[R.O. 2004 §215.010; CC 1990 §215.010; Ord. No. 598 §1, 2-6-1986]
For the purposes of this Chapter, the following terms shall
be deemed to have the meanings indicated below:
An incinerator which complies with all current regulations
of the responsible local, State and Federal air pollution control
agencies.
Non-putrescible solid wastes consisting of combustible and/or
non-combustible waste materials from dwellings, commercial, industrial,
institutional or agricultural establishments which are either too
large or too heavy to be safely and conveniently loaded in solid waste
transportation vehicles by solid waste collectors with the equipment
available therefor.
The City of Pevely, Missouri.
Removal of solid waste from its place of storage to the transportation
vehicle.
All solid waste generated from a source other than dwellings.
Such person, firm or corporation as may be contracted with
to provide solid waste transportation and disposal for the City.
Jefferson County, Missouri.
A location adjacent to and not more than five (5) feet from
any street.
Waste materials from the construction or destruction of residential,
industrial or commercial structures.
The Director of the Solid Waste Management Program of the
City shall be the City Administrator.
Disposable plastic or paper sacks with a capacity of twenty
(20) to thirty-nine (39) gallons or, if specifically designated for
storage of solid waste, a maximum of fifty-five (55) gallons.
Any building or portion thereof which is designed and used
exclusively for residential purposes and also means those dwellings
described in the definition of "Premises" in this
Section.
Putrescible animal or vegetable wastes resulting from the
handling, preparation, cooking, serving or consumption of food.
Any waste or combination of wastes, as determined by the
Hazardous Waste Management Commission by rules and regulations, which,
because of its quantity, concentration or physical, chemical or infectious
characteristics, may cause or significantly contribute to an increase
in mortality or an increase in serious irreversible or incapacitating
reversible illness, or pose a present or potential threat to the health
of humans or the environment.
Clothes washers and dryers, water heaters, trash compactors,
dishwashers, conventional ovens, ranges, stoves, wood stoves, air-conditioners,
refrigerators and freezers.
A housing facility containing more than one (1) dwelling
under one (1) roof.
Any person who, alone or jointly or severally with others,
shall be in actual possession of any dwelling or of any other improved
real property, either as owner or as a tenant.
Any natural individual, firm, partnership, trust, association
or corporation. As applied to partnerships or associations, the word
includes the partners or members thereof; and as applied to corporations,
it includes the officers, agents or employees thereof who are responsible
for the act referred to.
A lot, together with all buildings and structures thereon:
All dwellings now or hereafter located in the Single-Family Residential District ("R-1") as determined by the Zoning Code (Chapter 405 of this Code);
All dwellings now or hereafter located in the General Residential
District ("R-2") as determined by said zoning ordinance;
All dwellings now or hereinafter located in the Multiple-Family
Residential District ("R-3") as determined by said zoning ordinance;
All dwellings and all mobile homes located in the "MH" Mobile
Home Park District Regulations as determined by the said zoning regulations;
All buildings or parts of buildings now or hereafter owned by
or leased to the City and located in the City, except, however, park
shelter or park toilet buildings.
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
Items which are eliminated by State law from being disposed
of in a solid waste disposal area including, but not limited to, major
appliances, waste oil, lead acid batteries, waste tires and the like
as the same may be now or hereafter defined by State law.
Newsprint, corrugated paper, glass containers, aluminum foil
and cans, tin cans, steel cans and bi-metal cans reasonably free of
food, dirt and other contaminants. Also included as a recyclable is
any other material that the City may hereafter be required to collect
as a recyclable by the State of Missouri or any of its departments.
For purposes of this Section, recyclables shall not be refuse, rubbish
or solid waste as defined in this Section.
Every person who is an owner or occupant of a dwelling in
the City as to the buildings or parts thereof described at (3) of
the definition of "Premises" in this Subsection.
Solid waste resulting from the maintenance and operation
of dwellings.
Garbage, refuse and other discarded materials including,
but not limited to, solid and semi-solid waste materials resulting
from industrial, commercial, agricultural, governmental and domestic
activities, but does not include hazardous waste as defined in Sections
260.360 to 260.432, RSMo., recovered materials, overburden, rock,
tailings, matte, slag or other waste material resulting from mining,
milling or smelting. Solid waste does not include "Yard Waste" as defined herein.
Receptacle used by any person to store solid waste during
the interval between solid waste collections.
The process of discarding or getting rid of unwanted material.
In particular the final disposition of solid waste by man.
The entire solid waste system of storage, collection, transportation,
processing and disposal.
Keeping, maintaining or storing solid waste from the time
of its production until the time of its collection.
The transporting of solid waste from the place of collection
or processing to a solid waste processing facility or solid waste
disposal area.
Leaves, grass clippings, yard and garden vegetation and Christmas
trees. The term does not include stumps, roots or shrubs with intact
root balls.
[R.O. 2004 §215.020; CC 1990 §215.020; Ord. No. 598 §2, 2-6-1986; Ord. No. 1538, 4-5-2021]
A.
The
occupant of every dwelling and of every institutional, commercial,
business, industrial, or agricultural establishment producing solid
waste within the corporate limits of the City shall provide sufficient
and adequate containers for the storage of all solid waste, except
bulky rubbish and demolition and construction waste, to serve each
such dwelling and/or establishment and to maintain such solid waste
containers at all times in good repair.
B.
The
occupant of every dwelling and of every institutional, commercial,
business, industrial, or agricultural establishment shall place all
solid waste to be collected in proper solid waste containers and shall
maintain such solid waste containers and the area surrounding them
in a clean, neat, and sanitary condition at all times.
C.
Except
in rare instances with extenuating circumstances, accumulation of
waste in suitable containers shall not be stored upon any site in
the City for a period longer than seven (7) days.
D.
Residential
solid waste shall be stored in containers of not more than ninety-six
(96) gallons nor less than twenty (20) gallons in nominal capacity,
except that residential solid waste may be stored in trash bags of
adequate strength in a size not to exceed fifty-five (55) gallons.
All containers, including bags, shall be leakproof, watertight, and
properly covered, tied, or enclosed, except when depositing waste
therein or removing the contents thereof. Containers other than bags
shall have handles, bails, or other suitable lifting devices or features
and shall be of lightweight and sturdy construction. Containers other
than bags shall be of a type originally manufactured for residential
solid waste with tapered sides for easy emptying. The weight of any
individual container, including bags and its contents, shall not exceed
fifty (50) pounds. Other containers may be used for storage of residential
solid waste as approved by the City.
E.
Commercial solid waste shall be stored in solid waste containers as approved by the City. The containers shall be waterproof, leakproof, and shall be covered or enclosed at all times except when depositing waste therein or removing the contents thereof and shall meet all requirements as set forth by Section 230.060.
F.
Tree
limbs that are no larger than six (6) inches in diameter may be stacked
along the curb in neat piles for retrieval. These limbs shall not
be bundled or otherwise tied together.
G.
Tree
limbs larger than six (6) inches in diameter shall be properly disposed
of by the property owner.
H.
Yard
wastes shall be stored in containers so constructed and maintained
as to prevent the dispersal of wastes placed therein upon the premises
served, upon adjacent premises, or upon adjacent public rights-of-way.
The weight of any individual container and contents shall not exceed
fifty (50) pounds.
I.
Solid
waste containers which do not meet the specifications as outlined
in this Section will be collected together with their contents and
disposed of.
[R.O. 2004 §215.030 (B, C, D, G); CC 1990 §215.030
(B, C, D, G); Ord. No. 598 §3, 2-6-1986; Ord. No. 710 §1, 2-21-1991]
A.
The
City shall provide for the collection of solid waste as follows:
1.
Collection of residential solid waste. The City
shall provide for the collection of residential solid waste in the
City, provided however, that the City may provide the collection service
by contracting with a person, County or other City or a combination
thereof for the entire City or portions thereof as deemed to be in
the best interests of the City.
2.
Other collections. The City may, at its discretion,
provide commercial solid waste collection services upon specific application
of the owners or persons in charge thereof. However, in the event
that such application is not made or approved, it shall be the duty
of such establishment to provide for collection of all solid waste
produced upon any such premises in a manner approved by City. If and
when the City does provide commercial collection service, the provisions
herein concerning such service shall apply.
B.
All
solid waste from premises to which collection services are provided
under contract with the City shall become the property of the collection
agency upon being loaded into the transportation equipment.
C.
Solid
waste containers as required by this Chapter for the storage of residential
solid waste shall be placed at curbside for collection but shall not
be so placed until after 6:00 P.M. on the day next preceding the regularly
scheduled collection day. Containers shall be removed from curbside
no later than 8:00 P.M. on the day of collection. No alley service
shall be allowed under the terms of this Chapter, except as approved
by the Board of Aldermen.
D.
Bulky
rubbish will be collected in accordance with the rules and regulations
as promulgated by the Director.
1.
Bulky rubbish shall be collected at least once annually. The Director
shall establish the procedure for collecting bulky rubbish.
E.
Solid
waste collectors, employed by the City or a solid waste collection
agency operating under contract with the City, are hereby authorized
to enter upon private property for the purpose of collecting solid
waste therefrom as required by this Chapter. Solid waste collectors
shall not enter dwellings or other residential buildings for the purpose
of collecting residential solid waste. Commercial solid waste may
be removed from within commercial establishments upon written request
of the owner and approval by the Director.
F.
It
shall be the responsibility of the occupants of each dwelling to prepare,
package and deliver solid waste to curbside for collection as prescribed
in this Chapter and as it may be amended from time to time.
G.
It
shall be the responsibility of each commercial, industrial, institutional
or other non-residential generator of solid waste to prepare, package
and store solid waste so generated as prescribed by this Chapter and
as it may be amended from time to time.
H.
It
shall be the responsibility of every solid waste collector to abide
by this Chapter and receive and transport solid waste in a manner
consistent with the provisions of this Chapter.
I.
The
following collection frequencies shall apply to collections of solid
waste within the City: All residential solid waste, other than bulky
rubbish, shall be collected at least once weekly. At least forty-eight
(48) hours shall intervene between collections. All commercial solid
waste shall be collected once weekly and shall be collected at such
lesser intervals as may be fixed by the Board upon a determination
that such lesser intervals are necessary for the preservation of the
health and/or safety of the public.
J.
Residential solid waste containers shall be stored upon the residential premises. Except as provided in Subsection (C) hereof, all solid waste containers stored out-of-doors shall be stored behind any building located on the tract of land. Commercial solid waste containers shall remain in the location from which they are to be serviced except while being serviced. Commercial solid waste containers shall be stored upon private property, unless the owner shall have been granted written permission from the City to use public property for such purposes. The storage site shall be well drained; fully assessable to collection equipment, public health personnel and fire inspection personnel.
K.
All
solid waste collectors operating under contract with the City or otherwise
collecting solid waste within the City limits shall be responsible
for the collected solid waste from the point of collection to the
point of disposal, provided the solid waste was stored in compliance
with the applicable Sections of this Chapter. Any spillage or blowing
litter caused as a result of the duties of the solid waste collector
shall be collected and placed in the transportation vehicle by the
solid waste collector.
L.
It
shall be unlawful for any person, firm or corporation collecting and
disposing of rubbish, garbage or waste material from premises in the
residential districts or premises in any commercial district which
abuts or adjoins a residential district in the City to make such collection
or dispose of rubbish, garbage or waste materials between the hours
of 9:00 P.M. and 7:00 A.M.
M.
Tree limbs and yard wastes, as described in Section 230.020 (E) and (F) respectively, shall be placed at the curb for collection. Solid waste containers as required by this Chapter for the storage of other residential solid waste shall be placed at curb for collection. Any solid waste containers, tree limbs, yard wastes or other solid waste permitted by this Chapter to be placed at the curb or alley for collection shall not be so placed until the regularly scheduled collection day.
[R.O. 2004 §215.040; CC 1990 §215.040; Ord. No. 598 §4, 2-6-1986]
A.
All
transportation vehicles shall be maintained in a safe, clean and sanitary
condition and shall be so constructed, maintained and operated as
to prevent spillage of solid waste therefrom. All vehicles to be used
for transportation of solid waste shall be constructed with watertight
bodies and with covers which shall be an integral part of the vehicle
or shall be a separate cover of suitable material with fasteners designed
to secure all sides of the cover to the vehicle and shall be secured
whenever the vehicle is transporting solid waste or, as an alternative,
the entire bodies thereof shall be enclosed with only loading hoppers
exposed. Provided however, other vehicles may be used to transport
bulky rubbish which because of its size or weight is not susceptible
to being loaded or unloaded in vehicles described above, but in no
event shall such vehicles be operated without adequate cover or binding
to prevent spillage or waste therefrom and in accordance with the
rules and regulations made by the Board.
B.
Transportation and disposal of demolition and construction wastes shall be in accordance with this Section and Section 230.050. A permit shall not be required for the hauling of demolition and construction waste, however, all such material shall be conveyed in tight vehicles, trucks or receptacles so constructed and maintained that none of the material being transported shall spill upon the public rights-of-way.
A.
Solid
wastes shall be deposited at a processing facility or disposal area
approved by the City and complying with all requirements of the Missouri
Solid Waste Management Law, Sections 260.200 to 260.255, RSMo., and
the rules and regulations adopted thereunder. The City may designate
the processing or disposal facility to be utilized by persons holding
permits under this Chapter.
B.
The
Board may classify certain wastes as hazardous wastes which will require
special handling and shall be disposed of only in a manner acceptable
to the Board which will meet all local, State and Federal regulations.
A.
The
Director may make, amend, revoke and enforce reasonable and necessary
rules and regulations governing, but not limited to:
1.
Preparation, drainage and wrapping of garbage deposited in solid
waste containers.
2.
Specifications for solid waste containers including the type, composition,
equipment, size and shape thereof.
3.
Identification of solid waste containers, and of the covers thereof,
and of equipment thereto appertaining, if any.
4.
Weight limitations on the combined weight of solid waste containers
and the contents thereof, and weight and size limitations on bundles
of solid waste too large for solid waste containers.
5.
Storage of solid waste in solid waste containers.
6.
Sanitation, maintenance and replacement of solid waste containers.
7.
Schedules of and routes for collection and transportation of solid
waste.
8.
Collection points of solid waste containers.
9.
Collection, transportation, processing and disposal of solid waste.
10.
Processing facilities and fees for the use thereof.
11.
Disposal facilities and fees for the use thereof.
12.
Records of quantity and type of wastes received at processing and/or
disposal facilities.
13.
Handling of special wastes such as toxic wastes, sludge, ashes, agriculture,
construction, bulky items, tires, automobiles, oils, greases, etc.
B.
The
City Clerk or such other City Official who is responsible for preparing
utility or other service charge billings for the City is hereby authorized
to make and promulgate reasonable and necessary rules and regulations
for the billing and collection of solid waste collection and/or disposal
service charges, as hereinafter provided for, subject to the approval
of the Board.
C.
A copy
of any and all rules and regulations made and promulgated under the
provisions hereof shall be filed in the office of the City Clerk of
the City.
[R.O. 2004 §215.080(2, 4, 7); CC 1990 §215.080(2,
4, 7); Ord. No. 598 §8, 2-6-1986]
A.
It
shall be unlawful for any person to:
1.
Deposit solid waste in any solid waste container other than his/her
own without the written consent of the owner of such container and/or
with the intent of avoiding payment of the service charge hereinafter
provided for solid waste collection and disposal.
2.
Fail to have solid waste collected as provided in this Chapter.
3.
Interfere in any manner with solid waste collection and transportation
equipment or with solid waste collectors in the lawful performance
of their duties as such, whether such equipment or collectors shall
be those of the City, those of a solid waste collection agency operating
under contract with the City, or any duly licensed collector.
4.
Burn solid waste unless an approved incinerator is provided or unless
a variance has been obtained from the appropriate air pollution control
agency.
5.
Dispose of solid waste at any facility or location which is not approved
by the City and the Missouri Division of Health.
6.
Engage in the business of collecting, transporting, processing or
disposing of solid waste within the corporate limits of the City without
a permit from the City, or operate under an expired permit, or operate
after a permit has been suspended or revoked.
[R.O. 2004 §215.110; CC 1990 §215.110; Ord. No. 598 §11, 2-6-1986]
The City, may at its option, require a performance bond from
the transporter of solid waste and/or the operator or processor of
disposal facilities not to exceed fifty thousand dollars ($50,000.00),
said bond being executed by a reputable insurance company, all to
be approved by the City Clerk of the City of Pevely and conditioned
upon the applicant's observing and performing the requirements of
this Chapter.
A.
There
is hereby imposed for the collection and disposal of solid wastes
and for the improvement of the general public and environment a service
charge for each dwelling to which such service shall be provided under
the provisions of this Chapter. Said service charge shall be those
amounts set forth in any contract between the City and its contractor.
B.
The
system of services established by the provisions of this Chapter hereof
is designated as an integral part of the City's program of health,
sanitation and general welfare to be operated as an adjunct to the
City's system for providing all manner of utilities services. The
City may enforce collection of such charges by bringing proper legal
action against the occupant of the premises which has received such
services to recover any sums due for such services plus a reasonable
attorney's fee to be fixed by the court plus the cost of such action.
C.
The
service charge herein provided for is hereby imposed upon the occupant
of each occupied dwelling and the billing therefor shall be made to
the person contracting for City utilities of any kind to each such
dwelling. In the event a dwelling is not serviced by City utilities
or in the absence of information that such person is neither the owner
or the tenant of such dwelling, then billing therefor shall be made
to the owner. Service charges shall be payable to the City of Pevely,
Missouri.
D.
The
City shall include the foregoing service charge on its utility bill
as a separate charge which shall be paid on or before the fifteenth
(15th) of the following month.
E.
The
City shall provide any contractor hereunder with a monthly statement
showing the number of dwellings, together with all additions and deletions.
[R.O. 2004 §215.090; Ord. No. 710 §§1 — 2, 2-21-1991]
A.
Purpose. The purpose of this Section is to require mandatory
separation of recyclables to aid and promote collection thereof and
disposal by means other than deposit in a sanitary landfill or by
burning.
B.
Separation And Storage Of Recyclables.
1.
Every resident of every premises shall separate the recyclables from
their respective premises from all other refuse, garbage, rubbish,
waste matter and solid waste as defined in this Chapter and shall
store the recyclables separately in containers designated as containers
for the storage of recyclables.
2.
Containers for storage of recyclables shall be kept in the same location
as is designated by this Chapter for refuse containers, however, residents
of dwellings, not earlier than twelve (12) hours prior to the day
for scheduled collection of recyclables from their respective dwellings,
shall place the recyclables and the containers for recyclables at
a place adjacent to the dwelling or garage accessory thereto and visible
from the street in front of the dwelling or from the alley by the
dwelling if that dwelling has a refuse collection service at the alley.
After the scheduled collection, the containers for recyclables and
any recyclables not collected shall be returned by the resident of
the dwelling to the same location as containers for refuse are kept
as designated by this Chapter.
C.
Collection Of Recyclables.
1.
Collection of recyclables from premises shall be by a hauler as provided for in Section 230.030 of this Chapter and paid by a resident of such premises but which hauler currently has been issued a permit under this Code and other than applicable ordinances of the State of Missouri. Also such collection shall be done in compliance with all other applicable ordinances of the City now or hereafter in effect.
2.
The foregoing provisions of Subparagraph (1) of this Subsection notwithstanding,
the City, at anytime and from time to time, may contract with a hauler
for collection of recyclables from some or all premises and if the
City so contracts, the recyclables shall be collected from the premises
covered by such contract by the collector under contract with the
City and on terms and conditions set out in such contract.
3.
Neither the foregoing provisions of (1) or (2) of this Subsection or any other provisions of this Section shall prevent any resident from disposing of the resident's recyclables without the use of a paid hauler or the City Collector, but the provisions of Subsection (E) of this Section shall be complied with by such resident.
D.
Disposal Of Recyclables. Recyclables collected from premises
shall not in any event:
1.
Be deposited in any landfill;
2.
Be burned in any incinerator; or
3.
Be deposited or distributed in any way or manner which is contrary
to then applicable law, Statute, ordinance, rule or regulation, provided
however, that the restrictions at (1) and (2) above shall not apply
to any recyclables which are deposited in a landfill or burned pursuant
to specific prior written approval granted by the County and consented
to, in writing, by the City. Residents shall take such action as is
reasonable under the circumstances to determine that recyclables are
not disposed of contrary to the provisions of this Subsection.
E.
Reports To The City. As and when requested by the City from
time to time, the City shall require the haulers of its respective
recyclables to keep complete and accurate records of the total tons
of recyclables collected each month from their respective premises,
together with the actual weight or percentage of the total that each
recyclable material represents and the markets used for the sale of
and primary purchasers of such recyclables. Such records shall be
sent to the City when requested by the City. The City shall also prepare
or require such haulers to prepare and submit to the City, at the
request of the City, such other reports, data and information relative
to the separation, collection and disposal of recyclables as may be
required by any Statutes, law, ordinance, rule or regulation now or
hereafter applicable or which may now or hereafter be requested of
the City by the State of Missouri or Jefferson County, Missouri. All
such records, reports, data and information, once received by the
City, shall become the property of the City to be used as it shall
determine without obligation to any person.
