[Ord. No. 98-09 §1, 9-1-1998]
For the purpose of this Chapter, the following terms shall be
deemed to have the meaning indicated herein:
An incinerator which complies with all current regulations
of the responsible local and State air pollution control agencies.
Non-putrescible solid wastes consisting of combustible and/or
non-combustible waste materials from dwelling units, 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 therefore.
The City of Tipton, Missouri.
Removal of solid waste from its place of storage to the transportation
vehicle.
Waste materials from the construction or destruction of residential,
industrial or commercial structures.
Board of Alderpersons of the City of Tipton, or its authorized
representative.
Disposable plastic or paper sacks with a capacity of twenty
(20) to thirty-five (35) gallons specifically designed for storage
of solid waste.
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 collection.
The transporting of solid waste from the place of collection
or processing to a solid waste processing facility or solid waste
disposal area.
Grass clippings, leaves, tree trimmings.
[Ord. No. 98-09 §2, 9-1-1998]
A.
The
occupant of every dwelling unit and of every institutional, commercial
or 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 unit and/or establishment; and to maintain such solid
waste containers at all times in good repair.
B.
The
occupant of every dwelling unit and of every institutional, commercial,
industrial, agricultural or business establishment shall place all
solid waste to be collected in proper solid waste containers, except
as otherwise provided herein, and shall maintain such solid waste
containers and the area surrounding them in a clean, neat and sanitary
condition at all times.
C.
Residential
solid waste shall be stored in containers of not more than thirty-five
(35) gallons nor less than twenty (20) gallons in nominal capacity.
Containers shall be leakproof, waterproof, and fitted with a fly-tight
lid and shall be properly covered at all times except when depositing
waste therein or removing the contents thereof. The containers shall
have handles, bails or other suitable lifting devices or features.
Containers shall be of a type originally manufactured for residential
solid waste, with tapered sides for easy emptying. They shall be of
light weight and sturdy construction. The weight of any individual
container and contents shall not exceed seventy-five (75) pounds.
Galvanized metal containers, or rubber, fiberglass, or plastic containers
as approved by the Director may also be used for storage of residential
solid waste.
D.
Commercial solid waste shall be stored in solid waste containers as approved by the Director. The containers shall be waterproof, leakproof and shall be covered at all times except when depositing waste therein or removing the contents thereof; and shall meet all requirements as set forth by Section 230.070.
E.
Tree
limbs less than four (4) inches in diameter and brush shall be securely
tied in bundles not larger than forty-eight (48) inches long and eighteen
(18) inches in diameter when not placed in storage containers. The
weight of any individual bundle shall not exceed seventy-five (75)
pounds.
F.
Yard
waste shall be stored in containers so constructed and maintained
as to prevent the dispersal of waste 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
seventy-five (75) pounds.
G.
Solid
waste containers which are not approved will be collected together
with their contents and disposed of.
[Ord. No. 98-09 §3, 9-1-1998]
A.
The
City shall provide for the collection of all 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.
B.
All
solid waste from premises to which collection services are provided
by the City shall be collected, except bulky rubbish as defined herein,
provided however, that bulky rubbish will be collected if tied securely
in bundles not exceeding reasonable limitations of weight and bulk
to be fixed by regulations to be made and promulgated by the Director
as hereinafter provided. All solid waste collected shall, upon being
loaded into transportation equipment, become the property of the collection
agency.
C.
Tree limbs and yard waste, as described in Subsections (E) and (F) respectively of Section 230.020, shall be placed at the curb or alley for collection. Solid waste containers as required by this Chapter for the storage of other residential solid waste shall be placed at the curb unless other pickup point is designated by the Director for collection. Any solid waste containers, tree limbs, yard waste, or other solid waste permitted by this Chapter to be placed at the curb or other pickup point for collection shall not be so placed until the regularly scheduled collection day.
D.
Bulky
rubbish shall be collected by request to the Director. 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 dwelling units 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.
The
following collection frequencies shall apply to collection of solid
waste within the City:
1.
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
at such lesser intervals as may be fixed by the Director or requested
by the commercial establishment upon a determination that such lesser
intervals are necessary for the preservation of the health and/or
safety of the public.
G.
Residential
solid waste containers shall be stored upon the residential premises.
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 accessible to collection equipment, public
health personnel and fire inspection personnel.
H.
Solid waste collectors, employed by the City or a solid waste collection agency operating under contract with the City shall be responsible for the collection of solid waste from the point of collection to the transportation vehicle provided the solid waste was stored in compliance with Section 230.020(C — F) 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.
[Ord. No. 98-09 §4, 9-1-1998]
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 water-tight
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 alternate,
the entire bodies thereof shall be enclosed, with only loading hoppers
exposed. No solid waste shall be transported in loading hoppers.
B.
Permits
shall not be required for the removal, hauling or disposal of earth
and rock material from grading or excavation activities, 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.
[Ord. No. 98-09 §5, 9-1-1998]
A.
Solid
waste shall be deposited at a processing facility or disposal area
approved by the City and complying with all requirements of the Missouri
Division of Health.
B.
The
Director may classify certain wastes as hazardous wastes which will
require special handling and shall be disposed of only in a manner
acceptable to the Director and which will meet all local, State and
Federal regulations.
[Ord. No. 98-09 §6, 9-1-1998]
A.
No
person shall engage in the business of collecting, transporting, processing
or disposing of solid waste within the corporate limits of the City,
without first obtaining an annual permit therefor from the City, provided
however, that this provision shall not be deemed to apply to employees
of the holder of any such permit.
B.
No
such permit shall be issued until and unless the applicant therefor,
in addition to all other requirements set forth, shall file and maintain
with the Director evidence of a satisfactory public liability insurance
policy, covering all operations, of such applicant pertaining to such
business and all vehicles to be operated in the conduct thereof, in
the amount of not less than one hundred thousand dollars ($100,000.00)
for each person injured or killed, and in the amount of not less than
three hundred thousand dollars ($300,000.00) in the event of injury
or death of two (2) or more persons in any single accident, and in
the amount of not less than fifty thousand dollars ($50,000.00) for
damage to property. Such policy may be written to allow the first
to be deductible. Should any such policy be canceled, the Director
shall be notified of such cancellation by the insurance carrier in
writing not less than ten (10) days prior to the effective date of
such cancellation, and provisions to that effect shall be incorporated
in such policy, which shall also place upon the company writing such
policy the duty to give such notice.
C.
Each
applicant for any such permit shall state in his/her application therefore:
1.
The nature of the permit desired, as to collect, transport, process,
or dispose of solid waste or any combination thereof;
2.
The characteristics of solid waste to be collected, transported,
processed, or disposed;
3.
The number of solid waste transportation vehicles to be operated
thereunder;
4.
The precise location or locations of solid waste processing or disposal
facilities to be used;
5.
Boundaries of the collection area; and
6.
Such other information as required by the Director.
D.
If
the application shows that the applicant will collect, transport,
process or dispose of solid waste without hazard to the public health
or damage to the environment and in conformity with the laws of the
State of Missouri and this Chapter, the Director shall issue the permit
authorized by this Chapter. The permit shall be issued for a period
of one (1) year, and each applicant shall pay therefore a fee of thirty-five
dollars ($35.00) for each solid waste processing or disposal facility
to be operated and a fee of three hundred fifty dollars ($350.00)
for each transportation vehicle to be used. If in the opinion of the
Director, modifications can be made to the application regarding service,
equipment, or mode of operation, so as to bring the application within
the intent of this Chapter, the Director shall notify the applicant
in writing setting forth the modification to be made and the time
in which it shall be done.
E.
If the applicant does not make the modifications pursuant to the notice in Subsection (D) within the time limit specified therein, or if the application does not clearly show that the collection, transportation, processing or disposal of solid waste will create no public health hazard or be without harmful effects on the environment, the application shall be denied and the applicant notified by the Director, in writing, stating the reason for such denial. Nothing in this Section shall prejudice the right of the applicant to reapply, after the rejection of his/her application, provided that all aspects of the reapplication comply with the provisions of this Chapter.
F.
The annual permit may be renewed simply upon payment of the fee or fees designated herein if the business has not been modified. If modifications have been made, the applicant shall reapply for a permit as set forth in Subsections (B) and (C). No permits authorized by this Chapter shall be transferable from person to person.
G.
In
order to insure compliance with the laws of this State, this Chapter
and the rules and regulations authorized herein, the Director is authorized
to inspect all phases of solid waste management within the City of
Tipton. No inspection shall be made in any residential unit unless
authorized by the occupant or by due process of law. In all instances
where such inspections reveal violation of this Chapter, the rules
and regulations authorized herein for the storage, collection, transportation,
processing or disposal of solid waste or the laws of the State of
Missouri, the Director shall issue notice for each such violation
stating therein the violation or violations found, the time and date
and the corrective measure to be taken, together with the time in
which such corrections shall be made.
H.
In
all cases, when the corrective measures have not been taken within
the time specified, the Director shall suspend or revoke the permit
or permits involved in the violation, however, in those cases where
an extension of time will permit correction and there is no public
health hazard created by the delay, one (1) extension of time not
to exceed the original time period may be given.
I.
Any
person who feels aggrieved by any notice of violation or order issued
pursuant thereto of the Director may, within twenty (20) days of the
act for which redress is sought, appeal directly to the Circuit Court
of Moniteau County in writing, setting forth in a concise statement
the act being appealed and the grounds for its reversal.
J.
All
motor vehicles operating under any permit required by this Chapter
shall display the number or numbers on each side in colors which contrast
with that of the vehicle, such numbers to be clearly legible and not
less than two (2) inches high. Each permit for processing or disposal
facilities shall be prominently displayed at the facility.
[Ord. No. 98-09 §7, 9-1-1998]
A.
The
Director shall 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 compositions,
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 collections 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 and 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.
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.
[Ord. No. 98-09 §8, 9-1-1998]
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.
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, or those of a solid waste collection agency
operating under contract with the City;
3.
Burn solid waste unless an approved incinerator is provided or unless
a variance has been obtained from the appropriate air pollution control
agency;
4.
Dispose of solid waste at any facility or location which is not approved
by the City and the Missouri Division of Health;
5.
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.
[Ord. No. 98-09 §9, 9-1-1998]
A.
There
is hereby imposed, for the collection and disposal of solid waste,
and for the improvement of the general public health and environment,
a service charge for each dwelling unit and each commercial establishment.
The Board of Alderpersons of the City of Tipton may set such service
charge as is necessary to defray the expenses for the collection,
and disposal and general and administrative cost the City shall incur
in its solid waste program. The said Board may set different service
charges for residential and commercial unit services depending upon
the amount, type and difficulty of its collection and disposal. The
service charges shall be established from time to time as the need
arises by resolution of the Board of Alderpersons of the City of Tipton
and the charges so established shall be posted in the City Clerk's
office and shall be available for the public observation at all times.
B.
Service
and service charges shall be terminated upon the presentation of satisfactory
proof to the Director that any such dwelling unit or establishment
is unoccupied, and shall be commenced upon renewed occupancy thereof.
C.
The
system of services established by the provisions of this Chapter hereof
is designed as an integral part of the City's program of health and
sanitation, to be operated as an adjunct to the City's system for
providing potable water and the City's system for providing sewerage
disposal. The City may enforce collection of such charges by bringing
proper legal action against the occupant of any dwelling unit or owner
of any commercial establishment to recover any sums due for such services
plus a reasonable attorney's fee to be fixed by the court, plus that
cost of such action.
D.
The
collection service herein described is mandatory on all persons, corporations,
firms, businesses, partnerships occupying a dwelling unit, office,
commercial building or is situated within the City and the billing
therefore shall be made to the person contracting for the City water
and/or sewerage service or for other water service or otherwise providing
water service to each such dwelling unit. In the event a dwelling
unit is not serviced by the City water and/or sewerage service, or
in the absence of information that such person is neither the owner
nor the tenant of such dwelling unit, in which event billing therefor
shall be made to the owner. Service charges shall be payable to the
department empowered to collect service charges imposed by the City.
[Ord. No. 98-09 §10, 9-1-1998]
Any person violating any of the provisions of this Chapter,
or any lawful rules or regulations promulgated pursuant thereto, upon
conviction, shall be punished by a fine of not less than five dollars
($5.00) nor more than five hundred dollars ($500.00); provided, that
each day's violation thereof shall be a separate offense for the purpose
hereof.
[Ord. No. 98-09 §11, 9-1-1998]
A.
Bonds
are suggested for permits to collect and transport solid waste and
to operate processing or disposal facilities. The amounts and types
should be determined by the City. Types of bonds which should be considered
are performance bonds and payment bonds.
B.
Any
person contracting with the City to collect and transport solid waste
shall provide a performance bond in an amount to be determined by
the Board of Alderpersons of the City.
