[Ord. No. 410 §1, 10-14-1987]
For the purpose 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 dwelling units, commercial, industrial,
institutional, or agricultural establishments which are either too
large to too heavy to be safely and conveniently loaded in solid waste
transportation vehicles by solid waste collectors, with the equipment
available therefor.
Velda City, Missouri.
Removal of solid waste from the designated pickup location
to the transportation vehicle.
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 Clerk.
Disposable plastic or paper sacks with a capacity of twenty
(20) to thirty-five (35) gallons specifically designed for storage
of solid waste.
Any room or group of rooms located within a structure, and
forming a single habitable unit with facilities which are used, or
are intended to be used, for living, sleeping, cooking and eating.
Any waste or combination of wastes, as determined by the
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.
A housing facility containing more than one (1) dwelling
unit under one (1) roof.
Any person who, alone or jointly or severally with others,
shall be in actual possession of any dwelling unit or of any other
improved real property, either as owner or as a tenant.
Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, political
subdivision, or organization of any kind, or their legal representative,
agent or assigns.
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
Unwanted or discarded waste materials in a solid or semi-solid
state, including but not limited to garbage, ashes, street refuse,
rubbish, dead animals, animal and agricultural wastes, yard wastes,
discarded appliances, special wastes, industrial wastes, and demolition
and construction wastes.
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 deposition of solid wastes 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.
[Ord. No. 410 §2, 10-14-1987]
A.
The
occupant or owner 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 or owner 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
which do not become brittle in cold weather, may be used. Disposable
solid waste containers with suitable frames or 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
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
seventy-five (75) pounds.
G.
Solid
waste containers which do not meet the specifications as outlined
in this Section will be collected together with their contents and
disposed of.
[Ord. No. 410 §3, 10-14-1987; Ord. No. 582 §1, 6-8-2005]
A.
The
City shall provide for the collection of solid waste as follows:
1.
The City shall provide for the collection of all 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 interest of the City.
2.
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.
3.
If the City provides for the collection of solid waste by contract,
each owner or occupant benefitting by the provision of solid waste
collection services pursuant to said contract shall be required to
pay for such solid waste collection services as provided in said contract.
The solid waste contractor is solely responsible for the administration,
billing and collection of payment for all services rendered under
such contract. The City does not and will not assume any responsibility
or liability for the collection of any payments in arrears.
B.
All
solid waste from premises to which collection services are provided
by the City shall be collected, except bulky rubbish as defined herein.
Bulky rubbish will be collected in accordance with the rules and regulations
as promulgated by the Director.
C.
Tree limbs and yard wastes, as described in Section 230.020 (E) and (F) respectively, shall be placed at the curb, alley, or the rear of the building for collection. Solid waste containers as required by this Chapter for the storage of other residential solid waste shall be placed at the curb, alley, or the rear of the building 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.
D.
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 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 of the Director.
F.
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 at least once weekly, and 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. 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.
H.
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.
I.
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.
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.
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.
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.
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 260.245, 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.
No
person, including any person contracting with the City for the collection
of solid waste, 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. Permits shall
be approved by the Board of Aldermen.
B.
Permits.
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 City 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 million dollars ($1,000,000.00) for
each person injured or killed, and in the amount of not less than
three million dollars ($3,000,000.00) in the event of injury or death
of two (2) or more persons in any single accident, and in an amount
of not less than fifty thousand dollars ($50,000.00) for damage to
property. Such policy may be written to allow the first (1st) one
thousand dollars ($1,000.00) of liability for damage to property to
be deductible. Should any such policy be canceled, the City 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.
Any subcontractor shall provide insurance coverage in like amount
as is required of the contractor.
[Ord. No. 806, 2-9-2022]
C.
Each
applicant for any such permit shall state in his/her application therefor:
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;
6.
If for processing or disposal, a copy of a permit issued by the State
of Missouri; and
7.
Such other information as required by the City.
D.
If
the application shows that the applicant will collect, transport,
process or dispose of solid wastes without hazard to the public health
or damage to the environment and is in conformity with the laws of
the State of Missouri, and this Chapter and is approved by the City,
the City Clerk shall issue the permit authorized by the ordinance.
The permit shall be issued for a period of one (1) year, and each
applicant shall pay therefor a fee of twenty dollars ($20.00) for
each transportation vehicle to be used. If in the opinion of the Mayor,
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 Mayor shall notify the applicant in writing setting
forth the modification to be made and time in which it shall be done.
E.
If the applicant does not make the modifications pursuant to the notice in Subsection (D) hereof, within the time limit specified therein, or if the application does not clearly show that the collection, transportation, processing or disposal of solid wastes will not create a public health hazard or be without harmful effects on the environment, the application shall be denied and the applicant notified by the City Clerk, in writing, stating the reason for such denial. Nothing in this Section shall prejudice the right of the applicant to re-apply after the rejection of his/her application, provided that all aspects of the re-application comply with the provisions of this Chapter.
F.
The annual permit may be renewed simply upon payment of the fee or fees as designated herein if the business has not been modified. If modifications have been made, the applicant shall re-apply for a permit as set forth in Subsections (B) and (C). No permits authorized by the ordinance shall be transferable from person to person.
G.
In
order to ensure compliance with the laws of this State, this Chapter
and the rules and regulations authorized herein, City personnel are
authorized to inspect all phases of solid waste management within
the City of Velda City. No inspection shall be made of any residential
waste unit unless authorized by the occupant or by due process of
law. In all instances where such inspections reveal violation of this
Chapter concerning processing or disposal of solid waste or the laws
of the State of Missouri, the City shall issue notice for 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 City 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 not a 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 by the City may within thirty (30) days of the act
for which redress is sought appeal directly to the Circuit Court of
St. Louis County, in writing, setting forth in a concise statement
the act being appealed and the grounds for its reversal.
[Ord. No. 410 §7, 10-14-1987]
A.
The
Director shall make, amend, revoke, and enforce reasonable 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 sludges, ashes, agriculture, construction,
bulky items, tires, automobiles, oils, greases, etc.
B.
The
City Clerk is hereby authorized to make and promulgate reasonable
and necessary rules and regulations for the billing and collection
of solid waste and/or disposal service charges.
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. 410 §8, 10-14-1987; Ord.
No. 806, 2-9-2022]
A.
It shall be unlawful for any person, homeowner or occupant to:
1.
Deposit solid waste in any solid waste container other than
his/her own, with the intent of avoiding payment of the service charge
provided for solid waste collection and disposal;
2.
Fail to have solid waste collected as provided in this Section;
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, or those of a solid waste collection agency
operating under contract with the City;
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 Department of Natural Resources;
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;
7.
Fail to establish or maintain a contract for solid waste hauling
with any waste hauler authorized by the City; or
8.
Fail to pay any lawful charges for solid waste hauling within
sixty (60) days of the billing date from either the City or any waste
hauler authorized by the City.
B.
City police and other authorized personnel are authorized to ticket
any owner or occupant who fails to comply with the terms of this Section.
[Ord. No. 410 §5.2, 10-14-1987]
Hazardous wastes under provisions will require special handling
and shall be disposed of only in a manner authorized by State regulations.
[Ord. No. 410 §10, 10-14-1987; Ord. No. 617 §1, 7-8-2009]
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 one thousand dollars ($1,000.00); provided,
that each day's violation thereof shall be a separate offense for
the purpose hereof.
