Section 245.150 Service And Commercial Waste Container Rental Charges For Commercial Establishments Imposed — Amount — Termination — Enforcement.
[R.O. 2013 § 255.010; Ord. No. 73-16 § 1; Ord. No. 93-08 § 1, 3-22-1993]
For the purposes of this Chapter, the following words or phrases shall have the meanings respectively ascribed to them by this Section:
- APPROVED INCINERATOR
- An incinerator which complies with all current regulations of the State Air Conservation Commission.
- BULKY RUBBISH
- Non-putrescible solid wastes consisting of combustible or non-combustible waste materials from dwelling units and commercial, industrial, institutional or agricultural establishments, which are either too large or too heavy to be safely and conveniently loaded in solid waste collection vehicles by solid waste collectors, with the equipment available therefor.
- Removal and transportation of solid waste from its place of storage to its place of processing or disposal.
- COMMERCIAL ESTABLISHMENT
- Any location or premise where the primary occupant conducts transactions with the public or provides services or products available to the public.
- DEMOLITION AND CONSTRUCTION WASTE
- Waste materials from the construction or destruction of residential, industrial or commercial structures, but shall not include materials defined as "clean fill" under Section 260.200, RSMo.
- The Public Works Director of the City, or his/her authorized representative.
- DISPOSABLE SOLID WASTE CONTAINER
- Disposable plastic bags with a capacity of twenty (20) to thirty (30) gallons, specifically designed for storage of solid waste.
- DWELLING UNIT
- 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.
- Putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving or consumption of food.
- HAZARDOUS WASTE
- Any waste or combination of wastes, as determined by the Hazardous Waste Management Commission created by Sections 260.350 to 260.430, RSMo., 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.
- MULTIPLE-HOUSING FACILITY
- A housing facility containing more than one (1) dwelling unit under one (1) roof.
- Any person who, alone or jointly or severally with others, is in actual possession of any dwelling unit or of any other improved real property, either as owner or as tenant.
- Incineration, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.
- PROHIBITED SOLID WASTE
- Such solid waste as may be prohibited from being disposed of by the State of Missouri, Department of Natural Resources, or the Environmental Protection Agency or any other Federal, State or local authority by law or regulation from time to time in a licensed landfill.
- Solid waste.
- RESIDENTIAL CUSTOMER
- An occupant generating residential solid waste as defined herein.
- SOLID WASTE
- 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 CONTAINER
- A receptacle used by any person to store solid waste during the interval between solid waste collections, including biodegradable bags required for yard waste.
- SOLID WASTE DISPOSAL
- The process of discarding or getting rid of unwanted material; in particular, the final disposition of solid waste by man.
- SOLID WASTE MANAGEMENT
- The entire system of solid waste storage, collection, transportation, processing and disposal.
- Keeping, maintaining or storing solid waste from the time of its production until the time of its collection.
- YARD WASTE
- 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. 2013 § 255.040; Ord. No. 90-42 § 1, 9-10-1990; Ord. No. 93-08 § 1, 3-22-1993; Ord. No. 95-06 § 1, 2-13-1995; Ord. No. 04-77 § 1, 12-27-2004; Ord. No. 07-15 § 1, 4-23-2007; Ord. No. 11-39 § 1, 8-8-2011]
The fee for refuse collection by the City of Fredericktown shall be the sum of eighteen dollars ($18.00) per residence per month for no more than two (2) thirty-three (33) gallon bags of residential solid waste per weekly collection. This fee shall be billed monthly to each residence that is being provided with electric, water and sewer, or any combination of these other services, and payable monthly to the City. Residents may purchase stickers for additional bags up to thirty-three (33) gallon from the City for the price of one dollar ($1.00) each. The service and service charges shall be terminated upon presentation of satisfactory proof to the City that any such residence is no longer occupied and written request for discontinuation of all services including electric, water and sewer has been provided to the City.
Residents who rent trash carts from the City pursuant to Section 245.130 shall not be limited in the number of bags of residential solid waste contained in the trash cart with the following exceptions:
[Ord. No. 15-15 § 1, 5-26-2015]
Residences being rehabilitated are eligible for credit for the refuse collection fee set forth in Section 245.040 under the following circumstances:
At least fifteen (15) days prior to the commencement of the rehabilitation, the property owner or the contractor performing the work must apply for a Trash Service Charge Credit Permit on a form provided by the City.
Each residence receiving a Trash Service Charge Credit Permit shall be eligible for monthly refuse collection fee credit for a credit period of up to three (3) monthly billings.
The property owner or contractor must obtain a paid invoice for transfer station charges designating the permitted residence dated during the credit period.
Curbside trash pickup at the permitted residence may not be utilized during the credit period.
Within fifteen (15) days of the service period ending date for which credit is requested the property owner must deliver to the City Light and Water billing offices either:
Trash Service Charge Credit Permits shall only be issued for no more than three (3) residences per property owner per year.
There shall be no charge for applying for a Trash Service Charge Credit Permit.
[R.O. 2013 § 255.050; Ord. No. 73-16 § 6; Ord. No. 93-08 § 1, 3-22-1993]
The Director shall make, amend, revoke and enforce reasonable and necessary rules and regulations governing, but not limited to:
Collection and disposal of solid waste.
Preparation, drainage and wrapping of garbage deposited in solid waste containers.
Specifications for solid waste containers, including the type, composition, equipment, size and shape thereof.
Identification of solid waste containers and of the covers thereof, and of equipment thereto appertaining, if any.
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.
Storage of solid waste in solid waste containers.
Sanitation, maintenance and replacement of solid waste containers.
Schedules of and routes for collection of solid waste.
Collection points of solid waste containers.
Records of quantities and types of wastes received at processing or disposal facilities.
Handling of special wastes, such as toxic wastes, sludges, ashes, agricultural or construction wastes, bulky items, tires, automobiles, oils, greases, etc.
Unauthorized handling, removal, dispersal, scavenging, storage or theft of solid waste.
Copies of all rules and regulations made and promulgated under the provisions of this Section shall be filed in the office of the City Clerk and with the Utilities Department.
[R.O. 2013 § 255.060; Ord. No. 73-16 §§ 7,10; Ord. No. 93-08 § 1, 3-22-1993]
It shall be unlawful for any person to:
Deposit solid waste in any solid waste container other than his/her own, without the written consent of the owner of such container or with the intent of avoiding payment of the service charge provided in this Chapter for solid waste collection and disposal, or allow any nonresident of the City to deposit solid waste in any residential or commercial solid waste container.
Interfere in any manner with solid waste collection 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.
Burn solid wastes, except as provided in this Chapter or other ordinance of the City, unless an approved incinerator is provided or unless a variance has been obtained from the appropriate air pollution control agency, but the hospital is excepted from this prohibition.
Dispose of solid waste at any facility or location which is not approved by the City and the State Division of Health.
Engage in the business of collecting, transporting, processing or disposing of solid waste within the corporate limits.
Engage in promiscuous littering and dumping in backyards or premises or public property within the City limits.
Remove, handle, disperse, take, scavenge or sort solid waste placed on the premises for collection, except for the owner thereof.
Dispose of yard waste, except in lawn and leaf bags.
Place for disposal or collection waste oil; spent oil filters; mixtures of waste oil liquids with any solid, semi-solid or sludge; oily wastes; toxic or hazardous waste; or waste tires.
[R.O. 2013 § 255.070; Ord. No. 73-16 § 5; Ord. No. 93-08 § 1, 3-22-1993]
In order to insure compliance with the laws of the 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. 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, the Director shall issue notice for each such violation, stating therein the violation found, the time and date and the corrective measure to be taken, together with the time in which such correction shall be made.
[R.O. 2013 § 255.080; Ord. No. 73-16 § 5; Ord. No. 93-08 § 1, 3-22-1993]
In all cases when the corrective measures as provided for in Section 245.080 have not been taken within the specified time, the Director shall suspend or revoke the permit 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.
[R.O. 2013 § 255.090; Ord. No. 73-16 § 5; Ord. No. 93-08 § 1, 3-22-1993]
Any person who feels aggrieved by any notice of the Director concerning a violation of this Chapter, or by any order issued pursuant thereto, may, within five (5) days of the act for which redress is sought, appeal directly to the Mayor and Board of Aldermen, in writing, setting forth in a concise statement the act being appealed and the grounds for its reversal.
[R.O. 2013 § 255.100; Ord. No. 73-16 § 2; Ord. No. 93-08 § 1, 3-22-1993]
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 in this Chapter, and shall maintain such solid waste containers and the area surrounding them in a clean, neat and sanitary condition at all times.
[R.O. 2013 § 255.110; Ord. No. 73-16 § 3; Ord. No. 93-08 § 1, 3-22-1993]
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 permission from the City to use public property for such purposes. The storage site shall be well-drained and fully accessible to collection equipment, public health personnel and fire inspection personnel.
[R.O. 2013 § 255.120; Ord. No. 73-16 § 2; Ord. No. 93-08 § 1, 3-22-1993; Ord. No. 04-77 § 1, 12-27-2004; Ord. No. 06-48 § 1, 10-2-2006]
The occupant of every dwelling unit and of every institutional, commercial, business, industrial or agricultural establishment producing solid waste within the corporate limits 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 or establishment. At the request of the occupant and upon the deposit of the sum of thirty-five dollars ($35.00) or such other amount as may be set by the Director from time to time, the City will provide rental carts at a cost of five dollars ($5.00) per month, which shall be included in the occupant's monthly services charges. Each occupant shall be responsible for damage occurring to any rental carts as a result of the occupant's abuse, misuse or neglect. Such occupant shall maintain such solid waste containers at all times in good repair.
[R.O. 2013 § 255.130; Ord. No. 73-16 § 2; Ord. No. 93-08 § 1, 3-22-1993]
Residential solid waste shall be stored in containers of not more than thirty (30) gallons nor less than twenty (20) gallons in nominal capacity. Containers shall be leakproof plastic bags, or leakproof, waterproof, fitted with a flytight 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 container and contents shall not exceed seventy-five (75) pounds. Galvanized metal containers, rubber or fiberglass containers and 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; these containers shall have marked lines.
Section 245.150 Service And Commercial Waste Container Rental Charges For Commercial Establishments Imposed — Amount — Termination — Enforcement.
[R.O. 2013 § 255.140; Ord. No. 73-16 § 2; Ord. No. 93-08 § 1, 3-22-1993; Ord. No. 93-61 § 1, 10-11-1993; Ord. No. 04-77 § 1, 12-27-2004; Ord. No. 06-48 § 1, 10-2-2006; Ord. No. 07-40 § 1, 9-24-2007; Ord. No. 10-49 § 1, 9-27-2010]
There is hereby imposed for each commercial establishment in the City of Fredericktown a rental charge for commercial waste containers, other than ninety-gallon carts, in the amount of fifteen dollars ($15.00) per month.
The service and rental fees shall be terminated upon presentation of satisfactory proof to the Director that any such commercial establishment is unoccupied and shall be commenced upon renewed occupancy thereof.
Each commercial establishment in the City of Fredericktown shall provide an appropriate commercial waste container either by renting the same from the City of Fredericktown or by purchasing its own. Any commercial waste container owned or rented by a commercial establishment shall be maintained by such commercial establishment and the City of Fredericktown shall have no responsibility to maintain such commercial waste container; provided however, that each such privately owned commercial waste container shall meet or exceed the City Code or State health requirements pertaining to solid waste disposal containers. Each business establishment shall be responsible for damage or loss to its commercial waste container.
The service and service charges provided hereunder shall be terminated upon the presentation of satisfactory proof to the Director that any such commercial establishment is unoccupied and shall be commenced upon renewed occupancy thereof.
The system of services established by the provisions of this Chapter is designated 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 sewage disposal. The City may enforce collection of such charges by bringing proper legal action against the occupant of any commercial establishment which has received such services and may charge a reasonable attorney's fee which the City incurs in collecting such charges.
In addition to any other charges provided for in this Section, there is hereby imposed a charge of seventeen dollars ($17.00) per month for cart rental, pickup and disposal for each commercial establishment which uses a ninety-gallon cart commercial waste container provided by the City. For commercial establishments maintaining a commercial dumpster, a fee of three dollars ($3.00) per cubic yard of dumpster shall be charged per pickup for each commercial establishment disposing of solid waste based on the size of the commercial dumpster used.
[R.O. 2013 § 255.150; Ord. No. 73-16 § 2; Ord. No. 93-08 § 1, 3-22-1993]
Yard wastes shall be stored in biodegradable bags meeting the specifications set by the Director, which shall be purchased from the City at approved locations, 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. Yard waste shall be placed for collection at or near the curb of the occupant's premises no sooner than twenty-four (24) hours prior to collection. Yard waste shall not be allowed to remain on the curb or public right of way for a period of longer than twenty-four (24) hours. The weight of any individual container and contents shall not exceed seventy-five (75) pounds.
[R.O. 2013 § 255.160; Ord. No. 73-16 § 2; Ord. No. 93-08 § 1, 3-22-1993]
Solid waste containers which are not approved will be collected together with their contents and disposed of.
[R.O. 2013 § 255.170; Ord. No. 73-16 § 3; Ord. No. 93-08 § 1, 3-22-1993]
All solid waste from premises to which collection services are provided by the City shall be collected, except prohibited solid waste and bulky rubbish. All solid waste collected shall, upon being loaded into collection equipment, become the property of the collection agency.
The City shall provide for the collection of all residential solid waste in the City as deemed to be in the best interests of the City.
The City may, at its discretion, provide commercial solid waste collection services upon specific application of the owners or persons in charge of commercial establishments. 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.
[R.O. 2013 § 255.180; Ord. No. 73-16 § 10; Ord. No. 74-12 § 1; Ord. No. 78-16 § 1; Ord. No. 93-08 § 1, 3-22-1993; Ord. No. 96-52 § 1, 10-14-1996; Ord. No. 99-52 § 1, 11-10-1999]
Residents having their own garbage disposal and not using the City collection system for disposal of garbage need only use plastic bags for other residential solid waste.
No returns for pickups of refuse will be made after the collection agent has made his/her run for the purpose of solid waste collection in any area.
The following unusual refuse which is not produced from normal household living is excluded from regular collection: building materials, scrap metals, any dangerous materials, cars, bulky furniture, appliances, dirt, rock, cinders, gravel and chat.
Homeowners may on residential lots be permitted and allowed to burn yard and garden trimmings at the following specified times, to-wit: Between 10:00 A.M. and 4:00 P.M. on October 15 through December 15 of each year thereafter until further ordinances be adopted; and between the hours of 10:00 A.M. and 4:00 P.M. on March 1 through April 30 of each year thereafter until further ordinances be adopted.
[R.O. 2013 § 255.190; Ord. No. 73-16 § 3; Ord. No. 93-08 § 1, 3-22-1993; Ord. No. 93-62 § 1, 10-11-1993]
All residential solid waste, other than bulky rubbish, shall be collected at least once weekly. Approximately one hundred sixty-eight (168) hours shall intervene between collections. All commercial solid waste shall be collected at such intervals as may be fixed by the Director as are necessary for the preservation of the health or safety of the public.
[R.O. 2013 § 255.200; Ord. No. 73-16 § 3; Ord. No. 93-08 § 1, 3-22-1993]
Bulky rubbish shall be collected by request to the Director. The Director shall establish the procedure for collecting bulky rubbish from residents, which collection shall be made on five (5) cleanup days in the fall and in the spring.
[R.O. 2013 § 255.210; Ord. No. 73-16 § 3; Ord. No. 93-08 § 1, 3-22-1993]
Solid waste containers as required by this Chapter for the storage of other residential solid waste shall be placed at the curb for collection. Any solid waste containers or other solid waste permitted by this Chapter to be placed at the curb for collection shall not be so placed until twenty-four (24) hours prior to the regularly scheduled collection day and shall be removed no later than twenty-four (24) hours after such day.
[R.O. 2013 § 255.220; Ord. No. 73-16 § 3; Ord. No. 93-08 § 1, 3-22-1993]
Solid waste collectors employed by 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.
[R.O. 2013 § 255.230; Ord. No. 73-16 § 3; Ord. No. 93-08 § 1, 3-22-1993]
All collection 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 collection of solid waste shall be constructed with watertight bodies and with covers which shall either be an integral part of the vehicle or a separate cover of suitable material, with fasteners designed to secure all sides of the cover to the vehicle, which shall be secured whenever the vehicle is transporting solid waste. Alternatively, the entire bodies of such vehicles shall be enclosed, with only loading hoppers exposed. No solid waste shall be transported in the loading hoppers.
[R.O. 2013 § 255.240; Ord. No. 73-16 § 4; Ord. No. 93-08 § 1, 3-22-1993; Ord. No. 13-18 § 1, 4-22-2013]
Solid waste shall be disposed of at a processing facility or disposal area approved by the City and shall comply with the requirement of the State Department of Natural Resources. The City may classify certain wastes as hazardous and shall order disposal in a manner which will meet all local, State and Federal regulations.
[R.O. 2013 § 255.250; Ord. No. 73-16 § 4; Ord. No. 93-08 § 1, 3-22-1993; Ord. No. 13-18 § 2, 4-22-2013]
No permits of any kind shall 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 vehicles so constructed and maintained that none of the material being transported shall spill upon the public rights-of-way. Transportation and disposal of demolition and construction wastes shall be in accordance with the provisions of this Chapter relative to transportation and disposal of other waste.
[R.O. 2013 § 255.260; Ord. No. 73-16 § 3; Ord. No. 93-08 § 1, 3-22-1993; Ord. No. 13-18 § 3, 4-22-2013]
No person shall engage in the business of collecting, transporting, processing or disposing of solid waste within the City 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. Collection vehicles of persons holding permits shall have their names, addresses, and permit numbers painted on both sides of such vehicles in letters of at least three (3) inches, in a contrasting color to that of the vehicle. Before any permit for the collection of solid wastes shall be issued, the City staff shall inspect and approve applicant's equipment according to Section 245.240. If the applicant's equipment shall not meet these requirements, the permit shall not be issued.
Liability Insurance Necessary. No permit required by this Section shall be issued until and unless the applicant therefor, in addition to other requirements set forth, shall file and maintain with the City staff a certificate of insurance 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 eight hundred thousand dollars ($800,000.00) 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 one hundred thousand dollars ($100,000.00) for damage to property. Should such policy be canceled, the City staff 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 any such policy, which shall also place upon the company writing such policy the duty to give such notice.
Information Required. Each applicant for any permit required by this Section shall state in his/her application therefor:
The nature of the permit desired, as to collect, transport, process or dispose of solid waste or any combination thereof;
The characteristics of solid waste to be collected, transported, processed or disposed;
The number of solid waste vehicles to be operated thereunder;
The precise location of solid waste processing or disposal facilities to be used;
Boundaries of the collection area; and
Such other information as required by the City staff.
If the application for a license required by this Section 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 in conformity with the laws of the State and this Article, the City staff shall issue the permit authorized by this Article. The permit shall be issued for a period of one (1) year, and each applicant shall pay therefor a fee of forty dollars ($40.00).
If the applicant fails to meet all conditions, he/she shall be notified in writing that the permit applied for was denied. The annual permit may be renewed upon payment of fees, except where modifications in the applicant's business have occurred. If modifications have occurred, then the applicant must reapply.
[R.O. 2013 § 255.270; Ord. No. 95-07 § 1, 2-13-1995; Ord. No. 97-62 § 1, 12-15-1997; Ord. No. 01-01 § 1, 1-8-2001; Ord. No. 04-11 § 1, 2-23-2004; Ord. No. 05-65 § 1, 11-28-2005; Ord. No. 06-47 § 1, 10-2-2006; Ord. No. 07-38 § 1, 9-24-2007; Ord. No. 08-53 § 1, 9-29-2008; Ord. No. 11-40 § 1, 8-22-2011; Ord. No. 13-18 § 4, 4-22-2013; Ord. No. 15-24 § 1, 9-14-2015]
[R.O. 2013 § 255.275; Ord. No. 13-18 § 5, 4-22-2013]
Haulers who dispose of less than one hundred (100) tons of solid waste per month at the City disposal facility shall pay a rate of sixty-five dollars ($65.00) per ton. Private haulers who regularly use the disposal facility and who regularly dispose of one hundred (100) tons or more of solid waste per month at the City disposal facility shall have a rate established by contract based on the operating costs. The applicable fee shall be increased by twenty-five dollars ($25.00) for each load that is not properly covered or secured in accordance with State and local law.