[CC 1975 §14-1]
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 Missouri Air Conservation Commission.
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 therefor.
The City of Billings, Missouri.
Removal of solid waste from its place of storage to the transportation
vehicle.
All solid waste generated from a source other than a dwelling
unit.
Such person, firm or corporation as may be contracted with
to provide solid waste transportation and disposal for the City.
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 or his/her authorized representative.
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 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.
Units of multiple-housing facilities may be billed as dwelling units
upon request by the owner of said dwelling units.
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.
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 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.
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.
Solid waste.
Solid waste resulting from the maintenance and operation
of dwelling units.
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 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.
[CC 1975 §13-2(e — f)]
A.Â
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.Â
The
occupant of every dwelling unit 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. Accumulation
of waste in suitable containers shall not be stored upon any site
in the City for a period longer than seven (7) days.
C.Â
Residential
solid waste shall be stored in containers of not more than thirty-nine
(39) 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 and waterproof,
fly-tight 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. Containers other than bags shall be of a type originally
manufactured for residential solid waste with tapered sides for easy
emptying. They shall be of lightweight and sturdy construction. The
weight of any individual container, including bags and its 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 in addition to bags. Disposable solid
waste containers with suitable frames or containers as approved by
the City may also be used for storage of residential solid waste.
Galvanized metal containers or rubber, fiberglass or plastic containers
with suitable frames or containers as approved by the City may also
be used for storage of residential solid waste.
D.Â
Commercial solid waste shall be stored in solid waste containers as approved by the Board. 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.Â
Solid
waste containers which are not approved will be collected together
with their contents and disposed of.
F.Â
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.
G.Â
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.
[CC 1975 §14-3(C)]
A.Â
The
City shall provide for the collection of solid waste as follows:
1.Â
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.Â
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.Â
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.Â
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.Â
Individuals
desiring the collection of bulky rubbish shall deal directly with
those licensed by the City for the collection of the same.
E.Â
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.
F.Â
It
shall be the responsibility of the occupants of each dwelling unit
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.Â
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.Â
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.Â
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. 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.Â
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.
K.Â
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.Â
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.Â
Tree
limbs and yard wastes, as herein defined, 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 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.
A.Â
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.Â
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.Â
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.Â
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.
[CC 1975 §14-5]
A.Â
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 City Director.
B.Â
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 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
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
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.
C.Â
Each
applicant for any such permit shall state in his/her application therefor:
1.Â
The nature of the permit desired as to collect, transport, process
or dispose of solid waste or any combination thereof;
2.Â
The characteristics of solid waste to be collected, transported,
processed or disposed;
3.Â
The number of solid waste transportation vehicles to be operated
thereunder;
4.Â
The precise location or locations of solid waste processing or disposal
facilities to be used;
5.Â
Boundaries of the collection area;
6.Â
If for processing or disposal, a copy of a permit issued by the State
of Missouri; and
7.Â
Such other information as required by the City.
D.Â
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, upon receiving the City Director's written approval
of application, 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 one hundred dollars ($100.00) for each
solid waste processing or disposal facility to be operated and a fee
of twenty-five dollars ($25.00) for each transportation vehicle to
be used. If, in the opinion of the City 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 City Director shall notify the applicant in writing setting
forth the modification to be made and time in which it shall be done.
E.Â
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 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.Â
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 reapply 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.Â
In
order to ensure compliance with the laws of this State, this Chapter
and the rules and regulations authorized herein, the City Director
is authorized to inspect all phases of solid waste management within
the City of Billings. 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.Â
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.Â
Any
person who feels aggrieved by any notice of violation or order issued
pursuant thereto of the City Director may within thirty (30) days
of the act for which redress is sought appeal directly to the Circuit
Court of Christian County, in writing, setting forth in a concise
statement the act being appealed and the grounds for its reversal.
J.Â
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 six (6) inches high. Each permit for processing or disposal
facilities shall be prominently displayed at the facility.
A.Â
The
Board may make, amend, revoke and enforce reasonable and necessary
rules and regulations governing, but not limited to:
1.Â
Preparation, drainage and wrapping of garbage deposited in solid
waste containers.
2.Â
Specifications for solid waste containers including the type, composition,
equipment, size and shape thereof.
3.Â
Identification of solid waste containers, and of the covers thereof,
and of equipment thereto appertaining, if any.
4.Â
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.Â
Storage of solid waste in solid waste containers.
6.Â
Sanitation, maintenance and replacement of solid waste containers.
7.Â
Schedules of and routes for collection and transportation of solid
waste.
8.Â
Collection points of solid waste containers.
9.Â
Collection, transportation, processing and disposal of solid waste.
10.Â
Processing facilities and fees for the use thereof.
11.Â
Disposal facilities and fees for the use thereof.
12.Â
Records of quantity and type of wastes received at processing and/or
disposal facilities.
13.Â
Handling of special wastes such as toxic wastes, sludge, ashes, agriculture,
construction, bulky items, tires, automobiles, oils, greases, etc.
B.Â
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.Â
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.
[CC 1975 §14-7(c)]
A.Â
It
shall be unlawful for any person to:
1.Â
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.Â
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.
3.Â
Dispose of solid waste at any facility or location which is not approved
by the City and the Missouri Division of Health.
4.Â
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.
5.Â
Burn solid waste unless an approved incinerator is provided or unless
a variance has been obtained from the appropriate air pollution control
agency.
[CC 1975 §14-10]
A.Â
The
Board may require performance or payment bonds of any solid waste
collection agency prior to issuing permits to so operate.
B.Â
The
holder of a permit to collect solid waste and/or to operate processing
or disposal facilities shall furnish a performance bond in the sum
of five hundred dollars ($500.00) with a good and sufficient surety
acceptable to the City. The Board of Aldermen may from time to time
require such additional bonds as, in their discretion, they determine
necessary to insure compliance with the terms of these ordinances
and the laws of the State of Missouri and to protect the interests
of the City and its residents.
[CC 1975 §14-8]
A.Â
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 unit to which such service shall be provided
under the provisions of this Chapter. The monthly service charge for
collection of residential solid waste shall be in an amount to be
set from time to time by the Board of Aldermen. The service charge
for each commercial establishment will be determined by the Director
on the basis of quantity and characteristics of material, point of
pickup, and time required to collect the solid waste if service is
performed by the City.
The service and service charge shall be terminated upon presentation
of satisfactory proof to the Director that any such dwelling unit
or establishment is unoccupied and shall be commenced upon renewed
occupancy thereof.
B.Â
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.Â
The
service charge herein provided for is hereby imposed upon the occupant
of each occupied dwelling unit and the billing therefor shall be made
to the person contracting for City utilities of any kind to each such
dwelling unit. In the event a dwelling unit 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 unit, then billing therefor
shall be made to the owner. Service charges shall be payable to the
City of Billings, Missouri.
D.Â
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.Â
The
City shall provide any contractor hereunder with a monthly statement
showing the number of dwelling units, together with all additions
and deletions.
F.Â
Upon
the failure of any customer to pay the monthly charge for the collection
of solid waste by the City, the City shall be authorized to terminate
electrical and water services to such customer.