[R.O. 2012 § 230.010; CC 1981 § 250.010; Ord. No. 783 § 1, 6-13-1978]
For the purposes of this Chapter, the following terms shall
be deemed to have the meanings indicated below:
An incinerator which complies with all current regulations
of the responsible local 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 therefor.
The City of Portageville, Missouri.
Removal of solid waste from its place of storage to the transportation
vehicle.
Waste materials from the construction and demolition of residential,
industrial, or commercial structures, but shall not include materials
defined as clean fill under Section 260.200, RSMo.
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-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.
Putrescible animal or vegetable wastes resulting from the
handling, preparation, cooking, serving or consumption of food.
Including, but not limited to, pathological wastes, explosive
wastes, pesticides, pesticide containers, toxic or radioactive materials.
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, limited-liability company, corporation,
association, trust, institution, City, County, other political subdivision,
authority, State agency or institution, or Federal agency or institution,
or any other legal entity.
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
Solid waste.
Garbage, refuse and other discarded materials, including,
but not limited to, solid and semisolid 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.
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 process of managing solid waste in a manner which
minimizes the generation and subsequent disposal of solid waste, including
waste reduction, source separation, collection, storage, transportation,
recycling, resource recovery, volume minimization, processing, market
development, and disposal of solid wastes.
Keeping, maintaining or storing solid waste from the time
of its production until the time of its collection.
The transporting of solid waste from the place of collection
or processing to a solid waste processing facility or solid waste
disposal area.
Leaves, grass clippings, yard and garden vegetation and Christmas
trees. The term does not include stumps, roots or shrubs with intact
root balls.
[R.O. 2012 § 230.020; CC 1981 § 250.020; Ord. No. 783 § 6, 6-13-1978]
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 one hundred thousand dollars ($100,000.00)
for damage to property. Such policy may be written to allow the first
one hundred dollars ($100.00) of liability for damage to property
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
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
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 wastes 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 therefor a fee of two
thousand five hundred dollars ($2,500.00) for each solid waste processing
or disposal facility to be operated and a fee of five hundred dollars
($500.00) 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) above 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 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 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 this Section 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
Portageville. 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.
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 four (4) inches high. Each permit for processing or disposal
facilities shall be prominently displayed at the facility.
[1]
Editor's Note: Ord. No. 1146 § I, adopted April
18, 2005, repealed section 230.030 "storage" in its entirety. Former
section 230.030 derived from CC 1981 § 250.030; Ord. No.
783 § 2, 6-13-1978; Ord. No. 1097 § I, 3-4-2002.
At the editor's discretion, this section has been reserved for
the City's future use.
[R.O. 2012 § 230.040; CC 1981 § 250.040; Ord. No. 783 § 3, 6-13-1978]
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 wastes shall be placed at the curb for collection.[1] 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 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 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 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 Subsections (C), (D), (E) and (F) of Section 230.030. 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.
[R.O. 2012 § 230.045; Ord. No.
964 § 4, 11-1-1993]
It shall be unlawful for any person to leave garbage, trash
or refuse unattended awaiting pickup prior to 5:00 P.M. on the evening
before the scheduled pickup. Violation of this Section can result
in a fine of no more than five hundred dollars ($500.00).
[R.O. 2012 § 230.050; CC 1981 § 250.050; Ord. No. 783 § 4, 6-13-1978]
A.
All transportation vehicles shall be maintained in a safe, clean
and sanitary condition and shall be so constructed, maintained and
operated as to prevent spillage of solid waste therefrom. All vehicles
to be used for transportation of solid waste shall be constructed
with watertight bodies and with covers which shall be an integral
part of the vehicle or shall be a separate cover of suitable material
with fasteners designed to secure all sides of the cover to the vehicle
and shall be secured whenever the vehicle is transporting solid waste
or, as an alternative, the entire bodies thereof shall be enclosed,
with only loading hoppers exposed. No solid waste shall be transported
in the 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.
[R.O. 2012 § 230.060; CC 1981 § 250.060; Ord. No. 783 § 5, 6-13-1978]
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 of 1972, Sections 260.200 to 260.245,
RSMo., Supplement and the rules and regulations adopted thereunder.
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.
[R.O. 2012 § 230.070; CC 1981 § 250.070; Ord. No. 783 § 7, 6-13-1978]
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 type,
composition, equipment, size and shape thereof.
3.
Identification of solid waste containers and of the covers thereof
and of equipment thereto appertaining, if any.
4.
Weight limitations on the combined weight of solid waste containers
and the contents thereof and weight and size limitations on bundles
of solid waste too large for solid waste containers.
5.
Storage of solid waste in solid waste containers.
6.
Sanitation, maintenance and replacement of solid waste containers.
7.
Schedules of and routes for collection and transportation of
solid waste.
8.
Collection points of solid waste containers.
9.
Collection, transportation, processing and disposal of solid
waste.
10.
Processing facilities and fees for the use thereof.
11.
Disposal facilities and fees for the use thereof.
12.
Records of quantity and type of wastes received at processing
and/or disposal facilities.
13.
Handling of special wastes such as toxic wastes, sludges, 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.
[R.O. 2012 § 230.080; CC 1981 § 250.080; Ord. No. 783 § 8, 6-13-1978]
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 Department of Natural Resources;
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.
[R.O. 2012 § 230.090; CC 1981 § 250.090; Ord. No. 783 § 9, 6-13-1978; Ord. No. 1097 § II, 3-4-2002; Ord. No. 1112 § I, 5-5-2003; Ord. No. 1145 § I, 4-18-2005]
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 monthly service charge for each dwelling unit and commercial establishment
in the City of Portageville, Missouri. The service charge for collection
of residential and commercial solid waste shall be in an amount as
set forth herein or as determined by the Board of Aldermen on an annual
basis, which said amount shall be set by resolution and shall be done
upon a vote of the City Board of Aldermen. The service charge for
each residential service shall be a certain sum per month and the
service charge for commercial establishments shall be a certain sum
per month as decided by the Board of Aldermen as outlined herein.
B.
The service and service charge may be terminated upon presentation
of satisfactory proof to the Director that any such dwelling unit
or establishment is unoccupied but 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 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
the cost of such action.
D.
The service charge herein provided for is hereby imposed upon the
occupant of each occupied dwelling unit and billing therefor shall
be made to the person contracting for City water service. In the event
a dwelling unit is not serviced by City water or in the absence of
information that such a person is neither the owner nor the tenant
of such a dwelling unit, then the 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.
E.
The City of Portageville will collect the service charge for solid
waste monthly via the water bills mailed for water and sewerage service.
F.
The monthly service charge for solid waste services may be waived
by the Director and Board of Aldermen upon the presentation of a written
request. The request for waiver of solid waste services must specifically
state the justification and reasons for said waiver.
G.
Charges. The solid waste disposal rates shall be as follows:
1.
The residential solid waste rates are hereby set at sixteen
dollars and fifty cents ($16.50) per month.
2.
Senior citizens rate shall be eight dollars and eighty cents
($8.80) per month.
3.
Small businesses rate shall be sixteen dollars and fifty cents
($16.50) per month.
4.
Trash carts shall be nineteen dollars and eighty cents ($19.80)
per month.
5.
The following rates shall apply to dumpsters:
a.
Two (2) yard dumpsters, one (1) pickup per week: sixty-six dollars
($66.00) per month.
b.
Two (2) yard dumpsters, two (2) pickups per week: one hundred
thirty-two dollars ($132.00) per month.
c.
Two (2) yard dumpsters, three (3) pickups per week: one hundred
ninety-eight dollars ($198.00) per month.
d.
Four (4) yard dumpsters, one (1) pickup per week: one hundred
thirty-two dollars ($132.00) per month.
e.
Four (4) yard dumpsters, two (2) pickups per week: two hundred
sixty-four dollars ($264.00) per month.
f.
Four (4) yard dumpsters, three (3) pickups per week: three hundred
ninety-six dollars ($396.00) per month.
g.
Six (6) yard dumpsters, one (1) pickup per week: one hundred
ninety-two dollars and fifty cents ($192.50) per month.
h.
Six (6) yard dumpsters, two (2) pickups per week: three hundred
eighty-five dollars ($385.00) per month.
i.
Six (6) yard dumpsters, three (3) pickups per week: five hundred
seventy-seven dollars and fifty cents ($577.50) per month.
6.
The following additional service charges shall be applied to
extra dumps beyond the above-specified rates for cause or request
for extra dumps:
a.
Two (2) yard dumpster: twenty dollars ($20.00) per extra dump.
b.
Four (4) yard dumpster: forty dollars ($40.00) per extra dump.
c.
Six (6) yard dumpster: sixty dollars ($60.00) per extra dump.
d.
One (1) free request or cause for an additional dump of solid
waste disposal contained in solid waste dumpsters over and beyond
that normal and customary dump thereof shall be given to citizens
with solid waste dumpster pickup service in the City of Portageville.
Thereafter, the fee for additional dumps will be twenty dollars ($20.00)
for each request.
7.
Bulky Rubbish. The service fee for the collection and disposal of
bulky rubbish shall be a rate determined by the Board of Aldermen.
[Ord. No. 1301, 7-6-2020]
[R.O. 2012 § 230.100; CC 1981 § 250.100; Ord. No. 783 § 10, 6-13-1978]
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 as set out in Section 100.220 of this Code.
[R.O. 2012 § 230.110; Ord. No.
971 §§ 1 — 3, 7-5-1994]
A.
Citizens and businesses of the City of Portageville, Missouri, are
provided services of solid waste removal by the City of Portageville,
Missouri.
B.
From the date of the passage of this Section forward, it shall henceforth
be an ordinance violation for any person or business to place solid
waste, refuse, trash or any other type of waste material into the
trash receptacle or dumpster of another without permission to do said
act.
C.
Upon conviction of said offense, maximum punishment is set at five
hundred dollars ($500.00) fine per occurrence and up to ninety (90)
days in jail per occurrence, and/or both.
[R.O. 2012 § 230.120; Ord. No.
988 §§ 2 — 3, 10-2-1995]
A.
It shall be unlawful for an individual, business, corporation or
other entity to place the following items out for pickup by the City
of Portageville sanitation truck:
1.
Bulk liquids.
2.
Dead animals.
3.
Dye concentrates.
4.
Explosives.
5.
Flammable wastes.
6.
Pesticides.
7.
Hazardous materials.
8.
Industrial process sludges.
9.
Painter or paint thinner.
10.
Pesticide containers.
11.
Ink.
12.
Infectious wastes.
13.
Semisolids.
14.
Outdated, excess unused pharmaceuticals.
15.
Raw sewage sludges.
16.
Raw animal manure.
17.
Oily rags.
18.
Sludges containing free moisture.
19.
Volatile materials.
20.
Waste chemicals.
21.
Septic tank dumpings.
22.
Special wastes.
23.
Large pieces or large amounts of concrete.
24.
Asbestos.
25.
Contaminated soil.
26.
Large amounts of uncontaminated soil.
27.
Sealed drums or large containers.
28.
Leaves.
29.
Tree limbs.
30.
Tires or inner tubes, unless cut into quarters.
31.
Batteries.
32.
Waste oil or oil filters (filters must be drained thoroughly).
33.
Paint cans or paint thinner cans, unless drained completely.
34.
Herbicide container, unless triple rinsed.
35.
Herbicides.
36.
Grass clippings.
37.
Appliances.
B.
Any person or entity in violation of this Section is deemed guilty
of an ordinance violation and subject to a maximum fine of five hundred
dollars ($500.00) and maximum imprisonment of ninety (90) days.
