City of Malden, MO
Dunklin County
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Table of Contents
Table of Contents
[R.O. 1993 § 260.010; CC 1969 § 11-11; Ord. No. 2364 § 1, 4-18-1986]
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
APPROVED INCINERATOR
An incinerator which complies with all current regulations of the responsible local and State air pollution control agencies.
BULKY RUBBISH
Non-putrescible solid waste 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 treatment vehicles by solid waste collectors, with the equipment available therefor.
CLEAN FILL
Uncontaminated soil, rock, sand, gravel, concrete, asphaltic concrete, cinder blocks, brick, minimal amounts of wood and metal, and inert solids as approved by rule or policy of the Department for fill, reclamation or other beneficial use.
[Ord. No. 3180, 8-20-2018]
COLLECTION
Removal of solid waste from its place of storage to the transportation vehicle.
DEMOLITION AND CONSTRUCTION WASTE
Waste materials from the construction or destruction of residential, industrial or commercial structures.
DIRECTOR
The Mayor.
DISPOSABLE SOLID WASTE CONTAINER
A disposable plastic or paper sack with a capacity of twenty (20) to thirty-five (35) 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.
GARBAGE
Putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving or consumption of food.
HAZARDOUS WASTE
Any waste or combination of wastes which, as determined by the Department of Natural Resources, pursuant to rules and regulations adopted by the Hazardous Waste Management Commission, 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.
OCCUPANT
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.
PERSON
Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision or organization of any kind, or their legal representative, agent or assigns.
PROCESSING
Incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.
REFUSE
See "solid waste."
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
1. 
Solid waste resulting from the operation of any commercial, industrial, institutional or agricultural establishment, and multiple housing facilities with more than two (2) dwelling units.
2. 
Solid waste resulting from the maintenance and operation of dwelling units, excluding multiple housing facilities with more than two (2) dwelling units.
SOLID WASTE CONTAINER
A receptacle used by any person to store solid waste during the interval between solid waste collections.
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 SYSTEM
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.
STORAGE
Keeping, maintaining or storing solid waste from the time of its production until the time of its collection.
TRANSPORTATION
The transporting of solid waste from the place of collection or processing to a solid waste processing facility or solid waste disposal area.
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. 1993 § 260.020; CC 1969 § 11-12; Ord. No. 2364 § 2, 4-28-1986]
A. 
The occupant of every dwelling unit and of every institutional, commercial or business, industrial or agricultural establishment producing solid waste within the corporate limits 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, and shall maintain such solid waste containers at all times in good repair.
B. 
The occupancy 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.
C. 
Residential solid waste shall be stored in containers of no 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 lightweight 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 or containers as approved by the Director may also be used for storage of residential solid waste. [See Subsection (C) of Section 230.030.]
D. 
Commercial solid waste shall be stored in solid waste containers as approved by the Director. The containers shall be waterproof, leakproof and covered at all times, except when depositing waste therein or removing the contents thereof, and shall meet all requirements as set forth by Section 230.030.
E. 
Tree limbs less than four (4) inches in diameter and brush, when being deposited for collection, 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. 
When being deposited for collection, 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 and disposed of, together with their contents.
[R.O. 1993 § 260.030; CC 1969 § 11-13; Ord. No. 2364 § 3, 4-28-1986]
A. 
Private providers will operate under the permit provisions of Section 230.060 and duly collect and dispose of residential, commercial, industrial, institutional and other wastes.
B. 
All solid waste from premises to which collection service are provided by the City shall be collected, except bulky rubbish and yard wastes. Bulky rubbish will be collected in accordance with the rules and regulations as promulgated by the Director. Yard wastes may be deposited for collection or may be disposed of as provided in Subsection (D) of this Section.
C. 
All solid waste from residential premises shall be placed at the curb or alley for collection. Any disposable solid waste containers shall not be so placed until the regularly scheduled collection day.
D. 
Bulky Rubbish.
1. 
Bulky rubbish shall be collected at least once annually. The Director shall establish the procedure for collecting bulky rubbish.
2. 
Tree Limbs And Yard Wastes. At the occupant's option, tree limbs and yard wastes shall be disposed of in one of the following manners:
a. 
Deposited for collection in accordance with Section 230.020(E).
b. 
Disposed of at a site approved by the Director.
c. 
In residential zones only, tree limbs and yard wastes may be burned during daylight hours only, in a container approved by the Director.
E. 
Solid waste collectors permitted by the City may gain access to properties upon request by the owner and agreement by the collector.
F. 
The following collection frequencies should apply in collections of solid waste within the City:
1. 
All residential solid waste, other than bulky rubbish, shall be collected at least once weekly. At least ninety-six (96) hours shall intervene between collections.
2. 
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 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 and fully accessible to collection equipment, public health personnel and fire inspection personnel.
H. 
Solid waste collectors permitted by the City shall be responsible for the collection of solid waste from the designated pickup location to the transportation vehicle; provided that the solid waste was stored in compliance with the provisions set forth in 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.
[R.O. 1993 § 260.040; CC 1969 § 11-14; Ord. No. 2364 § 4, 4-28-1986]
A. 
All transportation vehicles shall be maintained in a safe, clean and sanitary condition and shall be so construed, maintained and operated as to prevent spillage of solid waste therefrom. All vehicles to be used for transportation of solid waste shall be construed with watertight bodies and with covers, which shall be an integral part of the vehicle or separate covers of suitable material with fasteners designed to secure all sides of the cover to the vehicle, and which shall be secured whenever the vehicle is transporting solid waste; as an alternate, 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 construed and maintained that none of the material being transported shall spill upon the public rights of way.
C. 
Demolition and construction wastes shall be transported to a disposal area as provided in Subsection (A) of Section 230.050. A permit shall not be required for the hauling of demolition and construction waste; 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. 1993 § 260.050; CC 1969 § 11-15; Ord. No. 2364 § 5, 4-28-1986]
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.
B. 
Hazardous wastes under provisions will require special handling and shall be disposed of only in a manner authorized by State regulations.
C. 
Notwithstanding Subsection (A) of this Section, certain wastes may be disposed of as provided by this Subsection:
[Ord. No. 3180, 8-20-2018]
1. 
A person engaged in any activity which produces clean fill may use such material for fill, reclamation or other beneficial purposes on his or her own property or on the property of another person with the permission of the owner of such property, provided that such use does not violate any State law and complies with the following regulations:
a. 
Any person desirous of making use of clean fill under this Section shall make application to the Code Enforcement Officer. The cost of such application shall be fifty dollars ($50.00) and the application shall contain the following:
(1) 
A description of the material to be used for fill, reclamation, or beneficial purpose;
(2) 
The location and owner of the property at which the material will be used;
(3) 
The use of the material at that location;
(4) 
The anticipated date such use will commence;
(5) 
The anticipated date on which the final material will be deposited, not to exceed forty-five (45) days from commencement; and
(6) 
The signed consent of the owner of such property, if different from the applicant.
b. 
Upon receipt of the application and fee, the Code Enforcement Officer shall inspect the premises listed in the application to ensure suitability for the use listed in the application.
c. 
Upon a determination the location is suitable for the purpose listed in the application, the Code Enforcement Officer shall issue a permit for such use. The permit shall be valid from not more than three (3) days prior to the anticipated commencement date until not more than ten (10) days after the final date listed in the application.
d. 
Within ten (10) days of the final deposit of material, the holder of a permit shall ensure the location complies with all health, safety and nuisance provisions of this Code.
e. 
The Code Enforcement shall periodically inspect the location during the time period listed upon the permit to ensure the material being deposited or otherwise used meets the definition of clean fill under this Chapter.
f. 
Following the expiration of the time period listed in Subsection (C)(1)(d) above, the Code Enforcement Officer shall inspect the location to ensure compliance with the provisions of this Code.
2. 
A person engaged in any activity which produces wood waste may reuse or recycle such waste or may dispose of wood waste on the site where generated if such disposal is in compliance with applicable State law or this Code;
3. 
A person who engages in clearance, trimming or removal of trees, brush or other vegetation may use wood wastes from such activities for beneficial purposes, including, but not limited to, firewood, ground cover, erosion control, mulch, compost or cover for wildlife.
[R.O. 1993 § 260.060; CC 1969 § 11-16; Ord. No. 2364 § 6, 4-28-1986]
A. 
No person shall engage in the business of collecting, transporting, processing or disposing of solid waste within the corporate limits without first obtaining a permit therefor from the City; provided, 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 worker's compensation insurance (statutory limits) and public liability insurance policy, covering all operations of such applicant pertaining to such business and all vehicles to be operated in conduct thereof, in an amount of not less than one hundred thousand dollars ($100,000.00) for each person injured or killed, 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 fifty thousand dollars ($50,000.00) for damage to property. Such policy shall be written to allow none of the 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 application therefor:
1. 
The nature of the permit desired, as to collection, transportation, processing or disposal of solid waste or any combination thereof;
2. 
The characteristics of the solid waste to be collected, transported, processed or disposed;
3. 
The number of solid waste transportation vehicles to be operated thereunder;
4. 
The precise 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 State law and this Chapter, the Director may issue the permit authorized by this Chapter. The City shall have the authority to limit the number of permits issued under this Section in order to preserve the health, comfort, safety and welfare of the residents, to promote energy conservation and to provide for collection and disposal consistent with good solid waste management practices. Each applicant to whom a permit is issued shall pay therefor a fee of five hundred dollars ($500.00) for each solid waste processing or disposal facility to be operated and fifty dollars ($50.00) for each transportation vehicle to be used.
If 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) of this Section 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 application; provided that all aspects of the reapplication comply with the provisions of this Chapter. Nothing in this Section shall prevent the denial of a permit should the total number of annual permits have already been issued.
F. 
The permit may be renewed upon payment of the fees as designated herein, if the business has not been modified, the collection vehicles meet the requirements of Section 230.040 and the renewal is approved by the Director. If modifications have been made, the applicant shall reapply for a permit as set forth in Subsections (B) and (C) of this Section. No permits authorized by this Chapter shall be transferable from person to person.
G. 
In order to ensure compliance with State law, 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 violations of this Chapter, the rules and regulations authorized herein for the storage, collection, transportation, processing or disposal of solid waste or State law, the Director shall issue notice for each such violation, stating therein the violation found, the time and date and the corrective measures to be taken, together with the time in which such corrections shall be made.
H. 
In case any violation order is not promptly complied with, the Director may request the City's legal representative to institute an appropriate action or proceeding at law to exact the penalty provided in Section 100.220. Also, the Director may ask the legal representative to proceed at law or in equity against the person responsible for the violation for the purpose of ordering that person to restrain, correct or remove the violation or refrain from any further act in violation of this Chapter or any rule or regulation promulgated thereunder.
I. 
In cases of violation of this Chapter where a permit holder is involved in the violation, the Director shall determine whether or not the violation is endangering the public health or welfare. Should he determine that the public health or welfare is endangered, the Director may ask the City Council to revoke such permit. In the event a permit is revoked and the person continues to operate, the Director may request the action of a court of law to enjoin the acts and to enforce compliance with this Chapter or any rule or regulation promulgated thereunder. In any such action, the court may grant to the City such prohibitory or mandatory injunctive relief as the facts may warrant.
J. 
Any person who feels aggrieved by any notice of violation or order issued pursuant thereto by the Director may, within fifteen (15) days of the act for which redress is sought, appeal directly to the City Council, in writing, setting forth in a concise statement the act being appealed and the grounds for its reversal.
K. 
All motor vehicles operating under any permit required by this Chapter shall display 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.
[R.O. 1993 § 260.070; CC 1969 § 11-17; Ord. No. 2364 § 7, 4-28-1986]
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, the covers thereof or 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. 
Handling of special wastes such as sludges, ashes, agriculture, construction, bulky items, tires, automobiles, oils, greases, etc.
B. 
A copy of all rules and regulations made and promulgated under the provisions hereof shall be filed in the office of the City Clerk.
[R.O. 1993 § 260.080; CC 1969 § 11-18; Ord. No. 2364 § 8, 4-28-1986]
A. 
It shall be unlawful for any person to:
1. 
Deposit solid waste in any solid waste container other than his own, without the written consent of the owner of such container and/or 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 Chapter;
3. 
Interfere in any manner with solid waste collection and transportation equipment, or with solid waste collectors in the lawful performance of their duties;
4. 
Dispose of solid waste at any facility or location which is not approved by the City and the State Department of Natural Resources or otherwise in compliance with this Chapter;
[Ord. No. 3180, 8-20-2018]
5. 
Engage in the business of collecting, transporting, processing or disposing of solid waste within the corporate limits without a permit from the City, operate under an expired permit or operate after a permit has been suspended or revoked; or
6. 
Violate any Section of this Chapter or any other rule or regulation promulgated under the authority of Section 230.070.
[R.O. 1993 § 260.090; CC 1969 § 11-19; Ord. No. 2364 § 10, 4-28-1986]
All holders of permits to collect, transport, process or dispose of solid waste within the City shall be required to provide to the City performance and payment bonds in the amount of ten thousand dollars ($10,000.00).
[R.O. 1993 § 260.100; Ord. No. 2471 § 11-21, 11-27-1989; Ord. No. 2483 § 11-21, 8-29-1990]
The City of Malden shall undertake regulation of solid waste refuse, so as to comply with the law in regard to eliminating pollution, as much as possible, and to create a more wholesome and healthful environment condition.
[R.O. 1993 § 260.110; Ord. No. 2651, 3-9-1998; Ord. No. 2887, 3-10-2007; Ord. No. 2885, 2-11-2008; Ord. No. 3076, 9-2013; Ord. No. 3079, 10-21-2013; Ord. No. 3187, 11-19-2018; Ord. No. 3196, 4-15-2019]
A. 
In addition to the rates established herein, the Board of Public Works shall collect a service charge of one dollar ($1.00) per month per residential customer of the Malden Board of Public Works to provide for the necessary construction, maintenance and operation of a solid waste transfer station for the residents of the City of Malden.
B. 
The residential customers of the Malden Board of Public Works monthly rates are set as follows:
1. 
May 1, 2019, through November 30, 2019: $14.38 per month.
2. 
December 1, 2019, through November 30, 2020: $14.75 per month.
3. 
December 1, 2020, through November 30, 2021: $15.13 per month.
4. 
December 1, 2021, through November 30, 2022: $15.53 per month.
5. 
December 1, 2022, through November 30, 2023: $15.94 per month.
[R.O. 1993 § 260.120; Ord. No. 2471 § 11-23; 11-27-1989; Ord. No. 2483 § 11-23, 8-29-1990]
Any part of the operations of solid waste refuse may be done by a contract with the City and any private enterprise offering the type of service required. This includes, but is not limited to, maintenance of vehicles and equipment, operation of an incinerator, collection of refuse along routes, or any other component of the trash and garbage collection and disposal service of the City. No such contract shall be entered into without the approval of the City Council, in a manner consistent with State law and in compliance with the regulations of the Missouri Department of Natural Resources.
[R.O. 1993 § 260.130]
The charges made for rendering this service shall be billed to customers using this service and the same shall be added to the electricity, water and/or sewer bills and shall be paid along with such charges.
[Ord. No. 3117, 2-22-2016; Ord. No. 3168, 12-18-2017]
A. 
It shall be unlawful for any person to place a residential solid waste container (garbage can) at the curb more than twenty-four (24) hours prior to scheduled pickup time, or to leave said solid waste container (garbage can) at the curb for more than twenty-four (24) hours after pickup.
B. 
Any person, owner, or agent found to be in violation of Subsection (A) of this Section shall be deemed guilty of an ordinance violation and upon conviction thereof shall be fined in a sum not less than fifty dollars ($50.00) and no more than two hundred dollars ($200.00).