[Ord. No. 15-12.35, 12-15-2015]
The following words and terms, when used in this Chapter, shall
be defined as follows:
An incinerator which complies with all current regulations
of the responsible local, State and Federal air pollution control
agencies.
Non-putrescent 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. Waste may include furniture, appliances, building
materials, carpet, remodeling debris, and similar disposable items.
It does not include tires, yard waste, concrete, or other similar
materials.
The City of Marceline, Missouri.
Removal of solid waste from the designated pickup location
to the transportation vehicle.
Any and all stores, shops, businesses or buildings used exclusively
for retail trade or wholesale trade, sale, display, offices, warehouses,
religious gatherings, rendering of personal, professional or business
service, light manufacturing, assembly or fabrication and any sale
of goods, property, wares or services and any other unit not specifically
described and included in the definition of residential below.
Leaves, grass, yard trimmings, tree limbs of less than four-inch
diameter, and other organic yard materials.
The solid waste hauler selected by the City to collect solid
waste and bulky waste for disposal, and recyclables for recycling.
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 shall be the City Manager.
A container supplied by the contractor. Such container shall
be a ninety-gallon poly-cart for solid waste disposal and a minimum
thirty-gallon poly-cart for recycling materials if recycling services
are provided.
A refuse depository for the processing or final disposal
of refuse, including, but not limited to, sanitary landfills, transfer
stations, incinerators, and waste processing separation centers licensed,
permitted or approved by all governmental bodies and agencies having
jurisdiction.
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.
Putrescent animal or vegetable waste resulting from the handling,
preparation, cooling, serving or consumption of food and including
food containers.
Any waste or combination of wastes, as determined by the
Missouri Hazardous Waste Management Commission and Code of Federal
Regulations (CFR) 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 [Chapter 260 of the Missouri Revised Statutes,
of the Missouri Hazardous Waste Management Law], 40 CFR 261 and 10
CSR 25-4.261(2)(D). Such wastes include but are 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 and 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, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, political
subdivision, or organization of any kind, or their legal representative,
agent or assigns.
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
Waste materials that can be reused, including, but not limited
to, aluminum and steel cans, newsprint, cardboard, glass and plastic
bottles.
Solid waste.
Any home, house, living or dwelling unit designed to be occupied
by one (1) or more families living independently or attached at the
side or sides, including auto or trailer courts, mobile home parks,
and any other living unit, including multiple-family housing units
with less than four (4) dwelling units, such as apartment complexes
or buildings; however, exclusive of campgrounds, hotels, motels, or
other transient overnight business accommodation units.
Unwanted or discarded material, including waste material
whether solid or in semisolid state, including, but not limited to,
garbage, ashes, street refuse, rubbish, mechanical tools, utensils
or other metals, or any part of such item described above, of every
kind, shape, material or description and/or any other kind of special
wastes, industrial wastes or demolition wastes, construction wastes,
or other building salvage materials.
COMMERCIAL SOLID WASTESolid waste resulting from the operation of any commercial, industrial, institutional or agricultural establishment.
RESIDENTIAL SOLID WASTESolid waste resulting from the maintenance and operation of dwelling units, to include but not limited to garbage, trash, paper, empty food containers and drink containers, cans, pottery, glass and crockery and other rubbish of types normally generated within a dwelling or residential united, but shall not include yard waste, hazardous material, demolition and construction waste.
Receptacle supplied by the contractor and 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.
Organic, biodegradable waste matter from yard and garden
maintenance such as leaves, grass clippings, hedge trimmings, branches,
Christmas trees, and other yard and garden vegetation.
[Ord. No. 15-12.35, 12-15-2015]
A.Â
The occupant or owner of every dwelling unit and of every institutional,
commercial, industrial, agricultural or business establishment shall
place all residential and commercial solid waste to be collected in
proper solid waste containers provided by the contractor, except as
otherwise provided herein, and shall maintain such solid waste containers
and the area surrounding them in a clean, neat and sanitary condition
at all times.
B.Â
Residential solid waste containers shall be stored upon the residential
premises. The storage site shall be well drained; fully accessible
to collection equipment, public health personnel and fire inspection
personnel. Other placement may be acceptable with approval of the
City Manager.
C.Â
Supplemental residential solid waste containers maybe utilized in
addition to the solid waste containers provided by the contractor.
Supplemental containers shall not exceed ninety (90) gallons and shall
be leakproof, waterproof and 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 intended 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 with suitable frames
or containers as approved by the City Manager may also be used for
storage of residential solid waste.
D.Â
Commercial solid waste shall be stored in solid waste containers
provided by the solid waste collection agency operating under contract
with the City. The containers shall be waterproof, leakproof and shall
be covered at all times except when depositing waste therein or removing
the contents thereof. 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.
E.Â
Non-approved solid waste containers will be collected together with
their contents and disposed of.
[Ord. No. 16-09.39, 10-18-2016; Ord. No. 18-09.42, 9-25-2018]
F.Â
Yard waste shall be stored on site and maintained in a manner as
to prevent the dispersal of said waste upon the premises served, upon
adjacent premises, or upon adjacent public rights-of-way, until said
waste is disposed of in compliance with the provisions set forth in
this Chapter.
[Ord. No. 16-09.39, 10-18-2016; Ord. No. 18-09.42, 9-25-2018]
G.Â
Demolition and construction waste may be stored on site during the
duration of a demolition and/or construction project. Upon completion
of the project, said waste must be removed from the site at no expense
to the City for delivery to a disposal site approved by the State
or an agency of the State.
[Ord. No. 15-12.35, 12-15-2015]
A.Â
The City shall, at its discretion, contract with a contractor to
provide solid waste collection, removal and disposal of all residential
and commercial solid waste as defined in this Chapter.
B.Â
All solid waste from premises to which collection services are provided
by the contractor shall be collected. All solid waste collected shall,
upon being loaded into transportation equipment, become the property
of the contractor.
C.Â
Solid waste containers as required by this Chapter for the storage
of other residential solid waste shall be placed at the curb or alley
for collection. Any solid waste containers, including supplemental
containers permitted by this Chapter, will be placed at the curb or
alley for collection and shall be placed no earlier than 6:00 P.M.
preceding the collection day. Container(s) must be removed from curb
by 11:59 P.M. on day of collection and placed in the most inconspicuous
location as possible, which may include side of residence, garage
or porch.
[Ord. No. 16-09.39, 10-18-2016; Ord. No. 18-09.42, 9-25-2018]
D.Â
The contractor is 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 approved by the
City Manager.
E.Â
Solid waste contractor, 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 Section 230.020 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.
F.Â
The following collection frequencies shall apply to collections of
solid waste within the City: All residential solid waste shall be
collected at least once weekly or at a frequency determined by contract.
All commercial solid waste shall be collected once weekly and shall
be collected at such lesser intervals as may by fixed by the Director
upon a determination that such lesser intervals are necessary for
the preservation of the health and/or safety of the public.
G.Â
Bulky rubbish shall be collected at a frequency determined by contract.
H.Â
The occupant or owner of every dwelling unit and of every institutional, commercial, industrial, agricultural or business establishment shall be responsible for the collection, delivery and/or disposal of yard waste, whether by on-site burning, or delivery to the City-owned disposal location as provided in Section 230.120 of this Chapter. The following exceptions may apply:
1.Â
When the City may determine that the increase in yard waste,
to include tree limbs, stumps and other vegetation on residential
property resulting from a severe weather event may pose a safety risk
and mutual inconvenience to residents beyond the disposal capacity
of the average property owner. City's resources may be utilized to
collect said yard waste for a period specific as announced through
publication of this service. Residential property owners or occupants
shall place tree limbs and yard waste at the curb in front of the
residence in a timely manner for collection, making every effort to
ensure that 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.
2.Â
The City will collect yard waste following maintenance of City
utilities where tree and shrub trimming on residential property was
required to perform said maintenance.
[Ord. No. 15-12.35, 12-15-2015]
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 alternate, the entire bodies thereof shall be enclosed,
with only loading hoppers exposed. No solid waste shall be transported
in the loading hoppers.
B.Â
Permits shall not be required for the removal, hauling or disposal
of earth and rock material 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.Â
Demolition and construction waste shall be transported to a disposal area as provided in Section 230.050(A). 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 to constructed and maintained that none of the material being transported shall spill upon the public rights-of-way.
[Ord. No. 15-12.35, 12-15-2015]
A.Â
Solid waste shall be deposited at a processing facility or disposal
area in compliance 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.Â
Hazardous wastes under such provisions will require special handling
and shall be disposed of only in a manner authorized by State and
Federal regulations.
C.Â
Demolition and construction waste will require special handling and
shall be disposed of only in a manner authorized by State regulations.
On-site burning of demolition and construction waste is strictly prohibited.
[Ord. No. 15-12.35, 12-15-2015]
A.Â
The City Manager shall make, amend, revoke and enforce reasonable
rules and regulations governing, but not limited to, the collection,
transportation, processing and disposal of solid waste as follows:
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
Processing facilities and fees for the use thereof.
10.Â
Disposal facilities and fees for the use thereof.
11.Â
Records of quantity and type of wastes received at processing
and/or disposal facilities.
12.Â
Handling of special waste such as 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 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.Â
The City Council will approve all amendments, renewals or new contracts
with a solid waste provider.
[Ord. No. 15-12.35, 12-15-2015]
A.Â
The City may designate, and require the contractor to provide, curbside
collection for recyclables. Such collection shall be done in compliance
with all other applicable ordinances of the City now or hereafter
in effect. Said collection shall be on terms and conditions set out
in the contract between the City and contractor.
B.Â
The collection of recyclables at curbside by any private hauler not
authorized by the City is expressly prohibited.
C.Â
Neither the foregoing provisions of this Section nor any other provisions
of this Chapter shall prevent any resident from discarding that resident's
recyclables by personally delivering them to an authorized recyclables
disposal area.
[Ord. No. 15-12.35, 12-15-2015]
Recyclables shall not, in any event, be deposited in any landfill,
be burned in any incinerator or be deposited or distributed in any
way or manner which is contrary to then-applicable law, Statute, ordinance,
rule or regulation; provided, however, that the restrictions hereinabove
shall not apply to any recyclables which are deposited in a landfill
or burned pursuant to specific prior written approval granted by the
City. Residents shall take such action as is reasonable under the
circumstances to determine that recyclables are not disposed of contrary
to the provisions of this Section.
[Ord. No. 15-12.35, 12-15-2015]
The occupant or owner of every dwelling unit and of every institutional, commercial, industrial, agricultural or business establishment shall be responsible for the collection, delivery and/or disposal of yard waste produced from or on the premises, whether by on-site burning, or delivery to the City-owned disposal location as provided in Section 230.120 of this Chapter. The following exceptions may apply:
A.Â
When the City may determine that the increase in yard waste, to include
tree limbs, stumps and other vegetation on residential property, resulting
from a severe weather event may pose a safety risk and mutual inconvenience
to residents beyond the disposal capacity of the average property
owner. City's resources may be utilized to collect said yard
waste for a period specific as announced through publication of this service. Residential property
owners or occupants shall place tree limbs and yard waste at the curb
in front of the residents in a timely manner for collection, making
every effort to ensure that 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 place in storage containers. The weight of any individual
bundle shall not exceed seventy-five (75) pounds.
B.Â
The City will collect yard waste following maintenance of City utilities
where tree and shrub trimming on residential property was required
to perform said maintenance.
[Ord. No. 15-12.35, 12-15-2015]
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
Fail to have solid waste collected as provided in this Chapter.
3.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, or those of a solid waste collection agency
operating under contract with the City.
4.Â
Burn solid waste unless an approved incinerator is provided
or unless a variance has been obtained from the appropriate air pollution
control agency.
5.Â
Residents of the City may burn weeds, grass and other plant
life from gardens and areas being used as gardens and further be allowed
to burn leaves, brush and tree clippings originating on the premises
and providing such burning shall not endanger the life or property
of the community; all burning must be in compliance with both the
City's fire prevention code and all applicable State laws and
regulations, including, but not limited to, regulations promulgated
by the State's Department of Natural Resources and the State
Air Conservation Commission.
6.Â
Dispose of solid waste at any facility or location which is
not approved by the City and the Missouri Department of Natural Resources.
7.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.
8.Â
Combine residential solid waste and commercial solid waste into
one (1) solid waste container.
[Ord. No. 15-12.35, 12-15-2015]
There is hereby imposed, for the collection and disposal of
solid waste, in order to protect the general public health and environment,
a service charge which shall be set by the City from time to time
based on the contract or other measures then in force.
[Ord. No. 15-12.35, 12-15-2015]
A.Â
The City owns and manages a brush disposal site for public use located
at adjacent to MO HWY 5, south of the railroad overpass, formerly
utilized as the municipal waste disposal site in compliance with the
Missouri Department of Natural Resources and other rules and regulations
of the State.
B.Â
The operating hours of the brush disposal site shall be determined
by the City Manager and may be changed from time to time. Any changes
to the operating hours shall be announced through publication.
C.Â
Only Certain Waste Products Allowed.
D.Â
The City has a separate area at the brush disposal site marked "For
City Use Only," used as a staging area for other items that are hauled
to a proper recycling facility and is not for public use.
[Ord. No. 15-12.35, 12-15-2015]
Any person violating any of the provisions of this Chapter,
or any lawful rules or regulations promulgated pursuant thereto, shall
be fined in an amount not to exceed the sum of five hundred dollars
($500.00) per occurrence.
