Cross Reference — Tampering with recyclable materials or recycling containers placed at curbside pursuant to recycling program, §210.2200.
[CC 1989 §11-36; Ord. No. 1241 §2(6.01), 12-12-1988; Ord. No. 1461 §1, 1-14-1991; Ord. No. 3415 §1, 3-13-2009]
For the purposes of this Article the following terms shall be
deemed to have the meaning indicated below:
An incinerator which complies with all current regulations
of the responsible local, State, and Federal 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.
Removal of solid waste from the designated pickup location
to the transportation vehicle.
Waste materials from the construction or destruction of residential,
industrial or commercial structures.
The Director of the solid waste management program of the City shall be the Director of Public Works and his/her duties for the purposes of Chapter 235 shall include:
Prepare a schedule designating specific days for pickup of solid
waste and recycling materials;
Review opt-out appeals from residents requesting curb side pickup,
including roads outside subdivisions that are not controlled by indentures
or a board of trustees; and
Review hardship waivers from residents requesting rear yard
pickup in areas designated for curb side pickup.
Disposable plastic bags with a capacity of twenty (20) to
thirty (30) 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.
Any waste or combination of wastes, as determined by the
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.
For purposes of Chapter 235, major roads include the following: Ballas Road, Bopp Road, Clayton Road, Conway Road, Ladue Road, Mason Road, North Outer Forty Road, South Outer Forty Drive, Topping Road and Weidman Road.
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, corporation, association, institution,
City, County, other political subdivision, authority, State agency
or institution, or Federal agency or institution.
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
Newsprint; brown, clear and green glass containers; aluminum
and metal cans; plastic milk jugs and plastic soda bottles; all rinsed
and reasonably free of food, dirt, human waste, animal waste and other
contaminants. Also included is any other material that the City and
collector may hereafter mutually agree to collect as a recyclable.
A container furnished by the residence, City or collector
especially used for storage of recyclable materials.
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 deposition of solid waste by man.
The entire solid waste system of storage, collection, transportation,
processing and disposal.
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.
See definition of "solid waste".
Any person who or which stores, collects, gathers, picks
up, transports, processes and/or disposes of solid waste for profit,
pecuniary gain or other business purpose shall be deemed to be in
the waste collection business.
Leaves, grass clippings, yard and garden vegetation and Christmas
trees. The term does not include stumps, roots or shrubs with intact
root balls.
[CC 1989 §11-37; Ord. No. 1241 §2(6.02), 12-12-1988; Ord. No. 3415 §2, 3-13-2009]
A.
The
occupant or owner 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 storage of all solid waste
and recyclable materials except bulky rubbish and demolition and construction
waste to serve each such dwelling unit and/or establishment and maintain
such solid waste and recycling containers at all times in good repair.
B.
The
occupant or owner of every dwelling unit and of every institutional,
commercial or business establishment shall place all solid waste and
recyclable material to be collected in proper solid waste containers
and recycling containers, except as otherwise provided herein, and
shall maintain such solid waste containers and recycling containers
and the area surrounding them in a clean, neat and sanitary condition
at all times.
C.
Residential
solid waste shall be stored in containers of not more than ninety
(90) 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
light weight 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 Director may also be used for storage of residential solid
waste.
D.
Commercial solid waste shall be stored in solid waste containers as approved by the Director. 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 235.060.
E.
Tree
limbs less than four (4) inches 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.
F.
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 together with their contents and
disposed of.
[1]
Cross Reference — Throwing garbage, trash, etc., on
streets, etc. deemed a nuisance, §215.030(1).
[CC 1989 §11-38; Ord. No. 1241 §2(6.03), 12-12-1988; Ord. No. 1461 §2, 1-14-1991; Ord. No. 1862 §1, 7-10-1995; Ord. No. 2568 §1, 3-27-2001; Ord. No. 3415 §3, 3-13-2009]
A.
The
City shall provide for the collection of all residential solid waste
and recyclable materials as follows:
1.
The City shall regulate collections of all residential solid waste
and recyclable materials in the City; provided however, that the City
shall license a person or persons, a corporation or corporations or
other legal entities, County or other City or a combination thereof,
for the entire City or portions thereof, as deemed in the best interests
of the City.
2.
It shall be the duty of commercial establishments to provide for
collection of all solid waste produced upon any such premises.
B.
All
solid waste and recyclable material from premises to which collection
services are provided within the City shall be collected, except bulky
rubbish as defined herein. Bulky rubbish will be collected in accordance
with the rules and regulations as promulgated by the Director.
C.
Tree limbs and yard wastes, as described in Sections 235.020(E) and (F) respectively, shall be placed at the curb for collection. Solid waste containers as required by this Article for the storage of other residential solid waste shall be placed at the rear of the building for collection unless other service is approved by the Director. Any solid waste containers, tree limbs, yard wastes, or other solid waste permitted by this Article to be so placed at the curb for collection shall not be so placed until the regularly scheduled collection day.
D.
The
Director shall establish the procedure for collecting bulky rubbish.
E.
Solid
waste collection agencies operating under license from the City, are
hereby authorized to enter upon private property for the purpose of
collecting solid waste therefrom as required by this Article. Solid
waste collectors shall not enter dwelling units or other residential
buildings for the purpose of collecting residential solid waste without
prior permission of the owner. Commercial solid waste may be removed
from within commercial establishments upon written request of the
owner.
F.
The
following collection frequencies shall apply to collections of solid
waste and recyclable material within the City:
1.
There shall be at least one (1) residential solid waste and recyclable
material collection per week in accordance with the rules set forth
by St. Louis County.
2.
All commercial solid waste shall be collected at least twice 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 not harmful to the health and/or safety
of the public.
3.
Solid waste shall not be collected on Sunday, or before 8:00 A.M.
or after 7:00 P.M. on Saturday, or before 7:00 A.M. or after 7:00
P.M. on any other day of the week in the following zoning districts:
Estate, Suburban Estate, Major Educational Campus, Suburban Low, Suburban
Medium, Nursing Home, Assisted Living or Continuum of Care Facility
and Park.
4.
Solid waste shall not be collected between the hours of 7:00 P.M.
and 7:00 A.M. on any day of the week in the following zoning districts:
Campus Office, Office, Commercial and Planned Office Park.
G.
Storage And Collection — Generally.
1.
Residential solid waste containers and recycling 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.
2.
All residential waste and recyclable material collection service
must provide rear yard only pickup at a point on the premises to the
rear of the building setback line. The person responsible for the
proper storage of refuse on the premises and the collector shall agree
upon a designated collection point, at which point all containers
to be emptied shall be placed prior to 7:00 A.M. on the collection
day(s).
3.
Subdivisions may opt-out of the rear yard collection requirement
if:
a.
The subdivision board of trustees or a representative of the homeowners'
association provides written notice to the Director of Public Works
stating that all houses within said subdivision will use curb side
collection.
b.
The subdivision board of trustees/homeowners' Association certifies
that curb side collection is not contrary to the current indentures
of the subdivision.
4.
Residents of subdivisions opting for curb side collection may obtain
a waiver for rear pickup due to any health condition that makes taking
solid waste or recycling containers to the curb a hardship.
5.
Residents of dwellings on major roads that do not belong to a subdivision
or a homeowners' association may not opt-out for curb side collection
due to safety concerns, trucks stopping and blocking roadways while
making pickups.
a.
Any person residing on a major road may apply for a waiver for curb
side pickup if the applicant demonstrates that trash or recycling
trucks stopping on the road to pickup trash do not affect the health,
safety and welfare of citizens and motorists.
6.
The Director of Public Works shall designate specific days of the
week for solid waste pickup, recycling pickup and yard waste pickup
in specific subdivisions. All attempts shall be made to limit the
number of days in a week solid waste, recycling and yard waste trucks
are in specific subdivisions.
H.
A solid
waste collection agency operating under license from the City shall
be responsible for the collection of solid waste from the designated
pickup location to the transport vehicle, provided the solid waste
was stored in compliance with the provisions set forth in this Article.
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.
I.
Any
institution or commercial establishment generating hazardous waste
within the City limits shall notify the Director of the type and quantity
and the means and frequency of disposal.
[CC 1989 §11-39; Ord. No. 1241 §2(6.04), 12-12-1988]
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 so 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.
Permits
shall not be required for the removal, hauling or disposal of earth
and rock materials from grading or excavation activities, however,
all such materials 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 right-of-way.
C.
Demolition and construction wastes shall be transported to a disposal area as provided in Section 235.050(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, so constructed and maintained that none of the material being transported shall spill upon the public right-of-way.
[CC 1989 §11-40; Ord. No. 1241 §2(6.05), 12-12-1988; Ord. No. 1461 §3, 1-14-1991]
A.
Solid
wastes shall be deposited at a processing facility or disposal area
complying with all requirements of the State Solid Waste Management
Law, Sections 260.200 to 260.255, RSMo., and the rules and regulations
adopted thereunder.
B.
Hazardous
wastes under the provisions of this Article will require special handling
and shall be disposed of only in a manner authorized by State regulations.
C.
Recyclable
solid waste materials shall be sold or disposed of by the waste collectors
only for reuse or for processing and reuse.
[CC 1989 §11-41; Ord. No. 1241 §2(6.07), 12-12-1988; Ord. No. 1461 §4, 1-14-1991]
A.
The
Director shall make, amend, revoke, and enforce reasonable 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 residential and/or commercial solid waste containers.
9.
Collection, transportation, processing and disposal of solid waste.
10.
Handling of special wastes such as sludges, agriculture, construction,
bulky items, tires, automobiles, oils, greases, etc.
11.
Police check of all listed employees and the employee's right to
work in the City.
12.
Regulations requiring periodic reports from waste collectors regarding
the collection and disposal of recyclable solid waste.
[CC 1989 §11-42; Ord. No. 1241 §2(6.08), 12-12-1988; Ord. No. 3415 §4, 3-13-2009]
A.
It
shall be unlawful 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 for solid
waste collection and disposal.
2.
Fail to have solid waste collected as provided in this Article.
3.
Interfere in any manner with solid waste collectors in the lawful
performance of their duties and operating under license from the City.
4.
Burn solid waste unless an approved incinerator is provided or unless
a variance has been obtained from the appropriate air pollution control
agency.
5.
Dispose of solid waste at any facility or location which is not approved
by the State Department of Natural Resources.
6.
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.
7.
Any hauler of solid waste or recyclable material that provides or
requires curb side pickup in a subdivision that does not opt-out from
the rear yard pickup requirements of this Article shall be in violation
of this Section and shall be cited per address of each violation.
Violation can be used for grounds to suspend or revoke a hauler's
permit.
8.
Any hauler of solid waste or recyclable material that provides or
requires curb side pickup to a residence on a major road without a
waiver for such service issued by the Director of Public Works shall
be in violation of this Section.
9.
Any person residing in a dwelling who places solid waste or recyclable
material in a subdivision that does not opt-out from the rear yard
pickup requirements of this Article or on a major road without a waiver
for such service issued shall be in violation of this Section.
B.
The
system of services established by the provisions of this Article is
designed as an integral part of the City's program of health and sanitation.
[1]
Cross Reference — Burning materials producing offensive
gases, odors, etc., deemed a nuisance, §215.030(2).
[CC 1989 §11-43; Ord. No. 1241 §2(6.09), 12-12-1988]
Any person violating any of the provisions of this Article,
or any lawful rules or regulations promulgated pursuant thereto, upon
conviction, shall be punished by a fine of not less than five dollars
($5.00) nor more than five hundred dollars ($500.00); provided, that
each day's violation thereof shall be a separate offense for the purpose
hereof.
[CC 1989 §11-51; Ord. No. 1241 §2(6.06(A)(1)), 12-12-1988]
A.
Any
person in the residential waste collection business or desiring to
enter into the waste collection business within the City must have
a valid waste collection license issued by the Director, upon approval
by the Board of Aldermen. Employees of a waste collection licensee
need not be individually licensed.
B.
A waste
collection license is not required for the removal, transportation
or disposal of earth and rock material for grading or excavation activities.
However, all such material shall be transported and/or conveyed in
tight vehicles, trucks or receptacles, so constructed and maintained
that none of the material being transported shall spill upon public
rights-of-way.
C.
A waste collection license is not required for the removal, transportation or disposal of demolition and construction wastes. Demolition and construction wastes shall be transported to a disposal area as provided in Section 235.050(A). All demolition and construction wastes shall be transported and/or conveyed in tight vehicles, trucks or receptacles, so constructed and maintained that none of the material being transported shall spill on public rights-of-way.
[CC 1989 §11-52; Ord. No. 1241 §2(6.06(A)(2)), 12-12-1988; Ord. No. 1461 §5, 1-14-1991]
A.
The
City Clerk shall provide an application form for waste collection
licenses. The form shall call for the following information:
1.
Name of corporation, partnership, association, or person ("applicant")
applying for a waste collection license.
2.
For corporations, partnerships or other associations, the names and
addresses of each principal officer, partner, owner or associate,
who owns an interest of ten percent (10%) or more.
3.
The nature of the activity or activities for which the waste collection
license is desired, including storage, collection, transportation,
processing or disposal of solid wastes.
4.
The characteristics of the solid waste to be stored, collected, transported,
processed and/or disposed of. The applicant must specify whether the
proposed activities will involve a commercial solid waste, residential
solid waste or both.
5.
The type of equipment to be used within the City by or on behalf
of the applicant.
6.
The number of solid waste collection and/or transportation vehicles
to be operated by or on behalf of the applicant.
7.
The recyclable solid waste which the applicant shall pickup and the
manner in which the applicant shall ensure that such material is reused.
8.
The precise location or locations of solid waste processing or disposal
facilities to be used.
10.
The names and addresses of employees, agents and/or servants of the
applicant who will solicit, drive or perform work or labor for the
applicant within the City.
11.
Date of inspection and approval of waste collection equipment by
the Chief of Police or his/her designee.
12.
Such other information required by the Director.
[CC 1989 §11-53; Ord. No. 1241 §2(6.06(A)(3)), 12-12-1988]
The applicant must pay a twenty-five dollar ($25.00) application
processing fee when the waste collection license application form
is submitted to the City Clerk.
[CC 1989 §11-54; Ord. No. 1241 §2(6.06(A)(4)), 12-12-1988]
The applicant shall request in writing inspection of all waste collection and/or transportation equipment to be used by or on behalf of the applicant within the City. Within thirty (30) days of receipt by the City of an applicant's written request for inspection of waste collection and/or transportation equipment, the Chief of Police or his/her designee shall inspect the applicant's waste collection and/or transportation equipment and determine whether that equipment satisfies the minimum standards for waste collection and/or transportation equipment under Section 235.170 herein. If the equipment satisfies those standards, the Chief of Police or his/her designee shall notify the Director and the City Clerk. If the equipment fails to satisfy those standards, the Chief of Police or his/her designee shall notify the applicant and, upon request, provide a written explanation of the reasons for denial of approval.
[CC 1989 §11-55; Ord. No. 1241 §2(6.06(A)(5)), 12-12-1988]
A.
Prior
to issuance of a waste collection license by the City each applicant
shall furnish the following:
1.
Employer's liability. Evidence that with respect
to the operations the applicant performs, he/she carries either employer's
liability or Worker's Compensation insurance, or is qualified as a
self-insured, under State laws relating to Worker's Compensation.
2.
Bodily injury liability and property damage liability insurance.
a.
Evidence that with respect to the operations the applicant performs,
he/she carries regular bodily injury liability insurance providing
for a limit of not less than five hundred thousand dollars ($500,000.00)
for damages arising out of bodily injuries to or death of one (1)
person, and subject to that limit for each person, a total limit of
one million dollars ($1,000,000.00) for all damages arising out of
bodily injuries to or death of two (2) or more persons in any one
(1) accident, and regular property damage liability insurance providing
for a limit of not less than one hundred thousand dollars ($100,000.00)
for all damages arising out of injury to or destruction of property
in any one (1) accident, and, subject to that limit per accident,
a total or aggregate limit of two hundred fifty thousand dollars ($250,000.00)
for all damages arising out of injury to or destruction of property
during the policy period.
b.
Policy requirements shall be such that insurance provided in compliance
with bodily injury and property damage liability insurance shall cover
liability of the insured for damage because of bodily injury to or
death of persons and injury to or destruction of property which may
be suffered by persons other than his/her own employees as a result
of the negligence of the insured in performing the work covered by
this permit. Policy requirements shall also be such that insurance
provided in compliance with property damage liability insurance shall
include liability of the insured for damage to or destruction of property
which may be suffered by persons other than his/her own employees
as a result of unusual operations of the insured in performing the
work covered by his/her permit.
c.
If any part of the work is sublet, similar insurance shall be provided
by or in behalf of the subcontractors to cover their operations.
3.
Protective bodily injury liability and property damage liability
insurance. Evidence with respect to the operations performed
for the applicant by subcontractors, he/she carries in his/her own
behalf regular protective bodily injury liability insurance providing
for a limit of not less than five hundred thousand dollars ($500,000.00)
for all damages arising out of bodily injuries to or death of one
(1) person, and, subject to that limit for each person, a total limit
of one million dollars ($1,000,000.00) for all damages arising out
of bodily injuries to or death of two (2) or more persons in any one
(1) accident, and regular protective property damage liability insurance
providing for a limit of not less than one hundred thousand dollars
($100,000.00) for all damages arising out of injury to or destruction
of property in any one (1) accident, and, subject to that limit per
accident, a total or aggregate limit of two hundred fifty thousand
dollars ($250,000.00) for all damages arising out of injury to or
destruction of property during the policy period.
4.
Other insurance requirements.
a.
Any insurance policy required as specified hereinbefore, if written
by an insurance company organized in a State other than Missouri,
shall be countersigned by a State resident agent of such company.
Any certificate or other evidence of insurance, submitted to the City,
shall be in a form acceptable to the City. In the case of policies
written by companies organized in a State other than Missouri, the
certificate of insurance, or other evidence submitted, shall be countersigned
by a State resident agent.
b.
A certificate of insurance acceptable to the City shall be filed
with the City prior to issuance of a permit. These certificates shall
contain a provision that coverages afforded under the policies will
not be canceled until at least thirty (30) days' prior notice has
been given to the City.
5.
Personal liability of public officials. The insured
and its surety shall indemnify and save the City and all of its officers,
agents and employees harmless from all suits, actions, including costs
of defense, or claims of any character, name, and description brought
for or on account of any injuries or damages received or sustained
by any persons or property, by or from the insured, or by or in consequence
of any neglect in safeguarding the work, or through the use of unacceptable
supplies in performance of the work, or by or on account of any act
or omission, neglect, or misconduct of the insured, or by or on account
of any claims or amounts recovered for any infringement of patent,
trademark or copyright, or from any claims or amounts arising or recovered
under the Worker's Compensation law or any other law, bylaw, ordinance,
order or decree. The City may retain from any monies due or to become
due to the contractor such sum or sums as shall be deemed necessary
to protect the City's interest until such suits, action or actions,
claim or claims for injuries or damages as aforesaid shall have been
settled and suitable evidence to that effect known to the City.
[CC 1989 §11-56; Ord. No. 1241 §2(6.06(A) (6)), 12-12-1988; Ord. No. 1461 §6, 1-14-1991]
A.
Once
the City Clerk determines an application for waste collection license
is complete, the application fee has been paid, and the Chief of Police
or his/her designee has inspected and approved waste collection and/or
hauling equipment to be used by or on behalf of the applicant, the
City Clerk shall place the application on the agenda for the next
regularly scheduled Board of Aldermen meeting.
B.
The
Board of Aldermen shall not approve the issuance of a waste collector's
license unless the applicant for such license agrees to provide for
the collection of recyclable solid waste from residential property
consistent with these ordinances.
[CC 1989 §11-57; Ord. No. 1241 §2(6.06(B)), 12-12-1988]
Waste collection licenses must be renewed annually. A new application
form need not be completed if the information on the application or
an amended application remains the same, or if the Board of Aldermen
has not notified the licensee of an intent not to renew the license.
A renewal fee of twenty-five dollars ($25.00) shall be paid to the
City Clerk. The Board of Aldermen can notify an applicant of an intent
not to renew an existing waste collection license at any time during
the term of the existing license.
[CC 1989 §11-58; Ord. No. 1241 §2(6.06(C)), 12-12-1988]
Any change in information required by the applicant, including ownership or address of the applicant, must be communicated immediately to the City Clerk. If the equipment to be used by the applicant is changed, the Chief of Police or his/her designee must inspect the equipment in the same manner as set forth in Section 235.120. Failure to notify the City Clerk of changes may result in a suspension of the waste collection license not to exceed fourteen (14) days and/or a request that the license be revoked.
[CC 1989 §11-59; Ord. No. 1241 §2(6.06(D)), 12-12-1988]
A.
Any
vehicle used by a waste collection licensee within the City shall
have a metal, non-leaking, watertight covered body designed and operated
so as to reduce to a practical minimum any leaking, spilling, or scattering
of fluid, solids or other materials being transported or collected.
Covers shall be an integral part of the vehicle or shall be a separate
cover of suitable material with fasteners designed to secure whenever
a vehicle is transporting solid waste. Alternatively, the entire bodies
of solid waste collection vehicles shall be enclosed, with only loading
hoppers exposed. No solid waste shall be transported in loading hoppers.
B.
All
waste collection license vehicles shall be maintained in a safe, clean
and sanitary condition and shall be so constructed, maintained and
operated so as to prevent spillage of solid waste.
C.
Any
vehicle used by a waste collection licensee shall also satisfy all
applicable Federal and State minimum safety and licensing requirements.
D.
Employees,
agents or other personnel of a waste collection and/or hauling licensee
shall be required, to the extent possible, to prevent leaking, spilling
and/or scattering of fluid, solids or other waste material from the
waste collection and/or hauling equipment or customers' containers
while waste collection or hauling is in progress. In the event such
leakage, spilling and/or scattering occurs, the employees, agents
or other personnel of the licensee shall immediately gather and clean
up the streets and/or private grounds affected.
[CC 1989 §11-60; Ord. No. 1241 §2(6.06(E)), 12-12-1988]
No licensee may assign a waste collection license or subcontract
work to be performed pursuant to a waste collection license issued
by the City without prior approval of the Board of Aldermen.
[CC 1989 §11-61; Ord. No. 1241 §2(6.06(F)), 12-12-1988]
A.
In
order to ensure compliance with the laws of this State, this Article
and the rules and regulations authorized herein, the Director is authorized
to inspect all phases of solid waste management within the City. No
inspection shall be made in any residential unit unless authorized
by the occupant or by due process of law. In all instances where such
inspections reveal violation of this Article, the rules and regulations
authorized herein for the storage, collection, transportation, processing
or disposal of solid waste or the laws of the State, the Director
shall issue notice for each such violation stating therein the violation
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.
B.
In
all cases, when the corrective measures have not been taken within
the time specified, the Director shall suspend the license involved
in the violation; however, in those cases where an extension of time
will permit correction and there is not public health hazard created
by the delay, one (1) extension of time not to exceed the original
time period may be given.
C.
The Director may suspend a waste collection license for non-compliance with any provision of this Article in accordance with Section 235.200.
D.
In
the event a permit is suspended or 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 Article or
any rule or regulation promulgated thereunder. In any such action,
the Court may grant the City such prohibitory or mandatory injunctive
relief as the facts may warrant.
[CC 1989 §11-62; Ord. No. 1241 §2(6.06(G)), 12-12-1988]
A.
The
Board of Aldermen may notify a waste collection licensee of an intention
not to renew its existing license at any time.
B.
An
existing waste collection license may be suspended by the Director,
upon finding a material violation of this Article. The period of such
suspension shall not exceed fourteen (14) days. Upon suspending an
existing waste collection license, the matter shall be placed on the
agenda for the next regularly scheduled meeting of the Board of Aldermen.
The licensee shall be notified of the hearing in writing. The Board
of Aldermen shall then determine whether there has been a material
violation of this Article. Upon finding such a material violation,
the Board may revoke license and/or refer the matter to the City Prosecutor
for prosecution in the court with appropriate jurisdiction. Any licensee,
or the agents, employees or other personnel of a licensee, may, in
addition to or in substitution for having its license revoked, be
fined, imprisoned or both.
