[R.O. 2006 §220.010; CC 1980 §430.010; Ord. No. 580, 6-18-1973]
For the purposes of this Chapter, the following terms shall be deemed to have the meanings indicated herein:
- APPROVED INCINERATOR
- An incinerator which complies with all current regulations of the Missouri Air Conservation Commission.
- BULKY RUBBISH
- 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 collection vehicles by solid waste collectors with the equipment available therefor.
- The City of Troy, Missouri.
- Removal and transportation of solid waste from its place of storage to its place of processing or disposal.
- DEMOLITION AND CONSTRUCTION WASTE
- Waste materials from the construction or destruction of residential, industrial or commercial structures.
- The Director of the Solid Waste Management Program of the City, or his/her authorized representative.
- DISPOSABLE SOLID WASTE CONTAINER
- Disposable plastic or paper sacks with a capacity of twenty (20) to thirty-five (35) gallons specifically designed for storage of solid wastes.
- 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.
- Putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving or consumption of food.
- HAZARDOUS WASTES
- 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.
- MULTIPLE HOUSING FACILITY
- 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. As applied to partnerships or associations, the word includes the partners or members thereof; and as applied to corporations, it includes the officers, agents or employees thereof who are responsible for the act referred to.
- Incinerating, composting, bailing, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.
- 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.
- SOLID WASTE CONTAINER
- 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
- 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.
- 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. 2006 §220.020; CC 1980 §430.020; Ord. No. 580, 6-18-1973]
The occupant of every dwelling unit and of every institutional, commercial or business, industrial or agricultural establishment producing solid waste within the corporate limits of the City, shall provide sufficient and adequate containers for the storage of all solid waste except bulky rubbish and demolition and construction waste to serve each such dwelling unit and/or establishment, and to maintain such solid waste containers at all times in good repair.
The occupant 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 at all times.
Residential solid waste shall be stored in containers as provided by the current solid waste hauler or of not more than thirty-five (35) gallons nor less than twenty (20) gallons in nominal capacity. Containers shall be leakproof 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 one hundred (100) pounds. Galvanized metal containers, rubber or fiberglass containers, and 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.
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 220.060.
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 twenty-four (24) inches in diameter when not placed in storage containers. The weight of any individual bundle shall not exceed seventy-five (75) pounds.
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 ninety-six (96) hours shall intervene between collections. All commercial solid waste shall be collected weekly and shall be collected at such lesser intervals as may be 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.
[Ord. No. 1177 §1, 5-6-2013]
Solid waste containers which are not approved will be collected together with their contents and disposed of.
[R.O. 2006 §220.030; CC 1980 §430.030; Ord. No. 580, 6-18-1973]
The Board of Aldermen shall provide for the collection of solid waste as follows:
Collection of residential waste. The City shall provide for the collection of all residential solid waste in the City, provided however, that the City may provide the collection service by contract 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.
Other collections. The City may, at its discretion, provide commercial solid waste collection services upon specific application of the owners or persons in charge thereof. However, in the event that such application is not made or approved, it shall be the duty of such establishment to provide for collection of all solid waste produced upon any such premise.
All solid waste from premises to which collecting 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 collection equipment, become the property of the collection agency.
Tree limbs and yard wastes, as described in Section 220.020, Subsections (E) and (F) respectively, shall be placed at the curb for collection. Solid waste containers as required by this Section for the storage of other residential solid waste shall be placed at the curb for collection. Any solid waste containers, tree limbs, yard waste or other solid wastes permitted by this Chapter to be placed at the curb for collection shall not be so placed until the regularly scheduled collection day.
Bulky rubbish shall be collected by request to the Director. The Director shall establish the procedure for collecting bulky rubbish.
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 approved by the Director.
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 twice weekly. At least twenty-four (24) hours shall intervene between collections. All commercial solid waste shall be collected weekly, and shall be collected at such lesser intervals as may be 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.
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 the collection equipment, public health personnel and fire inspection personnel.
All collection 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 collection of solid waste shall be constructed with water-tight 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 body thereof shall be enclosed, with only loading hoppers exposed. No solid waste shall be transported in the loading hoppers.
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 right-of-way.
Transportation and disposal of demolition and construction wastes shall be in accordance with Chapter 260, RSMo.
[R.O. 2006 §220.040; CC 1980 §430.040; Ord. No. 580, 6-18-1973]
Solid wastes shall be disposed of at a processing facility or disposal area approved by the City and complying with all requirements of the Missouri Division of Health.
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. 2006 §220.050; CC 1980 §430.050; Ord. No. 580, 6-18-1973]
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.
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 operation 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 fifty thousand dollars ($50,000.00) for damage to property. Such policy may be written to allow the first ten percent (10%) 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.
Each applicant for any such permit shall state in his/her application therefor:
The nature of the permit desired, as to collect, transport, process or dispose of solid waste or any combination thereof,
The characteristics of solid waste to be collected, transported, processed or disposed,
The number of solid waste vehicles to be operated thereunder,
The precise location or locations of solid waste processing or disposal facilities to be used,
Boundaries of the collection area,
Such other information as required by the Director.
If the application shows that the applicant will collect, transport, process or dispose of solid waste without hazard to the public health or damage to the environment and in conformity with the laws of the State 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 a fee of one hundred dollars ($100.00) for each solid waste processing or disposal facility operated and a fee of one hundred dollars ($100.00) for each collecting 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.
If the applicant does not make the modifications pursuant to notice in Section 220.050(D), 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 re-application comply with the provisions of this Section.
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) of this Section. No permits authorized by this Section shall be transferable from person to person.
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. 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 or disposal of solid waste of 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.
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 corrections 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.
Any person who feels aggrieved by any notice of violation or order issued pursuant thereto of the Director may, within twenty (20) days of the act for which redress is sought appeal directly to the Circuit Court of Lincoln County, in writing, setting forth in a concise statement the act being appealed and the grounds for its reversal.
All motor vehicles operating under any permit required by this Section 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 three (3) inches high. Each permit for processing or disposal facilities shall be prominently displayed at the facility.
[R.O. 2006 §220.060; CC 1980 §430.060; Ord. No. 580, 6-18-1973]
The Director shall make, amend, revoke and enforce reasonable and necessary rules and regulations, governing, but not limited to:
Preparation, drainage and wrapping of garbage deposited in solid waste containers;
Specifications for solid waste containers, including the type, composition, equipment, size and shape thereof;
Identification of solid waste containers, of the covers thereof, and of equipment thereto appertaining, if any;
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;
Storage of solid waste in solid waste containers;
Sanitation, maintenance and replacement of solid waste containers;
Schedules of and routes for collection of solid waste;
Collection points of solid waste containers;
Collection and disposal of solid waste;
Processing facilities and fees for the use thereof;
Disposal facilities and fees for the use thereof;
Records of quantity and type of wastes received at processing and/or disposal facilities;
Handling of special wastes such as toxic wastes, sludges, ashes, agriculture construction, bulky items, tires, automobiles, oils, greases, etc.
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 collections and/or disposal service charges, as hereinafter provided for.
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.
[R.O. 2006 §220.070; CC 1980 §430.070; Ord. No. 580, 6-18-1973]
It shall be unlawful for any person to:
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.
Interfere in any manner with solid waste collection 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.
Burn solid waste unless approved incinerator is provided or unless a variance has been obtained from the appropriate air pollution control agency.
Dispose of solid waste at any facility or location which is not approved by the City and the Missouri Division of Health.
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.
[CC 1980 §220.080; Ord. No. 333, 7-10-1939; Ord. No. 911, 8-19-2002]
It shall be unlawful for any person, firm or corporation to burn leaves, yard waste, solid waste, refuse or rubbish within the City limits unless a valid Department of Natural Resources burn permit is obtained, displayed on-site and complied with. Said permit shall contain location, date and conditions of burning.
It shall be unlawful for any person, firm or corporation to accumulate or pile yard waste, solid waste, refuse or rubbish which may cause bad odors, unsanitary conditions or fire hazards within the City limits.
[R.O. 2006 §220.085; Ord. No. 944, 10-20-2003; Ord. No. 944A, 6-21-2004; Ord. No. 1194 §1, 10-21-2013]
Definitions. As used in this section, the following terms shall have the meanings indicated:
- OPEN BURNING
- The burning of yard waste, including leaves, branches, and grass clippings within the City limits of Troy, Missouri, during prescribed periods allowed under the Ordinances of the City of Troy, Missouri.
It shall be unlawful to burn commercial waste, industrial waste, tires, waste oil, construction waste, household trash, paper products, and food waste within the City limits of Troy, Missouri.
The open burning of yard waste shall be allowed from October 1 through March 31, so long as it is burned on the premises from which the yard waste originated. Yard waste may not occur on the City right-of-way, and the person burning such waste shall be responsible for the safe burning of such waste.
Open burning of construction waste is allowed if an appropriate permit from the Missouri Department of Natural Resources is obtained and presented to the Building Department of the City of Troy or if the activity is exempt from State regulations.
[R.O. 2006 §220.090; CC 1980 §430.080; Ord. No. 580, 6-18-1973]
There is hereby imposed, for the collection and disposal of solid waste, a service charge for each dwelling unit and each commercial establishment to which such service shall be provided under this provision of this Chapter. The service charge for collection of residential solid waste shall be as specified in the current contract for removal of solid waste. The service charge for each commercial establishment will be determined by the Director on the basis of quantity and characteristics of materials, point of pick-up, and time required to collect the solid waste if service is performed by the City.
The service and service charge shall be terminated upon presentation of satisfactory proof to the Director that any such dwelling unit or establishment is unoccupied, and shall be commenced upon renewed occupancy thereof.
The system of services established by the provisions of this Chapter is designed as an integral part of the City's program of health and sanitation, to be operated as an adjunct to 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 premises which has received such services, to recover any sums due for such services plus a reasonable attorney's fee to be fixed by the Court.
The service charge herein provided for is hereby imposed upon the occupant of each dwelling unit receiving such service under the provisions of this Chapter and billing therefor shall be made to the person contracting for City water and/or sewerage service or for other water service or otherwise providing water service to each such dwelling unit. In the absence of information that such person is neither the owner nor the tenant of such dwelling unit, in which event 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.
[R.O. 2006 §220.100; CC 1980 §430.090; Ord. No. 580, 6-18-1973]
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 of not less than five dollars ($5.00), nor more than five hundred dollars ($500.00), provided, that each days' violation thereof shall be a separate offense for the purpose hereof.