[Ord. No. 141027 §1, 10-27-2014[1]]
For the purposes of this chapter, the following terms shall
be deemed to have the meanings indicated below:
An incinerator which complies with all current regulations
of the responsible local, 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.
The City of Willard, Missouri.
Removal and transportation of solid waste from the designated
pickup location to the transportation vehicle.
Solid waste, garbage, refuse and other discarded material,
including, but not limited to, solid and semi-solid waste materials
resulting from the maintenance or operation of any commercial, industrial,
institutional or agricultural establishment.
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 designated by the City Administrator and shall report
and be responsible to the City Administrator.
Receptacle used to store solid waste during the interval
between solid waste collections.
Any room or group of rooms located within a structure and
forming a single habitable unit with facilities, which are used, or
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.
Any waste or combination of wastes, ss determined by the
Missouri Hazardous Waste Management 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 threat to the health of humans or other living organisms.
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, 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.
Garbage, refuse and other discarded materials, including,
but not limited to, solid and semi-solid waste materials resulting
from the maintenance and operation of dwelling units.
Receptacle used by any person to store solid waste during
the interval between solid waste collections and whose size and capacity
shall be set by the Director.
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.
Grass clippings, leaves, tree trimmings.
[1]
Editor's Note: Section 9 of this ordinance repealed former
Ch. 230, Solid Waste, as adopted by Ord. No. 860226-A §§1
— 5, 7 — 8, 2-26-1986.
[Ord. No. 141027 §2, 10-27-2014]
A.
The occupant of every dwelling unit shall use a solid waste container
provided by the City's approved waste disposal contractors; and
all institutional, commercial or business, industrial or agricultural
establishments producing solid waste within the corporate limits of
the City shall provide sufficient and adequate containers for the
storage of all solid waste.
B.
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.
C.
Residential solid waste shall be stored in containers provided by
the City's approved solid waste disposal contractors. Containers
shall be leak-proof, 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. The
containers' size and capacity shall be determined by the Director.
D.
Commercial solid waste shall be stored in solid waste containers
as approved by the Director. The containers shall be waterproof, leak-proof
and shall be covered at all times except when depositing waste therein
or removing the contents thereof.
E.
Following the direction of the Board of Aldermen and/or either the
State or Federal declaration of natural disaster(s) (tornado, ice
storm, snow or the like) tree limbs can be placed at the curb for
City removal.
F.
Solid waste containers not in compliance with this Chapter are prohibited.
[Ord. No. 141027 §3, 10-27-2014]
A.
The City shall provide for the collection of solid waste as follows:
1.
Collection of residential solid 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 contracting with a person, County, or other City or a combination
thereof, for the entire City or portions thereof, as deemed to be
in the best interests of the City.
2.
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 premises.
B.
All solid waste collected shall, upon being loaded into collection
equipment, become the property of the collection agency.
C.
Solid waste containers as required by this Chapter for the storage
of residential solid waste shall be placed at the curb for collection.
Solid waste containers permitted by this Chapter shall not be placed
at the curb or alley for collection until 7:00 P.M., the day before
the regularly scheduled collection day.
D.
All refuse containers shall be removed from the curbside by 12:00
Midnight on the day of service.
E.
Trash haulers will not be permitted to begin their route before 7:00
A.M.
F.
Bulky rubbish shall be collected by the City's approved contractors
in accordance with the contractor's procedures.
G.
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.
H.
The following collection frequencies shall apply to collections of
solid waste within the City:
1.
All residential solid waste, other than bulky rubbish, shall
be collected at least once weekly, on the same day of the week as
designated by the Director with exceptions due to collection day falling
on a holiday.
2.
All commercial solid waste shall be collected once weekly and
may 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.
3.
Providers of collection of residential solid waste shall issue,
to each resident it provides service to, a trash receptacle and recycling
receptacle whose dimensions and capacity shall be established by the
Director. Extra receptacles provided to customers will be billed by
the providers and not the City.
I.
Any provider of collection services must offer single-stream curbside
recycling service at no charge for all City customers inside City
limits, and this service must be provided, at a minimum, once every
other week with collection occurring on a day designated by the Director.
J.
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.
K.
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 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.
L.
Permits shall not be required for the removal, hauling or disposal
of earth and rock material from grading or excavation activities;
however, all such material shall be conveyed in tight vehicles, trucks
or receptacles, so constructed and maintained that none of the material
being transported shall spill upon the public rights-of-way.
M.
The resident is responsible for ensuring that trash is not windblown
or spread along any right-of-way. The spreading of refuse will be
considered a nuisance violation and be treated accordingly. The resident
will be responsible for preventing animals from spreading trash.
[Ord. No. 141027 §4, 10-27-2014]
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 and the State Department of Natural
Resources.
B.
The Director may classify certain wastes as hazardous wastes which
will require special handling and shall be disposed of only in a manner
acceptable to the Director and which will meet all local, State and
Federal regulations.
[Ord. No. 141027 §5, 10-27-2014]
A.
No person shall engage in the business of collecting, transporting,
processing or disposing of solid waste within the corporate limits
of the City, without first obtaining an annual business license therefor
from the City; provided, however, that this provision shall not be
deemed to apply to employees of the holder of any such business license.
B.
No such license shall be issued until and unless the applicant therefor,
in addition to all other requirements set forth, shall file and maintain
with the City Clerk evidence of a satisfactory public liability insurance
policy, covering all operations of such applicant pertaining to such
business and all vehicles to be operated in the conduct thereof, in
the amount of not less than two million dollars ($2,000,000.00).
C.
Each applicant for any such business license shall state in his application
therefor;
1.
The nature of the license desired, as to collect, transport,
process or dispose of solid waste or any combination thereof;
2.
The characteristics of solid waste to be collected, transported,
processed or disposed of;
3.
The number of solid waste transportation vehicles to be operated
thereunder;
4.
The precise location or locations of solid waste processing
or disposal facilities to be used;
5.
Boundaries of the collection area; and
6.
Such other information as required by the Director.
D.
If the application shows that the applicant will collect, transport,
process or dispose of solid wastes without hazard to the public health
or damage to the environment and in conformity with the laws of the
State of Missouri and this ordinance, the Director may issue the permit
authorized by this ordinance. The Director shall have the authority
to limit the number of annual licenses 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. The license
shall be issued for a period of one (1) year, and each applicant shall
pay therefor a fee as set forth by the City. If modification must
be made to the application regarding service, equipment or mode of
operation, so as to bring the application within the intent of this
ordinance, 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.
The annual license may be renewed upon payment of the fee or fees as designated herein if the business has not been modified, the collection vehicles meet the requirements of Section 230.030 of this ordinance, and the renewal is approved by the City. If modifications have been made, the applicant shall reapply for a license as set forth in this Section. No license authorized by this ordinance shall be transferrable from person to person.
F.
In order to insure compliance with the laws of this State, this ordinance
and the rules and regulations authorized herein, the Director or the
Willard Police Department is authorized to inspect all phases of solid
waste management within the City of Willard. In all instances where
such inspections reveal violation of this ordinance, the rules and
regulations authorized herein for the storage, collection, transportation,
processing or disposal of solid waste or the laws of the State of
Missouri, the Director or the Willard Police Department shall issue
notice for each such violation stating therein the violation or violations
found, the time and date and the corrective measures to be taken,
together with the time in which such corrections shall be made.
G.
In all cases, when the corrective measures have not been taken within
the time specified, the Director shall suspend or revoke the license
or licenses involved in the violation; however, in those cases where
an extension of time will permit correction and there is no public
health hazard created by the delay, one (1) extension of time not
to exceed fifteen (15) days may be given.
H.
In the event a license 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 ordinance 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.
I.
Any person who feels aggrieved by any notice of violation or order
issued pursuant thereto of the Director may, within fifteen (15) days
of the act for which redress is sought appeal directly to the Municipal
Court of Willard, Missouri, in writing, setting forth in a concise
statement the act being appealed and the grounds for its reversal.
J.
Any person who feels aggrieved by any order issued pursuant thereto
of the Willard Municipal Court may, within fifteen (15) days of the
act for which redress is sought, appeal directly to the Missouri Circuit
Court of Greene County, 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 license required by this ordinance
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.
[Ord. No. 141027 §6, 10-27-2014]
A.
The City shall make, amend, revoke and enforce reasonable rules and
regulations, governing the storage, collection, transportation, processing
and disposal of solid waste.
B.
The City is hereby authorized to make and promulgate reasonable and
necessary rules and regulations pertaining to the billing and schedule
of rates charged and collection of solid waste by license holders.
C.
A copy of any and all rules and regulations made and promulgated
under the provisions hereof shall be filed in the office of the City
Clerk of the City.
[Ord. No. 141027 §7, 10-27-2014]
A.
It shall be unlawful for any person to:
1.
Deposit solid waste in any solid waste container other than
his own, without 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.
Fail to have solid waste collected as provided in this ordinance;
3.
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 license by 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 City and/or the Missouri Department of Natural
Resources;
6.
Engage in the business of collection, transporting, processing
or disposing of solid waste within the corporate limits of the City
without a license from the City, or operate under an expired license,
or operate after a license has been suspended or revoked;
7.
Violate any section of this Ordinance or any other rule or regulation
promulgated under this Ordinance.
[Ord. No. 141027 §8, 10-27-2014]
Any person violating any of the provisions of this ordinance,
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.
