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Editor's Note: Former Ch. 230, Solid Waste Management, which derived from CC 1990 §§240.010 through 240.130; CC §§60.010 through 60.130; Ord. No. 92.028 §2, 6-8-1992; Ord. No. 94.018 §§ 1 through 3, 10-10-1994; Ord. No. 96.062 §1, 10-28-1996; Ord. No. 96.077 §1, 12-9-1996; was repealed by Ord. No. 2021.17, 12-13-2021.
For the purposes of this Chapter, the following terms shall
be deemed to have the meanings indicated below:
Nonputrescible solid wastes consisting of combustible and/or
noncombustible 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 Desloge, Missouri.
A cart purchased and owned by the City of Desloge for the
express purpose of solid waste collection which cart shall be loaned
to a person and which cart shall be specifically designed for automated
loading and dumping of solid waste.
Removal and transportation of solid waste from its place
of storage to its place of processing or disposal.
Solid waste resulting from the operation of any commercial,
industrial, institutional or agricultural establishment, and multiple-housing
facilities with more than two (2) dwelling units.
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 Public Works Director/City Administrator, or designee.
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.
Includes, but is 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 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.
Solid waste.
Solid waste resulting from the maintenance and operation
of dwelling units, excluding multiple-housing facilities with more
than three (3) dwelling units.
Unwanted or discarded waste materials in a solid or semisolid
state, including, but not limited to, garbage, ashes, street refuse,
rubbish, dead animals, animal and agricultural wastes, yard wastes,
discarded appliances, special wastes, industrial wastes, and demolition
and construction wastes.
The process of discarding or getting rid of unwanted material.
In particular, the final disposition 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.
Grass clippings, leaves, tree trimmings.
It is unlawful for any person to throw, place or deposit any
garbage or trash upon any property of another, either public or private,
within the City limits.
No person shall meddle with, take or scatter the contents of
any disposable or permanent garbage, refuse or recyclable materials
container. No person shall take or remove garbage, refuse or recyclable
materials which are intended for collection by the City or private
garbage, refuse or recyclable materials hauler without the express
authority of the City. Nothing in this Section shall limit the ability
of a person in the business of garbage, refuse or recyclable materials
collection from fulfilling collection contracts.
A.
The City Administrator shall make, amend, revoke, and enforce reasonable
and necessary rules and regulations governing, but not limited to:
1.
Collection and disposal of solid waste;
2.
Schedules of and routes for collections of solid waste;
3.
Collection points of City-issued trash carts;
4.
Specifications for City-issued trash carts, including the type,
composition, equipment, size, and shape thereof;
5.
Identification of City-issued trash carts and of the covers
thereof and of equipment thereto appertaining, if any;
6.
Weight limitations on the combined weight of City-issued trash
carts and the contents thereof and weight and size limitations on
bundles of solid waste too large for City-issued trash carts;
7.
Sanitation, maintenance, and replacement of City-issued trash
carts;
8.
Processing facilities and fees for the use thereof;
9.
Disposal facilities and fees for the use thereof;
10.
Records of quantity and type of wastes received at processing
and/or disposal facilities;
11.
Handling of special wastes such as toxic waste, sludges, ashes,
agriculture, construction, bulky items, tires, automobiles, oils,
greases, etc.
B.
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.
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.
A.
It is unlawful for any person to:
1.
Deposit solid waste in any City-issued trash cart other than
his/her own with the intent of avoiding payment of the service charge
hereinafter provided for solid waste collection and disposal;
2.
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;
3.
Dispose of solid waste at any facility or location which is
not approved by the City and the Missouri Division of Health;
4.
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.
A.
The occupant of every dwelling unit and of every approved commercial
property or business establishment producing solid waste within the
corporate limits of the City shall utilize the City-issued trash carts.
B.
The occupant of every dwelling unit and of every approved commercial
property or business establishment shall place all solid waste to
be collected in City-issued trash carts. All City-issued trash carts
shall be stored in or near the residential dwelling on the residential
property and off of the City right-of-way and in such a manner that
such City- issued trash carts shall not become unsightly or a public
nuisance.
C.
All residential City-issued trash carts shall be placed at the curb,
edge of roadway, or alley no earlier than 5:00 P.M. on the day prior
to the day of collection and removed on the same day as collection
within a reasonable time. Except as elsewhere provided for in this
Chapter, City-issued trash carts shall be placed as follows for proper
collection and handling:
1.
Streets/Roadways/Alleys. Carts will be placed off the roadway
and within three (3) feet of the edge; if an alley is present at the
property, the cart must be placed in the alley and within three (3)
feet of the edge of the driving surface.
2.
Approved Special Hardship. As directed by the City staff.
D.
All City-issued trash carts utilized by commercial businesses shall
be placed upon private property, accessible for collection and in
a well-drained area unless the owner shall have been granted permission
from the City to use public property for such purposes. All commercial
solid waste producers, by contracting with the City, shall have been
deemed to authorize the City to enter upon their private property
to collect solid wastes.
E.
The contents of all City-issued trash carts shall be kept in such
condition that they can, at all times, be readily and fully removable
by the City or the authorized collector.
F.
Solid waste containers which are not City issued will not be collected.
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 for 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.
a.
The City may, at its discretion, provide complete or limited
commercial solid waste collection by contract or otherwise.
b.
The City may, at its discretion, provide commercial solid waste
collection services upon specific application of the owners or person
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 from premises to which collection services are provided
by the City shall be collected except bulky rubbish as defined herein.
All solid waste must be placed inside a City- issued trash cart. All
solid waste collected shall, upon being loaded into collected equipment,
become the property of the collection agency.
C.
All solid waste shall fit in the City-issued trash cart in order
to be picked up. Solid waste in other containers or placed outside
the cart will not be picked up; cardboard boxes should be broken down
and placed beside the cart. All garbage and solid waste must be placed
in bags within the cart.
D.
Property owners or occupiers may provide for the cleanup and maintenance
of their property by cutting tree limbs, brush, vegetation, and other
related items. Tree limbs and yard wastes shall be placed at the curb
or alley for collection with submitted online work order.
E.
Bulky rubbish shall be collected by online bulk work order.
F.
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 (with approved application) 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.
G.
The collection frequencies for collection of solid waste within the
City shall be established by the City Administrator.
H.
Residential City-issued trash carts shall be stored upon the residential
premises in or near the residential dwelling on the residential property
and off of the City right-of-way and in such a manner that such City-issued
trash carts shall not become unsightly or a public nuisance. Commercial
City- issued trash carts shall be stored upon private property unless
the owner shall have been granted permission from the City to use
public property for such purposes. The storage site shall be well
drained and fully accessible to collection equipment, public health
personnel, and fire inspection personnel.
I.
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.
A.
Solid waste 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.
B.
All materials within the solid waste disposal system shall be disposed
of only in a manner that complies with all local, state, and Federal
laws and regulations. Any person, firm, or corporation disposing of
waste in violation of local, state, or Federal laws or regulations
shall, in addition to any other fines, be punished under the Desloge
City Code.
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 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.
B.
No such permit shall be issued until and unless the applicant therefor,
in addition to all other requirements set forth, shall file and maintain
with the City Administrator 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 five hundred thousand dollars ($500,000.00)
for each person injured or killed, and in the amount of not less than
one million dollars ($1,000,000.00) in the event of injury or death
to two (2) or more persons in any single accident, and in the amount
of not less than one hundred thousand dollars ($100,000.00) for damage
to property. Such policy may be written to allow the first two thousand
dollars ($2,000.00) of liability for damage to property to be deductible.
Should any such policy be canceled, the City Administrator shall be
notified of such cancellation by the insurance carrier in writing
not less than ten (10) days prior to the effective date of such cancellation,
and provisions to that effect shall be incorporated in such policy,
which shall also place upon the company writing such policy the duty
to give such notice.
C.
Each applicant for any such permit shall state in his application
therefor:
1.
The nature of the permit desired, as to 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;
3.
The number of solid waste 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 City Administrator.
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 Chapter, the City Administrator 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 to be operated and a fee of twenty-five dollars ($25.00)
for each collection vehicle to be used. If, in the opinion of the
City Administrator, 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 City Administrator shall notify
the applicant in writing, setting forth the modification to be made
and the time in which it shall be done.
E.
If the applicant does not make the modifications pursuant to the notice in Subsection D of this Section within the time limit specified therein, or if the application does not clearly show that the collection, transportation, processing or disposal of solid wastes will create no public health hazard or be without harmful effects on the environment, the application shall be denied and the applicant notified by the City Administrator in writing, stating the reason for such denial. Nothing in this Section shall prejudice the right of the applicant to reapply, after the rejection of his application, provided that all aspects of the reapplication comply with the provisions of this Chapter.
F.
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 Chapter shall be transferable from person to person.
G.
In order to insure compliance with the laws of this state, this Chapter
and the rules and regulations authorized herein, the City Administrator
is authorized to inspect all phases of solid waste improvement 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,
processing or disposal of solid waste or the laws of the State of
Missouri, the City Administrator 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.
H.
In all cases, when the corrective measures have not been taken within
the time specified, the City Administrator shall suspend or revoke
the permit or permits 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 the original time period may be given.
I.
All motor vehicles operating under any permit required by this Chapter
shall display the number or numbers on each side in colors which contrast
with that vehicle, such numbers to be clearly legible and not less
than twelve (12) inches high. Each permit for processing or disposal
facilities shall be prominently displayed at the facility.
J.
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.
The City may require at its discretion that performance and
payment bonds be provided by independent commercial or residential
solid waste collectors and processing or disposal facilities.
A.
Collection Fee Per Unit. A monthly garbage and solid waste collection
fee shall be charged to each residential and approved commercial unit,
including apartments and mobile homes, within the City except that
a commercial development or location or a residential complex of more
than three (3) units may apply for a collection exclusion as provided
in this Chapter.
B.
Residential Collection Fee. All residential users within the City
shall pay a monthly garbage and solid waste collection fee as established
by the Board of Aldermen and on file with the City Clerk. Residential
users electing to utilize two (2) City-issued trash carts for their
weekly refuse service shall pay a one-time non-refundable cost of
eighty-five dollars ($85.00) and a monthly garbage and solid waste
collection fee in the same monthly amount as the commercial single
collection fee.
C.
Commercial Single Collection Fee. All commercial users within the
City whose garbage and solid waste generation requires no more than
weekly pickup shall pay a monthly garbage and solid waste collection
fee as established by the Board of Aldermen and on file with the City
Clerk. Commercial users electing to utilize two (2) City-issued trash
carts for their weekly refuse service shall pay a one-time non-refundable
cost of eighty-five dollars ($85.00). To be eligible for commercial
collection, all garbage must fit into no more than two (2) City-issued
trash carts per pickup.
D.
Joint Residential And Commercial. Given the limited volume of garbage
and solid waste residential-based businesses typically generate, a
property that is used jointly for residential and commercial purposes
shall be billed at the residential rate. The City reserves the right
to review garbage and solid waste usage for joint residential and
commercial property. In the event the usage exceeds normal or expected
residential amounts, then the City may charge for garbage and solid
waste service at the commercial rate. This decision shall be made
by the City Administrator only after a thorough, longitudinal review
and not based on single or sporadic incidents.
E.
Automatic Cost-Of-Living Garbage And Solid Waste Collection Fee Adjustment. The rates for Subsections B, C and D of this Section shall be adjusted yearly and shall be effective on April 1 of each year. The yearly adjustment shall be an increase based on a cost-of-living increase, annual CPI (Consumer Price Index) or appropriate percentage per year over and above the amount applicable to the previous year. The modified garbage and solid waste collection fees shall not be made a part of this Code of Ordinances but shall be part of the City budget and approved by the Board of Aldermen each year. The modified garbage and solid waste collection fee schedule shall be maintained in the office of the City Clerk for inspection by the public.
A.
Garbage and solid waste collection fees shall be terminated upon
presentation of satisfactory proof to the City Administrator or his
designee that any premises are unoccupied, and the fees shall be commenced
automatically upon renewed occupancy thereof.
B.
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 legal
action against the property owner or 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.
C.
The fees herein provided for are imposed on a per-unit basis upon
the premises receiving such services under the provisions of this
Chapter. The billing therefor shall be made to the person contracting
for City services. Fees shall be payable to the department empowered
to collect fees imposed by the City.
D.
The City may, in its sole discretion, terminate commercial users
whose amount of garbage and solid waste regularly exceeds the City's
reasonable capacity to pick up or whose logistical or physical arrangement
is not conducive to safe and efficient collection by the City. This
decision shall be made by the City Administrator only after a thorough,
longitudinal review and not based on single or sporadic incidents.
Upon termination, those users shall be required to contract with a
dumpster or major receptacle collection system provider.
E.
Residential customers whose amount of garbage and solid waste regularly
exceeds the volume of a City-issued trash cart will be contacted by
Public Works staff. At that time users may voluntarily upgrade to
two (2) carts or otherwise reduce their volume accordingly.
F.
Collection fees will be charged as a flat fee per collection period
and shall not be prorated for a partial period.
A.
Upon application for refuse services by an occupant or owner of residential
property or commercial property, the City will provide for tree limb
and brush removal.
B.
This service shall be for the normal cleanup, maintenance, and removal
of tree limbs and brush derived from the property. It shall not apply
to lot clearing, site preparation for development, utility right-of-way
clearing and maintenance, or other major projects.
C.
Stumps, root wads, etc., will not be picked up. There will be no
diameter restriction; however, limbs, brush, and logs shall be no
longer than five (5) feet in length. Place all yard waste parallel
within three (3) feet to street or alley, clear of all obstructions.
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 day's violation thereof shall be a separate offense for the purpose
hereof.
If any section, sentence, clause, phrase, or portion of this
Chapter shall, or any reason, be held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions hereof.
A.
The City shall publish a schedule of monthly charges for solid waste
collection approved by the Board of Aldermen, from time to time, by
separate ordinance.
B.
C.
All replacement carts are a one-time fee of eighty-five dollars ($85.00).
D.
The City shall review the prescribed solid waste collection rates
and minimum charge rates annually and revise same as necessary to:
1.
Ensure that the system generates adequate revenues to pay for
the operation and maintenance of the solid waste department, including
salaries, wages and benefits, and the cost of all materials and supplies
necessary for repairs, replacements and upgrades to the Department.
2.
Pay interest charges and principal payments on all solid waste
loans and bonds as they are due.
3.
Provide adequate fiscal coverage as prescribed by any covenants
of all solid waste loans and bonds.
