Cross References — As to mosquito control, ch. 240; as to licenses and business regulations, ch. 605; as to streets and sidewalks, ch. 510; as to utilities, Title VII.
State Law Reference — Garbage and refuse collection and
disposal, §§71.680, 71.690, RSMo.
[R.O. 2007 §14-1; Ord. No. 4789 §2, 1-3-1984; Ord.
No. 6206 §1, 9-8-1999]
For the purposes of this Chapter, the following terms shall
be deemed to have the meaning indicated below, including use elsewhere
in these definitions.
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 authorized
equipment and approved receptacle properly in use at the time of proposed
disposal.
The City of Poplar Bluff, Missouri.
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 City planner or as the City Council otherwise directs.
Disposable plastic or paper sacks with a capacity of thirty
(30) to thirty-five (35) 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 used, or which are
intended to be used, for living, sleeping, cooking and eating.
Any waste or combination of wastes which is determined by
the Department of Natural Resources, pursuant to rules and regulations
adopted by the Hazardous Waste Management Commission, 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 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, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, political
subdivision or organization of any kind or their legal representative,
agent, assigns, successors or fiduciaries.
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
Unwanted or discarded waste materials in a solid or semi-solid
state including, but not limited to, garbage, ashes, household refuse,
street refuse, rubbish, dead animals, animal and agricultural wastes,
discarded appliances, special wastes, trash, industrial wastes and
demolition and construction waste.
COMMERCIAL SOLID WASTESolid waste resulting from the operation of any commercial, industrial, institutional or agricultural establishment.
RESIDENTIAL SOLID WASTE: Solid waste resulting
from the maintenance and operation of dwelling units.
A water-tight, galvanized metal or durable plastic container
equipped with a handle or handles to facilitate lifting and a tight-fitting
lid of a capacity of thirty (30) gallons or less which, when containing
solid waste, shall not weigh in excess of seventy-five (75) pounds.
The process of discarding or getting rid of unwanted material.
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.
[R.O. 2007 §14-2; Ord. No. 4789 §2, 1-3-1984; Ord.
No. 5947 §1, 1-6-1997]
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 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.
B.
The
occupant or owner 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 of not more than thirty
(30) 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 lightweight and sturdy construction. The
weight of any individual container and contents shall not exceed seventy-five
(75) pounds. Galvanized metal containers or rubber, fiberglass or
plastic containers which do not become brittle in cold weather may
be used. Disposal solid waste containers with suitable frames or containers,
as approved by the director, may also be used for storage of residential
solid waste. Commercial type trash receptacles or dumpsters, which
exceed the size and structure specifications contained in this paragraph,
shall be prohibited in residential zoning districts except for use
by multiple-housing facilities containing four (4) or more dwelling
units and except for a period of time not exceeding six (6) months
to allow for the reconstruction, rehabilitation, remodeling or demolition
of a dwelling unit as defined in this Chapter.
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 230.020(C).
E.
Tree limbs less than four (4) inches in diameter and brush shall be securely tied in bundles not larger than forty-eight (48) inches long and eighteen (18) inches in diameter when not placed in storage containers. The weight of any individual bundle shall not exceed seventy-five (75) pounds and shall meet other requirements as set forth by Section 230.020(C).
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.
[R.O. 2007 §14-3; Ord. No. 4789 §2, 1-3-1984; Ord.
No. 4809 §1(a — b), 7-2-1984]
A.
The
City shall license the collection of all residential and commercial
wastes in the City. As more specifically stated hereinafter, any charge
for such licensed collection shall be determined by the properly licensed
collector, without approval or control of the fee charged.
B.
All
solid waste from premises to which collection services are provided
by the City shall be collected, except bulky rubbish as defined herein.
Bulky rubbish will be collected in accordance with the rules and regulations
as stated hereinafter.
C.
Tree limbs and yard wastes, as described in Sections 230.020(E) and (F) shall be placed at the curb or other location designated by the director for collection. Solid waste containers as required by this Chapter for the storage of other residential solid waste shall be placed at the curb or other designated location for collection. Any solid waste containers, tree limbs, yard wastes or other solid waste permitted by this Chapter to be placed for collection shall not be so placed earlier than twenty-four (24) hours prior to the day of the regularly scheduled collection and shall be removed within twenty-four (24) hours after the day of the regularly scheduled collection.
D.
Bulky Rubbish Shall Be Collected Twice Annually. The director
shall establish the procedure for collecting bulky rubbish, consistent
with the provisions stated hereinafter.
E.
Solid
waste collectors licensed by 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 request of the owner. Commercial
containers shall be properly screened from residential areas.
F.
All
commercial and residential solid waste shall be collected at such
intervals as is necessary for the preservation of the health or safety
of the public.
G.
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 and fully accessible to collection equipment, public
health personnel and fire inspection personnel.
H.
Solid
waste collectors, operating under license with the City, shall be
responsible for the collection of solid waste from the designated
pickup location to the transportation vehicle, provided the solid
waste was stored in compliance with the provisions set forth in this
Chapter. Any spillage or blowing litter caused as a result of the
duties of the solid waste collector shall be collected and placed
in the transportation vehicle by the solid waste collector.
[R.O. 2007 §14-4; Ord. No. 4789 §2, 1-3-1984]
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 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 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 material from grading or excavation activities under this
Chapter; 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.
Nothing herein shall be taken to reduce, eliminate or modify other
Chapters in this Code of Ordinances that relate to the removal, hauling
or disposal of earth and rock material from grading or excavation
activities.
C.
Demolition and construction wastes shall be transported to a disposal area as provided in Section 230.050(A). A permit shall not be required for the hauling of demolition and construction waste; however, all such material shall be conveyed in tight vehicles, trucks or receptacles so constructed and maintained that none of the material being transported shall spill upon the public rights-of-way. Nothing herein shall be taken to reduce, eliminate or modify other Chapters in this Code of Ordinances that relate to the removal, hauling or disposal of demolition and construction waste.
[R.O. 2007 §14-5; Ord. No. 4789 §2, 1-3-1984]
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, Sections 260.200 to 260.245, RSMo., and the rules and regulations adopted thereunder. The City may designate the processing or disposal facility to be utilized by persons operating under Section 230.060 of this Chapter, but only if the safety, health and welfare of the citizens of the City mandate such designation. In making such decision, the City may consider the location, availability and economic impact of the disposal facility.
B.
Hazardous
wastes are not addressed under these provisions and will require special
handling and shall be disposed of only in a manner authorized by State
regulations.
[R.O. 2007 §14-6; Ord. No. 4789 §2, 1-3-1984; Ord.
No. 4809 §1(c — d), 7-2-1984; Ord. No. 5228 §1, 12-5-1988; Ord. No. 6163 §1, 4-19-1999]
A.
No
persons shall engage in collecting, transporting, processing or disposing
of solid waste within the corporate limits of the City without first
obtaining a license therefor from the City; provided however, that
this provision shall not be deemed to apply to employees of the holder
of any such 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 director evidence of a satisfactory vehicle liability insurance
policy, covering all vehicles to be operated by the applicant in such
business, in the amount of not less than three hundred thousand dollars
($300,000.00) for each person injured or killed and in the amount
of not less than five hundred thousand dollars ($500,000.00) 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 twenty-five thousand dollars
($25,000.00) for damage to property. Alternatively, an applicant may
obtain a combined single limit policy of not less than five hundred
thousand dollars ($500,000.00) with an umbrella policy covering personal
injury and property damage in an amount not less than one million
dollars ($1,000,000.00). Such policy may be written to allow the first
one thousand dollars ($1,000.00) 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.
C.
Each
applicant for any such license shall state in his/her 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;
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 Chapter, the director may issue the license
authorized by this Chapter. The City Council shall have the authority
to limit the number of 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. In making such
limitation, the Council may take into consideration the economic stability
of any applicant, such applicant's history in business operations
and the applicant's experience in solid waste collection and disposal
or the lack thereof. The license shall be issued for a period of one
(1) year and each applicant shall pay a fee of fifty dollars ($50.00)
for each solid waste processing or disposal facility to be operated
and a fee of five dollars ($5.00) for each transportation vehicle
to be used. If 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.
E.
If the applicant does not make the modifications pursuant to the notice in Section 230.060(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 reapplication comply with the provisions of this Chapter. Nothing in this Section shall prevent the denial of a license should the total number of annual licenses already issued jeopardize the health, safety and welfare of the citizens as provided for in Section 230.060(D).
F.
If, at any time during the twelve (12) month license period, the licensee materially modifies business operations or the licensee's collection vehicles do not meet the requirements of Section 230.040 of this Chapter, the City Council may revoke such license and cause the rebidding of solid waste collection services provided for in Section 230.090 hereof. No licenses authorized by this Chapter shall be transferable from person to person without the prior written consent and approval of the City Council.
G.
In
order to ensure 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, processing
or disposal of solid waste or the laws of the State of Missouri, the
director shall issue notice for each such violation, stating therein
the violation or violations found, the time and date and the correct
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 director shall suspend or revoke the 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 the
original time period, may be given.
I.
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 Chapter 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.
J.
Any
person who feels aggrieved by any notice of violation or order issued
pursuant thereto of the director may, within ten (10) days of the
act for which redress is sought, appeal directly to the Circuit Court
of Butler County, Missouri, in writing, setting forth in a concise
statement the act being appealed and the grounds for its reversal.
Essentially, such writing and action shall be in accordance with Sections
536.063 et seq., RSMo., and as may be amended from time to time.
K.
All
motor vehicles operating under any license required by this Chapter
shall display the licensee's 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 four (4) inches high. Each license issued
for processing or disposal facilities shall be prominently displayed
at the facility.
[R.O. 2007 §14-7; Ord. No. 4789 §2, 1-3-1984; Ord.
No. 4809 §1(e), 7-2-1984]
A.
To
the extent not specifically provided for in this Chapter, 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 solid waste containers;
9.
Collection, transportation, processing and disposal of solid waste;
10.
Processing facilities;
11.
Disposal facilities;
12.
Records of quantity and type of wastes received at processing and/or
disposal facilities;
13.
Handling of special wastes such as sludges, ashes, agriculture, construction,
bulky items, tires, automobiles, oils, greases, etc.
|
|
The City director, in conjunction with the utilities manager,
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.
|
[R.O. 2007 §14-8; Ord. No. 4789 §2, 1-3-1984]
A.
It
shall be unlawful for any person to:
1.
Deposit solid waste in any solid waste container other than his/her
own without written consent of the owner of such container;
2.
Fail to have solid waste collected as provided in this Chapter;
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 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 City and the Missouri Department of Natural Resources;
6.
Engage in collecting, 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;
[R.O. 2007 §14-9; Ord. No. 4809 §1(f), 7-2-1984]
A.
The
City shall cause the expiration of all licenses to collect, transport
and dispose of solid waste to occur on the same day of each year.
B.
The
licensed collectors shall determine the cost of the services the licensed
collector renders.
C.
The
consumer will determine the frequency and fashion of collection as
long as such choice is not contrary to the provisions of this Section.
D.
Nothing
to the contrary herein withstanding, the City may, at any time, determine
that the frequency and fashion of solid waste collection is inadequate
and detrimental to the public health, safety or welfare. In that event,
the City shall determine and direct the appropriate fashion and frequency
for the consumers' disposal of solid waste.
E.
It
shall be unlawful for any person to fail to pay for the collection,
transportation and disposal of solid waste by a licensed provider
of such services.
F.
It
shall be unlawful for any person to fail to contract for the collection,
transportation and disposal of solid waste with a licensed provider
of services except as provided by Statute.
[R.O. 2007 §14-13]
A.
Generally. The owner or occupant of any store or other place
of business situated within the City shall exercise reasonable diligence
at all times to keep his/her premises clean of waste paper, wrapping
paper, paper napkins, cartons, package containers and other used or
waste materials thrown or left on said premises by its customers and
to take reasonable measures to prevent same from drifting or blowing
to adjoining premises.
B.
Receptacle. At least one (1) receptacle of sufficient size
for each five (5) parking spaces shall be placed on the premises accessible
to the customers of such business where the above referred to articles
of waste may be disposed of.
C.
Signs. Each and every business establishment shall place
upon its premises in a conspicuous place or places in close proximity
to the receptacle or receptacles above referred to a sign or signs
which shall, in essence, convey to its customers a request that they
use such receptacles for the disposal of waste material.
[R.O. 2007 §14-14]
It shall be unlawful for any customer going upon the premises
of another to in any manner dispose of waste paper, wrapping paper,
paper napkins, cartons, package containers and other used or waste
materials except in receptacles provided for such purposes.
[R.O. 2007 §14-15; Ord. No. 3469 §1, 8-7-1967]
No person shall place any garbage can or trash can or barrel
on any property belonging to the City or on any public property.
[1]
Cross Reference — As to exemption upon written grant of permission from city, §230.030(G).
[R.O. 2007 §14-16; Ord. No. 3469 §2, 8-7-1967]
No person shall place and no person in possession of real estate
shall allow any garbage or trash cans or barrels to remain in the
front yard of any residence or at any place near the front entrance
to a business establishment unless said cans or barrels are kept within
a wooden, metal or plastic enclosure, which enclosure must be completely
enclosed on all sides.
[R.O. 2007 §14-18; Ord. No. 4789 §2, 1-3-1984]
Nothing in this Chapter shall be deemed to affect, modify, amend or repeal any provision of any ordinance administered by the Butler County Health Department or other department, board, commission or agency of Butler County or the City of Poplar Bluff unless that ordinance is specifically repealed in Section 230.110.
