State Law Reference — Authority to provide for disposal
of garbage, trash, RSMo. §§ 71.680, 71.690.
[Ord. No. 646 §1, 6-21-1977]
For the purpose of this Chapter, the following terms shall be
deemed to have the meaning indicated below:
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 Rock Port, Missouri.
Removal of solid waste from its place of storage to the transportation
vehicle.
Those items which are accepted by the City of Rock Port,
Missouri, at the compost site. Compost is a dark, crumbly, earth-smelling
form of decomposing organic matter. Compost includes yard waste such
as grass clippings, leaves of any type, and yard and garden vegetation,
also called humus.
[Ord. No. 1144 §1, 9-17-2014]
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 authorized representative.
Disposable plastic or paper sacks with a capacity of twenty
(20) 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, 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.
Including, but not limited to, pathological wastes, explosive
wastes, pesticides, pesticide containers, toxic or radioactive materials.
The depositing, placing, or disposing of materials at the
City compost site or City brush site that are not included on the
list of acceptable items to be disposed of at the City compost site
and/or the City brush site, respectively.
[Ord. No. 1144 §1, 9-17-2014]
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 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 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.
Unwanted or discarded waste materials in a solid or semi-solid
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.
Commercial Solid Waste: Solid waste resulting
from the operation of any commercial, industrial, institutional or
agricultural establishment, and multiple housing facilities with more
than ______ dwelling units.
Residential Solid Waste: Solid waste resulting
from the maintenance and operation of dwelling units, excluding multiple
housing facilities with more than _______ dwelling units.
Receptacle used by any person to store solid waste during
the interval between solid waste collections.
The process of discarding or getting rid of unwanted material.
In particular the final deposition of solid waste by man.
The entire solid waste system of storage, collection, transportation,
processing and disposal.
Keeping, maintaining or storing solid waste from the time
of its production until the time of its collection.
The transporting of solid waste from the place of collection
or processing to a solid waste processing facility or solid waste
disposal area.
Grass clippings, leaves, tree trimmings.
[Ord. No. 646 §2, 6-21-1977]
A.
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.
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 of not more than thirty-five
(35) gallons, nor less than twenty (20) gallons in nominal capacity.
Containers shall be leakproof, waterproof, and fitted with a fly-tight
lid and shall be properly covered at all times except when depositing
waste therein or removing the contents thereof. The containers shall
have handles, bails or other suitable lifting devices or features.
Containers shall be of a type originally manufactured for residential
solid waste, with tapered sides for easy emptying. They shall be of
light weight and sturdy construction. The weight of any individual
container and contents shall not exceed seventy-five (75) pounds.
Galvanized metal containers, or rubber, fiberglass, or plastic containers
which do not become brittle in cold weather, may be used. Disposable
solid waste containers with suitable frames or containers as approved
by the Director may also be used for storage of residential solid
waste.
D.
Commercial solid waste shall be stored in solid waste containers as approved by the Director. The containers shall be water proof, leak proof 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 215.070.
E.
Tree
limbs less than four inches (4") in diameter and brush shall be securely
tied in bundles not larger than forty-eight inches (48") long and
eighteen inches (18") in diameter when not placed in storage containers.
The weight of any individual bundle shall not exceed seventy-five
(75) pounds.
F.
Yard
wastes shall be stored in containers so constructed and maintained
as to prevent the dispersal of wastes placed therein upon the premises
served, upon adjacent premises, or upon adjacent public rights-of-way.
The weight of any individual container and contents shall not exceed
seventy-five (75) pounds.
G.
Solid
waste containers which are not approved will be collected together
with their contents and disposed of.
[Ord. No. 646 §3, 6-21-1977]
A.
The
City shall provide for the collection of all 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.
B.
All
solid waste from premises to which collection services are provided
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 transportation equipment, become the property of the collection
agency.
C.
Tree limbs and yard wastes, as described in Sections 215.020 E and F respectively, shall be placed at the curb or alley 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 alley or at such other convenient place agreeable to the collection agency. All solid waste containers, tree limbs, yards wastes, or other solid waste permitted by this Chapter to be placed at the curb or alley for collection shall not be so placed until the regularly scheduled collection day.
D.
Bulky
rubbish shall be collected by request to the Director. The Director
shall establish the procedure for collecting bulky rubbish.
E.
Solid
waste collectors, 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. Commercial solid waste may be removed from within
commercial establishments upon written request of the owner and approval
by the Director.
F.
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 one hundred twenty (120)
hours shall intervene between collections. All commercial solid waste
shall be collected at least once weekly as may be fixed by the Director
or requested by the commercial establishment upon a determination
that such lesser intervals are necessary for the preservation of the
health and/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 purpose. The storage site shall
be well drained; fully accessible to collection equipment, public
health personnel and fire inspection personnel.
H.
Solid waste collectors, or a solid waste collection agency operating under contract with the City, shall be responsible for the collection of solid waste from the point of collection to the transportation vehicle, provided the solid waste was stored in compliance with Sections 215.020 C, D, E and F of 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.
[Ord. No. 646 §4, 6-21-1977]
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 road or 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.
[Ord. No. 646 §5, 6-21-1977]
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 of 1972, Sections 260.200 to 260.245, RSMo.,
1973 Supplement and the rules and regulations adopted thereunder.
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. 646 §6, 6-21-1977; Ord. No. 756, 12-1-1987]
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 Director 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 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 one hundred thousand dollars ($100,000.00)
for damage to property. Such policy may be written to allow the first
one hundred dollars ($100.00) of liability for damage to property
to be deductible. Should any such policy be cancelled, 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 in 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
the following:
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 transportation vehicles to be operated
thereunder;
4.
Such other information as required by the Director; and
5.
Each applicant shall file and maintain with the Director evidence
of Workmen's Compensation Insurance Policy in compliance with requirement
for the State of Missouri.
D.
Before
any permit is issued for the collection and transportation of solid
wastes applicants shall submit bids to the City for the handling of
such solid wastes at such times as may be fixed by the City, which
said bids shall be based upon the proposed charge to be made for the
collection, transportation and disposal of said solid wastes of each
residential owner or occupant and the fee to be charged as set forth
in said bid shall be collected from each residential owner or occupant
of the premises. The charge to be made and collected for the collection,
transportation and disposal of solid wastes of institutional, commercial
or business establishments shall be done on a contractual basis between
the applicant and each institutional, commercial or business establishment
and at such times or intervals as may be mutually agreed upon.
E.
No
permit shall be issued to any applicant unless it appears to the Director
that such collection, transportation, process or disposal of solid
waste will not be hazardous to the public health or damage to the
environment and that it is in conformity to the laws of the State
of Missouri and this Chapter. The permit shall be issued for a period
of one (1) year, and each applicant shall pay therefor a fee of $_____________
for each solid waste or disposal facility. 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.
F.
If the applicant does not make the modifications pursuant to the notice in Subsection E above, 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 application, provided that all aspects of the reapplication comply with the provisions of this Chapter and he has complied with the other provisions of this Chapter.
G.
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 of
Rock Port. 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 of the laws of the State of
Missouri, the Director shall issue a 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.
H.
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. In those cases, however, where
an extension of the time will permit correction and there is no public
health hazard created by the delay, one extension of time not to exceed
the original time period may be given.
I.
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 Board of Aldermen
of the City of Rock Port in writing, setting forth in a concise statement
the act being appealed and the grounds for its reversal.
[Ord. No. 646 §7, 6-21-1977]
A.
The
Director shall make, amend, revoke and enforce reasonable and necessary
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, transportation, processing and disposal of solid waste.
9.
Collection points of solid waste containers.
10.
Handling of special wastes such as toxic wastes, sludges, ashes,
agriculture, construction, bulky items, tires, automobiles, oils,
greases, etc.
|
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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.
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[Ord. No. 646 §8, 6-21-1977]
A.
It
shall be unlawful for any person to:
1.
Deposit solid waste in any solid waste container other than his own,
without the written consent of the owner of such container and/or,
with the intent of avoiding payment of the service charge as herein
provided, for solid waste collection and disposal;
2.
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 contract with the City;
4.
Dispose of solid waste at any facility or location which is not approved
by the City and the Missouri Department of Natural Resources;
5.
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.
[Ord. No. 646 §9, 6-21-1977]
Any person violating any of the provisions of this Chapter or
any lawful regulations or rules 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.
[Ord. No. 1144 §2, 9-17-2014]
A.
The City may maintain a compost site for the purpose of accepting
certain compost material. Such compost site shall be clearly marked
and designated for deposit of acceptable material. Those items which
are acceptable are the following:
B.
All items not contained on the above list are unacceptable. By way
of example, but not limitation, the following items shall not be accepted
for deposit at the compost site:
C.
Acceptable compost materials may be deposited only in the designated
compost site. The individual delivering the material shall be responsible
for emptying any bags or containers of compost material at the designated
site. The individual delivering the material must remove from the
site all bags and containers used by said individual.
[Ord. No. 1144 §3, 9-17-2014]
A.
The City may maintain a brush site for the purpose of accepting certain
material. Such brush site shall be clearly marked and designated for
deposit of acceptable material. Those items which are acceptable are
the following:
B.
All items not contained on the above list are unacceptable. By way
of example, but not limitation, the following items shall not be accepted
for deposit at the brush site:
C.
Acceptable materials may be deposited only in the designated brush
site. The individual delivering the material shall be responsible
for emptying any bags or containers of material at the designated
site. The individual delivering the material must remove from the
site all bags and containers used by said individual.
[Ord. No. 1144 §4, 9-17-2014]
A.
Any person violating any of the provisions of Section 215.100 and/or Section 215.110 of this Chapter or any lawful regulations or rules promulgated pursuant thereto, upon conviction, shall be punished by a fine of one hundred dollars ($100.00) for the first offense, a fine of two hundred fifty dollars ($250.00) for the second offense, and a fine of five hundred dollars ($500.00), with the additional possibility of up to ninety (90) days in jail, and a mandatory court appearance for the third offense.
B.
In addition to the imposition of a fine, any person violating the provisions of Section 215.100 or Section 215.110 by dumping illegally at the City compost site shall have no more than twenty-four (24) hours to remove the items that were dumped illegally. Failure to remove items within the allotted time frame shall result in subsequent citations being issued to the violator until the illegal items have been completely removed.
