[R.O. 2008 § 245.010; R.O. 2007
§ 245.010; CC 1978 § 235.010; Ord. No. 4434 § 1, 11-18-2002]
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 and State air pollution control agencies.
Non-putrescible solid wastes consisting of 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 O'Fallon, Missouri.
Removal of solid waste from its place of storage to the transportation
vehicle.
Waste materials from the construction or destruction of residential,
industrial or commercial structures.
The City Administrator shall designate the Director of Environmental
Services to serve as the Director of the Solid Waste Management Program
of the City.
Disposable plastic or paper sacks with a capacity of 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.
Any waste or combination of wastes, as determined by the
Commission by rules and regulations, which, because of its quantity,
concentration, or physical, chemical or infectious characteristics,
may cause or significantly contribute to an increase in mortality
or an increase in serious irreversible, or incapacitating reversible,
illness, or pose a present or potential threat to the health of humans
or the environment.
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 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.
Garbage, refuse and other discarded materials including,
but not limited to, solid and semisolid waste materials resulting
from industrial, commercial, agricultural, governmental and domestic
activities, but does not include hazardous waste as defined in Sections
260.360 to 260.432, RSMo., recovered materials, overburden, rock,
tailings, matte, slag or other waste material resulting from mining,
milling or smelting.
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 disposition of solid waste by man.
The entire solid waste system of storage, collection, transportation,
processing and disposal.
Solid waste that requires special handling, i.e., hazardous
waste, derelict automobiles and dead animals.
Keeping, maintaining or storing solid waste from the time
of its production until the time of its collection.
Leaves, grass clippings, yard and garden vegetation and Christmas
trees. The term does not include stumps, roots or shrubs with intact
root balls.
Refrigerators, washing machines, stoves, freezers, driers,
etc.
[R.O. 2008 § 245.020; R.O. 2007
§ 245.020; CC 1978 § 235.020; Ord. No. 480 § 2, 9-17-1974; Ord.
No. 4434 § 2, 11-18-2002; Ord. No. 4579 § 1, 10-15-2003; Ord. No. 5515 § 1, 10-22-2009]
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.
All single-family, two-family and attached
single-family residential dwelling units shall be served by the City's
trash service. Residential solid waste for collection by the City
shall be stored in containers of not more than ninety-six (96) gallons
supplied by the City. The City reserves the right to specify other
storage methods. The City shall not collect solid waste from any containers
other than those supplied by the City. All containers shall be leak-proof,
water-proof 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.
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 245.050.
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.
F.
Yard wastes shall be stored in containers
or biodegradable paper bags so constructed and maintained so as to
prevent the dispersal of wastes placed therein upon the premises served,
upon adjacent premises or upon adjacent rights-of-way. The weight
of any individual container and contents shall not exceed sixty (60)
pounds.
G.
Owners of solid waste containers which
are not approved by the Coordinator will be notified that containers
must meet City specifications.
[R.O. 2008 § 245.030; R.O. 2007
§ 245.030; CC 1978 § 235.030; Ord. No. 480 § 3, 9-17-1974; Ord.
No. 4434 § 3, 11-18-2002]
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. 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 in a
manner approved by the City.
B.
All solid waste from premises to which
collection services are provided by the City shall be collected, except
bulky rubbish as defined herein; provided, however, that bulky rubbish
will be collected if tied securely in bundles not exceeding reasonable
limitations of weight and bulk to be fixed by regulations to be made
and promulgated by the Director as hereinafter provided. All solid
waste collected shall, upon being loaded into transportation equipment,
become the property of the collection agency.
C.
Tree limbs and yard wastes, as described in Section 245.020(E) and (F) 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 as near as possible to driveway for collection. Any solid waste containers, tree limbs, yard 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, employed by the
City or a solid waste collection agency operating under contract with
the City, are hereby authorized to enter upon private property for
the purpose of collecting solid waste therefrom as required by this
Chapter. Solid waste collectors shall not enter dwelling units or
other residential buildings for the purpose of collecting residential
solid waste. Commercial solid waste may be removed from within commercial
establishments upon written request of the owner and approval by the
Director.
F.
All residential solid waste shall be collected
once weekly.
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, fully accessible
to collection equipment, public health personnel and fire inspection
personnel.
H.
Solid waste collectors, employed by the City 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 stored is in compliance with Section 245.020 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.
[R.O. 2008 § 245.040; R.O. 2007
§ 245.040; CC 1978 § 235.040; Ord. No. 480 § 4, 9-17-1974]
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 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, 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.
[R.O. 2008 § 245.045; R.O. 2007
§ 245.045; Ord. No. 4893 § 1, 8-16-2005]
Non-City of O'Fallon, Missouri waste haulers are hereby prohibited from collection bulky rubbish, demolition and construction waste, garbage, refuse, solid waste, yard wastes and white goods (as those terms are defined in Section 245.010 of the Code of the City of O'Fallon, Missouri) in the City of O'Fallon, Missouri except between the following hours:
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October 1 – May 31
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7:00 A.M. to 7:00 P.M.
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June 1 – September 30
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6:00 A.M. to 8:00 P.M. Monday –
Friday
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7:00 A.M. to 8:00 P.M. Saturday and
Sunday
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[R.O. 2008 § 245.050; R.O. 2007
§ 245.060; CC 1978 § 235.060; Ord. No. 480 § 7, 9-17-1974]
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 points of solid waste
containers.
9.
Collection, transportation, processing
and disposal of solid waste.
10.
Processing facilities and fees for
the use thereof.
11.
Disposal facilities and fees for
the use thereof.
12.
Records of quantity and type of wastes
received at processing and/or disposal facilities.
13.
Handling of special wastes such as
toxic wastes, sludges, ashes, agriculture, construction, bulky items,
tires, automobiles, oils, greases, etc.
B.
The City Collector or 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 of the City.
[R.O. 2008 § 245.060; R.O. 2007
§ 245.070; CC 1978 § 235.070; Ord. No. 480 § 8, 9-17-1974]
A.
It shall be unlawful for any person to:
1.
Deposit solid waste in any solid
waste container other than his/her own, without the written consent
of the owner of such container and/or, with the intent of avoiding
payment of the service charge hereinafter provided for solid waste
collection and disposal;
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;
3.
Burn solid waste unless an approved
incinerator is provided or unless a variance has been obtained from
the appropriate air pollution control agency;
4.
Dispose of solid waste at any facility
or location which is not approved by the City and the Missouri Division
of Health;
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.
6.
Dispose of any items in violation
of any provisions of Chapter 260, RSMo.
[R.O. 2008 § 245.070; R.O. 2007
§ 245.080; CC 1978 § 235.080; Ord. No. 480 § 9, 9-17-1974; Ord.
No. 4434 § 4, 11-18-2002; Ord. No. 4579 § 2, 10-15-2003; Ord. No. 4662 § 1, 6-1-2004; Ord. No. 4785 § 1, 3-15-2005; Ord. No. 4925 § 1, 11-16-2005; Ord. No. 5349 § 1, 7-10-2008; Ord. No. 5424 § 1, 2-12-2009; Ord. No. 5515 § 2, 10-22-2009; Ord. No. 5632 § 1, 10-28-2010; Ord. No. 5755 § 1, 12-8-2011; Ord. No. 5930 § 1, 8-22-2013; Ord. No. 6096 § 1, 5-14-2015; Ord. No. 6162 § 1, 12-10-2015; Ord. No. 6644, 1-9-2020]
A.
There is hereby imposed, for the collection
and disposal of solid waste and for the improvement of the general
public health and environment, a service charge for each dwelling
unit and to which such service shall be provided under the provisions
of this Chapter as follows:
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Service
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Monthly Rate
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|---|---|
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Basic service for resident
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$11.48
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Basic service for non-resident
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$22.96
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Extra service for resident
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$16.48 (64 gal. cart)
$19.48 (96 gal. cart)
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Extra service for non-resident
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$27.96 (64 gal. cart)
$30.96 (96 gal. cart)
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Basic service with yard waste service
resident
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$17.11
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Basic service with yard waste service
non-resident
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$34.22
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Extra service with yard waste service
resident
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$22.11 (64 gal. cart)
$25.11 (96 gal. cart)
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Extra service with yard waste service
non-resident
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$39.22 (64 gal. cart)
$42.22 (96 gal. cart)
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Basic service for HOAs
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$11.48
|
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Extra service for HOAs
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$16.48 (64 gal. cart)
$19.48 (96 gal. cart)
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Bulky rubbish service for resident
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$20.00
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Bulky rubbish service for non-resident
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$30.00
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White goods service for resident
(appliances)
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$20.00
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White goods service for non-resident
(appliances)
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$30.00
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Cart exchange (for cleaning only)
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$15.00
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Home based business
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$18.00 per trash cart; $9.00 per
recycle cart
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Commercial rate with cart service
only
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$18.00 per trash cart; $9.00 per
recycle cart
|
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Definitions. For purposes of the
charges set out above, the following terms shall mean as follows:
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BASIC SERVICE WITH YARD WASTE SERVICE
— Same as basic service for recycling and refuse with once weekly
collection of yard waste (March through December). This is billed
January through December.
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EXTRA SERVICE WITH YARD WASTE SERVICE
— Same as basic service for recycling and refuse with an additional
refuse container (in lieu of twice weekly refuse service) including
once weekly collection of yard waste (March through December). This
is billed January through December.
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B.
The City may bill for services on a monthly,
bi-monthly, quarterly or other periodic basis, based on the rates
set forth above, and may combine bills for solid waste services with
bills for City water and/or sewer services provided to the same location.
If such unified billing is adopted, the City Administrator shall adopt
a policy to establish the sequence of the services being billed to
which partial payments shall be applied.
C.
The City Administrator, in coordination
with the departments of environmental services and finance, may adopt
administrative procedures to bill, receive, account for and enforce
collection of all charges and may fix a reasonable time when payments
shall be due, assess and collect reasonable fees, charges for late
payment, returned checks, rejected payments, and other collection
measures, including interest thereon at the rate allowed by law. Service
may be discontinued for non-payment of any fees or charges and restoration
of service may be withheld until all obligations owed to the City
are satisfied.
D.
Collection of solid waste shall be deemed
to be furnished to both the occupant and owner of all dwelling units
receiving service, and the occupant and owner of such establishments
shall be severally and jointly liable to the City for payments of
the charges.
E.
The service and service charge shall be
suspended upon presentation of satisfactory proof to the Director
that any such dwelling unit or establishment is unoccupied and shall
be commenced upon renewed occupancy thereof.
F.
A discount equivalent to fifteen percent
(15%) of the total monthly rate (not including late fees, penalties,
interest, returned check fees, payment cancellation fees, collection
costs, etc.) is available to individual residential customers (but
not HOAs or other customers) upon proof that he/she is either over
the age of sixty-five (65), or a veteran of the United States Armed
Forces with a service-connected disability of at least twenty-five
percent (25%). Proof of age must be in the form of a driver's license,
State identification card, passport, or other government-issued ID
issued by a government within the United States. A service disability
must be verified by the United States Department of Veterans Affairs.
G.
Customers receiving a bill from the City
for basic residential solid waste collection shall be given the opportunity
to designate a voluntary contribution of one dollar ($1.00), three
dollars ($3.00) or five dollars ($5.00) that shall become the amount
due from the customer and payable as that customer's bill, and the
voluntary contribution will be donated to a not-for-profit organization
designated by the City. The terms for such contribution shall be set
forth in an agreement executed between the City and the designated
not-for-profit organization(s) and kept on file with the City Clerk.
The designated not-for-profit organization(s) may change without notice
to the customer.
[R.O. 2008 § 245.080; R.O. 2007
§ 245.090; CC 1978 § 235.090; Ord. No. 480 § 10, 9-17-1974]
Any person violating any of the provisions of this Chapter or any lawful rules or regulations promulgated pursuant thereto, upon conviction, shall be punished as set out in Section 100.010 of this Code.
[R.O. 2008 § 245.090; Ord. No. 6162 § 2, 12-10-2015]
A.
Security deposits for trash service shall
be as follows:
[Ord. No. 6312 § 1, 1-26-2017]
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Residential trash and/or yard waste
service
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$50.00
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Commercial, business and/or industrial
trash-only service
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$50.00
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A maximum combined deposit that may be collected from a utility customer which includes deposits within this Section 245.090(A) and deposits referenced in Chapter 700, Public Utilities, Section 700.200(A), Water and Sewer Security Deposits, is a maximum of $150.00.
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B.
Security deposits shall be paid prior to
the initiation and start of service, or the City may, at its option,
add security deposits to the customer's trash service bill. Unpaid
deposits may result in service disconnection. Deposits shall be held
without interest and are held to be applied to the final bill and
any accumulated fees or charges until the customer has twenty-four
(24) consecutive months of timely payment.
For purposes of this Section, "timely
payment" is no more than one (1) late payment for assessed fee penalty
for late or delayed payment, no returned check, no rejected payment,
no discontinuation of service, etc.
Security deposits may be transferred
and applied to a new location, at the City's discretion, when a customer
relocates within the City's service area.
C.
All security deposits shall be maintained
in a separate account. No interest shall be paid on security deposits.
D.
Liability Of Owner Of Multi-Unit Establishment.
The owner of any multi-unit establishment containing two (2) or more
units shall be considered the customer and user of trash service furnished
to all units in the establishment and liable for the payment of deposit
and service bills therefor.
[R.O. 2008 § 245.100; Ord. No. 6732, 11-12-2020; Ord. No. 6918, 6-23-2022; Ord. No. 7046, 9-28-2023]
A.
The service fees for roll-off service are
established as follows beginning January 1, 2024:
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Residential Rental Containers:
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|---|---|
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The rates below include drop off/pick-up/net weight up to 4
tons (includes 7 days) for trash loads or drop off/pick up including
disposal costs (includes 7 days) for yard waste loads.
| |
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10-yard container
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$320.00
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20-yard container
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$335.00
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30-yard container
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$355.00
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40-yard container
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$375.00
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Additional net weight over 4 tons (trash loads)
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$45.00/ton
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Additional days after initial 7 calendar days
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$45.00/day
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B.
Roll-off containers may be used for solid
waste or yard waste disposal. Yard waste cannot be mixed with solid
waste in the same box.
C.
It is prohibited to deposit certain solid
waste into roll-off containers for City collection as described in
Section 6.4 of the MoDNR Permit #418303 for the O'Fallon Waste Transfer
Station except for demolition and construction waste which is permissible.
Prohibited items, include, but are not limited to:
D.
It shall be prohibited to deposit solid
waste in roll-off containers above the top of the container or the
designated level.
E.
Roll-off containers cannot be placed on
private property without a signed waiver from the property owner or
designee.
F.
The fee includes delivery, pickup and up
to four (4) tons of material (trash loads only). Additional weight
is charged at the per ton rate noted above.
G.
The disposal of appliances as part of this
roll-off service is not allowed. If appliances are found to be in
a load, the fees below are in addition to the base rate for the container
and will be added to the billing for the service. The charge is twenty
dollars ($20.00) for each appliance.
