[R.O. §13.04.010; Ord. No. 5689 §II, 10-5-2006]
For the purposes of this Chapter, the following terms shall have the meanings indicated below:
- APPROVED INCINERATOR
- An incinerator which complies with all current regulations of the Missouri Air Conservation Commission.
- BATTERY OR LEAD-ACID BATTERY
- A battery designed to contain lead and sulfuric acid with a nominal voltage of at least six (6) volts and of the type intended for use in motor vehicles and watercraft.
- BULKY RUBBISH
- All non-putrescible, non-liquid solid wastes, whether combustible or non-combustible, which are either too large or too heavy to be safely and conveniently loaded into vehicles designed for solid waste collection (packer trucks) without additional loading equipment and/or manpower.
- CITY MANAGER OR MANAGER
- The City Manager for the City of Sikeston, Missouri, or his/her designee.
- CLEAN FILL
- Uncontaminated soil, rock, sand, gravel, concrete, asphaltic concrete, cinder blocks, brick, minimal amounts of wood and metal and inert solids as approved by rule or policy of the Department of Natural Resources for fill, reclamation or other beneficial use.
- The pickup and removal of all waste materials as specified herein in a manner and by a method that fully contains all such materials to be delivered to the disposal site, both in loading and transportation phases of the operation.
- A person, firm or corporation with whom the City has contracted for performance of one (1) or more elements of residential and/or commercial solid waste management for the City or a person, firm or corporation licensed by the City to perform one (1) or more elements of residential and/or commercial solid waste management in the City.
- COMMERCIAL WASTE GENERATING UNIT
- Any location or place where business is or could be conducted or any dwelling unit under one (1) roof containing five (5) or more individual residences or any grouping of five (5) or more individual dwelling units offered for rent, regardless of length of stay, operated by any person(s), firm or corporation in the normal pursuit of profit or revenue generation.
- CONSTRUCTION AND DEMOLITION WASTE
- Waste materials from the construction and demolition of residential, industrial, or commercial structures, but shall not include materials defined as clean fill under Section 260.200, RSMo.
- The City Council for the City of Sikeston, Missouri.
- DEMOLITION LANDFILL
- A solid waste disposal area used for the controlled disposal of demolition wastes, construction materials, brush, wood wastes, soil, rock, concrete and inert solids insoluble in water.
- DEPARTMENT OR DNR
- The State of Missouri Department of Natural Resources.
- DISPOSABLE SOLID WASTE CONTAINER
- Disposable plastic or paper sacks with a capacity of twenty (20) gallons to thirty-five (35) gallons specifically designed for storage of solid waste.
- The delivery of solid waste to any appropriate site designed, permitted or licensed by the appropriate State agency(ies) including, but not necessarily limited to, incineration, composting, recycling, baling, shredding, salvaging, compacting, landfill and/or other facility.
- DWELLING UNIT
- Any room or group of rooms within or on any premises and forming a single habitable unit with facilities which are used or intended to be used as a domicile, which may or may not include living, sleeping, cooking and eating.
- The Environmental Protection Agency of the United States Government.
- Waste which includes any of the following: putrescible animal, vegetable or mineral wastes resulting from the handling, preparation, cooking, serving, storage or consumption of food or paper, packaging and other like items which result from routine household living activities.
- HAZARDOUS WASTE
- 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.
- INFECTIOUS WASTE
- Waste in quantities and characteristics as determined by the department by rule and regulation, including the following wastes known or suspected to be infectious: isolation wastes, cultures and stocks of etiologic agents, contaminated blood and blood products, other contaminated surgical wastes, wastes from autopsy, contaminated laboratory wastes, sharps, dialysis unit wastes, discarded biologicals and antineoplastic chemotherapeutic materials; provided however, that infectious waste does not mean waste treated to department specifications.
- MAJOR APPLIANCE
- Clothes washers and dryers, water heaters, trash compactors, dishwashers, microwave ovens, conventional ovens, ranges, stoves, woodstoves, air conditioners, refrigerators and freezers.
- OCCUPANT, RESIDENT OR CUSTOMER
- Any person who alone or jointly or severally with others shall be in the actual possession of any dwelling unit or any other improved real property, either as owner or tenant, receiving solid waste services.
- Any individual, partnership, corporation, association, institution, city, county, other political subdivision, authority, state agency or institution, or federal agency or institution.
- Incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.
- RECOVERED MATERIALS
- Those materials which have been diverted or removed from the solid waste stream for sale, use, reuse or recycling, whether or not they require subsequent separation and processing.
- The separation and reuse of materials which might otherwise be disposed of as solid waste.
- Solid waste:
- 1. COMMERCIAL SOLID WASTE: Solid waste resulting from the operation of any commercial, industrial, institutional or agricultural establishment and multiple-housing facilities with more than five (5) dwelling units.
- 2. RESIDENTIAL SOLID WASTE: Solid waste resulting from the maintenance and operation of dwelling units, excluding multiple-housing facilities with more than five (5) dwelling waste collections.
- RESOURCE RECOVERY
- A process by which recyclable and recoverable material is removed from the waste stream to the greatest extent possible, as determined by DNR and pursuant to DNR standards, for reuse or remanufacture
- SANITARY LANDFILL
- A solid waste disposal area, licensed and permitted by the State of Missouri, which accepts commercial and residential solid waste.
- 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.
- SOLID WASTE CONTAINER
- A receptacle used by any person to store solid waste during the interval between solid waste collections.
- SOLID WASTE MANAGEMENT
- The entire composite solid waste system of storage, collection, transportation, processing and disposal of any waste.
- SOLID WASTE PROCESSING FACILITY
- Any facility where solid waste is salvaged and processed including:
- Keeping, maintaining, storing and depositing for collection of solid waste from its time of production until its time of collection.
- A continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle, trailer or wheels of other machinery.
- The conveying of waste(s) or material(s) collected to an approved disposal site or processing facility, in a legal manner, with proper containment by truck or other appropriate vehicle.
- UTILITY WASTE LANDFILL
- A solid waste disposal area used for fly ash waste, bottom ash waste, slag waste and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels.
- WASTE TIRE
- A tire that is no longer suitable for its original intended purpose because of wear, damage or defect.
- YARD WASTE
- Leaves, grass clippings, yard and garden vegetation and Christmas trees. The term does not include stumps, roots or shrubs with intact root balls.
[R.O. 2009 §13.04.020; Ord. No. 5689 §II, 10-5-2006]
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 shall maintain such solid waste containers at all times and in good repair.
[R.O. 2009 §13.04.030; Ord. No. 5689 §II, 10-5-2006]
The occupant of every dwelling unit and of every institutional, commercial or business, industrial or agricultural establishment shall place all solid waste to be collected in proper solid waste containers and the area surrounding them shall be maintained in a clean, neat and sanitary condition at all times.
Garbage and solid waste to be removed at each collection site shall be limited to the contents of two (2) containers herein described and no more than five (5) plastic bags as herein described (or any combination thereof), together with any container provided by the contractor to any dwelling unit.
[R.O. 2009 §13.04.040; Ord. No. 5689 §II, 10-5-2006]
Storage of any waste between collections shall be the responsibility of the occupant of the premises and said occupant shall likewise have the responsibility of making said waste available and accessible, either in alley or at curbside, for collection with the following requirements and restrictions:
Containers shall be designed for the purpose of waste containment and constructed of galvanized metal, rubber, fiberglass or non-brittle polypropylene, which containers shall have tight-fitting lids of the same or like material.
In containers not exceeding forty (40) gallons or seventy-five (75) pounds loaded gross weight and having handles, bails or other appropriate lifting devices and which shall be leak-proof.
No yard waste (i.e., tree limbs, clippings or grass) will be removed.
Plastic bags. In tied or sealed plastic bags.manufactured for solid waste containment which do not exceed fifty (50) pounds in weight and do not leak.
[R.O. 2009 §13.04.050; Ord. No. 5689 §II, 10-5-2006]
Residential solid waste containers shall be stored upon the residential premises. Commercial solid waste containers shall be stored upon private property unless the owner has 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.
[R.O. 2009 §13.04.060; Ord. No. 5689 §II, 10-5-2006]
Solid waste containers as required by this Chapter for the storage of residential solid waste shall be placed at the curb or alley for collection. Any solid waste containers 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 and empty containers shall not be permitted to remain on the street after they are emptied by the collector.
[R.O. 2009 §13.04.070; Ord. No. 5689 §II, 10-5-2006]
Solid waste containers, bags or bundles not meeting the standards of this Section shall not be required to be collected provided said container(s) is/are tagged with an appropriate tag to be furnished by contractor on a form approved by the City Manager or his/her designee, explaining the containers deficiency and identifying a complaint contract person within the contractor's organization. Plastic bags and/or bundles shall not be required to be collected if they do not comply with the provisions of Section 220.040, provided they are tagged for deficiency.
[R.O. 2009 §13.04.080; Ord. No. 5689 §II, 10-5-2006]
Commercial solid waste shall be stored in solid waste containers as approved by the City Manager or his/her designee. 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 comply with all rules and regulations adopted pursuant to the terms of this Chapter.
[R.O. 2009 §13.04.090; Ord. No. 5689 §II, 10-5-2006]
No tree limbs and/or yard waste shall be collected for disposal at a landfill facility.
[R.O. 2009 §13.04.100; Ord. No. 5689 §II, 10-5-2006]
The City shall provide for the collection of all residential solid waste in the City; provided however, that the City may provide the collection service by licensing one (1) or more private collectors to collect residential solid waste or by contracting with one (1) or more contract collectors, a County or another City or a combination thereof for collection of residential solid waste from the entire City or portions thereof as deemed to be in the best interest of the City.
[R.O. 2009 §13.04.110; Ord. No. 5689 §II, 10-5-2006]
The City shall provide for the collection of commercial solid waste by licensing one (1) or more private collectors to collect commercial solid waste; by contracting with one (1) or more contract collectors to collect commercial solid waste; or by permitting the owners or persons in charge of any establishment or property producing commercial solid waste to provide for collection in compliance with all applicable laws, ordinances and regulations of all solid waste produced upon any such premises.
[R.O. 2009 §13.04.120; Ord. No. 5689 §II, 10-5-2006]
All solid waste collected shall, upon being loaded into collection equipment, become the property of the collection agency.
[R.O. 2009 §13.04.130; Ord. No. 5689 §II, 10-5-2006]
Bulky rubbish shall be collected by contract collector or private collector at the request of the person responsible for it. The fee for such collection shall be based on the weight, size and type of the bulky rubbish to be collected.
[R.O. 2009 §13.04.140; Ord. No. 5689 §II, 10-5-2006]
Solid waste collection personnel, employed by a contract collector or private collector, are authorized to enter upon private property serviced by their employer for the purpose of collecting solid waste therefrom as required by this Chapter. Solid waste collection personnel 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.
[R.O. 2009 §13.04.150; Ord. No. 5689 §II, 10-5-2006]
Each contract collector shall post with the City a cash or surety bond in an amount equal to twenty percent (20%) of the estimated value of each year's contract price but shall not exceed one hundred thousand dollars ($100,000.00), whichever is less. The performance bond forfeiture hereby provided is acknowledged to be liquidated damages, actual damages being incapable of assessment.
[R.O. 2009 §13.04.160; Ord. No. 5689 §II, 10-5-2006]
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 private collector's license from the City; provided however, that this provision shall not be deemed to apply to employees of such licensee.
[R.O. 2009 §13.04.170; Ord. No. 5689 §II, 10-5-2006]
No private collector's license shall be issued until and unless the applicant therefore, in addition to all other requirements set forth, files and maintains with the City Manager or his/her designee 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 established and approved by the City Manager or his/her designee. Should any such policy be canceled, the City Manager or his/her designee 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 provision to that effect shall be incorporated in such policy, which shall also place upon the company writing such a policy the duty to give such notice.
[R.O. 2009 §13.04.180; Ord. No. 5689 §II, 10-5-2006]
Each applicant for any such license shall state in his/her application therefore:
The nature of the permit desired, as to collect, transport, process or dispose of solid waste or any combination thereof;
The characteristics of solid waste to be collected, transported, processed or disposed;
The number of solid waste vehicles to be operated thereunder;
The precise location or locations of solid waste processing or disposal facilities to be used;
The boundaries of the collection area;
The rate scheduled specifying the monthly cost of each type and level of service to be offered; and
Such other information as may be required by the City Manager.
[R.O. 2009 §13.04.190; Ord. No. 5689 §II, 10-5-2006]
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 and this Chapter, the City Manager or his/her designee shall issue the license authorized by this Chapter. The license shall be issued for a period of one (1) year and each applicant shall pay therefore a fee of fifty dollars ($50.00) for each collection vehicle to be used. If, in the opinion of the City Manager or his/her designee, 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 Manager or his/her designee shall notify the applicant, in writing, setting forth the modification to be made and the time in which it shall be done.
[R.O. 2009 §13.04.200; Ord. No. 5689 §II, 10-5-2006]
If the applicant does not make the modifications pursuant to the notice in Section 220.190 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 Manager or his/her designee, 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.
[R.O. 2009 §13.04.210; Ord. No. 5689 §II, 10-5-2006]
The license may be renewed annually on or before July first (1st) simply upon payment of the fee or fees as designated in this Chapter if the business has not been modified. If modifications have been made, the applicant shall reapply for a license as set forth in Sections 220.180 and 220.190. No licenses authorized by this Chapter shall be transferable from person to person.
[R.O. 2009 §13.04.220; Ord. No. 5689 §II, 10-5-2006]
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. 2009 §13.04.230; Ord. No. 5689 §II, 10-5-2006]
[R.O. 2009 §13.04.240; Ord. No. 5689 §II, 10-5-2006]
Solid wastes 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. Disposal at other than an approved site will be cause for suspension or termination of the license of a private collector or for invoking the penalty clause of an agreement between the City and a contract collector.
[R.O. 2009 §13.04.250; Ord. No. 5689 §II, 10-5-2006; Ord. No. 5802 §II, 1-8-2010]
Hazardous wastes shall require special handling and shall be disposed of only in a manner acceptable to the City Manager and which meets all local, State and Federal requirements.
It shall be unlawful to dispose of discarded sharps (hypodermic needles, lancets, syringes, scalpel blades, broken glass or other sharp items that have come in contact with blood or other material that may be considered infectious) in the residential solid waste stream except as follows:
Sharps placed in the residential waste stream must be placed in a rigid, leak-resistant and puncture-resistant container, and sealed prior to disposal.
This Section shall apply to generators of infectious waste at a single-family residential premises or single-family dwelling unit provided those wastes are generated on-site and disposed of with the generator's residential solid waste, and provided disposed sharps are packaged as required in Subsection (A)(1) above.
Failure to dispose of sharps in the manner herein provided shall constitute a violation of the law.
[R.O. 2009 §13.04.260; Ord. No. 5689 §II, 10-5-2006]
In order to insure compliance with the laws of the State, this Chapter and the rules and regulations in this Chapter, the City Manager or his/her designee 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 the law. In all instances where such inspections reveal violation of this Chapter, the rules and regulations authorized in this Chapter for the storage, collection, transportation, processing or disposal of solid waste or the laws of the State, the City Manager or his/her designee 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.
[R.O. 2009 §13.04.270; Ord. No. 5689 §II, 10-5-2006]
In all cases, when the corrective measures have not been taken within the time specified, the City Manager or his/her designee shall suspend or revoke the license or licenses involved in the violation. However, in those cases where an extension of time will permit correction and there is no public health hazard created by the delay, one (1) extension of time not to exceed the original time period may be given.
[R.O. 2009 §13.04.280; Ord. No. 5689 §II, 10-5-2006]
All motor vehicles operated by a contract collector or by a private collector under any license required by this Chapter shall display the collector's name and number or numbers on each side in colors which contrast with that of the vehicle, such numbers to be clearly legible and not less than three (3) inches high. Each permit for processing or disposal facilities shall be prominently displayed at the facility.
[R.O. 2009 §13.04.290; Ord. No. 5689 §II, 10-5-2006]
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 water-tight bodies and with covers which shall be an integral part of the vehicle or shall be separate cover of suitable material with fasteners designed to secure all sides of the cover to the vehicle and shall be secure 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.
[R.O. 2009 §13.04.300; Ord. No. 5689 §II, 10-5-2006]
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 twice weekly. At least forty-eight (48) hours shall intervene between collections. Commercial accounts are collected daily six (6) days a week. Multiple daily collections may be required, depending on the volume generated.
[R.O. 2009 §13.04.310; Ord. No. 5689 §II, 10-5-2006]
The Board of Municipal Utilities is authorized to make and promulgate reasonable and necessary rules and regulations for the billing and collection of solid waste collections and/or disposal service charges as hereinafter provided for. The City Manager or his/her designee is authorized to make and promulgate reasonable and necessary rules and regulations for operation of each element of the solid waste disposal system serving the City.
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.
[R.O. 2009 §13.04.320; Ord. No. 5689 §II, 10-5-2006]
It is unlawful for any person to:
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;
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 collection shall be those of the City or those of a solid waste collection agency operating under contract or with license from the City;
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 for one (1) or more elements of solid waste management or private collector's license from the City or operate under an expired license or operate after a license has been suspended or revoked; and
Burn solid waste unless an approved incinerator is provided or unless a variance has been obtained from the appropriate air pollution control agency, with the following exceptions:
The burning of leaves, twigs (not more than two (2) inches in diameter) and vegetation originating on the property on which it is to be burned, so long as the wind is not blowing in excess of ten (10) miles per hour.
[R.O. 2009 §13.04.330; Ord. No. 5689 §II, 10-5-2006]
Nothing in this Section may be constructed to permit open burning which causes or constitutes a hazard to vehicular or air traffic nor which violates any other regulations.
[R.O. 2009 §13.04.340; Ord. No. 5689 §II, 10-5-2006]
There is levied a monthly charge as established by the City Council against each dwelling unit within the boundaries of the City for the collection and disposal of refuse, garbage and rubbish as defined in this Chapter.
[R.O. 2009 §13.04.350; Ord. No. 5689 §II, 10-5-2006]
The monthly charge for collection and disposal of refuse, garbage and rubbish shall be added to and collected along with the water bill for each dwelling unit or separate water customer.
[R.O. 2009 §13.04.360; Ord. No. 5689 §II, 10-5-2006]
Each person, being responsible for the payment of the water bill for each dwelling unit shall be responsible for the payment of the refuse, garbage and rubbish collection and disposal charge.
[R.O. 2009 §13.04.370; Ord. No. 5689 §II, 10-5-2006]
The monthly charge for collection and disposal of refuse, garbage and rubbish may be collected for each person responsible for or in charge of each dwelling unit entitled to the use of such service, by legal action brought by the City in a court of competent jurisdiction, with the costs thereof to be charged against and collected from the person entitled to the use of such service, including a reasonable attorney fee to be set by the court.
[R.O. 2009 §13.04.380; Ord. No. 5689 §II, 10-5-2006]
The monthly charge provided for in Section 220.350 shall be paid to the City Board of Municipal Utilities and shall be collected along with the regular monthly service charge for water and utility service. The Board of Municipal Utilities is authorized and directed to transfer each week from the Board of Municipal Utilities to the General Revenue Fund of the City, such funds as may have been deposited therein from the monthly charge for collection and disposition of refuse, garbage and rubbish.