[R.O. 1997 § 230.230; Ord. No. 532 § 1, 5-26-1999]
Unless otherwise provided in this Chapter, no person shall engage in the business of hauling waste on any public highway, road or street in Wildwood without obtaining a business license from the City pursuant to the procedures established in Chapter 605 of the City Code and the additional requirements established herein. The license shall only authorize the waste collection or transportation activities of the type or in the geographic area as may be specified in the license. Waste collection or transportation without such license, or outside the permitted scope of such license, is prohibited. No license shall be issued by the City unless the applicant obtains and maintains a valid waste transportation license issued by St. Louis County for each such vehicle and mobile waste container.
[R.O. 1997 § 230.240; Ord. No. 532 § 1, 5-26-1999]
A.
Business licenses pursuant to Section 230.230 shall not be required for vehicles or persons only removing, hauling or disposing earth and rock material from grading or excavation activities, provided an excavation permit has been received from the City, if required.
B.
All earth and rock material from grading
or excavation activities shall be conveyed in enclosed or covered
vehicles, trucks or receptacles which are constructed, maintained
and operated such that the material being transported does not spill,
blow or fall out of the vehicle.
C.
Licenses shall not be required for street
sweepers.
D.
Licenses shall not be required for waste
haulers that do not collect waste in the City of Wildwood on a regular
basis, provided that the waste hauler holds a valid County license
for waste transportation if required by law. "Regular basis" shall
mean collecting waste not less than once per week to any given customer
within the City.
[R.O. 1997 § 230.250; Ord. No. 532 § 1, 5-26-1999]
The City may solicit proposals for an exclusive or non-exclusive license agreement for the collection and disposal of solid waste from some or all of the residential, commercial and/or other premises in the City. Such license agreement(s) shall be awarded by the City Council following the receipt of competitive bids on specifications prepared by the City Administrator and approved by the City Council. Each such license agreement(s) shall be made upon terms which are most advantageous to the citizens of the City, as determined by the City Council, in regard to the quality of services to be rendered, compliance with this Article, and all other requirements of law and fees to be charged by the waste hauler to the owners of the premises to be served; provided, however, that no such license agreement shall be for a term of less than one (1) year, except to the extent that such contract is terminable upon the happening of certain conditions as required or permitted by its express terms or by this Article. No such license agreement shall be made with or issued to a waste hauler who does not possess all the permits and licenses to engage in the business of storing, collecting, transporting, processing and disposing of solid waste contemplated by the contract and required pursuant to this Article and other provisions of law. Such license agreement shall be subject to termination or suspension as provided for in such agreement, or upon revocation of the business license as provided by Section 230.310.
[R.O. 1997 § 230.260; Ord. No. 532 § 1, 5-26-1999]
A.
Every application for a business license required under Section 230.230 shall be accompanied by proof of licensing by St. Louis County for each waste transportation vehicle and by a copy of the application submitted to St. Louis County which must contain the following:
1.
The owner of the vehicle and the
owner's address;
2.
The waste hauler who will be operating
the waste transportation vehicle and the waste hauler's address and
telephone number, and the name under which the waste hauling business
will be conducted;
3.
The type of waste to be transported,
i.e., whether the waste is residential, industrial, commercial, hazardous,
infectious or any combination thereof;
4.
The site(s) where waste will be deposited
by the hauler, be it landfill, transfer station, or otherwise;
5.
The motor vehicle license number
and fleet vehicle number assigned by the hauler of the vehicle;
6.
The area served and to be served
by operation of the owner's hauling business vehicle;
7.
As a condition for the issuance of
a license to engage in the business of hauling waste in the City,
the applicant shall agree that solid waste and recyclables collected
within the City shall be collected a minimum of one (1) time per week
for each customer served; and
8.
Such other information as may be
required by the Director of Public Works of the City of Wildwood or
the City Administrator.
[R.O. 1997 § 230.270; Ord. No. 532 § 1, 5-26-1999]
A.
Initial business licenses to engage in
waste hauling shall begin on the date the waste transportation license
is issued by St. Louis County Department of Health and shall expire
the following June 30. All renewal applications shall be made by June
30 of each year. All renewal licenses shall begin on July 1 and continue
through June 30 of the following year.
B.
Each license application shall be accompanied
by a non-refundable application fee of twenty-five dollars ($25.00)
for each waste transportation vehicle engaged in waste hauling in
the City. The application fee shall be paid for both original and
renewal applications. In the event an application is denied and a
subsequent inspection is required, there shall be no additional charge
for subsequent inspection.
[R.O. 1997 § 230.280; Ord. No. 532 § 1, 5-26-1999]
A.
The City reserves the right to inspect
all waste transportation vehicles which are required to be licensed
under this Chapter at any time without notice.
B.
The inspection of any waste transportation vehicle prior to the issuance of a license may be waived by St. Louis County Department of Health if the owner is a municipality, governmental entity, department of a governmental entity, or a non-profit organization which has a quality control and inspection program that assures compliance with the standards imposed by this Chapter on waste transportation vehicles and mobile waste containers. The fee imposed shall not be required for such vehicles and containers; however, the license required by Section 230.230 shall be required whether or not an inspection is made.
[R.O. 1997 § 230.290; Ord. No. 532 § 1, 5-26-1999]
A.
No business license shall be issued for
operation of a waste transportation vehicle unless the waste transportation
vehicle satisfies the requirements of this Chapter and State law.
Except as otherwise provided by law, no license shall be issued to
engage in the business of hauling waste to the extent such specific
activities are exclusively licensed to another waste hauler pursuant
to an exclusive license agreement with the City. Licenses shall be
issued without restriction to geographic area except such restriction
shall be included where:
[R.O. 1997 § 230.300; Ord. No. 532 § 1, 5-26-1999]
Licensed waste haulers and their
agents and employees shall comply with the statements made in the
license applications, and in any license agreement, regarding anticipated
means of handling and disposing of wastes and shall comply with the
such additional terms and conditions as may be required by the City
Council.
[R.O. 1997 § 230.310; Ord. No. 532 § 1, 5-26-1999]
A.
B.
In the event that the Director or his/her
designee determines that continued use or operation of the waste transportation
vehicle or mobile container presents an immediate and serious threat
to the health, safety or welfare of persons within the City of Wildwood,
he/she may suspend the license without a hearing, but shall permit
the owner or operator of the vehicle or mobile container, if different
than the owner, or a waste transportation vehicle or mobile container
whose license has been so suspended an opportunity to be heard before
the City Council within five (5) days of notice of the suspension
if the owner or operator so requests. The Director shall notify the
operator of his/her decision to suspend the license, giving reasons
therefor, by certified mail or hand-delivery of a notice to the office
of the owner or operator. In the event that the Director does not
determine that continued use or operation of the waste transportation
vehicle or mobile container presents an immediate and serious threat
to the health and welfare of persons within the City, he/she shall
give the owner and operator, if different than the owner, at least
five (5) days' notice of any hearing before the City Council to determine
whether the license should be suspended. Following the hearing, the
Council shall decide whether the license should be suspended.
[R.O. 1997 § 230.320; Ord. No. 532 § 1, 5-26-1999]
In addition to all other remedies of the City, the City Administrator may revoke a business license as provided for in Chapter 605 of the City Code. The occurrence of three (3) or more violations of this Chapter or the County or State regulations relating to waste disposal, collection and transportation, including Chapter 260, RSMo., or moving vehicle violations within a license year shall be deemed prima facie evidence warranting revocation of a license. All such revocation decisions shall be subject to appeal pursuant to the City Administrative Review Code.
[R.O. 1997 § 230.330; Ord. No. 532 § 1, 5-26-1999]
A.
Each motor vehicle issued a business license
under the provisions of this Chapter pertaining to licensing of waste
transportation vehicles shall display the license sticker or certificate
issued by St. Louis County Department of Health in a prominent place
on the motor vehicle.
B.
Each mobile waste container shall be labeled
with the owner's name, phone number and a unique number assigned to
the container by the owner for identification purposes.
[R.O. 1997 § 230.340; Ord. No. 532 § 1, 5-26-1999]
No waste hauler shall be deemed an
agent of the City for any purpose by reason of this Chapter or by
reason of the issuance of any license or license agreement. The City
shall not be responsible or liable for any action of the waste hauler,
and the waste hauler shall not claim any agency or endorsement by
the City without the written consent of the City.
[R.O. 1997 § 230.350; Ord. No. 532 § 1, 5-26-1999]
A.
No person shall engage in the business
of hauling waste and/or recyclables without maintaining public liability
insurance approved by the City Attorney governing all operations of
the insured pertaining to the business of hauling waste and/or recyclables
and all vehicles to be operated in the conduct thereof. The insurance
shall be with an insurer acceptable to the City Attorney and shall
include coverage in one (1) policy or multiple policies for any waste
haulers or sub-waste haulers engaged by the insured for such business.
Evidence of such insurance shall be filed annually with the City Clerk.
Except as may be provided for in a license agreement, each waste hauler
shall have the insurance coverages listed below and include the City
of Wildwood as an additional named insured:
|
Comprehensive general liability
|
$1,000,000.00
|
|
Property damage
|
$1,000,000.00
|
|
Automobile liability
|
$1,000,000.00
|
B.
No person shall engage in the business
of hauling waste without maintaining insurance with Workers' Compensation
coverage with minimum limits as set by law. Insurance shall include
coverage in one (1) policy or multiple policies for any waste haulers
or sub-waste haulers engaged by the insured for such business.
C.
No insurance policy required by this Section
shall be approved unless it provides that thirty (30) days' advance
notice will be given by the insurer to the Director in the event the
policy is terminated or canceled.
[R.O. 1997 § 230.360; Ord. No. 532 § 1, 5-26-1999]
Persons hauling waste and persons
employed by waste haulers shall maintain the vehicles and mobile waste
containers in a safe, clean and sanitary condition. The vehicles and
containers used shall be constructed, maintained and operated so as
to prevent waste from spilling or blowing from the vehicle or container.
The vehicles or containers shall have spill-proof bodies and shall
have either covers which are an integral part of the vehicle or container
or shall have separate covers with fasteners securing all sides of
the cover to the vehicle or container. The covers shall be secured
whenever the vehicle or container is transporting waste which is capable
of blowing from the vehicle or which in fact does blow from the vehicle.
No waste shall be transported in hoppers designed for loading waste
into the vehicle or container. The name of the operator of the waste
transportation vehicle or mobile container shall be displayed prominently
on the motor vehicle or mobile container. It is the duty of every
waste hauler and employee or agent of a waste hauler operating a vehicle
or using a container to assure compliance with this Section.
[R.O. 1997 § 230.370; Ord. No. 532 § 1, 5-26-1999]
[R.O. 1997 § 230.380; Ord. No. 532 § 1, 5-26-1999]
No person shall haul infectious,
hazardous or special waste in a waste transportation vehicle or mobile
container used for or containing waste which is not infectious, hazardous
or special waste, as the case may be, or which is not a waste transportation
vehicle or mobile container which can safely transport waste of such
kind. No person shall collect or transport waste which has been clearly
identified as infectious, hazardous or special waste, or which such
person has reason to know is in fact infectious, hazardous or special
waste, unless such person has the capability to legally and safely
transport and dispose of the waste at an appropriate waste treatment
facility.
[R.O. 1997 § 230.390; Ord. No. 532 § 1, 5-26-1999]
A.
Waste spilled or blown during the transportation
of waste shall be recollected immediately and placed in the transportation
vehicle or mobile container by the employees of the waste hauler,
or by the person transporting the waste, whether or not such person
is engaged in the business of hauling waste and whether or not the
vehicle is licensed or required to be licensed under this Chapter.
B.
Waste spilled or blown during the movement
of waste from the point of collection into the waste transportation
vehicle shall be immediately recollected and placed in the transportation
vehicle by the waste hauler.
[R.O. 1997 § 230.400; Ord. No. 532 § 1, 5-26-1999]
Waste shall not be stored within
the City in any waste transportation vehicle overnight without the
written consent of the Director. No transportation vehicle that contains
waste or that has not been washed clean of waste shall be parked within
the City for more than twelve (12) hours without written consent of
the Director.
[R.O. 1997 § 230.410; Ord. No. 532 § 1, 5-26-1999]
No waste hauler shall hereinafter
enter into an agreement with any person responsible for waste disposal
on a residential premises without agreeing to provide collection of
bulky residential waste from the residential premises if requested.
The waste hauler shall give such persons responsible for waste disposal
on residential premises reasonable notice of the time of any such
collection of bulky residential waste.
[R.O. 1997 § 230.420; Ord. No. 532 § 1, 5-26-1999]
Waste haulers or generators who spill
special, hazardous or infectious waste shall notify the Director,
the Chief of Police and the appropriate State and Federal authorities
immediately and shall remove the waste in a manner consistent with
all Federal, State and local regulations as soon as practicable.
[R.O. 1997 § 230.430; Ord. No. 532 § 1, 5-26-1999]
Pickup of residential solid waste
and recyclables shall be made at least once per week by each waste
hauler licensed to provide residential collection in the City.
[R.O. 1997 § 230.440; Ord. No. 532 § 1, 5-26-1999]
A.
Residential Areas. No person licensed to
collect waste within the residential areas of the City shall do so
at any time except between the hours of 7:00 A.M. and 6:00 P.M., Monday
through Friday (except as may be authorized by the exclusive license
agreement on Saturdays following a Friday holiday).
B.
Non-Residential Areas. No person licensed
to collect non-residential waste within the City shall do so at any
time except between the hours of 7:00 A.M. and 7:00 P.M., Monday through
Saturday, in any area within five hundred (500) feet of a residence.
