[R.O. 2012 §220.010; Ord. No. 327 §1, 10-16-1978]
For the purposes of this Chapter, the following terms shall
be deemed to have the meanings indicated below:
APPROVED INCINERATOR
An incinerator which complies with all current regulations
of the responsible local and State air pollution control agencies.
BULKY RUBBISH
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.
CITY
The City of Knob Noster, Missouri.
COLLECTION
Removal of solid waste from its place of storage to the transportation
vehicle.
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.
DIRECTOR
The Director of the Solid Waste Management Program of the
City, or his/her authorized representative.
DISPOSABLE SOLID WASTE CONTAINER
Disposable plastic or paper sacks with a capacity of twenty
(20) to thirty-five (35) gallons specifically designed for storage
of solid waste.
DWELLING UNIT
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.
GARBAGE
Putrescible animal or vegetable wastes resulting from the
handling, preparation, cooking, serving, or consumption of food.
HAZARDOUS WASTES
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.
OCCUPANT
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.
PERSON
Any individual, partnership, corporation, association, institution,
city, county, other political subdivision, authority, state agency
or institution, or federal agency or institution.
PROCESSING
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 semi-solid 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
Receptacle used by any person to store solid waste during
the interval between solid waste collections.
SOLID WASTE DISPOSAL
The process of discarding or getting rid of unwanted material.
In particular the final disposition of solid waste by man.
SOLID WASTE MANAGEMENT SYSTEM
The entire process of managing solid waste in a manner which
minimizes the generation and subsequent disposal of solid waste, including
waste reduction, source separation, collection, storage, transportation,
recycling, resource recovery, volume minimization, processing, market
development, and disposal of solid wastes.
STORAGE
Keeping, maintaining or storing solid waste from the time
of its production until the time of its collection.
TRANSPORTATION
The transporting of solid waste from the place of collection
or processing to a solid waste processing facility or solid waste
disposal area.
YARD WASTES
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. 2012 §220.020; Ord. No. 327 §2, 10-16-1978]
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. Containers shall be leak-proof, water-proof, and fitted
with a tight lid and shall be properly covered at all times except
when depositing waste therein or removing the contents thereof. Disposable
solid waste containers with suitable frames or containers as approved
by the City 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 City. 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.
E. 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.
F. Solid
waste containers which are not approved will be collected together
with their contents and disposed of.
[R.O. 2012 §220.030; Ord. No. 327 §3, 10-16-1978]
A. All residential and commercial solid waste shall be collected at least once weekly and disposed in accordance with Section
220.040 and every occupant within the City shall be responsible for said collection by any one of the following means:
1. By individual
arrangement and contract with any person having a City permit and
engaged in the business of collecting, transporting and disposing
of solid waste;
2. By themselves
collecting, transporting and disposing of solid waste, provided said
solid waste resulted from his/her own residential activity.
B. 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.
C. All collection
vehicles of persons engaged in the business of collecting, transporting
and disposing of solid waste, 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 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.
D. 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.
E. Transportation and disposal of demolition and construction wastes shall be in accordance with Sections
220.040 and
220.050.
F. Yard
waste shall be disposed of in accordance with this Chapter.
[R.O. 2012 §220.040; Ord. No. 327 §4, 10-16-1978]
A. 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.
B. The City
may classify certain wastes as hazardous wastes which will require
special handling and shall be disposed of only in a manner acceptable
to the City and which will meet all local, State and Federal regulations.
[R.O. 2012 §220.050; Ord. No. 327 §5, 10-16-1978]
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 City 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 fifty thousand dollars ($50,000.00) for
damage to property. Should any such policy be canceled, the City shall
be notified of such cancellation by the insurance carrier in writing
not less than ten (10) days prior to the effective date of such cancellation,
and provisions to that effect shall be incorporated in such policy,
which shall also place upon the company writing such policy the duty
to give such notice.
C. Each
applicant for any such permit shall state in his/her application therefor:
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 and type of solid waste vehicles to be operated thereunder;
4. The
precise location or locations of solid waste processing or disposal
facilities to be used;
5. Evidence
that said facility is approved by the State of Missouri and will be
used;
6. Rate
schedules and services available; and
7. Such
other information as required by the City.
D. If the
application shows that the applicant will collect, transport, process
or dispose of solid wastes without hazard to the public health or
damage to the environment and in conformity with the laws of the State
of Missouri and this Chapter, the City may issue the permit authorized
by this Chapter. The permit shall be issued for a period of one (1)
year, and each applicant shall pay therefor a fee of twenty-five dollars
($25.00). If in the opinion of the City, modifications can be made
to the application regarding service, equipment, mode of operation,
so as to bring the application within the intent of this Chapter;
the City shall notify the applicant in writing setting forth the modification
to be made and the time in which it shall be done.
E. If the applicant does not make the modifications pursuant to the notice in Subsection
(D) herein, 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, 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 re-application comply with all provisions of this Chapter.
F. The annual permit may be renewed simply upon payment of the fee or fees as designated herein if the business has not been modified, except for rate schedule and service changes. Changes of rate schedule and services shall be filed with the City thirty (30) days before effective date of change. If modifications have been made, the applicant shall reapply for a permit as set forth in Subsections
(B) and
(C) herein. No permits authorized by this Chapter shall be transferrable from person to person.
G. In order
to insure compliance with the laws of this State, this Chapter and
the rules and regulations authorized herein, the City is authorized
to inspect all phases of solid waste management within the City. No
inspection shall be made in any residential unit unless authorized
by the occupant or by due process of law. In all instances where such
inspections reveal violation of this Chapter, the rules and regulations
authorized herein for the storage, collection, transportation, processing
or disposal of solid waste or the law of the State of Missouri, the
City shall issue 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 City may suspend or revoke the permit or permits
involved in the violation, or take other appropriate action, however,
in those cases where an extension of 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.
[R.O. 2012 §220.060; Ord. No. 327 §6, 10-16-1978]
A. The City
may 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 of solid waste.
8. Collection
points of solid waste containers.
9. Collection
and disposal of solid waste.
B. 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. 2012 §220.070; Ord. No. 327 §7, 10-16-1978]
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;
2. 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 collectors shall be those of the City or
of a private collection agency;
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.
[R.O. 2012 §220.080; Ord. No. 327 §8, 10-16-1978]
Any person violating any of the provisions of Sections
220.010—
220.070 or any lawful rules or regulations 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.
[R.O. 2012 §220.090; Ord. No. 506 §§I — IV, 2-18-1992]
A. Definitions. As used in this Section, the following terms
shall have these meanings:
GARBAGE
Putrescible animal or vegetable wastes.
RECYCLABLE MATERIALS
Newsprint; brown, clear and green glass; aluminum; and rinsed
plastic containers.
SOLID WASTES
Solid and semi-solid garbage, refuse and other discarded
materials, including recyclable materials.
B. Unlawful Depositing Of Solid Waste In Containers Of Others. No person shall deposit solid waste in any container unless the
person either owns or lawfully possesses that container.
C. Unlawful Removal Of Recyclables From Containers Of Others. No person shall remove recyclable materials that are contained in
the recyclable material containers of others, except for the lawful
collector thereof.
D. Penalty. Any person who is convicted of a violation of this
Section shall be punished by a fine of not more than five hundred
dollars ($500.00) or by incarceration for a term of not longer than
ninety (90) days, or by both such fine and incarceration.