[Ord. No. 01-061 §§1—8, 5-30-2001; Ord. No. 15-034 §2, 3-30-2015]
Except as provided in this Section, no person shall engage in the business of collecting solid waste in the unincorporated areas of St. Charles County and transporting that solid waste on any highway, road or street without first obtaining an annual solid waste collection and transportation permit from the County. This Section shall not apply to employees of the holder of any such permit, or to political subdivisions engaged in the business of collecting or transporting solid waste within St. Charles County, or to persons engaged in the removal, hauling or disposal of earth and rock material from grading or excavation activities, or to vehicles that transport no solid waste except asbestos, asbestos-containing material, suspect asbestos-containing material, white goods and/or scrap metal.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A. 
Each application for an annual solid waste collection and transportation permit shall be on a form provided by the Division Director and shall state:
1. 
The applicant's name, address, and telephone number;
2. 
The name under which the applicant will conduct the business of collecting and transporting solid waste under the permit applied for;
3. 
The motor vehicle license number and fleet vehicle number assigned by the applicant to each vehicle or used by the applicant under the permit applied for;
[Ord. No. 15-034 §3, 3-30-2015]
4. 
The name, address, and telephone number of the owner of each vehicle or mobile/roll-off waste container to be used by the applicant under the permit applied for (if not the same as the applicant);
5. 
The type or types of solid waste to be collected and transported under the permit for which applied;
6. 
The precise location or locations of the solid waste disposal areas, processing facilities or transfer stations to which the applicant shall haul waste under the permit for which applied;
7. 
Subject to Subsection 240.430(3), a materials separation plan, on a form supplied by the Division Director, providing for the separate weekly collection from single- and multi-family residential premises and for the recycling of recyclables, and including specifications for recycling containers to be approved by the Division Director, provisions assigning responsibility for providing them, and the costs of implementing the plan;
8. 
Specifications for general solid waste containers, and provisions assigning responsibility for providing them;
9. 
A plan for the collection from residential premises at least once every six (6) months of bulky waste, including white goods;
10. 
An agreement to comply with the provisions and requirements of this Article; and
11. 
Such other information as may be required by the Division Director.
[Ord. No. 01-061 §§1—8, 5-30-2001; Ord. No. 02-114 §1, 7-31-2002; Ord. No. 03-024 §1, 2-26-2003]
A. 
A person may apply at any time for an initial annual solid waste collection and transportation permit which shall be effective from the date on which the Division Director issues it and which shall expire at the end of the immediately following December thirty-first (31st). All applications to renew such permits shall be made by December fifteenth (15th) of each year. All renewed permits shall be effective from January first (1st) through December thirty-first (31st) of the following year.
B. 
Each applicant shall pay fees as authorized herein at the time of making application for an annual solid waste collection and transportation permit.
[Ord. No. 15-034 §4, 3-30-2015]
1. 
The County of St. Charles shall charge and collect a solid waste hauler permit fee of up to two hundred fifty dollars ($250.00) for a one-year permit from any solid waste hauler doing business in the unincorporated areas of St. Charles County. Fees for permits issued to new permittees at any time after January 1 shall be prorated.
2. 
The Division shall charge a fee for each waste transportation vehicle from solid waste haulers doing business, or hauling in the unincorporated areas of St. Charles County as follows:
a. 
Sixty-five dollars ($65.00) per waste transportation vehicle per annum.
[1]
Editor's Note—Permit application fees and license fees authorized by Sections 240.415, 240.610, 240.840, 240.1406 and 240.1454 of this Chapter 240 shall be effective upon approval of those fees by the qualified voters of St. Charles County. Until such approval, previously adopted fees remain in force, pursuant to St. Charles County Ordinance No. 01-061 §2, which provides in pertinent part: "Permit application fees presently authorized by Section 240.060 of the Ordinances of St. Charles County, Missouri, shall remain in force and shall apply to applications for permits and licenses to be issued pursuant to the new Solid Waste Management Code..., until such time as new permit application fees or license fees are approved by the qualified voters of St. Charles County..." See Section 240.2010 for the text of former Section 240.060.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A. 
No annual solid waste collection and transportation permit shall be issued unless:
1. 
The applicant's application is complete;
2. 
The applicant has paid all authorized fees;
3. 
The Division Director determines that the applicant's materials separation plan for collecting and recycling recyclables conforms to the requirements of this Article; and
4. 
The applicant provides for the collection from residential premises of bulky waste, including white goods, at least once every six (6) months.
[Ord. No. 01-061 §§1—8, 5-30-2001]
As a condition of holding a permit issued pursuant to this Article, each permittee shall offer collection services to all residential and non-residential premises within the area or areas for which a permittee is authorized to collect and transport solid waste. Further, if St. Charles County determines that residential or non-residential premises of the unincorporated part of the County lack collection services in violation of Article III of this Chapter, the Division Director shall send the person responsible for those premises as defined by Section 240.301 written notice of that violation and send copies of that notice to the permittee or permittees serving the area within which those premises are located. That notice shall give the names, business addresses and telephones of the permittee or permittees serving the area and order the person responsible for those premises to contract with a permittee for collection services within thirty (30) days of the mailing of the notice. It shall be the permittee's duty to provide collection services if the person responsible for those premises requests them and send the Division Director written certification that the person responsible has contracted or has failed to contract for collection services as required by the notice.
[Ord. No. 01-061 §§1—8, 5-30-2001; Ord. No. 01-162 §1, 11-28-2001; Ord. No. 02-079 §1, 5-29-2002]
A. 
As a condition of holding a permit issued pursuant to this Article, each permittee shall:
1. 
Collect and dispose of all solid waste at an approved facility at least once a week and make available for an additional fee twice-a-week collection and disposal.
2. 
Make available for an additional fee collection of yard waste once a week between April first (1st) and November thirtieth (30th) of every year and deliver all such materials to an approved transfer station or composting facility.
3. 
Collect separated recyclables upon request by the customer at least once a week and deliver all such materials to approved material processing facilities and/or end-users as appropriate.
4. 
Provide the above services with authorization to bill all residential customers at prevailing fair market rates covering all operating costs.
5. 
Apply to the Division Director for approval of any amendments to the permittee's materials separation plan, which shall not be given unless the Division Director determines that the permittee's amended materials separation plan conforms to the requirements of this Article.
6. 
Report any changes in the information provided on the permittee's application within thirty (30) days of those changes.
[1]
Editor's Note—The duty to make available the collection of separated recyclables imposed by Section 240.430.3 of this Chapter shall be effective on June 1, 2002.
[1]
Editor's Note—Ord. no. 02-079 §2, adopted May 29, 2002, repealed section 240.432, "Director to determine compulsory curbside recycling areas for residential waste hauling", in its entirety. Former section 240.432 derived from ord. no. 01-162 §2, 11-28-2001 and ord. no. 02-045 §1, 5-1-2002. We have left this section reserved for future use by the county.
[Ord. No. 01-061 §§1—8, 5-30-2001]
As a condition of holding a permit issued pursuant to this Article, each permittee shall provide to all persons contracting for the collection of solid waste from residential premises at least one (1) collection of bulky waste, including white goods, every six (6) months. The permittee shall give such persons reasonable notice of the time of any such collection of bulky waste.
[Ord. No. 01-061 §§1—8, 5-30-2001; Ord. No. 15-034 §5, 3-30-2015]
As a condition of holding a permit issued pursuant to this Article, each permittee shall ensure that all waste transportation vehicles used under any permit required by this Article shall display in a prominent and visible location the label provided by the Division Director on each vehicle indicating that it is licensed.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A. 
As a condition of holding a permit issued pursuant to this Article, each permittee shall maintain the waste transportation vehicles and mobile/roll-off waste containers that it operated under its permit as provided herein.
1. 
All waste transportation vehicles and mobile/roll-off waste containers shall be maintained in a clean and sanitary condition and shall be constructed, maintained and operated to prevent spilling, blowing or leaking of solid waste or liquid therefrom.
2. 
All waste transportation vehicles that incorporate compactor bodies for trash storage during transportation shall be constructed with bodies that have seals located on the hopper assembly or any part of the compactor body which will create a watertight enclosure to prevent spillage or leakage of solid waste or liquid therefrom, and only the loading hopper may be exposed.
3. 
All mobile/roll-off waste containers that are not fully enclosed shall have fasteners designed to secure a suitable cover material to all sides of the container while in transport to prevent spillage or leakage of solid waste or liquid therefrom.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A. 
As a condition of holding a permit issued pursuant to this Article, each permittee shall permit the Division Director to inspect each of the waste transportation vehicles and mobile/roll-off waste containers used under the permit, at any time selected by the Division Director and upon reasonable notice to the permittee, to ensure compliance with the provisions of this Article.
B. 
Except as provided in Subsection (C), the Division Director shall inspect all waste transportation vehicles used by each holder of an annual solid waste collection and transportation permit to ensure compliance with this Article.
[Ord. No. 15-034 §6, 3-30-2015
C. 
The Division Director may waive inspection of any waste transportation vehicle if:
[Ord. No. 15-034 §6, 3-30-2015]
1. 
Its owner is a municipality, governmental entity, department of a governmental entity, or non-profit organization which has a quality control and inspection program that ensures compliance with the standards imposed by this Article.
2. 
A sufficient sample size of not less than ten percent (10%) of the vehicles, from each hauler doing business in St. Charles County, have passed inspection to ensure fleet compliance within the last two (2) years.
D. 
If, upon inspection pursuant to this Section, the Division Director finds any violation of this Chapter or of the regulations adopted pursuant to it, the Division Director shall issue notice to the holder of the annual solid waste collection and transportation permit who is responsible for each such violation stating the violation or violations found, the corrective action needed to correct the violation or violations found, and the time and date by which such corrective action must be taken.
E. 
In all cases, if a holder of an annual solid waste transportation and collection permit fails to take the corrective action ordered by the Division Director pursuant to Subsection (D) within the time specified, the Division Director may suspend operation of the permitted waste transportation vehicle or mobile/roll-off waste container that is in 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 may be given.
[Ord. No. 15-034 §3, 3-30-2015]
F. 
Any person aggrieved by any notice of violation or order issued pursuant thereto of the Division Director may, within thirty (30) days of the act for which redress is sought, appeal directly to the Director in writing, setting forth in a concise statement the act being appealed and the grounds for its reversal.
[1]
Editor's Note: Former Section 240.455, Duties of Permittee –– Semi-Annual Reports to County, derived from §§1 –– 8 of Ord. No. 01-061, adopted 5-30-2001, was repealed 3-30-2015 by §7 of Ord. No. 15-034.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A. 
No person shall engage in the business of hauling waste without maintaining public liability insurance governing all operations of the insured pertaining to the business of hauling waste and all vehicles to be operated in the conduct thereof. The insurance shall be with an insurer acceptable to the Division Director and shall include coverage in one (1) policy or multiple policies for any contractors or subcontractors engaged by the insured for such business. Evidence of such insurance shall be filed with the Division Director. The minimum limits of insurance for public liability and auto liability shall be five hundred thousand dollars ($500,000.00) for bodily injury to each person; one million dollars ($1,000,000.00) for total bodily injury for each occurrence; and one million dollars ($1,000,000.00) for property damage for each occurrence. Municipalities engaged in the business of waste hauling are exempted from procuring the minimum limits of insurance required by this Section.
B. 
No person shall engage in the business of hauling waste without maintaining insurance coverage with Workers' Compensation coverage, with minimum limits as set by law. Should any policy be canceled, the Division 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.
[Ord. No. 15-034 §9, 3-30-2015]
A. 
Each application for an annual sewage or sludge collection and transportation permit shall be on a form provided by the Division Director and shall state:
1. 
The applicant's name, address, and telephone number;
2. 
The name under which the applicant will conduct the business of collecting and transporting sewage or sludge under the permit applied for;
3. 
The motor vehicle license number and fleet vehicle number assigned by the applicant to each vehicle used by the applicant under the permit applied for;
4. 
The name, address, and telephone number of the owner of each vehicle to be used by the applicant under the permit applied for (if not the same as the applicant);
5. 
The type of waste collected and transported under the permit for which applied;
6. 
The precise location(s) of the processing facilities to which the applicant shall haul the waste under the permit for which applied;
7. 
An agreement to comply with the provisions and requirements of this Article; and
8. 
Such other information as may be required by the Division Director.
[Ord. No. 15-034 §10, 3-30-2015]
A. 
A person may apply at any time for an initial annual sewage collection and transportation permit which shall be effective from the date on which the Division Director issues it and which shall expire at the end of the immediately following December 31. All applications to renew such permits shall be made by December 15 of each year. All renewed permits shall be effective from January 1 through December 31 of the following year.
B. 
Each applicant shall pay fees as authorized herein at the time of making application for an annual sewage or sludge collection and transportation permit.
1. 
The County of St. Charles shall charge and collect a fee of up to two hundred fifty dollars ($250.00) for a one-year permit from any sewage or sludge hauler doing business, or hauling, in St. Charles County. Fees for permits issued to new permittees at any time after January 1 shall be prorated.
2. 
The Division shall charge a fee for each sewage or sludge transportation vehicle as follows:
a. 
Sixty-five dollars ($65.00) per vehicle per annum.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A. 
The Division Director shall classify certain wastes as hazardous wastes pursuant to applicable regulations of guidelines set up by the Missouri Department of Natural Resources and the U.S. Environmental Protection Agency. These wastes will require special handling and shall be reused, recycled, transported and disposed of in a manner which will meet all State and Federal regulations.
B. 
No person shall haul infectious, hazardous or special waste in a waste transportation vehicle or mobile/roll-off waste 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 hauling vehicle or mobile/roll-off waste 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 legally and safely to transport and dispose of the waste at an appropriate waste treatment facility.
[Ord. No. 01-061 §§1—8, 5-30-2001]
The Division Director is authorized to make such regulations as will implement the purposes of this Article. Such regulations shall only be promulgated following notice to the public of the public hearing to be held and the subject matter of the proposed regulation. The Division Director shall hold such a public hearing. Upon issuance of such regulation, the text of such regulation shall be filed with the County Registrar. Failure to comply with provisions of such regulation shall be a violation of this Chapter and subject to the penalty provisions of this Chapter.
[1]
Editor's Note—Reference to county clerk was changed to county registrar in accordance with ord. no. 01-121, adopted 9-26-2001, set out in §129.010 of this code.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A. 
The Division Director may revoke a permit issued pursuant to this Article if the Division Director has suspended operation of any vehicle or container operated under the permit more than six (6) times within twelve (12) months, or if the permittee violates the provisions of Sections 240.415 or 240.460, and fails to cure those violations within thirty (30) days of receipt of a written notice of violation issued by the Division Director and served by certified mail upon the permittee.
B. 
Any person aggrieved by any notice of violation or order issued pursuant thereto of the Division Director may, within thirty (30) days of the act for which redress is sought, appeal directly to the Director in writing, setting forth in a concise statement the act being appealed and the grounds for its reversal.