[CC 1997 §26.9; Ord. No. 1274-78, 5-17-1978; Ord. No. 1354-79, 8-15-1979; Ord. No. 2335-91, 8-7-1991; Ord. No. 3335-02 §1, 3-6-2002]
For the purposes of this Article, the following terms shall be deemed to have the meanings indicated below:
- APPROVED INCINERATOR
- An incinerator which complies with all current regulations of the Missouri Air Conservation Commission.
- BULKY WASTE
- 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 collection vehicles by solid waste collectors, with the equipment available therefor.
- City of Hazelwood, Missouri.
- Removal and transportation of solid waste from its place of storage to its place of processing or disposal.
- A controlled biological reduction of organic wastes to humus.
- DEMOLITION AND CONSTRUCTION WASTE
- Residue from the demolition or construction of residential, industrial or commercial structures.
- The Director of the Solid Waste Management Program of the City is to be the City Manager or his designee.
- 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.
- Putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving or consumption of food.
- HAZARDOUS WASTES
- Including but not limited to pathological wastes, explosive wastes, pesticides, pesticide containers, toxic or radioactive materials.
- MULTIPLE HOUSING FACILITY
- 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 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.
- SERVICE CHARGE
- The user fee established by the City for the collection of solid waste.
- 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 and 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 or facility to store solid
waste during the interval between solid waste collections.[Ord. No. 4531-17 § 1, 3-15-2017]
- 1. Single-Family. For individual residential collection, solid waste containers shall be leakproof, waterproof and fitted with a fly-tight lid. Solid waste containers shall be of a type originally manufactured for residential solid waste; of lightweight and sturdy construction; with tapered sides for easy emptying; and have handles, bails or other suitable lifting devices or features. Galvanized metal, rubber or fiberglass containers may be used. Plastic containers which do not become brittle in cold weather may also be used. Disposable or "one-way" containers of paper or plastic, specifically designed for the purpose of garbage disposal, may be used if securely closed to prevent spillage.
- 2. Multi-Family, Commercial And Industrial. For multi-family, business and commercial and all non-residential collection, solid waste containers shall be waterproof, leakproof and have suitable covers. Individual containers shall be screened in accordance with Section 405.377.
- 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
- The entire solid waste system of storage, collection, transportation, processing and disposal.
- Keeping, maintaining or storing solid waste from the time of its production until the time of its collection.
- 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.
[CC 1997 §26.10; Ord. No. 1274-78, 5-17-1978; Ord. No. 2376-92, 4-15-1992]
The owner of every dwelling unit and of every institutional, commercial, business, industrial or agricultural establishment producing solid waste within the corporate limits of the City shall provide sufficient and adequate solid waste 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. Such solid waste shall not be placed on property owned, rented or occupied by another except when placed at the curb for collection.
[Ord. No. 4492-16 §1, 6-15-2016]
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.
Single-family residential solid waste shall be stored in proper solid waste containers as defined in this Article and shall be properly covered at all times except when depositing waste therein or removing the contents thereof.
Multi-family, business and commercial solid wastes shall be stored in proper solid waste containers as defined in this Article and approved by the City Manager. The solid waste containers shall be covered at all times except when depositing waste therein or removing the contents thereof; and shall meet all requirements as set forth in Section 245.060.
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 fifty (50) pounds.
Loose yard wastes, not capable of being bundled as per Section 245.020(E), shall be stored in solid waste 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, except when such material is composted in accordance with Article III of this Chapter. The weight of any individual solid waste container and contents shall not exceed fifty (50) pounds, except as provided in Section 245.010, "Solid Waste Container."
Solid waste containers which are not approved will be collected together with their contents and disposed of.
[CC 1997 §26.11; Ord. No. 1274-78, 5-17-1978; Ord. No. 3990-08 §1, 8-20-2008]
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.
All solid waste from premises to which collection services are provided by the City shall be collected, except bulky rubbish as defined herein. All solid waste collected shall, upon being loaded into collection equipment, become the property of the collection agency.
Tree limbs and yard wastes, as described in Sections 245.020(E) and (F) respectively, shall be placed at the curb for collection. Thorn bushes and vines shall be bundled separately from other types of yard waste. Solid waste containers as required by this Chapter for the storage of other residential solid waste shall also be placed at the curb for collection.
Bulky rubbish, as defined herein, shall be collected twice yearly, from premises to which collection services are provided by the City, at designated bulky waste collection times, as scheduled by the City Manager or his designee.
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 City Manager.
The following collection frequencies shall apply to collection of solid waste within the City:
All residential solid waste, other than bulky rubbish, shall be collected at least once weekly. In the event a holiday falls on the regularly scheduled day of collection, the collection shall be made on the working day immediately following the holiday.
In the event that certain rubbish is too large to fit into the solid waste container, but can be handled easily by one (1) man, and is not detrimental to health or sight, and is not subject to foul or offensive odors, such rubbish when bundled neatly and securely may be placed at the curb for collection; provided however, that in no event will garbage, or other loose household rubbish, be permitted unless placed in proper solid waste containers as defined in this Article. Bulky rubbish larger or heavier than that described above must be stored by the occupant until bulky waste collection time as per Section 245.030(D).
All garbage and rubbish shall be deposited in solid waste containers, as defined herein before collection, except such other items, exclusive of garbage as described in Sections 245.030(C) and 245.030(F)(2) may be placed by householder at the curb for collection. The householder shall not place, or allow said garbage or rubbish or solid waste container in front of the front building line prior to 6:00 P.M. on the day preceding the collection of same and shall not leave such solid waste container in front of the front building line after 9:00 P.M. on the day of collection.
It shall be unlawful for any person or persons, not duly authorized as provided herein, to tamper with, overturn, remove or destroy any garbage or rubbish container mentioned herein.
Failure to have and maintain solid waste containers as required herein shall be considered prima facie evidence of violation hereof.
Residential solid waste containers shall be stored upon the residential premises. Commercial solid waste containers shall not be stored upon public property, unless the owner shall have been granted written permission from the City to use public property for such purposes. The storage site on commercial property shall be well drained; fully accessible to collection equipment, public health personnel and fire inspection personnel.
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 watertight 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.
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.
[CC 1997 §26.12]
Solid waste shall be disposed of at a processing facility or disposal area complying with all applicable State and Federal requirements.
The City Manager 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 Manager and which will meet all local, State and Federal regulations.
[CC 1997 §26.13; Ord. No. 2335-91, 8-7-1991]
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 or franchise therefor from the City; provided however, that this provision shall not be deemed to apply to employees of the holder of any such permit, nor to persons composting on their own property in compliance with the provisions of Article III of this Chapter.
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 Manager 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 an amount of not less than three hundred thousand dollars ($300,000.00) for each person injured or killed, and in the amount of not less than five hundred thousand dollars ($500,000.00) 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 one hundred thousand dollars ($100,000.00) for damage to property. Should any such policy be canceled, the City Manager 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.
Each applicant for any such permit shall state in his application therefor:
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 of.
The number of solid waste vehicles to be operated thereunder.
The precise locations of solid waste processing or disposal facilities to be used.
Boundaries of the collection area.
Such other information as required by the City Manager.
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 permit shall be issued for a period of one (1) year, and each applicant shall pay therefor a fee of one hundred fifty dollars ($150.00) for each solid waste disposal facility to be operated in the City and a fee of five dollars ($5.00) for each collection or transporting vehicle to be used in the City. If in the opinion of the City Manager, 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 shall notify the applicant in writing setting forth the modification to be made and time in which it shall be done. Persons composting their own yard wastes in accordance with Article III are exempt from the provisions of this Section.
If the applicant does not make the modifications pursuant to the notice in Section 245.050(D) 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 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 application, provided that all aspects of the reapplication comply with the provisions of this Chapter.
The annual permit may be renewed simply upon payment of the fee or fees as designated herein if the business has not been modified. If modifications have been made, the applicant shall reapply for a permit as set forth in Sections 245.050(B) and (C). No permits authorized by this Chapter shall be transferable from person to person.
In order to insure compliance with the laws of the State, this Chapter and rules and regulations authorized herein, the City Manager is authorized to inspect all phases of solid waste management within the City of Hazelwood. No inspection shall be made in any residential unit unless authorized by the occupant or by due process of law. In all instances where 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 laws of the State of Missouri, the City Manager 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.
In all cases, when the corrective measures have not been taken within the time specified, the City Manager shall suspend or revoke the permit or permits 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, an extension of time may be granted.
Any person who feels aggrieved by any notice of violation or order issued pursuant thereto of the City Manager may, within thirty (30) days of the act for which redress is sought, appeal directly to the Circuit Court of St. Louis County in writing, setting forth in a concise statement the act being appealed and the grounds for its reversal.
All motor vehicles operating under any permit required by this Chapter shall display the number on each side in colors which contrast with that of the vehicle, such numbers to be clearly legible and not less than six (6) inches high. Each permit for processing or disposal facilities shall be prominently displayed at the facility. In addition, each motor vehicle operating under this Chapter shall have displayed on the right-hand portion of the vehicle windshield a current City of Hazelwood solid waste identification sticker issued with the appropriate permit.
All trailers used for the purpose of collecting or transporting solid waste shall be subject to the provisions set forth in this Section, except that the permit fee shall be fifty percent (50%) of the fee required for motor vehicles, and that the City of Hazelwood solid waste identification sticker shall be displayed immediately to the left of the required identification number on the right side of the trailer.
[CC 1997 §26.14]
The City Manager shall enforce, and with the approval of the Council, make, amend and revoke reasonable and necessary rules and regulations governing the collection, transporting and disposal of solid waste.
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.
[CC 1997 §26.15; Ord. No. 2376-92, 4-15-1992; Ord. No. 2524-94, 4-20-1994; Ord. No. 2604-95, 4-5-1995; Ord. No. 2816-97, 1-15-1997]
It shall be unlawful for any person to:
Deposit solid waste in any solid waste container other than his own, without the written consent of the owner of such solid waste 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 collectors shall be those of the City or those of a solid waste collection agency operating under contract with the City.
Burn solid waste unless an approved incinerator is provided or unless a variance has been obtained from the appropriate air pollution control agency.
Dispose of solid waste at any facility or location which is not in conformance with all applicable State and Federal regulations.
Engage in collecting, transporting, processing or disposing of solid waste and spill or litter upon the public ways or private property any solid waste without subsequently and immediately removing same and restoring the affected area to its original condition.
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.
Engage in the collection of any refuse, garbage or trash from property in any residential or commercial zoning district between the hours of 6:00 P.M. and 6:00 A.M.; provided however, this limitation shall not apply to property in the H Light or I Heavy Industrial Districts.
Locate a dumpster closer than twenty (20) feet from the property line of a single-family dwelling district.
No person shall place or deposit solid waste in any solid waste container made available for a given dwelling of a multi-tenant facility, other than the one in which they reside, unless such solid waste container is designated for collection of street side litter or made available for patrons of commercial facilities in the City.
Collect, place, deposit, or cause to be collected, placed or deposited, yard waste (as defined in Section 245.010), in or upon any street, curb, street gutter, sidewalk, or sewer opening, or in any storm sewer or open watercourse; provided however, that yard waste which has been properly bundled or contained as required by Section 245.020(E) or (F) may be placed at curbside for collection in accord with the provisions of Section 245.030(C). Yard waste to be collected under the City's brush and pruning and leaf collection programs may be accumulated adjacent to the curb, but not in the street or gutter, if such material is not placed or accumulated at curbside more than seven (7) days prior to the week within which the materials are to be collected at that location in accord with the schedules of collections for such programs as published annually by the City.
[CC 1997 §26.16; Ord. No. 1152-76, 1-7-1976; Ord. No. 4492-16 §2, 6-15-2016]
There is hereby imposed, for the collection and disposal of solid waste, a service charge for each residential dwelling to which such shall be provided under the provisions of this Chapter. The charge for collecting, receiving, and disposing of solid waste from residences shall be the amount set forth in the contract documents between the City and private licensed haulers who have contracted with the City for the purpose of collecting solid waste. Each subscriber shall also pay penalties and interest on delinquent amounts. Nothing in this Chapter shall be construed in such a manner so as to relieve any person from the obligation to pay all charges due the City for nuisance abatement.
All owners of a residential dwelling unit shall subscribe and pay for the collection, receiving and disposing of solid waste for the owner's dwelling. For all residential rental property, the owner shall be the responsible party and shall subscribe and pay all service charges for the collection, receiving and disposing of solid waste for each dwelling unit; nothing in the owner's lease nor other agreement by the tenant shall relieve the owner of the responsibility to subscribe and pay all service charges for the collection, receiving and disposing of solid waste for the dwelling unit.
The service and service charge shall be terminated upon presentation of satisfactory proof by the owner to the City Manager, and/or his designee, that any such dwelling unit is unoccupied, and shall be commenced upon renewed occupancy thereof. Said service can be terminated if the service charge is not paid upon the third billing for such service, after due notice of such termination is provided.
The system of services established by the provisions of this Chapter is designed as an integral part of the City's program of health and sanitation.
Editor's Note—Resolution 9504—Hazelwood adopts Solid Waste Management Plan prepared by St. Louis-Jefferson Solid Waste Management District on October 4, 1995.