[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
City of Hazelwood, Missouri.
COLLECTION
Removal and transportation of solid waste from its place
of storage to its place of processing or disposal.
COMPOSTING
A controlled biological reduction of organic wastes to humus.
DIRECTOR
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.
GARBAGE
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.
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 tenant.
PERSON
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.
PROCESSING
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
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.
STORAGE
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]
A. 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]
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. 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.
D. 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.
E. 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.
F. 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."
G. 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]
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. The
following collection frequencies shall apply to collection of solid
waste within the City:
1. 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.
2. 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).
3. 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.
4. 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.
5. Failure to have and maintain solid waste containers as required herein
shall be considered prima facie evidence of violation hereof.
G. 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.
H. 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.
I. 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.
J. Transportation and disposal of demolition and construction wastes shall be in accordance with Sections
245.040 and
245.050.
[CC 1997 §26.13; Ord. No. 2335-91, 8-7-1991]
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 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.
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 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.
C. Each
applicant for any such permit shall state in his 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 of.
3. The number of solid waste vehicles to be operated thereunder.
4. The precise locations of solid waste processing or disposal facilities
to be used.
5. Boundaries of the collection area.
6. Such other information as required by the City Manager.
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 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.
E. 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.
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. 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.
G. 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.
H. 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.
I. 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.
J. 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.
K. 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 §26.15; 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]
A. It
shall be unlawful for any person to:
1. 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.
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 those of a solid waste collection agency operating under contract
with the City.
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 in
conformance with all applicable State and Federal regulations.
5. 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.
6. 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.
7. 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.
8. Locate a dumpster closer than twenty (20) feet from the property
line of a single-family dwelling district.
9. 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.
10. 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]
A. 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.
B. 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.
C. 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.
D. 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.