[R.O. 2006 §245.010; Ord. No. 501 §1, 7-16-1979; Ord. No. 1905 §1, 11-20-1995]
For the purposes of this Chapter, the following terms shall
be deemed to have the meaning indicated below:
- APPROVED INCINERATOR
- An incinerator which complies with all current regulations of the Missouri Air Conservation Commission.
- 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 collection vehicles by solid waste collectors with the equipment available therefore.
- CITY
- The City of Fenton, Missouri.
- COLLECTION
- Removal and transportation of solid waste from its place of storage to its place of processing or disposal.
- COMMERCIAL UNIT
- A place where a business is conducted by a person, persons, firm, or corporation in the normal pursuit of gainful profit.
- DEMOLITION AND CONSTRUCTION WASTE
- Waste materials from the construction or destruction of residential, industrial or commercial structures.
- DIRECTOR
- The City Administrator or his/her designee delegated to administer the program.
- DISPOSABLE YARD WASTES CONTAINER
- Disposable paper sacks with a capacity of twenty (20) to
thirty (30) gallons primarily designated for disposal of grass clippings
and yard wastes.[Ord. No. 3606 § 1, 6-23-2016]
- 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.
- MULTIPLE HOUSING FACILITY
- A housing facility containing more than one (1) dwelling unit under one (1) roof.
- 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.
- REFUSE
- 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 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 MANAGEMENT
- 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.
- SOLID WASTE MANAGEMENT PLAN
- Sections 260.220 and 260.325, RSMo., require cities to have an approved Solid Waste Management Plan. The City of Fenton's plan was prepared by the St. Louis-Jefferson Solid Waste Management District and adopted by the City of Fenton, by resolution, on November 20, 1995. This plan is designed to establish policy guidelines for local efforts to help achieve Missouri's forty percent (40%) waste reduction goal.
- STORAGE
- Keeping, maintaining or storing solid waste or yard wastes
from the time of its production until the time of its collection.[Ord. No. 3606 § 1, 6-23-2016]
- 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. 2006 §245.020; Ord. No. 501 §2, 7-16-1979; Ord. No. 3174 §1, 3-24-2011; Ord. No. 3606 § 2, 6-23-2016]
A.
The occupant of every dwelling unit and of every institution 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 institution commercial,
industrial, agricultural or business establishment shall place all
solid waste to be collected in proper solid waste container 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 approved or
supplied by the City. Containers shall be leakproof, waterproof, and
fitted with a fly-tight lid and shall be properly covered at all times
except when depositing waste therein or removing the contents thereof.
The weight of any additional individual container and contents shall
not exceed fifty (50) pounds. Galvanized metal containers, rubber
or fiberglass containers, and plastic containers which do not become
brittle in cold weather, may be used. Disposable solid waste containers
with suitable frames or containers as approved by the Director may
also be used for storage of residential solid waste.
D.
Residential solid waste containers shall be stored upon the residential
premises within an enclosed structure or behind the front elevation
of the residential structure or where the container is not visible
from the street. For the purpose of this Section, the front elevation
of the structure is any elevation that is parallel with a street,
alley or thoroughfare adjoining the lot.
E.
Commercial solid waste containers shall be stored upon private commercial 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. Commercial solid waste containers shall be screened as set forth in Section 462.020(B)(3) of the Zoning Code or as required by any approved site plan.
F.
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. Tree limbs for collection
shall be stored within an enclosed structure or behind the front elevation
of the residential structure or where it is not visible from the street.
For the purpose of this Section, the front elevation of the structure
is any elevation that is parallel with a street, alley or thoroughfare
adjoining the lot. The weight of any individual bundle shall not exceed
fifty (50) pounds. All bundles must be tied with twine or similar
material however metal or metallic ties shall not be used.
G.
Yard wastes shall be in biodegradable bags with a City sticker adhered
to them 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. Yard wastes for collection shall be stored within
an enclosed structure or behind the front elevation of the residential
structure or where it is not visible from the street. For the purpose
of this Section, the front elevation of the structure is any elevation
that is parallel with a street, alley or thoroughfare adjoining the
lot. The weight of any individual container and contents shall not
exceed fifty (50) pounds.
H.
Solid waste containers which are not approved will be collected together
with their contents and disposed of.
[R.O. 2006 §245.030; Ord. No. 501 §3, 7-16-1979; Ord. No. 3174 §2, 3-24-2011; Ord. No. 3196 §1, 5-26-2011]
A.
The
City shall provide for the collection of solid waste as follows:
1.
The City shall provide for the collection of all residential 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.
2.
All solid waste collected shall, upon being loaded into collection
equipment, become the property of the collection agency.
3.
Tree limbs and yard wastes, as described in Subsections (E) and (F) of Section 225.020 respectively, shall be placed at the curb for collection. Solid waste containers as required by this Chapter for the storage of other residential solid waste shall be placed at the curb for collection. No solid waste containers, tree limbs, yard wastes, or other solid wastes shall be placed on the street or in the gutter or drainage ditch. Any solid waste containers, tree limbs, yard wastes or other solid waste permitted by this Chapter to be placed at the curb for collection shall not be so placed until the regularly scheduled collection day.
4.
Bulky rubbish shall be picked up by the contractor upon request by
the owner. Charges for same to be as mutually agreed to by the owner
and the collector. The City shall provide pickup of bulky rubbish
twice yearly, the first week of May and the first week of October.
5.
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.
6.
The following collection frequencies shall apply to collections of
solid waste within the City.
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All residential solid waste, other than bulky rubbish, shall
be collected at least once weekly. At least sixty-four (64) hours
shall intervene between collections. All commercial solid waste shall
be collected once weekly, and shall be collected at such lesser intervals
as may be fixed by the Director upon a determination that such lesser
intervals are necessary for the preservation of the health and/or
safety of the public.
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7.
Reserved.
8.
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 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.
9.
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.
10.
Transportation and disposal of demolition and construction wastes shall be in accordance with Sections 225.040 and other provisions of this Chapter.
11.
Reserved.
[R.O. 2006 §245.040; Ord. No. 501 §4, 7-16-1979]
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
Director may classify certain wastes as hazardous wastes which will
require special handling and shall be disposed of only in a manner
acceptable to the Director and which will meet all local, State and
Federal regulations.
[R.O. 2006 §225.130; Ord. No. 2298 §1, 3-20-2000; Ord. No. 2463 §3, 4-15-2002]
A.
No
person, firm, association or corporation shall bring and deposit,
on private or public property, any garbage, trash, refuse, appliances
or any other waste matter into the City of Fenton for the purpose
of avoiding the normal cost of disposing of the materials.
B.
Residents
of the City of Fenton shall not knowingly allow any person, firm,
association or corporation to deposit any garbage, trash, refuse,
appliances or any other waste matter onto their property during biannual
bulk waste pickup periods for the purpose of allowing another person
to avoid the normal cost of disposing of the materials.
C.
No
person shall scavenge, rummage or scour residential neighborhoods
in the City of Fenton, during biannual bulk waste pickup periods for
the purposes of locating or removing items placed at the curb for
pickup.
[R.O. 2006 §245.050; Ord. No. 501 §5, 7-16-1979; Ord. No. 1905 §2, 11-20-1995]
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.
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 Director 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 as
follows: Worker's Compensation/Coverage A — Statutory, Employer's
Liability/Coverage B — $500,000.00; Commercial General Liability
including contractual liability, bodily injury and property damage —
$2,000,000.00 each claim, $2,000,000.00 in aggregate; Comprehensive
Automobile Liability including bodily injury and property damage —
$2,000,000.00 each occurrence, $2,000,000.00 in aggregate; and General
Commercial Property Insurance — $2,000,000.00 each occurrence,
$2,000,000.00 in aggregate. Should any such policy be canceled, the
Director shall be notified of such cancellation by the insurance carrier
in writing not less than thirty (30) 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.
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 Director shall issue the permit
authorized by this Chapter. The permit shall be issued for a period
of one (1) year, and each applicant shall pay therefore a fee of ten
dollars ($10.00) for each solid waste processing or disposal facility
to be operated and a fee of ten dollars ($10.00) for each collection
vehicle to be used. If, in the opinion of the Director, 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 Director shall notify the applicant in writing setting
forth the modification to be made and the time in which it shall be
done.
D.
If the applicant does not make the modifications pursuant to the notice in Subsection (C) 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 Director, 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 reapplication comply with the provisions of this Chapter.
E.
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 Subsections (B) and (C) hereof. No permit authorized by this Chapter shall be transferable from person to person.
F.
In
order to insure compliance with the laws of this State, this Chapter
and the rules and regulations authorized herein the Director is authorized
to inspect all phases of solid waste management within the City of
Fenton. 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 laws of the State of
Missouri, the Director 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.
G.
In
all cases, when the corrective measures have not been taken within
the time specified, the Director 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, one (1) extension of time not
to exceed the original time period may be given.
H.
Any
person who feels aggrieved by any notice of violation or order issued
pursuant thereto of the Director may, within ten (10) days of the
act for which redress is sought appeal directly to the Court of Fenton
in writing, setting forth in a concise statement the act being appealed
and the grounds for its reversal.
[R.O. 2006 §245.060; Ord. No. 501 §6, 7-16-1979]
A.
The
Director shall 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.
10.
Processing facilities and fees for the use thereof.
11.
Disposal facilities and fees for the use thereof.
12.
Records of quantity and type of wastes received at processing and/or
disposal facilities.
13.
Handling of special wastes such as toxic wastes, sludge, ashes, agriculture,
construction, bulky items, tires, automobiles, oils, greases, etc.
14.
Haulers vehicle weights; utilizing private driveways to turn around;
keeping vehicles on pavement or road surfaces.
B.
The
Director or such other City Official who is responsible for preparing
utility and other service charge billings for the City, is hereby
authorized to make and promulgate reasonable and necessary rules and
regulations for the billing and collection of solid waste collection
and/or disposal service charges, as hereinafter provided for.
C.
A copy
of 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
of Fenton.
[R.O. 2006 §245.070; Ord. No. 501 §7, 7-16-1979; Ord. No. 1408 §1, 8-20-1990; Ord. No. 2967 §1, 5-19-2008; Ord. No. 3196 §2, 5-26-2011]
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 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 approved
by the City and 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.
6.
Place a dead animal in a waste container for the purpose of disposal.
7.
Take any materials, to include but not be limited to newsprint, cardboard,
aluminum cans, glass bottles, and plastic milk and soda bottles set
out for curbside recycling collection other than the collector authorized
by the City.
8.
Contaminate any materials, to include but not be limited to newsprint,
cardboard, aluminum cans, glass bottles, and plastic milk and soda
bottles set out for curbside recycling collection or to set out contaminated
materials for curbside recycling collection.
9.
Operation of vehicles collecting solid waste in the City of Fenton
shall be governed by the following:
a.
Collection or disposing of rubbish, garbage or waste material for
any person, firm or corporation from the premises in any residential
district, or commercial district which abuts or adjoins a residential
district in the City, is prohibited between the hours of 9:00 P.M.
and 7:00 A.M. of the following day.
b.
Except as otherwise referenced in this Section, collection or disposing
of rubbish, garbage or waste material for any person, firm or corporation
from any premises south of South Highway Drive is prohibited between
the hours of 9:00 P.M. and 6:00 A.M. of the following day unless authorized
by the City Administrator for emergency purposes.
