[Ord. No. 5061, 7-23-2020[1]]
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 regulations within this Chapter.
- 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.
- 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 WASTE
- Any waste or combination of wastes which, because of its quantity, concentration, or physical, chemical, or infectious characteristic, 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.
- 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.
- 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.
[Ord. No. 5061, 7-23-2020]
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.
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 abutting any elevation of
the residential structure or where the container is not visible from
the street.
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 and 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; provided that on corner lots, the front elevation
shall be where the entrance of the residential structure is located.
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; provided that on corner lots, the front elevation
shall be where the entrance of the residential structure is located.
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.
[Ord. No. 5061, 7-23-2020]
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
or as otherwise established by the Board.
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)
[Ord. No. 5061, 7-23-2020]
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 Department of Health and Senior Services.
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.
[Ord. No. 5061, 7-23-2020]
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 for the purpose of avoiding
the normal cost of disposing of the materials.
B.
Residents of the City 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 during biannual bulk waste pickup periods for the purposes
of locating or removing items placed at the curb for pickup.
[Ord. No. 5061, 7-23-2020]
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 in
amounts on file with the Director. 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 ensure 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. 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.
[Ord. No. 5061, 7-23-2020]
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 all rules and regulations made and promulgated under the
provisions hereof shall be filed in the office of the City Clerk.
[Ord. No. 5061, 7-23-2020]
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 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 Director for emergency purposes.
