[Ord. No. 4061, 7-23-2020[1]]
For the purposes of this Chapter,
the following terms shall be deemed to have the meaning indicated
below:
An incinerator which complies with all current regulations
of the Missouri Air Conservation Commission.
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.
The City of Fenton, Missouri.
Removal and transportation of solid waste from its place
of storage to its place of processing or disposal.
A place where a business is conducted by a person, persons,
firm, or corporation in the normal pursuit of gainful profit.
Waste materials from the construction or destruction of residential,
industrial, or commercial structures.
The City Administrator or his/her designee delegated to administer
the regulations within this Chapter.
Disposable paper sacks with a capacity of twenty (20) to
thirty (30) gallons primarily designated for disposal of grass clippings
and yard wastes.
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.
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.
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 a tenant.
Any individual, partnership, corporation, association, institution,
City, County, other political subdivision, authority, State agency
or institution, or Federal agency or institution.
Incinerating, composting, baling, shredding, salvaging, compacting,
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
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.
Receptacle used by any person to store solid waste during
the interval between solid waste collections.
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.
Sections 260.220 and 260.325, RSMo., require Cities to have
an approved Solid Waste Management Plan. The City's plan was prepared
by the St. Louis-Jefferson Solid Waste Management District and adopted
by the City, 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.
Keeping, maintaining, or storing solid waste or yard wastes
from the time of its production until the time of its collection.
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. 4061, 7-23-2020]
A.Â
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.Â
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.Â
Residential solid waste shall be stored
in containers approved or supplied by the City. Containers shall be
leakproof, waterproof, and fitted with a flytight 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.Â
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.Â
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 425.210(B)(4) of the Zoning Code or as required by any approved site plan.
F.Â
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.Â
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.Â
Solid waste containers which are not approved
will be collected together with their contents and disposed of.
[Ord. No. 4061, 7-23-2020]
A.Â
The City shall provide for the collection
of solid waste as follows:
1.Â
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.Â
All solid waste collected shall,
upon being loaded into collection equipment, become the property of
the collection agency.
3.Â
Tree limbs and yard wastes, as described in Subsections (F) and (G) 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.Â
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.Â
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.Â
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.Â
(Reserved)
8.Â
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.Â
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.Â
Transportation and disposal of demolition and construction wastes shall be in accordance with Sections 225.040 and other provisions of this Chapter.
11.Â
(Reserved)
[Ord. No. 4061, 7-23-2020]
A.Â
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.Â
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. 4061, 7-23-2020]
A.Â
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.Â
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.Â
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. 4061, 7-23-2020]
A.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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. 4061, 7-23-2020]
A.Â
The Director shall make, amend, revoke,
and enforce reasonable and necessary rules and regulations, governing,
but not limited to:
1.Â
Preparation, drainage, and wrapping
of garbage deposited in solid waste containers.
2.Â
Specifications for solid waste containers,
including the type composition, equipment, size, and shape thereof.
3.Â
Identification of solid waste containers
and of the covers thereof, and of equipment thereto appertaining,
if any.
4.Â
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.Â
Storage of solid waste in solid waste
containers.
6.Â
Sanitation, maintenance, and replacement
of solid waste containers.
7.Â
Schedules of and routes for collection
of solid waste.
8.Â
Collection points of solid waste
containers.
9.Â
Collection and disposal of solid
waste.
10.Â
Processing facilities and fees for
the use thereof.
11.Â
Disposal facilities and fees for
the use thereof.
12.Â
Records of quantity and type of wastes
received at processing and/or disposal facilities.
13.Â
Handling of special wastes such as
toxic wastes, sludge, ashes, agriculture, construction, bulky items,
tires, automobiles, oils, greases, etc.
14.Â
Haulers vehicle weights; utilizing
private driveways to turn around; keeping vehicles on pavement or
road surfaces.
B.Â
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.Â
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. 4061, 7-23-2020]
A.Â
It shall be unlawful for any person to:
1.Â
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.Â
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.Â
Burn solid waste unless an approved
incinerator is provided or unless a variance has been obtained from
the appropriate air pollution control agency.
4.Â
Dispose of solid waste at any facility
or location which is not approved by the City and Missouri Division
of Health.
5.Â
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.Â
Place a dead animal in a waste container
for the purpose of disposal.
7.Â
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.Â
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.Â
Operation of vehicles collecting
solid waste in the City shall be governed by the following:
a.Â
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.Â
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.
