[Ord. No. 1051 §1, 5-17-1988]
For the purpose 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 responsible local, State and Federal air pollution control agencies.
- 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 transportation vehicles by solid waste collectors, with the equipment available therefor.
- The City of Parkville, Missouri.
- Removal of solid waste from the designated pickup location to the transportation vehicle.
- DEMOLITION AND CONSTRUCTION WASTE
- Waste materials from the construction or destruction of residential, industrial or commercial structures.
- The Director of the Solid Waste Management Program of the City shall be the Director of Public Works.
- DISPOSABLE SOLID WASTE CONTAINER
- Disposable plastic or paper sacks with a capacity of twenty (20) to thirty-five (35) gallons specifically designed for storage of solid waste.
- 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.
- HAZARDOUS WASTE
- Any waste or combination of wastes, as determined by the Missouri Hazardous Waste Management Commission by rules and regulations, which because of its quantity, concentration, or physical, chemical or infectious characteristics 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 other living organisms (Subsection 260.360 (9) of the Missouri Hazardous Waste Management Law).
- 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 a 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
- Unwanted or discarded waste materials in a solid or semi-solid state, including but not limited to garbage, ashes, street refuse, rubbish, dead animals, animal and agricultural wastes, yard wastes, discarded appliances, special wastes, industrial wastes, and demolition and construction wastes.
- SOLID WASTE CONTAINER
- Receptacle used by any person to store solid waste during the interval between solid waste collections.
- SOLID WASTE DISPOSAL
- The process of discarding or getting rid of unwanted material. In particular the final deposition 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.
- The transporting of solid waste from the place of collection or processing to a solid waste processing facility or solid waste disposal area.
- YARD WASTES
- Grass clippings, leaves, tree trimmings.
[Ord. No. 1051 §§2.1-2.7, 5-17-1988]
The occupant or owner of every dwelling unit and of every institutional, 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.
The occupant or owner of every dwelling unit and of every institutional, commercial, industrial, agricultural 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.
Residential solid waste shall be stored in containers of not more than thirty-five (35) gallons, nor less than twenty (20) gallons in nominal capacity. 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 containers shall have handles, bails or other suitable lifting devices or features. Containers shall be of a type originally manufactured for residential solid waste, with tapered sides for easy emptying. They shall be of light weight and sturdy construction. The weight of any individual container and contents shall not exceed seventy-five (75) pounds. Galvanized metal containers, or rubber, fiberglass, or 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 of Public Works may also be used for storage of residential solid waste.
Commercial solid waste shall be stored in solid waste containers as approved by the Director of Public Works. The containers shall be waterproof, leakproof and shall be covered at all times except when depositing waste therein or removing the contents thereof; and shall meet all requirements as set forth by Section 225.070.
Tree limbs less than four (4) inches in diameter and brush shall be securely tied in bundles not larger than forty-eight (48) long and eighteen (18) inches in diameter when not placed in storage containers. The weight of any individual bundle shall not exceed seventy-five (75) pounds.
Yard wastes shall be stored in 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. The weight or any individual container and contents shall not exceed seventy-five (75) pounds.
Solid waste containers which do not meet the specifications as outlined in this Section will be collected together with their contents and disposed of.
[Ord. No. 1051 §§3.1-3.4, 5-17-1988; Ord. No. 1082 §1, 12-6-1988; Ord. No. 1276 §1, 1-7-1992]
Any solid waste containers, tree limbs, yard wastes, or other solid waste permitted by this Chapter to be placed at the curb or alley for collection shall not be so placed for a period greater than twenty four (24) hours and shall be placed no sooner than 5:00 P.M. the day prior to regularly scheduled collection day.
[Ord. No. 2793 §4, 1-6-2015]
The following collection frequencies shall apply to collections of solid waste within the City:
All residential solid waste, other than bulky rubbish, shall be collected at least once weekly. All commercial solid waste shall be collected at least 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.
Residential solid waste containers shall be stored upon the residential premises. Commercial solid waste containers shall be stored upon private 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.
Any spillage or blowing litter caused as a result of the duties of the solid waste collector shall be collected and placed in the transportation vehicle by the solid waste collector.
Bulky rubbish shall be collected at least once annually. The Director of Public Works shall establish the procedure for collecting bulky rubbish.
No trash collection shall be made between the hours of 10:00 P.M. and 6:00 A.M.
[Ord. No. 1051 §§4.1-4.3, 5-17-1988]
All transportation 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 transportation 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. 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.
Demolition and construction wastes shall be transported to a disposal area as provided in Section 225.050 (A). A permit shall not be required for the hauling of demolition and construction waste; 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.
[Ord. No. 1051 §§5.1-5.2, 5-17-1988; Ord. No. 1611 §§1 — 2, 9-17-1996]
Solid wastes shall be deposited at a processing facility or disposal area approved by the City and complying with all requirements of the Missouri Solid Waste Management Law, Sections 260.200 to 260.245, RSMo., and the rules and regulations adopted thereunder. The City may designate the processing or disposal facility to be utilized by persons operating under Section 225.060 of this Chapter.
Hazardous wastes under provisions will require special handling and shall be disposed of only in a manner authorized by State regulations.
Household hazardous waste may be taken to a site established by Kansas City, Missouri, for the collection and appropriate disposal of items of this nature. Parkville residents may avail themselves of this service under the conditions of an agreement between Parkville and Kansas City authorized by Ordinance No. 1611.
[Ord. No. 1051 §§6.1-6.10, 5-17-1988]
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; provided, however, that this provision shall not be deemed to apply to employees of the holder of any such permit. The permit will be issued as part of the occupational license.
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 of Public Works 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 the amount of not less than five hundred thousand dollars ($500,000.00) for each person injured or killed, and in the amount of not less than one million dollars ($1,000,000.00) 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. Such policy may be written to allow the first one thousand dollars ($1,000.00) of liability for damage to property to be deductible. Should any such policy be canceled, the Director of Public Works 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;
The number of solid waste transportation vehicles to be operated thereunder;
The precise location or locations of solid waste processing or disposal facilities to be used;
Boundaries of the collection area;
Such other information as required by the Director of Public Works.
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 of Public Works may issue the permit authorized by this Chapter as a part of the occupational license. The Director of Public Works shall have the authority to limit the number of annual permits issued under this Section in order to preserve the health, comfort, safety and welfare of the residents, to promote energy conservation, and to provide for collection and disposal consistent with good solid waste management practices. The permit shall be issued for a period of one (1) year, and each applicant shall pay therefor a fee of twenty-five dollars ($25.00) for each transportation vehicle to be used regularly. If modifications can be made to the applications regarding service, equipment, or mode of operation, so as to bring the application within the intent of this Chapter, the Director of Public Works shall notify the applicant in writing setting forth the modification to be made and the time in which it shall be done.
If the applicant does not make the modifications pursuant to the notice in Subsection (D) hereof, 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 of Public Works 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. Nothing in this Section shall prevent the denial of a permit should the total number of annual permits have already been issued.
The annual permit may be renewed upon payment of the fee or fees as designated herein if the business has not been modified, the collection vehicles meet the requirements of Section 225.040 of this Chapter, and the renewal is approved by the Director of Public Works. If modifications have been made, the applicant shall reapply for a permit as set forth in Subsections (B) and (C) hereof. No permits authorized by this Chapter shall be transferrable from person to person.
In order to insure complaints with the laws of this State, this Chapter and the rules and regulations authorized herein, the Director of Public Works is authorized to inspect all phases of solid waste management within the City of Parkville. 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 of Public Works 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 Director of Public Works 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.
In the event a permit is revoked and the person continues to operate, the Director of Public Works may request the action of a Court of law to enjoin the acts and to enforce compliance with this Chapter or any rule or regulation promulgated thereunder. In any such action, the Court may grant to the City such prohibitory or mandatory injunctive relief as the facts may warrant.
All motor vehicles operating under any permit required by this Chapter shall display the permit on the windshield of the vehicle.
[Ord. No. 1051 §7, 5-17-1988]
The Board of Aldermen shall make, amend and revoke rules and regulations, governing, but not limited to:
Preparation, drainage and wrapping of garbage deposited in solid waste containers.
Specifications for solid waste containers, including the type, composition, equipment, size and shape thereof.
Identification of solid waste containers and of the covers thereof, and of equipment thereto appertaining, if any.
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.
Storage of solid waste in solid waste containers.
Sanitation, maintenance and replacement of solid waste containers.
Collection points of solid waste containers.
Collection, transportation, processing and disposal of solid waste.
Records of quantity and type of wastes received at processing and/or disposal facilities.
Handling of special wastes such as sludges, ashes, agriculture, construction, bulky items, tires, automobiles, oils, greases, etc.
The Director of Public Works shall enforce the above rules and regulations.
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.
[Ord. No. 1051 §8, 5-17-1988]
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 container;
Fail to have solid waste collected as provided in this Chapter;
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 approved by the City and the Missouri Department of Natural Resources;
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;
[Ord. No. 1051 §9, 5-17-1988]
Any person violating any of the provisions of this Chapter, or any lawful rules or regulations promulgated pursuant thereto, upon conviction, shall be punished by a fine of not less than twenty-five dollars ($25.00), nor more than five hundred dollars ($500.00), and/or imprisoned for a period of up to ninety (90) days; provided, that each day's violation thereof shall be a separate offense for the purpose hereof.