[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:
An incinerator which complies with all current regulations
of the responsible local, State and Federal air pollution control
agencies.
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.
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 plastic or paper sacks with a capacity of twenty
(20) to thirty-five (35) gallons specifically designed for storage
of solid waste.
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.
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).
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.
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.
Receptacle used by any person to store solid waste during
the interval between solid waste collections.
The process of discarding or getting rid of unwanted material.
In particular the final deposition of solid waste by man.
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.
Grass clippings, leaves, tree trimmings.
[Ord. No. 1051 §§2.1-2.7, 5-17-1988]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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]
A.
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]
B.
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.
C.
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.
D.
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.
E.
Bulky
rubbish shall be collected at least once annually. The Director of
Public Works shall establish the procedure for collecting bulky rubbish.
F.
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]
A.
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.
B.
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.
C.
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]
A.
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.
B.
Hazardous
wastes under provisions will require special handling and shall be
disposed of only in a manner authorized by State regulations.
C.
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]
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; 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.
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 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.
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;
3.
The number of solid waste transportation vehicles to be operated
thereunder;
4.
The precise location or 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 Director of Public Works.
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 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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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]
A.
The
Board of Aldermen shall make, amend and revoke 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.
Collection points of solid waste containers.
8.
Collection, transportation, processing and disposal of solid waste.
9.
Records of quantity and type of wastes received at processing and/or
disposal facilities.
10.
Handling of special wastes such as sludges, ashes, agriculture, construction,
bulky items, tires, automobiles, oils, greases, etc.
B.
The
Director of Public Works shall enforce the above rules and regulations.
C.
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]
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 container;
2.
Fail to have solid waste collected as provided in this Chapter;
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 the Missouri Department of Natural Resources;
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;
[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.
