[R.O. 2011 §220.010; Ord. No. 119-89 §1, 2-1-1989]
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 located in solid
waste transportation vehicles by solid waste collectors, with the
equipment available therefor.
The City of Byrnes Mill, Missouri.
Removal of solid waste from the designated pickup location
to the transportation vehicle.
Waste materials from the construction and demolition of residential,
industrial, or commercial structures, but shall not include materials
defined as clean fill under Section 260.200, RSMo.
The Director of the Solid Waste Management Program of the
City shall be the Public Works Director.
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
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 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, limited liability company, corporation,
association, trust, institution, city, county, other political subdivision,
authority, State agency or institution, or federal agency or institution,
or any other legal entity. As applied to partnerships or associations,
the word includes the partners or members thereof; and as applied
to corporations, it includes the officers, agents or employees thereof
who are responsible for the act referred to.
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
Garbage, refuse and other discarded materials, including,
but not limited to, solid and semisolid 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, post-use polymers,
recovered feedstocks, overburden, rock, tailings, matte, mill scale
and slag or other waste material resulting from mining, milling or
smelting. Solid waste does not include "yard waste" as defined herein.
Receptacle used by any person to store solid waste during
the interval between solid waste collections.
Any area used for the disposal of solid waste from more than
one (1) residential premises, or one (1) or more commercial, industrial,
manufacturing, recreational, or governmental operations.
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.
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.
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. 2011 §220.020; Ord. No. 119-89 §2, 2-1-1989]
A.Â
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.Â
The
occupant or owner of every dwelling unit and of every institutional,
commercial, industrial, agricultural or 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.Â
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 may also be used for storage of residential solid
waste.
D.Â
Commercial solid waste shall be stored in solid waste containers as approved by the Director. 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 220.060.
E.Â
Tree
limbs less than forty (40) 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 when not placed in storage containers. The
weight of any individual bundle shall not exceed seventy-five (75)
pounds.
F.Â
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 of any individual container and contents shall not exceed
seventy-five (75) pounds.
G.Â
Solid
waste containers which do not meet the specifications as outlined
in this Section will be collected together with their contents and
disposed of.
[R.O. 2011 §220.030; Ord. No. 119-89 §3, 2-1-1989]
A.Â
The City will provide for the collection of solid waste, in accordance
with the regulations, terms and conditions as established by the City,
approved by the Board of Alderpersons and implemented by the City
Administrator or his/her designee. The following regulations, terms
and conditions apply to collection of solid waste in the City:
[Ord. No. 900-19, 6-19-2019; Ord. No. 906-19, 8-21-2019]
1.Â
Residential Solid Waste, Bulky Waste And Recyclables. The City
will provide for the collection of all residential solid waste, bulky
waste and recyclables in the City, and provide the collection service
by contracting with a privately operated firm. There shall be one
(1) solid waste collector for all residential waste areas with exception
of the Commercial District located off Highway W and Hunter Lane.
Payment of any fees associated with this service as provided under
the City's solid waste collection contract shall be the sole responsibility
of the property owner. Residential solid waste shall be collected
at least once per week, at the front curbline. Solid waste is to be
picked up in trash containers supplied by the resident or in containers
rented from the contractor that have a capacity up to ninety-five
(95) gallons. Collection of the City's residential solid waste, bulky
waste, yard waste, and recyclables shall be accomplished any day,
excluding Saturday and Sunday. Materials collected for recycling at
the curb shall include those materials as established by the collection
service contract. All spillage of waste at any stage of the collection
and transportation operation shall be immediately and completely removed
by the contractor.
2.Â
Other Collections. It shall be the duty of all non-residential
and commercial establishments in the City to provide for collection
of all solid waste produced upon such premises.
B.Â
All
solid waste from premises shall be collected, except bulky rubbish
as defined herein. Bulky rubbish will be collected in accordance with
the rules and regulations as promulgated by the Director.
C.Â
Tree limbs and yard wastes, as described in Section 220.020 (E) and (F) respectively, shall be placed at the curb, alley, rear of the building, or any other place requested by the solid waste disposal company for collection. Solid waste containers as required by this Chapter for the storage of other residential solid waste shall be placed at the curb, alley, rear of the building, or any other place requested by the solid waste disposal company for collection. Any solid waste containers, tree limbs, yard wastes, or other solid waste permitted by this Chapter placed at the designated point for collection shall not be so placed until the regularly scheduled collection day.
D.Â
Bulky
rubbish shall be collected at least once annually. The Director shall
establish the procedure for collecting bulky rubbish.
E.Â
Solid
waste collectors 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
of other residential buildings for the purpose of collecting residential
solid waste. Commercial solid waste may be removed from within commercial
establishments upon written request of the owner and approval by the
Director.
F.Â
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 or requested by the
commercial establishment upon a determination that such lesser intervals
are necessary for the preservation of the health and/or safety of
the public.
G.Â
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.
H.Â
Solid
waste collectors shall be responsible for the collection of solid
waste from the designated pickup location to the transportation vehicle,
provided the solid waste was stored in compliance with the provisions
set forth in this Chapter. 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.
[R.O. 2011 §220.040; Ord. No. 119-89 §4, 2-1-1989]
A.Â
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 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.
B.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.
C.Â
Demolition and construction wastes shall be transported to a disposal areas as provided in Section 220.050(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.
[R.O. 2011 §220.050; Ord. No. 119-89 §5, 2-1-1989]
A.Â
Solid
waste 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, Section 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 this Chapter.
B.Â
Hazardous Wastes. Hazardous wastes under provisions will
require special handling and shall be disposed of only in a manner
authorized by State regulations.
[R.O. 2011 §220.070; Ord. No. 119-89 §7, 2-1-1989]
A.Â
The
Director shall make, amend, revoke, and enforce reasonable 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 for collection and transportation of solid waste.
8.Â
Collection points of solid waste containers.
9.Â
Collection, transportation, processing and disposal of solid waste.
10.Â
Processing facilities.
11.Â
Disposal facilities.
12.Â
Records of quantity and type of wastes received at processing and/or
disposal facilities.
13.Â
Handling of special wastes such as sludges, ashes, agriculture, construction,
bulky items, tires, automobiles, oils, greases, etc.
B.Â
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.
[R.O. 2011 §220.080; Ord. No. 119-89 §8, 2-1-1989]
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
Fail to have solid waste collected as provided in this Chapter;
3.Â
Interfere in any manner with solid waste collection and transportation
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;
4.Â
Burn solid waste unless an approved incinerator is provided or unless
a variance has been obtained from the appropriate air pollution control
agency;
5.Â
Dispose of solid waste at any facility or location which is not approved
by the City and the Missouri Department of Natural Resources;
6.Â
Engage in the business of collection, 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;
