[R.O. 2011 § 230.010; Ord. No.
1222 § 1, 7-5-2016]
For the purposes of this Chapter, the following terms shall
have these prescribed meanings:
Any detachable metal container designed or intended to be
mechanically dumped into the packer type garbage truck used by the
trash collector and varying in size from one (1) to eight (8) cubic
yards.
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 by one (1)
person in solid waste transportation vehicles, but does not include
items that may not be disposed of in a landfill.
Any hospital, private club, church, school, factory, industrial
or manufacturing concern, retail, professional, and wholesale facilities,
and any other commercial enterprises offering goods or services to
the public.
The City of Owensville, Missouri.
Removal of solid waste from the designated pickup location
to the transportation vehicle.
All businesses, factories, stores, service providers, or
other similar entities established to offer a service or product,
not including dwelling units, multi-dwellings, or residences.
All solid waste generated from a source other than a dwelling
unit.
A controlled biological reduction of organic waste to humus.
Waste materials from the construction and demolition of residential,
industrial, or commercial structures, but shall not include materials
defined as "clean fill" under Section 260.200.1(6), RSMo.
Such person, firm, or corporation as may be contracted to
provide solid waste transportation and disposal for the City.
A location adjacent to and not more than five (5) feet from
any street.
Disposable plastic bags with a capacity of at least thirty
(30) 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.
Units of multiple housing facilities may be billed as dwelling units
upon request by the owner of said dwelling units.
All waste and accumulation of animal, fruit, or vegetable
matter that attends or results from the preparation, use, handling,
cooking, serving, or storage of meats, fish, fowl, fruit, vegetable
matter of any nature whatsoever which is subject to decay, putrefaction,
and the generation of noxious and offensive gases or odors, or which
may serve as breeding or feeding material for flies and other germ-carrying
insects.
Any light gauge steel, plastic, or galvanized receptacle,
closed at one end and open at the other, furnished with a top or lid
and two (2) handles and of not more than thirty-gallon capacity and
not weighing more than seventy-five (75) pounds when full.
Any waste or combination of wastes, as determined by the
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 the environment.
The appointed public health and restaurant inspector of the
City.
Clothes washers and dryers, water heaters, trash compactors,
dishwashers, conventional ovens, ranges, stoves, wood stoves, air
conditioners, refrigerators, and freezers.
Any building or structure containing two (2) or more contiguous
living units and intended exclusively for residential use.
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.
Items which are eliminated by State law from being disposed
of in a solid waste disposal area, including, but not limited to,
major appliances, waste oil, lead acid batteries, waste tires, and
the like as the same may be now or hereafter defined by State law.
A detached single-family structure designed or intended for
occupancy by one (1) person or by one (1) family. Each mobile home
in a non-containerized area shall be deemed a residence and each pad
space shall be deemed a single-family structure.
Solid waste resulting from the maintenance and operation
of dwelling units.
Any person, or family unit living in a home, apartment, duplex,
mobile home, or other form of private dwelling within the City.
All semisolid and solid waste derived from and during the
procurement, storage, processing, cooking and consumption of food
materials of animal, vegetable or synthetic origin which are intended
for and are used by residents for the refreshment or sustenance of
human beings or pets. "Solid waste" does not include dead animals
or unprocessed animal parts. It includes: hard cover books, sawdust,
shavings, pieces of cutting, tin cans, tinware and other metallic
items and materials, glassware, crockery, dishes and parts of furniture,
fixtures and other household equipment of such weight, dimension,
size and shape that they can be handled by one (1) man and all other
useless, rejected and cast off matter, except as herein provided,
which is produced by and accumulated in households. "Solid waste"
shall not include household hazardous waste, such as wet paint, pesticides,
strong cleaning agents, tires, auto batteries and combustibles of
any kind. "Solid waste" shall not include infectious waste as defined
by State law (Section 260.200, RSMo.). "Solid waste" shall not include:
ashes stored in ash pits, parts of trees, bushes and soil, mortar,
plaster, concrete, bricks, stone, gravel, sand and all wasted or leftover
materials resulting from grading, excavation, construction, alteration,
repair or wrecking of buildings, structures, walls, roofs, roads,
streets, walks or other facilities and such items of rubbish whose
weight, size, dimension and shape require more than one (1) man for
removal; provided, however, that debris resulting from remodeling,
repair or reconstruction of any single-family residential dwelling
unit by the occupants (not builders) may be removed if properly placed
in acceptable containers, which containers are not heavier than can
be handled by one (1) man.
Receptacle used by any person to store solid waste during
the interval between solid waste collections, including disposable
solid waste containers, bulk containers, and garbage cans.
The process of discarding or getting rid of unwanted material.
In particular, the final disposition of solid waste by man.
A solid waste disposal area which also includes one (1) or
more of the functions contained in the definitions of recycling, resource
recovery facility, waste tire collection center, waste tire processing
facility, waste tire site or solid waste processing facility, excluding
incineration (see Section 260.200, RSMo.).
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.
Major appliances (as defined by Section 260.200, RSMo.) and
any other items that cannot be disposed of at landfills, not including
hazardous or infectious waste.
Leaves, grass clippings, yard and garden vegetation, tree
limbs and Christmas trees. The term does not include stumps, roots
or shrubs with intact root balls.
[R.O. 2011 § 230.020; Ord. No.
1222 § 1, 7-5-2016]
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 City shall obtain or provide sufficient and
adequate containers for the storage of all solid waste, except bulky
goods/furniture, white goods/appliances, and demolition and construction
waste, to serve each such dwelling unit and/or establishment. Such
solid waste containers shall be maintained 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 ninety-six (96) gallons nor less than twenty (20) gallons in
nominal capacity. All containers shall be leakproof, waterproof, and
fitted with a fly-tight lid and shall be properly covered or closed
at all times except when depositing waste therein or removing the
contents thereof. Garbage cans and bulk containers shall have handles,
bails or other suitable lifting devices or features. Residential users
may store their containers outdoors so long as the containers are
located at the ground level to the side or to the rear and immediately
adjacent to the dwelling, and not in front of the property's building
line.
D.Â
Commercial solid waste shall be stored in solid waste containers
as approved by the City Administrator. Containers shall be waterproof,
leakproof, and shall be covered at all times except when depositing
waste therein or removing the contents thereof.
E.Â
Yard wastes shall be stored in containers, or bags designed to hold
yard wastes, 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 (75) pounds. All containers
or bags holding yard wastes shall be placed at the ground level to
the side or to the rear and immediately adjacent to the dwelling.
F.Â
Solid waste containers or bags which are not approved will be collected
together with their contents and discarded.
[R.O. 2011 § 230.030; Ord. No.
1222 § 1, 7-5-2016; Ord. No. 1230 § 1, 10-3-2016]
A.Â
The City shall provide for the collection of solid waste as follows:
1.Â
Collection Of Residential Solid Waste. The City shall provide
for the collection of residential solid waste in the City; provided,
however, that the City may provide the collection service by contracting
with a person, firm, 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
Other Collections. The City may, at its discretion, provide
commercial solid waste collection services upon specific application
of the owners or persons in charge thereof. However, in the event
that such application is not made or approved, it shall be the duty
of such establishment to provide for collection of all solid waste
produced upon any such premises in a manner approved by City. Should
the City decide to provide commercial solid waste collection service,
the provisions herein concerning such service shall apply.
B.Â
All solid waste from premises to which collection services are provided
under contract with the City shall become the property of the contractor
upon being loaded into the transportation equipment.
C.Â
Solid waste containers as required by this Chapter for the storage
of residential solid waste shall be placed by 6:00 A.M. on the day
of collection at the appropriate location for collection but shall
not be so placed until after 6:00 P.M. on the day before the regularly
scheduled collection day. Containers shall be removed from the curb
no later than 9:00 P.M. on the day of collection.
D.Â
Individuals desiring the collection of bulky goods/furniture or white
goods/appliances shall obtain such services directly with those licensed
by the City for the collection of the same.
E.Â
It shall be the responsibility of the occupants of each dwelling
unit to prepare, package, and deliver yard wastes to the curbside
for collection as prescribed in this Chapter and as it may be amended
from time to time.
F.Â
It shall be the responsibility of each commercial, industrial, institutional,
or other non-residential generator of solid waste to prepare, package,
and store solid waste so generated as prescribed by this Chapter and
as it may be amended from time to time.
G.Â
It shall be the responsibility of every solid waste collector to
comply with the provisions of this Chapter with respect to the collecting
and transporting of solid waste in a manner consistent with the provisions
of this Chapter and all other applicable Federal, State and local
laws and regulations.
H.Â
The following collection frequencies shall apply to collections of
solid waste within the City:
1.Â
All residential solid waste, other than bulky goods/furniture and
white goods/appliances, shall be collected at least once weekly.
2.Â
All commercial solid waste shall be collected once weekly, and shall
be collected at such lesser intervals as may be fixed by the Board
upon a determination that such lesser intervals are sufficient for
the preservation of the health, safety and welfare of the public.
I.Â
Residential solid waste containers shall be stored upon the residential
premises. Commercial solid waste containers shall remain in the location
from which they are to be serviced except while being serviced.
J.Â
All solid waste collectors operating under contract with the City
or otherwise collecting solid waste within the City limits shall be
responsible for the collected solid waste from the point of collection
to the point of disposal, provided the solid waste was stored in compliance
with the applicable Sections of 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.
K.Â
It shall be unlawful for any person, firm, or corporation collecting
and disposing of rubbish, garbage, or waste material from premises
in the residential districts or premises in any commercial district
which abuts or adjoins a residential district in the City to make
such collection or dispose of rubbish, garbage or waste materials
between the hours of 9:00 P.M. and 6:00 A.M.
[R.O. 2011 § 230.040; Ord. No.
1222 § 1, 7-5-2016]
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 transportation
vehicles shall be constructed with water-tight bodies 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. The outer surface
of the vehicle shall be sufficiently clean in order to preserve an
acceptable appearance to the City.
B.Â
Permits shall not be required for the removal, hauling or disposal
of earth and rock material from grading or excavation activities.
All such material shall be conveyed in leakproof vehicles, trucks,
or receptacles so constructed and maintained so 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 area as provided in Section 230.050. A permit shall not be required for the hauling of demolition and construction waste. All such material shall be conveyed in leakproof vehicles, trucks, or receptacles so constructed and maintained so that none of the material being transported shall spill upon the public rights-of-way.
[R.O. 2011 § 230.050; Ord. No.
1222 § 1, 7-5-2016]
A.Â
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, Chapter 260, RSMo., and the rules
and regulations adopted thereunder, and all other applicable Federal,
State and local laws and regulations. The City may designate the processing
or disposal facility to be utilized by persons holding permits under
this Chapter.
B.Â
The City may classify certain wastes as hazardous wastes, which will
require special handling and shall be discarded only in a manner acceptable
to the City which will meet all local, State, and Federal laws and
regulations.
[R.O. 2011 § 230.060; Ord. No.
1222 § 1, 7-5-2016]
A.Â
No person, including any person contracting with the City for the
collection of solid waste, shall engage in the business of collecting
or transporting 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.
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 City 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 one million dollars ($1,000,000.00) for
each occurrence, not less than two million dollars ($2,000,000.00)
aggregate and not less than two million dollars ($2,000,000.00) umbrella
liability. Should any such policy be canceled, the City 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.
Any subcontractor shall provide insurance coverage in like amount
as is required of the contractor.
C.Â
If the application shows that the applicant will collect and transport solid wastes without harming the public health, safety and welfare or damaging the environment and is in conformity with all applicable Federal, State and local laws and regulations, including, but not limited to, this Chapter, and is approved by the City, the City Clerk shall, upon receiving the City Administrator's written approval of application, issue the permit authorized by this Chapter. The permit shall be issued for a period of one (1) year, and each applicant shall pay a fee as determined in Chapter 605 of the City Code. If, in the opinion of the City Administrator, modifications can be made to the application regarding service, equipment, or mode of operation, so as to allow the applicant to collect and transport solid wastes in a manner that does not harm the public health, safety and welfare or damage the environment, the City Administrator shall notify the applicant in writing setting forth the modification to be made and time in which it shall be done. If the applicant makes such modifications, then a permit shall be issued.
D.Â
If the applicant does not make the modifications pursuant to the notice in Subsection (C) hereof within the time limit specified therein, or if the application does not clearly show that the collection or transportation of solid wastes will not create a public health hazard or be without harmful effects on the environment, the application shall be denied and the applicant notified by the City Administrator, 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.
F.Â
In order to ensure compliance with all applicable Federal, State
and local laws and regulations, including, but not limited to, this
Chapter, the City Administrator is authorized to inspect all phases
of solid waste management within the City. No inspection shall be
made of any residential waste unit unless authorized by the occupant
or by due process of law. In all instances where such inspections
reveal a violation of this Chapter concerning processing or disposal
of solid waste or the laws of the State of Missouri, the City shall
issue notice for 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 City 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 not a public
health hazard created by the delay, one (1) extension of time not
to exceed the original time period may be given.
H.Â
Any person who feels aggrieved by any notice of violation or order
issued pursuant thereto of the City Administrator may, within thirty
(30) days of the act for which redress is sought, appeal directly
to the 20th Judicial Circuit Court.
[R.O. 2011 § 230.070; Ord. No.
1222 § 1, 7-5-2016; Ord. No. 1230 § 2, 10-3-2016]
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 or yard waste and disposal.
2.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, those of a solid waste collection agency operating
under contract with the City, or any duly licensed collector.
3.Â
Dispose of solid waste at any facility or location which is
not approved by the City and the Department of Natural Resources.
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
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
Whenever the City provides for refuse collection and removal
services from residences by contract with a private or public entity
or agency, it shall be unlawful for any property owner or occupant
to allow any service provider other than the City's contracted service
provider to collect and transport the solid waste from the residence.
[R.O. 2011 § 230.080; Ord. No.
1222 § 1, 7-5-2016]
The City may require performance or payment bonds of any solid
waste collection agency prior to issuing permits to so operate.
[R.O. 2011 § 230.090; Ord. No.
1222 § 1, 7-5-2016]
Every owner and occupant of property located within the City
has a responsibility and obligation to ensure that the property that
they own and/or occupy is in compliance with the provisions of this
Chapter.
[Ord. No. 1390, 6-6-2022]
A.Â
Facility
Established. The City has established a yard waste facility located
at 202 East Marvin, Owensville, MO 65066.
B.Â
Residency
Required. The City yard waste facility shall be open for use by City
residents only.
C.Â
Contractors
Prohibited. Contractors are prohibited from using the site regardless
of residency and regardless of the origin of the yard waste to be
dumped. Approved contractors are exempt from this Section if they
have received prior approval from the Public Works Director.
D.Â
Accepted
Material. The City yard waste facility shall accept only the following
materials:
1.Â
Grass clippings;
2.Â
Leaves;
3.Â
Brush from trees, flowers and shrubs, so long as nothing is thicker
than four (4) inches in diameter;
4.Â
Material may be delivered in plastic bags, but plastic bags must
be emptied and removed from the facility by the user. No plastic bags
shall remain at facility.
E.Â
The City prohibits items that do not conform to Subsection (D) above. A list of prohibited items, includes, but is not limited to, the following:
1.Â
Solid waste/garbage or any kind, other than that listed above;
2.Â
Tires or any metal items;
3.Â
Construction debris of any kind, including lumber and pallets;
4.Â
Furniture or appliances;
5.Â
Plastics or plastic bags;
6.Â
Industrial or commercial waste;
7.Â
Stones, bricks or rocks;
8.Â
Auto parts or automobiles in any form.
F.Â
Penalties.
Any person violating any of the provisions of this Chapter shall be
subject to a fine not less than fifty dollars ($50.00) nor more than
five hundred dollars ($500.00). Any cost incurred by the City to remove
the prohibited material will be passed onto the offender, as determined
by the City's Municipal Court, as restitution payable in addition
to fines and costs.
