[R.O. 2006 §220.010; CC 1980 §430.010; Ord. No. 580, 6-18-1973]
For the purposes of this Chapter, the following terms shall
be deemed to have the meanings indicated herein:
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
therefor.
The City of Troy, Missouri.
Removal and transportation of solid waste from its place
of storage to its place of processing or disposal.
Waste materials from the construction or destruction of residential,
industrial or commercial structures.
The Director of the Solid Waste Management Program of the
City, or his/her authorized representative.
Disposable plastic or paper sacks with a capacity of twenty
(20) to thirty-five (35) gallons specifically designed for storage
of solid 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, 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, bailing, 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 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.
The process of discarding or getting rid of unwanted material,
in particular the final disposition 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.
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. 2006 §220.020; CC 1980 §430.020; Ord. No. 580, 6-18-1973]
A.
The
occupant 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 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.
Residential
solid waste shall be stored in containers as provided by the current
solid waste hauler or of not more than thirty-five (35) gallons nor
less than twenty (20) gallons in nominal capacity. Containers shall
be leakproof 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 one hundred (100) 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.
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.
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 twenty-four
(24) inches in diameter when not placed in storage containers. The
weight of any individual bundle shall not exceed seventy-five (75)
pounds.
F.
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. At least ninety-six
(96) hours shall intervene between collections. All commercial solid
waste shall be collected 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.
[Ord. No. 1177 §1, 5-6-2013]
G.
Solid
waste containers which are not approved will be collected together
with their contents and disposed of.
[R.O. 2006 §220.030; CC 1980 §430.030; Ord. No. 580, 6-18-1973]
A.
The
Board of Aldermen shall provide for the collection of solid waste
as follows:
1.
Collection of residential waste. 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 contract 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.
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 premise.
B.
All
solid waste from premises to which collecting services are provided
by the City shall be collected, except bulky rubbish as defined herein,
provided however, that bulky rubbish will be collected if tied securely
in bundles not exceeding reasonable limitations of weight and bulk
to be fixed by regulations to be made and promulgated by the Director
as hereinafter provided. All solid waste collected shall, upon being
loaded into collection equipment, become the property of the collection
agency.
C.
Tree limbs and yard wastes, as described in Section 220.020, Subsections (E) and (F) respectively, shall be placed at the curb for collection. Solid waste containers as required by this Section for the storage of other residential solid waste shall be placed at the curb for collection. Any solid waste containers, tree limbs, yard waste or other solid wastes permitted by this Chapter to be placed at the curb for collection shall not be so placed until the regularly scheduled collection day.
D.
Bulky
rubbish shall be collected by request to the Director. The Director
shall establish the procedure for collecting bulky rubbish.
E.
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. Commercial solid
waste may be removed from within commercial establishments upon written
request of the owner and approved by the Director.
F.
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 twice weekly. At least twenty-four
(24) hours shall intervene between collections. All commercial solid
waste shall be collected 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.
G.
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 the collection equipment, public
health personnel and fire inspection personnel.
H.
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 body thereof shall be enclosed, with only loading hoppers
exposed. No solid waste shall be transported in the loading hoppers.
I.
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 right-of-way.
J.
Transportation
and disposal of demolition and construction wastes shall be in accordance
with Chapter 260, RSMo.
[R.O. 2006 §220.040; CC 1980 §430.040; Ord. No. 580, 6-18-1973]
A.
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
Division of Health.
B.
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.
[R.O. 2006 §220.050; CC 1980 §430.050; Ord. No. 580, 6-18-1973]
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.
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 evidence of a satisfactory public liability insurance
policy, covering all operation 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 hundred thousand dollars ($100,000.00)
for each person injured or killed, and in the amount of not less than
three hundred thousand dollars ($300,000.00) 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 fifty thousand dollars ($50,000.00) for
damage to property. Such policy may be written to allow the first
ten percent (10%) of liability for damage to property to be deductible.
Should any such policy be canceled, the Director 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/her 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 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.
D.
If
the application shows that the applicant will collect, transport,
process or dispose of solid waste without hazard to the public health
or damage to the environment and in conformity with the laws of the
State 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 a fee of one hundred dollars ($100.00)
for each solid waste processing or disposal facility operated and
a fee of one hundred dollars ($100.00) for each collecting 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.
E.
If the applicant does not make the modifications pursuant to notice in Section 220.050(D), 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 re-application comply with the provisions of this Section.
F.
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) of this Section. No permits authorized by this Section shall be transferable from person to person.
G.
In
order to insure 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 or disposal
of solid waste of the laws of the State, 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.
H.
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 corrections 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.
Any
person who feels aggrieved by any notice of violation or order issued
pursuant thereto of the Director may, within twenty (20) days of the
act for which redress is sought appeal directly to the Circuit Court
of Lincoln County, in writing, setting forth in a concise statement
the act being appealed and the grounds for its reversal.
J.
All
motor vehicles operating under any permit required by this Section
shall display the number or numbers on each side in colors which contrast
with that of the vehicle, such numbers to be clearly legible and not
less than three (3) inches high. Each permit for processing or disposal
facilities shall be prominently displayed at the facility.
[R.O. 2006 §220.060; CC 1980 §430.060; Ord. No. 580, 6-18-1973]
A.
The
Director shall make, amend, revoke and enforce reasonable and necessary
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, 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.
Schedules of and routes for collection of solid waste;
8.
Collection points of solid waste containers;
9.
Collection and disposal of solid waste;
10.
Processing facilities and fees for the use thereof;
11.
Disposal facilities and fees for the use thereof;
12.
Records of quantity and type of wastes received at processing and/or
disposal facilities;
13.
Handling of special wastes such as toxic wastes, sludges, ashes,
agriculture construction, bulky items, tires, automobiles, oils, greases,
etc.
B.
The
City Clerk 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 collections
and/or disposal service charges, as hereinafter provided for.
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.
[R.O. 2006 §220.070; CC 1980 §430.070; Ord. No. 580, 6-18-1973]
A.
It
shall be unlawful for any person to:
1.
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.
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.
Burn solid waste unless 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 Division of Health.
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.
[CC 1980 §220.080; Ord. No. 333, 7-10-1939; Ord. No.
911, 8-19-2002]
A.
It
shall be unlawful for any person, firm or corporation to burn leaves,
yard waste, solid waste, refuse or rubbish within the City limits
unless a valid Department of Natural Resources burn permit is obtained,
displayed on-site and complied with. Said permit shall contain location,
date and conditions of burning.
B.
It
shall be unlawful for any person, firm or corporation to accumulate
or pile yard waste, solid waste, refuse or rubbish which may cause
bad odors, unsanitary conditions or fire hazards within the City limits.
[R.O. 2006 §220.085; Ord. No. 944, 10-20-2003; Ord. No.
944A, 6-21-2004; Ord. No. 1194 §1, 10-21-2013]
A.
OPEN BURNING
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The burning of yard waste, including leaves, branches, and
grass clippings within the City limits of Troy, Missouri, during prescribed
periods allowed under the Ordinances of the City of Troy, Missouri.
B.
It shall be unlawful to burn commercial waste, industrial waste,
tires, waste oil, construction waste, household trash, paper products,
and food waste within the City limits of Troy, Missouri.
C.
The open burning of yard waste shall be allowed from October 1 through
March 31, so long as it is burned on the premises from which the yard
waste originated. Yard waste may not occur on the City right-of-way,
and the person burning such waste shall be responsible for the safe
burning of such waste.
D.
Open burning of construction waste is allowed if an appropriate permit
from the Missouri Department of Natural Resources is obtained and
presented to the Building Department of the City of Troy or if the
activity is exempt from State regulations.
[R.O. 2006 §220.090; CC 1980 §430.080; Ord. No. 580, 6-18-1973]
A.
There
is hereby imposed, for the collection and disposal of solid waste,
a service charge for each dwelling unit and each commercial establishment
to which such service shall be provided under this provision of this
Chapter. The service charge for collection of residential solid waste
shall be as specified in the current contract for removal of solid
waste. The service charge for each commercial establishment will be
determined by the Director on the basis of quantity and characteristics
of materials, point of pick-up, and time required to collect the solid
waste if service is performed by the City.
B.
The
service and service charge shall be terminated upon presentation of
satisfactory proof to the Director that any such dwelling unit or
establishment is unoccupied, and shall be commenced upon renewed occupancy
thereof.
C.
The
system of services established by the provisions of this Chapter is
designed as an integral part of the City's program of health and sanitation,
to be operated as an adjunct to the City's system for providing potable
water and the City's system for providing sewerage disposal. The City
may enforce collection of such charges by bringing proper legal action
against the occupant of any premises which has received such services,
to recover any sums due for such services plus a reasonable attorney's
fee to be fixed by the Court.
D.
The
service charge herein provided for is hereby imposed upon the occupant
of each dwelling unit receiving such service under the provisions
of this Chapter and billing therefor shall be made to the person contracting
for City water and/or sewerage service or for other water service
or otherwise providing water service to each such dwelling unit. In
the absence of information that such person is neither the owner nor
the tenant of such dwelling unit, in which event billing therefor
shall be made to the owner. Service charges shall be payable to the
department empowered to collect service charges imposed by the City.
[R.O. 2006 §220.100; CC 1980 §430.090; Ord. No. 580, 6-18-1973]
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 five dollars
($5.00), nor more than five hundred dollars ($500.00), provided, that
each days' violation thereof shall be a separate offense for the purpose
hereof.
