Cross References — Building codes, ch. 500; floodplain management, ch. 420; littering, §§215.170 — 215.180; planning, ch. 400; plumbing code, §§500.210 et seq.; streets and sidewalks, ch. 510; water, ch. 705; sewers and sewage disposal, ch. 710; subdivision regulations, ch. 410; zoning regulations, ch. 405.
[R.O. 2008 §235.010; CC 1968 §13-1; CC 1988 §13-26; Ord. No. 6611 §1, 6-12-2000; Ord. No. 24-2007 §12, 12-13-2007; Ord. No. 14-2018, 10-24-2018[2]]
The following words, terms and phrases, when used in this Chapter,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
Non-putrescible solid waste consisting of combustible and
non-combustible waste materials from dwelling units or from commercial,
industrial, institutional or agricultural establishments which is
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.
Removal of solid waste from its place of storage to the transportation
vehicle.
Solid waste resulting from the operation of any commercial,
industrial, institutional or agricultural establishment and multiple-housing
facilities with more than two (2) dwelling units.
Solid waste collection company which holds a contract with
the City of Louisiana.
Waste materials from the construction or destruction of structures.
The director of the solid waste management program of the
City who shall be the City Administrator.
A disposable plastic or paper sack 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 that
forms 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.
Shall include, without excluding other substances, any refuse,
trash, garbage, cans, lumber, tree limbs, yard wastes, glass, glass
bottles, wire, nails, tacks, hedge clippings, rubbish or waste material
of any kind whatsoever.
A housing facility containing more than two (2) dwelling
units under one (1) roof.
Any person who, alone, 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.
Solid waste.
Solid waste resulting from the maintenance and operation
of dwelling units excluding multiple-housing facilities with more
than two (2) dwelling units.
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, overburden, rock,
tailings, matte, slag or other waste material resulting from mining,
milling or smelting.
A receptacle used by any person to store solid waste during
the intervals between solid waste collections.
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.
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 its 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.
[2]
Editor's Note: The title of this Chapter was changed from
Garbage, Trash and Refuse, to Solid Waste Collection And Disposal
and the designation of Article I was removed as there was no Article
II within the Chapter.
[R.O. 2008 §235.020; Code 1968 §13-7; CC 1988 §13-27; Ord. No. 14-2018, 10-24-2018]
A.Â
The
director, in conjunction with the contract/contractor, shall make,
amend, revoke, and enforce reasonable and necessary rules and regulations
governing, but not limited to:
1.Â
Preparing, draining and wrapping of garbage deposited in solid waste
containers;
2.Â
Specifications for solid waste containers including the type, composition,
equipment, size and shape of containers;
3.Â
Identification of solid waste containers and the covers of containers
and of equipment pertaining to the containers, 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 of and routes 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 and fees for the use thereof;
11.Â
Disposal facilities and fees for the use thereof; and
12.Â
Handling of special wastes such as toxic wastes, sludges, ashes,
agriculture wastes, construction wastes, bulky items, tires, automobiles,
oils, greases, etc.
B.Â
The
City of Louisiana Enterprise shall be responsible for preparing service,
charge billings for the City and is hereby authorized to make and
promulgate reasonable and necessary rules and regulations for the
billing and collection of solid waste collection and/or disposal service
charges as provided in this Chapter.
C.Â
A copy
of any and all rules and regulations made and promulgated under the
provisions of this Section shall be filed in the office of the City
Clerk.
[R.O. 2008 §235.030; Code 1968 §13-2; CC 1988 §13-28; Ord. No. 14-2018, 10-24-2018]
A.Â
The
occupant of every dwelling unit and of every institutional, commercial,
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
demolition and construction waste, to serve each such dwelling unit
and establishment. The occupant shall maintain such solid waste containers
at all times in good repair.
B.Â
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 in this Chapter, 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 in capacity. Containers shall be leakproof, waterproof,
fitted with a fly-tight lid and shall be properly covered at all times
except when depositing solid 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 the 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. The containers shall meet the requirements established pursuant to Section 235.020. Commercial solid waste collection shall be independently contracted.
E.Â
All
solid waste containers must be pre-approved by the contractor before
collection will commence.
[R.O. 2008 §235.040; Code 1968 §13-3; CC 1988 §13-29; Ord. No. 14-2018, 10-24-2018]
A.Â
The
City shall provide for the collection of all residential solid waste
in the City; by contracting with a company, person, County, other
City or a combination thereof for the entire City or portions thereof
as deemed to be in the best interest of the City.
B.Â
All
solid waste from premises for which collection services are provided
by the City shall be collected weekly. Large, bulky items will be
picked up at the contractor's discretion as agreed upon in the contract
executed with the City. All solid waste collected shall, upon being
loaded into transportation equipment, become the property of the collection
agency or contractor.
C.Â
Placement
Of Containers.
[Ord. No. 31-2021, 12-22-2021]
1.Â
Solid waste containers as required by this Chapter for the storage
of other residential solid waste shall be placed at or near the rear
of the building for collection, as arranged with the City's Waste
Collection Service.
2.Â
Any solid waste containers which are to be placed at the curb for
collection shall not be so placed until the evening before the regularly
scheduled collection day, and shall be removed by 7:00 P.M. on the
collection day.
3.Â
Solid waste containers shall be stored in or within five (5) feet
of a structure on the property of the resident at least ten (10) feet
from the road or alleyway on which waste collection occurs. This may
include purpose-built structures to hold the waste containers, which
may be placed within ten (10) feet of the road or alleyway on which
waste collection occurs.
D.Â
Each
solid waste collection agency operating under contract with the City
is 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 by
solid waste collectors upon written request by the owner.
E.Â
The
following collection frequencies shall apply to collections of solid
waste within the City:
1.Â
All residential solid waste shall be collected at least once weekly.
2.Â
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 safety of the public.
F.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 and shall be fully accessible to collection equipment,
public health personnel and fire inspection personnel.
G.Â
Solid
waste collection agencies operating under contract with the City shall
be responsible for the collection of solid waste from the point of
collection to the transportation vehicle. 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. 2008 §235.050; Code 1968 §13-4; CC 1988 §13-30; Ord. No. 14-2018, 10-24-2018]
A.Â
All
transportation vehicles shall be maintained in a safe, clean and sanitary
condition. All vehicles used for transportation of solid waste shall
be constructed with water-tight bodies. The vehicle shall have a cover
which shall be an integral part of the vehicle or which shall be a
separate cover of suitable material with fasteners designed to secure
all sides of the cover to the vehicle. The cover shall be secured
whenever the vehicle is transporting solid waste or, as an alternative,
the entire body thereof shall be enclosed with only the loading hopper
exposed. No solid waste shall be transported in the loading hopper.
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.
[R.O. 2008 §235.060; Code 1968 §13-5; CC 1988 §13-31; Ord. No. 14-2018, 10-24-2018]
A.Â
Solid
waste shall be deposited at a processing facility or disposal area
approved by the City and in compliance with all requirements of the
Missouri Solid Waste Management Law, Sections 260.200 to 260.245,
RSMo.
B.Â
The
contractor, with the approval of the City Council, may classify certain
wastes as hazardous wastes that will require special handling. Such
hazardous wastes shall be disposed of only in a manner acceptable
to the contractor and in a manner that will meet all local, State
and Federal regulations.
[R.O. 2008 §235.070; Code 1968 §13-9; CC 1988 §13-32; Ord. No. 14-2018, 10-24-2018]
A.Â
A service
charge for collection of residential solid waste shall be in an amount
determined by the contractor, with the approval of the City Council,
on the basis of quantity and characteristics of material, and point
of pickup. The service charge for commercial establishments shall
be determined by the contractor and commercial establishment.
B.Â
The
service and service charge shall be terminated upon presentation of
satisfactory proof by the occupant or owner to the director that any
such dwelling unit or commercial establishment is unoccupied, and
the service and service charge shall be commenced upon renewed occupancy
thereof.
C.Â
A reduced
service charge may be granted by the City of Louisiana Enterprise
in hardship cases. A hardship shall be determined by the City of Louisiana
Enterprise.
D.Â
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 sewage disposal. The City
may enforce collection of service charges by bringing proper legal
action against the occupant of any dwelling unit or occupant of any
commercial establishment to recover any sums due for services plus
a reasonable attorney's fee to be fixed by the court plus the cost
of such action.
E.Â
The
service charge provided for in this Section is hereby imposed upon
the occupant of each occupied dwelling unit and the billing shall
be remitted to the contractor. The City shall charge a fee for collection
of five percent (5%) that is deducted from the portion remitted to
the contractor on a monthly basis. Service charges shall be payable
to City of Louisiana Enterprise, and the City of Louisiana Enterprise
shall take steps to collect all delinquent charges.
[R.O. 2008 §235.080; Code 1968 §13-8; CC 1988 §13-33; Ord. No. 24-2016 § 1, 6-20-2016; Ord. No. 14-2018, 10-24-2018]
A.Â
It shall be unlawful for any person to:
1.Â
Deposit solid waste in any other solid waste container other
than his/her own without the written consent of the owner of such
container;
2.Â
Interfere in any manner with solid waste collection and transportation
equipment or with any solid waste collector in the lawful performance
of his/her duties as such, whether such equipment or collector shall
be that of the City or that of a solid waste collection agency operating
under contract with the City;
3.Â
Dispose of solid waste at any facility or location that is not
approved by the City and the State Department of Natural Resources.
[R.O. 2008 §235.090; Code 1968 §13-6; CC 1988 §13-34; Ord. No. 14-2018, 10-24-2018]
A.Â
In
order to ensure compliance with the laws of this State, this Chapter
and the rules and regulations authorized by this Chapter, 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 by this Chapter for the storage, collection,
transportation or disposal of solid waste or the laws of the State,
the director shall issue notice for each such violation stating in
the notice the violation found, the time, the date and the corrective
measure to be taken together with the time in which such correction
shall be made.
B.Â
Any
person who feels aggrieved by any notice of violation or order issued
pursuant to the notice of the director may, within ten (10) days of
the act for which redress is sought, appeal directly to the Circuit
Court of the County, in writing, setting forth in a concise statement
the act being appealed and the grounds for its reversal.
[R.O. 2008 §235.100; Code 1968 §13-10; CC 1988
§13-35; Ord. No. 14-2018, 10-24-2018]
Any person violating any of the provisions of this Chapter or any lawful rules and regulations promulgated pursuant to this Chapter shall, upon conviction in the Municipal Court, be punished as provided in Section 100.170 of this Code.
[R.O. 2008 §235.110; Code 1968 §13-6(a); CC 1988
§13-51; Ord. No. 14-2018, 10-24-2018]
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 City license.
[R.O. 2008 §235.120; Code 1968 §13-6(c); CC 1988
§13-52; Ord. No. 14-2018, 10-24-2018]
A.Â
Each
applicant for the license required by this Chapter shall state in
his/her application the following:
1.Â
The nature of the license desired that will be to collect, transport,
process or dispose of solid waste or any combination thereof;
2.Â
The characteristics of solid waste to be collected, transported,
processed or disposed;
3.Â
The number of solid waste transportation vehicles to be operated
under such license;
4.Â
The precise location of solid waste processing or disposal facilities
to be used;
5.Â
The boundaries of the collection areas; and
6.Â
Such other information as required by the City.
[R.O. 2008 §235.130; Code 1968 §13-6(b); CC 1988
§13-53; Ord. No. 14-2018, 10-24-2018]
No license required by this Chapter shall be issued until and
unless the applicant, in addition to all other requirements of this
Chapter, shall file and maintain with the City evidence of a satisfactory
public liability insurance policy providing coverage of at least three
hundred thousand dollars ($300,000.00) per person, eight hundred thousand
dollars ($800,000.00) per incident, plus fifty thousand dollars ($50,000.00)
for property damage, plus Workers' Compensation insurance, covering
all operations of the applicant pertaining to such business and all
vehicles to be operated in the conduct of such business. Should any
such policy be cancelled, 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 which shall also
place upon the company writing such policy the duty to give such notice.
[R.O. 2008 §235.140; Code 1968 §13-6(d); CC 1988
§13-54; Ord. No. 14-2018, 10-24-2018]
If the application for the license required by this Chapter
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 City shall issue the license. The license shall be issued
for a period of one (1) year, and each applicant for the license shall
pay a fee in such amount as established by the City Council.
[R.O. 2008 §235.150; Code 1968 §13-6(e); CC 1988
§13-55; Ord. No. 14-2018, 10-24-2018]
If the application for the license required by this Chapter
does not clearly show that the collection, transportation, processing
or disposal of solid waste will create no public health hazard or
will not be without harmful effects on the environment, the application
shall be denied and the applicant notified by the City, 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.
[R.O. 2008 §235.160; Code 1968 §13-6(f); CC 1988
§13-56; Ord. No. 14-2018, 10-24-2018]
The annual license required by this Chapter may be renewed simply upon payment of the fee required by Section 235.140 if the business has not been modified. If modifications have been made the applicant shall reapply. No license authorized by this Chapter shall be transferable from person to person.
