Cross References — As to nuisances, ch. 215; as to storage and disposal of garbage and refuse in mobile home parks, §505.200.
State Law References — Authority to provide for disposal
of garbage and refuse, §§71.680, 71.690, RSMo.
[R.O. 2009 §12-16]
For the purpose of this Article, 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 Festus, 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 City Administrator.
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 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 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.
Garbage, refuse and other discarded materials including,
but not limited to, solid and semi-solid 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.
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 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. 2009 §12-17; Ord. No. 1915 §§2, 3(7), 3-26-1986]
A.
Occupant To Provide And Maintain Containers. 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 of Festus, Missouri,
shall provide or be provided by contract with a solid waste provider
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.
[Ord. No. 4207 §I, 1-15-2015]
B.
Placement In Containers And Maintenance Of Surrounding Area Required. 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.
Container Storage Sites. 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 fully accessible to collection equipment, public health personnel
and fire inspection personnel.
D.
Residential Container Requirements. 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 or a size agreed
to by contract with a solid waste provider. 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 lightweight 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 City Administrator may also be used
for storage of residential solid waste.
[Ord. No. 4207 §I, 1-15-2015]
E.
Commercial Container Requirements. Commercial solid waste shall be stored in solid waste containers as approved by the City Administrator. 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 225.060.
F.
Tree Limbs And Brush. 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 eighteen (18) inches in diameter
when not placed in storage containers. The weight of any individual
bundle shall not exceed seventy-five (75) pounds.
G.
Yard Wastes. 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.
H.
Collection Of Containers Not Meeting Specifications. 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. 2009 §12-18; Ord. No. 1915 §3, 3-26-1986]
A.
Generally. The City shall provide for the collection of
solid waste as follows:
1.
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 contracting 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.
The City may, at its discretion, provide commercial solid waste collection
services. However, it shall be the duty of such establishment to provide
for collection of all solid waste produced upon any such premises.
B.
Collection From Premises To Which Services Provided. All
solid waste from premises to which collection services are provided
by the City 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 City Administrator.
C.
Location. Tree limbs and yard wastes, as described in Section 225.020, Subsections (F) and (G) respectively, shall be placed at a location determined by the City Administrator. Solid waste containers as required by this Article for the storage of other residential solid waste shall be placed at a location determined by the City Administrator for collection. Any solid waste containers, tree limbs, yard wastes or other solid waste permitted by this Article to be placed at the curb or alley for collection shall not be so placed until the regularly scheduled collection day.
D.
Bulky Rubbish. Bulky rubbish shall be collected twice annually.
The City Council shall establish the procedure for collecting bulky
rubbish.
E.
Authority And Limitation Of Collectors. 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 Article. 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.
F.
Frequency Of Collection. 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. 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 City Administrator 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.
Responsibility Of Collectors. Solid waste collectors employed
by the City or a solid waste collection agency operating under contract
with the City 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 Article. 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. 2009 §12-19; Ord. No. 1915 §4, 3-26-1986]
A.
All
transportation vehicles shall be maintained in a safe, clean and sanitary
condition and shall so be 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 materials 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.
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 Subsection (A) above. 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. 2009 §12-20; Ord. No. 1915 §5, 3-26-1986]
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 this Article.
B.
Hazardous
wastes under provisions will require special handling and shall be
disposed of only in a manner authorized by State regulations.
[R.O. 2009 §12-22; Ord. No. 1915 §7, 3-26-1986; Ord. No. 2002 §1, 7-22-1987]
A.
Generally. The City Administrator shall make, amend, revoke
and enforce reasonable 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.
Schedules of and routes for collection and transportation of solid
waste.
8.
Collection points of solid waste containers.
9.
Collection, transportation, processing 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 sludges, ashes, agriculture, construction,
bulky items, tires, automobiles, oils, greases, etc.
14.
Requiring a permanent screen, fence or wall enclosure in which the
trash dumpster or container is to be placed.
B.
Rules For Billing And Collection Of Service Charges. 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 collection and/or disposal
service charges as hereinafter provided for.
C.
Retention Of Rules And Regulations. 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. 2009 §12-23; Ord. No. 1915 §8, 3-26-1986]
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.
Fail to have solid waste collected as provided in this Article;
3.
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.
Burn solid waste unless an approved incinerator is provided or unless
a variance has been obtained from the appropriate air pollution control
agency;
5.
Dispose of solid waste at any facility or location which is not approved
by the City and the Missouri Department of Natural Resources;
6.
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;
[R.O. 2009 §12-24; Ord. No. 1915 §9, 3-26-1986; Ord. No. 2021 §1, 1-13-1988; Ord. No. 3945 §I, 10-13-2010]
A.
Established. There is hereby imposed, for the collection
and disposal of solid waste in order to protect the general public
health and environment, a service charge for each dwelling unit and
each commercial establishment. The service charge for collection of
residential solid waste shall be that amount specified in the contract
currently in force between the City and its solid waste contractor.
The City charges to every residential solid waste bill, a one dollar
($1.00) administration fee to pay for expenses associated with solid
waste service administration.
B.
Termination Of Service And Charges. The service and service
charge shall be terminated upon presentation of satisfactory proof
to the City Administrator that any such dwelling unit or establishment
is unoccupied and shall be commenced upon renewed occupancy thereof.
C.
Collection Of Charges. The system of services established
by the provisions of this Article 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 dwelling unit or owner of any commercial establishment
to recover any sums due for such services plus a reasonable attorney's
fee to be fixed by the court plus the cost of such action.
D.
Imposition, Payment And Frequency Of Billing. The service
charge herein provided for is hereby imposed upon the occupant of
each dwelling unit. Service charges shall be payable to the department
empowered to collect service charges imposed by the City. The service
charge shall be billed quarterly along with the normal water/sewer
utility bill.
[R.O. 2009 §12-25; Code 1975 §450.150]
If any person receiving services under the provisions of this
Article shall fail to pay the monthly charge therefor when due, the
City may suspend both solid waste collection and water service, or
either service, to such person until such time as such person has
paid such obligation in full and made a deposit of a sum equal to
at least one (1) quarterly payment, which sum shall be kept by the
City and used to offset any future deficiency.
[R.O. 2009 §12-26; Code 1975 §450.160]
All payments received by the City under the provisions of Section 225.080 shall be used to defray the expenses of collection and disposal of solid waste and to purchase and maintain the equipment necessary to carry out the provisions of this Article.
[R.O. 2009 §12-46; Ord. No. 2135 §1, 7-11-1990]
The purpose of this Article is to require mandatory separation
of recyclables to aid and promote collection thereof and disposal
by means other than deposit in a sanitary landfill or by burning.
[R.O. 2009 §12-47; Ord. No. 2135 §1, 7-11-1990]
Whenever used in this Article, the following words, terms and
phrases and their derivations shall have the following meaning:
A place designated by the City where residents may drop off
recyclables for recycling with the contractor.
The City of Festus.
The solid waste hauler selected by the City to collect recyclables
for recycling.
A location adjacent to and no more than five (5) feet from
any street.
Those dwellings described in the definition of "dwelling
unit" in Section 225.010 of this Chapter.
All one-family, two-family and multiple-family dwellings
located in the City.
Newsprint, glass containers, aluminum foil, cans and utensils and batteries, all reasonably free of food, dirt and other contaminants. Also included as a recyclable is any other material that the City may hereafter be required or choose to collect as a recyclable. For purposes of this Article, recyclables shall not include other solid waste, bulky rubbish or hazardous waste as defined in Article II of this Chapter.
A labeled, sturdy, cylindrical container furnished by the
City for the storage of recyclables.
The separation and reuse of materials which might otherwise
be disposed of as solid waste.
Every person who is an owner or occupant of a dwelling.
[R.O. 2009 §12-48; Ord. No. 2135 §1, 7-11-1990]
A.
Every
resident of every premises shall separate the recyclables from their
respective premises from all other refuse, garbage, rubbish and waste
matter and shall store the recyclables in a recyclables container
furnished by the City. Recyclables containers shall remain the property
of the City and shall be returned when residents relocate.
B.
Paper
recyclables shall be bundled separately; aluminum and glass recyclables
may be placed together in the recyclables container.
C.
Recyclables
containers for storage of recyclables shall be kept in the same location
as is designated for refuse containers; however, residents of dwellings,
not earlier than twelve (12) hours prior to the day for scheduled
collection of recyclables from their respective dwellings, shall place
the recyclables containers at curbside adjacent to the dwelling or
garage accessory thereto and visible from the street in front of the
dwelling. After the scheduled collection, the containers for recyclables
and any recyclables not collected shall be returned by the resident
of the dwelling to the same location as containers for refuse are
kept.
D.
Notwithstanding Subsections (A) and (C), residents of apartments and other multiple-family dwellings of more than six (6) units shall be furnished with a commercial recyclables bin instead of individual recyclables containers. Said bin shall be permanently placed on the premises at a convenient location for the residents. Pickups shall be made by the contractor directly from the bin.
E.
The
deposit of unauthorized materials into a recyclables container or
bin or removal of another person's recyclables from a recyclables
container or bin or conversion of a recyclables container shall be
deemed a violation of this Article.
[R.O. 2009 §12-49; Ord. No. 2135 §1, 7-11-1990]
A.
Collection
of recyclables from premises shall be by a hauler selected and paid
by the City, which hauler shall be duly licensed by the City. Also,
such collection shall be done in compliance with all other applicable
ordinances of the City now or hereafter in effect. The recyclables
shall be collected from the premises covered by such contract by the
collector under contract with the City and on terms and conditions
set out in such contract.
B.
The
collection of recyclables at curbside by any private hauler not authorized
by the City is expressly prohibited.
C.
The
contractor shall collect all recyclables once each week in accordance
with schedules of and routes for collection as determined by the City
Administrator.
D.
Neither the foregoing provisions of this Section nor any other provisions of this Article shall prevent any resident from discarding that resident's recyclables by personally delivering them to a recycling plant, manufacturer or other vendor, but the provisions of Section 225.150 of this Article shall be complied with by such resident.
E.
The
City may designate a central collection site for the discarding of
recyclables.
[R.O. 2009 §12-50; Ord. No. 2135 §1, 7-11-1990]
Recyclables shall not, in any event, be deposited in any landfill,
be burned in any incinerator or be deposited or distributed in any
way or manner which is contrary to then applicable law, Statute, ordinance,
rule or regulation. Provided however, that the restrictions hereinabove
shall not apply to any recyclables which are deposited in a landfill
or burned pursuant to specific prior written approval granted by the
City. Residents shall take such action as is reasonable under the
circumstances to determine that recyclables are not disposed of contrary
to the provisions of this Section.
[R.O. 2009 §12-51; Ord. No. 2135 §1, 7-11-1990]
All recyclable materials shall be owned by and the responsibility
of the occupants of residential properties until they are placed for
collection by the occupants at curbside. Upon placement of the recyclable
materials on curbside by the occupant, the recyclable materials, with
the exception of recyclables containers which are reusable, become
the property and responsibility of the contractor.
[R.O. 2009 §12-52; Ord. No. 2135 §1, 7-11-1990]
The contractor's employees shall evaluate the condition of recyclables
containers for possible reuse. If reusable, they will be left with
the resident for the next month's collection. In the event the recyclables
container is determined to be unserviceable for another month, then
a new recyclables container furnished by the City will be left with
the resident and the old recyclables container collected and recycled.
Recyclables containers will be exchanged on a one-for-one basis as
determined by condition at collection time. The number of new containers
furnished will be reported to the City monthly along with contractor's
monthly summary report.
[R.O. 2009 §12-53; Ord. No. 2135 §1, 7-11-1990]
A.
The
City will compensate the contractor for the collection of recyclable
materials from dwelling units in the City. During the first (1st)
year, the City will pay the contractor on a monthly basis the sum
of one dollar forty cents ($1.40) per month per dwelling unit; thereafter,
the rate will be a negotiated rate per the contract in force each
year. Payment will be made after receipt of contractor's monthly report.
B.
Contractor
may retain all proceeds of sale of recyclables to recycling plants,
manufacturers or other users.
C.
The
contractor shall provide access to the City or any of its duly authorized
representatives to review any books, documents, papers and records
of the contractor which are directly pertinent to this Article for
the purpose of making an audit, other examination and preparing excerpts
and transcriptions.
[R.O. 2009 §12-54; Ord. No. 2135 §1, 7-11-1990]
The contractor will dispose of recyclables at a local recycling
plant, if available; otherwise, contractor may sell recyclables to
any purchaser of the contractor's choosing.
[R.O. 2009 §12-56; Ord. No. 2135 §1, 7-11-1990]
The provisions of this Article shall control over any contrary or inconsistent provisions in Article II of this Chapter.
[R.O. 2009 §12-57; Res. No. 2585½, 11-20-1995]
A.
The
City of Festus, County of Jefferson, does hereby agree to undertake
the following actions to implement the solid waste management plan:
1.
Ensure that recycling collection opportunities are available for
residents.
2.
Ensure that yard waste collection opportunities are available for
residents.
3.
Undertake an in-house waste reduction and recycling audit.
4.
Provide ongoing waste reduction and recycling education and public
participation.
5.
Provide an annual solid waste management report to the district by
March first (1st) of the following year.
6.
Provide the district with two (2) copies of all solid waste ordinances
and contracts currently in effect and two (2) copies of all future
ordinances and contracts adopted.
