[CC 1987 §210.010; Ord. No. 788 §1, 6-28-1974; Ord. No. 92-3 §1, 6-9-1992]
For the purposes of this Chapter, the following terms shall
be deemed to have the meaning indicated below:
An incinerator which complies with all current regulations
of the 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 Northwoods, 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 waste.
Any single 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, 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.
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 deposition 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.
[CC 1987 §210.020; Ord. No. 788 §§2.1 — 2.7, 6-28-1974; Ord. No. 92-3 §2, 6-9-1992]
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, waterproof, and fitted with a fly-tight lid and shall
be properly covered at all times except when depositing waste therein
or removing the contents thereof. The containers shall have handles,
bails or other suitable lifting devices or features. Containers shall
be of a type originally manufactured for residential solid waste,
with tapered sides for easy emptying. They shall be of light weight
and sturdy construction. The weight of any individual container and
contents shall not exceed seventy-five (75) pounds. Galvanized metal
containers, rubber or fiberglass containers, and plastic containers
which do not become brittle to 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 Subsection (F).
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 eighteen
(18) inches in diameter when not placed in storage containers. The
weight of any individual bundle shall not exceed seventy-five (75)
pounds.
F.
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.
Yard wastes may be placed only in biodegradable paper bags or in containers
with lids securely placed. Yard wastes shall not be placed in any
type of plastic bag.
G.
Solid
waste containers which are not approved will be collected together
with their contents and disposed of.
[CC 1987 §210.030; Ord. No. 788 §§3.1 — 3.10, 6-28-1974]
A.
The
City shall provide for the collection of solid waste as follows:
1.
Collection of residential solid 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 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.
Other collections. The City shall 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.
3.
All solid waste from premises to which collection 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.
4.
Tree limbs and yard wastes, as described in Subsections (E) and (F) of Section 250.020 respectively, shall be placed at the curb or alley for collection. Solid waste containers as required by this Chapter for the storage of other residential solid waste shall be placed at the curb or alley for collection. Any solid waste containers, tree limbs, yard wastes, or other solid waste permitted by this Chapter to be placed at the curb or alley for collection shall not be so placed until the regularly scheduled collection day.
5.
Bulky rubbish shall be collected by request to the Director. The
Director shall establish the procedure for collecting bulky rubbish.
6.
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 approval by the Director.
7.
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 two (2) times weekly. At least seventy-two (72)
hours shall intervene between collections. All commercial solid waste
shall be collected two (2) times 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.
8.
Residential solid waste containers shall be stored upon the residential
premises. Commercial solid waste containers shall be stored upon private
property, unless the owner shall have been granted written permission
from the City to use public property for such purposes. The storage
site shall be well drained; fully accessible to collection equipment,
public health personnel and fire inspection personnel.
9.
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 watertight
bodies and with covers which shall be an integral part of the vehicle
or shall be a separate cover of suitable material with fasteners designed
to secure all sides of the cover to the vehicle and shall be secured
whenever the vehicle is transporting solid waste, or, as an alternate,
the entire bodies thereof shall be enclosed, with only loading hoppers
exposed. No solid waste shall be transported in the loading hoppers.
10.
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.
[CC 1987 §210.040; Ord. No. 788 §§5.1 — 5.10, 6-28-1974]
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 therefore 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 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 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 one hundred thousand dollars ($100,000.00)
for damage to property. Such policy may be written to allow the first
(1st) one hundred dollars ($100.00) 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 the 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 therefore:
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 wastes without hazard to the public health
or damage to the environment and in conformity with the laws of the
State of Missouri 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 five dollars
($5.00) for each collection 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 the notice in Subsection (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 reapplication comply with the provisions of this Chapter.
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 Chapter 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 of
Northwoods. 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,
processing or disposal of solid waste of the laws of the State of
Missouri, 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 correction 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 ten (10) days of the act
for which redress is sought appeal directly to the Municipal Court
of Northwoods 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 Chapter
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 four (4) inches high. Each permit for processing or disposal
facilities shall be prominently displayed at the facility.
[CC 1987 §210.050; Ord. No. 788 §6, 6-28-1974]
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 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 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
Director 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.
A copy
of any and all rules and regulations made and promulgated under the
provision hereof shall be filed in the office of the City Clerk of
the City.
[CC 1987 §210.060; Ord. No. 788 §7, 6-28-1974]
A.
It
shall be unlawful for any person to:
1.
Deposit solid waste in any solid waste container other than his/her
own, without having 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 an 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 1987 §210.090; Ord. No. 86-37 §2, 10-14-1986]
A.
Any
contractor whose bid or proposal is accepted by the City for any type
of work, wherein said bid or proposal calls for expenditures by the
City of Northwoods in the amount of ten thousand dollars ($10,000.00)
or more, shall provide sufficient performance bonds to the City of
Northwoods to insure that said contractor shall perform the work contracted
for and accepted by the Board of Aldermen of the City of Northwoods
on the contractor's bid or proposal. Should any contractor fail to
provide said performance bonds to insure his/her faithful performance,
the City at its option, shall have the right to terminate the contract
between the City and the contractor.
B.
The
Board of Aldermen of the City of Northwoods shall have the right to
demand that a contractor whose bid or proposal for work for the City
is less than ten thousand dollars ($10,000.00) provide sufficient
performance bonds to insure the faithful performance of the contractor
on said bid or proposal, and the City shall have the right to terminate
any such contract if the contractor fails to provide proof of such
performance bonds.
[Ord. No. 18-7, 4-10-2018]
A.
If
the City shall provide waste collection and disposal services, the
City shall impose for such collection and disposal of solid waste
an annual service charge for each dwelling unit and each commercial
establishment to which such service shall be provided under the provisions
of this Chapter. The annual service charge for collection of residential
solid waste shall be as established by the Board of Aldermen from
time to time. The service charge for each commercial establishment
will be determined by the Director on the basis of quantity and characteristics
of material, point of pickup, and the time required to collect 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. The service herein provided shall be deemed to be a benefit
to the legal owner of the dwelling unit and the commercial establishment
and will be billed to the owner thereof regardless of occupancy status.
The system of services established by the provisions of this Chapter
hereof is designed as an integral part of the City's program of health
and sanitation.
C.
Service
charges shall be payable to the department empowered to collect service
charges imposed by the City, or to any person, firm, organization
or corporation contracting with the City to provide such billing services
for the City or to any third party contracted to provide services
under this Chapter and authorized to bill the owner of the property
directly.
D.
If
the owner of a dwelling unit or commercial establishment receiving
service under this Chapter fails to pay the service charge for collection
of solid wastes within thirty (30) days after billing, interest at
the rate of one and one-half percent (1.5%) per month shall be imposed
on such overdue service charge. If such service charge is not paid
in full, together with any interest due thereon, within ninety (90)
days of billing, the City may file suit against such owner in the
Circuit Court of St. Louis County to collect such service charge and
interest.
E.
If
the City has contracted with a third party to collect solid waste
in the City, and if the contract with such third party requires that
the service charge be paid directly to such third party, such third
party may file such suit against the owner to collect such service
charge and interest. In any such action, the owner shall also be liable
for all court costs and a reasonable attorney's fee to be fixed by
the court as a part of any judgment entered. Any judgment entered
by such court shall be a lien on such real estate as provided in Section
511.350, RSMo.
F.
Collection
of solid waste shall be deemed to be furnished to both the occupant
and owner of all dwelling units receiving service, and the owner of
such units shall be liable for payments of any and all charges associated
with the collection of solid waste.
G.
The
service charge for the collection of residential solid waste shall
be billed every month directly to the owner of the property.
H.
Failure
to pay service charges to the City's approved solid waste collector
within thirty (30) days of invoice is a violation of this Chapter.
I.
Any
person violating any of the provisions of this Chapter, or any lawful
rules or regulations promulgated pursuant thereto, upon conviction,
shall be guilty of an ordinance violation; provided that each day's
violation thereof shall be a separate offense for the purpose thereof.
