[Ord. No. 310 §1, 6-6-1988]
For the purposes of this Chapter, the following terms shall
be deemed to have the meanings 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.
Removal of solid waste from its place of storage to the transportation
vehicle.
All solid waste generated from a source other than a dwelling
unit.
Such person, firm or corporation as may be contracted with
to provide solid waste transportation and disposal for the Village.
A location adjacent to and not more than five (5) feet from
any street.
Waste materials from the construction or destruction of residential,
industrial or commercial structures.
The Director of the Solid Waste Management Program of the
Village.
Disposable plastic or paper sacks with a capacity of twenty
(20) to thirty-nine (39) gallons or, if specifically designated for
storage of solid waste, a maximum of ninety-five (95) gallons.
Any room or group of rooms located within a structure and
forming a single habitable unit with facilities which are used or
are intended to be used for living, sleeping, cooking and eating.
Units of multiple-housing facilities may be billed as dwelling units
upon request by the owner of said dwelling units.
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
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.
Clothes washers and dryers, water heaters, trash compactors,
dishwashers, conventional ovens, ranges, stoves, wood stoves, air-conditioners,
refrigerators and freezers.
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, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
Items which are eliminated by State law from being disposed
of in a solid waste disposal area including, but not limited to, major
appliances, waste oil, lead acid batteries, waste tires and the like
as the same may be now or hereafter defined by State law.
Solid waste resulting from the maintenance and operation
of 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, 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.
The transporting of solid waste from the place of collection
or processing to a solid waste processing facility or solid waste
disposal area.
The Village of Marlborough, Missouri.
Leaves, grass clippings, yard and garden vegetation and Christmas
trees. The term does not include stumps, roots or shrubs with intact
root balls.
[Ord. No. 310 §§3.7 —
3.8, 6-6-1988]
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 Village 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,
business, industrial or agricultural establishment shall place all
solid waste to be collected in proper solid waste containers and shall
maintain such solid waste containers and the area surrounding them
in a clean, neat and sanitary condition at all times. Accumulation
of waste in suitable containers shall not be stored upon any site
in the Village for a period longer than ten (10) days.
C.
Residential
solid waste shall be stored in containers as provided by the current
solid waste hauler or of not more than thirty-nine (39) gallons nor
less than twenty (20) gallons in nominal capacity, except that residential
solid waste may be stored in trash bags of adequate strength in a
size not to exceed fifty-five (55) gallons. All containers, including
bags, shall be leak-proof and water-proof, fly-tight and properly
covered, tied or enclosed, except when depositing waste therein or
removing the contents thereof. Containers other than bags shall have
handles, bails or other suitable lifting devices or features. Containers
other than bags 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, including bags and its 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 in addition to bags. Disposable solid waste containers with
suitable frames or containers as approved by the Village may also
be used for storage of residential solid waste. Galvanized metal containers
or rubber, fiberglass or plastic containers with suitable frames or
containers as approved by the Village may also be used for storage
of residential solid waste.
1.
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 Village 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.
D.
Commercial solid waste shall be stored in solid waste containers as approved by the Board. 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 230.060.
1.
Solid waste collectors, employed by the Village or a solid waste
collection agency operating under contact with the Village, 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 Section.
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.
E.
Solid
waste containers which are not approved will be collected together
with their contents and disposed of.
[Ord. No. 310 §§2.5 —
2.6, 6-6-1988]
A.
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.
B.
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.
A.
The
Village shall provide for the collection of solid waste as follows:
1.
Collection of residential solid waste. The Village
shall provide for the collection of residential solid waste in the
Village, provided however, that the Village may provide the collection
service by contracting with a person, County or other Village or a
combination thereof for the entire Village or portions thereof as
deemed to be in the best interests of the Village.
2.
Other collections. The Village may, at its discretion,
provide commercial solid waste collection services upon specific application
of the owners or persons in charge thereof. However, in the event
that such application is not made or approved, it shall be the duty
of such establishment to provide for collection of all solid waste
produced upon any such premises in a manner approved by Village. If
and when the Village does provide commercial collection service, the
provisions herein concerning such service shall apply.
B.
All
solid waste from premises to which collection services are provided
under contract with the Village shall become the property of the collection
agency upon being loaded into the transportation equipment.
C.
Solid
waste containers as required by this Chapter for the storage of residential
solid waste shall be placed at curbside for collection but shall not
be so placed until after 6:00 P.M. on the day next preceding the regularly
scheduled collection day. Containers shall be removed from curbside
no later than 8:00 P.M. on the day of collection. No alley service
shall be allowed under the terms of this Chapter, except as approved
by the Board of Trustees.
D.
Individuals
desiring the collection of bulky rubbish shall deal directly with
those licensed by the Village for the collection of the same.
E.
Solid
waste collectors, employed by the Village or a solid waste collection
agency operating under contract with the Village, 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.
F.
It
shall be the responsibility of the occupants of each dwelling unit
to prepare, package and deliver solid waste to curbside for collection
as prescribed in this Chapter and as it may be amended from time to
time.
G.
It
shall be the responsibility of each commercial, industrial, institutional
or other non-residential generator of solid waste to prepare, package
and store solid waste so generated as prescribed by this Chapter and
as it may be amended from time to time.
H.
It
shall be the responsibility of every solid waste collector to abide
by this Chapter and receive and transport solid waste in a manner
consistent with the provisions of this Chapter.
I.
The
following collection frequencies shall apply to collections of solid
waste within the Village: All residential solid waste, other than
bulky rubbish, shall be collected at least once weekly. All commercial
solid waste shall be collected once weekly and shall be collected
at such lesser intervals as may be fixed by the Board upon a determination
that such lesser intervals are necessary for the preservation of the
health and/or safety of the public.
J.
Residential solid waste containers shall be stored upon the residential premises. Except as provided in Subsection (C) hereof, all solid waste containers stored out-of-doors shall be stored behind any building located on the tract of land. Commercial solid waste containers shall remain in the location from which they are to be serviced except while being serviced.
K.
All
solid waste collectors operating under contract with the Village or
otherwise collecting solid waste within the Village limits shall be
responsible for the collected solid waste from the point of collection
to the point of disposal, provided the solid waste was stored in compliance
with the applicable Sections of this Chapter. Any spillage or blowing
litter caused as a result of the duties of the solid waste collector
shall be collected and placed in the transportation vehicle by the
solid waste collector.
L.
It
shall be unlawful for any person, firm or corporation collecting and
disposing of rubbish, garbage or waste material from premises in the
residential districts or premises in any commercial district which
abuts or adjoins a residential district in the Village to make such
collection or dispose of rubbish, garbage or waste materials between
the hours of 9:00 P.M. and 7:00 A.M.
[Ord. No. 310 §3.3, 6-6-1988]
Tree limbs and yard wastes, as described in Sections 230.025(A) and 230.025(B) respectively, shall be placed at the (curb, alley or the rear of the building) for collection. Solid waste containers as required by this Chapter for the storage of other residential solid waste shall be placed (at the curb, alley or the rear of the building) 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.
A.
All
transportation vehicles shall be maintained in a safe, clean and sanitary
condition and shall be so constructed, maintained and operated as
to prevent spillage of solid waste therefrom. All vehicles to be used
for transportation 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 alternative,
the entire bodies thereof shall be enclosed with only loading hoppers
exposed. Provided however, other vehicles may be used to transport
bulky rubbish which because of its size or weight is not susceptible
to being loaded or unloaded in vehicles described above, but in no
event shall such vehicles be operated without adequate cover or binding
to prevent spillage or waste therefrom and in accordance with the
rules and regulations made by the Board.
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.
[Ord. No. 310 §4.3, 6-6-1988]
Demolition and construction wastes shall be transported to a disposal area as provided in Section 230.050. A permit shall not be required for the hauling of demolition and construction waste, 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.
A.
Solid
wastes shall be deposited at a processing facility or disposal area
approved by the Village and complying with all requirements of the
Missouri Solid Waste Management Law, Sections 260.200 to 260.255,
RSMo., and the rules and regulations adopted thereunder. The Village
may designate the processing or disposal facility to be utilized by
persons holding permits under this Chapter.
B.
The
Board may classify certain wastes as hazardous wastes which will require
special handling and shall be disposed of only in a manner acceptable
to the Board which will meet all local, State and Federal regulations.
A.
The
Board may 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 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 toxic wastes, sludge, ashes, agriculture,
construction, bulky items, tires, automobiles, oils, greases, etc.
B.
The
Village Clerk or such other Village Official who is responsible for
preparing utility or other service charge billings for the Village
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, subject to the approval of the Board.
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 Village Clerk
of the Village.
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 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 Village, those of a solid waste collection agency
operating under contract with the Village, or any duly licensed collector.
3.
Dispose of solid waste at any facility or location which is not approved
by the Missouri Division of Health.
4.
Engage in the business of collecting, transporting, processing or
disposing of solid waste within the corporate limits of the Village
without a permit from the Village, or operate under an expired permit,
or operate after a permit has been suspended or revoked.
[Ord. No. 10-479 §1, 5-10-2010]
The provisions of this Article shall apply to the location and
length of use of portable storage containers and roll-off trash containers
on any property used for residential purposes within the Village.
[Ord. No. 10-479 §2, 5-10-2010]
The following words, terms and phrases, when used in this Article,
shall have the meanings ascribed to them in this Article. Where terms
are not defined in this Article and are defined elsewhere in this
Code or in other adopted ordinances, such terms shall have the meaning
ascribed to them elsewhere in this Code or in those ordinances. Where
terms are not defined through the methods authorized by this Article,
such terms shall have ordinarily accepted meanings as the context
implies.
Any container designed and used for the storage of personal
property of a non-hazardous nature which is typically rented or leased
to owners or occupants of property for their temporary use and which
is typically delivered and removed by truck.
A large container designed and used for the storage of refuse,
rubbish, trash, garbage, junk, debris, or any material rejected as
useless and fit only to be thrown away. Such container is typically
rented or leased to owners or occupants of property for their temporary
use and which is typically delivered and removed by truck. This term
shall not be interpreted to refer to a "trash container" or "dumpster"
that is stored in an enclosed area or in a more permanent manner on
the property. Apartment complexes with thirty (30) units or more are
exempt from this definition if the roll-off is enclosed in a more
permanent manner on the property and emptied on a monthly basis.
[Ord. No. 10-479 §3, 5-10-2010]
All portable storage containers and-roll-off trash containers
shall be delivered and maintained in good condition free from rodents,
insects, graffiti, or any obscene, vulgar and/or pornographic words
or pictures. It shall be the responsibility of the property owner,
renter and the supplying company to maintain the portable storage
containers or roll-off trash containers in accordance with the provisions
of this Article.
[Ord. No. 10-479 §4, 5-10-2010]
A.
Portable Storage Containers. Portable storage containers
shall not be placed on public property or within the Village's right-of-way.
All portable storage containers shall be placed on a paved surface
or in the front or rear yard and be located a minimum of eleven (11)
feet behind the edge of the street pavement or alley or the edge of
the street pavement or alley in the case where no curb exists. The
placement of portable storage containers shall fit within boundaries
and allow for established setbacks. The placement of portable storage
containers shall not encroach onto adjoining properties and shall
not block or hinder access to or from emergency escape and rescue
openings.
Exception. Should existing site conditions
not allow for the placement of a portable storage container in full
compliance with these provisions, exceptions may be considered and
written approval granted on a case-by-case basis by the Building Commissioner
or his designee. The Building Commissioner may solicit input from
the Board of Trustees, or neighborhood Police Officer, prior to granting
such approval.
B.
Roll-Off Trash Containers. The placement of roll-off trash
containers shall not encroach onto adjoining properties and shall
not block or hinder access to or from emergency escape and rescue
openings. All roll-off trash containers shall be placed on a paved
surface or in the front or rear yard and be located a minimum of eleven
(11) feet behind the edge of the street pavement or curb or the edge
of the street pavement or alley in the case where no curb exists.
Roll-off containers shall fit within boundaries and allow for established
setbacks. Roll-off trash containers shall not be stored in buildings
or places within five (5) feet of combustible walls, openings or combustible
roof eave lines. Unless otherwise permitted bylaw, roll-off trash
containers shall not be located in any part of the village's right-of-way,
whether improved or unimproved by written approval of the Building
Commissioner or his designee.
[Ord. No. 10-479 §5, 5-10-2010]
B.
Roll-off
trash containers may be stored on the property for a period not to
exceed:
1.
Thirty (30) consecutive days, or
2.
Thirty-one (31) non-consecutive days in any forty-five (45) consecutive
day period, and may be allowed up to three (3) non-consecutive times
in any one (1) year period.
|
Exceptions: Roll-off trash containers may be stored on the property for a period longer than set forth in Subsection (B)(1) above:
| ||
|
1.
|
When being used in conjunction with a construction project that
has a valid Village issued building permit.
| |
|
2.
|
When the Chairman has declared the Village or a portion thereof
a disaster area.
| |
|
3.
|
When being used in conjunction with an approved conditional
use permit.
| |
[Ord. No. 10-479 §6, 5-10-2010]
A.
All
portable storage containers and roll-off trash containers shall also
meet the following requirements:
1.
Containers shall only be moved, loaded or unloaded between the hours
of 7:30 A.M. and 6:00 P.M., Monday through Saturday;
2.
Containers shall not be used for living quarters;
3.
Containers shall not be used to store flammables, explosives, firearms,
or noxious chemicals;
4.
Containers shall not be externally illuminated or have any utilities
connected to it; and
5.
Containers shall not exceed eight (8) feet in height, eight (8) feet
in width or twelve (12) feet in length.
B.
A permit
must be obtained at Village Hall.
