For the purposes of this Chapter, the following terms shall
be deemed to have the meanings indicated below:
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.
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 fifty-five (55) 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.
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 natural individual, firm, partnership, trust, association
or corporation. 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 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. 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 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 Airport Drive, Missouri.
Leaves, grass clippings, yard and garden vegetation and Christmas
trees. The term does not include stumps, roots or shrubs with intact
root balls.
A.Â
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.Â
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 seven (7) days.
C.Â
Residential
solid waste shall be stored in containers 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 leakproof and waterproof,
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.
D.Â
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.
E.Â
Solid
waste containers which are not approved will be collected together
with their contents and disposed of.
A.Â
The Village
shall provide for the collection of solid waste as follows:
1.Â
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.Â
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.Â
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.Â
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.Â
Individuals
desiring the collection of bulky rubbish shall deal directly with
those licensed by the Village for the collection of the same.
E.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.
A.Â
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.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.
A.Â
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.Â
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.Â
The Board
may make, amend, revoke and enforce reasonable and necessary rules
and regulations governing, but not limited to:
1.Â
Preparation,
drainage and wrapping of garbage deposited in solid waste containers.
2.Â
Specifications
for solid waste containers including the type, composition, equipment,
size and shape thereof.
3.Â
Identification
of solid waste containers, and of the covers thereof, and of equipment
thereto appertaining, 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.
12.Â
Records
of quantity and type of wastes received at processing and/or disposal
facilities.
13.Â
Handling
of special wastes such as toxic wastes, sludge, ashes, agriculture,
construction, bulky items, tires, automobiles, oils, greases, etc.
B.Â
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.Â
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.Â
It shall
be unlawful for any person to:
1.Â
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.Â
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.Â
Dispose
of solid waste at any facility or location which is not approved by
the Village and the Missouri Division of Health.
4.Â
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.
The Board may require performance or payment bonds of any solid
waste collection agency prior to issuing permits to so operate.
A.Â
There
is hereby imposed for the collection and disposal of solid wastes
and for the improvement of the general public and environment a service
charge for each dwelling unit to which such service shall be provided
under the provisions of this Chapter. Said service charge shall be
that amount stated in the contract entered into by the Village from
time to time.
B.Â
The system
of services established by the provisions of this Chapter hereof is
designated as an integral part of the Village's program of health,
sanitation and general welfare to be operated as an adjunct to the
Village's system for providing all manner of utilities services. The
Village may enforce collection of such charges by bringing proper
legal action against the occupant of the premises which has received
such services to recover any sums due for such services plus a reasonable
attorney's fee to be fixed by the court, plus the cost of such action.
C.Â
The service
charge herein provided for is hereby imposed upon the occupant of
each occupied dwelling unit and the billing therefor shall be made
to the person contracting for Village utilities of any kind to each
such dwelling unit. In the event a dwelling unit is not serviced by
Village utilities or in the absence of information that such person
is neither the owner or the tenant of such dwelling unit, then billing
therefor shall be made to the owner. Service charges shall be payable
to the Village of Airport Drive, Missouri.
D.Â
The Village
shall include the foregoing service charge on its utility bill as
a separate charge, which shall be paid on or before the fifteenth
(15th) of the following month.
E.Â
The Village
shall provide any contractor hereunder with a monthly statement showing
the number of dwelling units, together with all additions and deletions.
[Ord. No. 09-08 §1, 5-22-2008]
The occupant of every dwelling and 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. All waste containers shall be
available for collection by the solid waste collector at the curb
no sooner than twelve (12) hours prior to the scheduled time of collection.
Solid waste containers shall be removed from all rights-of-way within
twelve (12) hours after collection.