[R.O. 1996 § 255.010; CC 1968 § 9 1/2-16; Ord. No. 1510 § 1, 5-5-1986]
For the purposes of this Chapter, the following terms shall be deemed to have the meanings indicated below:
- APPROVED INCINERATOR
- A facility that burns solid waste for disposal and which complies with all current Federal and State permitting requirements.
- BULKY RUBBISH
- 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 Blue Springs, Missouri.
- Removal of solid waste from the designated pickup location to the transportation vehicle.
- DEMOLITION AND CONSTRUCTION WASTE
- 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 Codes Administrator.
- DISPOSABLE SOLID WASTE CONTAINER
- Disposable plastic bags with a capacity of twenty (20) to thirty-five (35) gallons specifically designed for storage of solid waste.
- DWELLING UNIT
- A building or portion thereof, not including mobile homes, which is designed and used exclusively for residential purposes.
- DWELLING, MULTIPLE
- A residential building having accommodations for and occupied exclusively by more than two (2) families, independently.
- DWELLING, SINGLE-FAMILY
- A residential building having accommodations for and occupied exclusively by one (1) family.
- DWELLING, TWO-FAMILY
- A residential building having accommodations for and occupied exclusively by two (2) families, independently.
- HAZARDOUS WASTE
- 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 other living organisms [Section 260.360(11), RSMo., of the Missouri Hazardous Waste Management Law].
- 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, copartnership, firm, company, corporation, association, joint stock company, trust, estate, City, 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
- Unwanted or discarded waste materials in a solid or semisolid state, including but not limited to garbage, ashes, street refuse, rubbish, dead animals, animal and agricultural wastes, yard wastes, discarded appliances, special wastes, industrial wastes, and demolition and construction wastes.
- SOLID WASTE COMMUNITY CONTAINER
- Receptacle used by individuals occupying two-family or multiple residential units to store solid wastes during the interval between solid waste collections.
- SOLID WASTE DISPOSAL
- The process of discarding or getting rid of unwanted materials; in particular, the final deposition of solid waste by man.
- SOLID WASTE MANAGEMENT
- The entire solid waste system of storage, collection, transportation, 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 to a solid waste processing facility or solid waste disposal area.
- YARD WASTES
- Grass clippings, leaves, tree and shrub pruning, garden wastes and other yard debris.
Editor's Note: See § 260.350 et seq., RSMo.
[R.O. 1996 § 255.020; CC 1968 § 9 1/2-17]
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, 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 maintain such solid waste container at all times in good repair; provided, however, the occupant or owner of a two-family or multiple residence may concurrently provide a solid waste community container for the storage of all solid waste during the interval between solid waste collections.
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.
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. Containers shall be leakproof, fitted with a waterproof, airtight lid affixed thereto or sealed heavy duty plastic bags at all times to prevent the escape of odors therefrom and to prevent the attraction or entry of insects, rodents, and other animals or water thereto.
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 Section 255.070.
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.
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 right-of-way. The weight of any individual container and contents shall not exceed seventy-five (75) pounds.
[R.O. 1996 § 255.030; CC 1968 § 9 1/2-18; Ord. No. 1510 § 1, 5-5-1986; Ord. No. 2173 § 1, 2-3-1992]
The occupant or owner of every dwelling unit and of every institutional, commercial or business, industrial or agricultural establishment generating solid waste within the corporate limits of the City, shall be required to obtain appropriate collection services by contracting with a City licensed private hauler.
[Ord. No. 4559 § 1, 8-3-2015]
Location of solid wastes placed for residential collection:
All solid wastes, including tree limbs and yard wastes, as described in Section 255.020(E) and (F), respectively, shall be deposited for pickup no closer to public street than five (5) feet from the dwelling premises, including attached garages. Said solid wastes shall be deposited for pickup on the driveway unless physical limitations of the premises would make such placement impossible or create any undue hardship. Curb-side pickups are expressly prohibited.
Any resident whose solid wastes cannot be placed within said perimeter as above referred to, due to physical limitation and/or undue hardship, or inability to conform to perimeter requirements shall arrange for the pickup of solid wastes excluding curbside pickups with their private hauler.
All residential solid waste, other than bulk rubbish, shall be collected at least once 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 Director 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.
The collection of refuse in residential districts is permissible only between the hours of 6:00 A.M. and 6:00 P.M. Monday through Saturday.
Residential solid waste containers shall be stored upon the residential premises. Commercial solid waste containers shall be stored upon private property. The storage site shall be well drained, properly screened, fully accessible to collection equipment, public health personnel and fire inspection personnel.
Solid waste collectors providing service to an occupant or owner of a dwelling unit and of institutional, commercial or business, industrial or agricultural establishments 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 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.
[R.O. 1996 § 255.040; CC 1968 § 9 1/2-19; Ord. No. 1510 § 1, 5-5-1986]
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 transportation of solid waste must be in packer, roll-off, or side loader trucks or special container type equipment vehicles so constructed to assure that water or solid waste will neither drop from nor blow out of or otherwise escape from the same upon the streets, sidewalks or any other place in the City.
Any and all license holders using pickup trucks for collection vehicles must be in compliance with the Chapter no later than January 1, 1987, in that only packer, roll-off, or side loader trucks or special container type equipment vehicles will be allowed.
Licenses 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.
Demolition and construction wastes shall be transported to a disposal area as provided in Section 255.050(A). A license 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. 1996 § 255.050; CC 1968 § 9 1/2-20; Ord. No. 1510 § 1, 5-5-1986]
Solid wastes shall be deposited at a processing facility or disposal area which complies with all requirements of the Missouri Solid Waste Management Law, Sections 260.200 to 260.345, RSMo., and the rules and regulations adopted thereunder.
Hazardous wastes will require special handling and shall be disposed of only in a manner authorized by State regulations.
[R.O. 1996 § 255.060; CC 1968 § 9 1/2-21; Ord. No. 1510 § 1, 5-5-1986]
No person shall engage in the business of collecting and transporting solid waste within the corporate limits of the City, without first obtaining an annual license therefor from the City; provided, however, that this provision shall not be deemed to apply to employees of the holder of any such license.
Each applicant for any such license shall state in their application therefor:
The nature of the license desired, as to collect, transport, or dispose of solid waste or any combination thereof;
The characteristics of solid waste to be collected, transported, or disposed;
The number of solid waste transportation vehicles to be operated thereunder;
The precise location or locations of solid waste disposal facilities to be used;
Boundaries of the collection area; and
Such other information as required by the Director.
If the application shows that the applicant will collect, transport, 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 may issue the license authorized by this Chapter. The license shall be issued for a period of one (1) year, and each applicant shall pay twenty-five dollars ($25.00) and an additional two dollars ($2.00) for each employee working in Blue Springs. If 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 modifications to be made and the time in which it shall be done.
If the applicant does not make the modifications pursuant to the notice in Subsection (C) within the time limit specified therein, or if the application does not clearly show that the collection, transportation, 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 their application, provided that all aspects of the reapplication comply with the provisions of this Chapter.
Before a license can be issued, the applicant must file with the license officer a certificate proving insurance coverage for each vehicle to be used as a collection vehicle for injury to or death of persons in accidents resulting from any cause of which the owner of the vehicle would be liable on account of any liability imposed upon them by law, regardless of whether the collection vehicle was being driven by the owner, their agent, or lessee, and against damage to the property of another, including personal property, under like circumstances, in the following sums: Not less than two hundred fifty thousand dollars ($250,000.00) for one (1) person, five hundred thousand dollars ($500,000.00) for any one (1) accident, and one hundred thousand dollars ($100,000.00) for property damage in any one (1) accident, plus general liability in the sum of five hundred thousand dollars ($500,000.00).
Every insurance policy required shall extend for the period covered by the license applied for, and the insurer shall be obligated to give not less than thirty (30) days' notice in writing to the License Officer before cancellation or termination thereof. Cancellation or termination of any such policy shall automatically terminate and revoke the license issued to the Collector covered by such policy unless another policy complying with the provisions of this Section shall be provided and in effect at the time of such cancellation or termination.
The applicant must file with the License Officer a certificate of worker's compensation insurance unless State law exempts applicants from requiring workers compensation coverage.
The annual license may be renewed upon payment of the fee or fees as provided herein if the business has not been modified, the collection vehicles meet the requirements of Section 255.040 of this Chapter, and the renewal is approved by the Director. If modifications have been made, the applicant shall reapply for a license as set forth in Subsections (C) and (D). No licenses authorized by this Chapter shall be transferable from person to person.
In order to ensure 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 Blue Springs. 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, Chapter 245, Article II, of this Code of Ordinances, the rules and regulations authorized herein for the storage, collection, transportation, or disposal of solid waste or 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.
In all cases, when the corrective measures have not been taken within the time specified, the Director shall suspend or revoke the license or licenses 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.
In the event a license is revoked and the person continues to operate, the Director may request the action of a court of law to enjoin the acts and to enforce compliance with this Chapter or any rule or regulation promulgated thereunder. In any such action, the court may grant to the City such prohibitory or mandatory injunctive relief as the facts may warrant.
Any person who feels aggrieved by any notice of violation or order issued pursuant thereto of the Director may, within thirty (30) days of the act for which redress is sought, appeal directly to the City Council in writing, setting forth in a concise statement the act being appealed and the ground for its reversal. Such appeal shall be considered by the City Council at the next regular meeting following receipt of the written appeal unless continued for good cause.
[R.O. 1996 § 255.070; CC 1968 § 9 1/2-22; Ord. No. 1510 § 1, 5-5-1986]
The Director shall make, amend, revoke, and enforce reasonable rules and regulations, governing, but not limited to:
Identification of solid waste containers and of the covers thereof, and of equipment thereto appertaining, if any;
Storage of solid waste in solid waste containers;
Collection points of solid waste containers;
Collection, transportation, and disposal of solid waste; and
Handling of special wastes, such as sludges, ashes, agriculture, construction, bulky items, tires, automobiles, oils, greases, etc.
[R.O. 1996 § 255.080; CC 1968 § 9 1/2-23; Ord. No. 1510 § 1, 5-5-1986; Ord. No. 1708 § 1, 3-21-1988]
It shall be unlawful for any person to:
Deposit solid waste in any solid waste container other than their own, without the written consent of the owner of such container and/or, with the intent of avoiding payment for solid waste collection and disposal;
Fail to have solid waste collected as provided in this Chapter;
Dispose of solid waste at any facility or location which is not approved by the City or the Missouri Department of Natural Resources;
Engage in the business of collecting and transporting of solid waste within the corporate limits of the City without a license from the City; and
Violate any Section of this Chapter or any other rule or regulation promulgated under the authority of Section 255.070.
Engage in the act of open burning.
[R.O. 1996 § 255.090; CC 1968 § 9 1/2-24; Ord. No. 1510 § 1, 5-5-1986]
Any person violating any of the provisions of this Chapter, or any lawful rules or regulations promulgated pursuant thereto, upon conviction, shall be punished as set forth in Section 100.080; each days violation thereof shall be a separate offense for the purpose hereof.
[R.O. 1996 § 255.100; CC 1968 § 9 1/2-27; Ord. No. 2412 § 1, 2-7-1994]
It shall be unlawful for any person, firm or corporation not licensed by the City and not under contract with the owner or occupant to remove any item, including but not limited to newspaper, aluminum, glass or plastic placed in or adjacent to house-side recycling containers. Any person, firm or corporation violating any of the provisions of this Section shall, upon conviction, be subject to a fine as set forth in Section 100.080 for each offense.