[R.O. 2007 § 240.010; CC 1979 § 12-21; Ord. No. 1797 § 1, 9-5-1991; Ord. No. 2181 §§ 1
— 2, 8-11-1994; Ord. No. 3239 § 2, 5-11-2000; Ord. No. 3785 § 1, 2-20-2003]
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.
Pursuant to the Missouri Solid Waste Management Law, including
a battery designed to contain lead and sulfuric acid with a nominal
voltage of at least six (6) volts and of the type intended for use
in motor vehicles and watercraft.
Non-putrescible solid wastes consisting of combustible and/or
non-combustible waste materials from dwelling units, commercial, industrial,
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 St. Peters, Missouri.
A solid waste container provided by the City to customers or to persons who contract with the City for contract collection pursuant to Section 235.090 hereof.
Solid waste collection service provided by the City to owners and occupants of residential property within the City limits pursuant to Section 235.090 hereof.
Removal of solid waste from the designated pickup location
to the transportation vehicle.
Solid waste resulting from the operation of any commercial,
industrial, institutional or agricultural establishment.
A solid waste container provided for storing of commercial
solid waste. This container may or may not be used to transport contents
to a disposal site or transfer/process point over public roadways
in the City.
Waste materials from the construction of residential, industrial
or commercial structures, sidewalks, streets and driveways, including
construction materials, brick, wood wastes, soil, rock, concrete and
inert solids insoluble in water.
Collection of solid waste by the City on a contractual basis pursuant to the provisions of Section 235.090(B)(11).
Owners and occupants of residential and commercial property
who are subject to a service charge for City solid waste service.
Waste materials from the destruction of residential, industrial
or commercial structures, sidewalks, streets and driveways, including
demolition wastes, brick, wood wastes, soil, rock, concrete and inert
solids insoluble in water.
The City Administrator or his/her designee given the responsibility
for direction of the solid waste management system for the City.
Disposable paper sacks specifically designed for storage
of yard waste and compatible with collection by City solid waste transportation
vehicles and meeting specifications imposed by regulation of the Director.
The process of discarding or getting rid 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.
Pursuant to the Missouri Hazardous Waste Management Law,
including 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.
Pursuant to the Missouri Solid Waste Management Law, including
isolation wastes, cultures and stocks of etiologic agents, blood and
blood products, pathological wastes, other wastes from surgery and
autopsy, contaminated laboratory wastes, sharps, dialysis unit wastes,
discarded biologicals known or suspected to be infectious, in quantities
and characteristics as determined by the Missouri Department of Natural
Resources by rule to constitute "infectious waste".
Pursuant to the Missouri Solid Waste Management Law, including
clothes washers and dryers, water heaters, trash compactors, dishwashers,
conventional ovens, ranges, stoves, wood stoves, air-conditioners,
refrigerators and freezers.
Sections 260.200 — 260.345, RSMo., as from time to
time amended.
A housing facility containing more than one (1) dwelling
unit under one (1) roof including, but not limited to, condominiums,
townhomes or apartments.
Any person who, alone or jointly or severally with others,
shall be in actual possession of any dwelling unit or any other improved
real property, either as owner or as a tenant.
Both the owner or owners of record in the office of the Recorder
of Deeds of St. Charles County, Missouri, and the beneficial owner
as well.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, political
division, or organization of any kind, or their legal representative,
agent or assigns.
Incinerating, composting, baling, shredding, salvaging, compacting,
land filling, recycling and other processes whereby solid waste characteristics
are modified or solid waste quantity is reduced.
Solid waste which may be removed from the waste stream prior
to disposal for sale, use or reuse.
The separation and reuse of materials which might otherwise
be disposed of as solid waste.
City solid waste service provided pursuant to Section 235.090(B)(9).
A housing facility containing one (1) or more dwelling units
under one (1) roof.
Solid waste resulting from the maintenance and operation
of dwelling units, but does not include dirt, rock or concrete.
The charge for City solid waste service as set forth in Section 235.090(B)(1) hereof.
Garbage, refuse and other discarded materials including,
but not limited to, solid and semi-solid waste materials resulting
from industrial, commercial, agricultural, governmental, domestic
activities and recyclables, but does not include hazardous waste,
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 or yard
waste during the interval between solid waste collections. The yard
waste container is a separate vented receptacle.
Any area used for the disposal of solid waste from more than
one (1) residential premises, or one (1) or more commercial, industrial,
manufacturing, recreational, or governmental operations.
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 by any person engaging in
such process as a business, or any City, County, authority, or any
combination thereof.
A City solid waste container provided by the City to customers pursuant to Section 235.090(B)(2) hereof with a capacity of approximately sixty (60) gallons.
City solid waste service provided once quarterly pursuant to Section 235.090(B)(10) hereof.
A City solid waste container provided by the City to customers pursuant to Section 235.090(B)(2) hereof with a capacity of approximately eighty-five (85) to one hundred five (105) gallons.
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.
Pursuant to the Missouri Solid Waste Management Law, including
a tire that is no longer suitable for its original intended purpose
because of wear, damage, or defect, as more fully defined pursuant
to the Missouri Solid Waste Management Law.
Discarded leaves, grass clippings, twigs, tree branches,
yard and garden vegetation and Christmas trees placed by the occupant
or owner of property for collection and processing or disposal. The
term does not include stumps, roots or shrubs with intact root balls.
[R.O. 2007 § 240.020; CC 1979 § 12-22; Ord. No. 1797 § 2, 9-5-1991; Ord. No. 2181 § 3, 8-11-1994]
A.
The occupant or owner of every dwelling unit and every institutional, commercial or business, industrial or agricultural establishment producing solid waste within the corporate limits of the City shall provide sufficient and adequate solid waste 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 shall maintain such solid waste containers at all times in good repair. Those containers shall be inspected and permitted annually by the City of St. Peters pursuant to Section 235.060 hereof, except those containers owned and provided by the City of St. Peters.
B.
The occupant or owner of every dwelling unit and every institutional, commercial, industrial, agricultural or business establishment shall place all solid waste 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. Those containers shall be inspected and permitted annually by the City of St. Peters pursuant to Section 235.060 hereof, except those containers owned and provided by the City of St. Peters.
C.
Solid waste shall be stored in solid waste
containers as approved by the City Administrator. The solid waste
containers shall be waterproof, leakproof and shall be covered at
all times except when depositing solid waste therein or removing the
contents thereof. The yard waste containers are vented.
D.
Yard waste consisting of leaves, grass
clippings, yard and garden vegetation, brush and tree limbs of less
than one (1) inch in diameter or Christmas trees cut into lengths
not exceeding three (3) feet shall be stored in yard waste containers.
Yard wastes consisting of Christmas trees, tree limbs of greater than
one (1) inch in diameter and other yard waste too large to fit in
a yard waste container shall be piled separately in lengths not to
exceed eight (8) feet in length for bulky collection, and shall not
be mixed with other solid waste for collection. All yard wastes shall
be stored so as to prevent dispersal upon the premises served, upon
adjacent premises, or upon adjacent public rights-of-way. Disposable
yard waste containers may be used for leaf or garden waste material
at certain times as prescribed by Director.
[R.O. 2007 § 240.030; CC 1979 § 12-23; Ord. No. 1797 § 3, 9-5-1991]
A.
The City shall provide for the collection
of solid waste as follows:
1.
The City shall provide for the collection of residential solid waste in the City, as provided in Section 235.090 hereof, 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 for contract collection of commercial solid waste upon specific
application of the owners or persons in charge thereof. However, in
the event that such application is not made or approved by the Director
it shall be the duty of such establishment to provide for collection
of all solid waste produced upon any such premises.
3.
Effective March 1, 2000 the City
may at its discretion provide for collection of solid waste at multiple
housing facilities.
B.
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 property for the purpose of collecting residential
solid waste. Commercial solid waste may be removed from within commercial
establishments upon written request of the owner or occupant and approval
by the Director.
C.
The following collection frequencies shall
apply to collections of solid waste within the City:
1.
All residential solid waste shall be collected at least once weekly. At least seventy-two (72) hours shall intervene between collections. City solid waste service shall provide solid waste collection at the intervals set forth in Section 235.090 hereof. 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.
D.
Residential solid waste containers shall
be stored upon the residential property. Commercial solid waste containers
shall be stored upon private property for such purposes. The storage
site shall be well drained, fully accessible to the collection equipment,
public health personnel, and fire inspection personnel.
E.
Solid waste collectors operating pursuant
to a permit issued pursuant to this Article 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.
[R.O. 2007 § 240.040; CC 1979 § 12-24; Ord. No. 1797 § 4, 9-5-1991]
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 of 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. Solid waste shall not be stored
in a transportation vehicle more than seventy-two (72) hours.
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 Section 235.050(A) hereof. A permit shall not be required for the hauling of demolition 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.
D.
Weight and size of all solid waste transportation
vehicles shall be in compliance with existing City Code, as it may
be amended from time to time.
[R.O. 2007 § 240.050; CC 1979 § 12-25; Ord. No. 1797 § 5, 9-5-1991]
A.
Solid waste 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, and the rules and regulations adopted thereunder. The City may provide for disposal and or processing by contract, acquisition, option, or construction or may designate the processing or disposal facility to be utilized by persons operating under Section 235.060 of this Chapter.
B.
Hazardous wastes, infectious waste, and
all other solid waste under provisions of State and/or Federal law
that require special handling shall be handled and disposed of only
in a manner authorized by applicable State and/or Federal law.
[R.O. 2007 § 240.060; CC 1979 § 12-26; Ord. No. 1797 § 6, 9-5-1991; Ord. No. 2181 §§ 4,
6 — 9, 8-11-1994]
A.
No person, except the City, 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 therefor from the City, provided however, that this provision shall not be deemed to apply to employees of the holder of any such permit. The provisions of this Section 235.060 shall not apply to the City.
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 and auto liability insurance policy
with limits of not less than one hundred thousand dollars ($100,000.00)
for bodily injury to each person; five hundred thousand dollars ($500,000.00)
for total bodily injury for each occurrence; and three hundred thousand
dollars ($300,000.00) for property damage for each occurrence. The
City shall be named as an additional insured on such policy. Such
policy may be written to allow the first ten thousand dollars ($10,000.00)
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 thirty (30) days
prior to the effective date of such cancellation, and any provisions
to that 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 therefor:
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 transportation
vehicles to be operated thereunder;
4.
The precise location or locations
of solid waste processing or disposal facilities to be used; and
5.
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
may issue the permit authorized by this Chapter. The Director shall
have the authority to limit the number of annual permits issued under
this Section in order to preserve the health, comfort, safety and
welfare of the residents, to promote energy conservation, and to provide
for collection and disposal consistent with good solid waste management
practices. The permit term shall be from January 1 to December 31,
inclusive, and each applicant shall pay therefor a fee of two hundred
dollars ($200.00) for each solid waste processing or disposal facility
to be operated and a fee of two hundred dollars ($200.00) for each
transportation vehicle to be used. Renewal applications for permits
and payment of the fees shall be made thirty (30) days prior to December
31 of each year. Permits issued during the year shall not be prorated.
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 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 provided in Subsection (D) of this Section within the time limit specified therein, or if the application does not clearly show that the collection, transportation, processing or disposal of solid waste 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 City Administrator 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 upon payment of the fee or fees as designated herein if the business has not been modified, the collection vehicles meet the requirements of Section 235.040 of this Chapter, and the renewal is approved by the Director. 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 the solid
waste management system within the City. No inspection shall be made
in any dwelling unit unless authorized by the owner or occupant or
by due process of law. In all instances where such inspections reveal
violations of this Chapter, the rules and regulations authorized herein
for the storage, collection, transportation, processing 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.
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 the 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.
In the event a permit is revoked and the
person continues to operate, the City Administrator 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.
J.
Any person who feels aggrieved by any notice
of violation or order issued pursuant thereto of the Director may,
within forty-five (45) days of the act for which redress is sought,
appeal directly to the Board of Aldermen of the City in writing, setting
forth in a concise statement the act being appealed and the grounds
for its reversal.
K.
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.
L.
Bonds. A performance/payment bond shall
be required for permits to operate processing or disposal facilities
in the amount equal to twelve (12) months' operation and maintenance
costs, such amount shall not exceed twenty percent (20%) of the total
cost of the contract or obligation.
M.
Commercial Container Permits. In the event that the Board of Aldermen has imposed a requirement of commercial container permits as provided for in this Subsection (M), no person, except the City, shall provide a solid waste container for storage of commercial solid waste within the corporate limits of the City without first obtaining an annual permit therefor from the City. Each commercial solid waste container shall be labeled with the owner's name and phone number and a unique number assigned to the container by the owner for identification purposes; such letters and numbers shall be legible and not less than four (4) inches high. Provided, however, if the commercial solid waste container is assigned to a permanent location, the unique container number shall not be required to be displayed. The permit shall be issued for a period of one (1) year from January 1 to December 31, inclusive, and each applicant shall pay therefor a fee of fifty dollars ($50.00) for each commercial solid waste container to be used. The fees shall be due and payable on or before the first day of February of the current permit year for each container used within the corporate boundaries of the City of St. Peters as of the first day of January of the current permit year. Each applicant for any such permit shall state in his/her application therefor:
1.
The type, size, precise location
and unique identification number of each commercial solid waste container
to be used thereunder; and
2.
Such other information as required
by the Director.
|
Pursuant to Subsection (G) hereof, an inspection of each commercial solid waste container is to be made by the City prior to issuance of the permit by the Director. The provisions of Subsections (H), (I) and (J) hereof shall be applicable as to determination of non-issuance, suspension or revocation of the permit provided herein.
|
[R.O. 2007 § 240.070; CC 1979 § 12-27; Ord. No. 1797 § 7, 9-5-1991; Ord. No. 2181 § 5, 8-11-1994]
A.
The Director 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, strength, 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, security
and replacement of solid waste containers.
7.
Schedules of, hours 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.
11.
Disposal facilities.
12.
Records of quantity and type of solid
wastes received at the processing and/or disposal facilities.
13.
Handling of special wastes such as
sludges, ashes, agriculture, construction, bulky items, major appliances,
tires, automobiles, oils, greases, and other solid waste which may
require special handling.
14.
Procedures and rules for any recycling
operations including contracting for the sale or collection of materials
to be recycled.
15.
Standards for vehicles to be used
in collection and transportation of solid waste.
16.
Acceptance or rejection of any solid
waste for collection by the City or authorized collector if for any
reason the Director has reason to believe that such solid waste may
contain any materials defined as "hazardous" or which cannot be disposed
of in a solid waste disposal area under applicable State or Federal
law and the Director may require that any such solid waste be removed
by a properly licensed hauler at the producer's expense.
17.
The frequency of solid waste collection, provided that it is not less than that specified in Section 235.030(C).
18.
Collection, transportation and disposal
of solid wastes under circumstances of local or national disaster
whether from nature or man-made occurrences, including but not limited
to riots, strikes, winter storms, floods, fires, or tornadoes.
19.
Handling of recyclables, including
sorting, labeling, storage and collection.
20.
Setting of service fees for commercial
and multi-housing facilities.
21.
Specifications for building and maintaining
dumpster enclosures for commercial and multi-housing facility.
B.
The Director of Finance or such other City
Official who is responsible for preparing utility billings for the
City is hereby authorized to make and promulgate reasonable and necessary
rules and regulations for the billing and collection of service charges,
as hereinafter provided for.
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 City Clerk.
[R.O. 2007 § 240.080; CC 1979 § 12-28; Ord. No. 1797 § 8, 9-5-1991]
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 City solid
waste service;
2.
Fail to have solid waste collected
as provided in this Chapter;
3.
Interfere in any manner with solid
waste collection and transportation equipment or vehicles, or with
solid waste collectors in the lawful performance of their duties as
such, whether such equipment, vehicles 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;
7.
Take, steal, or damage any City solid
waste container or fail to return a City solid waste container on
termination of a customer's City solid waste service or at any time
at the request of the Director in good condition, subject to reasonable
wear and tear, on termination of City solid waste service;
8.
Take, steal, or damage any solid
waste placed for collection for disposal or recycling purposes;
9.
Collect solid waste in residential
areas or commercial areas adjacent to residential areas between the
hours of 7:00 P.M. to 6:00 A.M. Monday through Friday and 6:00 P.M.
to 7:00 A.M. Saturday, or collect solid waste on Sunday; or
[R.O. 2007 § 240.090; CC 1979 § 12-29; Ord. No. 1797 § 9, 9-5-1991; Ord. No. 2572 § 1, 10-31-1996; Ord. No. 2665 § 1, 3-27-1997; Ord. No. 3042 § 1, 5-13-1999; Ord. No. 3239 § 1, 5-11-2000; Ord. No. 4115 § 1, 8-26-2004; Ord. No. 5460 § 1, 8-26-2010; Ord. No. 5965 § 1, 8-8-2013]
A.
Provision Of City Solid Waste Service.
1.
Generally — Powers And Duties Of Director. The City shall provide for the collection and disposal of residential and commercial solid waste within the City subject to and in accordance with the provisions of this Section 235.090. The Director shall have charge and supervision of the collection and disposal of residential solid waste pursuant to this Chapter and shall have the power to establish rules and regulations pertaining to the City solid waste service as provided in Section 235.070 hereof.
2.
Requirement Of Service — Exceptions.
Every owner and/or occupant of a dwelling unit in residential property
within the City limits shall receive City solid waste service and
tender payment therefor in accordance with the service charges herein
provided, unless the Director determines that:
a.
The collection point for the residential
property cannot be reasonably accessed by City solid waste transportation
vehicles or equipment.
c.
A waiver of service is authorized
based on application by the owner or occupant setting forth special
circumstances which, in the judgment of the Director, warrant that
such dwelling unit in residential property not receive City solid
waste service.
d.
Any area of the City is not served
by the City solid waste service pursuant to the restrictions of Section
260.247, RSMo., of the Missouri Solid Waste Management Law.
3.
Application For City Solid Waste
Service. Any person desiring initiation of City solid waste service
shall make application therefore to the City Utility Billing Department.
Said application shall show the name and address of the owner, name
of the occupant, location of the residential property, and any other
information deemed necessary.
B.
City Solid Waste Service.
1.
Service Charges. City solid waste
service shall consist of regular collection and special collection
of residential solid waste.
[Ord. No.
6202 § 1, 8-28-2014; Ord. No. 6399 § 1, 8-27-2015; Ord. No. 6602 § 1, 8-25-2016; Ord. No. 6814, 8-24-2017; Ord. No. 7004, 8-23-2018; Ord. No. 7042, 10-25-2018; Ord. No. 7185, 8-22-2019; Ord. No. 7348, 9-10-2020; Ord. No. 7495, 8-26-2021; Ord.
No. 7689, 8-25-2022; Ord. No. 7850, 8-24-2023]
a.
Service charges billed on and after
October 1, 2023, shall be imposed on each dwelling unit and residential
property as follows:
|
Standard City solid waste container
|
$27.83 per month
|
|
Special City solid waste container
for physically disabled or handicapped
|
$23.86 per month
|
|
Special City solid waste container
for each dwelling unit in multiple housing facilities
|
$16.45 per month
|
|
Each additional standard/special
solid waste container (excluding bulk container)
|
$16.79 per month
|
|
Special bulk containers for each
dwelling unit in multiple housing facilities
|
$11.87 per month
|
b.
In addition, service charges billed
on or after April 14, 1997, shall be imposed on each dwelling unit
and residential property for weekly curbside recycling as follows:
|
Curbside recycling service
|
$0.00 per two (2) months
|
|
($0.00 per week)
|
2.
City Solid Waste Containers. Customers
shall be provided one (1) standard City solid waste container by the
City.
3.
Customer Responsibility. It shall
be the duty of every occupant of residential property to:
a.
Place the daily accumulation of residential
solid waste other than yard waste in a City solid waste container
for collection;
b.
Place yard waste in a disposable
yard waste container or yard waste container, when allowed, for collection;
c.
To eliminate, as far as possible,
all water and liquid from such solid waste; and
d.
To limit the weight of any such individual solid waste container to the specifications set forth in Subsection (B)(8) hereof.
e.
Place City solid waste or yard waste
containers in an accessible place at the curb, four (4) feet from
any obstacle including but not limited to, any mailbox, pole, landscaping
or parked vehicle.
f.
Secure loose solid waste in order
to keep it from blowing out of the solid waste container.
4.
Location Of Solid Waste Placed For
Collection. All solid waste containers containing residential solid
waste to be removed by the City and all residential solid waste placed
for special collection shall be placed by the customer in an easily
accessible location as designated by the Director which shall be adjacent
to the residential property at the back of the curb, edge of the roadway
or immediately adjacent to an alley, as the case may be and located
at least four (4) feet away from any obstruction. Solid waste placed
for collection shall not be located within a building or structure.
If more than one (1) solid waste container is necessary to hold the
residential solid waste accumulated at a customer's premises, or if
more than one (1) solid waste container is used for the residential
solid waste from any one (1) building, all solid waste containers
shall be placed at the same location on the premises.
5.
Unlawful To Deposit Other Than Residential
Solid Waste In City Solid Waste Containers For Collection. It shall
be unlawful for any person to deposit in a City solid waste container
from which residential solid waste is to be removed by the City, yard
waste or any material other than residential solid waste. If any City
solid waste container contains yard waste or material other than residential
solid waste, the City Collector shall not be obliged to remove the
contents of such container.
6.
Unlawful To Deposit Certain Solid
Wastes For City Collection. It shall be unlawful for any person to
deposit in a City solid waste container or otherwise deposit for regular
collection, special collection or contract collection the following:
a.
Hazardous wastes or any other material
the collection or disposal of which is prohibited by the State or
Federal government as a hazardous substance;
b.
Any material or object which the
Director by regulation has determined to pose an undue threat of harm
to the citizens or employees of the City or to any public property
or equipment;
c.
Any material which is prohibited
by State or Federal law from being disposed of in a solid waste disposal
area;
d.
Hot ashes, dead animals, solvents,
flammable liquids, and dirt.
e.
Major appliances, waste oil, lead-acid
batteries, and tires or waste tires; and
f.
Yard waste.
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Notwithstanding the foregoing, a
person may deposit yard waste for regular collection or special collection
as provided in this Section and may deposit any of the above materials
for contract collection provided such person has notified the City
of the nature of the material to be collected and the City has entered
into an agreement for contract collection of such materials.
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7.
Unlawful To Place Solid Waste At
Curb, When.
a.
It shall be unlawful for any person to place or allow any solid waste to remain at the curb or edge of the roadway, or any other open and unscreened area accessible to animals, other than residential solid waste in authorized solid waste containers as provided in Subsection (B)(8) hereof on the day scheduled for the collection of residential solid waste for that location. The "day of collection" is hereby defined to be the period from 6:00 P.M. of the day preceding collection until 8:00 P.M. the day of collection.
b.
The person in whose name the customer
account is maintained and the occupant of the residential property
on which the solid waste is placed or allowed to remain shall be prima
facie responsible for its placement and maintenance in violation hereof.
8.
Solid Waste Containers. All residential
solid waste (other than yard waste) for regular collection must be
in a City solid waste container and all yard waste for regular collection
must be in a disposable solid waste container, when allowed, or in
a City provided yard waste container. A disposable solid waste container
and its contents shall not weigh more than fifty (50) pounds and a
City solid waste container or yard waste container and its contents
shall not weigh more than two hundred (200) pounds. Solid waste containers
together with their contents which do not meet the specifications
of this Subsection shall not be collected and disposed of.
9.
Regular Collection. City collection
of residential solid waste (other than yard waste) generally shall
be made twice weekly according to a schedule on file with the Director.
Such schedule may limit or specify the types of residential solid
waste to be collected on each weekly collection date. City collection
of yard waste shall be made after January 1, 1992, according to a
schedule to be established by the Director. The Director may vary
the schedule and will post notice of any such variance because of
weather conditions or other conditions which make the normal collection
schedule impractical. There shall be no City solid waste service on
the first day of January (New Years Day), the last Monday in May (Memorial
Day), the fourth day of July (Independence Day), the first Monday
in September (Labor Day), the fourth Thursday in November (Thanksgiving
Day), the twenty-fifth of December (Christmas Day), and other holidays
determined and publicly announced by the Director.
10.
Special Collection. A special collection
service for customers will be provided once per calendar quarter at
no additional charge on a schedule established by the Director. This
special collection service is intended for disposal of items which
are too large to fit into a standard City solid waste container or
yard waste container and for yard waste consisting of tree limbs larger
than one (1) inch in diameter, Christmas trees and other yard waste
too large to fit into a disposable solid waste container or yard waste
container. All material for special collection shall be placed in
an easily accessible location as designated by the Director which
shall be immediately adjacent to the residential property at the back
of the curb, edge of roadway or immediately adjacent to an alley,
as the case may be. Yard waste shall be piled separately from other
solid waste placed for collection and shall be at least four (4) feet
from any obstruction. Material meeting the special collection criteria
but requested by a customer for collection on other than such customer's
special collection day may be collected by the City on the basis of
contract collection provided previous contractual arrangements are
made.
11.
Contract Collection.
a.
The Director is authorized to adopt
regulations and to enter into contracts for the collection and disposal
of:
(1)
Residential solid waste
in addition to regular collection and special collection,
(2)
Residential solid waste
outside the City limits, and
(3)
Commercial solid waste
inside and outside the City limits.
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Such regulations and contracts may
include the provision of City solid waste containers to persons receiving
contract collection.
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b.
The Director is authorized and directed
to establish a schedule for contract rates for such contract collection
to recover the costs to the City of collection and disposal of such
solid waste.
12.
Collection For Physically Disabled.
a.
Any occupant of residential property
who, due to a physical disability, is unable to transport a standard
City solid waste container to the curbline may request a special City
solid waste container and/or non-curbside collection at a service
charge as may be determined by the Director from time to time. A request
for this service must be submitted in writing to the Director. This
request must include certification of the applicant's physical disability.
b.
Solid waste to be collected must
be in a City solid waste container or other container approved by
the Director and shall be located in an accessible location as designated
by the Director which shall be at ground level or on an open platform
not more than four (4) feet above the ground level and so placed that
they may be reached from the ground by the collector. City solid waste
containers shall not be located within a building or structure. Collection
will be made from only one (1) location on the premises.
C.
State Solid Waste Tonnage Fee Charges.
In addition to service charges authorized herein, customers shall
be billed a separate charge to defer the cost to the City resulting
from any tonnage fees imposed by the State of Missouri pursuant to
Section 260.330, RSMo., as amended, or such other fees as may be imposed
by the State against the City for providing the services set forth
in this Chapter. Such charges shall be shown separately from the service
charge on each customer's bill. The amount of such charges shall be
determined by the Director based on the actual cost of such charges
to the City which may be passed through to persons who generated the
solid waste as provided by the Missouri Solid Waste Management Law.
All amounts collected from such charges shall be set aside by the
City and held for the purpose of paying such charges pursuant to the
Missouri Solid Waste Management Law.
D.
Billing And Collection.
1.
Service charges shall be included
on a customer's utility bill on a bimonthly basis and shall be payable
to the City. For those customers who do not receive other City utility
service a separate bill for City solid waste service shall be provided
on a bimonthly basis. Partial payments of a combined bill for other
City utility service and City solid waste service shall be applied
first to solid waste service charges unless such payment specifies
it should be otherwise applied.
2.
The owner or manager of a multiple
housing facility may make application to the Director for billing
of service charges for all dwelling units in such multiple housing
facility to a single customer.
3.
City solid waste service and the
service charge shall be terminated upon presentation of satisfactory
proof to the Director that any dwelling unit is unoccupied, and shall
be commenced upon renewed occupancy thereof. A charge of twenty-five
dollars ($25.00) may be imposed for terminating and/or renewing City
solid waste service to the same customer.
4.
If any charge for the service shall
not be paid within ten (10) days of the date it becomes due and payable,
a delayed payment charge of ten percent (10%) of the amount of the
bill shall be charged to such customer and the customer shall be notified
of delinquency of that account.
5.
The system of services established
by the provisions of this Chapter is designated as an integral part
of the City's program of providing for water, sewage treatment, health,
sanitation, and environmental services. The City may enforce collection
of such service charges by bringing proper legal action against the
owner or occupant of any dwelling unit to recover any sums due for
such service plus all costs of court, all fees incurred for depositions
and other forms of discovery authorized by the rules of the Missouri
Supreme Court, attorney's fees actually incurred, and interest on
charges from the date of delinquency to the date of judgment at the
rate of interest established by law.
6.
The Director of Finance or his/her
designee shall review all requests for abatement and may abate such
service charges as are justified. In the event the request for an
abatement is denied, then the abatement request may be submitted in
writing to the City Administrator for his/her review and final determination.
[R.O. 2007 § 240.110; Ord. No. 2921 § 1, 9-10-1998]
A.
COMMERCIAL ESTABLISHMENTS
CORRUGATED CARDBOARD
Definitions. As used in this Section, the
following terms shall have these prescribed meanings:
Any non-residential building or establishment, for profit
or non-profit, including, but not limited to, those used for retail,
wholesale, industrial, manufacturing, office, automobile service,
hotel and motel, restaurant or shipping and receiving purposes whose
solid waste is ten percent (10%) or more by weight or volume comprised
of corrugated cardboard.
All three-layered cardboard material in which the center
layer has been made to have a wavy surface (alternating ridges and
grooves) and is placed between two (2) flat surfaces for the sake
of strength and which is commonly used to form cartons.
B.
Commercial establishments in the City shall separate all corrugated cardboard from other recyclables as defined in Section 235.010 of the City Code, and shall segregate the corrugated cardboard for collection pursuant to this Chapter.
C.
Segregation for collection can be by utilizing
a separate container dedicated to cardboard or a dedicated processor
where solid waste mixed with cardboard is processed to remove cardboard
prior to the solid waste being landfilled.
D.
Non-recyclable cardboard, such as waxed
boxes, cardboard adhered to packing material (such as styrofoam or
wooden or plastic supports) and cardboard saturated with motor oil
or foodstuffs in its normal use before disposal are excluded from
the definition of corrugated cardboard.
E.
The City Administrator is authorized to
promulgate procedures to carry out the purposes and intent of this
Subsection.
F.
No person shall purposely contaminate any
corrugated cardboard so as to make it not recyclable and then place
it in any container for disposal.
[R.O. 2007 § 240.120; CC 1979 § 12-41; Ord. No. 1635 § 1, 5-24-1990]
As used in this Article, the following
terms shall have the meanings and definitions herein subscribed:
The City of St. Peters, Missouri.
A solid waste disposal area owned by the City of St. Peters,
Missouri, and licensed and permitted by the Missouri Department of
Natural Resources, and shall include a resource recovery facility
owned or operated by, or under the direction of, the City of St. Peters,
Missouri.
An individual, partnership, corporation, association, institution
or public authority.
A facility for the disposal of solid waste which accepts
commercial and residential solid waste and possesses a license and
permit for such purposes from the Missouri Department of Natural Resources.
Garbage, refuse and other discarded materials including,
but not limited to solid and semi-solid waste materials resulting
from governmental and domestic activities, and may include waste from
industrial, commercial or agricultural activities as designated by
the City of St. Peters. The term solid waste does not include infectious
waste as defined by Section 260.200, RSMo., as amended, and Section
260.360, RSMo., as amended, or hazardous waste as defined by Section
260.360, RSMo., as amended.
Any area used for the disposal of solid waste licensed and
permitted for such purpose by the Missouri Department of Natural Resources
under the provisions of Section 260.205, RSMo., and includes sanitary
landfill.
[R.O. 2007 § 240.130; CC 1979 § 12-42; Ord. No. 1635 § 2, 5-24-1990]
From and after the effective date of this Article (May 24, 1990) all solid waste as defined in Section 235.110 of this Article collected within the City by any hauler or collector possessing a City of St. Peters business license for such purpose shall deposit such solid waste at the City solid waste processing facility. Any load on a solid waste collection vehicle which contains solid waste in part collected within the City shall, for purposes of this Article, be deemed to have been collected entirely within the City.
[R.O. 2007 § 240.140; CC 1979 § 12-43; Ord. No. 1635 § 3, 5-24-1990]
In the event that no City solid waste
processing facility exists, then any person collecting solid waste
within the City shall dispose of such solid waste in a solid waste
disposal area licensed and permitted for such purpose by the Missouri
Department of Natural Resources, as may be designated by the City
of St. Peters.
[R.O. 2007 § 240.150; CC 1979 § 12-44; Ord. No. 1635 § 5, 5-24-1990]
Any person found guilty of violating
this Article shall be deemed to have committed an ordinance violation.
