[R.O. 2012 §220.010; Ord. No. 1491 §1, 2-21-2012]
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 Missouri Air Conservation Commission.
A person (as defined in Section 1.020, RSMo., as amended), County or other City or a combination thereof that has a contract with the City to provide solid waste collection, transportation and disposal on behalf of the City pursuant to Section 220.030(A) of this Chapter.
Non-putrescible solid wastes consisting of combustible and/or
non-combustible waste materials from dwelling units, commercial, industrial,
institutional, or agricultural establishments which are either too
large or too heavy to be safely and conveniently loaded in solid waste
collection vehicles by solid waste collectors, with the equipment
available therefor.
The City of Warson Woods, Missouri.
Removal and transportation of solid waste from its place
of storage to its place of processing or disposal.
Waste materials from the construction and demolition of residential,
industrial, or commercial structures, but shall not include materials
defined as clean fill under Section 260.200, RSMo.
The Director of the Solid Waste Management Program of the
City shall be the Mayor or his/her authorized representative.
Disposable plastic or paper sacks with a capacity of twenty
(20) to thirty-five (35) gallons specifically designed for storage
of solid waste.
Any room or group of rooms located within a structure, and
forming a single habitable unit with facilities which are used, or
intended to be used, for living, sleeping, cooking and eating.
Putrescible animal or vegetable wastes resulting from the
handling, preparation, cooking, serving or consumption of food.
Any waste or combination of wastes, as determined by the
Commission by rules and regulations, which, because of its quantity,
concentration, or physical, chemical or infectious characteristics,
may cause or significantly contribute to an increase in mortality
or an
increase in serious irreversible, or incapacitating reversible,
illness, or pose a present or potential threat to the health of humans
or the environment.
A housing facility containing more than one (1) dwelling
unit under one (1) roof.
Any person who, alone or jointly or severally with others,
shall be in actual possession of any dwelling unit or of any other
improved real property, either as owner or as a tenant.
An individual, partnership, copartnership, firm, company,
public or private corporation, association, joint stock company, trust,
estate, political subdivision or any agency, board, department or
bureau of the State or Federal Government or any other legal entity
whatever which is recognized by law as the subject of rights and duties.
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
An open top dumpster generally having a rectangular footprint
and which utilizes wheels or rollers to facilitate placement of the
dumpster. Roll off containers are designed to be transported by special
trucks and are commonly used to contain loads of construction and
demolition waste or other similar waste types.
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, overburden, rock,
tailings, matte, slag or other waste material resulting from mining,
milling or smelting.
Receptacle used by any person to store solid waste during
the interval between solid waste collections.
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.
Keeping, maintaining or storing solid waste from the time
of its production until the time of its collection.
Leaves, grass clippings, yard and garden vegetation and Christmas
trees. The term does not include stumps, roots or shrubs with intact
root balls.
[R.O. 2012 §220.020; Ord. No. 1491 §1, 2-21-2012]
A.
The occupant
of every dwelling unit and of every institutional, commercial or business,
industrial or agricultural establishment producing solid waste within
the corporate limits of the City shall provide sufficient and adequate
containers for the storage of all solid wastes except bulky rubbish
and demolition and construction waste to serve each such dwelling
unit and/or establishment; and to maintain such solid waste containers
at all times in good repair.
B.
The occupant
of every dwelling unit and of every institutional, commercial, industrial,
agricultural or business establishment shall place all solid waste
to be collected in proper solid waste containers, except as otherwise
provided herein, and shall maintain such solid waste containers and
the area surrounding them in a clean, neat and sanitary condition
at all times.
C.
Residential
solid waste shall be stored in containers of not more than sixty-five
(65) gallons, not less than thirty (30) gallons in nominal capacity
or any size container supplied by or approved by the approved solid
waste collector. Containers shall be leak-proof, water-proof, and
fitted with a fly-tight lid and shall be properly covered at all times
except when depositing waste therein or removing the contents thereof.
The containers shall have handles, bails or other suitable lifting
devices or features. Containers shall be of a type originally manufactured
for residential solid waste, with tapered sides for easy emptying.
They shall be of lightweight and sturdy construction. The weight of
any individual container and contents shall not exceed fifty (50)
pounds unless otherwise approved by the City's exclusive license agreement
with its approved solid waste collector. Galvanized metal containers,
rubber or fiberglass containers, and plastic containers which do not
become brittle in cold weather may also be used. Disposable solid
waste containers with suitable frames or containers approved by the
City's exclusive license agreement with its approved solid waste collector
may also be used for storage of residential solid waste.
D.
Commercial solid waste shall be stored in solid waste containers as approved by the City's exclusive license agreement with its approved solid waste collector. The containers shall be water-proof, leak-proof 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 220.050.
E.
Tree
limbs less than four (4) inches in diameter and brush shall be securely
tied in bundles or placed in containers or biodegradable yard bags
in sizes and weight as approved by the City's exclusive license agreement
with its approved solid waste collector.
F.
Yard
wastes shall be stored in containers so constructed and maintained
as to prevent the dispersal of wastes placed therein upon the premises
served, upon adjacent premises, or upon adjacent public rights-of-way.
The weight of any individual container and contents shall not exceed
fifty (50) pounds unless otherwise approved by the City's exclusive
license agreement with its approved solid waste collector.
G.
Solid
waste containers which are not approved will be collected together
with their contents and disposed of.
H.
Commercial
front/rear loading containers, other than of a temporary nature, ranging
in size from two (2) to eight (8) yards whether in commercial or non-commercial
districts shall be enclosed within a six (6) foot high gated, landscaped
screen to be located in the rear of the property or positioned so
as not to be visible from the side of the property where the container
is located.
I.
Roll Off Containers. Any owner or occupier of residential
or commercial property who causes or allows a roll off container to
be placed or stored on a lot must obtain within five (5) business
days a roll off container permit from the City. Such permit shall
permit a roll off container to be placed or stored within the City
for up to sixty (60) days and shall include the roll off container's
serial/rental number, the name and address of lot owner/occupant,
date of its placement on the lot, date that removal is required, and
local telephone number of the provider of the roll off container.
1.
A roll
off container may be placed or stored on a residential lot abutting
the right-of-way for more than sixty (60) days if the residence is
under construction or reconstruction pursuant to a valid building
permit. The roll off container shall be removed no later than ten
(10) days after the expiration of the building permit or substantial
cessation of construction for a period of more than sixty (60) days,
whichever is sooner.
2.
Notwithstanding
anything above, the permit period may be extended by the City for
additional periods of up to sixty (60) days upon good cause shown.
3.
There
shall be no fee for the permit; however, the City Clerk is authorized
to pass through all City costs to any person and/or lot owner who
causes the City to incur costs for inspections, cleanup, removal or
to otherwise remedy violations of this Section.
4.
No roll
off container may be placed or stored on the paved surface of any
public or private street of the City or wholly within the public rights-of-way
of the City; provided however, that a portable storage container or
construction dumpster parked, placed, or stored on a residential driveway
may encroach into the right-of-way slightly provided that it does
not limit the sight distance for motorists or pedestrians or otherwise
harm the health, safety and welfare of the neighborhood. Any portable
storage container or construction dumpster that is placed within the
City must be placed on a paved surface but shall in no instance extend
onto or across a sidewalk as to block pedestrian traffic.
5.
All
lots permitted to have a roll off container placed or stored on such
residential lot must display the permit on the inside of a window
or door of the residence, which permit shall be visible from the right-of-way.
6.
In addition
to the requirements above, all roll off containers must also meet
the following requirements:
a.
All roll off containers shall be subject to and comply with the provisions of Chapter 220, the City's solid waste regulations;
b.
No
waste shall be kept, stored, or accumulated outside a roll off container;
c.
Roll
off containers shall be kept free from standing water, non-construction
wastes, vermin and insects, or other nuisances; and
d.
The
roll off container shall only be moved, delivered or removed between
the hours of 7:00 A.M. and 6:00 P.M., Monday through Saturday.
7.
Roll off containers kept in violation of this Section shall be subject to permit revocation and/or immediate removal in addition to being a violation punishable pursuant to Section 100.220 of the Municipal Code of the City of Warson Woods. Failure to obtain a permit pursuant to this Section is a violation punishable pursuant to Section 100.220 of the Code. The City's costs of enforcement of this Section and/or the cost of bringing the premises or condition of residential property into compliance, including the City's administrative costs of inspections and attorneys' fees, shall be a joint and several obligation of all liable persons.
[R.O. 2012 §220.030; Ord. No. 1491 §1, 2-21-2012]
A.
The collection
of solid waste shall be provided as follows:
1.
Collection of residential solid waste. The City shall provide
or cause services to be provided for the collection of all residential
solid waste in the City; provided however, that the City may provide
the collection service by exclusively licensing or contracting with
a person, private entity, County, or other City or a combination thereof,
for the entire City or portions thereof, as deemed to be in the best
interest of the City.
2.
Other collections. The City may, at its discretion, provide
or license 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.
B.
All solid
waste from premises to which collection services are provided by the
City shall be collected, except demolition and construction waste
or bulky rubbish as defined herein, provided however, that bulky rubbish
will be collected if tied securely in bundles not exceeding the limitations
of weight and bulk as fixed by the City's exclusive license agreement
with its approved solid waste collector or any regulations to be made
and promulgated by the Director as hereinafter provided. All solid
waste collected shall, upon being loaded into collection equipment,
become the property of the collection agency.
C.
Tree limbs and yard wastes, as described in Subsections (E) and (F) of Section 220.020, shall be placed at the curb for collection. Solid waste containers as required by this Chapter for the storage of other residential solid waste shall be placed at the immediate front or immediate rear of the building or inside the garage 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 for collection shall not be so placed until the regularly scheduled collection day.
D.
Bulky
rubbish not able to be tied securely in bundles as approved by the
approved solid waste collector shall be collected by request to the
Director. The City's exclusive license agreement with its approved
solid waste collector shall establish the procedure for collecting
such bulky rubbish.
E.
Solid
waste collectors, employed by the City or a solid waste collection
agency operating under an exclusive license agreement with the City
for residential collection, 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, other than garages, for the purpose
of collecting residential solid waste.
F.
The following
collection frequencies shall apply to collections of solid waste within
the City: All residential solid waste, other than bulky rubbish, shall
be collected at least 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 Director or by the City's exclusive license
agreement with its approved solid waste collector upon a determination
that such lesser intervals are necessary for the preservation of the
health and/or safety of the public.
G.
Residential
solid waste containers shall be stored upon the private property of
the owner. Commercial solid waste containers shall be stored upon
private property of the owner unless the owner shall have been granted
written permission by the Building Commissioner to store such containers
on public property for the period specified by the Building Commissioner.
H.
All collection
vehicles shall be maintained in a safe, clean and sanitary condition,
and shall be so constructed, maintained and operated as to prevent
spillage of solid waste therefrom. All vehicles to be used for collection
of solid waste shall be constructed with water-tight 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. No solid waste shall be transported in the loading hoppers.
I.
Licenses
shall not be required for removal, hauling or disposal of earth and
rock material from grading or excavation activities; however, all
such materials shall be conveyed in tight vehicles, trucks, or receptacles,
so constructed and maintained that none of the material being transported
shall spill upon the public right-of-way.
J.
In addition to the requirements of this Section, transportation and disposal of demolition and construction wastes shall be in accordance with Sections 220.020(I) and 220.040 and all other applicable local, County, State and Federal laws and regulations.
[R.O. 2012 §220.040; Ord. No. 1491 §1, 2-21-2012]
A.
Solid
wastes shall be disposed of at a processing facility or disposal area
approved by the City and complying with all requirements of the Missouri
Department of Natural Resources.
B.
The Director
may classify certain wastes as hazardous wastes which will require
special handling and shall be disposed of only in a manner acceptable
to the Director and which will meet all local, State and Federal regulations.
[R.O. 2012 §220.060; Ord. No. 1491 §1, 2-21-2012]
A.
The Director
shall make, revoke and enforce reasonable and necessary rules and
regulations governing, but not limited to:
1.
Preparation,
drainage and wrapping of garbage deposited in solid waste containers.
2.
Specifications
for solid waste containers, including the type, composition, equipment,
size and shape thereof.
3.
Identification
of solid waste containers and of the covers thereof, and of equipment
thereto appertaining, if any.
4.
Weight
limitations on the combined weight of solid waste containers and the
contents thereof, and weight and size limitations on bundles of solid
waste too large for solid waste containers.
5.
Storage
of solid waste in solid waste containers.
6.
Sanitation,
maintenance and replacement of solid waste containers.
7.
Schedules
of and routes for collection of solid waste.
8.
Collection
points of solid waste containers.
9.
Collection
and disposal of solid waste.
10.
Processing
facilities and fees for the use thereof.
11.
Disposal
facilities and fees for the use thereof.
12.
Records
of quantity and type of wastes received at processing and/or disposal
facilities.
13.
Handling
of special wastes such as toxic wastes, sludges, ashes, agriculture,
construction, bulky items, tires, automobiles, oils, greases, etc.
B.
The City
Clerk or such other City Official who is responsible for preparing
billings for the City is hereby authorized to make and promulgate
reasonable and necessary rules and regulations for the billing and
collection of solid waste collection and/or disposal service charges,
as hereinafter provided for.
C.
A copy
of any and all rules and regulations made and promulgated under the
provisions hereof shall be filed in the office of the City Clerk of
the City.
[R.O. 2012 §220.070; Ord. No. 1491 §1, 2-21-2012]
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 equipment, or with solid
waste equipment or collectors;
3.
Burn
solid or yard waste unless an approved incinerator is provided and
a variance has been obtained from the appropriate air pollution control
agency;
4.
Dispose
of solid waste at any facility or location which is not approved by
the City and the Missouri Division of Health;
5.
Engage
in the business of collecting, transporting, processing or disposing
of solid waste within the corporate limits of the City without a license
from the City, or operate under an expired license, or operate after
a license has been suspended or revoked;
6.
To collect
or process solid waste within the corporate limits of the City of
Warson Woods, Missouri, between the hours of 5:30 P.M. and 7:00 A.M.;
7.
To contract with, hire, or provide for, employ or procure the services of any person or entity other than the City's approved solid waste collector to provide collection and disposal services where the City provides such services pursuant to Section 220.030(A);
8.
Fail to have waste collected as provided in this Chapter. The occupant and the owner of any premises wherein any waste is produced, generated or accumulated shall be jointly and severally responsible to provide for waste collection and removal service for all waste generated on the premises. The occupant and the owner of any premise shall ensure that waste subject to this Chapter is picked up from the subject premises at least as frequently as provided in Section 220.030(F). Any occupant and/or owner of a residential property that has had its waste collection service suspended for failure to pay in violation of this Chapter shall continue, notwithstanding such suspension, to have a duty to provide for waste collection. The failure to either contract for or secure advance lawful waste collection as provided herein or obtain an exemption in advance shall be a separate violation of this Section for each property or premises in which waste is produced, generated or accumulated.
[R.O. 2012 §220.080; Ord. No. 1491 §1, 2-21-2012]
A.
If the
City shall provide waste collection and disposal services, the City
shall impose for such collection and disposal of solid waste an annual
service charge for each dwelling unit and each commercial establishment
to which such service shall be provided under the provisions of this
Chapter. The annual service charge for collection of residential solid
waste shall be as established by the Board of Aldermen from time to
time. The service charge for each commercial establishment will be
determined by the Director on the basis of quantity and characteristics
of material, point of pickup, and the time required to collect solid
waste if service is performed by the City.
B.
The service
and service charge shall be terminated upon presentation of satisfactory
proof to the Director that any such dwelling unit or establishment
is unoccupied, and shall be commenced upon renewed occupancy thereof.
The service herein provided shall be deemed to be a benefit to the
legal owner of the dwelling unit and the commercial establishment,
even though it is billed to the occupant thereof. The system of services
established by the provisions of this Chapter hereof is designed as
an integral part of the City's program of health and sanitation.
C.
The service
charge herein provided for is hereby imposed upon the owner of each
dwelling unit and commercial establishment receiving such service
under the provisions of this Chapter. Billing therefor shall be made
to the person contracting for such service. If any such billing is
not paid within thirty (30) days by the person contracting for such
services and such person is not the owner, the billing therefor shall
be submitted to the owner. Service charges shall be payable to the
department empowered to collect service charges imposed by the City,
or to any person, firm, organization or corporation contracting with
the City to provide such billing services for the City.
D.
If the
owner of a dwelling unit or commercial establishment receiving service
under this Chapter fails to pay the service charge for collection
of solid wastes within thirty (30) days after billing, interest at
the rate of one and one-half percent (1.5%) per month shall be imposed
on such overdue service charge. If such service charge is not paid
in full, together with any interest due thereon, within ninety (90)
days of billing, the City may file suit against such owner in the
Circuit Court of St. Louis County to collect such service charge and
interest. If the City has contracted with a third party to collect
solid waste in the City, and if the contract with such third party
requires that the service charge be paid directly to such third party,
such third party may file such suit against the owner to collect such
service charge and interest. If the contract with such third party
requires the City to reimburse the third party for unpaid service
charges, the City may file such suit against the owner to collect
such service charge and interest. In any such action, the owner shall
also be liable for all court costs and a reasonable attorney's fee
to be fixed by the court as a part of any judgment entered. Any judgment
entered by such court shall be a lien on such real estate as provided
in Section 511.350, RSMo.
E.
The City
may contract with any person, firm or corporation to provide billing
services to collect said service charges.
F.
The service
charge for the collection of residential solid waste shall be billed
every three (3) months.
G.
Failure
to pay service charges to the City's approved solid waste collector
within thirty (30) days of invoice is a violation of this Chapter.
[R.O. 2012 §220.090; Ord. No. 1491 §1, 2-21-2012]
Any person violating any of the provisions of this Chapter,
or any lawful rules or regulations promulgated pursuant thereto, upon
conviction, shall be guilty of an ordinance violation; provided that
each day's violation thereof shall be a separate offense for the purpose
thereof.
[R.O. 2012 §220.100; Ord. No. 1491 §1, 2-21-2012]
Any contractor who contracts with or is licensed by the City
to collect, remove and dispose of residential solid waste shall be
required to maintain during the term of the contract a performance
bond in a form and amount acceptable to the City, but in no event
less than ten thousand dollars ($10,000.00), with good and sufficient
surety, acceptable to the City and conditioned upon contractor performing
his/her duties and obligations.
[R.O. 2012 §220.110; Ord. No. 1491 §1, 2-21-2012]
Unless otherwise provided in this Chapter, no person shall engage
in the business of hauling waste in Warson Woods without obtaining
a business license from the City. The license shall only authorize
the waste hauling or transportation activities of the type (e.g.,
non-residential, hazardous waste, special waste, etc.) or in the zoning
area as may be specified in the license. Waste collection or transportation
without such license, or outside the permitted scope of such license,
is prohibited. No license shall be issued by the City unless the applicant
obtains and maintains a valid waste transportation license issued
by St. Louis County for each such vehicle and mobile waste container.
[R.O. 2012 §220.120; Ord. No. 1491 §1, 2-21-2012]
A.
Business
licenses pursuant to this Section shall not be required for vehicles
or persons only removing, hauling or disposing earth and rock material
from grading or excavation activities, provided an excavation permit
has been received from the City, if required.
B.
All earth
and rock material from grading or excavation activities shall be conveyed
in enclosed or covered vehicles, trucks or receptacles which are constructed,
maintained and operated such that the material being transported does
not spill, blow or fall out of the vehicle.
C.
Licenses
shall not be required for street sweepers.
D.
Licenses
shall not be required for waste haulers that do not collect waste
in the City of Warson Woods on a regular basis, provided that the
waste hauler holds a valid County license for waste transportation
if required by law. "Regular basis" shall mean collecting
waste not less than twice per month to any given customer not covered
by an exclusive license agreement within the City.
[R.O. 2012 §220.130; Ord. No. 1491 §1, 2-21-2012]
In addition to regulations for licensing waste haulers pursuant to Section 220.100, the City may solicit proposals for an exclusive or non-exclusive license agreement for the collection and disposal of solid waste from some or all of the residential premises in the City. Such license agreement shall be awarded by the Board of Aldermen following the receipt of competitive bids on specifications prepared by the City and approved by the Board of Aldermen. Each such license agreement shall be made upon terms which are most advantageous to the citizens of the City, as determined by the Board of Aldermen, in regard to the quality of services to be rendered, compliance with this Article, and all other requirements of law and fees to be charged by the waste hauler to the owners of the premises to be served; provided however, that no such license agreement shall be for a term of less than one (1) year, except to the extent that such contract is terminable upon the happening of certain conditions as required or permitted by its express terms or by this Article. No such license agreement shall be made with, issued to, or be allowed to continue for a waste hauler who does not possess all applicable permits and licenses to engage in the business of storing, collecting, transporting, processing and disposing of solid waste contemplated by the contract and required pursuant to this Article and other provisions of law. Such license agreement shall be subject to termination or suspension as provided for in such agreement, or upon revocation of the business license as provided by Section 220.190. Where a license agreement for residential waste hauling has been in place and the licensed waste hauler is performing satisfactorily, the Board of Aldermen may waive the bidding requirements herein and negotiate the extension of the then-current license agreement.
[R.O. 2012 §220.140; Ord. No. 1491 §1, 2-21-2012]
A.
Every application for a business license required under Section 220.100 shall be accompanied by proof of licensing by St. Louis County for each waste transportation vehicle and by a copy of the application submitted to St. Louis County which must contain the following:
1.
The
owner of the vehicle and the owner's address;
2.
The
waste hauler who will be operating the waste transportation vehicle
and the waste hauler's address and telephone number, and the name
under which the waste hauling business will be conducted;
3.
The
type of waste to be transported, i.e., whether the waste is residential,
non-residential, industrial, commercial, hazardous, infectious or
any combination thereof;
4.
The
site(s) where waste will be deposited by the hauler, be it landfill,
transfer station, or otherwise;
5.
The
motor vehicle license number and fleet vehicle number assigned by
the hauler of the vehicle;
6.
The
area served and to be served by operation of the owner's hauling business
vehicle; and
7.
Such
other information as may be required by the Director or the City Clerk.
[R.O. 2012 §220.150; Ord. No. 1491 §1, 2-21-2012]
A.
Initial
business licenses to engage in waste hauling shall begin on the date
the current waste transportation license is issued by St. Louis County
Department of Health and shall expire the following December thirty-first
(31st). All renewal applications shall be made by December thirty-first
(31st) of each year. All renewal licenses shall begin on January first
(1st) and continue through December thirty-first (31st) of the following
year.
B.
Each
license application shall be accompanied by a non-refundable application
fee of fifty dollars ($50.00) for each waste hauler, plus an additional
five dollars ($5.00) for each waste transportation vehicle engaged
in waste hauling in the City. The application fee shall be paid for
both original and renewal applications. In the event an application
is denied and a subsequent inspection is required, there shall be
no additional charge for subsequent inspection.
[R.O. 2012 §220.160; Ord. No. 1491 §1, 2-21-2012]
A.
The City
reserves the right to inspect all waste transportation vehicles which
are required to be licensed under this Chapter at any time without
notice.
B.
The inspection of any waste transportation vehicle prior to the issuance of a business license may be waived by St. Louis County Department of Health if the owner is a municipality, governmental entity, department of a governmental entity, or a non-profit organization which has a quality control and inspection program that assures compliance with the standards imposed by this Chapter on waste transportation vehicles and mobile waste containers. The fee imposed shall not be required for such vehicles and containers; however, the license required by Section 220.100 shall be required whether or not an inspection is made
[R.O. 2012 §220.170; Ord. No. 1491 §1, 2-21-2012]
A.
No business
license shall be issued for operation of a waste transportation vehicle
unless the waste transportation vehicle satisfies the requirements
of this Chapter, State law and other applicable laws or regulations.
B.
Except
as otherwise provided by law, no license shall be issued to engage
in the business of hauling waste to the extent such specific activities
are exclusively licensed to another waste hauler pursuant to an exclusive
license agreement with the City.
C.
Licenses
shall be issued without restriction to geographic area except such
restriction shall be included where:
D.
If the
City has granted an exclusive license agreement for residential waste
hauling, a business license for residential waste hauling will be
issued only to the waste hauler selected by the City and who has entered
into a residential solid waste license agreement with the City.
[R.O. 2012 §220.180; Ord. No. 1491 §1, 2-21-2012]
Licensed waste haulers and their agents and employees shall
comply with the representations made in the license applications,
and in any license agreement, regarding anticipated means of handling
and disposing of wastes and shall comply with such additional terms
and conditions as may be required by the City.
[R.O. 2012 §220.190; Ord. No. 1491 §1, 2-21-2012]
A.
The Director
or his/her designees may suspend a license for the operation of any
waste transportation vehicle with the City for the following reasons:
1.
The
standards for issuance of the license as set forth in this Chapter
are not met or are no longer met;
2.
The
waste transportation vehicle or container is not operated in conformity
with the requirements of this Chapter, City, County, State or Federal
law, any license agreement or any applicable conditions of the issuance
of the license.
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In either event, the period of suspension shall be for the period
such standards are not met. In the case of suspension of an exclusive
license, the City may contract for alternative waste hauling services
without competitive bidding and may issue a temporary license to the
interim waste hauler for such services.
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B.
In the
event that the Director or his/her designee determines that continued
use or operation of the waste transportation vehicle or mobile container
presents an immediate and serious threat to the health, safety or
welfare of persons within the City of Warson Woods, he/she may suspend
the license without a hearing, but shall permit the owner or operator
of the vehicle or mobile container, if different than the owner, or
a waste transportation vehicle or mobile container whose license has
been so suspended an opportunity to be heard before the Board of Aldermen
within five (5) business days of notice of the suspension if the owner
or operator so requests within thirty (30) days of the suspension.
The five (5) business day time period is subject to the availability
of a quorum of the Board for a meeting on short notice. The Director
shall notify the operator of his/her decision to suspend the license,
giving reasons therefore, by certified mail or hand delivery of a
notice to the office of the owner or operator. In the event that the
Director does not determine that continued use or operation of the
waste transportation vehicle or mobile container presents an immediate
and serious threat to the health and welfare of persons within the
City, he/she shall give the owner and operator, if different than
the owner, at least five (5) business days' notice of any hearing
before the Board of Aldermen to determine whether the license should
be suspended. Following the hearing, the Board of Aldermen shall decide
whether the license should be suspended.
[R.O. 2012 §220.200; Ord. No. 1491 §1, 2-21-2012]
In addition to all other remedies of the City, the Director or his/her designee may revoke a business license. The occurrence of three (3) or more violations of this Chapter or the County or State regulations relating to waste disposal, collection and transportation, or moving vehicle violations within a license year shall be deemed prima facie evidence warranting revocation of a license. All such revocation decisions shall be subject to appeal pursuant to Chapter 155, the City Administrative Review Code.
[R.O. 2012 §220.210; Ord. No. 1491 §1, 2-21-2012]
A.
Each
motor vehicle issued a business license under the provisions of this
Chapter pertaining to licensing of waste transportation vehicles shall
display the license sticker or certificate issued by St. Louis County
Department of Health in a prominent place on the motor vehicle.
B.
Each
mobile waste container shall be labeled with the owner's name, phone
number and a unique number assigned to the container by the owner
for identification purposes.
[R.O. 2012 §220.220; Ord. No. 1491 §1, 2-21-2012]
No waste hauler shall be deemed an agent of the City for any
purpose by reason of this Chapter or by reason of the issuance of
any license or license agreement. The City shall not be responsible
or liable for any action of the waste hauler, and the waste hauler
shall not claim any agency or endorsement by the City without the
written consent of the City.
[R.O. 2012 §220.230; Ord. No. 1491 §1, 2-21-2012]
A.
No person
shall engage in the business of hauling waste and/or recyclables without
maintaining public liability insurance governing all operations of
the insured pertaining to the business of hauling waste and/or recyclables
and all vehicles to be operated in the conduct thereof. The insurance
shall include coverage in one (1) policy or multiple policies for
any waste haulers or subwaste haulers engaged by the insured for such
business. Evidence of such insurance shall be filed annually with
the City Clerk. Except as may be provided for in a license agreement,
each waste hauler shall have comprehensive general liability, property
damage, and automobile liability insurance coverage's in an amount
as determined and updated from time to time by the City Clerk and
shall include the City of Warson Woods as an additional named insured.
B.
No person
shall engage in the business of hauling waste without maintaining
insurance with Workers' Compensation coverage with minimum limits
as set by law. Insurance shall include coverage in one (1) policy
or multiple policies for any waste haulers or subwaste haulers engaged
by the insured for such business.
C.
No insurance
policy required by this Section shall be approved unless it provides
that thirty (30) days' advance notice will be given by the insurer
to the City Clerk in the event the policy is terminated or canceled.
