[CC 1984 §21-1; Ord. No. 3140 §21-1; Ord. No. 3212 §2, 12-16-1974; Ord. No. 3464 §1, 2-6-1978; Ord. No. 3662 §§2 — 4, 7-21-1980; Ord. No. 4372 §1, 11-19-1990; Ord. No. 4389 §1, 4-15-1991; Ord. No. 4507 §1, 8-2-1993]
Whenever used in this Chapter, the following words, terms and phrases and their derivations shall be deemed to have the meaning indicated below:
- APPROVED INCINERATORS
- An incinerator which complies with all current regulations of the responsible local and State air pollution control agencies.
- BULK RUBBISH
- Non-putrescible solid waste consisting of combustible and/or non-combustible waste materials from dwelling units, which materials 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. Also includes tree limbs in excess of six (6) inches in diameter.
- CENTRAL COLLECTION SITE
- A place designated by the City where residents may drop off recyclables for recycling.
- The City of Richmond Heights, Missouri.
- Removal of solid waste from its place of storage to the transportation vehicles.
- COMMERCIAL SOLID WASTE
- All solid waste except those items defined in the definitions of "Bulk Rubbish", "Infectious Waste" and "Special Waste" set out in this Section, resulting from the maintenance and operation of any building, enterprise, activity or establishment other than residential buildings of four (4) families or less, and churches. For the purpose of storage and disposal methods, recyclables and compostables from any such commercial buildings, enterprises, activities or establishments shall be considered as solid waste.
- Yard waste such as grass clippings, leaves, vines, hedge and shrub (including rose bushes) trimmings and tree limbs less than six (6) inches in diameter and no longer than four (4) feet in length, and/or other such organic materials from the yard.
- The solid waste hauler selected by the City to collect recyclables for recycling.
- A location adjacent to and not more than five (5) feet from any street.
- The City Manager of the City of Richmond Heights shall be the director of the solid waste management program of the City, or his/her designee.
- DISPOSABLE SOLID WASTE CONTAINER
- Disposable plastic or paper sacks with a capacity of twenty (20) to thirty-five (35) gallons specifically designed for storage of solid waste.
- DWELLING UNIT
- 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.
- Putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving or consumption of food.
- INFECTIOUS WASTE
- Waste in quantities and characteristics as determined by the department by rule and regulation, including the following wastes known or suspected to be infectious: isolation wastes, cultures and stocks of etiologic agents, contaminated blood and blood products, other contaminated surgical wastes, wastes from autopsy, contaminated laboratory wastes, sharps, dialysis unit wastes, discarded biologicals and antineoplastic chemotherapeutic materials; provided however, that infectious waste does not mean waste treated to department specifications.
- MAJOR APPLIANCES
- Washers and dryers, water heaters, trash compactors, dishwashers, microwave ovens, conventional ovens, ranges, stoves, wood stoves, air conditioners, refrigerators, freezers, dehumidifiers and humidifiers.
- MULTIPLE-HOUSING FACILITY
- A housing facility containing more than one (1) dwelling unit under one (1) roof.
- Any person who, alone or jointly or severally with others, shall be in actual possession of any dwelling unit or of any other improved real property, either as owner or as a tenant.
- Any individual, partnership, corporation, association, institution, City, County, other political subdivision, authority, State agency or institution, or Federal agency or institution.
- All one-family to four-family dwellings located in the City.
- Incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.
- Newsprint; brown, clear and green glass containers; aluminum cans; plastic milk jugs and plastic soda bottles, all rinsed and reasonably free of food, dirt and other contaminants. Also included as a recyclable is any other material that the City and contractor may hereafter mutually agree to collect as a recyclable. For the purposes of this Chapter, recyclables shall not include other solid waste, bulk rubbish or special waste as defined in this Chapter.
- RECYCLABLES CONTAINER
- A container furnished by the City for storage of recyclables.
- The process of remanufacturing recyclables into other products or refurbishing them for reuse.
- Solid waste.
- Every person who is an owner or occupant of a dwelling unit within the City.
- RESIDENTIAL SOLID WASTE
- Solid waste resulting from the maintenance and operation of dwelling units.
- SOLID WASTE
- Garbage, refuse and other discarded materials including, but not limited to, solid and semi-solid waste materials resulting from industrial, commercial, agricultural, governmental and domestic activities, but does not include hazardous waste as defined in Sections 260.360 to 260.432, RSMo., recovered materials, overburden, rock, tailings, matte, slag or other waste material resulting from mining, milling or smelting.
- SOLID WASTE CONTAINER
- Receptacle used by any person to store solid waste during the interval between solid waste collections.
- SOLID WASTE DISPOSAL
- The process of discarding or getting rid of unwanted material. In particular, the final disposition of solid waste by man.
- SOLID WASTE MANAGEMENT SYSTEM
- 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.
- SPECIAL WASTE
- Items which, by their very nature, can cause health problems or injury to individuals, including but not limited to solvents, insecticides, cleaning agents, heavy metals, prescription drugs, explosives, incendiaries, motor oils, refrigerants, infectious waste, and any materials prohibited by the City's Fire Code.
- 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.
- TREE LIMBS
- Limbs between one (1) inch and six (6) inches in diameter.
[CC 1984 §21-2; Ord. No. 3140 §21-2; Ord. No. 3212 §2, 12-16-1974; Ord. No. 3577 §1, 7-23-1979; Ord. No. 3662 §5, 7-21-1980; Ord. No. 3967 §2, 10-3-1983; Ord. No. 4372 §1, 11-19-1990; Ord. No. 4507 §2, 8-2-1993]
The occupant of every building containing only a single dwelling unit or only a single institutional, commercial, business, industrial, agricultural, professional or non-profit occupant, and the owner of every building containing more than one (1) dwelling unit or more than one (1) institutional, commercial, business, industrial, agricultural, professional or non-profit occupant, or any combination thereof, producing solid waste within the corporate limits of the City shall provide or cause to be provided sufficient and adequate solid waste containers for the storage of all solid waste, except bulk rubbish and demolition and construction waste, to serve each such dwelling unit, establishment or building and shall maintain or cause to be maintained such solid waste containers in good repair at all times.
The occupant of every building containing only a single dwelling unit or only a single institutional, commercial, business, industrial, agricultural, professional or non-profit occupant, and the owner of every building containing more than one (1) dwelling unit or more than one (1) institutional, commercial, business, industrial, agricultural, professional or non-profit occupant, or any combination thereof, shall place or cause to be placed in proper solid waste containers, except as otherwise provided herein, all solid waste to be collected and shall maintain or cause to be maintained 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. Large, portable plastic containers with wheels and having a capacity of not more than ninety (90) gallons are acceptable as well. Containers shall be leakproof, waterproof 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 a light weight and sturdy construction. The weight of any individual containers and contents shall not exceed seventy-five (75) pounds. Galvanized metal containers, or rubber, fiberglass or plastic containers which do not become brittle in cold weather, may be used. Disposable solid waste containers with suitable frames or containers as approved by the director may also be used for storage of residential solid waste.
All commercial solid waste shall be stored in dumpsters or similar containers approved by the director. All such containers shall be stored behind any building located on the tract of land from which such commercial solid waste is generated and screened from the view of any public streets and adjacent lots with a sight-proof fence. Such containers must be covered at all times with a tight fitting lid except when depositing waste therein or removing the contents thereof, pursuant to Section 245.070. Solid waste shall be picked up by the waste hauler from the designated storage site. Commercial solid waste, dumpsters or similar containers may not be placed at the curb for pickup.
Appeals to the director for relief from the requirements of this Subsection (D) may be made when, based upon geographical factors, building or parking lot arrangements, strict compliance with the requirements is not possible. All appeals must be submitted in writing. The director will render a written decision within ten (10) working days.
Upon appeal, the director may modify the requirements for the type, location or screening of the solid waste container required, provided that the intent of this Subsection is preserved, such intent being to regulate the storage and disposal of solid waste in a manner to provide for the health and safety of all, and to minimize the unsightly appearance of solid waste and its storage containers.
Tree limbs and brush shall be securely tied in bundles not larger than sixty (60) inches long or eighteen (18) inches in diameter. The weight of any individual bundle shall not exceed seventy-five (75) pounds.
[CC 1984 §11-47; CC 1984 §11-48; CC 1984 §21-3; Rev. M.C. 1963 §17.03; Ord. No. 2980 §1, 10-5-1970; Ord. No. 3140 §§11-23 — 11-24; Ord. No. 3140 §21-3; Ord. No. 3212 §2, 12-16-1974; Ord. No. 3464 §2, 2-6-1978; Ord. No. 3662 §6, 7-21-1980; Ord. No. 3695 §1, 12-1-1980; Ord. No. 4126 §1, 6-2-1986; Ord. No. 4292 §1, 9-18-1989; Ord. No. 4372 §1, 11-19-1990; Ord. No. 4619 §1, 1-16-1996; Ord. No. 4625 §1, 3-18-1996; Ord. No. 5164 §1, 2-22-2011]
The City shall provide for the collection from all dwelling units, excluding multiple-housing facilities with more than four (4) units, of all solid wastes in the City, 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. To qualify as a multiple-housing facility of no more than four (4) dwelling units, no more than four (4) dwelling units are permitted on a single lot of record.
Disposal Of Refuse Or Trash — Lawful Methods. The disposal of refuse and trash shall be considered to be lawful if it is performed by:
The refuse collector under contract with the City to render refuse collection and disposal service to households, business establishments and public or private institutions by approved procedures prescribed by contract or ordinance;
The City's own refuse collection and disposal department;
Any private refuse collector who has been employed by one (1) or more householders, business establishments, public or private institutions, multiple dwellings or housing projects to collect, remove and dispose of refuse from these premises in full conformity with provisions and regulations prescribed by the City and County health ordinances and Codes; or
By means of an incinerator located within or outside of a building or premises if the incinerator is properly equipped with an electrical or mechanical device to eliminate smoke-producing gases and solids and these disposal facilities and their operation conform to prescribed regulations and have been approved by the smoke and air pollution authorities, the Fire Chief and the Director of Public Safety.
Disposal Of Refuse — Commercial, Institutional Or Multi-Family Units — Exception. All trash, refuse or other waste materials emanating from premises occupied by commercial establishments, public or private institutions and multiple dwelling units exceeding four (4) or more families shall be disposed of by the removal and hauling of the refuse by private collection or approved incineration.
All solid waste collected shall, upon being loaded into transportation equipment, become the property of the collector.
Solid waste containers as required by this Chapter for the storage of residential solid waste shall be placed at the curb for collection but shall not be so placed until after 3:00 P.M. on the day next preceding the regularly scheduled collection day. Containers shall be removed from the curb no later than 8:00 P.M. on the day of collection.
Bulk rubbish shall be collected by request to the collector. The director may establish procedures for collecting bulk rubbish.
Solid waste collectors, employed by 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 buildings for the purpose of collecting residential solid waste.
The following collection frequencies shall apply to collections of solid waste within the City: all residential solid waste and 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 upon a determination that such lesser intervals are necessary for the preservation of the health and/or safety of the public.
Residential solid waste containers shall be stored upon the residential premises. The storage site shall be well-drained and fully accessible to collection equipment, public health personnel and fire inspection personnel.
Solid waste collectors, employed by a solid waste collection agency operating under contract with the City, shall be responsible for the collection of solid waste from the point of collection to the transportation vehicle provided the solid waste was stored in compliance with Section 245.020 (C), (D) and (E) of this Chapter. Any spillage or blowing litter caused as a result of the duties of the solid waste collector shall be collected and placed in the transportation vehicle by the solid waste collector.
Except as provided in Section 245.030(C), all solid waste containers stored out-of-doors shall be stored behind any building located on the tract of land. Commercial solid waste containers shall remain in the location from which they are to be serviced except while being serviced.
It shall be unlawful for any person, firm or corporation collecting and disposing of rubbish, garbage or waste material from premises in the residential districts or premises in any commercial district which abuts or adjoins a residential district in the City to make such collection or dispose of rubbish, garbage or waste materials between the hours of 9:00 P.M. and 7:00 A.M. Failure to comply with the provisions herein stated shall constitute a misdemeanor and subject the offender to the penalties prescribed for violation of this Code.
[CC 1984 §21-4; Ord. No. 3140 §21-4; Ord. No. 3212 §2, 12-16-1974; Ord. No. 4372 §1, 11-19-1990]
All transportation vehicles shall be maintained in a safe, clean and sanitary condition and shall be so constructed, maintained and operated as to prevent spillage of solid waste therefrom. All vehicles to be used for transportation of solid waste shall be constructed with watertight bodies and with covers which shall be an integral part of the vehicle or shall be a separate cover of suitable material with fasteners designed to secure all sides of the cover to the vehicle and shall be secured whenever the vehicle is transporting solid waste or, as an alternate, the entire bodies thereof shall be enclosed with only loading hoppers exposed. No solid waste shall be transported in the loading hoppers.
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.
[CC 1984 §21-5; Ord. No. 3140 §21-5; Ord. No. 3212 §2, 12-16-1974; Ord. No. 4126 §2, 6-2-1986; Ord. No. 4372 §1, 11-19-1990]
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, Sections 260.200 to 260.245, RSMo., and the rules and regulations adopted thereunder. The City may designate the processing or disposal facility to be utilized by persons operating under Section 245.060 of this Article.
[CC 1984 §21-10; Ord. No. 3140 §21-6; Ord. No. 3212 §1, 12-16-1974; Ord. No. 4372 §1, 11-19-1990]
No person shall engage in the business of collecting, transporting, processing or disposing of items covered by this Chapter within the corporate limits of the City without first obtaining an annual permit therefor from the City.
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 City evidence of a satisfactory public liability insurance policy covering all operations of such applicant pertaining to such business and all vehicles to be operated in the conduct thereof in the amount of not less than one hundred thousand dollars ($100,000.00) for each person injured or killed, and in the amount of not less than three hundred thousand dollars ($300,000.00) in the event of injury or death of two (2) or more persons in any single accident, and in the amount of not less than twenty-five thousand dollars ($25,000.00) for damage to property. The contract of insurance shall provide that if any such policy be canceled, the director shall be notified of such cancellation by the insurance carrier in writing not less than ten (10) days prior to the effective date of such cancellation, and 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.
Each applicant for any such permit shall state in his/her application therefor:
The nature of the permit desired, such as to collect, transport, process or dispose of solid waste or any combination thereof;
The characteristics of items to be collected, transported, processed or disposed;
The number of solid waste transportation vehicles to be operated thereunder;
The precise location or locations of solid waste processing or 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, 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 Article, the director shall issue the permit authorized by this Article. The permit shall be issued for a period of one (1) year, and each applicant shall pay therefor a fee of twenty-five dollars ($25.00) per vehicle per year for each solid waste processing or disposal facility to be operated and a fee of twenty-five dollars ($25.00) for each transportation vehicle to be used. If, in the opinion of the director, 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 Article, the director shall notify the applicant, in writing, setting forth the modification 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 (D) within the time limit specified therein, or if the application does not clearly show that the collection, transportation, processing 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 his/her application, provided that all aspects of the reapplication comply with the provisions of this Article.
The annual permit may be renewed upon payment of the fee or fees as designated herein. If, in the opinion of the director, the business entity has changed, the applicant shall reapply for a permit as set forth in Subsections (B) and (C). No permits authorized by this Article shall be transferred from person to person.
In order to insure compliance with the laws of this State, this Article and the rules and regulations authorized herein, the director is authorized to inspect all phases of solid waste management within the City of Richmond Heights. No inspection shall be made in any dwelling unit unless authorized by the occupant or by due process of the law. In all instances where such inspections reveal violation of this Article, 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.
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 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.
Any person who feels aggrieved by any notice of violation or order issued pursuant thereto of the director may, within ten (10) days of the act for which redress is sought, appeal directly to the Municipal Judge of the City of Richmond Heights, in writing, setting forth in a concise statement the act being appealed and the grounds for its reversal.
All motor vehicles operating under any permit required by this Article shall display the number or numbers of the permits on each side in colors which contrast with that of the vehicle, such numbers to be clearly legible and not less than eight (8) inches high. Each permit for processing or disposal facilities shall be prominently displayed at the facility.
[CC 1984 §21-11; Ord. No. 3140 §21-7; Ord. No. 3212 §2, 12-16-1974; Ord. No. 4235 §12, 9-6-1988; Ord. No. 4372 §1, 11-19-1990]
The director may make, amend, revoke, and enforce reasonable and necessary rules and regulations governing, but not limited to:
Preparation, drainage and wrapping of garbage deposited in solid waste containers.
Specifications for solid waste containers, including the type, composition, equipment, size and shape thereof.
Identification of solid waste containers and of the covers thereof, and of equipment thereto appertaining, if any.
Weight limitations on the combined weight of solid waste containers and the contents thereof, and weight and size limitations of bundles of solid waste too large for solid waste containers.
Storage of solid waste in solid waste containers.
Sanitation, maintenance and replacement of solid waste containers.
Schedules of and routes for collection and transportation of solid waste.
Collection points of solid waste containers.
Collection, transportation, processing and disposal of solid waste.
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.
[CC 1984 §21-12; Ord. No. 3140 §21-8; Ord. No. 3212 §2, 12-16-1974; Ord. No. 4372 §1, 11-19-1990]
It shall be unlawful for any person to:
Deposit solid waste in any container other than his/her own, without the written consent of the owners of such container, and/or with the intent of avoiding payment of any service charge provided for solid waste collection and disposal, or avoiding compliance with any of the provisions of this Article.
Interfere in any manner with collection and transportation equipment or with solid waste collectors in the lawful performance of their duties as such, whether such equipment or collectors shall be those of the City or those of a solid waste collection agency operating under contract with the City.
Burn solid waste unless an approved incinerator is provided or unless a variance has been obtained from the appropriate air pollution control agency.
Dispose of solid waste at any facility or location which is not approved by the City and the Missouri Division of Health.
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.
Allow, keep or maintain any accumulation of solid waste upon any lot, ground or premises in the City.
Accumulate solid waste of any type for a period in excess of fourteen (14) days.