[Code 1999 §230.010; Ord. No. 398 §1, 2-12-1987]
For the purposes of this Chapter, the following terms shall
be deemed to have the meanings indicated below:
APPROVED INCINERATOR
An incinerator which complies with all current regulations
of the responsible local, State and Federal air pollution control
agencies.
BULKY RUBBISH
Non-putrescible solid wastes consisting of combustible and/or
non-combustible waste materials from dwelling units, commercial, industrial,
institutional or agricultural establishments which are either too
large or too heavy to be safely and conveniently loaded in solid waste
transportation vehicles by solid waste collectors with the equipment
available therefor.
CITY
The City of Seymour, Missouri.
COLLECTION
Removal of solid waste from its place of storage to the transportation
vehicle.
CONSTRUCTION AND DEMOLITION WASTE
Waste materials from the construction and demolition of residential,
industrial, or commercial structures, but shall not include materials
defined as clean fill under this Section.
CONTRACTOR
Such person, firm or corporation as may be contracted with
to provide solid waste transportation and disposal for the City.
CURBSIDE
A location adjacent to and not more than five (5) feet from
any street.
DIRECTOR
The Director of the Solid Waste Management Program of the
City shall be the Mayor or City employee or Councilman designated
by the Mayor.
DISPOSABLE SOLID WASTE CONTAINER
Disposable plastic or paper sacks with a capacity of twenty
(20) to thirty-nine (39) gallons or, if specifically designated for
storage of solid waste, a maximum of fifty-five (55) gallons.
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.
Units of multiple-housing facilities may be billed as dwelling units
upon request by the owner of said dwelling units.
GARBAGE
Putrescible animal or vegetable wastes resulting from the
handling, preparation, cooking, serving or consumption of food.
HAZARDOUS WASTES
Any waste or combination of wastes, as determined by the
Hazardous Waste Management Commission by rules and regulations, which,
because of its quantity, concentration or physical, chemical or infectious
characteristics, may cause or significantly contribute to an increase
in mortality or an increase in serious irreversible or incapacitating
reversible illness, or pose a present or potential threat to the health
of humans or the environment.
MAJOR APPLIANCES
Clothes washers and dryers, water heaters, trash compactors,
dishwashers, conventional ovens, ranges, stoves, wood stoves, air-conditioners,
refrigerators and freezers.
OCCUPANT
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.
PERSON
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.
PROCESSING
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
PROHIBITED ITEMS
Items which are eliminated by State law from being disposed
of in a solid waste disposal area including, but not limited to, major
appliances, waste oil, lead acid batteries, waste tires and the like
as the same may be now or hereafter defined by State law.
SOLID WASTE
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 AREA
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.
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.
STORAGE
Keeping, maintaining or storing solid waste from the time
of its production until the time of its collection.
TRANSPORTATION
The transporting of solid waste from the place of collection
or processing to a solid waste processing facility or solid waste
disposal area.
YARD WASTES
Leaves, grass clippings, yard and garden vegetation and Christmas
trees. The term does not include stumps, roots or shrubs with intact
root balls.
[Code 1999 §230.020; Ord. No. 398 §2(2.5 — 2.6), 2-12-1987]
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 waste, except bulky rubbish
and demolition and construction waste, to serve each such dwelling
unit and/or establishment and to maintain such solid waste containers
at all times in good repair.
B. The occupant
of every dwelling unit and of every institutional, commercial, business,
industrial or agricultural establishment shall place all solid waste
to be collected in proper solid waste containers and shall maintain
such solid waste containers and the area surrounding them in a clean,
neat and sanitary condition at all times. Accumulation of waste in
suitable containers shall not be stored upon any site in the City
for a period longer than ten (10) days.
C. Residential
solid waste shall be stored in containers as provided by the current
solid waste hauler or of not more than thirty-nine (39) gallons nor
less than twenty (20) gallons in nominal capacity, except that residential
solid waste may be stored in trash bags of adequate strength in a
size not to exceed fifty-five (55) gallons. All containers, including
bags, shall be leak-proof and water-proof, fly-tight and properly
covered, tied or enclosed, except when depositing waste therein or
removing the contents thereof. Containers other than bags shall have
handles, bails or other suitable lifting devices or features. Containers
other than bags shall be of a type originally manufactured for residential
solid waste with tapered sides for easy emptying. They shall be of
lightweight and sturdy construction. The weight of any individual
container, including bags and its contents, shall not exceed seventy-five
(75) pounds. Galvanized metal containers or rubber, fiberglass or
plastic containers which do not become brittle in cold weather may
be used in addition to bags. Disposable solid waste containers with
suitable frames or containers as approved by the City may also be
used for storage of residential solid waste. Galvanized metal containers
or rubber, fiberglass or plastic containers with suitable frames or
containers as approved by the City 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 Board. 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
230.060.
E. Solid
waste containers which are not approved will be collected together
with their contents and disposed of.
F. Tree
limbs less than four (4) inches in diameter and brush shall be securely
tied in bundles not larger than forty-eight (48) inches long and eighteen
(18) inches in diameter when not placed in storage containers. The
weight of any individual bundle shall not exceed seventy-five (75)
pounds.
G. 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
seventy-five (75) pounds.
[Code 1999 §230.030; Ord. No. 398 §3(3.3), 2-12-1987; Ord. No. 689, 12-27-2012]
A. The City
shall provide for the collection of solid waste as follows:
1. Collection of residential solid waste. The City shall provide
for the collection of residential solid waste 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.
2. Other collections. The City may, at its discretion, provide
commercial solid waste collection services upon specific application
of the owners or persons in charge thereof. However, in the event
that such application is not made or approved, it shall be the duty
of such establishment to provide for collection of all solid waste
produced upon any such premises in a manner approved by City. If and
when the City does provide commercial collection service, the provisions
herein concerning such service shall apply.
B. Tree limbs and yard wastes, as described in Section
230.020(F) and
(G) respectively, 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 curb for collection. Any solid waste containers, tree limbs, yard wastes, or other solid waste permitted by this Chapter to be placed at the curb or alley for collection shall not be so placed until the regularly scheduled collection day.
C. All solid
waste from premises to which collection services are provided under
contract with the City shall become the property of the collection
agency upon being loaded into the transportation equipment.
D. 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 6:00 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. No alley service
shall be allowed under the terms of this Chapter, except as approved
by the Board of Aldermen.
E. Individuals
desiring the collection of bulky rubbish shall deal directly with
those licensed by the City for the collection of the same.
F. 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 buildings for
the purpose of collecting residential solid waste.
G. It shall
be the responsibility of the occupants of each dwelling unit to prepare,
package and deliver solid waste to curbside for collection as prescribed
in this Chapter and as it may be amended from time to time.
H. It shall
be the responsibility of each commercial, industrial, institutional
or other non-residential generator of solid waste to prepare, package
and store solid waste so generated as prescribed by this Chapter and
as it may be amended from time to time.
I. It shall
be the responsibility of every solid waste collector to abide by this
Chapter and receive and transport solid waste in a manner consistent
with the provisions of this Chapter.
J. 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 Board upon a determination that such lesser
intervals are necessary for the preservation of the health and/or
safety of the public.
K. Residential solid waste containers shall be stored upon the residential premises. Except as provided in Subsection
(D) hereof, all solid waste containers stored out-of-doors shall be stored behind any building located on the tract of land. Commercial solid waste containers shall remain in the location from which they are to be serviced except while being serviced.
L. All solid
waste collectors operating under contract with the City or otherwise
collecting solid waste within the City limits shall be responsible
for the collected solid waste from the point of collection to the
point of disposal provided the solid waste was stored in compliance
with the applicable Sections of this Chapter. Any spillage or blowing
litter caused as a result of the duties of the solid waste collector
shall be collected and placed in the transportation vehicle by the
solid waste collector.
M. 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 2:00 A.M.
[Code 1999 §230.040; Ord. No. 398 §4(4.3), 2-12-1987]
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 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.
Provided however, other vehicles may be used to transport bulky rubbish
which because of its size or weight is not susceptible to being loaded
or unloaded in vehicles described above, but in no event shall such
vehicles be operated without adequate cover or binding to prevent
spillage or waste therefrom and in accordance with the rules and regulations
made by the Board.
B. 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. Transportation and disposal of demolition and construction wastes shall be in accordance with Sections
230.040 and
230.050 hereof. A permit shall not be required for the hauling of demolition and construction waste, however, all such material shall be conveyed in tight vehicles, trucks, or receptacles so constructed and maintained that none of the material being transported shall spill upon the public rights-of-way.
[Code 1999 §230.050; Ord. No. 398 §5(5.2), 2-12-1987]
A. Solid
wastes 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 260.255, RSMo., and
the rules and regulations adopted thereunder. The City may designate
the processing or disposal facility to be utilized by persons holding
permits under this Chapter.
B. No one
shall discard, deposit, or put any solid waste as defined in this
Chapter on any property or land owned, maintained or operated by the
City of Seymour without written permission from the City.
C. The Board
may classify certain wastes as hazardous wastes which will require
special handling and shall be disposed of only in a manner acceptable
to the Board which will meet all local, State and Federal regulations.
[Code 1999 §230.080; Ord. No. 398 §8(2, 6), 2-12-1987]
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 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, those of a solid waste collection agency operating under
contract with the City, or any duly licensed collector;
3. Dispose
of solid waste at any facility or location which is not approved by
the City and the Missouri Division of Health;
4. 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.
5. Fail
to have solid waste collected as provided in this Chapter.
6. Violate any Section of this Chapter or any other rule or regulation promulgated under the authority of Section
230.060.
The Board may require performance or payment bonds of any solid
waste collection agency prior to issuing permits to so operate.
[Code 1999 §230.093; Ord. No. 398 §11, 2-12-1987]
The Seymour Board of Aldermen may grant individual variances
from this Chapter where it is determined that no substantial health
hazard is likely to occur therefrom and where unnecessary hardship
may result from strict compliance with this Chapter. No variance may
be allowed which will conflict with any State or Federal requirement.
[Code 1999 §230.095; Ord. No. 398 §12, 2-12-1987]
For the purpose of protecting the public health, welfare and
safety, the Board of Aldermen may impose additional requirements consistent
with the intent of this Chapter for the operation of solid waste management
sites or facilities.