[CC 1987 §400.010; Ord. No. 585 §1, 8-27-1974]
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 and State air pollution control agencies.
BULKY RUBBISH
Non-putrescible, non-liquid solid wastes, whether combustible or non-combustible, which are either too large or too heavy to be safely and conveniently loaded into vehicles designed for solid waste collection (packer trucks) without additional loading equipment and/or manpower.
[Ord. No. 2015-09 §1, 9-28-2015]
CITY
The City of Hayti, Missouri.
COLLECTION
The removal of solid waste from its place of storage to the transportation vehicle and transportation to a designated facility.
[Ord. No. 2015-09 §1, 9-28-2015]
COMMERCIAL GENERATOR
Any person engaged in an enterprise, including multiple housing facilities with more than six (6) dwelling units, and any other non-residential activity that generates solid waste.
[Ord. No. 2015-09 §1, 9-28-2015]
DEMOLITION AND CONSTRUCTION WASTE
Waste materials from the construction or destruction of residential, industrial or commercial structures.
DIRECTOR
The Director of the solid waste management program of the City or his/her authorized representative.
DISPOSABLE SOLID WASTE CONTAINER
Disposable plastic sacks specifically designed for storage of solid waste.
[Ord. No. 2015-09 §1, 9-28-2015]
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.
GARBAGE
Putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving or consumption of food.
HAZARDOUS WASTE
Includes but is not limited to pathological waste, infectious waste, explosive waste, pesticides, pesticide containers, and toxic radioactive materials, or as defined by the State of Missouri Department of Environmental Regulation or by any future legislative action or by Federal or State or local law.
[Ord. No. 2015-09 § 1, 9-28-2015]
LIGHT COMMERCIAL GENERATOR
Any commercial generator designated as such by the Director of the City's waste management program that generates a limited quantity of solid waste, such waste being comparable to that generated by a single-family residence.
[Ord. No. 2015-09 § 1, 9-28-2015]
MULTIPLE HOUSING FACILITY
A housing facility containing more than one (1) dwelling unit under one (1) roof.
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
Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision or organization of any kind or their legal representative, agent or assigns.
PROCESSING
Incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quality is reduced.
REFUSE
Solid waste.
SERVICE AREA
The corporate limits of the City of Hayti, Missouri, as now established or as may be expanded in the future.
[Ord. No. 2015-09 §1, 9-28-2015]
SOLID WASTE
Unwanted or discarded waste materials in a solid or semi-solid State, including but not limited to putrescible and non-putrescible garbage, ashes, street refuse, rubbish, animal or agricultural wastes, special wastes, industrial wastes and demolition and construction waste.
[Ord. No. 2015-09 §1, 9-28-2015]
1. 
Commercial solid waste: Solid waste resulting from the operation of any commercial, industrial, or agricultural establishment and multiple housing facilities with more than six (6) dwelling units.
2. 
Residential solid waste: Solid waste resulting from the maintenance and operation of dwelling units, excluding multiple housing facilities with more than six (6) dwelling units.
SOLID WASTE CONTAINER
Receptacle used by any person to store solid waste during the interval between solid waste collections.
SOLID WASTE CONTRACTOR
The person or entity contracting with the City to collect, transport and properly dispose of all acceptable solid waste generated in the City.
[Ord. No. 2015-09 §1, 9-28-2015]
SOLID WASTE DISPOSAL
The process of discarding or getting rid of unwanted material, in particular the final deposition of solid waste by man.
SOLID WASTE MANAGEMENT
The entire solid waste system of storage, collection, transportation, processing and disposal.
STORAGE
Keeping, maintaining, or storing solid waste from the time of its production until the time of its collection.
[Ord. No. 2015-09 §1, 9-28-2015]
TRANSPORTATION
The transporting of solid waste from the place of collection or processing to a solid waste processing facility or solid waste disposal area.
UNACCEPTABLE WASTES
Highly flammable substances, hazardous waste, liquid wastes, special wastes, tires, lead acid batteries, certain biological wastes, explosive material that the disposal facility is not authorized to receive and/or dispose of, and other materials deemed by State, Federal, or local law, or in the reasonable discretion of the City's solid waste contractor, to be dangerous or threatening to health or the environment, or which cannot be legally accepted at the applicable disposal facility.
[Ord. No. 2015-09 § 1, 9-28-2015]
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.
[CC 1987 §400.020; Ord. No. 585 §§2.1 — 2.7, 8-27-1974; Ord. No. 2015-09 §2, 9-28-2015]
A. 
The solid waste contractor will provide one (1) ninety-six-gallon solid waste container to each residential and light commercial solid waste customer. Each residential and light commercial solid waste customer may purchase additional compatible ninety-six-gallon solid waste containers compatible with the solid waste contractor's collection equipment for storage of its solid waste. The solid waste contractor will provide such dumpsters of such size as may be required for commercial solid waste customers participating in the City's solid waste management program. Solid waste customers shall keep all such containers maintained in a good state of repair with lids secured and in place at all times.
B. 
Every residential and light commercial solid waste generator within the corporate limits of the City shall store all solid waste in disposable solid waste containers which when outdoors shall be stored solely within the solid waste containers described in Subsection (A) above. Such containers shall be leak proof, 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. All such containers shall be compatible with the solid waste contractor's collection equipment. The area surrounding the solid waste containers shall be maintained in a neat and sanitary condition at all times.
C. 
Commercial solid waste shall be stored in solid waste containers as approved by the Director. The containers shall be waterproof, leak proof and shall be covered at all times except when depositing waste therein or removing the contents thereof.
D. 
Yard wastes shall not be stored in or placed for collection in the solid waste containers specified in Subsection (A) above. 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. The weight of any individual bundle shall not exceed seventy-five (75) pounds.
[CC 1987 §400.030; Ord. No. 585 §§3.1 — 3.8, 8-27-1974; Ord. No. 2015-09 §3, 9-28-2015]
A. 
The City shall provide for the collection of all residential and light commercial solid waste except for unacceptable solid waste. The City shall provide for the collection of all commercial solid waste except for unacceptable solid waste generated by commercial solid waste customers participating in the City's solid waste management program.
B. 
All residential and light commercial solid waste placed for collection shall be contained within the approved solid waste containers. Such solid waste containers shall be placed by the customer at curbside, at the alley, or as may alternatively be directed by the Director depending upon the collection route. The solid waste container(s) shall be orientated toward the street appropriately, with adequate clearance allowed between containers and obstructions for efficient collection by the mechanical collection system utilized by the solid waste contractor. Any solid waste containers, tree limbs, yard waste 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. All solid waste containers shall be removed from the curb or alley the same day the waste is collected.
C. 
Tree limbs and yard wastes, as may be described in Section 235.010, shall be placed at the curb or alley for collection.
D. 
Bulky rubbish may be scheduled for collection by request to the Director. Bulky rubbish collection is intended for periodic use by residents and light commercial customers. It is not intended for the collection and disposal of a large amount of demolition and construction waste. Disposal of demolition and construction waste shall be the responsibility of the property owner, tenant, and/or their agents and contractors.
E. 
Solid waste collectors employed by the City or the solid waste contractor 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 buildings for the purpose of collecting residential solid waste.
F. 
The following collection frequencies shall apply to collections of solid waste within the City:
1. 
All residential solid waste, other than bulky rubbish, shall be collected weekly upon a schedule as set by the City.
2. 
Light commercial solid waste shall be collected weekly upon a schedule as set by the City, except such collection shall be made on a daily basis on Monday through Friday.
3. 
All commercial solid waste shall be collected at least once weekly and shall be collected at such more frequent intervals as may be fixed by the Director or requested by the commercial establishment upon a determination that such more frequent intervals are necessary for the preservation of the health and/or safety of the public.
4. 
Bulky rubbish shall be collected at the time specified by the Director after receiving a request for such collection.
5. 
Unacceptable solid waste will not be collected. The solid waste contractor is permitted to refuse to collect the entire bin, container, bag or bundle containing such waste. It shall be unlawful for any person or entity to place unacceptable solid waste in a solid waste container for collection. In the event unacceptable solid waste is discovered following collection, the generator of such solid waste, in addition to the penalty provided herein, shall be responsible for all costs associated with proper disposal of such waste. Such costs shall be added to the next regular monthly bill and shall be due at the time provided in the code for timely payment of such bill.
G. 
Solid waste collectors, employed by the City or the solid waste contractor shall be responsible for the collection of solid waste from the point of collection to the transportation vehicle provided the solid waste was stored and placed for collection in compliance with this Chapter. Any spillage and/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.
[CC 1987 §400.040; Ord. No. 585 §§4.1 — 4.3, 8-27-1974]
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 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.
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 235.050 and 235.060.
[CC 1987 §400.050; Ord. No. 585 §§5.1 — 5.2, 8-27-1974; Ord. No. 2015-09 §2, 9-28-2015]
A. 
Solid waste shall be deposited at a permitted processing facility or permitted disposal area approved by the City and complying with the requirements of all local, State, and Federal laws and regulations governing the same.
B. 
The generator of all hazardous wastes and unacceptable wastes shall be solely responsible for the disposal of such waste. Disposal of such waste is not included in the City's solid waste management program.
[CC 1987 §400.060; Ord. No. 585 §6, 8-27-1974]
A. 
The Director shall make, amend, 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 and transportation of solid waste.
8. 
Collection points of solid waste containers.
9. 
Collection, transportation, processing 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 utility and other service charge 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.
[Ord. No. 739 §1(400.065), 2-28-2000; Ord. No. 2004-10 §1, 11-8-2004; Ord. No. 2007-13 §7, 10-22-2007; Ord. No. 2010-03 §5, 3-8-2010; Ord. No. 2014-10 §§3 — 4, 7-28-2014; Ord. No. 2014-7 §1, 1-27-2014; Ord. No. 2015-09 §5, 9-28-2015]
A. 
Service fees based upon the following schedule shall be charged monthly to the occupant(s) of every dwelling unit and of every institutional, commercial or industrial establishment producing solid waste within the corporate limits of the City.
Residential
$12.00 per dwelling unit
Light Commercial
$27.00 per business or institution
Commercial
$118.00 per month for once weekly 8-yard dumpster plus $110.00 for each additional weekly collection.
$96.00 per month for once weekly 6-yard dumpster plus $90.00 for each additional weekly collection.
$74.00 per month for once weekly 4-yard dumpster plus $70.00 for each additional weekly collection.
$42.00 per month for once weekly 2-yard dumpster plus $40.00 for each additional weekly collection.
B. 
The classification of any dwelling unit or establishment as, (1) residential, (2) light commercial, or (3) commercial shall be made by the Director of the City's waste management program. Such classification shall be made by the Director based solely upon the volume of waste generated as specified in this Chapter.
C. 
The service fee set by this Section for solid waste service shall be increased annually without further action, commencing on January 1, 2016, and January 1 of each year thereafter, by and in the amount of three percent (3%) of the rate established for the preceding year in order to adjust for inflation. The Board of Aldermen shall annually review the increased service fee so charged for solid waste service, making adjustments thereto by ordinance as necessary to ensure that the rates generate adequate revenues to operate the solid waste management program.
D. 
In addition to the fees set forth above, the City shall bill the customer for the cost of any loss or damage to the solid waste container provided by the solid waste contractor resulting from negligent or intentional action of the customer or his or her agents, tenants, employees, and/or family members. All landlords shall be responsible for keeping and maintaining an approved solid waste container at each of their rental properties. In the event a container is damaged or stolen by a vacating tenant, the landlord shall be responsible for the cost of replacement of such container. The City shall bill the landlord for the cost of any replacement container or repairs.
[CC 1987 §400.070; Ord. No. 585 §7, 8-27-1974; Ord. No. 2015-09 §6, 9-28-2015]
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 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 or those of the solid waste contractor.
3. 
Store solid waste or disposable solid waste containers outdoors or place solid waste or disposable solid waste containers at the curb or alley for pickup without them being placed in the solid waste containers authorized by this Chapter.
4. 
Place solid waste or solid waste containers at the curb on a day other than the day scheduled for collection as required in this Chapter.
5. 
Failing to remove empty solid waste containers from the curbside or alleyway as required in this Chapter.
6. 
Placing yard waste, hazardous waste, or any other unacceptable waste in a solid waste container for collection.
7. 
Burn solid waste unless an approved incinerator is provided or unless a permit has been obtained from the Missouri Department of Natural Resources.
8. 
Dispose of solid waste at any facility or location which is not approved by the City and State and Federal regulatory agencies governing the permitting of such facilities or locations.
B. 
Violation of any provision of this Chapter shall constitute an ordinance violation and shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in the County Jail not exceeding ninety (90) days, or by both such fine and imprisonment.
C. 
Every day any violation of this Chapter shall continue shall constitute a separate offense.