[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]
DIRECTOR
The Director of the solid waste management program of the
City or his/her authorized representative.
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]
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.
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.