Editor's Note — Ord. no. 2000-16 § 1, adopted on August 15, 2000, repealed this entire ch. 11 enacting the new provisions set out herein. Former ch. 11 derived from ord. no. 74-22 §§ 1 — 8, 10, 12-18-1974; ord. no. 75-22 § 1, 1-2-1976; ord. no. 77-16 § 1, 10-4-1977; ord. no. 82-8 SW §§ 2 — 3, 3-2-1982; ord. no. 83-08 §§ 1, 3 — 4, 5-3-1983; ord. no. 84-01 § 1, 1-10-1984; ord. no. 87-0018 § 2, 11-3-1987; ord. no. 88-13 §§ 2, 4, 6-28-1988.
[Ord. No. 2000-16 § 1, 8-15-2000; Ord. No. 2000-16 § 1, 8-15-2000; Ord.
No. 2013-23 § 1, 7-23-2013]
For the purpose 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 responsible local and State air pollution control agencies.
Non-putrescent 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. Waste may include furniture, appliances, building
materials, carpet, remodeling debris, and similar disposable items.
It does not include tires, yard waste, concrete, or other similar
materials.
The City of Lexington, Missouri.
Removal of solid waste from its place of storage to the transportation
vehicle.
Leaves, grass, yard trimmings, tree limbs of less than four
(4) inches in diameter, and other organic yard materials.
Any and all stores, shops, businesses or buildings used exclusively
for retail trade or wholesale trade, sale, display, offices, warehouses,
religious gatherings, rendering of personal, professional or business
service, light manufacturing, assembly or fabrication and any sale
of goods, property, wares or services and any other unit not specifically
described and included in the definition of "residential" below.
The solid waste hauler selected by the City to collect solid
waste and bulky waste for disposal, and recyclables for recycling.
Waste materials from the construction or destruction of residential,
industrial or commercial structures.
The City Administrator as Director of the Solid Waste Management
Program of the City, or his authorized representative approved by
Council in his absence.
A container supplied by the contractor. Such container shall
be a ninety-gallon poly-cart for solid waste disposal and a minimum
thirty-gallon poly-cart for recycling materials.
A refuse depository for the processing or final disposal
of refuse, including, but not limited to, sanitary landfills, transfer
stations, incinerators, and waste processing separation centers licensed,
permitted or approved by all governmental bodies and agencies having
jurisdiction.
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.
Putrescent animal or vegetable waste resulting from the handling,
preparation, cooling, serving or consumption of food and including
food containers.
Waste designated as hazardous by the United States Environmental
Protection Agency or appropriate State agency, including, but not
limited to: pathological wastes, explosive wastes, pesticides, pesticide
containers, toxic or radioactive materials.
A housing facility containing more than four (4) attached
dwelling units 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, 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.
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
Waste materials that can be reused, including, but not limited
to, aluminum and steel cans, newsprint, corrugated cardboard; chipboard
boxes (i.e., cereal boxes, prepared food boxes), plastic containers:
1) PET or PETE: bottle-type containers used for carbonated and non-carbonated
drinks, such as soft drink, liquor, juice, water and sports drink
bottles; 2) PET or PETE: containers with a screw-neck lid for food,
housecleaning products and personal car products, i.e., peanut butter
jars, salad dressing, cooking oil, mouthwash, shampoo, window cleaners
and dishwashing detergent bottles; 3) HDPE: natural or translucent
bottle-type containers, such as milk jugs, juice bottles, water bottles,
etc.; 4) HDPE: mixed colored or opaque bottle-type containers such
as detergent bottles, bleach bottles, fabric softener bottles, shampoo
bottles and dishwashing detergent bottles.
Solid waste.
Any home, house, living or dwelling unit designed to be occupied
by one (1) or more families living independently or attached at the
side or sides, including auto or trailer courts, mobile home parks,
and any other living unit, including multiple-family housing units
with fewer than five (5) dwelling units, such as apartment complexes
or buildings; however, exclusive of campgrounds, hotels, motels, or
other transient overnight business accommodation units.
Unwanted or discarded material, including waste material,
whether solid or in semi-solid state, including, but not limited to,
garbage, ashes, street refuse, rubbish, mechanical tools, utensils
or other metals, or any part of such item described above, of every
kind, shape, material or description and/or any other kind of special
wastes, industrial wastes or demolition wastes, construction wastes,
or other building salvage materials.
Residential solid waste. Any and all solid
waste resulting from the maintenance and operation of dwelling units,
excluding multiple-housing facilities with more than four (4) dwellings
units.
Commercial solid waste. Any and all solid waste
resulting from the operation of any commercial, industrial, institutional
or agricultural establishment and including multiple-housing facilities
with more than four (4) dwelling units. This definition shall include
all stores, shops, businesses or buildings used for retail trade or
wholesale trade, sale, display, offices, warehouses, religious gatherings,
rendering of personal and professional services, light manufacturing,
assembly or fabrication and any sale of goods, property, wares or
services and any other unit not specifically described and included
in the definition of "residential" listed above.
Receptacle used by any person to store solid waste during the interval between solid waste collections; means a container supplied by the contractor. Such container shall be a ninety-gallon poly-cart for solid waste disposal and a minimum thirty-gallon poly-cart for recycling materials and shall comply with all other specifications required under Chapter 11 of the City's Code of Ordinances.
The process of discarding or getting rid of unwanted material,
in particular the final deposition of solid waste by man.
The entire solid waste system of storage, collection, transportation,
processing and disposal.
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.
Grass clippings, leaves, tree trimmings.
[Ord. No. 2000-16 § 1, 8-15-2000; Ord. No. 2013-23 § 1, 7-23-2013]
A.
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.
B.
"Solid waste container" means a container supplied by the contractor.
Such container shall be a ninety-gallon poly-cart for solid waste
disposal and a minimum thirty-gallon poly-cart for recycling materials.
C.
Storage.
1.
Residential solid waste containers shall be stored upon the residential
premises. Commercial solid waste containers shall be stored upon private
property, unless the owner shall have been granted written permission
from the City to use public property for such purposes. The storage
site shall be well-drained; fully accessible to collection equipment,
public health and personnel and fire inspection personnel. The container
must be removed from curb by 11:59 P.M. on the day of collection and
placed in the most inconspicuous location as possible, which may include
side of residence, garage or porch. Other placement may be acceptable
with approval of the Director of the Program.
D.
Solid waste containers which are not approved of will be collected
together with their contents and disposed of.
[Ord. No. 2000-16 § 1, 8-15-2000; Ord. No. 2013-23 § 1, 7-23-2013]
A.
The City shall, at its discretion, contract with a contractor to
provide solid waste collection, removal and disposal of all residential
solid waste as defined in this Chapter.
B.
All solid waste from premises to which collection services are provided
by the contractor shall be collected. All solid waste collected shall,
upon being loaded into transportation equipment, become the property
of the contractor.
C.
Every person requiring residential solid waste collection must notify
City Hall to initiate solid waste collection at his or her address.
Additionally, every residential customer must notify City Hall thirty
(30) days prior to termination date that said collection service is
to be discontinued. In the event services are not needed for a period
of thirty (30) days or more, then the process recited in this Subsection
shall apply.
D.
Solid waste containers as required by this Chapter for the storage
of other residential solid waste shall be placed at the curb or alley
for collection. Any solid waste containers, 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.
Containers may be placed at collection area after 6:00 P.M. preceding
collection day.
E.
Bulky rubbish shall be collected by request to the Director. The
Director shall establish the procedure for collecting bulky rubbish.
F.
The solid waste contractor is hereby authorized to enter upon private
property for the purpose of collecting solid waste therefrom as required
by this Chapter. The contractor shall not enter dwelling units or
other residential buildings for the purpose of collecting residential
solid waste. Commercial solid waste may be removed from within the
commercial establishments upon written request of the owner and approval
by the Director.
G.
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. The City and
the contractor shall provide twice annually City-wide trash pickup
for the purposes of collecting bulky rubbish. All commercial solid
waste shall be collected once weekly and shall be collected at such
lesser intervals as may by 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.
H.
The solid waste contractor, 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 that the solid
waste was stored in compliance with Section 11-2(C) and (D) 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.
[Ord. No. 2000-16 § 1, 8-15-2000; Ord. No. 2013-23 § 1, 7-23-2013]
A.
All vehicles and equipment used in the provision of collection and
removal service shall be maintained in a safe, clean and sanitary
condition, free of excessive noise, odor or emissions. The vehicles
must contain the solid waste so that no material is spilled, leaked
or blown from the vehicle during its transit to the appropriate disposal
site as approved by the City of Lexington. 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.
No advertising other than the name of the contractor shall be permitted
on the vehicles.
B.
Permits shall not be required for the removal, hauling or disposal
of earth and rock material from grading or excavating 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 right-of-way.
[Ord. No. 2000-16 § 1, 8-15-2000; Ord. No. 2013-23 § 1, 7-23-2013]
A.
Solid waste shall be deposited at a processing facility or disposal
area approved by the City and complying with all requirements of the
Missouri Division of Health and 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.
[Ord. No. 2000-16 § 1, 8-15-2000; Ord. No. 2013-23 § 1, 7-23-2013]
A.
No person shall engage in the business of collecting, transporting,
processing or disposing of solid waste within the corporate limits
of the City without first obtaining an annual permit therefor from
the City; provided, however, that this provision shall not be deemed
to apply to employees of the holder of any such permit.
B.
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 Director evidence of satisfactory workers' compensation
insurance, including employer's liability insurance, complying
with State requirements, public liability insurance policy, covering
all operations of such applicant pertaining to such business and all
vehicles operated in the conduct thereof, in the amount of not less
than one million dollars ($1,000,000.00) for each person injured or
killed, and in the amount of not less than two million dollars ($2,000,000.00)
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 one million dollars
($1,000,000.00) for damage to property. Such policy may be written
to allow the first five hundred dollars ($500.00) of liability damage
to property to be deductible. Should any such policy be canceled,
the Director shall be notified of such cancellation by the insurance
carrier in writing not less than thirty (30) 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. A certificate evidencing
insurance coverage in this Subsection shall be provided by the contractor
to the City. The City shall be named as an additional named insured
for all coverage's except the workers' compensation coverage,
and an endorsement of same shall be submitted with said certificate.
C.
Each applicant for any such permit shall state in his application
therefor:
1.
The nature of the permit desired, as to collect, transport, process
or dispose of solid waste or any combination thereof;
2.
The characteristics of solid waste or any combination thereof;
3.
The characteristics of solid waste to be collected, transported,
processed or disposed of;
4.
The number of solid waste transportation vehicles to be operated
thereunder;
5.
The precise location or locations of solid waste processing or disposal
facilities to be used;
6.
Boundaries of the collection area; and
7.
Such other information as required by the Director.
D.
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 Chapter, the Director shall issue the permit authorized by this Chapter. The permit shall be issued for a period of one (1) year, and each applicant shall pay therefor a fee as authorized and set forth in Chapter 13, License and Business Regulations, for each solid waste processing or disposal facility and each transportation vehicle to be used. If, in the opinion of the Director, modifications can be made to the application regarding the service, equipment or mode of operation so as to bring the application within the intent of this Chapter, the Director shall notify the applicant, in writing, setting forth the modification to be made and the time in which it shall be done.
E.
If the applicant does not make the modifications pursuant to the
notice in Subsection (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 application, provided that all aspects of the reapplication
comply with the provision of this Chapter.
F.
The annual permit may be renewed simply upon payment of the fee or
fees as designated herein if the business has not been modified and
upon review by the Director to ascertain that all requirements are
being currently met. If modification has been made, the applicant
shall reapply for a permit as set forth in Subsections (B) and (C)
of this Section. No permits authorized by this Chapter shall be transferable
from person to person or to any other business unit.
G.
In order to ensure compliance with the laws of this State, this Chapter
and the rules and regulations authorized herein, the Director is authorized
to inspect all phases of solid waste management within the City of
Lexington. No inspection shall be made in any residential unit unless
authorized by the occupant or by due process of law. In all instances
where such inspections reveal violation of this Chapter, 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.
H.
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.
I.
All motor vehicles operating under any permit required by this Chapter
shall display the number or numbers on each side in colors which contrast
with that of the vehicle, such numbers to be clearly legible and not
less than three (3) inches high. Each permit for processing or disposal
facilities shall be prominently displayed at the facility.
J.
Each permit shall state the precise authority and type of business
granted by the City.
[Ord. No. 2000-16 § 1, 8-15-2000; Ord. No. 2013-23 § 1, 7-23-2013]
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, sludge, 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. 2000-16 § 1, 8-15-2000; Ord. No. 2013-23 § 1, 7-23-2013]
A.
The City may designate and require the contractor to provide a central
collection site for discarding of recyclables. Such collection shall
be done in compliance with all other applicable ordinances of the
City now or hereafter in effect. Said collection shall be on terms
and conditions set out in the contract between the City and contractor.
B.
The collection of recyclables at curbside by any private hauler not
authorized by the City is expressly prohibited.
C.
Neither the foregoing provisions of this Section nor any other provisions of this Chapter shall prevent any resident from discarding that resident's recyclables by personally delivering them to a recyclables plant, manufacturer or other vendor, but the provisions of Section 11-9 of this Chapter shall be complied with by such resident.
[Ord. No. 2000-16 § 1, 8-15-2000; Ord. No. 2013-23 § 1, 7-23-2013]
Recyclables shall not, in any event, be deposited in any landfill,
be burned in any incinerator or be deposited or distributed in any
way or manner which is contrary to then-applicable law, statute, ordinance,
rule or regulation; provided, however, that the restrictions hereinabove
shall not apply to any recyclables which are deposited in a landfill
or burned pursuant to specific prior written approval granted by the
City. Residents shall take such action as is reasonable under the
circumstances to determine that recyclables are not disposed of contrary
to the provisions of this Section.
[Ord. No. 2000-16 § 1, 8-15-2000; Ord. No. 2013-23 § 1, 7-23-2013]
A.
Trash collection is mandatory for every residential and commercial
property within the City. It shall be unlawful for any person to:
1.
Deposit solid waste in any solid waste container other than his own;
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 a solid waste collection agency operating
under contract with the City;
3.
Residents of the City may burn weeds, grass and other plant life
from gardens and areas being used as gardens and further be allowed
to burn leaves, brush and tree clippings, provided that such burning
shall not endanger the life or property of the community; all burning
must be in compliance with both the City's Fire Prevention Code
and all applicable State laws and regulations, including, but not
limited to, regulations promulgated by the State's Department
of Natural Resources and the State Air Conservation Commission.
4.
Dispose of solid waste at any facility or location which is not approved
by the City and the Missouri Division of Health and State's Department
of Natural Resources;
5.
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;
6.
Fail to participate in the weekly residential or commercial trash
collection provided by contractor;
7.
Combine residential solid waste and commercial solid waste into one
(1) solid waste container.
[Ord. No. 2000-16 § 1, 8-15-2000; Ord. No. 2013-23 § 1, 7-23-2013]
Any person violating any of the provisions of this Chapter,
or any lawful rules or regulations promulgated pursuant thereto, upon
conviction, shall be punished by a fine of not less than twenty-five
dollars ($25.00) nor more than five hundred dollars ($500.00). Each
day in which a violation occurs constitutes a separate violation.
[Ord. No. 2000-16 § 1, 8-15-2000; Ord. No. 2013-23 § 1, 7-23-2013]
Any contractor who shall collect, transport, process or dispose
of solid waste under contract with the City of Lexington shall furnish
the City and maintain during the term of the contract a performance
bond or letter of credit acceptable to City in a penal sum of a minimum
of twenty-five thousand dollars ($25,000.00) with good and sufficient
surety acceptable to the City and conditioned upon the contractor
performing his duties and obligations provided for in his contract.
