[Ord. No. 198 §1, 6-17-1974; Ord. No. 050410A §1, 5-4-2010]
For the purpose of this Chapter the following terms shall be
deemed to have the meaning indicated below:
APPROVED INCINERATOR
An incinerator which complies with all current regulations
of the Missouri Air Conservation Commission.
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
collection vehicles by solid waste collectors, with the equipment
available, therefore.
CITY
The City of Peculiar, Missouri.
COLLECTION
Removal and transportation of solid waste from its place
of storage to its place of processing or disposal.
COORDINATOR
The Coordinator of the Solid Waste Management Program of
the City or their authorized representative.
DIRECTOR
The Director of the Solid Waste Management Program of the
City, or his 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
Including but not limited to: pathological wastes, explosive
wastes, pesticides, pesticide containers, toxic or radioactive materials.
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,
or other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
SOLID WASTE
Unwanted or discarded waste materials in a solid or semi-solid
state, including but not limited to: garbage, ashes, street refuse,
rubbish, dead animals, animal and agricultural wastes, yard wastes,
discarded appliances, special wastes, industrial wastes, and demolition
and construction wastes.
1.
Commercial solid waste: Solid waste resulting
from the operation of any commercial, industrial, institutional or
agricultural establishment, and multiple-housing facilities with more
than four (4) dwelling units.
2.
Residential solid waste: Solid waste resulting
from the maintenance and operation of dwelling units, excluding multiple-housing
facilities with more than four (4) dwelling units.
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 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 wastes from the time
of its production until the time of its collection.
[Ord. No. 198 §2, 6-17-1974; Ord. No. 050410A §1, 5-4-2010]
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, industrial,
agricultural or business establishments 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.
C. Residential
solid waste shall be stored in containers. Containers shall be leak-proof,
water-proof 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 lightweight and sturdy construction.
The weight of any individual container and contents shall not exceed
seventy-five (75) pounds. Galvanized metal containers, rubber or fiberglass
containers, and 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 Coordinator 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 Director. The containers shall be waterproof, leakproof 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
255.060.
E. 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.
F. 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.
G. Solid
waste containers which are not approved will be removed together with
their contents and disposed of.
[Ord. No. 198 §3, 6-17-1974; Ord. No. 050410A §1, 5-4-2010]
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 all residential solid waste in the City, provided
however, that the City may provide the collection services 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. Said requirement (may or shall) not apply for agriculturally-zoned
properties with a City approved solid waste disposal plan approved
by the Coordinator.
2. Other collections. The City may provide commercial and industrial
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.
B. All solid
waste from premises to which collection services are provided by the
City shall be collected, except bulky rubbish as defined herein, provided
however, that bulky rubbish will be collected if tied securely in
bundles not exceeding reasonable limitations of weight and bulk to
be fixed by regulations to be made and promulgated by the Coordinator
as hereinafter provided. All solid waste collected shall, upon being
loaded into collection equipment, become the property of the collection
agency.
C. Tree limbs and yard wastes, as described in Section
255.020(E) and
(F) respectively, shall be placed at the curb or alley for collection. Solid waste containers as required by this Chapter for the storage of other residential solid waste shall be placed at the curb or street not to exceed ten (10) feet 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 street for collection shall not be so placed until the regularly scheduled collection day.
D. Bulky
rubbish shall be collected by request to the Coordinator. The Coordinator
shall establish the procedure for collecting bulky rubbish.
E. 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 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. Commercial solid waste may
be removed from within commercial establishments upon written request
of the owner and approval by the Coordinator.
F. 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. At least six (6) days shall intervene
between collections. All commercial solid waste shall be collected
according to needs and shall be collected at such lesser intervals
as may be fixed by the Coordinator upon a determination that such
lesser intervals are necessary for the preservation of the health
and/or safety of the public.
G. 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 personnel and fire inspection personnel.
H. All collection
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. All vehicles to be used for collection 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
exposed. No solid waste shall be transported in the loading hoppers.
I. 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.
J. Transportation and disposal of demolition and construction wastes shall be in accordance with Sections
255.040 and
255.050.
[Ord. No. 198 §4, 6-17-1974; Ord. No. 050410A §1, 5-4-2010]
A. Solid
wastes shall be disposed of at a processing facility or disposal area
approved by the Department of Natural Resources.
B. The Coordinator
may classify certain wastes as hazardous wastes which will require
special handling and shall be disposed of only in a manner acceptable
to the Coordinator and which will meet all local, State and Federal
regulations.
[Ord. No. 51980D §1, 5-19-1980]
No person shall engage in the business of collecting, transporting,
processing or disposing of solid waste within the corporate limits
of the City, without being under contract to the City of Peculiar
for the purpose of collecting solid waste from the City of Peculiar
pursuant to the Missouri Solid Waste Management Law Sections 260.200
to 260.245, RSMo., Accumulative Supplement 1975 and the Missouri Solid
Waste Management Plan.
[Ord. No. 198 §6, 6-17-1974; Ord.
No. 050410A §1, 5-4-2010]
A. The Coordinator
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
covenants 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 of solid waste.
8. Collection
points of solid waste containers.
9. Collection
and disposal of solid waste.
10. Processing
facilities and fees for the user 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.
[Ord. No. 198 §7, 6-17-1974]
A. It shall
be unlawful for any person to:
1. Deposit
solid waste in any solid waste container other than his 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 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. Burn
solid waste unless an approved incinerator is provided or unless a
variance has been obtained from the appropriate air pollution control
agency;
4. Dispose
of solid waste at any facility or location which is not approved by
the 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.
[Ord. No. 51980D §2, 5-19-1980; Ord. No. 070108A §1, 7-1-2008; Ord.
No. 102108 §1, 10-21-2008]
There is hereby imposed for the collection and disposal of solid
waste separate service charges for residential dwelling units and
commercial establishments to which such service shall be provided
under the provisions of this Chapter. The service charge for the collection
of residential and commercial solid waste shall be approved by the
Board of Aldermen, set forth in the City's annual budget and adjusted
as necessary through budget amendments.