Note — As to solid waste collection fees, see Ord. No.
1181-2012 which passed at election on April 3, 2012 and is on file
in the City offices.
[Ord. No. 459-87 §1, 1-19-1987]
For the purposes of this Chapter, the following terms shall
be deemed to have the meanings indicated below:
An incinerator shall be enclosed on all sides and on top
and meet the approval of the Fire Chief or his/her duly appointed
representative.
Solid wastes 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.
The City of Kearney, Missouri.
Removal of solid waste from the designated pickup location
to the transportation vehicle.
Waste materials from the construction or destruction of residential,
industrial or commercial structures.
The Director of the Solid Waste Management Program of the
City shall be the Mayor and Board of Aldermen.
Any room or group of rooms located within a structure and
forming a single habitable unit with facilities which are used, or
intended to be used, for living, sleeping, cooking and eating.
Any waste or combination of wastes which may cause or significantly
contribute to an increase in mortality or an increase in serious illness
or pose a present or potential threat to the health of humans or other
living organisms.
A housing facility containing more than one (1) dwelling
unit 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 owners or as a tenant.
Any individual, partnership, corporation, association, institution,
City, County, other political subdivision, authority, State agency
or institution, or Federal agency or institution.
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
A container used for the purpose of burning any sweepings,
trash, lumber, paper, leaves, straw, hay or any combustible material.
Refuse burner shall have a covering made of wire which will have mesh
of not over one (1) inch.
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 does not include "Yard Waste" as defined herein.
Receptacle used by any person to store solid waste during
the interval between solid waste collections.
The process of discarding or getting rid of unwanted material.
In particular the final disposition 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 collection.
The transporting of solid waste from the place of collection
or processing to a solid waste processing facility or solid waste
disposal area.
Leaves, grass clippings, yard and garden vegetation and Christmas
trees. The term does not include stumps, roots or shrubs with intact
root balls.
[Ord. No. 459-87 §2, 1-19-1987]
A.
The occupant
or owner of every dwelling until 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
or owner of each and 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.
C.
Residential
solid waste shall be stored in containers. Disposable solid waste
containers with suitable frames or containers as approved by the Director
may also be used for storage of residential solid waste.
D.
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.
[Ord. No. 459-87 §3, 1-19-1987]
A.
All solid
waste from premises to which collection services are provided shall
be collected.
B.
Solid
waste containers shall be placed at the curb, alley or the rear of
the building 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 6:00 P.M. of the day before the regularly scheduled collection
day.
C.
Solid
waste collectors 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.
D.
The following
collection frequencies shall apply to collections of solid waste within
the City:
E.
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.
F.
Solid
waste collectors shall be responsible for the collection of solid
waste from the designated pickup location to the transportation vehicle.
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. 459-87 §4, 1-19-1987]
A.
All transportation
vehicles shall be maintained and operated in a safe, clean and sanitary
condition.
B.
Permits
shall not be required for the removal, hauling or disposal of earth
and rock materials 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.
Demolition and construction wastes shall be transported to a disposal area as provided in Section 235.050(A). 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 right-of-way.
[Ord. No. 459-87 §5, 1-19-1987]
A.
Solid
waste shall be deposited at a processing facility or disposal area
complying with all requirements of the Missouri Solid Waste Management
Law, Sections 260.200 to 260.245, RSMo., and the rules and regulations
adopted thereunder.
B.
Hazardous
wastes will require special handling and shall be disposed of only
in a manner authorized by State regulations.
[Ord. No. 459-87 §6, 1-19-1987]
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 occupation license 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
occupation license 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 a satisfactory public liability
insurance policy, covering all operations of such applicant pertaining
to such business and all vehicles to be operated in the conduct thereof,
in the amount of not less than one hundred thousand dollars ($100,000.00)
for each person injured or killed, and in the amount of not less than
three hundred fifty thousand dollars ($350,000.00) 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 fifty thousand dollars ($50,000.00)
for damage to property. Should any such policy be canceled, the Director
shall be notified of such cancellation by the insurance carrier in
writing not less than ten (10) 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.
C.
Each
applicant for any such permit shall state in his/her application therefor:
1.
The
nature of the permit desired as to collect, transport, process or
dispose of solid waste or any combination therefor;
2.
The
characteristics of solid waste to be collected, transported, processed
or disposed;
3.
The
number of solid waste transportation vehicles to be operated thereunder;
4.
The
precise location or locations of solid waste processing or disposal
facilities to be used;
5.
Boundaries
of the collection area; and
6.
Such
other information as required by the Director.
D.
If the
application shows that the applicant will collect, transport, process
or dispose of solid waste 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 may issue the permit authorized
by this Chapter. The Director shall have the authority to limit the
number of annual permits issued under this Section in order to preserve
the health, comfort, safety and welfare of the residents, to promote
energy conservation, and to provide for collection and disposal consistent
with good solid waste management practices. The permit shall be issued
for a period of one (1) year, and each applicant shall pay therefor
a fee of ten dollars ($10.00).
E.
The occupation
license may be renewed upon payment of the fee as designed herein
if the business has not been modified and is approved by the Director.
[Ord. No. 459-87 §8, 1-19-1987]
A.
It shall
be unlawful for any person to:
1.
Fail
to have solid waste collected as provided in this Chapter;
2.
Burn
solid waste unless an approved incinerator is provided or unless a
variance has been obtained from the appropriate air pollution control
agency;
3.
Dispose
of solid waste at any facility or location which is not approved by
the Missouri Department of Natural Resources;
4.
Engage
in the business of collecting, transporting, processing or disposing
of solid waste within the corporate limits of the City without an
occupation license from the City or operate under an expired occupation
license;
5.
Violate
any Section of this Chapter.
[Ord. No. 459-87 §9, 1-19-1987]
Any person violating any of the provisions of this Chapter,
upon conviction, shall be punished by a fine of not less than five
dollars ($5.00) nor more than five hundred dollars ($500.00); provided
that each day's violation thereof shall be a separate ordinance violation
for the purpose hereof.
