City of Breckenridge Hills, MO
St. Louis County
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Table of Contents
Table of Contents

Section 230.010 Definitions.

[CC 1996 §220.010; CC 1981 §245.010; Ord. No. 384 §2, 9-2-1975; Ord. No. 989 §1, 8-16-1999]
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 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 therefor.
CITY
The City of Breckenridge Hills, Missouri.
COLLECTION
Removal and transportation of solid waste from its place of storage to its place of processing or disposal.
CONTAINER
A container as required herein shall be not more than thirty-two (32) gallons capacity or totes rented from trash company and of water-tight construction with tapered sides, a tight fitting lid and handles sufficiently strong to empty conveniently. A container shall weigh, with contents, not more than fifty (50) pounds and shall be maintained in good sanitary condition. Disposable plastic bags one and eight-tenths (1.8) mil or as approved by the Health Commissioner may be used. Dumpsters or other large trash receptacles as approved by the Health Commissioner may be used by commercial, business, institutional or industrial occupants.
DEMOLITION AND CONSTRUCTION WASTE
Waste materials from the construction and demolition of residential, industrial or commercial structures, but shall not include materials defined as clean fill under Section 260.200, RSMo.
DIRECTOR
The Director of the Solid Waste Management Program of the City is to be the City Health Commissioner.
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 WASTES
Any waste or combination of wastes, as determined by the Commission by rules and regulations, which, because of its quantity, concentration or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness, or pose a present or potential threat to the health of humans or the environment.
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 improved real property, either as owner or as a tenant. With regard to dwelling units, the term shall be limited to residents who are inhabiting the property.
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 quantity is reduced.
REFUSE
Solid waste.
SERVICE CHARGE
The residential user fee which may be established by the City from time to time for the collection of solid waste and yard waste.
SOLID WASTE
Garbage, refuse and other discarded materials including, but not limited to, solid and semisolid 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 CONTAINER
Receptacle used by any person to store solid waste during the interval between solid waste collections.
SOLID WASTE DISPOSAL AREA
Any area used for the disposal of solid waste from more than one (1) residential premises, or one (1) or more commercial, industrial, manufacturing, recreational or governmental operations.
SOLID WASTE MANAGEMENT SYSTEM
A solid waste disposal area which also includes one (1) or more of the functions contained in the definitions of recycling, resource recovery facility, waste tire collection center, waste tire processing facility, waste tire site or solid waste processing facility, excluding incineration.
STORAGE
Keeping, maintaining or storing solid waste from the time of its production until the time of its collection.
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.

Section 230.020 Purpose and Scope.

[CC 1996 §220.020; CC 1981 §245.020; Ord. No. 384 §1, 9-2-1975; Ord. No. 989 §2, 8-16-1999]
A. 
The purpose and scope of this Chapter is to provide for the regulation, control and collection of solid waste, yard waste and bulky rubbish for the general welfare, health and safety of the residents of the City of Breckenridge Hills, Missouri.
B. 
It is the intent of the City Council at this time to provide free collection services (of solid waste, yard waste and bulky rubbish) to all residents of the City as provided herein, excluding those residing in multiple-housing facilities and excluding further any business or commercial operation. The City Council nonetheless acknowledges its authority to impose a reasonable service charge for such collection if circumstances so dictate.
C. 
In the event the City Council establishes a service charge, a non-occupant owner and any occupant should, between themselves, arrange and agree who should pay for this service charge. Both shall be held individually and collectively obligated therefore and both shall be subject to all the provisions of this Chapter in all respects. If the amount exceeds the City's trash limits, a rented dumpster or other means of removal must be obtained at the expense of the non-occupant owner.

Section 230.030 Solid Waste Storage.

[CC 1996 §220.030; Ord. No. 989 §3, 8-16-1999]
A. 
The owner or occupant of every dwelling unit and of every multiple-housing facility, duplexes institutional, commercial, business, industrial or agricultural establishment producing solid waste within the City shall provide sufficient and adequate containers for the storage of all solid waste, except bulky rubbish, to serve each such dwelling unit and/or establishment and shall maintain such solid waste containers at all times in good repair. Plastic bags cannot be used as storage containers.
B. 
The occupant of every dwelling unit and of every multiple-housing facility, institutional, commercial, industrial, agricultural or business establishment shall place all solid waste to be collected in proper waste containers except as otherwise provided herein and shall maintain such waste containers and the area surrounding them in a clean, neat and sanitary condition at all times.
C. 
Solid wasted collected from dwelling units, excluding multiple-housing facilities, shall be stored in containers of not more than thirty-two (32) gallons in nominal capacity. Such containers shall be leakproofed, 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. 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 fifty (50) pounds. Galvanized metal containers, rubber or fiberglass containers and plastic containers which do not become brittle in cold weather may be used, disposable plastic bags, one and eight-tenths (1.8) mil as approved by the Health Commissioner, may also be used.
D. 
Solid waste collected from multiple-housing facilities, institutional, commercial, business, industrial or agricultural establishments shall be stored in solid waste containers as approved by the Health Commissioner. The containers shall be waterproof, leakproof and shall be covered at all times except when depositing waste therein or removing the contents thereof.
E. 
Yard waste shall be stored in containers, including disposable paper bags as approved by Health Commissioner, so constructed and maintained as to prevent the dispersal of waste 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 fifty (50) pounds. Three (3) 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 twelve (12) inches in diameter when not placed in storage containers. The weight of any individual bundle shall not exceed fifty (50) pounds.
F. 
Residential waste containers shall be stored upon the resident's premises. Commercial waste containers shall not be stored upon public property unless the owner shall have been granted written permission from the City to use public property for such purpose. The storage site of commercial containers shall be well-drained, fully accessible to collection equipment, public safety personnel and fire inspection personnel. Dumpsters have to be enclosed by a six (6) foot sight-proof enclosure.
G. 
Any waste storage containers which are not approved will be collected together with their contents and disposed of by the collection agency.

Section 230.040 Collection of Waste.

[CC 1996 §220.040; CC 1981 §245.040; Ord. No. 384 §4, 9-2-1975; Ord. No. 767 §1, 2-21-1990; Ord. No. 872 §1, 6-21-1993; Ord. No. 989 §4, 8-16-1999; Ord. No. 1011 §1, 11-20-2000]
A. 
The owner or occupant of every multiple-housing facility, institutional, commercial, business, industrial or agricultural establishment producing any kind of waste within the City shall provide for the collection of such waste pursuant to the regulations included in this Section. The City shall provide for the collection of all solid waste, yard waste, rubbish, as provided herein, for the occupants of dwelling units only, excluding multiple-housing facilities. The City may provide the collection service by contracting with a person or government entity or combination thereof for the entire City or portions thereof as deemed by the City Council to be in the best interest of the City.
B. 
All solid waste shall be deposited in containers, except as otherwise provided herein, before collection. Said containers shall be placed as to be readily accessible for removing and emptying the waste by the collection agency and where they will not be a public nuisance or in any degree offensive. Items of solid waste exclusive of garbage, which are too large to fit into approved containers and which are not detrimental to the health and are not subject to foul or offensive odors may be placed by the owner or occupant on the curb for collection.
C. 
Bulky items may be set out at the curb after 4:00 P.M. on the evening before your regular trash days. All bulky items that will not fit in the containers must be securely tied in bundles and placed neatly at the curb. No rubbish with a foul or offensive odor may be placed out at the curb unless placed in a tight container with a secure lid.
Exclusions. Automotive parts, including tires, large tree trunks and limbs, construction debris and all building materials.
D. 
All appliances, hot water heaters, washers, dryers, stoves, refrigerators and air conditioners are the responsibility of the homeowner or person in control of the property. If they want the City's trash hauler to remove the item, the responsible person must make arrangements in advance. When they have a date for the removal, then it may be placed out at the curb after 4:00 P.M. the evening before the appointment.
E. 
Yard waste shall be placed at the curb for collection in approved containers or in bundles as provided in Section 230.030(E). Thorn bushes and vines shall be bundled separately from other types of yard waste.
F. 
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 therefrom. 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 alternate, the entire bodies thereof shall be enclosed with only loading hoppers exposed. No solid waste shall be transported in the loading hoppers.
G. 
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 right-of-way.
H. 
No owner or occupant of any dwelling unit, multiple-housing facility, institutional, commercial, business, industrial or agricultural establishment shall place or allow to be placed for collection by the City any kind of waste not authorized for collection pursuant to this Chapter. However, in such event the City may collect the unauthorized waste and bill the responsible owner or occupant a reasonable fee for such service. Failure to pay such charge shall be in violation of this Chapter and the City Treasurer may record a special lien against the premises served for the recovery of such charge plus reasonable administrative, legal and recording costs in the manner established in Section 230.090(B).
I. 
Miscellaneous Regulations.
1. 
Any owner or occupant shall not place or allow any waste or storage container in front of the premises prior to 4:00 P.M. on the day preceding collection and shall remove such storage container or any waste not collected by 10:00 P.M. on the day of collection.
2. 
It shall be unlawful for any person or persons, other than a duly authorized collection agency, to tamper with, overturn, remove or destroy any waste container mentioned herein.
3. 
Failure to have and maintain containers as required herein shall be prima facie evidence of a violation of this Chapter.
4. 
Waste collectors employed or operating under contract with the City are hereby authorized to enter upon private property for the purpose of collection. Waste collectors shall not enter dwelling units or other residential buildings for the purpose of collection.
5. 
With regard to solid waste collection, no owner or occupant shall place for collection more than six (6) such containers on the street for any one (1) collection. With regard to yard waste and bulky rubbish, no owner or occupant shall place for collection more than six (6) such storage containers or bundles on the street for any one (1) collection.
6. 
Solid waste shall not be collected within the City on Sunday, or before 8:00 A.M. or after 7:00 P.M. on Saturday, or before 6:00 A.M. or after 7:00 P.M. on any other day of the week.
7. 
Any regulations promulgated by the Health Commissioner pursuant to authority granted by this Chapter shall have the full force and effect of law and may be enforced in the same manner as any ordinance of the City.

Section 230.045 Residential Waste Collection Services Contract. [1]

[1]
Editor’s Note: The current contract for residential waste collection services is on file in the City offices.

Section 230.050 Disposal of Solid Waste.

[CC 1996 §220.050; CC 1981 §245.050; Ord. No. 384 §5, 9-2-1975]
A. 
Solid wastes shall be disposed of at a processing facility or disposal area approved by the City and complying with all requirements of the Department of Natural Resources.
B. 
The Health Commissioner may classify certain wastes as hazardous wastes which will require special handling and shall be disposed of only in a manner acceptable to the Health Commissioner and which will meet all local, State and Federal regulations.

Section 230.060 Contracts and Compliance.

[CC 1996 §220.060; CC 1981 §245.060; Ord. No. 384 §6, 9-2-1975]
A. 
No person shall engage in the business of collecting, transporting, processing or disposing of residential solid waste within the corporate limits of the City except the collection agency or contractor who has been hired by the City. The City Council may, for the benefit of the public health, contract with a suitable person for the exclusive right to collect and dispose of the solid waste from the residential dwelling units in the City or any part thereof.
B. 
No such contract shall be entered into until and unless the collection agency, in addition to all other requirements set forth, shall file and maintain with the City Clerk evidence of a satisfactory public liability insurance policy, covering all operations of such collection agency pertaining to such business and all vehicles to be operated in the conduct thereof, in the amount of not less than three hundred thousand dollars ($300,000.00) for each person injured or killed and in the amount of not less than five hundred thousand dollars ($500,000.00) 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 hundred thousand dollars ($100,000.00) for damage to property. The collection agency shall also furnish a performance bond for the benefit of the City in the amount of fifty thousand dollars ($50,000.00) with the City Clerk. Should any such policy be canceled, the City Clerk 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. 
In order to insure compliance with the laws of this State, this Chapter and the rules and regulations authorized herein, the Health Commissioner is authorized to inspect all phases of solid waste management within the City. 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 Health Commissioner shall issue a notice for each such violation stating therein the violations found, the time and date and the corrective measure to be taken, together with the time in which such corrections shall be made.
D. 
In all cases, when the corrective measures have not been taken within the time specified, the Health Commissioner 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, an extension of time may be granted.
E. 
Any person who feels aggrieved by any notice of violation or order issued pursuant thereto of the Health Commissioner within thirty (30) days of the act for which redress is sought may appeal directly to the Circuit Court of St. Louis County, in writing, setting forth in a concise statement the act being appealed and the grounds for its reversal.

Section 230.070 Rules and Regulations.

[CC 1996 §220.070; CC 1981 §245.070; Ord. No. 384 §7, 9-2-1975]
A. 
The Health Commissioner shall enforce and with the approval of the City Council amend and revoke reasonable and necessary rules and regulations governing, but not limited to:
1. 
Preparations, 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 of solid waste.
8. 
Collection points of solid waste containers.
9. 
Collection 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 Treasurer and City Clerk are 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. 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.

Section 230.080 Prohibited Practices.

[CC 1996 §220.080; CC 1981 §245.080; Ord. No. 384 §8, 9-2-1975; Ord. No. 989 §5, 8-16-1999]
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 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 City and the Department of Natural Resources.
5. 
Engage in collecting, transporting, processing or disposing of solid waste to spill or litter upon the public ways or private property any solid waste without subsequently and immediately removing same and restoring the affected area to its original condition.
6. 
Engage in business of collecting, transporting, processing or disposing of solid waste within the corporate limits of the City without a contract with or authorization from the City or operate after such authorization has been suspended or revoked or such contract has expired.
7. 
Deposit or bury solid waste within the City without the prior written permission of the Health Commissioner.
8. 
Throw or deposit or cause to be thrown or deposited any bulky rubbish, refuse, solid waste and demolition and construction waste in or upon any vacant lot or in any yard or in or upon any street, gutter, park or other public place in the City or to deposit, place or keep same except in the manner prescribed in this Chapter.
9. 
Place any can, container or receptacle for receiving solid waste, refuse or yard waste in any street, sidewalk, footpath or any public place whatsoever except in accordance with the provisions of this Chapter and in accordance with the rules and regulations established pursuant to this Chapter.
10. 
Knowingly place a used lead-acid battery in a solid waste disposal area, discard or otherwise dispose of a lead-acid battery.
11. 
Dispose of any major appliances, waste oil or yard waste in any waste disposal area.
12. 
Transport solid waste, yard waste, bulky rubbish or any other type of waste from outside of the City for collection within the City.
13. 
Violate any provision of this Chapter.

Section 230.090 Penalties.

[CC 1996 §220.100; CC 1981 §245.100; Ord. No. 384 §10, 9-2-1975]
A. 
Any person violating any of the provisions of this Chapter or any lawful rules or regulations promulgated pursuant thereto (or failing to pay the service charges, penalty and interest) upon conviction shall be punished as set out in Section 100.090 of this Code.
B. 
In addition to any other action that may be taken against a person for non-payment of the service charge, there shall be a lien upon the real property where service has been provided for the collection of trash and garbage when such service charges are not paid. Whenever any service charges are not paid, the City Treasurer shall certify such amount thereof due and owing and a description of the property and record same in the special lien book and at the same time a copy of the special lien shall be forwarded to the owner and occupant of the said property and a copy may be sent to all other persons having an interest in the said property.

Section 230.100 Retired and Disabled Persons, Etc. — Excluded and Exempt From Payment.

[CC 1996 §220.110; CC 1981 §245.110; Ord. No. 391 §1, 12-15-1975]
All persons who have reached the age of retirement under the national Social Security Act and who are receiving benefits thereunder or who are totally disabled within the meaning of the national Social Security Act and who are receiving benefits under the national Social Security Act or who are receiving an annuity or pension pursuant to the provisions of the Railroad Retirement Act and have no member of their household who has attained the age of nineteen (19) years and who is gainfully employed or capable of gainful employment, are excluded and exempted from the payment of the service charge referred to in Section 230.090 hereof. The City Clerk or his/her assistant shall require such proof from such persons, including, but not limited to, affidavits and/or medical reports, as to his/her satisfaction is sufficient to meet the requirements herein.

Section 230.110 Adoption of County Solid Waste Management Plan.

[Ord. No. 940 §§1 — 3, 11-20-1995]
A. 
The City of Breckenridge Hills, St. Louis County, Missouri, does hereby adopt the district solid waste management plan.
B. 
The City of Breckenridge Hills does also agree to undertake within twelve (12) months of adoption, at a minimum, the following actions to implement the solid waste management plan:
1. 
Ensure that recycling collection opportunities are available for residents.
2. 
Ensure that yard waste collection opportunities are available for residents.
3. 
Undertake an in-house waste reduction and recycling audit.
4. 
Provide ongoing waste reduction and recycling education and public participation.
5. 
Provide an annual solid waste management report to the district by March first (1st) of the following year.
6. 
Provide the district with two (2) copies of all solid waste ordinances and contracts in effect and two (2) copies of all future ordinances and contracts adopted.
C. 
There will be designated a Solid Waste Coordinator for the City of Breckenridge Hills and will act as the official liaison between the City of Breckenridge Hills and the St. Louis-Jefferson Solid Waste Management District.

Section 230.115 Agreement for Waste Collection Required.

[Ord. No. 1201 §1, 2-24-2014]
If service is reasonably available for premises where waste is generated, an agreement shall be in effect for the collection of waste generated on the premises with a waste collection service having waste collection vehicles licensed by the City for the collection, transportation and disposal of waste. It shall be the responsibility of the property owner and/or the person generating the waste to assure that an agreement for the collection of waste is in effect; provided, however, that if the City grants an exclusive license agreement to a waste collection service provider, then the property owner and/or the person generating the waste from one-family, two-family and multifamily dwellings shall be obligated to accept and pay for the services provided in accordance with the exclusive license agreement and may not accept the services of any other waste collection service provider nor may any owner and/or person refuse to accept and pay for the services provided in accordance with the exclusive license agreement. Any person violating any of the provisions of this Section shall be subject to punishment as provided for in Section 100.090 of the Breckenridge Hills City Code.