[Ord. No. 383 §3, 2-27-1989]
Solid waste collectors, employed by the City or a solid waste
collection agency operating under contract with the City, shall be
responsible for the collection of solid waste from the designated
pickup location to the transportation vehicle provided the solid waste
was stored in compliance with the provisions set forth in 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. 383 §4, 2-27-1989]
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 alternative,
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. Demolition and construction wastes shall be transported to a disposal area as provided in Section
235.150 (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 rights of way.
[Ord. No. 383 §5, 2-27-1989]
A. Solid wastes shall be deposited at a processing facility or disposal area approved by the City and 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. The City may designate the processing or disposal facility to be utilized by persons operating under Section
235.160 of this Chapter.
B. Hazardous
wastes under provisions will require special handling and shall be
disposed of only in a manner authorized by State regulations.
[Ord. No. 383 §6, 2-27-1989]
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 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 thousand dollars ($300,000.00) 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) of
liability for damage to property. Such policy may be written to allow
the first one thousand dollars ($1,000.00) of liability for damage
to property to be deductible. Should any such policy be cancelled,
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 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 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 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 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 twenty-five dollars ($25.00) for each
solid waste processing or disposal facility to be operated and a fee
of two dollars ($2.00) for each transportation vehicle to be used.
If modifications can be made to the application regarding 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) hereof 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 provisions of this Chapter. Nothing in this Section shall prevent the denial of a permit should the total number of annual permits have already been issued.
F. The annual permit may be renewed upon payment of the fee or fees as designed herein if the business has not been modified, the collection vehicles meet the requirements of Section
235.140 of this Chapter, and the renewal is approved by the Director. If modifications have been made, the applicant shall reapply for a permit as set forth in Subsections
(B) and
(C). No permits authorized by this Chapter shall be transferrable from person to person.
G. In
order to insure 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
Herculaneum. 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 a 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
any 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. In
the event a permit is revoked and the person continues to operate,
the Director may request the action of a court of law to enjoin the
acts and to enforce compliance with this Chapter or any rule or regulation
promulgated thereunder. In any such action, the court may grant to
the City such prohibitory or mandatory injunctive relief as the facts
may warrant.
J. Any
person who feels aggrieved by any notice of violation or order issued
pursuant thereto of the Director may, within fifteen (15) days of
the act for which redress is sought appeal directly to the Circuit
Court of Jefferson County in writing, seeking a determination of the
administrative action taken, of the applicable Statutes made and provided,
setting forth a concise statement, the act being appealed and the
grounds for its reversal.
K. 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 four (4) inches high. Each permit for processing or disposal
facilities shall be prominently displayed at the facility.
[Ord. No. 383 §7, 2-27-1989]
A. The
Director shall make, amend, revoke, and enforce reasonable 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 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. 383 §8, 2-27-1989]
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. Fail to have solid waste collected as provided in this Chapter;
3. 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;
4. Burn solid waste unless an approved incinerator is provided or unless
a variance has been obtained from the appropriate air pollution control
agency;
5. Dispose of solid waste at any facility or location which is not approved
by the City and the Missouri Department of Natural Resources;
6. 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;
7. Violate any Section of this Chapter or any other rule or regulation promulgated under the authority of Section
235.170.
[Ord. No. 383 §11, 2-27-1989]
The City may at its option, require a performance bond from
the transporter of solid waste and/or the operator of processor of
disposal facilities, not to exceed fifty thousand dollars ($50,000.00),
said bond being executed by a reputable insurance company, all to
be approved by the City Clerk of the City of Herculaneum, and conditioned
upon the applicant's observing and performing the requirements of
this Chapter.