[Ord. No. 318 §1, 7-30-1998]
For the purposes of this Chapter, the following terms shall
be deemed to have the meanings indicated below:
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
transportation vehicles by solid waste collectors with the equipment
available therefor.
Removal of solid waste from its place of storage to the transportation
vehicle.
All solid waste generated from a source other than a dwelling
unit.
Such person, firm or corporation as may be contracted with
to provide solid waste transportation and disposal for the Village.
A location adjacent to and not more than five (5) feet from
any street.
All waste materials from the construction or destruction
of residential, industrial or commercial structures or improvements
upon real estate.
Disposable plastic or paper sacks with a capacity of twenty
(20) to thirty-nine (39) gallons or, if specifically designated for
storage of solid waste, a maximum of fifty-five (55) gallons.
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.
Units of multiple-housing facilities may be billed as dwelling units
upon request by the owner of said dwelling units.
Putrescible animal or vegetable wastes resulting from the
handling, preparation, cooking, serving or consumption of food.
Any waste or combination of wastes, as determined by the
Hazardous Waste Management 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.
Clothes washers and dryers, water heaters, trash compactors,
dishwashers, conventional ovens, ranges, stoves, wood stoves, air-conditioners,
refrigerators and freezers.
Any 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 owner or as a tenant.
Any natural individual, firm, partnership, trust, association
or corporation. As applied to partnerships or associations, the word
includes the partners or members thereof; and as applied to corporations,
it includes the officers, agents or employees thereof who are responsible
for the act referred to.
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
Items which are eliminated by State law from being disposed
of in a solid waste disposal area including, but not limited to, major
appliances, waste oil, lead acid batteries, waste tires and the like
as the same may be now or hereafter defined by State law.
All solid waste.
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.
Solid waste resulting from the maintenance and operation
of dwelling units.
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.
"Commercial solid waste" shall be all solid
waste resulting rom the operation of any commercial industrial, institutional
or agricultural establishment and multiple-housing facilities with
more than four (4) dwelling units.
"Residential solid waste" shall be solid waste
resulting form the maintenance and operation of dwelling units excluding
multiple-housing facilities with more than four (4) dwelling units.
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 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.
The Village of Country Club, Missouri.
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. 318 §2, 7-30-1998; Ord.
No. 324 §§C — D, 2-9-1999]
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 Village 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,
business, industrial or agricultural establishment shall place all
solid waste to be collected in proper solid waste containers and shall
maintain such solid waste containers and the area surrounding them
in a clean, neat and sanitary condition at all times. Accumulation
of waste in suitable containers shall not be stored upon any site
in the Village for a period longer than ten (10) days.
C.
Tree
limbs less than four (4) inches in diameter and brush shall be securely
tied in bundles not larger than twenty-four (24) inches long and eighteen
(18) inches in diameter when not placed in storage containers. The
weight of any individual bundle shall not exceed sixty (60) pounds.
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.
The weight of any individual container and contents shall not exceed
sixty (60) pounds.
[Ord. No. 278, 2-8-1994]
A.
Definition. The term "trash dumpster" shall
mean and include any commercial container provided to a business or
residence designed to receive litter and to prevent the escape of
litter deposited therein, which is of such size or capacity exceeding
three (3) feet wide by three (3) feet tall.
B.
Enclosure. Every owner or occupant or lessee of a house
or building used for residence, business or commercial purpose shall
maintain litter collection and storage areas in a clean condition
and insure that all litter is properly containerized. In addition,
every owner, occupant or lessee utilizing a trash dumpster shall cause
said dumpster to be properly enclosed in a structure which will not
allow said dumpster to be visible from any public place or private
premises.
A.
The
Village shall provide for the collection of solid waste as follows:
1.
Collection of residential solid waste. The Village
shall provide for the collection of residential solid waste in the
Village, provided however, that the Village may provide the collection
service by contracting with a person, County, City or other Village
or a combination thereof for the entire Village or portions thereof
as deemed to be in the best interests of the Village.
2.
Other collections. The Village may, at its discretion,
provide commercial 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 in a manner approved by Village. If
and when the Village does provide commercial collection service, the
provisions herein concerning such service shall apply.
B.
All
solid waste from premises to which collection services are provided
under contract with the Village shall become the property of the collection
agency upon being loaded into the transportation equipment.
C.
Solid
waste containers as required by this Chapter for the storage of residential
solid waste shall be placed at curbside for collection but shall not
be so placed until after 6:00 P.M. on the day next preceding the regularly
scheduled collection day. Containers shall be removed from curbside
no later than 8:00 P.M. on the day of collection. No alley service
shall be allowed under the terms of this Chapter, except as approved
by the Board of Trustees.
D.
Individuals
desiring the collection of bulky rubbish shall deal directly with
those licensed by the Village for the collection of the same.
E.
Solid
waste collectors, employed by the Village or a solid waste collection
agency operating under contract with the Village, 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.
F.
It
shall be the responsibility of the occupants of each dwelling unit
to prepare, package and deliver solid waste to curbside for collection
as prescribed in this Chapter and as it may be amended from time to
time.
G.
It
shall be the responsibility of each commercial, industrial, institutional
or other non-residential generator of solid waste to prepare, package
and store solid waste so generated as prescribed by this Chapter and
as it may be amended from time to time.
H.
It
shall be the responsibility of every solid waste collector to abide
by this Chapter and receive and transport solid waste in a manner
consistent with the provisions of this Chapter.
I.
The
following collection frequencies shall apply to collections of solid
waste within the Village: All residential solid waste, other than
bulky rubbish, shall be collected at least once weekly. All commercial
solid waste shall be collected once weekly and shall be collected
at such lesser intervals as may be fixed by the Board upon a determination
that such lesser intervals are necessary for the preservation of the
health and/or safety of the public.
J.
Residential solid waste containers shall be stored upon the residential premises. Except as provided in Subsection (C) hereof, all solid waste containers stored out-of-doors shall be stored behind any building located on the tract of land. Commercial solid waste containers shall remain in the location from which they are to be serviced except while being serviced.
K.
All
solid waste collectors operating under contract with the Village or
otherwise collecting solid waste within the Village limits shall be
responsible for the collected solid waste from the point of collection
to the point of disposal, provided the solid waste was stored in compliance
with the applicable Sections 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.
L.
It
shall be unlawful for any person, firm or corporation collecting and
disposing of rubbish, garbage or waste material from premises in the
residential districts or premises in any commercial district which
abuts or adjoins a residential district in the Village to make such
collection or dispose of rubbish, garbage or waste materials between
the hours of 9:00 P.M. and 7:00 A.M.
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. Provided however, other vehicles may be used to transport
bulky rubbish which because of its size or weight is not susceptible
to being loaded or unloaded in vehicles described above, but in no
event shall such vehicles be operated without adequate cover or binding
to prevent spillage or waste therefrom and in accordance with the
rules and regulations made by the Board.
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.
A.
Solid
wastes shall be deposited at a processing facility or disposal area
approved by the Village and complying with all requirements of the
Missouri Solid Waste Management Law, Sections 260.200 to 260.255,
RSMo., and the rules and regulations adopted thereunder. The Village
may designate the processing or disposal facility to be utilized by
persons holding permits under this Chapter. It shall be unlawful for
any person to dispose of solid waste at any facility or location which
is not approved by the Missouri Department of Natural Resources.
B.
The
Board may classify certain wastes as hazardous wastes which will require
special handling and shall be disposed of only in a manner acceptable
to the Board which will meet all local, State and Federal regulations.
[Ord. No. 318 §2, 7-30-1998; Ord.
No. 324 §§C — D, 2-9-1999]
A.
No
person, including any person contracting with the Village for the
collection of solid waste, shall engage in the business of collecting,
transporting, processing or disposing of solid waste within the corporate
limits of the Village without first obtaining an annual permit therefor
from the Village; provided however, that this provision shall not
be deemed to apply to employees of the holder of any such permit.
Permits shall be approved by the Village Clerk.
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 Village 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
an amount of not less than fifty thousand dollars ($50,000.00) for
damage to property. Such policy may be written to allow the first
(1st) one thousand dollars ($1,000.00) of liability for damage to
property to be deductible. Should any such policy be canceled, the
Village 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. Any subcontractor shall provide insurance coverage
in like amount as is required of the contractor.
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 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;
6.
If for processing or disposal, a copy of a permit issued by the State
of Missouri;
7.
The plan by the applicant for the collection and processing of recyclables
and the location where the recyclables will be processed;
8.
Applicant's agreement to provide verification of the processing of
recyclables upon request by the Village; and
9.
Such other information as required by the Village.
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 is in conformity with the laws of
the State of Missouri and this Chapter and is approved by the Village,
the Village Clerk shall issue the permit authorized by the ordinance.
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 fifteen dollars ($15.00) for each transportation vehicle
to be used. If, in the opinion of the Village Clerk, modifications
can be made to any unacceptable application regarding service, equipment
or mode of operation so as to bring the application within the intent
of this Chapter, the Village Clerk shall notify the applicant in writing
setting forth the modification to be made. Permits issued under this
Section shall expire on December 31.
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 not create a public health hazard or be without harmful effects on the environment, the application shall be denied and the applicant notified by the Village Clerk, 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/her application, provided that all aspects of the reapplication comply with the provisions 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. If modifications have been made, the applicant shall reapply for a permit as set forth in Subsections (B) and (C). No permits authorized by the ordinance shall be transferable from person to person.
G.
In
order to ensure compliance with the laws of this State, this Chapter
and the rules and regulations authorized herein, the Village Clerk
is authorized to inspect all phases of solid waste management within
the Village of Country Club. No inspection shall be made of any residential
waste unit unless authorized by the occupant or by due process of
law. In all instances where such inspections reveal violation of this
Chapter concerning processing or disposal of solid waste or the laws
of the State of Missouri, the Village shall issue notice for 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 Village 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 not a public
health hazard created by the delay, one (1) extension of time not
to exceed the original time period may be given.
I.
Any
person who feels aggrieved by any notice of violation or order issued
pursuant thereto of the Village Clerk may within thirty (30) days
of the act for which redress is sought appeal directly to the Circuit
Court of Andrew County, in writing, setting forth in a concise statement
the act being appealed and the grounds for its reversal.
A.
The
Board may 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, sludges, ashes,
agriculture, construction, bulky items, tires, automobiles, oils,
greases, etc.
B.
The
Village Clerk or such other Village Official who is responsible for
preparing utility or other service charge billings for the Village
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, subject to the approval of the Board.
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 Village Clerk
of the Village.
[Ord. No. 318 §6, 7-30-1998]
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 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 Village, those of a solid waste collection agency
operating under contract with the Village, or any duly licensed collector.
3.
Dispose of solid waste at any facility or location which is not approved
by the Village and the Missouri Division of Health.
4.
Engage in the business of collecting, transporting, processing or
disposing of solid waste within the corporate limits of the Village
without a permit from the Village, or operate under an expired permit,
or operate after a permit has been suspended or revoked.
5.
Burn solid waste unless an approved incinerator is provided.
6.
Fail to otherwise comply with the provision of this Chapter.
The Board may require performance or payment bonds of any solid
waste collection agency prior to issuing permits to so operate.
A.
There
is hereby imposed for the collection and disposal of solid wastes
and for the improvement of the general public and environment a service
charge for each dwelling unit to which such service shall be provided
under the provisions of this Chapter. Said service charge shall be
that charge provided for in the current waste hauler contract.
B.
The
system of services established by the provisions of this Chapter hereof
is designated as an integral part of the Village's program of health,
sanitation and general welfare to be operated as an adjunct to the
Village's system for providing all manner of utilities services. The
Village may enforce collection of such charges by bringing proper
legal action against the occupant of the premises which has received
such services to recover any sums due for such services plus a reasonable
attorney's fee to be fixed by the court, plus the cost of such action.
C.
The
service charge herein provided for is hereby imposed upon the occupant
of each occupied dwelling unit and the billing therefor shall be made
to the person contracting for Village utilities of any kind to each
such dwelling unit. In the event a dwelling unit is not serviced by
Village utilities or in the absence of information that such person
is neither the owner or the tenant of such dwelling unit, then billing
therefor shall be made to the owner. Service charges shall be payable
to the Village of Country Club, Missouri.
D.
The
Village shall include the foregoing service charge on its utility
bill as a separate charge which shall be paid on or before the 15th
of the following month.
E.
The
Village shall provide any contractor hereunder with a monthly statement
showing the number of dwelling units, together with all additions
and deletions.
[Ord. No. 318 §7, 7-30-1998]
A.
The
Village shall enter into a contract or contracts for a period not
to exceed one (1) year with one (1) or more solid waste haulers to
provide uniform waste hauling services to Village residents, which
contract or contracts shall in all respects otherwise comply with
the requirements of this Section. Any such contract may include a
provision requiring the Village to collect on behalf of the waste
hauler a fixed service charge, to be negotiated by the waste hauler
and the Village, from each residential dwelling unit. The Village
shall charge the waste hauler for such service the sum of five percent
(5%) of the total service charge. The service charge for collection
of residential solid waste shall be in the lowest amount which can
be negotiated.
B.
With
respect to the collection of residential solid waste, the waste hauler
shall be entitled to a separate service charge for each residential
dwelling unit. It shall be presumed for purposes of this Section that
every Village non-commercial water meter services an individual residential
dwelling unit unless the owner thereof can establish otherwise to
the satisfaction of the Village Clerk. Payment of the aforesaid service
charge shall be the responsibility of the occupant of the residential
dwelling in whose name the said water meter is registered. The Village
Clerk shall be responsible for ensuring one (1) service charge is
collected for the collection of residential solid waste from each
residential dwelling unit producing the same, including from those
units not using metered Village water. The Village Clerk may from
time to time make necessary adjustments in billing to reach that end.
C.
Nothing
in this Section shall be construed to prevent any person from individually
contracting for the collection of solid waste provided that all other
requirements of this Section have been met. Upon receipt from any
person of written notice that such person has individually contracted
for collection of solid waste, which notice shall contain the name
and address of the waste hauler and provided that such waste hauler
has a valid permit as above required, the Village Clerk shall remove
that person from the list of persons for whom solid waste is to be
collected and billed for pursuant to the aforesaid Village contract.
D.
Any
waste collection service and service charge for residential solid
waste collection shall be terminated upon presentation of satisfactory
proof to the Village Clerk that any such dwelling unit or establishment
is unoccupied and shall be commenced upon renewed occupancy thereof.
[Ord. No. 431, 3-14-2009]
A.
Every owner or occupant of a residential dwelling unit with the Village
limits shall receive solid waste collection service and tender payment
therefor in accordance with the current fee schedule established.
The owners and occupants of individual premises receiving solid waste
collection service shall be jointly and severally liable to pay such
fees. The owners of all residential premises located in the Village
of Country Club, Missouri, are responsible for ensuring that rental
units and property meet health, safety and housing regulations established
by law.
B.
The owner, occupant, and/or person in charge of any tract of land
or ground or premises shall be responsible for payment of the monthly
solid waste disposal, or trash collection fee imposed by the contractor
hired by the Village of Country Club to provide solid waste disposal
services for the residents of the Village of Country Club.
C.
Any owner or occupant violating the provisions of this Chapter or
any regulation promulgated hereunder may be charged with a misdemeanor,
and, upon conviction thereof, shall be fined a minimum of fifty dollars
($50.00) plus court costs for an initial violation and up to five
hundred dollars ($500.00) plus court costs for each additional violation.
D.
The Village, or its agent providing solid waste disposal services
within the Village, shall have the power to file civil suit against
owners, occupants or both to recover all sums due and, in addition
thereto, reasonable attorney's fees.
