[Ord. No. 91-18 §1, 4-3-1991]
For the purposes of this Chapter the following terms shall be
deemed to have the meanings indicated below:
An incinerator which complies with all current regulations
of the responsible local, State, and Federal air pollution control
agencies.
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.
The City of Carl Junction, 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 of the City or his/her authorized representative.
Disposable plastic or paper sacks with a capacity of twenty
(20) to thirty-five (35) gallons specifically designed for storage
of solid waste.
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.
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.
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 owner or as a tenant.
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.
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
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.
A person, firm, or corporation who has satisfied the permit
requirements of this Chapter in order to collect, transport and dispose
of solid waste.
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 deposition 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 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.
Leaves, grass clippings, yard and garden vegetation and Christmas
trees. This term does not include stumps, roots or shrubs with intact
root balls.
[Ord. No. 91-18 §2, 4-30-1991; Ord. No. 01-20 §1, 5-1-2001; Ord. No. 13-41 §1, 7-16-2013]
A.
The occupant or owner 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 or owner of 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 which comply
with the contract for solid waste collection existing between the
City of Carl Junction and Allied Waste Services of Galena, LLC. Provided,
however, upon termination of said contract, the City may, at its discretion,
require residential solid waste to be stored in containers it then
deems appropriate.
D.
Commercial solid waste shall be stored in solid waste containers as approved by the Mayor or his/her authorized representative. 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 225.070.
E.
Solid waste containers which do not meet the specifications as outlined
in this Section will be collected together with their contents and
disposed of.
[Ord. No. 91-18 §3, 4-30-1991; Ord. No. 01-20 §1, 5-1-2001; Ord. No. 13-41 §2 7-16-2013]
A.
The City shall provide for the collection of all residential, commercial
and industrial solid waste in the City in conformity with the contract
for solid waste collection existing between the City of Carl Junction
and Allied Waste Services of Galena, LLC, and in conformity with Section
260.247, RSMo. Provided, however, upon termination of said contract,
the City may, at its discretion, provide solid waste collection services
upon such terms as it then deems appropriate.
B.
All solid waste from premises to which collection services are provided
by the City shall be collected, except bulky rubbish as defined herein.
Bulky rubbish will be collected in accordance with the rules and regulations
as promulgated by the Mayor or his/her authorized representative.
C.
Solid waste containers as required by this Chapter for the storage
of other residential solid waste shall be placed at the curb for collection.
Any solid waste containers shall not be so placed until the regularly
scheduled collection day, or the evening before, and must be removed
from the curb within twenty-four (24) hours of collection.
D.
Bulky rubbish shall be collected at least once annually. The Mayor
or his/her authorized representative shall establish the procedure
for collecting bulky rubbish.
E.
Solid waste collectors, employed by the City or 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 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. Commercial solid
waste may be removed from within commercial establishments upon written
request of the owner and approved by the Mayor or his/her authorized
representative.
F.
The following collection frequencies shall apply to collections of
solid waste within the City:
1.
All residential solid waste, other than bulky rubbish, shall
be collected at least once weekly. At least forty-eight (48) hours
shall intervene between collections.
2.
All commercial solid waste shall be collected at least once
weekly and shall be collected at such lesser intervals as may be fixed
by the Mayor or his/her authorized representative or requested by
the commercial establishment 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.
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.
I.
All solid waste generated from premises in the City shall be collected
by the solid waste collector, subject to such rules and regulations
of the Director, or subject to such rules and regulations of the solid
waste collector as approved by the Mayor or his/her authorized representative.
All solid waste shall, upon being placed at the area of collection,
become the property of the solid waste collector.
[Ord. No. 91-18 §4, 4-30-1991]
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, 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 alternate,
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 225.050 (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 rights-of-way.
[Ord. No. 91-18 §5, 4-30-1991]
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., or
any subsequent law, and the rules and regulations adopted thereunder,
or any applicable law of the State where the processing facility or
disposal area is located, and any applicable Federal law, rule or
regulation.
B.
Hazardous
wastes will require special handling and shall be disposed of only
in a manner authorized by State regulations.
[Ord. No. 91-18 §6, 4-30-1991; Ord. No. 01-20 §2, 5-1-2001]
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 Mayor or his/her authorized representative 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
three hundred thousand dollars ($300,000.00) for each person injured
or killed, and in the amount of not less than one million dollars
($1,000,000.00) 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
two hundred thousand dollars ($200,000.00) for damage to property.
Such policy may be written to allow the first five hundred dollars
($500.00) of liability for damage to property to be deductible. Should
any such policy be canceled, the Mayor or his/her authorized representative
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 therefore;
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 Mayor or his/her authorized
representative.
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 Mayor or his/her authorized
representative may with the consent of the Board of Aldermen issue
the permit authorized by this Chapter.
E.
In
order to insure compliance with the laws of this State, this Chapter
and the rules and regulations authorized herein, the Mayor or his/her
authorized representative is authorized to inspect all phases of solid
waste management within the City of Carl Junction. 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
Mayor or his/her authorized representative 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.
F.
In
all cases, when the corrective measures have not been taken within
the time specified, the Mayor or his/her authorized representative
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, one (1)
extension of time not to exceed the original time period may be given.
G.
In
the event a permit is revoked and the person continues to operate,
the Mayor or his/her authorized representative 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.
H.
Any
person who feels aggrieved by any notice of violation or order issued
pursuant thereto of the Mayor or his/her authorized representative
may, within thirty (30) days of the act for which redress is sought
appeal directly to the Municipal Court in writing, setting forth in
a concise statement the act being appealed and the grounds for its
reversal.
I.
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. 91-18 §7, 4-30-1991]
A.
The
Mayor or his/her authorized representative 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.
14.
Size limitations of collection vehicles.
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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.
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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.
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[Ord. No. 91-18 §8, 4-30-1991; Ord. No. 96-13 §§I — II, 7-2-1996]
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. Any person violating
this Subsection shall, upon conviction, be punished as follows: 1st
offense, fine of $100.00; 2nd offense, fine of $200.00; 3rd offense,
fine of $500.00.
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.
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. 91-18 §9, 4-30-1991; Ord. No. 01-20 §3, 5-1-2001; Ord.
No. 12-08 §1, 3-20-2012]
A monthly service charge of twenty percent (20%) of the base
monthly rate for residential solid waste collection is hereby imposed
upon residential users, and said service charge will be included with
billings of water charges and payable under the same conditions as
the water charges.
[Ord. No. 91-18 §10, 4-30-1991]
If the City approved collector of solid waste notifies the City
it is no longer collecting said solid waste, then the City shall notify
the owner and resident of the location where said solid waste has
ceased to be collected and to provide within forty-eight (48) hours
verification that they are causing said solid waste to be collected
and disposed in a manner consistent with this Chapter, and failure
to do so shall be a violation of this Chapter permissible by penalties
herein provided.
[Ord. No. 91-18 §11, 4-30-1991]
Any person violating any of the provisions of this Chapter,
or any lawful rules or regulations promulgated pursuant thereto, 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 offense for the purpose
hereof.
[Ord. No. 91-18 §12, 4-30-1991]
No permit shall be issued until the contractor has filed with
the City a performance bond in the amount of fifty thousand dollars
($50,000.00) conditioned that he/she will observe the provisions of
this Chapter and all ordinances of the City and pay all taxes, licenses,
fees and fines, penalties and forfeitures that may be adjudged against
him/her under the ordinances of the City.
