[R.O. 2012 §240.010; CC 1992 §10-14; Ord. No. 2155 §1, 5-9-1994; Ord. No. 3482 §1(1 — 2), 8-31-2009]
For the purposes of this Article, the following terms shall be deemed to have the meanings indicated below:
- APPROVED INCINERATOR
- An incinerator which complies with all current regulations of the responsible local, State and Federal air pollution control agencies.
- 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 containers and must be picked up by solid waste collectors with proper equipment.
- The City of Union, Missouri.
- Removal of solid waste from the designated pickup location to the transportation vehicle.
- COMMERCIAL ESTABLISHMENT
- Stores, restaurants, hotels, offices, wholesale establishments, retail establishments, hospitals, plants, shops, manufacturing establishments, schools, churches and trailer coach parks with two (2) or more units per water meter.
- CONSTRUCTION AND DEMOLITION 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.
- Any person that has entered into a contract or agreement with the City to provide all or some solid waste disposal services.
- The Director of the Solid Waste Management Program of the City shall be the City Administrator.
- DISPOSABLE SOLID WASTE CONTAINER
- Disposable plastic bags with a capacity of twenty (20) to thirty-five (35) gallons specifically designed for storage of solid waste.
- 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.
- HAZARDOUS WASTE
- Any waste or combination of wastes, as determined by the State 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.
- MULTIPLE HOUSING FACILITY
- 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.
- An individual, partnership, copartnership, firm, company, public or private corporation, association, joint stock company, trust, estate, political subdivision or any agency, board, department or bureau of the State or Federal Government or any other legal entity whatever which is recognized by law as the subject of rights and duties.
- Incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.
- SENIOR CITIZEN
- The head of a household who is over the age of sixty (60) years.
- SOLID WASTE
- 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 CONTAINER
- A 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
- The entire process of managing solid waste in a manner which minimizes the generation and subsequent disposal of solid waste, including waste reduction, source separation, collection, storage, transportation, recycling, resource recovery, volume minimization, processing, market development, and disposal of solid wastes.
- 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.
- 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.
[R.O. 2012 §240.020; CC 1992 §10 — 15; Ord. No. 2155 §2, 5-9-1994; Ord. No. 3482 §1(3 — 5), 8-31-2009]
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 shall maintain such solid waste containers at all times in good repair.
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.
Residential solid waste shall be stored in containers of not more than thirty (30) gallons nor less than twenty (20) gallons in normal capacity. Containers shall be leak-proof, water-proof, and fitted with a fly-tight lid and shall be properly covered at all times except when disposing waste therein or removing the contents thereof. The containers shall have handles, bails or other suitable lifting devices or features. Containers shall be 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 seventy-five (75) pounds. Galvanized metal containers, or rubber, fiberglass or plastic containers which do not become brittle in cold weather, may be used. Disposable solid waste containers with suitable frames or containers as approved by the Director and the contractor, if one is used, may also be used for storage and residential solid waste.
Commercial solid waste shall be stored in solid waste containers as approved by the Director. 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 Sections 240.060 and 240.070.
Tree limbs less than four (4) inches in diameter and brush shall be securely tied in bundles not larger than seventy-six (76) inches long and six (6) feet in circumference when placed at curbside. The weight of any individual bundle shall not exceed seventy-five (75) pounds.
Yard wastes shall be stored in containers approved by the Director and contractor, if applicable. A limit of three (3) bags shall be picked up twice monthly or according to the terms of any solid waste collection agreement with the City.
Solid waste containers which do not meet the specifications as outlined in this Section will not be collected.
Recycle materials, as designated by contractor and the Director, shall be collected at curbside twice monthly. Recycle materials will be place in recycle containers provided by the City of Union. Yard waste must be separated from recycle materials and placed within authorized yard waste containers.
[R.O. 2012 §240.030; CC 1992 §10-16; Ord. No. 2155 §3, 5-9-1994; Ord. No. 3482 §1(6 — 14), 8-31-2009]
The City shall provide for the collection of solid waste as follows:
The City shall provide for the collection of all residential solid waste in the City; provided however, that the City may provide the collection service by contracting with a person, County, or other City or a combination thereof, for the entire City or portions thereof, as deemed to be in the best interests of the City.
The City hereby directs that all collection of commercial solid waste will be the duty of each establishment to provide for collection of all solid waste produced upon any such premises.
All properly contained 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 Director or, if applicable, by mutual agreement of the City and contractor.
Tree limbs and yard wastes, as described in Section 240.020(E) and (F) respectively, shall be placed at the (curb, alley or rear of the building) for collection. Solid waste containers as required by this Section for the storage of other residential solid waste shall be placed (at the curb, alley or the rear of the building) for collection in an amount not to exceed three (3) bundles. Any solid waste containers, tree limbs, yard wastes or other solid waste permitted by this Section to be placed at the curb or alley for collection shall not be so placed until the regularly scheduled collection day by 6:00 A.M. Following collection, the containers shall be removed to a location away from public view.
Up to two (2) bulky rubbish items per customer will be collected monthly on a schedule agreed to by City and contractor. The Director and contractor, if applicable, shall establish the procedure for collecting bulky rubbish.
Solid waste collectors, employed by the City or a 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 Article. 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 approval by the Director.
The following collection frequencies shall apply to collections of solid waste within the City and be subject to any changes pursuant to Section 240.030(I):
All residential solid waste, other than bulky rubbish, shall be collected at least twice weekly. Those residents on Main Street and north of Main Street shall be collected on Mondays and Thursdays; those residents south of Main Street shall be collected on Tuesdays and Fridays. All commercial solid waste shall be collected at least twice weekly and shall be collected at such lesser intervals as may be fixed by the Director 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.
Recycle materials shall be collected at least twice monthly with recycle materials being placed into recycle containers provided by the City of Union.
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.
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 Article. 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.
The City may provide by contract for the collection of garbage and rubbish. The contract may provide:
The collection service be made at certain locations on the property of a single-family unit.
For the rate to be charged for such service.
For service to be restricted to certain numbers of containers.
For special pickup services or commercial services.
The City perform the billing and collection for such services.
For the amount of payment to be made by the City to the collector for such services.
Use whatever basis is reasonable and proper for the carrying out and performance of the objectives of this Article.
All contracts for collecting, removing and disposing of garbage and rubbish under the provisions of this Article shall be let to the lowest and best responsible bidder, the right being reserved to reject any and all bids. If no bids are received or all are rejected, the Board of Aldermen may negotiate with and enter into a contract with any contractor without providing for further bidding.
The Director shall advertise for sealed bids, for any work to be done by contract under the provisions of this Article, by publication for two (2) consecutive weeks in a weekly newspaper with general circulation within the community. The date and time for opening bids may be set for any time subsequent to the last publication.
All sealed bids shall be opened on the date and at the time designated by the bid notice in the presence of such members of the public as may attend.
The published notice shall call for sealed bids for a contract period to be designated in the notice and such bids may be called for in the alternative for different periods or for different rates and methods of collection, and the City shall accept that bid which, in its judgment, will best serve the interests of the City. No contract shall be let for a period of less than one (1) year nor more than five (5) years. Any new contract shall be let by the City no later than ninety (90) days from the termination of the existing contract for services. In the event the City should elect to perform the service authorized by this Article, it shall notify the contractor holding the existing contract for services not later than ninety (90) days before the expiration date of the agreement.
Upon the award being made, the successful bidder shall within ten (10) days file with the City Clerk a mutually agreed upon contract duly executed by him or her for the doing of the work and within ten (10) days shall likewise file with the City Clerk a bond in the amount of twenty-five thousand dollars ($25,000.00) with securities to be reasonably approved by the City, conditioned on said contractor performing his or her duties and obligations provided for in said contract.
Information To Be Provided By Bidders And Contractors.
Required. Each bidder shall, when requested, submit to the City a written statement showing in detail the kind, character and nature of the equipment, a statement of his/her financial condition and such other information requested as will bear upon his/her ability to perform and comply with his/her contract during its entire term.
Contractor required. At any time during the term of the contract, or any renewal or extension thereof, the contractor shall, when requested, submit to the City a written statement showing the entire operations of the business under the contract and a financial and profit-and-loss statement on such business operations.
Furnishing of necessary vehicles. The collection contract shall provide that the contractor shall furnish the necessary vehicles and trucks and equipment, which shall be of the type required under provisions of Subsection (O), for the collection, removal and disposal of garbage and rubbish.
Furnish necessary labor and collection. The contract shall provide that the contractor shall furnish the necessary labor, and make collections as often as may be designated by the City and stated in the published notice for bids, and the collections shall be made from such other places designated according to this Section.
Dumping of garbage, rubbish on streets prohibited. The contract shall provide that the contractor in performance of his or her duties shall not permit garbage or rubbish to be placed or scattered upon any public or private street, alley, drive or public place.
Replace damaged receptacles, etc. — keep premises clean. The contract shall also provide that the contractor shall replace any garbage or rubbish receptacle, can, container or lid damaged by himself/herself or his or her agents or employees; that he or she shall remove paper placed in the receptacle, can or container as wrappers for garbage or rubbish, and that he or she shall remove the paper and debris around the receptacle, can or container caused by his or her performance of his or her duties, so as to leave the premises in a neat and clean condition.
Prompt removal of garbage, rubbish to approved sanitary landfill. The collection contract shall provide that all garbage and rubbish collected within the City shall be immediately removed by the contractor and disposed of by the sanitary landfill under the supervision of the State Department of Health.
Insurance requirements. The collection contract shall provide that the contractor will obtain and keep in force during the life of the contract, and any renewal or extension thereof, Workmen's Compensation insurance and a public liability insurance policy on each vehicle used in the collection of garbage and rubbish, indemnifying both the contractor and the City from damage suits, in some insurance company approved by the City for one million dollars ($1,000,000.00) for any one (1) occurrence and if the policy contains an annual aggregate, it must be in the amount of at least two million dollars ($2,000,000.00) and a minimum of ten thousand dollars ($10,000.00) for property damage, the premiums therefor to be paid by the contractor. Said insurance shall specifically name the City of Union as an additional insured party and said insurance shall be carried in a firm or corporation which has been duly licensed or permitted to carry on such business in the State of Missouri. A certificate of insurance and an additionally insured endorsement shall be provided to the City Clerk prior to the commencement of service. Said policy may not be altered, amended nor terminated without thirty (30) days' written notice having been given to the City Administrator by certified mail.
Board of Aldermen to provide other provisions. In addition to the stipulations enumerated herein, the collection contract shall contain such other provisions not inconsistent with this Article as shall, in the judgment of the Board of Aldermen, best protect the City and its citizens.
It shall be the duty of the Director to supervise the collection, removal and disposal of all garbage and rubbish in the City whether such work is done by the City or by a collector or contractor. If the work is done under contract, the City Clerk shall see that the contracts are properly and efficiently carried out, and that adequate liability insurance is carried, and that all other requirements of this Article are complied with.
[R.O. 2012 §240.040; CC 1992 §10-17; Ord. No. 2155 §4, 5-9-1994]
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 water-tight bodies and with covers which shall be an integral part of the vehicle or shall be separate covers of suitable material with fasteners designed to secure all sides of the covers to the vehicles and which shall be secured whenever the vehicles are 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.
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.
Demolition and construction wastes shall be transported to a disposal area as provided in Section 240.050(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.
[R.O. 2012 §240.050; CC 1992 §10-18; Ord. No. 2155 §5, 5-9-1994; Ord. No. 3482 §1(15), 8-31-2009]
Solid wastes shall be deposited at a processing facility or disposal area approved by 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.
Hazardous waste and infectious waste shall not be disposed of within the City.
[R.O. 2012 §240.060; CC 1992 §10-19; Ord. No. 2155 §6, 5-9-1994; Ord. No. 3482 §1(16 — 17), 8-31-2009]
The Director, after mutual agreement from the contractor, if applicable, shall make, amend, revoke and enforce reasonable rules and regulations, governing, but not limited to:
Preparation, drainage and wrapping of garbage deposited in solid waste containers.
Specifications for solid waste containers, including the type, composition, equipment, size and shape thereof.
Identification of solid waste containers and of the covers thereof and of equipment thereto appertaining, if any.
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.
Storage of solid waste in solid waste containers.
Sanitation, maintenance and replacement of solid waste containers.
Schedules of routes for collection and transportation of solid waste.
Collection points of solid waste containers.
Collection, transportation, processing and disposal of solid waste.
Disposal facilities and fees for the use thereof.
Records of quantity and type of wastes received at processing and/or disposal facilities.
Handling of special wastes such as sludges, ashes, agriculture, construction, bulky items, tires, automobiles, oils, greases, etc.
The City Clerk or such other City official who is responsible for preparing utility and other service charge billings of the City, is hereby authorized, after mutual agreement from the contractor, if applicable, 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.
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.
[R.O. 2012 §240.070; CC 1992 §10-20; Ord. No. 2155 §7, 5-9-1994]
It shall be unlawful for any person to:
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;
Use the solid waste services if such services are not being billed or upon failure of user to notify the City of their use thereof;
Fail to have solid waste collected as provided in this Chapter;
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;
Burn solid waste unless an approved incinerator is provided or unless a variance has been obtained from the appropriate air pollution control agency; or
Dispose of solid waste at any facility or location which is not approved by the City and the State Department of Natural Resources.
[R.O. 2012 §240.080; CC 1992 §10-21; Ord. No. 2155 §8, 5-9-1994; Ord. No. 2177 §1, 8-9-1994; Ord. No. 3482 §1(18 — 19), 8-31-2009]
There is hereby imposed, for the collection and disposal of solid waste, in order to protect the general public health and environment, a service charge for each dwelling unit and each commercial establishment. The service charge for collection of residential solid waste shall be set by the Board of Aldermen from time to time.
Senior citizens, who for reason of insufficient use of the established collection schedule, may make application to the City and, for good cause shown, have their name removed from the list of customers which are billed at the regular monthly rate. However, such senior citizens must use the City collection service for whatsoever garbage and rubbish as must be removed from his/her residence. Upon application by a senior citizen for removal of his/her name from the list of regular customers, the application shall be submitted to the City Clerk or the City Administrator, who shall determine that the application is in proper form and that such senior citizen will not need the established collection schedule. In such cases where the senior citizen is granted approval of his or her request, he or she shall be charged at the senior citizen rate as established by the vote of the Board of Aldermen.
The service and service charge shall be terminated upon presentation of satisfactory proof to the Director that any such dwelling unit or establishment is unoccupied, and shall be commenced upon renewed occupancy thereof.
The system of services established by the provisions of this Article is designed as an integral part of the City's program of health and sanitation, to be operated as an adjunct to the City's system for providing sewerage disposal. The City may enforce collection of such charges by bringing proper legal action against the occupant of any dwelling unit or owner of any commercial establishment 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.
The service charge herein provided for is hereby imposed upon the owner/occupant, jointly and severally, of each dwelling unit. Service charges shall be payable to the department empowered to collect service charges imposed by the City.
The collection and removal of garbage and rubbish by truck or other vehicles in the City, or the holding out or solicitation of such business by any person who does not have a contract with or who is not authorized and licensed by the City for the collection, removal and disposal of garbage and rubbish, is unlawful.
No person shall dispose of any garbage or rubbish by depositing the same in or on any public alley, street, roadway, vacant lot or property of any kind within the City or in any stream or body of water within the City.
The City may, at its sole option, discontinue water service to any user that allows his or her bill for services to become delinquent. Any bill shall be considered delinquent thirty (30) days after its due date. All delinquent accounts shall become liens on the real estate of the premises to which the services have been provided.
All other provisions within this Chapter of the Municipal Code of the City of Union, Missouri, shall remain in effect and will not be affected by these amendments.
[R.O. 2012 §240.090; CC 1992 §10-22; Ord. No. 2155 §9, 5-9-1994]
Any person violating any of the provisions of this Article, 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.
[R.O. 2012 §240.100; CC 1992 §10-48; Ord. No. 2019 §1, 11-12-1991]
All compost piles shall be maintained using approved composting procedures to comply with the following requirements:
All compost piles shall be enclosed in a freestanding compost bin. Each compost bin shall be no larger in volume than seventy-five (75) cubic feet for properties ten thousand (10,000) square feet and less in size, with an additional seventy-five (75) cubic feet permitted for each additional ten thousand (10,000) square feet of space. Compost bins shall be no taller than five (5) feet.
All compost piles shall be maintained so as to prevent the attraction or harborage of rodents and pests. The presence of rodents in or near a compost pile shall be cause for the City to issue a complaint.
All compost piles shall be maintained so as to prevent unpleasant, rotten-egg-like, putrefactive, sweet, sour or pungent odors.
Unless written permission has been granted by the adjoining property owner, no compost pile shall be located less than three (3) feet from the rear or side property line, or within twenty (20) feet of any home, patio, pool or similar structure on the adjacent property. All compost piles shall be at least three (3) feet behind the front building setback line.
No compost pile shall be located where it will impede the natural free flow of storm water drainage.
[R.O. 2012 §240.110; CC 1992 §10-49; Ord. No. 2019 §1, 11-12-1991]
[R.O. 2012 §240.120; CC 1992 §10-50; Ord. No. 2019 §1, 11-12-1991]
Compost piles established in accordance with this Article are for private use only. There shall be no commercial provision of material to be composted or commercial use of the product of such composting.
[R.O. 2012 §240.130; CC 1992 §10-51; Ord. No. 2019 §1, 11-12-1991]
Every owner or operator shall be responsible for maintaining all property under his/her control in accordance with the requirements of this Article.