[Ord. No. 1009 §1, 12-3-1991]
Whenever used in this Chapter, the following words, terms and
phrases and their derivations shall be deemed to have the meaning
indicated below:
An incinerator which complies with all current regulations
of the responsible local and state air pollution control agencies.
Non-putrescible solid waste consisting of combustible and/or
non-combustible waste materials from dwelling units, which materials
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. Also includes "tree limbs" as defined
in this Section.
A place designated by the City where residents may drop off
recyclables for recycling.
The City of Eureka, Missouri.
Removal of solid waste from its place of storage to the transportation
vehicles.
All solid waste except those items defined in the definitions
of "bulk waste, infectious waste, solid waste, and special wastes"
of this section.
Yard waste such as grass clippings, leaves, vines, hedge
and shrub (including rose bushes) trimmings, tree trimmings, and tree
limbs less than six (6) inches in diameter and no longer than four
(4) feet in length, and/or other such organic materials from the yard.
The solid waste hauler selected by the City to collect recyclables
for recycling.
A location adjacent to and not more than five (5) feet from
any street.
The City Administrator of the City of Eureka shall be the
Director of the Solid Waste Management Program of the City, or his
designee.
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.
Putrescible animal or vegetable wastes resulting from the
handling, preparation, cooking, serving, or consumption of food, cold
ashes from fire places, paper of all kinds, cartons, containers, books,
straw, small metallic items, crockery, and dishes.
Includes isolation wastes, cultures and stocks of etiologic
agents, blood and blood products, pathological wastes, other wastes
from surgery and autopsy, contaminated laboratory waste, sharps, dialysis
unit wastes, discarded biologicals known or suspected to be infectious.
Washers and dryers, water heaters, trash compactors, dishwashers,
microwave ovens, conventional ovens, ranges, stoves, wood stoves,
air conditioners, refrigerators, freezers, dehumidifiers, humidifiers,
etc.
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.
All one-family to four-family dwellings located in the City.
Any natural individual, firm, partnership, trust, association,
or corporation. As applied to partnerships or associations, the word
includes the partners or members thereof; and 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.
Newsprint; brown, clear and green glass containers; aluminum
cans; tin cans; plastic milk jugs and plastic soda bottles, all rinsed
and reasonable free of food, dirt and other contaminants. Also included
as recyclable is any other material that the City contractor may hereafter
mutually agree to collect as a recyclable. For the purposes of this
Article, recyclables shall not include other solid waste, bulk rubbish
or special waste as defined in this Chapter.
A container furnished by the contractor for storage of recyclables.
The process of remanufacturing recyclables into other products
or refurbishing them for reuse.
Solid waste.
Every person who is an owner or occupant of a dwelling unit
within the City.
Solid waste resulting from the maintenance and operation
of dwelling units.
Unwanted or discarded waste materials in a solid or semi-solid
state, including but not limited to garbage, ashes, street refuse,
rubbish, dead animals, animal or agricultural waste, but not including
major appliances, recyclables and compostables.
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.
Items which, by their very nature, can cause health problems
or injury to individuals, including but not limited to solvents, insecticides,
cleaning agents, heavy metals, prescription drugs, explosives, incendiaries,
motor oils, refrigerants, infectious waste, and any materials prohibited
by the Eureka Fire Protection District's Fire Codes.
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.
Limbs which are greater than six (6) inches in diameter and
greater than four (4) feet in length.
[Ord. No. 1009 §1, 12-3-1991]
(a)
The occupant of every building containing only a single dwelling
unit or only a single institutional, commercial, business, industrial,
agricultural, professional, or non-profit occupant, and the owner
of every building containing more than one (1) dwelling unit or profit
occupant, and the owner of every building containing more than one
(1) dwelling unit or more than one (1) institutional, commercial business,
industrial, agricultural, professional or non-profit occupant, or
any combination thereof, producing solid waste within the corporate
limits of the City, shall provide or cause to be provided sufficient
and adequate solid waste containers for the storage of all solid waste,
except bulk rubbish and demolition and construction waste, to serve
each such dwelling unit, establishment, or building, and shall maintain
or cause to be maintained such solid waste containers in good repair
at all times.
(b)
The occupant of every building containing only a single institutional,
commercial business, industrial, agricultural, professional or non-profit
occupant, and the owner of every building containing more than one
(1) dwelling unit or more than one (1) institutional, commercial business,
industrial, agricultural, professional or non-profit occupant, or
any combination thereof, shall place or cause to be placed in proper
solid waste containers, except as otherwise provided herein, all solid
waste to be collected, and shall maintain or cause to be maintained
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 of not more
than thirty-five (35) gallons nor less than twenty (20) gallons in
nominal capacity. Large, portable plastic containers with wheels and
having a capacity of not more than ninety (90) gallons are acceptable
as well. Containers shall be leakproof, waterproof, and fitted with
a fly-tight lid and shall be properly covered at all times, except
when depositing waste therein or removing the contents thereof. The
containers shall have handles, bails or other suitable lifting devices
or features. Containers shall be of a type originally manufactured
for residential solid waste, with tapered sides for easy emptying.
They shall be of a light weight and sturdy construction. The weight
of any individual container or 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 may also be used for storage
of residential solid waste.
(d)
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 rules and regulations established pursuant to Section 18-9.
(e)
Tree limbs and brush shall be securely tied in bundles not larger
than forty-eight (48) inches long, or eighteen (18) inches in diameter.
The weight of any individual bundle shall not exceed seventy-five
(75) pounds.
[Ord. No. 1009 §1, 12-3-1991; Ord. No. 1782 §1, 8-17-2004; Ord.
No. 1986 §1, 8-7-2007; Ord. No. 2126 §1, 6-15-2010]
(a)
The City shall provide for the collection from all dwelling units,
excluding multiple-housing facilities with more than four (4) units,
of all solid wastes 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.
(b)
All solid waste collected shall, upon being loaded into transportation
equipment, become the property of the collector.
(c)
Solid waste containers as required by this Chapter for the storage
of residential solid waste shall be placed at the curb for collection
but shall not be so placed until after 6:00 P.M. on the day prior
to the regularly scheduled collection day. Containers shall be removed
from the curb no later than 8:00 P.M. on the day of collection.
(d)
Bulk waste shall be collected in conjunction with residential solid
waste or by request of the occupant to the collector. The director
may establish procedures for collecting bulk waste.
(e)
Solid waste collectors, employed by 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.
(f)
The following collection frequencies shall apply to collections of
solid waste within the City:
(1)
All residential solid waste and bulk waste, shall be collected at
least once weekly.
(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 director 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. The storage site shall be well-drained and fully accessible
to collection equipment, public health personnel and fire inspection
personnel.
(h)
Solid waste collectors, employed by a solid waste collection agency operating under contract with the City, shall be responsible for the collection of solid waste from the point of collection to the transportation vehicle provided the solid waste was stored in compliance with Section 18-4 (c), (d), and (e) of 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.
(i)
Except as provided in subsection (c) hereof, the city encourages residents to store solid waste containers indoors, if possible. If solid waste containers are stored outdoors, unless such are stored under a carport, they must be stored in the rear or side yard and placed and/or screened in such a manner so as to not be visible from the street the front of the principal structure faces.
(j)
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 City, to make
such collection or dispose of rubbish, garbage or waste materials
between the hours of 7:00 P.M. and 6:30 A.M.. Failure to comply with
the provisions herein stated shall constitute a misdemeanor and subject
the offender to the penalties prescribed for violation of this Code.
[Ord. No. 1009 §1, 12-3-1991]
(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 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 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.
[Ord. No. 1009 §1, 12-3-1991]
Solid waste 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 and 260.245, RSMo., and the rules and regulations adopted hereunder. The City may designate the processing or disposal facility to be utilized by persons operating under Section 18-8 of this Article.
[Ord. No. 1009 §1, 12-3-1991]
(a)
No person shall engage in the business of collecting, transporting,
processing or disposing of items covered by this Article within the
corporate limits of the City without first obtaining an annual permit
therefor from the City.
(b)
All permit applicants agree to secure and keep in force with an insurance
company licensed in the State of Missouri; to wit:
(1)
Worker's Compensation Insurance as prescribed by the Statutes
of the State of Missouri; and
(2)
A policy of liability insurance on each vehicle used in the refuse
disposal operations covered by the contract, indemnifying both the
contractor and the City against damage suits, in an amount not less
than $1,000,000.00/$2,000,000.00. The City of Eureka shall be named
insured upon said policy of insurance and a certificate of insurance
naming the City as an insured shall be provided to the City at the
time of the execution of this contract. In the event any insurance
policy herein required is canceled, the company shall notify the City
thirty (30) days prior to such cancellation.
(c)
All permit applicants agree that all drivers of its motor vehicles
within the City of Eureka shall be properly licensed by the State
of Missouri.
(d)
All permit applicants assume full responsibility for and shall defend,
indemnify and save harmless the City of Eureka from and against any
and all liability, suits, claims, damages, costs (including attorney's
fees), losses, outlays, and expenses in any manner caused by, arising
out of or connected with the failure or refusal of contractor to comply
with, observe or perform any of the provisions of this contract, notwithstanding
any possible negligence (whether sole, concurrent or otherwise) on
the part of the City of Eureka, its agents or employees.
(e)
Each permit applicant for any such permit shall state in his application
therefor:
(1)
The nature of the permit desired, such as to collect, transport,
process or dispose of solid waste or any combination thereof;
(2)
The characteristics of items to be collected, transported, processed,
or disposed;
(3)
The number of solid waste transportation vehicles to be operated
hereunder;
(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.
(f)
If the application shows that the applicant with 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 Article, the director shall issue the permit
authorized by this Article. The permit shall be issued on a calendar
year basis, and each applicant shall pay therefor a fee of twenty-five
dollars ($25.00) per vehicle per year for each transportation vehicle
to be used. If, in the opinion of the director, 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
Article, the director shall notify the applicant, in writing, setting
forth the modification to be made and the time in which it shall be
done.
(g)
If the applicant does not make the modifications pursuant to the
notice in (f) within the time limit specified therein, or if the applications
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 ordinance.
(h)
All permits shall expire on December thirty-first (31st) of the year
issued. Any permit issued pursuant to this Section may be renewed
for a one (1) year period by a majority vote of the Board of Aldermen
at the last meeting prior to expiration of any permit, provided applicant
has met all requirements of this Chapter.
(i)
In order to insure compliance with the laws of this State, this Article
and the rules and regulations authorized herein, the director is authorized
to inspect all phases of solid waste management within the City of
Eureka. No inspection shall be made in any dwelling unit unless authorized
by the occupant or by due process of the law. In all instances where
such inspections reveal violation of this Article, 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, not to exceed twenty (20) days from the notification
date.
(j)
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
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.
(k)
Any person who feels aggrieved by any notice of violation or order
issued pursuant thereto of the director, may, within ten (10) days
of the act for which redress is sought, appeal directly to the Municipal
Judge of the City of Eureka, in writing, setting forth in a concise
statement the act being appealed and the grounds for its reversal.
[Ord. No. 1009 §1, 12-3-1991]
(a)
The director 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 of 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.
(b)
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. 1009 §1, 12-3-1991]
It shall be unlawful for any person to:
(1)
Deposit solid waste in any container other than his own with the intent of avoiding payment of any service charge provided for solid waste collection and disposal or avoiding compliance with any of the provisions of Chapter 18;
[Ord. No. 2290 §1, 2-18-2014]
(2)
Interfere in any manner with 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;
(3)
Burn solid waste unless an approved incinerator is provided or unless
a variance has been obtained from the appropriate air pollution control
agency;
(4)
Dispose of solid waste at a facility or location which is not approved
by the City and the Missouri Division of Health;
(5)
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;
(6)
Allow, keep or maintain any accumulation of solid waste upon any
lot, ground or premises in the City;
(7)
Accumulate solid waste of any type for a period in excess of fourteen
(14) days.
