[Ord. No. 2731 §1, 9-15-2009]
As used in this Chapter and unless the context clearly requires
different meaning, references to one (1) gender include references
to the other gender, singular references include the plural and plural
references include the singular, statements including the word "shall" are mandatory and discretionary. The following,
specific definitions apply to this Chapter:
The City of Pacific, Missouri.
A waste hauler duly and currently licensed by the City for
the type of waste sought to hauled.
The process of collecting yard waste in controlled proportions
with aeration and mixing for decomposition into mulch.
Building and site improvement materials and other solid waste
resulting from construction, remodeling, renovation or repair operations
including packaging materials.
A location adjacent to and not more than five (5) feet from
any street.
Building and site construction waste resulting from the removing
of materials required to install/erect new building and/or site improvements,
the complete removal of a building, structure or other site improvement
material.
For hire or commercial purpose to either:
Any waste or combination of wastes, as determined by the
Missouri 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 other living organisms (see Subsection
260.369(9) of the Missouri Hazardous Waste Management Law).
All solid waste from residential dwellings other than:
Isolation wastes, cultures and stocks of etiologic agents,
blood and blood products, pathological wastes, other wastes from surgery
and autopsy, contaminated laboratory wastes, sharps, dialysis unit
wastes and discarded biological waste known or suspected to be infectious.
In addition, the term "infectious waste" means waste
in quantities and with characteristics as established by rule of the
Department of Natural Resources ("DNR") incorporated herein. The term "infectious waste" does not include any waste treated in
a manner established by such rule which treatment is designed and
declared by DNR to make waste, which was previously infectious, safe
for disposal as special waste.
Non-putrescible solid wastes generated on residential premises,
such as white goods, oversize rugs and limited construction waste,
but not including automobiles and demolition materials and consisting
of waste which is either too large or too heavy to be safely and conveniently
loaded during regular solid waste pickup in typical waste transportation
vehicles by waste haulers with the equipment available therefore.
Any container containing waste which is moved from the generation
point to the disposal or transfer/processing point over roadways within
the City.
Commercial, industrial, agricultural, institutional, educational
and recreational and all other property or use types that are not
defined as residential, including multi-family premises of three (3)
or more units and premises having mixed uses.
A container of metal, plastic or other similar rigid materials,
not including plastic bags. Such container shall be leak-proof, vermin-proof
and having lids which are hinged on one (1) side.
An individual, partnership, corporation, association, institution
or any governmental entity and including all persons acting on their
behalf.
Newsprint, magazines, office paper and other materials able
to be processed to form new materials or products; cardboard; brown,
clear and green glass containers; steel or tin cans; aluminum cans;
plastics (i.e., number 1 and 2 plastic containers, plastic bags, etc.)
able to be processed or remanufactured into other products or refurbished
for reuse. Also included as a recyclable is any other material or
product that the City may by license agreement hereafter require to
be collected as a recyclable.
A single-family residence or a residence for no more than
two (2) families.
A container made of galvanized metal, rubber, fiberglass
or plastic which is non-absorbent, leak-proof and fly-tight and which
does not become brittle in cold weather; or plastic bags with a minimum
thickness of two (2) mils and with a capacity of not less than eighteen
(18) gallons nor more than ninety-five (95) gallons and meeting requirements
as defined in the license agreement, if any. Containers, other than
plastic bags, shall have handles, bails or other suitable lifting
devices or features and shall be of a type originally manufactured
for residential waste. They shall be lightweight and of sturdy construction
and shall have secure lids if not otherwise sealed.
The accumulated semi-solid suspension of settled solids deposited
from waste waters or other fluids in tanks or basins.
Waste in a solid or semi-solid state, but does not include
hazardous waste, special waste or infectious waste.
Items which, by their very nature, can cause health problems
or injury to individuals including, but not limited to, products containing
harmful substances such as chlorofluorocarbons (CFCs) (e.g., refrigerators,
freezers, window air conditioners, etc.), solvents, insecticides,
cleaning agents, heavy metals, prescription drugs, explosives, incendiaries,
motor oils, lead acid batteries, tires, refrigerants, infectious waste
and any materials prohibited by the State law, City's ordinances or
the regulations of any governing health agency, fire protection district
or other jurisdiction.
A premise where waste is transferred from one container to
another. A transfer station may or may not be a recycling facility.
Garbage, offal, refuse and other discard materials, including
liquid, gaseous, solid and semi-solid materials and recyclables resulting
from industrial, commercial, agricultural and residential or domestic
activities or hazardous or special wastes.
Any person engaged in the business of hauling waste in the
City.
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
A facility where the incinerating, composting, baling, shredding,
salvaging, compacting, packaging, recycling or other processing of
waste eliminates or modifies waste or reduces the quantity of waste
or packages waste. Such facilities include, but are not limited to,
incinerators and compost plants and may include transfer stations.
Any vehicle used for collecting or transporting waste by
any person required to be licensed under this Chapter.
Washers and dryers, water heaters, trash compactors, dishwashers,
microwave ovens, conventional ovens, ranges, stoves, wood stoves,
air conditioners, refrigerators, freezers, dehumidifiers, TVs, CRTs,
computer equipment and other appliances or large equipment.
Grass clippings, vines, leaves, flowers, hedge and shrub
trimmings, garden vegetation tree limbs no greater than six (6) inches
in diameter and other forms of vegetation.
[Ord. No. 2731 §1, 9-15-2009]
A.
It
shall be unlawful for any person to:
1.
Deposit any solid waste in any solid waste container other than his/her
own without the consent of the owner of such container or with the
intent of avoiding payment of the service charge lawfully provided
by the waste hauler for solid waste collection and disposal from the
premises of such person;
2.
Fail to have any waste collected as provided in this Chapter, except
as provided herein;
3.
Interfere in any manner with waste collection and transportation
equipment or with waste haulers authorized to conduct business in
the City, in the lawful performance of their duties as such, whether
such equipment or haulers shall be those of the City or those of a
waste hauler operating under license issued by the City;
4.
Burning any waste, except where authorized by law or regulations;
5.
Dispose of any waste other than as provided in this Chapter at any
facility or location which is not approved by the City and the Missouri
Department of Natural Resources, if applicable;
6.
Except as may be exempted herein, engage in the business of storing,
collecting, transporting, processing or disposing of waste within
the corporate limits of the City without a permit/license from the
City or operate under an expired permit/license or operate after a
permit as been suspended or revoked;
7.
Dump or deposit or permit dumping or depositing of any wastes into
any river, stream, spring, surface or ground water, whether natural
or artificial, within the boundaries of the City including the dumping
of yard waste into storm sewer inlets, on common grounds or other
areas not approved for composting;
8.
Tamper with any solid waste container of another or remove any container
from its location or remove any material from a solid waste container,
except by permission of the owner or under the authority of a license
for waste hauling issued by the City;
9.
Fail to make payment to the City's licensed waste hauler for solid
waste service provided;
10.
Residents and businesses may drop off brush up to ten (10) feet long,
limbs and leaves at the City Maintenance Building Monday through Friday
from 7:00 A.M. until 4:30 P.M., and Saturday from 8:00 A.M. until
12:00 Noon. The City Maintenance Building is located at 77 Cedar Field
Drive. Drop off is limited to Pacific residents and businesses and
shall not be utilized by landscaping companies or contractors for
hire;
[Ord. No. 3358, 2-8-2023]
11.
Violate any Section or requirement of this Chapter or any requirement promulgated under the authority thereof. Any such violation shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment, pursuant to Section 100.170 of this Code.
[Ord. No. 3358, 2-8-2023]
[Ord. No. 2731 §1, 9-15-2009]
A.
The occupant and the owner of any premises wherein any waste is produced, generated or accumulated shall be jointly and severally responsible to provide for waste collection and removal service for all waste generated on the premises. The occupant and the owner of any premise shall ensure that waste subject to this Section is picked up from the subject premises at least one (1) time a week. No person shall provide for solid waste collection by any collector other than one licensed for that purpose by the City nor shall a person avoid providing for residential solid waste collection for that person's household by combining his/her residential solid waste with that of another residential household. In the event the City provides for exclusive licensing for certain waste collection, each person responsible herein to provide for waste collection for any premises shall be obligated to contract with such exclusive licensee for such collection, unless exempted as provided in Subsection (B) herein.
B.
Notwithstanding
anything to the contrary herein, a person may dispose of his/her own
residential solid waste by completely recycling his/her residential
solid waste. "Complete recycling" means that the
person's household waste is recycled or properly composted so as to
effectively not produce or accumulate solid waste. To receive an exemption
from this Section as not producing or generating residential solid
waste, the person shall validate on a form provided by the City that
the household is vacant and generates no solid waste or that such
an amount of the person's household waste is recycled by the person
so as to effectively not produce or accumulate solid waste and to
detail and certify that the household solid waste does not exist or
is negligible and properly and lawfully disposed of in conformity
with all applicable laws.
C.
Any
occupant and/or owner of a residential property that has had its waste
collection service suspended for failure to pay in violation of this
Chapter shall continue, notwithstanding such suspension, to have a
duty to provide for waste collection. The failure to either contract
for or secure advance lawful waste collection as provided herein or
obtain an exemption in advance shall be a separate violation of this
Section for each property or premises in which waste is produced,
generated or accumulated.
[Ord. No. 2731 §1, 9-15-2009]
A.
The
occupant and the owner of any premises wherein any waste is produced
or accumulated shall be jointly and severally responsible to provide
and use solid waste containers as set forth in this Section. The solid
waste containers and the premises surrounding the containers shall
be maintained in a neat, clean, sanitary condition and shall not produce
odors so as to constitute a nuisance.
1.
Residential. Solid waste from residential premises
shall be deposited and stored in residential solid waste containers
as defined in this Chapter. Such containers shall not be filled in
excess of fifty (50) pounds and shall be covered with a fly-tight
lid at all times except when depositing waste therein or removing
waste therefrom and shall be leak-proof. Certain non-putrescible solid
wastes generated on residential premises such as small appliances,
small furniture and small rugs, homeowner's construction debris from
home repair and minor remodeling not to exceed three (3) containers
(and/or bundles if permitted) per pickup, but excluding hazardous
waste, special waste (except as defined herein), tires and car parts
may be set out with, but not in, the solid waste container if the
item(s) will not easily fit into the solid waste container; provided
that the owner of the premises takes care that the items are kept
from blowing, spilling or otherwise being scattered.
2.
Non-residential. Solid waste from all non-residential
premises shall be stored in container(s) of sufficient size to contain
all waste between pickups and are spill-proof, leak-proof and shall
be covered at all times except when depositing waste therein or removing
waste therefrom.
[Ord. No. 2731 §1, 9-15-2009]
A.
No
person possessing or generating infectious, hazardous or special waste
shall permit such infectious, hazardous or special waste to be placed
in storage containers ordinarily used for solid waste.
B.
No
person possessing or generating infectious, hazardous or special waste
shall permit such infectious, hazardous or special waste to be placed
in storage containers that are not clearly marked "INFECTIOUS WASTE",
"HAZARDOUS WASTE" or "SPECIAL WASTE", as the case may be. Such containers
shall be located and secured in a way to avoid spillage or tampering
and in compliance with all applicable laws and regulations.
[Ord. No. 2731 §1, 9-15-2009]
A.
Residential
solid waste containers, recyclable waste and yard waste shall be stored
upon the premises where the waste was generated unless written permission
for storage on other premises is obtained from a person having authority
to grant such permission. The containers shall be stored in a place
not visible from the street which the residential structure faces.
Residential waste, recyclables and yard waste shall be placed at the
curb or street frontage, except as otherwise required by the City
for collection. Solid waste containers, recyclable containers, yard
waste containers and bundles of yard waste permitted by this Chapter
shall be placed at the curb or street frontage, not more than twelve
(12) hours prior to the regularly scheduled collection day. Waste
containers shall be returned to their appropriate storage places no
later than 12:00 Midnight on the day of collection.
B.
Non-residential
solid waste containers, recycling containers (unless otherwise approved
herein by a special event permit) and yard waste generated on non-residential
premises shall be stored upon the non-residential premises where the
waste was generated, unless written permission for storage on other
premises is obtained from a person having authority to grant such
permission. The location, design and screening of containers added
after the adoption of this Section shall be specified on the development
plan for the premises or, if no development or site plan, either screened
by a six (6) foot high opaque fence made of masonry or wood or a simulated
wood product or placed so as not to be visible from the street.
[Ord. No. 2731 §1, 9-15-2009]
A.
Demolition
and construction waste shall be disposed of as follows:
1.
No person shall store in or place additional demolition and construction
waste in a waste container which is full.
2.
The person who has requested that a mobile waste container be located
to receive demolition or construction waste, and every person who
may lawfully require that a mobile waste container be removed from
a site, shall be responsible to ensure that every mobile waste container
is removed when full and the waste deposited at an appropriate facility.
3.
Demolition and construction waste shall not be permitted on the lot
except during the period of demolition or construction.
4.
Demolition and construction waste shall be stored in a secure container
or otherwise secured to prevent dispersal by the wind.
5.
Waste container shall not be allowed to collect water so as to become
a public nuisance.
6.
Demolition and construction waste shall not be stored in a floodplain.
7.
A mobile waste container is full if no more waste can be added to
it without making it unsafe or illegal to transport.
8.
The location of any mobile waste container or other container for
the collection or storage of demolition or construction waste shall
not be located on a City right-of-way unless written approval is obtained
from the City with respect to location and period of time. The permit
or other approval from the City shall be posted on the waste container
in a weather-proof sleeve.
9.
Demolition and construction waste shall be at all times stored so
as to prevent scattering and, at least daily, collected and placed
in a container.
[Ord. No. 2731 §1, 9-15-2009]
A.
It
shall be unlawful to deposit, commingle or conceal in a solid waste
container used or placed for collection of lawful solid waste the
following unlawful items:
[Ord. No. 2731 §1, 9-15-2009]
A.
The
Mayor, upon determination that the presence of a hazardous waste on
a premises presents an imminent and substantial danger to health,
safety and welfare of the citizens of the City of Pacific or the environment,
has the authority to authorize a City employee or other agent or officer
to enter the premises and conspicuously post a notice(s) on the premises
as a warning of the danger.
B.
The
notice(s) may read substantially as follows:
|
|
DANGER
KEEP OUT
HAZARDOUS WASTE AREA
POSTED BY
City of Pacific
For Information Contact:
City of Pacific
300 Hoven Drive
Pacific, Missouri 63069
(636) 271-0500
|
C.
No
person shall remove, mar, scratch, obliterate or in any manner deface,
hide from view or tamper with any such sign or signs.
[Ord. No. 2731 §1, 9-15-2009]
The City shall make reasonable effort to notify the owner, occupant
or person in possession of the premises of the posting action and
the reason therefore. In addition, the City shall notify the Pacific
Fire District, Pacific Police, other appropriate emergency response,
civil defense or governmental agencies and local utility companies
of the posting action and the reason therefore.
[Ord. No. 2731 §1, 9-15-2009]
A.
The
City may require the owner, occupant or person in possession to prepare
a safety plan for each location that may be found to contain hazardous
waste and furnish such a plan in writing to the City for approval
within the time limits as set by the City. Following approval of such
a plan, the City shall require the owner or person in possession to
implement such a plan.
B.
In
the event the owner, occupant or person in possession cannot be found
or refuses to prepare a plan and correct the hazardous situation within
a reasonable time as determined by the City, the City may, if it deems
it necessary in the interest of public health, safety and welfare,
enter upon the premises and, either with the equipment and employees
of the owner, occupant or person in possession or with City-owned
or leased equipment and City employees or with other contracted services
or in conjunction with other governmental authorities, do such work,
as is necessary, to correct any hazardous condition.
C.
Upon
the completion of such work, the total cost of such work shall be
determined and certified by the City Clerk. The certified amount with
the approval of the City Clerk endorsed thereon shall be transmitted
to the County Collector who shall assess the same as a special tax
against each lot or parcel of ground chargeable therewith in the name
or names of the owner or owners thereof.
D.
All
such special tax bills issued for such work shall be collectible by
suit brought by the City Attorney in the name of the City. Such special
tax bills and any action thereon shall be prima facie evidence of
the regularity of the proceedings for such special assessment, the
validity of the bill, the doing of the work and of the furnishings
of the materials charged for and of the liability of the property
to the charge stated in the bill, including the costs of bringing
the action as a part of the cost of doing the work. Each special tax
bill shall include a charge equaling the actual cost incurred by the
City for inspecting the same, giving the notice and further for issuing
and recording the tax bill, including attorney's fees. Such tax bills,
if not paid within thirty (30) days after issuance, shall bear interest
at the rate of eight percent (8%) per annum.
[Ord. No. 2731 §1, 9-15-2009]
A.
Disposal
of special waste and other waste shall be in accordance with Missouri
State law.
B.
Any
person desiring to dispose of special waste from a residence within
the City shall contact the City's licensed waste hauler for an inspection
appointment. An employee of the waste hauler shall examine the special
waste at the scheduled time and determine the most appropriate method
of removal and will either arrange for removal or refer the resident
to the appropriate removal entity. Removal of special wastes shall
be at the resident's expense. Any person, whether residential or non-residential,
desiring to dispose of special waste consisting of explosive and incendiary
material such as ammunition, blasting caps and dynamite shall be removed
under the supervision of the Police Department or by an agency designated
by the Police Department.
C.
Any
resident desiring to dispose of major appliances/large household items
shall contact the City's licensed waste hauler to arrange for removal
in compliance with the license agreement with the waste hauler. Storage
of major appliances/large household items outdoors prior to collection
shall be in compliance with the time frames and conditions of this
Code and be rendered safe (e.g., refrigerator and freezer doors shall
be removed) and have all lockable doors or latches removed or locked.
[Ord. No. 2731 §1, 9-15-2009]
A.
The
City may make periodic inspections as necessary to ensure compliance
with this Chapter and the terms of any permit or license issued. Failure
of the waste haulers or their agents or employees to cooperate with
the City inspections or to comply with the statements in the license
or permit applications or agreements or with the provisions of any
license may result in immediate revocation by the Mayor of any license
or permit issued under this Chapter.
B.
Subject
to all applicable legal requirements, the City shall have the right
of entry for inspection to ensure compliance with the authorization
granted by the City and to ensure the public health, safety and welfare.
For a violation of the terms of the authorization of the City or for
a condition which threatens the health, safety and welfare of the
residents of the City, the City shall notify the owners or their agents
to correct such violation. If the owners or their agents fail to correct
such violation within twenty-four (24) hours, the City is authorized
to enter the property and, with the owner's equipment and employees
or with City owned equipment and employees or with other contracted
services or in conjunction with other governmental authorities, do
such work, as is necessary, to correct such violation. The cost of
such work shall be a special tax on the property and will be collectable
in the manner provided by law.
