Cross References — As to mosquito control, ch. 240; as to licenses and business regulations, ch. 605; as to streets and sidewalks, ch. 510; as to utilities, Title VII.
State Law Reference — Garbage and refuse collection and disposal, §§71.680, 71.690, RSMo.
[R.O. 2007 §14-1; Ord. No. 4789 §2, 1-3-1984; Ord. No. 6206 §1, 9-8-1999]
For the purposes of this Chapter, the following terms shall be deemed to have the meaning indicated below, including use elsewhere in these definitions.
- 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 transportation vehicles by solid waste collectors with the authorized equipment and approved receptacle properly in use at the time of proposed disposal.
- The City of Poplar Bluff, Missouri.
- Removal of solid waste from the designated pickup location to the transportation vehicle.
- DEMOLITION AND CONSTRUCTION
- 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 City planner or as the City Council otherwise directs.
- DISPOSABLE SOLID WASTE CONTAINER
- Disposable plastic or paper sacks with a capacity of thirty (30) 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 used, or which are intended to be used, for living, sleeping, cooking and eating.
- HAZARDOUS WASTE
- Any waste or combination of wastes which is determined by the Department of Natural Resources, pursuant to rules and regulations adopted by the Hazardous Waste Management Commission, 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.
- 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.
- 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, assigns, successors or fiduciaries.
- Incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.
- SOLID WASTE
- Unwanted or discarded waste materials in a solid or semi-solid state including, but not limited to, garbage, ashes, household refuse, street refuse, rubbish, dead animals, animal and agricultural wastes, discarded appliances, special wastes, trash, industrial wastes and demolition and construction waste.
- SOLID WASTE CONTAINER
- A water-tight, galvanized metal or durable plastic container equipped with a handle or handles to facilitate lifting and a tight-fitting lid of a capacity of thirty (30) gallons or less which, when containing solid waste, shall not weigh in excess of seventy-five (75) pounds.
- SOLID WASTE DISPOSAL
- The process of discarding or getting rid of unwanted material.
- SOLID WASTE MANAGEMENT
- 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.
- YARD WASTES
- Grass clippings, leaves, tree trimmings.
[R.O. 2007 §14-2; Ord. No. 4789 §2, 1-3-1984; Ord. No. 5947 §1, 1-6-1997]
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.
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 in nominal capacity. 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 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. Disposal solid waste containers with suitable frames or containers, as approved by the director, may also be used for storage of residential solid waste. Commercial type trash receptacles or dumpsters, which exceed the size and structure specifications contained in this paragraph, shall be prohibited in residential zoning districts except for use by multiple-housing facilities containing four (4) or more dwelling units and except for a period of time not exceeding six (6) months to allow for the reconstruction, rehabilitation, remodeling or demolition of a dwelling unit as defined in this Chapter.
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 Section 230.020(C).
Tree limbs less than four (4) inches in diameter and brush shall be securely tied in bundles not larger than forty-eight (48) inches long and eighteen (18) inches in diameter when not placed in storage containers. The weight of any individual bundle shall not exceed seventy-five (75) pounds and shall meet other requirements as set forth by Section 230.020(C).
Yard wastes shall be stored in containers so constructed and maintained as to prevent the dispersal of wastes placed therein upon the premises served, upon adjacent premises or upon adjacent public rights-of-way. The weight of any individual container and contents shall not exceed seventy-five (75) pounds.
Solid waste containers which do not meet the specifications as outlined in this Section will be collected together with their contents and disposed of.
[R.O. 2007 §14-3; Ord. No. 4789 §2, 1-3-1984; Ord. No. 4809 §1(a — b), 7-2-1984]
The City shall license the collection of all residential and commercial wastes in the City. As more specifically stated hereinafter, any charge for such licensed collection shall be determined by the properly licensed collector, without approval or control of the fee charged.
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 stated hereinafter.
Tree limbs and yard wastes, as described in Sections 230.020(E) and (F) shall be placed at the curb or other location designated by the director for collection. Solid waste containers as required by this Chapter for the storage of other residential solid waste shall be placed at the curb or other designated location for collection. Any solid waste containers, tree limbs, yard wastes or other solid waste permitted by this Chapter to be placed for collection shall not be so placed earlier than twenty-four (24) hours prior to the day of the regularly scheduled collection and shall be removed within twenty-four (24) hours after the day of the regularly scheduled collection.
Bulky Rubbish Shall Be Collected Twice Annually. The director shall establish the procedure for collecting bulky rubbish, consistent with the provisions stated hereinafter.
Solid waste collectors licensed by 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 request of the owner. Commercial containers shall be properly screened from residential areas.
All commercial and residential solid waste shall be collected at such intervals as is necessary for the preservation of the health or safety of the public.
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 and fully accessible to collection equipment, public health personnel and fire inspection personnel.
Solid waste collectors, operating under license 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.
[R.O. 2007 §14-4; Ord. No. 4789 §2, 1-3-1984]
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.
Permits shall not be required for the removal, hauling or disposal of earth and rock material from grading or excavation activities under this Chapter; 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. Nothing herein shall be taken to reduce, eliminate or modify other Chapters in this Code of Ordinances that relate to the removal, hauling or disposal of earth and rock material from grading or excavation activities.
Demolition and construction wastes shall be transported to a disposal area as provided in Section 230.050(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. Nothing herein shall be taken to reduce, eliminate or modify other Chapters in this Code of Ordinances that relate to the removal, hauling or disposal of demolition and construction waste.
[R.O. 2007 §14-5; Ord. No. 4789 §2, 1-3-1984]
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., and the rules and regulations adopted thereunder. The City may designate the processing or disposal facility to be utilized by persons operating under Section 230.060 of this Chapter, but only if the safety, health and welfare of the citizens of the City mandate such designation. In making such decision, the City may consider the location, availability and economic impact of the disposal facility.
Hazardous wastes are not addressed under these provisions and will require special handling and shall be disposed of only in a manner authorized by State regulations.
[R.O. 2007 §14-6; Ord. No. 4789 §2, 1-3-1984; Ord. No. 4809 §1(c — d), 7-2-1984; Ord. No. 5228 §1, 12-5-1988; Ord. No. 6163 §1, 4-19-1999]
No persons shall engage in collecting, transporting, processing or disposing of solid waste within the corporate limits of the City without first obtaining a license therefor from the City; provided however, that this provision shall not be deemed to apply to employees of the holder of any such license.
No such license shall be issued until and unless the applicant therefor, in addition to all other requirements set forth, shall file and maintain with the director evidence of a satisfactory vehicle liability insurance policy, covering all vehicles to be operated by the applicant in such business, 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 five hundred thousand dollars ($500,000.00) 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 twenty-five thousand dollars ($25,000.00) for damage to property. Alternatively, an applicant may obtain a combined single limit policy of not less than five hundred thousand dollars ($500,000.00) with an umbrella policy covering personal injury and property damage in an amount not less than one million dollars ($1,000,000.00). Such policy may be written to allow the first one thousand dollars ($1,000.00) of liability for damage to property to be deductible. Should any such policy be canceled, the director 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.
Each applicant for any such license shall state in his/her application therefor:
The nature of the license desired as to collect, transport, process or dispose of solid waste or any combination thereof;
The characteristics of solid waste to be collected, transported, processed or disposed;
The number of solid waste transportation vehicles to be operated thereunder;
The precise location or locations of solid waste processing or disposal facilities to be used;
Boundaries of the collection area; and
Such other information as required by the director.
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 director may issue the license authorized by this Chapter. The City Council shall have the authority to limit the number of licenses issued under this Section in order to preserve the health, comfort, safety and welfare of the residents, to promote energy conservation and to provide for collection and disposal consistent with good solid waste management practices. In making such limitation, the Council may take into consideration the economic stability of any applicant, such applicant's history in business operations and the applicant's experience in solid waste collection and disposal or the lack thereof. The license shall be issued for a period of one (1) year and each applicant shall pay a fee of fifty dollars ($50.00) for each solid waste processing or disposal facility to be operated and a fee of five dollars ($5.00) for each transportation vehicle to be used. If 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 Chapter, the director shall notify the applicant in writing setting forth the modification to be made and the time in which it shall be done.
If the applicant does not make the modifications pursuant to the notice in Section 230.060(D) within the time limit specified therein or if the application does not clearly show that the collection, transportation, processing or disposal of solid wastes will 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/her application, provided that all aspects of the reapplication comply with the provisions of this Chapter. Nothing in this Section shall prevent the denial of a license should the total number of annual licenses already issued jeopardize the health, safety and welfare of the citizens as provided for in Section 230.060(D).
If, at any time during the twelve (12) month license period, the licensee materially modifies business operations or the licensee's collection vehicles do not meet the requirements of Section 230.040 of this Chapter, the City Council may revoke such license and cause the rebidding of solid waste collection services provided for in Section 230.090 hereof. No licenses authorized by this Chapter shall be transferable from person to person without the prior written consent and approval of the City Council.
In order to ensure compliance with the laws of this State, this Chapter and the rules and regulations authorized herein, the director is authorized to inspect all phases of solid waste management within the City. 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 director shall issue notice for each such violation, stating therein the violation or violations found, the time and date and the correct measure to be taken, together with the time in which such corrections shall be made.
In all cases, when the corrective measures have not been taken within the time specified, the director shall suspend or revoke the licenses 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.
In the event a license is revoked and the person continues to operate, the director 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.
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 Circuit Court of Butler County, Missouri, in writing, setting forth in a concise statement the act being appealed and the grounds for its reversal. Essentially, such writing and action shall be in accordance with Sections 536.063 et seq., RSMo., and as may be amended from time to time.
All motor vehicles operating under any license required by this Chapter shall display the licensee's 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 license issued for processing or disposal facilities shall be prominently displayed at the facility.
[R.O. 2007 §14-7; Ord. No. 4789 §2, 1-3-1984; Ord. No. 4809 §1(e), 7-2-1984]
To the extent not specifically provided for in this Chapter, the director 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 and routes for collection and transportation of solid waste;
Collection points of solid waste containers;
Collection, transportation, processing and disposal of solid waste;
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.
[R.O. 2007 §14-8; Ord. No. 4789 §2, 1-3-1984]
It shall be unlawful for any person to:
Deposit solid waste in any solid waste container other than his/her own without written consent of the owner of such container;
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 license from 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;
Dispose of solid waste at any facility or location which is not approved by the City and the Missouri Department of Natural Resources;
Engage in collecting, transporting, processing or disposing of solid waste within the corporate limits of the City without a license from the City or operate under an expired license or operate after a license has been suspended or revoked;
[R.O. 2007 §14-9; Ord. No. 4809 §1(f), 7-2-1984]
The City shall cause the expiration of all licenses to collect, transport and dispose of solid waste to occur on the same day of each year.
The licensed collectors shall determine the cost of the services the licensed collector renders.
The consumer will determine the frequency and fashion of collection as long as such choice is not contrary to the provisions of this Section.
Nothing to the contrary herein withstanding, the City may, at any time, determine that the frequency and fashion of solid waste collection is inadequate and detrimental to the public health, safety or welfare. In that event, the City shall determine and direct the appropriate fashion and frequency for the consumers' disposal of solid waste.
It shall be unlawful for any person to fail to pay for the collection, transportation and disposal of solid waste by a licensed provider of such services.
It shall be unlawful for any person to fail to contract for the collection, transportation and disposal of solid waste with a licensed provider of services except as provided by Statute.
[R.O. 2007 §14-13]
Generally. The owner or occupant of any store or other place of business situated within the City shall exercise reasonable diligence at all times to keep his/her premises clean of waste paper, wrapping paper, paper napkins, cartons, package containers and other used or waste materials thrown or left on said premises by its customers and to take reasonable measures to prevent same from drifting or blowing to adjoining premises.
Receptacle. At least one (1) receptacle of sufficient size for each five (5) parking spaces shall be placed on the premises accessible to the customers of such business where the above referred to articles of waste may be disposed of.
Signs. Each and every business establishment shall place upon its premises in a conspicuous place or places in close proximity to the receptacle or receptacles above referred to a sign or signs which shall, in essence, convey to its customers a request that they use such receptacles for the disposal of waste material.
[R.O. 2007 §14-14]
It shall be unlawful for any customer going upon the premises of another to in any manner dispose of waste paper, wrapping paper, paper napkins, cartons, package containers and other used or waste materials except in receptacles provided for such purposes.
[R.O. 2007 §14-15; Ord. No. 3469 §1, 8-7-1967]
No person shall place any garbage can or trash can or barrel on any property belonging to the City or on any public property.
[R.O. 2007 §14-16; Ord. No. 3469 §2, 8-7-1967]
No person shall place and no person in possession of real estate shall allow any garbage or trash cans or barrels to remain in the front yard of any residence or at any place near the front entrance to a business establishment unless said cans or barrels are kept within a wooden, metal or plastic enclosure, which enclosure must be completely enclosed on all sides.
[R.O. 2007 §14-18; Ord. No. 4789 §2, 1-3-1984]
Nothing in this Chapter shall be deemed to affect, modify, amend or repeal any provision of any ordinance administered by the Butler County Health Department or other department, board, commission or agency of Butler County or the City of Poplar Bluff unless that ordinance is specifically repealed in Section 230.110.