[R.O. 2016 § 245.010; CC 1994 § 39.010]
For the purposes of this Chapter
the following terms shall be deemed to have the meaning indicated
below:
An incinerator which complies with all current regulations
of the responsible local, State, and Federal air pollution control
agencies.
Non-putrescible solid wastes consisting of combustible and/or
non-combustible waste material from dwelling units, commercial, industrial,
institutional, or agricultural establishments which are either too
large or too heavy to be safely and conveniently loaded in solid waste
transportation vehicles by solid waste collectors, with the equipment
available therefor.
Removal of solid waste from the designated pickup location
to the transportation vehicle.
The Hazardous Waste Management Commission of the State of
Missouri created by Sections 260.350 to 260.430, RSMo.
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 Administrator.
Disposable plastic bags with a capacity of twenty (20) to
thirty-five (35) gallons specifically designed for storage of solid
waste.
Any room or group of rooms located within a structure, and
forming a single habitable unit with facilities which are used, or
are intended to be used, for living, sleeping, cooking, and eating.
Any waste or combination of wastes, as determined by the
Commission by rules and regulations, which, because of its quantity,
concentration, or physical, chemical, or infectious characteristics
may cause or significantly contribute to an increase in mortality
or an increase in serious irreversible, or incapacitating reversible,
illness, or pose a present or potential threat to the health of humans
or the environment.
A housing facility containing more than one (1) dwelling
unit under one (1) roof.
Any person who, alone, or jointly or severally with others,
shall be in actual possession of any dwelling unit or of any other
improved property, either as owner or as a tenant.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, political
subdivision, or organization of any kind, or their legal representative,
agent, or assigns.
Incinerating, composting, baling, shredding, salvaging, compacting,
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
Unwanted or discarded waste materials in a solid or semisolid
state, including but not limited to garbage, ashes, street refuse,
rubbish, dead animals, animal and agricultural wastes, yard wastes,
discarded appliances, special wastes, industrial wastes, and demolition
and construction wastes.
COMMERCIAL SOLID WASTESolid waste resulting from the operation of any commercial, industrial, institutional, or agricultural establishment.
RESIDENTIAL SOLID WASTESolid waste resulting from maintenance and operation of dwelling units.
Receptacle used by any person to store solid waste during
the interval between solid waste collections.
The process of discarding or getting rid of unwanted material.
In particular the final deposition of solid waste by man.
The entire solid waste system of storage, collection, transportation,
processing, and disposal.
Keeping, maintaining, or storing solid waste from the time
of its production until the time of its collection.
The transporting of solid waste from the place of collection
or processing to a solid waste processing facility or solid waste
disposal area.
Leaves, grass clippings, yard and garden vegetation and Christmas
trees. The term does not include stumps, roots or shrubs with intact
root balls.
[R.O. 2016 § 245.020; CC 1994 § 39.020; Ord. No. 1307-19, 7-9-2019]
A.
The occupant or owner of every dwelling
unit and of every institutional, commercial or business, industrial
or agricultural establishment producing solid waste within the corporate
limits of the City, shall provide sufficient and adequate containers
as provided for herein for the storage of solid waste, bulky rubbish
and demolition and construction waste to serve each such dwelling
unit and/or establishment, and to maintain such containers at all
times in good repair.
B.
The occupant or owner of every dwelling unit shall place all solid waste to be collected in disposable solid waste containers as defined in Section 245.010, except as otherwise provided herein, and shall maintain such disposable solid waste containers and the area surrounding them in a clean, neat, and sanitary condition at all times.
C.
Except as otherwise provided for herein, residential solid waste shall be stored in disposable solid waste containers as defined in Section 245.010. The weight of any individual bag and contents shall not exceed seventy-five (75) pounds.
D.
The occupant or owner of every institutional,
commercial, industrial, agricultural or business establishment shall
store all solid waste in waste containers as approved by the City
Administrator. 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 this Code.
E.
Solid waste containers which do not meet
the specifications as outlined in this Code will be collected together
with their contents and disposed of.
[R.O. 2016 § 245.030; CC 1994 § 39.030; Ord. No. 1307-19, 7-9-2019]
A.
The City shall provide for the collection
of solid waste as follows:
1.
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.
2.
The City may, at its discretion,
provide commercial solid waste collection services upon specific application
of the owners or person in charge thereof. However, in the event that
such application is not made or approved, it shall be the duty of
such establishment to provide for collection of all solid waste produced
upon any such premises.
B.
Disposable solid waste containers as required
by this Chapter for the storage of other residential solid waste shall
be placed at the curb for collection. Any disposable solid waste containers
or other solid waste permitted by this Chapter to be placed at the
curb, or other location designated by the Director, for collection
shall not be so placed until the regularly scheduled collection day
or after 6:00 P.M. on the day preceding the regularly scheduled collection
day.
C.
Bulky rubbish shall be collected at least
once annually. The City Administrator shall establish the procedure
for collecting bulky rubbish.
D.
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
Chapter. Solid waste collectors shall not enter dwelling units or
other residential buildings for the purpose of collecting residential
solid waste. Commercial solid waste may be removed from within commercial
establishments upon written request of the owner and approval by the
City Administrator.
E.
The following collection frequencies shall
apply to collections of solid waste within the City: All residential
solid waste, other than bulky rubbish, shall be collected at least
once weekly.
F.
Disposable solid waste containers and commercial solid waste containers as required by Section 245.020(D) shall be stored upon private property unless the owners 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.
G.
Solid waste collectors employed by the
City or a solid waste collection agency operating under contract with
the City shall be responsible for the collection of solid waste from
the designated pickup location to the transportation vehicle, provided
the solid waste was stored in compliance with the provisions set forth
in this Chapter. Any spillage or blowing litter caused as a result
of the duties of the solid waste collector shall be collected and
placed in the transportation vehicle by the solid waste collector.
[R.O. 2016 § 245.040; CC 1994 § 39.040]
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 watertight bodies and with covers which shall be
an integral part of the vehicle or shall be a separate cover of suitable
material with fasteners designed to secure all sides of the cover
to the vehicle and shall be secured whenever the vehicle is transporting
solid waste, or, as an alternate, the entire bodies thereof shall
be enclosed, with only loading hoppers exposed. No solid waste shall
be transported in the loading hoppers.
B.
Permits shall not be required for the removal,
hauling, or disposal of earth and rock material from grading or excavation
activities; however, all such material shall be conveyed in tight
vehicles, trucks, or receptacles, so constructed and maintained that
none of the material being transported shall spill upon the public
rights-of-way.
C.
Demolition and construction wastes shall
be transported to a disposal area as provided in this Code. 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. 2016 § 245.050; CC 1994 § 39.050]
A.
Solid wastes shall be deposited at a processing
facility or disposal area approved by the City and complying with
all requirements of the Missouri State Statutes. The City may designate
the processing or disposal facility to be utilized by persons operating
under this Code.
B.
Hazardous wastes under provisions of this
Chapter will require special handling and shall be transported and
disposed of only in a manner authorized by State regulations.
[R.O. 2016 § 245.060; CC 1994 § 39.060]
A.
No person shall engage in the business
of collecting, transporting, processing, or disposing of solid waste
within the corporate limits of the City, without first obtaining an
annual permit therefor from the City; provided, however, that this
provision shall not be deemed to apply to employees of the holder
of any such permit.
B.
No such permit shall be issued until and
unless the applicant therefor, in addition to all other requirements
set forth, shall file and maintain with the City Administrator evidence
of a satisfactory public liability insurance policy, covering all
operations of such applicant pertaining to such business and all vehicles
to be operated in the conduct therefor, in the amount of not less
than one hundred thousand dollars ($100,000.00) for each person injured
or killed, and in the amount of not less than three hundred thousand
dollars ($300,000.00) 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 fifty thousand dollars ($50,000.00) for damage to property. Should
any such policy be canceled, the City Administrator shall be notified
of such cancellation by the insurance carrier in writing not less
than ten (10) days prior to the effective date of such cancellation,
and provisions to that effect shall be incorporated in such policy,
which shall also place upon the company writing such policy the duty
to give such notice.
C.
Each applicant for any such permit shall
state in the application therefor:
1.
The nature of the permit desired,
as to collect, transport, process, or dispose of solid waste or any
combination thereof.
2.
The characteristics of solid waste
to be collected, transported, processed, or disposed.
3.
The number of solid waste transportation
vehicles to be operated thereunder.
4.
The precise location or locations
of solid waste processing or disposal facilities to be used.
5.
Boundaries of the collection area.
6.
Such other information as required
by the City Administrator.
D.
If the application shows that the applicant
will collect, transport, process, or dispose of solid wastes without
hazard to the public health or damage to the environment and in conformity
with the laws of the State of Missouri and this Chapter, the City
Administrator may issue the permit authorized by this Chapter. The
City Administrator shall have the authority to limit the number of
annual permits 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. The permit shall be issued
for a period of one (1) year, and each applicant shall pay therefor
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 City Administrator shall notify the
applicant in writing setting forth the modification to be made and
the time in which it shall be done.
E.
If the applicant does not make the modifications pursuant to the notice in Subsection (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 City Administrator, 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 permit should the total number of annual permits have already been issued.
F.
The annual permit may be renewed upon payment
of the fee or fees as designated herein if the business has not been
modified, the collection vehicles meet the requirements of this Chapter,
and the renewal is approved by the City Administrator. If modifications
have been made, the applicant shall reapply for a permit as set forth
in this Chapter. No permits authorized by this Chapter shall be transferable
from person to person.
G.
In order to insure compliance with the
laws of this State, this Chapter and the rules and regulations authorized
herein, the City Administrator is authorized to inspect or cause to
be inspected all phases of solid waste management within the City
of Park Hills. 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 City Administrator 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.
H.
In all cases, when the corrective measures
have not been taken within the time specified, the City Administrator
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.
I.
In the event a permit is revoked and the
person continues to operate, the City Administrator 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.
J.
Any person who feels aggrieved by any notice
of violation or order issued pursuant thereto of the City Administrator
may, within thirty (30) days of the act for which redress is sought
appeal directly to the Circuit Court of St. Francois County, Missouri,
in writing, setting forth in a concise statement the act being appealed
and the ground for its reversal.
K.
All motor vehicles operating under any
permit required by this Chapter shall display the number or numbers
on each side in colors which contrast with that of the vehicle, such
numbers to be clearly legible and not less than three (3) inches high.
Each permit for processing or disposal facilities shall be prominently
displayed at the facility.
[R.O. 2016 § 245.070; CC 1994 § 39.070]
A.
The City Administrator shall, with Council
approval, make, amend, revoke, and enforce reasonable rules and regulations,
governing, but not limited to:
1.
Preparation, drainage, and wrapping
of garbage deposited in solid waste containers.
2.
Specifications for solid waste containers,
including the type, composition, equipment, size, and shape thereof.
3.
Identification of solid waste containers
and of the covers thereof, and of equipment thereto appertaining,
if any.
4.
Weight limitations on the combined
weight of solid waste containers and the contents thereof, and weight
and size limitations 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.
10.
Processing facilities and fees for
the use thereof.
11.
Disposal facilities and fees for
the use thereof.
12.
Records of quantity and type of wastes
received at processing and/or disposal facilities.
13.
Handling of special wastes such as
sludges, ashes, agriculture, construction, bulky items, tires, automobiles,
oils, greases, etc.
[R.O. 2016 § 245.080; CC 1994 § 39.080]
A.
It shall be unlawful for any person to:
1.
Deposit solid waste in any solid
waste container other than his/her own, without the written consent
of the owner of such container.
2.
Fail to have solid waste collected
as provided in this Chapter.
3.
Interfere in any manner with solid
waste collection and transportation equipment, or with solid waste
collectors in the lawful performance of their duties as such, whether
such equipment or collectors shall be those of the City, or those
of a solid waste collection agency operating under contract with the
City.
4.
Burn solid waste unless an approved
incinerator is provided or unless a variance has been obtained from
the appropriate air pollution control agency. Burning of yard waste
may be permitted by the City from time to time.
5.
Dispose of solid waste at any facility
or location which is not approved by the City and the Missouri Department
of Natural Resources.
6.
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.
[R.O. 2016 § 245.090; CC 1994 § 39.090]
Any person violating any of the provisions
of this Chapter, or any lawful rules or regulations promulgated pursuant
thereto, upon conviction, shall be punished by a fine of not 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. 2016 § 245.100; Ord. No. 129-97 §§ 1 — 2, 2-25-1997; Ord. No. 306-99 § 1, 12-14-1999; Ord. No. 416-02 § 1, 5-14-2002; Ord. No. 739-07 §§ 1
— 2, 7-10-2007; Ord. No. 780-08 §§ 1 — 2, 2-26-2008; Ord.
No. 1077-14 § 1, 6-10-2014]
A.
There is hereby imposed for collection
and disposal of solid waste, in order to protect the general public
health and environment, a service charge for each dwelling unit. The
service charge for collection of residential solid waste shall be
in the amount of thirteen dollars and twenty-five cents ($13.25) per
calendar month plus one dollar ($1.00) per bag for each bag exceeding
four (4) in any calendar week. Bags shall not exceed thirty-two (32)
gallons in capacity.
[Ord. No.
1351-20, 2-11-2020]
B.
The system of services established by the
provisions of this Section is designed as an integral part of the
City's program of health and sanitation. 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.
C.
The service charge herein provided for
is hereby imposed upon the occupant of each dwelling unit. Service
charges shall be payable to the department empowered to collect service
charges imposed by the City.
D.
The service charge will be billed monthly
with the water/sewer bill, and any dwelling or business that is billed
for water or sewer will also be billed for solid waste collection
whether or not the premises are occupied, and whether or not solid
waste is put out for collection. Service will be billed until a request
is received to discontinue utility service and the water is disconnected.
E.
Those dwelling units serviced by the City's
trash collection service but not receiving a monthly water/sewer charge
will be billed for trash collection by the City Collector. Service
for these units will be billed until a request is received to discontinue
service and will be terminated upon presentation of satisfactory proof
to the Director that any such dwelling unit or establishment is unoccupied,
and shall be recommenced upon renewed occupancy thereof.
F.
Bulk Trash Collection.
[Ord. No.
1389-20, 11-10-2020]
1.
There is hereby imposed for collection
and disposal of solid waste, in order to protect the general public
health and environment, a service charge for residential bulk trash
collection. The service charge for collection of residential bulk
trash shall be in the amount of ten dollars ($10.00) per collection,
payable in advance at the City Hall. Bulk trash collection service
will be offered the second full week of each month during the year
on the following schedule:
