For the purposes of this Chapter, the following terms shall
be deemed to have the meanings indicated below:
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 equipment
available therefor.
The City of Oak Grove, Missouri.
Removal of solid waste from its place of storage to the transportation
vehicle.
All solid waste generated from a source other than a dwelling
unit.
Such person, firm or corporation as may be contracted with
to provide solid waste transportation and disposal for the City.
A location adjacent to and not more than five (5) feet from
any street.
Disposable plastic or paper sacks with a capacity of twenty
(20) to thirty-nine (39) gallons or, if specifically designated for
storage of solid waste, a maximum of fifty-five (55) gallons.
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.
Units of multiple-housing facilities may be billed as dwelling units
upon request by the owner of said dwelling units.
Putrescible animal or vegetable wastes resulting from the
handling, preparation, cooking, serving or consumption of food.
Any waste or combination of wastes, as determined by the
Hazardous Waste Management Commission by rules and regulations, which,
because of its quantity, concentration or physical, chemical or infectious
characteristics, may cause or significantly contribute to an increase
in mortality or an increase in serious irreversible or incapacitating
reversible illness or pose a present or potential threat to the health
of humans or the environment.
Clothes washers and dryers, water heaters, trash compactors,
dishwashers, conventional ovens, ranges, stoves, wood stoves, air-conditioners,
refrigerators and freezers.
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 natural individual, firm, partnership, trust, association
or corporation. As applied to partnerships or associations, the word
includes the partners or members thereof; and as 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.
Items which are eliminated by State law from being disposed
of in a solid waste disposal area including, but not limited to, major
appliances, waste oil, lead acid batteries, waste tires and the like
as the same may be now or hereafter defined by State law.
Solid waste resulting from the maintenance and operation
of dwelling units.
Garbage, refuse and other discarded materials including,
but not limited to, solid and semi-solid waste materials resulting
from industrial, commercial, agricultural, governmental and domestic
activities, but does not include hazardous waste as defined in Sections
260.360 to 260.432, RSMo., recovered materials, overburden, rock,
tailings, matte, slag or other waste material resulting from mining,
milling or smelting. Solid waste does not include "Yard Waste" as defined herein.
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.
Keeping, maintaining or storing solid waste from 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.
[Ord. No. 1628 §1, 2-2-2009]
A.Â
The
occupant 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.
B.Â
The
occupant of every dwelling unit and of every institutional, commercial,
business, industrial or agricultural establishment shall place all
solid waste to be collected in proper solid waste containers and shall
maintain such solid waste containers and the area surrounding them
in a clean, neat and sanitary condition at all times.
C.Â
Residential
solid waste shall be stored in containers of not more than thirty-nine
(39) gallons nor less than twenty (20) gallons in nominal capacity,
except that residential solid waste may be stored in trash bags of
adequate strength in a size not to exceed fifty-five (55) gallons.
All containers, including bags, shall be leakproof and waterproof,
fly-tight and properly covered, tied or enclosed, except when depositing
waste therein or removing the contents thereof. Containers other than
bags shall have handles, bails or other suitable lifting devices or
features. Containers other than bags 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, including bags and its 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 in addition to bags. Disposable solid
waste containers with suitable frames or containers as approved by
the City may also be used for storage of residential solid waste.
Galvanized metal containers or rubber, fiberglass or plastic containers
with suitable frames or containers as approved by the City may also
be used for storage of residential solid waste.
D.Â
Commercial solid waste shall be stored in solid waste containers as approved by the Board. 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 230.060.
E.Â
Solid
waste containers which are not approved will be collected together
with their contents and disposed of.
[Ord. No. 1628 §2, 2-2-2009]
A.Â
The
City shall provide for the collection of solid waste as follows:
1.Â
Collection of residential solid waste. The City
shall provide for the collection of 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.Â
Other collections. The City may, at its discretion,
provide commercial solid waste collection services upon specific application
of the owners or persons 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 in a manner approved by City. If and
when the City does provide commercial collection service, the provisions
herein concerning such service shall apply.
B.Â
All
solid waste from premises to which collection services are provided
under contract with the City shall become the property of the collection
agency upon being loaded into the transportation equipment.
C.Â
Solid
waste containers as required by this Chapter for the storage of residential
solid waste shall be placed at curbside for collection but shall not
be so placed until after 6:00 P.M. on the day next preceding the regularly
scheduled collection day. Containers shall be removed from curbside
no later than 8:00 P.M. on the day of collection. No alley service
shall be allowed under the terms of this Chapter, except as approved
by the Board of Aldermen.
D.Â
Individuals
desiring the collection of bulky rubbish shall deal directly with
those licensed by the City for the collection of the same.
E.Â
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.
F.Â
It
shall be the responsibility of the occupants of each dwelling unit
to prepare, package and deliver solid waste to curbside for collection
as prescribed in this Chapter and as it may be amended from time to
time.
G.Â
It
shall be the responsibility of each commercial, industrial, institutional
or other non-residential generator of solid waste to prepare, package
and store solid waste so generated as prescribed by this Chapter and
as it may be amended from time to time.
H.Â
It
shall be the responsibility of every solid waste collector to abide
by this Chapter and receive and transport solid waste in a manner
consistent with the provisions of this Chapter.
I.Â
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. All commercial solid
waste shall be collected once weekly and shall be collected at such
lesser intervals as may be fixed by the Board upon a determination
that such lesser intervals are necessary for the preservation of the
health and/or safety of the public.
J.Â
Residential solid waste containers shall be stored upon the residential premises. Except as provided in Subsection (C) hereof, all solid waste containers stored out-of-doors shall be stored behind any building located on the tract of land. Commercial solid waste containers shall remain in the location from which they are to be serviced except while being serviced.
K.Â
All
solid waste collectors operating under contract with the City or otherwise
collecting solid waste within the City limits shall be responsible
for the collected solid waste from the point of collection to the
point of disposal, provided the solid waste was stored in compliance
with the applicable Sections of 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.
L.Â
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 9:00 P.M. and 7:00 A.M.
M.Â
Effective
May 1, 2009, it shall be unlawful for any person, firm or corporation
collecting residential solid waste to make such collection of residential
solid waste except on Monday or Tuesday of each week, except that
when any one (1) of the following Federal holidays occurs on a Monday
or Tuesday, collection of residential solid waste shall also be permitted
on Wednesday of that same week:
A.Â
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 alternative,
the entire bodies thereof shall be enclosed, with only loading hoppers.
Provided however, other vehicles may be used to transport bulky rubbish
which because of its size or weight is not susceptible to being loaded
or unloaded in vehicles described above, but in no event shall such
vehicles be operated without adequate cover or binding to prevent
spillage or waste therefrom and in accordance with the rules and regulations
made by the Board.
B.Â
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.
A.Â
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 260.255, RSMo. and
the rules and regulations adopted thereunder. The City may designate
the processing or disposal facility to be utilized by persons holding
permits under this Chapter.
B.Â
The
Board may classify certain wastes as hazardous wastes which will require
special handling and shall be disposed of only in a manner acceptable
to the Board which will meet all local, State and Federal regulations.
A.Â
The
Board may make, amend, revoke and enforce reasonable and necessary
rules and regulations governing, but not limited to:
1.Â
Preparation, drainage and wrapping of garbage deposited in solid
waste containers.
2.Â
Specifications for solid waste containers including the type, composition,
equipment, size and shape thereof.
3.Â
Identification of solid waste containers, and of the covers thereof,
and of equipment thereto appertaining, if any.
4.Â
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.
5.Â
Storage of solid waste in solid waste containers.
6.Â
Sanitation, maintenance and replacement of solid waste containers.
7.Â
Schedules of and routes for collection and transportation of solid
waste.
8.Â
Collection points of solid waste containers.
9.Â
Collection, transportation, processing and disposal of solid waste.
10.Â
Processing facilities and fees for the use thereof.
11.Â
Disposal facilities and fees for the use thereof.
12.Â
Records of quantity and type of wastes received at processing and/or
disposal facilities.
13.Â
Handling of special wastes such as toxic wastes, sludge, ashes, agriculture,
construction, bulky items, tires, automobiles, oils, greases, etc.
B.Â
The
City Clerk or such other City Official who is responsible for preparing
utility or other service charge billings for the City is hereby authorized
to make and promulgate reasonable and necessary rules and regulations
for the billing and collection of solid waste collection and/or disposal
service charges, as hereinafter provided for, subject to the approval
of the Board.
C.Â
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.
A.Â
It
shall be unlawful for any person to:
1.Â
Deposit solid waste in any solid waste container other than his/her
own without the written consent of the owner of such container and/or
with the intent of avoiding payment of the service charge hereinafter
provided for solid waste collection and disposal.
2.Â
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, those of a solid waste collection agency operating
under contract with the City or any duly licensed collector.
3.Â
Dispose of solid waste at any facility or location which is not approved
by the City and the Missouri Division of Health.
4.Â
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.
[Ord. No. 1498 §1, 11-28-2005; Ord.
No. 1811, 2-2-2015]
A.Â
Restricted.
The burning of solid waste is prohibited at all times, except when
solid waste is burned in a commercial incinerator which complies with
all current regulations of this City and the State, except as provided
in this Section. No person shall burn any combustible matter of any
kind on any asphaltic, concrete or brick paved street, alley, parkway,
boulevard or public place within the limits of the City.
B.Â
Time
Period For Burning Yard Waste. Within the corporate limits of the
City, the open burning of residential yard waste consisting of leaves
and brush less than three (3) inches in diameter from vegetation grown
on a residential property is permitted during the following calendar
periods and times of the day:
C.Â
Restrictions
On Burning Yard Waste. The burning of yard waste shall be conducted
as follows after obtaining a burning permit from the Fire District.
1.Â
All fires shall be in an upright cylindrical metal container no larger
in size than a fifty-five (55) gallon capacity drum, such container
to be located at least fifteen (15) feet away from any building.
2.Â
Fire-fighting material, including, but not limited to, a garden hose
or a container of water sufficient to contain any fire started under
this Section will be at the site of the burning.
3.Â
All fires shall be monitored from a point on the property where the
fire is located by a person capable of containing a fire should containment
become necessary.
4.Â
If the safety of the community or the public may be endangered, the
Fire Chief may invoke a temporary burning ban.
5.Â
If climatological conditions indicate open burning may create a health
hazard, the Codes Officer and Fire Chief may invoke a temporary burning
ban.
6.Â
Any person engaged in open burning in violation of this Section shall
be summonsed for a misdemeanor violation.
D.Â
This
Section shall not apply to fireplaces located wholly within a residence,
outdoor barbecues for the preparation of food or properly supervised
fires set for recreational or ceremonial purposes. Recreational and
ceremonial fires must first pass inspection of the Codes Officer and
Fire Chief.
