[Ord. No. 839 §1, 4-19-1977; Ord. No. 93-12 §1, 6-15-1993]
For the purposes of this Chapter the following terms shall be
deemed to have the meanings indicated below:
An incinerator which complies with all current regulations
of the responsible local and State air pollution control agencies.
The Gentry County Sanitary Landfill Board as authorized by
the joint agreement between the Cities of Stanberry, King City and
Albany and the City of Grant City, if such City is so joined in the
agreement.
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 Albany, 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.
The solid waste hauler selected by the City to collect recyclables
for recycling.
A location adjacent to and not more than five (5) feet from
any street.
Disposable plastic or paper sacks with a capacity of twenty
(20) to thirty-nine (39) gallons specifically designated 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.
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.
Including but not limited to pathological wastes, explosive
wastes, pesticides, pesticide containers, toxic or radioactive materials.
Includes but is not limited to 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, discarded biologicals known
or suspected to be infectious.
Washers and dryers, water heaters, trash compactors, dishwashers,
microwave ovens, conventional ovens, ranges, stoves, wood stoves,
air-conditioners, refrigerators, freezers, dehumidifiers and humidifiers.
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 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.
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.
Incinerator, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
Any material that the City designates as a recyclable including
but not limited to the following:
Group 1 recyclables. Plastic, aluminum, tin
and glass as described herein.
Recyclable plastic. Any food or household chemical
container with a narrow neck which has the number (1) or (2) on the
bottom on side. By way of example, the following plastic containers
are recyclable plastic: Pop/soda, milk, water, juice, syrup, ketchup,
cooking oil, shampoo, conditioner, cosmetics, pill bottles, lotions,
liquid laundry detergent, bleach, fabric softener, liquid dish detergent,
liquid household cleaners (window, bathroom and kitchen cleaner),
windshield washer and antifreeze. Recyclable plastic does not include
caps, pumps and rings which may be a part of the original plastic
container and does not include those items contaminated with a petroleum
based oil or lubricant or with a hazardous chemical. Those items are
regarded as non-recyclable solid waste.
Recyclable aluminum products. Consist of all
one hundred percent (100%) aluminum drink cans. Beverage containers
with only aluminum tops or bottoms are not recyclable.
Recyclable tin products. Include food containers
such as soup, vegetables, fruit and juice containers.
Clear, amber and green glass containers are recyclable. The following glass items are not recyclables: milk white glass,
window glass, plate glass, light bulbs, fluorescent bulbs, crystal
and stoneware. Plastic lids and rings which are a part of the original
glass products container are not recyclable.
Group 2 recyclables. Newspaper, cardboard,
corrugated boxes, magazines, telephone books, catalogs, cereal boxes,
computer paper, office paper, all clean paper and any other similar
paper products hereafter identified as recyclable. Non-recyclable
paper products include but are not limited to plastic coated paper,
cellophane, plastic storage boxes and styrofoam products.
Group 3 solid waste. All solid waste not included
as Group (1) and (2) recyclables, including non-recyclable items not
prohibited from disposal at a disposal area approved by the City.
Solid waste.
Solid waste resulting from the maintenance and operation
of dwelling units.
Unwanted or discarded waste materials in a solid or semi-solid
state, including but not limited to, garbage, ashes, street refuse,
rubbish, dead animals, animal or agricultural wastes, yard wastes
but not including recyclables and compostables.
Receptacle used by any person to store solid waste during
the interval between solid waste collection.
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 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.
Grass clippings, leaves, tree trimmings.
[Ord. No. 839 §2, 4-19-1977; Ord. No. 93-12 §2, 6-15-1993]
A.
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.
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. Accumulation
of waste in suitable containers shall not be stored upon residential
or commercial establishments for a period longer than ten (10) days.
C.
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 light weight and sturdy construction. the
weight of any individual container, including bags and its contents,
shall not exceed seventy-five (75) pounds. Galvanized metal containers,
of 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.
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 245.070.
E.
Solid
waste containers which are not approved will be collected together
with their contents and disposed of.
[Ord. No. 839 §3, 4-19-1977; Ord. No. 93-12 §3, 6-15-1993]
A.
The
City shall provide for the collection of solid waste as follows:
1.
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.
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 the City.
If and when the City does provide commercial collection service, the
provisions herein concerning such service shall apply.
B.
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 transportation equipment.
C.
Solid
waste containers as required by this Chapter for the storage of residential
solid waste shall be placed at the curb for collection but shall not
be so placed until after 6:00 P.M. on the day next preceding the regularly
scheduled collection day. Containers shall be removed from the curb
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.
Individuals
desiring the collection of bulky rubbish shall deal directly with
those licensed by the City for the collection of the same.
E.
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 Section. Solid waste collectors
shall not enter dwelling units or other residential buildings for
the purpose of collecting residential solid waste.
F.
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.
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.
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.
The
following collection frequencies shall apply to collections of solid
waste within the City: All residential solid waste, other than bulk
rubbish, shall be collected at least once weekly. At least four (4)
days shall intervene between collections. 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.
Residential solid waste containers shall be stored upon the residential premises. Except as provided in Subsection (C), 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.
All solid waste collectors, operating under a contract with the City, or otherwise, shall be responsible for the collection of solid waste from the point of collection to the point of disposal provided the solid waste was stored in compliance with Section 245.020. 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.
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.
[Ord. No. 839 §4, 4-19-1977; Ord. No. 93-12 §4, 6-15-1993]
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 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.
Permits
shall not be required for the removal, hauling or disposal of earth
and rock material from grading or excavation activities. However,
all such material shall be conveyed in tight vehicles, trucks or receptacles,
so constructed and maintained that none of the material being transported
shall spill upon the public rights of way.
[Ord. No. 839 §5, 4-19-1977; Ord. No. 93-12 §5, 6-15-1993]
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
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 holding
permits under this Chapter.
B.
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.
[Ord. No. 839 §6, 4-19-1977; Ord. No. 93-12 §6, 6-15-1993]
A.
No
person, including any person contracting with the City through the
City for the collection of solid waste, 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. Permits to be approved by the City Administrator.
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 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 thereof, 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
an amount of not less than fifty thousand dollars ($50,000.00) for
damage to property. 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 City 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
the duty to give such notice. Any subcontractor shall provide insurance
coverage in like amount as is required of the contractor.
C.
Each
applicant for any such permit shall state in his 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.
If for processing or disposal, a copy of a permit issued by the State
of Missouri; and
7.
Such other information as required by the City.
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 is in conformity with the laws of
the State of Missouri, and this Chapter and is approved by the City,
the City Clerk shall upon receiving the City Administrator's written
approval of application, issue the permit authorized by this Section.
The permit shall be issued for a period of one (1) year, and each
applicant shall pay therefor a fee of one hundred dollars ($100.00)
for each solid waste processing or disposal facility to be operated
and a fee of twenty-five dollars ($25.00) for each transportation
vehicle to be used. If, in the opinion of the City Administrator,
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 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 application, provided that all aspects of the reapplication comply with the provisions of this Chapter.
F.
The annual permit may be renewed simply upon payment of the fee or fees as designated herein if the business has not been modified. If modifications have been made, the applicant shall reapply for a permit as set forth in Subsection (B) and (C) of this Section. No permits authorized by this Section shall be transferrable 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 all phases of solid waste management within
the City of Albany. No inspection shall be made of any residential
waste 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 shall issue notice
for such violation stating therein the violation or violations found,
the time and date 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 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.
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 Gentry County, in writing, setting forth in a concise
statement the act being appealed and the grounds for its reversal.
[Ord. No. 839 §7, 4-19-1977; Ord. No. 93-12 §7, 6-15-1993; Ord. No. 06-01 §1, 1-3-2006]
A.
The
Board shall make, amend, revoke and enforce reasonable and necessary
rules and regulations, governing, but not limited to:
1.
Preparation, drainage and wrapping of garbage deposited in solid
waste containers.
2.
Specifications for solid waste containers, including the type, composition,
equipment, size and share 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 on 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 toxic wastes, sludges, ashes,
agriculture, construction, bulky items, tires, automobiles, oils,
greases, etc.
B.
The
City Clerk or such other City Official who is responsible for preparing
utility and 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.
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.
D.
(Reserved)
[Ord. No. 839 §8, 4-19-1977; Ord. No. 93-12 §8, 6-15-1993]
A.
It
shall be unlawful for any person to:
1.
Deposit solid waste in any solid waste container other than his 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.
Interfere in any manner with solid waste collections 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.
Dispose of solid waste at any facility or location which is not approved
by the City and the Missouri Division of Health;
4.
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. 839 §9, 4-19-1977; Ord. No. 93-12 §9, 6-15-1993; Ord. No. 95-10 §1, 5-2-1995; Ord. No. 97-12 §1, 5-20-1997; Ord. No. 04-10 §1, 5-4-2004; Ord. No. 07-04 §1, 4-3-2007; Ord.
No. 09-15 §§1 — 5, 3-16-2010]
A.
There
is hereby imposed for the collection and disposal of solid wastes
and for the improvement of the general public and environment, a service
charge for each dwelling unit to which such service shall be provided
under the provisions of this Chapter. Said service charge shall be
provided under the provisions of this Section. Said service charge
shall be fifteen dollars ($15.00) per month per dwelling unit, effective
April 21, 2022.
[Ord. No. 19-09, 5-21-2019; Ord.
No. 22-03, 4-19-2022]
B.
Any
dwelling unit which meets the following guidelines may make application
to the City for a reduced rate of thirteen dollars fifty cents ($13.50)
per month, effective April 21, 2022.
[Ord. No. 19-09, 5-21-2019; Ord.
No. 22-03, 4-19-2022]
C.
The
system of services established by the provisions of this Chapter hereof
is designated is an integral part of the City's program of Health,
Sanitation and General Welfare, to be operated as an adjunct to the
City's system for providing all manner of utilities services. The
City may enforce collection of such charges by bringing proper legal
action against the occupant of any premises which has received such
services, 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.
D.
The
service charge herein provided for is hereby imposed upon the occupant
of each occupied dwelling unit and the billing therefor shall be made
to the person contracting for City utilities of any kind to each such
dwelling unit. In the event a dwelling unit is not serviced by City
utilities or in the absence of information that such person is neither
the owner or the tenant of such dwelling unit, then billing therefor
shall be made to the owner. Service charges shall be payable to the
City of Albany, Missouri.
E.
The
Cities shall include the foregoing service charge on its utility bill
as a separate charge, which shall be paid on or before the fifteenth
(15th) of the following month.
F.
The
Cities shall provide any contractor hereunder with a monthly statement
showing the number of dwelling units, together with all additions
and deletions.
[Ord. No. 839 §10, 4-19-1977; Ord. No. 93-12 §10, 6-15-1993]
A.
Collection
of solid waste from multiple dwelling units and commercial establishments
shall be done in the manner provided in this Chapter.
B.
No
person may haul multiple dwelling or commercial establishment solid
waste to a residence and place the same with the residential solid
waste for collection. Such an act shall be considered a misdemeanor
and violators shall be subject to the penalties set out hereafter.
Each such act shall be deemed a separate offense.
[Ord. No. 839 §11, 4-19-1977; Ord. No. 93-12 §11, 6-15-1993]
The Mayor or his designated representative shall serve on the
Gentry County Sanitary Landfill Board, along with Mayors from other
Cities who have joined in the joint agreement heretofore entered into
and adopted by Ordinance No. 837 and said joint agreement is incorporated
herein by reference. The Board shall have those powers and duties
set out in the joint agreement, together with the powers and duties
provided in this Chapter.
[Ord. No. 839 §12, 4-19-1977; Ord. No. 93-12 §12, 6-15-1993]
The City Clerk shall perform the necessary ministerial duties
which shall be required under this Chapter in regard to the issuing
of licenses and monthly accounting and payments to any City contractor
hereunder.
[Ord. No. 839 §13, 4-19-1977; Ord. No. 93-12 §13, 6-15-1993]
Any person violating any of the provisions of this Chapter,
or any lawful rules and regulations promulgated pursuant thereto,
upon conviction, shall be punished by a fine of not less than five
dollars ($5.00), nor more than five hundred dollars ($500.00); provided,
that each day's violation thereof shall be a separate offense for
the purpose hereof.
[Ord. No. 93-12 §14, 6-15-1993]
Each person obtaining a permit to collect, transport, process
or dispose of solid waste within the corporate limits of the City
of Albany shall post with the City a five thousand dollar ($5,000.00)
performance and payment bond with a corporate surety. Any person under
contract with the City to collect, transport, process or dispose of
solid waste shall post with the City a fifteen thousand dollar ($15,000.00)
performance and payment bond with a corporate surety.
