[R.O. 1996 § 230.010]
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, State and Federal air pollution control
agencies.
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 Gerald, 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.
Either a ninety-six-gallon cart for standard residential
collections or a thirty-five-gallon cart for seniors and/or disabled
residents.
[Ord. No.
775 §2, 3-24-2015]
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
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.
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, woodstoves, air
conditioners, refrigerators, and freezers.
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.
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.
Solid waste resulting from the maintenance and operation
of dwelling units.
Garbage, refuse and other discarded materials, including,
but not limited to, solid and semisolid 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.
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.
[R.O. 1996 § 230.020; Ord. No. 340 §5, 4-28-1992]
A.
The occupant or owner of every dwelling
unit shall be provided one (1) container by the contractor selected
by the City. The occupant or owner may request and pay for the ability
to receive and utilize a second or more container from the contractor.
[Ord. No.
775 §3, 3-24-2015]
B.
The occupant or owner 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 any site in the City for a period longer
than ten (10) days.
C.
All residential solid waste shall be stored
in one (1) or more containers consisting of ninety-six-gallon totes
for standard residential collection. Seniors and/or disabled persons
may request a thirty-five-gallon cart to be provided by the party
contracted by the City.
[Ord. No.
775 §3, 3-24-2015]
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 230.070.
E.
Solid waste containers which are not approved
will be collected together with their contents and disposed of.
F.
No person or persons shall burn or cause
to be burned any straw, hay, leaves, branches, or any vegetation waste,
without first obtaining a permit from the local Fire Department. The
burning of garbage, old tires, oily waste, trash, combustible materials,
lumber, paper, sweepings, or other materials that cause noxious fumes
is prohibited.
[R.O. 1996 § 230.030]
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 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
the 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
bulk 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
Chapter. 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) 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.
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.
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.
[R.O. 1996 § 230.035; Ord. No. 623 §2, 1-17-2008]
An administrative cost of one dollar
($1.00) per month shall be added to all trash collection bills handled
each month by the City Clerk's office. Such cost is to cover the actual
expense of labor, time, postage and other administerial acts performed
by the City Clerk's office.
[R.O. 1996 § 230.040]
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 alternative, the entire bodies thereof shall
be enclosed, with only loading hoppers; provided, however, other vehicles
may be used to transport bulk 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.
[R.O. 1996 § 230.050]
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 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.
[R.O. 1996 § 230.060]
A.
No person, including any person contracting
with 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 shall be approved by the City Clerk.
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. 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/her 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 issue the permit
authorized by this Chapter. 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 Clerk, 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 Clerk 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) hereof, 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 not create a public health hazard or be without harmful effects on the environment, the application shall be denied and the applicant notified by the City Clerk, 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.
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 Subsections (B) and (C). No permits authorized by this Chapter shall be transferable from person to person.
G.
In order to ensure compliance with the
laws of this State, this Chapter and the rules and regulations authorized
herein, the City Clerk is authorized to inspect all phases of solid
waste management within the City of Gerald. 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 concerning 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 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 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 not a 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 Clerk may
within thirty (30) days of the act for which redress is sought appeal
directly to the Circuit Court of Franklin County, in writing, setting
forth in a concise statement the act being appealed and the grounds
for its reversal.
[R.O. 1996 § 230.070]
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 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 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, bulk items,
tires, automobiles, oils, greases, etc.
B.
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.
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.
[R.O. 1996 § 230.080]
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 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 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.
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.
[R.O. 1996 § 230.090]
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 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.
[R.O. 1996 § 230.100]
The Board may require performance
or payment bonds of any solid waste collection agency prior to issuing
permits to so operate.
