[Ord. No. 935 §I, 1-2-1979]
For the purpose of this Chapter, the following terms shall be deemed to have the meanings indicated below:
- APPROVED INCINERATOR
- An incinerator which complies with all current regulations of the Missouri Air Conservation Commission.
- BULKY RUBBISH
- Non-putrescible solid wastes consisting of combustible and/or non-combustible waste materials from dwelling units, commercial, industrial, institutional, or agricultural establishment which are either too large or too heavy to be safely and conveniently loaded in solid waste collection vehicles by solid waste collectors, with the equipment available therefor.
- The City of Pleasant Valley, Missouri.
- Removal and transportation of solid waste from its place of storage to its place of processing or disposal.
- A container as required herein shall be not more than thirty-five (35) gallons capacity and of water-tight construction with a tight-fitting lid, and tapered sides with handles sufficiently strong for workmen to empty conveniently, and weighing, with contents, not more than fifty (50) pounds, and be maintained in good sanitary condition. Disposable bags as approved by the City may be used.
- DEMOLITION AND CONSTRUCTION WASTE
- Waste material from the construction or destruction of residential, industrial or commercial structures.
- The Director of the Solid Waste Management Program of the City is to be designated by the Board of Aldermen, and may issue orders and supervise functions hereinafter reserved to the City.
- DWELLING UNIT
- 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.
- Putrescible animal or vegetable wastes resulting from the handling preparation, cooking, serving, or consumption of food.
- HAZARDOUS WASTES
- 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.
- MULTIPLE HOUSING FACILITY
- A housing facility containing more than one (1) dwelling unit under one (1) roof.
- Any person who, alone or jointly or severally with others, shall be in actual possession of any dwelling unit or of any other improved real property, either as owner or as a tenant.
- Any individual, partnership, corporation, association, institution, City, County, other political subdivision, authority, state agency or institution, or federal agency or institution.
- Incinerating, composting, baling, shredding, salvaging, compacting, and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.
- Solid waste.
- SOLID WASTE
- 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, Missouri Revised Statutes, recovered materials, overburden, rock, tailings, matte, slag or other waste material resulting from mining, milling or smelting.
- SOLID WASTE CONTAINER
- Receptacle used by any person to store solid waste during the interval between solid waste collections.
- SOLID WASTE DISPOSAL
- The process of discarding or getting rid of unwanted material. In particular the final disposition of solid waste by man.
- SOLID WASTE MANAGEMENT
- The entire solid waste system of storage, collection, transportation, processing and disposal.
- Keeping, maintaining or storing solid waste from the time of its production until the time of its collection.
- YARD WASTES
- 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. 935 §II, 1-2-1979; Ord. No. 1546 §1, 4-1-1991]
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.
The occupant of every dwelling unit and of every institutional, commercial, industrial, agricultural or business establishment shall place all solid waste to be collected in proper solid waste containers, except as otherwise provided herein, and shall maintain such solid waste containers and the area surrounding them in a clean, neat, and sanitary condition at all times.
Containers shall be leakproof, waterproof, and fitted with a fly-tight lid and shall be properly covered at all times except when depositing waste therein or removing the contents thereof. The containers shall have handles, bails, or other suitable lifting devices or features. Containers shall be of a type originally manufactured for residential solid waste, with tapered sides for easy emptying. They shall be of light weight and sturdy construction. The weight of any individual container and contents shall not exceed fifty (50) pounds. Galvanized metal containers, rubber or fiberglass containers and plastic containers which do not become brittle in cold weather, may be used.
Multi-family and commercial solid waste shall be stored in solid waste containers as approved by the Board of Aldermen. 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 225.060 of this Chapter. Multi-family and commercial solid waste containers shall have a permanent masonry or frame enclosure around them.
Tree limbs less than four (4) inches in diameter and brush shall be securely tied in bundles not larger than forty-eight (48) inches long and eighteen (18) inches in diameter when not placed in storage containers. The weight of any individual bundle shall not exceed fifty (50) pounds.
Yard wastes shall be stored in disposable containers maintained as to prevent the dispersal of wastes placed therein upon the premises served, upon adjacent premises, or upon adjacent public rights-of-way.
Solid waste containers which are not approved will be collected together with their contents and disposed of.
[Ord. No. 935 §III, 1-2-1979]
The City shall provide for the collection of all solid waste in the City, provided however, that the City may provide the collection service by contracting with a person, County, or other City, by licensing independent contractors, or a combination thereof, for the entire City or portions thereof, as deemed to be in the best interests of the City.
All solid waste from premises to which collection services are provided by the City shall be collected, except bulky rubbish as defined herein, provided however, that bulky rubbish will be collected if tied securely in bundles not exceeding reasonable limitations of weight and bulk to be fixed by regulations to be made and promulgated by the City as hereinafter provided. All solid waste collected shall, upon being loaded into collection equipment, become the property of the collection agency.
Tree limbs and yard wastes, as described in Section 225.020, Subsections (E) and (F), shall be placed at the curb for collection. Thorn bushes and vines shall be bundled separately from other types of yard waste. Solid waste containers, as required by this Chapter for the storage of other residential solid waste shall be placed at the curb for collection.
Bulky rubbish shall be collected by request to the contractor. The contractor shall establish the procedure and collect his/her fees for collecting bulky rubbish.
Solid waste collectors, licensed 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.
The following collection frequencies shall apply to collections of solid waste within the City:
All residential solid waste, other than bulky rubbish, should be collected at least once weekly. At least one hundred sixty (160) hours shall intervene between collections.
In the event that certain rubbish is too large to fit into the container and is not detrimental to health or sight and is not subject to foul or offensive odors, such rubbish may be placed on the curb for collection.
All garbage and rubbish shall be deposited in containers, as defined herein, before collection, except such other items exclusive of garbage may be placed by householder on the curb for collection as long as they are too large to fit into the said container and are not detrimental to the health and are not subject to foul, offensive odors. The householder shall not place or allow said garbage or rubbish or container in front of the front building line prior to 7:00 P.M. on the day preceding the collection of same and shall not leave such container in front of the front building line after 7:00 P.M. on the day of collection.
It shall be unlawful for any person or persons, not duly authorized, as provided herein, to tamper with, overturn, remove, or destroy any garbage or rubbish container mentioned herein.
Failure to have and maintain containers as required herein shall be prima facie evidence of violation hereof.
Residential solid waste containers shall be stored upon the resident's premises. Commercial solid waste containers shall not be stored upon public property, unless the owner shall have been granted written permission from the City to use public property for such purposes. The storage site of commercial waste shall be well-drained; fully accessible to collection equipment, public health personnel and fire inspection personnel.
All collection 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 collection of solid waste shall be constructed with water-tight bodies and with covers which shall be an integral part of the vehicle or shall be a separate cover of suitable material with fasteners designed to secure all sides of the cover to the vehicle and shall be secured whenever the vehicle is transporting solid waste, or, as an alternate; the entire bodies thereof shall be enclosed, with only loading hoppers exposed. No solid waste shall be transported in the loading hoppers.
Permits shall not be required for the removal, hauling, or disposal of earth and rock material from grading or excavation activities, 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. 935 §IV, 1-2-1979]
Solid waste shall be disposed of at a processing facility or disposal area approved by the City and complying with all requirements of the Department of Natural Resources, State of Missouri.
The City may classify certain wastes as hazardous wastes which will require special handling and shall be disposed of only in a manner acceptable to the City and which will meet all local, State and Federal regulations.
[Ord. No. 935 §V, 1-2-1979]
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 or franchise therefor from the City; provided however, that this provision shall not be deemed to apply to employees of the holder of any such permit.
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 the amount of not less than one hundred thousand dollars ($100,000.00) for damage to property. 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, which shall also place upon the company writing such policy the duty to give such notice.
Each applicant for any such permit shall state in his/her application therefor:
The nature of the permit desired, as to collect, transport, process, or dispose of solid waste or any combination thereof;
The characteristics of solid waste to be collected, transported, processed, or disposed;
The number of solid waste vehicles to be operated thereunder;
The precise location or locations of solid waste processing or disposal facilities to be used;
Boundaries of the collection areas; and
Such other information as required by the City.
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 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 thirty-six dollars ($36.00) for solid waste collecting and transporting permit. If, in the opinion of the City, 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 shall notify the applicant in writing setting forth the modifications to be made and the time in which it shall be done.
If the applicant does not make the modifications pursuant to the notice in Subsection (D) above 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 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 re-application comply with the provisions of this Chapter.
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 apply for a permit as set forth in Subsection (B) and (C). No permits authorized by this Chapter shall be transferable from person to person.
In order to ensure compliance with the laws of this State, this Chapter and the rules and regulations authorized herein, the City is authorized to inspect all phases of solid waste management within the City of Pleasant Valley. 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 violations 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 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.
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, an extension of time may be granted.
Any person who feels aggrieved by any notice of violation or order issued pursuant thereto of the City may, within thirty (30) days of the act for which redress is sought appeal directly to the Circuit Court of Clay County in writing, setting forth in a concise statement the act being appealed and the grounds for its reversal.
[Ord. No. 935 §VI, 1-2-1979]
The City shall enforce, and with the approval of the Board of Aldermen make, amend, and revoke reasonable and necessary rules and regulations governing, but not limited to:
Preparation, drainage and wrapping of garbage deposited in solid waste containers.
Specifications for solid waste containers, including the type, composition, equipment, size and shape thereof.
Identification of solid waste containers and of the covers thereof, and of equipment thereto appertaining, if any.
Weight limitations on the combined weight of solid waste containers and the contents thereof, and weight and size limitations on bundles of solid waste too large for solid waste containers.
Storage of solid waste in solid waste containers.
Sanitation, maintenance and replacement of solid waste containers.
Schedules of and routes for collection of solid waste.
Collection points of solid waste containers.
Collection and disposal of solid waste.
Processing facilities and fees for the use thereof.
Disposal facilities and fees for the use thereof.
Records of quantity and type of wastes received at processing and/or disposal facilities.
Handling of special wastes such as toxic wastes, sludges, ashes, agriculture, construction, bulky items, tires, automobiles, oils, greases, etc.
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.
[Ord. No. 935 §VII, 1-2-1979]
It shall be unlawful for any person to:
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;
Interfere in any manner with solid waste collection 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;
Burn solid waste unless an approved incinerator is provided or unless a variance has been obtained from the appropriate air pollution control agency;
Dispose of solid waste at any facility or location which is not approved by the City or the Missouri Department of Natural Resources;
Engage in collecting, transporting, processing or disposing of solid waste to spill or litter upon the public ways or private property any solid waste without subsequently and immediately removing same and restoring the affected area to its original condition;
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. 935 §VIII, 1-2-1979]
There is hereby imposed, for the collection and disposal of solid waste, a service charge for each dwelling unit and each commercial establishment to which such service shall be provided under the provisions of this Chapter. The service charge for collection of residential and commercial waste shall be in the amount as prescribed by the contractor and shall be collected by said contractor.
[Ord. No. 935 §IX, 1-2-1979]
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 one dollar ($1.00) nor more than five hundred dollars ($500.00); provided, that each day's violation thereof shall be a separate offense for the purpose hereof.