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 Matthews, 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 individual, partnership, limited liability company, corporation,
association, trust, institution, City, County, other political subdivision,
authority, State agency or institution, or Federal agency or institution,
or any other legal entity. 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 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, post-use polymers,
recovered feedstocks, overburden, rock, tailings, matte, mill scale
and 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 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.
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 use receptacles as set out in the rules and regulations adopted in conjunction with Section 230.070 and held on file in the City offices as their 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.
[Ord. No. 723, 9-12-2022]
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 any site
in the City for a period longer than ten (10) days.
C.
Residential solid waste shall be stored in containers as provided by the current solid waste hauler as set out in the rules and regulations adopted in conjunction with Section 230.070 and held on file in the City offices, 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.
[Ord. No. 723, 9-12-2022]
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.
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 curbside for collection but shall not
be so placed until after 12:00 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.
[Ord. No. 723, 9-12-2022]
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 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 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.
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.
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.
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 260.255, 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.
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.
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
(1st) 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.
A.
The
Board may 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, sludge, 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 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.
[Ord. No. 716, 3-15-2021]
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 equipment or
with solid waste collectors in the lawful performance of their duties
as such, whether such equipment or collection shall be those of the
City or those of a solid waste collection agency operating under contract
or with license from the City;
3.
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 for one (1) or more elements of solid waste
management or private collector's license from the City or operate
under an expired license or operate after a license has been suspended
or revoked; and
4.
Burn solid waste unless an approved incinerator is provided or unless
a variance has been obtained from the appropriate air pollution control
agency, with the following exceptions:
a.
The burning of leaves, twigs (not more than two (2) inches in diameter)
and vegetation originating on the property on which it is to be burned,
so long as the wind is not blowing in excess of ten (10) miles per
hour and not after 10:00 P.M.
The Board may require performance or payment bonds of any solid
waste collection agency prior to issuing permits to so operate.
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
thirteen dollars thirty-five cents ($13.35) per dwelling unit.
[Ord. No. 723, 9-12-2022]
B.
The
system of services established by the provisions of this Chapter hereof
is designated as 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 the 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.
C.
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 Matthews, Missouri.
D.
The
City 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.
E.
The
City shall provide any contractor hereunder with a monthly statement
showing the number of dwelling units, together with all additions
and deletions.
[Ord. No. 723, 9-12-2022]
Any person violating any of the provisions of this Chapter,
or any lawful rules or regulations promulgated pursuant thereto, upon
conviction, shall be punishable by a fine of not less than five dollars
($5.00) and not more than five hundred dollars ($500.00); provided,
that each day the violation exists shall be deemed a separate offense
for the purpose hereof.
