[Ord. No. 408 §1, 6-10-2002]
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 therefore.
The City of Lincoln.
Removal of solid waste from its place of storage to the transportation
vehicle.
Any person operating under a duly issued permit by the City.
The carcass or remains of any dead animal shall not be considered
as solid waste and will not be collected.
Waste materials from the construction or destruction of residential,
industrial or commercial structures.
The Director of the Solid Waste Management Program of the
City shall be the Mayor of the City or his/her authorized representative.
Disposable plastic or paper sack with a capacity of twenty
(20) to thirty-five (35) gallons specifically designed 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.
Putrescible animal or vegetable wastes resulting front 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.
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 residential dwelling unit which has current City water
service shall be considered occupied.
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.
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, 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 process of managing solid waste in a manner which
minimizes the generation and subsequent disposal of solid waste, including
waste reduction, source separation, collection, storage, transportation,
recycling, resource recovery, volume minimization, processing, market
development, and disposal of solid wastes.
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.
[Ord. No. 408 §2, 6-10-2002]
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,
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.
C.
Residential
solid waste shall be stored in containers as provided by the current
solid waste hauler or of not more than thirty-five (35) gallons nor
less than twenty (20) gallons in nominal capacity. 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 lightweight
and sturdy construction. The weight of any individual container and
contents shall not exceed seventy-five (75) pounds. Galvanized metal
containers or rubber, fiberglass or plastic containers which do not
become brittle in cold weather may be used. Disposable solid waste
containers with suitable frames or containers as approved by the Director
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 Director. 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.
Tree
limbs, brush and other yard wastes are not covered by this Chapter.
F.
Solid
waste containers which are not approved will be collected together
with their contents and disposed of.
[Ord. No. 408 §3, 6-10-2002]
A.
Solid
waste collection, transportation and storage will be mandatory for
residential dwelling units. The City may, at the City's discretion,
provide commercial solid waste collection services upon specific request
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.
B.
All solid waste from premises to which collection services are provided by the City shall be collected, except bulky rubbish as defined herein (see Subsection (C)). All solid waste collected shall, upon being loaded into transportation equipment, become the property of the collection agency.
C.
Bulky
rubbish shall be collected by request to the contractor. The contractor
shall establish the procedure for collecting bulky rubbish.
D.
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. Commercial solid
waste may be removed from within commercial establishments upon written
request of the owner and approval by the Director.
E.
The
following collection frequencies shall apply to collections of solid
waste within the City:
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All residential solid waste, other than bulky rubbish, shall
be collected at least once weekly. At least one hundred forty-four
(144) hours shall intervene between collections. All commercial solid
waste shall be collected at least once weekly and shall be collected
at such lesser intervals as may be fixed by the Director or requested
by the commercial establishment upon a determination that such lesser
intervals are necessary for the preservation of the health and/or
safety of the public.
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F.
Residential
solid waste containers shall be stored upon the residential premises.
Commercial solid waste containers shall be stored upon private property,
unless the owner shall have been granted written permission from the
City to use public property for such purposes. The storage site shall
be well drained, fully accessible to collection equipment, public
health personnel and fire inspection personnel.
G.
Solid waste collectors, employed by the City or a solid waste collection agency operating under contract with the City, shall be responsible for the collection of solid waste from the point of collection to the transportation vehicle provided the solid waste was stored in compliance with Section 230.020(C — E) 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.
[Ord. No. 408 §4, 6-10-2002]
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 alternate,
the entire bodies thereof shall be enclosed, with only loading hoppers
exposed. No solid waste shall be transported in the loading hoppers.
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. 408 §5, 6-10-2002]
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 of 2001, Sections 260.200 to 260.245, RSMo.,
2001 Supplement and the rules and regulations adopted hereunder.
B.
The
Director may classify certain wastes as hazardous wastes which will
require special handling and shall be disposed of only in a manner
acceptable to the Director and which will meet all local, State and
Federal regulations.
[Ord. No. 408 §6, 6-10-2002]
A.
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 thereof or from the City;
provided however, that this provision shall not be deemed to apply
to employees of the holder of any such permit.
B.
No
such permit shall be issued until and unless the applicant therefore,
in addition to all other requirements set forth, shall file and maintain
with the Director 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. The
level and amount of insurance to be carried for vehicle and liability
coverage will be set forth in the contract for solid waste disposal
between the City and the contractor. The contractor will provide Workers'
Compensation insurance per the statutory limits in the State of Missouri.
Should any such policies be cancelled, the Director 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.
C.
Each
applicant for any such permit shall state in his/her application therefore:
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
hereunder;
4.
The precise location or locations of solid waste processing or disposal
facilities to be used;
5.
Boundaries of the collection area; and
6.
Such other information as required by the Director.
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 in conformity with the laws of the
State of Missouri and this Chapter, the Director shall issue the permit
authorized by this Chapter. The permit shall be issued for a period
of one (1) year. The annual application fee will be twenty dollars
($20.00). If, in the opinion of the Director, 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 Director shall notify the applicant in writing setting forth the
modification to be made and the 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 Director, 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 insure compliance with the laws of this State, this Chapter
and the rules and regulations authorized herein, the Director is authorized
to inspect all phases of solid waste management within the City of
Lincoln. 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 violation of this ordinance, 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 Director 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.
H.
In
all cases, when the corrective measures have not been taken within
the time specified, the Director 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 Director may, within ten (10) days of the
act for which redress is sought, appeal directly to the Board of Aldermen
of Lincoln, in writing, setting forth in a concise statement the act
being appealed and the grounds for its reversal.
[Ord. No. 408 §7, 6-10-2002]
A.
The
Director 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, sludge, ashes, agriculture,
construction, bulky items, tires, automobiles, oils, greases, etc.
B.
The
Director or such other City Official designated by the Director 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.
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. 408 §8, 6-10-2002]
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 or those of a solid waste collection agency operating
under contract with the City;
3.
Burn solid waste unless an approved incinerator is provided or unless
a variance has been obtained from the appropriate air pollution control
agency;
4.
Dispose of solid waste at any facility or location which is not approved
by the City and the Missouri Department of Natural Resources;
5.
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. 408 §9, 6-10-2002]
A.
There
is hereby imposed, for the collection and disposal of solid waste
and for the improvement of the general good, a service charge for
each occupied residential dwelling unit. The service charge for collection
of residential solid waste shall be in an amount established by ordinance.
B.
The
rates for commercial establishments shall be an amount set out and
approved in the contract between the City and contractor. Disputes
as to loose trash outside of the containers shall be submitted to
the Director.
C.
Disputes
concerning occupancy shall be resolved by the director.
D.
With
respect to the collection of residential solid waste, the waste hauler
shall be entitled to a separate service charge for each occupied residential
dwelling unit. It shall be presumed for the purposes of this Chapter
that every City non-commercial water meter provides service to an
individual residential dwelling unit unless the owner thereof can
establish otherwise to the satisfaction of the Director or his/her
representative. Payment of the aforesaid service charge shall be the
responsibility of the occupant of the residential dwelling unit in
whose name the said water meter is registered. The Director or his/her
representative shall be responsible for ensuring one (1) service charge
is billed for the collection of residential solid waste from each
residential dwelling unit producing the same.
E.
Any
waste collection service and billing for residential solid waste collection
shall be terminated upon presentation of satisfactory proof to the
Director or his/her representative that any such dwelling unit is
unoccupied and shall be commenced upon renewed occupancy thereof.
F.
The
City of Lincoln shall bill residential customers for solid waste collection
on a monthly basis. Such billing shall be as agent for the contractor.
The City will charge the contractor a fee for billing services. This
fee will be established by separate contract.
G.
The
City shall not be responsible for any sums not collected through the
usual billing procedures and shall not be required to commence extraordinary
collection to recovery delinquent sums. The contractor shall receive
all past due accounts of more than thirty (30) days and it shall be
his/her responsibility to collect them.
