[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:
APPROVED INCINERATOR
An incinerator which complies with all current regulations of the responsible local, State and Federal air pollution control agencies.
BULKY RUBBISH
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.
CITY
The City of Lincoln.
COLLECTION
Removal of solid waste from its place of storage to the transportation vehicle.
CONTRACTOR
Any person operating under a duly issued permit by the City.
DEAD ANIMALS
The carcass or remains of any dead animal shall not be considered as solid waste and will not be collected.
DEMOLITION AND CONSTRUCTION WASTE
Waste materials from the construction or destruction of residential, industrial or commercial structures.
DIRECTOR
The Director of the Solid Waste Management Program of the City shall be the Mayor of the City or his/her authorized representative.
DISPOSABLE SOLID WASTE CONTAINER
Disposable plastic or paper sack with a capacity of twenty (20) to thirty-five (35) gallons specifically designed for storage of solid waste.
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.
GARBAGE
Putrescible animal or vegetable wastes resulting front the handling, preparation, cooking, serving or consumption of food.
HAZARDOUS WASTES
Including, but not limited to, pathological wastes, explosive wastes, pesticides, pesticide containers, toxic or radioactive materials.
MULTIPLE-HOUSING FACILITY
A housing facility containing more than one (1) dwelling unit under one (1) roof.
OCCUPANT
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.
OCCUPIED DWELLING UNIT
Any residential dwelling unit which has current City water service shall be considered occupied.
PERSON
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.
PROCESSING
Incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.
REFUSE
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, 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 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.
STORAGE
Keeping, maintaining or storing solid waste from the time of its production until the time of its collection.
TRANSPORTATION
The transporting of solid waste from the place of collection or processing to a solid waste processing facility or solid waste disposal area.
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. 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:
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.
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.
C. 
Transportation and disposal of demolition and construction wastes shall be in accordance with Sections 230.050 and 230.060.
[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.