City of De Soto, MO Article I General

Section 235.010 Definitions.

[Ord. No. 4032 §1, 1-21-2015[1]]

For the purposes of this Chapter, the following terms shall have the following meanings:

BASIC SERVICE

Trash, recycling, and yard waste collection service. One ninety-gallon trash tote and recycling containers will be provided as needed.

COMMERCIAL SOLID WASTE

Solid waste resulting from the operation of any institutional, commercial, business, industrial or agricultural establishment or any residential dwelling comprised of more than two (2) units or a complex of units.

COMMERCIAL UNIT

A place where business is conducted by a person or persons, firm or corporation, in the normal pursuit of gainful profit, and not covered by the Residential Solid Waste Collection and Recycling Program.[2]

CUSTOMER

Any person, firm or corporation paying the City the fee hereinafter set out for the collection and disposal of mixed refuse from residential dwellings.

GARBAGE

All putrescible wastes except sewage and body wastes, but including all meat, vegetable, fruits, and other food wastes generated from the maintenance and operation of a residential dwelling where material is placed out for collection.

HAZARDOUS WASTE

Any waste or combination of wastes, as determined by the Missouri 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 or other living organisms, including, but not limited to, "heavy metals," automobile parts, motor oil, tires, batteries of any kind, pathological waste, prescription medicines, explosive or incendiary waste, pesticides, pesticide containers, solvents, and toxic or radioactive materials.

RECYCLABLE MATERIAL

Voluntary recycling includes:

1. Paper:

	Newspapers, including inserts (remove plastic sleeve)
	Magazines, catalogs, phone books
	Kraft (brown paper) bags, paperback books
	Cardboard, beer/soda cases (no waxed cardboard)
	Boxes - cereal, cake, food mix, gift, etc.
	Miscellaneous paper - office, computer, notebook, gift wrap, junk mail

2. Containers: All must be properly rinsed.

	Soda and water containers
	Milk, detergent, shampoo bottles
	Glass bottles and jars (no window glass or dinnerware)
	Aluminum cans and lids
	Aseptic packaging and gable-top containers (milk and juice)

RESIDENTIAL DWELLING

Includes every residential dwelling in the City comprised of two (2) or fewer units not in a complex of units.

REFUSE

All household and kitchen wastes generated resulting from the maintenance and operation of a residential dwelling.

SOLID WASTE

Refuse, garbage, yard waste materials, recyclable material, white goods/bulk waste and commercial solid waste, as defined above herein.

STOP

Each residential dwelling unit.

SUBCONTRACTOR

Any person(s) or corporate entity to whom the contractor sublets a portion or all of a contract.

TRASH (BULKY TRASH)

Items such as household furnishings, mattresses, sofas, chairs and other large items, other than "major household appliances," that can safely be handled by two (2) men.

WHITE GOODS (MAJOR HOUSEHOLD APPLIANCES)

Refrigerators, freezers, washers, dryers, water heaters, trash compactors, dishwashers, microwave ovens, ranges, stoves, etc., that can easily and safely be handled by two (2) men will be picked up for a fee of thirty five dollars ($35.00) per item. This collection, however, must be scheduled in advance with the contractor.

YARD WASTE/COMPOST

Consists of grass clippings, leaves, bushes, gardening remains, tree limbs/branches (four-foot lengths, bundled and tied), shrub trimmings and Christmas trees. Compost must be contained in biodegradable kraft paper compost bags, or loose in a standard thirty-two-gallon trash can. All bags or cans must weigh less than fifty (50) pounds each. No plastic bags can be accepted for compost disposal. It is a Missouri law that compost cannot be mixed with your household trash. Containers must be clearly marked "yard waste."

[1] Editor's Note: This ordinance superseded former Ch. 235, Garbage and Refuse, adopted by CC 1988 §§18-1 through 18-20, as amended.

[2] Editor's Note: See Art. II of this Chapter.

Section 235.020 Disposal of Solid Waste.

[Ord. No. 4032 §1, 1-21-2015]

All solid waste collected in the City shall be disposed of at a processing facility or disposal area approved by the City and complying with all requirements of the State of Missouri. As an alternative to the collection of yard waste by the City as permitted in this Chapter, residents may dispose of yard waste by depositing yard waste in a State-approved compost site or in a processing facility or disposal area approved by the City and complying with all requirements of the State of Missouri. Except as otherwise provided for herein, hazardous waste shall not be collected in any refuse container or recyclables container or bin for pickup by the City or its contractor. Hazardous waste shall not be stored in the City. Hazardous waste shall be disposed of at a processing facility or disposal area approved by the City and complying with all the requirements of the State of Missouri.

Section 235.030 Prohibited Practices.

[Ord. No. 4032 §1, 1-21-2015]

A. It shall be unlawful for any person to:

1. Transport, or cause to be transported, solid waste into the corporate limits of the City for the purpose of storage, collection, or disposal;

2. Deposit solid waste in any solid waste container other than his own or the one assigned to him, without the written consent of the owner of such container;

3. 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 refuse collection contractor operating under contract with the City;

4. Burn solid waste unless an approved incinerator is provided or unless a variance has been obtained from the appropriate air-pollution control agency;

5. Dispose of solid waste at any facility or location which is not approved by the City and the State of Missouri;

6. 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 under an expired permit, or operate after a permit has been suspended or revoked.

Section 235.040 Permits.

[Ord. No. 4032 §1, 1-21-2015]

A. No person, persons, corporation, firm, partnership or other entity 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.

B. Insurance.

1. No such permits shall be issued until and unless the applicants therefor, in addition to the requirements set forth herein, shall file and maintain with the City evidence of a satisfactory general liability insurance policy and motor vehicle liability insurance policy, covering all operations of such applicant pertaining to such business and all vehicles to be operated in the conduct thereof, providing for at least the following coverage:

a. General liability and motor vehicle liability:

(1) Bodily injury, with limits 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 five hundred thousand dollars ($500,000.00) in the event of injury or death of two (2) or more persons in any single accident.

(2) Property damage, with limits of not less than one hundred thousand dollars ($100,000.00) for damage to property.

2. This insurance must include non-owned, hired, leased or rented vehicles, as well as owned vehicles.

3. The City shall be named as an additional insured under all insurance policies. Proof by means of a certificate of insurance shall be filed with the City Manager, evidencing that all such insurance is in full force and effect during the term of the permit. No such policy shall permit termination or modification without at least thirty (30) days' written notice to the City. A new certificate of insurance shall be filed with the City Manager prior to the expiration or termination of any existing policy of insurance.

4. The applicant shall also provide workers' compensation insurance in amounts required by statutes. Proof shall be filed with the City Manager that all insurance is in full force and effect during the term of the permit.

5. All said insurance shall be provided by a firm or corporation which has been duly licensed or permitted to carry on the business of insurance in the State of Missouri.

C. The applicant shall indemnify and hold harmless the City from all liability, claims, damages or causes of action which may be made or asserted against the City in any way resulting from or arising out of the applicant's operations within the City.

D. Each applicant for any such permit shall state in his/her application:

1. The nature of the permit desired, as to collect, transport, process, or dispose of solid waste, yard waste, hazardous waste, or recyclable waste, or any combination thereof;

2. The characteristics of the solid waste to be collected, transported, processed, or disposed of;

3. The number of solid waste 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. The date of any convictions for violations of Chapter 260, RSMo.; and

7. Such other information required by the City Manager.

E. If the application shows that the applicant will collect, transport, process or dispose of solid waste 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 may 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 fifty dollars ($50.00) for each collection vehicle to be used. If, in the opinion of the City, modifications can be made to the application regarding services, equipment or mode of operations, so as to bring the application within the intent of this Chapter, the City may modify the application in writing, setting forth the modifications to be made and the time in which it shall be done.

F. If the applicant does not make the modifications pursuant to the notice in the foregoing Subsection, within the time limit specified therein, or if the application does not clearly show that the collection, transportation, processing or disposal of solid waste 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 application, provided that all aspects of the reapplication comply with the provisions of this Chapter.

G. 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 herein. No permit(s) authorized by this Chapter shall be transferable.

H. In order to ensure compliance with the laws of the State of Missouri, this Chapter and the rules and regulations authorized herein, the City is authorized to inspect all phases of solid waste management within the City. No inspection shall be made in any residential dwelling unless authorized by the occupant or following due process of law. In all instances where such inspections reveal violation of this Chapter, 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 measures to be taken, together with a time in which such corrections shall be made.

I. 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 violations; 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.

J. All motor vehicles operating under a permit required by this Chapter shall display the number or numbers on each side in colors which contrast with that of the vehicle, such numbers to be clearly legible and not less than four (4) inches high. Each permit for a processing or disposal facility shall be prominently displayed at the facility. All vehicles shall be kept in good repair and appearance and maintained in a sanitary condition at all times.

K. Notwithstanding the foregoing provisions of this Section, the City may contract for the collection and disposal of all or any part of the solid waste within the City with a collecting contractor meeting the requirements for obtaining a permit under this Section.

Section 235.050 Commercial Solid Waste Storage and Collection.

[Ord. No. 4032 §1, 1-21-2015]

A. The owner or occupant of every residential dwelling comprised of more than two (2) units, or a complex of units, and of every institutional, commercial, business, industrial or agricultural establishment producing solid waste within the City shall provide sufficient and adequate containers for the storage of all solid waste to serve each such dwelling unit and/or establishment and shall maintain such solid waste containers at all times in good repair.

B. The owner or occupant of every residential dwelling comprised of more than two (2) units, or a complex of units, and of every institutional, commercial, business, industrial or agricultural 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. Solid waste shall be stored in solid waste containers as approved by the City. The containers shall be waterproof, leakproof and shall be covered at all times except when depositing waste therein or removing the contents thereof. Containers shall be of the type manufactured for commercial solid waste. Containers shall be stored on private property. The storage site shall be well drained, visually screened and fully accessible to collection equipment, public health personnel and fire inspection personnel.

D. Unless the City, in its discretion, provides for commercial solid waste collection services, it shall be the duty of each such dwelling unit or establishment to provide for collection of all solid waste produced upon any such premises.

E. All commercial solid waste shall be disposed of in accordance with the laws and regulations of the County of Jefferson and State of Missouri.

Section 235.060 Hazardous Waste.

[Ord. No. 4032 §1, 1-21-2015]

Hazardous waste shall not be stored in the City. Hazardous waste shall not be deposited in any refuse or garbage container or recyclables container or bin for pickup by the City. Hazardous waste shall be disposed of at a processing facility or disposal area approved by the City and complying with all the requirements of the State of Missouri.

Section 235.070 Rules and Regulations.

[Ord. No. 4032 §1, 1-21-2015]

A. The City shall make, amend, revoke and enforce reasonable and necessary rules and regulations, including, 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 any 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 of solid waste.

8. Collection points of solid waste containers.

9. Collection 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 solid waste received at processing and/or disposal facilities.

B. The City Manager, or such other City official who is responsible for preparing utility and other service charge billings for the City, is hereby authorized to 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.