[Ord. No. 5.213 §1, 6-18-1974]
For the purposes of this Chapter, the following terms shall
be deemed to have the meaning indicated below:
An incinerator which complies with all current regulations
of the responsible local and State 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 therefor.
The City of California, Missouri.
Removal of solid waste from its place of storage to the transportation
vehicle.
Waste materials from the construction or destruction of residential,
industrial or commercial structures.
The director of the Solid Waste Management Program of the
City, or his/her authorized representative.
Disposable plastic or paper sacks 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 from handling,
preparation, cooking, serving, or consumption of food.
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.
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.
Garbage, refuse and other discarded materials including,
but not limited to, solid and semi-solid 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, 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 deposition 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.
[Ord. No. 5.213 §2, 6-18-1974]
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 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.
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 Directors 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 Directors. 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 235.070.
E.
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 seventy-five (75)
pounds.
F.
Yard
wastes shall be stored in containers so constructed and maintained
as to prevent the dispersal of wastes placed upon the premises served,
upon adjacent premises, or upon adjacent public rights-of-way. The
weight of any individual container and contents shall not exceed seventy-five
(75) pounds.
G.
Solid
waste containers which are not approved will be collected together
with their contents and disposed of.
[Ord. No. 5.213 §3, 6-18-1974]
A.
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 or a combination
thereof, for the entire City or portions thereof, as deemed to be
in the best interests of the City.
B.
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 Director
as hereinafter provided. All solid waste collected shall, upon being
loaded into transportation equipment, become the property of the collection
agency.
C.
Tree limbs and yard wastes, as described in Section 235.020(E) and (F) respectively, shall be placed at the curb or alley for collection. Solid waste containers as required by this Chapter for the storage of other residential solid waste shall be placed at the curb or alley for collection. Any solid waste containers, tree limbs, yard wastes, or other solid waste permitted by this Chapter to be placed at the curb or alley for collection shall not be so placed until the regularly scheduled collection day.
D.
Bulky
rubbish shall be collected by request to the Director. The Director
shall establish the procedure for collecting bulky rubbish.
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. Commercial solid
waste may be removed from within commercial establishments upon written
request of the owner and approval by the Director.
F.
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 seventy-two (72) 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.
G.
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.
H.
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 235.020(C, D, E and F) 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. 5.213 §4, 6-18-1974]
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. 5.213 §5, 6-18-1974]
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
Division of Health.
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. 5213 §6, 6-18-1974; Ord. No. 5.544 §1, 9-6-2011; Ord.
No. 5.545 §1, 10-3-2011; Ord. No. 5.547, 11-4-2019]
A.
Permits.
1.
No person shall engage in the business of collecting, transporting,
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. The City retains the right to grant
or deny the application for the permit as the City deems in the best
interest of the City.
No such permit shall be issued until and unless the applicant
therefor, in addition to all other requirements set forth, shall obtain
a business license with the City of California. The applicant shall
meet all insurance requirements imposed by the City in order to obtain
the business license.
Each applicant for any such permit shall state in his/her application
therefor:
2.
If the application shows that the applicant will collect, transport,
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, and in the best interests of the City,
the City may issue the permit for operation. The permit shall be issued
for a period of one (1) year, and each applicant shall pay therefor
a fee of five hundred dollars ($500.00) per year for the privilege
of conducting a solid waste collection, transport, and disposal enterprise
within the City.
3.
The annual permit may be renewed simply upon payment of the fee or
fees as designated herein if the business has not been modified (ownership,
mode of operation, location of business, and any change from the information
provided on the initial application). If modifications have been made,
the applicant shall reapply for a permit as set forth in this Section.
No permits authorized by this Chapter shall be transferable from any
entity or person to another.
B.
Operation.
1.
No roll-off dumpster placed by a permittee under this Section shall
be located or placed in a manner that is determined by the City to
be a public health, traffic or safety hazard in any respect. If the
permittee is notified that the City has determined the dumpster is
placed in a manner which constitutes a hazard, the permittee shall
immediately relocate or remove the dumpster. No roll-off dumpster
shall be placed on a City sidewalk. No dumpster shall be placed within
five (5) feet of an adjacent property owner's driveway. The dumpster
shall not be located in such a manner that the portion of the street,
roadway or alley utilized exceeds one-third (1/3) of the width of
said street, roadway or alley. The dumpster shall not be located in
such a manner such that it impedes the flow of traffic.
2.
No roll-off dumpster shall be located or placed on a City street,
alley or right-of-way, or upon private property, for a period of time
in excess of fifteen (15) consecutive days. Upon removal, the dumpster
shall not be relocated at the served residence or commercial structure,
or located in a manner to serve the same, without an interruption
or interval of at least fifteen (15) days.
3.
All containers (dumpsters) shall be clearly marked with the owner's
name, address and business phone number.
4.
Each dumpster shall have both the front and rear surfaces reflectorized
for night safety in such a manner as to indicate the height and width
of the same.
5.
Upon the failure of the permittee to abide by this Section, including
the failure to maintain the dumpster in a safe location, or the failure
or refusal to follow the direction of the City with respect to the
location or placement of the dumpster, the City may revoke or suspend
the permit issued for the privilege of conducting the solid waste
collection, transport, and disposal enterprise within the City. In
the event of a suspension or revocation by the City of said privilege,
no refund of the permit fee will be made.
6.
All applicants submitting an application for operation of this enterprise
within the City, or operating such a business, shall be deemed to
have consented to and agreed to the terms set forth in this Section
or as may be amended.
[Ord. No. 5.213 §7, 6-18-1974]
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, sludges, ashes,
agricultural, construction, bulky items, tires, automobiles, oils,
greases, etc.
B.
The
City Clerk or such other City Official who is responsible for preparing
utility and 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.
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. 5.213 §8, 6-18-1974]
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 Division of Health; or
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. 5.217 §§1 —
6, 3-3-1986]
A.
No
person shall place or allow to be placed any solid waste other than
paper on any property owned, occupied, or controlled by him/her unless
such materials are stored in a tightly enclosed container. The user
of the container shall cause the contents thereof to be emptied and
removed from the premises at least once each week.
B.
No
person shall place, permit to be placed, or allow to exist or accumulate
outside of any building on premises owned, occupied, or controlled
by him/her any paper unless it is confined in a manner to prevent
its scattering by animals or the elements.
C.
No
person shall place any solid waste on any public property or on any
private property not owned, occupied, or controlled by such person
even if the solid waste is in containers.
D.
No
person shall interfere in any manner with solid waste collection and
transportation equipment or with solid waste collectors in the lawful
performance of their duties.
[Ord. No. 5.213 §9, 6-18-1974; Ord. No. 5.519 §2, 9-11-1995; Ord. No. 5.520 §§1 — 2, 9-11-1995; Ord. No. 5.521 §1, 9-11-1995; Ord. No. 2002-010 §1, 4-1-2002; Ord.
No. 2003-038 §1, 3-3-2003; Ord. No. 2003-038A §1, 4-7-2003; Ord. No. 5.530 §1, 5-5-2008; Ord. No. 5.543 §1, 8-1-2011]
A.
There
is hereby imposed for the collection and disposal of solid waste,
and for the improvement of the general public health and environment
a service charge for each dwelling unit and each commercial establishment.
1.
Residential customers. The rate for residential solid waste sanitation pickup services shall be as follows: There shall be a user base rate charged to each customer (of solid waste sanitation pickup services). Payment of this base rate fee will entitle the customer to a twice weekly pickup service, each customer to be permitted unlimited pickup of permitted items (waste). The user base rate for residential customers (Exhibit A) is set out in Subsection (G) below.
2.
Commercial (dumpster) customers. The rate for commercial dumpster solid waste sanitation pickup services (Exhibit A) is set out in Subsection (G) below.
3.
Commercial (non-dumpster) customers. The rate for Commercial (non-dumpster) solid waste sanitation pickup services (Exhibit A) is set out in Subsection (G) below. This rate shall entitle the customer to a twice weekly pickup service with unlimited pickup of permitted items (waste).
4.
Non-City residents who wish to do so may purchase a City approved
bag for disposal of permitted solid waste. These bags shall be available
for the sum of one dollar sixty-five cents ($1.65) per bag. The City
bag option is not available to commercial establishments located outside
the City. Bags shall be picked up only at locations designated by
the City.
B.
Services
for commercial establishments not meeting any of the aforementioned
descriptions will be considered individually by the Superintendent
of Utilities.
C.
As
to dwelling units, the service and service charge shall be terminated
upon presentation of satisfactory proof to the City Clerk that any
such dwelling unit or establishment is unoccupied and shall be commenced
upon renewed occupancy thereof. Except however, that the Clerk of
the City may decline to prorate the service charge for any period
less than one (1) billing cycle.
D.
Participation
in the system of solid waste collection services is mandatory for
all persons located within the City of California. The system of services
established by the provisions of this Chapter hereof is designed as
an integral part of the City's program of health and sanitation to
be operated as an adjunct to the City's system for providing potable
water and the City's system for providing sewerage disposal. The City
may enforce collection of such charges by bringing proper legal action
against the occupant of any dwelling unit or owner of any commercial
establishment 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.
Further, the City may enforce collection of solid waste charges by
termination of other City services upon non-payment of the solid waste
charges, including termination of electrical and water service to
the dwelling unit, multiple-housing facility or business for which
the solid waste collection charge has not been paid.
E.
The
service charge herein provided for is hereby imposed upon the occupant
of each occupied dwelling unit or commercial establishment and the
billing therefor shall be made monthly to the person contracting for
City utilities. In the event a dwelling unit is not serviced by City
water, electricity and/or sewerage service, or in the absence of information
that such person is neither the owner nor the tenant of such unit,
in which event billing therefor shall be made to the owner. Service
charges shall be payable to the City Collector.
G.
Payment
of the solid waste collection rate(s) established herein shall entitle
the customer to a twice weekly pickup service (subject to certain
limitations), each customer to be permitted unlimited pickup of permitted
solid waste items. The City shall determine the pickup schedule, which
may change from time to time as determined to be appropriate by the
City. The City may adopt a variance from the twice weekly schedule
(resulting in a variance from regular pick up days, or resulting in
only one (1) trash pickup during a particular week) due to holidays,
equipment failures, special events, or emergencies.
[Ord. No. 5.546, 7-5-2016; Ord. No. 5.546, 10-7-2019]
|
Exhibit A
| |||
|---|---|---|---|
|
Solid Waste Collection Rates
Effective August 1, 2019
| |||
|
Residential rate
|
$15.00 per month
| ||
|
Commercial non-dumpster
|
$17.00 per month
| ||
|
Bag*
|
$1.65 per bag
| ||
|
* Pay bags not available to City residents or commercial operations
within the City
| |||
|
Non-Commercial Dumpster (Short-Term Use Only)
| |||
|
2-yard
|
$25.00 per dump, plus $2.00 per day
| ||
|
4-yard
|
$50.00 per dump, plus $2.00 per day
| ||
|
6-yard
|
$75.00 per dump, plus $2.00 per day
| ||
|
Commercial Dumpster
| |||
|
Pickups
|
2-Yard
|
4-Yard
|
6-Yard
|
|
Once weekly
|
$54.57
|
$109.14
|
$163.71
|
|
Twice per week
|
$75.86
|
$151.72
|
$227.58
|
|
Three per week
|
$94.50
|
$189.00
|
$283.50
|
|
Four per week
|
$110.47
|
$220.94
|
$331.40
|
|
Five per week
|
$138.42
|
$246.84
|
$370.26
|
|
Extra pickup $6.05 per hopper.
| |||
[Ord. No. 5.213 §10, 6-18-1974]
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 five dollars
($5.00) nor more than five hundred dollars ($500.00); provided, that
each day's violation thereof shall be a separate offense for the purpose
hereof.
