[Ord. No. 15-12.35, 12-15-2015]
The following words and terms, when used in this Chapter, shall be defined as follows:
APPROVED INCINERATOR
An incinerator which complies with all current regulations of the responsible local, State and Federal air pollution control agencies.
BULKY RUBBISH
Non-putrescent 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. Waste may include furniture, appliances, building materials, carpet, remodeling debris, and similar disposable items. It does not include tires, yard waste, concrete, or other similar materials.
CITY
The City of Marceline, Missouri.
COLLECTION
Removal of solid waste from the designated pickup location to the transportation vehicle.
COMMERCIAL AND INDUSTRIAL
Any and all stores, shops, businesses or buildings used exclusively for retail trade or wholesale trade, sale, display, offices, warehouses, religious gatherings, rendering of personal, professional or business service, light manufacturing, assembly or fabrication and any sale of goods, property, wares or services and any other unit not specifically described and included in the definition of residential below.
COMPOSTABLE MATERIALS
Leaves, grass, yard trimmings, tree limbs of less than four-inch diameter, and other organic yard materials.
CONTRACTOR
The solid waste hauler selected by the City to collect solid waste and bulky waste for disposal, and recyclables for recycling.
DEMOLITION AND CONSTRUCTION WASTE
Waste materials from the construction and demolition of residential, industrial, or commercial structures, but shall not include materials defined as "clean fill" under Section 260.200, RSMo.
DIRECTOR
The Director of the Solid Waste Management Program of the City shall be the City Manager.
DISPOSABLE SOLID WASTE CONTAINER
A container supplied by the contractor. Such container shall be a ninety-gallon poly-cart for solid waste disposal and a minimum thirty-gallon poly-cart for recycling materials if recycling services are provided.
DISPOSAL SITE
A refuse depository for the processing or final disposal of refuse, including, but not limited to, sanitary landfills, transfer stations, incinerators, and waste processing separation centers licensed, permitted or approved by all governmental bodies and agencies having jurisdiction.
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
Putrescent animal or vegetable waste resulting from the handling, preparation, cooling, serving or consumption of food and including food containers.
HAZARDOUS WASTE
Any waste or combination of wastes, as determined by the Missouri Hazardous Waste Management Commission and Code of Federal Regulations (CFR) 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 [Chapter 260 of the Missouri Revised Statutes, of the Missouri Hazardous Waste Management Law], 40 CFR 261 and 10 CSR 25-4.261(2)(D). Such wastes include but are 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 and 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.
PERSON
Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision, or organization of any kind, or their legal representative, agent or assigns.
PROCESSING
Incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.
RECYCLABLES
Waste materials that can be reused, including, but not limited to, aluminum and steel cans, newsprint, cardboard, glass and plastic bottles.
REFUSE
Solid waste.
RESIDENTIAL
Any home, house, living or dwelling unit designed to be occupied by one (1) or more families living independently or attached at the side or sides, including auto or trailer courts, mobile home parks, and any other living unit, including multiple-family housing units with less than four (4) dwelling units, such as apartment complexes or buildings; however, exclusive of campgrounds, hotels, motels, or other transient overnight business accommodation units.
SOLID WASTE
Unwanted or discarded material, including waste material whether solid or in semisolid state, including, but not limited to, garbage, ashes, street refuse, rubbish, mechanical tools, utensils or other metals, or any part of such item described above, of every kind, shape, material or description and/or any other kind of special wastes, industrial wastes or demolition wastes, construction wastes, or other building salvage materials.
1. 
COMMERCIAL SOLID WASTESolid waste resulting from the operation of any commercial, industrial, institutional or agricultural establishment.
2. 
RESIDENTIAL SOLID WASTESolid waste resulting from the maintenance and operation of dwelling units, to include but not limited to garbage, trash, paper, empty food containers and drink containers, cans, pottery, glass and crockery and other rubbish of types normally generated within a dwelling or residential united, but shall not include yard waste, hazardous material, demolition and construction waste.
SOLID WASTE CONTAINER
Receptacle supplied by the contractor and 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 WASTE
Organic, biodegradable waste matter from yard and garden maintenance such as leaves, grass clippings, hedge trimmings, branches, Christmas trees, and other yard and garden vegetation.
[Ord. No. 15-12.35, 12-15-2015]
A. 
The occupant or owner of every dwelling unit and of every institutional, commercial, industrial, agricultural or business establishment shall place all residential and commercial solid waste to be collected in proper solid waste containers provided by the contractor, 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.
B. 
Residential solid waste containers shall be stored upon the residential premises. The storage site shall be well drained; fully accessible to collection equipment, public health personnel and fire inspection personnel. Other placement may be acceptable with approval of the City Manager.
C. 
Supplemental residential solid waste containers maybe utilized in addition to the solid waste containers provided by the contractor. Supplemental containers shall not exceed ninety (90) gallons and shall be leakproof, waterproof and fitted with a flytight 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 intended 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 City Manager may also be used for storage of residential solid waste.
D. 
Commercial solid waste shall be stored in solid waste containers provided by the solid waste collection agency operating under contract with 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. 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.
E. 
Non-approved solid waste containers will be collected together with their contents and disposed of.
[Ord. No. 16-09.39, 10-18-2016; Ord. No. 18-09.42, 9-25-2018]
F. 
Yard waste shall be stored on site and maintained in a manner as to prevent the dispersal of said waste upon the premises served, upon adjacent premises, or upon adjacent public rights-of-way, until said waste is disposed of in compliance with the provisions set forth in this Chapter.
[Ord. No. 16-09.39, 10-18-2016; Ord. No. 18-09.42, 9-25-2018]
G. 
Demolition and construction waste may be stored on site during the duration of a demolition and/or construction project. Upon completion of the project, said waste must be removed from the site at no expense to the City for delivery to a disposal site approved by the State or an agency of the State.
[Ord. No. 15-12.35, 12-15-2015]
A. 
The City shall, at its discretion, contract with a contractor to provide solid waste collection, removal and disposal of all residential and commercial solid waste as defined in this Chapter.
B. 
All solid waste from premises to which collection services are provided by the contractor shall be collected. All solid waste collected shall, upon being loaded into transportation equipment, become the property of the contractor.
C. 
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, including supplemental containers permitted by this Chapter, will be placed at the curb or alley for collection and shall be placed no earlier than 6:00 P.M. preceding the collection day. Container(s) must be removed from curb by 11:59 P.M. on day of collection and placed in the most inconspicuous location as possible, which may include side of residence, garage or porch.
[Ord. No. 16-09.39, 10-18-2016; Ord. No. 18-09.42, 9-25-2018]
D. 
The contractor is 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 approved by the City Manager.
E. 
Solid waste contractor, 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 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.
F. 
The following collection frequencies shall apply to collections of solid waste within the City: All residential solid waste shall be collected at least once weekly or at a frequency determined by contract. All commercial solid waste shall be collected once weekly and shall be collected at such lesser intervals as may by fixed by the Director upon a determination that such lesser intervals are necessary for the preservation of the health and/or safety of the public.
G. 
Bulky rubbish shall be collected at a frequency determined by contract.
H. 
The occupant or owner of every dwelling unit and of every institutional, commercial, industrial, agricultural or business establishment shall be responsible for the collection, delivery and/or disposal of yard waste, whether by on-site burning, or delivery to the City-owned disposal location as provided in Section 230.120 of this Chapter. The following exceptions may apply:
1. 
When the City may determine that the increase in yard waste, to include tree limbs, stumps and other vegetation on residential property resulting from a severe weather event may pose a safety risk and mutual inconvenience to residents beyond the disposal capacity of the average property owner. City's resources may be utilized to collect said yard waste for a period specific as announced through publication of this service. Residential property owners or occupants shall place tree limbs and yard waste at the curb in front of the residence in a timely manner for collection, making every effort to ensure that 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.
2. 
The City will collect yard waste following maintenance of City utilities where tree and shrub trimming on residential property was required to perform said maintenance.
[Ord. No. 15-12.35, 12-15-2015]
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 grading or excavation activities; however, all such material shall be conveyed in tight vehicles, trucks or receptacles so construed and maintained that none of the material being transported shall spill upon the public rights-of-way.
C. 
Demolition and construction waste shall be transported to a disposal area as provided in Section 230.050(A). A permit shall not be required for the hauling of demolition and construction waste; however, all such material shall be conveyed in tight vehicles, trucks or receptacles to constructed and maintained that none of the material being transported shall spill upon the public rights-of-way.
[Ord. No. 15-12.35, 12-15-2015]
A. 
Solid waste shall be deposited at a processing facility or disposal area in compliance with all requirements of the Missouri Solid Waste Management Law, Sections 260.200 to 260.245, RSMo., and the rules and regulations adopted thereunder.
B. 
Hazardous wastes under such provisions will require special handling and shall be disposed of only in a manner authorized by State and Federal regulations.
C. 
Demolition and construction waste will require special handling and shall be disposed of only in a manner authorized by State regulations. On-site burning of demolition and construction waste is strictly prohibited.
D. 
Yard waste produced from or on the premises may be either burned on site when deemed safe by the City's Fire Chief, or transported to a City-owned disposal location as provided in Section 230.120 of this Chapter.
[Ord. No. 15-12.35, 12-15-2015]
A. 
The City Manager shall make, amend, revoke and enforce reasonable rules and regulations governing, but not limited to, the collection, transportation, processing and disposal of solid waste as follows:
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. 
Processing facilities and fees for the use thereof.
10. 
Disposal facilities and fees for the use thereof.
11. 
Records of quantity and type of wastes received at processing and/or disposal facilities.
12. 
Handling of special waste such as 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 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. 
The City Council will approve all amendments, renewals or new contracts with a solid waste provider.
[Ord. No. 15-12.35, 12-15-2015]
A. 
The City may designate, and require the contractor to provide, curbside collection for recyclables. Such collection shall be done in compliance with all other applicable ordinances of the City now or hereafter in effect. Said collection shall be on terms and conditions set out in the contract between the City and contractor.
B. 
The collection of recyclables at curbside by any private hauler not authorized by the City is expressly prohibited.
C. 
Neither the foregoing provisions of this Section nor any other provisions of this Chapter shall prevent any resident from discarding that resident's recyclables by personally delivering them to an authorized recyclables disposal area.
[Ord. No. 15-12.35, 12-15-2015]
Recyclables shall not, in any event, be deposited in any landfill, be burned in any incinerator or be deposited or distributed in any way or manner which is contrary to then-applicable law, Statute, ordinance, rule or regulation; provided, however, that the restrictions hereinabove shall not apply to any recyclables which are deposited in a landfill or burned pursuant to specific prior written approval granted by the City. Residents shall take such action as is reasonable under the circumstances to determine that recyclables are not disposed of contrary to the provisions of this Section.
[Ord. No. 15-12.35, 12-15-2015]
The occupant or owner of every dwelling unit and of every institutional, commercial, industrial, agricultural or business establishment shall be responsible for the collection, delivery and/or disposal of yard waste produced from or on the premises, whether by on-site burning, or delivery to the City-owned disposal location as provided in Section 230.120 of this Chapter. The following exceptions may apply:
A. 
When the City may determine that the increase in yard waste, to include tree limbs, stumps and other vegetation on residential property, resulting from a severe weather event may pose a safety risk and mutual inconvenience to residents beyond the disposal capacity of the average property owner. City's resources may be utilized to collect said yard waste for a period specific as announced through publication of this service. Residential property owners or occupants shall place tree limbs and yard waste at the curb in front of the residents in a timely manner for collection, making every effort to ensure that 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 place in storage containers. The weight of any individual bundle shall not exceed seventy-five (75) pounds.
B. 
The City will collect yard waste following maintenance of City utilities where tree and shrub trimming on residential property was required to perform said maintenance.
[Ord. No. 15-12.35, 12-15-2015]
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. 
Fail to have solid waste collected as provided in this Chapter.
3. 
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.
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. 
Residents of the City may burn weeds, grass and other plant life from gardens and areas being used as gardens and further be allowed to burn leaves, brush and tree clippings originating on the premises and providing such burning shall not endanger the life or property of the community; all burning must be in compliance with both the City's fire prevention code and all applicable State laws and regulations, including, but not limited to, regulations promulgated by the State's Department of Natural Resources and the State Air Conservation Commission.
6. 
Dispose of solid waste at any facility or location which is not approved by the City and the Missouri Department of Natural Resources.
7. 
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.
8. 
Combine residential solid waste and commercial solid waste into one (1) solid waste container.
[Ord. No. 15-12.35, 12-15-2015]
There is hereby imposed, for the collection and disposal of solid waste, in order to protect the general public health and environment, a service charge which shall be set by the City from time to time based on the contract or other measures then in force.
[Ord. No. 15-12.35, 12-15-2015]
A. 
The City owns and manages a brush disposal site for public use located at adjacent to MO HWY 5, south of the railroad overpass, formerly utilized as the municipal waste disposal site in compliance with the Missouri Department of Natural Resources and other rules and regulations of the State.
B. 
The operating hours of the brush disposal site shall be determined by the City Manager and may be changed from time to time. Any changes to the operating hours shall be announced through publication.
C. 
Only Certain Waste Products Allowed.
1. 
Only the following specific waste products may be deposited at the brush disposal site:
a. 
Brush/Non-Treated Wood: to include trees, tree limbs, tree trunks and general shrubbery.
b. 
Fill Material: to include dirt, sand, rock and brick.
c. 
Concrete Material: to include concrete, concrete blocks, brick.
d. 
Mulch Material: this area limited to leaves, grass clippings, wood chips.
2. 
The unauthorized deposit at the City dump of solid waste, hazardous waste, and demolition and construction waste other than those items listed above is strictly prohibited.
D. 
The City has a separate area at the brush disposal site marked "For City Use Only," used as a staging area for other items that are hauled to a proper recycling facility and is not for public use.
[Ord. No. 15-12.35, 12-15-2015]
Any person violating any of the provisions of this Chapter, or any lawful rules or regulations promulgated pursuant thereto, shall be fined in an amount not to exceed the sum of five hundred dollars ($500.00) per occurrence.