[R.O. 2007 §245.010; CC 1978 §235.010; Ord. No. 4434 §1, 11-18-2002]
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 and State air pollution control agencies.
- BULKY RUBBISH
- Non-putrescible solid wastes consisting of 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 O'Fallon, Missouri.
- Removal of solid waste from its place of storage to the transportation vehicle.
- DEMOLITION AND CONSTRUCTION WASTE
- Waste materials from the construction or destruction of residential, industrial or commercial structures.
- The City Administrator shall designate the Director of Environmental Services to serve as the Director of the Solid Waste Management Program of the City.
- DISPOSABLE SOLID WASTE CONTAINER
- Disposable plastic or paper sacks with a capacity of 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.
- Putrescible animal or vegetable wastes resulting from 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.
- 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, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision, or organization of any kind, or their legal representative, agent or assigns.
- Incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.
- 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, RSMo., 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 solid waste system of storage, collection, transportation, processing and disposal.
- SPECIAL WASTE
- Solid waste that requires special handling, i.e., hazardous waste, derelict automobiles and dead animals.
- Keeping, maintaining or storing solid waste from the time of its production until the time of its collection.
- 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.
- WHITE GOODS
- Refrigerators, washing machines, stoves, freezers, driers, etc.
[R.O. 2007 §245.020; CC 1978 §235.020; Ord. No. 480 §2, 9-17-1974; Ord. No. 4434 §2, 11-18-2002; Ord. No. 4579 §1, 10-15-2003; Ord. No. 5515 §1, 10-22-2009]
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.
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.
All single-family, two-family and attached single-family residential dwelling units shall be served by the City's trash service. Residential solid waste for collection by the City shall be stored in containers of not more than ninety-six (96) gallons supplied by the City. The City reserves the right to specify other storage methods. The City shall not collect solid waste from any containers other than those supplied by the City. All containers shall be leak-proof, water-proof 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.
Commercial solid waste shall be stored in solid waste containers as approved by the Director. The containers shall be water-proof, 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 245.050.
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.
Yard wastes shall be stored in containers or biodegradable paper bags so constructed and maintained so as to prevent the dispersal of wastes placed therein upon the premises served, upon adjacent premises or upon adjacent rights-of-way. The weight of any individual container and contents shall not exceed sixty (60) pounds.
Owners of solid waste containers which are not approved by the Coordinator will be notified that containers must meet City specifications.
[R.O. 2007 §245.030; CC 1978 §235.030; Ord. No. 480 §3, 9-17-1974; Ord. No. 4434 §3, 11-18-2002]
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. The City may, at its discretion, provide commercial solid waste collection services upon specific 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 in a manner approved by the City.
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.
Tree limbs and yard wastes, as described in Section 245.020(E, F) 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 as near as possible to driveway 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.
Bulky rubbish shall be collected by request to the Director. The Director shall establish the procedure for collecting bulky rubbish.
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.
All residential solid waste shall be collected once weekly.
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.
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 stored is in compliance with Section 245.020 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.
[R.O. 2007 §245.040; CC 1978 §235.040; Ord. No. 480 §4, 9-17-1974]
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 water-tight bodies and with covers which shall be an integral part of 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.
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.
[R.O. 2007 §245.045; Ord. No. 4893 §1, 8-16-2005]
Non-City of O'Fallon, Missouri waste haulers are hereby prohibited from collection bulky rubbish, demolition and construction waste, garbage, refuse, solid waste, yard wastes and white goods, (as those terms are defined in Section 245.010 of the Code of the City of O'Fallon, Missouri) in the City of O'Fallon, Missouri except between the following hours:
[R.O. 2007 §245.060; CC 1978 §235.060; Ord. No. 480 §7, 9-17-1974]
The Director shall make, amend, revoke, and enforce reasonable and necessary rules and regulations, governing, but not limited to:
Preparation, drainage and wrapping of garbage deposited in solid waste containers.
Specifications for solid waste containers, including the type, composition, equipment, size and shape thereof.
Identification of solid waste containers and of the covers thereof, and of equipment thereto appertaining, if any.
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.
Storage of solid waste in solid waste containers.
Sanitation, maintenance and replacement of solid waste containers.
Schedules of and routes for collection and transportation of solid waste.
Collection points of solid waste containers.
Collection, transportation, processing and disposal of solid waste.
Processing facilities and fees for the use thereof.
Disposal facilities and fees for the use thereof.
Records of quantity and type of wastes received at processing and/or disposal facilities.
Handling of special wastes such as toxic wastes, sludges, ashes, agriculture, construction, bulky items, tires, automobiles, oils, greases, etc.
The City Collector or 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.
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.
[R.O. 2007 §245.070; CC 1978 §235.070; Ord. No. 480 §8, 9-17-1974]
It shall be unlawful for any person to:
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;
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;
Burn solid waste unless an approved incinerator is provided or unless a variance has been obtained from the appropriate air pollution control agency;
Dispose of solid waste at any facility or location which is not approved by the City and the Missouri Division of Health;
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.
Dispose of any items in violation of any provisions of Chapter 260, RSMo.
[R.O. 2007 §245.080; CC 1978 §235.080; Ord. No. 480 §9, 9-17-1974; Ord. No. 4434 §4, 11-18-2002; Ord. No. 4579 §2, 10-15-2003; Ord. No. 4662 §1, 6-1-2004; Ord. No. 4785 §1, 3-15-2005; Ord. No. 4925 §1, 11-16-2005; Ord. No. 5349 §1, 7-10-2008; Ord. No. 5424 §1, 2-12-2009; Ord. No. 5515 §2, 10-22-2009; Ord. No. 5632 §1, 10-28-2010; Ord. No. 5755 §1, 12-8-2011]
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 to which such service shall be provided under the provisions of this Chapter as follows:
[Ord. No. 6162 §1, 12-10-2015]
Service and service charges may be suspended upon presentation of satisfactory proof to the Director that the occupant of the dwelling unit being served has a legal, environmentally compliant means of disposing of all waste generated on the premises. The burden is on the occupant to establish documentation and proof that their means of disposal (including transportation off the premises) is legal and environmentally compliant. The occupant must recertify with the Director each year that the unit being served continues to have legal, environmentally compliant means of disposing of all waste generated on the premises.
The City may bill for services on a monthly, bi-monthly, quarterly or other periodic basis, based on the rates set forth above, and may combine bills for solid waste services with bills for City water and/or sewer services provided to the same location. If such unified billing is adopted, the City Administrator shall adopt a policy to establish the sequence of the services being billed to which partial payments shall be applied.
The City Administrator, in coordination with the departments of environmental services and finance, may adopt administrative procedures to bill, receive, account for and enforce collection of all charges and may fix a reasonable time when payments shall be due, assess and collect reasonable fees, charges for late payment, returned checks, rejected payments, and other collection measures, including interest thereon at the rate allowed by law. Service may be discontinued for non-payment of any fees or charges and restoration of service may be withheld until all obligations owed to the City are satisfied.
Collection of solid waste shall be deemed to be furnished to both the occupant and owner of all dwelling units receiving service, and the occupant and owner of such establishments shall be severally and jointly liable to the City for payments of the charges.
The service and service charge shall be suspended upon presentation of satisfactory proof to the Director that any such dwelling unit or establishment is unoccupied and shall be commenced upon renewed occupancy thereof.
A discount equivalent to fifteen percent (15%) of the total monthly rate (not including late fees, penalties, interest, returned check fees, payment cancellation fees, collection costs, etc.) is available to individual residential customers (but not HOAs or other customers) upon proof that he/she is either over the age of sixty-five (65), or a veteran of the United States Armed Forces with a service-connected disability of at least twenty-five percent (25%). Proof of age must be in the form of a driver's license, State identification card, passport, or other government-issued ID issued by a government within the United States. A service disability must be verified by the United States Department of Veterans Affairs.
[Ord. No. 5930 §1, 8-22-2013]
Customers receiving a bill from the City for basic residential solid waste collection shall be given the opportunity to designate a voluntary contribution of one dollar ($1.00), three dollars ($3.00) or five dollars ($5.00) that shall become the amount due from the customer and payable as that customer's bill, and the voluntary contribution will be donated to a not-for-profit organization designated by the City. The terms for such contribution shall be set forth in an agreement executed between the City and the designated not-for-profit organization(s) and kept on file with the City Clerk. The designated not-for-profit organization(s) may change without notice to the customer.
[Ord. No. 6096 § 1, 5-14-2015]
[R.O. 2007 §245.090; CC 1978 §235.090; Ord. No. 480 §10, 9-17-1974]
Any person violating any of the provisions of this Chapter or any lawful rules or regulations promulgated pursuant thereto, upon conviction, shall be punished as set out in Section 100.010 of this Code.
[Ord. No. 6162 §2, 12-10-2015]
Security deposits for trash service shall be as follows:
[Ord. No. 6312 § 1, 1-26-2017]
Security deposits shall be paid prior to the initiation and start of service, or the City may, at its option, add security deposits to the customer's trash service bill. Unpaid deposits may result in service disconnection. Deposits shall be held without interest and are held to be applied to the final bill and any accumulated fees or charges until the customer has twenty-four (24) consecutive months of timely payment.
For purposes of this Section, "timely payment" is no more than one (1) late payment for assessed fee penalty for late or delayed payment, no returned check, no rejected payment, no discontinuation of service, etc.
Security deposits may be transferred and applied to a new location, at the City's discretion, when a customer relocates within the City's service area.
All security deposits shall be maintained in a separate account. No interest shall be paid on security deposits.
Liability Of Owner Of Multi-Unit Establishment. The owner of any multi-unit establishment containing two (2) or more units shall be considered the customer and user of trash service furnished to all units in the establishment and liable for the payment of deposit and service bills therefore.