[Ord. No. 944, 11-20-2014[1]]
For the purposes of this Chapter, the following terms shall be deemed to have the meanings indicated below:
BULKY RUBBISH
Any solid waste which is of a size too large to be stored in the specified disposable solid waste container.
COLLECTION
Removal and transportation of solid waste from its place of storage to its place of processing or disposal.
CONTRACTOR
Such person, firm or corporation as may be contracted with to provide solid waste transportation and disposal.
DEMOLITION OR CONSTRUCTION WASTE
Waste materials from the construction or destruction of residential structures.
DISPOSABLE SOLID WASTE CONTAINER
Disposable plastic or paper sacks 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 intended to be used for living, sleeping, cooking and eating.
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 other living organisms (Subsection 60.360 (11) of the Missouri Hazardous Waste Management Law).
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 tenant.
PROCESSING
Incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.
SOLID WASTE
Trash, refuse and garbage, putrescible and non-putrescible material (excluding, however, human body waste), including ashes, street clearings, dead animals, solid market and industrial wastes (excluding non-biodegradable plastics from industrial sources), rubbish, both combustible and non-combustible, including paper, cardboard, tin cans, wood, glass, bedding, crockery and similar materials; putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of foods (excluding human body wastes) and all other trash, refuse or garbage of any kind or description.
SOLID WASTE CONTAINER
A 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.
STORAGE
The containment of solid waste in individual containers at residential units.
YARD WASTE
Leaves, grass clippings, yard, lake and garden vegetation and Christmas trees. The term does not include stumps, roots or shrubs with intact root balls.
[1]
Editor's Note: Former Chapter 230, Solid Waste Management, comprised of Sections 230.010 through 230.090, derived from Ord. No. 467 §§ 1 — 8, 6-2-1977, as amended and Ord. No. 736, 6-28-1994, was repealed 11-20-2014 by Ord. No. 944.
[Ord. No. 944, 11-20-2014]
A. 
Solid Waste Storage Containers. The occupant of every dwelling unit producing solid waste within the corporate limits of the City of Lake Tapawingo 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 to maintain such solid waste containers at all times in good repair.
Solid waste containers shall be commercially obtained or obtained from the commercial waste hauling company employed by the City. All solid waste containers must have a lid that provides a waterproof top to the container and such lid must possess the ability to securely fasten to the container. All containers shall be secured with a secure fitting lid at all times. All containers shall not display any designs or writing of any kind with the exception of commercial writing or design incorporated by the manufacturer of such container. Residents may place their house number on the waste container in numbers not to exceed four (4) inches in height.
All food garbage or food stuff of any kind must be placed in the solid waste containers. In no event shall garbage or solid waste be stored on any residents' property for more than ten (10) days. Paper products not containing solid food waste may be placed in plastic bags for trash pick-up. Recyclables shall be placed in green tinted bags provided and approved by EWS Corporation or any other City approved and authorized recyclable pick-up corporation.
B. 
Duty To Use Containers. The occupant of every dwelling shall place all solid waste to be collected in proper solid waste containers, except as otherwise noted herein, and shall maintain such solid waste containers and the area surrounding them in a clean, neat and sanitary condition at all times.
Except for collection of trash times herein, all trash containers and paper yard waste bags shall be stored not less than twenty (20) feet from the edge of the street pavement facing the street side of the resident's dwelling, except for collection times noted herein. Plastic bags must not be stored or placed in any outside area except after 4:00 A.M. on the day of curbside pick-up. Trash containers shall only be placed for collection pick-up from Sunday 4:00 P.M. and removed the day of pick-up by 8:00 P.M.
C. 
Residential Containers. Residential solid waste shall be stored in containers of not more than ninety-five (95) gallons in nominal capacity. They shall be made of metal, hard plastic or a similar material. 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.
D. 
Commercial Containers. Commercial solid waste shall be stored in solid waste containers as approved by the City Building and Zoning Administrator or his/her designee. The containers shall be water-proof, leak-proof and shall be covered at all times except when depositing waste therein or removing the contents thereof.
E. 
Tree Limbs/Yard Waste. 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. All other yard waste shall only be placed in paper yard waste bags that are bio-degradable, compostable, moisture resistant, and self-standing. Alternatively, yard waste storage containers obtained from the commercial waste company employed by the City can be used. Yard waste shall only be placed at the curb line for pick-up no sooner than Friday at 3:00 P.M.
F. 
Unapproved Containers. The City Clerk, Building and Zoning Administrator, or Police Department will issue a written warning to any occupant using an unapproved container for storing solid waste. The occupant will have seven (7) calendar days to discontinue the use of unapproved containers. Any use of unapproved containers after this seven (7) day period will constitute a violation of this Chapter and will be subject to the penalties prescribed herein.
G. 
Store Containers On Private Property. 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.
[Ord. No. 944, 11-20-2014]
A. 
The City shall provide for the collection of solid waste as follows:
1. 
Residential waste. The City shall provide for the collection of all residential solid waste and said collection service shall be provided by contractors authorized and licensed by the City to enter upon private property to collect solid waste. City approved solid waste collection is mandatory for all dwellings.
2. 
Service charge. The City Clerk is hereby authorized to add the proper service charge for solid waste collection to all water bills of residents. The City may enforce collection of such service charges by bringing proper legal action against the owner and occupant of any dwelling unit to recover any sums due for such water and waste collection services, plus a reasonable attorney fee to be fixed by the Court, plus costs of such action.
3. 
Monitoring collection. The City Clerk or his/her designee shall monitor performance of the solid waste management system. The City's contractor shall notify the City Clerk or his/her designee of any occupant that is in apparent violation of this Chapter. The Clerk, Zoning Administrator, or police will notify the occupant of the violation of this Chapter and the penalties prescribed herein.
4. 
All solid waste from premises to which collection services are provided by City contract shall be collected, except for major appliances, waste oil, lead acid batteries, tires, furniture, hazardous wastes as defined herein; or, any large bulk item that cannot be easily collected by one (1) trash collector.
NOTE: The City of Lake Tapawingo has adopted the "MARC Solid Waste Management District integrated Solid Waste Management Plan" (Ord. No. 736, 6-28-94).
B. 
Collection Becomes Property Of Collection Agency. All solid waste collected, upon being loaded into collection equipment, shall become the property of the collection agency.
C. 
Tree Limbs And Yard Waste Collected. Tree limbs and yard waste as described in Section 230.020 shall be placed at the curb line for collection.
D. 
Collection And Frequency. The following collection frequencies shall apply to collections of solid waste within the City:
1. 
All waste collection shall be provided at least once per week. Bulk removal shall be provided on an as-needed basis. The City may authorize waste collection during additional days and hours if deemed necessary.
[Ord. No. 944, 11-20-2014]
A. 
Collection Vehicles. All collection 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 collection 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. Vehicles used for collection of bulky rubbish shall provide for securing of same rubbish to prevent scattering.
B. 
Earth And Rock From Excavation. 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. 944, 11-20-2014]
A. 
Disposal Of Solid Waste. Solid waste shall be disposed of at a processing facility or disposal area approved by the Missouri Department of Natural Resources.
B. 
Disposal Of Hazardous Waste. Hazardous waste shall be disposed of at a processing facility or disposal area approved by the Missouri Department of Natural Resources.
[Ord. No. 944, 11-20-2014]
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 equipment or with solid waste collectors in the lawful performance of their duties as such.
3. 
Burn solid waste.
4. 
Dispose of solid waste at any facility or location which is not approved by 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 business license.
[Ord. No. 944, 11-20-2014]
A. 
Maintain Premises Free Of Litter Or Rubbish. The occupant or person in control of any private property shall at all times maintain the premises free of litter or rubbish and shall store litter or rubbish in clean, authorized private containers for collection.
[Ord. No. 944, 11-20-2014]
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 twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00); providing that each day's violation thereof shall be a separate offense for the purpose thereof.