[Ord. No. 2011-15 § 220.010, 11-1-2011]
As used in this Chapter and unless the context clearly requires
different meaning, references to one (1) gender include references
to the other gender, singular references include the plural and plural
references include the singular, statements including the word "shall"
are mandatory. The following, specific definitions apply to this Chapter:
APPLICANT
A person or persons seeking or holding a facility permit.
CITY
The City of Bel-Ridge, Missouri.
CLEAN FILL
Uuncontaminated soil, rock, sand, gravel, concrete, asphaltic
concrete, cinder blocks, brick, minimal amounts of wood and metal,
and inert solids as approved by rule or policy of the Department of
Natural Resources (DNR) for fill, reclamation or other beneficial
use.
COMPOSTING
The process of collecting yard waste in controlled proportions
with aeration and mixing for decomposition into mulch.
CURB
A location adjacent to and not more than five (5) feet from
any street.
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 this Section.
DEMOLITION LANDFILL
A solid waste disposal area used for the controlled disposal
of demolition wastes, construction materials, brush, wood wastes,
soil, rock, concrete and inert solids insoluble in water.
ENGAGE IN THE BUSINESS OF HAULING WASTE AND WASTE HAULING
For hire or commercial purpose to either:
1.
Use a vehicle for the collection or storage of waste within
the City, regardless of the number of times the vehicle is so used;
or
2.
Transport waste by vehicle within the City of Bel-Ridge more
than five (5) times during any waste business licensing year.
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.
HOUSEHOLD WASTE
All solid waste from residential dwellings other than:
4.
Other waste required by this Code to be specially treated or
separated from residential household waste collection.
INFECTIOUS WASTE
Waste in quantities and characteristics as determined by
the Department of Natural Resources (DNR) by rule, including isolation
wastes, cultures and stocks of etiologic agents, blood and blood products,
pathological wastes, other wastes from surgery and autopsy, contaminated
laboratory wastes, sharps, dialysis unit wastes, discarded biologicals
known or suspected to be infectious; provided, however, that infectious
waste does not mean waste treated to DNR specifications.
LICENSED WASTE HAULER
A waste hauler duly and currently licensed by the City for
the type of waste sought to hauled.
MAJOR APPLIANCES/LARGE HOUSEHOLD ITEMS
Non-putrescible solid wastes generated on residential premises,
such as clothes washers and dryers, water heaters, trash compactors,
dishwashers, conventional ovens, ranges, stoves, wood stoves, air
conditioners, refrigerators and freezers; oversize rugs and limited
construction waste, but not including automobiles and demolition materials
and consisting of waste which is either too large or too heavy to
be safely and conveniently loaded during regular solid waste pickup
in typical waste transportation vehicles by waste haulers with the
equipment available therefor.
MOBILE WASTE CONTAINER
Any container containing waste which is moved from the generation
point to the disposal or transfer/processing point over roadways within
the City.
MOTOR VEHICLE
Any self-propelled vehicle not operated exclusively upon
tracks, except farm tractors.
NON-RESIDENTIAL
Commercial, industrial, agricultural, institutional, educational
and recreational and all other property or use types that are not
defined as residential, including multifamily premises of three (3)
or more units and premises having mixed uses.
NON-RESIDENTIAL SOLID WASTE CONTAINER
A container of metal, plastic or other similar rigid materials,
not including plastic bags. Such container shall be leakproof, verminproof
and having lids which are hinged on one (1) side.
OPERATOR
Anyone so designated, and shall include cities, counties,
other political subdivisions, authority, State agency or institution,
or Federal agency or institution.
PERSON
Any individual, partnership, limited-liability company, corporation,
association, trust, institution, city, county, other political subdivision,
authority, State agency or institution, or Federal agency or institution,
or any other legal entity.
RECYCLABLES
Newsprint, magazines, office paper and other materials able
to be processed to form new materials or products; cardboard; brown,
clear and green glass containers; steel or tin cans; aluminum cans;
plastics able to be processed or remanufactured into other products
or refurbished for reuse. Also included as a recyclable is any other
material or product that the City may by license agreement hereafter
require to be collected as a recyclable.
RECYCLING
The separation and reuse of materials which might otherwise
be disposed of as solid waste.
RESIDENTIAL
A single-family residence or a residence for no more than
two (2) families.
RESIDENTIAL SOLID WASTE CONTAINER
A container made of galvanized metal, rubber, fiberglass
or plastic which is non-absorbent, leakproof and flytight and which
does not become brittle in cold weather; or plastic bags with a minimum
thickness of two (2) mils and with a capacity of not less than eighteen
(18) gallons nor more than ninety-five (95) gallons and meeting requirements
as defined in the license agreement, if any. Containers, other than
plastic bags, shall have handles, bails or other suitable lifting
devices or features and shall be of a type originally manufactured
for residential waste. They shall be lightweight and of sturdy construction
and shall have secure lids if not otherwise sealed.
SANITARY LANDFILL
A solid waste disposal area which accepts commercial and
residential solid waste.
SLUDGE
The accumulated semisolid suspension of settled solids deposited
from waste waters or other fluids in tanks or basins.
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, post-use polymers,
recovered feedstocks, overburden, rock, tailings, matte, mill scale
and slag or other waste material resulting from mining, milling or
smelting. Solid waste does not include "yard waste" as defined herein.
SOLID WASTE DISPOSAL AREA
Any area used for the disposal of solid waste from more than
one residential premises, or one or more commercial, industrial, manufacturing,
recreational, or governmental operations.
SPECIAL WASTE
Items which, by their very nature, can cause health problems
or injury to individuals including, but not limited to, products containing
harmful substances such as chlorofluorocarbons (CFCs) (e.g., refrigerators,
freezers, window air conditioners, etc.), solvents, insecticides,
cleaning agents, heavy metals, prescription drugs, explosives, incendiaries,
motor oils, lead acid batteries, tires, refrigerants, infectious waste
and any materials prohibited by the State law, City's ordinances or
the regulations of any governing health agency, fire protection district
or other jurisdiction.
TRANSFER STATION
A premise where waste is transferred from one container to
another. A transfer station may or may not be a recycling facility.
WASTE
Garbage, offal, refuse and other discard materials, including
liquid, gaseous, solid and semisolid materials and recyclables resulting
from industrial, commercial, agricultural and residential or domestic
activities or hazardous or special wastes.
WASTE HAULER
Any person engaged in the business of hauling waste in the
City.
WASTE PROCESSING
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
WASTE PROCESSING FACILITY
A facility where the incinerating, composting, baling, shredding,
salvaging, compacting, packaging, recycling or other processing of
waste eliminates or modifies waste or reduces the quantity of waste
or packages waste. Such facilities include, but are not limited to,
incinerators and compost plants and may include transfer stations.
WASTE TRANSPORTATION VEHICLE
Any vehicle used for collecting or transporting waste by
any person required to be licensed under this Chapter.
YARD WASTE
Grass clippings, vines, leaves, flowers, hedge and shrub
trimmings, garden vegetation tree limbs no greater than six (6) inches
in diameter and other forms of vegetation.
[Ord. No. 2011-15 § 220.020, 11-1-2011]
A. It shall be unlawful for any person to:
1.
Deposit any solid waste in any solid waste container other than
his/her own without the consent of the owner of such container or
with the intent of avoiding payment of the service charge lawfully
provided by the waste hauler for solid waste collection and disposal
from the premises of such person;
2.
Fail to have any waste collected as provided in this Chapter,
except as provided herein;
3.
Interfere in any manner with waste collection and transportation
equipment or with waste haulers authorized to conduct business in
the City, in the lawful performance of their duties as such, whether
such equipment or haulers shall be those of the City or those of a
waste hauler operating under license issued by the City;
4.
Burning any waste, except where authorized by law or regulations;
5.
Dispose of any waste other than as provided in this Chapter
at any facility or location which is not approved by the City and
the Missouri Department of Natural Resources, if applicable;
6.
Except as may be exempted herein, engage in the business of
storing, collecting, transporting, processing or disposing of waste
within the corporate limits of the City without a permit/license from
the City or operate under an expired permit/license or operate after
a permit/license has been suspended or revoked;
7.
Dump or deposit or permit dumping or depositing of any wastes
into any river, stream, spring, surface water or groundwater, whether
natural or artificial, within the boundaries of the City including
the dumping of yard waste into storm sewer inlets, on common grounds
or other areas not approved for composting;
8.
Tamper with any solid waste container of another or remove any
container from its location or remove any material from a solid waste
container, except by permission of the owner or under the authority
of a license for waste hauling issued by the City;
9.
Fail to make payment to the City's licensed waste hauler for
solid waste service provided;
10.
Violate any Section or requirement of this Chapter or any requirement,
promulgated under the authority thereof.
[Ord. No. 2011-15 § 220.030, 11-1-2011]
A. The occupant and the owner of any premises wherein any waste is produced,
generated or accumulated shall be jointly and severally responsible
to provide for waste collection and removal service for all waste
generated on the premises. The occupant and the owner of any premise
shall ensure that waste subject to this Section is picked up from
the subject premises at least one (1) time a week. No person shall
provide for solid waste collection by any collector other than one
(1) licensed for that purpose by the City nor shall a person avoid
providing for residential solid waste collection for that person's
household by combining his/her residential solid waste with that of
another residential household. In the event the City provides for
exclusive licensing for certain waste collection, each person responsible
herein to provide for waste collection for any premises shall be obligated
to contract with such exclusive licensee for such collection.
B. Any occupant and/or owner of a residential property that has had
its waste collection service suspended for failure to pay in violation
of this Chapter shall continue, notwithstanding such suspension, to
have a duty to provide for waste collection. The failure to either
contract for or secure advance lawful waste collection as provided
herein shall be a separate violation of this Section for each property
or premises in which waste is produced, generated or accumulated.
[Ord. No. 2014-06 § 1, 6-3-2014]
Collection of solid waste shall be deemed to be furnished to
both the occupant and owner of all dwelling units receiving service,
and the owner of such establishments shall be liable for payments
of the charges.
[Ord. No. 2011-15 § 220.040, 11-1-2011]
A. The occupant and the owner of any premises wherein any waste is produced
or accumulated shall be jointly and severally responsible to provide
and use solid waste containers as set forth in this Section. The solid
waste containers and the premises surrounding the containers shall
be maintained in a neat, clean, sanitary condition and shall not produce
odors so as to constitute a nuisance.
1.
Residential. Solid waste from residential premises shall be
deposited and stored in residential solid waste containers as defined
in this Chapter. Such containers shall not be filled in excess of
fifty (50) pounds and shall be covered with a flytight lid at all
times except when depositing waste therein or removing waste therefrom
and shall be leakproof. Certain non-putrescible solid wastes generated
on residential premises such as small appliances, small furniture
and small rugs, homeowner's construction debris from home repair and
minor remodeling not to exceed three (3) containers (and/or bundles
if permitted) per pickup, but excluding hazardous waste, special waste
(except as defined herein), tires and car parts may be set out with,
but not in, the solid waste container if the item(s) will not easily
fit into the solid waste container; provided that the owner of the
premises takes care that the items are kept from blowing, spilling
or otherwise being scattered.
2.
Non-Residential. Solid waste from all non-residential premises
shall be stored in container(s) of sufficient size to contain all
waste between pickups and are spillproof, leakproof and shall be covered
at all times except when depositing waste therein or removing waste
therefrom.
[Ord. No. 2011-15 § 220.050, 11-1-2011]
A. No person possessing or generating infectious, hazardous or special
waste shall permit such infectious, hazardous or special waste to
be placed in storage containers ordinarily used for solid waste.
B. No person possessing or generating infectious, hazardous or special
waste shall permit such infectious, hazardous or special waste to
be placed in storage containers that are not clearly marked "INFECTIOUS
WASTE," "HAZARDOUS WASTE" or "SPECIAL WASTE," as the case may be.
Such containers shall be located and secured in a way to avoid spillage
or tampering and in compliance with all applicable laws and regulations.
[Ord. No. 2011-15 § 220.060, 11-1-2011]
A. Residential solid waste containers, recyclable waste and yard waste
shall be stored upon the premises where the waste was generated unless
written permission for storage on other premises is obtained from
a person having authority to grant such permission. The containers
shall be stored in a place not visible from the street which the residential
structure faces. Residential waste, recyclables and yard waste shall
be placed at the curb or street frontage, except as otherwise required
by the City for collection. Solid waste containers, recyclable containers,
yard waste containers and bundles of yard waste permitted by this
Chapter shall be placed at the curb or street frontage, not more than
twelve (12) hours prior to the regularly scheduled collection day.
Waste containers shall be returned to their appropriate storage places
no later than 12:00 Midnight on the day of collection.
B. Non-residential solid waste containers, recycling containers (unless
otherwise approved herein by a special event permit) and yard waste
generated on non-residential premises shall be stored upon the non-residential
premises where the waste was generated, unless written permission
for storage on other premises is obtained from a person having authority
to grant such permission. The location, design and screening of containers
added after the adoption of this Section shall be specified on the
development plan for the premises or, if no development or site plan,
either screened by a six (6) foot high opaque fence made of masonry
or wood or a simulated wood product or placed so as not to be visible
from the street.
[Ord. No. 2017-35, 11-7-2017]
A. All commercial buildings and all buildings containing four (4) or
more residential units within the City of Bel-Ridge having one (1)
or more trash containers shall adequately screen the trash containers
with appropriate materials, so as to conceal the visibility of the
trash containers from the right-of-way and from neighboring residential
properties. For the purposes of this Section a "trash container" is
any container that is over one hundred (100) gallons in size and which
is not for public use.
B. All such trash container enclosures shall conform to all yard and
setback requirements for principal and accessory structures. This
Section shall not apply to any trash containers which are not reasonably
visible, as determined by the Code Enforcement Officer, from residential
properties or a public right-of-way.
C. Screening for trash containers shall be of a suitable material, such
as a vinyl polymer, that matches or is compatible with the building.
If the screening is constructed from wood, it must be painted or stained
so as to protect from rotting and in a manner that substantially matches
the building to which it relates. Chain link fences shall not be permitted
as a means for screening trash containers.
[Ord. No. 2011-15 § 220.070, 11-1-2011]
A. Demolition and construction waste shall be disposed of as follows:
1.
No person shall store in or place additional demolition and
construction waste in a waste container which is full.
2.
The person who has requested that a mobile waste container be
located to receive demolition or construction waste, and every person
who may lawfully require that a mobile waste container be removed
from a site, shall be responsible to ensure that every mobile waste
container is removed when full and the waste deposited at an appropriate
facility.
3.
Demolition and construction waste shall not be permitted on
the lot except during the period of demolition or construction.
4.
Demolition and construction waste shall be stored in a secure
container or otherwise secured to prevent dispersal by the wind.
5.
Waste container shall not be allowed to collect water so as
to become a public nuisance.
6.
Demolition and construction waste shall not be stored in a floodplain.
7.
A mobile waste container is full if no more waste can be added
to it without making it unsafe or illegal to transport.
8.
The location of any mobile waste container or other container
for the collection or storage of demolition or construction waste
shall not be located on a City right-of-way unless written approval
is obtained from the City with respect to location and period of time.
The permit or other approval from the City shall be posted on the
waste container in a weatherproof sleeve.
9.
Demolition and construction waste shall be at all times stored
so as to prevent scattering and, at least daily, collected and placed
in a container.
[Ord. No. 2011-15 § 220.080, 11-1-2011]
A. It shall be unlawful to deposit, commingle or conceal in a solid
waste container used or placed for collection of lawful solid waste
the following unlawful items:
B. These items shall be disposed of only as provided for by law.
[Ord. No. 2011-15 § 220.090, 11-1-2011]
A. The Mayor, upon determination that the presence of a hazardous waste
on a premises presents an imminent and substantial danger to health,
safety and welfare of the citizens of the City of Bel-Ridge or the
environment, has the authority to authorize a City employee or other
agent or officer to enter the premises and conspicuously post a notice(s)
on the premises as a warning of the danger.
B. The notice(s) may read substantially as follows:
|
DANGER
KEEP OUT
HAZARDOUS WASTE AREA
POSTED BY
City of Bel-Ridge
For Information Contact:
City of Bel-Ridge
8920 Natural Bridge
Bel-Ridge, Missouri 63121
(314) 429-2878
|
C. No person shall remove, mar, scratch, obliterate or in any manner
deface, hide from view or tamper with any such sign or signs.
[Ord. No. 2011-15 § 220.100, 11-1-2011]
The City shall make reasonable effort to notify the owner, occupant
or person in possession of the premises of the posting action and
the reason therefor. In addition, the City shall notify the Northeast
Fire Protection District, Bel-Ridge Police, and other appropriate
emergency response, civil defense or governmental agencies and local
utility companies of the posting action and the reason therefor.
[Ord. No. 2011-15 § 220.110, 11-1-2011]
A. The City may require the owner, occupant or person in possession
to prepare a safety plan for each location that may be found to contain
hazardous waste and furnish such a plan, in writing, to the City for
approval within the time limits as set by the City. Following approval
of such a plan, the City shall require the owner or person in possession
to implement such a plan.
B. In the event the owner, occupant or person in possession cannot be
found or refuses to prepare a plan and correct the hazardous situation
within a reasonable time as determined by the City, the City may,
if it deems it necessary in the interest of public health, safety
and welfare, enter upon the premises and, either with the equipment
and employees of the owner, occupant or person in possession or with
City-owned or leased equipment and City employees or with other contracted
services or in conjunction with other governmental authorities, do
such work, as is necessary, to correct any hazardous condition.
C. Upon the completion of such work, the total cost of such work shall
be determined and certified by the City Clerk. The certified amount
with the approval of the City Clerk endorsed thereon shall be transmitted
to the County Collector who shall assess the same as a special tax
against each lot or parcel of ground chargeable therewith in the name
or names of the owner or owners thereof.
D. All such special tax bills issued for such work shall be collectible
by suit brought by the City Attorney in the name of the City. Such
special tax bills and any action thereon shall be prima facie evidence
of the regularity of the proceedings for such special assessment,
the validity of the bill, the doing of the work and of the furnishings
of the materials charged for and of the liability of the property
to the charge stated in the bill, including the costs of bringing
the action as a part of the cost of doing the work. Each special tax
bill shall include a charge equaling the actual cost incurred by the
City for inspecting the same, giving the notice and further for issuing
and recording the tax bill, including attorney's fees. Such tax bills,
if not paid within thirty (30) days after issuance, shall bear interest
at the rate of eight percent (8%) per annum.
[Ord. No. 2011-15 § 220.140, 11-1-2011]
A. Disposal of special waste and other waste shall be in accordance
with Missouri State law.
B. Any person desiring to dispose of special waste from a residence
within the City shall contact the City's licensed waste hauler for
an inspection appointment. An employee of the waste hauler shall examine
the special waste at the scheduled time and determine the most appropriate
method of removal and will either arrange for removal or refer the
resident to the appropriate removal entity. Removal of special wastes
shall be at the resident's expense. Any person, whether residential
or non-residential, desiring to dispose of special waste consisting
of explosive and incendiary material such as ammunition, blasting
caps and dynamite shall be removed under the supervision of the Police
Department or by an agency designated by the Police Department.
C. Any resident desiring to dispose of major appliances/large household
items outside of the days designated in the license agreement between
the City and the City's licensed waste hauler for pickup of such items
shall contact the City's licensed waste hauler to arrange for removal
in compliance with the license agreement. Storage of major appliances/large
household items outdoors prior to collection shall be in compliance
with the time frames and conditions of this Code and be rendered safe
(e.g., refrigerator and freezer doors shall be removed) and have all
lockable doors or latches removed or locked.
[Ord. No. 2011-15 § 220.150, 11-1-2011]
A. The City may make periodic inspections as necessary to ensure compliance
with this Chapter and the terms of any permit or license issued. Failure
of the waste haulers or their agents or employees to cooperate with
the City inspections or to comply with the statements in the license
or permit applications or agreements or with the provisions of any
license may result in immediate revocation by the Mayor of any license
or permit issued under this Chapter.
B. Subject to all applicable legal requirements, the City shall have
the right of entry for inspection to ensure compliance with the authorization
granted by the City and to ensure the public health, safety and welfare.
For a violation of the terms of the authorization of the City or for
a condition which threatens the health, safety and welfare of the
residents of the City, the City shall notify the owners or their agents
to correct such violation. If the owners or their agents fail to correct
such violation within twenty-four (24) hours, the City is authorized
to enter the property and, with the owner's equipment and employees
or with City-owned equipment and employees or with other contracted
services or in conjunction with other governmental authorities, do
such work, as is necessary, to correct such violation. The cost of
such work shall be a special tax on the property and will be collectable
in the manner provided by law.