[R.O. 1993 § 215.010; Ord. No. 655 § 1, 12-21-1998]
For the purposes of this Article the following terms shall be deemed to have the meaning 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 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.
- Removal of solid waste from its place of storage to the transportation vehicle.
- The controlled biological reduction of organic waste to humus.
- DEMOLITION AND CONSTRUCTION WASTE
- 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. The Bel-Nor Environmental Commissioner shall serve as the Director unless otherwise provided by the Board of Aldermen.
- DISPOSAL SOLID WASTE CONTAINER
- Fifty-five-gallon roller carts provided by the City waste disposal contractor.
- 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 WASTE
- 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, copartnership, 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
- Unwanted or discarded waste materials in a solid or semisolid state, including but not limited to garbage, ashes, street refuse, rubbish, dead animals, animal and agricultural wastes, yard wastes, discarded appliances, special wastes, industrial wastes, and demolition and construction wastes.
- 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 deposition of solid waste by man.
- SOLID WASTE MANAGEMENT
- 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.
- The City of Bel-Nor, Missouri.
- YARD WASTES
- Grass clippings, leaves, tree trimmings.
[R.O. 1993 § 215.015; Ord. No. 655 § 1, 12-21-1998]
Owners of property located within the City may dispose of yard waste by composting such materials on their property as an accessory use. Composting may be conducted only with the following conditions and restrictions:
Composting piles shall be for private use only. It shall be unlawful to operate a commercial composting facility or to accept a fee for sale or use of the product of such composting or to accept a fee to receive material for composting unless such activity is authorized by and conducted in full compliance with the City's zoning ordinances.
All composting shall be conducted using approved composting procedures and complying with the following requirements:
All compost piles shall be enclosed in a freestanding compost bin which shall be no larger than one hundred (100) cubic feet for each ten thousand (10,000) square feet of lot size of the property on which it is located. Compost bins shall be so constructed and maintained as to prevent the materials contained therein from falling through the sides thereof and to prohibit the contents from being blown out of the container by wind or other natural forces. Compost bins shall not exceed five (5) feet in height, nor may the base of any compost bin exceed six (6) feet in length in any dimension.
All compost bins shall be so enclosed, constructed, and maintained as to prevent the harborage of rodents and pests. The presence of rodents in or near a compost pile shall be prima facie evidence of the maintenance of a public nuisance and public health hazard and, in addition to any other relief or punishment provided by law, an order for immediate removal thereof may be issued by the Environmental Commissioner.
All compost bins shall be so maintained as to prevent unpleasant, putrefactive, sweet, sour or pungent odors.
Compost bins may be located only in the rear area of a lot and behind the rear line of the principal building on the lot. No compost bin may be located within three (3) feet of the principal building, nor within three (3) feet of the rear or side lines of the lot. No compost bin may be located within fifteen (15) feet of any principal structure, deck, patio, pool or similar structure on adjacent property. No compost bin may be located on a corner lot within the required yard area along an adjacent street.
No compost bin shall be located in such a manner as to impede the natural flow of stormwater drainage or creeks.
It shall be unlawful to compost other than approved materials.
It shall be unlawful to compost the following materials or allow the following materials to be placed in a compost pile:
Every owner and tenant of property shall be responsible for maintaining all property under his/her control in accordance with the requirements of this Section. Any person found guilty of owning or occupying property upon which a compost pile in violation of this Section is located may be punished as provided in Section 100.220 in this Code.
[R.O. 1993 § 215.020; Ord. No. 655 § 1, 12-21-1998]
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.
Residential solid waste shall be stored in fifty-five-gallon roller carts provided by the City waste disposal contractor.
Commercial solid waste shall be stored in solid waste containers as approved by the Environmental Commissioner. 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 230.080.
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 so constructed and maintained as to prevent the dispersal of wastes placed therein 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.
Solid waste containers which are not approved will be collected together with their contents and disposed of.
[R.O. 1993 § 215.030; Ord. No. 655 § 1, 12-21-1998; Ord. No. 748 § 1, 5-15-2003]
All solid waste in the City shall be collected by private haulers operating under permits granted pursuant to the provisions of Section 230.070 hereof. The Environmental Commissioner as the Director of the plan shall promulgate such rules and procedures binding upon the holders of hauling permits to insure that means of collection of all solid waste within the City is provided at all times.
All solid waste from premises to which collection services are provided by the permit haulers 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 Environmental Commissioner 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 230.030(E) and (F) respectively, shall be placed at the curb or alley for collection. Solid waste containers as required by this Article for the storage of other residential solid waste shall be placed at the curb or building line for collection as may be required by the collector's permit. Any solid waste containers, tree limbs, yard wastes or other solid waste permitted by this Article to be placed at the curb or alley for collection shall not be so placed until the regularly scheduled collection day or not before 4:00 P.M. of the preceding day and shall be removed the day of the pickup.
Bulky rubbish shall be collected by request to the Environmental Commissioner. The Environmental Commissioner shall establish the procedure for collecting bulky rubbish.
Solid waste collectors are hereby authorized to enter upon private property for the purpose of collecting solid waste therefrom as required by this Article. 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 Environmental Commissioner.
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. All solid waste containers shall be stored behind the rear line of the principal building on the lot and screened from view from the street upon which the lot has its primary frontage at all times other than during the collection process.
Solid waste collectors 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 230.030(C), (D), (E) and (F) of this Article. 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.
Nothing herein shall prohibit the City from participating in recycling programs which would increase or decrease the amount of solid waste collected herein.
[R.O. 1993 § 215.040; Ord. No. 655 § 1, 12-21-1998]
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.
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. 1993 § 215.050; Ord. No. 655 § 1, 12-21-1998]
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.
The Environmental Commissioner may classify certain wastes as hazardous wastes which will require special handling and shall be disposed of only in a manner acceptable to the Environmental Commissioner and which will meet all local, State and Federal regulations.
[R.O. 1993 § 215.060; Ord. No. 655 § 1, 12-21-1998]
No person shall engage in the business of collecting, transporting, processing or disposing of solid waste or recycled materials within the corporate limits of the City after October 1, 1976, 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.
No such permit shall be issued or maintained until and unless the applicant therefor, in addition to all other requirements set forth, shall file and maintain with the Environmental Commissioner evidence of a satisfactory public liability insurance policy, covering all operations of such applicant pertaining to such business and all vehicles to be operated in the conduct thereof. Should any such policy be canceled, the Environmental Commissioner shall be notified of such cancellation by the insurance carrier in writing not less than thirty (30) days prior to the effective date of such cancellation, and provisions to that effect shall be incorporated in such policy, which shall also place upon the company writing such policy the duty to give such notice.
Each applicant for any such permit shall state in his/her application therefor:
The nature of the permit desired, as to collect, transport, process, or dispose of solid waste or any combination thereof;
The characteristics of solid waste to be collected, transported, processed, or disposed;
The number of solid waste transportation vehicles to be operated thereunder;
The premises location or locations of solid waste processing or disposal facilities to be used;
Boundaries of the collection area; and
Such other information as required by the Environmental Commissioner.
If the application shows that the applicant will collect, transport, process 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 Article, the Environmental Commissioner shall issue the permit authorized by this Article. The permit shall be issued for a period of one (1) year, and each applicant shall pay therefor a fee of twenty-five dollars ($25.00) for each transportation vehicle to be used. If, in the opinion of the Environmental Commissioner, modifications can be made to the application regarding service, equipment, or mode of operation so as to bring the application within the intent of this Article, the Environmental Commissioner shall notify the applicant in writing setting forth the modification to be made and the time in which it shall be done.
If the applicant does not make the modifications pursuant to the notice in Subsection (D) within the time limit specified therein, or if the application does not clearly show that the collection, transportation, processing or disposal of solid wastes will create no public health hazard or be without harmful effects on the environment, the application shall be denied and the applicant notified by the Environmental Commissioner, in writing, stating the reason for such denial. Nothing in this Section shall prejudice the right of the applicant to reapply after the rejection of his/her application, provided that all aspects of the reapplication comply with the provisions of this Article.
The annual permit may be renewed simply upon payment of the fee or fees as designated herein if the business has not been modified. If modifications have been made, the applicant shall reapply for a permit as set forth in Subsections (B) and (C). No permits authorized by this Article shall be transferable from person to person.
In order to insure compliance with the laws of this State, this Article and the rules and regulations authorized herein, the Environmental Commissioner is authorized to inspect all phases of solid waste management within the City of Bel-Nor. No inspection shall be made in any residential unit unless authorized by the occupant or by due process of law. In all instances where such inspections reveal a violation of this Article, the rules and regulations authorized herein for the storage, collection, transportation, processing or disposal of solid waste or the laws of the State of Missouri, the Environmental Commissioner shall issue notice for each such violation stating therein the violation or violations found, the time and date and the corrective measure to be taken, together with the time in which such corrections shall be made.
In all cases, when the corrective measures have not been taken within the time specified, the Environmental Commissioner shall suspend or revoke the permit or permits involved in the violation; however, in those cases where an extension of time will permit correction and there is no public health hazard created by the delay, one (1) extension of time not to exceed the original time period may be given.
Any person who feels aggrieved by any notice of violation or order issued pursuant thereto or of any regulation of the Environmental Commissioner may in writing appeal such order or the application of the regulation to the Board of Aldermen who may sustain, reverse or modify such order or regulation after a hearing thereon.
[R.O. 1993 § 215.070; Ord. No. 655 § 1, 12-21-1998]
The Environmental Commissioner shall make, amend, revoke, and enforce reasonable and necessary rules and regulations governing, but not limited to:
Preparation, draining 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.
Handling of special wastes, such as toxic wastes, sludges, ashes, agriculture, construction, bulky items, tires, automobiles, oils, greases, etc.
[R.O. 1993 § 215.080; Ord. No. 655 § 1, 12-21-1998]
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 residential collecting, transporting, processing or disposing of solid waste within the corporate limits of the City without a contract from the City, or operate under an expired permit, or operate after a permit has been suspended or revoked. No such contract shall be required for commercial and/or institutional uses or entities.
[R.O. 1993 § 215.090; Ord. No. 655 § 1, 12-21-1998]
From time to time the Board of Aldermen may secure sealed competitive bids for solid waste collection from the City Hall and residential dwelling units within the City, as that term is defined in this Article, and let such contract to the bidder found by the Board of Aldermen to be the lowest and best bidder. Such collections shall be made in accordance with the terms of this Article and the form of the solid waste collection contract shall be kept on file in the City Clerk's office.
The term of such contract shall be for a period not to exceed four (4) years. All charges for the contractor's services shall be collected by him/her from the households served.
[R.O. 1993 § 215.100; Ord. No. 655 § 1, 12-21-1998]
Any contract issued hereunder shall be subject to revocation by vote of a majority elected to the Board of Aldermen, to be effective thirty (30) days after mailing written notice of such revocation postage prepaid to hauler at the address given in the application for the permit. Hauler shall be entitled to a prorated refund of the permit fee for the balance of the permit year in the event of such revocation.
[R.O. 1993 § 215.110; Ord. No. 655 § 1, 12-21-1998]
Any person violating any of the provisions of this Article, or any lawful rules or regulations promulgated pursuant thereto, upon conviction, shall be punished by a fine of not more than five hundred dollars ($500.00), provided that each day's violation thereof shall be a separate offense for the purpose hereof.
[Ord. No. 918 § 1, 5-18-2015]
As used in this Article the following specific definitions apply:
- DEMOLITION LANDFILL
- A disposal area used and properly licensed for the disposal of demolition and construction waste, untreated wood wastes, soil, rock, asphaltic concrete, and other non-decomposable inert solids insoluble in water.
- DEMOLITION OR CONSTRUCTION WASTE
- Waste materials generated from the demolition or construction of residential, industrial or commercial structures.
- INFECTIOUS, HAZARDOUS AND SPECIAL WASTES
- Waste materials associated with demolition or construction activities which have been classified as hazardous, infectious or special by the Missouri Department of Natural Resources and/or the U.S. Environmental Protection Agency. For purposes of this Article, the term "hazardous waste" shall also include material containing any amount of asbestos or other dangerous friable matter.
[Ord. No. 918 § 2, 5-18-2015]
No person shall store in or place additional demolition or construction waste in a waste container of any sort which is full or which cannot reasonably accommodate additional material without posing a risk of spillage. A waste container is "full" for purposes of this Article if:
The person who has requested that a waste container be located to receive demolition or construction waste or that a container holding demolition or construction waste be removed from a site shall require that a waste container which is full be removed and the waste deposited at a demolition landfill.
Demolition and construction waste shall be stored in a secure container or otherwise secured to prevent dispersal by the wind or due to movement during transport.
Demolition and construction waste shall not be stored in a floodplain unless it is stored in a mobile/roll-off waste container reasonably elevated and secured against risk of floods.
[Ord. No. 918 § 3, 5-18-2015]
Except as provided in this Section, no person shall engage in the business of collecting demolition or construction waste in Bel-Nor or transporting demolition or construction waste on any highway, road or street in Bel-Nor without first obtaining a demolition/construction waste collection and transportation permit from Bel-Nor. This Section shall not apply to employees of the holder of any such permit, or to vehicles that transport no waste except white goods and/or scrap metal.
No permit authorized by this Article shall be transferable from person to person or company to company.
[Ord. No. 918 § 4, 5-18-2015]
No person shall engage in the business of hauling demolition or construction waste without maintaining public liability insurance governing all operations of the insured pertaining to the business and all vehicles to be operated in the conduct thereof. The insurance shall be with an insurer reasonably acceptable to Bel-Nor and shall include coverage in one (1) policy or multiple policies for any contractors or subcontractors engaged by the insured for such business. Evidence of such insurance shall be filed with the Bel-Nor Clerk. The minimum limits of insurance for public liability and auto liability shall be one million dollars ($1,000,000.00) for bodily injury to each person, three million dollars ($3,000,000.00) for total bodily injury for each occurrence, and one million dollars ($1,000,000.00) for property damage for each occurrence.
Should any policy be canceled, the Bel-Nor Clerk shall be notified of such cancellation by the insurance carrier in writing not less than ten (10) days prior to the effective date of such cancellation.
[Ord. No. 918 § 5, 5-18-2015]
All infectious, hazardous or special wastes will require special handling and shall be reused, recycled, transported and disposed of in a manner which will meet all State and Federal regulations.
No person shall haul infectious, hazardous or special waste in a waste transportation vehicle or waste container used for or containing waste which is not infectious, hazardous or special waste, as the case may be, or which is not a waste hauling vehicle or waste container which can safely transport waste of such kind. All such containers containing such waste shall be covered and secured against dispersal by wind, rain or movement at all times except while being actively accessed to deposit additional materials.
No person shall collect or transport waste which has been identified as infectious, hazardous or special waste, or which such person has reason to know is in fact infectious, hazardous or special waste, unless such person has the capability legally and safely to transport and dispose of the waste at an appropriate waste treatment facility.
If any infectious, hazardous or special waste material is encountered at any demolition or construction site, no operations at such site may be carried on until and unless a properly licensed and trained person legally authorized to deal with the installation, removal, storage and transportation of such waste shall be on site and actively supervising all activities associated with such materials.
[Ord. No. 918 § 6, 5-18-2015]
Any permit issued pursuant to this Article may be suspended immediately by the Building Official if any violation of the standards required hereby is observed. A hearing on revocation or other discipline of such permit shall be held as soon as reasonably feasible. If a permittee is shown by a preponderance of the evidence to have violated any requirement of this Article, such permit is subject to revocation.
Any permittee whose has suffered a revocation of a permit it shall be ineligible for issuance of a new permit for one (1) year from the date of such revocation.
Any person aggrieved by any notice of violation or order issued pursuant hereto may, within ten (10) days of the decision for which redress is sought, appeal directly to the Bel-Nor Governing Body in writing, setting forth in a concise statement the attendant facts and circumstances, the decision being appealed and the grounds for its reversal.
[Ord. No. 918 § 7, 5-18-2015]
Application for permits to generate demolition waste (resulting from the destruction/removal of any institutional, commercial, public, industrial or residential structure or building within the unincorporated areas of the County) shall be submitted to the Bel-Nor Clerk by the person possessing or generating the demolition waste. The authorized application fee of one hundred dollars ($100.00) shall be submitted with each application. Owner-occupied residential property owners conducting their own demolition/construction activities at their own residences shall be exempt from payment of the fee authorized by this Section.
The application made by the person possessing or generating the demolition waste shall include a description of the waste, estimated volume, transportation, handling, and disposal/processing/transfer station resource recovery/recycling facility location. The application shall also contain such other information as the Building Official may require, either before or after the initial submission of the application.
Based on the merit and competence of the submittal, the Building Official shall approve or deny the applications for permits to dispose of special wastes or to generate demolition wastes and, if the applications are approved, may attach any conditions deemed necessary to protect the public health and welfare and the environment. Copies of the approval document shall be sent to the Missouri Department of Natural Resources. Approval may be granted for specific disposal events identified in the application, or approval may be granted for recurring, similar disposal needs. In no event, however, shall a permit's effective period extend beyond one (1) year from the date of approval.
The applicants, their agents and employees shall comply with the statements made in the application regarding anticipated means of handling and disposing of waste and shall comply with the additional terms and conditions attached by the Building Official.
The Building Official or his/her designee shall conduct periodic inspections as necessary to insure compliance with the terms of approved permits. Failure of the applicants, their agents or employees to cooperate with any such inspections or to comply with statements made in the application or with any additional terms and conditions imposed by the Building Official shall result in immediate revocation of the permit to dispose of special waste or to generate demolition waste.
The Building Official and his/her designee shall have the right of entry for inspection to insure compliance with the requirements of this Article and any permit issued pursuant thereto.