[CC 1996 § 230.010]
Whenever used in this Chapter, the following
words, terms and phrases and their derivatives shall be deemed to
have the meaning indicated below:
APPROVED DISPOSAL SITE
A solid waste disposal area which operates under applicable
permits approved by appropriate local, State and Federal agencies.
APPROVED INCINERATOR
An incinerator which operates under applicable permits approved
by appropriate local, State and Federal agencies.
APPROVED PROCESSING SITE
Incinerator, transfer station, compost plant or any reclamation,
recycling, salvage or other site where processing and/or storage before
or after processing of solid waste is done, which operates under application
permits approved by responsible local, State and Federal agencies.
BULKY RUBBISH
Non-putrescible solid waste consisting of combustible and/or
non-combustible waste materials from dwelling units, commercial, industrial,
or institutional establishments which are either too large or heavy
to be safely and conveniently loaded in solid waste transportation
vehicles by solid waste collectors with equipment available, including
discarded large appliances, such as freezers, refrigerators, water
heaters, etc.
CITY
The City of Salisbury, Missouri.
CLEAN FILL
Uncontaminated 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 Missouri Department
of Natural Resources for fill, reclamation or other beneficial use.
COLLECTION
Removal of solid waste from its place of storage to the transportation
vehicle.
COMPOST PLANT
A solid waste processing facility using a controlled process
of microbial degradation of organic material, which was not source
separated, into a stable, nuisance-free humus-like product.
COMPOSTABLES
Yard waste, such as grass clippings, leaves, vines, hedge
and shrub (including rose bushes) trimmings, tree trimmings, and tree
limbs less than six (6) inches in diameter and no longer than four
(4) feet in length, and/or other such organic materials from the yard.
COORDINATOR
The manager of the Solid Waste Management Program of Salisbury,
or his/her authorized representative.
COUNTY
The unincorporated areas of Chariton County, Missouri.
DEMOLITION AND CONSTRUCTION WASTE
Solid waste material from the construction or destruction
of residential, industrial or commercial structures, or rubble from
burned buildings.
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.
DISPOSABLE SOLID WASTE CONTAINERS
Disposable plastic or paper sacks with a capacity of twenty
(20) to thirty-five (35) gallons specifically designed for storage
of solid waste.
DISPOSAL
Final disposition of solid waste.
DNR
The Missouri Department of Natural Resources.
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
Putrescible animal or vegetable waste resulting from the
handling, preparation, cooking, serving, or consumption of food.
HAZARDOUS WASTE
Waste materials that are toxic or poisonous, corrosive, irritating
or sensitizing, radioactive, biologically infectious, explosive, or
flammable and that present a significant hazard to human health and
the environment.
INCINERATOR
A solid waste processing facility consisting of any device
or structure used for weight or volume reduction of solid waste by
combustion pursuant to disposal or salvaging operations.
MAJOR APPLIANCE
Clothes washers and dryers, water heaters, trash compactors,
dishwashers, conventional ovens, ranges, stoves, woodstoves, air conditioners,
refrigerators and freezers.
MUNICIPAL SOLID WASTE
Residential and commercial solid waste generated within a
community. Includes non-hazardous waste generated in households, commercial
and business establishments and institutions; and excludes industrial
process wastes, demolition wastes, agricultural wastes, mining wastes,
abandoned automobiles, ashes, and sewage sludge.
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.
OPEN BURNING
Burning of solid waste in the open, such as in an open dump.
OPEN DUMP
A solid waste disposal area at which solid wastes are disposed
of in a manner that does not protect the environment, are susceptible
to open burning and are exposed to the elements, vectors, and scavengers.
OPERATOR
A person, other than the owner, principally responsible for
the operation of a solid waste disposal area or a solid waste processing
facility.
OWNER
The person or persons holding title in fee to the land upon
which the solid waste disposal area or solid waste processing facility
is located; or during periods of operation of necessary subsequent
controls, any leaseholder of the land upon which a disposal area or
processing facility is located; or both such holder in fee or such
leaseholder.
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.
PLANS
Reports and drawings, including a narrative operational description,
prepared to describe the solid waste disposal area of a solid waste
processing facility and its proposed operation.
PROCESSING
Separating, incinerating, comporting, compacting, bailing,
shredding, resource recovery or other solid waste reduction processes.
PROCESSING FACILITY
Any facility where solid waste is salvaged or processed,
including but not limited to an incinerator, compost plant, transfer
station, bailer, shredder or resource recovery facility.
RECOVERED MATERIALS
Those items which have been diverted or removed from the
solid waste stream for sale, use, reuse or recycling, whether or not
they require subsequent separation and processing.
RECYCLABLES
Newsprint; brown, clear and green glass containers; aluminum;
plastic milk jugs and plastic soda bottles, all rinsed and reasonably
free of food, dirt and other contaminants. Also included as a recyclable
is any other material that the City and contractor may hereafter mutually
agree to collect as a recyclable.
RECYCLING
The separation and reuse of materials which might otherwise
be disposed of as solid waste.
RECYCLING CENTER
Any collection (not manufacturing) facility or system that
accepts source-separated materials for resale to markets for resource
recovery.
RESOURCE RECOVERY
A process by which recyclable and recoverable material is
removed from the waste stream to the greatest extent possible, as
determined by the Missouri Department of Natural Resources and pursuant
to Department standards, for reuse or remanufacture.
RESOURCE RECOVERY FACILITY
A facility in which recyclable and recoverable material is
removed from the waste stream to the greatest extent possible, as
determined by the Missouri Department of Natural Resources and pursuant
to Department standards, for reuse or remanufacture.
RUBBLE
Solid waste consisting of building material from structures
demolished by burning.
RUNOFF
The portion of precipitation that drains from the area as
surface flow.
SALVAGE YARD
A site where solid waste, including, but not limited to,
derelict automobiles, used automobile parts, tires, discarded appliances,
metal or wooden solid waste, or any combination thereof, are stored
or salvaged.
SALVAGING
The controlled removal of solid waste materials for utilization.
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 COLLECTOR
Those haulers licensed by the Solid Waste Management Program
of the City of Salisbury, Missouri.
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 materials.
In particular, the final disposition of solid waste by mankind.
SOLID WASTE DISPOSAL AREA
Any area used for the disposal of solid waste from one (1)
or more residential, commercial, industrial, manufacturing, recreational
or governmental operations.
SOLID WASTE MANAGEMENT SYSTEM
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.
SPECIAL WASTE
Solid wastes requiring handling other than that normally
used for municipal solid wastes.
STORAGE
Keeping, maintaining or storing solid waste from the time
of its production until the time of its collection.
TRANSFER STATION
A solid waste processing facility at which solid wastes from
collection trucks are placed in long-haul carriers.
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
Leaves, grass clippings, yard and garden vegetation and Christmas
trees. The term does not include stumps, roots or shrubs with intact
root balls.
[CC 1996 § 230.080; Ord. No. 09-10-01 § 1, 10-8-2009; Ord. No. 15-11-01 § , 11-12-2015]
A. It shall be unlawful for any person to:
1.
Deposit business or residential solid waste
inside or outside any solid waste container other than the container
designated for the collection of waste generated on that premises
for which payment of monthly charges is being made to the City for
collection of that waste; or
2.
Deposit business or residential solid waste
in any solid waste container placed in any public park or playground,
or in containers placed on the public streets by the City of Salisbury,
or in any public or parochial school grounds, or house of worship;
or
3.
Interfere in any manner with solid waste collection
equipment, with recycling storage containers, or with solid waste
collectors in the lawful performance of their duties, 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; or
4.
Burn garbage or solid waste, except as permitted
below, in an incinerator or burn barrel on the premises or on the
ground or in any other container; or
5.
Dispose of solid waste at any facility or location
which is not approved by the City, County, or State acting through
any of its agencies; or
6.
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; or
7.
Throw or dispose of any items at the City compost
collection site with the exception of leaves, grass, brush, tree logs,
limbs, and stumps, and other naturally growing vegetation; it shall
be specifically understood that materials such as paper, cardboard,
lumber, wooden items, or building materials that might otherwise be
considered items which can burn are NOT items which can be disposed
of at the City compost collection site and are strictly prohibited.
B. Notwithstanding any language set forth above in defining
prohibited practices, the following practices shall not be unlawful,
except during the period in which the City Fire Chief or other authorized
individual has publicly issued a burn ban:
1.
A property owner or lawful occupant of property,
subject to the conditions set forth, may burn the natural vegetation
which grew or naturally accumulated on the property on which the vegetation
grew or accumulated, subject to the following:
a.
"Natural vegetation" shall be meant to include
dry leaves, dry grass and/or mower clippings, dry weeds, dry brush,
dry vines, tree logs, limbs, and stumps.
b.
No burning permitted under this Subsection shall
begin before 6:00 A.M. and shall be extinguished by 7:00 P.M. the
same day.
c.
All burning permitted under this Subsection
shall be monitored by the presence of an adult over the age of eighteen
(18) years on the premises during the burn, and it shall be a violation
of this Chapter to leave a burn site unattended, meaning that no adult
over the age of eighteen (18) years is on the premises during the
burn.
d.
No burning permitted under this Subsection shall
be permitted on or within five (5) feet of a sidewalk, on or within
five (5) feet of the paved portion of a highway or street, or within
thirty (30) feet of any neighbor's property line.
e.
The property owner or lawful occupant of property
burning vegetation as permitted by this Chapter shall remain strictly
liable for any damages to person or property of others, whether on
or off the premises, found to have been caused by burning such vegetation,
and said permission shall not be considered license to create or maintain
a nuisance.
2.
A property owner or lawful occupant of property,
subject to the conditions set forth, may have on their premises a
recreational burning or fire, such as, but not limited to, fire pits,
campfires, and outdoor firing of pottery or for cooking, subject to
the following:
a.
Only propane, natural gas, dry firewood, dry
logs, wood chips, charcoal or other materials commonly used for recreational
burning may be used under this Subsection so as to reduce the smoke
produced.
b.
No burning under this Subsection shall be permitted
between 1:00 A.M. and 6:00 A.M.
c.
All burning permitted under this Subsection
shall be monitored by the presence of a person over the age of fifteen
(15) years on the premises during the burn, and it shall be a violation
of this Chapter by the premises occupant to leave a burn site unattended,
meaning that a person over the age of fifteen (15) years is not on
the premises during the burn.
d.
No burning permitted under this Subsection shall
be permitted on or within ten (10) feet of a sidewalk, on or within
twenty (20) feet of the paved portion of a highway or street, or within
thirty (30) feet of any neighbor's property line.
e.
The property owner or lawful occupant of property
maintaining a recreational burning as permitted by this Chapter shall
remain strictly liable for any damages to person or property of others,
whether on or off the premises, found to have been caused by such
burning, and said permission shall not be considered license to create
or maintain a nuisance.