[R.O. 2003 § 225.010; CC 1997 § 60.010]
As used in this Article, the following
terms shall have these prescribed meanings:
An incinerator which complies with all current regulations
of the responsible local and State air pollution control agencies.
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.
The removal of solid waste from its place of storage to the
transportation vehicle.
Waste materials from the construction or destruction of residential,
industrial or commercial structures.
Disposable plastic or paper sacks with a capacity of twenty
(20) to thirty-five (35) gallons specifically designed for storage
of solid waste.
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.
Including, but not limited to, pathological wastes, explosive
wastes, pesticides, pesticide containers, toxic or radioactive materials.
A housing facility containing more than one (1) 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 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 quantity is reduced.
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 or agricultural wastes, and yard wastes,
discarded appliances, special wastes, industrial wastes, and demolition
and construction wastes.
COMMERCIAL SOLID WASTESolid waste resulting from the operation of any commercial, industrial, institutional or agricultural establishment and multiple houses or facilities with more than four (4) such dwelling units.
RESIDENTIAL SOLID WASTESolid waste resulting from the maintenance and operation of dwelling units, excluding multiple-housing facilities with more than four (4) dwelling units.
Receptacle used by any person to store solid waste during
the interval between solid waste collections.
The process of discarding or getting rid of unwanted material.
In particular, the final disposition of solid waste by man.
The entire solid waste system of total 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 transportation of solid waste from the place of collection
or processions to a solid waste processing facility or solid waste
disposal area.
Leaves, grass clippings, yard and garden vegetation and Christmas
trees. The term does not include stumps, roots or shrubs with intact
root balls.
[R.O. 2003 § 225.020; CC 1997 § 60.020]
A.
The occupant of every dwelling unit or
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.
B.
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.
C.
Residential solid waste shall be stored
in containers of not more than thirty-five (35) gallons nor less than
twenty (20) gallons in nominal capacity. Containers shall be leakproof,
waterproof, 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. The containers shall have handles, bails, or
other suitable lifting devices or features. Containers shall be of
a type originally manufactured for residential solid waste, with tapered
sides for easy emptying. They shall be of lightweight and sturdy construction.
The weight of any individual container and contents shall not exceed
seventy-five (75) pounds. Galvanized metal containers or rubber, fiberglass
or plastic containers which do not become brittle in cold weather
may be used. Disposable solid waste containers with suitable frames
or containers as approved by the Mayor and Board of Aldermen may also
be used for storage of residential solid waste.
D.
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.
E.
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.
F.
Solid waste containers which are not approved
will be collected together with their contents and disposed of.
[R.O. 2003 § 225.030; CC 1997 § 60.030]
A.
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.
B.
Tree limbs and yard wastes, as described in Section 230.020(D) and (E) respectively, shall be placed at the curb of collection point for collections. Solid waste containers as required by this Article for the storage of other residential solid waste shall be placed at the curb for collection. Any solid waste containers, tree limbs, yard wastes, or other solid waste permitted by this Article to be placed at the curb for collection shall not be so placed until the regularly scheduled collection day.
C.
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
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
Board of Aldermen.
D.
The following collection frequencies shall
apply to collections of solid waste within the City: All residential
solid waste, other than bulky rubbish, shall be collected at least
once weekly. At least seventy-two (72) hours shall intervene between
collections. All commercial solid waste shall be collected at least
once weekly and shall be collected at such lesser intervals as may
be fixed by the Mayor or Board of Aldermen or requested by the commercial
establishment upon a determination that such lesser intervals are
necessary for the preservation of the health and/or safety of the
public.
E.
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 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.
F.
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 was stored in compliance with Section 230.020(D) through (E) of this Article. Any spillage or blowing litter caused as a result of the duties of the solid waste collectors shall be collected and placed in the transportation vehicle by the solid waste collector.
[R.O. 2003 § 225.040; CC 1997 § 60.040]
A.
All transportation vehicles shall be maintained
in a safe, clean and also 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.
B.
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. 2003 § 225.050; CC 1997 § 60.050]
A.
Solid wastes shall be deposited at a processing
facility or disposal area approved by the City and complying with
all requirements of the Missouri Solid Waste Management Law of 1972,
Sections 260.200 to 260.245, RSMo., and the rules and regulations
adopted thereunder.
B.
The Mayor and Board of Aldermen may classify
certain wastes as hazardous wastes which will require special handling
and shall be disposed of only in a manner acceptable to the Mayor
and Board of Aldermen and which will meet all local, State and Federal
regulations.
[R.O. 2003 § 225.060; CC 1997 § 60.060]
A.
The City shall make, amend, revoke and
enforce reasonable and necessary rules and regulations governing,
but not limited to:
1.
Preparation, drainage and wrapping
of garbage deposited in solid waste containers.
2.
Specifications for solid waste containers,
including the type, composition, equipment, size and shape thereof.
3.
Identification of solid waste containers,
and of the covers thereof, and of equipment thereto appertaining,
if any.
4.
Weight limitations on the combined
weight of the solid waste containers and the contents thereof, and
weight and size limitations on bundles of solid waste too large for
solid waste containers.
5.
Storage of solid waste in solid waste
containers.
6.
Sanitation, maintenance and replacement
of solid waste containers.
7.
Schedules of and routes for collection
and transportation of solid waste.
8.
Collection points of solid waste
containers.
9.
Collection, transportation, processing
and disposal of solid waste.
10.
Processing facilities and fees for
the uses thereof.
11.
Disposal facilities and fees for
the use thereof.
12.
Records of quantity and type of wastes
received at processing and/or disposal facilities.
13.
Handling of special wastes, such
as toxic wastes, sludges, ashes, agriculture, construction, bulky
items, tires, automobiles, certain oils, greases, etc.
14.
The City Clerk, who is responsible
for preparing utility and other service charges billings for the City,
or the Board of Aldermen shall make and promulgate reasonable and
necessary rules and regulations for the billing and collection of
solid waste collection and/or disposal services, charges as hereinafter
provided for.
B.
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.
[R.O. 2003 § 225.070; CC 1997 § 60.070]
A.
It shall be unlawful for any person to:
1.
Deposit solid waste in any solid
waste container other than their 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 and transportation equipment, or with solid waste
collectors in the lawful performance of their duties as such, whether
such equipment or collection shall be those of the City or those of
a solid waste collection agency operating under contract with the
City.
3.
Burn solid waste unless an approved
incinerator is provided or unless a variance has been obtained from
the appropriate air pollution control agency.
4.
Dispose of solid waste at any facility
of disposal or location which is not approved by the City and Missouri
Department of Natural Resources.
5.
Engage in this business of collecting,
transporting, processing or disposing of solid waste within the corporate
limits of the City without having first entered into a contract with
the City regulating the method and manner of collection and transportation.
[R.O. 2003 § 225.080; CC 1997 § 60.080]
A.
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 each commercial establishment. The service charge for collection
of residential solid waste shall be set by contract between the City
and the contract hauler.
1.
The service charge for commercial
or business establishments shall be negotiated between the commercial
or business establishment and the contract hauler.
2.
The said service charges for residential
collection shall be payable at the City Hall building in the City
of Gallatin, Missouri, on or before the 10th day of each month following
each billing; and the billings therefor shall be separately entered
and shown upon the water bill of the person or persons responsible
for such solid waste and refuse collection service charge as is in
this Article provided. In case a person or the persons responsible
for such solid waste and refuse collection is not a City water customer,
then he/she or it shall be billed for such solid waste and refuse
service charge upon a water bill form.
[R.O. 2003 § 225.090; CC 1997 § 60.090; Ord. No. 762-91 § 60.090, 8-29-1991]
A.
Missouri Senate Bill 530[1] authorizes the formation of a multiple-County solid waste
management district to coordinate solid waste management planning
on a regional basis, and the Missouri Department of Natural Resources
has designated a solid waste region in the north Missouri area that
includes eleven (11) north Missouri counties of Carroll, Caldwell,
Chariton, Daviess, Grundy, Harrison, Linn, Livingston, Mercer, Putnam
and Sullivan Counties. A multiple-County solid waste management district
will facilitate the coordination and development of the solid waste
management planning process required by the Revised Statutes of Missouri.
1.
The City of Gallatin hereby joins
the North Missouri Solid Waste Management District formed pursuant
to Section 260.305, RSMo., and Chapter 70, RSMo.
2.
The City of Gallatin shall be represented
on the Management Council for the North Missouri Solid Waste Management
District by one (1) member of the Governing Body, or their alternate,
appointed by the Governing Body. Each of the Cities within Daviess
County which have a population over five hundred (500) within the
district shall be represented on the Management Council for the North
Missouri Solid Waste Management District by a member of that City's
Governing Body, or that member's alternate, appointed by that City's
Governing Body. Each Management Council member shall serve a term
of two (2) years and may subsequently be reappointed by the City's
Governing Body. A member of the Management Council whose elected term
of office in the City or County represented by that member has expired
shall be replaced expeditiously by the Governing Body of the City
or County previously represented by that member.
3.
The Management Council of this district
shall determine its quorum and adopt bylaws. A five-eights (5/8) majority
vote of the quorum of the Management Council is required to override
any decision of the Executive Board of the Management Council.
4.
It is hereby acknowledged by the
City of Gallatin that the North Missouri Solid Waste Management District
shall be organized under the alternative management structure found
in Chapter 260.300, RSMo. It is also recognized that the North Missouri
Solid Waste Management District shall work with and be provided staff
support by the Green Hills Regional Planning Commission in carrying
out its objectives.
[1]
Editor's Note: See generally Chapter 260, RSMo., for regulations
passed by L. 1990, S.B. No. 530, regarding solid waste districts.
[R.O. 2003 § 225.100; CC 1997 § 60.100; Ord. No. 809-93 § 60.100, 9-21-1993]
A.
The City of Gallatin hereby adopts as its
own a multi-jurisdictional solid waste management plan as prepared
by the North Missouri Solid Waste Management District (an intergovernmental
association created pursuant to Chapter 70, RSMo.) and as set forth
in the attached "Exhibit A," a copy of which is attached hereto and
incorporated herein as if fully rewritten.[1]
[1]
Editor's Note: Said exhibit is on file in the City offices.
B.
The City of Gallatin, through its adoption
of a North Missouri Solid Waste Management Plan as its own, does express
its intention to be involved with and conform to the solid waste management
initiatives outlined in the plan in Chapter 260, RSMo., together with
all administrative rules of the State of Missouri adopted pursuant
thereto.
