[R.O. 2006 § 230.010; CC 1975 § 60.010(1,
4, 9, 12)]
For the purposes of this Chapter, the following terms shall
be deemed to have the meanings indicated below:
APPROVED INCINERATOR
An incinerator which complies with all current regulations
of the Missouri Air Conservation Commission.
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.
CITY
The City of Greenfield, Missouri.
COLLECTION
Removal of solid waste from its place of storage to the transportation
vehicle.
CONTRACTOR
Such person, firm or corporation as may be contracted with
to provide solid waste transportation and disposal for the City.
CURBSIDE
A location adjacent to and not more than five (5) feet from
any street.
DISPOSABLE SOLID WASTE CONTAINER
Disposable plastic or paper sacks with a capacity of twenty
(20) to thirty-nine (39) gallons or, if specifically designated for
storage of solid waste, a maximum of fifty-five (55) gallons.
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.
Units of multiple-housing facilities may be billed as dwelling units
upon request by the owner of said dwelling units.
GARBAGE
Putrescible animal or vegetable wastes resulting from the
handling, preparation, cooking, serving or consumption of food.
HAZARDOUS WASTES
Any waste or combination of wastes, as determined by the
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.
MAJOR APPLIANCES
Clothes washers and dryers, water heaters, trash compactors,
dishwashers, conventional ovens, ranges, stoves, wood stoves, air-conditioners,
refrigerators and freezers.
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 a tenant.
PERSON
Any natural individual, firm, partnership, trust, association
or corporation. As applied to partnerships or associations, the word
includes the partners or members thereof; and as applied to corporations,
it includes the officers, agents or employees thereof who are responsible
for the act referred to.
PROCESSING
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
PROHIBITED ITEMS
Items which are eliminated by State law from being disposed
of in a solid waste disposal area including, but not limited to, major
appliances, waste oil, lead acid batteries, waste tires and the like
as the same may be now or hereafter defined by State law.
SOLID WASTE
Garbage, refuse and other discarded materials including,
but not limited to, solid and semi-solid 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, overburden, rock,
tailings, matte, slag or other waste material resulting from mining,
milling or smelting. Solid waste does not include "Yard Waste" as defined herein.
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 disposition of solid waste by man.
SOLID WASTE MANAGEMENT
The entire solid waste system of storage, collection, transportation,
processing and disposal.
STORAGE
Keeping, maintaining or storing solid waste from the time
of its production until the time of its collection.
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 WASTES
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. 2006 § 230.035; CC 1975 § 60.100]
All solid waste from premises to which collection services are
provided by the City or through a City contract 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 City as hereinafter provided. All
solid waste collected shall, upon being loaded into collection equipment,
become the property of the collection agency.
[R.O. 2006 § 230.060; CC 1975 §§ 60.260,
60.310]
A. No person, including any person contracting with the City for the
collection of solid waste, shall engage in the business of collecting,
transporting, processing or disposing of solid waste within the corporate
limits of the City 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. Permits
shall be approved by the Mayor.
B. No such permit shall be issued until and unless the applicant therefor,
in addition to all other requirements set forth, shall file and maintain
with the City 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, in
the amount of not less than one hundred thousand dollars ($100,000.00)
for each person injured or killed, and in the amount of not less than
three hundred thousand dollars ($300,000.00) in the event of injury
or death of two (2) or more persons in any single accident, and in
an amount of not less than fifty thousand dollars ($50,000.00) for
damage to property. Such policy may be written to allow the first
one thousand dollars ($1,000.00) of liability for damage to property
to be deductible. Should any such policy be canceled, the City 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
and provisions to that effect shall be incorporated in such policy.
Any subcontractor shall provide insurance coverage in like amount
as is required of the contractor.
C. Each applicant for any such permit shall state in his/her application
therefor:
1.
The nature of the permit desired as to collect, transport, process
or dispose of solid waste or any combination thereof;
2.
The characteristics of solid waste to be collected, transported,
processed or disposed;
3.
The number of solid waste transportation vehicles to be operated
thereunder;
4.
The precise location or locations of solid waste processing
or disposal facilities to be used;
5.
Boundaries of the collection area;
6.
If for processing or disposal, a copy of a permit issued by
the State of Missouri; and
7.
Such other information as required by the City.
D. 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 is in conformity with the laws of
the State of Missouri and this Chapter and is approved by the City,
the City Clerk shall, upon receiving the Mayor's written approval
of application, issue the permit authorized by the ordinance. The
permit shall be issued for a period of one (1) year, and each applicant
shall pay therefor a fee of five hundred dollars ($500.00) for each
solid waste processing or disposal facility to be operated and a fee
of one hundred dollars ($100.00) for each transportation vehicle to
be used. If, in the opinion of the Mayor, 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 Chapter,
the Mayor shall notify the applicant in writing setting forth the
modification to be made and time in which it shall be done.
E. If the applicant does not make the modifications pursuant to the notice in Subsection
(D) hereof, 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 not create a public health hazard or be without harmful effects on the environment, the application shall be denied and the applicant notified by the Mayor, 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 Chapter.
F. 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 the ordinance shall be transferable from person to person.
G. In order to ensure compliance with the laws of this State, this Chapter
and the rules and regulations authorized herein, the Mayor is authorized
to inspect all phases of solid waste management within the City of
Greenfield. No inspection shall be made of any residential waste unit
unless authorized by the occupant or by due process of law. In all
instances where such inspections reveal violation of this Chapter
concerning processing or disposal of solid waste or the laws of the
State of Missouri, the City shall issue notice for 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.
H. In all cases, when the corrective measures have not been taken within
the time specified, the City 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 not a public
health hazard created by the delay, one (1) extension of time not
to exceed the original time period may be given.
I. Any person who feels aggrieved by any notice of violation or order
issued pursuant thereto of the Mayor may within thirty (30) days of
the act for which redress is sought appeal directly to the Circuit
Court of Dade County, in writing, setting forth in a concise statement
the act being appealed and the grounds for its reversal.
J. Duration — Proration And Refund Of Fees. All
permits issued under the provisions of this Chapter shall expire on
the thirty-first (31st) day of December following the issuance thereof.
For a partial year permit, the fee shall be prorated quarterly. No
license fee shall be returned to the holder upon sale, transfer or
dissolution of the business for which the license was issued.
K. Display Numbers. All motor vehicles operating under
any permit required by this Chapter shall display the number or numbers
on each side in colors which contrast with that of the vehicle, such
numbers to be clearly legible and not less than two (2) inches high.
Each permit for processing or disposal facilities shall be prominently
displayed at the facility.
[R.O. 2006 § 230.080; CC 1975 § 60.320(3)]
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 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, those of a solid waste collection agency operating
under contract with the City, or any duly licensed collector.
3.
Dispose of solid waste at any facility or location which is
not approved by the City and the Missouri Division of Health.
4.
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.
5.
Burn solid waste unless a written permit has been obtained at
the City Hall. "Solid wastes" for the purpose of
this paragraph are defined as tree limbs, stumps, leaves, yard and
garden refuse.
The Board may require performance or payment bonds of any solid
waste collection agency prior to issuing permits to so operate.
[R.O. 2006 § 230.100; CC 1975 § 60.330]
A. There is hereby imposed for the collection and disposal of solid
wastes and for the improvement of the general public and environment,
a service charge for each dwelling unit to which such service shall
be provided under the provisions of this Chapter. The service charge
for collection of residential solid waste shall be in the amount as
may be fixed from time to time by the Board of Aldermen. The service
charge for each commercial establishment will be determined by the
City on the basis of quantity and characteristics of material, point
of pickup, and time required to collect the solid waste if service
is performed by the City. The service and service charge shall be
terminated upon presentation of satisfactory proof to the City that
any such dwelling unit or establishment is unoccupied, and shall be
commenced upon renewed occupancy thereof.
B. The system of services established by the provisions of this Chapter
hereof is designated as an integral part of the City's program
of health, sanitation and general welfare to be operated as an adjunct
to the City's system for providing all manner of utilities services.
The City may enforce collection of such charges by bringing proper
legal action against the occupant of the premises which has received
such services to recover any sums due for such services plus a reasonable
attorney's fee to be fixed by the court plus the cost of such
action.
C. The service charge herein provided for is hereby imposed upon the
occupant of each occupied dwelling unit and the billing therefor shall
be made to the person contracting for City utilities of any kind to
each such dwelling unit. In the event a dwelling unit is not serviced
by City utilities or in the absence of information that such person
is neither the owner or the tenant of such dwelling unit, then billing
therefor shall be made to the owner. Service charges shall be payable
to the City of Greenfield, Missouri.
D. The City shall include the foregoing service charge on its utility
bill as a separate charge, which shall be paid on or before the fifteenth
(15th) of the following month.
E. The City shall provide any contractor hereunder with a monthly statement
showing the number of dwelling units, together with all additions
and deletions.