[Ord. No. 2016-4 § 1, 5-2-2016[1]]
This Article shall be known as the "Refuse Ordinance" of the City.
[1]
Editor's Note: Former Article II, Collection And Disposal, containing Sections 230.020 through 230.080, which derived from CC 1983 §§ 13-14 — 13-19; Ord. No. 413 § 1(A — H), 7-19-1971; Ord. No. 714 §§ 13-14 — 13-19, 3-4-1991; Ord. No. 884 §§ 1 — 3, 6-25-2001 was repealed 5-2-2016 by § 1 of Ord. No. 2016-4.
[Ord. No. 2016-4 § 1, 5-2-2016[1]]
As used in this Article, the following terms shall have the meanings indicated:
BULKY RUBBISH
All non-putrescible, non-liquid solid wastes, whether combustible or non-combustible, which are either too large or too heavy to be safely and conveniently loaded into vehicles designed for solid waste collection (packer trucks) without additional loading equipment and/or manpower.
CITY
The City of Caruthersville, Missouri.
COLLECTION
Removal of solid waste from its place of storage to the transportation vehicle and transportation to a designated facility.
COMMERCIAL GENERATOR
Any person engaged in an enterprise, including multiple housing facilities with more than six (6) dwelling units, and any other non-residential activity that generates solid waste.
CONTRACTOR
That person or entity that has entered into an agreement to provide the services described herein.
DEMOLITION AND CONSTRUCTION WASTE
Waste materials from the construction or demolition of residential, industrial or commercial structures.
DISPOSABLE SOLID WASTE CONTAINERS (BAG)
Disposable plastic sacks specifically designed for storage of solid waste.
DWELLING UNIT
Any room or group of rooms located within a structure and forming a single habitable unit with facilities that are used or are intended to be used for living, sleeping, cooking and eating.
EXCLUDED WASTE
All commercial solid waste (except as allowed by Section 230.050(C) below), compost, demolition and construction waste, hazardous waste, stable matter, special waste, yard waste and vegetable waste. Excluded waste also includes lead acid batteries, tires, rocks, sod, cement, dirt, stumps or logs.
GARBAGE
Putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving or consumption of food.
HAZARDOUS WASTE
Includes but not is limited to pathological waste, infectious waste, explosive waste, pesticides, pesticide containers, and toxic or radioactive materials, or as defined by the State of Missouri Department of Environmental Regulation or by any future legislative action or by Federal, State or local law.
LIGHT COMMERCIAL GENERATOR
Any commercial generator designated as such by the Director of the City's Waste Management Program that generates a limited quantity of solid waste, such waste being comparable in quantity to that generated by a single-family residence.
MULTIPLE HOUSING FACILITY
A housing facility containing more than one (1) dwelling unit under one (1) roof.
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.
REFUSE
Non-hazardous solid waste.
SERVICE AREA
The corporate limits of the City of Caruthersville, Missouri, at the time of approval of this agreement. In the event the corporate limits of this City are subsequently expanded, trash services shall also be expanded to any such area subject to the terms and conditions of this agreement.
SOLID WASTE
Unwanted or discarded waste materials in a solid or semi-solid state, including but not limited to putrescible and non-putrescible garbage, residential ashes, street refuse, rubbish, and animal or agricultural wastes.
1. 
COMMERCIAL SOLID WASTESolid waste resulting from the operation of any commercial, industrial, institutional or agricultural establishment and multiple housing facilities with more than six (6) dwelling units.
2. 
RESIDENTIAL SOLID WASTENon-hazardous solid waste resulting from the maintenance and operation of dwelling units, excluding multiple housing facilities.
SOLID WASTE COLLECTOR
A person who has satisfied the permit requirements of this Chapter in order to collect, transport and dispose of solid waste.
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 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.
SPECIAL WASTE
Is a form of excluded waste and is defined as non-hazardous, solid waste that is subject to additional governmental regulations or special handling requirements in collection, transportation, processing or disposal as a result of the characteristics of, or processes which generate, such waste. Special waste, includes, but is not limited to:
1. 
Waste iron from a commercial or industrial activity;
2. 
Waste generated by an industrial process or a pollution control process;
3. 
Waste which may contain free liquids;
4. 
Waste which may contain residue and debris from the cleanup of a spill of petroleum, chemical or commercial products or wastes, or contaminated residuals;
5. 
Articles from the cleanup of a facility which generates, stores, treats, recycles or disposes of chemical substances, commercial products or wastes;
6. 
Wastes which are non-hazardous as a result of proper treatment pursuant to Subtitle C of the Resource Conservation and Recovery Act of 1976 ("RCRA");
7. 
Asbestos containing or asbestos bearing material that has been properly secured under existing Federal, State, provincial and local laws, rules and regulations;
8. 
Containers that once contained hazardous substances, chemicals, or insecticides so long as such containers are "empty" as defined by RCRA;
9. 
Municipal or commercial solid waste that may have come into contact with any of the foregoing;
10. 
Filter cake sludge wastes from waste water treatment processes;
11. 
Wastes containing any regulated polychlorinated biphenyls; and,
12. 
Ash, sludge, tires and powders.
STORAGE
Keeping, maintaining or storing solid waste from the time of its production until the time of its collection.
YARD WASTE
Grass clippings, leaves, and tree, shrub and brush trimmings.
[1]
Cross Reference: Definitions and rules of construction generally, § 100.020.
[Ord. No. 2016-4 § 1, 5-2-2016]
A. 
The Solid Waste Contractor will provide one (1) ninety-six-gallon solid waste container to each residential and light commercial solid waste customer. Each residential and light commercial solid waste customer may rent additional ninety-six-gallon solid waste containers directly from the Solid Waste Contractor at the then current rate for such additional tote. The Solid Waste Contractor will provide dumpsters of such size as may be required for commercial solid waste customers participating in the City's Solid Waste Management Program. Solid waste customers shall keep all such containers maintained in a good state of repair with lids secured and in place at all times.
B. 
Every residential and light commercial solid waste generator within the corporate limits of the City shall store all solid waste in disposable solid waste containers (bags) which when outdoors shall be stored solely within the solid waste containers (totes) described in Subsection (A) above. Such containers shall be leak proof, 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. All such containers shall be the containers provided by the Solid Waste Contractor. The area surrounding the solid waste containers shall be maintained in a neat and sanitary condition at all times.
C. 
Commercial solid waste shall be stored in solid waste containers as approved by the Director. The containers shall be waterproof, leak proof and shall be covered at all times except when depositing waste therein or removing the contents thereof.
D. 
Yard wastes shall not be stored in or placed for collection in the solid waste containers specified in Subsection (A) or (C) above.
E. 
Debris connected with construction, remodeling, repair, or demolition will only be handled by special dumpster pickup.
F. 
No excluded waste shall be stored or placed in the solid waste containers for collection.
G. 
The contractor shall not be required to collect any loose or scattered items at the collection site resulting from the customer not properly storing such items in disposable solid waste containers (plastic bags) within the solid waste container (tote). The customer shall be responsible for clean up and pick up of all trash and other items which may have been placed for collection which have become strewn upon the ground or scattered upon the ground as a result of wind, rain, destruction of the container or the scattering of trash and items by any means including animals or accident.
[Ord. No. 2016-4 § 1, 5-2-2016]
A. 
The City shall provide for the collection of all residential and light commercial solid waste except for excluded waste. The City shall provide for the collection of all commercial solid waste (except for excluded waste) generated by commercial solid waste customers participating in the City's Solid Waste Management Program.
B. 
All residential and light commercial solid waste placed for collection shall be contained within the approved solid waste containers. Such solid waste containers shall be placed by the customer at curbside or as may alternatively be directed by the Director depending upon the collection route. The solid waste container(s) shall be oriented toward the street appropriately, with adequate clearance allowed between containers and obstructions for efficient collection by the mechanical collection system utilized by the Solid Waste Contractor. Any solid waste containers, tree limbs, yard waste or other solid waste permitted by this Chapter to be placed at the curb or alley for collection shall not be so placed until the regularly scheduled collection day. All solid waste containers shall be removed from the curb the same day the waste is collected.
C. 
Tree limbs and yard wastes, as may be described in Section 230.053 shall be placed at the curb or as directed by the Street Commissioner for collection.
D. 
Bulky rubbish may be scheduled for collection by request to the Street Commissioner. Bulky rubbish collection is intended for periodic use by residents and light commercial customers. It is not intended for the collection and disposal of a large amount of demolition and construction waste. Disposal of demolition and construction waste shall be the responsibility of the property owner, tenant, and/or their agents and contractors.
E. 
Solid waste collectors employed by the City or the Solid Waste Contractor are hereby authorized to enter upon private property of the purpose of collecting solid waste therefrom as required by this Chapter. Solid waste collectors shall not enter dwelling units or other buildings for the purpose of collecting residential sold waste.
F. 
The following collection frequencies shall apply to collections of solid waste within the City:
1. 
All residential solid waste, other than bulky rubbish shall be collected weekly upon a schedule as set by the City.
2. 
Light commercial solid waste shall be collected weekly upon a schedule as set by the City.
3. 
All commercial solid waste shall be collected at least once weekly and shall be collected at such more frequent intervals as may be fixed by the Street Commissioner or as requested by the commercial establishment upon a determination that such more frequent intervals are necessary for the preservation of the health and/or safety of the public.
4. 
Bulky rubbish shall be collected at the time specified by the Street Commissioner after receiving a request for such collection or as necessary.
G. 
Excluded waste will not be collected. The Solid Waste Contractor is permitted to refuse to collect the entire bin, container, bag or bundle containing such waste. It shall be unlawful for any person or entity to place excluded waste in a solid waste container for collection. In the event excluded waste is discovered following collection, the generator of such waste, in addition to the penalty provided herein, shall be responsible for all costs associated with proper disposal of such waste, including, but not limited to all handling, transportation, disposal, packaging, penalties, fines and abatement costs. Such costs shall be added to the next regular monthly bill and shall be due at the time provided in the code for timely payment of such bill.
H. 
Solid waste collectors, employed by the City or the Solid Waste Contractor shall be responsible for the collection of solid waste from the point of collection to the transportation vehicle provided the solid waste was stored and placed for collection in compliance with this Chapter. 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.
[Ord. No. 2016-4 § 1, 5-2-2016]
A. 
Solid waste shall be deposited at a permitted processing facility or permitted disposal area approved by the City and complying with the requirements of all local, State and Federal laws and regulations governing the same.
B. 
The generator of all hazardous wastes and unacceptable wastes shall be solely responsible for the disposal of such waste. Disposal of such waste is not included in the City's Solid Waste Management Program.
[Ord. No. 2016-4 § 1, 5-2-2016]
A. 
All leaves, hedge clippings, grass clippings, or garden waste shall be placed in plastic bags and shall not contain any other materials other than yard waste.
B. 
All limbs placed at the collection area shall be separate from any other material and shall be no more than eight (8) inches in diameter and no more than eight (8) feet long with side branches larger than one (1) inch in diameter also trimmed off. Limbs or trees larger than specified will be the responsibility of the property owner. No root balls from trees or shrubs will be the responsibility of the City.
C. 
No bag will be picked up that requires more than one (1) man to load. The weight of each bag should be no more than thirty (30) pounds and will not burst when lifted.
D. 
The leaf and limb route will be designated by policy as set by the Council Sanitation Committee.
[Ord. No. 2016-4 § 1, 5-2-2016; Ord. No. 2016-09 § 1, 11-21-2016; Ord. No. 2018-07, 8-20-2018[1]; Ord. No. 2020-14, 9-21-2020]
A. 
Service fees based upon the following schedule shall be charged monthly to the occupant(s) of every dwelling unit and of every institutional, commercial or industrial establishment producing solid waste within the corporate limits of the City.
Residential
$25.00 per dwelling unit
Light Commercial
$25.00 per business or institution
Commercial Dumpster:
Fees for dumpster service shall be as follows:
No. Of Pickups Per Week
2 Yard Dumpster
4 Yard Dumpster
6 Yard Dumpster
8 Yard Dumpster
1
$47.11
$94.22
$111.97
$136.14
Each additional
$47.11
$94.22
$111.97
$136.14
B. 
In addition to the fees set forth above, the City shall bill the customer for the cost of any loss or damage to the solid waste container provided by the solid waste contractor. All landlords shall be responsible for keeping and maintaining an approved solid waste container at each of their rental properties. In the event a container is damaged or stolen by a vacating tenant, the landlord shall be responsible for the cost of replacement of such container. The City shall bill the landlord for the cost of any replacement container or repairs.
C. 
Bills shall be included on the customer's monthly utility bill from the City and shall be due and payable at the same time as the City's bill for water and sewer service.
D. 
Service shall be discontinued for any customer failing to pay any charges or penalties imposed pursuant to this Chapter.
E. 
The rates and charges, set forth in this Section 230.054, for solid waste collection service shall be increased by two and one-half percent (2.5%) annually without further action, commencing on October 1, 2021, and on October 1 of each year thereafter.
[1]
Editor's Note: This ordinance provided an effective date of 10-1-2018.
[Ord. No. 2016-4 § 1, 5-2-2016]
A. 
It shall be unlawful for any person to:
1. 
Deposit solid waste in any solid waste container (including dumpsters) other than his/her own without the written consent of the owner of such.
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 or those of the Solid Waste Contractor.
3. 
Store solid waste or disposable solid waste containers outdoors or place solid waste or disposable solid waste containers at the curb or alley for pickup without them being placed in the solid waste containers as required by this Chapter or otherwise store solid waste other than as required by Section 230.050.
4. 
Place solid waste or solid waste containers at the curb on a day other than the day scheduled for collection.
5. 
Fail to remove empty solid waste containers from the curbside or alleyway as required in this Chapter.
6. 
Place yard waste, excluded waste, or any other unacceptable waste in a solid waste container for collection.
7. 
Burn solid waste unless an approved incinerator is provided or unless a permit has been obtained from the Missouri Department of Natural Resources.
8. 
Dispose of solid waste at any facility or location which is not approved by the City and State and Federal regulatory agencies governing the permitting of such facilities or locations.
B. 
Violation of any provision of this Chapter shall constitute an ordinance violation and shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in the County Jail not exceeding ninety (90) days, or by both such fine and imprisonment.
C. 
Every day any violation of this Chapter shall continue shall constitute a separate offense.