[R.O. 2013 § 235.010; Ord. No.
KK333 § 1, 2-10-1986]
For the purpose of this Chapter, the following terms shall be
deemed to have the meaning indicated below:
An incinerator which complies with all current regulations
of the responsible local and State air pollution control agencies.
A person or entity with whom the City has contracted for
the collection, removal, and disposal of garbage, rubbish, or recyclable
materials.
[Ord. No. 3-1-18, 3-19-2018]
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 City of Lawson, Missouri.
Removal of waste from its place of storage to the transportation
vehicle.
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.
Disposable plastic or paper sacks with a capacity of twenty
(20) to fifty-five (55) 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) 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.
The person or entity listed with the Ray County Recorder
of Deeds as holding title to real property.
[Ord. No. 3-1-18, 3-19-2018]
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.
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
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, overburden, rock,
tailings, matte, slag or other waste material resulting from mining,
milling or smelting.
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 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.
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.
Leaves, grass clippings, yard and garden vegetation and Christmas
trees. The term does not include stumps, roots or shrubs with intact
root balls.
[Ord. No. 3-1-18, 3-19-2018]
A.
The
owner of every dwelling unit shall obtain and maintain solid waste
service with an authorized collector to provide sufficient and adequate
containers for the storage of all solid waste, except bulky rubbish
and demolition and construction waste, to serve each such occupied
unit; this Section shall not apply to commercial solid waste, as defined
in this Chapter, unless said waste is disposed of curbside in individual
storage containers. Such solid waste containers shall be maintained
at all times in good repair.
B.
It
shall be unlawful for an owner of a dwelling unit to not maintain
solid waste service with an authorized collector so long as the dwelling
unit is occupied.
C.
Nothing
in this Chapter shall be construed to prohibit:
1.
The removal by any person of his/her own solid waste and disposal
thereof at the disposal area of the authorized collector or on the
owner's premises in a sanitary manner to prevent a nuisance or hazard
to the health of the public; however, this provision shall not be
interpreted to relieve any individual from the obligation of maintaining
service with the authorized collector for monthly solid waste service;
or
2.
The removal by a person of his/her own solid waste and disposal thereof
with a company which collects solid waste for separation and recycling,
so long as such person has an existing solid waste contract for service
with an authorized collector; however, this provision shall not be
interpreted to allow any other establishment other than an authorized
collector to perform on-site/curbside waste pickup.
[R.O. 2013 § 235.020; Ord. No.
KK333 §§ 2.1 — 2.7, 2-10-1986]
A.
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.
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 fifty-five (55) gallons nor less than twenty (20) gallons in
nominal capacity. Containers shall be leakproof, waterproof, and fitted
with a flytight lid and shall be properly covered at all times except
when depositing waste therein or removing the contents thereof. 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 Director may also be used for storage
of residential solid waste.
D.
Commercial solid waste shall be stored in solid waste containers as approved by the Director. 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 235.070.
E.
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.
F.
Yard wastes shall be stored in containers so constructed and maintained
as to prevent the dispersal of wastes placed therein upon the premises
or upon adjacent public rights-of-way. The weight of any individual
container and contents shall not exceed seventy-five (75) pounds.
G.
Solid waste containers which are not approved will be collected together
with their contents and disposed of.
H.
Storage of solid waste containers at any residence must comply with Section 215.030(A)(16) as to not constitute a nuisance.
[Ord. No. 3-3-17 § I, 3-27-2017]
[R.O. 2013 § 235.030; Ord. No.
KK333 §§ 3.1 — 3.8, 2-10-1986]
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, of the entire City or portions thereof, as deemed to be in
the best interests of the City.
B.
All solid waste from premises to which collection services are provided
by the City 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 Director
as hereinafter provided. All solid waste collected shall, upon being
loaded into transportation equipment, become the property of the collection
agency.
C.
Tree limbs and yard wastes, as described in Section 235.020(E) and (F), respectively, shall be placed at the curb or alley for collection. Solid waste containers as required by this Chapter for the storage of other residential solid waste shall be placed at the curb or alley for collection. Any solid waste containers, tree limbs, yard wastes, 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.
D.
Bulky rubbish shall be collected by request to the Director. The
Director shall establish the procedure for collecting bulky rubbish.
E.
Solid waste collectors, employed by the City, are hereby authorized
to enter upon private property for the purpose of collecting solid
waste therefrom as required by this Chapter. 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 Director.
F.
The following collection frequencies shall apply to the collections
of solid waste within the City:
All residential solid waste, other than bulky rubbish, shall
be collected at least once weekly. 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 Director 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.
G.
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.
H.
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 235.020(C) through (F) of 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.
[R.O. 2013 § 235.040; Ord. No.
KK333 §§ 4.1 — 4.3, 2-10-1986]
A.
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.
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 materials
being transported shall spill upon the public rights-of-way.
[R.O. 2013 § 235.050; Ord. No.
KK333 §§ 5.1 — 5.2, 2-10-1986]
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 Director may classify certain wastes as hazardous wastes which
will require special handling and shall be disposed of only in a manner
acceptable to the Director and which will meet all local, State and
Federal regulations.
[R.O. 2013 § 235.060; Ord. No.
KK333 §§ 6.1 — 6.8, 2-10-1986]
A.
No person 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.
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 Director 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 fifty thousand dollars ($50,000.00) for
each person injured or killed, and in the amount of not less than
one hundred thousand dollars ($100,000.00) in the event of injury
or death to two (2) or more persons in any single accident, and in
the amount of not less than ten thousand dollars ($10,000.00) for
damage to property. Such policy may be written to allow the first
one hundred dollars ($100.00) of liability for damage to property
to be deductible. Should any such policy be canceled, the Director
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, which shall also place upon the company writing such
policy the duty to give such notice.
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; and
6.
Such other information as required by the Director.
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 in conformity with the laws of the
State of Missouri and this Chapter, the Director shall issue the permit
authorized by this Section. 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 solid waste transportation vehicle
to be used. If, in the opinion of the Director, 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 Director shall notify the applicant in writing setting
forth the modification to be made and the time in which it shall be
done.
E.
If the applicant does not make the modifications pursuant to the notice in Subsection (D) of this Section 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 Director 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 this Section shall be transferable from person to person.
G.
In order to insure compliance with the laws of this State, this Chapter
and the rules and regulations authorized herein; the Director is authorized
to inspect all phases of solid waste management within the City of
Lawson. 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 violation of this Chapter, 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 Director 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 correction shall be made.
H.
In all cases, when the corrective measures have not been taken within
the time specified, the Director 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 public
health hazard created by the delay, one (1) extension of time not
to exceed the original time period given.
[R.O. 2013 § 235.070; Ord. No.
KK333 § 7, 2-10-1986]
A.
The Director 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 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.
Handling of special wastes such as toxic wastes, sludge, ashes,
agriculture, construction, bulky items, tires, automobiles, oils,
greases, etc.
B.
The
City Clerk or such other City Official who is responsible for preparing
utility and other service charge billings for the City, is hereby
authorized to make and promulgate reasonable and necessary rules and
regulations for the billing and collection of solid waste collection
and/or disposal service charges, as hereinafter provided for.
C.
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 of
the City.
[R.O. 2013 § 235.080; Ord. No.
KK333 § 8, 2-10-1986]
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 collections 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, 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 or location which is
not approved by the City and the Missouri Department of Natural Resources;
5.
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.
[R.O. 2013 § 235.090; Ord. No.
KK333 § 9, 2-10-1986; Ord. No. KK410 § 1, 11-28-1989; Ord. No. KK415 § 1, 2-26-1990; Ord. No. KK438 § 1, 2-4-1991; Ord. No. KK688, 5-15-2000; Ord. No. 08-1-04 § 1, 1-22-2008; Ord. No. 09-4-01 § 1, 4-20-2009; Ord. No. 02-1-11 § 1, 2-22-2011; Ord. No. 02-1-12 § 1, 2-20-2012; Ord. No. 01-1-13 § 1, 1-21-2013]
A.
Service charges for the collection of residential solid waste shall
be established and collected by the authorized contractor with the
City of Lawson for the removal of solid waste.
B.
The service charge for commercial establishments shall be negotiated
between one (1) or more commercial establishments and the authorized
contractor with the City of Lawson for the removal of solid waste.
The commercial establishments will make the payment for these services
directly to the authorized contractor.
C.
All commercial establishments will certify each year prior to the
issuing of City merchant's license that they are being served
regularly once per week or more by an authorized contractor for the
removal of solid waste or that a variance from this requirement has
been previously granted by the Director.
D.
The service and service charge shall be terminated upon presentation
of satisfactory proof to the Director that any such dwelling unit
or establishment is unoccupied and shall be commenced upon renewed
occupancy thereof.
E.
The system of services established by the provisions of this Chapter
hereof is designed as an integral part of the City's program
of health and sanitation to be operated as an adjunct to the City's
system for providing potable water and the City's system for
providing sewerage disposal. The City may enforce collection of such
charges by bringing proper legal action against the occupant of any
dwelling unit or owner or any commercial establishment 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.
F.
The owner of any dwelling unit who fails to remit payment for the applicable service charge for the collection and disposal of solid waste within thirty (30) days of the due date of such service charge shall have solid waste services terminated for said dwelling unit. Termination of solid waste services shall result in a violation of Section 235.015 of this Chapter.
[Ord. No. 3-1-18, 3-19-2018]
G.
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 the City water and/or sewerage
service or for other water service or otherwise providing water service
to each dwelling unit. In the event a dwelling unit is not serviced
by the City water and/or sewerage service or in the absence of information
that such person is neither the owner nor the tenant of such dwelling
unit, in which event, billing therefor shall be made to the owner.
Service charges shall be payable to the department empowered to collect
service charges imposed by the City.
[R.O. 2013 § 235.100; Ord. No.
KK333 § 10, 2-10-1986; Ord. No. 3-1-18, 3-19-2018]
Any person found to be in violation of any of the provisions
of this Chapter, or any lawful rules or regulations promulgated pursuant
thereto, shall be punished by a fine of two hundred dollars ($200.00)
for the first violation, two hundred seventy-five dollars ($275.00)
for the second violation, three hundred fifty dollars ($350.00) for
the third violation, and four hundred fifty dollars ($450.00) for
the fourth and any subsequent violations.
[R.O. 2013 § 235.110; Ord. No.
KK333 § 11, 2-10-1986]
Performance bonds will be negotiated between the City and the
contractor.
