[Ord. No. 93§ 1, 5-13-2003]
The following terms as used in this Chapter shall have the following definitions:
- The City of Ellsinore, Missouri.
- The collection, removal and transportation of all solid waste from its place of storage and transporting it to its place of processing or disposal.
- CONSTRUCTION AND DEMOLITION WASTE
- Waste materials from the construction and demolition of residential, industrial, or commercial structures, but shall not include materials defined as "clean fill" under this Section.
- DISPOSAL SOLID WASTE CONTAINER
- Any commercially marketed, disposable plastic bag with a capacity of twenty (20) to thirty-five (35) gallons, especially designed, manufactured and sold for the purpose of storing solid waste.
- Putrescible animal or vegetable waste resulting from the handling, preparation, cooking, serving or consumption of food.
- HAZARDOUS WASTE
- Any waste or combination of wastes, as determined by the Missouri 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.
- MULTI-HOUSING FACILITY
- Any housing facility containing more than one (1) dwelling unit under one (1) roof.
- Any person who, alone, 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.
- 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.
- The incineration, composting, baling, shredding, salvaging, compacting or any other process whereby solid waste characteristics are modified or solid waste quantity is reduced.
- All solid waste.
- RESIDENTIAL 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.
- 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.
- SOLID WASTE CONTAINER
- Any receptacle used by any person to store solid waste prior to its collection.
- SOLID WASTE DISPOSAL
- The process of discarding solid waste.
[Ord. No. 93, § 2, 5-13-2003]
The occupant of every dwelling unit and of every institutional, commercial, 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 units and or establishments, and to maintain such solid waste containers at all times in good repair.
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 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.
Commercial solid waste shall be stored in solid waste containers as approved by the City. 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 230.050, hereof.
Solid waste containers which are not approved will be collected together with their contents and disposed of.
[Ord. No. 93 § 4, 5-13-2003]
Solid wastes shall be disposed of at a processing facility or disposal area approved by the City and complying with all requirements of the Missouri Division of Health.
The Mayor 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 which will meet all local, State and Federal regulations.
[Ord. No. 93 § 5, 5-13-2003]
No person except the City's principal contractor 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.
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 Clerk 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) per person, and the amount of not less than three hundred thousand dollars ($300,000.00) per occurrence, in the event of injury or death of two (2) or more persons in any single accident, and in the 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 hundred dollars ($100.00) of liability for damage to property to be deductible. Should any such policy be canceled, the City Clerk 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.
Each applicant for any such permit shall state in his/her application therefor: the nature of the permit desired to collect, transport, process or dispose of the solid waste or any combination thereof; the characteristics of solid waste to be collected, transported, processed or disposed; the precise location or locations of solid waste processing or disposal facilities to be used; the number of solid waste vehicles to be operated thereunder; boundaries of the collection area; the name of the person or persons for whom solid waste is to be collected; and such other information as required by the City Clerk. In addition, it shall be the duty of each applicant to provide the City Clerk on a monthly basis with an accurate list of persons for whom solid waste is being collected.
If the application shows that the applicant will collect, transport process and dispose of solid waste 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 City Clerk shall issue the permit authorized by this Chapter. The permit shall be issued for a period of one (1) year, and each applicant shall pay therefor a fee as set by the Board of Aldermen from time to time. If, in the opinion of the City Clerk, modifications can be made to any unacceptable application regarding service, equipment or mode of operation, so as to bring the application within the intent of this Chapter, the City Clerk shall notify the applicant in writing setting forth the modification to be made.
If the applicant does not make the modifications pursuant to the notice described in Subsection (D), and 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 shall be notified by the City Clerk in writing of 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.
The annual permit may be renewed simply upon payment of the fee or fees as designated therein if the applicant's 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) of this Section. No permits authorized by this Chapter shall be transferable from person to person.
In order to insure compliance with the laws of this State, this Chapter and the rules and regulations authorized herein, the Chief of Police is authorized to inspect all phases of solid waste management within the City. 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 Chief shall issue notice for each such violation stating therein the violation or violations found, together with the time in which corrections shall be made. Such notice shall give five (5) days to effectuate corrective action.
In all cases, when the corrective measures have not been taken within the time specified, the City Clerk shall suspend or revoke the permit or permits involved in the violation; provided, however, that in those cases where an extension of time will permit correction and there is no public health hazard created by the delay, one (1) extension of time not to exceed the original time period may be given.
Any person who feels aggrieved by any notice of violation or order issued pursuant thereto may, within three (3) days of receipt of such notice, appeal directly to the City Clerk, in writing, setting forth in a concise statement the act being appealed. An appeal from the decision of the City Clerk may be taken to the Board of Aldermen at the next regular meeting, whose decision shall be final.
The City Clerk may, in case of emergency, authorize a contractor other than the principal contractor to engage in the business of collecting, transporting, processing or disposing of solid waste within the corporate limits of the City; said emergency contractor shall substantially fulfill the requirements for the primary contractor as set forth in this Section.
[Ord. No. 93 § 6, 5-13-2003]
It shall be unlawful for any person to: 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; 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; burn solid waste unless an approved incinerator is provided or unless a variance has been obtained from the appropriate air pollution control agency; dispose of solid waste at any facility or location which is not approved by the City and the Missouri Division of Health; 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.
[Ord. No. 93 § 7, 5-13-2003]
The City shall enter into a contract or contracts for a period not to exceed two (2) years with one (1) or more solid waste haulers, to provide uniform waste hauling services to City residents and commercial establishments, which contract or contracts shall in all respects otherwise comply with the requirements of this Chapter.
The service charge shall be determined by the current contract between the City and the solid waste collection agency. The service charge herein provided for is hereby imposed upon the occupant of each occupied dwelling unit and payable to the solid waste collection agency.
[Ord. No. 93 § 8, 5-13-2003]
Each owner or occupier is required to maintain proof of proper disposal of solid wastes by obtaining a receipt from a licensed commercial trash hauler reflecting the name of the owner or occupier, the address from which the solid waste originated and the date of the disposition or payment. Failure to obtain or present a receipt showing proper disposal of solid waste shall be a violation of this Chapter and shall constitute an ordinance violation upon conviction.
[Ord. No. 93 § 9, 5-13-2003]
The Mayor or any City Police Officer may request and inspect receipts of an owner or occupier from a licensed commercial trash hauler showing compliance with this Chapter by any occupant or owner of every dwelling unit or of any commercial business, industrial or agricultural establishment within the City, which receipt shall show the name of the owner or occupier, the address from which the solid waste originated and the date of disposition or payment.
Nothing in this Chapter shall be construed to prevent any person or commercial establishment from individually contracting for the collection of solid waste provided that all other requirements of this Chapter have been met.
[Ord. No. 93 § 10, 5-13-2003]
Any person violating any of the provisions of this Chapter, upon conviction, shall be punished by a fine and/or imprisonment as set forth in Section 100.220 of this Code and court costs; provided, that each day's violation thereof shall be a separate offense for the purpose hereof.
[Ord. No. 93 § 11, 5-13-2003]
The provisions of this Chapter are severable and if any provision or part thereof shall be held invalid or unconstitutional or inapplicable to any person or circumstances, such invalidity, unconstitutionality or inapplicability shall not affect or impair the remaining provisions of this Chapter.