City of Marshall, MO Article II Storage, Collection And Disposal Of Solid Waste

Section 230.030 Storage.

[CC 1985 § 14-16; Ord. No. 6718 §§ 1, 2, 8-16-1993]

A. Containers To Be Provided. 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 or establishment; and to maintain such solid waste containers at all times in good repair.

B. Placement Of Waste In Containers. 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. Specifications Of Residential Containers. 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 flytight 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 fifty (50) pounds. Galvanized metal containers, or rubber, fiberglass, or plastic containers which do not become brittle in cold weather, may be used. Disposal solid waste containers with suitable frames or containers as approved by the Director may also be used for storage of residential solid waste.

D. Specifications Of Commercial Containers. 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 230.080.

E. (Reserved)

F. Yard Wastes. Yard wastes shall be stored in containers so constructed and maintained as to prevent the dispersal of wastes placed therein the premises served, upon adjacent premises, or upon adjacent public rights-of-way. The weight of any individual container and contents shall not exceed fifty (50) pounds.

G. Disposal Of Unapproved Containers. Solid waste containers which are not approved will be collected together with their contents and disposed of.

Section 230.040 Collection.

[CC 1985 § 14-17]

A. By Whom. 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. Items To Be Collected. 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 herein after provided. All solid waste collected shall, upon being loaded into transportation equipment, become the property of the collection agency.

C. Placement For Collection. Tree limbs and yard wastes, as described in Section 230.030(E) and (F), respectively, shall be placed at curbside. Solid waste containers as required by this Article for the storage of other residential solid waste shall be placed outside an enclosed area for collection. Any solid waste containers, tree limbs, yard wastes or other solid waste permitted by this Article to be placed outside an enclosed area for collection shall not be so placed until the regularly scheduled collection day.

D. Entry Upon Private Property. 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 by the owner and approved by the Director.

E. Frequency. 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 twice weekly on a regularly scheduled basis as determined by the Director during the time of the last Sunday in April each year to the last Sunday in October of the same year. Thereafter, once weekly on a regularly scheduled basis as set forth by the Director. 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 or safety of the public.

F. Storage Of Containers. 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.

G. Responsibility For Waste. 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 230.030(C), (D), (E) and (F). 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.

Section 230.050 Transportation.

[CC 1985 § 14-18]

A. Construction And Maintenance Of Vehicles. 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. Earth And Rock Material. 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.

C. Demolition And Construction Wastes. Transportation and disposal of demolition and construction wastes shall be in accordance with Sections 230.060 and 230.070.

Section 230.060 Disposal.

[CC 1985 § 14-19]

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 meet all local, State and Federal regulations.

Section 230.070 Business Prohibited.

[CC 1985 § 14-20; Ord. No. 6676 § 26, 2-1-1993]

No person shall engage in the business of collecting, transporting, processing or disposing of solid waste within the corporate limits of the City without the written permission of the Director of Municipal Services.

Section 230.080 Rules And Regulations.

[CC 1985 § 14-21]

A. The Director, with the approval of the Council, may 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 solid waste containers and the contents thereof, and the 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 use thereof;

11. Disposal facilities and fees for the use thereof;

12. Records of quantity and type of wastes received at processing or disposal facilities;

13. Handling of special wastes such as toxic wastes, sludges, ashes, agriculture, construction, bulky items, tires, automobiles, oils, greases, etc.

B. The Director shall have the authority to hire the necessary personnel to operate under this Article.

C. 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 or disposal service charges, as hereinafter provided for.

D. 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.

Section 230.090 Prohibited Practices.

[CC 1985 § 14-22]

A. It shall be unlawful for any person to:

1. Deposit solid waste in any solid waste container other than his 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, 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 State 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.

Section 230.100 Service Charges.

[CC 1985 § 14-23; Ord. No. 5840 § 1, 10-18-1984; Ord. No. 6504 § 1, 11-19-1990; Ord. No. 6678 § 2, 12-16-1993; Ord. No. 6718 § 3, 8-16-1993; Ord. No. 6807 § 1, 10-17-1994; Ord. No. 7497 § 1, 11-3-2003; Ord. No. 7976 § 1, 11-15-2010]

The service charge for the collection and disposal of solid waste shall be those presently established or hereafter adopted by the City Council and kept on file in the City Clerk's office.