[CC 2010 § 18.010; Ord. No. 336, 7-22-1974, effective 9-1-1974; Ord. No. 531, 11-28-1994]
For the purposes of this Code the following words and/or phrases
will have the meaning indicated below.
An incinerator which complies with all current regulations
of the Missouri Air Conservation Commission.
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
collection vehicles by solid waste collectors, with the equipment
available therefor.
The City of Sturgeon, Missouri.
Removal and transportation of solid waste from its place
of storage to its place of processing or disposal.
Waste materials from the construction or destruction of residential,
industrial or commercial structures.
The Director of the solid waste management program of the
City shall be the Mayor of Sturgeon or his or her authorized representative.
Disposable plastic or paper sacks with a capacity of twenty
(20) gallons to thirty-five (35) 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.
Any individual, partnership, copartnership, firm, company,
limited liability company, corporation, association, joint stock company,
trust, estate, political subdivision or other governmental entity,
or organization of any kind, or their legal representative, agent
or assigns.
[Ord. No. 763, 6-6-2012]
Incinerating, composting, bailing, shredding, salvaging,
compacting and other processes whereby solid waste characteristics
are modified or solid waste quantity is reduced.
Solid waste.
Unwanted or discarded waste materials in a solid or semi-solid
state, including but not limited to garbage, ashes, street refuse,
rubbish, dead animals, animal and agricultural wastes, yard wastes,
discarded appliances, special wastes, industrial wastes, and demolition
and construction wastes.
[Ord. No. 763, 6-6-2012]
COMMERCIAL SOLID WASTESolid waste resulting from the operation of any commercial, industrial, institutional or agricultural establishment, multiple-housing facility with more than four (4) dwelling units, or church (such establishments collectively known as "business establishments").
RESIDENTIAL SOLID WASTESolid waste resulting from the maintenance and operation of any dwelling unit, excluding any multiple-housing facility with more than four (4) dwelling units.
A receptacle not larger than thirty-five (35) gallons 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 solid waste from the time of its production until
the time of its collection.
Keeping, maintaining or storing solid waste from the time
of its production until the time of its collection.
Grass clippings, leaves, tree trimmings.
[CC 2010 § 18.020; Ord. No. 336, 7-22-1974, effective 9-1-1974; Ord. No. 728, 10-25-2010; Ord. No.
763, 6-6-2012]
A.
The occupant of every dwelling unit and of every institutional, commercial
or business, industrial or agricultural establishment, including a
multiple-housing facility and including a church producing either
residential solid waste or commercial solid waste within the corporate
limits of the City, shall provide sufficient and adequate solid waste
containers for the storage of all solid waste except bulky rubbish
and demolition and construction waste to serve each such dwelling
unit and/or business establishment producing residential solid waste
or commercial solid waste and to maintain such solid waste containers
at all times in good repair.
B.
The occupant of every dwelling unit and every institutional, commercial,
industrial, agricultural or business establishment producing either
residential solid waste or commercial solid waste 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.
[CC 2010 § 18.030; Ord. No. 336, 7-22-1974, effective 9-1-1974]
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 fly-tight 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 seventy-five
(75) pounds. Galvanized metal containers, rubber or fiberglass containers
and plastic containers which do not become brittle in cold weather
may be used. Disposable solid waste containers with suitable frames
or containers approved by the Director may also be used for storage
of residential solid waste.
[CC 2010 § 18.040; Ord. No. 336, 7-22-1974, effective 9-1-1974; Ord. No. 728, 10-25-2010; Ord. No.
763, 6-6-2012]
Commercial solid waste shall be stored in the following solid
waste containers: For smaller quantities of commercial solid waste
to be collected curbside, a maximum of four (4) plastic solid waste
containers with a maximum capacity of thirty-five (35) gallons. The
containers shall be waterproof, leakproof and shall be covered at
all times except when depositing waste therein or removing the contents
thereof. For larger quantities of commercial solid waste to be collected
in commercial solid waste containers (dumpsters), commercial waste
shall be stored in solid waste containers (dumpsters) of sufficient
size to contain all the commercial solid waste without any solid waste
overflowing the solid waste container or spilling out of the solid
waste container. The containers shall be waterproof, leakproof and
shall be covered at all times except when depositing waste therein
or removing the contents thereof.[1]
[1]
Editor's Note: The following original sections of the 2010
Code, which immediately followed this Section, were repealed as follows:
CC 2010 § 18.050, Method of Tree Limb Storage, as amended,
was repealed 10-25-2010 by Ord. No. 728 and 6-6-2012 by Ord. No. 763;
and CC 2010 § 18.060, Method of Yard Waste Storage, as amended,
was repealed 10-25-2010 by Ord. No. 728.
[CC 2010 § 18.070; Ord. No. 336, 7-22-1974, effective 9-1-1974; Ord. No. 763, 6-6-2012]
A.
The City shall provide for the collection of solid waste as follows:
1.
Collection Of Residential Solid Waste. The City shall provide
for the collection of all residential solid waste in the City; provided,
however, that the City may provide the collection service by contracting
with a person, county, other city or a combination thereof, for the
entire City or portions thereof, as deemed to be in the best interests
of the City.
2.
Collection Of Commercial Solid Waste. The City shall provide
for the collection of all commercial solid waste from business establishments
in the City; provided, however, that the City may provide the collection
service by contracting with a person, county, other city or a combination
thereof, for the entire City or portions thereof, as deemed to be
in the best interests of the City.
[CC 2010 § 18.080; Ord. No. 336, 7-22-1974, effective 9-1-1974]
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 collection equipment, become the property
of the collection agency.[1]
[1]
Editor's Note: Original Section 18.090, Collection of Tree
Limbs and Yard Wastes, which immediately followed this section, was
repealed 6-6-2012 by Ord. No. 763.
[CC 2010 § 18.100; Ord. No. 336, 7-22-1974, effective 9-1-1974; Ord. No. 531, 11-28-1994]
Bulky rubbish shall be collected by request to the Director.
The Director shall establish the procedure for collecting bulky rubbish,
which shall be collected up to two (2) times per year.
[CC 2010 § 18.110; Ord. No. 336, 7-22-1974, effective 9-1-1974; Ord. No. 763, 6-6-2012]
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
commercial solid waste therefrom. Solid waste collectors shall not
enter dwelling units or other residential buildings for the purpose
of collecting residential solid waste but instead shall collect such
residential solid waste within five (5) feet of the curb.
[CC 2010 § 18.120; Ord. No. 336, 7-22-1974, effective 9-1-1974; Ord. No. 763, 6-6-2012]
A.
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 at least twice weekly, with at least seventy-two (72)
hours to intervene between collections.
2.
All commercial solid waste shall be collected from business
establishments at least once weekly on the first collection date of
the week, provided that if requested in writing by a business establishment,
being any commercial, industrial, institutional or agricultural establishment,
multiple-housing facility with more than four (4) dwelling units,
or church, then commercial solid waste collected from such requesting
business establishment shall be collected twice weekly, with at least
seventy-two (72) hours to intervene between collections.
[CC 2010 § 18.130; Ord. No. 336, 7-22-1974, effective 9-1-1974]
Residential solid waste containers shall be stored upon the
residential premises. Commercial collection 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.
[CC 2010 § 18.140; Ord. No. 336, 7-22-1974, effective 9-1-1974]
All collection 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 collection 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 alternative, the entire bodies thereof shall be enclosed,
with only loading hoppers exposed. No solid waste shall be transported
in the loading hoppers.
[CC 2010 § 18.150; Ord. No. 336, 7-22-1974, effective 9-1-1974]
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.
[CC 2010 § 18.160; Ord. No. 336, 7-22-1974, effective 9-1-1974]
[CC 2010 § 18.170; Ord. No. 336, 7-22-1974, effective 9-1-1974; Ord. No. 531, 11-28-1994]
Solid waste shall be disposed of at a processing facility or
disposal area approved by the City and complying with all requirements
of the Missouri Department of Natural Resources.
[CC 2010 § 18.180; Ord. No. 336, 7-22-1974, effective 9-1-1974]
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.
[CC 2010 § 18.190; Ord. No. 336, 7-22-1974, effective 9-1-1974]
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.
[CC 2010 § 18.200; Ord. No. 336, 7-22-1974, effective 9-1-1974; Ord. No. 531, 11-28-1994]
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) for each person injured or killed and in the
amount of not less than five hundred thousand dollars ($500,000.00)
for damage to property. Should any such policy be canceled, the City
Clerk shall be notified of such cancellation by the insurance carrier
in writing no 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.
[CC 2010 § 18.210; Ord. No. 336, 7-22-1974, effective 9-1-1974]
A.
Each applicant for any such permit shall state in his or 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 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.
[CC 2010 §§ 18.220, 25.550; Ord. No. 336, 7-22-1974, effective 9-1-1974]
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 conforming with the laws of the State
of Missouri and this Code, the City Clerk shall issue the permit authorized
by this Code. The permit shall be issued for a period of one (1) year,
and each applicant shall pay therefor a fee of ten dollars ($10.00)
for each solid waste processing or disposal facility to be operated.
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 Code; the Director
shall notify the applicant in writing setting forth the modification
to be made and the time in which it shall be done.
[CC 2010 § 18.230; Ord. No. 336, 7-22-1974, effective 9-1-1974]
If the applicant does not make the modifications pursuant to the notice in Section 230.190 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 or her application, provided that all aspects of the reapplication comply with the provisions of this Code.
[CC 2010 § 18.240; Ord. No. 336, 7-22-1974, effective 9-1-1974]
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 Sections 18.200 and 18.210. No permits authorized
by this Code shall be transferable from person to person.
[CC 2010 § 18.250; Ord. No. 336, 7-22-1974, effective 9-1-1974]
In order to insure compliance with the laws of this State, this
Code and the rules and regulations authorized herein, the Director
is authorized to inspect all phases of solid waste management within
the City of Sturgeon. 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 Code,
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 measures to be taken, together
with the time in which such corrections shall be made.
[CC 2010 § 18.260; Ord. No. 336, 7-22-1974, effective 9-1-1974]
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 no
public health hazard created by the delay, one (1) extension of time
not to exceed the original time period may be given.
[CC 2010 § 18.270; Ord. No. 336, 7-22-1974, effective 9-1-1974]
Any person who feels aggrieved by any notice of violation or
order issued pursuant thereto of the Director may, within five (5)
days of the act for which redress is sought appeal directly to the
county court of Boone County, Missouri, in writing, setting forth
in a concise statement the act being appealed and the grounds for
the reversal.
[CC 2010 § 18.280; Ord. No. 336, effective 9-1-1974]
All motor vehicles operating under any permit required by this
Code 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 one inch high. Each permit for processing or disposal
facilities shall be prominently displayed at the facility.
[CC 2010 § 18.290; Ord. No. 336, 7-22-1974, effective 9-1-1974; Ord. No. 531, 11-28-1992]
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 of solid waste containers
and the contents thereof, and 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 of solid waste;
8.
Collection points of solid waste containers;
9.
Collection 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
and/or disposal facilities;
13.
Handling of special wastes such as toxic wastes, sludge, ashes,
agriculture, construction bulky items, tires, automobiles, oils, greases,
and other hazardous substances which shall, at a minimum, be required
to be contained and stored in plastic bags, bottles, jars or other
containers.
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. 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.
[CC 2010 § 18.300; Ord. No. 336, 7-22-1974, effective 9-1-1974; Ord. No. 531, 11-28-1994]
A.
It shall be unlawful for any person to:
1.
Deposit solid waste in any solid waste container other than
his or 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 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 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.
[CC 2010 §§ 18.310, 25.560; Ord. No. 703, 1-25-2010; Ord. No. 531, 11-28-1994; Ord. No. 336, 7-22-1974, effective 9-1-1974; Ord. No. 750, 8-22-2011; Ord. No. 771, 9-24-2012; Ord. No. 776, 9-24-2012; Ord. No. 942, 7-25-2022[1]]
A.
The City shall provide solid waste management services through a
contract with a private operator. The private operator shall establish
rates for residential, commercial and senior citizens which shall
be passed along to the citizen/customer of the Solid Waste Management
Department with the addition of a one dollar fifty cent ($1.50) administrative
fee to cover the cost of billing the individual customer.
B.
The service charge (including administrative fee) herein provided
for is hereby imposed upon the occupant of each dwelling unit and
business establishment receiving such services under the provisions
of the contract and this Code Section, which shall be added to the
water and sewer bill, if water and sewer services are furnished by
the City; otherwise such occupant of a dwelling unit or business establishment
receiving such service not supplied by the City water or sewer services
shall be billed directly once monthly for the service charge herein
imposed. In the absence of information that such occupant is neither
the owner nor the tenant of such dwelling unit or business establishment,
in which event billing therefor shall be made to the property owner.
Service charges shall be payable to the department empowered to collect
service imposed by the City.
[1]
Editor's Note: Ord. No. 942 also set out the rates effective
9-1-2022 through 6-30-2023. Same can be found on file in the City
offices.
[CC 2010 §§ 18.320, 25.570; Ord. No. 336, 7-22-1974, effective 9-1-1974]
Any person violating any of the provisions of this Code, or any lawful rules or regulations promulgated pursuant thereto, upon conviction shall be punished by a fine as set out in Section 100.220 of this Code, provided that each day's violation thereof shall be a separate offense for the purpose hereof.
[CC 2010 §§ 18.330, 25.580; Ord. No. 336, 7-22-1974, effective 9-1-1974]
There is hereby required by any person, firm or corporation
operating a business as a solid waste collector or operating a business
as a solid waste disposal facility, a performance bond, required in
the amount of ten thousand dollars ($10,000.00) for any contract with
the City, underwriting the performance of any contract of such person
firm or corporation with the City, shall be executed at least by one
(1) corporate surety approved by the City.
