[CC 1990 § 25-1; Ord. No. 541 § 1, 1-21-1991]
As used in this Chapter and unless the context clearly requires
a different meaning, references to one gender include references to
the other gender, singular references include the plural and plural
references include the singular, statements, including the word "shall"
are mandatory and discretionary. The following specific definitions
apply to this Chapter:
APPROVED INCINERATOR
An incinerator which complies with all current regulations
of the responsible local and State air pollution control agencies.
BULKY WASTE
Non-putrescible solid wastes consisting of 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 waste transportation vehicles by waste
haulers with the equipment available therefor. "Bulky residential
waste" is bulky waste generated on residential premises other than
automobiles and construction and demolition materials.
CITY
The City of Chesterfield, Missouri.
CITY ENGINEER
The City Engineer of the City of Chesterfield and his/her
deputies and assistants designated to perform functions on his/her
behalf.
COMMERCIAL SOLID WASTE CONTAINER
A container of metal, plastic or other similar rigid material,
not, including plastic bags. Such container shall be leakproof, verminproof
and have tight-fitting lids which are hinged on one (1) side.
COMPOSTABLES
Yard waste such as grass clippings, leaves, vines, hedge
and shrub (including rose bushes) trimmings, tree trimmings and tree
limbs less than one (1) inch in diameter and no longer than four (4)
feet in length and/or other such organic materials from the yard.
CONTRACTOR
The solid waste hauler licensed by the City to collect recyclables
for recycling.
CURBSIDE
A location adjacent to and not more than five (5) feet from
any street.
ENGAGE IN THE BUSINESS OF HAULING WASTE
To either:
1.
Use a vehicle for the collection of waste from storage at residential
or non-residential premises to haul such waste, regardless of the
number of times the vehicle is so used, including such use by municipalities;
or
2.
Use a vehicle to haul waste in Chesterfield more than five (5)
times during any waste hauling vehicle licensing year. The expression
includes any governmental entities which own or operate vehicles to
provide waste hauling services within or travel through the City of
Chesterfield.
FLOOD PLAIN
The area designated as the 100-year special flood hazard
and floodway on the Flood Boundary and Floodway Maps and Flood Insurance
Rate Maps approved by the Federal Emergency Management Agency.
FREE LIQUID
Liquid that will drain freely by gravity from solid material.
HAZARDOUS WASTE
Any waste or combination of wastes, as determined by the
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.
INFECTIOUS WASTE
Waste in quantities and characteristics as determined by
the department by rule and regulation, including the following wastes
known or suspected to be infectious: isolation wastes, cultures and
stocks of etiologic agents, contaminated blood and blood products,
other contaminated surgical wastes, wastes from autopsy, contaminated
laboratory wastes, sharps, dialysis unit wastes, discarded biologicals
and anti-neoplastic chemotherapeutic materials; provided, however,
that infectious waste does not mean waste treated to department specifications.
LANDFILL
A waste disposal site in which waste is deposited.
MOBILE WASTE CONTAINER
A container containing waste which is moved from the generation
point to the disposal or transfer/processing point over public roadways
within the City.
NON-RESIDENTIAL
Commercial, industrial, agricultural, institutional and recreational.
PERSON
An individual, partnership, copartnership, firm, company,
public or private corporation, association, joint stock company, trust,
estate, political subdivision or any agency, board, department or
bureau of the State or Federal government or any other legal entity
whatever which is recognized by law as the subject of rights and duties.
PREMISES
All one- and two-family dwellings located in the City.
PROCESSING
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
RECYCLABLES
Newsprint; brown, clear and green glass containers; steel
or tin cans; aluminum cans; plastic milk jugs and plastic soda bottles,
all rinsed and reasonably free of food, dirt and other contaminants.
Also included as a recyclable is any other material that the City
and contractor may hereafter mutually agree to collect as a recyclable.
For the purposes of this Chapter, recyclables shall not include other
solid waste, bulk rubbish or hazardous waste as defined in this Chapter.
RECYCLABLES CONTAINER
A container furnished by the refuse collector or contractor
for storage of recyclables.
RECYCLING
The process of remanufacturing recyclables into other products
or refurbishing them for reuse.
REFUSE
All waste substances, including animal and vegetable, as
well as combustible and non-combustible waste and all putrescible
matter, except hazardous or special waste.
RESIDENTIAL
A single-family residence, a residence for no more than two
(2) families or a condominium development.
RESIDENTIAL SOLID WASTE CONTAINER
A container of galvanized metal, rubber, fiberglass or plastic
which is non-absorbent, leakproof and flytight and which does not
become brittle in cold weather; or plastic bags with a minimum thickness
of two (2) mils and with a capacity of not less than twenty (20) gallons
nor more than thirty-five (35) gallons nor more than seventy-five
(75) pounds.
SLUDGE
The accumulated semisolid suspension of settled solids deposited
from wastewaters or other fluids in tanks or basins.
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.
SPECIAL WASTE
Items which, by their very nature, can cause health problems
or injury to individuals, including, but not limited to, solvents,
insecticides, cleaning agents, heavy metals, prescription drugs, explosives,
incendiaries, motor oils, lead acid batteries, tires, refrigerants,
infectious waste and any materials prohibited by the City's Fire Code
or the Chesterfield Fire Protection District.
TRANSFER STATION
A premises where waste is transferred from one container
to another. A transfer station may or may not be a recycling facility.
TREE WASTE
Tree limbs no longer than forty-eight (48) inches and no
greater than four (4) inches in diameter.
WASTE
Any material for which no use or sale is intended and which
will be discarded or any material which has been or is being discarded.
Waste shall also include certain residual materials, to be specified
by the rules and regulations, which may be sold for purposes of energy
or materials reclamation, re-use or transformation into new products
which are not wastes.
WASTE PROCESSING FACILITY
A facility where the incinerating, composting, baling, shredding,
salvaging, compacting, packaging, recycling or other processing of
waste eliminates or modifies waste or reduces the quantity of waste
or packages waste. Such facilities include, but are not limited to,
incinerators and compost plants and may include transfer stations.
WHITE GOODS
Washers and dryers, water heaters, trash compactors, dishwashers,
microwave ovens, conventional ovens, ranges, stoves, wood stoves,
air conditioners, refrigerators, freezers, dehumidifiers and other
appliances.
YARD WASTE
Leaves, grass clippings, yard and garden vegetation and Christmas
trees. The term does not include stumps, roots or shrubs with intact
root balls.
[CC 1990 § 25-2; Ord. No. 541 § 6(A), 1-21-1991]
No person shall dump or deposit or permit dumping or depositing
of any wastes into any stream, spring, surface or ground water, whether
natural or artificial, within the boundaries of the City except as
provided herein.
[CC 1990 § 25-3; Ord. No. 541 § 6(B), 1-21-1991]
A permit issued by St. Louis County shall be required to operate
a waste stabilization lagoon, settling pond or other water treatment
facility which has a valid permit from the Missouri Clean Water Commissioner
even though the facility may receive solid or semisolid waste materials.
[CC 1990 § 25-4; Ord. No. 541 § 10(A), 1-21-1991]
The applicants, their agents and employees shall comply with
the statements made in the applications regarding anticipated means
of handling and disposing of wastes and shall comply with the additional
terms and conditions required by the City Council.
[CC 1990 § 25-5; Ord. No. 541 § 10(B), 1-21-1991]
A. The City Engineer shall make periodic inspections as necessary to
ensure compliance with the authorization of the City Council. Failure
of the applicants or their agents or employees to cooperate with the
City Engineer in his/her inspections or to comply with the statements
in the applications or with the additional terms and conditions required
by the City Council shall result in immediate revocation by the City
Engineer of the permit for disposal of the special waste.
B. The City Engineer shall have the right of entry for inspection to ensure compliance with the authorization granted by the City Council and to ensure the public health, safety and welfare. For a violation of the terms of the authorization of the City Council or for a condition which threatens the health, safety and welfare of the residents of the City, the City Engineer shall notify the owners or their agents to correct such violation. If the owners or their agents fail to correct such violation within twenty-four (24) hours, the City Engineer is authorized to enter the property and, with the owner's equipment and employees or with City-owned equipment and employees, correct such violation. The cost of such work shall be a special tax on the property and will be collectable in the manner outlined in Section
235.670(D) of this Chapter.
[CC 1990 § 25-6; Ord. No. 541 § 11, 1-21-1991]
The City Council upon the recommendation of the City Engineer is authorized to make such rules and regulations as will implement the purposes of this Chapter. Such rules and regulations shall only be promulgated following notice to the public of a public hearing to be held and the subject matter of the proposed rule or regulation. The Public Works and Parks Committee of the City Council shall hold such public hearing and, upon approval by the City Council, issue such rule or regulation. The text of such rule or regulation shall be filed with the City Clerk. Failure to comply with the provisions of such rule or regulation shall be a violation of this Chapter and subject to the penalty provisions set out in Section
100.080 of this Code.
[CC 1990 § 25-7; Ord. No. 541 § 12, 1-21-1991; Ord. No. 1175 § 2, 6-17-1996]
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 lawfully
provided by the contractor for solid waste collection and disposal
from the premises of such person;
2.
Fail to have solid waste collected as provided in this Chapter;
3.
Interfere in any manner with solid waste collection and transportation
equipment or with solid waste collectors authorized to conduct business
in the City 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 collector operating under contract or license issued
from the City;
4.
Burn solid waste unless an approved incinerator is provided
or unless a variance has been obtained from the appropriate air pollution
control agency;
5.
Dispose of solid waste at any facility or location which is
not approved by the City and/or the Missouri Department of Natural
Resources;
6.
Engage in the business of storing, collecting, transporting,
processing or disposing of solid waste within the corporate limits
of the City without a permit/license from the City or operate under
an expired permit/license or operate after a permit has been suspended
or revoked;
7.
Violate any Section of this Chapter or any other rule or regulation
promulgated under the authority thereof.
[CC 1990 § 25-8; Ord. No. 541 § 14, 1-21-1991]
The City Engineer is authorized to cooperate with the Missouri
Department of Natural Resources, St. Louis County and any other relevant
jurisdiction, individually or in combination, for the purposes of
processing the application; furthermore, the Mayor is hereby authorized,
upon approval of the City Council, to enter into an agreement with
St. Louis County, Department of Community Health and Medical Care
for inspection services or any other services the County may provide
which are determined to be in the best interests of the citizens of
the City of Chesterfield. However, the City reserves all of its rights
to itself under this Chapter.