For the purposes of this Chapter, the following terms shall
be deemed to have the meanings indicated below:
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 Merriam Woods, Missouri.
Removal of solid waste from its place of storage to the transportation
vehicle.
All solid waste generated from a source other than a dwelling
unit.
Such person, firm or corporation as may be contracted with
to provide solid waste transportation and disposal for the City.
A location adjacent to and not more than five (5) feet from
any street.
Disposable plastic or paper sacks with a capacity of twenty
(20) gallons to thirty-nine (39) gallons or, if specifically designated
for storage of solid waste, a maximum of fifty-five (55) gallons.
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.
Units of multiple-housing facilities may be billed as dwelling units
upon request by the owner of said dwelling units.
Putrescible animal or vegetable wastes resulting from the
handling, preparation, cooking, serving or consumption of food.
Any waste or combination of wastes, as determined by the
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.
Clothes washers and dryers, water heaters, trash compactors,
dishwashers, conventional ovens, ranges, stoves, wood stoves, air-conditioners,
refrigerators and freezers.
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, 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. As applied to partnerships or associations,
the word includes the partners or members thereof; and as applied
to corporations, it includes the officers, agents or employees thereof
who are responsible for the act referred to.
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
Items which are eliminated by State law from being disposed
of in a solid waste disposal area, including, but not limited to,
major appliances, waste oil, lead acid batteries, waste tires and
the like as the same may be now or hereafter defined by State law.
Solid waste resulting from the maintenance and operation
of dwelling units.
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, post-use polymers,
recovered feedstocks, overburden, rock, tailings, matte, mill scale
and slag or other waste material resulting from mining, milling or
smelting. Solid waste does not include "yard waste" as defined herein.
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 solid waste system of storage, collection, transportation,
processing and disposal.
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.
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,
business, industrial or agricultural establishment shall place all
solid waste to be collected in proper solid waste containers and shall
maintain such solid waste containers and the area surrounding them
in a clean, neat and sanitary condition at all times. Accumulation
of waste in suitable containers shall not be stored upon any site
in the City for a period longer than seven (7) days.
C.
Residential solid waste shall be stored in containers as provided
by the current solid waste hauler or of not more than thirty-nine
(39) gallons nor less than twenty (20) gallons in nominal capacity,
except that residential solid waste may be stored in trash bags of
adequate strength in a size not to exceed fifty-five (55) gallons.
All containers, including bags, shall be leakproof and waterproof,
flytight and properly covered, tied or enclosed, except when depositing
waste therein or removing the contents thereof. Containers other than
bags shall have handles, bails or other suitable lifting devices or
features. Containers other than bags 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, including bags and its 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 in addition to bags. Disposable solid
waste containers with suitable frames or containers as approved by
the City may also be used for storage of residential solid waste.
Galvanized metal containers or rubber, fiberglass or plastic containers
with suitable frames or containers as approved by the City 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 Board of Aldermen. 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 230.070.
E.
Solid waste containers which are not approved will be collected together
with their contents and disposed of.
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 residential 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.
2.
Other Collections. The City may, at its discretion, provide
commercial solid waste collection services upon specific application
of the owners or persons in charge thereof. However, in the event
that such application is not made or approved, it shall be the duty
of such establishment to provide for collection of all solid waste
produced upon any such premises in a manner approved by City. If and
when the City does provide commercial collection service, the provisions
herein concerning such service shall apply.
B.
All solid waste from premises to which collection services are provided
under contract with the City shall become the property of the collection
agency upon being loaded into the transportation equipment.
C.
Solid waste containers as required by this Chapter for the storage
of residential solid waste shall be placed at curbside for collection
but shall not be so placed until after 6:00 P.M. on the day next preceding
the regularly scheduled collection day. Containers shall be removed
from curbside no later than 8:00 P.M. on the day of collection. No
alley service shall be allowed under the terms of this Chapter, except
as approved by the Board of Aldermen.
D.
Individuals desiring the collection of bulky rubbish shall deal directly
with those licensed by the City for the collection of the same.
E.
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 Chapter. Solid waste collectors
shall not enter dwelling units or other residential buildings for
the purpose of collecting residential solid waste.
F.
It shall be the responsibility of the occupants of each dwelling
unit to prepare, package and deliver solid waste to curbside for collection
as prescribed in this Chapter and as it may be amended from time to
time.
G.
It shall be the responsibility of each commercial, industrial, institutional
or other non-residential generator of solid waste to prepare, package
and store solid waste so generated as prescribed by this Chapter and
as it may be amended from time to time.
H.
It shall be the responsibility of every solid waste collector to
abide by this Chapter and receive and transport solid waste in a manner
consistent with the provisions of this Chapter.
I.
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 once weekly. All commercial
solid waste shall be collected once weekly and shall be collected
at such lesser intervals as may be fixed by the Board of Aldermen
upon a determination that such lesser intervals are necessary for
the preservation of the health and/or safety of the public.
J.
Residential solid waste containers shall be stored upon the residential premises. Except as provided in Subsection (C) hereof, all solid waste containers stored out-of-doors shall be stored behind any building located on the tract of land. Commercial solid waste containers shall remain in the location from which they are to be serviced except while being serviced.
K.
All solid waste collectors operating under contract with the City
or otherwise collecting solid waste within the City limits shall be
responsible for the collected solid waste from the point of collection
to the point of disposal, provided the solid waste was stored in compliance
with the applicable Sections 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.
L.
It shall be unlawful for any person, firm or corporation collecting
and disposing of rubbish, garbage or waste material from premises
in the residential districts or premises in any commercial district
which abuts or adjoins a residential district in the City to make
such collection or dispose of rubbish, garbage or waste materials
between the hours of 9:00 P.M. and 7:00 A.M.
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 alternative, the entire bodies thereof shall be enclosed
with only loading hoppers exposed. Provided, however, other vehicles
may be used to transport bulky rubbish which because of its size or
weight is not susceptible to being loaded or unloaded in vehicles
described above, but in no event shall such vehicles be operated without
adequate cover or binding to prevent spillage or waste therefrom and
in accordance with the rules and regulations made by the Board of
Aldermen.
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 material
being transported shall spill upon the public rights-of-way.
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, Sections 260.200 to 260.255,
RSMo., and the rules and regulations adopted thereunder. The City
may designate the processing or disposal facility to be utilized by
persons holding permits under this Chapter.
B.
The Board of Aldermen may classify certain wastes as hazardous wastes
which will require special handling and shall be disposed of only
in a manner acceptable to the Board of Aldermen which will meet all
local, State and Federal regulations.
A.
No person, including any person contracting with the City for the
collection of solid waste, 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. Permits
shall be approved by the City Mayor.
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 City 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
three hundred thousand dollars ($300,000.00) in the event of injury
or death of two (2) or more persons in any single accident, and in
an 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 thousand dollars ($1,000.00) of liability for damage to property
to be deductible. Should any such policy be canceled, the City 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.
Any subcontractor shall provide insurance coverage in like amount
as is required of the contractor.
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;
6.
If for processing or disposal, a copy of a permit issued by
the State of Missouri; and
7.
Such other information as required by the City.
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 is in conformity with the laws of
the State of Missouri and this Chapter and is approved by the City,
the City Clerk shall, upon receiving the City Mayor's written approval
of application, issue the permit authorized by the ordinance. The
permit shall be issued for a period of one (1) year, and each applicant
shall pay therefor a a fee as set forth by the Board of Aldermen from
time to time for each solid waste processing or disposal facility
to be operated and a a fee as set forth by the Board of Aldermen from
time to time for each transportation vehicle to be used. If, in the
opinion of the City Mayor, 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 City Mayor shall
notify the applicant in writing setting forth the modification to
be made and time in which it shall be done.
E.
If the applicant does not make the modifications pursuant to the notice in Subsection (D) hereof 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 not create a public health hazard or be without harmful effects on the environment, the application shall be denied and the applicant notified by the City Mayor, 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 Chapter shall be transferable from person to person.
G.
In order to ensure compliance with the laws of this State, this Chapter
and the rules and regulations authorized herein, the City Mayor is
authorized to inspect all phases of solid waste management within
the City of Merriam Woods. No inspection shall be made of any residential
waste unit unless authorized by the occupant or by due process of
law. In all instances where such inspections reveal violation of this
Chapter concerning processing or disposal of solid waste or the laws
of the State of Missouri, the City shall issue notice for 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 corrections shall be made.
H.
In all cases, when the corrective measures have not been taken within
the time specified, the City 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 a public
health hazard created by the delay, one (1) extension of time not
to exceed the original time period may be given.
I.
Any person who feels aggrieved by any notice of violation or order
issued pursuant thereto of the City Mayor may within thirty (30) days
of the act for which redress is sought appeal directly to the Circuit
Court of Taney County, in writing, setting forth in a concise statement
the act being appealed and the grounds for its reversal.
A.
The Board of Aldermen 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 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
and/or disposal facilities.
13.
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 or 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, subject to the approval of the Board of Aldermen.
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.
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 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, those of a solid waste collection agency operating
under contract with the City, or any duly licensed collector.
3.
Dispose of solid waste at any facility or location which is
not approved by the City and the Missouri Department of Natural Resources.
4.
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.
The Board of Aldermen may require performance or payment bonds
of any solid waste collection agency prior to issuing permits to so
operate.
