[Revision Note: This Article was repealed and substantially rewritten by Ord. No. 6857, adopted by the Board of Aldermen on September 29, 2023. Prior to repeal, Article I established a policy and practice for the City to provide all solid waste collection services to residences in the City, and included Section 235.120 which provided: “It shall not be mandatory for householders, business establishments and private or public institutions to use the City's refuse disposal service but at their discretion they may have this work performed at their own expense by entering into a contract with any private refuse collector who is licensed in this City.” In recognition of the fact that this option was available as a matter of law when the City solicited bids for residential services in the spring of 2023, and was governing law when a contract for residential waste management services was entered into in May 2023, and out of deference to the fundamental principle that laws may not impair the obligations of private contracts, and in conformity with certain protection afforded to current private waste collection entities by Sec. 260.247, RSMo., 2016, the City will not interfere with contracts entered into between residential customers in Clayton and private refuse collectors on or before October 1, 2023, and will exempt those residences from the requirement in this Chapter to use the City refuse collector for residential waste services, provided copies of such contracts are registered with the Director of Public Works on or before October 10, 2023.]
[1]
Editor's Note: Former Art. I, Collection Service and Regulations, was repealed by Ord. No. 6857. Prior history includes CC 1970, CC 1947, Ord. No. 3359, Ord. No. 3360, Ord. No. 3361, Ord. No. 3362, Ord. No. 3858, Ord. No. 4230, Ord. No. 4833, and Ord. No. 4970.
[Ord. No. 6857, 9-29-2023]
For the purposes of this Chapter, the following terms shall be deemed to have the meanings indicated below:
BULK RUBBISH
Any solid waste which is of a size too large to be stored in the specified disposable solid waste container.
BUSINESS OR COMMERCIAL ESTABLISHMENT
Any premises, or portion thereof, occupied for purposes other than one (1) or more dwelling units.
CITY REFUSE COLLECTOR
Any person under contract with the City for the collection, removal and final disposition of solid waste, recyclable materials, garbage or rubbish from all multiple, single-family and two-family dwellings within the City under the direction and supervision of the Director of Public Works.
COLLECTION
Removal and transportation of solid waste from its place of storage to its place of processing or disposal.
DEMOLITION OR CONSTRUCTION WASTE
Waste materials from the construction or destruction of residential, industrial or commercial structures.
DISPOSABLE SOLID WASTE CONTAINER
Disposable plastic or paper sacks with a capacity of twenty (20) to thirty-five (35) gallons specifically designed for storage of solid waste.
DWELLING UNIT
A single unit providing complete, independent living facilities occupied by or intended to be occupied as separate living unit by a single family (as defined in Sec 405.390 of this Code of Ordinances), including permanent provisions for living, sleeping, eating, cooking and sanitation (See: Section 405.390 of this Code of Ordinances).
DWELLING, MULTIPLE
A building or portion thereof designed and used for occupancy by three (3) or more families each in a separate dwelling unit (See: Section 405.390 of this Code of Ordinances).
DWELLING, SINGLE-FAMILY
A building designed and used for occupancy by one (1) family (See: Section 405.390 of this Code of Ordinances).
DWELLING, TWO-FAMILY
A building containing two (2) separate dwelling units designed and used for occupancy by two (2) families (See: Section 405.390 of this Code of Ordinances).
EXCLUDED MULTIPLE DWELLING BUILDING
A multiple dwelling building having more than twenty-five (25) dwelling units in a single building located in or adjacent to the central business district of the City or on a heavily-travelled arterial roadway as further specified in this Article.
GARBAGE
All semi-solid and solid food wastes derived from and during the procurement, storage, processing, sale, cooking, serving and consumption of food materials of animal, vegetable or synthetic origin which are intended for and are used by householders, business establishments or public or private institutions for the refreshment or sustenance of human beings or animals. The term "garbage," as used in this Article, shall not include dead animals, liquid wastes or the wastes resulting from the operation of slaughterhouses and packing plants or from the processing of hides or other animal parts.
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 other living organisms [Subsection 260.360(11) of the Missouri Hazardous Waste Management Law].
NON-RESIDENTIAL
Business, commercial, institutional properties and excluded multiple dwelling buildings.
OCCUPANT
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 tenant.
PRIVATE REFUSE COLLECTOR
Any person licensed by the City for the collection, removal and final disposition of garbage or rubbish from properties within the City under the direction and supervision of the Director of Public Works.
PROCESSING
Incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.
RECYCLABLE MATERIAL
Newsprint; brown, clear and green glass containers; aluminum and metal 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 collector may hereafter mutually agree to collect as a recyclable. For the purpose of this Section, recyclables shall not include other solid waste or bulk rubbish as defined in this Chapter.
REFUSE COLLECTOR
Includes both the City refuse collector and private refuse collectors.
RESIDENTIAL
Property or structure containing one (1) or more dwelling units.
SOLID WASTE
All useless, rejected and cast off matter, except as herein provided, which is produced by or accumulated in households, including packaging, hard cover books, tin ware and other metallic items and materials, glassware, crockery, dishes and parts of furniture, fixtures and other household equipment of such weight [sixty (60) pounds or less], dimension, size and shape that they can be handled by one (1) person, semi-solid and solid waste derived from and during the procurement, storage, processing, cooking, or consumption of food materials of animal, vegetable or synthetic origin which are intended for and are used by residents, for the refreshment or sustenance of human beings or animals.
Solid waste does not include dead animals or animal parts or, and all other household hazardous waste such as wet paint, pesticides, strong cleaning agents, tires, auto batteries, and combustibles of any kind. Solid waste shall not include: ashes stored in ash pits, parts of trees, bushes, and soil, mortar plaster, concrete, bricks, stone, gravel, sand and all wasted or leftover materials resulting from grading, excavation, construction, alteration, repair or wrecking of buildings, structure, walls roofs, roads streets, walks or other facilities and such items of rubbish whose weight, size dimension, and shape require more than one (1) person for removal; provided, however, that debris resulting from remodeling, repair or reconstruction of any building may be removed if properly placed in acceptable containers not heavier than sixty (60) pounds.
SOLID WASTE CONTAINER
A receptacle used by any person to store solid waste during the interval between solid waste collections.
SOLID WASTE DISPOSAL
The process of discarding or getting rid of unwanted material in a manner consistent with all applicable environmental and public health standards.
SOLID WASTE MANAGEMENT
The entire solid waste system of storage, collection, transportation, processing and disposal.
STORAGE
The containment of solid wastes in individual containers at residential units or commercial establishments.
YARD WASTES
Leaves, grass clippings, yard and garden vegetation and Christmas trees. The term does not include stumps, roots or shrubs with intact root balls.
[Ord. No. 6857, 9-29-2023]
A. 
Solid Waste Storage Containers. The owner and occupant of every dwelling unit and of every business or commercial establishment producing solid waste within the corporate limits of the City of Clayton 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 maintain such solid waste containers in good repair at all times.
B. 
Duty To Use Containers. The occupant of every dwelling unit and of every business or commercial 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. 
Single-Family And Two-Family Residential Containers. Residential solid waste at single-family and two-family dwelling units shall be stored in containers of not more than ninety-five (95) gallons in nominal capacity. Resident-supplied containers shall not be less than twenty (20) gallons and not more than thirty-two (32) gallons and not weigh more than sixty (60) lbs. unless it is a wheeled container approved by the Director of Public Works. They shall be made of metal, hard plastic or a similar material. Containers shall be leak-proof, water-proof 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.
D. 
Business, Commercial And Multi-Dwelling Containers. Business, commercial and multiple dwelling solid waste shall be stored in solid waste containers or dumpsters as approved by the Director of Public Works or the Director's designee. All containers, recycling containers, dumpsters or other containers of any description shall be water-proof, leak-proof and shall be covered at all times except when depositing waste material therein or removing the contents thereof.
E. 
Location Of Containers On All Residential Properties.
1. 
Location Generally. All solid waste, recyclable material, compost, and yard waste which is accumulated in the City and offered for disposal shall be collected from the rear of the premises. Waste containers and items of refuse which are too large for placement in containers shall be kept at all times at a point on the premises which is not visible from the street. The occupant of single-family and two-family dwelling units, and the person who is responsible for the proper storage of refuse on the multiple dwelling facilities, and the collector serving them shall confer and shall designate a collection point at which prior to 7:00 A.M. on collection days all the containers and items of refuse which are to be removed from the premises shall be placed.
2. 
Location As To Alleys Or Building Where No Alley. If the premises do not abut an alley and the premises must be served from the street, the designated collection point shall be as close to the rear line of the building as possible and at a place which is easily accessible to the collector. If the premises are accessible from an alley, the designated collection point shall be at a point of the rear boundary of the premises which is easily accessible to the collector from the alley and which is agreeable to all concerned.
3. 
Placement On Collection Days — No Collection Inside Building. On collection days all refuse containers and items of refuse shall be placed at the designated collection point. The City refuse collector shall not be required to collect refuse from the inside of buildings.
4. 
Placing Ineligible Refuse. When waste containers contain both eligible solid waste and other items, the City refuse collector shall not be obligated to collect and remove their contents. When such violation occurs, the City refuse collector shall report it to the person concerned and the Director of Public Works. In case of controversy as to the eligibility or ineligibility of refuse, the decision of the Director of Public Works shall be final.
F. 
Screening And Enclosures On All Properties. Solid waste containers, recycling containers or dumpsters and collection points for all waste materials shall be enclosed in accord with any applicable requirements of the City Code with the Architectural Review Guidelines adopted by the City.
G. 
Yard Wastes. The collection of residential yard waste in the City shall be provided by the City refuse collector authorized and licensed by the City. Yard waste shall be collected in recyclable bags, containers, or reusable containers. Yard wastes shall be stored in containers so constructed and maintained as to prevent the dispersal of wastes placed therein upon the premises served, upon adjacent premises or upon any public right-of-way. Tree limbs and brush shall be securely tied in bundles not larger than forty-eight (48) inches long and twenty-four (24) inches in diameter when not placed in storage containers.
H. 
Unapproved Containers. The Director of Public Works or the Director's designee will issue a written warning to any occupant using an unapproved container for storing solid waste. The occupant will have seven (7) calendar days to discontinue the use of unapproved containers. Any use of unapproved containers after this seven (7) day period will constitute a violation of this Chapter and will be subject to the penalties as prescribed herein.
[Ord. No. 6857, 9-29-2023]
A. 
The City shall provide for the collection of solid waste as follows:
1. 
Residential Waste. The City shall provide for the collection of all residential solid waste in the City, and said collection service shall be provided by City refuse collectors authorized and licensed by the City. City-approved solid waste collection is mandatory for all dwellings.
2. 
Non-Residential Waste. It shall be the duty of any business or commercial establishment and excluded multiple dwelling buildings to provide for collection of all solid waste produced upon such premises.
3. 
Multiple dwelling buildings having more than twenty-five (25) dwelling units and: (a) located in the City's Central Business District (as hereinafter defined); or (b) having frontage on Brentwood Boulevard, Clayton Road or Hanley Road (excluded multiple dwelling buildings) shall be treated for purposes of waste management services and the regulations in this Chapter as non-residential properties.
a. 
For purposes of this Section, the City's "Central Business District" shall be defined as an area bounded as follows: Beginning at the intersection between the east most City limits and Forest Park Parkway, then west along Forest Park Parkway, then north along Brentwood Boulevard, then west along Forsyth Boulevard, then west behind the south property lines of the parcels on the south side of Maryland Avenue to the west most City limits, then north along the west most City limits, then east along the north property lines of parcels on the north side of Maryland Avenue to Hanley Road, then south along Hanley to the alley just north of Forsyth Boulevard, then along the alley to the east most City limits, then south along the east most City limits to Forest Park Parkway.
4. 
Monitoring Collection. The Director of Public Works or the Director's designee shall monitor performance of the solid waste management system. The City refuse collector shall notify the Director of Public Works, or the Director's designee, of any occupant that cancels service or has service suspended. The Director shall notify the owner and occupant, if different, in writing, that service to an occupied building must be resumed within seven (7) days or the owner and occupant will be in violation of this Chapter and subject to the penalties prescribed herein.
B. 
Collection Becomes Property Of Refuse Collector. All solid waste collected shall, upon being loaded into collection equipment, become the property of the refuse collector.
C. 
May Enter Private Property. City refuse collectors are hereby authorized to enter upon private property for the purpose of collecting solid waste therefrom as required by this Chapter. City refuse collectors shall not enter dwelling units or other residential buildings for the purpose of collecting residential solid waste except at the request of the property owner. Commercial solid waste may be removed from within commercial establishments with permission of the owner.
D. 
Collection Frequency. The following collection frequencies shall apply to collections of solid waste within the City:
1. 
Collection and removal of residential refuse by the City's refuse collector shall be made not less than once weekly and such collections shall be made on the days designated by the Director of Public Works.
2. 
Collections and removal of refuse by private contractors for non-residential establishments shall be made as often as deemed necessary by the Director of Public Works to prevent the development on the premises concerned of conditions which tend to create a sanitary nuisance or a hazard to the public health, welfare and safety.
3. 
No collections shall be made before 7:00 A.M. or after 5:00 P.M., except for collections at City-owned facilities and in the Central Business District ("CBD"), where collection may occur between 5:30 A.M. to 6:30 P.M. No collections shall be made from any types of premises on Sundays. The only collections permitted on Saturday are collections in the "CBD," missed pick-ups, and holiday weeks.
E. 
Non-residential 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.
[Ord. No. 6857, 9-29-2023]
A. 
It shall be unlawful for any person to engage in the business of collecting refuse within the City without first obtaining a license to engage in such business. Persons desiring a license to conduct such business shall apply to the Director of Public Works who, upon satisfactory proof of the qualifications and fitness of the applicant and of his/her ability to comply with all of the provisions of this Chapter, shall issue a certificate of qualification. That certificate, together with a fee of ten dollars ($10.00), shall be presented to the Director of Finance, and the applicant shall be entitled to a license to engage in the business of refuse collection. Each license shall expire on December 31 of the calendar year of issuance and may be renewed thereafter annually upon payment of said fee of ten dollars ($10.00) to the Director of Finance. The Director of Public Works shall have the right to direct the Director of Finance to refuse to renew any such license if he/she shall determine that the holder thereof no longer qualifies for a license under the provisions of this Article.
B. 
All refuse collectors must meet the following requirements:
1. 
Proper Disposal. Each refuse collector shall submit a comprehensive list of all landfills and yard waste/compostable material offload sites to be utilized; and contingency plans in the event such landfills and yard waste/compostable material offload sites shall be closed. Each refuse collector shall submit a commitment from the landfills and yard waste/compostable material offload sites that sufficient capacity exists for the disposal of the City's solid waste for the licensed period. All landfills and yard waste/compostable material offload sites used by refuse collectors must be approved and/or permitted by the applicable Federal, State and local authorities. Recyclables must be taken directly to a licensed recycling facility.
2. 
Accidents. Each refuse collector shall retain full responsibility for all claims of damage to private property caused by the refuse collector or its employees. The City may require a written explanation of the circumstances, results of any investigation and disposition of claims. Each refuse collector shall notify claimants in writing of the disposition of the claim within ten (10) working days. If a refuse collector assumes responsibility for the damages, the notification shall include a date by which the remedial action shall be completed. If a refuse collector denies responsibility for the damages, the written notification must include options available to the claimant to appeal the decision. These options may be internal appeals within the company or external legal remedies.
3. 
Employee Behavior. All persons employed by a refuse collector shall be competent, skilled and qualified in the performance of the work to which they are assigned.
4. 
Training Of Employees. All employees used in the field, including drivers and helpers, shall be fully qualified and thoroughly instructed by their supervisors as to their duties, methods of performing them and shall receive adequate training.
5. 
Scavenging. There will be no scavenging by a refuse collector or their authorized personnel.
6. 
Collection Vehicles. Each refuse collector shall furnish the necessary vehicles for the collection of solid waste, yard waste/compostable material, and recyclables in leak-proof vehicles provided with tops or coverings to guard against spillage and conceal contents from view; vehicles shall be kept covered or closed at all times except when being loaded or unloaded. Where such vehicles exist and are readily available, a refuse collector shall use collection vehicles that operate on compressed natural gas (CNG), excluding yard waste trucks.
7. 
Cleanliness. In the handling and collection of solid waste, yard waste/compostable material, and recyclables, each refuse collector and its employees shall ensure the solid waste, yard waste/compostable material, and recyclables, do not become scattered on any public or private place, regardless of the weather conditions; and, after each collection, leave the premises in a neat and clean condition. Each refuse collector shall replace any receptacle, can or lid damaged by its employees. Refuse collectors will not be allowed to transfer solid waste, recyclables, or yard waste from truck to truck within the City limits. In addition, refuse collectors will not be allowed to store containers of any kind in common areas or in the City right-of-way.
8. 
Customer Service Center. Refuse collectors will operate and maintain a Customer Service Center (CSC) that is available at least between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday.
9. 
Records. Each refuse collector shall submit accurate monthly records of the total volumes or weights of each category of solid waste, yard waste/compostable material, and recyclables collected within the City by the 14th calendar day of the following month. The recyclable tonnage documentation required must be submitted by their Material Recovery Facility (MRF) in the form of a "Point of Origin Report." This report must be sent directly from the MRF to the Department of Public Works and a copy to the private refuse collector.
10. 
Insurance. Each refuse collector shall provide a certificate of insurance which shall demonstrate that the refuse collector carries at least general liability insurance coverage and professional liability insurance coverage in amounts at least equivalent to the limits established by the State of Missouri for sovereign immunity protection and in no case shall be less than three million dollars ($3,000,000.00) combined single limit coverage. The insurance shall be maintained in force during the term of the license.
[Ord. No. 6857, 9-29-2023]
A. 
Collection Vehicles. 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 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 From Excavation. 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. 
Transportation and disposal of demolition and construction wastes shall be in accordance with this Section.
[Ord. No. 6857, 9-29-2023]
A. 
It shall be unlawful for any person to:
1. 
Deposit solid waste in any solid waste container other than their own without the written consent of the owner of such container and/or with the intent of avoiding payment of the service charge 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.
3. 
Burn solid waste.
4. 
Dispose of solid waste or hazardous waste at any facility or location which is not approved by the Missouri Department of Natural Resources.
5. 
Enter into the business of collecting, transporting, processing or disposing of residential solid waste without a City-approved contract for City refuse collector services.
[Ord. No. 6857, 9-29-2023]
The occupant or person in control of any private property shall at all times maintain the premises free of litter or rubbish and shall store litter or rubbish in clean, authorized private containers for collection.
[Ord. No. 6857, 9-29-2023]
The methods and the sites which refuse collectors use or uses for the final disposition of refuse collected in this City shall be subject to the approval of the Director of Public Works and shall be in full conformity with the provisions of this Article and the Statutes of the Federal, State and County Governments and the ordinances, rules and regulations which have been enacted by this City, the County or other Counties, Cities, Towns or Villages which may be affected by the refuse disposal operations of this City.
[Ord. No. 6857, 9-29-2023]
The violation of any provision of this Article shall be deemed an ordinance violation punishable as provided in Section 100.110 of this Code of Ordinances. Each day of such violation shall constitute a separate offense.