[Revision Note: This Article was repealed and substantially rewritten by Ord.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was repealed by Ord.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:
Any solid waste which is of a size too large to be stored
in the specified disposable solid waste container.
Any premises, or portion thereof, occupied for purposes other
than one (1) or more dwelling units.
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.
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.
Disposable plastic or paper sacks with a capacity of twenty
(20) to thirty-five (35) gallons specifically designed for storage
of solid waste.
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).
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).
A building designed and used for occupancy by one (1) family (See: Section 405.390 of this Code of Ordinances).
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).
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.
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.
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].
Business, commercial, institutional properties and excluded
multiple dwelling buildings.
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.
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.
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
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.
Includes both the City refuse collector and private refuse
collectors.
Property or structure containing one (1) or more dwelling
units.
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.
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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.
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A 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 a manner consistent with all applicable environmental and public
health standards.
The entire solid waste system of storage, collection, transportation,
processing and disposal.
The containment of solid wastes in individual containers
at residential units or commercial establishments.
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]
Refuse collectors shall conduct their operations with personnel
who are capable of operating the required equipment in a safe, efficient
and satisfactory manner.
[Ord. No. 6857, 9-29-2023]
It shall be unlawful for any person or collector to dispose
of refuse on his/her premises or on any other place within or beyond
this City or County or in any other manner than as prescribed in this
Article.
[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.
