Missouri
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City of Clarkson Valley Missouri |
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For the purposes of this Chapter,
the following words and terms shall be deemed to have the meanings indicated
below:
APPROVED
INCINERATOR: An incinerator
which complies with all current regulations of the responsible local, State and
federal air pollution control agencies.
BULKY
RUBBISH: Non-putrescible solid
wastes consisting of combustible and/or noncombustible 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.
COLLECTION:
Removal of solid waste from its place of storage to the transportation
vehicle.
DEMOLITION
AND CONSTRUCTION WASTE: Waste
materials from the construction or destruction of residential, industrial or
commercial structures.
DIRECTOR:
The Director of the solid waste management program of the City shall be
the Mayor.
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: 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.
GARBAGE:
Putrescible animal or vegetable wastes resulting from the handling, preparation,
cooking, serving, or consumption of food.
HAZARDOUS
WASTES: Any waste or
combination of wastes, as determined by the State 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 serious irreversible, or
incapacitating reversible, illness, or pose a present or potential threat to
the health of humans or other living organisms.
OCCUPANT:
Any person who, alone or jointly or severally with others, or any corporation,
association, joint stock company, shall be in actual possession of any dwelling
unit or of any other improved real property, either as owner or as a tenant.
PROCESSING:
Incinerating, composting, baling, shredding, salvaging, compacting and
other processes whereby solid waste characteristics are modified or solid waste
quantity is reduced.
RECYCLING
PROGRAM: A program authorized
by the City for collection of specified recyclable solid waste by an authorized
solid waste collector to be carried out pursuant to rules and regulations
promulgated by the Director.
REFUSE:
Solid waste.
SOLID
WASTE: Unwanted or discarded
waste materials in a solid or semisolid 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.
1.
Commercial solid waste:
Solid waste resulting from the operation of any commercial, industrial,
institutional, club or agricultural establishment.
2.
Residential solid waste:
Solid waste resulting from the maintenance and operation of dwelling
units.
SOLID
WASTE CONTAINER: The 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 particular, the final
deposition of solid waste by man.
SOLID
WASTE MANAGEMENT: The entire
solid waste system of storage, collection, transportation, processing and
disposal.
STORAGE:
Keeping, maintaining or storing solid waste from the time of its
production until the time of its collection.
TRANSPORTATION:
The transporting of solid waste from the place of collection or
processing to a solid waste processing facility or solid waste disposal area.
YARD
WASTES: Grass clippings,
leaves, tree trimmings. (CC 1990 §8-66;
Code 1977 §14.100(1); Ord. No. 91-7 §2, 5-7-91)
A.
The occupant or owner of every dwelling unit and of every institutional,
commercial or business, industrial or agricultural establishment producing solid
waste within 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 or owner of every dwelling unit and of every institutional,
commercial, industrial, agricultural or business 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.
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 flytight 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 light weight and sturdy construction. The weight of any
individual container and 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. Disposable solid waste containers with suitable frames or
containers as approved by the Director 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 Director. 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 hereafter in
Section 225.060.
E.
Tree limbs less than four (4) inches in diameter and brush shall be
securely tied in bundles not larger than forty-eight (48) inches long and
eighteen (18) inches in diameter when not placed in storage containers. The
weight of any individual bundle shall not exceed seventy-five (75) pounds.
F.
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 adjacent public rights-of-way. The weight of any
individual container and contents shall not exceed seventy-five (75) pounds.
G.
Solid waste containers which are not approved will be collected together
with their contents and disposed of.
H.
Recyclable materials to be collected pursuant to an authorized recycling
program shall be stored in such containers as are approved by the Director for
collection by an authorized hauler of such materials.
(CC 1990 §8-67; Code 1977 §14.100(2); Ord. No. 91-7 §3, 5-7-91)
A.
The City shall provide for the collection of solid waste as follows:
1.
The City may provide by a resolution duly adopted by the Board of
Aldermen for the collection of all residential solid waste in the City. The City
may provide for such 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.
The City may, at its discretion, provide commercial solid waste
collection services upon specific application of the owners or persons in charge
thereof. If 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.
B.
All solid waste from premises to which collection services are provided
by the City shall be collected, except bulky rubbish. Bulky rubbish will be
collected in accordance with the rules and regulations as promulgated by the
Director. All solid waste collected shall, upon being loaded into transportation
equipment, become the property of the collection agency.
C.
Tree limbs and yard wastes, as described in Subsections 225.020(E) and
(F) respectively, shall be placed at the curb for collection. Solid waste
containers as required by this Chapter for the storage of other residential
solid waste shall be placed at the rear of the building or as designated by the
Director for collection. Any solid waste containers, tree limbs, yard wastes, or
other solid waste permitted by this Chapter to be placed at the curb for
collection shall not be so placed until the regularly scheduled collection day.
D.
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. Commercial solid waste may be removed from within commercial
establishments upon written request of the owner and approval by the Director.
E.
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.
2.
At least sixty (60) hours shall intervene between collections unless
otherwise approved by the Director.
3.
All commercial solid waste shall be collected at such lesser intervals as
may be fixed by the Director or requested by the commercial establishment upon a
determination that such lesser intervals are necessary for the preservation of
the health and/or safety of the public.
F.
Residential solid waste containers shall be stored upon the residential
premises. Commercial 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. The storage site shall be well
drained; fully accessible to collection equipment, public health personnel and
fire inspection personnel.
G.
Solid waste collectors employed by the City or a solid waste collection
agency operating under contract with the City, shall be responsible for the
collection of solid waste from the point of collection to the transportation
vehicle provided the solid waste was stored in compliance with Subsections
225.020(C) through (F). 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.
H.
If the City does not provide for the collection of solid waste then 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 for the collection of said
occupant's own solid waste and all other provisions of this Chapter pertaining
to the regulation of solid waste shall remain in effect and compliance with this
Chapter shall be in all respects as though the City provided for the collection
of solid waste.
I.
The Director shall establish the procedure for collecting recyclable
solid waste by an authorized hauler pursuant to an authorized recycling program.
(CC 1990 §8-68; Code 1977 §14.100(3); Ord. No. 91-7 §4, 5-7-91)
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.
C.
Transportation and disposal of demolition and construction wastes shall
be in accordance with Section 225.050 and Article II of this Chapter.
(CC 1990 §8-89; Code 1977 §14.100(4))
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, Revised Statutes of Missouri Sections 260.200 to 260.245,
and the rules and regulations adopted thereunder. The City may designate the
processing or disposal facility to be utilized by persons operating under
Article II of this Chapter.
B.
Hazardous wastes under Revised Statutes of Missouri Subsection
260.360(9), Missouri Hazardous Waste Management Law, will require special
handling and shall be disposed of only in a manner authorized by State
regulations. (CC 1990 §8-70; Code
1977 §14.100(5))
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 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 sludges, ashes, agriculture,
construction, bulky items, tires, automobiles, oils, greases, etc.
B.
The City Clerk or such other City Official who is designated by the Board
of Aldermen, 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.
C.
A copy of any and all rules and regulations made and promulgated under
the provisions of this Section shall be filed in the office of the City Clerk.
(CC 1990 §8-71; Code 1977 §14.100(7))
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.
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 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 collection agency operating under contract with the
City or occupant;
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 State Department of Natural Resources;
6.
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;
7.
Violate any Section of this Chapter or any other rule or regulation
promulgated under the authority of Section 225.060.
(CC 1990 §8-72; Code 1977 §14.100(8))
A.
There shall be no service charge made by the City for the service of
collecting and disposing of solid waste so long as privately owned and operated
services are reasonably available in the City and such services are utilized by
the residents on a voluntary basis by contract or otherwise. If the Director
deems such services are not reasonably available or are not being utilized by
the residents on a voluntary basis, the Director shall inform the Board of
Aldermen and a service charge may be imposed by the Board of Aldermen for the
collection and disposal of solid waste, and for the improvement of the general
public health and environment, for each residential dwelling unit and each
establishment other than a residential dwelling unit. The service charge for
collection of
residential solid waste shall be in such amount as the Board of Aldermen
shall set from time to time by resolution. The service charge for collection of
solid waste from establishments other than residential dwelling units shall be
in such amount as the Board of Aldermen shall set from time to time by
resolution.
B.
The service and service charge, if any, imposed by the Board of Aldermen
shall be terminated upon presentation of satisfactory proof to the Director that
any such dwelling unit or establishment is unoccupied, and shall be commenced
upon renewed occupancy thereof.
C.
The system of services established by the provisions of this Chapter is
designed as an integral part of the City's program of health and sanitation, to
be operated as an adjunct to the City's system for providing other services for
the residents of the City. The City may enforce collection of service charges
imposed by the Board of Aldermen by bringing proper legal action against the
occupant of any dwelling unit or owner of any commercial establishment or
manager of any industrial, institutional, commercial or agricultural
establishment or any club to recover any sums due for such services plus a
reasonable attorney's fee to be fixed by the court, plus the cost of such
action.
D.
The service charge herein provided for by the Board of Aldermen is hereby
imposed upon the occupant of each occupied dwelling or owner of any commercial
establishment or manager of any industrial, institutional or agricultural
establishment or any club unit and the billing therefor shall be made to the
person contracting for City solid waste service or for other services provided
to each such dwelling unit. In the absence of information as to the person who
is either the owner or the tenant of such dwelling unit, the billing therefor
shall be made to the owner. Service charges shall be payable to the City. The
City Treasurer or such person as is designated by the Board of Aldermen shall
collect the service charge by sending statements therefor to the occupant of
each dwelling unit or such person hereinabove mentioned on a regularly scheduled
basis but not more often than once every three (3) months. If the collection of
any commercial solid waste requires excessive collection time because of storage
or collection conditions, the Board of Aldermen by resolution is authorized to
increase the service charge for such service.
(CC 1990 §8-73; Code 1977 §14.100(9))
Any person violating any of the
provisions of this Chapter or any lawful rules or regulations promulgated
pursuant thereto, upon conviction, shall be punished as provided in Section
100.100 of this Code. (CC 1990 §8-74;
Code 1977 §14.100(10))
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 a performance
bond payable to the City; in such amounts and with such bonding companies as may
be determined by the Board of Aldermen; provided, such performance bond may be
waived by the Board of Aldermen for good cause. (CC 1990 §8-75; Code 1977 §14.100(11))
The Board of Aldermen of the City by
duly adopted resolution may hold in abeyance, suspend or waive any of the
provisions of this Chapter in the following situations:
1.
The City has not contracted for the collection of solid waste and is not
collecting solid waste.
2.
In situations where enforcement of a provision would place an undue
burden upon or would be unduly harsh or would create an unreasonable financial
burden on either an occupant or other person.
(CC 1990 §8-76; Code 1977 §14.100(12))
A.
The City of Clarkson Valley shall be vested with ownership of:
1.
Containers provided to residents by the City, which containers are
designated for storage and collection of recyclable materials; and
2.
Designated recyclable materials set out by the owner, lessee, or occupant
of a residential dwelling or commercial building for collection by the City or
its designated agent.
B.
It shall be unlawful:
1.
To use any container described in Subsection (A)(1) above for any purpose
other than the collection and storage of designated recyclable materials; and
2.
For any person, firm or corporation to take, steal or disturb any
recyclable materials including newspapers, beverage cans, glass, aluminum and
plastic containers for food and beverage and any other materials which may be
designated for recycling by the City of Clarkson Valley; provided however, that
this Subsection (B)(2) shall not apply to the owner, lessee, or occupant of a
residential dwelling or commercial building described in Subsection (A)(2) above
with respect to recyclable materials stored or set out for collection by said
owner, lessee, or occupant of a residential dwelling or commercial building.
(CC 1990 § 8-77; Ord. No. 91-7 §5, 5-7-91)
Cross Reference─As
to business licenses, permits and miscellaneous business regulations, see ch.
605.
No person shall engage in the
business of collecting, transporting, processing or disposing of solid waste
within the City, without first obtaining an annual permit therefor from the City
or without first having entered into a contract with the City; provided,
however, that this provision shall not be deemed to apply to employees of the
holder of any such permit, or employees of the person having a contract with the
City. (CC 1990 §8-91; Code 1977 §14.100(6)(a))
Applications for a permit required
by this Chapter shall be filed with the City Clerk who shall deliver the
application to the Director for processing as provided herein. 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 Director 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 three hundred thousand
dollars ($300,000.00) for each person injured or killed, and in the amount of
not less than five hundred thousand dollars ($500,000.00) in the event of injury
or death of two (2) or more persons in any single accident, and in the amount of
not less than two hundred thousand dollars ($200,000.00) for damage to property.
Such policy may be written to allow the first one thousand dollars ($1,000.00)
or five hundred dollars ($500.00) of liability for damage to property to be
deductible. Should any such policy be cancelled, the Director 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, which shall also place upon the
company writing such policy the duty to give such notice.
(CC 1990 §8-92; Code 1977 §14.100(6)(b))
Each applicant for any permit
required by this Article 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 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 1990 §8-93; Code 1977 §14.100(6)(c)
If the application shows that the
applicant for a permit under this Article will collect, transport, process or
dispose of solid wastes without hazard to the public health or damage to the
environment and in conformity with the laws of the State and this Chapter, the
Director shall issue the permit authorized by this Chapter. The permit shall be
issued for a period of one (1) year, to the applicant and no fee shall be
charged for the permit. 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 Chapter, the Director
shall notify the applicant in writing setting forth the modification to be made
and the time in which it shall be done. The Director shall have the authority to
limit the number of annual permits issued under this Section in order to
preserve the health, comfort, safety and welfare of the residents, to promote
energy conservation with good solid waste management practices.
(CC 1990 §8-94; Code 1977 §14.100(6)(d))
If the applicant for a permit under
this Article does not make the modifications pursuant to the notice in Section
225.160 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
The annual permit may be renewed
simply upon filing an application with the City Clerk a signed application and
stating on the application "No change from date of original
application," and provided the business has not been modified, the
collection vehicles meet the requirements of this Chapter and the renewal is
approved by the Director. If modifications have been made, the applicant shall
reapply for a permit as set forth in Sections 225.140 and 225.150. No permits
authorized by this Article shall be transferable from person to person.
(CC 1990 §8-96; Code 1977 §14.100(6)(f))
In order to ensure compliance with
the laws of this State, this Chapter and the rules and regulations authorized
herein, the Director is authorized to inspect all phases of solid waste
management within the City. 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 a violation of this Chapter, the rules and
regulations authorized herein for the storage, collection, transportation,
processing or disposal of solid waste or the laws of the State, the Director
shall issue notice for each such violation stating therein the violation found,
the time and date and the corrective measure to be taken, together with the time
in which such corrections shall be made. (CC
1990 §8-97; Code 1977 §14.100(6)(g))
In all cases, when the corrective
measures have not been taken within the time specified, the Director shall
suspend or revoke the permit 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
1990 §8-98; Code 1977 §14.100(6)(h))
In the event a permit is revoked and
the person continues to operate, the Director may request the action of a court
of law to enjoin the acts and to enforce compliance with this Chapter or any
rule or regulation promulgated thereunder. In any such action, the court may
grant to the City such prohibitory or mandatory injunctive relief as the facts
may warrant. (CC 1990 §8-99; Code
1977 §14.100(6)(i))
Any person aggrieved by any notice
of violation or order of the Director issued pursuant thereto may, within ten
(10) days of the act for which redress is sought, appeal directly to the Board
of Aldermen in writing, setting forth in a concise statement the act being
appealed and the grounds for its reversal. (CC 1990 §8-100; Code 1977 §14.100(6)(j))
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