Chapter 14: Solid Waste Management

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CONTENTS

ARTICLE I

IN GENERAL

§ 14-1.        Definitions.

§ 14-2.        Collection and disposal of rubble generally.

§ 14-3.        Collection and disposal of refuse generally.

§ 14-4.        Depositing in streets, lots, streams, etc.; use of incinerators.

§ 14-5.        Only authorized persons to carry through city.

§ 14-6.        Disposable containers required.

§ 14-7.        Location of containers.

§ 14-8.        Refuse to be placed in containers.

§ 14-9.        Collection schedule.

§ 14-10.      Schedule of routes.

§ 14-11.      Fees generally.

§ 14-12.      Violation, avoiding payment of fees.

§ 14-13.      Industrial refuse.

§ 14-14.      Billing and payment; discontinuance for non-payment.

§ 14-15.      Use of refuse storage dumpster.

§ 14-16.      Licensing of other refuse collectors.

§ 14-17.      Fees.

§ 14-18.      Sanitation Appeals Board.

§ 14-19.      Appeals.

§ 14-20.      Powers of the board.

§ 14-21.      Two-thirds vote.

§ 14-22.      Penalty.

§ 14-23.      Disposal of tires.

§ 14-24.      Construction, maintenance and collection vehicles.

§ 14-25.      Safety and health of the collectors of solid waste.

§§ 14-26 to 14-27.  Reserved.

ARTICLE II

REFUSE COLLECTION FEES

§ 14-28.      Supplemental charges.

§ 14-29.      Residential collection.

§ 14-30.      Business collection.

§ 14-31.      Bulk refuse collection.

§§ 14-32 to 14-36.  Reserved.

ARTICLE III

RECYCLING

§ 14-37.      Collection and disposal of recyclable material.  Missouri Solid Waste Law (Senate Bill 530) RSMO 260.200-260.345.

§§ 14-38 to 14-42.  Reserved.

Chapter 14

SOLID WASTE MANAGEMENT

ARTICLE I

IN GENERAL

Sec. 14-1.  Definitions.

        As used in this Ordinance, the following terms shall be defined as follows:

        (a)   Authorized collector - The city or person, firm or corporation with whom the city has contracted and/or licensed for the collection and disposal of refuse.

        (b)   Business establishments - Stores, restaurants, hotels, offices, wholesale establishments and hospitals.  The term shall not be construed to include apartments, flats, private dwellings or boarding houses.

        (c)   Customer - Any person paying to the city the fee set out in this Ordinance for the collection and disposal of refuse.

        (d)   Garbage - Food waste.

        (e)   Refuse - All solid wastes including garbage rubbish.

        (f)    Recyclables - cardboard, pasteboard, magazines, newspapers, glass (clear, brown, green), plastic (#1 and #2), tin cans (food containers), and aluminum cans.

        (g)   Rubble - Brushwood, heavy yard trimmings, discarded fence posts, ashes, cinders, street sweepings, catchbasin muck, concrete, mortar, stones, bricks, trees or materials resulting from erection or destruction of buildings.  (Ord. 347, §1; Ord. 562.)

Sec. 14-2.  Collection and disposal of rubble generally.

        All rubble within the city shall be collected and disposed of by the city or by its duly approved licensed collectors, at such rates as shall be established by ordinance, or by the owner of such rubble and that rubble (bulky waste) will be collected and disposed of at least once per year.  (Ord. 347, §2; Ord. 534.)

Sec. 14-3.  Collection and disposal of refuse generally.

        The city shall provide refuse collection and disposal within the city subject to and in accordance with the provisions of this Ordinance at least once per week and in compliance with the Solid Waste Management Plan.  (Ord. 347, §3; Ord. 534; Ord. 562.)

Sec. 14-4.  Depositing in streets, lots, streams, etc.; use of incinerators.

        It shall be unlawful for any person to dispose of any refuse or rubble by depositing the same in any public alley, street, roadway, vacant lot or property of any kind or character within the city or in any stream or body of water within the city, or by burning.  However, nothing in this section shall be construed to prohibit the disposition of refuse by means of burning the same in an incinerator approved by the Board of Health of the State of Missouri.  (Ord. 347, §4.)

Sec. 14-5.  Only authorized persons to carry through city.

        It shall be unlawful for any person except the city or authorized collectors to haul, convey or carry garbage through the streets or alleys of the city.  Said authorized collectors must comply with section 14-16 of this Code.  (Ord. 347, §5.)  (See also Sections 23-210, 23-211.)

Sec. 14-6.  Disposable containers required.

        (a)   All garbage shall be drained and water eliminated as far as possible and securely and separately wrapped before placing the same in containers hereinafter required.

        (b)   All garbage, after complying with subparagraph (a) hereof, and all rubbish shall be placed in a clear plastic and disposable bag.  The collector shall not pick up non-disposable containers containing loose refuse.  (Ord. 347, §6; Ord. 534.)

Sec. 14-7.  Location of containers.

        (a)   Containers in commercial areas in which refuse to be removed by the city or its authorized collector is placed, shall be located in plain view near the rear exit of the building, in an accessible location at the ground level or on an open platform or open porch not more than four (4) feet above the ground level, and so placed that they may be reached from the ground by the collector.  The collection area is not to be located within a building or other structure.  If the premises on which such refuse accumulates abut on a public alley, such container shall be located immediately adjacent to such alley.  If such alley is not available, but a private driveway is available, such containers shall be located immediately adjacent to such driveway.  If more than one container is necessary to hold the refuse accumulating at a customer's premises, or if more than one container is used for the refuse from any one building, all containers shall be placed at the same location on the premises.

        (b)   The required disposable containers in residential areas are to be located at the front curb or in areas where alleyways may be used and are designated as collection routes by the city, the containers shall be placed at the edge of the alley.  In areas where curbside pick-up is necessary, the containers shall be placed at the curb no later than 7:30 A.M. the morning of the collection day and any remaining containers shall be removed from the curb the same day as collection.  The city will not be responsible for collecting refuse at the back of a residence where the alley is not used for a collection route.  It shall be unlawful for any person to fail, refuse, or omit to remove containers from the curb within the time specified in this section.  (Ord. 347, §7.)

Sec. 14-8.  Refuse to be placed in containers.

        It shall be unlawful for any person to deposit in a container from which refuse is to be removed by the city or by its authorized collector, any material other than refuse, as defined in section 14-1 of this Ordinance.  If any container contains any material other than refuse the city or its authorized collector shall not be obligated to remove the  contents of such container.  (Ord. 347, §8.)

Sec. 14-9.  Collection schedule.

        The city or its authorized collector shall collect and remove refuse from customer's premises according to the following schedule, unless an approved bulk-storage collection is in use;

        (a)   From dwellings, apartments and flats:  Once weekly.  (Ord. 562)

        (b)   From business establishments:  Once daily, except Sundays and legal holidays, or as is determined to be necessary by Owner and/or collector.  (Ord. 347, §9.)

Sec. 14-10.  Schedule of routes.

        A schedule showing the collection routes followed by the city or its authorized collector shall be deposited with, and remain on file with the city clerk.  Such routing may be changed by the authorized collector, but shall at all times follow the routes as set forth in the schedule on file with the city clerk and at such other places as the collector may direct.  (Ord. 347, §10.)

Sec. 14-11.  Fees generally.

        (a)   Every owner, occupant, tenant or lessee receiving water and/or electric service within the city limits shall receive refuse pick-up service and shall pay such fees as are set forth by Ordinance, unless waiver of service or a variance of it is authorized by the director of the sanitation department after special investigation of conditions upon which the waiver or variance is requested.

        (b)   Residential service shall consist of the removal of refuse substances, as defined in section 14-1 of this Code, with container contents when full, not over seventy-five (75) pounds or the equivalent thereof, once weekly.  The fees for such service shall be as are established by separate Ordinance.  (Ord. 347, §11; Ord. 562.)

Sec. 14-12.  Violation, avoiding payment of fees.

       (a) It shall be unlawful for any owner, occupant or lessee using or occupying a building, structure or apartment as a separate unit, to utilize the garbage containers or receptacles of another owner, occupant, tenant or lessee for the disposal of his own refuse or garbage for the purpose of avoiding payment of the fees levied by this division.

       (b) It shall be unlawful to bring or permit others to bring onto any property refuse, garbage or trash not generated on that property for the purpose of disposing of these items through the city's sanitation service and avoiding payment of fees levied by this division.

       (c) It shall be unlawful for any person who is not an authorized collector licensed for the collection and disposal of garbage, refuse, recyclables or rubbish by the City of St. James, Missouri to remove or disturb garbage, refuse, recyclables or rubbish from any container or receptacle of another owner, occupant, tenant or lessee.

       (d) Any person who violates the provisions of this section is guilty of an ordinance violation and, upon conviction, shall be punished as follows:

             (1) By a fine not exceeding five hundred dollars, or;
             (2) By imprisonment in the county jail not exceeding ninety days, or;
              (3) By both such fine and imprisonment.
(Ord. 347, §12; Ord. 651; Ord. 886; Ord. 897)

Sec. 14-13.  Industrial refuse.

        Industrial refuse may be collected by the city upon such terms as may be agreed upon between the city and each industry.  (Ord. 347, §13.)

Sec. 14-14.  Billing and payment; discontinuance for nonpayment.

        The service fees provided for in this Ordinance shall be billed and collected by the City of St. James, Missouri, municipal utility department, and shall be billed as a part of the utility bill each month.  Should such charge for refuse collection become delinquent, utility services shall be discontinued under the same terms as provided for the failure to pay for other utility services.  (Ord. 347, §14.)

Sec. 14-15.  Use of refuse storage dumpster.

        Upon the request of a business customer, the city, or its authorized collector, shall furnish a refuse storage dumpster for use by that customer.  Such dumpsters shall remain the property of the City of St. James.  Dumpsters, or other types of refuse storage bins, not belonging to the city, or its authorized collector, will not be emptied by the sanitation department.  Customer will be responsible for the sanitary condition of the storage dumpster in compliance with State Board of Health Standards.  (Ord. 347, §15.)

Sec. 14-16.  Licensing of other refuse collectors.

        Any persons, other than the City of St. James, or its authorized collectors, desiring to engage in the business of refuse collection in the City of St. James, shall meet all requirements of and be approved by the Missouri Department of Health; shall be authorized by the city council of this city; shall obtain a license to operate such a business within said city for an annual fee of two hundred ($200.00) dollars; plus an additional annual fee of one hundred and eighty ($180.00) dollars for each vehicle used in such business.  (Ord. 347, §16.)

Sec. 14-17.  Fees.

        The basic monthly fees for refuse collection provided for herein and established by separate ordinance, shall be arrived at based upon the actual cost of operation of the refuse collection service.  At any time the director of the sanitation department determines that the collection from any customer is costing the city more than the current rate as established by Ordinance the director shall have the authority to assess the customer such additional sums of money, and to bill for the same as hereinbefore provided, as will compensate the city for the actual cost of such collection.  (Ord. 347, §17.)

Sec. 14-18.  Sanitation Appeals Board.

        A Sanitation Appeals Board hereafter called the board is hereby created consisting of three (3) members to be appointed by the mayor and approved by the city council.  The membership of the first board shall serve respectively:  One for one year; One for two years and one for three years.  Thereafter members shall be appointed for a term of three years, each.  Membership shall be removed, for a cause, by the appointing authority upon written charges and after public hearing.  Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.  The board shall elect its own chairman who shall serve for one year.  The board shall adopt rules in accordance with the provisions of this Ordinance or of any amendment thereto.  Meetings of the board shall be held at the call of the chairman or at such times as the board may determine.  All the meetings of the board shall be open to the public.  The chairman or in his absence the acting chairman may administer oaths and compel the attendance of witnesses.  The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep a record of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall become a public record.  (Ord. 347, §18.)

Sec. 14-19.  Appeals.

        Any person desiring to seek review of the actions of the director or the Department of Sanitation under the provisions of this Ordinance shall file in writing with the city clerk his appeal which shall consist of a statement of facts or reasons for making such appeal.  The statement for appeal shall then be presented to the Sanitation Appeals Board at the next regular meeting.  The filing of the appeal shall not change the status or the condition appealed from until the board shall reach its decision, thereon.  The board shall fix a reasonable time for the hearing of the appeal and give due notice to the parties in interest, and decide the same within reasonable time.  Upon the hearing, any party may appear in person, by agent or by attorney.  (Ord. 347, §19.)

Sec. 14-20.  Powers of the board.

        The Sanitation Appeals Board shall have the following powers:

        (a)   To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this Ordinance.

        (b)   To hear and decide all matters referred to it or upon which it is required to pass under this Ordinance.

        (c)   In passing upon appeals, where there are provisions of this Ordinance relating to waivers, variances and assessments.  (Ord. 347, §20.)

Sec. 14-21.  Two-thirds vote.

        The concurring vote of two members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance.  (Ord. 347, §21.)

Sec. 14-22.  Penalty.

        Any person violating any provision of this Ordinance or any revision of the ordinance, shall be deemed guilty of a misdemeanor.  (Ord. 347, §22; Ord. 534)  (For Penalty see Sec. 1-13.)

Sec. 14-23.  Disposal of tires.

        (a)   The Department of Natural Resources of the State of Missouri has imposed restrictions on the disposal of tires,

        (b)   This restriction forbids individuals from including tires in their trash,

        (c)   The City of St. James Sanitation Department will no longer pick up tires as trash;

        (d)   Failure to comply with this ordinance will subject violators with a penalty,

        (e)   Any individual who includes tires in the trash of the city dumpsters will be penalized, if convicted, with a fine of not less than $50.00 nor more than $500.00  (Ord. 509)

Sec. 14-24.  Construction, maintenance and 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 water-tight 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.  (Ord. 534)

Sec. 14-25.  Safety and health of the collectors of solid waste.

        Every precaution possible to insure the safety and health of every one involved with the collection of solid waste will be provided as deemed to be the best concerns of the city and the employee.  (Ord. 534)

Secs. 14-26 to 14-27.  Reserved.

ARTICLE II

REFUSE COLLECTION FEES

Sec. 14-28.  Supplemental charges.

        There shall be such other charges made as shall be determined by the director of the sanitation department as provided for in section 14-17.  (Ord. 348, §4.)

Sec. 14-29. Residential collection.

        There shall be a charge of $10.90 per month for once a week refuse collections. (Ord. 348, §1; Ord. 562; Ord. 992)

Sec. 14-30. Business collection.

        There shall be a charge of $12.23 per month for business refuse collections weekly. (Ord. 348, §2; Ord. 562; Ord. 992)

Sec. 14-31. Bulk refuse collection.

        Charges for bulk refuse collection (dumpsters) shall be based on a monthly rate as follows: (Ord. 348, §3; Ord. 562; Ord. 694; Ord. 992)

CUBIC YARD SIZE PICKUPS RATES TO BE

OF DUMPSTER PER WEEK CHARGES

1 1 $ 28.64

2 57.29

3 85.93

3 compacted rate 126.25

4 114.58

5 143.22

Extra per pickup 17.01

 

2 1 $ 46.17

2 92.34

3 138.50

3 compacted rate 219.14

4 184.66

5 230.83

Extra per pickup 22.68

 

3 1 $ 62.61

2 125.22

3 187.85

3 compacted rate 308.81

4 251.51

5 313.07

Extra per pickup 28.35

6 1 $ 118.39

2 236.78

2 compacted rate 397.95

3 355.17

3 compacted rate 597.09

4 473.55

5 591.95

6 710.33

Extra per pickup 56.70

Sec. 14-32. Trash bag limits.

  • A limit of 7 (seven) 30 gal bags is permitted per residence per week.
  • An extra charge of $1.00 will be assessed for each additional bag. (Ord. 992)

Secs. 14-32 to 14-36.  Reserved.

ARTICLE III

RECYCLING

Sec. 14-37.  Collection and disposal of recyclable material.  Missouri Solid Waste Law (Senate Bill 530) RSMO 260.200-260.345.

        (a)   General - The City shall provide curbside recycling services to all residential and business establishments to be in compliance with the Missouri Solid Waste Law and the Ozark Rivers Solid Waste Management Plan.

        (b)   Collection Schedule - The City shall provide curbside recycling service to all residential areas of the City at least once per week, and to the business establishments on an "as needed" basis as established by the City.

        (c)   Fees - There shall be no separate charge to the residents for the recycling program.  The cost for operating this program shall be incorporated into the overall sanitation budget.

        (d)   Location of Recyclables - Recyclables collected in residential areas should be placed at the front curb or in areas where alleyways may be used and are designated by the City.  (Ord. 562)

Secs. 14-38 to 14-42.  Reserved.