An ordinance pertaining to public health, safety, and welfare; regulating storage, collection, transportation, processing, and disposal of solid waste and yard waste; providing for collection and disposal of solid waste and yard waste; providing a penalty for violation of the provisions of this ordinance; and repealing all ordinances in conflict.
Be it ordained by the Board of Aldermen of the City of Rich Hill, Missouri, the following:
SECTION 1: DEFINITIONS
For the purpose of this ordinance the following terms shall be deemed to have the meaning indicated below:
APPROVED INCINERATOR: any incinerator, which complies with all current regulations of the responsible local and state air pollution control agencies.
BULKY RUBBISH: non – putrescible solid wastes consisting of combustible and /or non-combustible waste materials from dwelling units, commercial, industrial, institutional, or agricultural establishments which are either too large or too heavy to be safely and conveniently loaded in solid waste transportation vehicles by solid waste collectors, with the equipment available therefore any item that exceeds 40 pounds in weight and/or is larger than four feet by five feet.
CITY: the City of Rich Hill, Missouri.
COLLECTION: removal of solid waste from its place of storage to the transportation vehicle.
COMMERCIAL USER: any person, firm, partnership, or corporation occupying any building or structure which is within the corporate limits of the City of Rich Hill, Missouri, the principle use of which is engaging in commerce or trade, having financial profit as the primary aim. Provided, however, that schools and churches shall be deemed as “commercial user”.
CONTRACTOR: solid waste collection company operating under contract with the City
DEMOLITION AND CONSTRUCTION WASTE: w materials from the construction or destruction of residential or commercial structures.
DIRECTOR: the Director of the solid waste management program of the City of Rich Hill shall be the Mayor, or his authorized representative.
DISPOSABLE SOLID WASTE CONTAINER: disposable plastic sacks or bags with a capacity not greater than 35 gallons which is 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: including but not limited to: pathological wastes, explosive wastes, pesticides, pesticide containers, toxic or radioactive materials.
MEDICAL PATHOLOGICAL WASTE: including, but not limited to, needles, syringes, sharp objects, or other materials that have made contact with blood or bodily fluids.
MULTIPLE HOUSING FACILITY: a housing facility containing more then one dwelling unit under one roof.
OCCUPANT: any person who, along or jointly or severally with others, shall be in actual possession of any dwelling unit of any other improved real property, either as owner or as a tenant.
OUTSIDE COMMERCIAL USER: any person, firm, partnership, or corporation occupying any building or structure which is outside the corporate limits of the City of Rich Hill, Missouri, the principle use of which is engaging in commerce or trade, having financial profit as the primary aim. Provided, however, that schools and churches shall be deemed as “commercial user”.
OUTSIDE RESIDENTAL USER: any person occupying any building or structure which is outside the corporate limits of the City of Rich Hill, Missouri, the principle use is as a place of abode for any person or persons.
PERSON: any individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision, or organization of any kind, or their legal representative, agent or assigns.
PROCESSING: incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.
REFUSE: solid waste.
RESIDENTIAL USER: any person occupying any building or structure, which is within the corporate limits of the City of Rich Hill, Missouri the principle use, is as a place of abode for any person or persons.
SOLID WASTE: unwanted or discarded waste materials in a solid or semi-solid state, including but not limited to garbage, ashes, street refuse, rubbish, dead animals, animal and agricultural wastes, yard wastes, discarded appliances, special waste, industrial wastes, and demolition and construction wastes.
(a) Commercial solid waste–solid waste resulting from the operation of any commercial, industrial, institutional or agricultural establishments, and multiple housing facilities with more than one (1) dwelling units.
(b) Residential solid waste– solid waste resulting from the maintenance and operation of dwelling units, excluding multiple housing facilities with more than one (1) dwelling units.
SOLID WASTE CONTAINER: 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 disposition of solid waste by man.
SOLID WASTE MANAGEMENT: the entire solid waste systems of storage, collection, transportation, processing and disposal.
STORAGE: keeping, maintaining or storing solid waste from time of its production until the time of its collection.
TRANSPORATION: the transporting of solid waste from the place of collection or processing to a solid waste processing facility or solid waste disposal area.
YARD WASTE: brush, leaves, grass clippings, flowers, dirt, and rock
SECTION 2: SOLID WASTE STORAGE
SECTION 2.1: The occupant of every dwelling unit and of every institutional, commercial or business, industrial, or agricultural establishment producing solid waste within the corporate city limits of the City, shall provide, or shall be provided by the Contractor at the request of the City, , sufficient and adequate containers for the storage of all solid waste to serve each such dwelling unit and/or establishment, and to maintain such solid waste containers at all times in good repair.
SECTION 2.2: The occupant of every dwelling unit and of every institutional, commercial, industrial, agricultural or business establishment within the corporate limits of the City 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 sanitary condition at all times.
SECTION 2.3: Residential solid waste shall be stored in containers that meet the following specifications:
- No less than 90 gallons in normal capacity.
- Containers shall be leak proof, waterproof, and fitted with a fly tight lid.
- Shall be properly covered at all times except when depositing waste therein or removing the contents thereof.
- Shall have handles, basils 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 lightweight and sturdy construction. The weight of any individual container and contents shall not exceed 75 pounds.
- Galvanized metal containers, or rubber, fiberglass, or plastic containers, which do not become brittle in cold weather, may be used.
- Disposal solid waste containers with suitable frames and containers as approved by the Director may also be used for storage of residential solid waste.
- Any container that will allow bagged solid waste to be easily removed (loose solid waste will not be picked up).
SECTION 2.4: Solid waste containers with the following specifications will NOT be allowed for use:
- Metal, 55 gallon barrels
- Paper sacks or cardboard
- Wheelbarrows or carts
- Any container that can not be dumped into the truck by one man or not meeting the definitions in Section 2.3
SECTION 2.5: Commercial solid waste shall be stored in solid waste containers as approved by the Director. The containers shall be waterproof, leak proof and shall be covered at all times except when depositing waste therein or removing the contents thereof, and shall meet all requirements as set forth by Section 7.
SECTION 3: COLLECTION OF SOLID WASTE
SECTION 3.1: Except for services in connection with the collection and disposal of Demolition and Construction Waste as provided in Section 6 of this Ordinance, no person shall engage in the business of collecting, transporting, processing or disposing of any other type of solid waste within the corporate limits of the City. Residents and any business, firm, partnership or corporation occupying or using any building or structure which is in the corporate limits of the City shall receive refuse pickup and disposal service or collection for solid waste other than Demolition and Construction Waste exclusively from the City as per rules and regulations of the Ordinance. The City may also provide services for the collection and removal of Demolition and Construction Waste, or the removal of such waste can be provided, at the customer’s expense, by a customer contracting with a third party who holds a Demolition and Construction Waste Permit issued in accordance with Section 6 of this Ordinance. The City may also provide the collection services by the City contracting with a person, county, or other city or combination thereof, for the entire City or portions thereof, as deemed to be in the best interest of the City.
SECTION 3.2: All solid wastes from premises to which collection services are provided by the City or the Contractor, shall be collected, except bulky rubbish as defined herein; provided, however, bulky rubbish collections shall be subject to additional charges as hereinafter established in this ordinance. All solid waste collected shall, upon being loaded into transportation equipment, become the property of the collection agency.
SECTION 3.4: 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 there from as required by this ordinance. 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 of the Director.
- All solid waste being set out for collection must be placed at the edge of the property, along the road, unless otherwise directed by the truck operator. Solid waste containers and disposable solid waste containers not properly placed will not be picked up.
SECTION 3.5:The following collection frequencies shall apply to collections of solid waste within the City: All residential solid waste, other than bulky rubbish, shall be collected (at least once) weekly. At least seventy-two (72) hours shall intervene between collections. All commercial solid waste shall be collected (at least once) weekly, except otherwise permitted by the Director, and 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 prevention of the health and /or safety of the public.
SECTION 3.6: 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 sight shall be well drained, free from loose debris and maintained; fully accessible to collection equipment, public health personnel and fire personnel.
SECTION 3.7: Solid waste collectors, employed by the City or a solid waste collection agency operating under contract with the City, shall be responsible for the solid waste from the point of collection to the transportation vehicle provided the solid waste was stored in compliance with Sections 2.3, 2.4, 2.5, and 2.6 of this ordinance. Any spillage of 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.
SECTION 3.8: It shall be the responsibility of the collector to inform the director of any known or suspected hazardous or toxic wastes prior to the collections of such wastes.
SECTION 4: TRANSPORTATION OF SOLID WASTE
SECTION 4.1: All transportation vehicles shall be maintained in a safe clean and sanitary condition, and shall be so constructed, maintained and operated as to prevent spillage of solid waste there from. All vehicles to be used for transportation of solid waste shall be constructed with watertight bodies and with covers which shall be an integral part of the vehicle or shall have a separate cover of suitable material with fasteners designed to secure all sides of the cover to the vehicle which shall be secured whenever the vehicle is transporting solid waste, or as an alternate, the entire body thereof shall be enclosed, with only loading hoppers exposed. No solid waste shall be transported in the loading hoppers.
SECTION 4.2: 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 right of ways.
SECTION 4.3: Transportation and disposal of demolition and construction wastes shall be in accordance with applicable Section 5 and 6.
SECTION 5: DISPOSAL OF SOLID WASTE
SECTION 5.1: Solid wastes shall be deposited at a processing facility or disposal area approved by the City and complying with all requirements of the Missouri Division of Health and the Department of Natural Resources.
SECTION 5.2: The Director may classify certain wastes as hazardous wastes which will require special handling and shall be disposed of only in a manner acceptable to the Director and which will meet all local, State and Federal regulations.
SECTION 5.3: Medical pathological waste shall be disposed of in accordance with Missouri State Department of Health regulations in approved containers.
SECTION 6: DEMOLITION AND CONSTRUCTION WASTE PERMITS; INSPECTIONS
SECTION 6.1: A person may engage in the business of collecting, transporting, processing, or disposing of Demolition and Construction Wastes within the corporate limits of the City only if that Person first obtains a Demolition and Construction Waste Permit from the City in accordance with this Section. If a Demolition and Construction Waste Permit is obtained, no further permit shall be required from employees of the holder of any such permit.
SECTION 6.2: No such Demolition and Construction Waste Permit shall be issued until and unless the applicant therefore, 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 as listed in the City Fee Schedule. Should any such policy be canceled, 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.
SECTION 6.3: Each applicant for any such Demolition and Construction Waste Permit shall state in his application therefore; (a) the nature of the Demolition and Construction Waste Permit desired, as to collect, transport, process, or dispose of Demolition and Construction Waste or any combination thereof; (b) the characteristics of the Demolition and Construction Waste to be collected, transported, processed, or disposed; c) the number of Demolition and Construction Waste transportation vehicles to be operated there under; (d) the precise location or locations of Demolition and Construction Waste processing or disposal facilities to be used and a copy of the state landfill permit; (e) boundaries of the collection area; and (f) such other information as required by the Director.
SECTION 6.4: If the application shows that the applicant will collect, transport, process or dispose of Demolition and Construction Waste without hazard to the public health or damage to the environment and in conformity with the laws of the State of Missouri and this ordinance, the Director shall issue the Demolition and Construction Waste Permit authorized by this ordinance. The Demolition and Construction Waste Permit shall be issued for a period of one year and each applicant shall pay therefore a fee as listed in the City Fee Schedule for each Demolition and Construction Waste processing or disposal facility to be operated and an additional amount as listed in the City Fee Schedule for each transportation vehicle to be used. 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 ordinance, the Director shall notify the applicant in writing setting forth the modification to be made and the time in which it shall be done.
SECTION 6.5: If the applicant does not make the modifications pursuant to the notice in 6.4 within the time limit specified therein, or if the application does not clearly show that the collection, transportation, processing or disposal of Demolition and Construction Waste 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 section shall prejudice the right of the applicant to reapply after the rejection of his application provided that all aspects of the re-application comply with the provisions of this ordinance.
SECTION 6.6: The annual Demolition and Construction Waste Permit may be renewed simply upon payment of the fee or fees as designated herein if the business has not been modified and with the presentation of a current copy of the state landfill permit. If the modifications have been made, the applicant shall reapply for a Demolition and Construction Waste Permit as set forth in Sections 6.2 and 6.3. No Demolition and Construction Permit authorized by this ordinance shall be transferable from person to person.
SECTION 6.7: In order to insure compliance with the laws of this State, this ordinance and the rules and regulations authorized herein, the Director is authorized to inspect all phases of solid waste management (including, but not limited, to both Demolition and Construction Waste and all other forms of solid waste) within the City of Rich Hill, Missouri. 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 violation of this ordinance, the rules and regulations authorized herein for the storage, collection, transportation, processing or disposal of solid waste or the laws of the State of Missouri, the director shall issue notice for each such violation stating therein the violation or violations found, the time and date and the corrective measure to be taken, together with the time in which such corrections shall be made.
SECTION 6.8: In all cases, when the corrective measures have not been taken within the time specified, the Director shall suspend or revoke the Demolition and Construction Waste Permit or Demolition and Construction Waste Permits involved in the violation, however, in those cases where an extension of time will Demolition and Construction Waste Permit correction and there is no public health hazard created by the delay, one extension of time not to exceed the original time period may be given.
SECTION 6.9: Any person who feels aggrieved by any notice of violation, or order issued pursuant thereto of the Director may within ten (10) days of the act for which redress is sought appeal directly to the Board of Aldermen of Rich Hill, Missouri, in writing, setting forth in a concise statement the act of being appealed and the grounds for its reversal.
SECTION 6.10: All motor vehicles operating under any Demolition and Construction Waste Permit required by this ordinance shall display the number or numbers on each side in color, which contrasts with that of the vehicle, such numbers to be clearly legible and not less than 4″ high. Each Demolition and Construction Waste Permit for processing or disposal facilities shall be prominently displayed at the facility.
SECTION 7: YARD WASTE
The City shall operate a yard waste disposal site and may provide for the collection and disposal of residential yard waste, as determined and approved by the Board of Aldermen.
SECTION 8: RULES AND REGULATIONS
The Director shall make, amend, revoke, and enforce reasonable and necessary rules and regulations, governing, but not limited to:
(a) Preparation, drainage and wrapping of garbage deposited in solid waste containers.
(b) Specifications for solid waste containers, including the type, composition, equipment, size and shape thereof.
(c) Identification of solid waste containers and of the covers thereof, and of equipment thereto appertaining, if any.
(d) Weight limitations on the combined weight of solid waste containers and the contents thereof, and the weight of solid waste bundles and their size limitations on bundles of solid waste too large for solid waste containers.
(e) Storage of solid waste in solid waste containers.
(f) Sanitation, maintenance, and replacement of solid waste containers.
(g) Schedule of and routes for collection and transportation of solid waste.
(h) Collection points of solid waste containers.
(i) Collection, transportation, processing, and disposal of solid waste.
(j) Processing facilities and fees for the use thereof.
(k) Disposal facilities and fee for the use thereof.
(l) Records of quantity and type of wastes received at processing and / or disposal facilities.
(m)Handling of special wastes such as toxic hazardous wastes, sludge, ashes, agriculture, construction, bulky items, tires, automobiles, oils, greases, etc.
The City Clerk or such other City official, who is responsible for preparing utility and other service charge billings for the City, is hereby authorized to make and promulgate reasonable and necessary rules and regulations for the billing and collection of solid waste collection and / or disposal service charges, as hereinafter provided for. A copy of any and all rules and regulations made and promulgated under the provisions hereof shall be filed in the office of the City Clerk of the City.
SECTION 9: PROHIBITED PRACTICES
It shall be unlawful for any person to:
- Deposit solid waste in any solid waste container other than his own, without the written consent of the owner of the container and / or with the intent of avoiding payment of the service charge hereinafter provided for solid waste collection and disposal,
- 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;
- Burn solid waste unless an approved incinerator is provided or unless a variance has been obtained from the appropriate air pollution control agency;
- Dispose of solid waste at any facility or location which is not approved by the City and the Missouri Division of Health;
- 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.
- Prohibited Solid Waste will include, but is not limited to:
- Yard Waste (grass clippings, brush, flowers, etc.)
- Concrete and rock
- Waste oil
- Unmarked metal or plastic containers (5-gallon buckets, 1-gallon cans, bottles, etc.)
- Gasoline Cans or gasoline tanks
- Any items that are not allowed in the solid waste processing facility.
SECTION 10: SERVICE CHARGES/ DEPOSITS
There is hereby imposed, for the collection and disposal of solid waste, and for the improvement of the general public health and environment, a service charge for each dwelling unit and each commercial establishment.
- Residential Users – All residential users shall pay a charge for refuse pickup and disposal to the City of Rich Hill, Missouri. The charge shall be billed by the City of Rich Hill and paid by such residential users with other utility charges. This rate shall entitle the user to one pickup weekly and the fee is listed in the City Fee Schedule.
(b) Outside Residential Users – All outside residential users shall pay a deposit of 2 months billing before service can begin and then they will be charge for refuse pickup and disposal to the City of Rich Hill, Missouri. The charge shall be billed by the City of Rich Hill and paid by such residential users with other utility charges. This rate shall entitle the user to one pickup weekly and the fee is listed in the City Fee Schedule.
(c) Commercial Users – All commercial users shall pay a charge for refuse pickup and disposal to the City of Rich Hill, Missouri. The charge shall be billed by the City of Rich Hill and paid by such commercial users with other utility charges. This rate shall entitle the user to one pickup weekly and the fee is listed in the City Fee Schedule.
(d) Outside Commercial Users – All outside commercial users shall pay a deposit of two months billing before services will begin and then they will be charge for refuse pickup and disposal to the City of Rich Hill, Missouri. The charge shall be billed by the City of Rich Hill and paid by such commercial users with other utility charges. This rate shall entitle the user to one pickup weekly and the fee is listed in the City Fee Schedule.
(e) If a residential or commercial user that gets one pickup per week requires the truck to run the hopper more than once there will be an additional charge, which can be found in the City Fee Schedule.
(g) Dumpsters – Upon making application at City Hall and paying a deposit of the monthly rate equal to the number of pickups per week and the size of dumpster, a commercial customer may acquire the use of a dumpster. At such time the user requests removal of the dumpster, any balance due upon dumpster charges will be deducted from the deposit and the remainder of the deposit, if any, will be refunded to the customer. All commercial users of a dumpster for refuse pickup and disposal shall pay a monthly charge to the City of Rich Hill, Missouri as shown in the City Fee Schedule.
Dumpsters will be provided to commercial users so long as the Contractor has a dumpster available.
All dumpsters will be located to allow easy access by the refuse truck. . In situations where the customer repeatedly overfills the dumpster, arrangements must be made for a larger dumpster or for more frequent pickups.
(h) Customers requiring disposal of bulky rubbish or are required to purchase a bulky item ticket from City Hall prior to pick up and affix the ticket to the item in order for it to be picked up. All deposits, fees, and regulations that are included in this ordinance are applicable.
(i) Customers requiring disposal of garbage, including but not limited to commercial eating establishments may be required to apply for a dumpster at the discretion of the Director if the placement of the garbage for collection creates a public nuisance.
The system of services established by the provisions of this ordinance hereof 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 potable water and the City’s system for providing sewerage disposal. The City may enforce collection of such charges by bringing proper legal action against the occupant of any dwelling unit or owner of any commercial establishment to recover any sums due for such services plus a reasonable attorney’s fee to be fixed by the court, plus the costs of such action.
The service charge herein provided for is hereby imposed upon the occupant of each solid waste generating unit and the billing thereof shall be made to the person contracting for City water or for other water service or otherwise providing water service to each such dwelling unit. In the event the solid waste-generating unit is not serviced by City water, or in the absence of information that such person is neither the owner nor the tenant of such dwelling unit, in which event billing therefore shall be made to the owner. Service charges shall be payable to the department empowered to collect service charges imposed by the City.
SECTION 11: PENALTIES
Any person violating any of the provisions of this Ordinance or any lawful rules or regulations promulgated pursuant thereto, shall, upon conviction, punished by a fine of not less than $5.00 no more than $500.00; provided that each day’s violation thereof shall be a separate offense for the purpose hereof.
SECTION 12: BONDS
All persons obtaining permits to collect and transport solid waste to processing or disposal facilities shall provide adequate performance bonds in an amount to be established by the Board of Aldermen of Rich Hill, Missouri.
SECTION 13: REPEALS
All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
SECTION 14: SEVERABILITY CLAUSE
The provisions of this Ordinance are severable, and if any provisions or part thereof shall be held invalid or unconstitutional, or inapplicable to any person or circumstance, such invalidity, unconstitutionality, or inapplicability shall not affect or impair the remaining provisions of this Ordinance.
1st Reading September 9, 2020
2nd Reading September 9, 2020
This ordinance shall become effective upon the 9th day of September, 2020.
___________________________ Ayes: Humble, Kassner, Tourtillott, Robb
Jason Rich, Mayor Nays: None
Casey Crews, City Clerk