ORDINANCE
J. Dumpster. A solid waste container in excess of 30-gallon capacity. In conformity with this ordinance and as approved by the director.
K. 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.
L. Hazardous waste. Any waste or combination of wastes, as determined by the Missouri Hazardous Waste Management Commission by rules and regulations, which, because of its quantity, concentration, or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness, or pose a present or potential threat to the health of humans or other living organisms (subsection 260.360 (11) of the Missouri Hazardous Waste Management Law).
M. Occupant. Any person who, alone or jointly or severally with others, shall be in actual possession of any dwelling unit or of any other improved real property, either as owner or as a tenant.
N. Person. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision, or organization of any kind, or their legal representative, agent or assigns.
0. Processing. Incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.
P. 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 wastes, industrial wastes, and demolition and construction wastes, including but not limited to trash bags.
(1) Commercial solid waste: Solid waste resulting from the operation of any commercial, industrial, institutional or agricultural establishment.
(2) Residential solid waste: Solid waste resulting from maintenance and operation of dwelling units.
Q. Solid waste container. Receptacle used by any person to store waste during the interval between solid waste collections.
R. Solid waste disposal. The process of discarding or getting rid of unwanted material; in particular, the final disposition of solid waste by man.
S. Solid waste management. The entire solid waste system of storage, collection, transportation, processing and disposal.
T. Storage. Keeping, maintaining or storing solid waste from the time of its production until the time of its collection.
U. Transportation. The transporting of solid waste from the place of collection or processing to a solid waste processing facility or solid waste disposal area.
V. Yard wastes. Grass clippings, leaves, tree trimmings and tree limbs less than four (4) inches in diameter.
The following rules apply to location of solid waste containers and billing practices.
A. Solid waste containers shall be placed and at all times kept and provided on private property, provided, however, that on collection day such containers shall be placed in plain view of the premises adjacent to the city street, then such containers shall, on collection days, be placed in view adjacent to the curb in front of such premises. If more than one solid waste container is necessary to hold the solid waste accumulating on the premises, or if more than one solid waste container is used for the solid waste from any building, all containers shall be placed at the same location for collection.
B. 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.
C. 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.
It shall be unlawful for any person to:
A. Deposit solid waste in any solid waste container other than his own with the intent of avoiding payment of the service charge hereinafter provided for solid waste collection and disposal;
B. Use the solid waste services if said services are not being billed or failure of user to notify City of Browning of their use thereof;
C. Fail to have solid waste collected as provided in this ordinance;
D. 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;
E. Burn solid waste unless an incinerator approved by the Missouri Department of Natural Resources is provided or unless a variance has been obtained from the appropriate air pollution control agency;
F. Dispose of solid waste at any facility or location which is not approved by the city and the Missouri Department of Natural Resources.
G. Place solid waste containers on or in a street, sidewalk, vehicular and pedestrian traffic way.
H. Place in any solid waste container any hazardous waste or other material which is not approved for disposal at a landfill or other approved disposal or processing facility, including but not limited to those items described in Section 14 of this ordinance.
I. To store, accumulate, pile or place yard waste on any property for a period in excess of six months.
Section 4: Service charges
The following rules relate to service charges for solid waste collection.
A. There is hereby imposed, for the collection and disposal of solid waste, in order to protect the general public health and environment, a service charge for each dwelling unit and each commercial establishment not utilizing a dumpster. The service charge for collection of residential solid waste shall be set by the board of aldermen from time to time. Beginning October 1,1997, the monthly service charge shall be $7.00.
B. The service charge shall be terminated upon presentation of satisfactory proof to the director that any such dwelling unit or establishment is unoccupied, and shall be automatically commenced upon renewed occupancy thereof.
C. 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 cost of such action.
D. The service charge herein provided for is hereby imposed upon the owner/occupant, jointly and severally, of each dwelling unit. Service charges shall be payable to the department empowered to collect service charges imposed by the city.
E. In the event an exclusive agreement is entered into between the city and a person for the collection of solid waste from commercial establishments utilizing dumpsters, the collection and removal of garbage, rubbish and bulky rubbish by truck or other vehicles in the city, or the holding out of solicitation of such business by any person who does not have a contract with or who is not authorized and licensed by the city for the collection, removal and disposal of solid waste shall be unlawful.
F. All payments received by the city under the provisions of this section shall be used to defray the expenses of collection of solid waste.
G. The bill for the monthly collection service charge shall be included with the city's monthly billing for municipal utilities.
H. Any bill shall be considered delinquent thirty (30) days after its due date. All delinquent accounts shall become liens on the real estate of the premises to which the services have been provided.
Any person violating any of the provisions of this ordinance, or any lawful rules or regulations promulgated pursuant thereto, upon conviction, shall be punished by a fine of not less than five dollars ($5.00) nor more than five hundred dollars ($500.00); provided, that each day's violation thereof shall be a separate offense for the purpose hereof.
The following rules relate to storage of solid waste.
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 corporate limits of 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. The owner of said containers shall 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 (30) gallons nor less than twenty (20) gallons in nominal capacity. Containers shall be leakproof and waterproof. They shall be of light weight and sturdy construction. The weight of any individual container and contents shall not exceed seventy-five (75) pounds. Disposable solid waste containers may also be used for storage of residential solid waste. However, the risk of such containers being burst, ruptured, torn or otherwise is borne by the person using such as a solid waste container.
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. Commercial establishments shall use dumpsters when solid waste produced at the establishment exceeds the volume limits on pick-ups established for residential locations.
E. 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.
F. Solid waste containers which do not meet the specifications as outlined in this section will not be collected.
The city shall provide for the collection of solid waste as follows:
A. The city shall provide for the collection of residential and commercial non- dumpster solid waste in the city, provided, however, that the city may provide the collection service by contracting with a person, county, or other city or a combination thereof, for the entire city or portions thereof, as deemed by the board of aldermen to be in the best interests of the city.
B. The city may provide for the collection of commercial solid waste from commercial establishments by contracting with a person, county or other city or combination thereof for the entire city or portions thereof as deemed by the board of aldermen to be in the interest of the city. Collection of commercial solid waste from such
commercial establishments as produce amounts of solid waste that require dumpster service shall be billed directly for said services by the person collecting, transporting and disposing of said solid waste.
C. The city may provide for the collection of bulky rubbish in the city provided however, that the city may provide the collection service by contracting with a person, county or other city or a combination thereof for the entire city or portions thereof as deemed by the board of aldermen to be in the best interest of the city.
D. The city may provide for the collection of recyclable materials.
E. The city may not collect solid wastes prohibited by Section 14 of this ordinance.
A. 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 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 by the director, and agreement by the contractor.
B. 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 designated pickup location to the transportation vehicle provided the solid waste was stored in compliance with the provisions set forth in this ordinance.
A. The city may provide by contract for the collection of solid waste within the city, the removal therefrom and disposal thereof on whatever basis is deemed reasonable and advisable by the board of aldermen. The contract or contracts may provide the following:
(1) That the collection service be made at certain locations on the property of a single-family unit.
(2) The rate to be charged for such service.
(3) That the city perform the billing and collection for such services.
(4) Payment to be made by the city to the collector for such services, or directly to the contractor.
(5) Service may be restricted to certain numbers of containers.
(6) Special pickup services or commercial services.
(7) May use whatever basis is reasonable and proper for the carrying out and performance of the objectives of this article.
B. All contracts for collecting, removing and disposing of solid waste under the provisions of this ordinance shall be let to the lowest and best responsible bidder, the right being reserved to reject any and all bids. If no bids are received or all are rejected, the city council may negotiate with and enter into a contract with any contractor without providing for further bidding.
C. Upon the award being made, the successful bidder, shall within ten (10) days, file with the city clerk a contract duly executed by him for the doing of the work, and within ten (10) days shall likewise file with the city clerk a bond in the amount often thousand dollars ($10,000.00) with securities to be approved by the mayor, conditioned on said contract and that the successful bidder will comply with all of the laws, ordinances, rulings and orders of the United States, the State of Missouri, the Counties of Linn and Sullivan, and for the City of Browning and that he will make payment to all persons whom he may become indebted to by reason of this contract, and that he will pay all damages to the city that may arise from injury to person or property as the result of any negligence on his part in the doing of the work.
Section 10: Information required from bidders and contractors
A. Equipment. Each bidder shall, when requested, submit to the city a written statement showing in detail the kind, character and nature of the equipment, a statement of his financial condition and such other information requested as will bear upon his ability to perform and comply with his contract during its entire term.
B. Disclosure required. At any time during the term of the contract, or any
renewal or extension thereof, the contractor shall, when requested, submit to the city a
written statement showing the entire operations of the business under the contract and a
financial and profit-and-loss statement on such business operations.
Section 11: Duties and responsibilities of collection contractor
A. Furnishing of necessary vehicles. The collection contract shall provide that the contractor shall furnish the necessary vehicles and trucks and equipment, which shall
be of the type disclosed under provisions of section 10 for collection, removal and disposal of solid waste.
B. Furnish necessary labor and collection. The contract shall provide that the contractor shall furnish the necessary labor, and make collections as often as may be designated by the city and stated in the published notice for bids, and the collections shall be made from such other places designated according to this article.
C. Dumping of garbage. rubbish on streets prohibited. The contractor shall not permit garbage or rubbish to be placed or scattered upon a public or private street, alley, drive or public place.
D. Collection of garbage and rubbish generated by the city. The contractor shall collect all garbage, rubbish and solid waste in solid waste containers at the city park, ball park and fire station, as well as the public trash cans located on main street all at no cost to the to the city.
E. Prompt removal of garbage. rubbish to approved sanitary landfill. The collection contract shall provide that all garbage and rubbish collected within the city shall be immediately removed by the contractor and disposed of by sanitary landfill or other facility as approved by the director under the supervision of the State Department of Health. The location of landfill area and method of landfill operation shall be subject to the approval of the board of aldermen.
F. Insurance requirements. The collection contract shall provide that the contractor will obtain and keep in force during the life of the contract, and any renewal or extension thereof, workmen's compensation insurance and a public liability insurance policy on each vehicle used in the collection of garbage and rubbish, indemnifying both the contractor and the city from damage suits, in some insurance company approved by the city for one hundred thousand dollars ($100,000.00) per person/one million dollars ($1,000,000.00) per occurrence for personal injury and one hundred thousand ($100,000.00) property damage, the premiums therefor to be paid by the contractor.
G. City council to provide other provisions. In addition to the stipulations enumerated herein, the collection contract shall contain such other provisions, not inconsistent with this article, as shall in the judgment of the board of aldermen, best protect the city and its citizens.
Section 12: Director to supervise collection
It shall be the duty of the director to supervise the collection, removal and disposal of all garbage and rubbish in the city whether such work is done by the city or by a collector or contractor. If the work is done under contract, the city clerk shall see that the contracts
are properly and efficiently carried out, and that adequate liability insurance is carried, and that all other requirements of this article are complied with.
Section 13: Transportation of solid waste
A. 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 therefrom. All vehicles to be used for transportation of solid waste shall be constructed with watertight bodies and with covers which shall be integral part of the vehicle or shall be 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. Demolition and construction wastes shall be transported to a disposal area as provided in section 14. A permit shall not be required for the hauling of demolition and construction waste; 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.
Section 14: Disposal of solid wastes
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, Sections 260.200 to 260.245, RSMo, and the rules and regulations adopted thereunder.
B. Hazardous wastes will require special handling and shall be disposed of only in a manner authorized by State regulations. The city shall bear no responsibility or expense for the storage, collection, transportation or disposal of hazardous wastes.
C. Major appliances, waste oil and lead acid batteries may only be disposed of in accordance with the Missouri Revised Statutes. The city shall bear no responsibility or expense for the storage, collection, transportation or disposal of major appliances, waste oil and lead acid batteries.
D. Waste tires may only be disposed of in accordance with the Missouri Revised Statutes. The city shall bear no responsibility or expense for the storage, collection, transportation or disposal of waste tires.
E. Infectious waste may only be disposed of in accordance with the Missouri Revised Statutes. The city shall bear no responsibility or expense for the storage, collection, transportation or disposal of infectious wastes.