For the purposes of this Chapter, the following words and terms shall have the meanings respectively ascribed to them by this Section:
Commercial refuse customer – Means any commercial, industrial or institutional establishment or group of establishments together with its/their owner(s) and/or occupants or officer(s), and housing facilities containing more than two adjoining dwelling units (duplexes).
City – Means the City of Rolla as a governmental entity.
Collection Service – Means to travel from location to location gathering loose or containerized solid waste materials.
Commercial hauler – Means any person who, except as an agent of the City, collects and disposes of solid waste and receives money or other considerations for said service.
Director – Means the Director of the City of Rolla Environmental Services Department. (Ord. 3892 §1)
Dwelling unit – Means any room or group of rooms located within a structure which form(s) a single habitable unit with facilities for living, sleeping, cooking and hygiene.
Garbage – Means all animal and vegetable wastes subject to decay resulting from the handling, preparation, cooking and consumption of food.
Hazardous waste – Means any waste or combination of wastes, which, because of 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 illnesses, or pose a present or potential threat to humans and/or the environment.
Infectious waste – Means waste that is capable of producing an infectious disease because it contains pathogens of sufficient virulence and quantity so that exposure to the waste by a susceptible human host could result in an infectious disease. These wastes include blood and blood products, sharps and other items contaminated with blood, discarded biological products, human and animal bi-products, etc.
Major appliances – Means clothes washers and dryers, water heaters, trash compactors, dishwashers, conventional ovens, ranges, stoves, woodstoves, air conditioners, dehumidifiers, refrigerators and freezers, and any other appliances as regulated by the State of Missouri due to their hazardous components (i.e. Freon, mercury switches, PCB/s).
Municipal waste – Means household wastes and commercial, agricultural, governmental, industrial and institutional wastes which have chemical and physical characteristics similar to household wastes.
Occupant – Means any person who singly or jointly or severally with others shall be in actual possession of any dwelling unit either as owner or tenant.
Recyclable materials – Means those materials which can be diverted, removed, or recovered from the waste stream to be used, reused, sold or recycled whether or not they require subsequent separation and processing. Recyclable materials include but are not limited to paper, paper products, cardboard, plastics, bottles, cans, glass, metals, etc.
Recycling – Means the separation and reuse or remanufacture of recyclable materials which might otherwise be disposed of by landfilling.
Refuse – Means both garbage and solid waste as defined in this Section.
Regulated waste – Means any waste material requiring special handling and/or disposal as specified by law. Regulated waste includes, but is not limited to lead-acid batteries, yard waste, tires, major appliances, used oil, asbestos, contaminated soil, etc.
Residential refuse customer – Means the occupant and/or owner of any detached single-family dwelling unit, up to and including duplexes.
Rummage – To rummage means "to physically exam and/or search through."
Scavenge – Scavenging, or to scavenge, means "to rummage or search through a refuse or recycling container for purposes of removal of items."
Solid waste – Means municipal wastes, garbage, refuse, and other discarded materials including, but not limited to, solid and semi-solid waste materials resulting from residential, commercial, institutional, industrial, and governmental activities.
Yard waste – Means organic debris (e.g. grass clippings, leaves, tree limbs, bark, branches, flowers, etc.) which is produced as part of yard and garden development and maintenance. The definition of yard waste shall include Christmas trees that do not contain ornaments, tensile, or flocculent. (Ord. 3768, §1; Ord. 3892 §1; Ord. 4295, §1)
The City, through its duly authorized agents, shall have an exclusive right to provide collection services for the removal of refuse, solid waste, and unprocessed recyclable materials within the incorporated limits of the City of Rolla, MO and it shall be unlawful for any other person or entity to provide a collection service, for the removal of refuse, solid waste, and unprocessed recyclable materials in the City, except as may otherwise be provided in this section. No person or entity shall duplicate the collection services provided by the City unless authorized to do so. As used in this section, "unprocessed recyclable materials" means loose recyclable materials that have not been compressed, compacted, baled, bundled, crushed, granulated, or otherwise consolidated for transport to an end market. As used in this section "end market" means a manufacturer that will use the processed recyclables as feedstock or raw materials in the production of new goods. However, nothing contained herein shall prevent a person or entity that generates recyclable materials from transporting the recyclable materials they have generated to a business engaged in purchasing and processing recyclable materials.
The storage, collection, processing and disposal of solid waste will be managed in accordance with local and state laws and rules. All processing facilities and disposal areas utilized shall have appropriate local and state permits. (Ord. 3768, §1; Ord. 4295, §1)
The City shall, as a matter of public welfare, promote recycling as a preferred waste management alternative, make available collection services and drop-off facilities, and, as approved by the City Council, adopt such charges as will encourage refuse customers to recycle appropriate solid waste materials.
In addition to the City’s existing programs and services, persons or entities are encouraged to target recyclable materials or recycling services not being addressed by the City’s collection/drop-off services. Commercial customers with significant quantities are encouraged to recover materials for recycling. Not-for-profit entities are encouraged to utilize recycling opportunities for fund raising efforts.
Upon request by the City, any person, business, or entity providing recycling services within the City of Rolla, shall provide to the City, records of types and quantities of materials recycled. (Ord. 3768, §1; Ord. 4295, §1)
A person may be authorized to operate as a commercial solid waste hauler within the city upon obtaining such licenses as may be required by the city and a determination by the City Council that the public convenience and necessity are served by such authorization, and, that the service to be provided by the hauler applying for said authorization, cannot be provided by the City.
All vehicles used to collect and transport solid waste shall be maintained in a safe, clean and sanitary condition. The vehicles are to be of standard refuse packer body design with watertight and covered bodies. If a roll-off style truck is used, the roll-off container must be tarped when being transported carrying any contents. (Ord. 3768, §1; Ord. 4295, §1)
Any refuse customer may collect his own refuse from his own premises and remove that refuse to a landfill or transfer station approved by the state, provided that in so doing no nuisance is caused or maintained. (Ord. 3768, §1; Ord. 4295, §1)
It shall be unlawful for any refuse customer to:
Deposit refuse in any refuse container other than his/her own or that is assigned for his/her use by the City.
Accumulate or dispose of refuse in any manner or at any location which the City Council deems a nuisance to the public health or safety.
Fail to place their refuse container at the nearest street curb or street edge on the date of collection for collection purposes, except refuse customers who have provided the City with a written verification from a physician stating they are physically unable to place the refuse container at the street, in which case all refuse will be placed in securely tied plastic bags.
Place the refuse container at the curb or street edge more than twenty-four (24) hours in advance of the scheduled collection, or failure to remove the refuse container from the curb side or street edge to the front line of the house within twenty-four (24) hours of the day of collection. A violation will result in the property owner being notified of the requirement to remove the container from the street edge. Noncompliance within a 5-day time limit will result in the tenant being notified of the requirement via posting of the property and the property owner being notified via mail, and also can result in the issuance of a citation with a fine of $25 for the first offense, $50 for the second offense, and $75 for offenses thereafter. For purposes of enforcement, the property owner and the tenant of a property will be held jointly or severally liable.
Fail to place garbage in tied plastic bags prior to depositing such refuse in containers.
It shall be unlawful for any unauthorized person to rummage through or scavenge items from any refuse or recycling container owned serviced, or maintained by the City.
Place liquid waste (i.e. paint, waste oil, chemicals) in a refuse container or bags to be collected by the City.
Burn, paint, or otherwise deface any refuse or recycling container owned by the City.
Place bulk or loose refuse or waste items at the curb or street edge more than seventy-two (72) hours in advance of a pre-arranged collection or a scheduled annual citywide cleanup. (Ord. 4102)
Place hazardous, infectious or regulated waste in a refuse container that is not intended for such wastes and marked as such. Any infectious wastes generated from residential sources must be placed in a rigid leak-proof, puncture resistant container with a tight fitting lid. Infectious wastes generated from commercial sources cannot be discarded into the municipal solid waste stream unless processed and sterilized to specifications required by law. (Ord. 3768, §1; Ord. 4295, §1)
The city may enforce collection of such service charge as may be established in this Chapter by bringing legal action against any refuse customer to recover any sums due for services plus the cost of such action. Customers that are sixty or more days behind in paying for service shall have their refuse container(s) repossessed until such time that payment is made and the account is in good standing, and a $20.00 re-delivery fee will be charged before service is reinstated. (Ord. 3768, §1; Ord. 4295, §1)
It shall be the duty of all customers to comply with the following procedures pertaining to yard waste:
All yard waste shall be separated by the owner or occupant from all other garbage and refuse accumulated on the premises and shall be composted on the premises or placed in paper biodegradable bags and set out for collection by the City.
All yard waste shall be collected from residential, commercial, industrial and institutional premises at least once each week.
Yard waste must be placed at the curb on the customers’ regular pick up day in a paper biodegradable bag.
The number of paper biodegradable bags containing yard waste which citizens may place out for collection shall be unlimited.
Persons choosing not to compost yard waste on their own property may place yard waste in paper biodegradable bags.
Nothing in this Chapter is intended to prevent an owner from transporting yard wastes accumulating on premises of the owner, provided such yard waste is disposed of at city-approved composting station or neighborhood collection sites in accordance with policies established by the City. (Ord. 3768, §1; Ord. 4295, §1)
The City shall provide residential customers with special collections as requested, for which the City shall be entitled to assess a reasonable charge as determined by the Director. Special collection fees are as follows: tires - $5.00 each (with a $10.00 minimum charge); limbs and brush – minimum charge $20.00 for the first 15 minutes of loading time plus $1.00 per minute charge thereafter; major appliances - $20.00 each; household waste and items too large to discard in the refuse container - $25.00 for each cubic yard; special collection fees shall be paid in advance of the collection service being requested. Paper shredding - $25.00 per man hour charged on a quarter-hour basis with a $10.00 minimum charge. Paper to be shredded shall be delivered to the shredding facility. (Ord. 4170, §1)
For those occasions when a resident has a bulk item or items to dispose of, the City may sell stickers to be affixed to each bulk item for collection on the resident’s regularly scheduled collection day. The rate to be charged shall be $5.00 per sticker. Items that can be lifted by one person will require one sticker; items requiring lifting by two persons will require two stickers. Stickers should be affixed to each item in such a manner as to be easily seen by collection crews. Regulated items (i.e. appliances, tires, yard waste) will not be eligible for collection using stickers, but may be collected for a separate fee as specified in (a) above.
Annually, a pick-up of bulk waste items will be provided at no additional cost to residential customers. Certain items, including regulated items, will be exempted from this pick-up as determined by the Director. (Ord. 3768, §1; Ord. 4069; Ord. 4102; Ord. 4295, §1)
It shall be the duty of every residential refuse customer to comply with the following provisions pertaining to the storage of refuse:
All refuse shall be placed at the designated collection point, normally the curb or street edge in front of the residence, in containers provided by the City, in accordance with the provisions of Section 18-7. Refuse other than bulk waste items too large for the roll-out container must be placed out for regular collection in the container(s) provided by the City. All loose and/or offensive (putrescible) refuse shall be placed in tied plastic bags prior to being placed in the collection container.
Refuse containers shall be kept tightly closed and maintained in a clean, neat and sanitary condition at all times. The periodic cleaning and sanitizing of the refuse container shall be the responsibility of each residential customer. (Ord. 3768, §1; Ord. 4295, §1)
Each residential refuse customer shall pay to the City a service charge of $11.50 per month for the weekly collection of the contents of each 35 gallon container, all acceptable yard wastes in biodegradable bags, and all specified recyclables. Each residential refuse customer shall pay to the City a service charge of $14.00 per month for the weekly collection of the contents of each 90 gallon container, all acceptable yard wastes in biodegradable bags, and all specified recyclables. (Ord. 4170, §2; Ord. 4295, §1)
The service charges established in Section 18-16 herein shall be included and itemized on municipal utilities electric and/or water service bills and payment of such charges shall be made at the same time and in the same manner as electric and/or water bills are paid.
However, should any residential refuse customer receive neither municipal electric or water service, then the City shall prepare and mail special service charge bills to such customers. (Ord. 3768, §1; Ord. 4295, §1)
Residential customers may be exempt from the monthly charge if the dwelling is unoccupied for a minimum of one (1) month and giving prior notification to the City’s Environmental Services Director. (Ord. 3768, §1; Ord. 3892, §3; Ord. 4295, §1)
The City shall provide commercial customers with special collections as requested, for which the City shall be entitled to assess a reasonable charge as determined by the Director. Special collection fees are as follows: tires - $5.00 each (with a $10.00 minimum charge); limbs and brush – minimum charge $20.00 for the first 15 minutes of loading time plus a $1.00 per minute charge thereafter; major appliances - $20.00 each; special household waste, including transfer station fees and involving items too large to discard in a refuse container - $25.00 for each cubic yard; paper shredding - $25.00 per hour charged on a quarter-hour basis with a $10.00 minimum charge, paper to be delivered to the shredding facility, (paper will not be picked up for shredding). (Ord. 4170, §3; Ord. 4295, §1)
It shall be the duty of every commercial refuse customer to comply with the same provisions pertaining to the storage of refuse as set for residential customers in Section 18-15 herein.
It shall be the duty of every commercial refuse customer to provide adequate and appropriate space to accommodate the refuse container(s) necessary to accommodate the solid waste generated by each business. The space provided must be easily accessible and on a hard surface approved by the Environmental Services Director. (Ord. 3768, §1)
Any new development or re-development that will result in a commercial refuse customers as defined in Section 18-1 herein must provide plans for refuse container storage and access for collection. Such plans must be approved by the Environment Services Department prior to issuance of a construction permit. Any altering of the approved plans without prior approval from the Environmental Services Department can result in interruption in, and/or loss of, refuse service. Space requirements for various size containers are determined by the Environmental Services Department. The Department has issued standard guidelines for the size and spacing for acceptable solid waste pickup areas. This information can be found on the City’s website or is available by contacting the office of the Environmental Services Department. (Ord. 4295, §1)
Each commercial refuse customer shall pay to the city a service charge for collection as follows:
a. Each commercial refuse customer shall subscribe to one of the following service levels and pay monthly to the City the following service charge (s) for the corresponding container and frequency of service.
|One (1) cubic yard container|
|1 service per week||$ 42.40/month|
|2 services per week||$ 84.80/month|
|3 services per week||$127.20/month|
|4 services per week||$169.60/month|
|5 services per week||$212.00/month|
There will be a $25.00 charge for any additional service request.
|Two (2) cubic yard container|
|1 service per week||$ 66.50/month|
|2 services per week||$133.00/month|
|3 services per week||$199.50/month|
|4 services per week||$266.00/month|
|5 services per week||$332.50/month|
There will be a $30.00 charge for any additional service request.
|Four (4) cubic yard container|
|1 service per week||$112.40/month|
|2 services per week||$224.80/month|
|3 services per week||$337.20/month|
|4 services per week||$449.60/month|
|5 services per week||$562.00/month|
There will be a $40.00 charge for any additional service request.
|Six (6) cubic yard container|
|1 service per week||$159.40/month|
|2 services per week||$318.80/month|
|3 services per week||$478.20/month|
|4 services per week||$637.60/month|
|5 services per week||$797.00/month|
There will be a $50.00 charge for any additional service request.
The initial container requested will be delivered at no extra charge. However, there will be a $25.00 fee for changing container sizes after the initial delivery.
The service charges established in Section 18-25 herein shall be included and itemized on municipal utilities electric and/or water service bills and payment of such charges shall be made at the same time and in the same manner as electric and/or water bills are paid. However, should any commercial refuse customer receive neither municipal electric or water service, then the City shall prepare and mail special service charge bills to such customers. (Ord. 3768, §1; Ord. 4295, §1)
Should any solid waste and/or refuse customer desire an exemption from any of the provisions of this Chapter, he shall make his request known to the Director of Environmental Services. Such committee shall have the authority to uphold, modify, or suspend any of the provisions of this Chapter, provided that in so doing no nuisance to the public health, safety, or welfare is caused or maintained. The Council shall annually reappoint three of its members, representing the widest coverage of the City possible, to review such request or to hear said appeal. (Ord. 3768, §1; Ord. 3892, §4; Ord. 4295, §1)
When used in this section, "emergency action" shall mean all exigent activities conducted in order to prevent or mitigate harm to the public health and safety or the environment from a release or threatened release of any material into or upon land, water or air.
When used in this section, "governmental entity" shall include the City of Rolla, and any entity responding under a mutual aid agreement with the City of Rolla.
When used in this section, "person" shall include any individual, corporation, association, partnership, firm, trustee, legal representative, or any combination thereof.
When used in this section, "recoverable expenses" shall include the full costs of the responding governmental entity that are reasonable, necessary and allocable to an emergency action. Recoverable expenses shall not include expenditures that are incurred in the course of providing routine firefighting protection. Expenses allowable for recovery may include, but are not limited to:
Disposable materials and supplies consumed and expended specifically for the purpose of the emergency action.
Compensation of employees for the time and efforts devoted specifically to the emergency action.
Rental or leasing of equipment used specifically for the emergency action (e.g., protective equipment or clothing, scientific and technical equipment).
Replacement costs for equipment owned by the governmental entity that is contaminated beyond reuse or repair, if the equipment was a total loss and the loss occurred during the emergency action (e.g., self-contained breathing apparatus irretrievably contaminated during the response).
Decontamination of equipment contaminated during the response.
Special technical services specifically required for the response (e.g., costs associated with the time and efforts of technical experts or specialists not otherwise provided for by the governmental entities).
Other special services specifically required for the emergency action.
Laboratory costs of analyzing samples taken during the emergency action.
Any costs of cleanup, storage, or disposal of the released material.
Costs associated with the services, supplies and equipment procured for a specific evacuation of persons or property.
Medical expenses incurred as a result of response activities.
Legal expenses and administrative costs that may be incurred as a result of the emergency action, including efforts to recover expenses pursuant to this Chapter.
When used in this section, "release" shall mean any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into or upon land, water or air, of any material which the city determines may be harmful to the public health and welfare or the environment.
When used in this section, "threatened release" shall mean any imminent or impending event potentially causing but not resulting in a release, but causing the governmental entities to undertake an emergency action.
Any person causing or responsible for a release or threatened release resulting in an emergency action shall be strictly liable to the governmental entity for the recoverable expenses resulting from the emergency action. There shall be a rebuttable presumption that any person owning or controlling property causing a release or threatened release is responsible for such release or threatened release.
The city administrator of the City of Rolla shall keep an itemized record of its recoverable expenses resulting from the emergency action. Promptly after completion of the emergency action, he shall certify those expenses to the city clerk.
The city clerk shall submit a written, itemized claim for the total certified expenses incurred by the City of Rolla for the emergency action to the responsible party and a written notice that, unless the amounts are paid in full to the City of Rolla within 30 days after the date of the mailing of the claim and notice, the city counselor of the City of Rolla will file a civil action for the stated amount.
The city clerk may cause a lien in the amount of the recoverable expenses to be placed on any real property located within the boundaries of the City of Rolla owned by the person causing or responsible for the emergency action.
Nothing in this Chapter shall be construed to conflict with the state or federal laws requiring persons causing or responsible for releases or threatened releases from engaging in remediation activates and/or paying the costs thereof.
In the event a release occurs, the person causing or responsible for such release shall immediately notify the city clerk and request emergency action. Failure of any person to report any release shall be an ordinance violation and upon conviction thereof shall be punished by a fine of not more than $500.00 or by imprisonment of not more than six months or by both such fine and imprisonment. (Ord. 3768, §1; Ord. 4295, §1)