CHAPTER 230:  DEFINITIONS

Article I.  General Provisions

§     230.010: Definitions

§     230.015:       Adoption Of St. Louis─Jefferson Solid Waste Management Plan §     230.020: Solid Waste Storage

§     230.030: Collection Of Solid Waste

§     230.040: Transportation Of Solid Waste

§     230.050: Disposal Of Solid Waste

§     230.060: Permits

§     230.070: Rules And Regulations

§     230.080: Prohibited Practices

§     230.090: Service Charges

§     230.100: Bonds

Article II.  Collection Services─Fees─Billing Procedures  

§     230.110: Definition

§     230.120: Fees Established

§     230.130: Owner To Be Responsible

§     230.140: Billing Procedures─Interest And Civil Penalties §     230.150: Prohibited Acts

§     230.160: Additional Remedy

SECTION 230.010: DEFINITIONS

For the purposes of this Article the following terms shall be deemed to have the meanings indicated below:

APPROVED INCINERATOR:  An 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 therefor.

CITY:  The City of Pasadena Hills, Missouri.

COLLECTION:  Removal of solid waste from its place of storage to the transportation vehicle.

DEMOLITION AND CONSTRUCTION WASTE:  Waste materials from the construction or destruction of residential, industrial or commercial structures.

DIRECTOR:  The Director of the Solid Waste Management Program of the City, or his/her authorized representative.

§ 230.010 Pasadena Hills City Code       § 230.010

DISPOSABLE SOLID WASTE CONTAINERS:  Disposable plastic or paper sacks with a capacity of twenty (20) to thirty-five (35) gallons specifically designed for storage of solid waste.

DWELLING UNIT:  Any room or group of rooms located within a structure, and forming a single habitable unit with facilities which are used, or are intended to be used, for living, sleeping, cooking and eating.

GARBAGE:  Putrescible animal or vegetable wastes resulting from the handling, preparation, cooking serving or consumption of food.

HAZARDOUS WASTES:  Any waste or combination of wastes, 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 the environment; including but not limited to:  explosive wastes.

MULTIPLE HOUSING FACILITIES:  A housing facility containing more than two (2) dwelling units under one (1) roof.

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.

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.

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.

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, discarded appliances, special wastes, industrial wastes, and demolition and construction wastes.

1.          Commercial Solid Waste:  Solid waste resulting from the operating of any commercial, industrial, institutional or agricultural establishment, and multiple housing facilities with more than two (2) dwelling units.

2.          Residential Solid Waste:  Solid waste resulting from the maintenance and operation of dwelling units, excluding multiple housing facilities with more than two (2) 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 system of storage, collection, transportation, processing and disposal.

§ 230.010   Solid Waste § 230.020

STORAGE:  Keeping, maintaining or storing solid waste from the time of its production until the time of its collection.

TRANSPORTATION:  The transporting of solid waste from the place of collection or processing to a solid waste processing facility or solid waste disposal area.

YARD WASTES:  Leaves, grass clippings, yard and garden vegetation and Christmas trees.  The term does not include stumps, roots or shrubs with intact root balls.  (Ord. No. 176 §1, 12-9-74)

SECTION 230.015: ADOPTION OF ST. LOUIS─JEFFERSON SOLID WASTE MANAGEMENT PLAN

The solid waste management plan as prepared by the St. Louis─Jefferson Solid Waste Management District is hereby adopted by reference and made a part of this Chapter as if set forth fully herein, as the Solid Waste Management Plan of the City of Pasadena Hills.  (Ord. No. 501 §4, 3-11-97)  

SECTION 230.020: SOLID WASTE STORAGE

A.    The occupant of every dwelling unit and of every institutional, commercial or business, industrial or agricultural establishment producing solid waste within the corporate limits of the City, shall provide sufficient and adequate containers for the storage of all solid waste except bulky rubbish and demolition and construction waste to serve such dwelling unit and/or establishment; and to maintain such solid waste containers at all times in good repair.

B.    The occupant of every dwelling unit and of every institutional, commercial, industrial, agricultural or business establishment shall place all solid waste to be collected in proper solid waste containers, except as otherwise provided herein, and shall maintain such solid waste containers and the area surrounding them in a clean, neat and sanitary condition at all times.

C.    Residential solid waste shall be stored in containers of not more than thirty-five (35) gallons nor less than twenty (20) gallons in nominal capacity.  Containers shall be leakproof, waterproof, and fitted with a fly-tight lid and shall be properly covered at all times except when depositing waste therein or removing the contents thereof.  The containers shall have handles, bails or other suitable lifting devices or features.  Containers shall be of a type originally manufactured for residential solid waste, with tapered sides for easy emptying.  They shall be of light weight and sturdy construction.  The weight of any individual container and contents shall not exceed seventy-five (75) pounds.  Galvanized metal containers, or rubber, fiberglass, or plastic containers which do not become brittle in cold weather, may be used.  Disposable solid waste containers with suitable frames or containers as approved by the Director may also be used for storage of residential solid waste.

D.     Commercial solid waste shall be stored in solid waste containers as approved by the Director.  The containers shall be waterproof, leakproof and shall be covered at all times except when depositing waste therein or removing the contents thereof; and shall meet all requirements as set forth by Section 230.070.

E.    Tree limbs less than four (4) inches in diameter and brush shall be securely tied in bundles not larger than forty-eight (48) inches long and eighteen (18) inches in diameter when not placed in storage containers.  The weight of any individual bundle shall not exceed seventy-five (75) pounds.

F.    Yard wastes shall be stored in containers so constructed and maintained as to prevent the dispersal of wastes placed therein upon the premises served, upon adjacent premises, or upon adjacent public rights-of-way.  The weight of any individual container and contents shall not exceed seventy-five (75) pounds.

§ 230.020 Pasadena Hills City Code       § 230.030

G.    Solid waste containers which are not approved will be collected together with their contents and disposed of.  

H.    Storage Of Wood.  It shall be unlawful for any person, firm, partnership or corporation to accumulate or to permit the accumulation on any premises or any open lot of any wood or lumber or similar materials unless the same shall be evenly piled and stacked on open racks that are elevated not less than twelve (12) inches above the ground and not less than eighteen (18) inches away from the dwelling or accessory structure as defined in Chapter 510 of this Code. 

(Ord. No. 176 §2, 12-9-74; Ord. No. 300, 8-8-83)  

SECTION 230.030: COLLECTION OF SOLID WASTE

A.    The City shall provide for the collection of all 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 to be in the best interests of the City.

B.    All solid waste from premises to which collection services are provided by the City shall be collected, except bulky rubbish as defined herein, provided however, that bulky rubbish will be collected if tied securely in bundles not exceeding reasonable limitations of weight and bulk to be fixed by regulations to be made and promulgated by the Director as hereinafter provided.  All solid waste collected shall, upon being loaded into transportation equipment, become the property of the collection agency.

C.    Tree limbs and yard wastes, as described in Section 230.020 (E) and (F) respectively, shall be placed only at the curb for collection in disposable containers of no greater than six (6) cubic feet in size.  No more than thirty (30) such disposal containers shall be placed at the curb from any dwelling unit in a  forty-two (42) hour period.  Solid waste containers as required by this Article for the storage of other residential solid waste shall be placed at the rear of the building for collection.  Any solid waste containers, tree limbs, yard wastes, or other solid waste permitted by this Article to be placed at the curb for collection shall not be so placed until the regularly scheduled collection day.

D.    Bulky rubbish shall be collected by request to the Director.  The Director shall establish the procedure for collecting bulky rubbish.

E.    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 Article.  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.

F.    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 twice weekly.  At least forty-two (42) hours shall intervene between collections.  All commercial solid waste shall be collected at least twice weekly, 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 preservation of the health and/or safety of the public.

G.    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

§ 230.030   Solid Waste § 230.060

be well drained; fully accessible to collection equipment, public health personnel and fire inspection personnel.

H.    Solid waste collectors, employed by the City or a solid waste collection agency operating under contract with the City shall be responsible for the collection of solid waste from the point of collection to the transportation vehicle provided the solid waste was stored in compliance with Section 230.020, Subsections (C,D,E and F) of this Article.  Any spillage or blowing litter caused as a result of the duties of the solid waste collector shall be collected and placed in the transportation vehicle by the solid waste collector.  (Ord. No. 176 §3, 12-9-74; Ord. No. 241 §1, 7-9-79)

SECTION 230.040: 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 water-tight bodies and with covers which shall be an integral part of the vehicle or shall be separate covers 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.    Permits shall not be required for the removal, hauling or disposal of earth and rock material from grading or excavating activities, however, all such material shall be conveyed in tight vehicles, trucks or receptacles, so constructed and maintained that none of the material being transported shall spill upon the public rights-of-way.  

C.     Transportation and disposal of demolition and construction wastes shall be in accordance with Sections 230.050 and 230.060.  (Ord. No. 176 §4, 12-9-74)

SECTION 230.050: DISPOSAL OF SOLID WASTE

A.    Solid wastes shall be deposited at a processing facility or disposal area approved by the City and complying with all requirements of the law.

B.    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.  (Ord. No. 176 §5, 12-9-74)

SECTION 230.060: PERMITS

A.    No person shall engage in the business of collecting, transporting, processing or disposing of solid waste within the corporate limits of the City, without first obtaining an annual permit therefor from the City; provided however, that this provision shall not be deemed to apply to employees of the holder of any such permit.

B.    No such permit shall be issued until and unless the applicant therefor, in addition to all other requirements set forth, shall file and maintain with the City evidence of a satisfactory public liability insurance policy, covering all operations of such applicant pertaining to such business and all vehicles to be operated in the conduct thereof, in the amount of not less than two hundred thousand dollars ($200,000.00) for each person injured or killed, and in the amount of not less than five

§ 230.060 Pasadena Hills City Code       § 230.060

hundred thousand dollars ($500,000.00) in the event of injury or death of two (2) or more persons in any single accident, and in the amount of not less than fifty thousand dollars ($50,000.00) for damage to property.  Such policy may be written to allow the first two hundred dollars ($200.00) in liability for damage to property to be deductible.  Should any such policy be cancelled, the Director shall be notified of such cancellation by the insurance carrier in writing not less than ten (10) days prior to the effective date of such cancellation, and provisions to that effect shall be incorporated in such policy, which shall also place upon the company writing such policy the duty to give such notice.

C.    Each applicant for any such permit shall state in his/her application therefor:  

1.     The nature of the permit desired, as to collect, transport, process, or dispose of solid waste or any combination thereof; 

2.     The characteristics of solid waste to be collected, transported, processed, or disposed; 

3.     The number of solid waste transportation vehicles to be operated thereunder; 

4.     The precise location or locations of solid waste processing or disposal facilities to be used; 

5.          Boundaries of the collection area; and 

6.     Such other information as required by the Director.

D.    If the application shows that the applicant will collect, transport, process or dispose of solid wastes without hazard to the public health or damage to the environment and in conformity with the laws of the State of Missouri and this Article, the Director shall issue the permit authorized by this Article.  The permit shall be issued for a period of one (1) year, and each applicant shall pay therefor a fee of twenty dollars ($20.00) for modifications to be made to the application regarding service, equipment, or mode of operation, so as to bring the application within the intent of this Article, and the Director shall notify the applicant in writing setting forth the modification to be made and the time in which it shall be done.

E.    If the applicant does not make the modifications pursuant to the notice in Subsection (D) within the time limit specified therein, or if the application does not clearly show that the collection, transportation, processing or disposal of solid wastes will create no public health hazard or be without harmful effects on the environment, the application shall be denied and the applicant notified by the Director, in writing, stating the reason for such denial.  Nothing in this Section shall prejudice the right of the applicant to reapply after the rejection of this application provided that all aspects of the reapplication comply with the provisions of this Article.

F.    The annual permit may be renewed simply upon payment of the fee or fees as designated herein if the business has not been modified.  If modifications have been made, the applicant shall reapply for a permit as set forth in Subsections (B) and (C) hereof.  No permits authorized by this Article shall be transferrable from person to person.

G.    In order to insure compliance with the laws of this State, this Article and the rules and regulations authorized herein, the Director is authorized to inspect all phases of solid waste management within the City of Pasadena Hills.  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 Article, 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

§ 230.060   Solid Waste § 230.070

notice for each 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.

H.    In all cases, when the corrective measures have not been taken within the time specified, the Director shall suspend or revoke the permit or permits involved in the violation, however, in those cases where an extension of time will permit correction and there is no public health hazard created by the delay, one (1) extension of time not to exceed the original time period may be given.

I.     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 the City in writing, setting forth in a concise statement the act being appealed and the grounds for its reversal.

J.     All motor vehicles operating under any permit required by this Article shall display the number or numbers on each side in colors which contrast with that of the vehicle, such numbers to be clearly legible and not less than two (2) inches high.  Each permit for processing or disposal facilities shall be prominently displayed at the facility.  (Ord. No. 176 §6, 12-9-74)

SECTION 230.070: RULES AND REGULATIONS

A.    The Director shall make, amend, revoke and enforce reasonable and necessary rules and regulations, governing, but not limited to:

1.          Preparation, drainage and wrapping of garbage deposited in solid waste containers.

2.          Specifications for solid waste containers, including the type, composition, equipment, size and shape thereof.

3.          Identification of solid waste containers and of the covers thereof, and of equipment thereto appertaining, if any.

4.          Weight limitations on the combined weight of solid waste containers and the contents thereof, and weight and size limitations on bundles of solid waste too large for solid waste containers.

5.          Storage of solid waste in solid waste containers.

6.          Sanitation, maintenance and replacement of solid waste containers.

7.          Schedules of and routes for collection and transportation of solid waste.

8.          Collection points of solid waste containers.

9.          Collection, transportation, processing and disposal of solid waste.

10.          Handling of special wastes such as toxic wastes, sludges, ashes, agriculture, construction, bulky items, tires, automobiles, oils, grasses, etc.

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.

§ 230.070 Pasadena Hills City Code       § 230.090

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.  (Ord. No. 176 §7, 12-9-74)

SECTION 230.080: PROHIBITED PRACTICES

It shall be unlawful for any person to:  

1.          Deposit solid waste in any solid waste container other than his/her own, without the written consent of the owner of such container and/or, with the intent of avoiding payment of the service charge hereinafter provided for solid waste collection and disposal;  

2.          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; 

3.     Burn solid waste unless an approved incinerator is provided or unless a variance has been obtained from the appropriate air pollution control agency; 

4.          Dispose of solid waste at any facility or location which is not approved by the City and other applicable agencies; 

5.          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.  (Ord. No. 176 §8, 12-9-74)

SECTION 230.090: SERVICE CHARGES

A.    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.  The service charge for collection of residential and commercial solid waste shall be established by the City Board of Aldermen.

B.    Services for commercial establishments not meeting any of the aforementioned descriptions will be considered individually by the Director.

C.    The service and 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 commenced upon renewed occupancy thereof.

D.    The system of services established by the provisions of this Article 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 occupancy 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.

E.    The service charge herein provided for is hereby imposed upon the owner of each occupied dwelling unit.  Service charges shall be payable to the department empowered to collect service charges imposed by the City.  (Ord. No. 176 §9, 12-9-74; Ord. No. 241 §2, 7-9-79)

§ 230.100   Solid Waste § 230.140

SECTION 230.100: BONDS

The contractor shall upon the execution of the contract furnish to the City a good and sufficient bond with one or more sureties in the sum of ten thousand dollars ($10,000.00) to be approved by the City, conditioned that the contractor will faithfully perform all of the terms and conditions of this contract and will not permit any nuisance to exist and will save the City harmless by reason of any suit, action or demand growing out of the collection, hauling and disposal by the contractor.  

(Ord. No. 176 §11, 12-9-74)

ARTICLE II.  COLLECTION SERVICES─FEES─BILLING PROCEDURES  

SECTION 230.110: DEFINITION

As used in this Article, the term "owner" shall mean each person having a fee interest in real estate.  The listing of any person on the records of the St. Louis County Recorder's Office, and/or the records of the St. Louis County Department of Revenue, and/or occupancy or property records of the City of Pasadena Hills as such an owner of property shall be prima facie evidence that such person is an "owner" of that property within the meaning of this Article.  

(Ord. No. 434 §1, 4-13-93)

SECTION 230.120: FEES ESTABLISHED

From and after October 1, 1992, there is hereby assessed a fee of forty-two dollars ($42.00) every three (3) months for solid waste collection and disposal service offered for a single-family residence and a fee of thirty-one dollars ($31.00) every three (3) months for solid waste collection and disposal service offered for each residential unit in a multiple unit  building.  (Ord. No. 434 §2, 4-13-93)

SECTION 230.130: OWNER TO BE RESPONSIBLE

It shall be the joint and several responsibility of each owner of residential property within the City of Pasadena Hills, Missouri, to pay for the solid waste collection and disposal service offered through the City.  (Ord. No. 434 §3, 4-13-93)

SECTION 230.140: BILLING PROCEDURES─INTEREST AND CIVIL PENALTIES  

A.    The City of Pasadena Hills will cause to be mailed to the owner of each residence, at his or her last known address, a bill for solid waste collection and disposal services.  The fees shall be due and payable within thirty (30) days of mailing.  In addition to any other penalties provided by law, if an owner fails to pay the fee assessed for service offered for such property within thirty (30) days of the date of mailing, a late payment fee of three dollars ($3.00) shall be assessed for each month during which the fee remains unpaid.

B.    In addition to any other penalties provided by law, the City may initiate and pursue an action in a court of competent jurisdiction to recover any unpaid fees, interest and penalties from any person liable therefore and, in addition, may recover the cost of such action, including reasonable attorney fees.

§ 230.140 Pasadena Hills City Code       § 230.160

C.    Any unpaid or delinquent fees, interest and/or penalties, whether or not reduced to judgment, shall constitute a lien against the property for which the fee was originally assessed until the same shall be fully satisfied.  The City Clerk is authorized to take all steps necessary to file and perfect such liens as may be required or directed by the Board of Aldermen from time to time.  

D.    In addition to any other penalties provided by law, if an owner fails to pay the fee assessed for service offered for such property, including any late payment fee subsequently imposed, within sixty (60) days of the date of mailing of the initial bill, said owner shall not be permitted to apply for, or obtain, any City dog license, pursuant to Chapter 205 of the Municipal Code; any City motor vehicle license, pursuant to Chapter 390 of the Municipal Code; any City certificate of occupancy, pursuant to Chapter 405 of the Municipal Code; any City building permit or license, pursuant to Chapter 500 of the Municipal Code; any City satellite dish permit, pursuant to Chapter 510 of the Municipal Code; or any City swimming pool permit, pursuant to Chapter 515 of the Municipal Code, until the fees provided herein shall have been paid in full.  (Ord. No. 434 §4, 4-13-93; Ord. No. 500 §1, 3-11-97)

SECTION 230.150: PROHIBITED ACTS

It shall be unlawful for any owner of any property for which the City of Pasadena Hills has offered solid waste collection, hauling or disposal services to fail to pay for such services.  

(Ord. No. 434 §5, 4-13-93)

SECTION 230.160: ADDITIONAL REMEDY

Prosecution or conviction of any person under this Article shall not interfere with or foreclose the availability of any other remedy or relief for the collection of any sums due to the City of Pasadena Hills for solid waste collection, hauling or disposal services which may be available under law or other Articles, said remedies being in addition to and not in lieu of prosecution or conviction for the offense described herein.  Similarly, the initiation or conclusion of any other remedy for the collection of any sums due to the City of Pasadena Hills shall not bar prosecution or conviction for violation of this Article.  (Ord. No. 434 §7, 4-13-93)