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Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT

Chapter 260

previous next Effective - 19 Jun 1992, see footnotebottom

  260.215.  Solid wastes, how handled — duties of cities and counties — exemptions — charges, how stated, how collected. — 1.  Except as provided in subsection 4 of this section, each city and each county or a combination of cities and counties shall provide individually or collectively for the collection and disposal of solid wastes for those areas within its boundaries that are to be served by the solid waste management system; shall be responsible for implementing their approved plan required by section 260.220 as it relates to the storage, collection, transportation, processing, and disposal of their solid wastes; and may purchase all necessary equipment, acquire all necessary land, build any necessary buildings, incinerators, transfer stations, or other structures, lease or otherwise acquire the right to use land or equipment.  Each city and county may levy and collect charges for the necessary cost of providing such services, and may levy an annual tax not to exceed ten cents on the one hundred dollars assessed valuation, as authorized by Article X, Section 11(c), of the Constitution for public health purposes to implement a plan for solid waste management, and to do all other things necessary to provide for a proper and effective solid waste management system; except that, the county may not levy a service charge or annual tax upon the inhabitants of any incorporated city, town or village that has an approved plan for solid waste management, unless the city, town or village contracts with the county for solid waste management and consents to the county service charge or tax levy.  The tax or service charge authorized by this section shall not be levied if the tax or service charge is levied pursuant to some other provision of law, but if a tax is levied for the operation of a sanitary landfill and such tax is less than the maximum amount authorized by this section, a tax in an amount equal to the difference between such tax and that authorized in this section may be levied and collected.

  2.  Any city or county may adopt ordinances or orders, rules, regulations, or standards for the storage, collection, transportation, processing or disposal of solid wastes which shall be in conformity with the rules and regulations adopted by the department for solid waste management systems.  Nothing in sections 260.200 to 260.245 shall usurp the legal right of a city or county from adopting and enforcing local ordinances, rules, regulations, or standards for the storage, collection, transportation, processing, or disposal of solid wastes equal to or more stringent than the rules or regulations adopted by the department pursuant to sections 260.200 to 260.245.  Any county or city which adopts orders or ordinances for the management of solid waste shall ensure that such orders or ordinances provide for safe and adequate management of solid waste pursuant to an approved plan under section 260.220 and are not substantially inconsistent with the requirements of sections 260.200 and 260.245 and the rules and regulations promulgated pursuant thereto.

  3.  (1)  Cities or counties may contract as provided in chapter 70 with any person, city, county, common sewer district, political subdivision, state agency or authority in this or other states to carry out their responsibilities for the storage, collection, transportation, processing, or disposal of solid wastes.

  (2)  The board of trustees of any common sewer district incorporated pursuant to sections 204.250 to 204.470 may petition the circuit court of the judicial circuit in which is located the county containing the largest portion of the land area in the district to amend the decree of incorporation to permit the common sewer district to engage in the construction, operation and maintenance of a solid waste disposal facility to serve properties within the common sewer district.  The petition shall be filed by the board of trustees and all proceedings shall be conducted in the same manner as in an action for the initial formation of a common sewer district pursuant to sections 204.250 to 204.470, except that no vote of the residents of the district shall be required.  The construction, operation and maintenance of a solid waste disposal facility by a common sewer district shall comply with the provisions of sections 204.250 to 204.470 in the same manner as they shall comply to like functions relating to sewer facilities, and comply with the provisions of this chapter relating to solid waste disposal.

  4.  (1)  Nothing contained in this section and section 260.220 shall apply to any unincorporated area in all second, third and fourth class counties or any county of the first class with a population of less than one hundred thousand in accordance with the most recent decennial census or to any incorporated city having a population of five hundred or less located in such counties; except that any exempted city, village or county may, after public hearing held on not less than twenty days' public notice by publishing a copy of the notice in some newspaper qualified to publish legal notices under chapter 493 and having a general circulation within the city, village or county once each week for three consecutive weeks, elect through its governing body to purchase equipment, acquire land, build buildings, incinerators, transfer stations or other structures, lease or otherwise acquire the right to use land or equipment, levy and collect charges for services, levy an annual tax, and do all other things necessary to provide for a proper and effective solid waste management system, as provided in subsection 1 of this section, and may adopt ordinances, rules, regulations or standards as provided in subsection 2 of this section, and may contract as provided in subsection 3 of this section.

  (2)  No city or county shall be required itself to operate or contract for the operation of solid waste collection, transportation or disposal services, or to collect service charges therefor, except to the extent that the department finds after public notice and public hearing, that privately owned and operated services are not reasonably available on a voluntary basis by contract or otherwise, or that the use of or failure to use such privately owned services has substantially endangered the public health or has resulted in a substantial public nuisance.  Upon such a finding by the department, such city or county shall itself operate or contract for the operation of such solid waste collection, transportation and disposal services as may be reasonably necessary to remedy such danger to the public health or to abate such public nuisance, until such city or county, by its solid waste management plan, demonstrates that the storage, collection, transportation, processing and disposal of solid wastes will by other means be carried out in a manner which protects the public health, prevents the creation of public nuisances, and prevents the pollution of the land, air and water of the state.  Any person aggrieved by the finding of the department, including any city or county or any privately owned or operated service, may appeal as provided in chapter 536.

  5.  Any city or county which establishes a service charge for solid waste collection services shall state the service charge separately from any other charge of any kind.  No city or county shall withhold, or authorize the withholding of, any other utility service for failure to collect the separately stated service charge.

  6.  Any city or county may contract with any municipal utility, investor owned utility, REA co-op, public water supply district, county sewer district, or any other type of utility to collect monthly service fees for the collection of solid waste.

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(L. 1972 S.B. 387 § 4, A.L. 1975 S.B. 98, A.L. 1986 S.B. 475, A.L. 1987 H.B. 384 Revision, A.L. 1988 H.B. 1207, A.L. 1992 H.B. 1732)

Effective 6-19-92

(1976) This section allows imposition of a "charge" in addition to a tax and a two dollar and forty-five cent charge made to persons not using the service is not a tax and does not require a vote.  Craig v. City of Macon (Mo.), 543 S.W.2d 772.

(2000) Section allows counties to regulate the location of solid waste facilities.  L.C. Development Company, Inc. v. Lincoln County, 26 S.W.3d 336 (Mo.App.E.D.).


---- end of effective   19 Jun 1992 ----

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