Solid wastes, how handled--duties of cities andcounties--exemptions--charges, how stated, how collected.
260.215. 1. Except as provided in subsection 4 of thissection, each city and each county or a combination of cities andcounties shall provide individually or collectively for thecollection and disposal of solid wastes for those areas withinits boundaries that are to be served by the solid wastemanagement system; shall be responsible for implementing theirapproved plan required by section 260.220 as it relates to thestorage, collection, transportation, processing, and disposal oftheir solid wastes; and may purchase all necessary equipment,acquire all necessary land, build any necessary buildings,incinerators, transfer stations, or other structures, lease orotherwise acquire the right to use land or equipment. Each cityand county may levy and collect charges for the necessary cost ofproviding such services, and may levy an annual tax not to exceedten cents on the one hundred dollars assessed valuation, asauthorized by article X, section 11(c), of the constitution forpublic health purposes to implement a plan for solid wastemanagement, and to do all other things necessary to provide for aproper and effective solid waste management system; except that,the county may not levy a service charge or annual tax upon theinhabitants of any incorporated city, town or village that has anapproved plan for solid waste management, unless the city, townor village contracts with the county for solid waste managementand consents to the county service charge or tax levy. The taxor service charge authorized by this section shall not be leviedif the tax or service charge is levied pursuant to some otherprovision of law, but if a tax is levied for the operation of asanitary landfill and such tax is less than the maximum amountauthorized by this section, a tax in an amount equal to thedifference between such tax and that authorized in this sectionmay 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 whichshall be in conformity with the rules and regulations adopted bythe department for solid waste management systems. Nothing insections 260.200 to 260.245 shall usurp the legal right of a cityor county from adopting and enforcing local ordinances, rules,regulations, or standards for the storage, collection,transportation, processing, or disposal of solid wastes equal toor more stringent than the rules or regulations adopted by thedepartment pursuant to sections 260.200 to 260.245. Any countyor city which adopts orders or ordinances for the management ofsolid waste shall ensure that such orders or ordinances providefor safe and adequate management of solid waste pursuant to anapproved plan under section 260.220 and are not substantiallyinconsistent with the requirements of sections 260.200 and260.245 and the rules and regulations promulgated pursuantthereto.
3. (1) Cities or counties may contract as provided inchapter 70, RSMo, with any person, city, county, common sewerdistrict, political subdivision, state agency or authority inthis or other states to carry out their responsibilities for thestorage, collection, transportation, processing, or disposal ofsolid wastes.
(2) The board of trustees of any common sewer districtincorporated pursuant to sections 204.250 to 204.470, RSMo, maypetition the circuit court of the judicial circuit in which islocated the county containing the largest portion of the landarea in the district to amend the decree of incorporation topermit the common sewer district to engage in the construction,operation and maintenance of a solid waste disposal facility toserve properties within the common sewer district. The petitionshall be filed by the board of trustees and all proceedings shallbe conducted in the same manner as in an action for the initialformation of a common sewer district pursuant to sections 204.250to 204.470, RSMo, except that no vote of the residents of thedistrict shall be required. The construction, operation andmaintenance of a solid waste disposal facility by a common sewerdistrict shall comply with the provisions of sections 204.250 to204.470, RSMo, in the same manner as they shall comply to likefunctions relating to sewer facilities, and comply with theprovisions of this chapter relating to solid waste disposal.
4. (1) Nothing contained in this section and section260.220 shall apply to any unincorporated area in all second,third and fourth class counties or any county of the first classwith a population of less than one hundred thousand in accordancewith the most recent decennial census or to any incorporated cityhaving a population of five hundred or less located in suchcounties; except that any exempted city, village or county may,after public hearing held on not less than twenty days' publicnotice by publishing a copy of the notice in some newspaperqualified to publish legal notices under chapter 493, RSMo, andhaving a general circulation within the city, village or countyonce each week for three consecutive weeks, elect through itsgoverning body to purchase equipment, acquire land, buildbuildings, 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 doall other things necessary to provide for a proper and effectivesolid waste management system, as provided in subsection 1 ofthis section, and may adopt ordinances, rules, regulations orstandards as provided in subsection 2 of this section, and maycontract as provided in subsection 3 of this section.
(2) No city or county shall be required itself to operateor contract for the operation of solid waste collection,transportation or disposal services, or to collect servicecharges therefor, except to the extent that the department findsafter public notice and public hearing, that privately owned andoperated services are not reasonably available on a voluntarybasis by contract or otherwise, or that the use of or failure touse such privately owned services has substantially endangeredthe public health or has resulted in a substantial publicnuisance. Upon such a finding by the department, such city orcounty shall itself operate or contract for the operation of suchsolid waste collection, transportation and disposal services asmay be reasonably necessary to remedy such danger to the publichealth or to abate such public nuisance, until such city orcounty, by its solid waste management plan, demonstrates that thestorage, collection, transportation, processing and disposal ofsolid wastes will by other means be carried out in a manner whichprotects the public health, prevents the creation of publicnuisances, and prevents the pollution of the land, air and waterof the state. Any person aggrieved by the finding of thedepartment, including any city or county or any privately ownedor operated service, may appeal as provided in chapter 536, RSMo.
5. Any city or county which establishes a service chargefor solid waste collection services shall state the servicecharge separately from any other charge of any kind. No city orcounty shall withhold, or authorize the withholding of, any otherutility service for failure to collect the separately statedservice charge.
6. Any city or county may contract with any municipalutility, investor owned utility, REA co-op, public water supplydistrict, county sewer district, or any other type of utility tocollect monthly service fees for the collection of solid waste.
(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.).
Solid wastes, how handled--duties of cities andcounties--exemptions--charges, how stated, how collected.
260.215. 1. Except as provided in subsection 4 of thissection, each city and each county or a combination of cities andcounties shall provide individually or collectively for thecollection and disposal of solid wastes for those areas withinits boundaries that are to be served by the solid wastemanagement system; shall be responsible for implementing theirapproved plan required by section 260.220 as it relates to thestorage, collection, transportation, processing, and disposal oftheir solid wastes; and may purchase all necessary equipment,acquire all necessary land, build any necessary buildings,incinerators, transfer stations, or other structures, lease orotherwise acquire the right to use land or equipment. Each cityand county may levy and collect charges for the necessary cost ofproviding such services, and may levy an annual tax not to exceedten cents on the one hundred dollars assessed valuation, asauthorized by article X, section 11(c), of the constitution forpublic health purposes to implement a plan for solid wastemanagement, and to do all other things necessary to provide for aproper and effective solid waste management system; except that,the county may not levy a service charge or annual tax upon theinhabitants of any incorporated city, town or village that has anapproved plan for solid waste management, unless the city, townor village contracts with the county for solid waste managementand consents to the county service charge or tax levy. The taxor service charge authorized by this section shall not be leviedif the tax or service charge is levied pursuant to some otherprovision of law, but if a tax is levied for the operation of asanitary landfill and such tax is less than the maximum amountauthorized by this section, a tax in an amount equal to thedifference between such tax and that authorized in this sectionmay 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 whichshall be in conformity with the rules and regulations adopted bythe department for solid waste management systems. Nothing insections 260.200 to 260.245 shall usurp the legal right of a cityor county from adopting and enforcing local ordinances, rules,regulations, or standards for the storage, collection,transportation, processing, or disposal of solid wastes equal toor more stringent than the rules or regulations adopted by thedepartment pursuant to sections 260.200 to 260.245. Any countyor city which adopts orders or ordinances for the management ofsolid waste shall ensure that such orders or ordinances providefor safe and adequate management of solid waste pursuant to anapproved plan under section 260.220 and are not substantiallyinconsistent with the requirements of sections 260.200 and260.245 and the rules and regulations promulgated pursuantthereto.
3. (1) Cities or counties may contract as provided inchapter 70, RSMo, with any person, city, county, common sewerdistrict, political subdivision, state agency or authority inthis or other states to carry out their responsibilities for thestorage, collection, transportation, processing, or disposal ofsolid wastes.
(2) The board of trustees of any common sewer districtincorporated pursuant to sections 204.250 to 204.470, RSMo, maypetition the circuit court of the judicial circuit in which islocated the county containing the largest portion of the landarea in the district to amend the decree of incorporation topermit the common sewer district to engage in the construction,operation and maintenance of a solid waste disposal facility toserve properties within the common sewer district. The petitionshall be filed by the board of trustees and all proceedings shallbe conducted in the same manner as in an action for the initialformation of a common sewer district pursuant to sections 204.250to 204.470, RSMo, except that no vote of the residents of thedistrict shall be required. The construction, operation andmaintenance of a solid waste disposal facility by a common sewerdistrict shall comply with the provisions of sections 204.250 to204.470, RSMo, in the same manner as they shall comply to likefunctions relating to sewer facilities, and comply with theprovisions of this chapter relating to solid waste disposal.
4. (1) Nothing contained in this section and section260.220 shall apply to any unincorporated area in all second,third and fourth class counties or any county of the first classwith a population of less than one hundred thousand in accordancewith the most recent decennial census or to any incorporated cityhaving a population of five hundred or less located in suchcounties; except that any exempted city, village or county may,after public hearing held on not less than twenty days' publicnotice by publishing a copy of the notice in some newspaperqualified to publish legal notices under chapter 493, RSMo, andhaving a general circulation within the city, village or countyonce each week for three consecutive weeks, elect through itsgoverning body to purchase equipment, acquire land, buildbuildings, 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 doall other things necessary to provide for a proper and effectivesolid waste management system, as provided in subsection 1 ofthis section, and may adopt ordinances, rules, regulations orstandards as provided in subsection 2 of this section, and maycontract as provided in subsection 3 of this section.
(2) No city or county shall be required itself to operateor contract for the operation of solid waste collection,transportation or disposal services, or to collect servicecharges therefor, except to the extent that the department findsafter public notice and public hearing, that privately owned andoperated services are not reasonably available on a voluntarybasis by contract or otherwise, or that the use of or failure touse such privately owned services has substantially endangeredthe public health or has resulted in a substantial publicnuisance. Upon such a finding by the department, such city orcounty shall itself operate or contract for the operation of suchsolid waste collection, transportation and disposal services asmay be reasonably necessary to remedy such danger to the publichealth or to abate such public nuisance, until such city orcounty, by its solid waste management plan, demonstrates that thestorage, collection, transportation, processing and disposal ofsolid wastes will by other means be carried out in a manner whichprotects the public health, prevents the creation of publicnuisances, and prevents the pollution of the land, air and waterof the state. Any person aggrieved by the finding of thedepartment, including any city or county or any privately ownedor operated service, may appeal as provided in chapter 536, RSMo.
5. Any city or county which establishes a service chargefor solid waste collection services shall state the servicecharge separately from any other charge of any kind. No city orcounty shall withhold, or authorize the withholding of, any otherutility service for failure to collect the separately statedservice charge.
6. Any city or county may contract with any municipalutility, investor owned utility, REA co-op, public water supplydistrict, county sewer district, or any other type of utility tocollect monthly service fees for the collection of solid waste.
(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.).
Solid wastes, how handled--duties of cities andcounties--exemptions--charges, how stated, how collected.
260.215. 1. Except as provided in subsection 4 of thissection, each city and each county or a combination of cities andcounties shall provide individually or collectively for thecollection and disposal of solid wastes for those areas withinits boundaries that are to be served by the solid wastemanagement system; shall be responsible for implementing theirapproved plan required by section 260.220 as it relates to thestorage, collection, transportation, processing, and disposal oftheir solid wastes; and may purchase all necessary equipment,acquire all necessary land, build any necessary buildings,incinerators, transfer stations, or other structures, lease orotherwise acquire the right to use land or equipment. Each cityand county may levy and collect charges for the necessary cost ofproviding such services, and may levy an annual tax not to exceedten cents on the one hundred dollars assessed valuation, asauthorized by article X, section 11(c), of the constitution forpublic health purposes to implement a plan for solid wastemanagement, and to do all other things necessary to provide for aproper and effective solid waste management system; except that,the county may not levy a service charge or annual tax upon theinhabitants of any incorporated city, town or village that has anapproved plan for solid waste management, unless the city, townor village contracts with the county for solid waste managementand consents to the county service charge or tax levy. The taxor service charge authorized by this section shall not be leviedif the tax or service charge is levied pursuant to some otherprovision of law, but if a tax is levied for the operation of asanitary landfill and such tax is less than the maximum amountauthorized by this section, a tax in an amount equal to thedifference between such tax and that authorized in this sectionmay 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 whichshall be in conformity with the rules and regulations adopted bythe department for solid waste management systems. Nothing insections 260.200 to 260.245 shall usurp the legal right of a cityor county from adopting and enforcing local ordinances, rules,regulations, or standards for the storage, collection,transportation, processing, or disposal of solid wastes equal toor more stringent than the rules or regulations adopted by thedepartment pursuant to sections 260.200 to 260.245. Any countyor city which adopts orders or ordinances for the management ofsolid waste shall ensure that such orders or ordinances providefor safe and adequate management of solid waste pursuant to anapproved plan under section 260.220 and are not substantiallyinconsistent with the requirements of sections 260.200 and260.245 and the rules and regulations promulgated pursuantthereto.
3. (1) Cities or counties may contract as provided inchapter 70, RSMo, with any person, city, county, common sewerdistrict, political subdivision, state agency or authority inthis or other states to carry out their responsibilities for thestorage, collection, transportation, processing, or disposal ofsolid wastes.
(2) The board of trustees of any common sewer districtincorporated pursuant to sections 204.250 to 204.470, RSMo, maypetition the circuit court of the judicial circuit in which islocated the county containing the largest portion of the landarea in the district to amend the decree of incorporation topermit the common sewer district to engage in the construction,operation and maintenance of a solid waste disposal facility toserve properties within the common sewer district. The petitionshall be filed by the board of trustees and all proceedings shallbe conducted in the same manner as in an action for the initialformation of a common sewer district pursuant to sections 204.250to 204.470, RSMo, except that no vote of the residents of thedistrict shall be required. The construction, operation andmaintenance of a solid waste disposal facility by a common sewerdistrict shall comply with the provisions of sections 204.250 to204.470, RSMo, in the same manner as they shall comply to likefunctions relating to sewer facilities, and comply with theprovisions of this chapter relating to solid waste disposal.
4. (1) Nothing contained in this section and section260.220 shall apply to any unincorporated area in all second,third and fourth class counties or any county of the first classwith a population of less than one hundred thousand in accordancewith the most recent decennial census or to any incorporated cityhaving a population of five hundred or less located in suchcounties; except that any exempted city, village or county may,after public hearing held on not less than twenty days' publicnotice by publishing a copy of the notice in some newspaperqualified to publish legal notices under chapter 493, RSMo, andhaving a general circulation within the city, village or countyonce each week for three consecutive weeks, elect through itsgoverning body to purchase equipment, acquire land, buildbuildings, 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 doall other things necessary to provide for a proper and effectivesolid waste management system, as provided in subsection 1 ofthis section, and may adopt ordinances, rules, regulations orstandards as provided in subsection 2 of this section, and maycontract as provided in subsection 3 of this section.
(2) No city or county shall be required itself to operateor contract for the operation of solid waste collection,transportation or disposal services, or to collect servicecharges therefor, except to the extent that the department findsafter public notice and public hearing, that privately owned andoperated services are not reasonably available on a voluntarybasis by contract or otherwise, or that the use of or failure touse such privately owned services has substantially endangeredthe public health or has resulted in a substantial publicnuisance. Upon such a finding by the department, such city orcounty shall itself operate or contract for the operation of suchsolid waste collection, transportation and disposal services asmay be reasonably necessary to remedy such danger to the publichealth or to abate such public nuisance, until such city orcounty, by its solid waste management plan, demonstrates that thestorage, collection, transportation, processing and disposal ofsolid wastes will by other means be carried out in a manner whichprotects the public health, prevents the creation of publicnuisances, and prevents the pollution of the land, air and waterof the state. Any person aggrieved by the finding of thedepartment, including any city or county or any privately ownedor operated service, may appeal as provided in chapter 536, RSMo.
5. Any city or county which establishes a service chargefor solid waste collection services shall state the servicecharge separately from any other charge of any kind. No city orcounty shall withhold, or authorize the withholding of, any otherutility service for failure to collect the separately statedservice charge.
6. Any city or county may contract with any municipalutility, investor owned utility, REA co-op, public water supplydistrict, county sewer district, or any other type of utility tocollect monthly service fees for the collection of solid waste.
(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.).
