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HomeMy WebLinkAbout1997-008 Council OrdinancesCouncil Member Kuether introduced the following ordinance and moved its adoption: CITY OF LINO LAKES Ordinance No. 08-97 AN ORDINANCE REGULATING THE COLLECTION AND DISPOSAL OR REFUSE AND SOLID WASTE IN THE CITY OF LINO LAKES; ESTABLISHING AND PROVIDING FOR THE IMPOSITION AND COLLECTION OF FEES FOR COLLECTION SERVICES; OTHER MATERIALS; PROHIBITING UNAUTHORIZED COLLECTION AND FAILURE TO SEPARATE RECYCLABLE AND OTHER MATERIALS; AND PROVIDING PENALTIES FOR VIOLATION. The City Council of the City of Lino Lakes ordains that the Lino Lakes City Code is amended by adding a chapter to read as follows: SECTION 1. POLICY. SECTION 2. PURPOSE AND INTENT SECTION 3. DEFINITIONS SECTION 4. GENERAL REGULATIONS SECTION 5. DISPOSAL REQUIREMENT SECTION 6. REQUIRED SOLID WASTE COLLECTION SECTION 7. APPROVAL OF CONTRACTORS SECTION 8. CONTRACT FOR RESIDENTIAL REFUSE COLLECTION_ SECTION 9. DUTIES AND OBLIGATIONS OF THE LICENSED CONTRACTOR. SECTION 10. RATES AND CHARGES. SECTION 11. EXCLUSIVE USE. SECTION 12. SOLID WASTE COLLECTION SCHEDULE AND VACANCIES. SECTION 13. CONTAINERS. SECTION 14. UNLAWFUL DEPOSIT. SECTION 15. VIOLATION. SECTION 16. EFFECTIVE DATE. The motion for adoption of the foregoing ordinance was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Kuether, Lyden, Neal, Landers. The following voted against same: None, Council Member Bergeson was absent. Whereupon said resolution was duly passed and adopted. THIS ORDINANCE WAS INTRODUCED AND READ in full the 14, 1997 day of April, 1997 PASSED by the City of Lino Lakes this 28th day of April, 1997. A full and complete ordinance can be obtained by contacting Jackie Constant at 780- 3772 ext. 179. Council Member Kuether introduced the following ordinance and moved its adoption: CITY OF LINO LAKES Ordinance No. 08 - 97 AN ORDINANCE REGULATING THE COLLECTION AND DISPOSAL OR REFUSE AND SOLID WASTE IN THE CITY OF LINO LAKES; ESTABLISHING AND PROVIDING FOR A SOLID WASTE COLLECTOR; ESTABLISHING AND PROVIDING FOR THE IMPOSITION AND COLLECTION OF FEES FOR COLLECTION SERVICES; OTHER MATERIALS; PROHIBITING UNAUTHORIZED COLLECTION AND FAILURE TO SEPARATE RECYCLABLE AND OTHER MATERIALS; AND PROVIDING PENALTIES FOR VIOLATION. The City Council of the City of Lino Lakes ordains that the Lino Lakes City Code is amended by adding a chapter to read as follows: SECTION 1. POLICY. It is the policy of the City of Lino Lakes to provide the citizens of the city the most ecologically sound method of waste disposal possible at a reasonable cost. SECTION 2. PURPOSE AND INTENT. It is the purpose of this ordinance to provide the residents, businesses and commercial establishments of the City of Lino Lakes, the approved solid waste collector and local government officials with uniform mandatory rules for the collection of mixed municipal solid waste and the recycling of usable materials. It is the intent of the City to comply with and work within the framework of ordinances in effect, and as amended from time to time, in Anoka County, Minnesota, and the State of Minnesota, in the regulation of solid waste collection and the mandatory recycling of usable materials. SECTION 3. DEFINITIONS. For the purposes of this ordinance, the following definitions shall apply: a. Bulky Waste. A large appliance, piece of furniture or waste material from a source other than construction debris or hazardous waste with a weight or volume greater than appropriate or allowed for in waste containers. Bulky waste does not include tires, batteries, waste oil, or yard and garden material. b. Construction Debris. Waste building materials resulting from construction, remodeling, repair or demolition operations. c. City. Refers to the City of Lino Lakes, Minnesota and also to the appropriate employee or office of the municipality authorized to act as its agent in handling the pertinent matter of the ordinance. d. Source -separated compostable materials. "Source separated compostable materials" means mixed municipal solid waste that: (1) is separated at the source by waste generators for the purpose of preparing it for use as compost; (2) is collected separately from other mixed municipal solid wastes; (3) is comprised of food wastes, fish and animal waste, plant materials, diapers, sanitary products, and paper that is not recyclable because the director has determined that no other person is willing to accept the paper for recycling; and (4) is delivered to a facility to undergo controlled microbial degradation to yield a humus - like product meeting the agency's class I or class II, or equivalent, compost standards and where process residues do not exceed 15 percent by weight of the total material delivered to the facility. e. Contractor or Solid Waste Collector. The licensed individual, firm, partnership, joint venture, corporation, or association performing refuse collection and disposal under contract with the city. f. Hazardous Waste. Waste designated as hazardous by the United States Environmental Protection Agency or appropriate state agency. Categories of hazardous waste materials include, but are not limited to: explosives, flammables, oxidizers, poisons, irritants, and corrosives. Hazardous waste does not include source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended. g Recyclables. Recyclable materials including aluminum cans, brown paper sacks, glass bottles & jars, newspaper, plastic containers with neck, scrap aluminum, corrugated cardboard, telephone books, office paper, junk majl, and tin cans. Recyclables shall also include any other sppcifically defined items of property from time to time designated as such by resolution of the City Council. h. Mixed Municipal Solid Waste. "Mixed municipal solid waste" means garbage, refuse, and other solid waste from residential, commercial, industrial, and community activities that the generator of the waste aggregates for collection, except as provided in paragraph (b). (b) Mixed municipal solid waste does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural wastes, tires, lead acid batteries, motor and vehicle fluids and filters, and other materials collected, processed, and disposed of as separate waste streams, but does include source -separated compostable materials. i. Residence. Each separate household and/or each unit in an apartment building or mobile home park. Yard Waste. Organic plant materials collected from yards or gardens including leaves, grass clippings, vines and stalks. k. Residence or Residential. In this ordinance, residence or residential means dwellings or structures providing dwelling for two or less families or separate individuals, i.e., multiple residences of one or two dwellings OR any dwelling or structure providing dwelling for any number of families or individuals. 1. Multiple Residence. A dwelling or structure providing dwelling for three or more families when used in this ordinance, i.e., multiple residence of three or more dwellings. m. Residential Refuse. Mixed Municipal Solid Waste originating from residential property. n. Dwelling Unit. A separate dwelling place with a kitchen. o. Residential/Commercial. Any residence where a commercial or industrial enterprise, providing products or service, is carried on by the owner or occupant which involves the general public on the premises. For future reference. p. Solid Waste. "Solid Waste" means garbage, refuse, sludge from a water supply treatment plant or air contaminant treatment facility, and other discarded waste materials and sludges, in solid, semisolid, liquid, or contained gaseous form, resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include hazardous waste; animal waste used for fertilizer; earthen fill, boulders, rock; sewage sludge; solid or dissolved material in domestic sewage or other common pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents or discharges which are point sources subject to permits under section 402 of the federal Water Pollution Control Act, as amended, dissolved materials in irrigation return flows; or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954 as amended. q. Business Establishment or Commercial. Any premises where a commercial or industrial enterprise of any kind is carried on, and shall include clubs, churches and non-profit organizations and governmental agencies or where goods are sold or services performed. It shall mean any commercial or industrial enterprise, providing products or service, which is carried on by the owner or occupant which involves the general public on the premises. Multiple dwelling units of three or more dwelling units located in commercial districts in the Official Lino Lakes Zoning Map shall be classified as "business establishment" or "commercial" under this ordinance. Construction waste or demolition debris is "business establishment" or "commercial." Mobile Home Parks shall mean commercial in this ordinance. SECTION 4, GENERAL REGULATIONS. a. Any unauthorized accumulation of refuse is a nuisance and is prohibited. b. Refuse in Streets, etc. No person shall place any refuse in the street, alley or public place or upon private property, except in proper containers, for collection or other lawful disposal. No person shall throw or deposit refuse in any stream or other body of water. c. Scattering Refuse. No person shall deposit anywhere within the City any refuse in such manner that it may be carried or deposited by the elements upon any public place or any other premises within the City. d. Burying of Refuse. No person shall bury any refuse in the City, except in an approved sanitary landfill. This subdivision does not prevent anyone from composting. e. Composting of Refuse. Residents may compost leaves, grass clippings and other easily biodegradable garbage on their own premises. f. Burning of Refuse. No person shall burn any refuse in the City, except as allowed from time to time by duly adopted amendments suspending this ordinance. g Ashes. All cold ashes must be in burnable containers such as plastic bags, paper bags, etc. SECTION 5. DISPOSAL REQUIRED. Every owner or occupant of residential property shall, in a sanitary manner, store and dispose of refuse that may accumulate upon property owned or occupied by him in accordance with the terms of this ordinance and Lino Lakes, Minnesota Ordinance No. 901 or Lino Lakes Nuisance Ordinance No. 900. SECTION 6. REQUIRED SOLID WASTE COLLECTION. Pursuant to Minnesota Statutes 115A.941, every person who owns or occupies property within the City for business, commercial or residential purposes shall contract for collection service for mixed municipal solid waste, as defined herein, which may accumulate upon such property at least once a week, with a hauler licensed to do business in Anoka County and Lino Lakes. SECTION 7. APPROVAL OF CONTRACTORS Subdivision 1. Residential Solid Waste Collection License It shall be -unlawful for any person, firm, or corporation to collect solid waste in the City of Lino Lakes, Minnesota, without first entering into a written contract with the City Council of L., Lino Lakes, Minnesota. No more than one contractor or solid waste collector shall be permitted to do business within the city limits at any one time. Subdivision 1A.Commercial Solid Waste Collection License No person shall collect solid waste or recyclable from commercial establishments, multi -family dwellings or manufactured home parks in the City without first securing a commercial solid waste collection license from the City. The City Council, in the interest of maintaining healthful and sanitary conditions in the City, hereby reserves the right to limit the number of licenses initial issued to six (6), through attrition the number of licenses issued shall decrease to four (4). License Requirements: (A) The commercial license shall be valid for one (1) year and shall expire on May 31st of each year unless revoked sooner. The residential license shall be valid for one calender year and shall expire on December 31st of each year unless revoked sooner. (B) The license is non -transferable, unless approved by the City Council. The licensee shall not be entitled to a refund of any license fee upon revocation or voluntarily ceasing to carry on the license activity. (C) An applicant for a license shall make application to the City Clerk through forms and procedures prescribed by the City Clerk. The application for a license shall contain the following information: (1) The name, telephone number and current business address of the applicant. (2) A list of the place or places to which the residential solid waste and/or recyclable are to be hauled. (3) Information about the location and method of storage of collected recyclable materials, including evidence of compliance with all State, County and local laws and regulations. (D) An applicant must obtain all the insurance required by this Section. All costs and expenses are the responsibility of the applicant. All insurance coverage is subject to the approval by the City and shall be maintained by the licensee during the term of the license. No work under this license shall be commenced until the requirements of this section have been satisfied. The licensee shall obtain and maintain statutory Workers' Compensation insurance and Employer's Liability insurance as required under the laws of the State of Minnesota and shall hold the City free and harmless from all liability from any cause that may arise by reason of injuries to any employee of the licensee. In the event that the licensee is the sole proprietor and has not elected to provide Worker's Compensation Insurance, the licensee shall be required to execute and submit an affidavit of sole proprietorship in a form satisfactory to the City. The license applicant must present proof of insurance on each vehicle with an insurance company licensed to transact business in this state. The limits of the policy shall be one million dollars ($1,000,000.00) for bodily injuries to or death of one person, and three million dollars ($3,000,000.00) for any one accident resulting in injuries and/or death of more than one person, and a total of one million dollars ($1,000,000.00) liability for damages to property of others arising out of any accident. (E) An annual license fee shall be established by resolution of the City Council. (F) The City Council shall issue licenses only after receipt and review of all required forms,certificates, and fees. Upon review of the documents submitted, the City Council may issue a license if the documents comply with the provisions previously stated. An applicant denied a license by the City may have the decision reviewed by the City Council upon hearing. The applicant shall request review by the City Council in writing within ten (10) working days after denial of the license. The review will be scheduled for the first available council meeting but no later than 30 days from denial. SECTION 8. CONTRACT FOR RESIDENTIAL REFUSE COLLECTION. a. Subject to the provisions of this section, the council shall be granted the authority to enter into a contract to collect and dispose of all refuse originating from residential property within the City by negotiation, bid or otherwise. Commercial, business establishment and demolition hauling shall not be affected by this contract. b. Terms. The contract shall be made for a term as determined by city council in contract. c. Contract Collector No person shall collect solid waste from residential property within the city except the licensed contract collector. No person shall permit solid waste to be collected from his/her premises by any person other than a licensed contract collector. SECTION 9. DUTIES AND OBLIGATIONS OF THE LICENSED COLLECTOR. A licensed solid waste and/or recyclable collector must comply with the following operational requirements. Failure to observe these provisions may be basis for suspension or revocation of a license. (A) The licensee shall operate in a manner consistent with its application materials and shall provide notice to the City within ten (10) days of any change in the information, forms, or certificates filed as part of the license application process. (B) The licensee shall comply with all State, County, local laws and regulations. (C) No collection of solid waste, yard waste, and/or recyclable materials shall be made except between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday, Saturdays 9:00 a.m. and 4:00 p.m. with the exception of the following holidays falling on a weekday: Thanksgiving Day, Christmas Day, New Years Day, Memorial Day, July 4th, and Labor Day where the 7:00 a.m. to 6:00 p.m. hours would apply on Saturdays, with no collection on Sunday, except under extenuating circumstances including poor weather conditions or natural dis*sters. Customers shall be reasonably notified of the specific day for the collection of their garbage, refuse, and/or recyclable and the licensee shall collect the materials on those days. (D) The licensee shall offer residential customers at a minimum, a three tier rate - volume option, where the rate charged for garbage collection increases as the volume of garbage collected increases, with a minimum of three volume categories. (E) The licensee shall not impose a greater charge on residential customers who recycle more than those who do not recycle. (F) Each licensed solid waste, and/or recyclable collector shall only use vehicles and equipment so constructed that the contents will not leak or spill. The vehicles and equipment shall also be kept clean and as free from offensive odors as possible, and shall not stand in any street or public place longer than is reasonably necessary to collect garbage, refuse, yard waste and/or recyclable. The licensee shall also ensure that the immediate site is left tidy and free of liter. License Revocation The City Council may suspend or revoke the license of any hauling company whose conduct is found to be in violation of the provisions of this ordinance. Subd. 3 Mandatory Recycling for Solid Waste Haulers The licensed solid waste, and/or recyclable collector shall provide its residential and/or commercial customers with an opportunity to recycle through the weekly curbside collection of targeted recyclable. (A) The curbside collection of targeted recyclable shall be on the same day as the collection of the customer's solid waste, but may occur at a different time within that day. The targeted recyclable collection shall be from a location at or near the customer's solid waste collection site, or such other location mutually agreeable to the hauler and the customer. Commercial recyclable collection shall be from a location at or near the customer's solid waste collection site, or such other location mutually agreeable to the hauler and the customer. (B) The recyclable materials collected shall be designated as targeted recyclable by the City. The designation process is a follows: Each licensed solid waste, and/or Lid recyclable collector shall be given 60 days written notice of proposed additions to the list of targeted recyclable. The notice will specifically describe the materials proposed for addition, will describe how the addition might affect the duties and obligations of the licensee and will invite each licensee to one meeting to discuss the proposed additions. Notice shall be deemed by mail via general delivery, to the address provided on the most recent license application or renewal form. Nothing herein shall be construed to prevent a licensee from offering curbside collection for other recyclable materials, in addition to the targeted recyclable. (C) Adequate notification as to why recyclable material was not picked up must be left with any recyclable material (s) left at curbside. (D) The licensee is also deemed the owner of the recyclable upon collection, and the licensee may market them. (E) Each licensee shall submit a quarterly report to the City that identifies the weight in tons of recyclable and the volume in cubic yards of yard wastes that were collected by the licensee from City residences. Each commercial licensee shall submit a quarterly report to the City that identifies the type and weight in tons of recyclable that were collected by the licensee from City commercial establishments, multiple family dwellings and mobile home parks. Subd. 4 Indemnification The licensee shall hold the City harmless from all damages and claims of damages that may arise by reason of any negligence of the licensee or the licensee's agent or employee while engaged in the performance of the work and services covered by the license/contract requirements and shall indemnify the City against all claims, liens, expenses and claims for liens for work, tools, machinery, materials or insurance premiums or equipment or supplies and against all loss by reason of failure of the licensee in any respect to fully perform all obligations outlined in the duties and obligations of licensed residential solid waste collector. Subd. 5 Anti -Scavenging Provision It is unlawful for any person or business to scavenge, collect or otherwise remove garbage, refuse, recyclable, or yard waste that has been placed at the curb or in recycling containers, without a license f from the City and an account relationship with the owner, lessee, or occupant of the premises. SECTION 10. RATE AND CHARGES a. Billing. The service charge for each dwelling unit and business/commercial establishment shall be made to the owner or occupant by the licensed contractor. b. Certification of Payment. On September 30th of each year, if any residential service charge bill remains unpaid for a period longer than ninety (90) days, a statement of such delinquent and unpaid charges shall be mailed to the record owner of the premises and shall be certified by the City Clerk to the County Auditor between the 1st and 15th day of October of each year and the City Clerk in so certifying such charges to the County Auditor shall specify the amount thereof, the description of the premises served, and the name of the owner thereof. The amount so certified shall be extended by the Auditor on the tax rolls against the premises in the same manner as other taxes and collected by the County Treasurer and paid to the City along with other taxes. In the event the property is occupied by any person or persons not the owner, the owner is nonetheless obligated for all service collection charges incurred. If Certification is necessary a reasonable administration fee will be added. The licensed contractor will receive payment from city for their amount received within 30 days of receipt of tax settlements the following year. SECTION 11, EXCLUSIVE USE. Every householder or occupant of any dwelling house, boarding house, apartment house, mobile home or any other place of residence must avail themselves of the services of the City -approved licensed contractor or solid waste collector. Further, all non-residential places, such as businesses and commercial places, must avail themselves of the service of the City -approved licensed hauler. SECTION 12. SOLID WASTE COLLECTION SCHEDULE AND VACANCIES. The Contractor shall collect refuse in the city at least once a week from residences. When the City Clerk/Administrator is notified in writing that residence is to be continuously vacant or unoccupied for a period of not less than one calendar month and, if said notice is given prior to the first day of the initial month of vacancy, then, in that event, there shall be no refuse billing or liability for such residence during the period of vacancy. Provided, however, that any resident who receives collection service for any week shall be liable for the entire monthly charge. SECTION 13. CONTAINERS. a. General Requirement. Every household, occupant, or owner of any residence shall provide on the premises a container or container(s), provided by the licensed contractor. Such containers must receive and contain all refuse which may accumulate between collections or other disposal. All normal accumulation of refuse shall be deposited in such containers; except that leaves, trimmings from shrubs, grass clippings, shavings and other rubbish of similar volume and weight may be stored in closed containers not meeting the requirements. b. All business establishments shall have adequate facilities for the storage and collection of garbage and rubbish. Business establishments must make use of a licensed garbage and rubbish collector, not necessarily the residential licensed contractor. c. Container Requirements. Containers shall be maintained in good and sanitary condition. any container not conforming with the specifics in the contract with the contract hauler, or having ragged or sharp edges or any defect likely to hamper or injure the person collecting the contents, shall be promptly replaced after notice by the city. SECTION 14. UNLAWFUL DEPOSIT. No person, corporation, business entity or commercial establishment shall bring refuse or solid waste into the city for disposal or otherwise. SECTION 15. VIOLATION. Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by fine of not more than $700.00 or by imprisonment of not more than 90 days, or both, plus the costs incurred in the prosecution of either case. SECTION 16. EFFECTIVE DATE. This ordinance becomes effective upon its passage and publication according to law, implementation to begin June 1, 1997. The residential contract is to be implemented January 1, 1998. The motion for adoption of the foregoing ordinance was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Kuether, Lyden, Neal, Landers. The following voted against same: None, Council Member Bergeson was absent. Whereupon said resolution was duly passed and adopted. THIS ORDINANCE WAS INTRODUCED AND READ in full the 14, 1997 day of April, 1997 PASSED by the City of Lino Lakes this 28th day of April, 1997. L. Landers, Mayor Attest: Marilyn G. 'Anderson, Clerk -Treasurer