1994.12.05 ORD 1994-293 - Laserfiche WebLink

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Section 120-11. DUTIES AND OBLI- Section 120-13. THE PROCESS FOR GATIONS OF THE LICENSED HAUL- DESIGNATED TARGETED RECY- ER CLABLES All haulers of waste products and ma- Additional recyclable materials may Subd.C.Farmers subject to Minneso- terials shall comply with the following be designated as recyclables by resolu- to Statute, Section 17.135 may burn or operational requirements.Failure to ob- tion of the City Council after the effec- bury solid waste generated from their serve these provisions may be a basis tive date of this Ordinance.The designa- farming operations,or from their indi- for suspension or revocation of a license. tion process will be as follows: vidual household,on their farm,subject Subd.A The licensee shall operate in a Subd.A Each licensed collector shall to the following conditions: manner consistent with its application be given ninety (90) days notice of the 1.All burning of solid waste is per- materials, and shall provide notice to proposed additions to the list of targeted formed in compliance with Hugo City the City within ten (10) days of any recyclables.The notice shall specifical- Code,Chapter 110,and Minnesota Stat- change of the information,forms,or cer- ly describe the designated material(s) ute,Chapter 88 et seq. tificates filed as part of the application proposed for addition,and describe how 2.All burying of solid waste shall be process. the addition might affect the duties and done at a consolidated location designat- Subd. B The licensee shall comply obligations of the licensee. ed on a farm site plan approved by the with all City,County,State and Federal Subd.B Each licensed collector shall Hugo City Council. laws and regulations. also be given written notice of at least 3. burying and burning solid Subd.C As of June 1,1995,no collec- ten(10)days in advance of the time and waste Allu be performed in such ofa men- tion of MSW shall be made except be- date of the Council meeting that will ner thateshallo materialfr in solid,semisolid,the hours of seven o'clock (7:00 consider the proposed addition to a list liquid gaseous form is releasedmiinto AM)and five o'clock(5:00 PM)Mondayof targeted recyclables. surface waters, ground waters, or the and Friday. Operation during these Subd.C Notice shall be given by regu- may have service moved back or lar U.S.mail to the address provided on atmosphere,which because of its quan- forward one day to accommodate recog- the most recent license application. tity, concentration, chemical or infec- Section 120-14.SUSPENSION OR RE- tious characteristics,may cause,or sig- conditions,cnational natural poor weather nificantly contribute to an increase in and natural disasters. Cus- VOCATION OF A LICENSE The CityCouncil may suspend or re- mortality,or an increase in serious,ir- thethmer specific day reasonablyorthecollection notified of reversible,or incapacitating reversible for the of yoke the license to any violation c latio whose illness,or pose a substantial present or their MSW,and the hse licensee shall collect Multiple Ordinatcs found which be posesisla threat to potential threat to human health or the the materials on those days. Multi le Ordinance, or a threat to Y P environment. residential dwellings,as defined in this the public's health, safety, or welfare. g 4.All burying and burning of solid Ordinance, and manufactured home Such revocation or suspension may only parks are not restricted to these days of occur following a public hearing, of waste shall be performed in such man- which the licensee has received prior no- ner and location that the site of the bury- service is where combined collection ingor burningdoes not become a breed- er'sservice is provided through a homeown- lice. Sufficient notice to the licensee shall be a written statement of the date, ing or nesting site for rodents,vermin, meassociation or facilities manage- or wild animals,or attract rodents,ver- ment firm. time,location,and purpose of the hear- min, or wild animals on a reoccurring Subd.D The licensee shall offer cus- ing, deposited, postage paid, with the U.S. Postal Service, at least ten days basis. rate/volumeureat minimum, a three-tiredatprior to the hearing, and addressed to Section 120-17.SEVERABILITY option, where the rate In the event that a court of competent charged for the collection of materials the licensee's business address,as listed increases with the volume collected.At on the licensee's most recent application jurisdiction adjudges any part of this or- a minimum,rates will be set for the fol- for a license,license renewal,or written dinance to be invalid, such judgement lowing categories: notice to the City of address change. shall not affect any other provisions of 1.30gallon service 2.60gallon service Section 120-15. STORAGE AND this ordinance not specifically included PLACEMENT FOR COLLECTION within the judgement. tt.90 gallon appliancesp4.Recyclable.Yardcollec-aSection 120-18.PENALTY serviceion 5. Major 6. waste Subd. A Platted .eside placed areas cs of the City shall have MSW at curb- Any person convicted of violating this side on the day of collection.In platted ordinance shall be guilty of a misde- shallSubd.E Each licensed MSW collector estate and rural areas of the City,con- meanor,and shall be subject to a fine, sruc onlyvehiclest es andn equipmenttwillot tainers and bags may be placed at the imprisonment,or both,as specified by constructed that the vehicles and will ip- end of the driveway on collection day.At State Statute,including recovery of ex- leak or seal. The pequip- incurred in prosecution. Such meat shall also be kept clean and as free all other times,the containers shall be penses P so located,in so far as possible,out of penalty may be imposed in addition to from offensive odors possible, and suspension or revocation of a license. shall not stand in anypublicplace long- public view in a secure place. Pe g er than is reasonably necessary to col- Subd.B Beginning on June 1,1995,any Section 120-19.EFFECTIVE DATE solid waste container exceeding seventy This Ordinance shall be in full force lett MSW.The licensee shall also insure five(75)gallons in size,and located on and effect from and after its passage that the immediate collection site is left property used for purposes other than and publication. tidy and free of litter. single family residential, shall be con- Upon roll call,voting AYE: Bernard Subd. F The licensee shall offer ser- tained within a building or within a se- Brunotte, James Leroux, Fran Mironp vice to every resident in the City, who cure area which has an impermeable and Walter Stoltzman desires such service from the licensee, floor surface, and is enclosed and Voting NAY:NONE at a consistent rate as defined by vol- screened within a 90%or greater,anon•,. Whereupon said Ordinance was de- ume in Section 120-11,Paragraph D. wooden or iiitI pence or masonry wall dared passed and adopted this 5th day - Section 120-12.MANDATORY RECY- not less than six(6)feet in height having of December,1994. CLING FOR SOLID WASTE HAULERS a gate or doorway which remains closed /s/Walter L.Stoltzman Each licensed MSW hauler shall pro- except for access purposes. All enclo- Walter L.Stoltzman,Mayor vide its customers with an opportunity sures must be large enough to allow for ATTEST: to recycle through weekly collection of storage of recyclable material contain- /s/Mary Ann Creager targeted recyclables. ers. Mary Ann Creager,City Clerk Subd.A The curbside collection of tar- Subd. C All containers for garbage, (Published in THE TIMES geted recyclables shall be on the same other refuse, and yard waste shall be December 15,1994) day as the collection of other materials made of metal or other suitable materi- but may occur at a different time within al,which is rodent and water proof,and that day.The targeted recyclables col- fire resistant,and which will not easily lection shall be from a location at or corrode.Containers shall be kept tightly near the customer's collection point for closed.Garbage,other refuse,recycla- other materials or some other location bles,and yard waste may be kept in a mutually agreeable to the hauler and the plastic bag of such strength that the con- customer. tents therein will not rip,tear,or punc- Subd.A At a minimum,the materials ture the plastic bag. collected shall be those designated as Subd.D All yard waste to be picked up targeted recyclables by the City. by a licensed hauler shall be placed in Subd. C In each instance where a li- separate bags or containers, and shall censee does not collect recyclable mate- not contain garbage,other refuse,recy- rials from a residence or business,ade- clables,or major appliances. quate notification as to why the Section 120-16.FARM WASTE recyclable material was not picked up Subd.A.In order to protect the public must be left with recyclable materials health,and if no other environmentally left at the curbside. safe method is reasonable available, Subd.D The licensee is also deemed carcasses of domestic livestock may be the owner of the recyclables upon collec- buried on agricultural property that is tion,the licensee is responsible for mar- under the ownership or lease of the indi- keting or disposing of targeted recycla- vidual owning the animal. bles to the appropriate recycling Subd.B.Organic farm waste may be facility. composted or integrated into the soil to improve soil conditions for agricultural operations.