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HomeMy WebLinkAbout1993.03.01 ORD 1993-279 ` ' . ORDINANCE 1993-279 AN ORDINANCE REGULATING THE OPERATION OF AUTO DISMANTLING FACILITIES AND JUNK YARDS IN THE CITY OF HUGO The City Council of the City of Hugo, Washington County , Minnesota, hereby ordains: 130-1 . PURPOSE AND INTENT. In that Automobile Dismantling Facilities and Junk Yards process materials and debris contaminated by petroleum and chemical products, generate waste tires, batteries, and other materials requiring special disposal methods, and store accumulations of materials and debris with the potential of contaminating soil , ground water and surface waters, it is in the best interests of the public' s health, safety and welfare to regulate their operations for the protection of the environment, to preserve the public' s health, and guard against the danger of fire. 130-2. REPEAL OF INCONSISTENT ORDINANCE. That certain ordinance entitled "Junk Yards and Auto Dismantling Yards" , Chapter 130 Hugo Municipal Code, is hereby repealed in its entirety . 130-3. DEFINITIONS. Subd . A. per5ga. The term "Person" includes any person , firm or corporation , or group, however organized , and the singular includes the plural . Subd . B. . The term "Junk Yard" shall mean the storing or keeping of two or more unlicensed vehicles, of the type requiring licensing by the State of Minnesota or vehicle hulks, except this term shall not apply to vehicles in a road-worthy condition and eligible for licensing , that have been licensed for a period of at least thirty days within the preceding 12-month period , nor shall the term apply to vehicles maintained within a building for their antique or collectible value. Subd. C. Auto Dismantling Facility . The term "Auto Dismantling Facility" shall mean the storing of two or more vehicles by any Person on private property within the City of Hugo for the purposes of dismantling and/or disposition of parts and salvage material . Subd . D. Hazardous Waste. The term "Hazardous Waste" shall have the meaning prescribed by Minnesota Statutes, Section 116.06, Subd . 131 . Subd. E. Hazardous Material . The term "Hazardous Material " shall mean any material in solid , semisolid , liquid , or contained gaseous form which, because of its quantity , concentration , chemical , physical , or infectious characteristics may : ( 1 ) cause or significantly contribute to an increase in mortality or an increase in serious, irreversible, or / } incapacitating reversible illness; or ``'~ . . 130-3 2 (2) pose a substantial present or potential hazard to human health or the environment when improperly treated , stored , transported , disposed of , or otherwise managed . Subd . F. . The term "Waste Tires" shall mean any tire which is not mountable on a wheel rim, has insufficient tread depth remaining to be legally used on a public roadway under Minnesota Statutes Section 169.723, or has at least one cut, tear or deficiency , which would make it unsafe for use on a public road . 130-4. LICENSE REQUIRED. It shall be unlawful for any Person to operate and/or maintain a Junk Yard or Auto Dismantling Facility within the City of Hugo without a valid Junk Yard License or Auto Dismantling Facility License. 130-5. APPLICATION FOR LICENSE AND ISSUANCE. Application for Junk Yard and Auto Dismantling Facility Licenses shall be made to the City Clerk on a form supplied by the City . The Application fee, as herein specified , shall accompany the application , and the Clerk shall issue a receipt therefor . The Clerk shall present the application to the City Council for consideration , and if approved and granted by the City Council , a License shall be issued by the Clerk and a Council representative. 130-6. GENERAL CONDITIONS. Each application for a Junk Yard License or Auto Dismantling Facility License shall include the following information : ( 1 ) The name and street address of the applicant; (2) The street address and legal description of the premises upon which the Junk Yard or Auto Dismantling Facility is to be operated ; (3) The name, street address, and written consent of the owner of the premises, to use the premises for the purposes detailed on the application . (4) The zoning classification of the premises; ( 5) The date of issuance and status of the special use permit, if applicable, for use of the premises for the purposes detailed on the application ; (6) A copy of a current Industrial Storm Water Permit for the site; (7) A copy of a current Washington County Hazardous Waste Generator' s License for the site, if necessary ; and (8) A Site Management Plan , as herein defined . ( .! 130-7. SITE MANAGEMENT PLAN. Each Person holding a Junk Yard or Auto Dismantling License issued by the City of Hugo shall maintain a current Site Management Plan on file with the City Clerk . At a minimum, the Site Management Plan shall include the following : . . . . . 130-7 3 ( i ) A site sketch showing the general location and dimensions of (-� all fire lanes, buildings, storage areas of hazardous, `- � explosive or flammable materials, waste piles of ten or more tires, location of all fire extinguishers, and site entrance and exit points. (2) A fluid management plan describing the processing of hazardous or flammable fluids, to include fluid drainage, storage, disposal , and spill containment and clean up. (3) A plan for the storage, processing , and disposal of batteries, tires, and contaminated parts and components, including a statement as to expected volume. (4) The location and depth of all wells registered with Washington County Public Health Department, located within 1000 feet of the property lines of the Junk Yard or Auto Dismantling Facility . 130-8. GENERAL REQUIREMENTS. On or after January 1 , 1994, unless sooner required by law, it shall be unlawful for any Junk Yard or Auto Dismantling facility located in the City of Hugo to operate except in conformance with the following provisions: Subd . A. Battery Storage. All batteries must be stored on a non-reactive, curbed and impermeable surface without a floor drain and protected from accumulations of rain , snow and drain water, or stored within a covered , non-reactive, impermeable container. Subd . B. Antifreeze Disposal . Antifreeze shall be collected and recycled , or disposed of through other Minnesota Pollution Control Agency approved methods. Antifreeze shall not be discharged to land , water , any septic system, or public sewer system. Subd . C. Refrigerants. Refrigerants shall be recovered and recycled or reclaimed by methods approved by Minnesota Pollution Control Agency . Subd . D. Recycling Petroleum Products. Used oil , including engine oil , transmission fluid , hydraulic oil , and similar petroleum products, shall be recycled or disposed of through Minnesota Pollution Control Agency approved methods. � Subd . E. Draining Fluids. ( 1 ) All Auto Dismantling Facilities and Junk Yards shall have facilities to drain fluids on a curbed , impermeable surface; within a structure with an impermeable floor; on an unbermed , impermeable surface with adequate spill-control equipment, and absorbent material immediately available to / \ contain any spill which may occur. ! . . . . 130-8 4 (2) Where disassembly of any vehicle, or component thereof , is ` \ necessary at a location without an impermeable floor or surface, all drain plugs, hose connections, and other orifices, which allow for the leakage of fluids, shall be tightly capped prior to component movement to avoid spillage of residue liquids. Subd . F . Oil Filter Disposal . Used oil filters shall be recycled , disposed of as Hazardous Waste, or after being drained and tested by a professional testing laboratory , disposed of as solid waste. Oil filters may remain attached to engines or motors when sold to a second party or transported as scrap, so long as the receiving person will accept the filter. Subd. G. Tire Storage. ( 1 ) Tires shall be stored in cells no larger than 10,000 square feet by 10 feet high, with a posted fire lane 50 feet wide surrounding each cell and leading to a public street. The applicant shall insure emergency vehicle access on said fire lanes at all times of the year . (2) Tire piles shall be located 50 feet away from any vegetation over 12 inches in height. (3) No more than 500 waste tires shall be stored at any Junk Yard or Auto Dismantling Facility without a current permit from the Minnesota Pollution Control Agency . Tires maintained for resale as vehicle components shall be stored separately from waste tires. Subd . H. HazardousMaterial Storag.e. Flammable and hazardous materials shall be stored in covered and appropriately marked containers suitable to the contents in storage. Adequate aisle space shall be provided for access by emergency personnel and for spill containment and clean-up equipment. Subd . I . Fencing. Fencing shall be installed in accordance with City specifications on the perimeter of all Auto Dismantling Facilities and Junk Yards at least six feet high to deny public access except through controlled access gates. In the case where the facility has a minimum of 100 feet of vacant land between all dismantling facilities, and any adjacent property or public road, and the absence of a fence will not pose an unreasonable threat to the public safety , the Council may allow the posting of "No Trespassing" signs at intervals no greater than 50 feet around the perimeter of the facility in lieu of the required fence. Subd . J . ScEpenirla, Visual screening shall be provided through fencing or landscaping to block from view all Auto Dismantling, auto or junk storage, and related activities, from adjacent property or any public right-of-way . Adequacy of screening shall be determined by the City Council as part of Site Management Plan approval . . . . . . . 130-8 5 Subd . K. Hazardous Spills. Spills of oil , lubricants, or other hazardous material shall be promptly contained , cleaned , and disposed of in accordance with current Minnesota Pollution Control Agency guidelines. Subd . L. On-site On-site disposal of any material is prohibited , except under proper license or permit. Subd . M. Battery Cable Disposal. Lead battery cable ends and heater cores shall be removed from vehicles prior to crushing and shall be recycled separately , unless accepted as a vehicle component by a second person . 130-9. INSPECTIONS AND MONITORING. Subd . A . Inspections cialt. In order to insure compliance with the license or permit granted in this ordinance, and as a condition for the issuance of any permit or license granted under this ordinance, the applicant shall allow inspections at reasonable and appropriate times by officials of the City of Hugo, or such consultants as the City deems appropriate to retain . The license holder shall routinely be given a minimum of 24-hours notice of any scheduled inspection , but failure to provide such notice shall not be cause to deny an inspection of any facility , nor shall it be cause to deny enforcement of any ordinance, regulation , or law. Subd . B. Monitoring Wells. The Council may require that any licensee construct and maintain , at the licensee' s expense, ground water monitoring wells on the premises of their Junk Yard or Auto Dismantling Facility to determine the impact the facility is having on the City ' s ground water. In determining whether to require monitoring wells, the Council shall : ( 1 ) Consult with a licensee, or appoint a representative to consult with the licensee, prior to ordering that licensee to construct a monitoring well . (�) Consider the specific geographic, topographical and other features of the operation as they pertain to the facilities potential to contaminating the City ' s ground water. (3) Consider the professional recommendation of the City Engineer, or other qualified individual or firm as to the necessity or desirability of constructing monitoring wells at the facility Subd . C. Inspections and Monitoring. It shall be the responsibility of the City ' s building inspector to conduct or coordinate all inspections or monitoring activities required by this ordinance or required by any license issued pursuant to this ordinance. � � . . ` `. . , 130-10 6 130-10. REPORT OF SPILLS. It is the duty of every Person to notify the . Minnesota Pollution Control Agency of any spill or discharge of a substance in accordance with Minnesota Statute, Section 115.061 . Any Person holding a Junk Yard or Auto Dismantling License from the City of Hugo shall also report to the City of Hugo, in writing , the time, date, location , cause, and method of clean-up of any hazardous-material spill in excess of one gallon in volume, which occurs on the premises of the Licensee, within 48 hours of the occurrence of the spill . 130-11 . TERM OF LICENSES. Licenses shall be issued under this ordinance for a period not to exceed two years. 130-12. DISPLAY NSE. Every License shall be kept conspicuously posted about the place for which it is issued , along with the telephone numbers of the Minnesota Pollution Control Agency Spill Unit and the Hugo Fire Department. Licenses shall be exhibited to any Person upon request. 130-13. . The fee for every Junk Yard and Auto Dismantling Facility License shall be $125.00 per year, plus actual site-inspection , sampling , and analysis fees not to exceed $6,000 | annually . Such fees do not include costs to be paid by the licensee in the design , supervision , and construction of any ground water monitoring wells required as part of this license. 1 - \ 130-14. REVOCATION. Every License may be revoked by the Council for violation of any provision of this Ordinance, after the Licensee has been given reasonable notice and the opportunity to be heard , or upon any change in zoning or special use permit status of the premises whereby Junk Yard or Auto Dismantling Facilities are prohibited . There shall be no refund of any License fee, • inspection fee, or any portion thereof upon revocation . 130-15. PENALTIES. Any person who violates any provision of this ordinance shall be guilty of a misdemeanor. 130-16. EFFECTIVE DATE. This Ordinance will become effective from and after its adoption and publication . Upon roll call , the following members voting AYE: Barnes, Brunotte, Leroux , Miron ABSTAINED: Stoltzman Whereupon said ordinance was declared passed and adopted this 1st day of March, 1993. Walter L. Stoltzma�� Mayor ATTEST: , ' .' � MaryômnCreager, C ��' Clerk w~' Published in the Forest Lake Times this 11th day of March, 1993. ' AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ss COUNTY OF WASHINGTON _'. e ' , being duly sworn, on oath says that he is the publisher or authorized agent and employee of the publisher of the newspaper known as The Times, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements con- stituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07 and other applicable laws,as amended. (B)Theprinted public notice City of Hugo CITTYOFHUGO which is attached was cut from the columns of said newspaper, and The Hugo City Council will hold a pub- lichearingonMonday,January 4,1993, was printed and published once each week forsuccessive at 7:05 PM,to consider a proposed ordi- + one nance regulating auto dismantling and junk yards in the City of Hugo, which weeks; it was first published on Thursday ,the 17 day would replace the existing ordinance.A full and complete copy of the proposed ordinance is on file in the office of the of December , 19 Q`,) ,and was thereafter printed and published City Clerk. /s/Mary Ann Creager Mary Ann Creager,City Clerk each week to and including Thursday ,the 17 day (Published in THE TIMES December 17,1992) of Decerdber , 19 (-12. BY: &LI- A. /A A-m-m,t,yt..`) TITLE: Bookkeeping Subscribed and sworn to before me on this : i j::i;?ental day of December , 19 92 I ai ‘:k A,..., )114..441 (1, - 4 ' .4 VIM 4, tl &11 , 'o t!t't •• •, 17. LESTRUD .41.,,:r . . NOTARY PUE.IC • MINNESOTA ' (NOr6� Ar3spN COUNTY -� MY COMMISION EXPIRES ",,,;W7 7 APRIL 16. 1995 (1)Lowest classified rate paid by commercial users for comparable space $ _5.30 col.inch (2)Maximum rate allowed by law for the above matter $ b.b1 col.inch (3)Rate actually charged for the above matter $ '6_30 col.Inch • (4)Rate actually charged for additional insertions $ 2.65 col.Inch AFFIDAVIT OF PUBLICATION ANORDINANCER ANCGELA INGTHE 93-279 STATE OF MINNESOTA ss F AUTO DISMANTL NGFAOPEIONCIL T ESAND COUNTY OF WASHINGTON JUNK YARDS IN THE CITY OF HUGO 130-1. PURPOSE AND INTENT. In that Automobile Dismantling Facilities and Junk Yards process materials and Robert A. Hammond , being duly sworn, on oath says that he is the debris contaminated by petroleum and chemical products, generate waste materials batteries,and other materials re- publisher or authorized agent and employee of the publisher of the quiring special disposal methods, and store accumulations of materials and newspaper known as The Times, and has full knowledge of the facts debris with potential of contaminatingg soil,ground water and surface waters,it is in best interests of public's health, which are stated below: safety and welfare to regulate their op- erations for protection of environment to preserve public's health, and guard (A) The newspaper has complied with all of the requirements con- against danger of fire. P Per P 130-2. REPEAL OF INCONSISTENT ORDINANCE. That certain ordinance stituting qualification as a legal newspaper, as provided by Minnesota entitled"Junk Yards and Auto Disman- tling Yards",Chapter 130 Hugo Munici- pal Code, is hereby repealed in its en- Statute 331A.02, 331A.07 and other applicable laws,as amended. tirety. P P 130-3.DEFINITIONS. Subd.A.Person.The term"Person" (B)The printed public notice includes any person, firm or corpora- tion,or group,however organized,and singular includes plural. Subd.B.Junk Yard.The term"Junk Yard"shall mean storing or keeping of two or more unlicensed vehicles,of type which is attached was cut from the columns of said newspaper, and res 4 licensing by State of Minneso- to chicle hulks, except this term shalt not apply to vehicles inaroad-wor- was printed and published once each week, for one successive thy condition and eligible for licensing, that have been licensed for a period of at least thirty days within preceding 12- weeks; it was first published on Thursday ,the 11 day month period, nor shall term apply to vehicles maintained within a building ding for their antique or collectible val- of March , 19 93 ,and was thereafter printed and published ue. Subd. C. Auto Dismantling Facility. The term "Auto Dismantling Facility" each week to and including Thursday ,the 11 day shall mean storing of two or more vehi- cles by any Person on private property within the City of Hugo for purposes of Of March , lg 93 dismantling and/or disposition of parts MA&Vt and salvage material. _ r/Jb f Subd.D.Hazardous Waste.The term "Hazardous Waste"shall have meaning BY: prescribed by Minnesota Statutes,Sec- tion 116.06,subd.131. Subd. E. Hazardous Material. The TITLE: Bookkeeper term"Hazardous Material"shall mean any material in solid,semisolid,liquid, or contained gaseous form which, be- cause of its quantity, concentration, Subscribed and sworn to before me on chemical, physical, or infectious char- acteristics may: (1)cause or significantly contribute to this eleventh an increase in mortality or an increase in serious,irreversible,or incapacitat- ing reversible illness;or day of March , 19 93 1 (2)pose a substantial present or po- tential hazard to human health or envi- ronment when improperly treated, 1 stored,transported,disposed of,or oth- erwise managed. ! 1 0 ' ,, Subd. F. Waste Tires. The - term"Waste Tires"shall mean any tire k• •r P which is not mountable on a wheel rim, HOWARD D. LESTRUD has insufficient tread depth remaining p;+i �. h,rr^r'_'t" to be legally used on a public roadway �,,; .� '•I CJV�g�RY PUBLIC • MINNESOTA under Minnesota Statutes Section ,.1%.. WASHINGTON COUNTY 169.723,or has at least one cut, tear or . _ - MY COMMISION EXPIRES deficiency,which would make it unsafe for use on a public road. = APRIL 16. 1995 130-4.LICENSE REQUIRED.It shall , be unlawful for any Person to operate (1)Lowest • • and/or maintain a Junk Yard or Auto users for comparable space $ 5.30 col.inch Dismantling Facility within City of Hugo without a valid Junk Yard License or Auto Dismantling Facility License. (2)Maximum rate allowed by law for the above 130-5.APPLICATION FOR LICENSE matter $ 5.61 col.inch AND ISSUANCE. Application for Junk Yard and Auto Dismantling Facility Li- censes shall be made to City Clerk on a (3)Rate actually charged for the above matter $ 5.30 col.Inch form supplied by City.The Application fee,as herein specified,shall accompa- ny'"lication,and Clerk shall issue a (4)Rate actually charged for additional re therefore. The Clerk shall insertions 2.65 pr application to City Council for $ col.Inch consideration, and if approved and granted by City Council,a License shall be issued by Clerk and a Council repre- sentative. 130-6.GENERAL CONDITIONS.Each , application for a Junk Yard License or Subd.F.Oil Filter Disposal.Used oil Auto Dismantling Facility License shall filters shall be recycled,disposed posed of as pact facility is having on City's ground include following information: Hazardous Waste,or after being drained water. In determining whether to re- (1)The name and street address of ap- and tested by a professional testing labo- quire monitoring wells,Council shall: plicant; ratory,disposed of as solid waste.Oil fil- (1)Consult with a licensee,or appoint (2) The street address and legal de- ters may remain attached to engines orconsult licens- scription of premises upon which Junk motors when sold to a second party or a ee, ortoordering thatlicwith ocon- Yard or Auto Dismantling Facility is to transported as scrap,so long as receiv- prior to licensee to be operated; ing person will accept filter. (2strut a monitoring well. (3) The name, street address, and ra Consider and specific othergatop- ( o of Subd.G.Tire Storage. ographical features. of written consent of owner of premises,to (1) Tires shall be stored in cells no operation as they pertain to facilities po- use premises for purposes detailed on larger than 10,000 square feet by 10 feet tential to contaminating City's ground application. high,with a posted fire lane 50 feet wide water. (4) The zoning classification of pre- surrounding each cell and leading to a (3) Consider professional recommen- mises; public street.The applicant shall insure dation of City Engineer,or other quail- (5)date of issuance and status of spe- emergency vehicle access on said fire fled individual or firm as to necessity or cial use permit,if applicable,for use off lanes at all times of year. desirability of constructing monitoring premises for purposes detailed on the (2)Tire piles shall be located 50 feet wells at facility. application; away from any vegetation over 12 inches Subd.C. Inspections and monitoring. (6) A copy of a current Industrial in height. It shall be responsibility of City's build- Storm Water Permit for site; (3)No more than 500 waste tires shall ing inspector to conduct or coordinate (7) A copy of a current Washington be stored at any Junk Yard or Auto Dis- all inspections or monitoring activities County Hazardous Waste Generator's mantling Facility without a current per- required by this ordinance or required License for site,if necessary;and mit from Minnesota Pollution Control by any license issued pursuant to this or- (8)A Site Management Plan,as here- Agency.Tires maintained for resale as dinance. in defined. vehicle components shall be stored sepa- 130-10.REPORT OF SPILLS.It is du- 130-7. SITE MANAGEMENT PLAN. rately from waste tires. ty of every Person to notify Minnesota Each Person holding a Junk Yard or Au- Subd.H.Hazardous Material Storage. Pollution Control Agency of any spill or to Dismantling License issued by City of Flammable and hazardous materials discharge of a substance in accordance Hugo shall maintain a current Site Man- shall be stored on covered and appropri- with Minnesota Statute,Section 115.061. agement Plan on file with City Clerk.At ately marked containers suitable to con- Any Person holding a Junk Yard or Auto a minimum, Site Management Plan tents in storage. Adequate aisle space Dismantling License from City of Hugo shall include following: shall be provided for access by emer- shall also report to City of Hugo,in writ- (1)A site sketch showing general loca- gency personnel and for spill contain- ing, time, date, location, cause, and tion and dimensions of all fire lanes, ment and clean-up equipment. method of clean-up of any hazardous- buildings, storage areas of hazardous, Subd.I.Fencing.Fencing shall be in- material spill in excess of one gallon in ex --wive or flammable materials, stalled in accordance with City volume, which occurs on premises of c piles of ten or more tires,location specifications on perimeter of all Auto Licensee,within 48 hours of occurrence of fire extinguishers, and site en- Dismantling Facilities and Junk Yards of spill. trance and exit points. at least six feet highto denyP (2)A fluid managementplan describ- public e s 1shall TERM OF LICENSES.ordinance cess except through controlled access es shall be issued under this ordinance ing processing of hazardous or flamma- gates.In case where facility has a mini- for a period not to exceed two years. ble fluids, to include fluid drainage, mum of 100 feet of vacant land between 130.12. DISPLAY OF LICENSE. Ev- storage,disposal,and spill containment all dismantling facilities,and any adja- ery License shall be kept conspicuously and clean up. cent property or public road, and ab- posted about place for which it is issued, (3)A plan for storage,processing,and sence of a fence will not pose an unrea- along with telephone numbers of Minne- disposal of batteries,tires,and contami- sonable threat to public safety,Council sota Pollution Control Agency Spill Unit nated parts and components,including a may allow posting of"No Trespassing" and Hugo Fire Department. Licenses statement as to expected volume. signs at intervals no greater than 50 feet shall be exhibited to any Person upon re- (4)The location and depth of all wells around perimeter of facility in lieu of re- quest. registered with Washington County Pub- quired fence. 130.13.LICENSE FEE.The fee for ev- lic Health Department, located within Subd. J. Screening. Visual screening ery Junk Yard and Auto Dismantling 1000 feet of property lines of Junk yard shall be provided through fencing or Facility License shall be $125.00 per or Auto Dismantling Facility. landscaping to block from view all Auto year, plus actual site-inspection, sam- 130-8. GENERAL REQUIREMENTS. Dismantling,auto or junk storage,and piing, and analysis fees not to exceed On or after January 1,1994,unless soon- related activities,from adjacent proper- $6,000 annually.Such fees do not include er required by law,it shall be unlawful ty or any public right-of-way.Adequacy costs to be paid by licensee in design,su- for any Junk Yard or Auto Dismantling of screening shall be determined by City pervision, and construction of any facility located in City of Hugo to oper- Council as part of Site Management ground water monitoring wells required ate except in conformance with follow- Plan approval. as part of this license. Subd.K.Hazardous Spills.Spills of oil, 130.14.REVOCATION.EveryLicense ing provisions: Subd.A.Battery Storage.All batteries lubricants,or other hazardous material may be revoked by teh Council for viola- must be stored on a non-reactive,curbed shall be promptly contained, cleaned, tion of any provision of this Ordinance, and impermeable surface without a and disposed of in accordance with cur- after Licensee has been given reason- floor drain and protected from accumu- rent Minnesota Pollution Control Agen- able notice and opportunity to be heard, lations of rain,snow and drain water,or cy guidelines. or upon any change in zoning or special stored within a covered, non-reactive, Subd.L.On-site Disposal.On-site dis- use permit status of premises whereby impermeable container. posal of any material is prohibited, Junk Yard or Auto Dismantling Facili- Subd. B. Antifreeze Disposal. Anti- except under proper license or permit. ties are prohibited.There shall be no re- freeze shall be collected and recycled,or Subd. M. Battery Cable Disposal. fund of any License fee,inspection fee, disposed of through other Minnesota Lead battery cable ends and heater or any portion thereof upon revocation. Pollution Control Agency approved cores shall be removed from vehicles 130.15.PENALTIES.Any person who methods. Antifreeze shall not be dis- prior to crushing and shall be recycled violates any provision of this ordinance charged to land,water,any septic sys- separately,unless accepted as a vehicle shall be guilty of a misdemeanor. tem,or public sewer system. component by a second person. 130.16.EFFECTIVE DATE. This Or- Subd. C. Refrigerants. Refrigerants 130-9. INSPECTIONS AND MONI- dinance will become effective from and shall be recovered and recycled or re- TORING. after its adoption and publication. claimed by methods approved by Minne- Subd. A. Inspections by Officials. In Upon roll call,following members vot- sota Pollution Control Agency. order to insure compliance with license ing AYE: Barnes, Brunotte, Leroux, Subd. D. Recycling Petroleum Prod- or permit granted in this ordinance,and Miron ucts. Used oil, including engine oil, as a condition forr issuance of any per- ABSTAINED:Stoltzman transmission fluid, hydraulic oil, and mit or license granted under this ordi- Whereupon said ordinance was de- similar petroleum products,shall be re- nance,applicant shall allow inspections dared passed and adopted this 1st day cycled or disposed of through Minnesota at reasonable and appropriate times by of March,1993. Pollution Control Agency approved officials of City of Hugo,or such consult- /s/Walter L.Stoltzman methods. ants as City deems appropriate to re- Walter L.Stoltzman,Mayor Subd.E.Draining Fluids. talo.The license holder shall routinely ATTEST: (1) All Auto Dismantling Facilities be given a minimum of 24-hours notice /s/Mary Ann Creager and Junk Yards shall have facilities to of any scheduled inspection,but failure Mary Ann Creager,City Clerk drain fluids on a curbed, impermeable to provide such notice shall not be cause (Published in THE TIMES surface;within a structure with an im- to deny an inspection of any facility,nor March 11.1993) permeable floor; on an unbermed, im- shall it be cause to deny enforcement of permeable surface with adequate spill- any ordinance,regulation,or law. control equipment, and absorbent Subd.B.Monitoring Wells.The Coun- material immediately available to con- til may require than any licensee con- tain any spill which may occur. struct and maintain, at licensee's ex- (2)Where disassembly of any vehicle, pense,ground water monitoring wells on or component thereof,is necessary at a premises of their Junk Yard or Auto location without an impermeable floor Dismantling Facility to determine im- or surface,all drain plugs,hose connec- tions,and other orifices,which allow for leakage of fluids,shall be tightly capped prior to component movement to avoid spillage of residue liquids.