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HomeMy WebLinkAbout1994.12.05 ORD 1994-293 ORDINANCE 1994-293 AN ORDINANCE AMENDING CHAPTER 120 OF THE HUGO CITY CODE REGULATING AND LICENSING THE COLLECTION, STORAGE, AND DISPOSAL OF GARBAGE, OTHER REFUSE, RECYCLABLES, AND YARD WASTE. THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA DOES HEREBY ORDAIN: Section 120-1. PURPOSE AND INTENT It is the intent of the City Council, by means of this Chapter, to establish a system of complete regular garbage, refuse, major appliances, recyclables, and yard waste collection throughout the City in order to insure that the disposal of such materials is accomplished in a sanitary manner, safeguarding the health of the residents of the City, and to implement the State of Minnesota's recycling and solid waste reduction mandates. Section 120-2. REPEAL OF INCONSISTENT ORDINANCE That certain Ordinance, entitled Chapter 120 Hugo Municipal Code, is hereby repealed in its entirety and replaced by the conditions contained here. Section 120-3 . DEFINITIONS The following words, terms, and phrases, when used in this Chapter, ;hall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Subd. A City means the City of Hugo, Washington County, Minnesota. Subd. B Commercial Establishment - Any premises where a commercial or industrial enterprise of any kind is carried on. This includes restaurants, clubs, churches, and schools where food is prepared or served. Subd. C Construction Debris means waste building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition of buildings and roads. Subd. D County means Washington County, Minnesota. Subd. E Farm Waste means the by-product from the managed production of agricultural produce, to include cropping, raising of livestock, dairy production and poultry operations. Subd. F Garbage means all putrescible wastes, excluding animal offal and carcasses of dead animals, human excreta sewage and other water-carried wastes. Subd. G Major Appliances means clothes washers and dryers, dishwashers, hot water heaters, heat pumps, furnaces, garbage disposals, trash compactors, conventional and microwave ovens, ranges and stoves, air conditioners, dehumidifiers, refrigerators, water softeners, and freezers. Subd. H Mixed Municipal Solid Waste (MSW) means garbage, other refuse, and other solid waste from residential, commercial, industrial, and community activities that the generator of the waste aggregates for collection, but does not include auto hulks, street sweepings, ash, construction debris, mining wastes, 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. Subd. I Multiple Residential Dwelling - Any building used for residential purposes consisting of more than four dwelling units with individual kitchen units for each. Subd. J Organic Farm Waste means crop residue and manure. Subd. K Other Refuse means ashes, nonrecyclable glass, crockery, cans, paper, boxes, rags, and similar nonputrescible wastes, but excluding sand, earth, brick, stone, concrete, wood, and problem materials as defined in M.S. 115A. 03 , Subd. 25a. Subd. L Recyclables means materials which may be recycled or reused through recycling processes including targeted recyclables. Subd. M Residential Dwelling - Any single building consisting of four or less dwelling units with individual kitchen facilities for each. Subd. N 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, semi-solid, 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 as 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. Subd. 0 Special Pick-Up means any collection of materials other 2 than garbage, refuse, recyclables or yard waste including major appliances, furniture, oversized materials, and construction debris. Subd. P Targeted Recyclables means metal beverage containers, tin cans, glass containers (clear, green and brown glass containers and excludes all window pane glass) , news print, glossy magazines, corrugated cardboard, car/tractor batteries, or other materials as defined by Council resolution. Subd. Q Tree Waste means tree limbs, trunks, and hard brush. Subd. R Yard Waste means leaves and grass clippings or other similar soft organic materials. Section 120-4 . DISPOSAL GENERALLY Subd. A All persons are required to make adequate provisions for the sanitary disposal of MSW by means of a licensed private collector unless they have provided for adequate means of disposal which meets the approval of the City Council, and which comply with all ordinances and regulations of the City, County, and State. Subd. B It shall be unlawful for any person to fail to dispose of MSW that may accumulate upon property owned or occupied by a person at least once every 14 days. Every person who fails or refuses to make provisions for and secure disposal of such shall be guilty of a misdemeanor. Subd. C It shall be unlawful for any person to dispose of yard and tree waste into the MSW waste stream. Yard waste shall be disposed of by: 1. Contracting with a licensed private collector to haul the yard waste to a County approved compost site. 2 . The resident transporting the yard waste to an approved compost site. 3 . Composting the yard waste on the resident's property. 4 . Burning in compliance with Hugo City Ordinance. Subd. D It shall be unlawful for any person to permit MSW to be removed from their property by an unauthorized or unlicensed collector. Subd. E Major appliances may be collected by a licensed private hauler, or by a Minnesota Pollution Control Agency approved appliance collector. Subd. F Residents of residential dwelling units are required to 3 • separate targeted recyclables from the waste stream for recycling. Subd. G It shall be unlawful for a licensed private collector to pick up garbage and other refuse which has not had recyclables removed for separate pick up. Section 120-5. LITTERING The discharging or depositing of MSW on any street, alley, drive, park, playground, or other public place or any privately owned lot in the City by any person is unlawful. MSW is the responsibility of the property owner until such time as trash is collected by a licensed hauler. Section 120-6 . SCAVENGING PROHIBITED It is unlawful for any person to scavenge or otherwise collect MSW or other recyclable materials at the curb or from recyclable containers without a license from the City and an account relationship with the owner of the premises. Section 120-7 . EXCEPTION Nothing in this Section shall prevent persons from hauling MSW or other waste from their own residences or business properties, provided the following rules are observed: Subd. A The disposal method must insure that all waste will be deposited into a licensed, environmentally safe land fill, or resource recovery facility. Subd. B That all garbage is hauled in containers that are water- tight on all sides and the bottom, and with tight- fitting covers on top. Subd. C That all other refuse and recyclables are hauled in vehicles with leak-proof bodies and completely covered or enclosed by canvas or other means of material so as to completely eliminate the possibility of loss of cargo. Subd. D That recyclables be disposed of at a recycling facility, an organized recycling drive, or through a licensed recycling hauler. Subd. E That yard waste may be composted privately, be disposed of at an approved composting facility, or through a licensed garbage and refuse hauler. Section 120-8. SOLID WASTE COLLECTION LICENSE No person shall collect MSW from residents within the City without first securing a license from the City. The City Council, in the interest of maintaining healthful and sanitary conditions in the City, as well as to protect the public infrastructure, hereby reserves the right to limit the number of licenses to six. 4 Section 120-9 . LICENSE REQUIREMENTS In order to avoid disruption of collection services to businesses and residents of this City, licenses will first be made available to those haulers in good standing which are operating in the City at the time of enactment of this ordinance. All persons engaged in the business of solid waste collection in the City must have a license by December 31, 1994 . Each licensee and hauler shall be subject to the following restrictions: Subd. A The license shall be valid for one year, and shall expire on the 31st of December each year, unless revoked sooner. Subd. 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. Subd. 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, as a minimum, the following information: 1. The name, phone number, and current address of the applicant. 2. A list of the place or places to which the solid waste and/or recyclables are to be hauled. 3 . Information about the location and method of storage of collected recyclable materials, including evidence of compliance with all City, County, State, and Federal laws and regulations. Subd. D An annual license fee shall be established by resolution of the City Council. Subd. E Applications for license renewal must be received by the City Clerk by November 1st of each year for renewal of the license for the following year. Renewal applications received on or after November 1st will be administered as an application for a new license. Subd. F The City Clerk shall issue license renewals after: 1. The applicant has completed and submitted all required forms and applications. 2 . The applicant has provided proof of insurance, as required under Section 120-10 of this Ordinance. 3 . The applicant has paid to the City the required license fee. 4 . In the case of a license renewal, the Clerk has 5 determined that the applicant is operating in good standing with the City by: a. Verifying that all written complaints received from residents or business owners of the City, regarding the applicant's service under the terms and conditions of the license have been resolved or are likely to resolved in the near future. b. Verifying the applicant has performed to the standards and conditions of the license. Subd. G The City Clerk shall issue a new license, or transfer ownership of a license, upon completion of the following: a. Receipt from the applicant of all required forms and applications, fully completed. b. Receipt of the required proof of insurance, as required under Section 120-10. c. Receipt from the applicant of the required license fee. d. In the case of an initial application by a new licensee, said licensee shall be required to deposit an investigation fee of Five Hundred Dollars ($500 . 00 ) . e. Completion of a background investigation report determining the applicant's ability to provide adequate and reliable service under the conditions of the Ordinance. f. Approval of license issuance, or transfer of license, by the City Council. Section 120-10 . INSURANCE REQUIREMENT An applicant must obtain all the insurance required by this Section. All costs and expense are the responsibility of the applicant. All insurance coverage is subject to the approval by the City. For a license to remain valid, insurance coverage must be maintained by the licensee during the term of the license. No work under this license shall be commenced until the following requirements have been satisfied: Subd. A The licensee shall obtain and maintain statutory Workers' Compensation insurance and Employers' 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 any reason of injuries to any employee of the licenses. Subd. B In the event the licensee is the sole proprietor and has 6 not elected to provide Workers' Compensation insurance, the licensee shall be required to execute and submit an affidavit of sole proprietorship in a form satisfactory to the City or provide satisfactory evidence of self- insurance according to law. Subd. C The license applicant must present proof of insurance on each vehicle with an insurance company licensed to do business in the State of Minnesota. The minimum limits of the policy shall be Two Hundred Thousand Dollars ($200 ,000 .00 ) for bodily injuries or death of one person, and Six Hundred Thousand Dollars ($600 ,000 . 00) for any one accident resulting in injuries and/or death of more than one person, and a total of Two Hundred Thousand Dollars ($200,000.00) for damages to property of others arising out of any accident. Section 120-11. DUTIES AND OBLIGATIONS OF THE LICENSED HAULER All haulers of waste products and materials shall comply with the following operational requirements. Failure to observe these provisions may be a basis for suspension or revocation of a license. Subd. 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 of the information, forms, or certificates filed as part of the application process. Subd. B The licensee shall comply with all City, County, State and Federal laws and regulations. Subd. C As of June 1, 1995 , no collection of MSW shall be made except between the hours of seven o'clock (7 : 00 AM) and five o'clock (5:00 PM) Monday and Friday. Operation during these hours may have service moved back or forward one day to accommodate recognized national holidays, poor weather conditions, and natural disasters. Customers shall be reasonably notified of the specific day for the collection of their MSW, and the licensee shall collect the materials on those days. Multiple residential dwellings, as defined in this Ordinance, and manufactured home parks are not restricted to these days of collection where combined collection service is provided through a homeowner's association or facilities management firm. Subd. D The licensee shall offer customers, at minimum, a three- tiered rate/volume option, where the rate charged for the collection of materials increases with the volume collected. At a minimum, rates will be set for the following categories: 1. 30 gallon service 2. 60 gallon service 3 . 90 gallon service 4 . Recyclable collection 5 . Major appliances 6. Yard waste service 7 Subd. E Each licensed MSW collector shall use only 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 public place longer than is reasonably necessary to collect MSW. The licensee shall also insure that the immediate collection site is left tidy and free of litter. Subd. F The licensee shall offer service to every resident in the City, who desires such service from the licensee, at a consistent rate as defined by volume in Section 120- 11, Paragraph D. Section 120-12 . MANDATORY RECYCLING FOR SOLID WASTE HAULERS Each licensed MSW hauler shall provide its customers with an opportunity to recycle through weekly collection of targeted recyclables. Subd. A The curbside collection of targeted recyclables shall be on the same day as the collection of other materials, but may occur at a different time within that day. The targeted recyclables collection shall be from a location at or near the customer's collection point for other materials or some other location mutually agreeable to the hauler and the customer. Subd. B At a minimum, the materials collected shall be those designated as targeted recyclables by the City. Subd. C In each instance where a licensee does not collect recyclable materials from a residence or business, adequate notification as to why the recyclable material was not picked up must be left with recyclable materials left at the curbside. Subd. D The licensee is also deemed the owner of the recyclables upon collection, the licensee is responsible for marketing or disposing of targeted recyclables to the appropriate recycling facility. Section 120-13 . THE PROCESS FOR DESIGNATED TARGETED RECYCLABLES Additional recyclable materials may be designated as recyclables by resolution of the City Council after the effective date of this Ordinance. The designation process will be as follows: Subd. A Each licensed collector shall be given ninety (90 ) days notice of the proposed additions to the list of targeted recyclables. The notice shall specifically describe the designated material(s) proposed for addition, and describe how the addition might affect the duties and obligations of the licensee. Subd. B Each licensed collector shall also be given written notice of at least ten (10) days in advance of the time 8 and date of the Council meeting that will consider the proposed addition to a list of targeted recyclables. Subd. C Notice shall be given by regular U.S. mail to the address provided on the most recent license application. Section 120-14 . SUSPENSION OR REVOCATION OF A LICENSE The City Council may suspend or revoke the license of any licensee, whose conduct is found to be in violation of this Ordinance, or which poses a threat to the public's health, safety, or welfare. Such revocation or suspension may only occur following a public hearing, of which the licensee has received prior notice. Sufficient notice to the licensee shall be a written statement of the date, time, location, and purpose of the hearing, deposited, postage paid, with the U.S. Postal Service, at least ten days prior to the hearing, and addressed to the licensee's business address, as listed on the licensee's most recent application for a license, license renewal, or written notice to the City of address change. Section 120-15 . STORAGE AND PLACEMENT FOR COLLECTION Subd. A Platted residential areas of the City shall have MSW placed at curbside on the day of collection. In platted estate and rural areas of the City, containers and bags may be placed at the end of the driveway on collection day. At all other times, the containers shall be so located, in so far as possible, out of public view in a secure place. Subd. B Beginning on June 1, 1995 , any solid waste container exceeding seventy five (75 ) gallons in size, and located on property used for purposes other than single family residential, shall be contained within a building or within a secure area which has an impermeable floor surface, and is enclosed and screened within a 90% or greater opaque wooden or metal fence or masonry wall not less than six (6 ) feet in height having a gate or doorway which remains closed except for access purposes. All enclosures must be large enough to allow for storage of recyclable material containers. Subd. C All containers for garbage, other refuse, and yard waste shall be made of metal or other suitable material, which is rodent and water proof, and fire resistant, and which will not easily corrode. Containers shall be kept tightly closed. Garbage, other refuse, recyclables, and yard waste may be kept in a plastic bag of such strength that the contents therein will not rip, tear, or puncture the plastic bag. Subd. D All yard waste to be picked up by a licensed hauler shall be placed in separate bags or containers, and shall not contain garbage, other refuse, recyclables, or major appliances. Section 120-16 . FARM WASTE 9 Subd. A. In order to protect the public health, and if no other environmentally safe method is reasonable available, carcasses of domestic livestock may be buried on agricultural property that is under the ownership or lease of the individual owning the animal. Subd. B. Organic farm waste may be composted or integrated into the soil to improve soil conditions for agricultural operations. Subd. C. Farmers subject to Minnesota Statute, Section 17. 135 may burn or bury solid waste generated from their farming operations, or from their individual household, on their farm, subject to the following conditions: 1. All burning of solid waste is performed in compliance with Hugo City Code, Chapter 110, and Minnesota Statute, Chapter 88 et seq. 2. All burying of solid waste shall be done at a consolidated location designated on a farm site plan approved by the Hugo City Council. 3 . All burying and burning of solid waste shall be performed in such a manner that no material in solid, semisolid, liquid or gaseous form is released into surface waters, ground waters, or the atmosphere, which because of its quantity, concentration, chemical or infectious characteristics, may cause, or significantly contribute to an increase in mortality, or an increase in serious, irreversible, or incapacitating reversible illness, or pose a substantial present or potential threat to human health or the environment. 4. All burying and burning of solid waste shall be performed in such manner and location that the site of the burying or burning does not become a breeding or nesting site for rodents, vermin, or wild animals, or attract rodents, vermin, or wild animals on a reoccurring basis. Section 120-17. SEVERABILITY In the event that a court of competent jurisdiction adjudges any part of this ordinance to be invalid, such judgement shall not affect any other provisions of this ordinance not specifically included within the judgement. Section 120-18 . PENALTY Any person convicted of violating this ordinance shall be guilty of a misdemeanor, and shall be subject to a fine, imprisonment, or both, as specified by State Statute, including recovery of expenses incurred in prosecution. Such penalty may be imposed in addition to suspension or revocation of a license. 10 Section 120-19 . EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage and publication. Upon roll call, voting AYE: Bernard Brunotte, James Leroux, Fran Miron, and Walter Stoltzman Voting NAY: NONE Whereupon said Ordinance was declared passed and adopted this 5th day of December, 1994 . Walter L. Stoltzman, Mayor , y ST: Mary ► Creager, Citd erk Published in the Forest Lake Times this 15th day of December, 1994 . 11 .. AFFIDAVIT OF PUBLICATION ORDINANCE 1994-293 STATE OF MINNESOTA AN ORDINANCE AMENDING CHAP- �+ TER 120 OF THE HUGO CITY CODE S S REGULATING AND LICENSING THE COUNTY OF WASHINGTON COLLECTION, STORAGE, AND DIS- POSAL OF GARBAGE, OTHER REFUSE, RECYCLABLES, AND YARD WASTE. THE CITY COUNCIL OF THE CITY Jan Chara i s , being duly sworn, on oath says that he or she is OF HUGO, WASHINGTON COUNTY, MINNESOTA DOES HEREBY OR- DAIN: the authorized agent and employee of the publisher of the newspaper Section 120-1. PURPOSE AND IN- TENT It is the intent of the City Council,by known as The Times, and has full knowledge of the facts which are stated means of this Chapter, to establish a system of complete regular garbage, below: refuse, major appliances, recyclables, and yard waste collection throughout the City in order to insure that the dis- (A)The newspaper has complied with all of the requirements con- posal of such materials is accomplished in a sanitary manner,safeguarding the health of the residents of the City,and to stituting qualification as a legal newspaper, as provided by Minnesota implement the State of Minnesota's re- cycling and solid waste reduction man- dates. Statute 331A.02,331A.07 and other applicable laws,as amended. Section 120-2. REPEAL OF INCON- SISTENT ORDINANCE notice That certain Ordinance, entitled (B)The printed public Chapter 120 Hugo Municipal Code, is hereby repealed in its entirety and re- placed by the conditions contains here. Section 120-3.DEFINITIONS The following usedwin, terms,Ch anto, which is attached was cut from the columns of said newspaper, and phrases, when in this Chapter, shall have the meaning ascribed to them in this section,except where the context was printed and published once each week, for one successive weeks; it clearly indicates a different meaning: Subd.A City means the City of Hugo, Washington County,Minnesota. was first published on Thursday , the 15 day of Subd. B Commercial Establishment _ —Any premises where a commercial or industrial enterprise of any kind is car- - December , 19 94 , and was thereafter printed and published each ried on. This includes restaurants, - clubs,churches,and schools where food is prepared or served. week to and including Thursday , the 15 day of Subd. C Construction Debris means waste building materials, packaging, and rubble resulting from construction, December , 19 94 • remodeling, repair, and demolition of - buildings and roads. Subd. D County means Washington • County,Minnesota. Subd. E Farm Waste means the by- B product from the managed production of . '' rspr 4h. 1 1 1,0' agricultural produce, to include crop- Administrative Ass i stdn ping,raising of livestock,dairy produc- tion E: and poultry operations. Subd. F Garbage means all putrescible wastes,excluding animal of- Subscribed and sworn to before me on fal and carcasses of dead animals,hu- man excreta sewage and other water- carried wastes. this Fifteen Subd. G Major Appliances means clothes washers and dryers, dishwash- ers,hot water heaters,heat pumps,fur- day of December , 1 9 94 naces,garbage disposals,trash compac- tors, conventional and microwave y ovens,d,hungesmidi and stoves,g airrs, ( lett 1�c ,� condition- ers,dehumidifiers,refrigerators,water '\r �-,,�Ml�J,�, 1 , softeners,and freezers. Subd.H Mixed Municipal Solid Waste (MSW) means garbage, other refuse, • •`i •••. *P N and other solid waste from residential, HO 'A -. 1- • commercial,industrial,and community •••.'r` ' M� n syr: Nr7iAft HN� lf HH TQ activities that the generator of the waste , Y aggregates for collection, but does not w .4)- pr( �� �t ++�A 1� CQ '{ include auto hulks, street sweepings, r'r s MY ccaM,(yi,I iON EXPI ash,construction debris,mining wastes, AR.R�I 1.6. 1995 sludges, tree and agricultural wastes, • tires,lead acid batteries,motor and ve- hiclefluidsandfilters,and other materi- (1)Lowest classified rate paid by commercial als collected,processed,and disposed of 5 80 - as separate waste streams. users for comparable space $ col.inch Subd.I Multiple Residential Dwelling —Any building used for residential pur- poses (2)Maximum rate allowed bylaw for the above consisting of more than four dwell- ing units with individual kitchen units matter $ fi_16 —col.inch for each. - Subd.J Organic Farm Waste means • crop residue and manure. (3)Rate actually charged for the abovo matter $ 5.80 col.inch • Subd. K Other Refuse means ashes, - nonrecyclable glass,crockery,cans,pa • - per, boxes, rags, and similar nonpu- (4)Rate actually charged for additional trescible wastes, but excluding sand, insertions $ col.inch earth,brick.stone,concrete,wood,and problem materials as defined in M.S. 1 - 115A.03,Subd.25a. Subd.L Recyclables means materials Section 120-5.LITTERING which may be recycled or reused The discharging or depositing of MSW Clerk by November 1st of each year for through recycling processes including on any street,alley,drive,park,play- renewal of the license for the following targeted recyclables. ground,or other public place or any pri- year.Renewal applications received on Subd.M Residential Dwelling—Any vately owned lot in the City by any per- or after November 1st will be adminis- single building consisting of four or less son is unlawful. MSW is the tered as an application for a new li- dwelling units with individual kitchen responsibility of the property owner un- cense. facilities for each. til such time as trash is collected by a li- Subd.F The City Clerk shall issue li- Subd.N Solid Waste means garbage, censed hauler. cense renewals after: refuse, sludge from a water supply Section 120-6, SCAVENGING PRO- 1.The applicant has completed and treatment plant or air contaminant HIBITED submitted all required forms and appli- treatment facility,and other discarded It is unlawful for any person to cations. waste materials and sludges, in solid, scavenge or otherwise collect MSW or 2.The applicant has provided proof of semi-solid,liquid,or contained gaseous other recyclable materials at the curb or insurance, as required under Section form, resulting from industrial, corn- from recyclable containers without a li- 120-10 of this Ordinance. mercial,mining and agricultural opera- cense from the City and an account rela- 3.The applicant has paid to the City tions, and from community activities, tionship with the owner of the premises. the required license fee. but does not include hazardous waste; Section 120-7.EXCEPTION 4.In the case of a license renewal,the animal waste used as fertilizer;earthen Nothing in this Section shall prevent Clerk has determined that the applicant fill,boulders,rock;sewage sludge;solid persons from hauling MSW or other is operating in good standing with the or dissolved material in domestic sew- waste from their own residences or busi- City by: age or other common pollutants in water ness properties, provided the following a.Verifying that all written corn- resources,such as silt,dissolved or sus- rules are observed: plaints received from residents or busi- pended solids in industrial waste water Subd.A The disposal method must in- ness owners of the City, regarding the effluents or discharges which are point sure that all waste will be deposited into applicant's service under the terms and sources subject to permits under Section a licensed, environmentally safe land conditions of the license have been re- 402 of the Federal Water Pollution Con- fill,or resource recovery facility. solved or are likely to resolved in the trol Act,as amended,dissolved materi- Subd.B That all garbage is hauled in near future. als in irrigation return flows;or source, containers that are water-tight on all b.Verifying the applicant has per- special nuclear,or by-product material sides and the bottom,and with tight-fit- formed to the standards and conditions as defined by The Atomic Energy Act of ting covers on top. of the license. 1954,as amended. Subd.C That all other refuse and recy- Subd. G The City Clerk shall issue a Subd. 0 Special Pick-Up means any clables are hauled in vehicles with leak- new license,or transfer ownership of a collection of materials other than gar- proof bodies and completely covered or license, upon completion of the follow- bage,refuse,recyclables or yard waste enclosed by canvas or other means of ing: including major appliances, furniture, material so as to completely eliminate a.Receipt from the applicant of all re- oversized materials, and construction the possibility of loss of cargo. quired forms and applications, fully debris. Subd.D That recyclables be disposed completed. Subd.P Targeted Recyclables means of at a recycling facility,an organized b.Receipt of the required proof of in- metal beverage containers, tin cans, recycling drive, or through a licensed surance,as required under Section 120- glass containers (clear, green and recycling hauler. 10. brown glass containers and excludes all Subd.E That yard waste may be corn- c.Receipt from the applicant of the window pane glass),news print,glossy posted privately,be disposed of at an ap- required license fee. magazines,corrugated cardboard,car/ proved composting facility,or through a d.In the case of an initial application tractor batteries,or other materials as licensed garbage and refuse hauler. by a new licensee,said licensee shall be Section 120-8. SOLID WASTE COL- defined by Council resolution required to deposit an investigation fee LECTION LICENSE of Five Hundred Dollars($500.00). Subd.Q Tree Waste means tree limbs, No person shall collect MSW from e.Completion of a background investi- trunks,and hard brush. residents within the City without first se- gation report determining the appli- Subd.R Yard Waste means leaves and curing a license from the City.The City cant's ability to provide adequate and grass clippings or other similar soft or- Council, in the interest of maintaining reliable service under the conditions of ganic materials. healthful and sanitary conditions in the the Ordinance. Section 120-4.DISPOSAL GENERAL- City,as well as to protect the public in- f.Approval of license issuance, or LY frastructure,hereby reserves the right transfer of license,by the city Council. Subd. A All persons are required to to limit the number of licenses to six. Section 120-10. INSURANCE RE- make adequate provisions for the sani- Section 120-9. LICENSE REQUIRE- QUIREMENT tary disposal of MSW by means of a li- MENTS An applicant must obtain all the insur- censed private collector unless they In order to avoid disruption of collec- ance required by this Section.All costs have provided for adequate means of tion services to businesses and residents and expense are the responsibility of the disposal which meets the approval of the of this City,licenses will first be made applicant.All insurance coverage is sub- City Council,and which comply with all available to those haulers in good stand- ject to the approval by the City.For a li- ordinances and regulations of the City, ing which are operating in the City at the cense to remain valid,insurance cover- County,and State. time of enactment of this ordinance.All age must be maintained by the licensee Subd. B It shall be unlawful for any persons engaged in the business of solid during the term of the license.No work person to fail to dispose of MSW that waste collection in the City must have a under this license shall be commenced may accumulate upon property owned license by December 31, 1994.Each li- until the following requirements have or occupied by a person at least once ev- censee and hauler shall be subject to the been satisfied: ery 14 days.Every person who fails or following restrictions: Subd.A The licensee shall obtain and refuses to make provisions for and se- Subd.A The license shall be valid for maintain statutory Workers'Compensa- cure disposal of such shall be guilty of a one year,and shall expire on the 31st of tion insurance and Employers'Liability misdemeanor. December each year, unless revoked insurance as required under the laws of Subd. C It shall be unlawful for any sooner. the State of Minnesota and shall hold the person to dispose of yard and tree waste Subd. B The license is non-transfer- City free and harmless from all liability into the MSW waste stream.Yard waste able,unless approved by the City Conn- from any cause that may arise by any shall be disposed of by: cil.The licensee shall not be entitled to a reason of injuries to any employee or the 1.Contracting with a licensed private refund of any license fee upon revoca- licenses. collector to haul the yard waste to a tion or voluntarily ceasing to carry on Subd.B In the event the licensee is the County approved compost site. the license activity. sole proprietor and has not elected to 2.The resident transporting the yard Subd. C An applicant for a license provide Workers' Compensation insur- waste to an approved compost site. shall make application to the City Clerk ance, the licensee shall be required to 3.Composting the yard waste on the through forms and procedures pre- execute and submit an affidavit of sole resident's property. scribed by the City Clerk.The applica- proprietorship in a form satisfactory to 4.Burning in compliance with Hugo tion for a license shall contain,as a min- the City or provide satisfactory evidence City Ordinance. imum,the following information: of self-insurance according to law. Subd. D It shall be unlawful for any 1.The name, phone number, and Subd. C The license applicant must person to permit MSW to be removed current address of the applicant. present proof of insurance on each vehi- from their property by an unauthorized 2.A list of the place or places to which cle with an insurance company licensed or unlicensed collector. the solid waste and/or recyclables are to to do business in the State of Minnesota. Subd.E Major appliances may be col- be hauled. The minimum limits of the policy shall lected by a licensed private hauler, or 3.Information about the location and be Two Hundred Thousand Dollars by a Minnesota Pollution Control Agen- method of storage of collected recycla- ($200,000.00)for bodily injuries or death cy approved appliance collector. ble materials, including evidence of of one person, and Six Hundred Thou- Subd.F Residents of residential dwell- compliance with all City,County,State, sand Dollars ($600,000.00) for any one ing units are required to separate tar- and Federal laws and regulations. accident resulting in injuries and/or geted recyclables from the waste Subd.D An annual license fee shall be death of more than one person,and a to- stream for recycling. established by resolution of the City tal of Two Hundred Thousand Dollars Subd. G It shall be unlawful for a li- Council. ($200,000.00)for damages to property of censed private collector to pick up gar- Subd. E Applications for license re- others arising out of any accident. bage and other refuse which has not had newal must be received by the City recyclables removed for separate pick up. 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.