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ORD 91-1591-15 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA AN ORDINANCE REGULATING AND CONTROLLING THE GENERATION, COLLECTION, TRANSPORT AND DISPOSAL OF SOLID WASTE WITHIN THE CITY OF OTSEGO AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF. The following official summary of this ordinance has been approved by the Otsego City Council as clearly informing the public of the intent of the ordinance: INTENT AND EFFECT: It is the intent and effect of the above entitled ordinance to regulate the generation, collection, transport and disposal of solid waste within the city; to provide for the health, safety and welfare of the public and to comply with the policies and purposes of the State of Minnesota relative to the generation and disposal of solid waste. GENERATION AND COLLECTION OF MIXED MUNICIPAL SOLID WASTE: The ordinance establishes standards for storage of waste by generators on the premises where the waste is generated and for the containers used for the storage. Collectors of solid waste are required to obtain a City Collector License and procedures for obtaining that license are established. Fees for that license are to be set resolution of the City Council. An exemption from the license requirement is provided for persons hauling waste generated on the premises used by that person. Charges for collection services are required to be set by volume of waste collected. Standards are established for containers and vehicles used by collectors of solid waste. Commingling of mixed municipal solid waste and other waste is prohibited. Ownership of the waste is established at each of the collection and disposal process. GENERATION AND COLLECTION OF HAZARDOUS WASTE: Generators of hazardous waste located within the city are required to be licensed by the State of Minnesota. Collection of hazardous waste is limited to collectors licensed by the State of Minnesota to handle such materials. Disposal of hazardous waste in an improper manner is prohibited. YARD WASTE: Generators of yard waste are required to source separate that waste. Yard waste is required to be disposed of in a separate waste stream and disposal of yard waste in a landfill is prohibited. Self composting of yard waste by the generator is encouraged. RECYCLING: Collectors of recyclable materials are required to obtain a City Collectors License. Collectors operating in the city are required to provide an opportunity for curbside recycling of designated materials and report on the amount of recyclable material collected. Generators of recyclable waste material are required to source separate those materials. Material designated for source separation include glass, paper, aluminum, other metal cans and plastics. Designation of other materials to be source separated is left to the discretion of the City Council. Standard for containers for recyclable set out for collection are established. It is made unlawful for any person other than a licensed collector or other authorized persons to disturb recyclable set out for collection. Recyclable materials are required to be recycled and liability for improper disposal of recyclable is established. A right for individuals to dispose or recyclable materials in any established recycling program for cash or charity is established. WASTE DISPOSAL FACILITIES: Location of any waste disposal facility other than a yard waste disposal facility is prohibited within the City. A waiver process is established to allow the City Council to allow location of waste disposal facilities on a site specific basis. Backyard yard waste composting facilities and individual waste disposal facilities are exempted form the prohibition if they comply with stated conditions. Location of any waste disposal facility, including a yard waste disposal facility, within 300 prohibition is made non-waiverable. Yard waste composting facilities are allowed in portions of the city zoned for industrial or agricultural use. A City Yard Waste Composting Facility License is required for these facilities and a process for obtaining said license and is established. Fees are to be set by the City Council by resolution. Standard for facility location, waste acceptance and operation are established. Reporting by the facility operator is required. Landspreading of yard waste is allowed. A City Yard Waste Composting Facilities. Standards for facility location, waste acceptance and operation are established. Reporting by the facility operator is required. An exemption is provided for incorporation of agriculture waste generated ont he land into which it is incorporated. VIOLATIONS AND PENALTIES: Criminal penalties are established for violation of any part of the ordinance. The city may seek injunctive relief to prevent, restrain, correct or abate any violation of the ordinance. The city may seek recovery of any costs it incurs in any corrective action in a civil action or it may certify those costs as a special assessment against the real property involved where allowed by law. LIABILITY AND INDEMNIFICATION: The city is established as a regulator of waste disposal other than its own waste and is not held accountable for liability accruing to any other generator, collector or disposal facility. Generator, collectors and owners and operators of facilities are required to indemnify the city against claims for damages that may special assessment against the real property involved where allowed by law. LIABILITY AND INDEMNIFICATION: The city is established as a regulator of waste disposal other than its own waste and is not held accountable for liability accruing to any other generator, collector or disposal facility. Generator, collectors and owners and operators of facilities are required to indemnify the city against claims for damages that may arise through the generators, collectors or facility owner or operators actions. EFFECTIVE DATE: The ordinance is made effective upon adoption and publcation according to law. is summary &pproveo by the Otsego City Council this z- day of 1 1991. No an Freske, Mayor J orae Perrault, City Clerk 3 91-15 AN ORDINANCE REGULATING AND CONTROLLING THE GENERATION, COLLECTION, TRANSPORT AND DISPOSAL OF SOLID WASTE WITHIN THE CITY OF OTSEGO AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF: The City Council of the City of Otsego ordains that the following shall be the Waste Management Ordinance for the City of Otsego: PURPOSE: Purpose: It is the policy of the City of Otsego to comply with the policies and purposes of the State of Minnesota as stated in Minnesota Statute 115A.02, as amended, and further to provide a safe and healthy environment for the citizens of the City. The Solid Waste Management Ordinance governs the collection, transportation and disposal of all waste generated within, transported through or within and disposed of within the corporate limits of the City. DEFINITIONS: The following terms have the meaning given below for purposes of this Ordinance. A. Agency: The Minnesota Pollution Control Agency. B. City: The City of Otsego. C. County: Wright County. D. Collection: The aggregation of any waste from the place at which it is generated including all activities up to the time the waste is delivered to a waste facility. Minn. Stat. 115A.03, Subd. 3. E. Collector: Any person who performs the act of waste collection including any generator who transports waste generated by that person to any facility whether the facility is located within or outside of the City. F. Construction debris: Waste building materials, packaging and rubble resulting from construction, remodeling, repair and demolition of buildings and roads but specifically excluding any and all hazardous waste, hazardous materials or problem materials. Minn. Stat. 115A.03, Subd. 7. G. City Council: The governing body for the City of Otsego. H. Disposal or Dispose: The discharge, deposit, injection, dumping, spilling, leaking, or placing of any waste into or on any land or water so that the waste, or any constituent thereof, may enter the environment, or be emitted into the air, or discharged into any waters including groundwater. Minn. Stat. 115A.03, Subd. 9. I. Disposal Facility, Waste: Waste facility permitted by the Agency and other applicable government authority that is designed or operated for the purpose of disposing of waste on or in the land, together with any appurtenant facilities needed to process waste for disposal or transfer to another waste facility. Minn. 1 Stat. 115A.03, Subd. 10. J. Flood Plain: The areas adjoining a watercourse which has been or hereafter may be covered by the 100 year flood as determined by the use of the 100 year flood profile and other technical data in the Flood Insurance Study. K. Garbage: Discarded material resulting from the handling, processing, storage, preparation, serving and consumption of food. Minn Rules 7035.03, Subp. 40. L. Generate or Generation: The act or process of producing waste. Minn. Stat. 115A.03, Subd. il. M. Generator: Any person who generates waste. Minn. Stat. 115A.03, Subd. 12. N. Hazardous waste: Any refuse, sludge, or other waste material or combinations of refuse, sludge or other waste materials in solid, semi-solid, liquid or contained gaseous form which because of its quantity, concentration, physical or infectious characteristics may (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed. 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 byproduct material as defined by the Atomic Energy Act of 1954, as amended. Minn. Stat. 116.06, Subd. 13. O. Landspreading: The placement of waste or waste by- products on, or incorporation of them into, the soil surface. Minn. Rules 7035.03, Subp. 54. P. Leachate: Liquid that has percolated through solid waste and has extracted, dissolved, or suspended materials from it. Minn. Rules 7035.03, Subp. 56. Q. Major appliance: Clothes washers and dryers, dishwashers, hot water heaters, garbage disposals, trash compactors, conventional ovens, ranges and stoves, air conditioners, refrigerators and freezers. Minn. Stat. 115A.03, Subd. 17a. R. Mixed Municipal Solid Waste: Garbage, refuse, and other solid waste from residential, commercial, industrial, and community activities which is generated and collected in aggregate, but does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural wastes, tires, lead acid batteries, used oil, and other material collected, processed and disposed of as separate waste streams. Minn Stat. 115A.03, Subd. 21. S. Operator: The person or persons responsible for the 2 operation of any facility. Minn. Rules, Subp. 73. T. Owner: An individual, association, syndicate, partnership, corporation, trust or any other legal entity holding an equitable or legal ownership interest in land, buildings, structures, dwelling unit(s), or other property. U. Person: Any individual or entity. V. Processing: The treatment of waste after collection and before disposal. Processing includes, but is not limited to reduction, storage, separation, exchange, resource recovery; physical, chemical or biological modification including composting, and transfer from one waste facility to another. Minn Stat. 115A.03, Subd. 25. W. Recyclable material: Any materials that are separated from mixed municipal solid waste for the purpose of recycling except that refuse derived fuel or other material destroyed by incineration is not a recyclable material. Minn Stat. 115A.03, Subd. 25a. X. Recycling: The process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. Minn. Stat. 115A.03, Subd. 25b. Y. Refuse: Putrescible and nonputrescible solid wastes, including garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, and market and industrial solid wastes, and including municipal treatment wastes which do not contain free moisture. Minn. Rules, 7035.03, subp. 89. Z. Release: Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injection, escaping, leaching, dumping, or disposing into the environment which occurred at a point in time or which continues to occur. 115B.02, Subd. 15. AA. Rubbish: Nonputrescible solid wastes, including ashes, consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, or litter of any kind. Minn. Rules, 7035.03, subp. 94. AB. Runoff: Any liquid that drains over land from any part of a facility. Minn. Rules, 7035.03, Subp. 95. AC. Sewage sludge: The solids and associated liquids in municipal waste water which are encountered and concentrated by a municipal waste water treatment plant. Sewage sludge does not include incinerator residues and grit, scum, or screenings removed from other solids during treatment. Minn. Stat. 115A.03, Subd. 29. AD. Sludge: Any solid, semi-solid or liquid waste generated from a municipal, commercial or industrial 3 waste water treatment plant, water supply treatment plant or air contaminant treatment facility, or any other waste having similar characteristics and effects. Minn. Stat. 116.06, Subd. 9i. AE. Solid waste: Garbage, refuse, sludge from a water 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 the Federal Water Pollution Control Act as amended or applicable state law, dissolved materials in irrigation return flows or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended. Minn Stat. 116.06, Subd. 10. AF. Source separation: The segregation by the generator of recyclable and reusable materials and yard waste from mixed municipal solid waste for collection in a separate waste stream resulting in reuse, recycling, resource recovery or other processing resulting in a usable end product. AG. Waste: Solid waste, sewage sludge and hazardous waste. Minn. Stat. 115A.03, Subd. 34. AH. Wetland: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that in normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands have the following general diagnostic environmental conditions. a. Vegetation. The prevalent vegetation consists of macrophytes that are typically adapted to areas having hydrologic and soil conditions described above. Hydrophytic species, due to morphological, physiological and/or reproductive adaption(s), have the ability to grow, effectively compete, reproduce and/or persist in anaerobic soil conditions. The period of inundation or soil saturation varies according to the hydrologic/soil moisture conditions. b. Soil. Soils are present and have been classified as hydric, or they possess characteristics that are associated with reducing soil conditions. c. Hydrology. The area is inundated either permanently or periodically at mean water depths < 2 4 meters (6.6 feet), or the soil is saturated to the surface at some time during the growing season of the prevalent vegetation. The period of inundation or soil saturation varies according to the hydrologic/soil moisture regime. Indicators of vegetation associated with wetlands, of development under reducing conditions, and of hydrologic conditions that occur in wetlands are listed in the "Corps of Engineers Wetlands Delineation Manual", (U.S.-ALOE, Environmental Laboratory, 1987. Technical Report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, Miss.). As defined here, wetlands also include any watercourse, natural drainage system, water body, storm water detention basin or wetland that may be subject to periodic flooding, overflow, and/or seasonal high water table. AI. Yard waste: Garden wastes, leaves, lawn cuttings, weeds and prunings generated at residential or commercial properties. Minn. Rules, 7035.03, Subp. 121. AJ. Yard waste composting facility: A facility that accepts yard waste originating on other property and processes that waste to produce a useable end product. 6-1-3: COLLECTION: A. Scope: The following sections apply to all solid waste generated and collected within the City including, but not limited to, mixed municipal solid waste, yard waste, industrial waste, commercial waste, construction debris, hazardous waste, household hazardous waste, recyclable materials, other solid waste and waste. B. Responsibility for collection: The owner and the occupant of any premises, business establishment, or industry and the collector or collection service shall be responsible for the satisfactory and prompt collection of all waste accumulated at a premises, business establishment or industry and its transportation to an appropriate waste disposal facility for which a permit has been issued by the Agency and the local government with the jurisdiction and responsibility to do so. C. Generators: 1. Waste storage: The owner and the occupant of any premises, business establishment, or industry shall be responsible for storing the generated waste in a satisfactory manner that prevents threats to community health, safety and welfare. Storage of waste by any collector is prohibited within the limits of the City. a. Garbage containers: Garbage and any 5 putrescible material shall be placed in a durable, rust resistant, non-absorbent, watertight, rodent proof cleanable container with a close fitting, fly -tight cover. b. Refuse containers: Refuse must be stored in a durable container that is waterproof. Where refuse and any garbage or putrescible material are stored together the container must meet the requirements of part 3.3.1.1. C. Container size and type: Contractual relationships between individual generators and collectors may determine the allowable size of the container and the construction material as long as the chosen container meets the above standards and serves to protect the health, safety and welfare of the community. d. Container maintenance: All storage containers shall be maintained to prevent creation of a nuisance or any menace to public health. e. Exceptions: Any objects or materials to large or otherwise unsuitable for storage containers shall be stored in a pollution and nuisance free manner that meets the intentions of the above sections and is in compliance with applicable federal, state, County and City Statutes, Regulations, Rules, ordinances and resolutions. D. Collectors: 1. Collector contracts: The collection of mixed municipal solid waste shall utilize free contracting between individual generators and collectors except as regulated by this Ordinance. 2. License: a. Required: Collectors of any solid waste, including source separated recyclable materials and yard waste, that operate in the City shall obtain a City Collectors License and no collector shall operate within the City without such a License. The City Collectors License is revocable upon violation of any part of this Ordinance or any conditions attached by the City to the License. Issuance of the License does not constitute endorsement of the collector nor does it indicate any intention on the City's part to be bound or held liable for any actions taken by the collector or the results of those actions. b. Validity: The City Collectors License shall be valid for one year from the date of issuance unless revoked earlier and shall be renewable upon application and payment of a renewal fee prescribed by resolution of the City Council. C• Application: Applicants for City Collector's Licenses shall make application to the City on forms provided by the City and through Procedures prescribed by the City Council. d. Issuance: City Collector's Licenses shall be granted to any collector of solid waste upon presentation to the City Clerk of evidence of a current State of Minnesota and Wright County License, evidence of adequate levels of insurance coverage and posting of a bond in the name of the City of Otsego. An applicant denied a License may have the decision reviewed by the City Council. The applicant shall request such review in writing within ten (10) days after denial of the License. e. Fee: The annual City Collectors License fee shall be set by the City Council by resolution. f. License bond: The amount of the required bond shall be set annually by resolution of the City Council. The bond posted as a License requirement is intended to provide indemnification to the City in the event of a release of any waste that is related to the bonded collector's activities. The posting of this bond does not relieve the collector of any liability for the release of waste. In the event that the City is caused to respond the bond will be forfeited to the extent of the City's response costs. If the response costs exceed the bond amount the collector shall remain liable to the City for costs in excess of the bond amount. g. Insurance: City Collector's License applicants shall furnish the City with 7 certificates of insurance containing a 30 day cancellation notice issued by insurers duly licensed by the State of Minnesota. Insurance must include the following: (1). Commercial or business vehicle liability insurance, including non -owned and hired vehicles, with combined single liability limits not less than $500,000 per occurrence. (2). Workers Compensation Insurance in accordance with Minnesota Statute $176.182, and including Employers Liability coverage with limits not less than $100,000. h. Revocation: The City Council may suspend or revoke the City Collector's License of any collector whose conduct is found to be in violation of this Ordinance. Suspension or revocation may also be based on other health, safety and welfare concerns arising out of the performance of any licensed collector. Revocation or suspension shall be preceded by a public hearing conducted in accordance with Minnesota Statutes, Chapter 14.57 to 14.70. The City Council may appoint a hearing examiner or may conduct the hearing itself. The hearing notice shall be given at least ten (10) days prior to the hearing, shall include notice of the time and place of the hearing and shall state the nature of the charges against the collector. Notice shall be provided to the collector by mail. 3. License Buemptions: The license requirements of this Ordinance shall not apply to persons who haul garbage, refuse, or recyclables from their own residence or business property, provided the following conditions are met: a. Garbage and refuse are hauled in containers meeting the standards established in this Ordinance; b. Garbage and refuse is disposed of only at designated sanitary landfills or other facilities authorized by the County; C. Recyclables are disposed of only at a recycling facility, an organized recycling drive, or through licenced collectors; 8 d. Yard waste is privately composted, or is disposed of at a composting facility authorized by the government agency or political subdivision with jurisdiction to do SO. 4. No vested right: No collector holding a City Collector's License pursuant to this Ordinance shall acquire a vested right of any kind in that License. The City may, upon finding that public necessity requires, determine to establish other means of refuse collection. 5. Charge for service: Licensed collectors of mixed municipal solid waste shall not charge their customers a flat fee. To the extent possible, charges shall reflect the volume or weight of mixed municipal solid waste collected. 6. Duty to provide service: A Licensed collector of mixed municipal solid waste shall pick up all such waste which has been deposited for collection pursuant to this Ordinance and the contract between the collector and the generator. 7. Liability: Any non -licensed collector operating within the City shall be liable for any damage or threat to community health, safety and welfare and subject to this Ordinance just as if that collector had obtained a City Collectors License. 8. Containers and vehicles: Collectors of waste shall utilize vehicles and containers that are covered, leak proof, durable, of easily cleanable construction and suitable for the type of waste being collected. The vehicles and containers shall be cleaned to prevent nuisances, pollution, vermin and insect breeding and shall be maintained in good repair and serviceable condition at all times. 9. Releases of Waste: If any material is released from a collector's vehicle or container the collector shall pick up the material immediately and properly clean the area. If the material is hazardous in nature or a hazardous waste the collector must immediately notify the City and comply with all other applicable Statutes, Rules and Regulations. E. Acceptable waste: Mixed municipal solid waste, source separated recyclable material, and yard waste are the 9 only materials authorized for regular collection by persons holding City Collectors Licenses. All other waste types require special arrangement with a collector licensed and authorized by the State of Minnesota and the County to transport that type of waste. Notice shall be provided to the City of the collection of other waste types waste before it is collected. 1. Waste Oil: Disposal of waste oil in any form as part of the mixed municipal solid waste stream is prohibited. 2. Lead Acid Batteries: Disposal of lead acid batteries, or any part of those batteries containing traces of lead or acid, as part of the mixed municipal solid waste stream is prohibited. 3. Tires: Disposal of tires, used or new, as part of the mixed municipal solid waste stream is prohibited. F. Ownership of waste: Ownership of the waste shall transfer from the generator to the collector upon collection. At no time shall ownership of any waste reside in the City. If the City comes into possession of any waste as a result of a response to a release, ownership continues to vest in the person owning the waste at the time of the release. 6-1-4 HAZARDOUS WASTE: A. Generation: Any person generating hazardous waste within the City shall hold a license issued by the Agency. If the County undertakes the issuance of licenses for the generation of hazardous waste all generators located within the City shall be so duly licensed. B. Collection: Hazardous waste shall be collected only by handlers of hazardous materials duly licensed by the State of Minnesota and the County. In the event that any hazardous waste is released in the City the collector or transporter shall immediately notify City authorities and shall immediately begin removal and remedial actions designed to protect the environment and the health, safety and welfare of the residents of the City. C. Disposal: Disposal of hazardous waste within the City is prohibited. Any collector or transporter operating within the City shall dispose of hazardous waste only in accordance with applicable Federal Law, Minnesota Statutes and the Rules promulgated by the Agency. Wk 6-1-5 YARD WASTE: A. Source separation: All persons who are owners, lessees, or occupants of any building, commercial or residential, within the City that generates yard waste shall separate that yard waste from all solid waste. Commingling of yard waste and mixed municipal solid waste is prohibited. B. License required: Collector's of yard waste shall hold a valid City Collectors License. C. Collection: The collection, removal, and disposal of yard waste shall be by contract with a collector duly licensed to perform such collection by the Agency and the County and holding a City Collectors License. Yard waste shall'be collected as part of any regular system of collection of mixed municipal solid waste operated within the City. Such collection shall be in accordance with the Collection Section, Section 3, above, and the following Subsections. 1. Responsibility: The owner and the occupant of any premises, business establishment, or industry and the collector or collection service shall be responsible for the satisfactory and prompt collection of all yard waste accumulated at a premises, business establishment or industry and its transportation to an appropriate waste disposal facility for which a permit has been issued by the Agency and the local government with the jurisdiction and responsibility to do so. 2. Suitable material: Yard waste is the only material suitable for collection in this separate waste stream. Inclusion of any feces, animal or human, in the yard waste placed for collection shall be considered a nuisance and is prohibited. 3. Placement: Yard waste shall be placed separately from other solid waste by the owner or resident of the property from which the waste is derived. 4. Collection sites: Yard waste collection sites shall be located at the property or residence generating the waste or at a suitable nearby location that is accessible to the owner or resident and the collector. 5. Containers: Yard waste shall be separately contained in bags that prevent the release of any such yard waste, are odor proof and which are capable of being lifted and transported without 11 breakage. 6. Accumulation: Yard waste shall not be allowed to accumulate in excessive amounts that represent a hazard to public health. Accumulation of excessive amounts of yard waste at any property or collection location shall be considered -a public nuisance. D. Disposal: Yard waste generated in the City shall not be disposed of in any landfill. The preferred method for yard waste disposal is composting that produces a usable end product or incorporation into the soil as an agricultural amendment. E. Self composting encouraged: Self composting of yard waste in a backyard composting facility or by leaving lawn clippings in place is encouraged as an efficient, safe and cost effective method of disposal for this waste. 6-1-6 RECYCLING: A. License required: Collectors of recyclable materials shall hold a valid City Collector's License. B. Opportunity to recycle: Each licensed collector shall provide its customers with an opportunity to recycle through weekly curbside collection of the recyclables targeted below. The targeted recyclables shall be collected from a site at or near the customers mixed municipal solid waste collection site. The City Collector's License may specify how and where a customer is to place recyclables for collection. C. Ownership of recyclables: The holder of the City Collection License is deemed the owner of the recyclables upon collection and may market them. D. Quarterly report on recyclables: Each Licensed collector of recyclable materials shall submit a quarterly report to the City to include the weight in tons of mixed recyclables collected by that Licensee within the City. The report shall be due on or before the twentieth day of the month following the close of the quarter on a form prescribed by the City. The report shall also identify the estimated weight of each type of recyclable collected, distinguish domestic collection tonnage from commercial/business tonnage, and describe how the weights were calculated. E. Source Separation: 1. Pre -collection: All persons who are owners, 12 lessees, and occupants of any building, commercial or residential, within the City that generates mixed municipal solid waste shall separate from all solid waste the following designated recyclable materials before disposal, removal or collection: a. Paper recyclables: Paper recyclables shall be bundled separately and/or secured in such a manner as to prevent them from being blown or scattered, and shall be maintained in a dry condition free of any other substance and shall not be placed in plastic bags. b• Aluminum recyclables: Aluminum recyclables shall be clean of all contents and shall not be placed in plastic bags. C. Glass recyclables: Glass recyclables shall be clean of all contents with caps, lids and all metal removed prior to collection and shall not be placed in plastic bags. d• Non -aluminum can recyclables: Non -aluminum can recyclables shall be clean of all contents and shall not be placed in plastic bags. e• Plastic recyclables: Plastic recyclables shall be designated by resolution of the City Council and shall be clean of all contents with caps, lids and all metal removed prior to collection. f. Other: Any other material designated as a source separated recyclable material by resolution of the City Council. These materials shall be packaged for collection as directed in the City Councils resolution. 2. Containers: All source separated recyclable materials shall be placed into containers and not mixed with other forms of solid waste or mixed municipal solid waste. Containers shall be maintained in a clean and sanitary condition in accordance with all pertinent health statutes, ordinances, rules and regulations. The style, type and construction material for the containers may be designated by the collector as long as the designated container is in accordance with this Ordinance and is adequate and substantial enough to contain the recyclables therein. Further specifications for containers may be adopted by 13 - the City Council by resolution. F. Collection: The collection, removal and disposal of recyclable material shall be by contract with a collector duly licensed to perform such collection by the Agency and the County and holding a City Collector's License. It shall be unlawful for any person other than a contracted collector, a City employee acting with authority, or any other authorized person to distribute, collect, remove, disturb or dispose of recyclable materials after said materials have been placed or deposited for collection. G. Disposition of recyclable materials: 1. Disposal of recyclable materials: Any source separated recyclable materials shall be delivered for reuse in their original form or for use in a manufacturing process that does not cause the destruction of recyclable materials in a manner that precludes further use. 2. Other disposal of recyclable material: Disposal of source separated recyclable material in any manner other than stated in Section 6-1-7 shall operate to void the exemption from mixed municipal solid waste as to that material and brings that material within the full scope of this Ordinance. 3. Liability for cost of proper disposal: The collector of the material in question shall be liable for all costs and charges relating to the proper disposal of the material after the exemption is void and the collector's City Collection License may be revoked for any such improper disposal. H. Right to individual disposal of recyclable materials: Nothing in this Ordinance shall abridge the right of any person to give or sell their recyclable materials to any recycling program lawfully operated for profit, non-profit, or charitable purposes. 6-1-7 WASTE DISPOSAL FACILITIES: The following sections control the location, use and operation of waste disposal facilities located within the corporate limits of the City. These sections are intended to complement, conform to and operate in conjunction with the City Zoning Ordinance and the City's Comprehensive Plan. A. Floodplain and wetland prohibition: No waste disposal facility of any type or kind shall be located in, on, or within 300 feet of a flood plain or a wetland. This 14 prohibition is not waiverable in reference to any facility and overrides any and all waivers or conditional uses allowed. B. Waste disposal facilities: 1. Prohibition: Location of any waste disposal facility, including, but not limited to, a landspreading facility for other than yard waste, a construction debris disposal facility, a mixed municipal solid waste disposal facility, an industrial waste disposal facility, a hazardous waste disposal facility, an infectious waste disposal facility or any waste incineration facility within the corporate limits of the City is prohibited except as allowed in the immediately following section. This prohibition is based on the City Council's finding that the soil types and subsurface material within the City and the City's proximity to a major surface water course generally preclude the location of these types of facilities within the City. 2. Backyard yard waste composting facilities: Backyard yard waste composting facilities are exempt from this Ordinance to the extent that they do not have any deleterious effect on the public health, environment, surface water or groundwater. This exemption shall be void if it is found that a deleterious effect has resulted or is resulting from the disposal and upon such a finding such waste shall come within all of the terms of this Ordinance. Proof of the lack of deleterious effect is the burden of the generator. 3. Individual waste disposal facilities: Where regular collection services are not available, mixed municipal solid waste resulting from a single family's domestic use and disposed of on that family's property is exempt from this Ordinance to the extent that it does not have any deleterious effect on the public health, environment, surface water or groundwater. This exemption shall be void if it is found that a deleterious effect has resulted or is resulting from the disposal and upon such a finding such waste shall come within all of the terms of this Ordinance. Proof of the lack of deleterious effect is the burden of the generator. 4. Waiver: It is within the discretion of the City Council to waive the prohibition on waste disposal facilities on a site specific basis. This Mi discretionary waiver of the prohibition shall be preceded by submission of facts and plans by the proposed operator and owner of the facility, a public hearing and issuance of a decision by the City Council. If allowed by the City Council the facility must, at a minimum, conform to the rules promulgated by the Agency for the type of waste facility allowed. a. Facts and plans: Facts and plans shall contain the following materials, at a minimum, and any other materials requested by the City Council: 1) name of the site owner; 2) name of the site operator; 3) address of a contact person for the facility operation; 4) a telephone number for the contact person; 5) location of the site; 6) an environmental impact statement or environmental assessment worksheet, as applicable, including but not limited to, an assessment of the potential impact on surface and groundwater, the potential for litter, the potential for particulate air pollution, the potential for runoff, the potential for leachate formation and the potential for excessive or offensive odors; 7) a description of any processing of the waste; 8) the plan for acceptance and disposal of the waste; 9) the end product of the process and its planned disposition if the waste is processed; 10) a description of steps to be taken to abate, ameliorate or negate the potential environmental hazards; 11) any preliminary information or indications from the Agency or any other governmental or private organization relative to the potential hazards or problems with the site. b. Notice: Notice of the public hearing shall be given 30 days prior to the hearing. Notice shall be published in a newspaper of general circulation in the City and mailed notice shall be provided to landowners adjacent to the proposed site. The notice shall indicate the type of facility proposed, it's location, the time and date of the public hearing and shall state the fact that the plans and facts relevant to the proposal are available for public review in the City Offices. The facts and plans submitted by the operator shall be made available to the public during the notice period, during normal business hours, at the City offices. 16 C. C. Public hearing(s): Public hearing(s) shall be held by the City Council and all interested parties who request time to present information shall be given such time. Time to present information shall be allotted at the discretion of the City Council but shall be reasonable and equitable in amount. Written comments and objections may be submitted for the City Council's information and review. Records of the hearing shall be kept and such records shall consist of copies of all written materials and transcripts or recordings of the hearing(s). d. City Council Decision: The City Council shall render a decision within 60 days of the final public hearing. A decision to allow the facility constitutes a Conditional Use Permit and the City Council may attach such conditions as it feels are appropriate to protect the public health, safety and welfare and the environment. A negative decision must be accompanied by the reason for the decision. Any decision is appealable as allowed by law. Yard Waste Composting Facilities: 1. License: a. Required: operation of a yard waste composting facility requires Licenses provided by the Agency, the County and a City Yard Waste Composting Facility License. b. Issuance: The City Yard Waste Composting Facility License shall be issued or denied by the City Council after a public hearing to consider application materials submitted by the proposed facility owner and the operator and to solicit public comment. The public hearing shall be preceded by 30 days notice in a newspaper of general circulation. Mailed notice shall be provided to owners of land adjacent to the proposed site. During the notice period the application materials shall be available for public review at the City offices and this shall be stated in the public notice. The application will be approved or denied within 60 days of the public hearing. In the event the License is denied the City Council shall provide the reason for the denial. 17 C. Term: City Yard Waste Composting Facility Licenses shall be valid for 1 year with renewal conditional on City Council approval. Matters to be considered on renewal include, but are not limited to, conformance with all License requirements and any other statutes, ordinances, rules and regulations promulgated by any governing body with legal authority to regulate the facility. Renewal shall be by resolution of the City Council. The renewal fee shall be set by resolution of the City Council. Public notice of the renewal shall be provided in a newspaper of general circulation in the City. d. Application: The City Yard Waste Composting Facility License application shall contain, at a minimum, the following materials, and any other materials requested by the City Council: 1) name of the site owner; 2) name of the site operator; 3) address of a contact person for the operator; 4) a telephone number for the contact person; 5) location of the site; 6) an assessment of the possible environmental hazards including, but not limited to, the potential impact on surface and groundwater, the potential for litter, the potential for particulate air pollution and the potential for excessive or offensive odors; 7) a description of the process; 8) the end product of the process and its projected disposition; 9) a description of steps to be taken to abate, ameliorate or negate the potential environmental hazards. e. Insurance: City Yard Waste Composting Facility License applicants shall furnish the City with certificates of insurance containing a 30 day cancellation notice issued by insurers duly licensed by the State of Minnesota. Insurance must include commercial general liability insurance covering all operations of the facility with limits not less than $250,000 per person and $500,000 per occurrence for bodily and personal injury. If the liability policy includes an aggregate limit the collector shall insure that the unencumbered aggregate remains not less than $500,000. f. License bond: The operator of any yard waste facility located within the City shall post a 18 - bond payable to the City Of Otsego prior to issuance of the City License. The amount of the required bond shall be set by resolution of the City Council. The bond posted as a License requirement is intended to provide indemnification to the City in the event of any violation of this Ordinance or of conditions stipulated in the City License. The posting of this bond does not relieve the facility of any liability for any violations of this Ordinance or any stipulated conditions in the License. In the event that the City is caused to respond the bond will be forfeited to the extent of the Cityls response costs. If the response costs exceed the bond amount the facility shall remain liable to the City for costs in excess of the bond amount. g. Fee: The fee for the issuance of the license and conditional use permit shall be set by resolution of the City Council. 2. Facility Requirements: a. Acceptable materials: The only material acceptable at a yard waste composting facility is yard waste. Any other waste shall be considered unacceptable and acceptance of unacceptable waste at the facility constitutes grounds for revocation of the City License. b. Environmental damage limits: The facility shall incorporate methodology designed to: 1) limit or eliminate surface runoff; 2) limit or eliminate obnoxious or offensive odors and remain within the limits of the Rules promulgated by the Agency concerning odors; 3) limit or eliminate any dispersal of material off of the site; 4) measure any leachate production and limit its entry into the groundwater; 5) meet any other requirements imposed as a condition of granting the License. 3. Performance Standards: a. The facility must meet MPCA requirements for a yard waste compost facility as specified in Minnesota Rules, 7035.2835. b. The facility must not abut a property 19 shall be restricted to designated routes established by the City. h. Noise levels shall not exceed 60 decibels as measured at the property line of property zoned for residential or public use. Otherwise noise levels shall not exceed 70 decibels. i. If the facility is located within 500 feet of property planned, zoned or used for residential use, it shall only be in operation between 9:00 a.m. and 7:00 p.m. 7• A pest control plan shall be submitted that is acceptable to the local sanitarian or other appropriate official including, but not limited to, a contract with a licensed pest control operator or regular service. k. Sign requirements shall be those provided for in the zoning Ordinance in which the facility is located or as provided by Minnesota Statute, Chapter 173.086. The facility shall be clearly marked with the name and telephone number of the facility operator and the hours of operation. 1. Power -driven processing necessary for efficient temporary storage and shipment of material may be approved if the facility meets noise and other considerations listed above. M. The operator of the facility shall comply with a regular inspection schedule as approved by the sanitarian or other appropriate local official. n. If required, an Environmental Impact Statement or Environmental Assessment Worksheet must be completed prior to granting approval for any yard waste compost facility. 4. Waste Acceptance: a. Inspection and Acceptance: Each load arriving at the facility shall be inspected and acceptance shall be noted on a permanent record. This record shall include the date, transporter name, point of origin and type of waste. This form shall be maintained at all times and shall be available for inspection. 21 Completed acceptance forms shall be held for inspection for four (4) years. b. Unacceptable waste: In the event that unacceptable waste is delivered to the facility and discovered before acceptance it shall be the collectors or transporters responsibility to remove the unacceptable waste within 24 hours of receiving notice of its unacceptable status. It shall be considered sufficient notice to inform the driver of the transporting vehicle that the waste is unacceptable provided that the reason for the unacceptable status is provided to that driver in written form. A copy of this written notice shall be maintained in the waste acceptance records and shall be available for inspection. C. Ownership of the Waste: Ownership of the waste shall remain in the collector or transporter until the waste is inspected and accepted at the facility at which time ownership shall vest in the facility owner and operator. 5. Facility Operation: a. Process: The process employed shall be designed to reduce or alter the waste to provide an acceptable end use product. b. Receipt of waste: Yard waste shall be received at the composting site in containerless bulk form and not in plastic or other bags or boxes. Vehicles delivering yard waste must be enclosed. Yard waste may not be delivered, transferred or stored within 300 feet of any residential building. C. Processing time: All yard waste accepted must begin processing within 20 days of acceptance at the facility. d. Storage: Adequate storage for one weeks backlog of accepted waste shall be provided. This storage site must provide adequate measures to: 1) prevent the formation of leachate; 2) prevent the dispersal of the waste off of the facility. e. Vehicles: All vehicles delivering yard waste must be in compliance with the weight limits 22 of the roads utilized. f. Extraneous materials: All extraneous materials must be removed within 24 hours. g. Nuisance: The composting operation, including delivery, storage, spreading and composting shall not generate off-site nuisances. Such off-site nuisances include, but are not limited to, dust, odor and wind blown debris or yard waste. The operation shall be free of litter and vermin. h. Other regulations: The composting shall be accomplished in accordance with the regulations and rules of all other agencies, organizations or entities having jurisdiction over such activity. i. Termination: Composting activities shall be suspended if at any time it is determined that conditions exist constituting a fire hazard, or if there is a threat to surface or ground water from runoff or leachate. The City may inspect the site at any time without prior notice to ensure compliance with this Ordinance. j• Reports: The operator of the composting facility shall report annually to the City. The report shall state the tonnage of yard waste delivered, the tonnage composted, the origin of the yard waste and shall distinguish any yard waste that originates within the City from that originating at other locations. One copy of any annual report required to be submitted to the Agency by the operator or owner shall be submitted to the City Council no later than 30 days after the report is due to be submitted to the Agency. Failure to submit this report constitutes grounds for revocation of the City Yard Waste Composting Facility License. D. Landspreading of yard waste: 1. License required: Any person landspreading yard waste shall obtain a City Yard Waste Composting License before beginning the process. 2. Location: Landspreading of yard waste shall be permitted only in those zones where a yard waste composting facility is allowable. 23 3. Receipt of waste: Yard waste shall be received at the application site in containerless bulk form and not in plastic or other bags or boxes. Vehicles delivering yard waste must be enclosed. 4. Ownership of the Waste: Ownership of the waste shall remain in the collector or transporter until the waste is inspected and accepted at the facility at which time ownership shall vest in the facility owner and operator. 5. Handling: Yard waste may not be delivered, transferred or stored within 300 feet of any dwelling except the dwelling of the landowner. Yard waste may not be stored within 300 feet, nor spread'within 100 feet, of any wetland or floodplain. 6. Application: Yard waste may be applied within any 12 month period at a rate not to exceed 3 inches in depth or such lesser amount as may be necessary to allow complete incorporation. 7. Processing: Yard waste must be spread within 5 days of receipt and incorporated within 15 days of receipt. Yard waste received after a 1 inch deep ground freeze must be incorporated by the following May 15. S. Vehicles: All vehicles delivering yard waste must be in compliance with the weight limits of the roads utilized. 9. Extraneous materials: All extraneous materials must be removed within 24 hours. 10. Nuisance: The landspreading operation, including delivery, storage, spreading and incorporation, shall not generate off-site nuisances of a greater amount or different type than is typically associated with farming. Such off-site nuisances include, but are not limited to, dust, odor and wind blown debris or yard waste. The operation shall be free of litter and vermin. 11. Other regulations: The landspreading shall be accomplished in accordance with the regulations and rules of all other agencies, organizations or entities having jurisdiction over such activity. 12. Termination: Landspreading activities shall be suspended if at any time it is determined that 24 conditions exist constituting a fire hazard, or if there is a threat to surface or ground water from runoff or leachate. The City may inspect the site at any time without prior notice to ensure compliance with this Ordinance. 13. Rented land: On rented or leased land no landspreading shall take place without the permission of the landowner. 14. Reports: The operator of the landspreading facility shall report annually to the City. The report shall state the tonnage of yard waste delivered, the tonnage incorporated, the origin of the yard waste and shall distinguish any yard waste that originates within the City from that originating at other locations. Failure to submit this report constitutes grounds for revocation of the City Yard Waste Composting Facility License. E. Agricultural waste: No part of this Ordinance is intended to limit the incorporation into soil of agricultural waste originating on the property on which it is incorporated. That agricultural practice shall not be considered waste or yard waste composting and shall be allowable without any license or permit from the City. 6-1-8 VIOLATIONS AND PENALTIES: A. Criminal Penalties: Any person who fails to comply with any provision of this Ordinance shall be deemed tc have committed a penal violation. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. The penalty for such violation shall be a misdemeanor per Minnesota Statute 412.231 or as later amended, plus the costs of prosecution. B. Injunctive Relief: In the event of a violation or a threatened violation of this Ordinance the City may institute appropriate actions or proceedings, including requesting injunctive relief, to prevent, restrain, correct or abate such violations or threatened violations. C. Civil Action or Cost As A special Taz: If any person fails to comply with any provision of this Ordinance the City may recover costs incurred for corrective action in a civil action in any court of competent jurisdiction or, at the discretion of the City Council, the costs may be certified to the City Clerk as a special tax against the real property involved to the 25 extent allowed by law. 6-1-9 LIABILITY AND INDEMNIFICATION: A. Liability: Compliance with this Ordinance does not act to shift any liability legally accruing to the generator, collector or facility owner or operator to the City. The City functions as a regulator only and is not participating in the management of any waste generation, collection or facility operation other than its own waste generation and disposal processes. B. Generators indemnification: Each generator of waste residing within the City shall take all reasonable precautions necessary to protect the public from injury and shall defend, indemnify and save the City harmless from any liability, claims, damages, costs, judgments, expenses and claims of damages that may arise by reason of any tort claim for bodily or personal injury, disease, death or damage to property resulting directly or indirectly from an act or omission of the generator including any generator acting as a collector and self transporter by transporting that generator's own waste to a facility. C. Collectors indemnification: Each collector of waste operating within the City shall take all reasonable precautions necessary to protect the public from injury and shall defend, indemnify and save the City harmless from any liability, claims, damages, costs, judgments, expenses and claims of damages that may arise by reason of any tort claim for bodily or personal injury, disease, death or damage to property resulting directly or indirectly from an act or omission of the collector, its agents, employees, or independent contractors, or anyone for whom any of them may be liable. D. Facility indemnification: Each facility of any type located within the City shall take all reasonable precautions necessary to protect the public from injury and shall defend, indemnify and save the City harmless from any liability, claims, damages, costs, judgments, expenses and claims of damages that may arise by reason of any tort claim for bodily or personal injury, disease, death or damage to property resulting directly or indirectly from an act or omission of the facility owner or operator, their agents, employees, or independent contractors, or anyone for whom any of them may be liable. 6-1-10 SEPARABILITY CLAIISE: Should any court of competent jurisdiction adjudge any provision of this Ordinance invalid, such judgement shall not affect any other 26 provision of this Ordinance not specifically included in such judgement. 6-1-11 PROVISIONS CMWLATIVE: The provisions of this Ordinance are cumulative and are additional limitations upon all other laws and ordinances covering any subject matter in this Ordinance. 6-1-12 EFFECTIVE DATE: This ordinance shall be in full force and effect from and after its passage and publicatio Adopted by the Council this day of 1991. 4SAT: erk, City o tsego. 27 Mayor, City of Otsego