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
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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
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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
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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
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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
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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;
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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
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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
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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,
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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
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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
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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
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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.
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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.
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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
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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
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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.
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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
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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.
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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