HomeMy WebLinkAbout2016-07-06 PACKET 07.I. Cottage
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Clt�/ COUI'1CII CONSENTAGENDA
Acfion Request Form �'I'
Meeting Date
7/6/2016
Department
Community Development
Title of Request
Mixed Solid Waste and Recycling Ordinance
Staff Recommendation
Pass Ordinance 964 amending City Code Title 4-2, Mixed Solid Waste and Recycling.
ATTACH MENTS:
Description Type Upload Date
CC Memo Cover Memo 7/1/2016
Ordinance Ordinance 7/1/2016
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TIMOTHY J.KUNTZ
��������� o DANIEL J.BEESON
*KENNETH J.ROHLF
STEPHEN H.FOCHLER
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ANGELA M.LUTZ AMANN
*KORINE L.LAND
��I�������� �*�* °*DONALD L.HOEFT
DARCY M.ERICKSON
DAVID S.KENDALL
�� ...r..... #:m������ *BRIDGET McCAULEY NASON
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BRADLEY R.HUTTER
ARIEL A.PITTNER
HAROLD LEVANDER
1910-1992
ARTHUR GILLEN
1919-2005
ROGER C.MILLER
MEMO 19z4_zoo9
*ALSO ADMITTED IN WISCONSIN
4ALS0 ADMITTED IN NORTH DAKOTA
DALSO ADMITTED IN MASSACH[JSETTS
oALSO ADMITTED IN OKLAHOMA
dALSO ADMITTED IN ARIZONA
TO: The Honorable Mayor Bailey and Members of the Cottage Grove City
Council
FROM: Korine L. Land, City Attorney
DATE: June 30, 2016
RE: Mixed Solid Waste and Recycling Ordinance
BACKGROUND. Washington County desires greater uniformity between and among the
various cities with respect to its solid waste and recycling ordinances. Foth Infrastructure &
Environment reviewed the City's Mixed Solid Waste and Recycling ordinance and made
recommendations for amendments. On March 21, 2016, the Public Services and Environmental
Commissions held a joint meeting to review the Foth recommendations with a vote
recommending approval. Subsequently, City staff and our office reviewed Foth's suggestions
and comments and prepared a new, reorganized Mixed Solid Waste and Recycling ordinance to
increase clarity and organization of the ordinance. Staff then shared the new ordinance with the
3 licensed haulers and offered to meet with them to answer questions. City staff inet with Tennis
Sanitation and answered his questions, which were largely related to existing code provisions.
Waste Management did not request a meeting.
SUMMARY OF ORDINANCE CHANGES. The substantive changes to the existing Mixed
Solid Waste and Recycling ordinance were not significant but the reorganization of Title 4,
Section 2 was substantial enough that staff suggests repealing the existing Title 4, Chapter 2 in
its entirety and enacting a new Title 4, Chapter 2. The changes can be summarized as follows:
• Reorganizing the ordinance for clarity
• Including new terminology and regulations relating to source separated compostable
materials to accommodate such collection when it becomes available in the City
• Increasing the setback for composting on residential property from 1 foot to 5 feet to
provide a larger buffer zone between a compost container and adjacent residential
property. (See Section 4-2-16-B-3)
633 SOUTH CONCORD STREET•SUITE 400• SOUTH SAINT PAUL,MINNESOTA 55075•651-451-1831•FAX 651-450-7384
OFFICE ALSO LOCATED IN SPOONER,WISCONSIN
• Clarifying that roll off boxes cannot be placed in the City right of way. (See Section 4-2-
15-B-5)
• Including requirement that owners of commercial buildings to recycle a minimum of
three types of materials consistent with recently enacted State law. (See Section
4.2.14.H.2).
RECOMMENDATION. City staff recommends approval of the newly reorganized and
updated Title 4, Chapter 2.
2
ORDINANCE NO.
AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA,
REPEALING COTTAGE GROVE CITY CODE TITLE 4, CHAPTER 2 REGARDING
MIXED SOLID WASTE AND RECYCLING AND ENACTING A NEW TITLE 4,
CHAPTER 2 REGARDING MIXED SOLID WASTE AND RECYCLING
The City Council of the City of Cottage Grove, Washington County, Minnesota, does
hereby ordain as follows:
SECTION 1. REPEAL. The Code of the City of Cottage Grove, County of
Washington, State of Minnesota, Title 4, Chapter 2, shall be repealed in its entirety.
SECTION 2. ENACTMENT. The Code of the City of Cottage Grove, County of
Washington, State of Minnesota, Title 4, Chapter 2, shall be enacted as follows:
4-2-1: INTENT:
It is the intent of the City Council, by means of this Chapter, to establish a system of solid waste
management throughout the City so that the disposal of such materials is accomplished in a
sanitary manner, so that the health and sanitary conditions of the residents of the City shall be
properly safeguarded, and so that the City is in compliance with the City's 2030 Comprehensive
Plan, the Washington County Solid Waste Management Master Plan 2012 — 2030 and any
updates to those Plans approved by the City or the County and with the State and the County
recycling and solid waste reduction mandates. In addition, the City Council intends to establish a
volume-based refuse collection system in order to improve waste management within the City.
4-2-2: DEFINITIONS:
The following words, terms, and phrases when used in this Chapter shall have the meanings
ascribed to them in this Section except where the context clearly indicates a different meaning:
BLTLKY WASTE: Shall have the meaning set forth in Minnesota Statutes and is a subset of
Mixed Municipal Solid Waste. Includes household items and other discarded materials that due
to their dimensions and weight are typically not collected as part of the regular trash and
recycling or for which there is a separate fee, such as furniture, carpeting mattresses and
appliances including electronic devices.
CTTY: The City of Cottage Grove, Washington County, Minnesota.
COMMERCIAL ESTABLISHIV�NT: Any premises where a commercial or industrial enterprise
of any kind is carried on, and shall include but is not limited to restaurants, clubs, churches, and
schools where food is prepared or served.
COMMERCIAL/ MULTIPLE RESIDENTIAL DWELLING/INDUSTRIAL/ROLL OFF
SERVICE SOLID WASTE HAULER AND RECYCLER: A city licensed hauler who collects
and hauls solid waste, including but not limited to garbage, recyclable materials, and
construction /demolition waste, from commercial, multiple dwelling and industrial properties or
who provides roll off box services.
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COMMINGLED RECYCLABLES: Collection of recyclable materials whereby generators mix
different types of recyclable materials in a single container for collection by a licensed hauler.
COMPOSTING: A method of recycling yard waste by allowing it to decay and then using it as a
soil amendment.
CONSTRUCTION/DEMOLITION WASTE: Construction materials, packaging and rubble
resulting from construction, remodeling, repair and demolition of buildings and roads, as well as
sand, earth, brick, stone, crockery, trees, tree branches of more than two inches (2")in diameter
and tree stumps.
CONTAINER: All containers for solid waste shall be made of inetal, plastic, or other suitable
material which is rodent proof, fireproof, and waterproof, can be kept tightly closed, will not
easily corrode and shall be of such size and weight that they can be handled by one person. No
container shall have ragged or sharp edges or other defect liable to hamper or injure the person
collecting the contents thereof.
COLTNTY: County of Washington, Minnesota.
DAILY HALJLING DISTRICT: A residential area in which garbage, recyclables and yard waste
are collected on the same day, the boundaries and day of collection of which are established by
council resolution.
DUNIl'STER: Large covered containers for large accumulations of garbage, recyclables or
construction/demolition debris, including compactors.
GARBAGE: See: Mixed Municipal Solid Waste.
HAZARDOUS WASTE: Shall have the meaning defined in Minnesota Statutes and includes any
refuse, sludge, or other waste material or combinations of refuse, sludge or other waste materials
in solid, semisolid, liquid, or contained gaseous form which because of its quantity,
concentration, or chemical, 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 by-product material as defined by the Atomic Energy Act of 1954, as amended.
HOLIDAYS: Shall include only New Year's Day, Memorial Day, Fourth of July, Labor Day,
Thanksgiving Day and Christmas Day.
MIXED MUNICII'AL SOLID WASTE(MMSW): Has the meaning set forth in Minnesota
Statutes and shall include garbage, refuse, rubbish, trash, and other solid waste from residential,
commercial, industrial, and community activities, that the generator of the waste aggregates for
collection. MMSW does not include auto hulks, street sweepings, ash, construction debris,
mining waste, sludges, tree and agricultural wastes, tires, lead acid batteries, motor and vehicle
fluids and filters, and other materials collected, processed, and disposed of as separate waste
streams. Also commonly referred to as "garbage."
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MULTIPLE RESIDENTIAL DWELLING: Any building used for residential purposes
consisting of five (5) dwelling units or more with separate individual kitchen facilities for each
dwelling unit.
RECYCLABLE MATERIALS: Shall have the meaning set forth in Minnesota Statutes and
means materials that are separated from MMSW for the purpose of recycling or composting
including, at a minimum, the targeted materials.
RECYCLING: Shall have the definition in Minnesota Statutes, and shall mean means 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.
RECYCLING CONTAINER: A container for use in the city's authorized curbside recycling
program.
RESIDENTIAL DWELLING: Any single building consisting of four (4) or less dwelling units
with individual kitchen facilities for each dwelling unit.
RESIDENTIAL DWELLING SOLID WASTE HAULER AND RECYCLER: A city licensed
hauler who collects and hauls solid waste, including but not limited to garbage, recyclable
materials, and construction/demolition waste, from residential dwellings.
ROLL-OFF CONTAINERS: Open top dumpsters characterized by a rectangular footprint. The
container is designed to be transported by special Roll-off trucks. Roll-off containers are
commonly used to contain loads of construction and demolition waste or other waste types.
SOLID WASTE: The general term for MMSW, recyclable materials, yard waste, bulky waste
and SSCM.
SOURCE SEPARATED COMPOSTABLE MATERIALS (SSCM): Shall include food waste
and other compostable organic materials that are source separated by the waste generator for the
purpose of preparing them for use as compost and as further defined in Minnesota Statutes. Also
referred to as "food waste" "organics" and "source separated organics." The terms "food waste,"
organics," and "source separated compostable materials" do not include yard waste for purposes
of this Ordinance.
SPECIAL PICK UP: Any collection of bulky waste and construction/demolition waste and
excludes MMSW, recyclable materials, yard waste or SSCM.
TARGETED RECYCLABLE MATERIALS: Those recyclable materials identified in the
Washington County Standard List of Residential Curbside Recyclables.
VOLUME BASED BILLING: A graduated rate structure based upon the volume of MMSW,
recyclable materials, SSCM collected from a residential dwelling, multiple-residential dwellings
or a commercial enterprise.
YARD WASTE: Garden wastes, leaves, grass and lawn clippings, weeds, shrub, tree waste and
other materials as defined by Minnesota Statutes and council resolution.
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4-2-3: LICENSE REQUIRED:
No person shall scavenge or otherwise haul or collect solid wastes including MMSW, recyclable
materials, bulky wastes, SSCM, or yard wastes for hire from public or private property, including
residential, commercial, institutional or other uses, unless licensed therefor by the city. However,
nothing in this chapter shall prevent persons from hauling MMSW, recyclables,
construction/demolition waste, bulky waste, SSCM or yard waste from their own residence or
business in accordance with this chapter.
4-2-4: CATEGORIES AND NUMBER OF LICENSES:
A. Categories Of Licenses: There shall be two (2)license categories:
1. Residential Dwelling Solid Waste Hauler and Recycler.
2. Commercial/Multiple Residential Dwelling/Industrial/Roll-off Service
Solid aste Hauler and Recycler.
B. Number Of Licenses: No more than three (3) Residential Dwelling Solid Waste
Hauler and Recycler licenses shall be issued under this chapter at any one time.
4-2-5: APPLICATION FOR LICENSES:
A. Application for License: Any person desiring to be licensed as a Residential
Dwelling Solid Waste Hauler and Recycler or as a Commercial/Multiple
Residential Dwelling/Industrial/Roll-off Service Solid Waste Hauler and Recycler
shall make application to the city on a form prescribed by the city. Each hauler
operating under a separate name or identity, regardless of whether the hauler
entity is a business entity related to another licensed hauler, shall apply for and
obtain a separate license prior to collecting any solid waste.
B. The application shall include a list of vehicles and equipment utilized by the
hauler while operating in the city.
C. The applicant must provide a certificate of insurance coverage meeting the
minimum general liability coverage requirements, and liability coverage
requirements for each vehicle operated as part of the licensed activity, as
established by state statute or city council resolution, whichever is greater. The
city shall be named as a certificate holder and as an additional insured, and the
certificate must contain a provision for notifying the city should the policy be
cancelled before its stated expiration date.
D. Residential Dwelling Solid Waste Hauler and Recycler applicants shall provide
the following information:
1. The volume-based MMSW rate structure for thirty (30) gallon, sixty (60)
gallon, and ninety (90) gallon service and other offered services that would
be implemented during the licensed period; and
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2. The recycling fee that would be implemented during the licensed period.
E. The application and license fee shall be filed with the city clerk.
F. License Fees: The city council shall establish license fees by ordinance.
4-2-6: ISSUANCE OF LICENSE:
If the conditions for license approval are satisfied, the city clerk shall issue the license. If the city
clerk denies the application, the applicant may, within ten (10) days, appeal the decision to the
city council. A license granted under this chapter is subj ect to the license provisions and any
other applicable state statute, county or city code or ordinance. No license shall be issued or
renewed if the licensee, or individuals having interest in the business entity for which the license
is sought, have any outstanding fees due to the city, State or County for that businesses entity or
another related business entity under the applicant's financial control.
4-2-7: LICENSE PERIOD:
Licenses shall be issued for a calendar year or portion thereof and shall expire on December 31
of each year.
4-2-8: GENERAL LICENSE CONDITIONS FOR LICENSES:
All Residential Dwelling Solid Waste Hauler and Recycler and Commercial/Multiple Residential
Dwelling/Industrial/Roll-off Service Solid Waste Hauler and Recycler licenses are subject to the
following conditions:
A. Vehicles. The licensee must have watertight vehicles in good condition to
prevent loss in transit of liquid or solid cargo. The licensee's vehicles must also
be sufficiently covered so that solid waste remains contained in the vehicles and
does blow out of or fall out or off o the vehicle in transit. The vehicle shall be
kept clean and as free from offensive odors as possible and not allowed to stand in
any street longer than reasonably necessary to collect garbage, recyclable
materials, SSCM, yard waste, or construction/demolition waste. Each vehicle
may be inspected by the city, at the city's discretion, for conformance with this
chapter.
B. Spills and Leaks. The licensee shall also ensure that the collection site is left free
of litter and shall clean up solid or liquid spills or leaks from vehicles within one
(1) hour. Each of the licensee's vehicles shall be equipped with materials and
equipment to aid in the cleanup of the spills and leaks.
C. Licensees must respond to missed collections, regardless of the type of collection,
within a reasonable time period.
D. The licensee must maintain insurance coverage meeting the minimum general
liability coverage requirements, and liability coverage requirements for each
vehicle operated as part of the licensed activity, as established by state statute or
city council resolution, whichever is greater.
E. Display of License: Each vehicle for which a hauler's license is issued shall carry
a copy of the license in the vehicle.
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F. Records:
1. Report to County. Each licensed hauler shall compile and retain MMSW,
recyclable materials, bulky waste, SSCM and yard waste weight slips and
other data and report county-required data to Washington County. In
addition, the licensed hauler shall furnish the city with copies of reports
that are submitted to the county when requested.
a. Failure to keep accurate weights and/or to furnish this data to the
county or the city within 30 business days of it being due shall
entitle the city to suspend or revoke the hauler's license.
2. City Access to Records. Upon demand of the city, licensed hauler shall
produce any records, which the city may require to verify that all MMSW,
recyclables, bulky waste, SSOM and yard waste have been disposed of in
a lawful manner. Each licensed hauler shall provide to the city during
normal business hours, access to books, documents, papers, and other
records of the licensee that are directly pertinent to the issuance and
monitoring of the license and required reports.
G. No Vested Right to License. No hauler licensed pursuant to this chapter shall
acquire a vested right in a license. The city may, upon finding that public
necessity requires, determine to establish other means of solid waste collection.
H. MMSW. Each licensee shall provide its customers with weekly collection of
MMSW or more frequently as required by its customers.
I. Recycling. Each licensee shall provide its customers with the opportunity to
recycle through a weekly collection of recyclable materials (as defined in section
4-4-2 of Title 4, Chapter 2 or by city council resolution). The collection of
recyclable materials shall be on the same day as collection of customer's MMSW
and other refuse but may occur at a different time during that same day. The
recyclable materials collection shall be from a location at or near the customer's
MMSW and other refuse collection site, or at such other location as mutually
agreeable to the hauler and the customer. No provision in this chapter shall be
construed to prevent the licensee from offering curbside collection for other
recyclable materials in addition to the targeted recyclable materials.
J. Right to Refuse Collection. The licensee may refuse to make collection from any
premises when the fees are not paid within thirty (30) days from the billing date.
The licensee shall notify the public works director or their designee of the
discontinuation of service to any premises within two (2) days after service is
discontinued.
K. Participation in City Tests. The licensee shall participate with the city in tests to
confirm the methodology and accuracy of the estimated weight of waste and
recyclable materials and participation of residents in the recycling programs.
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L. Hours. No collection of solid waste or construction/demolition waste shall be
made except between the hours of six o'clock (6:00) AM. and six o'clock (6:00)
P.M, Monday through Friday. Operation during these hours may require that
service be delayed one day to accommodate holidays.
4-2-9: CONDITIONS SPECIFIC TO RESIDENTIAL DWELLING SOLID
WASTE HAULER AND RECYCLER LICENSES:
A. Collection Days. Licensed haulers shall collect and haul solid waste from
residential dwellings as established by the daily hauling districts: The licensee
shall notify customers of a specific day for collection of their solid waste
consistent with the dialing hauling district in which the customer is located.
B. Collection Frequency. Licensed haulers shall make weekly collection of solid
waste for all residential dwelling accounts within the daily hauling districts on the
days as established by council resolution.
C. Rates.
1. Volume Based Pricing. Every licensee's rates shall include a volume
based MMSW rate structure for the following services (other services may
be provided):
a. Thirty (30) gallon service.
b. Sixty (60) gallon service.
c. Ninety (90) gallon service.
The licensee may offer the owner other services in addition to MMSW collection and
hauling.
2. Rate Changes. Every licensee shall provide notification to the customer
and the city at least two (2) weeks prior to any change in the rates
submitted with the application that will be implemented during the
licensed period.
D. Recycling
1. Service. The licenses shall provide curbside recycling to all accounts and
collect, at a minimum, the targeted materials.
2. Fees. The licensee must also include a specific line item on the owner's
billing statement that reflects the amount charged to the owner for
recycling. In accordance with State law, no residential customer may be
charged more for recycling service than a residential customer who does
not recycle.
E. Residential "special pick up" as defined in section 4-2-2 of this chapter may take
place on any day, Monday through Saturday, six o'clock (6:00) AM. to six
o'clock(6:00)P.M., as arranged by the property owner and licensee.
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4-2-10: CONDITIONS SPECIFIC TO COMMERCIAL/MULTIPLE
RESIDENTIAL DWELLING/INDUSTRIAL/ROLL-OFF SERVICE SOLID
WASTE HAULER AND RECYCLER LICENSES:
A. Collection Frequency. Licensees shall make weekly collection of solid waste for
all accounts at least once or more frequently as is necessary to protect the public's
health.
B. Recycling. Licensees shall provide recycling collection to all accounts. At a
minimum, licensees shall collect the targeted materials. Nothing in this chapter
shall be interpreted to prevent licensees from collecting other materials in addition
to the targeted materials.
C. Commercial "special pick up" as defined in section 4-2-2 of this chapter may take
place on any day, Monday through Saturday, six o'clock (6:00) AM. to six
o'clock(6:00)P.M., as arranged by the property owner and licensee.
4-2-11: RENEWAL OF LICENSES:
A. Residential Dwelling Hauler and Recycler Licenses. In order to renew a
Residential Dwelling Hauler and Recycler license, the licensee must have at least
two hundred (200) active accounts and must submit a list of all active accounts
with its application and fee for renewal.
B. All Licenses: In order to renew any license issued pursuant to this chapter, the
licensee must not have any outstanding city fees, State solid waste fees or County
solid waste fees.
4-2-12: TRANSFERABILITY AND ASSIGNABILITY OF LICENSE:
No license issued pursuant to this chapter may be transferred or assigned.
4-2-13: SUSPENSION OR REVOCATION OF LICENSE:
A. Grounds for Suspension or Revocation of License. The city council may suspend
or revoke the license of any licensee whose conduct is found to be in violation of
the provisions of this chapter or any other applicable ordinance, law or
regulations. Suspension or revocation may also be based on other health, safety,
and welfare concerns arising out of the performance of the licensee, its
employees, subcontractors and agents, its vehicles or its equipment.
B. Hearing Required. Suspension or revocation of a license by the city council shall
be preceded by a hearing. The city council may appoint a hearing examiner or
may conduct the hearing itsel£ The hearing notice shall be given at least ten (10)
days prior to the hearing and shall include notice of the time and place of the
hearing and shall state the nature of the charge against the licensee.
4-2-14: GENERAL DISPOSAL REQUIREMENTS:
A. Disposal Required: All property owners are required to make adequate provisions
for the sanitary disposal of solid waste by means of a licensed private hauler.
However, residents of residential dwelling units may dispose of solid waste and
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construction/demolition waste in a manner which conforms to city and county
ordinances and state statutes.
B. MMSW (garbage): Property owners shall contract with a licensed private hauler
to collect and haul MMSW to a State licensed and/or County-approved processing
or disposal site in accordance with State and County rules and regulations.
C. Recyclable Materials: All separated recyclable materials must be transported to a
licensed recycling facility or delivered to an end market for sale or reuse, or
brought to an intermediate collection center for later delivery to a licensed
processing center or end market for recycling. It is unlawful for any person to
transport for disposal or to dispose of designated recyclables in a MMSW disposal
facility. No separated recyclables may be mixed with another waste material or
incinerated or landfilled or composted or made into fuel pellets.
D. Bulky Waste: Bulky waste must be disposed of by contracting with a licensed
private hauler to haul the waste to a State licensed or County-approved processing
or disposal site.
E. Yard Waste:
1. It shall be unlawful for any person to dispose of yard waste into the
MMSW, recyclable material, or bulky waste streams. Yard waste shall be
disposed of by:
a. Contracting with a city licensed hauler to haul the yard waste to a
properly permitted or licensed compost site;
b. The resident transporting the yard waste to a compost site; or
c. Composting the yard waste on the resident's property.
2. It shall be unlawful for a licensed private hauler to dispose of yard waste
into the MMSW, recyclable materials, SSCM, or bulky waste stream.
F. SSCM: It shall be unlawful for any person to permit SSCM to be removed from
the property by an unlicensed hauler. A hauler MMSW may also be licensed for
SSCM.
G. Disposal by Licensed Hauler: It shall be unlawful for any person to permit solid
waste and construction and demolition waste to be removed from the property by
an unlicensed hauler.
H. Recycling:
1. Residents of residential dwelling units are strongly encouraged to separate
recyclable materials from the waste stream for recycling.
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2. Owners and occupants of commercial buildings shall comply with
Minnesota Statutes and recycle at least three (3)types of material.
I. Rules And Regulations:
1. The director of public works shall have the authority to make regulations
concerning days of collection, type and location of containers, recyclable
materials to be collected and such other matters pertaining to the
collection, conveyance and disposal as necessary, and to change and
modify the same after notice as required by law; provided, however, that
such regulations are not contrary to the provisions of this chapter.
2. The director of public works shall have the authority to make such other
reasonable regulations concerning individual collection and disposal and
relating to the hauling of other solid waste over city streets by outside
haulers as necessary, subject to the rights of appeal as set forth in section s
of this chapter.
J. Payment of Rates: The expense of garbage, recyclable materials, yard waste,
bulky waste, and construction/demolition waste collection and
processing/disposal shall be paid to the hauler by the owner, agent, occupant, or
tenant of the premises from which they are collected. Such fees shall be full
compensation for the hauler's services and in no event shall hauler seek payment
from the city.
4-2-15: CONTAINERS:
A. Containers Required
1. Garbage Containers:
a. All residential dwelling property owners shall provide one or more
containers to hold and contain all MMSW, required by the city
which may accumulate between times of collection.
b. Owners of Commercial/Multiple Residential Dwellings/ /Industrial
establishments shall provide one or more containers to hold and
contain all garbage, required by the city which may accumulate
between times of collection.
(1) Dumpster Required. Where garbage volume exceeds three
(3) 90-gallon containers per week, dumpster service shall
be utilized with the frequency of pick up being not less than
once per week The actual size of the dumpster or the
frequency of pick up shall be determined by need as
established by the director of public works. The dumpster
shall be a watertight receptacle with a tightfitting cover to
prevent exposure of its contents to potential fly or vermin
infestation.
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2. Recyclable Materials Containers
a. Residential Dwellings: All owners of residential dwellings shall
provide one or more containers to receive and collect all recyclable
materials required by the city which may accumulate between
times of collection.
b. Commercial/Multiple Residential Dwellings/Industrial
Establishments: All owners of commercial, multiple residential
dwellings and industrial establishments are required to provide
containers for tenants to deposit recyclable materials for collection
by a licensed hauler.
(1) Dumpster Required. For all commercial, multiple-
residential dwellings and industrial establishments where
the volume exceeds three (3) 90-gallon containers per
week, the owner shall utilize dumpster service with the
frequency of pick up being not less than once per week.
The actual size of the dumpster or the frequency of pick up
shall be determined by need as established by the director
of public works. The dumpster shall be a watertight
receptacle with a tightfitting cover to prevent exposure of
its contents to potential fly or vermin infestation.
3. Roll-Off Containers.
a. Permit Required. The property owner shall secure at least one roll-
off container at any construction or demolition site. The owner
shall pay the permit fee set forth by ordinance. In the event there
is an open building permit for the property, no permit fee is
required.
b. Storage. No solid wastes or construction/demolition waste,
whether generated at the site or elsewhere, shall be stored outside
the roll-off container.
c. Collection. The roll-off container shall be emptied within seven
(7) days of the container being filled to capacity. Property owners
and their contractors shall be responsible for cleaning up and
disposing of construction debris carried by the elements onto
neighboring property.
4. Composting Containers: Containers shall be of a durable material
including, but not limited to, sturdy woven wire fencing rot-resistant
wood, or a commercially purchased composting unit which will provide
for adequate aeration. Containers shall be constructed and maintained in a
structurally sound manner. Wood used in the construction of a compost
container must be sound and free of rot.
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5. Yard Waste Containers: All yard waste to be picked up by a licensed
hauler shall be placed in a container or in separate compostable bags in
compliance with Minnesota Statutes and shall not contain garbage,
recyclable materials, SSCM or construction/demolition waste.
B. Storage And Placement of Containers:
1. Residential Dwelling MMSW and Recyclable Materials, when not placed
for collection by the hauler, shall be so located as to be out of public view
in a secure place insofar as possible.
2. Commercial/Multiple Residential Dwellings/ Industrial MMSW and
Recyclable Materials containers shall be kept in a trash enclosure or
building. All new trash and recycling enclosures or buildings constructed
in compliance with this provision and all major alterations to such existing
trash and recycling enclosures and buildings shall be constructed in
compliance with the provisions relating to trash and recycling enclosure
structures in subsection 11-6-3B of this code. Bulky waste shall be
contained within the enclosure.
3. Residential Dwelling Composting Containers. The compost container(s)
shall be located in the rear yard no closer than five (5) feet to any rear or
side property line and shall not be located closer than five (5)feet from the
rear property line and shall not be located in any required front or side
yard as defined in the zoning code, nor closer than twenty (20) feet to any
habitable building(s)located off of the owner's property.
4. Yard Waste Containers. All yard waste when not placed for collection by
the hauler, shall be so located as to be out of public view in a secure place
insofar as possible.
5. Roll-Off Containers. Roll-Off containers must be located in an accessible
location on the owner's property. In no event may a roll-off container be
located in the right of way.
4-2-16: SCAVENGING:
It is unlawful for any person or business to scavenge or otherwise collect garbage, recyclable
materials, bulky wastes, yard waste or construction/demolition waste at the curb or from
recyclable materials containers without a license from the city and an account relationship with
the owner of the premises. The licensee is also deemed the owner of recyclable materials, and
upon collection, the licensee may market them.
4-2-17: COMPOSTING:
A. Locations. Composting is permitted only on residential dwelling properties.
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B. Composting Area. The composting area must meet the following conditions:
1. The compost must be contained, secure against vermin and excess
moisture and remain aerobic to allow for the decomposition of the
material; and
2. The compost is screened from view of adjacent property owners in
containers and located pursuant to subsection 4-2-15B3 of this Chapter.
C. Compliance with State Law. Composting shall be accomplished in compliance
with Minnesota Statutes and the applicable Administrative Rules of the Minnesota
Pollution Control Agency. Nothing contained in this chapter prohibits city
licensed haulers from offering collection and disposal of yard waste and SSCM at
a properly licensed composting facility.
4-2-18: PROHIBITED ACTS AND CONDITIONS:
A. Unauthorized Accumulations: Any unauthorized accumulation of garbage,
recyclable materials, bulky waste, SSCM, yard waste or other solid waste or litter
on any premises is declared to be nuisance and is prohibited. "Unauthorized
accumulation" shall consist of garbage, recyclable materials, bulky waste, SSCM,
yard waste, construction/demolition waste or litter in any of the following
circumstances:
1. Garbage or recyclable materials not stored in containers or containers or
compostable bags in the case of yard waste because containers or
compostable bags are not being used or because containers are of
insufficient size to hold the garbage or recyclable materials.
2. Materials are not disposed of in conformance with this chapter.
3. Construction and/or demolition waste is not removed from the
construction or demolition site within seven (7) days of the container
being filled to capacity.
B. Dumping Solid Waste: It shall be unlawful for any person to dump or dispose of
solid waste, construction and demolition waste or litter on any land, whether
privately or publicly owned, within the limits of the city.
C. Littering:
1. No person shall cast, place, sweep or deposit anywhere within the city any
garbage, recyclable materials, bulky waste, SSCM, yard waste, or
construction/demolition waste in such a manner that it may be carried or
deposited by the elements upon any street, sidewalk, alley, sewer, parkway
or other public place or onto any property within the city.
2. No person shall place garbage, recyclable materials, bulky waste, SSCM,
yard waste, construction/demolition waste or other waste upon any street,
in any alley or other public place or upon any private property whether
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owned by such person or not, unless it is in proper containers for
collection or under express approval granted by the director of public
works; nor shall any person throw or deposit any garbage, recyclable
materials, bulky waste, yard waste, construction/demolition waste or other
waste into any stream or other body of water.
D. Theft of Service: No person to shall deposit garbage, recyclable materials, bulky
waste, SSCM, yard waste, construction/demolition waste or other refuse in a
dumpster or roll-off container unless he or she is the owner, occupant or
authorized agent of the premises providing such dumpster or container.
E. Burning. No burning or burying of solid waste, including garbage, bulky wastes,
recyclable materials, SSCM or construction and demolition waste shall occur on
any property in the City that is not expressly licensed for that activity.
4-2-19: EXEMTIONS FROM PROVISIONS:
Nothing in this chapter shall prevent persons from hauling recyclable materials, SSCM, yard
waste, construction/demolition waste or bulky waste from their own residences or commercial
properties, provided the following rules are observed: a) recyclable materials, SSCM, yard waste
or construction/demolition waste are hauled in vehicles with leak proof bodies and completely
covered or enclosed by canvas or other means of material so as to completely eliminate the
possibility of loss of cargo, b) that recyclable materials be disposed of at a recycling facility, an
organized recyclable materials drive or through a licensed recyclable material hauler, and c) that
yard waste and SSCM may be composted privately on residential dwelling properties, disposed
of at a properly licensed composting facility, or through a licensed residential dwelling hauler
and recycler or a licensed commercial/multiple residential dwelling/industrial hauler and
recycler.
4-2-20: APPEALS:
Any person aggrieved by a regulation of, or a fee charged by, the director of public works shall
have the right of appeal to the city council. The person shall provide the city clerk with a notice
of appeal within twenty (20) days of the public director's imposition of the regulation or fee.
The city shall schedule a hearing before the city council within thirty (30) days of receipt of the
notice of appeal. The city council shall have the authority to confirm, modify or revoke any such
regulation or fee after a hearing on the appeal.
4-2-21: PENALTIES:
Any person convicted of violating any provision this chapter shall be guilty of a misdemeanor
and shall be subject to a fine or imprisonment in the county jail, or both, as specified by state
statute. With respect to licensed haulers, such penalty may be imposed in addition to suspension
or revocation of the license.
SECTION 3. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section
412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the
entire ordinance is available without cost at the office of the City Clerk, the following summary
is approved by the City Council and shall be published in lieu of publishing the entire ordinance.
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The text amendment adopted by the Cottage Grove City Council on July 6, 2016 repeals
the City Ordinance and enacts a new City Ordinance to reorganize current regulations to
promote clarity, adds terminology and provisions related to source separated compostable
materials collection to accommodate such collection when it becomes available in the
City, increases the setback for composing on residential property from one (1)foot to five
(5) feet, clarifies that roll off boxes are prohibited in the City right of way and includes a
new requirement for owners of commercial buildings to recycle a minimum of three
types of materials consistent with state law.
SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication according to law.
Passed this 6�' day of July, 2016.
Myron Bailey, Mayor
Attest:
Joseph Fischbach, City Clerk
Published in the South Washington County Bulletin on [Date].
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