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Home My WebLink AboutOrdinance - 84-127 - Imposing a Fee for Solid Waste Disposal - 11/20/1984 ORDINANCE NO. 127-34 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 5 BY ADDING THERETO SEC. 5 . 71 , IMPOSING A FEE UPON OPERATORS OF FACILITIES FOR MIXED MUNICIPAL SOLID WASTE; AND ADOPTING BY REFERENCE CITY CODE CHAPTER I AND SEC- TION 5 . 99 , WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS : THE CITY COUNCIL FOR THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 5 shall be and is amended by adding thereto Sec. 5 . 71 as follows : SEC. 5 . 71 . FEES IMPOSED UPON OPERATORS OF FACILITIES ` FOR MIXED MUNICIPAL SOLID WASTE. Subd. 1 . Definitions--The following terms , as used in this Section, shall have the meanings stated below: ,r A. "Mined municipal solid waste" means garbage, refuse, and other solid waste from residential, com- mercial, industrial, and community activities which is i generated and collected in aggregate, but does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural wastes , tires , and other materials collected, processed, and disposed of as separate waste streams . B. "Solid waste" means garbage , refuse, x sludge from a water supply treatment plant or air contaminant treatment facility, and other discarded waste materials and sludges, in solid, . semi-solid, liquid, or contained gaseous form, resulting from industrial, commercial , mining, and agricultural operations, and from community activities, but does not include hazardous waste; animal waste used as ferti- lizer; earthen fill, boulders , rock; sewage sludge ; solid or dissolved material in domestic sewage or other common pollut- ants in water resources, such as salt, dissolved or suspended solids in industrial waste water effluents or discharges which are point sources subject to permits under section 402 of the federal water pollution control act, as amended, dissolved materials in irrigation return flows; or source, special nuclear, or by-product material as defined by The Atomic i S Energy Act of 1954, as amended. s Subd. 2. Pursuant to authority granted to the City by haws 1984, Chapter 644, Section 47 (M. S. § 115A. 921) , there is hereby imposed, effective January 1, 1985 , upon operators of facilities for mixed municipal solid waste i located within the City, a fee of fifteen cents per cubic F yard, or its equivalent, of solid waste accepted and disposed of on land within the City. Subd. 3. An operator shall maintain records 3 from and after January 1, 1985, of each cubic yard, or its equivalent, of solid waste accepted and disposed of in or on land comprising or a part of such operator ' s facility for mixed municipal solid waste . Such records shall be made reasonably available for inspection, from time to time, by representatives of the City . Subd . 4 . An operator shall pay the fee imposed hereby to the City no later than twenty days after the end of each calendar month. Each such payment shall be -2- determined by multiplying fifteen cents times the number of cubic yards, or their equivalent, of solid waste accepted and disposed of in or on land comprising or a part of the operator ' s facility for mixed municipal solid waste during the calendar month for which payment is determined. Each payment to the City shall be accompanied by a statement or certificate signed by the operator personally, or if the x operator is a corporation, by its Chief Financial Officer, setting forth the number of cubic yards of solid waste, or its equivalent, accepted and disposed of in or on land comprising or a part of the operator's facility for mixed municipal waste during the calendar month for which payment is made . Subd. S. Waste residue from energy and resource recovery facilities at which solid waste is proc- essed for the purpose of extracting, reducing, converting to energy, or otherwise separating and preparing solid ( waste for re-use shall be exempt from one-half the amount of the fee imposed hereby ,y, if there is at least an eighty- . E r five percent volume reduction in the solid waste processed. Before any fee is reduced, the verification procedures of M. S . 9 473_ 843, subd. 1 (c) , must be followed and submitted to the City . Subd. 6 . The revenue from the fees imposed hereby shall be placed in the City' s general fund for pur- poses of mitigating and compensating for the City' s risks , costs , and other adverse effects of facilities for mixed municipal solid waste located in the City. - 3- Subd. 7 . Notwithstanding any other provision of this section, an operator shall deduct from the fee imposed, any part thereof attributable to the disposal, prior to January 10, 1988, of non-hazardous solid waste from metal casting facilities . The records required to be maintained s pursuant to subd. 3 hereof and the statement or certificate accompanying each payment pursuant to subd. 4 hereof shall indicate the number of cubic yards , or its equivalent, of r non-hazardous solid waste from metal casting facilities . Section 2 . City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation, " and Section 5 . 99 , entitled "Violation a Misdemeanor, "' are hereby adopted in y their entirety, b reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of Eden Prairie on the 20th day of November , 1984, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 4th day of December , 1984 . t ATTEST : t -tom--- fCT y lerk M or PUBLISHED in the Eden Prairie News on the 12th day of December , 1984 . -4- (Official Public"oa No.=2) Affidavit of Publication ORDINANCE No.IM-84 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MI NNESOTA.AASENDING CTrY CODE CHAPTER 5 BY ADDING THERETO SEC.5.71,IM- POSING A FEE UPON OPERATORS OF FACEL1717,$ FOR MIXED MUNICIPAL SOLID WASTE; AND ADOPTING BY REFERENCE CITY State of M nnesota CODE CHAPTER I AND S1r.GnON 5.99, WHICH, AMONG OTHER 'THINGS, CONTAIN PENALTYPROVM ` THE CITY0 COUNCII,FOR YTIE CITY OF EDEN County o f i en n e �n )SS. PRAUM,NIINNESOTA,ORDAINS: P aeeoioa L City Code Chapter 5 rhall be and is amended by addit thereto Sec.5.71 as follows: SEC.5.71.FEES IMPOSED UPON OPERATORS OF FACTLITMS FOR MUMD,MUNICIPAL SOLID Mark A. 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