HomeMy WebLinkAboutOrdinance - 19-89 - Amending Section 5.36 of Code Regarding Refuse Collector Licensing - 06/06/1989 ORDINANCE NO. 19-89
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY
CODE CHAPTER 5 BY AMENDING SECTION 5.36 RELATING TO THE LICENSING
OF COLLECTORS OF SOLID WASTE, AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1, AND SECTION 5 .99 WHICH AMONG OTHER THINGS CONTAIN
PENALTY PROVISIONS.
THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1. Eden Prairie City Code Chapter 5, Section 5.36
shall be and is amended to read as follows:
SEC. 5 .36 . LICENSING OF COLLECTORS OF SOLID WASTE
Subd. 1. Purpose and Findings. The Council of the City of
Eden Prairie finds that the present practice of disposing of
solid waste in land disposal facilities commonly referred to as
landfills is unacceptable because such disposal is detrimental
both in the short-range and long-range to the environment in
that it causes pollution and contamination of underground and
surface waters, the air and natural flora and fauna, it is harm-
ful to the health and safety of persons and property because of
the generation of noxious and dangerous odors and gases,
including methane gas, the contamination of waters and air, and
the blowing of airborne particles and contaminants causes social
and/or economic harm to persons and property who reside, or which
is, in proximity to landfills and should be done only in the
absence of reasonably available alternatives.
In an effort to ameliorate and eliminate so far as possible
the social, economic and physical harm caused by the disposal of
solid waste in landfills, the Council of the City hereby adopts
the following provisions relating to the collection of solid
waste, recyclable waste and yard waste separated at its source.
Subd. 2 . Definitions. The following terms, as used in this
Section, shall have the following meanings .
a. Disposal Facility - Disposal facility means a
waste facility permitted by the Minnesota
Pollution Control Agency ( "MPCA" ) that is
designed or operated for the purpose of
disposing of waste on or in the land.
b. Geographic Service Area - Geographic service
area means that area incorporated within the
boundaries of the City.
C. Licensee - Licensee means a person licensed
to collect and transport solid waste as
provided in this Section.
d. Recyclable Waste - Recyclable waste means
those components of solid waste consisting
of glass, metal containers, and newsprint,
each of which has been separated by a
residential customer into containers in
which such components are segregated.
e. Residential Customer - Residential customer
itmeans a person or persons who is or are
customers of a licensee residing in a
single, two, three, or four family
residence and those residing in other
residences who furnish containers for
solid waste for their individual use.
f. Yard Waste - Yard waste means solid waste
consisting of grass clippings and leaves
only.
g. Solid Waste - Solid waste means garbage,
refuse, sludge from a water supply treatment
plant or air contaminant treatment facility,
and other discarded waste materials and
sludges, in solid, semisolid, liquid, or
contained gaseous form, resulting from
industrial, commercial, mining, and
agricultural operations, and from community
activities, but does not include hazardous
waste; animal waste used as fertilizer;
earthen fill, boulders, rock; sewage sludge;
solid or dissolved material in domestic
sewage or other common pollutants in water
resources, such as silt, dissolved or
suspended solids in industrial waste water
effluents or discharges which are point
sources subject to permits under section
402 of the federal Water Pollution Control
Act, as amended, dissolved materials in
irrigation return flows; or source, special
nuclear, or by-product material as defined
by The Atomic Energy Act of 1954, as
amended.
Subd. 3 . License Required. It is unlawful for any person
to collect solid waste from any person, or transport the same,
without a license therefor from the City.
Subd. 4. Exception. Nothing in this Section shall prevent
a person from collecting or transporting solid waste from the
person's own residence or place of business provided the
following rules are observed: (1) all solid waste is (a)
transported in a container that is liquid-tight on all sides and
the bottom and has a tight-fitting cover on top, or (b) in a
vehicle that is leak-proof and completely covered by canvas or
other means or material so as to completely eliminate the
possibility of loss of cargo, and (2) all solid waste shall be
dumped or unloaded only at a disposal facility licensed by the
Minnesota Pollution Control Agency.
•
Subd. 5 . The following are conditions applicable to each
licensee for a license for the collection of solid waste.
a. Each licensee is authorized to collect solid
waste within the geographical service area.
b. Each licensee shall use vehicles for the collec-
tion and transportation of solid waste in good
operating condition, of such design and so
equipped so as to prevent loss in transit of
liquid or solid cargo. The vehicles shall
be kept clean and free from offensive odors
and shall not be stopped or parked longer
than reasonably necessary to collect solid waste.
• c. No licensee shall operate a vehicle on any
city street which exceeds eight tons per
axle weight.
d. No licensee shall operate in a residential
district after 8:30 o'clock P.M. or before
5 :30 o'clock A.M. of any day, and shall not
operate in a residential district on Sunday.
e. Each licensee shall exhibit evidence of
the license in a prominent position on each
vehicle used in the collection or
transportation of solid waste.
•
f. Each licensee shall be solely responsible
for the provision, at its expense, of all
personnel and equipment necessary to
collect and transport all solid waste for
which a license is granted by the City
for delivery and disposal in accordance
with the City Code and such regulations as
the City may from time to time establish.
g. Each licensee shall take all precautions
necessary to protect the public against
injury and shall defend, indemnify and
save the City harmless from and against
all liabilities, losses, damages and
claims of damages (including all reasonable
costs, attorneys ' fees, and other expenses
incident thereto) suffered or incurred
by the City that may arise by reason of
any act or omission on the part of the
licensee, its agents, or independent
contractors, while engaged in the
collection and transportation of solid
waste. Each licensee shall also defend,
indemnify and save the City harmless
from and against any and all claims,
liens and claims for labor performed or
material furnished incident to the said
collection and transportation by licensee
including claims for material or
services furnished or subcontracted for
by it. Each licensee shall also defend,
indemnify, and save the City harmless
from and against all liabilities, losses,
damages, costs and expenses (including
attorneys ' fees and expenses of City) ,
causes of action, suits, claims, demands
and judgments of any nature arising from
violation of any representation, agreement,
warranty, covenant or condition made by
licensee or imposed upon licensee by
Section 5 .36 of the City Code.
h. Each licensee shall obtain and furnish to
City evidence of all insurance required
under this subdivision, covering all vehicles
to be used and all operations to be performed by
licensee in collecting and transporting solid
waste. Each policy of insurance required under
this subdivision shall name the City as an
additional insured. Existence of the insurance
required herein shall be established by
furnishing certificates of insurance issued by
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insurers duly licensed to do business within the
State of Minnesota in force on the date of
commencement of the license period, and continuing
for a policy period of at least one (1) year and
providing the following coverages:
(1) Public liability insurance, including
general liability, automobile liability,
completed operations liability, and
loading and unloading liability in the
following amounts.
(2) Bodily injury liability in the amount
of at least $100,000 for injury or
death of any one person in any one
occurrence. •
(3) Bodily injury liability in the amount
of at least $300,000 for injuries or
death arising out of any one occurrence.
(4 ) Property damage liability in the amount
of at least $50 ,000 for any one
occurrence.
Such general liability and automobile liability
insurance policy or policies shall provide
contractual liability insurance, specifically
referring to and covering the obligation of
` licensee to defend, indemnify and save
harmless the City, its officials, agents and
employees from alleged claims or causes of
action for bodily injury or property damage
as provided in Section 5 .36 hereof.
Said general liability and automobile liability
policy or policies shall contain an endorsement
as follows:
The policy to which this endorsement
is attached is intended to comply
with and furnish the coverages
required by Section 5.36 of the
City Code of the City of Eden
Prairie. If anything in any other
attachment, endorsement or rider
conflicts with the provisions of
said Section 5.36, then the
provisions of said Section 5.36
shall prevail.
Any deductible amount provided for in
any part of the policy will be paid
by the insurer upon establishment of
legal liability of any insured, and
•
the insurer shall be entitled to
reimbursement from the insured for
such deductible amount.
Said policies of insurance shall be furnished by a
licensee to City for examination and approval
prior to the effectiveness of any license
issued to a licensee; together with a
certificate or certificates executed by an
authorized representative of the insurer, certifying
to the insurance coverage herein required, and
stipulating that the policy will not be cancelled,
nor any material change effected, without first
giving thirty (30 ) days written notice to City.
After examination and approval of said policies
by City, they may be returned to the licensee,
but the certificates of insurance shall be
retained by City. Upon request by City, licensee
shall promptly furnish to City for examination
at any time all contracts of insurance required
herein.
Each licensee shall, on each anniversary date
of the license, furnish City with evidence
satisfactory to the City of the insurance
required hereunder.
•
i . Each licensee shall at all times operate
its business of collecting, transporting
and disposing of solid waste in compliance
with all local, state, and federal laws.
Each licensee shall obtain and maintain
all licenses, permits, or other authority
required by each county in which it
operates, the Minnesota Pollution Control
Agency and any other governmental agency
having jurisdiction over its activities .
Subd. 6 . In addition to the conditions imposed upon
licensees set forth in Subd. 5 hereof the following are conditions
applicable to each licensee for a license for the collection of
solid waste from residential customers effective August 1, 1989 .
Each such licensee shall,
a. Collect or provide for the collection
of recyclable waste from each
residential customer of the licensee
on a weekly basis on the same day or days
that the licensee collects other forms
of solid waste from such residential
customer.
b. Not deliver to, dump, or dispose of
recyclable waste on or in a disposal
facility.
c. Provide for and collect yard waste
from each residential customer of
the licensee, at least weekly during
the period October - November, 1989 .
Commencing January 1, 1990 a licensee
shall provide for, and collect, yard
waste from each such residential customer
at least as frequently and on such day
or days as it shall collect other forms
of solid waste from such residential
customer.
d. Except during the period June - September,
1989 inclusive, a licensee shall not
deliver to, dump or dispose of yard
waste on or in a disposal facility.
e. Make available for sale and sell at
a reasonable cost to the licensee's
residential customers, containers
for recyclable waste approved by the
City.
f. Provide to the City not later than
the 15th day of each month a written
report setting forth the amount, by
weight or volume, of each of the following
collected during the preceding month
4Pfrom all of the residential customers
of the licensee in the City:
(1) glass
(2 ) metal containers
(3 ) newsprint
(4 ) yard waste
(5) all other solid waste
The reports shall also set forth the costs
incurred by the licensee in providing the
services for the collection of recyclable
waste and yard waste required by this
Section.
•
All documents evidencing the amount of the
foregoing materials received by the
licensee from the facility or facilities
at which the foregoing have been disposed
shall be retained by the licensee for a
period of at least five years and shall
be available for inspection by
representatives of the City at all
reasonable times within the County of
Hennepin or a contiguous county.
40
Subd. 7. Failure to perform, meet or comply with any
condition or obligation imposed upon a licensee by the City Code
shall constitute a sufficient ground to withhold issuance,
suspend, or revoke the license of a licensee.
Subd. 8. Relationship of the Parties. The City shall have
no responsibility or obligation whatsoever with respect to the
collecting, transporting or disposal of solid waste, or payment
for such services to any person, and nothing in this Section
shall be deemed to constitute a licensee a partner, joint ven-
turer, agent or representative of the City or to create the rela-
tionship of employer-employee.
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 are hereby
adopted in their entirety, by reference, as though repeated ver-
batim 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 the
City of Eden Prairie on the day of9:r�� ,
1989, and finally read and adopted and ordered published at a
regular meeting of the City Council of said City on the �70 Y-4`
day of , 1989 .
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 19-89
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING SECTION 5.36 OF
THE CITY CODE AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99,
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This Ordinance amends Section 5.36 of the City Code
which relates to requirements for refuse collectors to fulfill in
order to obtain a license to do business in the City. Refuse
collectors are required to provide curbside source-separation
recycling services and recycling containers to their residential
customers by August 1 , 1989. They will also be required to provide
' separate collection of yard wastes from residential customers by
October 1, 1989. The Ordinance addresses more specific issues
regarding implementation of these measures and insurance coverages
to be carried by licensed collectors.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
/s/John D. Frane /s/Gary D. Peterson
City Clerk Mayor
PUBLISHED in the Eden Prairie News on the P8day of -T(Ayle- 1989.
(A full copy of the text of this Ordinance is available from the City Clerk.)
ATTEST:
�f
City /erk Mayor
PUBLISHED in the Eden Prairie News on the Ob4i day of
1989 .
•
Affidavit of Publication
Southwest Suburban Publishing
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE No. 19-89
AN ORDINANCE TO THE CITY
OF EDEN PRAIRIE, MINNESOTA. State Of Minnesota '
AMENDING SECTION 5.36 OF THE
CITY CODE AND ADOPTING BY )SS.
REFERENCE CITY CODE CHAPTER
1 AND SECTION 5.99, WHICH, Countyof Hennepin
AMONG OTHER THINGS,CONTAIN p
PENALTY PROVISIONS
THE CITY COUNCIL OFTHE CITY Stan Rolfsrudt being dulysworn,on onth says that lie Is the authorized agent orthe publisherorthe newspaper
OF EDEN PRAIRIE, MINNESOTA, known as the Eden Prairie News and has full knowledge of the facts herein stated as follows:
ORDAINS: (A)Ilds newspaper has complied with the requirements constituting qualification as a legal newspaper,as
Summary: This Ordinance amends provided by Alinnesota Statute 331A.07,331A.07,and other applicable laws,as amended.
Section 5.36 of the City Code which
relates to requirements for refuse collet- (II)Mic printed public notice thatis attached to thisA(Tidavitand identified as No. �3a�,was published
tors to fulfill in order to obtain a license on tiwdateordatesandinthenewspaperstatedinlheatlachedNotice and said Notice is hereby incorporated
to do business in the City.Refuse collet- as Part of this affidavit. Said notice was cut corm the columns of the newspaper specified. Printed below is
. tors are required to provide curbside a copy of file lower case alphabet from A to'L,both inclusive,and is hereby acknowledged as being the kind
source-separation recycling services and and size of type used in the composition and publication of the Notice:
recycling containers to their residential
customers by August 1, 1989.They will abcdefghijklmnopyrstuvwx z
i also be required to provide separate col-
lection of yard wastes from residential
customers by October 1, 1989. This
Ordinance addresses more specific is- 11y:
sues regarding impiemerttation of these S• tolfsrud, Gene . h1anag
measures and insurance coverages to be
carried by all licensed collectors. Subscribed and sworn before me on
Effective Date:This Ordinance shall
take effect upon publication. `sue _max..
ATTEST: .
John D. Frane, this CJ day 1989 .' LAUREA.F#APM."%74
City Clerk 'tarnvau.�c F'°: _wrn
Gary D. Peterson, �- >,�xM+=`. 5t:0[-i G IyTY
J� _ ►,n'c..
Mayor
(A full copy of the text of this Ordi- Laurie A. Hartmann, Notary Public
nanoe is available from the City Clerk.)
(Published in the Eden Prairie News
Wednesday,June 28, 1989; No.5532) RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space............ $11.25 per column inch
Maximum rate allowed by law for the above matter............................................ $11.25 per column inch
Rate actually charged for the above matter........................................................ $5.30 per column inch