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HomeMy WebLinkAboutOrdinance - 30-2004 - Amending City Code Section 5.36 Relating to Regulations for Waste Collectors - 11/23/2004 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 30-2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 5, SECTION 5.36 RELATING TO REGULATIONS GOVERNING LICENSING OF COLLECTORS OF SOLID, RECYCLABLE AND/OR YARD WASTE, 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: Section 1. City Code Chapter 5, Section 5.36 shall be amended in its entirety as follows: SECTION 5.36. LICENSING OF COLLECTORS OF SOLID, RECYCLABLE AND/OR YARD 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 harmful 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 solid waste. B. Geographic Service Area - Geographic service area means that area incorporated within the boundaries of the City. - 1 - C. Licensee - Licensee means a person licensed to collect and transport solid, recyclable and/or yard waste or roll off containers as provided in this Section. D. Recyclable Waste - Recyclable waste means those components of solid waste consisting of organics, glass, metal containers, and newsprint, and other materials required to be recycled in compliance with City Ordinances, County Ordinances and Regulations, and State Statutes and Regulations, each of which has been separated by a customer into a container or containers which have been designated for recyclable waste. E. Residential Customer - Residential customer means a person or persons who is or are customers of a licensee residing in any building which is used exclusively for residential purposes by one or more people, not including hotels, motels, rest homes, hospitals, or nursing homes. F. Roll Off Containers — Roll off containers means detachable receptacles, containers, dumpsters, bins or boxes designed for collection of construction, demolition, renovation, scrap,recycling, liquid, solid waste or yard waste materials or debris. 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. H. Yard Waste - Yard waste means solid waste generated from landscaping and lawn care activities such as mowing, trimming, gardening or raking consisting of grass clippings, twigs, tree and brush clippings, straw, pine needles, tree branches, soft vegetative garden waste and leaves. Subd. 3. License Required. It is unlawful for any person to collect solid, recyclable and/or yard waste from any person, or transport the same,without a license therefore from the City. Subd. 4. Exception. Nothing in this Section shall prevent a person from collecting or transporting solid, recyclable and/or yard waste from the person's own residence or place of business provided the collection and transportation of the solid, recyclable and/or yard waste is conducted in accordance with Minnesota Rules Chapter 7035.0800. All solid, recyclable and/or yard waste shall be dumped or unloaded only at a disposal facility licensed by the Minnesota Pollution Control Agency. -2 - Subd. 5. The following are conditions applicable to each licensee for a license for the collection of solid,recyclable and/or yard waste: A. Each licensee is authorized to collect solid, recyclable and/or yard waste within the geographical service area. The Council has by resolution divided the geographical service area into districts and established the days on which residential solid waste and recyclable collection may occur within each district. The districts so established and the days on which collection may occur within each district may from time to time be amended by the Council by resolution. No licensee or any other person shall collect solid, recyclable and/or yard waste from residential customers on any day other than the day specified for collection in the district except to collect roll-off containers, missed pickups, a special pickup or when a holiday falls on a district collection day. B. Each licensee shall use vehicles or roll off containers for the collection and transportation of solid, recyclable and/or yard 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, recyclable and/or yard waste. C. No licensee shall operate a vehicle on any city street which exceeds eight (8) tons per axle weight. D. No licensee shall operate in a residential district after 8:30 o'clock P.M. or before 7:00 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 and roll-off container used in the collection or transportation of solid, recyclable and/or yard 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, recyclable and/or yard 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, recyclable and/or yard 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 - 3 - 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,recyclable and/or yard 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 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. -4- 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 canceled 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, recyclable and/or yard 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. I Each licensee shall impose charges for the collection of solid waste that increase with the volume or weight of the solid waste collected. 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, recyclable and/or yard waste from customers effective August 1, 1989. Each such licensee shall: A. Collect or provide for the collection from each customer of the licensee of recyclable waste no less frequently than on a bi-weekly basis and solid waste no less frequently than on a weekly basis on the same day or days that the licensee collects other forms of solid waste from such customer as described in Subd. 5(A). B. Not deliver to, dump, or dispose of recyclable waste which has been placed in a container designated for recyclable waste on or in a disposal facility. C. Provide for and collect yard waste from each residential customer of the licensee at least as frequently and on such day or days as it shall collect other forms of solid waste from such residential customer between May and October. D. 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 customers, containers for recyclable waste approved by the City. F. Provide to the City quarterly a written report setting forth the amount, by weight or volume, of each of the following collected during the preceding month from all of the residential customers of the licensee in the City: - 5 - 1. Glass 2. Metal containers 3. Newsprint 4. Mixed Paper 5. Cardboard 6. Plastic 7. All other recyclable waste 8. Yard waste 9. All other solid waste The reports shall identify the following regarding recycling services: 1. Number of Single Family Households (1-4 Units) with curbside recycling service. 2. Number of Multi-Family Households (5 units and higher) with curbside recycling service. 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 (5) 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. G. Not impose a greater charge for the collection of solid waste upon customers who recycle than upon customers who do not recycle solid waste or any part thereof. H. Collect or provide for the collection of recyclable waste from each commercial or business customer on request. The recycling container must be accommodated within an existing or expanded enclosure for solid waste. Subd. 7. Exceptions. City Code Section 5.36 is applicable to Roll Off licensees except as follows: 5.36, Subd. 6(C) and 6(E). City Code Section 5.36 Subd. 6(A) is applicable to Roll Off licensees unless the Roll Off Container is used for collection of construction, demolition or renovation materials. Subd. 8. Obstructions. Pursuant to Section 6.06, roll-off containers shall not be placed within the street or other public property. Subd. 9. Penalty. 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. - 6 - Subd. 10. Relationship of the Parties. The City shall have no responsibility or obligation whatsoever with respect to the collecting, transporting or disposal of solid, recyclable and/or yard waste, or payment for such services to any person, and nothing in this Section shall be deemed to constitute a licensee a partner,joint venturer, agent or representative of the City or to create the relationship 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 entitled "Violation a Misdemeanor" are herby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This Ordinance shall become effective January 1, 2005. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 91h day of November, 2004, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 23ra day of November, 2004. Kathlee Porta, City Clerk 44an &Lyjeens,$4�6-r PUBLISHED in the Eden Prairie Sun Current on &g&kydc;)� , 2004. -7 - CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 30-2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 5, SECTION 5.36 RELATING TO REGULATIONS GOVERNING LICENSING OF COLLECTORS OF SOLID, RECYCLABLE AND/OR YARD WASTE, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISONS The following is only a summary of Ordinance No. 30-2004. The full text is available for public inspection by any person during regular office hours at the Office of the City Clerk. The Ordinance amends City Code Section 5.36 by clarifying the definition of a"Licensee"to indicate that those entities collecting and transporting waste in roll-off containers are subject to the City Code Section. The City Code Section has been revised throughout to reflect the updated definition of Licensee,including clarification regarding what license requirements are applicable to operators of roll-off containers.A provision has been added to the City Code Section which prohibits the placement of roll-off containers within the street or other public property in accordance with Section 6.06 of the City Code. Further,all references to"solid waste"in the City Code Section have been amended to state "solid, yard and recyclable waste". The City Code Section has been updated throughout to reflect this revision. The reporting requirements for all Licensees regarding recycling collection services have been further defined. A provision has been added to the City Code Section which requires Licensees to collect recyclable waste from commercial or business customers upon request. This Ordinance incorporates,by reference,City Code Chapter 1 and City Code Section 5.99, which contain provisions relating to penalties. EFFECTIVE DATE. This Ordinance shall take effect on January 1, 2005. ATTEST: Kath een Porta, City Clerk ancy a-Ltt ns, PUBLISHED in the Eden Prairie Sun Current on �,L& ,2004. newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Richard Hendrickson,being duly sworn on an oath states or affirms,that he is the Chief Fi- nancial Officer of the newspaper known as Sun-Current and has full knowledge of the facts stated below: (A)The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper,as provided by Minn.Stat.§331A.02,§331A.07,and other applic- able laws, as amended. (B)The printed public notice that is attached was published in the newspaper once each week,for one successive week(s);it was first published on Thursday,the 2 day of December .2004,and was thereafter printed and published on every Thursday to and including Thursday,the day of ,2004;and printed below is a copy of the lower case alphabet from A to Z,both inclusive,which is hereby acknowl- LEGAL NOTICES edged as being the size and kind of type used in the composition and publication of the — — ------- notice: City of Eden Prairie (Official Publication) abedefghijklmnopgrstuvwxyz CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCECENO N0.30.2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING CITY CODE CHAPTER 5,SECTION 5.36 RELATING TO REGULATIONS BY: GOVERNING LICENSING OF COLLECTORS Or- SOLID,RECYCLABLE AND/OR YARD WASTE,AND CFO ADOPTING BY REFERENCE CITY CODE CHAP- TER 1 AND SECTION 5.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISONS The following is only a summary o£Ordinance No.30-2004. The full text is available for public inspection by any per- Subscribed and sworn to or affirmed before me son during regular office hours at the Office of the City Clerk. on this 2nd day of December ,2004. The Ordinance amends City Code Section 5.36 by clarify- ing the definition of a"Licensee"to indicate that those en- tities acollecting and transporting waste in roll-off City Code contain- ers are subject to the City Code Section. The City Code Section has been revised throughout to reflect the updat- azw,14�,� ed definition of Licensee,including clarification regarding Notary Pu lIC what license requirements are applicable to operators of roll-off containers.A provision has been added to the City Code Section which prohibits the placement ofroll-offcon- 440 within the street or other public property in accor- dance with Section 6.06 of the City Code. MARY ANN CARLSON N Further,all references to"solid waste"in the City Code N OTARY PUBLIC—MINNESOTA COMMISSION EXPIRES 1O A Section have been amended to state"solid,yard and recy- = clable waste". The City Code Section has been updated throughout to reflect this revision. The reporting requirements for all Licensees regarding re- cycling collection services have been further defined. A RATE INFORMATION provision has been added to the City Code Section which requires Licensees to collect recyclable waste from com- (1)Lowest classified rate paid by commercial users $ 2.85 per line mercial or business customers upon request. for comparable space This Ordinance incorporates,by reference,City Code p p Chapter 1 and City Code Section 5.99,which contain pro- %isions relating to penalties. (2)Maximum rate allowed by law $ 6.20 per line EFFECTIVE DATE.This Ordinance shall take effect on January 1,2005. (3) Rate actually charged $ 1.30 per line Nancy Tyra-Lukens,Mayor Attest: Kathleen Porta,City Clerk PUBLISHED in the Eden Prairie Sun Current on De- cember 2,2004. (Dec.2.2004id4/ord 30-2004 Summary