HomeMy WebLinkAboutOrdinance - 1-2012 - Amending City Code 5.36 Relating to Recycling - 01/26/2012 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 1-201I
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 I AND
SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS:
Section 1. City Code Chapter S — Section 5.36 entitled "Licensing of Collectors of Solid,
Recyclable and/or Yard Waste" is amended in its entirety to read as follows:
SECTION 5.36. LICENSING OF COLLECTORS OF SOLID, RECYCLABLE AND/OR
YARD WASTE.
Subd. I. 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. Aluminum Recyclables — Aluminum recyclables means disposable containers fabricated
primarily of aluminum,commonly used for beverages.
B. Association — Association means all organizations of residential dwelling owners formed
for the purpose of joint management of property or services.
C. Can Recyclables — Can recyclables means disposable containers fabricated primarily of
metal or tin.
D. Collection— Collection means the aggregation of Solid Waste or Recyclable Wastes from
the place at which it is generated and includes all activities up to the time when the
material is delivered to the final disposal site.
E. Commercial Establishment - Any premises where commercial or industrial enterprise of
any kind is carried on and shall include restaurants, clubs, churches, and schools where
food is prepared or served.
F. Corrugated Cardboard — Corrugated cardboard means heavy paper or cardboard material
with double wall construction and corrugated separation between walls for use in packing
or boxing materials.
G. Curbside Recycling Service — Curbside Recycling Service includes single and multiple
family dwellings where each housing unit sets out their own refuse and recycling
container for collection at the curb.
H. 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.
I. Glass Recyclables — Glass recyclables means jars, bottles, and containers which are
primarily used for packing and bottling of food and beverages.
J. Geographic Service Area - Geographic service area means that area incorporated within
the boundaries of the City.
K. 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.
L. Multiple Family Dwelling — Multiple Family Dwelling means attached dwelling units
and accessory structures containing two(2) or more dwelling units.
M. Paper Recyclables, Paper recyclables means newsprint, advertising supplements, office
paper, magazines, catalogs, mixed paper, aseptic containers, gable-topped containers and
uncoated paper products such as cereal, cracker, pasta, cake mix, shoe, gift, electronics
and toothpaste boxes.
N. Plastic Recyclables -- Plastic recyclables means plastic containers and lids from
containers that are labeled #1 (Polyethylene Terephthalate, PET, or PETE), #2 (High
Density Polyethylene or HDPE), 93 (Vinyl Polyvinyl Chloride or PVC),#4(Low Density
Polyethylene or LDPE), or #S (Polypropylene or PP), excluding bottles that previously
contained hazardous materials or motor oil.
O. Recyclable Waste - Recyclable waste means those components of solid waste consisting
of aluminum recyclables, can recyclables, corrugated cardboard, glass recyclables, paper
recyclables, plastic recyclables, organics, and other materials required to be recycled in
compliance with City Ordinances, County Ordinances and Regulations, and State Statutes
and Rules, each of which has been separated by a customer into a container or containers
which have been designated for recyclable or organic waste.
P. Recycling — Recycling means the process of collecting Recyclable Waste for reusing
these materials to prevent waste of potentially useful materials either in new products;, in
their original form, or in a manufacturing processes that does not cause destruction of
them in a manner that precludes further use.
Q. Residential Customer - Residential customer means a person or persons who is or are
customers of a Licensee and reside in a Single Family Dwelling or Multiple Family
Dwelling which is used for residential purposes by one or more people, not including
hotels,motels,rest homes,hospitals, or nursing homes.
R. 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.
S. Single Family Dwelling — Single family, detached dwelling and accessory structures
designed for or containing one dwelling unit.
T. 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 residential,
industrial, commercial, mining, agricultural operations, and 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.
U. 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.
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, organic 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 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 al 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 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.
1. 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:
a. Public liability insurance, including general liability, automobile liability,
completed operations liability, and loading and unloading liability in the
following amounts.
b. Bodily injury liability in the amount of at least $100,000 for injury or
death of any one person in any one occurrence.
C. Bodily injury liability in the amount of at least $300,000 for injuries or
death arising out of any one occurrence.
d. Property damage Iiability in the amount of at least $50,000 for any one
occurrence.
2. 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.
3. 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
fumish 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.
J. 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).
S. 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. The Licensee shall provide to the City a quarterly written report that includes the
following information.
1. The amount, by weight or volume, of each of the following materials collected
during the preceding month from all residential customers of the Licensee in the
City:
a. Aluminum Recyclables
b. Can Recyclables
C. Corrugated Cardboard
d. Glass Recyclables
e. Paper Recyclables
f. Plastic Recyclables
g. All other recyclable waste
h. Yard Waste
i. Organic Waste
j. All other Solid Waste
2. Number of Single Family Households with curbside recycling service.
3. Number of Multiple Family Households or Customers with curbside recycling
service.
4. Number of Multiple Family Households without curbside recycling service.
5. Number of Commercial Establishments with recycling service.
G. Retain all documents evidencing the amount of the materials collected and/or received by
the Licensee from the facility or facilities at which the materials have been disposed for a
period of at least five (5) years. These documents shall be available for inspection by
representatives of the City at all reasonable times within the County of Hennepin or a
contiguous county.
H. 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.
I. 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.
J. Collect or provide for the collection of at a minimum the following materials from all
Residential Customers and Commercial Establishments who recycle:
I. Aluminum Recyclables
2. Can Recyclables
3. Corrugated Cardboard
4. Glass Recyclables
5. Paper Recyclables
6. Plastic Recyclables
K. Collect or provide for the collection of all recyclable materials from residential customers
with Curbside Recycling Services using one of the following systems:
1. Single Sort System—All recyclable materials are collected in one container, or
2. Dual Sort System—All Paper Recyclables are collected separately
L. Provide one educational piece of literature or one educational flyer in a format approved
by Hennepin County to each Single Family and Multiple Family Household who has
Curbside Recycling Service. The educational literature or flyer must include at a
minimum the materials that are collected for Curbside Recycling.
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 City Code 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.
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
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 in verbatim herein.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6th day
of December, 2011, and finally read and adopted and ordered published at a regular meeting of
the City Council of said City on the 17'h day of January, 2012.
A& 00,
Kath1p6n Porta, City Clerk n yr k ay
PUBLISHED in the Eden Prairie News on the 410
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF ORDINANCE NO. 1-2012
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.
Summary: The Ordinance amends City Code Section 5.36 by adding definitions for Curbside
Recycling Service and Recycling; clarifying definitions for Paper and Plastic Recyclables to meet
expanded Hennepin County requirements; clarifying which items must be collected for recycling
from single family and multiple family residential households and commercial establishments;
expanding reporting requirements for all Licensees regarding recycling collection services for single
and multiple family residential; adding an annual educational requirement for residential customer
licensees; and requiring use of single or dual sort recycling for residential customers with curbside
recycling as required by Hennepin County.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
5 4��2�
K leen Porta, City Clerk N ncy e ay
PUBLISHED in the Eden Prairie News on January 26, 2012.
(A full copy of the text of this Ordinance is available from City Clerk.)
Affidavit of Publication
Southwest Newspapers
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,
MINNESOTA State of Minnesota
SUMMARY OF ORDINANCE
NO.1.2012 )SS.
AiNORDINANCE OFTHE CITY
OFEDENPRAI M,MINNESOTA, County of Hennepin }
AMENDING CITY CODE CHAP-
TER S.SECTION$.38 RELATING
TO REGULATIONS GOVERNING
LICENSING OF COLLECTORS OF Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the
SOLID, RECYCLABLE AND/OR publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts
YARD WASTE,AND ADOPnNGBy REFERENCE CITY COME CHAP herein stated as follows:
TER 1 AND SECTION 5.99 WHICH,
AMONG OTHER THINGS, CON- (A)This newspaper has complied with the requirements constituting qualification as a legal
TAIN PENALTY PROVISONS. newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
Summary: The Ordinance amended.
amends City Code Section 5.36 by
adding definitions for Curbside (B)The printed public notice that is attached to this Affidavit and identified as No. 0�-7
Recycling Service and Recycling; was published on the date or dates and in the newspaper stated in the attached Notice and said
clarifying definitions for Paper Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
and Plastic RecYHennepin
Co n meet the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both
expanded Hennepin County re- the
quirements,clarifying which items inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
must be collected for recycling from and publication of the Notice:
single family and multiple family
residential households and com- abcdefghijklmnopgrst wxyz
mercial establishments;expanding
reporting requirements for all
Licensees regarding recycling col- 1
lection services for single and mul. B .
tiple family residential;adding an Laurie A.Hartmann
annual educational requirement for
residential customer licensees;and
requiring use of single or dual sort
recycling for residential customers Subscribed and sworn before me on
with curbside recycling as required
by Hennepin County.
Effective Date: This Ordi-
nance shall take effect upon pub-
lication. this day of 2012
J
Nancy Tyra-Lukens,Mayor
ATTEST: Kathleen Porta,City
Clerk
(A full copy of the text of this , ,y�ypE,IEp,NNETTE BARK
Ordinance is available from City _
CIerk.) 140TARY PUBUG-MINNESOTA
_
{Published in the Eden Prairie Na is a MYC�}1�M#$gIONEXP1RE501J31Jt3
News on Thursday, January 26, }. r My CO.
?Al2'Na.327fl)
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space...$31.20 per column inch
Maximum rate allowed by law for the above matter...................................$31.20 per column inch
Rate actual ly charged for the above matter...............................................$12.59 per column inch