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Ordinance: Storage/Hauling Solid Waste/Recyclables

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CITY OF ROSEMOUNT

COUNTY OF DAKOTA

STATE OF MINNESOTA

ORDINANCE NO. XVI.59

AN ORDINANCE AMENDING TITLE 5, CHAPTER 1, OF THE CITY CODE RELATING TO THE STORAGE AND HAULING OF SOLID WASTE AND RECYCLABLES

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THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA ORDAINS THAT THE CITY CODE OF THE CITY OF ROSEMOUNT IS AMENDED AS FOLLOWS:

Section 1. Section 5-1-1 of the Rosemount City Code is amended as follows:

5-1-1: DEFINITIONS:

COMPOSTING: Controlled microbial degradation of source separated organic waste to yield a humus-like product or mulch to be used as a soil amendment.

ENCLOSURE: The required area for storage of waste containers between the times of weekly scheduled collection. This area must conform to the requirements of subsection 5-1-3A3 of this chapter.

HAZARDOUS WASTE: Any waste product, whether solid, liquid, or gas, which is designated as a hazardous waste product by federal, state, county, municipal, or any regulatory agency that is produced and stored until the time of weekly collection.

LIQUID WASTE: Any waste product, which exists or is produced, in a liquid form and stored until the time of weekly collection.

RECYCLABLES: Any solid waste product material such as paper, glass, plastic, and certain metals which are routinely collected and processed for recycling. ,which are stored until the time of weekly collection.

RESIDENTIAL HAULER: Any waste hauler making regularly scheduled collections of solid waste or recyclables from single and multi-family residences.

SINGLE SORT RECYCLING: A system of collecting recyclable materials from the same container without requiring the materials to be sorted or separated.

SOLID WASTE: Any solid waste non-recyclable material produced and stored for collection by any residential, commercial, institutional or industrial use. and stored until the time of collection.

WASTE CONTAINER: Any container designed and used to contain or store solid waste, and recyclables, yard waste, liquid waste, or hazardous wastes until the time of weekly scheduled collection.

YARD WASTE: Any waste normally generated in the maintenance of yards and property such as, grass clippings, leaves, twigs, branches, brush, garden waste, leaves, lawn cuttings, sawdust, weeds, non-woody shrub and tree prunings and twigs no larger than one-fourth inch (1/4) diameter. which is not composted in a manner conforming to ordinance or regulation but stored until the time of weekly collection.

Section 2. Section 5-1-2 of the Rosemount City Code is amended as follows:

5-1-2: DISPOSAL REQUIRED:

It shall be unlawful for any resident, tenant, property owner, or business owner to fail to dispose of solid waste, recyclables, and yard waste, liquid waste, or hazardous wastes, which may accumulate on property owned or occupied for residential,institutional, commercial, or industrial use in a sanitary manner at least once each week.

A. Exceptions:

Single Sort Recycling: Single sort recyclable containers, with securely closing lids, shall be allowed biweekly collection.

Every property owner, occupant, or tenant of any premises who composts shall do so in an environmentally sound manner, and shall meet the standards set forth in Chapter 4, Section Title 5 of the City Code.

Section 3. Section 5-1-3 of the Rosemount City is amended as follows:

5-1-3: CONTAINERS, REQUIREMENTS:

A. Use Required, Description:

1. Tightly Closed Containers: All solid waste, and recyclables, yard waste, liquid waste, and hazardous waste accumulating between the times of collection shall be placed in tightly closed containers specifically designed for such purpose.

a. Exceptions:

The recyclable container provided through the city may be used to store and place recyclables at the curb for collection.

All composting must occur in a container constructed of wood, wire mesh, concrete block, or a combination thereof, or in a commercially available compost bin designated for composting organic waste.

Yard waste may be composted or placed in bags designed for such purpose.

2. Containers To Be Provided: Every resident, tenant, property owner, business owner or occupant of any dwelling house, boarding house, restaurant or any place of business producing solid waste, recyclables, yard waste , liquid waste, or hazardous waste to dispose of shall provide for the disposal of such waste in a sanitary manner which complies with all related federal, state, county and city laws or regulations, and shall provide one or more tightly covered containers specifically designed for proper solid waste, recyclables, and yard waste , liquid waste, or hazardous waste storage sufficient to receive all solid waste, recyclables, yard waste, liquid waste, or hazardous waste which may accumulate between the times of collection.

2. 3. Placement; Enclosure: All waste containers shall be kept in an enclosure that meets the requirements of subsection A3 of this section, until the day of scheduled pick up.

a. Placement: Waste containers may be placed at the curb for collection the evening before the scheduled day of collection and must be removed from the curb area and stored as required on the evening of the day of collection.

b. Exception: This section shall not apply to waste containers set out by the city for public use. Nor does it apply to the placement of composting containers on residential properties.

3. 4. Enclosure Criteria: Enclosures shall meet the following criteria:

a. Screening: All residential structures with more than two (2) units, and all commercial, industrial, and institutional uses shall provide a screened enclosure for required waste containers for solid waste, recyclables, and yard waste. , liquid waste and hazardous wastes . Such enclosures shall completely conceal stored waste containers from all sides and be designed in such a manner as to contain any spillage from the containers.

b. Single A and Double Residential Dwellings: Single and double residential dwellings shall store waste containers inside of a garage, or in a side or rear yard behind the front line of the house until they are placed for collection as provided in this chapter.

c. Materials:

(1) In all new construction, enclosure materials shall be similar to the principal building.

(2) Existing properties may use such materials as wooden fencing, or chainlink with eighty five percent (85%) opacity inserts, but such materials must be maintained to provide a good appearance.

(3) All enclosures shall be constructed in a substantially sound manner of materials that reduce normal deterioration from weathering. The enclosure's construction shall support snow load and wind load as required by the state building code, and all materials shall be properly anchored. Further, all enclosures shall be constructed and maintained in a safe, orderly condition.

(4) Any enclosure which is defaced, deteriorated, improperly maintained or otherwise altered from its original permitted condition shall be repaired or replaced upon written notice by the city.

d. Size: Enclosures shall provide sufficient space for required waste containers for solid waste, recyclables, yard waste, liquid waste, hazardous wastes, and any other waste container that is intrinsic to the operation of a business on the premises. In no case shall the enclosure exceed six hundred (600) square feet in area.

e. Location:

(1) Enclosures shall be located behind the front building line of the principal building (as extended to the side lot lines).

(2) Enclosures may be integrated into a building if approved by the building official.

(3) Enclosures shall be set back ten feet (10') from the lot line of any abutting residential property.

f. Landscaping: Enclosures shall be landscaped in accordance with city regulations.

g. Flooring: Enclosures shall have flooring constructed of concrete or bituminous material.

h. Access: Enclosures shall provide access that will facilitate efficient storage and removal of waste materials in all seasons.

i. Exceptions:

(1) This section shall not apply to the construction, size, or location of composting containers on residential properties which are covered in Chapter 4, Section Title 5 of the City Code.

(2) Waste containers, or pens, on construction sites need not be screened and may be placed on construction sites without an enclosure. However:

(a) The container or pen must be set back five feet (5') from any abutting finished residential or commercial property lot line.

(b) Waste containers and pens on construction sites may not be placed in violation of the twenty five foot (25') sight triangle at intersections.

(3) Developers, builders, or contractors on site are responsible for maintaining the waste container or enclosure at a construction site to prevent trash, refuse, and debris generated by the building project from spilling, blowing, or in any way escaping from the containers or pens required to contain it.

5. Penalty: Any violation of the sections relating to the screening or storage of waste containers, solid waste, recyclables, or yard waste, liquid waste, or hazardous waste shall be guilty of a misdemeanor under this chapter.

a. Exception: The application of the misdemeanor penalty for violation of the storage and screening of wastes and waste containers under city ordinance shall not preclude or hinder any penalty additionally applied by any other regulatory agency.

Section 4. Section 5-1-5 of the Rosemount City is amended as follows:

5-1-5: COLLECTOR REGULATIONS:

A. License Required: It shall be unlawful for any person to collect solid waste without first having secured a license to do so from the city council.

B. Application F for License: Any person desiring a license to collect solid waste shall make application for the same to the city clerk upon a form prescribed by the city. The application shall set forth:

1. The name and address of the applicant.

2. A list of the equipment which he proposes to use in such collection.

3. The place or places to which the solid waste is to be hauled.

4. The manner in which said solid waste is to be disposed of.

5. The portion of the city in which collections are to be made.

C. Insurance Required, Issuance: Before any license may be issued, As part of the license application, the applicant shall provide , if his application is approved by the city council, deposit with the city clerk proof of public liability insurance with coverage amounts as may be required by the city council in connection with approving the application, and under the conditions imposed by the ordinances of the city. The city clerk shall then issue and deliver the license.

D. Fee: A license fee set by the city council shall accompany the application and upon granting the license, the fee shall be deposited in the general fund.

E. Term: No license issued hereunder shall be for a longer period than one year and all licenses shall expire on December 31 of each year.

F. Yard Waste Disposal: Effective March 1, 1989, a All yard waste shall be disposed of at compost facilities designated or approved by Dakota County . or composted on the property in compliance with Chapter 4, of this section Title 5 of the City Code.

G. Compliance With County Ordinance: All license applicants must also be licensed by Dakota County and comply with all applicable provisions in Dakota County ordinances, including the reporting requirements.

H. Limitations on Licensing: The City Council, in the interest of maintaining healthful and sanitary conditions in the City, hereby reserves the right to specify and assign certain areas to all licensees, and to limit the number of licenses issued. The Council finds that by reducing the number of collection vehicle trips through a neighborhood, the neighborhood will be more safe for children and pedestrians, the amount of wear on the street surface will be reduced, and the total amount of emissions produced by the collection vehicles will decrease.

Only haulers licensed as of the effective date of this ordinance will be allowed to renew their license. When a hauler leaves the industry or merges with another hauler, the total number of residential hauling licenses available in Rosemount will automatically be reduced.

I. No Vested Right: No hauler licensed under this Chapter will gain a vested right in the license. The City Council may, upon a finding of public necessity, determine to establish another means of solid waste collection.

Section 5. Section 5-1-6 of the Rosemount City is amended as follows:

5-1-6: COLLECTION VEHICLE REGULATIONS:

Each licensed collector shall provide a covered tank or conveyance, so constructed that the contents will not be blown or jostled therefrom, in which all solid waste, recyclables, and yard waste collected by him shall be conveyed to the place designated in his the license application.

The tank or conveyance used shall be kept clean and as free from offensive odors as possible, and shall not be allowed to stand in any street, alley or public place longer than is necessary to collect solid waste.

The tank or conveyance shall be subject to inspection by city officers or authorized agents of the city, and the license shall be subject to revocation in the event that said tank or conveyance is not kept clean or in the event that the licensee violates any other provision of this chapter.

Section 6. Section 5-1-7 of the Rosemount City is amended as follows:

5-1-7: COLLECTION REQUIREMENTS, REGULATIONS:

A. Frequency Of Collection: Each licensed collector shall make collections at least weekly or more often if necessary in that portion of the city in which the collector he is licensed to collect solid waste or yard waste.

a. Exception: Single Sort Recycling shall be allowed biweekly collection.

B. Payment For Collection: The expense of solid waste and yard waste collection shall be paid to the collector by the owner, agent, occupant or tenant of the premises from which such solid waste and yard waste is collected, and such fee shall be full compensation for his services in such collection, provided that if the tenant or occupant of the property shall fail to pay said expense, the owner shall be liable therefor to the collector.

C. Discontinuance Of Service: The collector may decline to make collections from any premises when the fees provided for herein are not paid within one month from date such refuse is collected. The collector shall notify the city clerk of the discontinuance of service to any premises within two (2) days after service is discontinued.

D. Collector Requirements: Each licensed collector shall comply with the following:

1. Recyclable Materials: Make available weekly (or biweekly for single sort recycling) curbside collection of recyclable materials to all residential customers. The c City c Council may designate by resolution specific materials for which collection must be available. Collection of recyclable materials from such a customer shall be made at the same time, at the same location, and with the same frequency as collection of solid waste from that customer. No fee may be charged to a customer for this service.

2. Disposal Of Recyclable Materials: Dispose of recyclable materials at a licensed recycling facility, an organized recyclable materials drive, or through another licensed hauler of recyclable materials. No fee may be charged to a customer for this service.

3. Report To City Of Quantity: Report to the city, on a quarterly basis and on forms provided by the city, the quantity of all residential recyclable materials by type and yard waste abated from landfills during the preceding quarter. Such quantities must be reported by tonnage, except that yard waste may be reported in estimates of cubic yardage abated. Copies of weight tickets must also be submitted with the abatement quantities.

4. Number Of Residential Customers Who Recycle: Report to the city, on a quarterly basis and on forms provided by the city, the number of residential customers the collector had in the city, and the percentage of those customers who actually recycled, during the preceding quarter. (Ord. XIV.16, 11-7-1995, eff. 1-1-1996)

5. 3. Collection Of Waste And Recyclable Materials By Refuse Residential Haulers: Haulers shall conduct collections as follows:

a. West of Akron Avenue collection may occur only on Monday or Tuesday.

b. East of Akron Avenue collection may occur on any day of the week.

6. 4. Hours Of Collection: Haulers shall conduct collections as follows:

a. Monday through Friday six o'clock (6:00) A.M. to eight o'clock (8:00) P.M.

b. Saturday, from six o'clock (6:00) A.M. to eight o'clock (8:00) P.M.

c. Sunday, from eight o'clock (8:00) A.M. to six o'clock (6:00) P.M.

7. 5. Hauler Responsibility: Placement of waste containers and mandatory use of enclosures: Haulers shall conduct collection as follows:

a. After they have emptied the containers, haulers shall place all waste containers within the specific enclosures provided for waste containers as required by sections HYPERLINK "http://www.sterlingcodifiers.com/codebook/?ft=3&find=5-1-2" 5-1-2 and HYPERLINK "http://www.sterlingcodifiers.com/codebook/?ft=3&find=5-1-3" 5-1-3 of this chapter.

b. (1) No waste containers may be placed or delivered so as to be in that are in violation of city ordinance.

c. (2) No waste containers may be placed within the driving or parking lanes of public streets, roads, or highways.

(3) Exceptions:

    (A) Waste containers, or pens, on construction sites need not be screened and containers for waste may be placed on construction sites without an enclosure. However:

(i) The container or pen must be set back five feet (5') from any abutting finished residential or commercial property lot line.

(ii) Waste containers and pens on construction sites may not be placed in violation of the twenty five foot (25') sight triangle at intersections.

    (B) Developers, builders, or contractors on site are responsible for maintaining the container or enclosure at a construction site to prevent trash, refuse, and debris generated by the building project from spilling, blowing, or in any way escaping from the containers or pens required to contain it.

d. (C) Haulers will clean up any spillage of waste that occurs while they are collecting and transferring waste.

e. (D) Haulers will close and secure the gates of all waste container enclosures when finished collecting and transferring waste from any location with an enclosure.

Section 6. Section 5-1-7(D)(8) of the Rosemount City is amended as follows:

5-1-9: PENALTY:

8. A. Misdemeanor: Violation: Failure to comply with this Chapter the regulations under this chapter for haulers, containers, enclosures, or pens at building sites is a misdemeanor. and in addition the hauler's licenses or permits for building sites may be suspended or revoked.

a. Revocation Or Suspension Hearing: The council may consider revocation or suspension of licenses or permits following a hearing. Notification of this hearing may be hand delivered by staff or mailed. This notification must be mailed five (5) days prior to the hearing or hand delivered at least forty eight (48) hours before the time of such hearing. the notice should include the date, time, and nature of the violations and copies of any documentation or reports regarding the violation.

B. Suspension or Revocation of License: The City Council may also suspend or revoke a hauler's license for violation of this Chapter, applicable Dakota County ordinances, or any other applicable laws or regulations. Prior to suspending or revoking a license, the Council must first hold a hearing, with five (5) days' advance notice to the licensee. The notice will include the date, time, and nature of the violations and copies of any documentation or reports regarding the violation.

(1) Haulers with more than three (3) violations of these regulations within a one year period will be required to appear before the council for a review of the violations. Council may revoke, suspend, or attach additional conditions to the hauler's license.

(2) Developers, builders, or contractors with more than three (3) violations of these regulations within a one year period will be required to appear before the council for a review of the violations. Council may revoke, suspend, or attach additional conditions to the permits of the developer, builder, or contractor.

Section 7. This Ordinance shall be in effect following its passage and publication.

ADOPTED this 26th day of December, 2008, by the City Council of the City of Rosemount.

CITY OF ROSEMOUNT

William Droste, Mayor

ATTEST:

Amy Domeier, City Clerk

12/26

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