HomeMy WebLinkAbout0411 Ord (Regulating Solid Waste Disposal Sites)n
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ORDINANCE NO, 411
ORDINANCE REGULATING SOLID WASTE DISPOSAL SITES
An Ordinance defining sanitary landfills, dumps, requiring permits
for the operation of such solid waste disposal sites; regulating
the disposal and dumping of garbage, refuse and other trash; and
the fixing of penalties for violation of this ordinance.
For the purpose of promoting and protecting the general health
and the control of disease throughout Stillwater, it is hereby
ordained by the Council of the City of Stillwater, County of
Washington. Minnesota:
SECTION 1. DEFINITIONS
A. SOLID WASTE DISPOSAL SITE shall mean any site including
a sanitary lanLl1 or dump used for the disposal of
solid or semisolid wastes from more than one premise,
or from a commercial or industrial operation, not suit-
able for discharge into water carriage waste disposal
systems.
B. SANITARY LANDFILL shall mean a method of disposing of
refuse on land without creating nuisances or hazards
to the public health or safety by confining refuse to
the smallest practical area, compacting it to the
smallest practical volume by employing power equipment,
and covering with a layer of compacted earth or suitable
cover material at the conclusion of each days operation,
or at such other intervals as may be necessary.
C. DUMP shall mean all land or parcels of land on which non-
putrescible refuse is accepted for deposit or permitted
to be deposited regardless of whether a charge is made
therefor.
D. GARBAGE shall mean all animal and vegetable waste and
all putrescible matter.
E. COMBUSTIBLE WASTE shall mean all waste substances capable
of incineration or burning, but excluding explosive or
highly inflammable material.
F. NON-COMBUSTIBLE WASTE shall mean all other waste substance
not capable of incineration or burning, such as earth fill,
glass, metal, earthenware and the like.
G. REFUSE shall mean all waste substances including garbage as
well as combustile and non-combustible wastes.
H. PERSON shall mean any person, firm, chub, corporation,
association, partnership, company, organization, or
political subdivision.
I. CITY shall mean the City ofStillwater or its authorized
representative.
SECTION II - REQUIREMENT FOR OPERATION OF SOLID WASTE DISPOSAL SITES
The City of Stillwater in order to protect the health and safety
of the people of said City and of the general public, is authorized and
directed to promulgate regulations establishing minimum standards governing
the operation of Solid waste Disposal Sites. Such regulations shall be-
come effective upon approval by the City Council and shall be filed with
the City Administrator as a public record.
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SECTION III. - PERMITS
It shall be unlawful for any person to use any land, premises,
or property within the City of Stillwater for the dumping or disposal
of any garbage, refuse, or other waste materials or any kind without
first filing an application with the City Council for the operation
of a Solid Waste Disposal Site. The permit issued by the City Council
is in addition to any Building & Zoning permits required, and the permit
issued by the City Council does not signify compliance with the require-
ments established by other regulatory agencies. Application for permits
shall be on forms furnished by the City.
If the City Council, as a result of their review of the completed
application, finds that the proposed Solid Waste Disposal Site can be
operated in accordance with the provisions of this ordinance and that no
health hazards or nuisance will be created as a result of the operation,
it shall issue a permit to the applicant upon delivery of a Performance
Bond issued by a Surety Company in the amount of Two Thousand Five
Hundred Dollars ($2,500.00), payable to the City of Stillwater. The
Performance Bond shall be conditioned as follows:
(a) Tnat the permittee, his agents and servants, will comply
with all of the terms, conditions, provisions, requirements,
and specifications contained in this ordinance and the
regulations adopted pursuant thereto:
(b) That the permittee, his agents and servants, will save
harmless the City of Stillwater from any expense incurred
through the failure of the nermittee, his agents and
servants, to operate and maintain the dump or landfill as
required by this ordinance, including any expense that the
City may incur to correct any condition or violation of
this ordinance including the expense of providing its own
labor and equipment whenever the City Council determines
it is necessary for the City to correct a conditions
violating the provisions of this ordinance or regulations
adopted pursuant hereto, or from any damages growing out of
the negligence of the permittee or his agents or servants;
(c) Before acceptance all bonds shall be approved by the City
Attorney. If a Corporate Bond is offered, it shall be
executed by a Surety or Guaranty Company qualified to
transact business in the State of Minnesota.
The City Council may suspend any permit authorized by this
ordinance upon the violation by the holder of any of the terms of this
ordinance. The City Council may revoke any such permit, after an
opportunity for a hearing before said Council upon finding that the
Solid Waste Disposal Site for which such permit was issued is in violation
of any of the provisions of this ordinance.
If any such permit shall be suspended by the City Council, it
shall be unlawful during the period of such suspension for the permit
holder to operate the Solid Waste Dispose.. Site for which the permit was issued.
SECTION IV - DUMPS
Dumps may accept for deposit only non-combustible waste having no
putrescible material therein; the dumping of garbage and combustile refuse
at Solid Waste Disposal Sites not operating as sanitary landfills is pro-
hibited.
SECTION V - GARBAGE AND COMBUSTILE MATERIAL
The dumping of garbage and combustible material shall be restricted
to Solid Waste Disposal Sites operated as sanitary landfills in accordance
with the provisions of this ordinance and regulations adopted pursuant thereto.
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SECTION VI - INSPECTIONSSIC
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The City Engineer is hereby authorized and directed to make
such inspections as are necessary to ctermine satisfactory compliance CC
with this ordinance and the regulations promulgated hereunder. It 20
shall be the duty of the operator of a Solid Waste Disposal Site to
give the City Engineer free access to the property at reasonable times
for the purpose of making such inspections as are necessary to determine
compliance with the requirements of this ordinance and the regulations
promulgated hereunder.
SECTION VII - PENALTIES
Any person who fails to comply with the provisions of this
ordinance or the regulations adopted pursuant thereto shall be deemed
guilty of a misdemeanor and shall be subject to a fine not to exceed
One Hundred Dollars ($100.00). Each day that a violation continues
to exist shall constitute a separate offense.
SECTION VIII - INTERPRETATION, PURPOSES AND CONFLICT
The provisions of this ordinance shall be held to be the
minimum requirements for the promotion of public health, safety and
general welfare.
In any case where a provision of this ordinance is found to be
in conflict with a provision of any zoning, building, safety, or health
ordinance or code in force in the City of Stillwater existing on the
effective date of this ordinance, the provision which established the
higher standard for the promotion and protection of the health and
safety of the people of Stillwater shall prevail.
SECTION IX - VALIDITY
Should any section, clause or provisions of this ordinance be
declared by a court of competent jurisdiction to be invalid. such
decision shall not affect the validity of the ordinance as a whole,
or any part thereof, other than the part so declared to be invalid.
SECTION X - EFFECTIVE DATE
This ordinance shall be in full force and effect from and after
its passage and publication.
Passed: June 13, 1967
Published: June 22, 1967
June 29, 1967
Attest: a /:���
City Clerk
Mayor