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HomeMy WebLinkAbout0411 Ord (Regulating Solid Waste Disposal Sites)n • • 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. te • 953 • 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. • 2J4 e • SECTION VI - INSPECTIONSSIC [� 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