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HomeMy WebLinkAbout1989-08-17 CC Packet Special Meeting . . . \ ~U~ate~ . THE III"'"'' Of .'''ES~ August 16, 1989 M E M 0 TO: FROM: SUBJECT: MAYOR AND COUNCIL MARY LOU JOHNSON, CITY CLERK EMERGENCY COUNCIL MEETING - THURSDAY, AUGUST 17, 1989, 4:30 P.M. This notice of an Emergency Council Meeting has been called by Mayor Wallace Abrahamson for Thursday afternoon, August 17, 1989, at 4:30 P.M. in the City Hall Council Chambers, 216 No. Fourth Street to discuss the Junker Sanitation Contract with the City. mlj CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 . August 17, 1989 \ To: The Honorable Mayor and City Council of Stillwater As you have already heard Washington County is trying to suspend our license to collect and transport solid waste in Washington County for 60 days effective August 31. Junker Sanitation is appealing this suspension immediately. If Washington County should succeed with this suspension you can be assured that Junker Sanitation will make sure that someone is available to pick up the garbage in the city of St ill water. The City of Oak Park Heights has informed us that they are behind us 100% and we are hoping the City of Stillwater will be also. . We are sorry for any inconvience that this may cause you and will keep you informed of any further developments. "Your Gorbologist" James Junl~er .~~mf>xx.~mQllX>>:.. Stillwater, Mn. 5 P.O. BOX 246 . ':.' f-c~~:.~ .~..~ .....;.:.'~~f~~r~~)it:;:c.~~,.:.}~l1:~i~1.;~~~~ .' WASHINGTON COUNTY DEPARTMENT OF PUBLIC HEALTH GOVERNMENT CENTER 14900 61ST STREET NORTH. P.O. BOX 6 . STILLWATER, MINNESOTA 55082-0006 OHlce: 612f779..5<<5 Facsimile Machine: 612J779.5498 Mary Luth Director August 11, 1989 CERTIFIED MAIL RETURN RECEIPT REQUESTED \\ James L. Junker and Deborah C. Junker Junker Sanitation Service, Inc. P.O. Box 246 1570 Amundson Lane Stillwater, MN 55082 Dear Mr. and Mrs. Junker: RE: License No. 4053 Enclosed herein is license to collect County. Please note the notice. a notice of license suspension for your and transport solid waste in Washington the. process for appeal which is described in . Should you have any questions about this matter, please call George Kuprian of the Washington County Attorney's office. Sincerely, ~ LH.- Mary Luth Director of Public Health ML/cm Enclosure cc: Sally Evert'~ Commissioner, District 3 Charles Swanson, Washington County Administrator P. Jerome Turnquist, Deputy Washington County Administrator Zack Hansen, Environmental Health Supervisor David Hagen, Environmental Health Specialist George Kuprian, Assistant Washington County Attorney Patrick Story, Resource Recovery Project Manager. . ...'.....'..., County does not discriminate on the basis of race, color, national origin, religion, age or handicapped status In employment or the provision of services. ,;>..~'~'. ;,'-;;.--;.;'.,.,-;-';....~ . . ~ . '.- --- . ':"-~ ~ ---, 4 STATE OF MINNESOTA COUNTY OF WASHINGTON DEPARTMENT OF PUBLIC HEALTH --------------------------------------- . . . In re the Matter of the License for Collection and Transportation of Solid Waste of Junker Sanitation Service, Inc. NOTICE OF SUSPENSION OF LICENSE TO OPERATE TO: Ju~ker Sanitation Service, Inc., James L. Junker and Deborah C. Junker, Post Office Box 246, Stillwater, Minnesota 55082 and 1570 Amundson Lane, Stillwater, Minnesota 55082 PLEASE TAKE NOTICE that pursuant to Washington County Ordinance Numbers 36, 42, 47 and 63, the Washington County license of Junker Sanitation Service, Inc. to collect and transport solid waste as a commercial waste hauler shall be and hereby is suspended for a period of sixty (60) days. The suspension shall commence ten (10) working days from the receipt of this Notice, exclusive of the date of receipt and shall run sixty (60) days from the commencement of the suspension. . I. The nature of the violations constituting the basis for suspension is licensee's extensive and chronic failure to comply with the terms and provisions of Washington County's Solid Waste Designation Ordinance as set forth in Ordinance Numbers 47 and 63. II. The facts supporting the conclusion that violations of the Solid Waste Designation Ordinance have occurred include but are not limited to the f 011 owi n g : A. The licensee is licensed by Washington County as a commercial waste hauler, allowing it to collect and transport solid waste which is generated within Washington County. A condition of licensure is that the licensee comply with all applicable County Ordinances. B. Pursuant to Ordinance Numbers 47 and 63, Washington County requires that all Acceptable Waste as that term is defined by Ordinance Number 47, Section I, subsection I, generated within Washington . County's boundari es or any service area thereof be deli vered to the Resource Recovery .Facility located at the intersection of 1-494 and Red Rock Road in Newport, Minnesota. The Designation Ordinance has been in "/~ .. ..-: . . full force and effect since July 13, 1987 and Ordinance Number 63 which in part amends Section XI, subsection lA of Ordinance Number 47 which Has been in full 10rce and effect since January 1, 1988. C. James Junker, the President of Junker Sanitation, Inc., stated that he takes garbage coll ected pursuant to hi s Ci ty of Bayport, Washi ngton County, Mi nnesota waste contract to the Resource Recovery plant in New Richmond, Wisconsin, which is in derogation from the "requirements of the County's Designation Ordinance. This statement was made at a public meeting of the Bayport City Council. D. On May 25, 1989, a truck bearing the Junker Sanitation'logo was observed picking up garbage in Oak Park Heights, Minnesota in the County of Washington and subsequently observed depositing said waste at the Resource Recovery Facility in New Richmond, Wisconsin. E. Representatives of 1 icensee have on a number of occasions admitted to representatives of the Washington County Public Health Department that since January 1, 1988 the licensee has been delivering waste generated and collected within Washington County to the Resource Recovery Facility in New Richmond, Wisconsin. F. Theadmi ssi ons of representatives of 1 i censee , its records and records of the facilities at New Richmond, Wisconsin and Newport, Minnesota indicate that since January 1, 1988, the licensee has on numerous occasions delivered waste generated within Washington County to the Resource Recovery Facility in New Richmond, Wisconsin in violation of the Washington County Designation Ordinance. III. If the licensee desires to appeal from this suspension, it must within ten (10) working days, exclusive of the date of service of this Notice, file a request for hearing. The request must be in writing and state the grounds for the appeal. The request must be served personally or by registered or certified mail on the Washington County Department of Public Health by mi dni ght of the tenth (lOth) County working day fo 11 owi ng service of thi s Notice. If the Department receives a request for hearing, it shall set a time I and place for the hearing. Said hearing will..be conducted pursuant to . . Washington County Ordinance Number 36. .. IV. Fai lure to request a timely heari ng wi 11 resul tin suspension of licensee's license. ..The collection and transportation of solid waste ......... ..c,:...~......t.. h. e. . .. .... ..... _!'n.~'.. ~. . without a license is a violation of Washington County Ordinance Number 42 and the violator is subject to the penalties and sanctions set forth herein. 'Oated: ~~ Ii, ,q19 (j WASHINGTON COUNTY DEPARTMENT OF PUBLIC HEALTH \\ ~L~ Mary Lut \ \ . . ,,\. t r - WASHINGTON COUNTY DEPARTMENT OF PUBLIC HEALTH GOVERNMENT CENTER 14900 81ST STREET NORTH, P.O. BOX 6 . STILLWATER, MINNESOTA 55082..()()()6 Office: 6121779-5445 Facsimile Machine: 612/779-5498 Mary Luth Director August 17, 1989 Wally Abrahamson, Mayor City of Stillwater 191 Bayberry Avenue Court Stillwate~, MN 55082 Dear Mr. Abrahamson: I am writing to notify you that the Washington County Public Health Department has issued a notice of license suspension to Junker Sanitation Service, Inc. for that company's license to collect and transport solid waste in Washington County. The notice was served on August 15, 1989. The suspension will start on August 30, 1989, provided that Junker Sanitation Service, Inc. does not appeal the suspension. The suspension is for a period of sixty (60) days. \ Under the terms of the Washington County Administrative Ordinance, Junker Sanitation Service, Inc. has ten (10) days in which to appeal the suspension. If the suspension is appealed, the County Board of Commissioners will conduct a hearing on the license suspension. Any suspension which may be imposed would be suspended until the appeal process has run its course. . The notice of suspension cites the reason for the suspension as the licensee's extensive and chronic failure to comply with the County's. Solid Waste Designation Ordinance, which requires all waste to be delivered to the Resource Recovery facility in Newport, Minnesota. An investigation conducted by the department revealed that Junker Sanitation Service, Inc. frequently delivered waste collected in Minnesota to the waste facility located in New Richmond, Wisconsin. Because Junker Sanitation Service will not be allowed to collect solid waste during any suspension period, individuals, communities, and businesses within Washington County that contract with Junker Sanitation Service, Inc. for refuse collection may want to aake alternate arrangements for collection during the period of any suspension. I have enclosed a list of solid waste haulers licensed in Washington County. If you have any questions about this matter, please do not hesitate to call. Sincerely, ~LL~ Mary b{th Director of Public Health ML/cm Enclosure . cc: Washington County Board of Commissioners Charles Swanson, County Administrator P. Jerome Turnquist, Deputy County Administrator ~Nile ','Kriesel ,"'Coordinator Washington County does not discriminate on the basis of race, color, national origin, sex, religion, age or handicapped status in employment or the provision of services. WASHINGTON COUNTY. COMt<IERCIAL H~ULE~ ji'!' "'\ . Donald Bateman telNn's Rubbish 2 39 Matterhorn Lane S . Paul MN 55119 ('12) 738-3955 : r '.~ _;:~ .il!o.t Mr. Robert D_m '". , ",.f1 Action Disposal Systems, Inc./BFI <4300 E. 85th St. Inver Grove Hghts 14M 55075 (812) 455-8834 . ~::::."/~';:} ,.~' Mr. David Johnson Bellaire Sanitation Inc. 8878 N. 75th St. Stillwater MN 55082 (812) 429-8718 . ~ :<..t Mr. Rus. Oehrlein Ben Oehrlein . Sons I Daughter 9091 Concord Blvd. Inver Grove Hgts. 14M 55075 (812) 451-1145 M . Thomas Carey rey Rubbish Service 4 33 Denton Way I ver Grove Hgts. 14M 55075 ( 12) 739-1221 Mr. Stephen D. Gulbrandson Country.ide Disposal Box 309 Osceola WI 54020 (715) 294-4313 Mr. Clarence Dittel D . D Hauling 8474 12th Ave. S. Hugo MN 55038 (812) 429-3929 M . Kevin Simanski o A Hillcrest Sanitation 2 356 Nicolai Ave. H stings MN 55033 ( 12) 438-2555 Mr. Ronald Roth DBA Waste Control/Container Servo 95 Ivy Ave. W. St. Paul MN 55117 (e12) 227-6394 Mr. David Braaten Dave's Contracting Service 3801 Lovell Rd. Lexington MN 55014 (612) 788-0988 14 . Jeroae Pierre o All Service 1 883 Keller Ave. N. H go MN 55038 ( 12) 439-0048 Mr. Donald Hinz Eagle Sanitation Box 228 Newport MN 55055 (812) 459-3029 Mr. Richard Krawczewski Easy Cart Inc. '9881 M. 1401:h St. Hugo 14M 55038 (512) 224-8519 'M . Richard Eisinger E .inger Sanitation Service., Inc , 1 843 S. 45th St. A MN 55001 - ( 12) 431-5994 Mr. CalHl"Clft Strand Foreat Lake SanitatiOn P.O. Box 481 Fore.t Lake MN 55025 (112) 454-2321 . Mr. Gene T. wegleitner Gene'. Disposal Service 8808 - 117th Ave. N. White Bear Lake MN 55110 (812) 428-1224 Mr. Mike 8erkopec Hastings Sanitary Dillf)OSal Inc. P.O. Box 187. 2800 Millard Ave Hastings MN . 55033 (812) 437-9201 MIl. Susan Lynn Oehrlein Highland Park Sanitation 1811 Century Ave. Newport 14M 55055 (812) 458-0043 M . Johnny 8. Cox J y'. Rubbish, Inc. 8 1 St. Anthony Ave. S . Paul MM 55104 ( 12) 227-9000 Mr. J.... Jww.er JWlker Sanitation Service Inc. P.O. Box 248 Stillwater MN 55082 (812) 439-7135 Mr. Ken Oehrlein Ken Oehrlein Sanitation 8983 Ideal Ave. Cottage Grove MN 55018 (812)' 459-0120 1 '"R ( 12) M . Larry F. Knutson Rubbish Service, 120 Chippendale St. t loiN 550158 423-2294 Inc. -~--) Mr. Leonard Ayde Lake Sanitation Inc. 1201 N. Birch Lake Blvd. White Bear Lake MN 55110 (112) 429-7713 Mr. Don Larson Larson Hauling Service 13940 N. St. Croix Tr. Stillwater MN 55082 (612) 439-3625 ~}'rl;,;'*''':} .", ""':f~ -Ms. Sally J. Houle .JsJ" ~ :0'2 ."':"-! Metropolitan Gravel Company, Inc. 578 S. Pt. Douglas Rd"1~:-"'iS~<; St. Paul MN 55119. (512) 738-7180 Z1 ,j ,.'.....,.. ".""'-.; P.O. Box 17022 St. Paul MN 551 (512) 775-6333 Mr. William T. Butler Metro Refuse Inc. 8188 W. 125th St. >Savage MN 55378 . 890-0851 "','f'" .1 "li)"'!7t'"';'l ;{ .~~t . f ""-::.'; .- Mr. Richard R. Krawczewski Red Arrow Waste Disposal Service 9885 N. 140th St. HUgo MN 55038 (812) 224-2035 Mr. Ron Mack Ron'. Sanitation Service 813 Mary St. St. Paul MN 55119 (512) 738-0134 Mr. Jon L. Jensen Suburban Sanitation P.O. Box 523 Willernie MN 55090 (512) 426-3554 Mr. John Tenni s\ Tennis Sanitation 824 - 4th St. St. Paul Park MN 55071 (812) 459-1887 Mr. Dennis J. Troje Troje's Trash Pickup Inc. 8150 Military Rd. Newport MN 55055 (512) 459-8223 Mr. Roger Vasko Vasko Rubbish R..aval, Inc. 920 Atlantic St. St. Paul MN 55106 (612) 774-0915 Hr. Dale J. Henderson Waste Management - Blaine 10050 Naples St. N.E. Blaine MN 55434 (812) 784-8349 Ms. Linda M. Johnson Wastebusters 7688 Jamaca Ave. N. Stillwater MN 55082 (612) 653-0282 Mr. Daniel Theobald Wildwood Sanitation P.O. Box 175 Newport MN 55055 (612) 459-7928 Mr. John Wynne .'S Rubbish a Recycling. Inc. . Hyacinth St. Paul MN 55105 (512) 774-8385 " ~':.::"r' ,~ i:{~;::'t. ,-:'~~:_-i';'!'; . l c,,:-':~.- ..l '..~H ''''';q,~:; fr'" '~< . -"'1.~ .'~;:~' ,.... ';Sj.:.:~~. 'Jt ':"" ~l/i :i~ ~--f;!':~ (:4:t:'~,:.. \'';~:-..-7'r.....~':::, . . 4. Late payment of the Licensee Fee with Penalty No Bar to Prosecution for Operating Without a License: The late payment of the license fee, along wjth the penalty set forth herein, is no bar to any prosecution by the County for operating any licensed activity, trade, profession, business, privilege, site, facility or establishment within the County without a license therefor. 5. Issuance or Denial of License: \ 1. Unless otherwise provided in the ordinance under which a license is issued, the Department shall have sixty (60) days to issue or deny the license or renewal. 2. Once the Department has decided on the disposition of the license application or renewal application, the applicant shall be notified in writing of its decision. 3. Where a license is denied, the Department shall state the factual basis for its decision, and notice of its decision shall be personally served on the applicant or shall be served by registered or certified mail to said applicant at the address designated in the license application. The applicant shall have ten (10) working days, exclusive of the day of service, to request a hearing. The request shall be in writing stating the grounds for appeal and served personally or by registered or certified mail on the Department by midnight of the tenth (10th) County working day following service of the notice of denial. If the applicant fails to request an appeal within the specified time period, any opportunity for a hearing is forfeited and the Department1s decision is final. After receipt of an appeal request, the Department shall set a time and place for the hearing. 6. License Non-transferable: A license obtained pursuant to a County ordinance shall not be transferable. . <'--""""',-."''1' -'-"~'-< B. Suspension of License: 1. Suspens i on: a. Any license required under County ordinance may be suspended by the Department for violation of any provision of this ordinance or of the ordinance under which the license was issued. Upon written notice to the licensee said license may be suspended by the Department for a period not longer than sixty (60) days or until the violation is corrected. F"':"~>JJ-"t~"""-~ ~~AU:.t3JI':t\"''AA....:..UA!~_~~'''',,,,,,,,, ~. .''"'-"''''~ .__n;.:a.~lI.u....t:""r.,,~~_""''.''..l'!M'''J.;.!.:o-6'.'f'\oi'ol'''~~ ._..~ - 5 - ~"'--1 -~ , I b. Such - luspension shall not occur earlier than ten (10) worki g days after written notice of suspension has been serve on the licensee or, if a hearing is requested, until written notice of the County'Board action has been serve on the licensee. Notice to the licensee shall be serve personally or by registered or certified mail at the a dress designated in the license application. Such writt n notice of Departmental suspension shall contain the e fective date of the suspension, the nature of the viola ion or violations constituting the basis for the suspe sion, the facts which support the conclusion that a violation or violations have occurred, and a statement that if the licensee desires to appeal, he must, within ten ( 0) County working days, exclusive of the day of servi e, file a request for a hearing. The hearing reque t shall be in writing stating the grounds for appeal and served personally or by registered or certified mail n the Department by midnight of the tenth (10th) Count working day following service. Following receipt of a equest for a hearing, the Department shall set a time nd place for the hearing. c~ If said suspension is upheld and the licensee has not demon trated withi'n the sixty (60) day period that the provi ions of the ordinance have been complied with, the Depar ment may serve notice of continued suspension for up to sixty (60) days or initiate revocation procedures. . . - .1 2. Summary Susp a. If th Department finds that the public health, safety or welfa e imperatively requires emergency action, and incor orates a finding to that effect in its order, summa y suspension of a license may be ordered by the Depar ent upon notification of the County Attorney's offic and the County Board. Written notice of such summa y suspension shall be personally served on the licen ee, or shall be served by registered or certified mail 0 said licensee at the address designated in the licen e application. In addition, the Department may post opies of the notice of summary suspension of the licen e on the licensed facility or property being used for t e licensed activity. Said posting shall constitute the n tice required under this section. b~ The witten notice of such cases shall state the effective date f the suspension and the nature' of the violation requi ing emergency action, the facts which support the concl sion that a violation or violations have occurred and a statement that if the licensee desires to appeal, he mu t, within ten (10) County working days, exclusive .