HomeMy WebLinkAbout1106 Ord (amending Chapter 30, entitled Solid Waste & Recycling) ORDINANCE NO. 1106
AN ORDINANCE AMENDING CHAPTER 30
OF THE STILLWATER CITY CODE, ENTITLED GARBAGE AND RUBBISH
The City Council of the City of Stillwater does ordain:
1. AMENDING. The Stillwater City Code, Chapter 30, entitled "Garbage and Rubbish" is
deleted in its entirety and hereby replaced with the following:
CHAPTER 30
SOLID WASTE AND RECYCLING
ARTICLE I. GENERAL REGULATIONS
Sec. 30-1. Purpose.
This adopted ordinance is the city's goal to improve solid waste management and to serve
to the following purposes:
Subd. 1. Achieve a reduction in waste generated.
(1) To protect the public health, safety, comfort, convenience, and general
welfare of the residents of the city.
(2) Encourage the separation and recovery of materials and energy from waste.
(3) To establish powers, duties, rules, regulations, and standards for the
removal of solid waste from the city.
(4) Promote best management practices in solid waste management to protect
air quality, water quality, and natural resources.
(5) Provide high quality solid waste and recycling services in the most cost-
effective manner possible.
(6) To promote programs and recommend policies to reduce waste and promote
yard waste reduction through separation of recyclables and yard and garden
wastes; and encourage the purchasing of products that are most durable or
contain recycled or recyclable materials.
(7) To meet minimum standards and requirements established by rules of the
Minnesota Pollution Control Agency regarding solid waste.
(8) To assure that the city complies with the city's current comprehensive plan,
the current Washington County Solid Waste Management Master Plan, and
any updates to those plans approved by the city or the county.
(9) To provide for the administration of the ordinance.
The city has authority to enact ordinances for these purposes under Minn. Stat. §412.221,
subd. 22, which requires the city council to provide for or regulate the disposal of garbage,
recycling and other solid waste.
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Sec. 30-2. Definitions.
The following terms, as used in this Chapter, shall have the meaning stated:
Abatement means the processes required to remove an assessment once charges have
been certified to the county auditor for collection with the real estate taxes.
Additional/overflow garbage means garbage in excess of the capacity of the garbage
cart with the lid in the fully closed position.
Appliances means a device or instrument, especially an electrical device, designed to
perform a specific function for household use. (Examples: washer,dryer,water heater,
toaster, microwave, dehumidifier, air conditioner, etc.)
Bulky waste shall have the meaning set forth in Minnesota Statutes and is a subset of
Municipal Solid Waste (MSW). It includes household items and other discarded
materials that due to their dimensions and weight are typically not collected as part of
the regular trash and recycling, or for which may have a separate fee, such as furniture,
carpeting, mattresses, and appliances including consumer electronics.
Cart, or curbside cart are containers for MSW,recyclables or yard waste equipped with
wheels and a lid in the following standardized sizes(approximate capacities): 32-gallon
(small), 64-gallon (medium), 96-gallon (large) further referred to as "small",
"medium", or"large." ownership is retained by the city's contracted garbage hauler.
City-contracted garbage hauler is the company that the city contracts with in
accordance with Minn. Stat. §115A.94 to provide residential garbage and recycling
collection and disposal services in the city. The city-contracted garbage hauler is the
sole garbage hauler for single-family and multi-family residential properties in the city.
Collection by the city means all trash and recycling accumulated in residences in the
city shall be collected, conveyed and disposed of by the city or by its duly authorized
contractor. No person shall collect or dispose of any trash and recycling accumulated
on residential premises of the city except the city or its designated contractor.
Containers means trash, organics and recycling containers (i.e., 2, 4, 6, or 8 yard
commercial container or roll-off boxes)which shall be equipped with suitable handles
and tightfitting covers, and shall be watertight.
Collection day means the normal day for pick-up of MSW,recyclables,yard waste,and
other materials outlined in this chapter.
Collection service means the process of collection and transportation of garbage, yard
waste,recyclables, and bulky waste and/or source-separated organic materials by city-
contracted garbage hauler to a processing facility.
Commercial property means properties in the city that are classified generally as
commercial or business in the city zoning code that generate garbage and recyclables
and are typically serviced by a hauler of the business' choice.
County means County of Washington, in Minnesota.
Composting means a method of recycling yard waste by allowing it to decay and then
using it as a soil amendment.
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Consumer electronics shall have the meaning set forth in Minnesota Statutes and means
any discarded device generated in a residential unit with a circuit board, including but
not limited to, televisions, computers, laptops, tablets, computer monitors, peripherals
(e.g., keyboard, printer, mouse, etc.), cell phones, PDAs, DVD recorders/players and
video cassette recorders/players, and fax machines.
Construction debris means building materials, packaging, and rubble resulting from
construction, remodeling, repair, and demolition of buildings, roads or other facilities.
Contractor's garbage bill means the contractor's bill for services, from either the city-
contracted garbage hauler or a commercial hauler, which is directly submitted to
customers.
Curb or curbside means that portion of the right-of-way adjacent to paved or traveled
roadways, including alleys.
Day-certain collection means a city-approved plan for collection services by an
established day-certain schedule which requires garbage, yard waste, recyclables, and
source-separated compostable materials collections on the same day of the week, and
which is based on a five-day workweek(Monday through Friday).
Disposal means the treatment,utilization,processing,transfer or deposit of solid waste.
Excess household waste means waste that exceeds the capacity of the resident's cart
and is subject to a special fee for pick up.
Food waste means residential food waste and includes meal preparation and leftover
food scraps from households intentionally separated at the source by residents for the
purpose of backyard composting or separate collection for centralized recovery
Hazardous wastes has the meaning defined in Minn. Stat. §115A.96, state rule, and
county ordinance. Wastes are hazardous in Minnesota when they display one or more
of these characteristics: ignitable, oxidizer, corrosive, reactive,toxic, or lethal.
Mixed Municipal Solid Waste (MSW) has the meaning set forth in Minn. Stat.
§115A.03, and means garbage, refuse, and other waste materials from residential,
commercial and community activities that the generator of the waste aggregates for
collection, but does not include auto hulks, street sweepings, ash, construction debris,
mining waste, sludge, tree and agriculture wastes, tires, lead acid batteries, used oil,
and other materials collected, processed and disposed of as separate waste streams.
Also referred to as "garbage".
Multiple residential dwelling service means providing solid waste and recycling pick
up to any structure containing more than three(3)dwelling units that does not meet the
definition of a residential dwelling service.
Non-targeted materials means materials that are not designated by the city, county or
state as recyclable.
Normal household waste means Mixed Municipal Solid Waste (MSW) typically
generated by residential households.
Owner means to be the owner recorded at the county auditor's office.
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Processing means the sorting, volume reduction, baling, containment or other
preparation of recyclables delivered to a facility for transportation or marketing
purposes
Processing center means a facility in which solid waste and recyclable materials are
processed. The facility will conform to all applicable rules, regulations and laws of
state, local or other jurisdictions.
Recyclable materials, recyclables have the meaning set forth in Minnesota Statutes and
means material that are separated from MSW for the purpose of recycling or
composting, including recyclables. At a minimum, the list of recyclables shall be
inclusive of the Washington County standard list of residential curbside recyclables.
Recycling shall have the definition in Minnesota Statutes and shall mean the process of
collecting and preparing recyclable materials including yard waste and source-
separated organic materials, and reusing the materials in their original form or using
them in composting or manufacturing processes that do not cause the destruction of
recyclable materials in a manner that precludes further use.
Residential dwelling service means providing solid waste and recycling pick up to any
single building consisting of one through three dwelling units with individual kitchen
facilities for each and shall include multi-family, apartments including apartment
dwellings in the central business district, condominium and townhouse buildings, bed
and breakfast operations and businesses operating out of a residence. Single-family
residences shall constitute one unit. Each unit of a multiple dwellings will constitute
one unit for the purposes of this chapter.
Residential hauling district means an area of the city in which all residential mixed
municipal solid waste, recyclable materials and yard waste are collected on the same
day.
Resource recovery facility means a waste and recycling facility contracted by and/or
operated by the Ramsey/Washington Recycling and Energy Board (R & E Board) in
which solid wastes are processed.
Roll-off service means providing an open top dumpster characterized by a rectangular
footprint, utilizing wheels to facilitate rolling the dumpster into place. Roll-offs are
commonly used to contain loads of construction and demolition waste or other waste
types.
Single-sort recycling means the required recyclables collection method in which items
designated as "recyclable materials" or "recyclables" are placed in a recycling cart,
without being sorted for curbside collection.
Source separate organic materials (SSOM) shall include food waste and other
compostable organic materials that are source separate for recovery and as defined in
Minnesota Statutes. The term"organics" does not include yard waste for the purposes
of this ordinance. (Also referred to as "food waste/organics" and "source separated
organics".)
Special pick-up means any collection of material other than MSW,recyclables, or yard
waste. Special pick-up includes bulky waste and construction/demolition waste.
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Tenant means a person who occupies/rents owner's property.
Volume based billing means a graduated rate structure based upon the volume of MSW
collected from residential dwellings.
Vectors of disease are animals, including, but not limited, to insects, mice, rats,
squirrels,crows,flies and other vermin that are capable of carrying,transmitting and/or
infecting humans with disease.
Walk-up service means special garbage or recycling service that is provided from the
side of the house or garage for which the contractor walks the cart or recycling
container to and from the side of the house or garage and the collection vehicle that is
applied for on a case-by-case basis.
Waste materials means stone, sod, earth, trees, tree branches, wood, concrete,
contractor's building materials, large automobile parts, junk cars, tires, large
appliances, inflammable liquids, manure or articles so heavy or bulky that they cannot
be easily lifted by one person. Waste materials are not considered "mixed municipal
solid waste" for the purposes of this chapter.
Yard Waste means items such as grass trimmings, leaves, garden wastes, twigs and
miscellaneous tree seeds and cones and bundled brush no larger than 4' x 2' and under
40 pounds per bundle.
Sec. 30-3. Consumer Regulations: Consumer regulations are as follows:
Subd. 1. Collection by the city. All garbage and recycling accumulated in residences in the
city shall be collected, conveyed and disposed of by the city or by its duly
authorized contractor.No person shall collect or dispose of any trash and recycling
accumulated on residential premises of the city except the city or its designated
contractor.
Subd. 2. Containers. Trash and recycling containers shall be only those authorized by the
city and provided to the consumer by the city contractor and shall be equipped with
suitable handles and tightfitting covers and shall be watertight.
(1) Trash and recycling containers shall be stored out of view of the public
street, except that the containers may be placed at curbside after 5:00 p.m.
the day before the scheduled collection and on days scheduled for
collection. The trash and recycling containers shall be made readily
accessible to the collector by placing the container at curbside no later than
6:00 a.m. on the day of collection.
(2) The consumer shall be responsible for the damage or loss of a container and
shall be liable to the contractor for this damage,except that reasonable wear
is expected.
(3) No mixing of household waste,yard waste, hazardous waste, recyclables or
other solid waste shall be permitted.
(4) No container shall be unreasonably compacted by stuffing or otherwise.
(5) A 30-gallon bag of waste shall not exceed 30 pounds, and a bag of yard
waste shall not exceed 40 pounds.
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(6) All bags shall be closed at the top and the lid shall fit securely shut on each
container.
(7) Participants in residential dwelling service as defined must participate in the
recycling program.
Subd. 3. Yard Waste. Yard waste shall be separated from MSW and recyclable materials.
Sec. 30-4. Fees.
The fees for collection per month are established by the city council in the agreement
negotiated with the city's hauler.
Subd. 1. In the event a residence desires collection of normal household waste in excess of
the waste held by the resident's container per week, they shall place the waste in
bags not exceeding 30 gallons. Residents shall pay the contractor an additional
charge for each additional 30-gallon bag.
Subd. 2. Residents who will be continuously absent from the city for more than 90 days and
have notified the city's contracted hauler will not be charged during the period of
their absence.
Subd. 3. Walk-up service may be available for garbage or recycling which is applied for on
a case-by-case basis.
Sec. 30-5. Collection of charges.
Subd. 1. In all residence buildings, it shall be the responsibility of the property owner to
contract with the city's hauler to provide for the collection of the mixed municipal
solid waste and recycling in accordance with this chapter. The property owner shall
be responsible and liable hereunder whether or not the said owner occupies or
resides in the building and whether or not said premises is leased or rented to
another.
Sec. 30-6. Required Collection of Mixed Municipal Solid Waste.
Subd. 1. Any commercial property or any other structure in the city, including churches and
halls, shall have garbage collected by hauler licensed by the city and shall comply
with this section.
Subd. 2. All garbage shall be disposed of in compliance with state law and county policies
regarding required processing of waste.
Sec. 30-7. Collection practices.
Collection practices are as follows:
Subd. 1. Contractor shall make MSW curbside pickup at all residential units in the city one
time per each week. All MSW from each dwelling, including yard waste, bulk
waste, and other material shall be collected on the same day.
Subd. 2. Single-sort recycling shall be unlimited in quantity and picked up at least every
other week on the same day as MSW and other materials are collected.
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Subd. 3. Daily service hours shall be between the hours of 7:00 a.m. and 7:00 p.m. for
residential areas (as defined residential dwelling service/residential dwelling
district) in the city. No Collection service shall take place outside of these hours.
Subd. 4. The pickup of normal household waste and yard waste is limited in quantity and
the fee for collection of normal household waste and yard waste may be set from
time to time by resolution of the city council.
Subd. 5. Pickup of commercial waste, including MSW, food waste, grease, recyclables and
all other wastes shall occur no less than once per week, and as often as necessary
so that containers do not overflow and no objectionable odors can be detected more
than three (3) feet from any container.
Subd. 6. Hauler shall respond promptly upon request by the city to clean up any spills, loose
solid waste, solid wastes blown out or vehicles or leakage of vehicle fluids that
result from its operations. The contractor shall promptly clean up any of the above
if observed by employees or notified of it during the route.
Sec. 30-8. Recycling procedures.
Subd. 1. Materials to be collected. The city's contracted hauler is required to pick up
recyclable materials at every residential dwelling.
The city council, by resolution approving the city's contract hauler agreement,
establishes recyclable materials. In the event the city, county or state changes the
list of recyclable materials,the city's contracted hauler shall begin collection of any
additional recyclable materials within 30 days of the adoption of the resolution
unless written approval is obtained from the city.
Subd. 2. Collection. City's contracted hauler shall only collect recyclable materials properly
prepared by the homeowner and placed in an approved recycling container. The
licensed hauler shall provide single-sort recycling services to all properties.
The hauler shall have full responsibility to determine which items are properly
prepared, but should make every reasonable effort to collect all items set out by
residents for recycling.
The hauler shall not landfill or incinerate any recyclable materials collected, nor
sell, trade or give materials to any person or business for the purpose of landfilling
or incinerating said materials without the prior written consent of the city and the
State of Minnesota.
Subd. 3. Notifications. The hauler shall provide each new customer with detailed
instructions on how to prepare recyclables for collection. Hauler must notify
customers at least thirty (30) days in advance before changing their recycling
collection system and provide detailed instructions on how to prepare recyclables
under the system. Hauler shall also notify customers at least once each year of
proper recyclables preparation for collection, including the list of recyclable
materials.
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Sec. 30-9. Yard waste and SSOM procedures.
Subd. 1. Frequency of collection. Each licensed hauler shall make weekly collection of yard
wastes within the daily residential hauling districts from May 1 to November 30,
weather permitting. When SSOM collection is begun, each licensed hauler shall
make weekly collection of SSOM within the daily hauling districts.
Subd. 2. Collection plan. The city's hauler shall submit a service plan for yard waste pick-
up. This plan at a minimum shall describe the services to be provided,the manner
in which the hauler intends to collect and haul away yard waste, the licensed
compost site to receive the yard waste,the method by which the hauler will inform
its customers of yard waste collection service, and the fees for pickup service.
The city may accept a plan that provides yard waste pickup through a subcontractor,
provided an agreement to provide such service is in effect between a subcontractor
and/or the city's hauler and the agreement is pre-approved in writing by the city.
The sub-contractor shall be licensed by the city. The yard waste plan submitted
shall remain in effect for the term of the license or city's hauler contract unless
written approval to modify the plan is obtained from the city.
Subd. 3. SSOM to be collected. The city council shall determine the beginning of SSOM
collection in the city.
When SSOM collection begins, service plans including frequency of collection,
required disposal at a licensed facility,reporting to the city,and other city-specified
parameters shall be required to be approved by the city in writing prior to
implementation.
Subd. 4. Notification. The hauler in March and September shall notify each customer of the
yard waste services, yard waste container rental and procedures for yard waste
pickup provided by the hauler.
Sec.30-10. Disposal requirements
Subd. 1. It shall be unlawful for any person, firm or corporation to fail to dispose of MSW
and other waste materials in a sanitary manner that may be or may accumulate upon
property owned or occupied at least as often as hereinafter provided.
Subd. 2. Littering:
(1) No person shall cast,place, sweep, or deposit anywhere within the city any
MSW, recyclables, bulky waste, SSOM, yard waste, or
construction/demolition debris in such a manner that it may be carried or
deposited by the elements upon any street, sidewalk, alley, sewer,parkway,
or other public place or onto any property within the city.
(2) No person shall place MSW, recyclables, bulky waste, SSOM, yard waste,
construction/demolition debris or any other waste in any alley or other
public place,or upon any private property,whether owned by such a person
or not, unless it is in proper containers for collection or under express
approval granted by city staff.
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(3) Nor shall any person, cast, throw or deposit any MSW, recyclables, bulky
waste, yard waste, construction/demolition debris, or any other waste into
any stream or other body of water or anywhere in the city that may be
carried or deposited by the elements upon any street,sidewalk,alley, sewer,
storm sewer, parkway or other public place or into any occupied premises
within the city.
Subd. 3. Any unauthorized accumulation of MSW and recycling on any premises is hereby
declared to be a nuisance and is prohibited.
Subd. 4. Construction debris that accumulates on construction sites must be contained in a
durable container to prevent waste from escaping. The capacity of the durable
containers must be sufficient for the project or planned removal (pick-ups)must be
scheduled. Construction and demolition waste haulers that use roll-off containers
must have a roll-off license. Waste materials cannot be stored in the structure.
Failure to contain and control waste building materials will result in a stop work
order.
Subd. 5. Disposing of MSW, recyclable materials, waste materials, or yard waste in an
unregulated manner on any street, alley, drive, park, playground, or other public
place or on any occupied or vacant privately owned lot shall constitute a violation
of this section, whether such material is discarded by the individual upon whose
premises the material originates or whether it is discarded by some other person or
collector, licensed or unlicensed.
Sec. 30-11. Burying and burning.
No person shall bury any MSW, recyclable materials,or other waste materials within the
city and no person shall burn MSW, or other waste materials except in an incinerator located
within a residence or other building that conforms to the requirements of the State of
Minnesota.
Sec. 30-12. Rules and regulations.
Subd. 1. The city council shall have the authority to make rules and regulations concerning
type and location of waste containers,the collection of yard and garden wastes and
recyclables, license applications and the information required, and any other matter
concerning solid waste management that is not in conflict with this chapter.
Subd. 2. All solid waste and recycling accumulated in areas of the city not subject to
mandatory collection by the contractor authorized by the city for residential
collection must contract with a solid waste removal contractor licensed by the city
for removal and lawful disposal of MSW and recycling.
Subd. 3. If the city determines a health or safety hazard exists in the manner garbage and
rubbish is stored on site and held for removal by a contractor, a solid waste plan
must be provided to the city that controls or eliminates the condition. Once the plan
is approved by the city, failure to abide by the plan is a violation of the City Code.
Subd. 4. No person shall deposit MSW and recyclables accumulated by a residence or
business in the container of another or in a container maintained by the city for
collection of litter from city streets or parks.
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Sec. 30-13. —30-25. Reserved.
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ARTICLE II. SOLID WASTE AND RECYCLING HAULER
LICENSE REGULATIONS (EFFECTIVE 2019)
Sec. 30-26. Purpose.
To establish regulations and procedures for the collection and disposal of commercial
MSW, waste materials, recyclable material, yard waste, and other non-toxic and toxic wastes.
These regulations are necessary to develop standard licensing procedures for the collection and
disposal of MSW and recyclable materials.
Sec. 30-27. License to collect required, exception.
Subd. 1. No person, firm or corporation, except city employees, shall collect MSW,
recyclable materials,waste materials, SSOM or yard waste belonging to another in
the city without a license from the city. No collector licensed pursuant to this article
shall acquire a vested right in a license. The city may, upon finding that public
necessity requires, determine to establish other means of refuse collection.
Subd. 2. No person,firm or corporation,except city employees,shall scavenge,sort through,
or in any way handle the MSW,recyclable material,yard waste, or any other waste
materials of another person, firm or corporation without a license from the city or
permission from the owner thereof. Mixed municipal solid waste, recyclable
materials, yard waste, and any other waste materials shall be considered the
property of the generator until picked up by a hauler.
Sec. 30-28. Types of licenses.
There shall be four license categories defined by the type of account served:
1. Commercial property
2. Roll-off service
3. Residential service
4. Recycling service
Sec. 30-29. Licensing procedure.
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 hauler, to limit the number
of licenses issued, to determine collection fees and otherwise regulate collection not covered
by this chapter.
Sec. 30-30. Application forms.
Any person desiring a hauler's license shall complete and submit an application form
along with the prescribed exhibits below to the city. City staff shall review the application and
make a recommendation for approval/denial to the city council. The city council may, at its
discretion, require additional information be obtained, or studies conducted, before rendering
a determination on the application.
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The prescribed exhibits include, but are not limited,to:
Subd. 1. Proof of insurance for property damage liability, general liability, and bodily
injury liability.
Insurance secured by the hauler shall be issued by insurance companies acceptable
to the city. The insurance specified may be in a policy or policies of insurance,
primary or excess. Hauler's policies shall be primary insurance to any other valid
and collectible insurance available to the city with respect to any claim arising out
of hauler's performance. Hauler's policies and certificate of insurance shall contain
a provision that coverage afforded under the policies shall not be cancelled without
at least thirty(30)days advanced written notice to the city or in case of nonpayment
of premium,at least ten(10)days written notice of cancellation. Hauler shall obtain
insurance policies from insurance companies having an "AM BEST" rating of A-
(minus); Financial Size Category (FSC) VII or better, and be authorized to do
business in the State of Minnesota. The hauler and its sub-contractors shall secure
and maintain the following insurance:
(1) Workers compensation insurance. Workers compensation insurance as
specified by the Minnesota Department of Occupational Health and Safety
and federal law.
(2) Commercial general liability insurance. Hauler is required to maintain
insurance protecting it from claims for damages for bodily injury and
property damage which may arise from operations' under the agreement
with minimum limits as follows:
• $2,000,000—per occurrence
• $2,000,000—annual aggregate
• $2,000,000—annual aggregate
(3) Products/completed operations. The following coverages should be
included:
• Premises and operations bodily injury and property damage
• Personal and advertising injury
• Blanket contractual liability
• Products and completed operations liability
• City must be endorsed as an additional insured
(4) Business Automobile Liability Insurance. Hauler is required to maintain
insurance protecting it from claims for damages for bodily injury and
property damage resulting from the ownership, operation, maintenance or
use of all autos which may arise from operations under the agreement with
the city with minimum limits as follows:
• $1,000,000—per occurrence combined single limit for bodily injury and
property damage
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This insurance includes a cause of loss where there is a spill of fuels and
lubricants used in the vehicle for its operation.
An umbrella or excess liability insurance policy may be used to supplement
the policy limits on a follow-form basis to ratify the full policy limits
required by the agreement. All policies cannot be modified or canceled
without giving fifteen(15) days prior notice.
Subd. 2. Service addresses to be served in the city. The applicant shall provide a list of
MSW can-type and dumpster-type collection service addresses of units receiving,
or to receive such service in the city. This list shall be separated by license
categories.
Subd. 3. Indemnification. Before a license shall be issued, the applicant shall file with the
city administrator an executed indemnification in the form provided by the city.
Subd. 4. Surety bond or cash deposit. The applicant shall deposit with the application the
sum of ten thousand dollars ($10,000)or, in the alternative shall file with the city a
surety bond in an amount of ten thousand dollars ($10,000). The condition of said
bond shall bind the holder of said license to comply with all applicable provisions
of this Chapter and such other items as may be imposed by the city council. Where
a cash deposit is used, all or any part thereof may be subject to forfeiture in the
event of the violation of any provisions of this license,city codes,or terms imposed
by the city council. If, for any reason, any hauler shall be without insurance, or the
surety bond, the license shall terminate immediately without any further action of
the city.
Subd. 5. Yard waste service plan, including location of composting or disposal site.
Sec. 30-31. Equipment.
All equipment must meet the following standards.
Subd. 1. Vehicle protection. All trucks or motor vehicles used by the hauler shall be
watertight so as not to allow the leakage of liquids or materials and shall be covered
to prevent the scattering of contents upon the public streets or private properties in
the city. Should any material be dropped or spilled in collecting or transporting,the
driver shall immediately clean it up. Each vehicle shall contain specific procedures
to follow in the event of the loss of hydraulic or other working fluids and for
cleaning up any spilled items or debris.
Subd. 2. Cleaning. All vehicles shall be kept in a clean and sanitary condition.
Subd. 3. Painting. The packer body shall be painted and numbered, and shall have the
hauler's name and telephone number painted in letters of a contrasting color, at
least three inches (3") high, on each side of the vehicle and the number painted or
decaled on the rear. Recycling equipment shall display the National Recycling
emblem.
Subd. 4. Maintenance. The trucks shall be maintained in good working order; maintained
to minimize the loss of hydraulic or other working fluids and contain a broom,
shovels,and other equipment designed to absorb and collect spilled items or debris.
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Trucks also shall be equipped to meet all federal, state, and municipal regulations
concerning vehicles used on public roads and maintained to meet these standards.
Subd. 5. Description of vehicles. The hauler shall furnish the city with a written description
of all vehicles and equipment to be used within the City of Stillwater and shall
advise the city in writing of any withdrawal of a part of such equipment or of any
change therein within one (1) week of the time of making such change. Such
description shall include the number and type of vehicles weight and number of
axles of all equipment,what type of equipment will be used when streets are posted,
and the provisions established in the event the equipment is inoperable.
Subd. 6. Safety equipment. Each collection vehicle shall:
(1) Be clearly marked with the name and telephone number of the contractor
prominently displayed on both sides of the truck. The lettering must be at
least three (3) inches in height;
(2) Operate within the weight allowed by Minnesota Statutes and local
ordinances;
(3) Be duly licensed and inspected by the State of Minnesota;
(4) Have a two (2) way communication device;
(5) Have a first aid kit;
(6) Have an approved fire extinguisher;
(7) Have warning flashers;
(8) Have a broom, shovel and absorbent material for cleaning up solid or fluid
spills;
(9) Have warning alarms to indicate movement in reverse;
(10) Have a sign on rear of vehicle which states "This vehicle makes frequent
stops";
(11) All of the required equipment must be in proper working order.
(12) All vehicles must be maintained in proper working order and be as clean
and free of offensive odors as possible.
Subd. 7. Weight limits. City Code establishes weight restrictions for roads and weight
restrictions during frost conditions. Rear-loading MSW compactor vehicles are
restricted to 18,000 pounds per axle during frost conditions. Hauler can contact the
city engineer with questions on weight restrictions.
Sec. 30-32. License fee; expiration; transferability.
The fee for a license required by this Chapter shall be determined by the city council by
resolution from time to time. Every license shall expire on December 31 each year. The fee
for part of a year shall be credited to the next year's license fee, or refunded if the next year's
license is not renewed. No license shall be issued for more than one year. The license shall
not be transferable from one person to another.
Page 14 of 17
Sec. 30-33. Reporting requirements.
Subd. 1. Access to records. Each hauler shall provide to the city during normal business
hours, access to books, documents, papers, and other records of the hauler that are
directly pertinent to the issuance and monitoring of the license and required reports.
Subd. 2. Required reports. Each hauler shall submit the Minnesota Pollution Control
Agency (MPCA), the county, and other required reporting entities in the future,
required recycling reporting that is consistent with the county's reporting
requirements for recyclable materials.
(1) Each hauler shall document and retain dated market weight receipts of
recyclable materials sold for the last three years,which upon request will be
made available to Washington County or the city for review.
(2) Failure to keep accurate weights and/or to furnish this data to Washington
County or the city within 30 business days of it being requested,shall entitle
the city to impose administrative penalties and/or to revoke the collection
license.
(3) In addition to the above requirements, the hauler shall participate with
Washington County or the city in tests to confirm the methodology and
accuracy of the estimated weight of waste and recyclable materials.
Sec. 30-34. Complaint procedures.
Subd. 1. Office location. The hauler shall establish and maintain an office with continuous
supervision for accepting complaints and customer calls. The office shall be in
service with continuous supervision during the hours of 8:00 a.m. to 4:30 p.m. on
all days of collection in the city. A system for recording and responding to customer
calls outside business hours shall be established and described in the application for
license. The address and telephone number of such office, and any changes therein,
shall be given to the city in writing.
Subd. 2. Complaint response. The hauler shall maintain a complaint response and file
system. All complaints shall be answered courteously and promptly. The hauler is
responsible for resolving all complaints received.
Subd. 3. Notification. The city will notify the hauler of any complaints or unresolved
complaints that it receives. The hauler shall provide a semi-annual report in a
format prescribed by the city on the total number and type of complaints received
and the resolution of those complaints.
Sec.30-35. License revocation or suspension.
Every license required by this Chapter may be revoked, suspended or a civil fine of not
more than $2,500 may be imposed by the city council for a violation of any law or regulation
pertaining to solid waste adopted by the city,county or state. If the county revokes or suspends
any hauler's license, the city license, in case of revocation, shall be automatically terminated
without any further action of the city, or, in case of suspension, the city license shall also be
automatically suspended for the same length of time, without further action of the city.
Page 15 of 17
Sec. 30-36. Collection procedures.
Subd. 1. Frequency of collections. Each licensed hauler shall collect MSW weekly or more
often as sanitary conditions warrant as determined by the city administrator or
designee.
Subd. 2. Notification. The licensed hauler shall notify the city administrator or designee of
the discontinuance of service to any premises with a five(5)day written notice prior
to service being discontinued, if possible, but no later than the date service is
actually discontinued.
Subd. 3. Reporting. All licensed employees shall report to the hauler any violations of these
regulations or ordinances they observe in the performance of their work, and the
hauler shall report all such violations to the city administrator or designee.
Subd. 4. Revocation or suspension. A license may be revoked, suspended, or a civil fine of
not more than $2,500 imposed by the city council, if the hauler neglects or fails to
comply with the provisions of applicable Minnesota Statutes, Washington County
ordinances, and the ordinances approved by the city council with reference to solid
waste and recycling.
Subd. 5. Whenever it is found that a violation exists, the city may take action to correct the
conditions by serving a written order or notice upon the persons responsible
therefore directing him/her to discontinue said violation or correct such condition
that is in violation. No suspension or revocation takes effect until the hauler has
been afforded an opportunity for a hearing under Minn. Stat. §§ 14.57 to 14.69 of
the Administrative Procedure Act.
Subd. 6. Administrative penalties shall be enforced for license violations including:
(1) Failure to comply with statutory and code requirements, including liability
insurance.
(2) Failure to submit required reports by date specified by ordinance or
Washington County.
(3) Failure to provide the city with the name of the disposal facility used, upon
request.
(4) Failure to ensure contents do not leak or spill from vehicles or during
collection.
(5) Failure to clean-up solid or liquid spills or leaks from vehicles within one
(1) hour.
Subd. 7. Administrative penalties for violations of city or state solid waste regulations shall
be determined by resolution of the city council as part of the current year fee
schedule.
Subd. 8. The city council retains the right to impose penalties in excess of those contained
in this ordinance, when in the judgement of the city council it is appropriate to do
so.
Page 16 of 17
Subd. 9. All licensed haulers under this article shall promptly remit to the city any
administrative penalties imposed.
(1) Administrative penalties not remitted within forty-five (45) days of
imposition shall be doubled on the forty-sixth(46th)day after the date of the
city's notification to the hauler of the imposition of administrative penalties,
and shall double again after each successive thirty(30)day period on which
the penalties are not fully remitted to the city.
(2) No license under this article shall be renewed or issued if the hauler, or
individuals having interest in the business entity for which the license is
sought,have any outstanding administrative penalties due to the city for that
business entity or another business entity under their financial control.
Subd. 10. If the county revokes or suspends any hauler's license, the city license shall then
automatically be revoked or suspended for the same length of time,without further
action of the city.
2. SAVING. In all other ways the Stillwater City Code shall remain in full force and effect.
3. EFFECTIVE DATE. This Ordinance shall be effective upon its page and publication
according to law.
Adopted by the City Council this 3rd day of July, 2018.
CITY OF STILLWATER
Ted Kozlows , Mayor
ATTEST:
/(,:L.(4/Z-f7' //0a4CC
Diane F. Ward, City Clerk
Page 17 of 17
AFFIDAVIT OF PUBLICATION CITY OF STILLWATER
ORDINANCE NO.1106
STATE OF MINNESOTA )ss AN ORDINANCE AMENDING CHAPTER 30
COUNTY OF WASHINGTON OF THE STILLWATER CITY CODE,
ENTITLED GARBAGE AND RUBBISH
The City Council of the City of Stillwater does ordain:
Jessica Crabb being duly sworn on an oath, 1. AMENDING. The Stillwater City Code, Chapter 30, entitled
states or affirms that he/she is the Publisher's "Garbage and Rubbish"is deleted in its entirety and hereby replaced with
Designated Agent of the newspaper(s)known the following:
� g CHAPTER 30
as: SOLID WASTE AND RECYCLING
ARTICLE I.GENERAL REGULATIONS
Stillwater Gazette Sec.30-1. Purpose.
This adopted ordinance is the city's goal to improve solid waste man-
agement and to serve to the following purposes:
with the known office of issue being located Subd.1.Achieve a reduction in waste generated.
in the county of: (1)To protect the public health,safety,comfort,convenience,and gen-
WASHINGTON eral welfare of the residents of the city.
(2)Encourage the separation and recovery of materials and energy from
with additional circulation in the counties of: waste.
WASHINGTON (3)To establish powers,duties,rules,regulations,and standards for the
and has full knowledge of the facts stated removal of solid waste from the city.
below: (4)Promote best management practices in solid waste management to
(A)The newspaper has complied with all of protect air quality,water quality,and natural resources.
(5)Provide high quality solid waste and recycling services in the most
the requirements constituting qualifica- cost-effective manner possible.
tion as a qualified newspaper as provided (6)To promote programs and recommend policies to reduce waste and
by Minn.Stat.§331A.02. promote yard waste reduction through separation of recyclables and yard
(B)This Public Notice wasprintedand and garden wastes;and encourage the purchasing of products that are
pub- most durable or contain recycled or recyclable materials.
fished in said newspaper(s) once each (7)To meet minimum standards and requirements established by rules
week, for 1 successive week(s); the first of the Minnesota Pollution Control Agency regarding solid waste.
insertion being on 07/13/2018 and the last (8) To assure that the city complies with the city's current compre-
hensiveinsertion beingon 07/13/2018. plan,the current Washington County Solid Waste Management
Master Plan,and any updates to those plans approved by the city or the
county.
MORTGAGE FORECLOSURE NOTICES (9)To provide for the administration of the ordinance.
Pursuant to Minnesota Stat. §580.033 The city has authority to enact ordinances for these purposes under
Minn.Stat.§412.221,subd.22,which requires the city council to provide
relating to the publication of mortgage for or regulate the disposal of garbage,recycling and other solid waste.
foreclosure notices: The newspaper complies Sec.30-2. Definitions.
with the conditions described in §580.033, The following terms,as used in this Chapter,shall have the meaning
subd. 1, clause (1) or(2). If the newspaper's stated:
Abatement means the processes required to remove an assessment
known office of issue is located in a County once charges have been certified to the county auditor for collection with
adjoining the county where the mortgaged the real estate taxes.
premises or some part of the mortgaged AdditionaVoverfiow garbage means garbage in excess of the capacity
in the notice are located, of the garbage cart with the lid in the fully closed position.
premises described
substantial portion of the news a is Appliances means a device or instrument,especially an electrical de-
aP Pe vice,designed to perform a specific function for household use. (Exam-
circulation is in the latter county. pies: washer, dryer, water heater, toaster, microwave, dehumidifier, air
conditioner,etc.)
p Bulky waste shall have the meaning set forth in Minnesota Statutes and
is a subset of Municipal Solid Waste(MSW).It includes household items
By: and other discarded materials that due to their dimensions and weight
Designated Agent are typically not collected as part of the regular trash and recycling,or for
which may have a separate fee,such as furniture,carpeting,mattresses,
and appliances including consumer electronics.
Subscribed and sworn to or affirmed before Cart, or curbside cart are containers for MSW, recyclables or yard
me on 07/13/2018 by Jessica Crabb. waste equipped with wheels and a lid in the following standardized sizes
(approximate capacities):32-gallon(small),64-gallon(medium),96-gallon
(large)further referred to as"small", "medium",or"large."ownership is
retained by the city's contracted garbage hauler.
City-contracted garbage hauler is the company that the city con-
tracts with in accordance with Minn.Stat.§115A.94 to provide residen-
tial garbage and recycling collection and disposal services in the city.The
city-contracted garbage hauler is the sole garbage hauler for single-family
�� v1„Ok 4&� and multi-family residential properties in the city.
CM_
Notary Public Collection by the city means all trash and recycling accumulated in resi-
dences in the city shall be collected,conveyed and disposed of by the city
or by its duly authorized contractor.No person shall collect or dispose of
any trash and recycling accumulated on residential premises of the city
except the city or its designated contractor.
MITCHELL Containers means trash,organics and recycling containers(i.e.,2,4,6,
gyp!+., NIARLENE M. or 8 yard commercial container or roll-off boxes)which shall be equipped
3a'`,��" public-1�)fiflBSCdta with suitable handles and tightfitting covers,and shall be watertight.
:" a, Notary Collection day means the normal day for pick-up of MSW,recyclables,
l.' My Commission Expires
San,31.202� yard waste,and other materials outlined in this chapter.' k.,. Collection service means the process of collection and transportation
of garbage,yard waste,recyclables,and bulky waste and/or source-sepa-
rated organic materials by city-contracted garbage hauler to a processing
facility.
Rate Information:
Commercial property means properties in the city that are classified
(1)Lowest classified rate paid by commercial users generally as commercial or business in the city zoning code that gener-
for comparable space: ate garbage and recyclables and are typically serviced by a hauler of the
$40.00 per column inch business'choice.
County means County of Washington,in Minnesota.
Ad ID 834060 Composting means a method of recycling yard waste by allowing it to
decay and then using it as a soil amendment.
Consumer electronics shall have the meaning set forth in Minnesota "food waste/organics"and"source separated organics".)
Statutes and means any discarded device generated in a residential unit Special pick-up means any collection of material other than MSW,re-
with a circuit board,including but not limited to,televisions,computers, cyclables,or yard waste.Special pick-up includes bulky waste and con-
laptops,tablets,computer monitors,peripherals(e.g., keyboard, printer, struction/demolition waste.
mouse,etc.), cell phones, PDAs, DVD recorders/players and video cas- Tenant means a person who occupies/rents owner's property.
sette recorders/players,and fax machines. Volume based billing means a graduated rate structure based upon the
Construction debris means building materials,packaging,and rubble volume of MSW collected from residential dwellings.
resulting from construction, remodeling, repair, and demolition of build- Vectors of disease are animals, including, but not limited,to insects,
ings,roads or other facilities. mice,rats,squirrels,crows,flies and other vermin that are capable of car-
Contractor's garbage bill means the contractor's bill for services,from tying,transmitting and/or infecting humans with disease.
either the city-contracted garbage hauler or a commercial hauler,which is Walk-up service means special garbage or recycling service that is pro-
directly submitted to customers. vided from the side of the house or garage for which the contractor walks
Curb or curbside means that portion of the right-of-way adjacent to the cart or recycling container to and from the side of the house or garage
paved or traveled roadways,including alleys. and the collection vehicle that is applied for on a case-by-case basis.
Day-certain collection means a city-approved plan for collection ser- Waste materials means stone,sod,earth,trees,tree branches,wood,
vices by an established day-certain schedule which requires garbage,yard concrete, contractor's building materials, large automobile parts, junk
waste,recyclables,and source-separated compostable materials collec- cars,tires, large appliances, inflammable liquids, manure or articles so
tions on the same day of the week, and which is based on a five-day heavy or bulky that they cannot be easily lifted by one person. Waste ma-
workweek(Monday through Friday). terials are not considered"mixed municipal solid waste"for the purposes
Disposal means the treatment, utilization, processing,transfer or de- of this chapter.
posit of solid waste. Yard Waste means items such as grass trimmings, leaves, garden
Excess household waste means waste that exceeds the capacity of the wastes,twigs and miscellaneous tree seeds and cones and bundled brush
resident's cart and is subject to a special fee for pick up. no larger than 4'x 2'and under 40 pounds per bundle.
Food waste means residential food waste and includes meal prepara- Sec.30-3. Consumer Regulations: Consumer regulations are as
tion and leftover food scraps from households intentionally separated at follows:
the source by residents for the purpose of backyard composting or sepa- Subd.1.Collection by the city.All garbage and recycling accumulated
rate collection for centralized recovery in residences in the city shall be collected,conveyed and disposed of by
Hazardous wastes has the meaning defined in Minn.Stat.§115A.96, the city or by its duly authorized contractor. No person shall collect or
state rule, and county ordinance. Wastes are hazardous in Minnesota dispose of any trash and recycling accumulated on residential premises of
when they display one or more of these characteristics:ignitable,oxidizer, the city except the city or its designated contractor.
corrosive,reactive,toxic,or lethal. Subd.2.Containers.Trash and recycling containers shall be only those
Mixed Municipal Solid Waste(MSW)has the meaning set forth in Minn. authorized by the city and provided to the consumer by the city contractor
Stat. §115A.03, and means garbage, refuse, and other waste materials and shall be equipped with suitable handles and tightfitting covers and
from residential,commercial and community activities that the generator shall be watertight.
of the waste aggregates for collection, but does not include auto hulks, (1)Trash and recycling containers shall be stored out of view of the
street sweepings,ash,construction debris,mining waste,sludge,tree and public street,except that the containers may be placed at curbside after
agriculture wastes,tires,lead acid batteries,used oil,and other materials 5:00 p.m.the day before the scheduled collection and on days scheduled
collected, processed and disposed of as separate waste streams.Also for collection.The trash and recycling containers shall be made readily
referred to as"garbage". accessible to the collector by placing the container at curbside no later
Multiple residential dwelling service means providing solid waste and than 6:00 a.m.on the day of collection.
recycling pick up to any structure containing more than three(3)dwelling (2)The consumer shall be responsible for the damage or loss of a con-
units that does not meet the definition of a residential dwelling service. tainer and shall be liable to the contractor for this damage,except that
Non-targeted materials means materials that are not designated by the reasonable wear is expected.
city,county or state as recyclable. (3)No mixing of household waste,yard waste,hazardous waste,recy-
Normal household waste means Mixed Municipal Solid Waste(MSW) clables or other solid waste shall be permitted.
typically generated by residential households. (4)No container shall be unreasonably compacted by stuffing or oth-
Owner means to be the owner recorded at the county auditor's office. erwise.
Processing means the sorting,volume reduction,baling,containment (5)A 30-gallon bag of waste shall not exceed 30 pounds,and a bag of
or other preparation of recyclables delivered to a facility for transportation yard waste shall not exceed 40 pounds.
or marketing purposes (6)All bags shall be closed at the top and the lid shall fit securely shut
Processing center means a facility in which solid waste and recyclable on each container.
materials are processed. The facility will conform to all applicable rules, (7)Participants in residential dwelling service as defined must partici-
regulations and laws of state,local or other jurisdictions. pate in the recycling program.
Recyclable materials,recyclables have the meaning set forth in Min- Subd.3.Yard Waste. Yard waste shall be separated from MSW and
nesota Statutes and means material that are separated from MSW for the recyclable materials.
purpose of recycling or composting,including recyclables.At a minimum, Sec.30-4. Fees.
the list of recyclables shall be inclusive of the Washington County standard The fees for collection per month are established by the city council in
list of residential curbside recyclables. the agreement negotiated with the city's hauler.
Recycling shall have the definition in Minnesota Statutes and shall Subd.1.In the event a residence desires collection of normal house-
mean the process of collecting and preparing recyclable materials includ- hold waste in excess of the waste held by the resident's container per
ing yard waste and source-separated organic materials,and reusing the week,they shall place the waste in bags not exceeding 30 gallons.Res-
materials in their original form or using them in composting or manufactur- idents shall pay the contractor an additional charge for each additional
ing processes that do not cause the destruction of recyclable materials in 30-gallon bag.
a manner that precludes further use. Subd.2. Residents who will be continuously absent from the city for
Residential dwelling service means providing solid waste and recycling more than 90 days and have notified the city's contracted hauler will not
pick up to any single building consisting of one through three dwelling be charged during the period of their absence.
units with individual kitchen facilities for each and shall include multi-family, Subd. 3. Walk-up service may be available for garbage or recycling
apartments including apartment dwellings in the central business district, which is applied for on a case-by-case basis.
condominium and townhouse buildings,bed and breakfast operations and Sec.30-5. Collection of charges.
businesses operating out of a residence. Single-family residences shall Subd.1.In all residence buildings,it shall be the responsibility of the
constitute one unit. Each unit of a multiple dwellings will constitute one property owner to contract with the city's hauler to provide for the collec-
unit for the purposes of this chapter. tion of the mixed municipal solid waste and recycling in accordance with
Residential hauling district means an area of the city in which all resi- this chapter.The property owner shall be responsible and liable hereunder
dential mixed municipal solid waste,recyclable materials and yard waste whether or not the said owner occupies or resides in the building and
are collected on the same day. whether or not said premises is leased or rented to another.
Resource recovery facility means a waste and recycling facility con- Sec.30-6. Required Collection of Mixed Municipal Solid Waste.
tracted by and/or operated by the Ramsey/Washington Recycling and En- Subd. 1.Any commercial property or any other structure in the city,
ergy Board(R&E Board)in which solid wastes are processed. including churches and halls, shall have garbage collected by hauler li-
Roll-off service means providing an open top dumpster characterized censed by the city and shall comply with this section.
by a rectangular footprint,utilizing wheels to facilitate rolling the dumpster Subd.2.All garbage shall be disposed of in compliance with state law
into place.Roll-offs are commonly used to contain loads of construction and county policies regarding required processing of waste.
and demolition waste or other waste types. Sec.30-7. Collection practices.
Single-sort recycling means the required recyclables collection method Collection practices are as follows:
in which items designated as"recyclable materials"or"recyclables"are Subd.1.Contractor shall make MSW curbside pickup at all residential
placed in a recycling cart,without being sorted for curbside collection. units in the city one time per each week. All MSW from each dwelling,
Source separate organic materials(SSOM)shall include food waste and including yard waste,bulk waste,and other material shall be collected on
other compostable organic materials that are source separate for recov- the same day.
ery and as defined in Minnesota Statutes.The term"organics"does not Subd.2.Single-sort recycling shall be unlimited in quantity and picked
include yard waste for the purposes of this ordinance.(Also referred to as up at least every other week on the same day as MSW and other materials
are collected. (3)Nor shall any person,cast,throw or deposit any MSW,recyclables,
Subd.3. Daily service hours shall be between the hours of 7:00 a.m. bulky waste, yard waste, construction/demolition debris, or any other
and 7:00 p.m.for residential areas(as defined residential dwelling service/ waste into any stream or other body of water or anywhere in the city that
residential dwelling district)in the city. No Collection service shall take may be carried or deposited by the elements upon any street,sidewalk,
place outside of these hours. alley,sewer,storm sewer,parkway or other public place or into any occu-
Subd.4.The pickup of normal household waste and yard waste is lim- pied premises within the city.
ited in quantity and the fee for collection of normal household waste and Subd.3.Any unauthorized accumulation of MSW and recycling on any
yard waste may be set from time to time by resolution of the city council. premises is hereby declared to be a nuisance and is prohibited.
Subd. 5. Pickup of commercial waste, including MSW, food waste, Subd.4. Construction debris that accumulates on construction sites
grease,recyclables and all other wastes shall occur no less than once per must be contained in a durable container to prevent waste from escaping.
week,and as often as necessary so that containers do not overflow and The capacity of the durable containers must be sufficient for the project or
no objectionable odors can be detected more than three(3)feet from any planned removal(pick-ups)must be scheduled. Construction and demo-
container. lition waste haulers that use roll-off containers must have a roll-off license.
Subd. 6. Hauler shall respond promptly upon request by the city to Waste materials cannot be stored in the structure. Failure to contain and
clean up any spills,loose solid waste,solid wastes blown out or vehicles control waste building materials will result in a stop work order.
or leakage of vehicle fluids that result from its operations. The contractor Subd. 5. Disposing of MSW, recyclable materials, waste materials,
shall promptly clean up any of the above if observed by employees or or yard waste in an unregulated manner on any street,alley,drive,park,
notified of it during the route. playground,or other public place or on any occupied or vacant privately
Sec.30-8. Recycling procedures. owned lot shall constitute a violation of this section,whether such material
Subd.1. Materials to be collected.The city's contracted hauler is re- is discarded by the individual upon whose premises the material originates
quired to pick up recyclable materials at every residential dwelling. or whether it is discarded by some other person or collector,licensed or
The city council, by resolution approving the city's contract hauler unlicensed.
agreement,establishes recyclable materials. In the event the city,county Sec.30-11. Burying and burning.
or state changes the list of recyclable materials,the city's contracted haul- No person shall bury any MSW, recyclable materials, or other waste
er shall begin collection of any additional recyclable materials within 30 materials within the city and no person shall burn MSW,or other waste ma-
days of the adoption of the resolution unless written approval is obtained terials except in an incinerator located within a residence or other building
from the city. that conforms to the requirements of the State of Minnesota.
Subd.2. Collection. City's contracted hauler shall only collect recy- Sec.30-12. Rules and regulations.
clable materials properly prepared by the homeowner and placed in an Subd.1.The city council shall have the authority to make rules and reg-
approved recycling container. The licensed hauler shall provide single-sort ulations concerning type and location of waste containers,the collection
recycling services to all properties. of yard and garden wastes and recyclables,license applications and the
The hauler shall have full responsibility to determine which items are information required,and any other matter concerning solid waste man-
properly prepared,but should make every reasonable effort to collect all agement that is not in conflict with this chapter.
items set out by residents for recycling. Subd.2.All solid waste and recycling accumulated in areas of the city
The hauler shall not landfill or incinerate any recyclable materials col- not subject to mandatory collection by the contractor authorized by the
lected,nor sell,trade or give materials to any person or business for the city for residential collection must contract with a solid waste removal con-
purpose of landfilling or incinerating said materials without the prior written tractor licensed by the city for removal and lawful disposal of MSW and
consent of the city and the State of Minnesota. recycling.
Subd.3. Notifications. The hauler shall provide each new customer Subd.3.If the city determines a health or safety hazard exists in the
with detailed instructions on how to prepare recyclables for collection. manner garbage and rubbish is stored on site and held for removal by a
Hauler must notify customers at least thirty(30)days in advance before contractor,a solid waste plan must be provided to the city that controls or
changing their recycling collection system and provide detailed instruc- eliminates the condition.Once the plan is approved by the city,failure to
tions on how to prepare recyclables under the system. Hauler shall also abide by the plan is a violation of the City Code.
notify customers at least once each year of proper recyclables preparation Subd.4.No person shall deposit MSW and recyclables accumulated by
for collection,including the list of recyclable materials. a residence or business in the container of another or in a container main-
Sec.30-9. Yard waste and SSOM procedures. tained by the city for collection of litter from city streets or parks.
Subd. 1. Frequency of collection. Each licensed hauler shall make Sec.30-13. -30-25. Reserved.
weekly collection of yard wastes within the daily residential hauling dis-
tricts from May 1 to November 30,weather permitting.When SSOM col- ARTICLE II.SOLID WASTE AND RECYCLING HAULER
lection is begun, each licensed hauler shall make weekly collection of LICENSE REGULATIONS(EFFECTIVE 2019)
SSOM within the daily hauling districts.
Subd.2.Collection plan.The city's hauler shall submit a service plan Sec.30-26. Purpose.
for yard waste pick-up. This plan at a minimum shall describe the services To establish regulations and procedures for the collection and dispos-
to be provided,the manner in which the hauler intends to collect and haul al of commercial MSW,waste materials,recyclable material,yard waste,
away yard waste,the licensed compost site to receive the yard waste,the and other non-toxic and toxic wastes.These regulations are necessary to
method by which the hauler will inform its customers of yard waste collec- develop standard licensing procedures for the collection and disposal of
tion service,and the fees for pickup service. MSW and recyclable materials.
The city may accept a plan that provides yard waste pickup through a Sec.30-27. License to collect required,exception.
subcontractor,provided an agreement to provide such service is in effect Subd.1. No person,firm or corporation,except city employees,shall
between a subcontractor and/or the city's hauler and the agreement is collect MSW,recyclable materials,waste materials,SSOM or yard waste
pre-approved in writing by the city. The sub-contractor shall be licensed belonging to another in the city without a license from the city. No collec-
by the city. The yard waste plan submitted shall remain in effect for the tor licensed pursuant to this article shall acquire a vested right in a license.
term of the license or city's hauler contract unless written approval to mod- The city may, upon finding that public necessity requires, determine to
ify the plan is obtained from the city. establish other means of refuse collection.
Subd.3.SSOM to be collected. The city council shall determine the Subd.2. No person,firm or corporation,except city employees,shall
beginning of SSOM collection in the city. scavenge,sort through,or in any way handle the MSW,recyclable mate-
When SSOM collection begins, service plans including frequency of rial,yard waste,or any other waste materials of another person,firm or
collection, required disposal at a licensed facility,reporting to the city,and corporation without a license from the city or permission from the owner
other city-specified parameters shall be required to be approved by the thereof. Mixed municipal solid waste, recyclable materials,yard waste,
city in writing prior to implementation. and any other waste materials shall be considered the property of the gen-
Subd.4.Notification.The hauler in March and September shall notify erator until picked up by a hauler.
each customer of the yard waste services,yard waste container rental and Sec.30-28. Types of licenses.
procedures for yard waste pickup provided by the hauler. There shall be four license categories defined by the type of account
Sec.30-10. Disposal requirements served:
Subd.1.It shall be unlawful for any person,firm or corporation to fail to 1.Commercial property
dispose of MSW and other waste materials in a sanitary manner that may 2.Roll-off service
be or may accumulate upon property owned or occupied at least as often 3.Residential service
as hereinafter provided. 4.Recycling service
Subd.2.Littering:
(1)No person shall cast,place,sweep,or deposit anywhere within the Sec.30-29. Licensing procedure.
city any MSW,recyclables,bulky waste,SSOM,yard waste,or construc- The city council, in the interest of maintaining healthful and sanitary
tion/demolition debris in such a manner that it may be carried or deposited conditions in the city hereby reserves the right to specify and assign cer-
by the elements upon any street,sidewalk,alley,sewer,parkway,or other tain areas to hauler,to limit the number of licenses issued,to determine
public place or onto any property within the city. collection fees and otherwise regulate collection not covered by this chap-
(2)No person shall place MSW,recyclables,bulky waste,SSOM,yard ter.
waste,construction/demolition debris or any other waste in any alley or Sec.30-30. Application forms.
other public place,or upon any private property,whether owned by such Any person desiring a hauler's license shall complete and submit an
a person or not, unless it is in proper containers for collection or under application form along with the prescribed exhibits below to the city.City
express approval granted by city staff. staff shall review the application and make a recommendation for approv-
al/denial to the city council. The city council may,at its discretion,require and contain a broom,shovels,and other equipment designed to absorb
additional information be obtained,or studies conducted,before rendering and collect spilled items or debris.Trucks also shall be equipped to meet
a determination on the application, all federal,state,and municipal regulations concerning vehicles used on
The prescribed exhibits include,but are not limited,to: public roads and maintained to meet these standards.
Subd. 1.Proof of insurance for property damage liability,general Subd.5.Description of vehicles.The hauler shall furnish the city with
liability,and bodily injury liability. a written description of all vehicles and equipment to be used within the
Insurance secured by the hauler shall be issued by insurance compa- City of Stillwater and shall advise the city in writing of any withdrawal of a
nies acceptable to the city. The insurance specified may be in a policy or part of such equipment or of any change therein within one(1)week of the
policies of insurance,primary or excess. Hauler's policies shall be primary time of making such change. Such description shall include the number
insurance to any other valid and collectible insurance available to the city and type of vehicles weight and number of axles of all equipment,what
with respect to any claim arising out of hauler's performance. Hauler's type of equipment will be used when streets are posted,and the provisions
policies and certificate of insurance shall contain a provision that coverage established in the event the equipment is inoperable.
afforded under the policies shall not be cancelled without at least thirty Subd.6.Safety equipment Each collection vehicle shall:
(30)days advanced written notice to the city or in case of nonpayment (1)Be clearly marked with the name and telephone number of the con-
of premium,at least ten(10)days written notice of cancellation. Hauler tractor prominently displayed on both sides of the truck.The lettering must
shall obtain insurance policies from insurance companies having an"AM be at least three(3)inches in height;
BEST"rating of A-(minus);Financial Size Category(FSC)VII or better,and (2)Operate within the weight allowed by Minnesota Statutes and local
be authorized to do business in the State of Minnesota. The hauler and its ordinances;
sub-contractors shall secure and maintain the following insurance: (3)Be duly licensed and inspected by the State of Minnesota;
(1) Workers compensation insurance. Workers compensation insur- (4)Have a two(2)way communication device;
ance as specified by the Minnesota Department of Occupational Health (5)Have a first aid kit;
and Safety and federal law. (6)Have an approved fire extinguisher;
(2)Commercial general liability insurance. Hauler is required to main- (7)Have warning flashers;
tain insurance protecting it from claims for damages for bodily injury and (8)Have a broom,shovel and absorbent material for cleaning up solid
property damage which may arise from operations'under the agreement or fluid spills;
with minimum limits as follows: (9)Have warning alarms to indicate movement in reverse;
•$2,000,000—per occurrence (10) Have a sign on rear of vehicle which states"This vehicle makes
•$2,000,000—annual aggregate frequent stops";
•$2,000,000—annual aggregate (11)All of the required equipment must be in proper working order.
(12)All vehicles must be maintained in proper working order and be as
(3) Products/comoleted operations The following coverages should clean and free of offensive odors as possible.
be included: Subd. 7.Weight limits.City Code establishes weight restrictions for
•Premises and operations bodily injury and property damage roads and weight restrictions during frost conditions. Rear-loading MSW
•Personal and advertising injury compactor vehicles are restricted to 18,000 pounds per axle during frost
•Blanket contractual liability conditions. Hauler can contact the city engineer with questions on weight
•Products and completed operations liability restrictions.
•City must be endorsed as an additional insured Sec.30-32. License fee;expiration;transferability.
The fee for a license required by this Chapter shall be determined by
(4)Business Automobile Liability Insurance. Hauler is required to main- the city council by resolution from time to time. Every license shall expire
tain insurance protecting it from claims for damages for bodily injury and on December 31 each year. The fee for part of a year shall be credited
property damage resulting from the ownership,operation,maintenance or to the next year's license fee,or refunded if the next year's license is not
use of all autos which may arise from operations under the agreement with renewed. No license shall be issued for more than one year. The license
the city with minimum limits as follows: shall not be transferable from one person to another.
•$1,000,000-per occurrence combined single limit for bodily injury Sec.30-33. Reporting requirements.
and property damage Subd.1.Access to records. Each hauler shall provide to the city during
This insurance includes a cause of loss where there is a spill of fuels and normal business hours,access to books,documents, papers,and other
lubricants used in the vehicle for its operation. records of the hauler that are directly pertinent to the issuance and moni-
An umbrella or excess liability insurance policy may be used to supple- boring of the license and required reports.
ment the policy limits on a follow-form basis to ratify the full policy limits Subd.2.Required reports. Each hauler shall submit the Minnesota Pol-
required by the agreement. All policies cannot be modified or canceled lution Control Agency(MPCA),the county, and other required reporting
without giving fifteen(15)days prior notice. entities in the future,required recycling reporting that is consistent with the
Subd.2.Service addresses to be served in the city.The applicant county's reporting requirements for recyclable materials.
shall provide a list of MSW can-type and dumpster-type collection service (1)Each hauler shall document and retain dated market weight receipts
addresses of units receiving,or to receive such service in the city. This list of recyclable materials sold for the last three years,which upon request will
shall be separated by license categories. be made available to Washington County or the city for review.
Subd.3.Indemnification.Before a license shall be issued,the appli- (2)Failure to keep accurate weights and/or to furnish this data to Wash-
cant shall file with the city administrator an executed indemnification in the ington County or the city within 30 business days of it being requested,
form provided by the city, shall entitle the city to impose administrative penalties and/or to revoke
Subd.4.Surety bond or cash deposit The applicant shall deposit with the collection license.
the application the sum of ten thousand dollars($10,000)or,in the alter- (3)In addition to the above requirements,the hauler shall participate
native shall file with the city a surety bond in an amount of ten thousand with Washington County or the city in tests to confirm the methodology
dollars($10,000). The condition of said bond shall bind the holder of said and accuracy of the estimated weight of waste and recyclable materials.
license to comply with all applicable provisions of this Chapter and such Sec.30-34. Complaint procedures.
other items as may be imposed by the city council. Where a cash deposit Subd. 1. Office location. The hauler shall establish and maintain an
is used,all or any part thereof may be subject to forfeiture in the event of office with continuous supervision for accepting complaints and customer
the violation of any provisions of this license,city codes,or terms imposed calls. The office shall be in service with continuous supervision during
by the city council.If,for any reason,any hauler shall be without insurance, the hours of 8:00 a.m.to 4:30 p.m.on all days of collection in the city. A
or the surety bond,the license shall terminate immediately without any system for recording and responding to customer calls outside business
further action of the city, hours shall be established and described in the application for license.The
Subd.5.Yard waste service plan,including location of composting address and telephone number of such office,and any changes therein,
or disposal site. shall be given to the city in writing.
Sec.30-31. Equipment. Subd.2.Complaint response. The hauler shall maintain a complaint re-
All equipment must meet the following standards. sponse and file system. All complaints shall be answered courteously and
Subd.1.Vehicle protection.All trucks or motor vehicles used by the promptly. The hauler is responsible for resolving all complaints received.
hauler shall be watertight so as not to allow the leakage of liquids or ma- Subd.3.Notification. The city will notify the hauler of any complaints or
terials and shall be covered to prevent the scattering of contents upon unresolved complaints that it receives.The hauler shall provide a semi-an-
the public streets or private properties in the city.Should any material be nual report in a format prescribed by the city on the total number and type
dropped or spilled in collecting or transporting,the driver shall immediately of complaints received and the resolution of those complaints.
clean it up.Each vehicle shall contain specific procedures to follow in the Sec.30-35. License revocation or suspension.
event of the loss of hydraulic or other working fluids and for cleaning up Every license required by this Chapter may be revoked,suspended or
any spilled items or debris. a civil fine of not more than$2,500 may be imposed by the city council for
Subd.2.Cleaning.All vehicles shall be kept in a clean and sanitary a violation of any law or regulation pertaining to solid waste adopted by
condition, the city,county or state. If the county revokes or suspends any hauler's
Subd.3.Painting.The packer body shall be painted and numbered, license,the city license,in case of revocation,shall be automatically termi-
and shall have the hauler's name and telephone number painted in letters nated without any further action of the city,or,in case of suspension,the
of a contrasting color,at least three inches(3")high,on each side of the city license shall also be automatically suspended for the same length of
vehicle and the number painted or decaled on the rear. Recycling equip- time,without further action of the city.
ment shall display the National Recycling emblem. Sec.30-36. Collection procedures.
Subd.4.Maintenance.The trucks shall be maintained in good working Subd. 1. Frequency of collections. Each licensed hauler shall collect
order;maintained to minimize the loss of hydraulic or other working fluids MSW weekly or more often as sanitary conditions warrant as determined
by the city administrator or designee.
Subd.2.Notification.The licensed hauler shall notify the city adminis-
trator or designee of the discontinuance of service to any premises with a
five(5)day written notice prior to service being discontinued,if possible,
but no later than the date service is actually discontinued.
Subd.3.Reporting. All licensed employees shall report to the hauler
any violations of these regulations or ordinances they observe in the per-
formance of their work,and the hauler shall report all such violations to the
city administrator or designee.
Subd.4.Revocation or suspension. A license may be revoked,sus-
pended,or a civil fine of not more than$2,500 imposed by the city council,
if the hauler neglects or fails to comply with the provisions of applicable
Minnesota Statutes,Washington County ordinances,and the ordinances
approved by the city council with reference to solid waste and recycling.
Subd.5.Whenever it is found that a violation exists,the city may take
action to correct the conditions by serving a written order or notice upon
the persons responsible therefore directing him/her to discontinue said
violation or correct such condition that is in violation. No suspension or
revocation takes effect until the hauler has been afforded an opportunity
for a hearing under Minn.Stat. §§ 14.57 to 14.69 of the Administrative
Procedure Act.
Subd.6.Administrative penalties shall be enforced for license violations
including:
(1) Failure to comply with statutory and code requirements, including
liability insurance.
(2)Failure to submit required reports by date specified by ordinance or
Washington County.
(3)Failure to provide the city with the name of the disposal facility used,
upon request.
(4)Failure to ensure contents do not leak or spill from vehicles or during
collection.
(5)Failure to clean-up solid or liquid spills or leaks from vehicles within
one(1)hour.
Subd. 7.Administrative penalties for violations of city or state solid
waste regulations shall be determined by resolution of the city council as
part of the current year fee schedule.
Subd.8.The city council retains the right to impose penalties in excess
of those contained in this ordinance,when in the judgement of the city
council it is appropriate to do so.
Subd.9.All licensed haulers under this article shall promptly remit to
the city any administrative penalties imposed.
(1)Administrative penalties not remitted within forty-five(45)days of
imposition shall be doubled on the forty-sixth(46th)day after the date of
the city's notification to the hauler of the imposition of administrative pen-
alties,and shall double again after each successive thirty(30)day period
on which the penalties are not fully remitted to the city.
(2)No license under this article shall be renewed or issued if the hauler,
or individuals having interest in the business entity for which the license is
sought,have any outstanding administrative penalties due to the city for
that business entity or another business entity under their financial control.
Subd. 10.If the county revokes or suspends any hauler's license,the
city license shall then automatically be revoked or suspended for the same
length of time,without further action of the city.
2.SAVING. In all other ways the Stillwater City Code shall remain in full
force and effect.
3.EFFECTIVE DATE. This Ordinance shall be effective upon its page
and publication according to law.
Adopted by the City Council this 3rd day of July,2018.
CITY OF STILLWATER
/s/Ted Kozlowski
Mayor
ATTEST: /s/Diane F.Ward
City Clerk
Published in the
Stillwater Gazette
July 13,2018
834060