WASHINGTON COUNTY, MINNESOTA
ORDINANCE 2003-101
AN ORDINANCE ESTABLISHING REGULATIONS FOR THE COLLECTION OF TARGETED RECYCLABLES AND THE COLLECTION OF SERVICE FEES INCURRED BY THE CITY FOR TARGETED RECYCLABLES IN THE CITY OF GRANT, WASHINGTON COUNTY, MINNESOTA.
THE CITY OF GRANT, WASHINGTON COUNTY, MINNESOTA DOES HEREBY ORDAIN:
Section 1. PURPOSE AND INTENT
It is the intent of the City of Grant by this Ordinance to establish the rules and regulations for targeted recycling collection within the City of Grant and to establish fees to be collected for the costs of recycling incurred by the City from each resident or landowner to insure that the disposal of such materials is accomplished in a sanitary manner, safeguarding the health of the residents of the City, and to implement the State of Minnesota's recycling and solid waste mandates.
Section 2: REPEAL OF INCONSISTENT ORDINANCE
Any Ordinances within the City of Grant which conflict with this ordinance are hereby repealed and replaced by the conditions and terms contained herein.
Section 3: DEFINITIONS:
The following words, terms, and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Subd. A. City means the City of Grant, Washington County, Minnesota.
Subd. B. Commercial Establishment - Any premises where a commercial or industrial enterprise of any kind is carried on. This includes restaurants, clubs, churches, and schools where food is prepared or served.
Subd. C. County means Washington County, Minnesota.
Subd. D. Mixed Municipal Solid Waste (MSW) means garbage, other refuse, and other solid waste from residential, commercial, industrial, and community activities that the generator of the waste aggregates for collection, but does not include auto hulks, street sweepings, ash, construction debris mining wastes, sludges, tree and agricultural wastes, tires, lead acid batteries, motor and vehicle fluids and filters, and other materials collected, processed and disposed of as separate waste streams, but does include source separated compost able materials.
Subd. E. Multiple Residential Dwelling - Any building used for residential purposes consisting of more than five dwelling units with individual kitchen units for each.
Subd. F. Recyclables means materials that are separated from mixed municipal solid waste which may be recycled or reused through recycling processes and includes paper, glass, plastics, metals, automobile oil, and batteries as well as targeted recyclables.
Subd. G. Residential Dwelling - Any single building consisting of five or less dwelling units with individual kitchen facilities for each.
Subd. H. Targeted Recyclables means (1) metal beverage containers, (2) tin cans, (3) glass containers (clear, green and brown glass containers and excludes all window pane glass), (4)news print, (5)glossy magazines, (6)corrugated cardboard, (7)Plastics #1 and #2, or other materials as defined by City resolution.
Subd. I. Yard Waste means leaves and grass clippings or other similar soft organic materials.
Section 4. DISPOSAL GENERALLY
Subd. A. The City shall enter into a contract with a Recycling Hauler for curbside collection and disposal of targeted recyclables in the City.
Subd. B. It shall be unlawful for any person to fail to dispose of recyclables that may accumulate upon property owned or occupied by a person at least once every 30 days. Every person who fails or refuses to make provisions for and secure disposal of such shall be guilty of a misdemeanor.
Subd. C. It shall be unlawful for any person to dispose of targeted recyclables, yard and tree waste into the Mixed Municipal Solid Waste stream. Yard waste shall be disposed of by:
1. Contracting with a private collector to haul the yard waste to a an appropriately licensed site.
2. The resident transporting the yard waste to an approved compost site.
3. Composting the yard waste on the resident's property.
4. Burning in compliance with City of Grant ordinance.
Subd. D. Major appliances may be collected by a private hauler who is a Minnesota Pollution Control Agency approved appliance collector.
Subd. E. Residents of residential dwelling units and commercial establishments are required to separate targeted recyclables from the waste stream for recycling.
Section 5. LITTERING
The discharging or depositing of Targeted Recyclables on any street, alley, drive, park, playground, or other public place or any privately owned lot in the City by any person is unlawful. Targeted Recyclables is the responsibility of the property owner until such time as trash is collected by the Recycling Hauler.
Section 6. SCAVENGING PROHIBITED
It is unlawful for any person to scavenge or otherwise collect targeted recyclable materials at the curb or from recyclable containers without a contract with the City or an account relationship with the owner of the premises.
Section 7. EXCEPTION
Nothing in this Section shall prevent persons from hauling Recyclables from their own residences or commercial establishments, provided the following rules are observed:
Subd. A. The disposal method must insure that all recyclables are disposed of at a recycling facility, an organized recycling drive or through a licensed recycling hauler (not contracted by the City).
Subd. B. That all recyclables are hauled in containers that are watertight on all sides and the bottom, and with tight fitting covers on top.
Subd. C. That all recyclables are hauled in vehicles with leak-proof bodies and completely covered or enclosed by canvas or other means of material so as to completely eliminate the possibility of loss of cargo.
Subd. D. That yard waste may be composted privately, be disposed of at an approved composting facility, or through a licensed garbage and refuse hauler.
Section 8. RECYCLING FEES
The City of Grant shall collect a fee to cover the costs for targeted recyclables incurred y the City for a Recycling Hauler from all of its residents or landowners in the City. The fee shall be established by resolution by the City on or before November 30 of each year. The City shall reduce the recycling contract (currently $44,000 for the year 2004) by deducting twenty five (25) percent of the grant received each year, if any, from Washington County ($1,500 for 2004) from the fees charged to the City by a Recycling Hauler. The City shall then divide the remaining cost for recycling by the number of households and commercial establishments (approximately 1,400) to insures that each residential or commercial establishment pays an established fee for recycling services provided by the City. The City Clerk shall establish the number of units by parcel identification number. The City shall also include in its costs for recycling any necessary administrative costs incurred by the City to process and collect the recycling fees.
The City shall certify to the County Auditor all amounts owed by each residential or commercial establishment by parcel. Said amount shall be collected through the real estate tax assessments which become due and payable in January of the following year and shall be enforced and collected in the manner provided for the enforcement and collection of real property taxes in accordance with the provisions of the laws of the state. The charges, if not paid, shall become delinquent and be subject to the same penalties and the same rate of interest as the taxes under the general laws of the state. In the event that a new owner or occupant receives services after the fees are assessed the City may send a bill for the services on a prorata basis.
The City may collect the recycling fee against tax exempt properties.
In addition to each and every other remedy available to the City, unpaid recycling charges, penalties and interest may be recovered in a civil action against a property owner, lessee or occupant.
Section 9. DUTIES AND OBLIGATIONS OF THE RECYCLING HAULER
All recycling haulers of recycling products and materials shall comply with the following operational requirements, in addition to any requirements of their contract with the City. Failure to observe these provisions may be the basis for suspension, revocation of a license or imposition of fines by the City Council.
Subd. A. The licensee shall operate in a manner consistent with its request for proposal and application materials, and shall provide notice to the City within ten (10) days of any change of the information, forms, or certificates filed as part of the application process.
Subd. B. The licensee shall comply with all City, County, State and Federal laws and regulations.
Subd. C. As of January 1, 2004, no collection of Recycling materials shall be made except between the hours of six o'clock (6:00 AM) and five o'clock (5:00 PM) Monday through Friday. Operation during these hours may have service moved back or forward one day to accommodate recognized national holidays, poor weather conditions, and natural disasters. Customers shall be reasonably notified of the specific day for the collection of their Recyclables, and the licensee shall collect the materials on those days. Multiple residential dwellings, as defined in this Ordinance, and manufactured home parks are not restricted to these days of collection where combined collection service is provided through a homeowner's association or facilities management firm.
Subd. D. Each Recycling Hauler shall use only vehicles and equipment so constructed that the contents will not leak, spill, or blow out of the vehicles. Each collector shall cycle their collection equipment as is necessary to minimize the leaking or spilling of material from the vehicles. The vehicles and equipment shall also be kept clean and as free from offensive odors as possible, and shall not stand in any public place longer than is reasonably necessary to collect the recyclables. The recycling hauler shall also insure that the immediate collection site is left tidy and free of litter.
Subd. E. Each licensed MSW hauler shall provide its customers with an opportunity to recycle through at least semi-monthly collection of targeted recyclables.
Subd. F. The curbside collection of targeted recyclables shall be from a location at or near the customer's collection point for other materials or some other location mutually agreeable to the hauler and the customer.
Subd. G. At a minimum, the materials collected shall be those designated as targeted recyclables by the City.
Subd. H. In each instance where a recycling hauler does not collect recyclable materials from a residence or business, adequate notification as to why the recyclable material was not picked up, must be left with recyclable materials left at the curbside.
Subd. I. The recycling hauler is also deemed the owner of the recyclables upon collection, the licensee is responsible for marketing or disposing of targeted recyclable to the appropriate recycling facility.
Subd. J. The recycling hauler shall provide to the City on a quarterly basis documentation to show the types of targeted recyclables collected and the tonnage.
Section 10. THE PROCESS FOR DESIGNATING TARGETED RECYCLABLES
Additional recyclable materials may be designated as recyclables by resolution of the City Council after the effective date of this ordinance. The designation process will be as follows:
Subd. A. The Recycling Hauler shall be given ninety (90) days notice of the proposed additions to the list of targeted recyclables. The notice shall specifically describe the designated materials proposed for addition, and describe how the addition might affect the duties and obligations of the licensee.
Subd. B. The Recycling Hauler shall also be given written notice of at least ten (10) days in advance of the time and date of the Council meeting that will consider the proposed addition to a list of targeted recyclables.
Subd. C. Notice shall be given by regular U.S. mail to the address provided on the most recent Request for Proposal or Contract filed with the City.
Section 11. SUSPENSION, REVOCATION OF CONTRACT OR IMPOSITION OF FINES
The City Council may suspend or revoke the contract of the Recycling Hauler whose conduct is found to be in violation of this Ordinance, or which poses a threat to the public's health, safety, or welfare. The City Council may impose fines under its Administrative fines and fees ordinance. Such revocation or suspension or imposition of fines may only occur following a public hearing, of which the Recycling Hauler has received prior notice. Sufficient notice to the Recycling Hauler shall be a written statement of the date, time, location, and purpose of the hearing, deposited, postage paid, with the U.S. Postal Service, at least ten days prior to the hearing, and addressed to the Recycling Hauler's business address, as listed on the Recycling Hauler's most recent contract, or written notice to the City of address change.
Section 12. STORAGE AND PLACEMENT FOR COLLECTION
Subd. A. Platted residential areas of the City shall have targeted recyclables placed at curbside on the day of collection. In platted estate and rural areas of the City, containers and bags may be placed at the end of the driveway on collection day. At all other times, the containers shall be so located, in so far as possible, out of public view in a secure place.
Subd. B. Beginning on January 1, 2004, any targeted recyclable container exceeding ninety (90) gallons in size, and located on a commercial establishment used for purposes other than single family residential, shall be contained within a building or within a secure area which has an impermeable floor surface, and is enclosed and screened within a 90% or greater opaque wooden or metal fence or masonry wall not less than six (6) feet in height having a gate or doorway which remains closed except for access purposes. All enclosures must be large enough to allow for storage of recyclable material containers.
Subd. C. All containers for recyclables shall be made of suitable material, which is rodent and water proof and which will not easily corrode. Containers shall be kept tightly closed. Recyclables including targeted recyclables may be kept in a plastic bag of such strength that the contents therein will not rip, tear, or puncture the plastic bag.
Section 13. SEVERABILITY
In the event that a court of competent jurisdiction adjudges any part of this ordinance to be invalid, such judgement shall not affect any other provisions of this ordinance not specifically included within the judgement.
Section 14. PENALTY
Any person convicted of violating this ordinance shall be guilty of a misdemeanor, and shall be subject to a fine, imprisonment, or both, as specified by State Statute, including recovery of expenses incurred in prosecution. Such penalty may be imposed in addition to suspension or revocation of the contract or imposition of fines under the administrative fine ordinance of the City.
Section 15. EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its passage and publication.
Upon roll call, voting AYE: Council members Gangnon, Schwarze, Kraemer and Vanwol and Mayor Carr.
Voting NAY: None.
Whereupon said Ordinance was declared passed and adopted this ____ day
of November, 2003.
________________________
Thomas Carr, Mayor
ATTEST:
Barbara Bartholdi, City Clerk
Published in the White Bear Press on the ______ day of December, 2003.
Published in the Stillwater Gazette on the ______ day of December, 2003.