Loading...
HomeMy WebLinkAbout0492ORDINANCE NO. 492 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 3, CHAPTER 8 OF THE LAKEVILLE CITY CODE CONCERNING MIXED MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIALS COLLECTORS THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Title 3, Chapter 8 of the Lakeville City Code is amended in its entirety to read: CHAPTER S. MIXED MUNICIPAL SOLID WASTE AND RECYCLABLES COLLECTORS SECTION: 3-8-1: Definitions 3-8-2: Collection License Required 3-8-3: Application and Fee 3-8-4: Liability Insurance Required 3-8-5: Collection Regulations 3-8-6: Limitation on Number of Licenses 3-8-7: Penalty 3-8-1: DEFINITIONS. As used in this Chapter, the following terms and phrases have the following meanings: COLLECTION: The aggregation of mixed municipal solid waste from the place at which it is generated and includes all activities up to the time the waste is delivered to a waste facility. CONSTRUCTION DEBRIS: Waste building materials, packaging, and rubble resulting from construc- tion, remodeling, repair, and demolition of buildings and roads. GARBAGE: Waste foodstuffs or table wastes of vegetable or animal origin, together with other incidental admixtures. Dead animals weighing ten (10) pounds or less shall be classified as garbage. 2514 r02/12/93 i� INDUSTRIAL WASTE: The following waste from an industrial or manufacturing business that is managed as a separate waste stream; ash, sand, wood waste, contaminated soil, organic resin, and food waste from manufacturing; paper waste from manufacturing; empty containers, printed circuit boards, ink, and sludge. MIXED MUNICIPAL SOLID Garbage, refuse, and other solid WASTE: 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 waste, sludges, tree and agricultural wastes, tires, lead acid batteries, used oil, and other materials collected, processed, and disposed of as separate waste streams. MULTIPLE (APARTMENT) A building designed with three ( 3 ) or DWELLING: more dwelling units exclusively for occupancy by three (3) or more families living independently of each other, but sharing hallways and main entrances and exits. RECYCLABLE MATERIAL: Materials that can be readily separated from mixed municipal solid waste for the purpose of recycling, including but not limited to paper, glass, plastics, metals, automobile oil and batteries. Recyclable materials that have been separated from the waste stream, processed, and sold or given away for reuse are no longer considered waste. REFUSE: Solid wastes such as nonrecyclable glass, crockery, cans, paper, boxes, rags, but excluding ashes, sand, earth, brick, stone, concrete, trees, tree branches, and wood. TARGETED RECYCLABLE MATERIAL: 2514 Aluminum and steel beverage con- tainers, tin cans, glass, newsprint, plastic containers with a neck, corrugated cardboard, and magazines, or other materials that may be designated by resolution of the City Council. 2 r02/12/93 YARD WASTE: organic materials consisting of grass clippings, leaves, and other forms of organic garden waste, prunings, tree waste, and fresh -cut Christmas trees and boughs, but excluding garden vegetables and materials that are not readily compostible within a calendar year. 3-8-2: COLLECTION LICENSE REQUIRED. A. License Requirement. It shall be unlawful for any person to engage in the business of collecting mixed municipal solid waste or recyclable material without having first secured from the City Council a license to do so. B. Term of License. No license issued hereunder shall be for a period longer than one year, and all licenses shall expire on December 31 of each year. C. A license under this Chapter is not required for the following: 1. Collecting industrial waste; 2. Collecting food waste to feed to farm animals. 3. Non-profit organizations collecting recyclable materials. 4. Collecting household appliances. 3-8-3: APPLICATION AND FEE. A. Application for License. Any person desiring a license to collect mixed municipal solid waste and/or recyclable material shall make application for the same to the Clerk upon a form prescribed by the City Council. The application shall set forth: 2514 1. The name and address of the applicant. 2. A list of the equipment which is proposed to be used in such collection. 3. The place or places to which the mixed municipal solid waste or recyclable material is to be hauled. 4. The manner in which the mixed municipal solid waste or recyclable material is to be disposed of. 5. The portion of the City in which collections are to be made and the number of households which are served. 3 r02/12/93 6. Fee which they require for collections and conditions attached to such collection. 7. List of recyclables collected at curbside and the method of preparation which is performed. 8. Certificate of insurance (refer to Section 3-8-4). B. Investigation. The application shall be submitted to the City Clerk for investigation and report. If the City Clerk finds that the applicant is responsible and has proper equipment for such collection and that no nuisance is liable to be created by the granting of the license, the City Clerk shall endorse approval upon the application. C . License Fees. Before any license may be issued, the applicant shall pay to the Clerk a license fee in an amount established by resolution of the City Council, which fee shall accompany the application. 3-8-4: LIABILITY INSURANCE REQUIRED. An applicant must obtain all of the insurance required by this Section. All costs and expenses are the responsibility of the applicant. All insurance coverage is subject to approval by the City and shall be maintained by the licensee during the term of the license. No work under this license shall be commenced until the requirements of this Section have been satisfied. A. The licensee shall obtain and maintain statutory worker's compensation insurance as required under the laws of the State of Minnesota. In the event licensee is a sole proprietor and has not elected to provide worker's compensation insurance, licensee shall be required to execute and submit an affidavit of sole proprie- torship in a form satisfactory to the City. B. Licensee shall obtain and maintain the following minimum coverage for comprehensive general liability (including premises -operations; independent contractors' protective; products and completed operations; broad form property damage) : Bodily Injury: $500,000.00 per occurrence $500,000.00 products/completed operations Property Damage: $500,000.00 per occurrence C. Licensee shall obtain and maintain the following minimum insurance coverage for personal injury liability (with employment-related exclusion deleted): Limit: $500,000.00 per occurrence 2514 4 r02/12/93 D. Licensee shall obtain and maintain the following minimum insurance coverage for comprehensive automobile liability (owned, nonowned, hired): Bodily Injury: $500,000.00 per person $500,000.00 per occurrence Property Damage: $500,000.00 per occurrence E. Insurance certificates evidencing that the insurance required by this Section is in force with companies acceptable and licensed by the State of Minnesota, and in amounts required, shall be submitted for examination and approval prior to the execution of the license. Thereafter, the certificates shall be filed with the City. The insurance certificates shall specifically provide that a certificate shall not be modified, cancelled, or nonrenewed, except upon thirty (30) days prior written notice to the City. Neither the City's failure to require or insist upon certificates, or other evidence tending to show a variance from the coverages specified in this Section shall change a licensee's responsibility to comply with these insurance requirements. 3-8-5: COLLECTION REGULATIONS. A licensed mixed municipal solid waste collector shall comply with the following collection regulations. Failure to observe these provisions may be a basis for suspension or revocation of a license. A. Collecting Mixed Municipal Solid Waste Required. It shall be the duty of each licensed mixed municipal solid waste collector to haul away once each week to such places as designated in their license application all mixed municipal solid waste from premises located within the area in which they are authorized to collect mixed municipal solid waste. B. Collection Truck. Each licensed mixed municipal solid waste or recyclable material collector shall provide a covered tank or wagon, so constructed that the contents will not leak or spill therefrom, in which all mixed municipal solid waste or recyclable material collected by them shall be conveyed to the place designated in their application. The wagon or conveyance used shall be kept clean and as free from offensive odors as possible, and shall not be allowed to stand in any street, alley, or public place longer than is reasonably necessary to collect mixed municipal solid waste or recyclable material. C. Collection Hours. No collections of mixed municipal solid waste or recyclable material shall be made except between the hours of seven o'clock (7:00) a.m. and six o'clock (6:00) p.m., Monday through Friday. 2514 5 r02/12/93 D. Refusal to Collect. The collector may refuse to make collections from any premises when the fees are not paid within one month from the date such mixed municipal solid waste or recyclable material is collected. The collector shall notify the City Clerk of the discontinuance of service to any premises within two (2) days after service is discontinued. E. Collecting Recyclable Material Required. It shall be the duty of each licensed mixed municipal solid waste collector to haul away, on the same day as mixed municipal solid waste service, to such places as designated in their license application the targeted recyclable materials from residences with individual curbside mixed municipal solid waste containers within the area in which they are authorized to collect mixed municipal solid waste or recyclable material. Each licensed mixed municipal solid waste or recyclable material collector shall do the same from residences who occupy multiple (apartment) dwellings. Nothing herein shall be construed to prevent a collector from offering residences recyclable collection of other recyclable materials. F. Recyclable Material Report. It shall be the duty of each licensed mixed municipal solid waste or recyclable material collector and nonprofit organization collecting recyclable material to provide the City with a quarterly report on quantity and type of all material recycled within the City. A legible copy of the weight slips obtained from each recyclable material purchaser shall accompany each quarterly report as documentation that the material was recycled. Failure to certify accurate volumes may be cause for revocation of license. G. It shall be unlawful for any person engaged in the business of collecting recyclable material to landfill or incinerate collected recyclable material without approval from the City. H. Yard Waste. Each licensed mixed municipal solid waste or recyclable material collector shall refuse to knowingly accept for collection any mixed municipal solid waste which contains yard waste except for the purposes of directly delivering such waste to a facility which has been approved by the City for composting or co -composting, as applicable. I. The licensee shall operate in a manner consistent with its application materials and shall provide notice to the City within ten (10) days of any changes in information, forms, or certificates filed as a part of the license application process, except for the thirty (30) day notice required by subsection 3-8-4E. J. Residential mixed municipal solid waste and recyclable material collector rates shall include a minimum of three (3) levels of regular service, priced on the basis of volume with a rate structure designed to encourage reduction, re -usage, and recycling. The rate structure shall increase with the 2514 6 r02/12/93 volume of the waste collected. Residential mixed municipal solid waste and recyclable material collectors are prohibited from imposing a greater charge of residents who recycle than on residents who do not recycle. 3-8-6: LIMITATION ON NUMBER OF LICENSES. A. Purpose. A limitation on the number of mixed municipal solid waste or recyclable material collectors in the City is necessary for the following reasons: proper inspection and control is more difficult as the number of haulers increases, more trucks use more fuel, more trucks create more pollution, more trucks create more noise, more haulers create an increased risk to public safety, more haulers will decrease efficiency and increase rates and energy costs. B. No more than nine (9) licenses to engage in the business of collecting mixed municipal solid waste or recyclable material may be in force at any one time. The licenses shall be allocated first to persons who were licensed in the City on December 19, 1988. 3-8-7: PENALTY. Any person convicted of violating this Chapter shall be guilty of a misdemeanor and shall be subject to a fine or imprisonment, or both as specified by state statute. Section 2. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this 15th day of March Council of the City of Lakeville. CIT IC ITTEST Charlene Friedges, ChiYy Clerk 19931 by the City Y OF KEVILLE Duane R. Zaun, V -or 2514 7 r02/12/93 PUBLIC NOTICE ORDINANCE NO. 492 CITY OF, I DAKOTA COUNTY, MINNESOTA M Rcf45EAT1ON AN ORDINANCE AMENDING TITLE 3, CHAPTER 8 OF THE LAK EVILT E CITY CODE CONCERNING MDCED MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIALS eludes bus and admission. This trip COI1,ECT0RS will take place the evening of April 1, THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: and is for all a e S (11 and undCr must &cc-tiQn L Title 3, Chapter 8 of the be accompanied by an adult). Lakeville City Code is amended in its en- For infolnlation and bus times, call tirety to read: Lakeville Parks and Rec 469-A431 CHAPTER & I1'IIXED MUNICIPAL SOLID WAS AND RECYCLABLEs�AILECTORS SECTION: 3-8-1: Definitions 3-8-2: Collection License Required 3-8-3: Application and Fee 3-8-4: Liability Insurance Required 3-8-5: Collection Regulations 3-8-6: Limitation on Dumber of Li- censes 3-8-7: Penalty 3.8-1: DEFINITIONS. As used in this Chapter, the following terms and phrases have the following meanings: COLLECTION: The aggregation of QUIRED. A. License Requirement. It shall he unlawful for any person to engage in the business of collecting mixed municipal solid waste or recyclable material without having first secured from the City Council a license to do so. B. Term of License. No license issued hereunder shall be for a period longer than one year, and all licenses shall expire on December 31 of each year. C. A license under this Chapter is not required for the following: 1. Collecting industrial waste; 2. Collecting food waste to feed to farm animals. 3. Non-profit organizations collect- ing recyclablematerials. 4. Collecting household appliances, 3-8-3: APPLICATION AND FEE. A. Application for License, Any person desiring a license to collect mixed munici- pal solid waste and/or recyclable material shall make application for the same to the Clerk upon a form prescribed by the City Council. The application shall set forth: 1. The name and address of the applicant. 2. A list of the equipment which is proposed to be used in such collection. 3. The place or places to which the mixed municipal solid waste or recy- clable material is to be hauled. 4. The manner in which the mixed municipal solid waste or recyclable one �rs PAR KS & R EC f STANDIN" jy� f y Team Wins losses BEGINNER CO-REC VOLLEYBALL T`-.: Buck Hili Gang 33 15 Roiling Oak Netters 32 16 r..., which they are authorized to collect mixed municipal solid waste. B. Collection Truck. Each licensed mixed municipal solid waste or recyclable material collector shall provide a covered tank or wagon, so constructed that the contents will not leak or spill therefrom, in which all mixed municipal solid waste or recyclable material collected by them shall be conveyed to the place designated in their application. The wagon or conveyance used shall be kept clean and as free from offensive odors as possible, and shall not be allowed to stand in any street, alley, or public place longer than is reasonably nec- essary to collect mixed municipal solid waste or recyclable material. C. Collection Hours. No collections of mixed municipal solid waste or recyclable material shall be made except between the hours of seven o'clock (7:00) a.m, and six o'clock (6:00) p.m., Monday through Fri- day. D. Refusal to Collect. The collector may refuse to make collections from any premises when the fees are not paid within one month from the date such mixed mu- nicipal solid waste or recyclable material is collected. The collector shall notify the City Clerk of the discontinuance of service to any premises within two (2) days after service is discontinued. E. Collecting Recyclable Material Re- quired. It shall be the duty of each licensed mixed municipal solid waste collector to RATE IN ORMATION (1) Lowest classified rate paid by commercial users for comparable space: $6.65 per column inch. (2) Maximum rage allowed by law for the above matter: $6.65 per column inch. (3) Rate actually charged for the above matter: $5.64 per column inch. AFFIDAVIT OF PUBLICATION Richard M. Sherman , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as Lakeville Life & Times, and has full know- ledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting quali- fications as a qualified newspaper, as pro- vided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed City of Lakeville Ord. 492 which is attached was cut from the col- umns of said newspaper, and was printed and published once on Monday, the 22nd day of March , 1993; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: a bcd a fghi j kl mn opgrs tuvwxyz BY: --- TITLE: Publisher Subscribed and sworn to before me on this 23rd day of March 1 1993. 1 1 - A 4-2, e r - otary Public s BARBARA J. GRQSBERG NOTARY PUBLIC - MINNESOTA SCOTT COUNTY fav ccrtrri&s;on o:+plres 1 1 97 1