HomeMy WebLinkAbout0488 ORDINANCE NO. 488
.CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING ORDINANCE NO. 157,
THE CITY~B SONING ORDINANCE, CONCERNING
THE ACCUMIILATION, STORAGE, PROCESSING
AND DISPOSAL OF WASTE
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
Section 1. Section 2.2 of Ordinance No. 167 is amended by
adding the following definitions:
Hazardous Waste. Any refuse, sludge, or other waste material
or combination of refuse, sludge, or other waste materials in
solid, semisolid, liquid, or contained gaseous form which
.because of its quantity, concentration, or chemical, physical,
or infectious characteristics may: (a) cause or significantly
contribute to an increase in mortality or an increase in
serious or irreversible, or incapacitating reversible illness;
or (b) pose a substantial present or potential hazard to human
health or the environment when improperly treated, stored, or
transported, or disposed of, or otherwise managed. Categories
of hazardous. waste materials include, but are not limited to:
explosives, flammables, oxidizers, poisons, irritants, and
corrosives. Hazardous waste does hot include source, special
nuclear, or by-product material as defined by the Atomic
Energy. Act of .1954, as amended.
Infectious Waste. Laboratory waste, blood, regulated body
fluids, sharps,. and research animal waste that have not been.
decontaminated.
Mixed Municipal Solid Waste. Garbage, 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 waste, sludges, tree and
agricultural wastes, tires, lead acid batteries, used oil, and
other materials collected, processed, and disposed of as
separate waste streams.
- Pathological Waste. Human tissue and body parts removed
accidentally or during .surgery or autopsy .intended for
disposal. Pathological. waste does not include teeth.
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
2284 r02/19/93
been separated from the waste stream, processed, and sold. or
given away for reuse are no longer considered waste.
Solid Waste. Garbage,. refuse, sludge from a water supply.
treatment plant or air .containment treatment facility, and
other discarded waste materials and sludges, in solid,
semisolid, liquid, or contained gaseous form, resulting from
industrial; commercial, mining, and agricultural operations,
and from community activities, but. does not include hazardous
waste; animal.. .waste used as fertilizer; earthen fill,
boulders, rock; sewage sludge; solid or dissolved material in
domestic sewage or other common pollutants in water resources,
such as silt, dissolved or suspended solids in industrial
waste water effluents or discharges which are.point sources
subject to permits under Section 402 of the Federal Water
Pollution Control. Act, as amended, dissolved materials in
irrigation return flows; or source, special nuclear, or by-
product material as defined by .the Atomic Energy Act of 1954,
as amended.
Waste. Infectious waste, nuclear waste, pathological waste,
sewage sludge,. solid waste, and hazardous waste.
Waste Facility. Property used for the accumulation, storage,
processing, or disposalof waste.
Section 2. Section 9.14 of Ordinance No. 167 is amended in
itsentirety to read:
Sec. 9.14. ...Junked, .Dismantled Vehicles.
Passenger automobiles, station wagons, trucks, and other
vehicles not currently licensed by the state, or which are because
of mechanical deficiency incapable of movement under their own
power, parked or stored outside for a period in excess of thirty
(30) days are considered junked or dismantled vehicles and shall be
removed and disposed of properly.
Section 3. Section 9.15(6) of Ordinance No. 167 is amended by
adding subparagraph (g} to read:.
(g) The storage does not include any waste, except as
provided in Section 9.17_of this Ordinance.
Section 4. Section 9.17 of Ordinance No. 167 is amended in
its entirety to read:
Sec. 9.17. Haste.
i) All waste generated shall be disposed in a manner
consistent with all Minnesota Pollution Control Agency rules.
2) Any accumulation of waste generated on any premises not
stored-in containers. which comply with Chapter 2, Title 4 of the
Lakeville City Code and Minnesota Pollution.Control Agency rules,.
2284 2 r02/19/93
or any accumulation of mixed municipal solid waste generated on any
premises which has remained thereon for more than one (1) week, or
any accumulation of infectious, nuclear, pathological, or hazardous
waste which is not stared and disposed in a manner consistent with
Minnesota Pollution Control Agency rules is a nuisance and may be
abated and the cost of abatement may be assessed against the
property where the nuisance is found.
3) The accumulation, storage, processing, and disposal of
waste on any premises, which is not generated on that premises is
prohibited, except as specifically provided in this Ordinance.
Section 5. Section 11.14 of Ordinance No. 167 is amended in
its entirety to xead:
Sec. 11.14. Waste and Recycling Receptacles.
In the R-5, R-6, R-7, R-B, B-l, B-2, B-3, B-4, CBD-C, B-W,
CBD-1, I-1, and I-2 zoning districts, all waste and recycling
receptacles shall be stored within the principal structure or
within an accessory enclosure area, totally screened from eye level
view. Screening shall be at least six (6) feet in height and
provide a minimum opacity of eighty percent (80~). All enclosures
and receptacles shall be kept in a good state of repair and waste
receptacles shall include secure lids or covers to properly contain
the waste. All waste and recycling receptacles not contained within
principal structures shall be enclosed in conformance with the
following:
1) Exterior wall treatment shall be similar and/or complement
the principal structure.
2) The enclosure shall be located in the side or rear yard
and comply with setback requirements.
3) The enclosure must be accessible to waste and recycling
collection vehicles.
Section 6. Section 37.4(4) of Ordinance No. 167 is amended by
adding subparagraph (g) to read:
(g) The storage does not include any waste, except as
provided in Section 9.17 of this Ordinance.
Section 7. Section 38A.4(1) of Ordinance No. 167 is amended
by adding subparagraph (c) to read:
(c) The proposed use is not a waste facility.
Section 8. Section 38A.4(2) of Ordinance No. 167 is amended
by adding subparagraph (c) to read:
(c) The proposed use is not a waste facility.
2284 3 r02l19/93
$eation 9. Section 38A.5(7) of Ordinance No. 167 is amended
in its entirety taread:
(7) Waste and Recycling Receptacles. All waste and recycling
receptacles shall be stored within the principal
.structure or within an accessory enclosure area, totally
screened from eye level view. Screening shall be at least
six (6) feet in height and provide a minimum opacity of
eighty percent (80~). All enclosures and receptacles
shall be kept in a good state of repair. and waste
receptacles shall include secure lids or covers to
properly contain the waste. All waste_ and recycling
.receptacles not contained within principal structures
shall be enclosed-in conformance with the following:
(1)_ Exterior wall treatment. shall be similar and/or
complement the principal building.
(2) The enclosure shall be located in the rear or side
yard. and comply with setback requirements.
(3) The enclosure must be accessible to waste and
recycling collection vehicles.
Section. l0. Section 38A.5(10)- of Ordinance No. 167 is amended
by adding. subparagraph (f) to read:
(f) The storage does not include any waste, except as
provided in Section 9.17 of this Ordinance.
Section Z1. Section 40.4(1) of Ordinance No. 167 is amended
by adding subparagraph (g) to read:
(g) The storage does not include any waste, except 'as
provided in Section 9.17 of this Ordinance.
Section 12. Section 42.3(2) of Ordinance No. 167 is amended
in its entirety to read:.
(2) Open and outside storage, subject to the requirements of
Section 9.15(6) of this Ordinance.
Section 13. Section 43.5-of Ordinance No. 167 is amended by
deleting subparagraphs (2) and (3).
Section 14. Section 42.2(4) of Ordinance No. 167 is amended
to read:
The manufacturing, compounding, assembly,
packaging, treatment. or storage of ..products.
and material except waste.
Section 15. This ordinance shall be effective immediately
.upon its passage and publication.
2284 4 r02/19/93
r
ADOPTED this ist day of March , 19 93 , by the. City
Council of the City of Lakeville.
CITY OF LAKEVILLE
BY:
ane R. Zaun, yor
TES
Charlene Fr edges, ity Clerk
2284 5 r02l19/93
PUBLIC NOTICE
ORDINANCE NO. 488
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING
ORDINANCE NO. 167,
THE CITY'S ZONING ORDINANCE,
CONCERNING THE
ACCUMULATION, STORAGE,
PROCESSING AND DISPOSAL
OF WASTE
THE CITY COUNCIL OF THE CITY
OF LAKEVILLE ORDAINS:
Section 1. Section 2.2 of Ordinance No.
167 is amended by adding the following
definitions:
Hazardous Waste Any refuse, sludge,
or other waste material or combination of
refuse, sludge, or other waste materials in
solid, semisolid, liquid, or contained gaseous
form which because of its quantity, concen-
tration, or chemical, physical, or infectious
characteristics may: (a) cause or signifi-
cantly contribute to an increase in mortal-
ity or an increase in serious or irreversible,
or incapacitating reversible illness; or (b)
pose a substantial present or potential haz-
ard to human health or the environment
when improperly treated, stored, or trans-
ported, or disposed of, or otherwise man-
aged. Categories of hazardous waste ma-
terials include, but are not limited to: ex-
plosives, flammables, oxidizers, poisons,
irritants, and corrosives. Hazardous waste
does not include source, special nuclear, or
by-product material as defined by the
Atomic Energy Act of 1954, as amended.
Infectious Waste. Laboratory waste,
167 is amended in its entirety to read:0.J ' V'
Seo. 9.17. Waste,
1) All waste generated shall be disposed
in a manner consistent with all Minnesota
Pollution Control Agency rules.
2) Any accumulation of waste gener-
ated on any premises not stored in contain-
ers which comply with Chapter 2, Title 4 of
the Lakeville City Code and Minnesota
Pollution Control Agency rules, or any ac-
cumulation of mixed municipal solid waste
generated on any premises which has re-
mained thereon for more than one (1)
week, or any accumulation of infectio,
nuclear, pathological, or hazardous wastusean-
which is not stored and disposed in a m
ner consistent with Minnesota Pollution
Control Agency rules is a nuisance and
nay be abated and the cost of abatement
may be assessed against the property
where the nuisance is found.
3) The accumulation, storage, process -
and disposal of waste on ans •1sud aqp ut Bags
g--
which is not enrated on that ey premises is ink 30 �u��CiieT punk alp
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prohibited, except as specifically provided
in this Ordinance.
Section_6. Section 11.14 of Ordinance
No. 167 is amended in its entirety to read:
Sec. 11.14. Waste and Recycling Recepta-
cles
In the R-5, R-6, R-7, R -B, B -I, B-2, B-3,
B-4, CBD -C, B -W, CBD -1, I-1, and I-2
zoning districts, all waste and recycling
receptacles shall be stored within the
principal structure or within an accessory
enclosure area, totally screened from eye
level view. Screening shall be at least six (6)
feet in height and provide a minimum
opacity of eighty percent (80%). All
enclosures and receptacles shall be kept in
a good state of repair and waste receptacles
shall include secure Lids or covers to
properly contain the waste. All waste and
recycling receptacles not contained within
principal structures shall be enclosed in
conformance with the following:
1) Exterior wall treatment shall be
similar and/or complement the principal
structure.
2) The enclosure shall be located in the
side or rear yard and comply with setback
requirements.
3) The enclosure must be accessible to
waste and recycling collection vehicles.
Section 6 . Section 37.4 (4) of Ordinance
No. 167 is amended by adding sub-
paragraph (g) to read:
(g) The storage does not include
any waste, except as provided in Sec-
tion 9.17 of this Ordinance.
Section 7. Section 38A.4 (1) of Ordi-
nance No. 167 is amended by adding sub-
paragraph (c) to read:
(c) The proposed use is not a waste
ATTEST: ivi ay or
Charlene Friedges,
City Clerk
(Published in Lakeville Life & Time.. on Manch 8, 19931
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(3) Rate actually charged for the above
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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. 488
which is attached was cut from the col-
umns of said newspaper, and was printed
and published once on Monday, the
8th 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:
abcdefghijkl mnopgrstuvwxyz
BY: ,Z=4
TITLE: Publisher
Subscribed and sworn to before me on
this 7-2thday of March ,1993.
Notary Public
BARBARA J. GROSBERG
NOTARY PUBLIC - MINNESOTA
SCOTT COUNTY
k v commission expires 1-1 97