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HomeMy WebLinkAboutItem 8City of Lakeville Administration Memorandum To: Lakeville City Council From: Allyn, Kuennen, Assistant City Administrator Mac Cafferty, Environmental Resources Manager Copy: Justin Miller, City Administrator Zach Johnson, City Engineer Date: October 22, 2020 Subject: Dakota County Recycling Ordinance 110 Background: Dakota County is required by the Minnesota Pollution Control Agency to reach a 75 percent recycling goal by 2030. In order to meet this requirement, the County’s Solid Waste Master Plan (2018-2030) and Ordinance 110 was revised to instruct cities on what must be implemented in order to meet the 75 percent recycle rate. Cities within Dakota County are required to incorporate these revisions into their local regulations by January 1, 2021. Some of the requirements within Ordinance 110 includes: • All garbage containers on City property (buildings, parks, and other public spaces) must be paired with a labeled and color-coded recycling container • Ensuring all recycling-related education provided by the City conforms to Dakota County’s designated list of recyclables and non-accepted items • Ensuring all commercial generators recycle on-site, and that multifamily properties provide their residents the opportunity to recycle • Revising waste hauler ordinance to allow for weekly residential recycling pickup • All events on City property must provide recycling requirements • By 2024, the City must provide for back-of-house organics collection for food waste with proper best management practices • The enforcement of the requirements for haulers, residents, and businesses falls primarily on City staff Attached is a letter to the Mayor and a document from Dakota County regarding the “New Solid Waste Management Requirements for Municipalities”. This document outlines the requirements in greater detail and provides guidance to local municipalities for adopting and implementing the ordinance. 2 The City Attorney has also reviewed Dakota County’s Ordinance 110 for incorporation into the City’s code and recommends the ordinance be adopted by refence rather than by incorporating the specific language. Adoption by reference would avoid extensive changes throughout the City’s code and would avoid the need to make addition revisions in the future if the County decides to make further revisions to the ordinance. Attached is a memo from the City Attorney outlining the locations where the Dakota County Ordinance 110 would need to be included by reference. Staff Recommendation: Staff recommends moving forward with adopting the Dakota County Ordinance 110 by reference as recommended by the City Attorney. Attachments: • Letter to the Mayor • New Solid Waste Management Requirements for Municipalities • City Attorney Memo January 2020 1 New Solid Waste Management Requirements for Municipalities In November 2019, the Dakota County Board of Commissioners adopted a revised Ordinance 110, Solid Waste Management (www.dakotacounty.us, search Ordinance 110) to implement strategies in the 2018- 2030 Solid Waste Master Plan to reduce waste going to landfills, improve the quality of materials recycled, and make progress toward the state's goal to recycle 75 percent of waste by 2030. Below is a summary of the new requirements that impact municipalities: 1. Recycling Requirements for All Commercial Entities, Including Municipalities Municipalities must recycle a designated list of recyclables (Attachment A) at all city/township buildings and grounds (e.g., municipal parks, golf courses and youth sporting tournaments, festivals, and events on municipal grounds) and follow best waste management practices, including: • All recycling and trash containers are properly labeled. Labels must be consistent with County waste abatement messaging guidelines and: • Indicate the material type collected, and use the term “Trash”, “Recycle” or “Recycling”, “Organics” (if collected). Other waste types must be labeled with the materials accepted. • Show images of materials accepted in recycling and organics (if collected) containers. • Be color-coded (blue for recycling, gray or black for trash, green for organics). • Be visible and legible to users. • Include preparation requirements, where applicable. • The collection schedule and container capacities are sufficient to collect all the recyclables from the building spaces and to prevent overflowing containers. • Co-locate recycling containers within 10 feet of trash containers. • Ensure recyclables and organics are separated and delivered to a recycling or organics facility. • Provide standardized waste abatement messages in print or electronic form to each employee and housekeeping and custodial contractor within 30 days of hire, and annually thereafter1. • Annually report to the County to demonstrate program effectiveness on County forms2. • Do not put any of the items on the designated list of contaminants (Attachment A) in the recycling container. When do municipalities need to comply? By July 1, 2020 1 The County is developing a repository of waste abatement messages that includes recycling educational information and images that can be downloaded for use at no cost. Messages will be available in Q1 2020. 2 County staff is currently working with stakeholders on all components of implementation, including to develop County forms for annual reporting. Businesses/organizations/municipalities will not have to report until forms are provided by County staff. January 2020 2 See Ordinance 110, Sections: 3.01 Generator Requirements, 16.02 Commercial Generators; 16.05 Trash, Recycling and Organics Requirements; and 16.06 Labeling (pages 12, 111-113) for the full list of requirements. 2. Requirements for a Solid Waste Abatement Program The ordinance already included requirements for municipalities to implement a solid waste abatement program that is consistent with the County’s Master Plan and to annually report results to the County. Additional requirements include: a. Deliver County-developed standardized solid waste abatement messaging1. b. Ensure all residents, including multifamily residents, and commercial generators have the opportunity to recycle. c. Support implementation of the County’s Master Plan. When do municipalities need to comply? By January 1, 20201 See Ordinance 110, Section 16.01 Municipal Solid Waste Abatement Program, A and C - E. (page 111) for a full list of the requirements. 3. Additional Requirements for Municipalities With Populations Over 10,000: a. Update, as necessary, and enact a municipal code that is consistent with and no less restrictive than the amended Ordinance 110. City code cannot contradict Ordinance 110 and must allow the County to enforce requirements (i.e., weekly residential recycling, generator recycling, large commercial generator organics collection, hauler messaging/container labeling). b. Incorporate requirements in city code for property owners and managers of multi-unit residential buildings who manage municipal solid waste through a common contract to provide recycling and apply best waste management practices, including: • Provide recycling service to all residents/tenants. • Collect the designated list of recyclables. • Provide properly-labeled containers that are consistent with County waste abatement messaging and: o Indicate the material type collected, and use the term “Trash”, “Recycle” or “Recycling”, and “Organics (if collected). Other waste types must be labeled with the materials accepted. o Show images of materials accepted in recycling and organics (if collected) containers. o Be color-coded (blue for recycling, green for organics, gray or black for trash). o Be visible and legible to users. o Include preparation requirements, where applicable. • The collection schedule and container capacities are sufficient to collect all the recyclables and organics (if collected) from the building spaces and to prevent overflowing containers. • Co-locate recycling containers within 10 feet of trash containers. January 2020 3 • Provide recycling containers with a weekly service capacity of at least 0.1 cubic yards per dwelling unit. • Ensure recyclables collected are delivered to a recycling facility and organics (if collected) are delivered to an organics facility. • Provide standardized waste abatement messages to tenants, employees, housekeeping, and custodial contractors within 30 days of hire or a new tenant, and annually thereafter1. c. Incorporate requirements in city code for event sponsors, owners and operators of events and event venues to recycle the designated list of recyclables and follow best waste management practices and large event venues with organics3 to collect a designated list of organics (Attachment B) in back-of- house4 areas and follow best waste management practices, including: • Provide properly labeled containers that are consistent with County waste abatement messaging guidelines and: o Indicate the material type collected, and use the term “Trash”, “Recycle” or “Recycling”, and “Organics” (if collected). Other waste types must be labeled with the materials accepted. o Show images of materials accepted in recycling containers. o Be color-coded (blue for recycling, green for organics, gray or black for trash). o Be visible and legible to users. o Include preparation requirement, where applicable. • The collection schedule and container capacity are sufficient to collect all the recyclables and organics (if collected) from the building spaces and to prevent overflowing containers. • Co-locate recycling containers within 10 feet of trash containers. • Ensure recyclables collected are delivered to a recycling facility and organics (if collected) are delivered to an appropriate food recovery/organics facility. • Provide standardized waste abatement messages to event volunteers and employees, housekeeping, and custodial contractors within 30 days of hire, and annually thereafter1. When do municipalities need to comply? City code updates required by January 1, 2021. City enforcement of code requirements must be consistent with or no less restrictive than effective dates in Ordinance 110. See Ordinance 110, Sections: 3.01 Generator Requirements, 16.01 Municipality Solid Waste Abatement Program, 16.03 Multi-Unit Residential Buildings, 16.04 Organics, 16.05 Trash, Recycling and Organics Requirements and Section 16.06 Labeling (pages 12, 111 - 113) for the full list of requirements. 3 Large event venues with organics are defined as a gathering of at least 300 people (e.g., concerts, fairs, festivals, community events, athletic tournaments) that generates at least one ton (eight cubic yards) of trash per location and that generates back-of-house- organics. 4 Back-of-house means pre-consumer food waste from the kitchen, food preparation, dishwashing, and storage areas that are not accessed by customers or the public. It does not include food waste generated from food that has been served to customers or the public. January 2020 4 4. Additional Requirements That May Impact Municipalities (e.g., policies, operations): A. Events (including on city property): Property owners, managers, and event sponsors: • By July 1, 2020: Collect/recycle a designated list of recyclables using best waste management practices (properly label containers, co-locate containers, educate vendors/volunteers, report) and keep the list of contaminants out of the recycling. • By January 1, 2024: Collect a designated list of organics using best waste management practices in back-of-house areas at large events with organics. See Ordinance 110, Sections: 3.01 Generator Requirements, 16.02 Commercial Generator; 16.04 Organics; 16.05 Trash, Recycling and Organics Requirements; and 16.06 Labeling (pages 12, 111 - 113) for the full list of requirements. B. Haulers: • By January 1, 2020: • Properly label (color-coded, clear terminology, images) new carts and dumpsters with labels that are consistent with County waste abatement messaging (color- coded, standardized terminology, images) 1. • Clearly label the capacity of each cart or dumpster. • Standardize invoices. • Collect the designated list of recyclables from customers. • Deliver County-developed standardized solid waste abatement messaging1. • By January 1, 2022: • Properly label carts and dumpsters purchased before 2020 with labels that are consistent with County waste abatement messaging (color-coded, standardized terminology, images) 1. • Achieve a 40% residential recycling rate or offer weekly recycling service to all residential customers. See Ordinance 110, Sections: 15.02 Equipment and Operations Requirements, C. Labeling; 15.08 Additional Requirements for Hauler Licensed Under the Regional Hauler Licensing Program, K. Hauler Shall Offer Recycling Services, M. Invoices, and N. Customer Education; and 16.06 Labeling (pages 103, 106-108, 113) for the full list of requirements. C. Transfer Stations: • By January 1, 2020: Reduced regulation for collection and transfer of small amounts of recyclable materials (e.g., organics, yard waste, mattresses, etc.) and other wastes. See Ordinance 110, Section: 11.03, Reduced Regulation Collection and Transfer Stations (pages 88- 89) for the full list of requirements. January 2020 5 D. Residents: • By January 1, 2021: Recycle the designated list of recyclables and keep the list of contaminants out of the recycling. See Ordinance 110, Section 3.01 Generator Requirements, A.6 and B.4 (page 12) for the requirement. E. Large Commercial Organics Generators: Owners and managers collect a designated list of organics (food waste) from back-of-house areas using best waste management practices (label containers, co- locate containers, educate employees): • By January 1, 2022: Food wholesalers, distributors, and manufacturers; grocery stores. • By January 1, 2023: Hospitals; schools, colleges and universities with dining services. • By January 1, 2024: Other large commercial organics generators, including (on city property) golf clubs and country clubs, food shelves and food banks, public/rentable commissaries and at large event venues with organics. See Ordinance 110, Sections: 3.01 Generator Requirements; 16.04 Organics; 16.05 Trash, Recycling and Organics Requirements; and 16.06 Labeling (pages 12, 112-113) for the full list of requirements. Become Engaged The new requirements may have just passed in November 2019, but County staff are actively engaging representatives on implementation approaches. If you would like more information about the new requirements or wish to provide feedback on implementation, contact: • Dave Magnuson, Waste Regulation Unit Supervisor • dave.magnuson@co.dakota.mn.us • 952-891-7551 1 212273v3 MEMORANDUM To: Allyn Kuennen From: City Attorney’s Office Re: Solid Waste Conformity with Ord 110 Date: October 21, 2020 LIST OF MODIFICATIONS TO CITY CODE General Provision All sites and facilities shall operate in full compliance with their issued licenses and in conformance with applicable laws and regulations. Dakota County Ordinance 110, Solid Waste Management, is hereby adopted by reference, and its provisions shall be considered as much a part of this ordinance as if it had been set out in full herein, with the City and its staff having the same authority and responsibilities as the County and its staff. This General Provision should be added to Sections 4-2 and 3-8 of the City Code. Changes to Title 4 Chapter 2 Events The Ordinance 110 requires municipalities to explicitly require event sponsors and owners and operators of large event venues with organics to comply with section 16.05 of Ordinance 110. Large event venues with organics are defined as a gathering or at least 300 people that generates at least one ton (eight cubic yards) of trash per location and that generates back-of-house organics. All event sponsors, owners, and operators of large event venues must:  Offer recycling for designated items.  Offer organics collection.  Provide a collection schedule.  Co-locate all recycling containers within 10 feet from a trash collection containers.  Ensure all receptacles are labelled as required in section 16.06: o Visible sign that is consistent with the county must include: “Trash” “Recycle” and “Organics” o Offer images of acceptable materials. o Color code the containers. Blue for recycling, green for organics, and gray/black for trash. o The labelling must be visible and legible, and must be replace if faded or damaged. o Preparation instructions, if applicable. o January 1, 2022 is when these sign aesthetics go into effect.  Provide solid waste abatement messaging in print or electronic form to everyone employee, volunteer, tenant, and housekeeping and custodial contractors. Messaging must be documented and follow Dakota County Website publications. Such messaging must occur: o at least annually. o within 30 days of a substantive change to the generator’s waste program. o within 30 days of a new hire or tenant. 2 212273v3 These changes would fit best into City Code Section 4-2-8 as a new section and move Penalty to 4-2-9. Best Practices for Multi-family Buildings Ordinance 110 requires cities with populations over 10,000 to add additional requirements for property owners and managers of multi-unit residential buildings to also provide recycling with best waste management practices. • Collect the designated list of recyclables. • Ensure recycling service is provided to all residents. • Provide recycling containers with a weekly service capacity of at least 0.1 cubic yards per dwelling unit. • Ensure that the collection schedule and container capacity are sufficient to contain all the recyclables collected and organics (if collected) from the building and public spaces and to prevent overflowing containers. • Provide properly-labelled containers that are consistent with County waste abatement messaging and: o Visible sign that is consistent with the county must include: “Trash” “Recycle” or “Organics.” o Offer images of acceptable materials. o Color code the containers. Blue for recycling, green for organics, and gray/black for trash. o The labelling must be visible and legible, and must be replace if faded or damaged. o Preparation instructions, if applicable. • Ensure recyclables collected are delivered to a recycling facility and organics (if collected) are delivered to an organics facility. • Provide standardized waste abatement messages to tenants, employees, housekeeping, and custodial contractors within 30 days of hire or a new tenant, and annually thereafter. These changes would replace City Code Section 4-2-4: “Multiple (Apartment) Dwelling.” Definitions Generally The following definition modifications should be added to the City Code Section 4-2-1.  “Recyclable Material” add to the end “Refuse derived from fuel or other material that is destroyed by incineration is not a recyclable material.”  Change “Targeted Recyclable Material” to include “or by Dakota County” at the end.  Change “Refuse” definition to “means something rejected or discarded as worthless or useless.”  Define “Organics” as “food waste and the designated list of organics published on the Dakota County Website.”  Define Garbage as “discarded material resulting from the handling, processing, storage, preparation, serving and consumption of food.” 3 212273v3 Changes to Title 3 Chapter 8 The Yard Waste section is the only addition below that is currently less restrictive than Ordinance 110. The other additions are sections that the City Code is silent on, but in the interest of consistency can be updated. Yard Waste Ordinance 110 Section 15.02(J) provides “Solid waste haulers shall only accept for collection, yard waste that is generated and placed for collection in Dakota County: (1) that has been placed in paper bags or other containers that meet all the specifications in American Society for Testing and Materials (ASTM) Standard Specific for Compostable Bags (D6400) or (2) that is in a container that is not collected with the yard waste; or (3) that is not containerized.” Change in City Code replace 3-8-6(H) Collection Regulations- Yard Waste. Prohibited Wastes Ordinance 110 Section 15.02(K)- Prohibited Wastes. “Solid waste haulers shall not accept for collection in Dakota County any mixed municipal solid waste that contains yard waste, Christmas trees, dry cell batteries (as prohibited by Minn. Stat. §115A.9155), wastes containing mercury (as prohibited by Minn. Stat. §115A.932), motor vehicle fluids and filters (as prohibited in Minn. Stat. §115A.916), cathode ray tubes or any additional materials prohibited under Section 3.01 A and B.” Change in City Code, add to 3-8-6 Collection Regulations. Remove reference to Section 3.01A. Reporting Ordinance 110 Section 15.05 Trash, Recyclables, And Organics Materials Reporting. “A licensed hauler who collects or transports municipal solid waste, recyclables, or organics in Dakota County must report to the Department information relating to the collection, processing, and disposition of recyclable materials, organics, and solid wastes. The information shall be reported to the department on at least a quarterly basis (no later than 30 days after the end of each quarter) on the form developed under MN 115A.93 sub 1, c.” Change in City Code, replace 3-8-6(F), Collection Regulations-Recycling Reporting. Mixing Waste and Recycling Ordinance 110 Section 15.07 Mixing Of Mixed Municipal Solid Waste And Source. “Separated Material Prohibited. Solid waste haulers shall not mix source-separated materials with mixed municipal solid waste or handle source separated materials in any way that reduces the reusability or marketability of the source-separated material. All source-separated materials must be delivered to a facility licensed or permitted to accept the material. Co-collection of durable compostable bags with mixed municipal solid waste is allowed as long as the durable compostable bags are separated for composting or anaerobic digestion.” Change in City Code, add to 3-8-6 Collection Regulations.