HomeMy WebLinkAboutItem 06.o Date: December 7, 2020 Item No.
ORDINANCE AMENDING TITLE 3, CHAPTER 8 AND TITLE 4, CHAPTER 2
OF THE LAKEVILLE CITY CODE REGARDING COLLECTION OF MIXED
MUNICIPAL SOLID WASTE IN ACCORDANCE WITH DAKOTA COUNTY
ORDINANCE NO. 110
Proposed Action
Staff recommends adoption of the following motion: Move to approve an ordinance amending
Title 3, Chapter 8 and Title 4, Chapter 2 of the Lakeville City Code regarding the collection of
mixed municipal solid waste in accordance with Dakota County Ordinance No. 110 and
publication of the summary ordinance.
Overview
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 No. 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. The attached
ordinance incorporates Dakota County’s Ordinance No. 110 into the City’s Code by reference as
required.
Primary Issues to Consider
• The City Attorney has reviewed Dakota County’s Ordinance No. 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 avoids extensive changes
throughout the City’s code and avoids the need to make addition revisions in the future if
Dakota County decides to revise Ordinance No. 110.
Supporting Information
• Ordinance Amendment
Financial Impact: n/a Budgeted: Y☐ N☐ Source:
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: Allyn Kuennen, Assistant City Administrator
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ORDINANCE NO. 1038
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 3, CHAPTER 8 AND TITLE 4, CHAPTER 2
OF THE LAKEVILLE CITY CODE REGARDING COLLECTION OF MIXED
MUNICIPAL SOLID WASTE IN ACCORDANCE WITH DAKOTA COUNTY
ORDINANCE NO. 110
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
SECTION 1. Subsection F of Section 3-8-6 of the Lakeville City Code is amended to read
as follows:
F. Recyclable Material Report: It shall be the duty of each licensed mixed municipal solid waste
or recyclable material collector and nonprofit organization collecting municipal solid waste,
recyclables, or organics in the City to report to the City information relating to the collection,
processing, and disposition of recyclable materials, organics, and solid wastes. The information
shall be reported to the City on at least a quarterly basis on the form developed under Minnesota
Statute §115A.93 subd. 1(d). 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.
SECTION 2. Subsection H of Section 3-8-6 of the Lakeville City Code is amended to
read as follows:
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. The yard waste collection
shall occur on the specific day of the week as identified on the day specific hauling map. Solid
waste collectors shall only accept for collection, yard waste:
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);
2. that is in a container that is not collected with the yard waste; or
3. that is not in a container.
SECTION 3. Subsection L of Section 3-8-6 of the Lakeville City Code is amended to
read as follows:
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L. Collecting On Non-Collection Day Unlawful; Exceptions. It is unlawful for licensed mixed
municipal solid waste or recyclable material collectors to collect any garbage, refuse mixed
municipal solid waste, yard waste or recyclables within any individual (Class A) residential
hauling district on any day other than as permitted for the daily residential hauling district, except
to collect a missed pickup, special pickup or when an observed national holiday falls within that
week. It is unlawful for licensed mixed municipal solid waste or recyclable material collectors to
operate collection trucks on residential streets other than an arterial or collector street within any
district on any day other than as permitted for the daily residential hauling district, except to collect
a missed pickup, special pickup or when an observed national holiday falls within that week.
Customers shall be reasonably notified of the specific day for the collection of their refuse,
recyclables and yard waste during these events.
SECTION 4. Subsection M of Section 3-8-6 of the Lakeville City Code is amended to
read as follows:
M. Prohibited Wastes. Solid waste collectors shall not accept any mixed municipal solid waste
that contains yard waste, Christmas trees, dry cell batteries (as prohibited by Minnesota Statute
§115A.9155), wastes containing mercury (as prohibited by Minnesota Statute §115A.932), motor
vehicle fluids and filters (as prohibited in Minnesota Statute §115A.916), cathode ray tubes.
SECTION 5. Subsection N of Section 3-8-6 of the Lakeville City Code is amended to
read as follows:
N. Separated Material Prohibited. Solid waste collectors 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.
SECTION 6. Section 4-2-1 of the Lakeville City Code is amended to add the following
definitions:
BACK-OF-HOUSE. Means the kitchen, food preparation, dishwashing, and storage areas of a
commercial generator or large event venue with organics that are not accessed by customers or the
public.
ORGANICS: Means food waste and the designated list of organics published on the Dakota
County Website.
TRASH: Has the same meaning as mixed municipal solid waste
SECTION 7. Section 4-2-1 of the Lakeville City Code is amended to revise the following
definitions to read as follows:
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GARBAGE: Waste foodstuffs or table wastes of vegetable or animal origin, together with other
incidental admixtures. Discarded material resulting from the handling, processing, storage,
preparation, serving and consumption of food. Dead animals weighing ten (10) pounds or less shall
be classified as garbage.
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 derived from
fuel or other material that is destroyed by incineration is not a recyclable material.
REFUSE: Solid wastes such as nonrecyclable glass, crockery, cans, paper, boxes, rags, and yard
waste. Means something rejected or discarded as worthless or useless.
TARGETED RECYCLABLE MATERIAL: Aluminum and steel beverage containers, tin cans,
glass, newsprint, plastic containers with a neck, and corrugated cardboard, magazines, or other
materials that may be designated by resolution of the City Council A list of recyclable materials
types approved by the Dakota County Board of Commissioners and published by the Dakota
County Environmental Resources Department on the Dakota County Website that represents the
minimum haulers must accept and generators must recycle
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 compostable within a calendar year.
SECTION 8. Section 4-2-4: Multiple (Apartment) Dwelling Recycling, of the Lakeville
City Code is amended to read as follows:
Occupants of a residential or multiple (apartment) dwelling complex managed by an association
or other management entity shall have the same opportunity to recycle as do occupants of other
residential dwellings. It is unlawful for any residential or multiple dwelling association or
management entity to negotiate, execute or maintain a contract for mixed Municipal solid waste
collection unless it includes, as a part of the contract or as a part of a separate contract, a minimum
of weekly collection of targeted recyclable material. Owners, associations or other management
entities shall provide recycling receptacles in all waste receptacle areas to provide a convenient
recycling collection program. Owners and managers of multiple (apartment) dwelling must:
A. Ensure targeted recyclable materials are collected for recycling.
B. Provide recycling containers with a weekly service capacity of at least 0.1 cubic yards per
dwelling unit.
C. 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.
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D. Ensure all trash collection contains or collection chutes are co-located within 10 feet from
a recycling container or recycling chute. Each container or chute must have equal access.
E. Ensure all trash, recyclables, and organics collection containers are labeled in accordance
with Dakota County Ordinance 110, Solid Waste Management, 16.06 Labeling, as may be
amended.
F. Ensure all trash is delivered to a facility licensed or permitted to accept the waste,
recyclables collected are delivered to a recycling facility and organics (if collected) are
delivered for food recovery or to an organics facility.
G. Provide solid waste abatement messages in print or electronic form to each dwelling
resident, tenant, employee, housekeeping, and custodial contractors. Messaging must be
documented and follow the solid waste abatement messaging published on the Dakota
County Website. Such messaging must occur:
1. at least annually;
2. within 30 days of a substantive change to the generator’s waste program; and
3. within 30 days of a new hire or tenant.
SECTION 9. Title 4, Chapter 2 of the Lakeville City Code is amended to renumber Section
4-2-8 as Section 4-2-9 and add a new Section 4-2-8 to read as follows:
4-2-8: LARGE EVENTS
Large event venues with organics are defined as a gathering of at least 300 people that generates
at least one ton (eight cubic yards) of trash per location and that generates back-of-house organics.
Event sponsors and owners and operators of large event venues with organics must:
A. Ensure the targeted recyclable materials is collected for recycling.
B. Provide a collection schedule and containers adequate to meet the requirements of this
ordinance. Container locations must include but are not limited to: indoor and outdoor
locations, public spaces, private spaces, and communal spaces.
C. Co-locate all recycling containers within 10 feet from a trash collection containers. Each
container must have equal access.
D. Ensure all trash, recyclables, and organics collection containers are labeled in accordance
with Dakota County Ordinance 110, Solid Waste Management, 16.06 Labeling, as may be
amended.
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E. Ensure all trash is delivered to a facility licensed or permitted to accept the waste,
recyclables collected are delivered to a recycling facility and organics (if collected) are
delivered for food recovery or to an organics facility.
F. Provide solid waste abatement messaging in print or electronic form to each employee,
volunteer, tenant, and housekeeping and custodial contractors. Messaging must be
documented and follow the solid waste abatement messaging published on the Dakota
County Website. Such messaging must occur:
1. at least annually;
2. within 30 days of a substantive change to the generator’s waste program; and
3. within 30 days of a new hire or tenant.
SECTION 10. This ordinance shall be effective immediately upon its passage and
publication.
ADOPTED this 7th day of December 2020 by the City Council of the City of Lakeville,
Minnesota.
CITY OF LAKEVILLE
BY: _________________________________
Douglas P. Anderson, Mayor
ATTEST:
__________________________________
Charlene Friedges, City Clerk
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SUMMARY ORDINANCE NO. 1038
CITY OF LAKEVILLE
COUNTY OF DAKOTA, MINNESOTA
AN ORDINANCE AMENDING TITLE 3, CHAPTER 8 AND TITLE 4, CHAPTER 2 OF
THE LAKEVILLE CITY CODE REGARDING COLLECTION OF MIXED
MUNICIPAL SOLID WASTE IN ACCORDANCE WITH DAKOTA COUNTY
ORDINANCE NO. 110
NOTICE IS HEREBY GIVEN that on December 7, 2020, Ordinance No. 1038 was
adopted by the City Council of the City of Lakeville.
NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No.
1038, the following summary of the Ordinance has been prepared for publication:
This Ordinance amends Title 3, Chapter 8 and Title 4, Chapter 2 of the Lakeville City
code concerning collection of mixed municipal solid waste to be consistent or at least as
restrictive as Dakota County Ordinance No. 110. The Ordinance amends applicable definitions,
provides additional requirements for solid waste collectors, and provides requirements for
recycling for multiple (Apartment) dwellings and sponsors and owners and operators of large
events involving gatherings of at least 300 people.
A printed copy of the entire ordinance is available for inspection by any person during
the City Clerk’s regular office hours.
Approved for publication by the City Council of the City of Lakeville, Minnesota this 7th
day of December 2020
CITY OF LAKEVILLE
BY: _______________________________
Douglas P. Anderson, Mayor
ATTEST:
____________________________
Charlene Friedges, City Clerk