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HomeMy WebLinkAbout1038ORDINANCE 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). 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: 212729v4 L. Collecting on Non -Collection Day Unlawful; Exceptions. It is unlawful for licensed mixed municipal solid waste or recyclable material collectors to collect any 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: 2 212729v4 GARBAGE: 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: Means something rejected or discarded as worthless or useless. TARGETED RECYCLABLE MATERIAL: 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 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: 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 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. 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. 3 212729v4 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. 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: El 212729A 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 fr. Anderson, Mayor ATTEST: G Charlene Friedges, City Cler 5 212729v4 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 7`" day of December 2020 CITY OF LAKEVILLE BY: Douglas P. Anderson, Mayor ATTEST: Charlene Friedges, City C c 212895v1 4 , . . AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF DAKOTA Diane Erickson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: STW Lakeville with the known office of issue being located in the county of: DAKOTA with additional circulation in the counties of: SCOTT and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for I successive week(s); the first insertion being on 12/11/2020 and the last insertion being on 12/11/2020. MORTGAGE FORECLOSURE NOTICES Pmw nt to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in'§580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: E)L-'� L",L,— Desigazied Agent Subscribed and sworn to or affirmed before me on 12/11/2020 by Diane Erickson. Notary Public r. -r v DARM MARS MACPHEMON NIVIM PUBLIC - M1WIMA Lvm ---------------- I Mir Oofllnllmos BON Jen 81.2021 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $27.40 per column inch Ad ID 1097921 CITY OF LAKEVILLE COUNTY OF DAKOTA, MINNESOTA SUMMARY ORDINANCE NO. 1038 AN ORDINANCE AMENDING TITLE 3, CHAPTER 8 AND TITLE 4, CHAPTER 2 OF THE LAKEVILLE CITY CODE REGARDING COLLECTION OF MWED MUNICIPAL SOLID WASTE IN ACCORDANCE WITH DAKOTA COUNTY ORDINANCE NO. 110 NOTICE I3 HEREBY G1VEN that on December 7, 2020, Or- dinance No. 1038 was adopted by the City Council of the City of Lakeville. NOTICE E FURTHER QWM that, because of the lengthy nature of Ordinance No. 1038, the follow- ing summary of the Ordnance has been prepared for publication: The 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 sold waste collectors, and pro- vides requiren me for recycling for multiple (ApartmpryQ dwellings and sponsors and owners and opera- tors of large events InvoMng gath- erings of at least 300 people. A printed copy of the entire ordl- nanoe is available for kupection 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 Decem- ber 2020 CRY OF LAKEVILLE BY: Douglas P. Anderson, Mayor ATTEST: Charlene Friedges, City Clerk Published in the Sun Thisweek December 11, 2020 1097921