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Home My WebLink About0686 ORDINANCE NO. 686 CITY OF LAKEVILLE DAKOTA, COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 3, CHAPTER 8 OF THE LAKEVILLE CITY CODE CONCERNING MIXED MUNICIPAL SOLID WASTE AND. RECYCLABLES COLLECTORS THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Title 3, Chapter 8 of the Lakeville City Code is amended in its entirety to read: CHAPTER 8 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: Required Equipment 3-8-6: Collection Regulations 3-8-7: Limitation on Number of Licenses 3-8-8: 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. COMMERCIAL Any premises where a commercial enterprise of any kind is ESTABLISHMENT: carried on and shall include restaurants, clubs, churches, and schools. COMMERCIAL/MULTIPLE Mixed municipal solid waste andlor recyclable material collection. FAMILY (APARTMENT) provided to any commercial establishment or any multiple family DWELLING COLLECTION: (apartment) dwelling units of which all residents commingle their 93375.08 (Clean of V6) 1 RNK/slc: 6/12/01 mixed municipal solid waste in a dumpster or other similar container for shared collection service by the collector or commingle their recyclable material in a dumpster or other similar container for shared pickup service by the collector. CONSTRUCTION Waste building materials, packaging, and rubble resulting from DEBRIS: construction, remodeling, repair, and demolition of buildings and roads. GARBAGE: Animal, vegetable, or other putrescible wastes, but excluding .human excreta, sewage, or other forms of water-carried wastes. INDUSTRIAL The following waste from an industrial or manufacturing business WASTE: 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 Garbage, refuse and other solid waste from residential, SOLID WASTE: 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 FAMILY A building designed with three (3) or more dwelling units (APARTMENT). exclusively for occupancy by three (3) or more families living DWELLING: independently of each other, but sharing hallways and main entrances and exits. RECYCLABLE Materials that can be readily separated from mixed municipaf solid MATERIAL: 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. RESIDENTIAL DWELLING Mixed municipal solid waste and/or recyclable material collection COLLECTFON: services in which the collector specifically services an individual residential dwelling unit for the collection of mixed municipal solid: waste and/or recyclable material, regardless of whether it is a single family dwelling or a dwelling. unit within a multiple family. (apartment) dwelling unit structure. SPECIAL PICKUP: Any collection of materials other than mixed municipal solid waste, recyclable material or yard waste. including white goods, furniture, 93375.08 (Clean of V6) 2 RNK/slc: 6/12/01 oversized materials, construction debris; and other materials collected, processed, and disposed of as separate waste streams. TARGETED Aluminum and steel beverage containers, tin cans, glass, RECYCLABLE newsprint, plastic containers with a neck, corrugated cardboard, .MATERIAL: magazines, catalogs and mixed paper, or other materials that may be designated by resolution of the City Council 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 the 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. Nonprofit. organizations collecting recyclable materials. 4. Collecting household appliances. 5. Collecting construction debris. D. Two classes of licenses for collection of mixed municipal. solid waste and/or recyclable material shall be .issued: 1. .Class "A". A Class "A" license authorizes the collection of mixed municipal solid waste and recyclable material from all locations within the City. 2. Class "B". A Class "B" license authorizes the collection of mixed municipal solid waste and recyclable material from commercial/multiple-family (apartment) dwellings. 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: 93375.08 (Clean of V6) 3 RNK/slc: 6/12/0] 1. The name and address of the applicant. 2. The type of license requested. 3. A list of the. equipment which is proposed to be used in such collection. 4. The place or places to which the mixed municipal. solid waste and/or recyclable material is to be hauled. 5. The portion of the City in which collections are to be made and the number of residential dwelling units and/or commercial establishments and multiple family (apartment) dwelling units which are served. 6. Fees 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 preferred. 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 underthe laws of the State. 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 proprietorship 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: $1,000,000.00 per occurrence $1,000,000.00 products/completed operations 93375.08 (Clean of V6) 4 RNK/slc: 6/12/01 Property Damage: $1,000,000.00 per occurrence C. Licensee shall obtain and maintain the following minimum insurance coverage for personal injury liability (with employment-related exclusion deleted): Limit: $1,000,000.00 per occurrence D. Licensee shall obtain and maintain the following minimum insurance.. coverage for comprehensive automobile liability (owned, nonowned, hired): Bodily Injury: $1,000,000.00 per person $1,000,000.00 per occurrence Property Damage: $1,000,000.00 per occurrence E. Insurance certificates evidencing that the. insurance ..required by this section is in force with companies acceptable and. licensed in the State, 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: REQUIRED EQUIPMENT:. Applicants for a Class "B" license and Class.."B" license holders, as a condition of maintaining their license, must own or lease a front or rear load truck and aroll-off truck. 3-8-6: 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 #o 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 93375.08 (Clean of V6) 5 RNK/slc: b/12/01 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. Operations during these hours may also be conducted on Saturdays only to accommodate recognized .national holidays or a special pickup as herein defined. 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- family (apartment) dwellings. Nothing herein shall be construed to prevent a collector from offering residences. recyclable collection or 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. Necessary City Approval: 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. L Notice to the City: The licensee shall operate in a manner consistent with its application materials and shall provide notice. to the City within ten (1-0) 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 of this Chapter. J. Minimum Service: 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, reusage, and recycling. The rate structure shall increase with the volume of the waste collected. Residential mixed municipal solid waste and recyclable material collectors are prohibited from imposing a greater charge on residents who recycle than on residents who do not recycle. 93375.08 (Clean of V6) RNK/slc: 6!12/01 3-8-7: 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 collectors increases; more trucks use more fuel, create wear and tear on City streets, create more pollution and noise; more collectors create an increased risk to public safety, decrease efficiency, and increase rates and energy costs. B. Limitation on Licenses: 1. No more than six (6) Class "A" licenses may be in force at any time, except `that all persons licensed by the City on September 7, :1999, and continuously thereafter may be relicensed and licenses shall be allocated first to such persons. 2. No more than three (3) Class "B" licenses may be in force at any time. 3-8-8: 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 #his lath day of .rune , 2001, by the City Council. of the City of Lakeville, Minnesota. CITY OF VIL"LE BY: ~ ~ Robert D. Jo on, Mayor EST: R harlene Friedges, City rk 93375.08 (Clean of V6) ~ RNl{/stc: 6/12/01 PUBLIC NOTICE ORDINANCE NO. 686 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 3, CHAPTER 8 OF THE LAKEVILLE CITY CODE CONCERNING MIXED MUNICIPAL SOLID WASTE AND RECYCLABLES COLLECTORS THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Title 3, Chapter 8 of the Lakevil'D. 1Wo c a"sses'oi Icenses %or`Z'tnteuuu ul ty to re recyclable material collected by them shall be conveyed to the place designated in their application. The wagon or con- veyance used shall be kept clean and as free from offensive odors as possible, and shall not be allowed to stand in any street, 3-8-: alley, or public place longer than is rea- 3-8 sonably necessary to collect mixed munic- 3-8- ipal solid waste or recyclable material. 3.8_+ C. Collection Hours: No collections of mixed municipal solid waste or recyclable mate- rial 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. Operations during these hours may also be conducted on Saturdays only to accommodate recognized national hol- MIXE RI SEG 38` 38' 3-8-( 3-8- 3-8-1: Chapter have tc COI— mur idays or a special pickup as herein defined. whlL D. Refusal to Collect: The collector may hies refuse to make collections from any prem- isesa wa when the fees are not paid within one C01 - month from the date such mixed munici- Any ■ pal solid waste or recyclable material is prins collected. The collector shall notify the incl City Clerk of the discontinuance of service C� to any premises within two (2) days afters (AI service is discontinued. E. Collecting Recyclable Material Required:, TI(g , 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 des- ignated in their license application the targeted recyclable materials from resi- dences with individual curbside mixed municipal solid waste containers within IIIdLef Id' L.UI,CL.LL)IJ 111 Lilt 41Ly IJ nc,cobaly for the following reasons: proper inspec- tion and control is more difficult as the number of collectors increases; more trucks use more fuel, create wear and tear on City streets, create more pollution and GnSUC noise; more collectors create an increased risk to public safety, decrease efficiency, 1:42Ul and increase rates and energy costs. e ,7[I B. Limitation on Licenses: Ra� 1. No more than six (6) Class "A" licenses IC may be in force at any time, except that all persons licensed by the City on September 7, 1999, and continuously thereafter may be relicensed and licenses shall be allocat- ed first to such persons. 2. No more than three (3) Class "B" licenses may be in force an any time. 3-8-8: 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 18th day of June, 2001, by the City Council of the City of Lakeville, g. Minnesota. CITY OF LAKEVILLE BY: Robert D. Johnson, Mayor ATTEST: Charlene Friedges, City Clerk T229 any tipbq wh mupil otFFq, tiopU . th( ott-ss sq( C( inlE' l wS.l2[; 6/23/01 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA County of Dakota SS TERESA L. FULTS, being duly sworn, on oath says that she is an authorized agent and employee of the publisher of the newspaper known as Thisweek-Life & Times, and has full knowledge of the facts which are stated below: (A)The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statutes 331 A.02, 331 A.07 and other applic- able laws, as amended. (B) The printed which is attached was cut from the columns of said newspaper, and was printed and pub- lished once ea M -week; fer su i+e-veeks; it was first published on Saturday, the tr3ay of , and was thereafter printed and published on every Saturday to and including Saturday, the day of ; and print- ed 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: abcdefghijklmnopgrstuvwxyz Subscribed and sworn to before me on this Notary Public c 5:41'1 day of CAROL J. HAVERLAND NOTARY PUBLIC - MINNESOTA My Commission Expires 1-31-2005 SVVVVVVVWWWWWVVNANNAMAAMAArli