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Ord 561 Amend Code Solid Waste AbatementCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 561 AN ORDINANCE AMENDING TITLE 4, CHAPTER 2, OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, CONCERNING SOLID WASTE ABATEMENT The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: Title 4-2 is hereby amended as follows: 4-2-1: TITLE: This chapter shall be known, cited and referred to as the MENDOTA HEIGHTS RISII ORDINAAICE SOLID WASTE ABATEMENT except as referred to herein, where it shall be known as "this chapter". In response to Dakota CountOrdinance 110 the City of Mendota Heights has created a solid waste abatement ordinance. The implementation of the ordinance is intended to reduce the amount of waste going into landfills improve the quality of materials recycled to strengthen the market and make progress towards the state's recycling goals. 4-2-2: DEFINITIONS: The following words and terms, whenever they occur in this chapter, are defined as follows: 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 CITY: The city of Mendota Heights, a Minnesota municipal corporation. COMMERCIAL ESTABLISHMENT: Any premises where a commercial or industrial enterprise of any kind is carried on, and shall include restaurants, clubs, churches, and schools where food is prepared or served. CUSTOMER: Those customers that have hired the hauler to collect solid waste in the city of Mendota Heights. DEPARTMENT: means the county department of unit designation by the county board to conduct solid waste regulatory activities within the county, its staff, and designation agents. DESIGNATED LIST OF CONTAMINANTS FOR RECYCLING: batteries ceramic dishware clothing and textiles food waste household hazardous waste non -recyclable paper, pallets, pet and human waste including diapers pharmaceuticals and medicines, medical waste, plastic bags and film metal cylinders scrap metal shredded paper, Styrofoam tanglers trash, yard waste electronics appliances sharps tires and other items defined by Dakota County Ordinance 110 as approved by the Dakota County Board of Commissioners and published by the Department on the Dakota County Website. DESIGNATED LIST OF CONTAMINANTS FOR COMMERCIAL COMPOSTING: ceramic dishware glass pet and human waste items not meeting ASTM standards D6400 or D6868, bags cartons diapers disposable wipes freezer boxes wax and parchment paper, shredded paper, trash treated wood and sawdust yard waste and Christmas trees recyclables, and other items defined by Dakota County Ordinance 110 as approved by the Dakota County Board of Commissioners and published by the Dppartment on the Dakota County Website.. DESIGNATED LIST OF RECYCLABLES OR RECYCLABLE MATERIALS: Aluminum, tin and steel beverage cans, plastic beverage bottles, serap metal, tn,eans glass bottles and jars, newsprint, cartons, mixed paper and cardboard and other items defined by Dakota County Ordinance 110 as approved by the Dakota County Board of Commissioners and published by the Department on the Dakota County Website. GARBAGE: All putrescible waste matter or material of every kind, including animal offal and carcasses of dead animals but excluding human excreta, sewage and other water carried wastes. HAULER: A licensed solid waste hauler in the city of Mendota Heights. LARGE EVENT VENUE with ORGANICS means a publicatg hering of at least 300 people that generates at least one ton of municipal solid waste or contracts for eight cubic yards or more per location and generates organics back-of-house Examples include but are not limited to concerts fairs festivals community events, athletic tournaments, parades, etc MIXED MUNICIPAL SOLID WASTE: Garbage, other refuse, and other solid waste from residential, commercial, industrial, and community activities which is generated and collected in aggregate, but excluding auto hulks or construction debris, mining waste, sludges, household hazardous waste, tree and agricultural wastes, tires, lead acid batteries, used oil, yard waste, and other materials collected, processed and disposed of as separate waste streams. MULTIPLE RESIDENTIAL DWELLING: Any building used for residential purposes consisting of more than four (4) dwelling units. NON RECYCLABLE PAPER: Paper napkins, paper towels, pgper plates and cups ORGANICS• Food scraps and food waste including bakery and dry goods, coffee grounds, dairy products eggs and eggshells meat fish bones produce fruits vegetables and other items defined by Dakota County Ordinance 110. OTHER REFUSE: Includes all organic material resulting from the manufacture, preparation, or serving of food or food products, and spoiled, decayed or waste foods from any source, non- recyclable bottles, cans, glassware, paper or paper products, crockery, ashes, rags and discarded clothing, tfee ar lav ~- elipp igs,' weeds, and other waste products, except human waste or waste resulting from building construction or demolition. PLASTIC BEVERAGE BOTTLES: Includes Recyclable PET (SPI code #1), HDPE (SPI code #2) PP (SPI code #5) including containers and jugs. REGY-GLABLES OR RECYCLABLE MATERIALS: Alumiftuffi, fig and steel beverage , plastic beverage bottles, serap me4al, tin eaRs, glass bottles and jars, newsprint, ep�, mixed paper and eardbe RESIDENTIAL UNITS: Any single building consisting of one through three (3) dwelling units with individual kitchen facilities for each. SCHEDULED DAY: That normal customary and scheduled day that the hauler has informed the customer or agreed with the customer to collect solid waste from the customer's residential unit. Solid Waste Abatement Messaging: means the standardized solid waste abatement education messaging developed by the Department and published on Dakota County's website. TARGETED RECYCLABLES: Metal beverage containers, glass, plastic beverage bottles, cartons, cardboard, newsprint, or other .==atertzas--a.s- may -oe defined oy-e..0==e.= resolution items defined by Dakota County Ordinance 110 as approved by the Dakota County Board of Commissioners and ublished by the Department on the Dakota County Website. YARD WASTE: Leaves and grass clippings or other materials as may be defined by council resolution. (Ord. 264, 2-21-1989; amd. Ord. 284, 5-19-1992) Ord. 561 Page 2 of 6 4-2-4: COLLECTION AND DISPOSAL REGULATIONS: A. Required Collection Of Garbage And Other Refuse; Exemptions: 1. Every household and commercial/industrial establishment in the city must be under a contract for the collection of garbage and other refuse with a licensed garbage hauler. A household in a multiple residential dwelling is considered to be under a garbage collection contract if the owner, association or management entity has a contract with a licensed garbage hauler. (Ord. 264, 2-21-1989; amd. 2003 Code) 2. A household or commercial/industrial establishment may be exempt from the requirement to be under a garbage and other refuse contract if the household or commercial/industrial establishment hauls garbage or other refuse from its own residence or business property and complies with the standards set forth in subsection 4-2-3A2 of this chapter. (Ord. 284, 5-19-1992) 3 Multi -Unit Residential Buildings owners and managers who manage municipal solid waste through a common contract shall: a. Ensure Dakota County's designated list of recyclables are collected for recycling. b. Ensure recycling services are provided to all residents. c. Provide recycling containers with a weekly service capacity of at least 0.1 cubic yards per dwelling unit. d. 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. e. 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. f. Ensure all trash collection containers or collection chutes are co -located within 10 feet from a recycling container or recycling chute. Each container or chute must have equal access. g. Ensure all trash recyclables and organics collection containers are clearly labeled or marked to adhere to the standards found in Dakota County Ordinance 110, Section 16.06 (A). h. Provide solid waste abatement messaging in print or electronic form to each employee tenant multiunit resident student volunteer, and housekeeping and custodial contractors Messaging must be documented and follow the solid waste abatement messaging published on the Dakota County Website and occur: 1. At least annually. 2 Within 30 days of any substantive change to generator's waste program. 3 Within 30 days of a new hire or new tenant. 4 Property owners event sponsors and managers for large event venues with organics shall: a. Ensure Dakota County's designated list of recyclables are 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. Ord. 561 - Page 3 of 6 C. Ensure all trash collection containers or collection chutes are co -located within 10 feet from a recycling container or recycling chute. Each container or chute must have equal access. d. Ensure all trash, recyclables, and organics collection containers are clearly labeled or marked to adhere to the standards found in Dakota County Ordinance 110, Section 16.06 (A). e. Ensure all trash is delivered to a facility licensed or permitted to accept the waste, recyclables are delivered to a recycling facility, and organics are delivered for food recovery or to a compostingfacility acility or anaerobic digester i. Provide solid waste abatement messaging in print or electronic form to each employee, tenant, multiunit resident, student, volunteer, and housekeeping and custodial contractors. Messaging must be documented and follow the solid waste abatement messaging published on the Dakota County Website and occur: 1. At least annually. 2. Within 30 days of any substantive change to generator's waste program. 3. Within 30 days of a new hire or new tenant. B. Collection Schedules: 1. Weekly Collection: All licensed haulers shall make weekly collection of separated garbage and other refuse and yard waste available to customers. In the case of recyclables, all licensed haulers shall make weekly collection available to customers, unless a hauler is providing a "one sort" service, in which case the hauler may make collection available to customers every other week. (Ord. 389, 1-20-2004) 2. Hours Of Collection: No collections of garbage, other refuse and/or recyclable materials 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. C. Collection Vehicle: Each licensed garbage, other refuse and/or recyclable materials collector shall provide a eovered tafAE of w goo vehicle, so constructed that the contents will not leak or spill therefrom, in which all garbage, other refuse and/or recyclable materials collected by the licensee shall be transported. The vehicle 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 garbage, other refuse and/or recyclable materials. D. Disposal Of Garbage And Refuse: It is unlawful for any person to deposit garbage or other refuse from any source in any place other than a licensed sanitary landfill or county approved facility. (Ord. 264, 2-21-1989) 4-2-5: RECYCLING REQUIREMENTS: A. Collecting Recyclable Materials Required: All licensed haulers shall make curbside recycling collection available at a minimum of once a week to all residential unit customer accounts, unless a hauler is providing a "one sort" service, in which case the hauler may make collection available to customers every other week. At a minimum, such service shall include all "targeted recyclables" as defined herein. Such recycling pick up service shall be considered a Ord. 561 Page 4 of 6 part of residential rubbish hauling service generally, and no additional fee or charge may be made for such curbside recycling pick up. (Ord. 389, 1-20-2004) B. Minimum Targeted Recyclables: Minimum targeted recyclables to be collected are: newsprint, metal beverage cans, carboard, cartons, plastic beverage bottles, glass bottles and jars. Additional items may be added or defined as the council deems necessary or as county requirements change. (Ord. 264, 2-21-1989) C. Collection Schedule: 1. Weekly collection of recyclables from residential unit accounts shall be available, unless a hauler is providing a "one sort" service, in which case the hauler may make collection available to customers every other week. Service for multiple residential dwellings shall be determined by agreement between the hauler and the customer. (Ord. 389, 1-20-2004) 2. Collection of recyclables shall be on the scheduled day for normal garbage collection for every customer. 3. Collections must be made within twelve (12) hours of designated collection day. D. Point Of Collection: Point of collection shall be agreed upon by the customer and the hauler (i.e., curbside or other location). E. Charges: Each licensee shall file with the city clerk a schedule of rubbish hauling rates to be charged during the license period for which the application is made. Every licensee shall provide thirty (30) days' prior notification of any change in rates to be implemented during the license period. F. Subcontracting For Recycling Services: All subcontractors shall comply with all the licensing provisions contained within this chapter. G. Procedure Of Collector: 1. Hauler must comply with all state, county and city laws and regulations. If hauler does not comply with state, county, and/or city regulations, ordinances or laws, the license may be revoked. 2. Hauler will retain ownership of recyclable materials. 3. Prior to delivery of the recyclables to the recycling center or recycling company, the hauler shall weigh the recyclables at a state inspected and certified scale. The recyclables shall be weighed, and the hauler shall provide the city with scale receipts. 4. The hauler shall take the recyclables to a recycling center or to any other company or entity that engages in the process of recycling. It is unlawful to landfill or incinerate collected recyclables without approval from the city. H. Receipts, Reports And Payments: 1. On a monthly basis, the hauler shall provide to the city the scale receipts for the recyclables collected in the city. Reports will be due by the fifteenth of the month following the reporting period. 2. All licensed haulers shall report to the city the quantity of all recyclables and yard waste abated from landfills. These reports shall be submitted on a quarterly basis and shall include: a. The number of residential units from which recyclables were collected. b. The weight of the recyclables, measured by the scale and categorized by type of targeted recyclables. c. The city's share of the hauler's total recyclables. d. Yard waste may be reported in estimates of cubic yardage abated. 3. The city will provide the form on which the report will be submitted. 4. The quarterly reports are due on March 15, June 15, September 15, and December 15 of each year. Ord. 561 Page 5 of 6 5. Haulers will be reimbursed each quarter at the discretion of the city as determined by council resolution. I. Collection Conditions Of Residents: 1. Residential unit customers may not put out materials more than twelve (12) hours in advance of collection, and containers may not be out more than twelve (12) hours after collection. 2. The ..it.7 retains ownership e f r-eeyeling eorAainer. provided te-eside„tial unit a aufAs. J b (Ord 264 2 21 19" This Ordinance shall be in effect from and after the date of its passage and publication. Adopted and ordained into an Ordinance this first day of December, 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST — e� Lorri Smith, City Clerk Ord. 561 Page 6 of 6