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HomeMy WebLinkAbout2.b. Solid Waste Hauler OrdinanceAGENDA ITEM: Solid Waste Haulers Licensing AGENDA SECTION: Discussion PREPARED BY: Dan Schultz, Director of Parks and Recreation AG r ATTACHMENTS: Survey Information and Solid Waste City Code APPROVED BY RECOMMENDED ACTION: None, discussion only ACTION: CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Work Session Date: May 3, 2005 ISSUE The City Council has asked staff to review with them the number of solid waste /recycling haulers being licensed in Rosemount. BACKGROUND All solid waste /recycling haulers who wish to do business in Rosemount must provide the following. Proof of public liability and worker's compensation insurance in the form of a Certificate of Insurance, A list of solid waste collection equipment to be used in Rosemount, A completed application, including identification of the destination of waste collected in Rosemount and the manner in which it will be disposed, and Submission of the $350.00 license fee. SUMMARY The City of Rosemount currently has 16 licensed solid waste haulers When issuing licenses, the license makes no distinction as to the type of hauling they are allowed to perform and many haulers haul more than one type of waste. The haulers are required to indicate on their license application what type of hauling they will be doing Based on the 2005 applications, nine of these haulers indicated that they do residential hauling, eleven do commercial hauling, and twelve handle construction and demolition type hauling. City City run or open (Residents can choose their hauler) Pnce of haulers license How many haulers are hcensed in your city Do you limit the number? Cntena? West Saint Paul Open Res. $228.00 $5 sticker /vehicle Com. $228.00 Res. 6 Com.- uncertain Res. -Limit 6 Com. -No limit Liability and Worker Comp. Insurance South Saint Paul Open $200 +$5 tab /vehicle Com. Only 6 Com/Res. 8 Res. Only 4 They do not linut the number of licenses. Burnsville Open $150 9 No limit Apple Valley Open $110 first truck, $32 each additional truck 6 No Limit Eagan Open Available from City Clerk 10 total 3 Commercial Res limit 7 City can specify and assign certain areas to licensees Inver Grove Heights. Open $100 $3 /truck 19 total No Limit 1 Sunfish Lake Open At least 3 See Criteria Hauler must use appropriate sized vehicle to contend with narrow roads and seasonal conditions Rosemount Open $350 per company 16 total No limit Community Waste Haulers Comparison L 1TOKSo14 waste. 6acydmn. clan npsa005 MecConnnoay waste Hwba Cancans= doe 5 -1 -1 SECTION: 5 -1 -1: DEFINITIONS: ENCLOSURE: HAZARDOUS WASTE: LIQUID WASTE: RECYCLABLES: CHAPTER 1 SOLID WASTE 5 -1 -1: Definitions 5 -1 -2: Disposal Required 5 -1 -3: Containers, Requirements 5 -1 -4: Open Burning Prohibited 5 -1 -5: Collector Regulations 5 -1 -6: Collection Vehicle Regulations 5 -1 -7: Collection Requirements, Regulations 5 -1 -8: Animal Carcass Disposal 5 -1 -1 The required area for storage of waste containers between the times of weekly collection. This area must conform to the requirements of subsection 5 -1 -3A4 of this chapter. Any waste product, whether solid, liquid, or gas, which is designated as a hazardous waste product by federal, state, county, municipal, or any regulatory agency that is produced and stored until the time of weekly collection. Any waste product, which exists or is produced, in a liquid form and stored until the time of weekly collection. Any solid waste product such as glass, plastic, and certain metals which are routinely collected and processed for recycling, which are stored until the time of weekly collection. City of Rosemount October 2004 5 -1 -1 SOLID WASTE: WASTE CONTAINER: YARD WASTE: 5 -1 -3 Any solid waste produced and stored for collec- tion by any residential, commercial, institutional or industrial use and stored until the time of weekly collection. Any container designed and used to contain or store solid waste, recyclables, yard waste, liquid waste, or hazardous wastes until the time of weekly collection. Any waste normally generated in the mainte- nance of yards and property such as, grass clippings, leaves, twigs, branches, brush, which is not composted in a manner conforming to ordinance or regulation but stored until the time of weekly collection. (Ord. XIV.21, 3 -7 -2002) 5 -1 -2: DISPOSAL REQUIRED: It shall be unlawful for any resident, tenant, property owner, or business owner to fail to dispose of solid waste, recyclables, yard waste, liquid waste, or hazardous wastes, which may accumulate on property owned or occupied for residential, institutional, commercial, or industrial use in a sanitary manner at least once each week. A. Exception, Single Sort Recycling: Single sort recyclable containers, with securely closing lids, shall be allowed biweekly collection. (Ord. XIV.24, 12 -2 -2003) 5 -1 -3: CONTAINERS, REQUIREMENTS: A. Use Required, Description: October 2004 1. Tightly Closed Containers: All solid waste, recyclables, yard waste, liquid waste, and hazardous waste accumulating between the times of collection shall be placed in tightly closed containers specifically designed for such purpose. a. Exception: The recyclable container provided through the city may be used to store and place recyclables at the curb for collection. 2. Containers To Be Provided: Every resident, tenant, property owner, business owner or occupant of any dwelling house, boarding house, restaurant or any place of business producing solid waste, City of Rosemount 5 -1 -3 5 -1 -3 recyclables, yard waste, liquid waste, or hazardous waste to dispose of shall provide for the disposal of such waste in a sanitary manner which complies with all related federal, state, county and city laws or regulations, and shall provide one or more tightly covered containers specifically designed for proper solid waste, recyclables, yard waste, liquid waste, or hazardous waste storage sufficient to receive all solid waste, recyclables, yard waste, liquid waste, or hazardous waste which may accumulate between the times of collection. 3. Placement; Enclosure: All waste containers shall be kept in an enclosure that meets the requirements of subsection A4 of this section, until the day of scheduled pick up. a. Placement: Waste containers may be placed at the curb for collection the evening before the scheduled day of collection and must be removed from the curb area and stored as required on the evening of the day of collection. b. Exception: This section shall not apply to waste containers set out by the city for public use. 4. Enclosure Criteria: Enclosures shall meet the following criteria: a. Screening: All residential structures with more than two (2) units, and all commercial, industrial, and institutional uses shall provide a screened enclosure for required waste containers for solid waste, recyclables, yard waste, liquid waste and hazardous wastes. Such enclosures shall completely conceal stored waste containers from all sides and be designed in such a manner as to contain any spillage from the containers. b. Single And Double Residential Dwellings: Single and double residential dwellings shall store waste containers inside of a garage, or in a side or rear yard behind the front line of the house until they are placed for collection as provided in this chapter. c. Materials: (1) In all new construction, enclosure materials shall be similar to the principal building. (2) Existing properties may use such materials as wooden fencing, or chainlink with eighty five percent (85 opacity inserts, but such materials must be maintained to provide a good appearance. City of Rosemount October 2004 5 -1 -3 5 -1 -3 October 2004 (3) All enclosures shall be constructed in a substantially sound manner of materials that reduce normal deterioration from weathering. The enclosure's construction shall support snow load and wind load as required by the state building code, and all materials shall be properly anchored. Further, all enclosures shall be constructed and maintained in a safe, orderly condition. (4) Any enclosure which is defaced, deteriorated, improperly maintained or otherwise altered from its original permitted condition shall be repaired or replaced upon written notice by the city. d. Size: Enclosures shall provide sufficient space for required waste containers for solid waste, recyclables, yard waste, liquid waste, hazardous wastes, and any other waste container that is intrinsic to the operation of a business on the premises. In no case shall the enclosure exceed six hundred (600) square feet in area. e. Location: (1) Enclosures shall be located behind the front building line of the principal building (as extended to the side lot lines). (2) Enclosures may be integrated into a building if approved by the building official. (3) Enclosures shall be set back ten feet (10') from the lot line of any abutting residential property. f. Landscaping: Enclosures shall be landscaped in accordance with city regulations. g. Flooring: Enclosures shall have flooring constructed of concrete or bituminous material. h. Access: Enclosures shall provide access that will facilitate efficient storage and removal of waste materials in all seasons. 5. Penalty: Any violation of the sections relating to the screening or storage of waste containers, solid waste, recyclables, yard waste, liquid waste, or hazardous waste shall be guilty of a misdemeanor under this chapter. City of Rosemount 5 -1 -3 5 -1 -5 a. Exception: The application of the misdemeanor penalty for violation of the storage and screening of wastes and waste containers under city ordinance shall not preclude or hinder any penalty additionally applied by any other regulatory agency. (Ord. XIV.21, 3 -7 -2002) 5 -1 -4: OPEN BURNING PROIIIBITED No solid waste or yard waste shall be burned without a permit from the appropriate governmental authority. (Ord. XIV.8, 12 -20 -1988) 5 -1 -5: COLLECTOR REGULATIONS: A. License Required: It shall be unlawful for any person to collect solid waste without first having secured a license to do so from the city council. B. Application For License: Any person desiring a license to collect solid waste shall make application for the same to the city clerk upon a form prescribed by the city. The application shall set forth: 1. The name and address of the applicant. 2. A list of the equipment which he proposes to use in such collection. 3. The place or places to which the solid waste is to be hauled. 4. The manner in which said solid waste is to be disposed of. 5. The portion of the city in which collections are to be made. C. Insurance Required, Issuance: Before any license may be issued, the applicant shall, if his application is approved by the city council, deposit with the city clerk proof of public liability insurance as may be required by the city council in connection with approving the application, and under the conditions imposed by the ordinances of the city. The city clerk shall then issue and deliver the license. 1. See also title 6. chapter 3 of this code. City of Rosemount October 2004 5 -1 -5 5 -1 -7 D. Fee: A license fee set by the city council shall accompany the application and upon granting the license, the fee shall be deposited in the general fund. E. Term: No license issued hereunder shall be for a longer period than one year and all licenses shall expire on December 31 of each year. F. Yard Waste Disposal: Effective March 1, 1989, all yard waste shall be disposed of at compost facilities designated or approved by Dakota County. (Ord. XIV.8, 12 -20 -1988) 5 -1 -6: COLLECTION VEHICLE REGULATIONS: Each licensed collector shall provide a covered tank or conveyance, so constructed that the contents will not be blown or jostled therefrom, in which all solid waste collected by him shall be conveyed to the place designated in his application. The tank 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 necessary to collect solid waste. The tank or conveyance shall be subject to inspection by city officers or authorized agents of the city, and the license shall be subject to revocation in the event that said tank or conveyance is not kept clean or in the event that the licensee violates any other provision of this chapter. (Ord. XIV.8, 12 -20 -1988) 5 -1 -7: COLLECTION REQUIREMENTS, REGULATIONS: A. Frequency Of Collection: Each licensed collector shall make collections at least weekly or more often if necessary in that portion of the city in which he is licensed to collect solid waste or yard waste. B. Payment For Collection: The expense of solid waste and yard waste collection shall be paid to the collector by the owner, agent, occupant or tenant of the premises from which such solid waste and yard waste is collected, and such fee shall be full compensation for his services in such collection, provided that if the tenant or occupant of the property shall fail to pay said expense, the owner shall be liable therefor to the collector. October 2004 City of Rosemount 5 -1 -7 5 -1 -7 C. Discontinuance Of Service: The collector may decline to make collections from any premises when the fees provided for herein are not paid within one month from date such refuse 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. (Ord. XIV.B, 12 -20 -1988) D. Collector Requirements: Each licensed collector shall: 1. Recyclable Materials: Make available weekly curbside collection of recyclable materials to all residential customers. The city council may designate by resolution specific materials for which collection must be available. Collection of recyclable materials from such a customer shall be made at the same time, at the same location, and with the same frequency as collection of solid waste from that customer. No fee may be charged to a customer for this service. 2. Disposal Of Recyclable Materials: Dispose of recyclable materials at a licensed recycling facility, an organized recyclable materials drive, or through another licensed hauler of recyclable materials. No fee may be charged to a customer for this service. 3. Report To City Of Quantity: Report to the city, on a quarterly basis and on forms provided by the city, the quantity of all residential recyclable materials by type and yard waste abated from landfills during the preceding quarter. Such quantities must be reported by tonnage, except that yard waste may be reported in estimates of cubic yardage abated. Copies of weight tickets must also be submitted with the abatement quantities. 4. Number Of Residential Customers Who Recycle: Report to the city, on a quarterly basis and on forms provided by the city, the number of residential customers the collector had in the city, and the percentage of those customers who actually recycled, during the preceding quarter. (Ord. XIV.16, 11 -7 -1995, eff. 1 -1 -1996) 5. Collection Of Waste And Recyclable Materials By Refuse Haulers: Haulers shall conduct collections as follows: a. West of Akron Avenue collection may occur only on Monday or Tuesday. b. East of Akron Avenue collection may occur on any day of the week. City of Rosemount October 2004 5-1 -7 5 -1 -7 October 2004 6. Hours Of Collection: Haulers shall conduct collection as follows: a. Monday through Friday six o'clock (6:00) A.M. to eight o'clock (8:00) P.M. b. Saturday, from six o'clock (6:00) A.M. to eight o'clock (8:00) P.M. c. Sunday, from eight o'clock (8:00) A.M. to six o'clock (6:00) P.M. 7. Hauler Responsibility: Placement of waste containers and mandatory use of enclosures. Haulers shall conduct collection as follows: a. Haulers shall place all waste containers within the specific enclosures provided for waste containers as required by sections 5 -1 -2 and 5 -1 -3 of this chapter. (1) No waste containers may be placed or delivered that are in violation of city ordinance. (2) No waste containers may be placed within the driving or parking lanes of public streets, roads, or highways. (3) Exceptions: (A) Waste containers, or pens, on construction sites need not be screened and containers for waste may be placed on construction sites without an enclosure. However: (i) The container or pen must be set back five feet (5') from any abutting finished residential or commercial property lot line. (ii) Waste containers and pens on construction sites may not be placed in violation of the twenty five foot (25') sight triangle at intersections. (B) Developers, builders, or contractors on site are responsible for maintaining the container or enclosure at a construction site to prevent trash, refuse, and debris generated by the building project from spilling, blowing, or in any way escaping from the containers or pens required to contain it. City of Rosemount 5 -1 -7 5 -1 -8 (C) Haulers will clean up any spillage of waste that occurs while they are collecting and transferring waste. (0) Haulers will close and secure the gates of all waste container enclosures when finished collecting and transferring waste from any location with an enclosure. 8. Violation: Failure to comply with the regulations under this chapter for haulers, containers, enclosures, or pens at building sites is a misdemeanor and in addition the hauler's licenses or permits for building sites may be suspended or revoked. a. Revocation Or Suspension Hearing: The council may consider revocation or suspension of licenses or permits following a hearing. Notification of this hearing may be hand delivered by staff or mailed. This notification must be mailed five (5) days prior to the hearing or hand delivered at least forty eight (48) hours before the time of such hearing. The notice should include the date, time, and nature of the violations and copies of any documentation or reports regarding the violation. (1) Haulers with more than three (3) violations of these regulations within a one year period will be required to appear before the council for a review of the violations. Council may revoke, suspend, or attach additional conditions to the hauler's license. (2) Developers, builders, or contractors with more than three (3) violations of these regulations within a one year period will be required to appear before the council for a review of the violations. Council may revoke, suspend, or attach additional conditions to the permits of the developer, builder, or contractor. (Ord. XIV.22, 8 -6 -2002) 5 -1 -8: ANIMAL CARCASS DISPOSAL: When any animal belonging to any person residing in this municipality shall die, such person shall promptly cause the same to be buried at least three feet (3') underground or cause the same to be disposed of by authorized personnel. It shall be unlawful to dispose of dead animals with solid waste or yard waste. If the owner of any dead animal cannot be found, the person upon whose property it is shall notify the local health officer who will cause it to be removed and disposed of by authorized personnel. (Ord. XIV.8, 12 -20 -1988) City of Rosemount October 2004 CITY OF ROSEMOUNT STATE OF MINNESOTA ORDINANCE NO XIV 22 AN ORDINANCE AMENDING THE CITY CODE SOLID WASTE COLLECTOR REQUIREMENTS THE COUNCIL OF THE CITY OF ROSEMOUNT ATTEST ORDAINS AS FOLLOWS /s/Lmda Jentink, City Clerk Section 1 Rosemount City Code Section 5 -1 -7, paragraph D 5 is amended and paragraphs D 6, D 7 and D 8 are added as follows 5 -1 -7 D Collector Requirements Each licensed collector shall 5 Collection of waste and recyclable materials by refuse haulers, Haulers shall conduct collections as follows West of Ala on Avenue collection may occur only on Monday or Tuesday b East of Akron As enue collection may occur on any day of the week 6 Hours of collection, Haulers shall conduct collection as follows a Monday through Fnday 6 00 a m to 8 00 p m is Saturday, from 6 00 am to 8 00 p c Sunday, from 800 am to600 7 Hauler responsibility Placement of waste containers and mandator) use of enclosures Haulers shall conduct tollrcnon A follows a. Haulms shall place all waste containers within the specific enclosures provided for waste containers as required by City Code Sections 5 -1 -2 and 5-1-3 1) No waste containers may. be placed or deliv ered that are in violation of City Ordinance 2) No ca ste containers may be placed withm the drn mg or pat king lanes of public streets, roads, or highways 3) Exceptions 5.) Waste contamers, or pens, on construction saes need not be screened and containers for waste may be planed on instruction sites without an enclosure However, 1) The container or pen must be set back five feet (5') from any abutting finished residential or commercial propene lot line u) Waste containers and pens on construction sties may not be placed m violation of the twenty-file (25') foot sight triangle at mtersectmns b )Developers, builders, or ping from the containers or pens rammed to contain n e Haulers will clean up any spillage of waste that occurs while they are collecting and tiansfeanug waste d Haulers will close and secure the gas of all waste container enclosures when finished collecting and trasfemng waste from any location wnh an enclosure 8 Fmluie to coniply with the regulations under this chapter for haulers, containers, enclosures, of pens at budding sites is a misdemeanor and in addmon the Haulers licenses or pemmts for budding sites may be suspended or revoked Rm ocation or Suspension Heanng The council may consider revocation or suspension of licenses or permits following a heating Notification of this hearing stay be hand delivered by staffol mailed This notification must be marled fine (5) days prim te the heal mg or hand delis ered at least torts -eight (48) hours before the time of such hearing The notice should mdude the date, time, and nature of the s minions and comes of any documentation or reports regarding the uolalion s 1 Haulers with more than three violations of these regulations within a one-year period will be requited to appear before the Connell for review of the ssolations Councl may revoke, suspend or attach additional conditions to Hauler's license 2 Developers builders, or contractors wah more than three siolanons of these regulations w ithin a one-year period will be required to appear before the Council for a review of the violations Council may revoke suspend, or attach additional 8/23/02 condltrons to the perms of the developer, budder, or contractor Section 2 This ordinance will become effective from and alter as date of publication 3 may yiESsM &h day ay of August, 2002