Loading...
HomeMy WebLinkAbout6.i. Second Reading and Adoption - Storage and Hauling of Solid Waste and RecyclablesAGENDA ITEM: Second Reading and Adoption Storage and Hauling of Solid Waste and Recyclables AGENDA SECTION: Consent PREPARED BY: Dan Schultz, Parks and Recreation Director AGENDA NO. ATTACHMENTS: Draft Ordinance APPROVED BY: Ott RECOMMENDED ACTION: Motion to adopt an Ordinance Amending Title 5, Chapter 1, of the City Code relating to the Storage and Hauling of Solid Waste and Recyclables 4 ROSEMOUNT CITY COUNCIL City Council Regular Meeting Date: December 16, 2008 EXECUTIVE SUMMARY ISSUE During a recent City Council work session, the City Council directed staff to update the City's Solid Waste Hauling Ordinance. Staff were asked to update the ordinance to meet existing conditions and also to look at possibly including a process to limit the number of residential solid waste hauling licenses the City issues. The City Council voiced concern regarding the numerous trips that are being made by residential haulers collecting solid waste and recycling. The Council felt that by reducing the number of collection vehicle trips through a neighborhood, the neighborhood will be safer for children and pedestrians, the amount of wear on the street surface will be reduced, and the total amount of emissions produced by the collection vehicles will decrease., The wear and tear on City streets from one trip made by a garbage truck is comparable to the wear and tear 700 to 800 trips made by a car. The method of "single sort recycling" was also something the City Council wanted all those collecting residential recycling materials to be using by 2011. Single sort recycling allows for all recyclable materials to be put in one container and most often picked up every other week. Staff has not included any language in the ordinance update, but has plans to meet with the haulers and the local solid waste coordinators to further review what impacts might be seen by a single sort collection mandate. Prior to the licensing process for 2011, staff will provide an update, if necessary, before recommending any changes to the collection methods of recycling. BACKGROUND All solid waste /recycling haulers who wish to do business in Rosemount must provide the following: Proof of public liability and workers' 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 $320.00 license fee. The City of Rosemount currently licenses 9 solid waste haulers who pick up at residential properties. SUMMARY Staff has reviewed the existing Solid Waste Ordinance and has made a number of changes to help clarify the ordinance and remove language that is no longer necessary. Staff also addressed the issue of the number of residential haulers, by allowing only haulers licensed as of the effective date of the ordinance to be allowed to renew their license. When a hauler leaves the industry or merges with another hauler, the total number of residential hauling licenses available in Rosemount will automatically be reduced. The City Attorney and staff worked together on the proposed changes and support the attached document. The City Council held the first reading of this ordinance on Tuesday, December 2, 2008 and requested this item be brought back for a second reading and possible approval. Staff is recommending approval of this item. CITY OF ROSEMOUNT COUNTY OF DAKOTA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING TITLE 5, CHAPTER 1, OF THE CITY CODE RELATING TO THE STORAGE AND HAULING OF SOLID WASTE AND RECYCLABLES THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA ORDAINS THAT THE CITY CODE OF THE CITY OF ROSEMOUNT IS AMENDED AS FOLLOWS: Section 1. Section 5 -1 -1 of the Rosemount City Code is amended as follows: 5 -1 -1: DEFINITIONS: COMPOSTING: Controlled microbial degradation of source separated organic waste to yield a humus -like product or mulch to be used as a soil amendment. ENCLOSURE: The required area for storage of waste containers between the times of weekly scheduled collection. This area must conform to the requirements of subsection 5 -1 -3A3 of this chapter. RECYCLABLES: Any solid-waste product material such as paper, glass, plastic, and certain metals which are routinely collected and processed for recycling, collection; 1 RESIDENTIAL HAULER: Any waste hauler making regularly scheduled collections of solid waste or recyclables from single and multi- family residences. SINGLE SORT RECYCLING: A system of collecting_recyclable materials from the same container without requiring the materials to be sorted or separated. SOLID WASTE: Any solid -waste non recyclable material produced by any residential, commercial, institutional or industrial use, and stor-ed-until t e eolle do WASTE CONTAINER: Any container designed and used to contain or store solid waste and recyclables, collection: YARD WASTE: Any waste normally generated in the maintenance of yards and property such as garden waste, leaves, lawn cuttings, sawdust, weeds, non -woody shrub and tree prunings and twigs no larger than one fourth inch (1/4) diameter. which meekly-collection: Section 2. Section 5 -1 -2 of the Rosemount City Code is amended as follows: 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, and yard waste, sanitary manner at least once each week. A. Exceptions: 1. Single Sort Recycling: Single sort recyclable containers, with securely closing lids, shall be allowed biweekly collection. 2. Every property owner, occupant, or tenant of any premises who composts shall do so in an environmentally sound manner, and shall meet the standards set forth in Chapter 4., Section Title 5 of the City Code. Section 3. Section 5 -1 -3 of the Rosemount City is amended as follows: 5 -1 -3: CONTAINERS, REQUIREMENTS: A. Use Required, Description: 1. Tightly Closed Containers: All solid waste and recyclables e accumulating between the times of collection shall be placed in tightly closed containers specifically designed for such purpose. a. Exceptions: 1) The recyclable container provided through the city may be used to store and place recyclables at the curb for collection. 2) All composting must occur in a container constructed of wood, wire mesh, concrete block, or a combination thereof, or in a commercially available compost bin designated for composting organic waste. 3) Yard waste may be composted or placed in bags designed for such purpose. 2 times of collection. 2. 3-.- Placement; Enclosure: All waste containers shall be kept in an enclosure that meets the requirements of subsection A3 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. Nor does it apply to the placement of composting containers on residential properties. 3. 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, and yard waste. 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 A 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. (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. 3 (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, 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. i. Exceptions: (1) This section shall not apply to the construction, size, or location of composting containers on residential properties which are covered in Chapter 4, Section Title 5 of the City Code. (2) Waste containers, or pens, on construction sites need not be screened and may be placed on construction sites without an enclosure. However: (a) The container or pen must be set back five feet (5') from any abutting finished residential or commercial property lot line. (b) Waste containers and pens on construction sites may not be placed in violation of the twenty five foot (25') sight triangle at intersections. (3) Developers, builders, or contractors on site are responsible for maintaining the waste container or enclosure at a construction site to prevent trash, refuse, and debris generated by the building project from spilling, blowing, or in anv way escaping from the containers or pens required to contain it. 4 Section 4. Section 5 -1 -5 of the Rosemount City is amended as follows: 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 F 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. As part of the license C. Insurance Required, Issuance: application, the applicant shall provide a pe i y 4 he city clerk proof of publie4iability insurance with coverage amounts as may be required by the city council and under the conditions imposed by the ordinances of the city. The city clerk shall then issue and deliver the license. 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. 5 F. Yard Waste Disposal: Effective March 1, 1989, a All yard waste shall be disposed of at compost facilities designated or approved by Dakota County or composted on the property in compliance with Chapter 4, of this section Title 5 of the City Code. G. Compliance With County Ordinance: All license applicants must also be licensed by Dakota County and comply with all applicable provisions in Dakota County ordinances, including the reporting requirements. H. Limitations on Licensing: The City Council, in the interest of maintaining healthful and sanitary conditions in the City, hereby reserves the right to specify and assign certain areas to all licensees, and to limit the number of licenses issued. The Council finds that by reducing the number of collection vehicle trips through a neighborhood, the neighborhood will be more safe for children and pedestrians, the amount of wear on the street surface will be reduced, and the total amount of emissions produced by the collection vehicles will decrease. Only haulers licensed as of the effective date of this ordinance will be allowed to renew their license. When a hauler leaves the industry or merges with another hauler, the total number of residential hauling licenses available in Rosemount will automatically be reduced. L No Vested Right: No hauler licensed under this Chapter will gain a vested right in the license. The City Council may, upon a finding of public necessity, determine to establish another means of solid waste collection. Section 5. Section 5 -1 -6 of the Rosemount City is amended as follows: 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, recyclables, and yard waste collected shall be conveyed to the place designated in his the license 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. Section 6. Section 5 -1 -7 of the Rosemount City is amended as follows: 5 1 7: COLLECTION REQUIREMENTS, REGULATIONS: 6 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 the collector he is licensed to collect solid waste or yard waste. a. Exception: Single Sort Recycling shall be allowed biweekly collection. 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. 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. D. Collector Requirements: Each licensed collector shall comply with the following: 1. Recyclable Materials: Make available weekly (or biweekly for single sort recycling) curbside collection of recyclable materials to all residential customers. The e City e 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. quarter. (Ord. XIV.16, 11 7 1995, cff. 1 1 1996) 5.3. Collection Of Waste And Recyclable Materials By Refuse Residential Haulers: Haulers shall conduct collections as follows: a. West of Akron Avenue collection may occur only on Monday or Tuesday. 7 b. East of Akron Avenue collection may occur on any day of the week. 6. 4. Hours Of Collection: Haulers shall conduct collections 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. 5. Placement of waste containers and mandatory use of enclosures: Haulers shall conduct collection as follows: a. After they have emptied the containers, 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. b. (4) No waste containers may be placed or delivered so as to be in that are in violation of city ordinance. c. (2) No waste containers may be placed within the driving or parking lanes of public streets, roads, or highways. (3) Exceptions: Heweveri. d. (E) Haulers will clean up any spillage of waste that occurs while they are collecting and transferring waste. e. (D) 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 Section 6. Section 5- 1- 7(D)(8) of the Rosemount City is amended as follows: 5 1 9: PENALTY: g. A. Misdemeanor: Violation: Failure to comply with this Chapter t regu'ation undef is a misdemeanor. rcvokcd. B. Suspension or Revocation of License: The Ci Council may also suspend or revoke a hauler's license for violation of this Chapter, applicable Dakota County ordinances, or any other applicable laws or regulations. Prior to suspending or revoking a license, the Council must first hold a hearing, with fivej5) days' advance notice to the licensee. The notice will include the date, time, and nature of the violations and copies of any documentation or reports regarding the violation. Section 7. This Ordinance shall be in effect following its passage and publication. ADOPTED this day of 2008, by the City Council of the City of Rosemount. ATTEST: Amy Domeier, City Clerk 9 CITY OF ROSEMOUNT William Droste, Mayor