HomeMy WebLinkAbout6.k. Solid Waste and Composting Ordinance Amendment
E X E C U T I V E S U M M A R Y
City Council Regular Meeting: January 5, 2021
AGENDA ITEM: Solid Waste and Composting Ordinance
Amendment
AGENDA SECTION:
Consent
PREPARED BY: Dan Schultz, Parks & Recreation Director AGENDA NO. 6.k.
ATTACHMENTS: Proposed Ordinance Amendment APPROVED BY: LJM
RECOMMENDED ACTION: Motion to approve the attached Ordinance Amending Title 5,
Chapters 1 and 4 regarding Solid Waste and Composting.
BACKGROUND
In November 2019, the Dakota County Board of Commissioners adopted a revised Ordinance 110, Solid
Waste Management to implement strategies in the 2018-2030 Solid Waste Master Plan to reduce waste
going to landfills, improve the quality of materials recycled, and make progress toward the state’s goal to
recycle 75 percent of waste by 2030. The County Ordinance already included requirements for
municipalities to implement a solid waste abatement program that is consistent with the County’s Master
Plan. But when Ordinance 110 was revised in 2019, the County imposed an additional requirement for
municipalities with populations over 10,000, and that was to update their City Code to be consistent with
and no less restrictive than the amended Ordinance 110. The updated City Code cannot contradict
Ordinance 110 and must allow the County to enforce its requirements.
Among other changes, the updated City Code must:
• Require property owners of multi-unit residential buildings to recycle and implement best
practices,
• Require event sponsors, owners and operators of large event venues with organics to
recycle and collect organics and implement best practices,
• Include definitions modified or added during the 2019 Ordinance 110 update.
At the request of City staff, Mary Tietjen and Sam Ketcham, from Kennedy-Graven, reviewed the City
Code Update requirements and guidelines provided by Dakota County and prepared the proposed changes
to Title 5, Chapters 1 and 4 of the Rosemount City Code regarding solid waste and composting. There are
some definitions common to both Chapter 1 and Chapter 4 of Title 5, so when these definitions were
updated in the solid waste chap ter, it necessitated an update of the composting chapter as well.
Since it must be consistent with but no less restrictive than the amended Ordinance 110, many of the
provisions of these proposed changes to Rosemount’s City Code are incorporated to the Co unty
Ordinance by reference rather than with specific language.
The proposed ordinance amendments are supported by Dakota County staff.
RECOMMENDATION
This is a request for Council to consider approving an Ordinance Amending Title 5, Chapters 1 and 4
regarding Solid Waste and Composting.
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CITY OF ROSEMOUNT
COUNTY OF DAKOTA
STATE OF MINNESOTA
ORDINANCE NO. ________
AN ORDINANCE AMENDING TITLE 5, CHAPTERS 1 AND 4
REGARDING SOLID WASTE AND COMPOSTING
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS AS
FOLLOWS:
Section 1. Title 5, Chapter 1, Section 5-1-1 of the Rosemount City Code is amended as follows:
5-1-1: DEFINITIONS:
BACK-OF-HOUSE: 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.
CLEAN WOOD: Wood that has not been treated, coated, or glued (plywood, oriented strand board,
etc.), including yard waste.
COMMERCIAL or COMMERCIAL GENERATOR: An entity that is not a residential source
generator.
COMPOSTING: Controlled microbial degradation of source separated organic waste to yield a
humus like product or mulch to be used as a soil amendment. The controlled biological
decomposition and management of selected solid waste to produce an innocuous, humus-like
material, which can be used as a soil conditioner.
COMPOSTABLE MATERIAL: Any material that is primarily organic and can be decomposed
through biological activity. Compostable plastics or lined papers must meet ASTM D6400 and
ASTM D6868, respectively, as certified by the Biodegradable Product Institute or other similar
independent certification bodies.
CONSTRUCTION DEBRIS: Waste building materials, packaging and rubble resulting from
construction, remodeling, and repair.
DESIGNATED LIST OF CONTAMINANTS: A list of contaminants approved by the Dakota
County Board of Commissioners and published on the Dakota County Website.
DESIGNATED LIST OF ORGANICS: A list of organic material types suitable for commercial
composting approved by the Dakota County Board of Commissioners and published on the Dakota
County website.
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DESIGNATED LIST OF RECYCLABLES: A list of recyclable materials types approved by the
Dakota County Board of Commissioners and published on the Dakota County website that
represents the minimum haulers must accept and generators must recycle. Generators, facilities and
haulers will have six months to implement any changes after it is published.
DURABLE COMPOSTABLE BAG: A bag used to co-collect organics with mixed municipal solid
waste for the purposes of separating the organics for composting or anaerobic digestion. The
durable compostable bags must meet ASTM standards D6400 or D6868 and be sufficiently durable
to contain the organics through the collection and separation process.
ENCLOSURE: The required area for storage of waste containers between the times of scheduled
collection. This area must conform to the requirements of subsection 5-1-3A3 5-1-3(A)(3) of this
chapter.
FINAL DISPOSAL: Discharge, deposit, injection, uncontrolled dumping, spilling, leaking, or
placing of any solid waste or any constituent thereof that may enter the environment or be emitted
into the air or discharged into any waters, including ground waters.
GARBAGE: Discarded material resulting from the handling, processing, storage, preparation,
serving and consumption of food.
GENERATE: The act or process of producing solid waste, including the production or aggregation
of waste occurring at an intermediate disposal facility.
GENERATOR: Any person whose actions or process(es) produce solid waste.
HAULER: Any person, other than an individual resident hauling his or her own household waste,
who collects or transports any solid waste.
HAZARDOUS WASTE: Any refuse, sludge, spent solutions or other waste material or
combinations of refuse, sludge, spent solutions or other waste materials in solid, semi-solid, liquid
or contained gaseous form which, because of its quantity, concentrations, or chemical, physical or
infectious characteristics may: (a) cause or significantly contribute to an increase in mortality or an
increase in serious irreversible or incapacitating reversible illness; or (b) pose a substantial present
or potential hazard to human health or the environment when improperly treated, stored, transported
or disposed of, or otherwise managed. Categories of hazardous waste materials include, but are not
limited to, explosives, flammables, oxidizers, poisons, irritants and corrosives. Hazardous waste
does not include source, special nuclear, or by-product material as defined by the Atomic Energy
Act of 1954, as amended.
INDUSTRIAL WASTE: All solid waste generated from an industrial or manufacturing process, and
solid waste generated from non-manufacturing activities such as service and commercial
establishments and chemical and debris contaminated soil from spills; property clean up, and
development activities. Industrial waste does not include office materials, restaurant and food
preparation waste, discarded machinery, demolition waste, or household waste.
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INFECTIOUS WASTE: Solid waste that has the meaning given to it in Minnesota Statutes, Section
116.76. Infectious waste includes laboratory waste, blood, regulated body fluids, sharps, and
research animal wastes that have not been decontaminated.
LARGE EVENT VENUE WITH ORGANICS: A public gathering 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 in the back-of-house. Examples include but are not limited to:
concerts, fairs, festivals, community events, athletic tournaments, and parades.
LARGE COMMERCIAL ORGANICS GENERATOR: The following commercial generator
classifications that generate one ton or more of municipal solid waste per week or contract for eight
cubic yards or more per week per location, and generates organics in the back-of-house: restaurants;
grocery stores; food wholesalers, distributors and manufacturers; hotels; hospitals; sports venues;
event centers; caterers; nursing and residential care facilities; office buildings with dining services;
farmers markets; food shelves and food banks; schools, colleges, and universities with dining
services; shopping centers; airports; golf clubs and country clubs; and public/rental kitchens or
shared-use commercial kitchens; and other businesses identified by Dakota County as a large
commercial organics generator.
MIXED MUNICIPAL SOLID WASTE, MUNICIPAL SOLID WASTE, or TRASH: Garbage,
refuse, and other solid waste from residential, 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, motor or vehicle fluids and filters, and other materials collected, processed, and
disposed of as separate waste streams.
MULTI-UNIT RESIDENTIAL BUILDING: Any building with four or more residential units.
MUNICIPALITY: Any incorporated city or township within the boundaries of Dakota County,
Minnesota, or a combination thereof that are included in an agreement for purposes of solid waste
management.
OPERATOR: The person(s) responsible for managing the day-to-day physical handling of solid
waste at a particular site or facility.
ORGANIC MATERIAL or ORGANICS: Food waste and the designated list of organics published
on the Dakota County Website.
PERSON: Any human being, any municipality or other governmental or political subdivision, or
other public agency, any public or private corporation, any partnership, firm, association, or other
organization, any receiver, trustee, assignee, agent, or other legal representative of any of the
foregoing, or any other legal entity.
PROCESSING: When referring to solid waste, means the treatment of solid waste after collection
and before final disposal, and includes all activities after the time the waste is delivered to a
processing facility. Processing includes, but is not limited to: storage; reduction; containment;
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separation; exchange; resource recovery; physical, chemical, or biological modification; and
subsequent transfer from one solid waste facility to another. The storage of solid waste, in and of
itself, does not constitute the treatment of waste necessary to meet this definition.
RECYCLABLE MATERIALS or RECYCLABLES: Any material such as paper, glass, plastic, and
certain metals which are routinely collected and processed for recycling, and which are stored until
the time of scheduled collection. Materials that are suitable for separating from solid waste for the
purpose of recycling including, but not limited to, paper, glass, plastics, metals, automobile oil, and
batteries. Refuse derived fuel or other material that is destroyed by incineration is not a recyclable
material.
RECYCLING: The process of collecting and preparing recyclable materials and reusing the
materials in their original form or using them in manufacturing processes that do not cause the
destruction of recyclable material in a manner that precludes further use.
REFUSE: Something rejected or discarded as worthless or useless.
RESIDENTIAL or RESIDENTIAL SOURCE: Any source from a residential building.
RESIDENTIAL BUILDING: A single family home or a building with residential units.
RESIDENTIAL RECYCLING: A program targeted for collection of recyclable materials from a
residential building.
RESIDENTIAL HAULER: Any waste hauler making regularly scheduled collections of solid waste
or recyclables from single- and multi-family residences.
RESOURCE RECOVERY: The reclamation for sale, use, or reuse of materials, substances, energy,
or other products contained within or derived from waste, including, but not limited to energy
recovery, processing, and composting facilities.
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 non-recyclable material produced by any residential, commercial,
institutional or industrial use. Garbage, refuse, sludge from a water supply treatment plant or air
containment treatment facility, and other discarded waste materials and sludges, in solid, semisolid,
liquid, or contained gaseous form, resulting from industrial, commercial, mining and agricultural
operations, and from community activities, but does not include hazardous waste, animal waste used
as fertilizer, earthen fill, boulders, rock, sewage sludge, solid or dissolved material in domestic
sewage or other common pollutants in water resources, such as silt, dissolved or suspended solids in
industrial waste water effluents or discharges which are point sources subject to permits under
section 402 of the federal Water Pollution Control Act, as amended, dissolved materials in irrigation
return flows, or source, special nuclear, or by-product material as defined by The Atomic Energy
Act of 1954, as amended.
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SOLID WASTE ABATEMENT or SOLID WASTE ABATEMENT PROGRAM: A program for
reducing, reusing, and recycling solid waste.
SOLID WASTE ABATEMENT MESSAGING: The standardized solid waste abatement education
messaging developed by Dakota County and published on the Dakota County Website.
SOURCE SEPARATION: The process whereby generators separate, from mixed municipal solid
waste, materials that will be reused, recycled, used as substitutes for raw material in a
manufacturing process, or converted into a usable soil amendment.
STREET SWEEPINGS: Materials removed from streets, sidewalks, parking lots, and roadways
during routine cleaning by a sweeping operation consisting of sand, sealcoat, tree waste and debris.
Street sweepings do not include any material originating from an industrial spill or contaminated
area.
WASTE CONTAINER: Any container designed and used to contain or store solid waste and
recyclables.
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. Garden wastes, leaves, lawn cuttings, weeds, shrub
and tree waste, and prunings generated at residential, commercial, or public properties.
Section 2. Title 5, Chapter 1, Section 5-1-2 of the Rosemount City Code is amended as follows:
5-1-2: DISPOSAL REQUIRED: GENERAL PROVISIONS AND MUNICIPAL SOLID
WASTE ABATEMENT PROGRAM:
It shall be unlawful for any resident, tenant, property owner, or business owner to fail to dispose of
solid waste, recyclables, and yard waste in a 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.Composting: Every householder or 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 of this title.
A.Intent: It is the intent of this Section to be consistent and no less restrictive than the
Dakota County Solid Waste Master Plan and the same or similar provisions provided by
Section 3.01 and Sections 16.01 through 16.06 of the Dakota County Ordinance No. 110
on Solid Waste Management, as may be amended.
B.General Disposal Requirements:
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1.Collection Required: It shall be unlawful for any property owner, business owner,
manager, resident, or tenant to fail to dispose of solid waste, recyclables, and yard
waste in a sanitary manner at least weekly, with the following exceptions:
a.Residential Recycling: Recyclable materials from residential sources
where each household has its own recycling container for collection shall
be collected by a licensed residential hauler no less frequently than every-
other-week;
b.Composting: Compostable materials may be composted if such
composting meets the standards set forth in Chapter 4 of this title and the
Dakota County Ordinance No. 110 on Solid Waste Management; and
c.Any other exception provided in this Chapter or the Dakota County
Ordinance No. 110 on Solid Waste Management.
2.Compliance with County Ordinance: All property owners, business owners,
managers, residents, and tenants shall otherwise comply with the generator
requirements listed at Section 3.01 of the Dakota County Ordinance No. 110 on
Solid Waste Management.
C.Multi-Unit Residential Buildings: Property owners of multi-unit residential buildings
shall comply with the requirements of Section 16.03(A)(1)-(4) of the Dakota County
Ordinance No. 110 on Solid Waste Management, as may be amended, which are hereby
adopted by reference and made part of this Chapter.
D.Trash, Recycling, and Organics Requirements for Large Event Venues: Event sponsors,
owners, and operators of large event venues shall comply with the trash, recycling, and
organics requirements of Section 16.05 of the Dakota County Ordinance No. 110 on
Solid Waste Management, as may be amended, which are hereby adopted by reference
and made part of this Chapter
E.Labeling: Property owners and managers shall comply with the labeling requirements of
Section 16.06 of the Dakota County Ordinance No. 110 on Solid Waste Management, as
may be amended, which are hereby adopted by reference and made part of this Chapter.
Section 3. Title 5, Chapter 1, Section 5-1-3 of the Rosemount City Code is amended as follows:
5-1-3: CONTAINER REQUIREMENTS:
A.Use Required, Description:
1.Tightly Closed Containers: All solid waste and recyclables accumulating between
the times of collection shall be placed in tightly closed containers specifically
designed for such purpose.
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a.Exceptions:
1.The recyclable container provided through the city may be used to
store and place recyclables at the curb for collection.
2.1. 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.
3.2. Yard waste may be composted or placed in bags designed for
such purposes.
Section 4. Title 5, Chapter 1, Section 5-1-5 of the Rosemount City Code is amended as follows:
5-1-5: COLLECTOR REGULATIONS:
. . .
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 hereof
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. Only haulers licensed as of the effective date of this
ordinance shall be allowed to renew their license. Only haulers currently holding a
residential collection license as of the effective date of this ordinance shall be allowed to
make residential collection.
Section 5. Title 5, Chapter 1, Section 5-1-7 of the Rosemount City Code is amended as follows:
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.
1.Exception: Single Sort Recycling shall be allowed biweekly collection.
Section 6. Title 5, Chapter 1, Section 5-1-7 of the Rosemount City Code is amended as follows:
D. Collector Requirements: Each licensed collector shall comply with the following:
1.Recyclable Materials: Make recycling available to all commercial and residential
customers, with available weekly (or biweekly for single sort recycling) at least
bi-weekly curbside collection of recyclable materials made available to all
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residential customers. The city council may designate by resolution specific
materials for which collection must be available. Recyclable materials shall
consist of those on the designated list of recyclables. Collection of recyclable
materials from such a residential customers 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.
Section 7. Title 5, Chapter 4, Section 5-4-2 of the Rosemount City Code is amended as follows:
5-4-2: 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. The controlled biological
decomposition and management of selected solid waste to produce an innocuous, humus-like
material, which can be used as a soil conditioner.
FOOD WASTE: Vegetable, fruit and other organic waste resulting from the handling, preparation,
cooking and consumption of food, except for meat, bones, whole eggs and dairy products.
MIXED MUNICIPAL SOLID WASTE: Garbage, refuse and other solid waste from residential,
commercial and community activities that the generator of the waste aggregates for collection.
Garbage, refuse, and other solid waste from residential, 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, motor or vehicle fluids and filters, and other materials collected, processed, and
disposed of as separate waste streams.
ORGANIC WASTE, ORGANIC MATERIAL, or ORGANICS: Yard waste and food waste. It also
includes community available compost ingredients. Food waste and the designated list of organics
published on the Dakota County Website.
SOURCE SEPARATED or SOURCE SEPARATION: Organic waste that is separated from mixed
municipal solid waste at the source by the waste generators for composting in a container. The
process whereby generators separate, from mixed municipal solid waste, materials that will be
reused, recycled, used as substitutes for raw material in a manufacturing process, or converted into a
usable soil amendment.
YARD WASTE: Garden wastes, leaves, lawn cuttings, sawdust, weeds, nonwoody shrub and tree
prunings and twigs no larger than one- fourth inch (1/4") diameter shrub and tree waste, and
prunings generated at residential, commercial, or public properties.
Section 8. This ordinance shall be effective following its passage and publication.
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Adopted this ___ day of _______________, 2020, by the City Council of the City of Rosemount.
___________________________
William H. Droste, Mayor
ATTEST:
___________________________
Erin Fasbender, City Clerk