06. Waste Management Agreement and Draft Garbage Ordinance Staff Report
Date of Meeting: December 6, 2023
For: Honorable Mayor and Council
From: Kyle Morell, City Administrator
Subject: Waste Management Agreement and Draft Garbage Ordinance
This report aims to update the Council on the negotiations with Waste Management (WM) and
recommend the following steps as the city determines how best to provide waste and recycling
services to Scandia residents.
Background:
At the January 4, 2023, meeting, the Council directed staff to pursue an organized collection
system for trash and recycling services. Organized collection is an optional use of the city’s
authority to choose the waste hauler(s) to serve the community. The price households pay in
an organized collection system is generally lower per month for similar service levels than in an
open collection system due to increased efficiencies from serving every household in the
community or a particular route.
At the February 1, 2023, meeting, Council approved a notice entering the City into a required
60-day negotiation period with existing haulers. The notice was published on February 8, 2023,
for a negotiation period that ended on April 9, 2023. The Council also appointed a Waste and
Recycling Negotiating Committee consisting of Councilmembers Benson and Lubke, along with
staff and consultants.
The Committee met on February 22, 2023, to discuss what services should be discussed in
negotiations with Waste Management (WM), the city’s only current waste and recycling hauler.
It also reviewed current waste and recycling contracts from other area communities, the City’s
previous contract with SRC for recycling services, and created a detailed list of items to discuss
with WM.
On March 14, four committee members (Hurlburt, Benson, Fischer & Larson) held the first
negotiation meeting with WM representatives Pat Cosgrove, WM Area Public Sector Manager,
and Jason Hartman, WM Public Sector Sales Representative. The same group met again on
March 28, 2023.
Interim Administrator Hurlburt created contract language using the WM contract with the City
of Stillwater as a foundation, adding aspects of other organized collection contracts reviewed
by the Committee. That contract was reviewed by the Committee and Jason Hartman from
WM at our April 18 negotiation meeting.
WM returned the proposed Agreement on May 9 with minor changes. The Negotiation
Committee reviewed the document over email and offered comments to City Attorney Larson,
who made the changes and returned the Agreement to WM.
On Tuesday, May 30, I received a call from WM stating that we have an agreement on an
Organized Collection Agreement. Councilmember Kronmiller suggested changes to the
Contract, which were reviewed and approved by the Council at their August 15 meeting. Those
changes were sent to Waste Management on August 22. They accepted the changes to the
notification time for missed pick-ups and weather delays but rejected the change that gave the
City 6 months to pay assessed balances, opting to keep the time frame at 60 days.
At our September meeting, the Council agreed to amend Section 2 of the Agreement by adding
the phrase “all Residential Dwellings in the City that elected to have contracted hauling
services.” This was done to prevent WM from requiring all residents to have contracted pick-up
by allowing self-hauling for residents. Additionally, our new ordinance was amended to allow
small businesses that generate less than 60 gallons of trash per week to dispose of their trash
by either bringing it home or self-hauling it to a transfer station. On November 9, I was notified
that WM has accepted the self-hauling changes to the Agreement.
Current Proposal:
After confirming the self-hauling language changes, I worked with WM to update the Appendix
A cost figures, as the Agreement would now go into effect on January 1, 2024. The new
amounts represent a 4.3% increase over the original rates. This percentage was determined
using the three-year average of urban consumers (CPI-U) for water, sewer, and trash collection,
as per section 4.2 of the Agreement.
On November 15, I sent WM a clean copy of the Agreement for final review and approval. As of
November 30, they have not responded. The current Agreement is attached for review.
Discussion:
The City has received numerous complaints (between 15 and 20; only six are in writing, and the
rest were over the phone) about the level of service provided by WM over the summer.
Reports of missed pick-ups and leaving glass in the roadway occurred almost weekly.
Additionally, we have been advised by another City that had WM as their contracted recycling
hauler to rethink our planned seven-year commitment. The contract clauses that allow the City
to hold WM accountable for violations require attorneys to address them, making contract
enforcement expensive. The RFP recently awarded for recycling service by the City was for a
fee of $5.58 per month for bi-weekly pick-up. Our current Agreement with WM is for $9.00 per
month for the same recycling service. However, the WM fee for the large container in their
open garage hauling system is $39.91 per month, whereas our contract is around $32.88 per
month.
I spoke with a City that has had WM for decades. They have also had challenges with missed
pick-ups this summer due to staffing shortages. They have concerns over WM’s customer
service center and how long it takes to talk with someone, but overall, they have a favorable
opinion of WM, as evidenced by their long commitment to them.
If Council is second-guessing whether signing the Agreement with WM is the right move for the
City, this is our last chance to transition and put out a Request for Proposal for waste and
recycling service.
I have also attached the final draft garbage ordinance. The council will hold a public hearing at
their December 19 meeting to review and approve the new ordinance language. Both attached
documents are for your review and comment. Action will be taken on both at the December
regular meeting.
Recommendation:
Attachments:
Waste Management Agreement
Draft Garbage Ordinance
MUNICIPAL SOLID WASTE AND RECYCLING
SERVICE AGREEMENT BETWEEN THE
CITY OF SCANDIA AND
WASTE MANAGEMENT OF MINNESOTA, INC.
January 1, 2024 – December 31, 2030
City of Scandia Agreement
TABLE OF CONTENTS
1 TERM OF THE AGREEMENT. .............................................................................................................................. 1
2 SCOPE OF THE AGREEMENT. ............................................................................................................................. 1
3 DEFINITIONS. ......................................................................................................................................................... 1
4 BILLING. ................................................................................................................................................................... 3
5 DISPOSITION OF MATERIALS. .......................................................................................................................... 5
6 COLLECTION LOCATION, SCHEDULE AND DAILY SERVICE HOURS. ..................................................... 5
7 WALK-UP/VALET SERVICE ..............................................................................................................................................
8 VOLUME BASED MSW SYSTEM ......................................................................................................................................
9 MSW TIPPING FEES/HAULER REBATE. ......................................................................................................... 7
10 RECYCLING. ............................................................................................................................................................. 7
11 DATA RETENTION AND REPORTING. ............................................................................................................. 8
12 COOPERATION. ...................................................................................................................................................... 8
13 CUSTOMER SERVICE. ........................................................................................................................................... 8
14 DISPUTE RESOLUTION. ....................................................................................................................................... 8
15 LIQUIDATED DAMAGES .........................................................................................................................................
16 MUNICIPAL FACILITIES AND CITY EVENTS COLLECTION REQUIREMENTS. ....................................... 9
17 EQUIPMENT. ........................................................................................................................................................... 9
18 PERSONNEL REQUIREMENTS. ........................................................................................................................ 10
19 LICENSES AND PERMITS. .................................................................................................................................. 11
20 SCHEDULES. .......................................................................................................................................................... 11
21 CHANGE IN COLLECTION SCHEDULE. ........................................................................................................... 11
22 INSURANCE REQUIREMENTS .......................................................................................................................... 11
23 TRANSFER OF INTEREST. ................................................................................................................................. 13
24 NON‐ASSIGNMENT AND BANKRUPTCY. ...................................................................................................... 13
25 DISPUTE RESOLUTION AND ARBITRATION PROCEDURES. ................................................................. 13
26 PERFORMANCE BOND, PAYMENT BOND. ................................................................................................... 13
27 GENERAL COMPLIANCE. ................................................................................................................................... 13
28 HOLD HARMLESS. ............................................................................................................................................... 14
29 ACCOUNTING STANDARDS. ............................................................................................................................. 14
30 RETENTION OF RECORDS. ............................................................................................................................... 14
31 DATA PRACTICES. ............................................................................................................................................... 14
32 INSPECTION OF RECORDS. ............................................................................................................................... 14
33 APPLICABLE LAW. .............................................................................................................................................. 14
34 AGREEMENT TERMINATION. .......................................................................................................................... 15
35 EMPLOYEE WORKING CONDITIONS AND CONTRACTOR’S SAFETY PROCEDURES....................... 15
36 AGREEMENT AMENDMENTS. .......................................................................................................................... 15
37 MISSED COLLECTIONS AND CLEANUPS. ...................................................................................................... 15
38 CURBSIDE RULES AND REGULATIONS. ........................................................................................................ 15
39 GUARANTY OF NONDISCRIMINATION. ........................................................................................................ 16
40 RENEWAL TERMS. .............................................................................................................................................. 16
APPENDIX “A” ‐ SOLID WASTE & RECYCLING RATES ..................................................................................... 18
APPENDIX “B” ‐ RECYCLABLES ................................................................................................................................ 19
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AGREEMENT
THIS AGREEMENT, made this day of , 2023 (the “Effective Date”) by
and between Waste Management of Minnesota, Inc., “Contractor,” and the City of Scandia, a
municipal corporation of the County of Washington, State of Minnesota, “City;”
1 TERM OF THE AGREEMENT.
The term of this Agreement shall be October 1, 2023 through September 30, 2030.
1.1 The Agreement may be extended upon mutual agreement with the City or
Contractor notifying the other party ninety (90) days in advance of the end of the
Agreement. The Agreement terms and conditions, with the exception of the end
date, shall not change or be modified.
1.2 The City reserves the right to terminate this Agreement for material breach or
unsatisfactory performance by Contractor. Termination shall not affect the City’s
right to make a claim against Contractor or its Performance Bond for the damages
on account for such a breach.
2 SCOPE OF THE AGREEMENT.
The Contractor shall furnish all labor and equipment as shall be necessary and adequate to
provide for the satisfactory collection, transportation, and proper separation and processing
of the Municipal Solid Waste (“MSW”) and Recyclables from all Residential Dwellings in the
City that elect to have contracted hauling services.
3 DEFINITIONS.
All items or phrases used in this Agreement shall have the meaning given to the terms in Minn.
Stat. §§ 115A.01 – 115A.03, the City of Scandia 2040 Comprehensive Plan, the Washington
County Waste Management Master Plan 2012 – 2030, and any updates to those Plans
approved by the City or the County. Specific items listed in each definition shall be considered
examples of the type of Solid Waste or Recyclables within each category.
3.1 “Abatement.” The processes required to remove an assessment once charges have
been certified to the county auditor for collection with the real estate taxes .
3.2 “Appliances.” A device or instrument, especially an electrical device, designed to
perform a specific function for household use. (Examples: washer, dryer, water
heater, toaster, microwave, dehumidifier, air conditioner, etc. “
3.3 “Bulk Waste.” Furniture, large toys, bicycles, lawn mowers, lawn chairs, carpet and
other Solid Waste with weights or volumes greater than those allowed for bags or
Carts. Bulk Waste does not include construction debris, hazardous waste or
Consumer Electronics. (Examples: doors, windows, mattresses, etc.)
3.4 “Cart,” or “Curbside Cart.” Containers for MSW or, Recyclables equipped with
wheels and a lid in the following standardized sizes (approximate capacities):
thirty-five (35) gallon (Small), sixty-four (64)-gallon (Medium), ninety-six (96)-
gallon (Large) further referred to as “Small”, “Medium”, or “Large.”
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3.5 “Collection.” The aggregation and transportation of Solid Waste from the place at
which it is generated and includes all activities up to the time when it is delivered
to a processing facility.
3.6 “Consumer Electronics.” Any discarded device generated in a Residential Unit with
a circuit board, including (but not limited to): televisions, computers, laptops,
tablets, computer monitors, peripherals (e.g., keyboard, printer, mouse, etc.), cell
phones, PDAs, DVD recorders/players and video cassette recorders/players, and
fax machines.
3.7 “Contractor.” The City’s Solid Waste Contractor, Waste Management of Minnesota
Inc. (“WM”).
3.8 “Curb” or “Curbside.” That portion of the right-of-way adjacent to paved or traveled
roadways, including alleys.
3.9 “Curbside Solid Waste and Recycling Services.” The Solid Waste collection services
specified within this Agreement.
3.10 “Disposal.” The treatment, utilization, processing, transfer or deposit of Solid Waste.
3.11 “Excess Household Waste.” Normal household waste that exceeds the capacity of
the resident’s Cart and is subject to a special fee for pick up.
3.12 “Hazardous Wastes.” Defined in state statute, state rule and county ordinance.
Wastes are hazardous in Minnesota when they display one or more of these
characteristics: ignitability, corrosively, reactivity, toxicity, lethality or are an
oxidizer. These materials are not accepted at curbside Solid Wastes collection.
3.13 “Holidays.” Any of the following: New Year’s Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day, and Christmas Day
3.14 “Mixed Municipal Solid Waste (MSW).” Defined in accordance with Minn. Stat. §§
115A.01 – 115A.03, including garbage, refuse, rubbish, trash from residential and
community activities that the generator of the waste aggregates for collection. MSW
does not include auto hulks, street sweepings, ash, construction debris, tree and
agricultural wastes, tires, lead acid batteries, motor and vehicle fluids, filters, and
Hazardous Waste and other materials collected, processed, and disposed of as
separate waste streams. Also referred to in this Agreement as “Solid Waste”.
3.15 “Non targeted materials.” Materials that are not designated mutually by the City and
Contractor as Recyclable.
3.16 “Normal Household Waste.” Mixed Municipal Solid Waste typically generated by
Residential households.
3.17 “Processing.” The sorting, volume reduction, baling, containment or other
preparation of Recyclables delivered to a facility for transportation or marketing
purposes.
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3.18 “Processing center.” A facility in which solid waste and recyclable materials are
processed. The facility will conform to all applicable rules, regulations, and laws of
state, local or other jurisdictions.
3.19 “Recyclables.” - See Appendix “B” for the acceptable and unacceptable materials
list.Contractor reserves the right upon notice to City to discontinue acceptance of any
category of materials set forth above as a result of market conditions related to such
materials and makes no representations as to the recyclability of the materials. .
3.20 “Residential Dwelling” shall include single and two-family dwellings, including
residential manufactured homes .
3.21 “Resource Recovery Facility.” A waste and recycling facility contracted by and/or
operated by the Ramsey/Washington Recycling and Energy Board (R & E Board) in
which Solid Wastes are processed.
3.22 “Senior or Adjusted Accounts.” Residential Dwelling where not more than two
people reside where the head of Residential Dwelling is 62 years of age or older or
has a temporary disability reasonably projected to last greater than 30 days or
permanent disability, regardless of age.
In order to qualify for this program, the resident must:
Be physically unable to wheel their cart to the curb for collection.
Have no other person who can assist them, such as a spouse or other live-in
family member or a personal assistant.
Place the carts within a reasonable distance of approximately 75 feet from
the edge of the roadway.
3.23 “Single-sort Recycling.” The required Recyclables Collection method in which items
designated as “Recyclable materials” or “Recyclables” are placed in a Recycling Cart,
without being sorted, for Curbside Collection.
3.24 “Solid Wastes.” Shall have the same meaning as MSW; the general term for the
Wastes addressed by this Agreement.
3.25 “Yard Waste.” Grass trimmings, leaves, garden wastes, twigs and miscellaneous tree
seeds and cones, and bundled brush not exceeding four (4’) feet in length or forty
(40) pounds per bundle.
4 BILLING.
4.1 Contractor shall be responsible for billing and collecting charges from all
Residential Dwellings serviced under this Agreement. Contractor may apply interest
charges, but no greater than the maximum interest permitted by law shall be applied
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to balances due and unpaid after more than fifteen (15) days beyond the due date.
Contractor shall immediately report to the City all Residential Dwellings that
stop paying for Curbside Solid Waste and Recycling Services.
4.2 Residential Solid Waste & Recycle Material Collection (Fees) and Annual Rate
Increases.
The Contractor’s service fees for Residential Dwellings using Carts for Solid Waste
and Recycling Services (“Service Fees”) shall be determined in accordance with the
fee schedule attached hereto as Appendix “A”. This schedule will be in effect during
the period of October 1, 2023 until December 31, 2023.
Thereafter, the Service Fees shall be increased on January 1 of each year by the
average percentage of the consumer price index for urban consumers (CPI-U) for
water and sewer and trash collection services from November to November of the
previous three years. The disposal fee component of the service fee shall be
increased by the same percentage as any increase in the cost of disposal at the
Resource Recovery Facility.
4.3 Certification of Unpaid Bills. City will certify to Washington County, on an annual
basis, all delinquent Service Fees. These amounts will be assessed on and payable
with the owner of the Residential Dwelling’s property taxes.
As required by Minnesota Statutes to assess Solid Waste delinquent billing
amounts, the Contractor must complete the following Certification process:
Send Notices/Certification Letters to Residential Dwelling Account
Holders/Property Owners of the properties (“Letter”) no later than September
30th each year to meet Minnesota Statute requirements of 45 days to pay before
certification (November 15th each year).
Letter must include the certification amount for Unpaid Balances for July 1st of
previous year thru June 30th of current year and must not consist of delinquent
charges for any other period.
Letter must include Due Date of November 15th for payment of Unpaid Balance
to avoid certification.
Letter must provide a contact name and telephone number of Contractor to
answer questions regarding certification letters, amounts of certifications, etc., to
ensure that customer service does not refer them back to the City.
Provide a copy of all Letters sent to Residential Dwelling Account
Holders/Residential Dwelling Owners to the City no later than September 30th in
electronic form (i.e. flash drive or CD) for the City’s records.
Create Certification list with verified Property ID numbers formatted as
##.###.##.##.#### (County Requirement and supplied to Contractor by the
City) and Amounts for Certification by the 3rd Friday of November.
The Contractor shall provide the City with the list to be certified in an electronic
format.
Any changes in Property ID numbers that were corrected and emailed to the
Contractor by the City the previous year need to be reflected in the current year.
Contractor understands that should any part of the above Certification Process as
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described above is not completed the City will not certify any delinquent billings
to the County until the following year in order to meet Minnesota Statute
assessment requirements.
4.4 Process for Changes (for any reason) after Current Year Certification to the
County.
Contractor must present a written request to the City for the change/abatement.
City staff will present the abatement request to the City Council for approval.
City staff will send the abatement to Washington County.
Certification list for totals remaining due must be adjusted to reflect new expected
payment amounts.
Flat Fee to City of $25.00 per change/abatement, as defined under Section 3,
Definitions, will be deducted from the Final City Payment to Contractor.
4.5 Previous Years Certification Refunds. Should there be any refunds for the
previous year’s abatement, the Contractor will be responsible for refunding the full
amount of the special assessment to the Residential Dwelling Account
Holders/Property Owners.
4.6 Payment of Certification Funds. City will reimburse the Contractor within 60 days
from the completion of the certification process.
5 DISPOSITION OF MATERIALS.
5.1 The responsibility for all Solid Waste collected shall be that of the Contractor from
the time of pick-up. Thereafter, ownership remains with the Contractor until the
Contractor has properly disposed of or marketed the collected materials.
5.2 Contractor shall dispose of Recyclables at a facility for Processing as it deems
advisable, but in compliance with all City, County, State, and Federal laws and rules.
Contractor may not transport the Recyclables to a mixed municipal solid waste
disposal facility and shall not landfill, incinerate, compost, or make fuel pellets out
of the Recyclables; provided the Resource Recovery Facility is operational and has
capacity. The Contractor shall, upon the request of the City, inform the City in
writing of the method of disposal and of any changes in the method.
5.3 Contractor will deliver MSW generated by municipal activities, including waste
services contracts/agreements arranged for by the City on behalf of its residents, to
the Ramsey/Washington County Recycling and Energy Board (R&E Board) Facility
located in Newport, MN.
6 COLLECTION LOCATION, SCHEDULE AND DAILY SERVICE HOURS.
6.1 Contractor shall make MSW curbside pickup at all Residential Dwellings in the City
one time per each week during the term of this Agreement. All MSW from each
Residential Dwelling, shall be collected on the same day.
6.2 Single-sort Recycling shall be picked up every other week on the same day as MSW
is collected.
6.3 Daily service hours shall be between the hours of 7:00 a.m. and 7:00 p.m. No
Collection service shall take place outside of these hours.
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6.4 After the Contractor has picked up the MSW and Recycling from a Residential
Dwelling, the Contractor shall return all carts to a point that does not impede the
roadway.
7 WALK‐UP/ VALET SERVICE.
7.1 The Contractor will provide a walk-up, or valet, service for MSW and Recyclables
Collection for Senior or Adjusted Accounts. For these stops, the Contractor walks
the cart(s) down to the curb, empties the cart(s), and walks the cart(s) back up to
its original location. It is expected that driveways will be maintained in passable
condition, have no greater than a moderate slope (max. 15%), and surface may be
gravel and/or paved.
7.2 This service will be offered at the same rate as the Curbside Solid Waste and
Recycling Services provided in Appendix A. It shall be the responsibility of the City
to maintain and verify service eligibility. In addition, the Contractor shall provide
this service as a temporary option (i.e. a resident recovering from surgery, injury
and/or other temporary physical restriction) or as a re-occurring annual option for
Senior or Adjusted Accounts.
8 VOLUME BASED MSW SYSTEM.
8.1 Volume/Weight-based MSW fees must be offered to each Residential Dwelling, in
compliance with MN Stat. § 115A.93 sub. 3.
8.2 The Contractor shall furnish Carts for MSW in small, medium, and large sizes to
Residential Dwellings. Residents shall be allowed to choose the number and size of
the Cart(s) for their residence to be delivered by Contractor if not already provided
and will be billed according to the Rate Schedule attached as Appendix A. . If the
Contractor chooses to supply Carts that are slightly larger than the sizes listed
above, it shall be considered in compliance with this provision. Carts will remain
the property of the Contractor.
8.3 Carts shall be identified with the name of the Contractor. The City acknowledges
that the majority of carts in use within Scandia bear the name of a company acquired
by the Contractor. The Contractor shall either replace these carts or modify (i.e.
sticker) them to identify them with the WM name no later than January 1, 2025.
8.4 In the event a Residential Dwelling desires collection of MSW in excess of the Cart
size it has selected, the Contractor shall pick up the excess MSW and include on the
Residential Dwelling’s quarterly invoice an amount of $3.00 for each additional
thirty (30)- gallon bag or equivalent of excess MSW.
8.5 The Contractor shall not be obligated to change Cart size more than once annually
and upon less than thirty (30) days’ notice.
8.6 The Service Fee per month per Residential Dwelling shall be as stated on Appendix
A as, “Adopted and amended by resolution of the City Council.”
8.7 Residents who will be continuously absent from the City for more than thirty (30)
days shall be entitled to a reduced rate to $0.00 per month during the period of their
absence. Notification shall be made by the resident that they will be absent for more
than thirty (30) days. Residents are permitted to take up to six (6) months of
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vacation leave in a calendar year in increments of at least thirty (30) days.
9 MSW TIPPING FEES/HAULER REBATE.
9.1 It is agreed by the Contractor and the City that disposal rates are a combination of
tipping fees and hauler rebates. In the event that the net of tipping fees and hauler
rebates increase or decrease in any given twelve (12) -month period, either party
may request a rate adjustment by contacting the other party. Any rate adjustments
shall be negotiated between the parties, and approval will not be unreasonably
withheld. A maximum of one (1) adjustment per twelve (12) -month period is
allowed.
9.2 The tipping fee at the R&E Board Facility in 2023 is One Hundred, Three Dollars and
00/100 Cents ($103.00) per ton The net disposal cost is -$103.00 per ton.
10 RECYCLING.
10.1 The pickup of Recyclables shall be unlimited in quantity. Currently, Yard Waste is
not an option available in the community; Parties agree to mutually negotiate in good
faith to amend this Agreement to include Yard Waste when such an option is
reasonable.
10.2 Residential Dwellings. Contractor shall provide a minimum of one (1) Cart for the
collection of “Single-sort” Recycling per residential unit. Residents shall be allowed
to choose the number and size of the Recycling Cart for their residence at no
additional charge.
10.3 Washington County and the Contractor shall jointly approve the list of Recyclables
collected by Contractor. Contractor may add Recyclables for which it has stable
markets.
10.4 Single-sort Recycling shall be picked up every other week on the same collection
day of the week as a resident’s MSW.
10.5 Contractor shall assist in the Recycling publicity and public education at the request
of the City. Contractor agrees to cooperate in the development and distribution of
educational material to help reduce Solid Waste generation and improve Recycling
practices and disposal attitudes and habits.
10.6 Contractor agrees to replace worn or unreadable Recycling stickers on Carts as part
of the continued education of residents on Recycling
10.7 Contractor shall be responsible for annually informing residents of the “Single- sort”
Recycling program. The City shall be informed and receive copies of all information
distributed to Scandia residents. The City requires the Contractor to publish and
mail to each service address an annual public education flyer that contains the
following Recycling information for City residents:
Annual calendar of curbside Recycling collection dates
List of materials to be included for Recycling
Examples of non-targeted materials that cannot be recycled in the
City’s Recycling program
General information about Curbside Recycling
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How to prepare materials for Recycling
10.8 The Contractor shall provide a link to a website unique to the City of Scandia,
which shall contain, at minimum, the materials distributed to residents and an
annual Recycling calendar.
11 DATA RETENTION AND REPORTING.
11.1 Contractor shall compile and retain Solid Waste data and report county-required
data to Washington County. In addition, the Contractor shall furnish the City copies
of Solid Waste reports that are submitted to Washington County when requested.
Failure to furnish this data to the County within twenty (20) business days of it
being due shall entitle the City to withhold any payments due to the Contractor until
the data is received by the County.
11.2 Contractor must also provide to the City upon request any data generated by
Contractor solely and exclusively for this Agreement that is required by Washington
County including data pertaining to household participation rates.
12 COOPERATION.
Contractor agrees to meet and cooperate with City staff and the City Council when requested
by the City, and to study and evaluate the Solid Waste collection system in order that the
goals of the City’s Comprehensive Plan are realized. If necessary, based upon regulatory
changes and technological advances, Solid Waste services may be modified, such as the
addition of Organic Waste to the Collection system.
13 CUSTOMER SERVICE.
13.1 The Contractor shall maintain a toll-free telephone number for accepting
complaints and resident calls. Customer service representatives shall be available
during the hours between 8:00 a.m. and 4:30 p.m., Monday through Friday, except
Holidays. The telephone number and any subsequent changes shall be given to the
City in writing. Residents may also use WM.com to communicate with customer
service.
13.2 Whenever the City or a resident notifies the Contractor of a location that has not
received scheduled service, the Contractor is required to serve the location no later
than the following business day from the time of the complaint.
13.3 A record of all complaints and action taken thereon shall be kept by the Contractor
and reported monthly to the City. All complaints shall be answered by the
Contractor courteously and promptly.
14 DISPUTE RESOLUTION.
14.1 Contractor shall, in good faith, attempt to settle any dispute arising with residents.
In the event the parties cannot resolve a dispute, the matter shall be submitted to
City staff.
14.2 In the event a dispute shall arise between the Contractor and the City, with respect
to the amount of monthly compensation entitled to the Contractor from the City,
duly appointed City and Contractor representatives should meet and endeavor to
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resolve the differences. In the event the dispute cannot be so resolved, both the City
and Contractor shall be bound by the terms and conditions of this Contract. Disputes
that require legal action will be dealt with in Washington County District Court. This
contract shall be construed in accordance with the laws of the State of Minnesota.
15 LIQUIDATED DAMAGES.
15.1 Contractor agrees, that the City may demand payment from Contractor in the
amounts specified below as liquidated damages for failure of Contractor to fulfill its
contract obligations; provided the Contractor has not cured the failure. .
Failure to respond to legitimate missed pickup within twenty-four (24) hours in a
reasonable and professional manner - Fifty dollars and 00/100 Cents ($50.00)
per incident.
Failure to provide quarterly and/or annual reports - One Hundred Dollars and
00/100 Cents ($100.00) per incident.
Failure to provide residential list or number of carts and dumpsters at each service
level– One Hundred Dollars and 00/100 Cents ($100.00) per incident
Failure to complete the collections within the specified timeframes without proper
notice to the City - One Hundred Dollars and 00/100 Cents ($100.00) per incident.
Failure to clean up spills caused by Contractor during collection operations - Two
Hundred Fifty Dollars and 00/100 Cents ($250.00) per incident.
16 MUNICIPAL FACILITIES AND CITY EVENTS COLLECTION REQUIREMENTS.
16.1 Contractor shall collect and dispose, without additional charge, such MSW and
Recycling as is the responsibility of the City, or which is accumulated by the City, or
for the City, such as street cans and park barrels and Recycling containers, including
Recycling and MSW from all City-owned facilities, which currently are:
City Hall/Community Center, 14727 209th St. N. (6-yard dumpsters for MSW and
recycling)
Public Works/Fire Hall, 15040 Scandia Trail N. including:
o 6-yard dumpsters for MSW and recycling
o Up to two (2) 30-yard demolition roll-offs two (2) times a year
when requested by the Public Work Director
Boat landings owned by the City of Scandia at Goose Lake and Log House Landing
on the St. Croix River to include two 96-gallon MSW bins for each location.
Three community special events, dates to be determined by the city, number and
type of carts or dumpsters to be as requested by the Public Works Director
Annual Cleanup Event, the event dates, equipment to be provided and service rates
to be mutually agreed upon by the parties.
16.2 In the event of a natural disaster within the City, the Contractor may but not be
obligated to make dumpsters available as necessary for the cleanup at a price to be
negotiated at the time the service is rendered.
17 EQUIPMENT.
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17.1 In addition, all Collection Vehicles used in performance of the Agreement shall:
Be marked with the name of the Contractor prominently displayed on both
sides of the truck. The lettering must be at least three (3) inches in height,
Operate within the weight allowed by Minnesota Statutes and local ordinances.
Be duly licensed and inspected by the State of Minnesota.
Have a first aid kit.
Have an approved fire extinguisher.
Have warning flashers.
Have a broom, shovel and absorbent material for cleaning up solid or fluid
spills.
Have warning alarms to indicate movement in reverse.
Have a sign on rear of vehicle. which states “This vehicle makes frequent stops”.
All of the required equipment must be in proper working order.
All vehicles must be maintained in proper working order and be as clean and
free of offensive odors as possible.
18 PERSONNEL REQUIREMENTS.
18.1 Contractor shall retain sufficient personnel and equipment to fulfill the
requirements and specifications of this Agreement.
18.2 Background Checks. All of the Contractor’s employees shall be subject to security
screening and background checks before they can work within the City.
18.3 The Contractor understands that if any of the Contractor’s employees, agents, or
independent contractors are deemed unsuitable due to criminal history, security
violations or lack of citizenship or legal status documentation, they shall be
precluded from engaging in any service under this Agreement. Contractor shall
provide current employee identification (in Contractor’s sole discretion) and legal
status to the City on request throughout the term of the Agreement.
18.4 If requested by City, Contractor shall provide documentation that all of Contractor’s
personnel working within the City have been trained both in program operations
and in customer service, and shall ensure that all personnel maintain a positive
attitude with the public and in the work place, and shall:
Conduct themselves at all times in a safe and courteous manner and use no
abusive or foul language.
Make a concerted effort to have at all times a presentable appearance and
attitude.
Wear a uniform and employee identification badge or name tag.
Drive in a safe and considerate manner.
Manage Carts and multiple dwelling Carts in a careful manner so as to avoid
spillage and littering, or damage to the Cart. Carts should not be thrown once
emptied.
Monitor for any spillage caused by Contractor and be responsible for cleaning
up any litter or breakage which occurred as a result of Contractor’s actions.
Avoid damage to property resulting from Contractor’s negligence.
Not perform their duties or operate vehicles while consuming alcohol or
Page 11 of 22
illegally using controlled substances or while under the influence of alcohol
and/or such substances.
19 LICENSES AND PERMITS.
The Contractor shall ensure that all driver and truck licenses and permits are current and in
full compliance with local, state and federal laws and regulations. Upon request by the City,
Contractor shall make available for inspection all such licenses and permits of Contractor
owned processing facility used to handle material from the City as required by the
appropriate city, county, state and federal laws and ordinances.
20 SCHEDULES.
20.1 Contractor shall furnish the City with a map of the area in which Collections will be
made each day of the week, and the Contractor shall adhere to this schedule unless
permitted otherwise by this Agreement.
20.2 Severe Weather. The Contractor may postpone Collections due to severe weather
at the sole discretion of the Contractor. “Severe Weather” shall include, but not be
limited to, those cases in which snow, sleet, ice or cold temperatures might
jeopardize the safety of the Contractor’s staff or result in unsafe driving conditions.
If Collections are postponed, the Contractor shall notify the City and Customer
within two (2) hours of the determination being made. Upon postponement,
Collection will be made on the immediately following business day or the
immediately following Saturday, whichever is soonest.
21 CHANGE IN COLLECTION SCHEDULE.
21.1 Contractor may request a change in the schedule by requesting the change in
writing to the City at least thirty (30) days from the proposed date of the requested
change. A change shall be affected only upon prior, written authorization from the
City and upon publication at least once in a newspaper of general circulation in the
City during the week before the change.
21.2 Contractor shall not be required to make regular Collection on the following
Holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, and Christmas Day, provided that the routes are collected on the
immediately following business day or the immediately the following Saturday,
whichever is soonest.
21.3 Contractor is responsible to notify residents of any changes in the collection
schedule as a result of the Holidays and Severe Weather.
22 INSURANCE REQUIREMENTS
22.1 Insurance secured by the Contractor shall be issued by insurance companies
acceptable to the City. The insurance specified may be in a policy or policies of
insurance, primary or excess. Such insurance shall be in force on the date of
execution of the Agreement and shall remain continuously in force for the duration
of the Agreement. The Contractor shall provide Certificates of Insurance to the City
as evidence of the required insurance coverage requirements as soon as available
Page 12 of 22
after December 31. Contractor’s policies shall be primary insurance to any other
valid and collectible insurance available to the City with respect to any claim arising
out of Contractor’s performance under this Agreement. Contractor’s policies and
Certificate(s) of Insurance shall contain a provision that coverage afforded under
the policies shall not be cancelled without at least thirty (30) days advanced written
notice to the City or in case of non-payment of premium, at least ten (10) days
written notice of cancellation. Contractor shall obtain insurance policies from
insurance companies having an “AM BEST” rating of A- (minus); Financial Size
Category (FSC) VII or better, and be authorized to do business in the State of
Minnesota. The Contractor and its sub-contractors shall secure and maintain the
following insurance:
A. Workers Compensation Insurance. Workers compensation insurance as specified
by the Minnesota Department of Occupational Health and Safety and federal law.
Coverage shall include Employer’s Liability with minimum limits as follows:
$500,000 – Bodily Injury by Disease per employee
$500,000 – Bodily Injury by Disease aggregate
$500,000 – Bodily Injury by Accident
B. Commercial General Liability Insurance. Contractor is required to maintain
insurance protecting it from claims for damages for bodily injury and property
damage, which may arise from operations under the Agreement, with minimum
limits at or above the maximum municipality liability under Minn. Stat. § 466.04,
as amended, or the minimum limits set forth below, whichever is greater:
$2,000,000 – per occurrence
$2,000,000 – annual aggregate
$2,000,000 – annual aggregate – Products/Completed Operations
The following coverages should be included:
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
Blanket Contractual Liability
Products and Competed Operations Liability
City must be endorsed as an Additional Insured
C. Business Automobile Liability Insurance. Contractor is required to maintain
insurance protecting it from claims for damages for bodily injury and property
damage resulting from the ownership, operation, maintenance or use of all autos
which may arise from operations under this Agreement with minimum limits at
or above the maximum municipality liability under Minn. Stat. § 466.04, as
amended, or as follows, whichever is greater:
$1,500,000 – per occurrence combined single limit for bodily injury
and property damage
This insurance includes a cause of loss where there is a spill of fuels and
lubricants used in the vehicle for its operation.
An Umbrella or Excess Liability Insurance policy may be used to supplement the
policy limits on a follow-form basis to ratify the full policy limits required by the
Page 13 of 22
Agreement.
23 TRANSFER OF INTEREST.
23.1 The Contractor shall not assign any interest in the Agreement, and shall not transfer
any interest in the Agreement, either by assignment or notation, without the prior
written approval of the City. The Contractor shall not subcontract any services
under this Agreement without prior written approval of the City. Failure to obtain
such written approval by the City prior to any such assignment or subcontract shall
be grounds for immediate Agreement termination.
24 NON‐ASSIGNMENT AND BANKRUPTCY.
24.1 The parties hereby agree that the Contractor shall have no right to assign or transfer
its rights and obligations under said Agreement without written approval from the
City. In the event the City or its successors or assigns files for bankruptcy as
provided by federal law, this Agreement shall be immediately deemed null and void
relieving all parties of their contract rights and obligations.
25 DISPUTE RESOLUTION AND ARBITRATION PROCEDURES.
The parties agree that any controversy or claim arising out of or relating to this Agreement
or the breach thereof, shall be settled, at the option of either party, by arbitration in
accordance with the Rules of the American Association of Arbitration and judgment upon
the award by the arbitrator(s) may be entered in any court with jurisdiction thereof.
26 PERFORMANCE BOND.
This Agreement specifies requirements for a performance bond in the case of the
Contractor’s failure to perform contracted services. The performance bond shall be for a
minimum of $300,000. The responsibility for renewal is the responsibility of the
Contractor.
27 GENERAL COMPLIANCE.
27.1 The Contractor agrees to comply with all applicable local, state and federal laws
Independent Contractor.
27.2 Nothing contained in this Agreement is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer/employee
between the parties. The Contractor shall at all times remain an independent
Contractor with respect to the services to be performed under this Agreement. Any
and all employees of Contractor or other persons engaged in the performance of
any work or services required by Contractor under this Agreement shall be
considered employees or subcontractors of the Contractor only and not of the City;
and any and all claims that might arise, including worker's compensation claims
under the Worker's Compensation Act of the State of Minnesota or any other state,
on behalf of said employees or other persons while so engaged in any of the work
or services provided to be rendered herein, shall be the sole obligation and
responsibility of the Contractor.
27.3 The City warrants that City's property is sufficient to bear the weight of Contractor's
equipment and vehicles and agrees that Contractor shall not be responsible for any
damage to City's pavement or any other surface resulting from the equipment or
Page 14 of 22
Curbside Solid Waste and Recyclable Services.
28 HOLD HARMLESS.
28.1 The Contractor agrees to defend, indemnify and hold harmless the City and its
council members, officers, and employees from any liabilities, claims, damages,
costs, judgments, and expenses, including attorney’s fees, resulting directly or
indirectly from negligent act or omission, misfeasance or malfeasance of the
Contractor, its employees, its agents, or employees of subcontractors, in the
performance of the services provided by this Agreement. If a Contractor is a self-
insured agency of the State of Minnesota, the terms and conditions of Minnesota
Statute § 3.732, et seq., shall apply with respect to liability bonding, insurance and
liability limits.
29 ACCOUNTING STANDARDS.
29.1 The Contractor agrees to maintain the necessary source documentation and enforce
sufficient internal controls as dictated by generally accepted accounting practices
to properly account for expenses incurred under this Agreement.
30 RETENTION OF RECORDS.
30.1 The Contractor shall retain all records pertinent to expenditures incurred under
this Agreement for a period of six (6) years after the resolution of all audit findings.
Records for non-expendable property acquired with funds under this Agreement
shall be retained for six (6) years after final disposition of such property.
31 DATA PRACTICES.
31.1 The Contractor agrees to comply with the Minnesota Government Data Practices
Act as applicable as it applies to all data created, collected, received, stored, used,
maintained, or disseminated by the Contactor in performing any of the City’s
functions under the Agreement in accordance with Minn. Stat Section 13.03 Subd.
(11. The Contractor must immediately report to the City any requests from third
parties for information relating to this Agreement. The City agrees to promptly
respond to inquiries from the Contractor concerning data requests.
31.2 All proposals, such as those for post-disaster assistance, shall be treated as non-
public information until the proposals are opened for review by the City. At that
time the proposals and their contents become public data under the provisions of
the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13.
32 INSPECTION OF RECORDS.
32.1 All Contractor records with respect to any matters covered by this Agreement shall
be made available to the City or its designees at any time during normal business
hours, as reasonably often as the City deems necessary, to audit, examine, and make
excerpts or transcripts of all relevant data.
33 APPLICABLE LAW.
33.1 The laws of the State of Minnesota shall govern all interpretations of this
Agreement, and the appropriate venue and jurisdiction for any litigation which may
arise hereunder will be in those courts located within the County of Washington,
State of Minnesota, regardless of the place of business, residence or incorporation
Page 15 of 22
of the Contractor.
34 AGREEMENT TERMINATION.
34.1 Either the City or the Contractor may cancel the Agreement if the other party fails
to fulfill its obligations under the Agreement in a proper and timely manner, or
otherwise violates the terms of the Agreement if the default has not been cured after
thirty (30) days written notice has been provided.
34.2 The City shall pay Contractor all compensation earned prior to the date of
termination minus any damages and costs incurred by the City as a result of the
breach. If the Agreement is canceled or terminated, all finished or unfinished
documents, data, studies, surveys, maps, models, photographs, reports or other
materials prepared by the Contractor solely and exclusively for the City under this
Agreement shall, at the option of the City, become the property of the City, and the
Contractor shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents or materials prior to the
termination.
35 EMPLOYEE WORKING CONDITIONS AND CONTRACTOR’S SAFETY PROCEDURES.
The Contractor will ensure adequate working conditions and safety procedures are in place
to comply with all applicable local, state and federal laws and regulations. The City reserves
the right to inspect on a random basis all trucks, equipment, facilities, working conditions,
training manuals, records of claims for worker's compensation or safety violations and
standard operating procedures documents.
36 AGREEMENT AMENDMENTS.
Any amendments to this Agreement shall be valid only when reduced to writing, and duly
signed by the parties.
37 MISSED COLLECTIONS AND CLEANUPS.
37.1 If the Contractor shall fail to make a Collection at any residence, it shall do so by the
end of the next business day after notification is received by Contractor from the
City or resident of the address where the Collection was not made.
37.2 If the Contactor’s operations result in the damage or destruction of an MSW or
Recycling Cart, it shall replace the Cart within one (1) week after notification from
the City or resident of the address where the Cart was damaged. If a Cart is damaged
by the actions of the Residential Dwelling, the Contractor shall replace the cart
within (1) week after notification from the City or resident of the address and bill
the resident for the value of the Cart. Regardless of cause, Contractor shall replace
materially damaged or destructed carts as soon as practical.
37.3 The Contractor shall also respond promptly upon request by the City to clean up
any spills, loose Solid Waste, Solid Wastes blown out or vehicles or leakage of
vehicle fluids that result from Contractor’s operations. The Contractor shall
promptly clean up any of the above if observed by employees or notified of same
during the route.
38 CURBSIDE RULES AND REGULATIONS.
38.1 The City agrees to enact and to continue in effect reasonable regulations obligating
Page 16 of 22
its citizens to make the MSW and Recycling Carts reasonably accessible to the
Contractor on the day of Collection.
38.2 The City agrees to include in the Solid Waste and Recycling Ordinance of the City to
require at least the following regulations, rules and consumer requirements:
1. That residential Curbside Solid Waste and Recycling Services are mandatory
and collectable only by the Contractor;
2. That the Residential Dwelling shall be responsible for the damage or loss of a
Cart caused by their negligence and shall be liable to the Contractor for this
damage, except that reasonable wear is expected;
3. Under this Agreement, Contractor is not responsible for collection of yard waste,
bulk items or Hazardous Waste;
4. That no Cart be unreasonably compacted by stuffing or otherwise;
5. That a thirty (30) -gallon bag of Solid Waste shall not exceed thirty (30)
pounds;
6. Contractor shall not be obligated to collect Recyclables contained in bags of
any size or material.
7. After Collection by the Contractor, Cart shall be returned by the Contractor to
a point that does not impede the roadway.
39 GUARANTY OF NONDISCRIMINATION.
39.1 Contractor agrees that during the life of the Agreement, the Contractor will not,
within the State of Minnesota, discriminate against any employee or applicant for
employment because of race, color, creed, national origin or ancestry or sex and will
include a similar provision in all subcontracts entered into for the performance
thereof.
39.2 The Agreement may be cancelled or terminated by the City and all money due or to
become due may be forfeited for a second or subsequent violation of the terms or
conditions of this paragraph. This paragraph is inserted in the Agreement to comply
with the provisions of Minnesota Statutes§ 181.59.
40 RENEWAL TERMS.
40.1 Nothing in this Agreement shall be construed to require an extension of this
Agreement. At the expiration date of the Agreement, the Agreement shall continue
on a month-to-month basis, provided Contractor has the right to increase rates per
section 4.2 above if Agreement extends past December 31, 2030, until the City and
Contractor upon mutual agreement extend the Agreement, or either Party provides
written notice of termination in the preceding month, or the City may invite
additional Agreement applications or proposals.
The remainder of this page is intentionally blank.
Page 17 of 22
IN WITNESS WHEREOF, the Parties have caused this to be executed in form and manner sufficient to bind
them at law as of the Effective Date.
Waste Management of Minnesota, Inc.
Thomas Beaulieu, Area Vice President
City of Scandia
Christine Maefsky, Mayor
Kyle Morell, City Administrator
Page 18 of 22
APPENDIX “A” ‐ SOLID WASTE & RECYCLING RATES
2024 Monthly Service Fees Per Residential Dwelling, not Including Minnesota Solid Waste Taxes and
the County Environmental Charge
Small/ 35 Gallon Medium/ 64 Gallon Large/ 96 Gallon
MSW Collection $ 13.04 $13.04 $13.04
MSW Disposal $ 5.28 $7.76 $10.45
Bi-Weekly Recycling $9.39 $9.39 $9.39
Total $27.71 $30.19 $32.88
Page 19 of 22
APPENDIX “B” ‐ RECYCLABLES
pw:\Washington Co PHE MN\0020W001.00\10300 Draft Documents\Scandia\SWM Ordinance Project\Scandia Solid Waste and Recycling
Management Ordinance - 8-30-23.docx
Scandia, Minnesota Ordinances
Ordinance No. ###
Scandia Solid Waste and Recycling Management Ordinance No. ###.
Date Approved: December 19, 2023
Date Published: December ____, 2023
Table of
Contents
52.01 Purpose, Scope and Authority
52.02 Definitions
52.03 Collection by the City; City Rights and Duties
52.04 Collection and Transportation Requirement
52.05 Residential Carts
52.06 Cart Damage, Prohibited
52.07 Cart Placement and Time of Day
52.08 Recycling
52.09 Preparation
52.10 Rates, Fees, and Collection of Charges
52.11 Required collection of mixed municipal solid
waste
52.12 Inspection
52.13 License Review
52.14 Hours of Operation
52.15 Scavenging
52.16 Contracted Haulers
52.17 Violation
52.18 Backyard Compost Sites
52.19 Liquidated Damages
52.20 Burying and Burning Prohibited
52.21 Land Application of Wastes
52.22 Reporting
52.23 Illegal Dumping
52.24 Solid Waste Disposal Prohibition
52.25 Enforcement
52.26 Depositing waste into public property
52.27 Abandonment and storage of bulky waste
52.28 Throwing litter from vehicles
52.29 Additional Requirements and Provisions
52.01 Purpose, Scope, and Authority
This adopted Ordinance is the City's goal to improve solid waste management, achieve a reduction in waste
generated, and to serve to these additional purposes:
a. To protect the public health, safety, comfort, convenience, and general welfare of the residents of
the city.
b. Encourage the separation and recovery of materials and energy from waste.
c. To establish powers, duties, rules, regulations, and standards for the removal of solid waste from
the city.
d. Promote best management practices in solid waste management to protect air quality, water
quality, and natural resources.
e. Provide high-quality solid waste and recycling services in the most cost-effective manner possible.
f. To promote programs and recommend policies to reduce waste and promote yard waste reduction
through the separation of recyclables and yard and garden wastes, and encourage the purchasing of
products that are most durable or contain recycled or recyclable materials.
g. To meet minimum standards and requirements established by the rules of the Minnesota Pollution
Control Agency regarding solid waste.
h. To assure that the city complies with the city's current comprehensive plan, the current
Washington County Solid Waste Management Plan, and any updates to those plans approved by
the city or the county.
i. To provide for the administration of the ordinance. The city has authority to enact ordinances for
these purposes under Minn. Stat. § 412.221, subd. 22, which requires the city council to provide
for or regulate the disposal of garbage, recycling, and other solid waste.
This Ordinance is intended to protect, support, and promote the health, welfare, and safety of the public pursuant to
Minnesota Statutes, Chapters 115A, 145A, 375, 400, and 473. This Ordinance is subject to change as necessary to
reflect updated State of Minnesota Statutes.
Certain Terms
For the purpose of this Ordinance, the words “shall” and “must” are interpreted as mandatory and the words
“should” and “may” are permissive.
52.02 Definitions
In addition to the terms set forth in this section, this Ordinance incorporates by reference terms defined in the Waste
Management Act, Minnesota Statute 115A.01 et seq. For the purpose of this section, the terms used herein shall
have the following meaning:
Acceptable Household Quantities
Acceptable Household Quantities means waste that is otherwise Unacceptable Waste, but is contained in garbage,
refuse, and municipal Solid Waste from household activities. For the purpose of this definition, “household”
includes any residential dwelling unit or place of transient residence.
Acceptable Non-Household Waste
Acceptable Non-Household Waste means waste that is otherwise Unacceptable Waste but is contained in garbage,
refuse, and municipal Solid Waste generated from commercial, industrial, or community activities, where the
quantity of such Unacceptable Waste contained in any load delivered to the Designated Facility does not constitute a
significant portion of such load. No amount of Hazardous Waste that is regulated by law is Acceptable Waste.
Acceptable Waste
Acceptable Waste means waste that is acceptable at the Designated Facility. Acceptable waste shall include garbage,
refuse, and other municipal Solid Waste from residential, commercial, industrial, and community activities that is
generated and collected in aggregate and is not otherwise defined herein as Unacceptable Waste. No amount of
Hazardous Waste or Infectious Waste that is regulated by law is acceptable at the Designated Facility.
Acceptable waste shall also include Acceptable Household Quantities and Acceptable Non-Household Waste, as
defined herein. All household waste is Acceptable Waste unless it is otherwise regulated or prohibited by law.
Air Contaminant
Air Contaminant means the presence in the outdoor atmosphere of any dust, fume, mist, smoke, vapor, gas, or other
gaseous fluid, or particular substance, differing in composition from or exceeding in concentration, the natural
components of the atmosphere.
Backyard Compost Site
Backyard Compost Site means a Site used to Compost food scraps, garden wastes, weeds, lawn cuttings, leaves, and
prunings from a residential property, multi-unit residence, or a commercial office, by an Owner, occupant, or lessee
of the property.
Bulk Waste or Bulky Waste
Furniture, large toys, bicycles, lawnmowers, lawn chairs, carpet, and other Solid Waste with weights or volumes
greater than those allowed for bags or Carts. Bulk Waste does not include construction debris, hazardous waste, or
Consumer Electronics.
Cart or Curbside Cart
Cart or Curbside Cart means a container for Mixed Municipal Solid Waste (MMSW) or Recyclables, which is
equipped with wheels and a lid, in the following standardized sizes (approximate capacities): thirty-five (35)-gallon
(Small), sixty-four (64)‐gallon (Medium), ninety-six (96)‐gallon (Large), further referred to as “Small,” “Medium,”
or “Large.”
City
City means City of Scandia, Minnesota.
City Council
City Council means the elected government representatives for the City of Scandia, consisting of the Mayor and
Council Members.
Collection
The aggregation and transportation of Solid Waste from the place at which it is generated and includes all activities
up to the time when it is delivered to a processing facility.
Commercial establishment
Any premises upon which a commercial or industrial enterprise of any kind is carried on, including restaurants,
clubs, and churches and, for the purposes of Solid Waste licensing, Multi-unit residences.
Compost
Compost is the product resulting from the controlled biological decomposition of organic material that has been
sanitized through the generation of heat and stabilized to the point that it is beneficial to plant growth and can be
used as a soil amendment without further processing.
Consumer Electronics
Any discarded device generated in a Residential Unit with a circuit board, including (but not limited to): televisions,
computers, laptops, tablets, computer monitors, peripherals (e.g., keyboard, printer, mouse, etc.), cell phones,
personal digital assistants (PDAs), digital video disc (DVD) recorders/players and video cassette recorders/players,
and fax machines.
Containment
Containment means isolating, controlling, and monitoring waste in a Waste Facility that prevents a release of waste
from the Facility.
Contractor
The City’s current solid waste and recycling collection contractor.
Counties
Counties are the Counties participating in the Regional Hauler Licensing Program and include: Anoka, Carver,
Dakota, Hennepin, Ramsey, Scott, and Washington Counties.
County
County (singular) means Washington County.
County Board
County Board is the Washington County Board of Commissioners.
Curb or Curbside
That portion of the right‐of‐way that is adjacent to paved or traveled roadways, including alleys.
Designated Facility
Designated Facility means the Ramsey/Washington County Recycling & Energy Center (R&E Center) located at
100 Red Rock Road in Newport, Minnesota 55055, to which Acceptable Waste is required to be delivered.
Disposal Facility
Disposal Facility is a Waste Facility licensed by Washington County that is designed and operated for the purpose of
disposing of waste on or in the land, together with any appurtenant Facilities needed to process waste for Disposal or
transfer to another Waste Facility.
Excess Household Waste
Normal household waste that exceeds the capacity of the resident’s Cart and is subject to a special fee for pickup.
Facility
Facility refers to all contiguous land, structures, monitoring devices, and other improvements on the land used for
monitoring, treating, storing, or disposing of Solid Waste, Leachate, or residuals from Solid Waste Processing.
Food Scraps
Food scraps are discarded organized waste from unused food or food residue.
Food Scraps Pickup Program
Ramsey and Washington counties’ food scraps pickup program is a program that allows Ramsey and Washington
county participants to collect and dispose of food scraps using program-specific bags that are co-collected with
mixed municipal solid waste. After collection, the program-specific bags are separated from mixed municipal solid
waste and recycled. Material to be collected shall follow the food scraps pickup program's list of accepted material.
Generate
Generate means the act or process of producing waste, including the production or aggregation of waste occurring at
intermediate, transfer, Processing, or Disposal Facilities.
Generator
Generator means any person who generates compostable, recyclable, or Solid Waste material(s).
Hauler
Hauler means any person, firm, corporation, association, partnership, or other entity, that collects or transports
MMSW that is Generated in the City. Hauler includes any solid waste collection vendor that may be hired for
general residential purposes, such as demolition, renovation, landscaping, etc. Hauler includes solid waste
collection vendors contracted directly with commercial businesses for regular waste and recyclable materials
collection. Hauler includes a City-contracted hauler or Contractor. Hauler does not mean a Person hauling his or
her own residential household waste.
Hazardous Waste
Hazardous Waste is defined in state statutes, state rules, and county ordinances. Wastes are hazardous in Minnesota
when they display one or more of these characteristics: ignitability, corrosively, reactivity, toxicity, lethality, or are
an oxidizer. These materials are not accepted at curbside Solid Waste collection.
Holidays
Any of the following: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and
Christmas Day.
Incineration
Incineration means the process by which materials are burned for the purpose of volume and/or weight reduction in
Facilities designed for such use.
Infectious Waste
Infectious Waste means laboratory waste, blood, regulated body fluids, sharps, and research animal waste that have
not been decontaminated.
Landspreading/Land Application
Landscaping/Land Application means the placement of waste or waste by-products on or incorporated into the soil
surface.
Landspreading/Land Application Site
Land Spreading/Land Application Site means any land used for the purpose of Landspreading or the Land
Application of waste or waste by-products.
Leachate
Leachate means liquid that has percolated through Solid Waste and has extracted, dissolved, or suspended materials
from it.
Licensee
Licensee means the landowner, Owner, Operator, or other Person or Persons given authority by Washington County
to establish, operate, and maintain a Solid Waste Management activity, Disposal Site or Facility.
Major Appliances
Major Appliances means, but is not limited to, clothes washers and dryers, dishwashers, water heaters, heat pumps,
furnaces, garbage disposals, trash compactors, conventional and microwave ovens, ranges and stoves, air
conditioners, dehumidifiers, refrigerators, and freezers. A device or instrument, especially an electrical device,
designed to perform a specific function for household use.
.
Medical Waste
Medical Waste includes Infectious Waste and waste originating from the diagnosis, care or treatment of a Person or
animal, or waste resulting from biological research, whether or not the waste has been decontaminated.
Mixed Municipal Solid Waste (MMSW)
Mixed Municipal Solid Waste is defined in accordance with Minn. Stat. §§ 115A.01 – 115A.03, including garbage,
refuse, rubbish, trash from residential and community activities that the generator of the waste aggregates for
collection. MMSW does not include auto hulks, street sweepings, ash, construction debris, tree and agricultural
wastes, tires, lead acid batteries, motor and vehicle fluids, filters, and Hazardous Waste and other materials
collected, processed, and disposed of as separate waste streams.
MPCA
MPCA is the Minnesota Pollution Control Agency.
Multi-Unit Residence (MUR)
Any building consisting of more than four units, each with individual kitchen facilities.
Normal Household Waste
Normal Household Waste means Mixed Municipal Solid Waste typically generated by Residential households.
Open Dump
Open Dump means a land Disposal Site at which Solid Waste is Disposed of in a manner that does not protect the
environment, is susceptible to open burning and is exposed to the elements, flies, rodents, and scavengers.
Operator
Operator means the Person or Persons responsible for the operation of a Solid Waste Facility.
County Ordinance
Ordinance means Ordinance No. 202, the Washington County Solid Waste Management Ordinance.
Ordinance
Ordinance means Ordinance No. ##, the City of Scandia Mixed Municipal Solid Waste and Recycling Ordinance.
Property Owner
A person who legally owns a residential property, multi-unit residence, or a commercial office.
Person
Person means 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 and with
respect to acts prohibited or required herein, shall include employees or Licensees.
Processing
Processing means the treatment of Solid Waste after collection, including all activities after the time the waste is
delivered to a Waste Facility. Processing includes but is not limited to Disposal, storage, Containment, separation,
exchange, Resource Recovery, physical or chemical modification, and transfer from one Waste Facility to another.
For the purpose of requirements for Resource Recovery Certification, Processing shall not include storage, exchange
or transfer of waste.
Processing Center or Processing Facility
A Processing Center or Processing Facility means a facility in which solid waste and recyclable materials are
processed. The facility will conform to all applicable rules, regulations and laws of state, local or other jurisdictions.
Prohibited Materials
Prohibited Materials means Solid Waste which is unacceptable for collection, Processing, or Disposal due to the
physical or chemical nature of the material or due to a Facility’s inability to properly manage the waste.
R&E Board
R&E Board means the Ramsey/Washington Recycling & Energy Board, a joint powers board comprised of the
Ramsey and Washington Counties.
Recyclable Materials
Recyclable Material means materials that are separated from MMSW for the purpose of Recycling, which materials
will be identified by the City’s Solid Waste Contractor and list of Recyclable Material provided to customers and
updated on a regular basis as marketplace changes for recyclables.
Recycling
Recycling means the process of collecting and preparing Recyclable Materials for the purpose of reusing the
materials in their original form or using them in manufacturing processes that do not cause the destruction of
Recyclable Materials in a manner that precludes further use.
Recycling Facility
Recycling Facility means a Facility where Recyclable Materials are received and prepared for reuse in their original
form or for use in manufacturing processes that do not cause the destruction of the materials in a manner that
precludes further use. The Recyclable Materials must:
a. Fit the definition of MMSW prior to separation for Recycling;
b. Not include items which have been prohibited by state law from Disposal or placement in MMSW,
unless approved by the Agency;
c. Have been separated from other MMSW by the Generator prior to collection; and
d. Not be hazardous as defined in Chapter 7045, except for household Hazardous Waste. Recyclable
Materials that are defined as household Hazardous Waste in part 7045.0131, subpart 1, and Minnesota
Statutes, section 115A.96, subdivision 1, paragraphs (a) and (b), may be accepted at the Facility for
Recycling if they are managed in accordance with part 7045.0310.
Regional Hauler Licensing Program
Regional Hauler Licensing Program means the Hauler licensing program established by joint powers agreement,
among Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington Counties.
Residential Dwelling Unit (RDU)
Residential Dwelling Unit shall include single dwellings and up to four multi-unit residences including residential
manufactured homes and businesses operating out of a residence.
Resource Recovery
Resource Recovery means the reclamation for sale, use, or reuse of materials, substances, energy or other products
contained within or derived from waste.
Resource Recovery Facility
Resource Recovery Facility means a Waste Facility established and used primarily for Resource Recovery,
including related and appurtenant Facilities such as transmission Facilities and Transfer Stations primarily serving
the Resource Recovery Facility.
Salvaging
Salvaging means the controlled and authorized removal of waste materials from a licensed Solid Waste Facility.
Scavenging
Scavenging means the removal of waste materials from a licensed Solid Waste Facility, which has not been
authorized by the City or County.
Self- Haulers
Self-haulers include anyone who transports their own waste, or another person's, to a waste management facility and
isn't paid for doing so.
Senior or Adjusted Accounts
Units where not more than two people reside within a household and that the head of household is 62 years of age or
older or has a temporary disability reasonably projected to last greater than 30 days or permanent disability,
regardless of age. In order to qualify for this program, the resident must: Be physically unable to wheel their cart to
the curb for collection; Have no other person who can assist them, such as a spouse or other live-in family member
or a personal assistant; Place the carts within a reasonable distance of approximately 75 feet from the edge of the
roadway.
Shrub
Shrub means a perennial woody plant of relatively low stature, typically with several stems arising from or near the
ground and less than four inches in diameter.
Site
Site means the spatial location of a proposed or actual Solid Waste Management activity or Facility.
Sludge
Sludge means any solid, semisolid, or liquid waste Generated from a municipal, commercial, or industrial
wastewater treatment plant, water supply treatment plant, or Air Contaminant treatment Facility, or any waste
having similar characteristics and effects.
Solid Waste
Solid Waste has the meaning set forth in Minnesota Statutes, section 116.06 and includes MMSW.
Solid Waste Collection
Solid Waste Collection means the gathering of Solid Waste from public or private places.
Solid Waste Facility
Solid Waste Facility means all property, real or personal, including easements and water and air rights, which is or
may be used for the Processing or Disposal of Solid Waste. A license is required under the provisions of this
Ordinance for all Solid Waste Facilities, except property used for the collection of the Solid Waste at the generation
Site and property used primarily for the manufacture of scrap metal or paper. A Solid Waste Facility includes but is
not limited to Transfer Stations, Solid Waste Facilities related to Processing, and Disposal Facilities.
Solid Waste Management
Solid Waste Management means activities that are intended to affect or control the generation of Solid Waste and
activities that provide for or control the collection, Processing, and Disposal of waste.
Source Separation
Source Separation means the separation of Recyclable Materials from waste by the Generator prior to collection for
Recycling.
Transfer Station
Transfer Station means an intermediate Solid Waste Facility in which Solid Waste collected from any source is
temporarily deposited to await transportation to another Solid Waste Facility.
Tree
Tree means a perennial woody plant, generally with a single stem (trunk) greater than 4 inches in diameter.
Unacceptable Waste
Unacceptable Waste means Solid Waste that is not acceptable at the Designated Facility. Unacceptable Waste shall
include waste that would likely pose a threat to health or safety, or which may cause damage to, or materially
adversely affect the operation of the Designated Facility including but not limited to: explosives; Medical Waste;
commercial, industrial, and community Hazardous Waste, as regulated by federal, state and local law; chemicals and
radioactive materials; oil Sludges, asbestos in identifiable quantities; cesspool, domestic sewage or other sewage
Sludge; human or animal remains; street sweepings; ash; mining waste; Sludges; demolition waste; Construction
Debris; waste in liquid state; hazardous refuse of any kind, such as cleaning fluids, used crank case oils, cutting oils,
paints, acids, caustics, poisons, drugs; and any other materials that the Designated Facility identifies; or that MPCA
or any other governmental unit having appropriate jurisdiction shall determine, is harmful or of a toxic or dangerous
nature.
Waste Facility
Waste Facility means all property, real or personal, including negative and positive easements and water and air
rights, which is or may be needed or useful for the Processing or Disposal of waste, except property for the
collection of the waste and property used primarily for the manufacture of scrap metal or paper. Waste Facilities
includes but is not limited to Transfer Stations, Processing Facilities, and Disposal Facilities.
Yard Waste
Yard Waste means garden wastes, leaves, lawn cuttings, weeds, Shrub and brush waste.
52.03 Collection by the City; City Rights and Duties
All Solid Waste, MMSW, or Recycling Materials (hereinafter collectively referred to as “Solid Waste”)
accumulated in or at Residential Dwellings Units in the city shall be collected, conveyed and disposed of by the city,
by its duly authorized contractor, a County licensed hauler, or self-haulers. The City shall have the right and duty to
administer this Ordinance.
Commercial establishments and/or properties, excluding multi-unit residences, that generate less than 60 gallons of
trash per week may self-haul. Multi-unit residence properties shall provide hauling services through a County
license hauler.
Licensing and Licensee Responsibilities; County License Required:
It shall be unlawful for any person to collect Solid Waste from any person for a fee or other charge or under contract
within the city without having first secured a license from the County. This Ordinance requires that appropriate
licenses be obtained from Washington County for the establishment and operation of Solid Waste Management
activities and Facilities. The City may have the right and duty to approve and consider all license applications
submitted to the County for operation of all Solid Waste Management activities, Sites, or Facilities, and hauling
services within the City.
52.04 Collection and Transportation Requirement
Solid Waste shall be collected and transported in a nuisance-free manner consistent with the intent of this
Ordinance. For single and multi-unit residences up to four units, including residential manufactured homes and
businesses operating out of a residence, City shall select and contract with a contractor for the collection of MMSW.
Residential services will be outlined in the contract between the City and the selected contractor. The City
contractor shall comply with requirements set forth in the Food Scraps Pickup Program at the time it is available to
City residents.
52.05 Carts
Carts or Curbside Carts will be provided to single residential dwellings and multi-unit residences. The Contractor
shall furnish and deliver Carts for MMSW in small, medium, and large sizes to Residential Dwellings. Residents
shall be allowed to choose the number and size of the Cart(s) for their residence and will be billed according to the
Rate Schedule as established by resolution of the City Council. Carts will remain the property of the Contractor.
Additional carts can be requested at the expense of the residential dwelling unit owner.
a. Additional trash may be placed for pickup in sealed black bags.
b. It is the property owner’s responsibility to clean any litter resulting from disturbed bagged trash.
c. All commercial establishments that sell food, packaged food, or beverages are required to have a
garbage container located within ten feet of every public entrance and exit. The garbage container must
meet all other applicable city codes. Failure to provide a garbage container will be punishable by a fine
per Chapter 32 of City Code. Each day the litter container is not present is a separate violation.
d. No trash, recycling, debris, or construction materials can extend beyond the height and width of the
dumpster; all items must be contained within the dumpster. Dumpsters in a residential area are limited
to two weeks unless required per Chapter 13 of this Code. An extension may be granted if the property
owner submits a written request to the director of public works. An extension will be up to the
discretion of the City of Scandia.
52.06 Cart Damage, Prohibited
It shall be unlawful for any person, occupant or members of their families, or the Hauler employed by the city to
damage, remove, deface, destroy or disturb trash carts, recycling carts, bins and/or dumpsters.
52.07 Cart Placement and Time of Day
It is the responsibility of all persons occupying or controlling any residence to place garbage and/or recycling carts
at the curb or alley for collection. Carts shall not be stored in the front yard or on a front porch. If carts are stored
outside, they shall be secured and maintained in a stationary manner. Carts shall not be set out for garbage and/or
recycling pickup earlier than 3:00 p.m. on the day preceding garbage and/or recycling pickup. Carts shall be
retrieved and returned to the premises 24 hours after collection. In multi-unit residences of less than five units, it is
the responsibility of the owner to place and retrieve containers within the same guidelines provided for Residential
Dwelling units. The owner of a multi-unit residence consisting of three or more dwelling units or a commercial
building shall provide and maintain a tightly covered or sealed dumpster for all garbage. Exceptions to this
requirement can be granted through the City Administrator.
All properties not identified immediately above are required to have a dumpster and must provide screening per the
following standards.
a. All dumpster areas used to store trash or recyclable materials shall, whenever possible be located on
the side or rear of the building and shall be effectively screened from view from residential properties
or public rights-of-way.
b. Dumpsters visible from the public way or from residentially zoned property shall be screened on all
sides, with a minimum height of six feet and a maximum height of seven feet.
c. Screening shall be comprised of material that matches or compliments the building material of the
principal structure. The development review board shall have the authority to determine compliance
with this requirement. In no case shall chain-link or wire material be permitted.
d. Existing noncompliant screening shall be allowed to remain until it is replaced, damaged beyond 50
percent of construction value, or the parcel is redeveloped.
52.08 Recycling
Subd. 1 The city's contracted hauler is required to pick up recyclable materials at every Residential Dwelling that
secures a Recycling Cart. The city council, by resolution approving the Contractor, establishes recyclable materials
as stated in the Washington County Standard List of Recyclables. In the event the city, county, or state changes the
list of recyclable materials, the city's contracted hauler shall begin collection of any additional recyclable materials
not listed within 30 days of the adoption of the resolution unless written approval is obtained from the city.
Subd. 2. Hauler shall make available single-sort recycling services to all properties. Hauler shall provide each new
customer with detailed instructions on how to prepare recyclables for collection. Hauler must notify customers at
least thirty (30) days in advance before changing their recycling collection system and provide detailed instructions
on how to prepare recyclables under the system. Hauler shall also notify customers at least once each year of proper
recyclables preparation for collection, including the list of recyclable materials as defined in the Washington County
Standard List of Recyclables.
52.09 Preparation
Hauler shall not landfill or incinerate any recyclable materials collected, nor sell, trade or give materials to any
person or business for the purpose of landfilling or incinerating said materials without the prior written consent of
the City, the County, and the State of Minnesota.
52.10 Rates, Fees, and Collection of Charges
Subd. 1. Rates, fees, and billings are determined by the contract the city has with Hauler. In all Residential
Dwellings, it shall be the responsibility of the property owner to contract with the city's Hauler to provide for the
collection of the Solid Waste and Recycling Materials in accordance with this Chapter. The property owner shall be
responsible and liable hereunder whether or not the said owner occupies or resides in the building and whether or
not said premises are leased or rented to another.
Subd. 2. In the event a residence desires collection of normal household waste in excess of the waste held by the
resident's container per week, they shall place the waste in bags not exceeding 30 gallons. Residents shall pay the
contractor an additional charge for each additional 30-gallon bag.
Subd. 3. Residents who will be continuously absent from the City shall be entitled to a reduced rate during the
period of their absence, provided that the Resident provides prior notice to the Contractor. Notification shall be
made by the resident that they will be absent for more than ninety (90) days. In addition, Residents are permitted to
take up to six (6) months of vacation leave in a calendar year in increments of at least thirty (30) days.
Subd. 4. Walk-up service may be available for Solid Waste or Recycling Materials, which is applied for on a case-
by-case basis.
52.11 Required Collection of Mixed Municipal Solid Waste
Any commercial property or any other structure in the city, including churches and halls, that generates more than
60 gallons of trash per week, shall have garbage collected by a hauler licensed by the County.
All garbage shall be disposed of in compliance with state law and county policies regarding the required processing
of waste.
52.12 Inspection
The City shall have the right and duty to inspect private property to determine if the property Owner is in
compliance with the provisions of this Ordinance. Routine inspection and evaluation of Solid Waste Management
activities, Sites, or Facilities shall be made by the City in such frequency as to ensure consistent compliance by the
operation with the provisions of this Ordinance. An applicant and the Licensee shall allow free access to the City;
provided that the entrance and inspection is undertaken after reasonable notice and during normal business hours,
except as provided in Minnesota Statutes Chapter 115A.882 RECORDS; INSPECTION; for the purpose of making
such inspections as may be necessary to determine compliance with the requirements of this Ordinance or any other
applicable statute, or for the purpose of making written and documented notice of any deficiencies, or
recommendations for their correction and the date by which corrections shall be accomplished.
52.13 License Review
The City shall have the right and duty to approve and consider all license applications submitted to the County for
the operation of all Solid Waste Management activities, Sites, or Facilities, and hauling services within the County.
52.14 Hours of Operation
Collection of residential and commercial waste streams must be respectful of the City’s Noise Ordinance. Collection
of residential waste, recyclables, and yard waste shall not start before 6:00 a.m. or continue after 7:00 p.m. on the
evening of the same date (Monday through Friday).
Exceptions to collection hours shall be affected only upon the mutual agreement of the City and hauler. Exceptions
may include holidays, landfill operations, or when the hauler and City reasonably determine that an exception is
necessary in order to complete collection on an existing collection route due to unusual circumstances. The City has
the final decision in all exceptions.
52.15 Scavenging
No person shall scavenge or otherwise collect MMSW, Recyclables, Bulky Waste, Food Scraps or Yard Wastes
from containers or from public or private property unless licensed therefore by the County or unless permission of
the owner of any such materials has been given.
52.16 Contracted Haulers
Hauler agrees that during the life of the Contract, the Hauler will not, within the State of Minnesota, discriminate
against any employee or applicant for employment because of race, color, creed, national origin, ancestry, or sex and
will include a similar provision in all subcontracts entered into for the performance thereof.
52.17 Violation
The Contract may be canceled or terminated by the City and all money due or to become due may be forfeited for a
second or subsequent violation of the terms or conditions of this paragraph.
52.18 Backyard Compost Sites
A Backyard Compost Site may be allowed on a private land parcel without a license under this Ordinance. Backyard
Compost Sites must comply with the following requirements:
a. Size of the Compost pile shall not exceed ten (10) cubic yards in size; and
b. Operation of the site shall not create a public nuisance or any conditions adversely affecting the
environment or public health.
52.19 Liquidated Damages
The City Council may impose administrative, liquidated damages or revoke the license of any person found in
violation of any applicable statute, regulation, and provision of this Section or the City’s Solid Waste Standards.
Any proposed revocation shall be preceded by a public hearing, conducted before the City Council, and preceded by
at least 15 days’ notice of the hearing given to the licensee. The notice, in addition to setting forth the time and place
of the hearing, shall state the nature of the charges for which revocation shall be considered. No person granted a
license hereunder shall acquire any vested rights through the license or under this ordinance.
52.20 Burying and Burning Prohibited
No person shall bury any MMSW, recyclable materials, or other waste materials within the city and no person shall
burn MMSW, or other waste materials except in an incinerator located within a residence or other building that
conforms to the requirements of the State of Minnesota.
52.21 Land Application of Wastes
License Required
It is a violation of this Ordinance for any Person or company to land apply Solid Waste(s) (e.g., water treatment
lime, petroleum contaminated soils, and industrial by-products from food and beverage processing or ethanol
production) without prior approval from the City and in accordance with City procedures. Sewage Sludge and solid
or dissolved materials in domestic sewage are excluded from the definition of Solid Waste and are regulated by state
rule (Minn. R. Ch. 7041), Minn. Stat., Chapter 115, Washington County Ordinance No. 196, and by Federal Rule
(40 CFR Chapter 1, Subchapter O, part 503).
Notification Requirements
Application for Land Application of Solid Waste shall be on forms provided by the City, not less than thirty (30)
days prior to initiation of proposed Land Application activities.
52.22 Reporting
All approved applicants shall submit, annually, documentation of the amount, location(s), and type(s) of waste land-
applied, and other information as required by the City.
52.23 Illegal Dumping
Unauthorized Dumping
It shall be a violation of this Ordinance for any Person to Dispose of Solid Waste within Scandia at any place except
at a Site or Facility authorized by this Ordinance.
Unlicensed Open Dumps
It shall be a violation of this Ordinance for any Person to operate an Open Dump. Waste placed in Open Dumps or
illegally Disposed of shall be collected and transported to a licensed Waste Facility for proper Disposal by the
Property Owner or other Person(s) determined by the City to be responsible for the illegal activity. The responsible
party shall submit a closure plan for City review and shall close the dump in accordance with the following
provisions.
The responsible party shall notify the City at least 10 days prior to commencement of excavation/removal activity at
the subject Site. A receipt or other documentation approved by the City that indicates satisfactory and legal Disposal
of the subject Solid Waste shall be submitted to the City no later than 14 days after Disposal.
a. Implementation of a water monitoring program may be required by the City based on the Open
Dump’s potential to adversely affect the public’s health and the environment. Any required water
monitoring program shall be conducted pursuant to MPCA rules, guidelines, procedures, and policies.
Plans to protect the ground and surface water shall be approved by the City prior to implementation.
b. Surface water must be diverted around and away from the Open Dump.
c. Remove all containerized liquids, Hazardous Waste, and other items specified by the City for proper
Processing or Disposal. Potentially Recyclable Materials may be removed for Processing or Marketing.
d. Establish and maintain final grade between 2% and 25% to promote surface water run-off without
excessive erosion.
e. Establish vegetative cover consisting of shallow rooted perennials or other suitable vegetation.
f. The Owner of the property on which the Open Dump is located shall place on record an instrument
with the Washington County Recorder, in a form prescribed by the City, placing the public on notice
of the existence and location of the Open Dump and of the obligations placed upon parties holding an
interest in the property and the restrictions which may affect the use of the property.
52.24 Solid Waste Disposal Prohibition
No Person may place, or transport for placement, Solid Waste that is Generated in the City in a portion of a Disposal
Facility that does not comply with the minimum requirements for design, construction, and operation of a new
Disposal Facility for the type of Solid Waste being Disposed. Pursuant to Minnesota Statute § 473.849, this
provision is effective January 1, 1992, for Disposal Facilities located outside the metropolitan area and January 1,
1995, for all Disposal Facilities regardless of location.
No person shall discharge or dispose of, Recyclables, Bulky Waste, MMSW, Source-Separated Organic Material
(SSOM), Yard Wastes, or Hazardous Wastes in any street, alley, drive, park, playground, or other public place, or
upon privately owned property.
52.25 Enforcement
Misdemeanor. Any Person within the City who violates this Ordinance, except for an activity or at a Site or Facility
for which a license has been granted, or who shall permit such a violation to exist on the premises under his control,
or who shall fail to take action to abate the existence of the violation within the specified time period when ordered
or notified to do so by the City, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished
therefore, as provided by law. A separate offense shall be deemed committed upon each day during or on which a
violation occurs or continues.
Injunctive Relief. In the event of a violation or a threat of violation of this Ordinance, the City may institute
appropriate actions or proceedings, including requesting injunctive relief to prevent, restrain, correct, or abate such
violations or threatened violations.
Civil Action or Cost as Special Tax. If a Person fails to comply with the provisions of this Ordinance, the City may
recover the cost incurred for corrective action in a civil action in any court of competent jurisdiction or, at the
discretion of the County Board, the costs may be certified to the County Auditor as a special tax against the real
property.
Citation. The City may issue citations for violations of this Ordinance.
52.26 Depositing waste into public property
No person shall sweep or deposit any litter in any public place or public way except in public containers. Persons
owning or occupying property shall keep the sidewalk and any right-of-way bordering their property free of litter.
Any person convicted of this section shall be punished by a fine per Chapter 32 City Code.
52.27 Abandonment and storage of bulky waste
No person shall have any abandoned, unattended, or discarded refrigerator or other similar appliance which has an
airtight door or lid with a snaplock or other locking device which may not be released from the inside, on any lot, or
in any structure.
52.28 Throwing litter from vehicles
No person shall throw or deposit any litter from a vehicle upon any public place or public place except in public
containers. Any person convicted of this section shall be punished by a fine per Chapter 32 City Code.
52.29 Additional Requirements and Provisions
a. Waivers or Modifications.
Due to the great variability in the types of Solid Wastes and their existing and potential management
methods, the City may waive or modify the strict application of the provisions of this Ordinance by
reducing or waiving certain requirements when such requirements are unnecessary or impractical,
provided such a waiver or modification will not endanger the public health, safety, welfare, or the
environment. The City may impose reasonable additional requirements through Solid Waste
Management activity or Facility-specific license conditions when deemed necessary to protect the
public health, safety, welfare, or the environment.
b. Agency Approval.
No modification or waiver may be granted if it would result in noncompliance with Minn. Rules
Chapter 7035 unless such modification or waiver has been granted by the Minnesota Pollution Control
Agency.
c. Promotion of Public Health, Safety, and Welfare.
Where the conditions imposed by any provision of this Ordinance are either more restrictive or less
restrictive than comparable conditions imposed by any other provisions of this Ordinance, or any other
applicable law, Ordinance, rule, and regulation, the provision which establishes the higher standards
for the promotion and protection of the public health, safety, and welfare shall prevail.
d. Construction.
This Ordinance shall not be construed to hold the City or the County or any officer or employee
responsible thereof for any damage to Persons or property by reason of the inspection or reinspection
authorized herein provided, or by reason of the approval or disapproval of equipment or licensing
herein, nor for any; action in connection with the inspection or control of Solid Waste or in connection
with any other official duties.
e. No Consent.
Nothing contained in this Ordinance shall be deemed to be a consent, license, or permit to locate,
construct, operate, or maintain any Solid Waste Facility, or to carry on any activity.
f. Severability.
If any provision of this Ordinance or the application thereof to any Person or circumstance is held
invalid, said invalidity does not affect other provisions or applications of the Ordinance which can be
given effect without the invalid provision or application, and for this purpose the provisions of the
Ordinance are severable.
g. Effective Date.
This Ordinance shall be effective immediately after passage by the City Council Board and publication
according to law, provided.