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07.a Solid Waste and Recycling Ordinance Update Staff Report Date of Meeting: December 19, 2023 For: Honorable Mayor and Council From: Kyle Morell, City Administrator Subject: Garbage Ordinance Update Background: At the January 4, 2023, Council Work Session Interim Administrator Hurlburt advised the Council the City’s garbage ordinance (City Code Chapter 52: Garbage) needs updating. The ordinance was last updated in 1970. It does not comply with state law and is inadequate for today’s needs. Washington County, through its consultants Foth, aided the City in updating its garbage ordinance. Current Proposal: I have attached the final garbage ordinance. The council will hold a public hearing at the December 19 meeting to review and approve the new ordinance language. Discussion: Should the Council adopt the updated Garbage Ordinance? Options: 1) Adopt Ordinance 2023 – 15 – Updating the City’s Waste and Recycling Management Ordinance and Resolution 12-19-23-05, Summary Publication 2) Tabled item for further consideration Recommendation: Option 1 Attachments: Ordinance 2023 – 15 – Solid Waste and Recycling Resolution 12-19-23-05 – Summary Publication for Solid Waste and Recycling Ordinance City of Scandia, Minnesota Ordinance No. 2023-15 CITY OF SCANDIA ORDINANCE NO. 2023-15 AN ORDINANCE REGULATING SOLID WASTE AND RECYCLING The City Council of the City of Scandia ordains: The City Council of the City of Scandia adopts the following regulations pertaining to the solid waste and recycling within the City of Scandia: Section 52.01 Purpose, Scope and Authority Section 52.02 Definitions Section 52.03 Collection by the City; City Rights and Duties Section 52.04 Collection and Transportation Requirement Section 52.05 Carts Section 52.06 Cart Damage; Prohibited Section 52.07 Cart Placement and Time of Day Section 52.08 Recycling Section 52.09 Preparation Section 52.10 Rates, Fees, and Collection of Charges Section 52.11 Required Collection of Mixed Municipal Solid Waste Section 52.12 Inspection Section 52.13 City/County License Review Section 52.14 Hours of Operation Section 52.15 Scavenging Section 52.16 Contracted Haulers Section 52.17 Contract Violation Section 52.18 Backyard Compost Sites Section 52.19 Liquidated Damages Section 52.20 Burying and Burning Prohibited Section 52.21 Land Application of Wastes; License Required Section 52.22 Reporting Section 52.23 Illegal Dumping; Unauthorized Dumping Section 52.24 Unlicensed Open Dumps Section 52.25 Solid Waste Disposal Prohibition Section 52.26 Enforcement Section 52.27 Depositing Waste into Public Property Section 52.28 Abandonment and Storage of Bulky Waste Section 52.29 Throwing Litter from Vehicles Section 52.30 Additional Requirements and Provisions Section 52.31 Effective Date Section 52.32 Repealer City of Scandia, Minnesota Ordinance No. 2023-15 § 52.01 PURPOSE, SCOPE AND AUTHORITY. This ordinance furthers the City's goal to improve solid waste management, achieve a reduction in waste generated, and to serve these additional purposes: (1) To protect the public health, safety, comfort, convenience, and general welfare of the residents of the city. (2) Encourage the separation and recovery of materials and energy from waste. (3) To establish powers, duties, rules, regulations, and standards for the removal of solid waste from the city. (4) Promote best management practices in solid waste management to protect air quality, water quality, and natural resources. (5) Provide high quality solid waste and recycling services in the most cost-effective manner possible. (6) To promote programs and recommend policies to reduce waste and promote yard waste reduction through separation of recyclables and yard and garden wastes; and encourage the purchasing of products that are most durable or contain recycled or recyclable materials. (7) To meet minimum standards and requirements established by rules of the Minnesota Pollution Control Agency regarding solid waste. (8) To assure that the city complies with the city's current comprehensive plan, the current Washington County Solid Waste Management Master Plan, and any updates to those plans approved by the city or the county. (9) 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. Furthermore, 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. § 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 Ordinance, the words “shall” and “must” are interpreted as mandatory and the words “should” and “may” are permissive. For this Solid Waste and Recycling Ordinance, 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 City of Scandia, Minnesota Ordinance No. 2023-15 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 which 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 that is not otherwise defined herein as Unacceptable Waste. No amount of Hazardous Waste or Infectious Waste, which 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 pruning’s from a residential property, multi-unit dwelling, or a commercial office, by an Owner, occupant, or lessee of the property. BULK WASTE OR BULKY 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.) CART OR CURBSIDE CART. Containers for MMSW 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.” CITY. 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. City of Scandia, Minnesota Ordinance No. 2023-15 COMMERCIAL ESTABLISHMENT. Any premises upon which a commercial or industrial enterprise of any kind is carried on, including restaurants, clubs, and churches and, for purposes of Solid Waste licensing, Multiple Unit Residential Dwellings. COMPOST. Compost means 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, PDAs, DVD recorders/players and video cassette recorders/players, and fax machines. CONTRACTOR. The City’s current solid waste and recycling contractor. COUNTIES. Counties means the Counties participating in the Regional Hauler Licensing Program and include: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington counties. COUNTY. County means Washington County. COUNTY BOARD. County Board means the Washington County Board of Commissioners. COUNTY ORDINANCE. County Ordinance means Ordinance No. 202, the Washington County Solid Waste Management Ordinance. CURB OR CURBSIDE. That portion of the right‐of‐way adjacent to paved or traveled roadways, including alleys. DESIGNATED FACILITY. Designated Facility means the Ramsey/Washington County Recycling & Energy Center (R&E Center), currently located at 100 Red Rock Road in Newport, Minnesota 55055, to which Acceptable Waste is required to be delivered. DISPOSAL FACILITY. Disposal Facility means 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 pick up. FACILITY. Facility means 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. City of Scandia, Minnesota Ordinance No. 2023-15 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 Counties. Hauler does not mean a Person hauling his or her own residential household waste. HAZARDOUS WASTE. Hazardous Waste is defined in state statute, state rules and County ordinance. Wastes are hazardous in Minnesota when they display one or more of these characteristics: ignitability, corrosively, reactivity, toxicity, or 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. City of Scandia, Minnesota Ordinance No. 2023-15 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 (“MSW” or “MMSW”). Mixed Municipal Solid Waste (“MMSW”) 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. Also referred to in this Agreement as “Solid Waste”. MPCA. MPCA means the Minnesota Pollution Control Agency. MULTIPLE 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. ORDINANCE. Ordinance means the City of Scandia Municipal Solid Waste and Recycling Ordinance. 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. City of Scandia, Minnesota Ordinance No. 2023-15 PROHIBITED MATERIALS. Prohibited Materials means Solid Waste that 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. PROPERTY OWNER. A person who legally owns a residential property, multi-unit residence, or a commercial office. 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 that 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, as amended, 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), as amended, may be accepted at the Facility for Recycling if they are managed in accordance with part 7045.0310. REGIONAL HAULER LICENSING BOARD. Regional Hauler Licensing Board means the joint powers board established by agreement of the Counties for the coordination of Solid Waste Management issues in the metropolitan area. 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. City of Scandia, Minnesota Ordinance No. 2023-15 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. 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. ROLL OFF CONTAINER, ROLL OFF CONTAINER SERVICE. A Roll-off container is an open top dumpster characterized by a rectangular footprint, utilizing wheels to facilitate rolling the dumpster in place. The container is designed to be transported by special Roll-off trucks. Roll-offs are commonly used to contain loads of construction and demolition waste or other waste types. 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. SELF-HAULER. 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 where 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 and 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, as amended, and includes MMSW. City of Scandia, Minnesota Ordinance No. 2023-15 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. 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 that 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, that 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 Facility includes but is not limited to a Transfer Station, Processing Facility, and Disposal Facility. YARD WASTE. Yard Waste means garden wastes, twigs and miscellaneous tree seeds and cones, leaves, lawn cuttings, weeds, Shrub and brush waste. § 52.03 COLLECTION BY THE CITY; CITY RIGHTS AND DUTIES. Subject to the requirements set forth by City Code, all Solid Waste, MMSW, or Recycling Materials (hereinafter collectively referred to as “Solid Waste”) accumulated in or at Residential Dwellings City of Scandia, Minnesota Ordinance No. 2023-15 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. The City shall have the right and duty to administer this Ordinance. (A) 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. (B) 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 shall 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 two-family dwellings, 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. § 52.05 CARTS. Carts or Curbside Carts will be provided to single-family and two-family dwelling 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. Recycling carts and dumpsters are owned by the contracted hauler. All Scandia residents are able to request up to two recycling carts. (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 pre Chapter 32 of City Code. Each day the litter container is not present is a separate violation. City of Scandia, Minnesota Ordinance No. 2023-15 (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 multiple-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 multiple-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, in writing, through and by the Scandia Director of Public Works; it is the responsibility of the property owner to keep a true and correct copy of the authorized written exception on record and provide upon request by the City. All properties not identified immediately above are required to have a dumpster and must provide screening per the following standards: (1) 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. (2) 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. (3) 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. (4) Existing noncompliant screening shall be allowed to remain until it is replaced, damaged beyond 50 percent of construction value, or the parcel is redeveloped. City of Scandia, Minnesota Ordinance No. 2023-15 § 52.08 RECYCLING. (A) 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 Washington County Recyclable Standard List. 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. (B) Hauler shall make available single-sort recycling services to all properties. Hauler shall provide 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 Recyclable Standard List. § 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 and the State of Minnesota. § 52.10 RATES, FEES, AND COLLECTION OF CHARGES. (A) 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 is leased or rented to another. (B) 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. (C) 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 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. (D) Walk-up service may be available for Solid Waste or Recycling Materials, which is applied for on a case-by-case basis. City of Scandia, Minnesota Ordinance No. 2023-15 §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. In its sole discretion, the City may undertake inspections and evaluations of Solid Waste Management activities, Sites, or Facilities in such frequency as the City may determine to ensure consistent compliance by the operation with the provisions of this Ordinance, provided that the entrance and inspection is undertaken after reasonable notice and during normal business hours, as guided and provided in Minnesota Statutes Chapter 115A.882, as amended, entitled “RECORDS; INSPECTION.” § 52.13 CITY/COUNTY LICENSE REVIEW. The City shall 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 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 final decision in all exceptions. § 52.15 SCAVENGING. No person shall scavenge or otherwise collect MSW, Recyclables, Bulky Waste, SSOM or Yard Wastes from containers or from public or private property unless licensed therefore by the City 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 or ancestry or sex and will include a similar provision in all subcontracts entered into for the performance thereof. City of Scandia, Minnesota Ordinance No. 2023-15 § 52.17 CONTRACT 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 an 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 as otherwise expressly permitted elsewhere by City Code or 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. (A) 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). (B) 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. City of Scandia, Minnesota Ordinance No. 2023-15 §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. §52.24 UNLICENSED OPEN DUMPS. (A) 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. (B) The responsible party shall submit a closure plan for City review and shall close the dump in accordance with the following provisions: (1) 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 which indicates satisfactory and legal Disposal of the subject Solid Waste shall be submitted to the City no later than 14 days after Disposal. (2) 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. (3) Surface water must be diverted around and away from the Open Dump. (4) 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. (5) Establish and maintain final grade between 2% and 25% to promote surface water run-off without erosion. (6) Establish vegetative cover consisting of shallow rooted perennials or other suitable vegetation. (C) 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 that may affect the use of the property. § 52.25 SOLID WASTE DISPOSAL PROHIBITION. City of Scandia, Minnesota Ordinance No. 2023-15 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 MMSW, Recyclables, Bulky Waste, 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. § 52.26 ENFORCEMENT. The City may engage in any of the following actions in enforcement of this Ordinance, individually or collectively: (A) 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. (B) 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. (C) Civil Action or Cost as Special Tax or Assessment. If a Person fails to comply with the provisions of this Ordinance, the City may recover cost incurred for corrective action in a civil action in any court of competent jurisdiction and/or the costs may be certified or assessed to the County Auditor or to the County Recorder’s Office as a special tax or assessment against the real property. (D) Citation. The City may issue citations for violations of this Ordinance. § 52.27 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. § 52.28 ABANDONMENT AND STORAGE OF BULKY WASTE. No person shall have any abandoned, unattended or discarded refrigerator or other similar appliance that 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. City of Scandia, Minnesota Ordinance No. 2023-15 § 52.29 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. § 52.30 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 that 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 that can be given effect without the invalid provision or application, and for this purpose the provisions of the Ordinance are severable. § 52.31 EFFECTIVE DATE. This ordinance becomes effective on the date of its publication, or upon the publication of a summary of the ordinance as provided by Minn. Stat. § 412.191, subd. 4, as it may be amended City of Scandia, Minnesota Ordinance No. 2023-15 from time to time, which meets the requirements of Minn. Stat. § 331A.01, subd. 10, as it may be amended from time to time. § 52.32 REPEALER. Existing Ordinance Chapter 52 is hereby repealed and replaced by this Ordinance in its entirety. Passed by the City Council of Scandia, Minnesota this 19th day of December, 2023. __________________________________________ Christine Maefsky, Mayor Attested: ______________________________________ Kyle Morell, City Administrator 1 CITY OF SCANDIA WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 12-19-23-05 A RESOLUTION OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, PROVIDING FOR THE SUMMARY PUBLICATION OF ORDINANCE NO. 2023-15, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCANDIA, MINNESOTA, REGULATING SOLID WASTE AND RECYCLING WHEREAS, On December 19th, 2023, at a Meeting of the Scandia City Council, by majority vote, the City Council adopted Ordinance 2023-15 adopting regulations pertaining to solid waste and recycling within the City of Scandia. WHEREAS, State law requires that all ordinances adopted be published prior to becoming effective; and WHEREAS, the City Council for the City of Scandia has determined that publication of the title and a summary of Ordinance 2023-15 would clearly inform the public of the intent and effect of the Ordinance; and WHEREAS, the City Council for the City of Scandia has reviewed the summary of Ordinance 2023-15 attached and incorporated herein as Exhibit A; and WHEREAS, the City Council for the City of Scandia has determined that the text of the summary clearly informs the public of the intent and effect of Ordinance No. 2023-15. NOW THEREFORE BE IT RESOLVED, the City Council for the City of Scandia hereby: 1. Approves the text of the summary of Ordinance No. 2023-15 attached as Exhibit A. 2. Directs the City Clerk to post a copy of the entire text of Ordinance No. 2023-17 in all public locations designated by the City Council. 3. Directs the City Clerk to publish the summary in the City’s legal newspaper within ten days. 4. Directs the City Clerk to file the executed Ordinance upon the books and records of the City along with proof of publication. Passed and adopted by the City Council of the City of Scandia this 19th day of December 2023. Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator 2 Exhibit A Ordinance Summary SUMMARY PUBLICATION OF ORDINANCE NO. 2023-15, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCANDIA, MINNESOTA, REGULATING SOLID WASTE AND RECYCLING On December 19th, 2023, at a Meeting of the Scandia City Council, by majority vote, the City Council adopted Ordinance No. 2023-15, adopting regulations pertaining to solid waste and recycling within the City of Scandia. • Furthers the City's goal to improve solid waste management, achieve a reduction in waste generated, and meet minimum standards and requirements established by rules of the Minnesota Pollution Control Agency regarding solid waste; and • Promote best management practices in solid waste management to protect air quality, water quality, and natural resources; and • Provide high quality solid waste and recycling services in the most cost-effective manner possible; and • Repeals existing Ordinance Chapter 52 which is replaced by Ordinance No. 2023-15 in its entirety. A printed copy of the Ordinance is available for inspection by any person during regular office hours at City Hall or by standard or electronic mail.