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89-1172 (3) !p -4•Vd Sec. 357.01 License required; exceptions. (a) License required. No person shall collect, transport, transfer, treat, handle, salvage, utilize, compact, shred, compost, mill, bale, process or dispose of, or any combination thereof, any solid waste, in Saint Paul without a license. (b) Exceptions. This licensing provision shall not apply to governmental agencies engaged in such activities, nor to p Persons who ' transport, transfer, compact, shred, compost, or bale in connection with their own separated recyclable materials and yard waste - • •• • . - • •• generated at the same premises or-locatron owned or occupied by them are exempt. - - : - , - , _ , - - ; -- - - - - ,. • :' .: - : Persons who engage in composting of yard wastes must comply with the regulations contained in this chapter and other applicable laws relating thereto. Sec. 357.02 Definitions. For the purpose of this chapter, the following terms shall have the meaning indicated in this section: Authorized recycling program is a program for the collection and processing of recyclable materials which is instituted,sponsored, authorized or controlled by the city of Saint Paul or by the County of Ramsey Capacitor is a device for accumulating and holding a charge of electricity, of the type normally found in major appliances. CFC refrigerant is chloroflorocarbon, a chemical frequently referred to as CFC-12 or freon, used as a coolant in major appliances such as air conditioners and refrigerators. Collection is the aggregation of solid waste, yard waste and/or separate waste streams from the place at which it is generated and includes all activities up to the time the solid waste,yard waste and/or separate waste stream is delivered to a facility. Collecting and transporting service is an agency, business or service, either governmentally or privately operated, for collecting, transferring, compacting and/or transporting solid waste, yard waste and/or separate waste streams for processing, disposal or composting purposes. Composting is the controlled biological decomposition of yard waste and/or selected organic materials in solid waste in a manner resulting in an innocuous final product. Construction debris is waste building materials, packaging, and rubble resulting from construction, remodeling, repair and demolition of buildings and roads. Corrugated cardboard is heavy paper with alternating ridges and grooves for use in packing or boxing material but does not include paperboard packaging. Disposal facility is a solid waste facility permitted by the minnesota pollution control agency that is designed or operated for the purpose of disposing of solid waste on or in the land, together with any appurtenant facilities needed to process waste for disposal or 1 mod/ transfer to another face y. Garbage is discarded material resulting from the handling, processing, storage, preparation, serving and consumption of food. Glass recyclables, for the purposes of this ordinance, include jars, bottles and glass containers that are transparent or translucent and primarily used for packaging and bottling of various matter, but does not include mirror or window glass, ceramics, crockery or other glassware containing lead. Incineration is the process of burning wastes for the purpose of volume and weight reduction in facilities designed for such use. Land pollution is the presence in or on the land of any solid waste in such quantity, of such nature and duration, and under such conditions as would injuriously affect any waters of the state, create air contamination, cause air pollution, attract rodents or vermin, cause a health hazard or otherwise create a nuisance. Lead acid battery is a motor vehicle battery. Major appliances are refrigerators, freezers, stoves, ovens, dishwashers, clothes washers and dryers, hot water heaters, trash compactors, garbage disposals, air conditioners, furnaces, microwave ovens and other major appliances. Metal recyclables, for the purposes of this ordinance, include all disposable food and beverage containers constructed primarily of aluminum, steel, bi-metal and "tin". Mercury switch is a thermostatically controlled electrical switch of type normally found in stoves and refrigerators. Newsprint is printed, groundwood newspaper. Paper recyclable materials, for purposes of this ordinance, are newsprint and corrugated cardboard, but does not include magazines, telephone books and similarly constructed periodicals, coated or glossy paper, paperboard packaging or other paper items. Processing is the treatment of waste after collection and before disposal. Processing includes but is not limited to reduction, storage, separation, exchange, resource recovery, physical, chemical or biological modification, and transfer from one waste facility to another. Prunings are branches, twigs and other tree or shrubbery materials that are less than one inch in diameter and less than four feet in length, but does include brush, trees, tree limbs, stumps or wood chunks. Recyclable materials are materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper,glass and metal. Recycling is the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. Refuse is putrescible and nonputrescible solid waste, except body wastes, and includes 2 epa i garbage; and rubbish ,. - . . •- • ; , • : . '• • • Rubbish is nonputrescible solid waste consisting of both combustible and noncombustible materials such as wood, clothing, bedding, ti_ crockery or other litter of any kind. Sanitary landfill is a method of disposing of solid wastes on land without creating a nuisance or hazard to the public health, safety and general welfare by utilizing the principles of engineering to confine the solid waste to the smallest practical volume, and to cover it with a layer of earth at the conclusion of each day's operation or at such more frequent intervals as may be required in order to comply with this definition. Scavenging is the unauthorized collection of recyclable materials that have been set out by persons for participation in authorized recycling programs. Separate waste streams are materials that are collected, processed or disposed of separately from solid waste, including auto hulks, street sweepings, ash, earthen fill, boulders, rocks and other material normally handled in construction operations, mining waste, tree and agricultural wastes, separated recyclable materials, yard waste, tires, lead acid batteries, used motor oil and major appliances. Separated recyclable materials are glass, metal, and paper recyclable materials sepatrated from solid waste for the purpose of recycling. Solid waste is garbage, refuse, rubbish and other discarded solid material, or other organic waste, except animal wastes used for fertilizer, including solid materials resulting from residential, industrial and commercial operations and community activities_ Exempted from this definition are animal wastes used for fertilizer, auto hulks, street sweepings, ash, earthen fill, boulders, rocks and other material normally handled in construction operations, mining waste, tree and agricultural wastes, tires, lead acid batteries, used motor oil, separated recyclable materials, yard wastes, major appliances and other materials collected, processed, and disposed of as separate waste streams,solid or dissolved materials in domestic sewage, or other significant pollutants such as silt or suspended solids in industrial wastewater effluents, dissolved materials in irrigation return flows, or other common water pollutants. - . . . . ' . . Solid waste processing or disposal operations are the site or sites, facilities, operating practices and maintenance thereof for the utilization, processing, treating or final disposal of solid wastes, including, but not limited to, land disposal, incineration, composting, reduction, shredding, compressing, milling, baling, resource recovery, and salvage of such solid wastes. -Solid- Waste storage is the holding of solid waste, yard waste and/or separate waste streams at or near the point of generation. -Solid- W aste transportation is the conveying of solid waste, yard waste and/or separate waste streams from one place to another by means of vehicle, rail car, water vessel, conveyor or other means. 3 aid off Tire is a pneumatic tire or solid tire for motor vehicles. Toxic or hazardous wastes are waste materials, including but not limited to, pesticides, acids, caustics, pathological wastes, radioactive materials, flammable or explosive materials, and similar chemicals and other harmful wastes which require special handling and which must be disposed of in a manner so as to protect the public and conserve the environment. Transfer station is an intermediate facility in which solid waste collected from any source is temporarily deposited to await transportation to another waste facility. Used motor oil is motor oil which through use, storage or handling has become unsuitable for its original purpose due to the presence of impurities or loss of original properties. Volume based rate is a solid waste collection and disposal charge based on the number of gallons or cubic yards and the weight of the solid waste. Yard waste is lawn clippings, leaves, weeds, garden wastes and prunings. Yard waste site is a site approved by the city, the County of Ramsey and the Minnesota Pollution Control Agency for the transfer or composting of yard waste. Sec. 357.03 Fees. The fee required is seven hundred and fifty eight dollars ($758.00) for each site, location, or facility ; provided that for each collector or hauler of solid waste the fee •- : . i - : . . - ::.:: for each truck shall be determined by city council resolution. Sec. 357.04 Licensing requirements. (a) Application. When the application is submitted in complete form, the inspector shall transmit said application to the department of public works. The department of public works, after review and inspection of the application, plans, site, facility, and equipment, shall within ten (10) days report to the inspector regarding the applicant's compliance with applicable state statutes, county solid waste management ordinances as required in Minnesota Statutes 473.811 subds. 5, 5a and 5c, and city ordinances. If found to comply, the inspector shall issue the license or, in case the application, plans, site, facilities or equipment do not comply, the inspector shall immediately notify the applicant of the reason for such noncompliance in accordance with Section 310.05 (b) Insurance. No license shall be granted or shall become effective until the licensee shall have filed with the inspector a copy of certificate of insurance protecting the licensee from claims for damages and bodily injuries including accidental death, as well as for claims for property damage which may arise from operations involving all phases of solid waste or disposal operations, as herein defined, in Saint Paul. The minimum amounts of such public liability insurance shall be as follows: (1) Bodily injury insurance (including death) in an amount not less than one erred six hundred thousand dollars ($600,000.00) for all damages arising out of bodily injuries to or death of one person, and subject to the same limit for each person in a total amount of not less than {-we-hull-el-reel six hundred thousand dollars ($600,000.00) on account of any one accident. 4 gpf0--Xeil (2) Property damage insurance in an amount of not less than ' ($50,900.00) two hundred thousand dollars ($200,000.00) for all damages to or destruction of property in any one accident. Insurance policies shall run concurrently with the license period, and copies or certificates of such policies shall be filed with the inspector prior to the issuance or reissuance of such license. (c) Plans and specifications. Before a license is issued for a solid waste and/or separate waste stream facility, such as a transfer station, compactor station, salvaging operation, shredding location, composting location, inceration plant, or other facility intended to store, handle, treat, utilize, process or dispose of solid waste or separate waste streams, plans and specifications shall be submitted to the city council for approval. In addition to approval by the department of public works, approval will be required by the County of Ramsey, metropolitan council and the Minnesota Pollution Control Agency. Sec. 357.05 Regulations (a) Applicability. These regulations and standards shall apply to the storage, collection, transportation, treatment, handling, utilization, processing and final disposal of all solid waste and separate waste streams, the supervision, inspection and control of all facilities and equipment including operation and maintenance of such facilities and equipment in connection with such solid waste and separate waste streams for the protection of the health, safety and general welfare of the public in Saint Paul. The responsibility for compliance with these regulations and standards shall be with the owner and/or occupant of any premises, business establishment or industry, and the owner and/or operator of any equipment or facilties involved in the storage, collection, transportation, treatment, handling, utilization, processing and final disposal of solid waste and separate waste streams. (b) License to be displayed. All licenses issued in accordance with this chapter shall be displayed where they can be readily seen in or on the site, facility or equipment for which such license is issued and in accordance with public works department rules and regulations. (c) Schedule of charges. Each licensee shall submit to the inspector a schedule of advertised charges in connection with his operation or service at the time of the initial application for license;.—ernet-streh- Charges for solid waste services must vary with the volume or weight of waste collected, in accordance with Minnesota Statutes 115A.93 subd. 3a. Separate charges are to be established for yard waste and other separate waste streams collected as part of the advertised solid waste services. Charges for solid waste services provided after April 1, 1990 to any residential building where there are four (4) or fewer dwelling units must be submitted on a form provided by the inspector and based on the number of solid waste containers serviced by the licensee. Volume based rates must be offered which limit the total amount of solid waste to be collected and shall be in proportion to the amount and weight of solid waste collected. At a minimum, volume based rates must be offered for three levels of service. 5 k--X—c- D The levels of service are for one (1), two (2) and three (3) containers of solid waste. Other rates may be offered for each additional container or for total amounts of solid waste that exceed three (3) thirty-two (32) gallon containers. Charges shall not be changed except by submitting a revised schedule of charges to the inspector at least ten (10) days after the effective date of such changes. The inspector shall report such revised charges to the department of public works within thirty (30) days of the effective date of such changes. Any licensee who shall charge or change his charges contrary to the above procedure shall be required to appear before the city council for consideration of revocation of his license. (d) General regulations; premises. In connnection with solid waste and/or separate waste stream processing or disposal operations licensed under this chapter, the entire operation shall be carried on in such a manner that it does not create excessive noise, dust, or odors. Adequate fire protection shall be provided in loading, unloading, storage and handling areas. An adequate, continuous rodent and insect control program shall be carried on at the site. Such facilities shall be located in areas that are properly zoned and facilities shall be licensed by Ramsey County for the purpose and shall be equipped, operated and maintained in such a way as to minimize the interference with other activities in the area. Adequate sanitary facilities shall be provided at the facility for employees. (e) Identifying sign. A sign shall be posted at the entrance of the facility identifying the operation and indicating the normal hours of operation, and access to the facility shall be provided only during such hours. The sign shall be such as to comply with the requirements of the Minnesota Pollution Control Agency as well as the provisions of this chapter and the city zoning code. (f) Solid waste and/or separate waste stream storage: (1) Responsibility: The owner and/or occupant of any premises, business establishment or industry shall be responsible for the sanitary storage of all solid waste and/or separate waste streams accumulated or stored at the premises, business establishment or industry. (2) Containers: Solid waste • : :• •• : • - . . - - •• - • • when stored out of doors shall be stored in durable, rust-resistant, nonabsorbent, watertight, rodentproof, easily cleanable containers with close-fitting, fly-tight covers. The maximum capacity for solid waste storage containers intended to be handled manually during collection shall be thirty-two (32) gallons and may not exceed thirty (30) pounds in weight. • . . .'- - • . - - • . • . . • . - •• - - • • - . - covers.- In no case shall the out of doors storage of solid waste in plastic bags be allowed - . . • - - • - - • • - -, - - • - - - •••Other types of solid waste containers which may not meet all of the requirements above but which will facilitate solid waste storage, handling and collection in a safe and sanitary way may be approved by the department of public works. All containers for the storage of solid waste shall be maintained in a manner which will prevent the creation of a nuisance or menace to the public health, safety and general welfare. Containers which are damaged, broken or other wise create a nuisance or 6 gp-erf-07/0.1 menace to public health, safety and general welfare shall be replaced with acceptable containers. In accordance with Minnesota Statutes 115A.915 and 115A. 916, a person may not place a lead acid battery or used oil in solid waste. In accordance with Minnesota Statutes 115A.931, after January 1, 1990 a person may not dispose of yard waste in solid waste. Yard waste must be stored separately from solid waste. Lawn clippings, leaves, weeds and garden waste must be stored in clearly marked plastic bags,paper biodegradable weatherproof bags,degradable plastic bags, or a permanent container which is identified as containing yard waste. Prunings must be tied in bundles of less than four feet in length. The maximum capacity for yard waste bags or containers intended to be handled manually during collection shall be thirty-two (32) gallons and may not exceed thirty (30) pounds in weight. Other types of yard waste containers which may not meet the requirements above but which will facilitate yard waste storage, handling and collection in a safe and sanitary way may be approved by the department of public works. All containers for the storage of yard waste shall be maintained in a manner which will prevent the creation of a nuisance or menace to the public health, safety and general welfare. Containers which are damaged, broken or other wise create a nuisance or menace to public health, safety and general welfare shall be replaced with acceptable containers. (3) Storage of Toxic or Hazardous Materials: Toxic or hazardous materials or substances to be disposed of shall not be stored with regular solid waste but shall be stored in a safe location in accordance with applicable provisions of the requirements of the City of Saint Paul and the State of Minnesota. (4) Location of Containers. Containers for solid waste and/or yard waste storage shall be kept in locations that do not create a nuisance and such locations shall be maintained in a manner acceptable to the department of public works. In no case shall the containers be kept beyond the alley line as defined in the zoning code or on boulevards except on the day of collection. (5) Containers for Collection: Where solid waste collection or pickup is by manual means, containers for collection shall be of a maximum size of thirty-two (32) gallons and may not exceed thiry (30) pounds in weight. For the purpose of handling solid waste during collection, all solid waste may be contained in plastic bags when such arrangement for collection has been approved by the department of public works. Where yard waste collection or pickup is by manual means, containers for collection shall be of a maximum size of thirty-two (32) gallons and may not exceed thirty (30) pounds in weight. (5) (6) Solid Waste Not Suitable for Storage in Containers and/or Separate Waste Streams:- Trees, tree limb_, _ ___a _h_._ks; Furniture, tires, lead acid batteries, used motor oil, recyclable materials, major appliances and similar -rubbish- items shall be kept in a manner so as not to create a nuisance or a rat harborage. Trees, tree limbs, prunings, scraps of wood, cardboard, magazines, newspapers, other recyclable materials and similar items must be tied in bundles of suitable size for handling during collection. Used motor oil must be placed in a suitable container with a tight fitting lid and clearly labeled as containing used motor oil. 7 6PI9-4/el (7) In accordance with Minnesota Statutes 115A.03, subd. 17a and 115A.9561, a person may not place a major appliance in solid waste after July 1, 1990. (g) Collection and transportation: (1) Responsibility: The owner and/or occupant of any premises,business establishment, or industry and/or the -refuse- solid waste and/or separate waste stream collector involved, if any, shall be responsible for the safe, sanitary and satisfactory collection and transportation of solid waste and/or separate waste streams accumulated or stored on a premises, business establishment or industry to an approved solid waste treatment, handling, salvaging, compacting, composting, shredding, incineration, processing or disposal site or facility or on a site or facility involved in any combination of such activities. (2) Operations and Facilities: Vehicles or containers used for the collection and transportation of solid waste . . - . . . . •• - . - shall be durable, rust-resistant, leakproof and easily cleanable with tight-fitting covers of a type approved by the department of public works. Such vehicle or container shall be maintained in good repair and shall be properly cleaned to prevent a nuisance or insect breeding. Vehicles and containers used for the collection and transportation of all solid waste shall be loaded and moved in such a manner that contents will not fall, spill or leak therefrom and shall be covered to prevent blowing of material. Where spillage does occur for any reason, the material spilled shall be picked up immediately by the collector or transporter and returned to the vehicle or container and the area properly cleaned up. Vehicles or containers used for the collection and transportation of separate waste streams shall be durable, rust-resistant, leakproof and easily cleanable. Vehicles or containers used for the collection and transportation of certain separate waste streams may be required to have tight-fitting covers of a type approved by the department of public works. Such vehicle or container shall be maintained in good repair and shall be properly cleaned to prevent a nuisance or insect breeding. Vehicles and containers used for the collection and transportation of separate waste streams shall be loaded and moved in such a manner that contents will not fall, spill or leak therefrom and shall be covered if necessary to prevent blowing of material. Where spillage does occur for any reason, the material spilled shall be picked up immediately by the collector or transporter and returned to the vehicle or container and the area properly cleaned up. Solid waste from any premises, business establishment or industry, such solid waste-should-must be collected at least once every seven (7) calendar days,• • - . . . - • - : .. - : . . . - .. i - • • - :' • -': : . . . - - - . • The owner or occupant of the premises, business establishment or industry must show evidence of hauling service, or that he/she has transported solid waste generated at the premises, business establishment or industry to the Ramsey/Washington County Waste-to-Energy Facility at Newport, or to a licensed transfer station in the city. Yard waste must be removed from any premises, business establishment or industry at least once every fifteen (15) calendar days during the period from April 1 to November 30, unless otherwise exempted in Section 357.01 (b). 8 be eti-02/of/ (3) Toxic or Hazardous Material: Toxic or hazardous materials to be disposed of shall not be collected or transported with other solid waste unless such combined collection and transportation is approved by the department of public works and shall be in accordance with the state and local requirements. -. . . . : - • , - - : . - - - , , .. , - , . • : - .. - • . . . • - -' a -. { } : • .-, - . . : •• •••, • • ••• .. . : . . : - - .• . : . . . . - - '. . {63 (4) Name of Licensee Displayed: All vehicles and equipment licensed hereunder shall have, on each side of said vehicle and equipment in a position where it may be clearly seen, the name of the licensee in block letters not less than two (2) inches high, painted in a contrasting color. (5) A collector or hauler of solid waste may not place major appliances in a solid waste collection vehicle which compacts materials after July 1, 1990, and major appliances must be delivered to a county approved facility for the safe removal, recycling or disposal of capacitors, mercury switches, and CFC refrigerants as provided in Minnesota Statutes 115A.552, subd. 1. (6) Effective January 1, 1990, each licensed solid waste collector shall, at least twice monthly, separately collect and transport yard waste, or make available such services, to a site or sites approved for yard waste composting, in accordance with Minnesota Statutes 473.803, subd. 1, le and 2a, and 115A.551. and 115A.552, and 473.811, during the period from April 1st through November 30th or as designated by the Ramsey County director of public health. (h) Transfer, treatment or otherwise handling of solid waste and/or separate waste streams. (1) Responsibility: The owner and/or occupant of any premises, business establishment or industry involving a facility operated for the transfer, treatment, salvaging, composting, shredding, compacting, processing or otherwise handling solid waste and/or separate waste streams shall be responsible for the maintenance of such facility in a manner which is not detrimental to the health, safety and general welfare of the public and is in accordance with the provisions of this chapter and the rules and requirements of the department of public works. (2) Operations and Facilities: All operations and facilities for the transfer, treatment, salvaging, composting, compacting, shredding, processing or otherwise handling solid waste and/or separate waste streams shall be carried on in facilities designed for the purpose and approved by the County of Ramsey, the metropolitan council and the Minnesota Pollution Control Agency,as required,and licensed by the City of Saint Paul. All solid waste and/or separate waste streams involved in the operation of the 9 //, I x/ , /4„,92„,,,,,,7 oft .or, .5t-/Ged ed - .d.a,-‘01,4=7, 471,1/A0,7/. Q� �f��% > , // " -/- aefrae- w 4 • • __exi-e)a6 9, ,11 , Oa.rp-112 -- _row , f 2,77, 4- (r, „„yht 7a4Z__ , el-667- 1;27 ckz,/,‘ • h • I • I • • • • • -- •� _ _. • • • -doe ge*)77 G6F--;7 ii-r2e1-1-ee.46eee,- ade-e-e--"e-4;e Z2ir % II j z ofr /setz,,,k) -- . --__ � ' | ` ' ^ � -- 'I _ -_ -- � ' _ ` --' _ ` . ' . ' | --- - - | _ !| /'/| er-447-07id facility shall be confined to adequate, enclosed areas for dumping, storage and handling. Access to the facility shall be provided only at times that are approved and when authorized employees are on duty at the facility. Adequate equipment and facilities shall be provided to clean the loading, unloading, dumping, storage and handling areas; and it is required that the entire facility be maintained in a sanitary condition at all times. (i) Incineration: (1) Responsibility: The owner and/or occupant of any premises, business establishment or industry involved in the operation of an incinerator for the reduction of solid waste by incineration shall be responsible for the operation and maintenance of such facility in a manner consistent with the health, safety and general welfare of the public and in accordance with the provisions of this chapter and in compliance with the requirements of the Minnesota Pollution Control Agency. (2) Facilities and Operation: All facilities and operations for the reduction of solid waste by incineration and any attendant operation as listed in paragraph (h) of this section that may be carried on in conjunction with incineration at the same premises shall be carried on in a facility designed for the purpose and approved by the County of Ramsey, metropolitan council, the Minnesota Pollution Control Agency, and as approved and licensed by the City of Saint Paul. All solid waste involved in the operation of the facility shall be confined to adequate enclosed areas for dumping, storage, handling and charging. Adequate fire protection shall be provided in the dumping, storage, handling and charging areas. Adequate facilities and equipment shall also be provided to clean the entire premises, including water supply and drainage for washing down the entire facility. The provisions of this section shall not only apply to the incineration activities where the sole purpose is the reduction of solid waste in volume and weight, but also to such other activities as may be required to salvage, process and utilize solid waste for such operations as the generation of steam for heat and power. The remaining solid wastes, such as incinerator residue and noncombustible solid waste which is to be finally disposed of at a sanitary landfill, are to be removed from the site regularly with no excessive storage of such material at the incinerator site. Access to the facility shall be provided only at those times which are approved and when authorized employees are on duty at the facility. (j) Sanitary landfill: (1) Responsibility: While it is not anticipated that there will be any public or private sanitary landfill operation within the city limits after the closing of the Pig's Eye landfill operation, these provisions are included in the event that the availability of sites in other locations makes it necessary to utilize relatively small areas that may be available. Such sites, with certain specific variances from the Minnesota Pollution Control Agency, the County of Ramsey, the metropolitan council and the City of Saint Paul may be required for the disposal of solid waste within the City of 10 epel Saint Paul. The owner and/or occupant of any premises to be utilized for the purpose of a sanitary landfill disposal area shall be responsible for the operation and maintenance of such facility in a manner consistent with the health, safety and general welfare of the public and in accordance with this chapter and in compliance with all applicable state laws. (2) Facilities and Operation: All facilities and operation of a sanitary landfill for the disposal of solid waste shall be carried on on a premises that is approved and licensed by the City of Saint Paul for this purpose. No such sanitary landfill shall be approved or licensed unless it has been approved by the Minnesota Pollution Control Agency, the metropolitan council and Ramsey County. Adequate fire protection shall be provided and arranged for at the site. Access for the purpose of disposing of solid waste shall be during the hours that are approved by the city council and shall only be at those times when authorized employees are on duty at the facility. Sec. 357.06. Enforcement. (a) Revocation or suspension of license. The city council may suspend or revoke such license when the licensee neglects or fails to comply with the provisions of applicable Minnesota Statutes, Ramsey County solid waste management ordinances, and city ordinances . . : ': : : .. e city council with reference to solid waste. (b) Inspection. Inspection may be made of any premises or facilities in connection with the storage, collection, transportation, treatment, handling, utilization, processing and final disposal of solid waste and/or separate waste streams at any reasonable time upon showing proper identification. Inspection may be made by authorized personnel from the department of public works, the city fire marshal, the division of public health, the division of housing and building codes enforcement, or the County of Ramsey, the metropolitan council, the Minnesota Pollution Control Agency, as appropriate, or any peace officer. (c) Violations. Whenever it is found that a violation of the provisions of this chapter exists, the department of public works may take action to correct the conditions by serving a written order or notice upon the person responsible therefor directing him to discontinue such illegal action or correct such condition which is in violation of this chapter. Sec. 357.07. City Collection of Solid Waste. (a) City department may collect solid waste. The department of public works may and the department of community services shall collect or arrange for collection of solid waste from city buildings. . . • - • • . -: ••• : • •• . • • - - • • : •• - - - - - - : . • • • - : - - : • . • - . • . - • - - • • . • '. . . . • • • • - ': • • - : . • . • • - - • • - : - - • • • • • • • • . • • • • • - • • • 11 e et • •- ; - - ': - . • : • . • - - --- • • : i . • • - . : . • - •• • ; . - ••- I - .. - • : • . - '. : - - - • .. , -,•: • -- - : • -- -; .. - - - • .: - r solid wastc collcction. It is the intent of the city council that the city's solid - - • - - _, • • - . : •': : . • - : • - ; ; , a - - - • ••• - - - - -- • :' - ; - - • • . - • : • • • • • ; ; •• ■• •• • • • • : - - : •• er of the premises served shall pay such rates within the • • are-ealleeted7- 11 - - - • • - - - • - I, - - - • - 11 - - -; - • • - - • . • or • • •• .: : . • • • • • -: • • • • • •• 357.08. Mandatory Separation of Recyclable Materials (a) Mandatory Separation Required. Effective January 1, 1991, all owners, lessees or occupants of residential buildings consisting of four or less dwelling units shall separate paper, glass and metal recyclable materials from solid waste. It is the responsibility of every owner, lessee or occupant of residential buildings consisting of four or less dwelling units to set recyclable materials out for collection in the manner approved by the city or deliver the recyclable materials to a recycling facility approved in accordance with Minnesota Statutes 115A.552, subd. 2. (b) Containers for Recyclable Materials. Containers for recyclable materials used by owners, lessees or occupants of any residential buildings consisting of four or less dwelling units shall: (1) include kraft paper bags, corrugated cardboard boxes and other materials substantial and adequate enough to contain the recyclable materials, but may not include plastic bags; (2) be located in such a manner so as to prevent the containers from being overturned, obstructing pedestrian or motor vehicle traffic or being in violation of any statute, 12 epe14-04, ordinance, rule or regulation; (3) be kept in an enclosed area except on the evening prior to and the day of regularly scheduled curbside collection; and (4) be maintained in conditions in accordance with all pertinent health statutes, ordinances, rules and regulations. (c) Collection of Recyclable Materials. The residential curbside or alley collection of recyclable materials shall be supervised by the city, and such organizations appointed by the city, which shall have the power to establish the time, method and routes of collection. Collection provisions shall include but not be limited to the following: (1) Notice of dates and times of collection will be published and otherwise made available to persons affected herein. (2) Notice of the location and hours of business for sites where any person may deposit recyclable materials will be made available to persons affected herein. (31 Nothing in this Ordinance shall abridge the right of any person to give or sell their recyclable materials to any lawfully operated recycling program or facility. (4) Nothing in this Ordinance shall abridge the right of any authorized recycling facility to lawfully operate within the City, subject to such licenses, permits or regulations as may be required by law. (d) Enforcement. The provisions of this Section shall be enforced by the public works department. (e) Penalty. A violation of any provision of this Section shall result in a $25.00 penalty for each owner, lessee or occupant of residential buildings consisting of four or less dwelling units. A violater shall be given a written warning for the initial violation. A penalty shall be imposed for each subsequent violation. Each day a violation continues shall constitute a separate offense. cfl Findings and Determinations (1) In the exercise of its governmental authority and in order to promote the public health, safety, convenience and general welfare, the City will facilitate the increased collection of separated recyclable materials. (2) In accordance with Minnesota Statutes 115A.46, subd.4, a county may not delegate to another governmental unit or other person any portion of its responsibility for solid waste management unless it establishes a funding mechanism to assure the ability of the entity to which it delegates responsibility to adequately carry out the responsibility delegated. (3) It may be necessary to recover the costs of operating the curbside recycling collection service not paid for by state, county or regional funds as provided for in Minnesota Statutes 115A.557, 115A.919, 473.843, 473.844, 473.8441, and 275.50, subd. 5k the imposition of charges as provided herein. Charges for some or all of the costs of operating, maintaining and improving the recycling collection service shall be apportioned to all residential buildings consisting of four or less dwelling units. 13 Er-41'4'14d Charges. The charge for allowable costs of providing recyling collection services shall be paid from funds received by the city from Ramsey County. In the event that additional funds are necessaary or desireable, the city council may adopt a resolution establishing an annual recycling charge to be paid by each property owner receiving recycling collection services. (h) Penalties and charges. Penalties and charges that remain unpaid for more than ninety (90) days on April 1 of any year may be certified to the County Auditor along with real estate taxes as a special assessment. In addition, the City shall have the right to bring a civil action or to take other legal remedies to collect unpaid penalties and charges. Sec. 357.09. Ownership of recyclable materials. Ownership of recyclable materials set out for the purpose of participating in curbside or alleyside recycling programs shall remain with the person who set out the materials until removed by the authorized collector. Until the materials are removed by the authorized collector, the person who set out the materials is totally responsible for their proper preparation, handling and storage. Ownership and responsibility for the proper handling of the recyclable materials shall vest in the authorized collector upon removal thereof by the collector. Sec. 357.10. Unauthorized collection. It shall be unlawful for any person who is not authorized by the city or county to take or collect recyclable material set out for authorized collection programs within the city. Any person violating this provision shall be subject to the penalties provided in section 1.05 of this Code. Sec. 357.11. Composting. Composting is permitted provided the following regulations are complied with: (a) Composting shall be contained within an area not to exceed four feet wide by four feet long byfeet high, and the container shall be of a durable material such as wood or block. 2 (b) The compost container shall be located at least 10 feet from lot lines and be placed no closer than 20 feet to any habitable building. (c) Only organic materials, such as vegatable and fruit scraps, straw, coffee grounds, leaves, sawdust, weeds, wood ash and plant trimmings, may be placed in the compost container. (d) None of the following materials shall be placed in the compost container: meat, bones, fat oils, paper, whole branches or logs, dairy products, plastics, synthetic fibers, human or pet wastes or diseased plants. 14 DEPARTMENT,OFFICE/COUNCIL DATE INITIATED J Public �^blic Works 10-30-89 GREEN SHEET NO. 1 9 CONTACT PERSON 8 PHONE INI DATE NITIAL DATE— 1 jtSFAAR NT ici£ D1FIt'CfOR 'CITY COUNCIL Rick Person 292-6122 ASSIGN NUMBER FOR IT] ATTORNEY 14 I CITY CLERK MUST BE ON COUNCIL AGENDA BY(DATE) ROUTING n BUDGET DIRECTOR I I FIN.&MGT.SERVICES DIR. ORDER 13 I MAYOR(OR ASSISTANT) TOTAL#OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED An ordinance amending Chapter 357 of the Saint Paul Legislative Code pertaining to the regulation of solid waste; repealing Chapter 222 of the Saint Paul Legislative Code regulating scavenging of recyclable materials and adding it to Chapter 357. RECOMMENDATIONS:Approve(A)or Reject(R) COUNCIL COMMITTEE/RESEARCH REPORT(OPTIONAL) —PLANNING COMMISSION _CIVIL SERVICE COMMISSION ANALYST PHONE NO. CIB COMMITTEE STAFF COMMENTS DISTRICT COUNCIL SUPPORTS WHICH COUNCIL OBJECTIVE? INITIATING PROBLEM,ISSUE,OPPORTUNITY(WHO,WHAT,WHEN,WHERE,WHY): Solid Waste Task Force recommendations; increasing illegal disposal of solid waste throughout St. Paul; state, metro council and county mandates for waste abatement. RECEIVED E EIvEo NOV2°1989 N U V _ 19er; CU'? t;Ltrck ADVANTAGES IF APPROVED: The Minnesota State Legislature has adopted legislation pertaining to the storage, handling, collection and processing of solid waste and recycling of materials, including the delegation of authority to cities to license such activities, require volume or weight basis of charges, recycling goals, separate management of the collection of major appliances, motor vehicle batteries and motor oil, and separate management of yard waste. To protect the public safety, health and welfare, the Legislature and pursuant to the Home Rule Charter by means of the following regulations relating to solid waste management, licensing, and standards relating to sites and facilities relating to waste materials. DISADVANTAGES IF APPROVED: DISADVANTAGES IF NOT APPROVED: Delays in implementation of mandated and other solid wate management activities. Council Research Center NOV 171989 TOTAL AMOUNT OF TRANSACTION$ NA COST/REVENUE BUDGETED(CIRCLE ONE) YES NO FUNDING SOURCE ACITVITY NUMBER FINANCIAL INFORMATION:(EXPLAIN) 02) ►, 2 o; CITY OF SAINT PAUL 8. _ OFFICE OF THE CITY COUNCIL 0 .°�U v ROGER GOSWITZ RECEIVED KATHY GELAO Councilmember Legislative Aide AUG 041989 CITY CLERK July 27, 1989 To Persons Interested in Solid Waste Management: This is to inform you that on August 24, 1989 at 9:00 a.m. in the City Council chambers, the Saint Paul City Council will hold a public hearing, as required under the Minnesota Waste Management Act, as amended, to receive testimony and comment from citizens about developing an organized refuse collection system for Saint Paul . In order to respond to new requirements and challenges in the Waste Management Act, the Metropolitan Council policy plan, and the Ramsey County master solid waste plan, an organized collection system may include the following features: organized collection of mixed solid waste, mandatory collection of mixed waste, volume based pricing, source separation of recyclables, and separate yard waste collection. The purpose of the public hearing is to discuss organized collection, which is expected to take up most of the hearing. Other related issues will be discussed as time permits. Those of you who presented your views and comments at the Je 13, 1989 special meeting of the Public Works Committee need not testify at the hearing again, but you may if you wish. Testimony heard at the June 13 meeting will be inserted into the official hearing record on August 24. Please contact Bruce Hoheisel at 298-5309 to indicate your desire to speak at the public hearing. Written testimony may also be submitted. Thank you. Sincerely, ROGER J. GOSWITZ, Chairman Public Works Committee CITY HALL SEVENTH FLOOR SAINT PAUL, MINNESOTA 55102 612/298-4475 904191O 46 NOTICE OF PUBLIC HEARING The St. Paul City Council will hold a public hearing, as required under the Minnesota Waste Management Act,as amended,on August 24, 1989 at 9:00 a.m.in the City Council Chamnbers, 3rd floor of City Hall, to receive testimony and comment from citizens about developing an organized refuse collection system for St. Paul. Please contact Bruce Hoheisel at 298-5309 to indicate your desire to speak at the public hearing. Dated August 3, 1989. ALBERT B. OLSON, City Clerk (August 5, 1989)