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HomeMy WebLinkAbout2011-16 Amending Chapter 13 Concerning Collection and Disposal of Refuse and Recyclables ORDINANCE NO. 2011-16 AN ORDINANCE AMENDING CHAPTER 13 OF THE EDINA CITY CODE CONCERNING COLLECTION AND DISPOSAL OF REFUSE AND RECYCABLES THE CITY COUNCIL OF EDINA ORDAINS: SECTION 1. Chapter 13, Section 1300 of the Edina City Code is amended to provide: 1300.01 Haulers to be Licensed. No person shall engage in hauling, conveying or collecting refuse, as defined in Section 705 of this Code, or recyclables,as defined in Section 715 of this Code unless that person holds a valid license issued under this Section. No license shall be issued to haul, convey or collect refuse or recyclables in any district established pursuant to Subsection 705.09 or Subsection 705.10,except an exclusive license shall be applied for and issued pursuant to this Section to the person authorized by the City to haul, convey, or collect refuse or recyclables in a district so established. 1300.02 License Procedure and Fee; Insurance; Bond. Subd. 1 Procedure and Fee. Section 160 of this Code, including the penalty provisions, shall apply to all licenses required by this Section and to the holders of such licenses, except that licenses shall be granted or denied by the Sanitarian. In addition to the information required by Section 160,the application for license or renewal of license shall be accompanied by a description of the types and makes of vehicles used for collection,a schedule of the charges to be made in accordance with the requirements of Subd.4 of this Subsection,the frequency of service to be rendered and full information as to where and how the material collected will be disposed of. The application shall be accompanied by the fee set forth in Section 185 of this Code. Subd. 2 Insurance.Applicants for licenses or renewals of licenses shall file with each application a certificate of insurance under which there is coverage as to each vehicle to be used,for the entire term of the license applied for,for loss or damage to persons in the amount of$1,000,000499-,GAA for each person and $1,000,000-300-,OW for each occurrenceaeddeR., and for loss or damage to property in the amount of $1,000,000&Q-,WQ. Each policy shall provide that it shall not be canceled, or terminated or modified without first giving notice to the City. Subd. 3 Bond. Before obtaining any license under this Section,except an exclusive license issued in a district established by Subsection 705.09 or 705.10 of this Code, the applicant shall file with the Clerk a bond naming the City as obligee in the penal sum of$1,000 for each vehicle the applicant uses to collect refuse or recyclables in the City. The Bond shall be conditioned that the applicant shall save the City harmless for all actions, damages and expenses arising from the applicant's failure to comply with any provisions of this Code. Before granting any exclusive license for a district established by Subsection 705.09 or Subsection 705.10 of this Code,the exclusive licensee shall have on file with the Clerk a bond naming the City as obligee in the penal sum of not less than $25,000 for each district, or in the penal sum of not less than $100,000 if the district covers the whole of the City.The bond shall be conditioned that the applicant shall save the City harmless for all action, damages and expenses arising from failure to comply with any provisions of this Section or exclusive license. The bond shall be submitted on forms provided by the Clerk.The surety shall be a corporation duly authorized to act as such under laws of the State.The term of the bond shall be continuing and shall not terminate until 30 days after the date when the Clerk receives written notice of the termination by registered mail. Subd.4 Volume Based Fees.The applicant shall submit a schedule of refuse collection charges,exclusive of Source Separated Compostable Materials(SSCM),to the City Sanitarian.The-schedule shall be in direct relationship to the volume or weight of refuse collected from each customer, exclusive of the SSCM collection process. 1300.03 Decals to be Placed on Vehicles. Whenever a license or renewal has been issued,the Sanitarian shall furnish the licensee a decal for each vehicle.The decal shall be worded as to signify that the vehicle is licensed by the City.The licensee shall apply the decal to the forward left side of the body of each vehicle licensed. 1300.04 Vehicles. Subd. 1 Specifications.The body of every vehicle licensed under this Section shall be constructed entirely of metal,or the space in the vehicle in which refuse or recyclables is kept shall be completely lined with metal. All joints shall be closed so that no dripping or leaking or drain off of water, liquid or any substance can occur.The loading space shall be provided with a tight metal hood having an opening fitted with metal doors,or shall be provided with a heavy tarpaulin or equivalent cover fitted with eyes,grommets, tie ropes or hooks so that the cover can be held securely over the loaded refuse. Refuse and recyclables shall be loaded so that none of the materials can jar loose and fall from the vehicle. Loose paper and other materials shall be secured so they cannot be dispersed by wind or fall from the vehicle. Subd. 2 Cleanliness. Every licensed vehicle used for collecting refuse shall be steam cleaned at least every week to prevent persistent odors, and shall be steam cleaned before being used for any other purpose. Subd.3 Marking of Vehicles. Every vehicle used to collect refuse shall have the name of the owner or operator on the body, or placed on a durable metal or wood plaque which shall be fastened to the body when the vehicle is used for collecting refuse or recyclables. Subd.4 Containers Used in Vehicle. Containers used to store or carry refuse in any licensed vehicle shall comply with the requirements of Subsection 705.02. 1300.05 Collection of Compostable Materials. Haulers shall collect from residential customers and segregate from other refuse, all grass clippings and leaves which have been separated from other refuse and placed in bags designed for compostable materials. Haulers shall report to the Sanitarian the amount, by weight, of the leaves and grass clippings delivered to compost disposal sites approved by the County for the four-month periods ending April 30, August 31 and December 31.The reports shall be submitted within 15 days following the end of each four month period. Licensed haulers shall provide to customers, upon a customer's request, a yard waste container with close-fitting top for grass clippings, leaves and Source Separated Compostable Materials (SSCM).The containers shall be constructed of non-combustible materials including the cover.The containers shall be at least thirty(30)gallons in size, and provided to customers at a charge, if any, determined by the licensed hauler. 1300.06 Recyclable Collections Service. All persons licensed under this Section who haul, convey or collect refuse from residential buildings containing three or more dwelling units shall offer recyclable collection service to such buildings. 1300.07 Recycling Reports. Within 30 days after the end of each calendar quarter and upon request made by the Sanitarian, each licensed hauler shall provide the City such information as is then requested by the Sanitarian on forms prescribed by the Sanitarian, relative to the recyclables collected during the period subsequent to the prior report to the City. The report shall include the amounts and kinds of recyclables and the markets used for the sale of, and primary purchaser of, recyclables. 1300.08 Service to Residential Properties. Containers kept outside shall be placed and kept in such a manner as not to permit entry of or harborage for animals, insects or other vermin. Haulers providing service to single dwelling unit, double dwelling unit and townhouse properties shall offer to their customers the option of collecting refuse from containers placed for collection at locations on the property other than at the curb. If the customer chooses such an option, the hauler shall collect refuse from the containers and return the empty containers to the location on the property specified by the customer. The hauler may not charge a different rate for collecting refuse at locations on the property other than the curb. 1300.09 Refuse Reports. Within thirty (30) days after the end of each calendar quarter,each licensed hauler shall provide the City Sanitarian on forms prescribed by the City Sanitarian,the total weight of refuse collected during the quarter. SECTION 2. This ordinance shall be effective immediately upon its passage and publication. First Reading: November 16, 2011 Second Reading: Waived Published: November 23, 2011 Attest: i AtA 0 Debra A. Mangen, City Clerk James B. Hovland, Mayor Please publish in the Edina Sun Current on Wednesday November 23, 2011 Send two Affidavits of Publication. Bill to Edina City Clerk W W W.M i n n Local.eom Cit of Edina when the Clerk receives written notice of The report shall include the amounts and Y the termination b registered mail. kinds of recyclables and the markets (Official Publication) Subd.4 Volume Based Fees.The appli- used for the sale of, and primary pur- ORDINANCE NO.2011-16 cant shall submit a schedule of refuse chaser of,recyclables. AN ORDINANCE AMENDING collection charges,exclusive of Source 1300.06 Service to Residential Proper- CHAPTER 13r t" I M ties.Containers kept outside shall be OF THE EDINA CITY CODE IS CMI. to the ity Sanitarian.The placed and kept in such a manner as not �. CONCERNING COLLECTION schedule shall be in direct relationship to to permit entry of or harborage for ani- AND DISPOSAL OF REFUSE AND the volume or weight of refuse collected mals, insects or other vermin.Haulers ii1A E iD I A RECYCABLES from each customer, exclusive of the providing service to single dwelling unit, THE CITY COUNCIL OF EDINA OR- SSCM collectionrte. double dwelling unit and townhouse AFFIDAVIT OF PUBLICATION DAINS: properties shall offer to their customers 1300.03 Decals to be Placed on Vehicles. the option of collecting refuse from con- STATE OF M I N N ESOTA SECTION 1.Chapter 13,Section 1300 of Whenever a license or renewal has been tainers placed for collection at locations the Edina City Code is amended to pro- issued,the Sanitarian shall furnish the li- on the property other than at the curb.If )ss. vide: censee a decal for each vehicle.The the customer chooses such an option, COUNTY OF HENNEPIN 1300.01 Haulers to be Licensed.No per- decal shall be worded as to signify that the hauler shall collect refuse from the the vehicle is licensed by the City.The li- containers and return the em contain- son shall engage in hauling,conveying or censee shall apply the decal to the for- pry Richard Hendrickson, being duly sworn on collecting refuse,as defined in Section ward left side of the body of each vehicle ers to the location on the property speci- 705 of this Code,or recyclables,as de- licensed. fied by the customer.The hauler may not an oath,states or affirms that he is the Chief fined in Section 715 of this Code unless charge a different rate for collecting Financial Officer of the newspaper(s)known that person holds a valid license issued 1300.04 Vehicles. refuse at locations on the property other under this Section.No license shall be is- than the curb. as sued to haul,convey or collect refuse or Subd.1 Specifications.The body of every Edina Sun-Current recyclables in any district established vehicle licensed under this Section shall 1300.09 Refuse Reports.Within thirty pursuant to Subsection 705.09 or Sub- be constructed entirely of metal,or the (30)days after the end of each calendar section 705.10, except an exclusive li- space in the vehicle in which refuse or re. quarter,each licensed hauler shall oro- cense shall be applied for and issued pur. cyclables is kept shall be completely lined vide the City Sanitarian on forms pre- suant to this Section to the person au- with metal.All joints shall be closed so scribed by the City Sanitarian.the total and has full knowledge of the facts stated thorized by the City to haul,convey,or that no dripping or leaking or drain off of weight of refuse collected during the below: collect refuse or recyclables in a district water,liquid or any substance can occur. r r• so established. The loading space shall be provided with SECTION 2.This ordinance shall be ef- (A)The newspaper has complied with all of a tight metal hood having an opening fit- fective immediately upon its passage and the requirements constituting qualifica- 1300.02 License Procedure and Fee;In- ted with metal doors,or shall be provided S,jrance;Bond. with a heavy tarpaulin or equivalent cover Publication. tion as a qualified newspaper as provid- Subd.1 Procedure and Fee.Section 160 fitted with eyes,grommets,tie ropes or First Reading:November 16,2011 ed b Minn. Stat. x331 A.02, 331 A.07, S this Code,duceincluin the penalty r160ovi- hooks so that the cover can be held se- Second Reading:Waived Y § § sions,shall apply di all licenses a wired curely over the loaded refuse. Refuse Published:November 23,2011 and other applicable laws as amended. by this section and tole holders of such and recyclables shall be loaded so that Attest: (B)The printed public notice that is attached licenses, except that licenses shall be none of the materials can jar loose and Debra A.Mangen,City Clerk ranted or denied b the Sanitarian.In fall from the vehicle. Loose paper and ,lames B.Hovland,Mayor was published in said newspaper(s) g y other materials shall be secured so they y once each week,for One SUCCBSSIVe addition to the information required by cannot be dispersed by wind or fall from Section 160,the application for license or (Nov.24,2011)D1-Ord2011-16 week(s);it Was first published On Thurs- renewal of license shall be accompanied the vehicle. day,the 24 day Of November by a description of the types and makes Subd.2 Cleanliness.Every licensed ve- + of vehicles used for collection,a sched- hicle used for collecting refuse shall be 2011, and was thereafter printed and ule of the charges to be made in accor- steam cleanedatleast every week topre- dance with the requirements of Subd.4 of vent persistent odors,and shall be steam p Y Y this Subsection,the frequency of service cleaned before being used for any other eluding Thursday, the __ day of to be rendered and full information as to purpose. where and how the material collected will 2011;and printed Subd.3 Marking of Vehicles.Every vehi- be disposed of.The application shall be cle used to collect refuse shall have the below IS a Copy Of the lower Case alpha- accompanied by the fee set fort in Sec- name of the owner or operator on the bet from A to Z, both inclusive, which IS tion 185 of this Code. body, or placed on a durable metal or hereby acknowledged as being the size Subd.2 Insurance.Applicants for licens- wood plaque which shall be fastened to and kind of a used in the composition es or renewals of licenses shall file with the body when the vehicle is used for col- typ p each application a certificate of insur- lecting refuse or recyclables. and publication of the notice: ance under which there is coverage as to Subd.4 Containers Used in Vehicle.Con- each vehicle to be used, for the entire tainers used to store or carry refuse in damage to persons in the amount of abcdefghijklmnopgrstuvwxyz term the license applied for,for loss or any licensed vehicle shall comply with the $1�(QQ,QQQ4A9,A96 for each person and requirements of Subsection 705.02. $1.000.00029AT99A for each occur- 1300.05 Collection of Compostable Ma- c r n ,and for loss or damage to terials. Haulers shall collect from resi- n property in the amount Of dential customers and segregate from $1 QQQ QQQ69r999.Each policy shall pro- other refuse, all grass clippings and BY: vide that it shall not be canceled,or ter- leaves which have been separated from urinated or modified without first giving other refuse and placed in bags designed CFO notice to the City. for compostable materials.Haulers shall Subd.3 Bond.Before obtaining any li- report to the Sanitarian the amount,by cense under this Section,except an ex- weight,of the leaves and grass clippings elusive license issued in a district estab- delivered to compost disposal sites ap- + lished by Subsection 705.09 or 705.10 of Proved by the County for the four-month Subscribed and sworn to or affirmed this Code,the applicant shall file with the Periods ending April 30,August 31 and before me on this 25 day of Clerk a bond naming the City as obligee December 31.The reports shall be sub- November ,2011. in the penal sum of$1,000 for each vehi- mitted within 15 days following the end of cle the applicant uses to collect refuse or each four month period. Licensed recyclables in the City.The Bond shall be haulers shall provide to customers,upon conditioned that the applicant shall save a customer's request.a yard waste con- the City harmless for all actions, dam- tainer with close-fitting top for grass clip- iy ages and expenses arising from the ap- pings. leaves and Source Separated C Compostable Materials (SSCM).The plicant's failure to comply with any provi- containers shall be constructed of non- Notary Public sions of this Code.Before granting any combustible materials including the exclusive license for a district established cover.The containers shall be at least by Subsection 705.09 or Subsection thirty(30)gallons in size,and provided to =HELKENN censee h this Code, the exclusive li- censee a customers at a charge,if any.determined N N bond n shall have Ci file with the Clerk a by the licensed hauler. bond naming the City as obligee in thepenal sum of not less than$25,000 for 1300.06 Rec clable Collections Service. EsoTn Yeach district,or in the penal sum of not All persons licensed under this Section 1.20115 less than$100,000 if the district covers who haul,convey or collect refuse from the whole of the City.The bond shall be residential buildings containing three or conditioned that the applicant shall save more dwelling units shall offer recyclable the City harmless for all action,damages collection service to such buildings. and expenses arising from failure to com- ply with any provisions of this Section or 1300.07 Recycling Reports.Within 30 exclusive license. days after the end of each calendar quar- ter and upon request made by the Sani- The bond shall be submitted on forms tarian,each licensed hauler shall provide provided by the Clerk.The surety shall be the City such information as is then re- a corporation duly authorized to act as quested by the Sanitarian on forms pre- such under laws of the State.The term of scribed by the Sanitarian,relative to the the bond shall be continuing and shall not recyclables collected during the period terminate until 30 days after the date subsequent to the prior report to the City.