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HomeMy WebLinkAbout2024-520 Amending Ordinance for Solid Waste - REVISED - revised - 4-11-24City of Corcoran Counfy of Hennepin Stafe of Minnesota ORDINANCE NO. 2024-520 Motion By: McKee Seconded By: Bottema April 11, 2024 AN ORDINANCE AMENDING REGULATING SOLID WASTE COLLECTION THE CORCORAN CITY COUNCIL ORDAINS AS FOLLOWS: Chapter 117. Solid Waste Collection 117.01: Purpose The City Council finds that it is in the best interests of the health and safety of the residents of Corcoran to mandate that all residential and other generators of waste in the city provide for disposal thereof as set forth in this section. Disposal of waste in accordance with this section will help to ensure that waste is disposed of properly and promptly and will help to avoid the potential health and safety risks to residents and persons in the City caused by improper disposal or lack of disposal of waste. 117.02: Definitions The terms "construction debris", "hazardous waste", "mixed municipal solid waste", "solid waste" and "yard waste" shall have the meanings given to them in Minnesota Statutes, sections 115A.03 and 116.06, unless the context clearly indicates to the contrary. 117.03: Solid waste storage and disposal requirements Subd. 1 Storage. Each residential household is responsible for preventing the accumulation of solid waste on property occupied by the household. On the designated day of pickup, all solid waste must be set out in a designated container as described in Subd. 2 of this section for collection. Each household shall contain its solid waste in the designated container. Each container shall be placed as instructed by the collector along the street, sidewalk, or roadside for arranged collection. Each commercial, industrial, or institutional generator of solid waste shall prevent the accumulation of solid waste on their property. Such storage shall be in containers like those used by residential households, except that dumpsters with close -fitting covers may be substituted. Subd. 2 Container Required. All solid waste shall be stored in containers which shall be watertight and shall have tight -fitting lids. All containers shall be maintained in a clean and sanitary manner. Any solid waste which by its size or bulk cannot be stored in a container shall be secured to the ground in such a manner to prevent the scattering of the waste by animals or wind. 117.04: Collection And Removal of Solid Waste and Other Waste Subd. 1 License Required. No person shall act as a solid waste hauler in the City without first obtaining the appropriate license issued by the City. Any person desiring a license to collect solid waste in the City shall submit a completed license application form along with the license fee and certificate of insurance required in Section 117.05 hereof. Subd. 2 Contracted Provisions. The city may enter into contracts for the collection of recyclable materials and to include organics recyclables and waste, from residential households or other generators. Page 1 of 4 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2024-520 117.05: Requirements For License April 11, 2024 Subd 1. License Fee. Payment of the license fee as prescribed from time to time by the City Council shall be required prior to issuance of such license. Subd 2. Insurance. Before a solid waste hauler license shall be issued, the applicant shall carry and file insurance certificates with the City showing proof of workers' compensation insurance (including employer's liability insurance), commercial general liability insurance, and automobile liability insurance in accordance with the minimum requirements set forth below. The City, including its elected and appointed officials, employees, and agents, shall be named as an additional insured in all such policies with the exception for workers' compensation insurance. 1. General Liability. The applicant agrees to maintain Commercial General Liability insurance in a minimum amount of $2,000,000 per occurrence; $4,000,000 annual aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, limited pollution liability, personal injury, advertising injury, and contractually assumed liability. 2. Automobile Liability. The applicant shall maintain Business Automobile Liability Insurance, including owned, hired, and non -owned automobiles, with a minimum combined single liability limit of $2,000,000 per occurrence. 3. Workers' Compensation. The applicant agrees to provide Workers' Compensation insurance for all its employees in accordance with the statutory requirements of the State of Minnesota. The applicant shall also carry Employers' Liability Coverage with minimum limits as follows: • $500,000 —Bodily Injury by Disease per employee • $500,000 —Bodily Injury by Disease aggregate • $500,000 —Bodily Injury by Accident The insurance requirements may be met through any combination of primary and umbrella/excess insurance. The applicant's policies shall be primary insurance and non-contributory to any other valid and collectible insurance available to the City with respect to any claim arising out of the applicant's performance under its license with the City. The applicant's policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days' advanced written notice to the City, or ten (10) days' written notice for non-payment of premium. Subd 3. Minimum Services. Before a solid waste hauler license may be issued, an applicant shall provide the following minimum services at a price indicated on the application form: 1. Residential Dwellings. a. Weekly collection of garbage and other refuse to be disposed of at a proper waste disposal site. b. Monthly collection of special waste to be disposed of according to law. c. Walk-up service for those customers who request it. 2. Multiple Residential Dwellings and Commercial Establishments. a. Weekly collection of garbage and other refuse to be disposed of at a licensed waste disposal site. b. Monthly collection of special waste to be disposed of according to law. Page 2 of 4 �. City of Corcoran County of Hennepin Stafe of Minnesota ORDINANCE NO. 2024-520 April 11, 2024 Subd 4. Schedule of Rates. Before a solid waste hauler license shall be issued, the applicant shall file a schedule of rates to be charged during the licensing period for which the application is made. Every licensee shall provide written notification to the City and the licensee's customers at least sixty (60) days in advance of any change in rates to be implemented during the license period. Subd. 5. Organics Collection. In lieu of requiring haulers to offer residential organics collection services, the City will establish a single organics collection site and make it available to residents to dispose of organics recyclables and waste. The City may, by amendment to this ordinance, require licensed haulers to provide organics collection services in the future. 117.06: Expiration of License All licenses shall expire annually on December 31. 117.07: Revocation A licensee's failure to comply with the provisions of this Section or any of the conditions attached to the license shall be grounds for license revocation without refund of the license fee. A city's action to revoke a license shall in no way limit the City's authority to enforce the terms of this ordinance or exercise any other remedy available to the City at law or in equity. 117.08: Hauler's Equipment Licensees shall use equipment constructed so that the solid waste material shall not leak or spill during transport to the disposal site. The equipment shall be kept clean and as free from offensive odors as possible and shall not be allowed to stand in any street stand in any street or public place longer than is necessary to collect the solid waste materials. The licensee shall also ensure that the collection site is left free of litter. 117.09: Report to City Licensees shall submit to the City an annual report summarizing their business in the City on a form provided for such a purpose. Upon request, the licensee shall provide documentation. supporting the data reported to the city. 117:10: Collection Required Every single residential dwelling, multiple residential dwelling, commercial establishment, and any other establishment generating solid waste shall make arrangements for the collection and disposal of solid wastes with a hauler licensed to do business in the City. Exceptions may be approved by the City Council for environmentally sound alternatives. 117:11: Residential Dwelling Zones The City shall be divided into zones by the City Council for solid waste collection from residential dwellings. The entire City may be declared by the Council to be a single zone. Solid waste from those residential dwellings within each zone shall be collected on the same day. 117.12 Date and Time of Collection Licensees may only collect solid waste on Tuesdays unless the City Council specifically authorizes collection on another day. Council authorization for a different day of collection may be specific to a licensee(s), and the authorization shall not apply to other haulers, unless specifically permitted by the City Council. Collection of solid waste shall occur only during the following times: 7:00 a.m. -- 6:00 p.m. 117.13: Non -Compliance. Page 3 of 4 Cify of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2024-520 April 11, 2024 Subd. 1 ProperDisposal. No person shall deposit or allow the deposit of solid waste from any source in any place other than a sanitary landfill or other county -designated facility. The discarding of solid waste, construction debris, hazardous waste, yard waste, organics, or recyclable materials on any street, alley, drive, park, playground, or other public place or on any vacant lot shall constitutes violation of this section whether it is discarded by the individual upon whose premises the material originates or by some other person or collector, licensed or unlicensed. Subd. 2 Failure to Dispose. It shall be unlawful for any person, firm, or corporation to fail to dispose of solid waste or other waste which may be or which may accumulate upon property owned or occupied by the generator in a sanitary manner. 117.14 Enforcement. Violations of the provisions of this ordinance shall be a misdemeanor. Further, any person or entity who performs or directs the performance of solid waste hauler activities within the City without obtaining and adhering to the terms of the license required by this Section shall be guilty of a misdemeanor. Every day in violation shall constitute a separate offense. The city may also seek enforcement of this ordinance through civil judicial remedy including, but not limited to, injunction and mandamus. Any costs incurred by the City in enforcing the provisions of this ordinance, including reasonable attorneys' fees, shall be the responsibility of the party in violation. Those such costs which are attributable to a specific property within the city, and which are invoiced and remain unpaid may be assessed against the property in the same manner as are other unpaid fees. This Ordinance shall be in full force and effect beginning April 11, 2024. ADOPTED by the City Council on the 11 t" day of April 2024. VOTING AYE ® McKee, Tom ® Bottema, Jon ® Nichols, Jeremy ® Schultz, Alan ® Vehrenkamp, Dean ATTEST: Michelle Friedrich —City Clerk VOTING NAY ❑ McKee, Tom ❑ Bottema, Jon ❑ Nichols, Jeremy ❑ Schultz, Alan ❑ Vehrenkamp, Dean Torn McKee —Mayor City Seal Page 4 of 4