Subd. 1. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A. GARBAGE. Organic waste resulting from the preparation of food and decayed and spoiled food from any source.
B. REFUSE. Includes garbage and rubbish, but shall not include sewage.
C. RUBBISH. Non-garbage solid waste such as tin cans, glass, paper, sweepings, clippings, ash, leaves and the like.
D. RESIDENTIAL GARBAGE, REFUSE OR RUBBISH or GARBAGE OR REFUSE FROM THE RESIDENCE. Any garbage, refuse or rubbish generated from a single-family dwelling, a duplex, an apartment building, a manufactured housing unit including a mobile home, an apartment unit in a commercial or industrial building.
E. COMMERCIAL OR BUSINESS OR NON-RESIDENTIAL GARBAGE, REFUSE OR RUBBISH. All garbage, refuse or rubbish, except that defined as residential in Subpar. D above.
(Ord. 56, Second Series, passed 1-7-83)
Subd. 2. License required. It is unlawful to haul garbage or other refuse from a residence without holding a valid residential garbage haulers license. It is unlawful to haul garbage or refuse from a business and other nonresidential generators of garbage and refuse without holding a valid commercial haulers license.
Subd. 3. Exception. Nothing in this section shall prevent persons from hauling garbage or other refuse from their own residences or business properties provided the following rules are observed:
A. That all garbage is hauled in containers that are watertight on all sides and the bottom and with tight-fitting covers on top;
B. That all other refuse is hauled in vehicles with leak-proof bodies and completely covered or enclosed by canvas or other means of material so as to completely eliminate the possibility of loss of cargo; and
C. That all garbage and other refuse, except grass clippings and leaves shall be dumped or unloaded at the sanitary landfill or other dumping site authorized by the Council or at the transfer station designated by the Council.
Subd. 4. Hauler licenses requirements.
A. Hauler licenses shall be granted only upon the condition that the licensee shall have watertight, packer-type vehicles in good condition to prevent loss in transit of liquid or solid cargo, that the vehicles be kept clean and as free from offensive odors as possible and not allowed to stand in any street long than reasonably necessary to collect garbage or refuse, and that the same shall be dumped or unloaded only at the sanitary landfill or other dumping site authorized and designated by the Council, and strictly in accordance with regulations relating thereto.
(Ord. 240, Second Series, passed 4-30-91)
B. Repealed.
(Ord. 433, passed 4-5-99)
C. Before the license shall be issued, the licensee shall agree to hold the city harmless and shall agree to defend and indemnify the city, and the city’s employees and agents, for any claims, damages, losses, and expenses related to the work under license. The city shall be named as an additional insured under the insurance for the services provided under the license. The licensee’s contract of insurance shall be the primary insurance for the city and the licensee or insurance company shall provide a certificate of insurance which verifies the existence of the insurance required, including provisions to hold the city harmless and defend and indemnify the city. The insurance shall provide coverage up to $300,000 for any single claim and $1,000,000 for any number of claims in a single occurrence.
(Ord. 79, Second Series, passed 11-22-83)
D. Residential garbage licensees may be limited by the Council to collect garbage only within designated areas of the city. The Council also reserves the right to limit the number of licenses issued for residential garbage collection in any designated area of the city in order to conserve energy usage, reduce collection costs or to accomplish other public interests.
E. Each applicant shall file with the city, before a garbage and refuse hauler’s license is issued or renewed, a schedule of proposed rates to be charged by him or her during the licensed period for which the application is made. The schedule of proposed rates, or a compromise schedule thereof, shall be approved by the Council before granting the license. Nothing herein shall prevent a licensee from petitioning the Council for review of such rates during the licensed period, and the Council may likewise consider the petition and make new rates effective at any time. No licensee shall charge rates in excess of the rates approved by the Council.
F. Each refuse collection vehicle shall be marked on the outside so as to identify the licensee. Every vehicle used for hauling garbage shall be covered, leak-proof, durable and of easily cleanable construction. Every vehicle used for hauling refuse shall be sufficiently airtight and so used as to prevent unreasonable quantities of dust, paper or other collected materials to escape. Every vehicle shall be kept clean to prevent nuisances, pollution or insect breeding, and shall be maintained in good repair.
G. No refuse collection shall take place before 5:30 a.m. or after 5:00 p.m. of any day, and no hauler shall operate in a residential district on Sunday.
H. No hauler operating on a route in a residential district shall operate a truck on any city street when the weight of the vehicle exceeds nine tons per axle.
I. All residents of the city who generate residential waste shall be entitled to service from a licensed hauler, provided the resident pays for the service in advance and prepares the waste for collection in accordance with Chapter 10 of this City Code. If service has been refused to a resident by all haulers, the City Administrator shall assign the resident to a licensed hauler on an alternating basis and the licensed hauler will be obligated to collect and dispose of the waste so long as the service is paid for in advance or within 30 days after being billed for the service and the resident has prepared the waste for collection in accordance with City Code, Chapter 10.
(Ord. 71, Second Series, passed 9-27-83)
J. All haulers of refuse and garbage, either commercial or residential shall be required to deposit the refuse and garbage at the City Transfer Station, located on Austin airport property. This requirement shall apply to all garbage and refuse generated within the city, excepting:
1. Demolition materials, as defined in this section;
2. Materials that are, in fact, recycled and not deposited in a landfill;
3. Hazardous waste, as defined in M.S. § 116.06, Subd. 13, as it may be amended from time to time;
4. Any other wastes that are not acceptable for deposit in sanitary landfills, including, but not limited to liquids and other sledges, raw animal manure and hog hair; and
(Ord. 72, Second Series, passed 10-4-83)
5. Grass clippings and leaves may be collected at a site approved by the Council for ultimate disposal at a site approved by the Council and other appropriate governmental authority in accordance with City Code provisions, federal and state laws, regulations and permits.
(Ord. 240, Second Series, passed 4-30-91)
K. The hauler will be permitted to haul and deposit refuse or garbage generated from commercial or business establishments or residences to a site other than the City Transfer Station provided:
1. It is demonstrated to the Council that it is not practicable to use the City Transfer Station as a depository;
2. Repealed; and
(Am. Ord. 460, passed 12-27-00)
3. The city grants a waiver to the hauler from the requirement of depositing the waste at the City Transfer Station.
(Ord. 433, Second Series, passed 5-5-99)
L. Charges for use and availability of transfer station.
1. There is hereby levied on all persons depositing waste at the Transfer Station and all licensed haulers of residential and commercial or business (non-residential) generated waste a charge for the use of the Transfer Station or for the availability of the Transfer Station to receive refuse and garbage. The amount of the charge imposed on persons depositing waste in the Waste Transfer Station and on licensed haulers for use of the Transfer Station as a depository of refuse and garbage, residential or commercial and the amount of a charge for the availability of the Transfer Station as a depository where the garbage hauler deposits the refuse or garbage at a site other than the Transfer Station, shall be determined by resolution of the Council.
2. In order to implement the collection of the charge, all licensed haulers are required to report monthly, the amount of waste either by volume or weight as determined by resolution of the Council deposited at the Transfer Station and the amount of waste deposited at a site other than the Transfer Station and provide to the city other information as it deems necessary to implement collection. All of which information shall be provided to the City Recorder’s office on forms furnished for that purpose. The forms shall be filed not later than ten days following the end of each month as to the waste collected and deposited at the Transfer Station during the immediately preceding month or waste collected by the licensed hauler, which bypassed the Transfer Station during the immediately preceding month. The city may determine the amount of waste deposited at the Transfer Station from the weight or volume records collected and maintained at the Transfer Station.
3. Fees shall not be charged for refuse or garbage that is, in fact, recycled or unacceptable under Subpar. J above. Reports by the haulers of refuse and garbage and by the generators of waste shall report the amount of refuse recycled and where disposed of on forms furnished by the City Recorder for that purpose.
4. If a person or firm generates commercial or business waste (that is, non-residential waste), but hauls the same to a site other than the Transfer Station not using a licensed hauler, the generator of the waste shall pay to the city a charge for waste delivered to a site other than the Transfer Station. The generator of waste shall be required to make monthly reports of all waste deposited at a site other than the Transfer Station as furnished by the City Recorder for that purpose.
5. All fees or charges imposed by resolution of the Council for waste, refuse or garbage deposited in the Transfer Station and all charges imposed by resolution for the availability of the Transfer Station shall be paid for within ten days after the month in which the waste was deposited at the Transfer Station or deposited at a site other than the Transfer Station. All fees and charges imposed by this section shall be due and payable to the city within 30 days after date of billing from the city.
6. In the event the licensed hauler does not pay the fees and charges imposed by this section within 30 days after the date of billing, the licensed hauler shall pay, in addition to the fees and charges owed, an interest of 1.5% per month calculated from the date of billing by the city. Each licensed hauler shall sign an agreement on a form provided by the City Recorder agreeing to pay the interest as a condition to issuance, renewal or continuance of a garbage or refuse hauler’s license.
7. Failure of a licensed hauler to complete the report forms required herein or to make payment of the fees or charges and interest thereon, if any, as required herein for the use of the Transfer Station or for availability of the Transfer Station when due shall be grounds for revocation of the license or grounds for refusal to renew the license.
8. In the event a licensed hauler residential or commercial becomes more than 45 days delinquent from date of billing in payment of charges, the city may require a payment bond in a form approved by the City Attorney to secure and provide for payment of charges. The bond to be in an amount sufficient to cover estimated charges for three months or amount of delinquency whichever is greater as a condition of holding or renewing the license. In lieu of a payment bond, the licensed hauler may furnish to the city a letter of credit in a form prescribed by the City Attorney in an amount sufficient to cover estimated charges for three months or the amount of delinquency whichever is greater as a condition of holding or renewing the license.
9. In addition to forms of security provided above, the city may require a licensed hauler who is delinquent in payment of fees or charges for 45 days or more to pay fees or charges for loads deposited at the Transfer Station in cash, at the time of depositing the waste, or pay the fees or charges to a designated agent of the city at the ultimate place of deposit in respect to waste bypassing the Transfer Station.
(Ord. 262, Second Series, passed 5-4-92)
M. If a person or farm generates commercial or business waste (non-residential), but hauls the same to a site other than the City Transfer Station not using a licensed hauler, the generator of the waste shall pay to the city a charge in the amount as set by resolution of the Council for waste delivered to a site other than the City Transfer Station. The generator of waste shall be required to make monthly reports of all waste to a site other than the City Transfer Station on forms furnished by the City Recorder for that purpose.
N. All fees or charges imposed by resolution of the Council pursuant to this section shall be paid within ten days after the month in which the waste was hauled to a site other than the City Transfer Station and, in any event, not less than ten days after being billed for the same.
O. Failure of a licensed hauler to complete the forms accurately or making payment of the fees, as required herein, shall be grounds for revocation of the license or refusal to renew the license.
(Ord. 72, Second Series, passed 10-4-83) (`80 Code, § 6.39)