§ 21.302.31  SOLID WASTE TRANSFER STATIONS, SOLID WASTE WEIGH STATIONS, HOUSEHOLD HAZARDOUS WASTE AND PERMANENT RECYCLING COLLECTION FACILITIES,  TEMPORARY RECYCLING EVENTS, AND JUNK CAR DISPOSAL BUSINESSES.
   (a)   Intent. The intent of this section is to provide minimal standards for the design and operation of facilities designed to collect, transfer or process in any way waste or recyclable materials within the city.
   (b)   General requirements.
      (1)   No site for a facility regulated by this section may be located within 500 feet of a residential zoning district;
      (2)   If, in the opinion of the city, the operator of a facility regulated by this section has violated any conditions of the conditional or interim use permit, performance standards of the conditional or interim use, zoning district standards or regulations, or any other city code regulation, the operator must, after written notice from the city of such violations, immediately institute and in good faith pursue corrective action.  If a violation continues for more than ten days after notice from the city, the City Council may, after notice and public hearing, revoke the conditional or interim use permit.
      (3)   The city may enforce any provision of the conditional or interim use permit conditions and city code requirements by injunction or any other appropriate remedy in any court of competent jurisdiction.  Any condition caused or permitted to exist in violation of any of the provisions of this subsection will be deemed a public nuisance and may be, by the city, abated as provided by law and each day that such condition continues will be regarded as a new and separate offense.  Enforcement of provisions of the conditional or interim use permit and city code requirements will be limited to on-site violations and violations over which the facility owner has control.
   (c)   Solid waste transfer stations.
      (1)   Site design requirements.
         (A)   The minimum site area for such development is five acres;
         (B)   Building coverage must not exceed 40% of the site;
         (C)   No exterior loading docks may face any street frontage.  Provision for handling all material brought to or removed from the site by railroad or truck must be on those sides of any buildings that do not face any street or proposed street(s);
         (D)   Driveway ingress or egress from any street bordering on a residential zone into an adjacent waste transfer station is not allowed unless ingress or egress is otherwise impractical.  All ingress or egress for such sites must be from streets within the industrial area unless otherwise approved by the city;
         (E)   Site ingress and egress must be at locations approved by the city and all driveways, circulation and stacking lanes and parking areas must be designed, surfaced and curbed in accordance with § 21.301.06 of the city code;
         (F)   Acceleration, deceleration and turning lanes must be provided by the developer of the waste transfer station at all entrances and exits on public streets as required and approved by the city;
         (G)   All stacking of trucks and other equipment must occur on-site and off of public right(s)-of-way;
         (H)   Site must meet the requirements of chapter 16 of the city code and the city's Comprehensive Surface Water Management Plan for stormwater management, erosion control, and wetlands;
      (2)   Environmental control requirements.
         (A)   There must be no on-site, exposed or contained, exterior overnight storage of solid waste.  All overnight storage must be within approved enclosed buildings.
         (B)   The emission of noxious matter must be controlled so that no concentration of such matter, at or beyond the lot line, will be detrimental to or endanger the public health, safety, comfort or general welfare or cause damage to property.  Noxious matter means any solid, liquid or gaseous material, including but not limited to gases, vapors, odor, dusts, fumes, mists, or combinations thereof, the emission of which is detrimental to or endangers the public health, safety, comfort, or general welfare or causes damage to property.  The operator of the facility must comply with a regular inspection schedule as approved by the city and must submit reports of such inspections to the city.
         (C)   Air quality and the generation of dust or other particulates related to transfer station operations, including vehicular emissions must be periodically monitored.  The operator of the facility must quarterly submit air quality reports to the city and violations of state standards must be abated.
         (D)   Noise generation related to transfer station operations, including vehicular noise, must be periodically monitored.  The operator of the facility must quarterly submit noise analysis reports to the city and violations of state or local standards must be abated.
         (E)   The operator of the solid waste transfer station must cooperate with the city in order to facilitate periodic city inspections of the facility as the city may deem necessary.
      (3)   Operational requirements.
         (A)   Hours of operation must be restricted to 8:00 a.m. to 6:00 p.m. Monday through Saturday.
         (B)   All trucks and equipment destined to or away from the site, except for personal vehicles, must be restricted to designated routes established by the city. The operator of any transfer station must be responsible for notifying truck operators of the route designation by the city. The city will not revoke a conditional or interim use permit granted under this subsection for off-site violations beyond the control of the transfer station operator and owner.
         (C)   No loading or unloading by reason of tipping or use of other equipment, or cleaning of vehicles, equipment or containers, may occur outside of a fully enclosed structure.
         (D)   On-site storage or handling of hazardous waste materials is prohibited as a planned mode of operation. Hazardous waste materials inadvertently delivered to the facility must be promptly removed in accordance with county and state requirements.  Special programs for the collection of residential hazardous waste must not be conducted at the facility without prior city approval.
         (E)   All parking, vehicular and operational use areas must be screened from public streets and adjacent properties.
         (F)   During hours of operation all trucks and other operations equipment must be parked in approved location at the rear of the site.
   (d)   Solid waste weigh stations.
      (1)   Site design requirements.
         (A)   There may be no driveway ingress or egress from any street bordering on a residential zone.  All ingress and egress for such sites must be from streets within the zoning district in which it is located.
         (B)   All stacking or queuing of trucks and other equipment must occur on site and off public rights-of-way.
      (2)   Environmental control requirements.
         (A)   There may be no storage of solid waste or hazardous waste on the site.
         (B)   An air quality and noise assessment must be submitted by the applicant and reviewed by the Environmental Health Division prior to permit consideration by the City Council.
         (C)   An on-site air quality and noise assessment monitoring program approved by the Environmental Health Division must be established prior to weighing activities occurring on the site and the operator must submit reports as determined by the city.
      (3)   Operational requirements.
         (A)   Hours of operation are restricted to 8:00 a.m. to 6:00 p.m.
         (B)   All trucks and equipment destined to or away from the site must be restricted to designated routes established by the city.
         (C)   There must be no unloading or tipping or loading of solid waste on the site.
         (D)   There must be no cleaning or servicing of trucks or equipment on the site.
   (e)   Household hazardous waste and permanent recycling collection facilities.
      (1)   Site design requirements.
         (A)   The minimum site area for such development is five acres.
         (B)   Building coverage must not exceed 40% of the site.
         (C)   No exterior loading docks may face any street frontage.  Provision for handling all material brought to or removed from the site by railroad or truck must be on those sides of any building that do not face any street or proposed street(s).
         (D)   There must be no driveway ingress or egress from any street bordering on a residential zone into a facility.  All ingress or egress for such sites must be from streets within the industrial area unless otherwise approved by the city.
         (E)   Site ingress and egress must be at locations approved by the city and all driveways, circulation and stacking lanes and parking areas must be designed, surfaced and curbed in accordance with § 21.301.06 of the city code.
         (F)   Acceleration, deceleration and turning lanes must be provided by the applicant at all entrances and exits on public streets as required and approved by the city.
         (G)   All stacking or queuing of vehicles must occur on-site and off of any public street.
         (H)   Site must meet the requirements of Chapter 16 of the city code and the city's Comprehensive Surface Water Management Plan for stormwater management, erosion control, and wetlands.
         (I)   The facility must be designed in a manner that all spills will be contained within the building.
         (J)   All water lines must be provided with anti-siphon back flow prevention valves.
      (2)   Environmental control requirements.
         (A)   There may be no on-site, exposed or contained, exterior storage of recyclable materials, household hazardous wastes or waste containers.
         (B)   All household hazardous wastes and recyclable materials must be stored within an approved enclosed building.
         (C)   A contingency action plan outlining an organized, planned and coordinated course of action to be followed in case of a fire, explosion, or release of materials that could threaten human health or the environment must be submitted and approved by the Fire Marshal and the Manager of the Environmental Health Division.
         (D)   Liquid wastes having a positive hydrogen ion concentration (pH) of less than 5.5 or greater than 9.5 must not be discharged by a household hazardous waste facility to the sanitary sewer at any time.
         (E)   An annual report showing the type and amount of household hazardous waste, recyclable material and yard waste handled by the facility will be submitted to the city by January 31 of each year.
         (F)   The owner of the facility must conduct and assume all costs for all chemical testing of solids, liquids, and gases as ordered by the city's Environmental Health Division to determine the presence and extent of contamination or pollution caused by a release of any hazardous material at the facility to the air, soil or water.
         (G)   The release of any hazardous material at the facility which poses a risk to the health and/or property of any person must be immediately reported to the city's Police and Fire Departments and Environmental Health Division.
      (3)   Operational requirements.
         (A)   Residential drop-off of household hazardous wastes and recyclable materials must be permitted.  Low quantity nonresidential generator drop-off of hazardous wastes (based on Minnesota Rules Chapter 7045.0219) and recyclable materials is permitted subject to operator guidelines approved by the city's Environmental Services Division.  Drop-off of mixed municipal solid waste is prohibited.
         (B)   There must be no drop-off, collection or tipping of mixed municipal solid waste.
         (C)   Permitted activities are limited to drop-off collections of household hazardous wastes, yard waste and recyclable materials and rearrangement of these materials for subsequent transport.
         (D)   On-site disposal of household hazardous waste is prohibited.
         (E)   Hours of operation must be restricted to 8:00 a.m. to 9:00 p.m., Monday through Saturday.
         (F)   Exterior storage of household hazardous wastes or recyclables or containers for the storage of household hazardous wastes or recyclable materials is not be permitted.
         (G)   Exterior collection and storage of yard wastes and tree waste for transport may be permitted in containers or rolloffs subject to approved final site plan and building plans.
         (H)   Exterior loading or unloading of vehicles or waste removal containers is not permitted.
         (I)   Exterior cleaning or repair of vehicles, equipment or containers is not permitted.
         (J)   All inadvertent residual mixed municipal solid waste must be removed within a 72 hour period.
         (K)   All truck or equipment traffic destined to or away from the site must be restricted to designated routes as required by the city.
         (L)   All local, county, state and federal permits and licenses must be obtained and copies submitted to the city.
         (M)   A facility procedural and management manual must be submitted and approved by the city.
         (N)   A facility lighting and security plan as required in § 21.301.07 must be submitted and approved by the city.
         (O)   A hold harmless and indemnification agreement protecting the city from all claims resulting from the siting, design, construction, operation and maintenance of the facility must be provided.
         (P)   The city must have the right to inspect all of the facility at any reasonable time and must have the right to review all records relating to the operation of facility.
         (Q)   All household hazardous wastes, recyclable materials, mixed municipal solid waste, contaminated soil and structures must be removed and treated or disposed of in a proper manner upon closure of the facility.
      (4)   Penalty.
         (A)   A violation of any provision of this section is a misdemeanor.
   (f)   Temporary recycling events. Temporary recycling events are allowed in all zoning districts provided the appropriate permit is issued and the following standards are met:
      (1)   Site design requirements.
         (A)   The collection event and all related traffic queuing must be at least 500 feet from any property that is both residentially used and residentially zoned.
         (B)   Sufficient parking on site for other uses in operation during the event must be preserved.
         (C)   Site ingress and egress to public roadways must be at locations approved by the City Engineer or designee and all driveways, circulation and stacking lanes and parking areas must be designed, surfaced and curbed in accordance with § 21.301.06 of the city code.
         (D)   The site of the event must provide off-street queuing spaces for at least 20 vehicles.
         (E)   All stacking or queuing of vehicles must occur on-site and off of any public street and a plan must be provided for approval showing the queuing of vehicles, parking and intended traffic flow.
         (F)   The event must be designed in a manner to prevent and contain spills.
      (2)   Environmental control requirements.
         (A)   All recyclable materials must be stored within an approved enclosed building or other approved location outside of the event hours.
         (B)   A contingency action plan outlining an organized, planned and coordinated course of action to be followed in case of a fire, explosion, or release of materials that could threaten human health or the environment must be submitted and approved by the Fire Marshal and the Manager of the Environmental Health Division prior to the event, and kept available onsite during the event.
         (C)   The release of any hazardous material at the event which poses a risk to the health and/or property of any person must be immediately reported to the city's Police and Fire Departments and Environmental Health Division.
         (D)   All hauling or collection of these recyclable materials must be done in suitable vehicles provided with end and sideboards of sufficient heights to prevent any part of the load from falling or leaking into or upon any public street or alley in the city.  Such vehicles must at all times, except when loading or unloading, be kept covered with sufficient canvas, metal, or wooden covers, which covers must be closely attached to the side and ends of such vehicles.  There must be printed on both sides of such vehicles in clear, legible type the name and telephone number of the owner of such vehicle.
         (E)   All water lines associated with the event must have anti-siphon back flow prevention valves.
      (3)   Operational requirements.
         (A)   Residential drop-off of recyclable materials such as cardboard, paper, bottles and cans, approved clean scrap metal with all hazardous waste removed, approved electronics, approved appliances, used clothing and sheets is permitted.  A list of items collected at the event must be provided to the city prior to approval.  Drop-off, collection or tipping of mixed municipal solid waste is prohibited.
         (B)   Permitted activities are limited to drop-off collections of recyclable materials and rearrangement of these materials for subsequent transport.
         (C)   Disassembly and/or crushing of materials on site or during the event is prohibited.
         (D)   The event must not exceed two days in duration and each site is limited to two events per calendar year.
         (E)   Hours of operation are restricted to 9:00 a.m. to 9:00 p.m.
         (F)   All inadvertent residual mixed municipal solid waste or other unapproved material must be removed immediately.
         (G)   All truck or equipment traffic destined to or away from the site is restricted to designated routes as required by the city.
         (H)   All applicable local, county, state and federal permits and licenses must be obtained and copies submitted to the city.
         (I)   A facility lighting and security plan as required in § 21.301.07 must be submitted and approved by the city.
         (J)   A hold harmless and indemnification agreement protecting the city from all claims resulting from the site selection, design, construction, operation and maintenance of the event must be provided.
         (K)   The city must have the right to inspect the event at any reasonable time and must have the right to review all records relating to the operation of event.
         (L)   All recyclable materials must be disposed of in a proper manner after the event.
      (4)   Penalty.
         (A)   A violation of any provision of this section is a misdemeanor.
   (e)   Junk car disposal business.
      (1)   Site design requirements.
         (A)   The business, including all storage and dismantling or wrecking and display of parts for sale, must be conducted within a fire resistant building.
         (B)   The entire premises must be enclosed by screen fencing.
         (C)   The premises must abut railroad trackage.
(Ord. 2019-2, passed 1-7-2019)