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(a) Minnesota Statutes.
(1) Pursuant to M.S. § 471.62, as it may be amended from time to time, the Air Pollution Control Regulations and Ambient Air Quality Standards 1-17, inclusive, of the Minnesota Pollution Control Agency (M.S. § 116.07, as it may be amended from time to time, filed with the Commissioner of Administration of the state as of January 21, 1973), are hereby adopted by reference, except insofar as said regulations and standards are modified by or inconsistent with other provisions of this section.
(2) The City Clerk shall mark and keep on file in the office of the City Clerk one copy of said regulations for use and examination by the public and shall furnish a copy of this Article I and said regulations at cost to any person upon request.
(b) Definitions. The following words and terms, when used in this Article I, shall have the following meanings, unless the context clearly indicates otherwise.
AIR POLLUTION CONTROL DEVICE. Any article, machine, apparatus, equipment or contrivance used or installed to reduce the amount of contaminants expelled into the ambient air. Such devices shall include, but not be limited to, the following:
(A) Incinerators;
(B) Settling chambers;
(C) Cyclones;
(D) Liquid scrubbers;
(E) Electrostatic precipitators;
(F) Fabric collectors;
(G) Condensors;
(H) Absorption cleaning devices;
(I) Adsorption cleaning devices; and
(J) Filter devices.
MANAGER. The Environmental Health Manager for the city.
(c) Installation and operation of devices.
(1) Permit required.
(A) An operational permit must be obtained from the Environmental Health Division of the city for each air pollution control device, and no air pollution control device may be operated until an operational permit has been obtained. Each permit shall be valid for a period of one year.
(B) No operational permit shall be issued or renewed for any pollution control device until the Manager or his or her agent has evaluated and approved the performance of said device according to the standards incorporated herein.
(C) If an operational permit is not obtained or renewed in accordance with the above provisions, the operation of the device must be terminated until a permit is secured.
(D) A nonrefundable fee shall be paid to the city by the applicant at the time of filing an application for a permit. The fee shall be as set forth in City Code Appendix A.
(2) Reasonable access. All permit holders shall allow the Manager or any of his or her agents reasonable access to the premises on which the pollution control device is located for purposes of enforcing this Article I.
(3) Suspension of permit. Upon determination that a violation of any provision of this Article I has occurred or is occurring, the Manager or his or her agents may suspend the operational permit until the violation has been corrected.
(d) Unapproved air pollution control devices.
(1) Incinerators.
(A) Sealing of interior and exterior incinerators.
(i) Within a reasonable time, not to exceed seven days from the time that any incinerator ceases to be approved by the Manager or his or her agent, said incinerator shall be sealed by the owner thereof according to the provisions of subsection (d)(1)(B) below.
(ii) The Manager shall have the authority to establish reasonable and specific standards of efficacy for sealments. Each sealment shall meet these standards as promulgated.
(iii) Compliance with the provisions of this subsection (d)(1) shall not relieve the owner of the incinerator from compliance with subsection (d)(2) below.
(B) Removal of exterior incinerators. Within a reasonable time, not to exceed 60 days from the time that an incinerator exterior to the building ceases to be approved by the Manager or his or her agent, said incinerator shall be removed and disposed of by the owner in a manner approved by the Manager or his or her agent.
(C) Existing unapproved incinerators. The owners of those incinerators which exist and which are unapproved on the effective date of this section shall be treated in the following manner.
(i) The owner of such incinerator shall have seven days from the effective date of this section to comply with the sealing requirements of subsection (d)(1) above.
(ii) The owner of such exterior incinerator shall have 60 days from the effective date of this section to comply with the removal and disposal requirements of subsection (d)(2) above.
(D) Violation and penalty. A separate violation of subsections (d)(1), (d)(2) and (d)(3) above shall accrue for each week during which the terms of those subsections are not met. In addition to any other remedy provided herein, violation of any of the provisions of this Article I is hereby made a misdemeanor.
The following words or terms, when used in this Article II, shall have the following meanings, unless the context clearly indicates otherwise.
ADDITIONAL COLLECTION SERVICE OPTIONS FOR RESIDENTS. Collection services above the
that may include, but are not limited to: additional
or
beyond the contents of the first
;
;
,
and
collection services.
BAGGED ORGANICS WITH TRASH. A collection system where source-separated
are placed in a strong
bag and placed inside the regular
and collected on the same day as
.
BASE LEVEL SOLID WASTE SERVICES. The
and recyclable collection and disposal services common to all residential dwelling units (“RDUs”) and includes weekly collection of one trash
at each
address with disposal of
and recyclable collection services that are paid for by the resident to the city.
BULKY WASTE. Consists of large items from eligible RDUs that should not be put into
including, but not limited to: stoves, refrigerators, water heaters, washing machines, bicycles, lawn mowers, lawn chairs, furniture and other such materials.
CARTS. The wheeled and lidded
,
, and
labeled containers in which materials can be stored and later rolled out for
on the designated collection day.
CITY-WIDE CURBSIDE CLEANUP PROGRAM. Annual program for pick-up of refuse, brush, appliances, and scrap metal, including neighborhood programs related to solid waste planning, promotion, education and program development. The City-wide Curbside Cleanup Program is available to all RDUs as defined herein, and to those residential units not included in the definition of RDU for which the full association has opted into the City-wide Curbside Cleanup Program.
COLLECTION HOURS. The time periods during which collection of
, including
, is authorized by the city for the
.
COMPOSTING. A microbial process that converts plant materials such as grass clippings and leaves to a usable organic soil amendment or mulch by providing adequate aeration, moisture, particle size, and fertilizer and lime.
COMPOSTABLE BAGS. Paper kraft bags or bags that meet ASTM Standard Certification for Compostable Plastics (D6400) within a
operation as required by M.S. § 115A.931, subd. (c) and M.S. § 325E.046, as they may be amended from time to time, for collection of any
that is not contained in a
.
CONSTRUCTION DEBRIS. Has the meaning prescribed in M.S. § 115A.03, subd. 7, as it may be amended from time to time, which states that it includes waste building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition of buildings and roads.
CURBSIDE. That portion of the right-of-way adjacent to the paved or traveled city, county or state roadways, including alleys.
CURBSIDE COLLECTION. The collection of all
, including
,
,
,
,
,
, and other additional collection service options.
DOOR STEP COLLECTION. The collection of
from the door step or other area adjacent to the
by the
in lieu of
. DOOR STEP COLLECTION must first be authorized by the city as an accommodation to the residents.
ELECTRONIC WASTE. Consists of any discarded consumer electronic device with a circuit board including, but not limited to: televisions, computers, laptops, tablets, computer monitors, peripherals (e.g., keyboard, printer, mouse, etc.), cell phones, PDAs, DVD recorders/players and video cassette recorders/players and fax machines as specifically referenced in M.S. § 115A.1310, as it may be amended from time to time.
EXTRA COLLECTION. The collection of residential solid waste, including trash, recyclables, yard waste, organics, bulky wastes, and other additional collection service options collected in addition to or outside of the regular collection day.
HAULING DISTRICT. The geographic area within the city that designates the day of the week for the collection of
, including
,
,
and
from RDUs.
HAZARDOUS WASTE. Has the meaning prescribed in M.S. § 116.06, subd. 11, as it may be amended from time to time.
HOLIDAY TREE COLLECTION. The seasonal annual collection of naturally-grown holiday trees. This additional collection is collected and disposed of like yard waste, when possible, and will be serviced outside of the Yard Waste Collection Season for a separate fee as set forth in § 11.65.01 of this Code.
LATE SET OUT COLLECTION. The failure of an RDU to set out trash, recyclables, yard waste, organics cart(s), or bulky wastes, electronic wastes, and other additional collection service options for collection by 7:00 a.m. on collection service day. An RDU that sets out a cart or materials after 7:00 a.m. may request a late set out collection for the costs established in § 11.65.01.
LICENSED SOLID WASTE HAULER. A company or person licensed by both the city and the county in accordance with this Article II.
MIXED MUNICIPAL SOLID WASTE. Has the meaning prescribed in M.S. § 115A.03, subd. 21, as it may be amended from time to time.
ORGANICS. Food waste, non-recyclable paper, and other targeted compostable organic materials that are source separated for recovery. The term ORGANICS does not include
.
OVERFLOW TRASH BAGS. Extra bags of
that do not fit into the
which are set out by residents next to the
.
OVERFLOW YARD WASTE BAGS. Extra bags of
that do not fit into the
which are set out by residents next to the
in
.
NON-RDUS. Properties other than residential dwelling units consisting of multiple-family residential buildings, residential dwellings in associations, commercial, industrial and institutional establishments that contract directly for their own
collection services.
RECYCLABLE MATERIALS or RECYCLABLES. Materials listed by the city as appropriate for collection recycling, that will include without limitation: newspapers (including advertising inserts), household office paper and mail, greeting cards, school papers, phone books, magazines, catalogues, boxboard (including cereal, cake, chip and cracker boxes) corrugated cardboard, food and beverage glass jars and bottles, aluminum cans and foil (including pie tins and trays), steel bimetal (“tin”) cans, all rigid plastic containers (including lids, caps, non-bottle tubs, cups, clam shells), and aseptic juice and milk cartons.
REFUSE.
,
,
, as well as waste materials consisting of natural soil, earth, sand, clay, gravel, loam, brick, plaster, concrete and ashes.
RESIDENTIAL DWELLING UNIT (RDU). Consists of any single-family or two-family dwelling occupied by a person or group of persons, and other dwellings expressly agreed upon in writing by the city within the corporate limits of the city that are eligible for services from a
.
RESIDENTIAL SOLID WASTE. Consists of all
from eligible RDUs which normally results from the operation of a household including, but not limited to: all
(
),
,
,
, and
. RESIDENTIAL SOLID WASTE does not include
.
RESIDENTIAL SOLID WASTE COLLECTION SERVICES. Includes, without limitation: the purchase and distribution of all
and/or bags as specified for aggregation of
,
,
, and/or
for use by eligible RDU's; the collection of all
from eligible RDU's which normally results from the operation of a household, including but not limited to: all
(
),
,
,
, and
. Tasks also include reporting, other administration, customer service and public education responsibilities.
RESIDENTIAL SOLID WASTE HAULER. A
under contract with the city to collect
from RDUs in the city in accordance with M.S. § 115A.94, as it may be amended from time to time. The RESIDENTIAL SOLID WASTE HAULER(S) are the sole haulers of
for RDUs in the city and for other properties that the city has allowed to opt-in to the city contracted service.
SOLID WASTE. Has the meaning prescribed in M.S. § 116.06, subd. 22, as it may be amended from time to time, and currently means garbage,
, sludge from a water supply treatment plant or air contaminant treatment facility, and other discarded waste materials and sludges, in solid, semisolid, liquid, or contained gaseous form, resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include
; animal waste used as fertilizer; earthen fill, boulders, rock; concrete diamond grinding and saw slurry associated with the construction, improvement, or repair of a road when deposited on the road project site in a manner that is in compliance with best management practices and rules of the agency; sewage sludge; solid or dissolved material in domestic sewage or other common pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluents or discharges which are point sources subject to permits under § 402 of the Federal Water Pollution Control Act, as amended, dissolved materials in irrigation return flows; or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended.
TRASH. Has the same meaning as the definition of “
” in M.S. § 115A.03, subd. 21, as it may be amended from time to time, and currently means, garbage,
, and other
from residential, commercial, industrial, and community activities that the generator of the waste aggregates for collection, but does not include, auto hulks, street sweepings, ash,
, mining waste, sludges, tree and agricultural wastes, tires, lead acid batteries, motor and vehicle fluids and filters, and other materials collected, processed, and disposed of as separate waste streams.
UNACCEPTABLE MATERIALS. Prohibited items from any of the specific waste streams (e.g.
,
,
,
/
,
) that are not allowed because they may contaminate the specific waste stream, cause an unsafe handling/management situation, or otherwise may harm the environment. Examples include, but are not limited to: prohibited
: hypodermic needles,
, plastic bags; prohibited
: hypodermic needles,
; prohibited
: any items not specifically identified as being accepted; prohibited
/
: any items not specifically identified as being accepted; and prohibited
: non-compostable plastics, etc.
YARD WASTE. Means garden wastes, leaves, lawn cuttings, weeds, shrub and tree waste, prunings, and Holiday Trees. YARD WASTE does not include
.
YARD WASTE COLLECTION. The pick-up, transportation and processing of all
accumulated in a
, or in a compostable
bag or bundle or in accordance with city guidelines.
It shall be the duty of every tenant, lessee, owner or occupant of every private dwelling, house, store, hotel, restaurant, place of business and the owner of every furnished flat or apartment house, and of every other person having
,
,
, or
which accumulates on said premises, to at least once a week deposit said
,
,
or
in approved containers for collection by a
. City code § 21.301.16 sets the minimum standards for
and recycling storage and handling facilities.
(1)
,
,
, or
at RDUs shall be kept in the appropriate
.
shall be maintained and cleaned, and in a state of repair which will prevent leakage. Overflow bags shall be kept inside a building until put out for collection according to § 10.06.02(3).
shall keep all
,
,
or
in the appropriate
or dumpsters with suitable handles and tight-fitting covers maintained clean and in a state of repair which will prevent leakage.
(2) All uncontained
,
,
,
or
shall be kept in an enclosed building until put out for collection according to § 10.06.02(3). These requirements do not apply to dumpsters used for
, or
as part of an active project or clean up of that property.
(3)
shall be kept separate from other
until put out for collection in a
or labeled
, or bundled appropriately.
may be removed by a
when placed at the curb or self-hauled or removed by a lawn or landscape business. If
is kept on the site, it is to be composted.
is permitted in residential zoning districts or for residential uses located in nonresidential zoning districts provided the following regulations are complied with.
(a)
shall be conducted within an enclosed container not to exceed a total of 100 cubic feet in volume for city lots less than 10,000 square feet and 150 cubic feet for lots greater than 10,000 square feet, and the container shall be of a durable material such as wood, block or sturdy metal fencing.
(b) Compost containers must be located at least ten feet from lot lines (or at least five feet from the alley, if any alley exists) and be no closer than 50 feet from any dwelling unit located on adjacent property.
(c) Only
and plant kitchen waste may be placed in compost containers.
(d) None of the following materials shall be placed in the compost container: meat, bones, fat, oil, dairy products and other non-plant kitchen wastes, whole branches or logs, plastic, synthetic fibers, human or pet waste or diseased plants.
(e) Compost shall be turned over and mixed within the container in order to keep the material aerated, to minimize odor generation and promote effective decomposition of the material whereby it will not create a public nuisance.
If
is to be removed from the site, it shall be taken in a sanitary manner to a county or city approved site.
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