(A) No person shall bury any MSW, recyclable materials, or other waste materials within the city. No person shall allow solid waste, recyclables, bulky waste, SSOM, or yard waste to accumulate upon property owned or occupied by any such person; or fails to dispose thereof in a manner meeting the provisions of this chapter. It shall be unlawful for any person to permit MSW, recyclables, bulky waste, yard waste, SSOM, or construction and demolition, waste to be removed from his or her property by an unlicensed hauler.
(B) Nothing in this chapter shall prevent persons from hauling MSW, recyclables, bulky waste, yard waste, tree waste, SSOM, or construction and demolition waste or other waste from their own residences or business properties, provided the following rules are observed:
(1) The disposal method must ensure that all waste will be deposited into properly permitted and/or licensed site in accordance with state and county rules;
(2) That all MSW, recyclables, or SSOM shall be hauled in containers that are watertight on all sides and the bottom, and with tight fitting covers on top;
(3) That all bulky waste, yard waste, tree waste, or construction and demolition waste must be hauled in vehicles with leak-proof bodies and be completely covered or enclosed by canvas or other means of material so as to completely eliminate the possibility of loss of cargo; and
(4) That recyclables shall be disposed of at a recycling facility, an organized recycling drive, or through a licensed recycling hauler.
(C) The discharging or depositing of MSW, recyclables, bulky waste, yard waste, tree waste, SSOM, or construction and demolition waste on any street, alley, drive, park, playground, or other public place or any privately-owned lot in the city by any person is unlawful. MSW is the responsibility of the property owner until such time as it is collected by a licensed hauler.
(D) It is unlawful for any person to scavenge or otherwise collect MSW, or other recyclable materials, bulky wastes, yard wastes, SSOM, or construction and demolition waste at the curb or from recyclable containers without a license from the city and an account relationship with the owner of the premises.
(E) Except as provided in division (B) of this section, MSW shall be disposed of by contracting with a licensed hauler to haul the waste to a properly permitted and/or licensed site in accordance with state and county rules.
(F) Residents of residential dwelling units are strongly encouraged to separate recyclables from the waste stream for recycling. Owners/occupants of commercial buildings shall comply with Minnesota Statutes and recycle at least 3 types of material.
(G) Except as provided in division (D) of this section, bulky waste must be disposed of by contracting with a licensed private hauler to haul the waste to a properly permitted and/or licensed processing or disposal site.
(H) Yard waste. All leaves and grass clippings shall be separated from all other solid waste accumulated on the premises and shall be placed and maintained in compostable bags, containers, or packages as provided by the customer’s yard waste collection contractor or otherwise as are identified as acceptable by resolution of the City Council establishing same from time to time.
(1) It shall be unlawful for any person to dispose of yard waste into the MSW, recyclables, or bulky waste streams. All yard waste to be picked up by a licensed hauler shall be placed in separate compostable bags or containers in compliance with Minnesota Statutes and shall not contain garbage, recyclables or construction/demolition waste. In compliance with M.S. § 115A.931 Subd.(c) and M.S. § 325E.046, yard waste may not be contained in plastic bags.
(2) Yard waste shall be disposed of by:
(a) Contracting with a licensed private collector to haul the yard waste to a county approved properly permitted and/or licensed compost site;
(b) The resident transporting the yard waste to a compost site; or
(c) Composting the yard waste on the resident’s property.
(3) It shall be unlawful for a licensed private collector to dispose of yard waste into the garbage, other refuse, recyclables, or white goods bulky waste stream.
(4) Residential composting shall be conducted within an enclosed container(s). The compost shall be contained, secure against vermin and excess moisture and remain aerobic to allow for the decomposition of the material. The compost area shall be screened from view of adjacent property owners. Containers shall be of a durable material including, but not limited to, sturdy woven wire fencing, rot-resistant wood, or a commercially purchased composting unit which will provide for adequate aeration. Containers shall be constructed and maintained in a structurally sound manner. Wood used in the construction of a compost container must be sound and free of rot. The compost container(s) shall be located in the rear yard no closer than 1 foot to any rear or side property line and shall not be located closer than 1 foot from the rear property line and shall not be located in any required front or side yard as defined in the zoning code, nor closer than 20 feet to any habitable building, other than the resident’s own home, off of the subject property. Composting shall be accomplished in compliance with Minnesota Statutes and the applicable Administrative Rules of the Minnesota Pollution Control Agency.
(I) It shall be unlawful for any person to permit SSOM to be removed from the property by an unlicensed hauler. A hauler licensed for SSOM may also be licensed for garbage and/or recyclables.
(Ord. 7557, passed 6-20-2017) Penalty, see § 10.99