The following terms, when used in this chapter, shall have the meanings given them in this section:
AGENCY: The Minnesota Pollution Control Agency.
BIOSOLID: Any solid, semisolid or liquid waste generated from a Municipal, commercial or industrial wastewater treatment facility, water supply treatment facility or air contaminant treatment facility, or any other waste having similar characteristics and effects, Minnesota Statutes section 116.06, subdivision 21.f.
CITY: The City of Otsego.
CITY COUNCIL: The Governing Body of the City of Otsego.
COLLECTION: The aggregation of any waste from the place at which it is generated including all activities up to the time the waste is delivered to a waste facility, Minnesota Statutes section 115A.03, subdivision 5.
COLLECTOR: Any person who performs the act of waste collection including any generator who transports waste generated by that person to any facility whether the facility is located within or outside the City.
CONSTRUCTION DEBRIS: Waste building materials, packaging and rubble resulting from construction, remodeling, repair and demolition of buildings and roads but specifically excluding any and all hazardous waste, hazardous materials or problem materials, Minnesota Statutes section 115A.03, subdivision 7.
COUNTY: Wright County.
DISPOSAL FACILITY: Waste facility permitted by the agency and other applicable government authority that is designed or operated for the purpose of disposing of waste on or in the land, together with any appurtenant facilities needed to process waste for disposal or transfer to another waste facility, Minnesota Statutes section 115A.03, subdivision 10.
DISPOSAL OR DISPOSE: The discharge, deposit, injection, dumping, spilling, leaking, or placing of any waste into or onto any land or water so that the waste, or any constituent thereof, may enter the environment, or be emitted into the air, or discharged into any waters including groundwater, Minnesota Statutes section 115A.03, subdivision 9.
FLOODPLAIN: The areas adjoining a watercourse which has been or hereafter may be covered by the 100-year flood as determined by the use of the 100-year flood profile and other technical data in the Flood Insurance Study.
GARBAGE: Discarded material resulting from the handling, processing, storage, preparation, serving and consumption of food, Minnesota Rules 7035.03, subparagraph 40.
GENERATION: The act or process of producing waste, Minnesota Statutes section 115A.03, subdivision 11.
GENERATOR: Any person who generates waste, Minnesota Statutes section 115A.03, subdivision 12.
HAZARDOUS WASTE: Any refuse, sludge, or other waste material or combinations of refuse, sludge, or other waste materials in solid, semisolid, liquid or contained gaseous form which, because of its quantity, concentration, physical or infectious characteristics, may: a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed. Categories of hazardous waste materials include, but are not limited to, explosives, flammables, oxidizers, poisons, irritants, and corrosives. Hazardous waste does not include source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended, Minnesota Statutes section 116.06, subdivision 11.
LANDSPREADING: The placement of waste or waste byproducts on or incorporation of them into the soil surface, Minnesota Rules 7035.03, subparagraph 54.
LEACHATE: Liquid that has percolated through solid waste and has extracted, dissolved, or suspended materials from it, Minnesota Rules 7035.03, subparagraph 56.
MAJOR APPLIANCE: Clothes washers and dryers, dishwashers, hot water heaters, garbage disposals, trash compactors, conventional ovens, ranges and stoves, air conditioners, refrigerators, and freezers, Minnesota Statutes section 115A.03, subdivision 17a.
MIXED MUNICIPAL SOLID WASTE: Garbage, refuse, and other solid waste from residential, commercial, industrial and community activities which is generated and collected in aggregate, but does not include auto hulks, ash, construction debris, mining waste, sludge, tree and agricultural wastes, tires, lead acid batteries, used oil, and other material collected, processed and disposed of as separate waste streams. Street sweepings are excluded from the definition of mixed Municipal solid waste only if they are properly screened, meet applicable MPCA standards for heavy metal content, and are free of any pollutants or material determined to be solid waste or hazardous waste pursuant to this chapter, or any other material determined by the City Engineer to be a public health or safety hazard, Minnesota Statutes section 115A.03, subdivision 21.
OPERATOR: The person or persons responsible for the operation of the facility, Minnesota Rules, subparagraph 73.
OWNER: An individual, association, syndicate, partnership, corporation, trust or any other legal entity holding an equitable or legal ownership interest in land, buildings, structures, dwelling unit(s), or other property.
PERSON: Any individual or entity.
PROCESSING: The treatment of waste after collection and before disposal. Processing includes, but is not limited to, reduction, storage, separation, exchange, resource recovery; physical, chemical or biological modification including composting; and transfer from one waste facility to another, Minnesota Statutes section 115A.03, subdivision 25.
RECYCLABLE MATERIAL: Any materials that are separated from mixed Municipal solid waste for the purpose of recycling; except, that refuse derived from fuel or other material destroyed by incineration is not a recyclable material, Minnesota Statutes section 115A.03, subdivision 25a.
RECYCLING: The process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use, Minnesota Statutes section 115A.03, subdivision 25b.
REFUSE: Putrescible and nonputrescible solid wastes, including garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, and market and industrial solid wastes, and including Municipal treatment wastes which do not contain free moisture, Minnesota Rules 7035.03, subparagraph 89.
RELEASE: Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment which occurred at a point in time or which continues to occur.
RUBBISH: Nonputrescible solid wastes, including ashes, consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, or litter of any kind, Minnesota Rules 7035.03, subparagraph 94.
RUNOFF: Any liquid that drains over land from any part of a facility, Minnesota Rules 7035.03, subparagraph 95.
SEWAGE SLUDGE: The solids and associated liquids in Municipal wastewater which are encountered and concentrated by a Municipal wastewater treatment plant. Sewage sludge does not include incinerator residues and grit, scum, or screenings removed from other solids during treatment, Minnesota Statutes section 115A.03, subdivision 29.
SOLID WASTE: Garbage, refuse, sludge from a water treatment plant or air contaminant treatment facility, and other discarded waste materials and sludge in solid, semisolid, liquid, or contained gaseous form, resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include hazardous waste; animal waste used as fertilizer; earthen fill, boulders, rock, 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 the Federal Water Pollution Control Act, as amended, or applicable State law, dissolved materials in irrigation return flows or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended, Minnesota Statutes section 116.06, subdivision 22.
SOURCE SEPARATION: The segregation by the generator of recyclable and reusable materials and yard waste from mixed Municipal solid waste for collection in a separate waste stream resulting in reuse, recycling, resource recovery or other processing resulting in a usable end product.
WASTE: Solid waste, sewage sludge and hazardous waste, Minnesota Statutes section 115A.03, subdivision 34.
WETLANDS: Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that in normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands have the following general diagnostic environmental conditions:
A. Vegetation: The prevalent vegetation consists of macrophytes that are typically adapted to areas having hydrologic and soil conditions described above. Hydrophytic species, due to morphological, physiological and/or reproductive adaptation(s), have the ability to grow, effectively compete, reproduce and/or persist in anaerobic soil conditions. The period of inundation or soil saturation varies according to the hydrologic/soil moisture conditions.
B. Soil: Soils are present and have been classified as hydric, or they possess characteristics that are associated with reducing soil conditions.
C. Hydrology: The area is inundated either permanently or periodically at mean water depths less than or equal to two meters (2 m) (6.6 feet), or the soil is saturated to the surface at some time during the growing season of the prevalent vegetation. The period of inundation or soil saturation varies according to the hydrologic/soil moisture regime. Indicators of vegetation associated with wetlands, of development under reducing conditions, and of hydrologic conditions that occur in wetlands are listed in the "Corps of Engineers Wetlands Delineation Manual" (U.S.-ACOE, Environmental Laboratory, 1987. Technical Report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, Miss.). As defined here, wetlands also include any watercourse, natural drainage system, water body, stormwater detention basin or wetland that may be subject to periodic flooding, overflow, and/or seasonal high water table.
YARD WASTE: Garden wastes, leaves, lawn cuttings, weeds and prunings generated at residential or commercial properties, Minnesota Rules 7035.03, subparagraph 121.
YARD WASTE COMPOSTING FACILITY: A facility that accepts yard waste originating on other property and processes that waste to produce a usable end product. (Prior Code § 7-8-2; amd. 2018 Code; Ord. 2020-07, 4-27-2020)