A. Contract With Waste Generators: The collection of mixed Municipal solid waste shall utilize free contracting between individual generators and collectors except as regulated by this chapter.
B. License Requirements:
1. License Required:
a. County License Required: Collectors of any solid waste within the city limits shall first have obtained the appropriate license from the county if the county issues a license for the activity.
b. Collectors of any solid waste within the city limits shall obtain a city collector's license, and no collector shall operate within the city without such a license.
c. Issuance of the license does not constitute endorsement of the collector nor does it indicate any intention on the city's part to be bound or held liable for any actions taken by the collector or the results of those actions.
2. Application For License:
a. Applicants for city collector licenses shall make application to the city on forms provided by the city.
b. Fees:
(1) The solid waste collector shall pay all license fees with the license application and the license renewal application as required by section 3-1-2 of this code
(2) No license fee shall be prorated for a portion of a year and no license fee shall be refunded.
c. Information Required:
(1) A list of all vehicles, including satellite vehicles, to be used for solid waste collection and transportation, specifying make, model, and year for each vehicle; each vehicles rated capacity, tare weight, license plate number, state issued registration number, and the designated facility number, if applicable, exclusively issued for that specific vehicle.
(2) The total number of commercial accounts in the city and the total number of residential accounts in the city.
(3) The days of the week solid waste is collected.
(4) Certificate(s) of insurance pursuant to Section 5-3-4B3 of this chapter.
d. The city clerk shall determine if an application for a license under this chapter is complete within fifteen (15) days of receipt of the application and payment of the license fee; an application shall be determined to be complete only if all required information is provided.
e. If the city clerk determines that an application is incomplete, they shall inform the applicant in writing of the information required to be provided to complete the application.
f. Solid waste collector licenses shall be granted to any collector of solid waste upon presentation to the City Clerk of evidence that a current State of Minnesota and Wright County licenses have been obtained, and posting of a bond in the name of the city of Otsego, provision of certificates of insurance meeting the requirements of this chapter naming the city as an additional insured, and compliance with the provisions of this chapter and other applicable regulations of this code.
g. Denial Of An Application:
(1) The city clerk shall provide an applicant written notice sent via first class U.S. mail of a application for license having been denied stating the reasons for the action and the right of the applicant to request a hearing to appeal the decision.
(2) Upon receiving the notice of an application for license being denied, the applicant shall have ten (10) days to request a hearing to appeal the decision.
(3) If requested by an applicant within the allowed timeframe, a hearing shall be scheduled within thirty (30) days from the date of the request.
(4) Hearing:
(A) The hearing shall be conducted by the city council.
(B) The applicant shall be provided opportunity to refute the reasons for the application having been denied, to plead for issuance of the license, or to justify the actions for which the city denied the license, including the cross examination of witnesses that testify against the applicant and the right to produce witnesses on their behalf.
(C) The city council shall give full consideration to all evidence presented during the hearing and make a determination whether to deny or issue the requested license.
(D) The city clerk shall notify the applicant via first class U.S. mail of the city council decision stating, in detail, the reasons for the action within ten (10) days of the close of the hearing.
(5) Appeal: Any person whose license is denied following a hearing by the city council shall have the right to appeal that decision to Court of Appeals.
3. Insurance Requirements:
a. Certificates: A solid waste collector license applicants shall obtain, maintain, and submit with the license application certificates of insurance issued by insurers duly licensed by the State of Minnesota providing the following coverage, or a self-insurance plan certified by the Department of Commerce providing equivalent coverage.
b. Workers Compensation Insurance:
(1) Worker's compensation insurance shall be in compliance with all applicable State Statutes.
(2) Such policy shall include Employer's Liability Coverage in at least such amount(s) as are customarily issued in Minnesota and an All States or Universal Endorsement, if applicable.
(3) In the event a licensee is a sole proprietor and has elected not to provide workers' compensation insurance, the licensee shall be required to execute and submit to the city an affidavit of sole proprietorship in a form acceptable to the city.
(4) General Liability:
(A) Commercial general liability coverage, providing coverage on an "occurrence", rather than on a "claims made" basis, which policy shall include, but shall not be limited to, coverage for bodily injury, property damage, personal injury, contractual liability (applying to this contract), independent licensees, "XC&U" and products-completed operations liability (if applicable).
(B) Such coverage may be provided under an equivalent policy form (or forms), so long as such equivalent form (or forms) affords coverage that is at least as broad; an Insurance Services Office "Comprehensive General Liability" policy that includes a "Broad Form Endorsement", shall be considered to be an acceptable equivalent policy form.
(C) The licensee shall maintain at all times during the period of the license a total combined general liability policy limit of at least $1,000,000 for each occurrence and $2,000,000 aggregate, applying to liability for bodily injury, personal injury, and property damage, which total limit may be satisfied by the limit afforded under its "commercial general liability" policy, or equivalent policy, or by such policy in combination with the limits afforded by an "umbrella" or "Excess Liability" policy (or policies), provided, that the coverage afforded under any such "umbrella" or "excess liability" policy is at least as broad as that afforded by the underlying "commercial general liability policy (or equivalent underlying policy).
(D) Such commercial general liability policy and "umbrella" or "excess liability" policy (or policies) may provide aggregate limits for some or all of the coverage afforded thereunder, so long as such aggregate limits have not, as of the beginning of the term or at any time during the term, been reduced to less than the total required limits stated above, and further, that the "umbrella" or "excess liability" policy provides coverage from the point that such aggregate limits in the underlying comprehensive general liability policy become reduced or exhausted.
c. Automobile Liability:
(1) Business automobile liability insurance shall be obtained and shall cover liability for bodily injury and property damage arising out of ownership, use, maintenance, or operation of all owned, non-owned and hired automobiles and other motor vehicles utilized by the licensee in connection with performance under a license issued in accordance with this section.
(2) Such policy shall provide total liability limits for combined bodily and/or property damage in the amount of at least $1,500,000 per accident, which total limits may be satisfied by the limits afforded under such policy, or by such policy in combination with the limits afforded by an "Umbrella" or "Excess Liability" policy(ies), provided, that the coverage afforded under any such "Umbrella" or "Excess Liability" policy(ies) shall be at least as broad with respect to such business automobile liability insurance as that afforded by the underlying policy.
(3) Unless included within the scope of the licensee's commercial general liability policy, such business automobile liability shall also include coverage for motor vehicle liability assumed under contract.
d. Evidence:
(1) A licensee shall provide the city with evidence that the insurance coverage required by this section is in full force and effect at least twenty (20) days prior to the granting of a license by the city.
(2) At least thirty (30) days prior to termination of any such coverage, licensee shall provide the city with evidence that such coverage will be renewed or replaced upon termination with insurance that compiles with these provisions.
(3) Such evidence of insurance shall be in the form of a "certificate of insurance", or in such other form as the city may reasonably request, and shall contain sufficient information to allow the Department to determine whether there is compliance with these provisions.
(4) At the request of the city, the licensee shall, in addition to providing such evidence of insurance, promptly furnish the city with a complete (and if so requested, insurer-certified) copy of each insurance policy intended to provide coverage required by this section.
(5) All insurance policies required by this section shall be endorsed to require that the insurer provide at least a sixty (60) day notice to the city prior to the effective date of policy cancellation, non-renewal, or material adverse change in coverage terms.
(6) The licensee's insurance agent shall certify on the certificate of insurance, that they have error and omissions coverage.
e. Insurers Policies:
(1) All policies of insurance required by this section shall be issued by financially responsible insurers licensed to do business in the State of Minnesota, and all such insurers shall be acceptable to the city; such acceptance shall not be unreasonably withheld or delayed.
(2) An insurer with a current A.M. Best Company rating of at least A: VII shall be conclusively deemed to be acceptable; in all other instances, the city shall have twenty (20) business days for the date of receipt of a licensee's evidence of insurance to advise the licensee in writing of any insurer that is not acceptable to the city; if the city does not respond in writing within such twenty (20) day period, the licensee's insurer(s) shall be deemed to be acceptable to the city.
4. Term Of License:
a. A solid waste collector's license shall be valid for one (1) year from the date of issuance unless revoked earlier.
b. Application for renewal of a solid waste collection license shall be processed in accordance with section 5-3-4B2 of this chapter.
5. No Vested Right: No solid waste collector holding a city solid waste collector license pursuant to this chapter shall acquire a vested right of any kind in that license; the city may, upon finding that public necessity requires, determine at any time to establish other means of solid waste collection.
6. Exemptions From License: The license requirements of this section shall not apply to persons who haul garbage, refuse, or recyclables from their own residence or business property. Provided the following conditions are met:
a. Garbage and refuse is hauled in containers meeting the standards established in this chapter.
b. Garbage and refuse is disposed of only at designated sanitary landfills or other facilities authorized by the County.
c. Recyclables are disposed of only at a recycling facility, an organized recycling drive, or through licensed collectors.
d. Yard waste is privately composted, or is disposed of at a composting facility authorized by the government agency or political subdivision with jurisdiction to do so.
C. Duty To Provide Service:
1. A licensed collector of mixed Municipal solid waste shall pick up all such waste which has been deposited for collection pursuant to this chapter and the contract between the collector and the generator.
2. Each collector shall have a telephone number listed in a telephone directory of general circulation in the city or on a webpage accessible to the public, and shall provide telephone answering service between the hours of nine o'clock (9:00) A.M. and four thirty o'clock (4:30) P.M. Monday through Friday, except on legal holidays.
3. If the customer was not serviced because the waste containers were not accessible on the scheduled collection day, the collection shall be made as soon as possible by agreement between the license collector and customer.
4. The licensed collector shall replace at its expense, containers which are damaged by the licensed collector's carelessness or the carelessness of licensed collector's employees or agents.
5. A licensed collector is prohibited from driving the collection vehicle upon the private driveways of residents unless written approval is first obtained from such resident.
D. Schedule Of Collection: Regularly scheduled collection of mixed Municipal solid waste, recyclable material and yard waste shall be in accordance with the following provisions:
1. Hours Of Collection: Collection shall only occur between the hours of six o'clock (6:00) A.M. and ten o'clock (10:00) P.M. on the scheduled day of service.
2. Days Of Residential Collection: Collection from any residential premises, except those located within commercial zoning districts, shall occur only on Thursday of each week.
3. Collection As Needed: Collection from any commercial, industrial or institutional use shall occur on an as needed basis agreed to between the generator and collector.
4. Holidays:
a. No collection shall occur on the following holidays:
(1) New Year's Day.
(2) Memorial Day.
(3) Independence Day.
(4) Labor Day.
(5) Thanksgiving Day.
(6) Christmas Day.
b. For any week during which a holiday established by this chapter occurs between Monday and Friday, the collection service shall be allowed on the next calendar day after that collection date established by this chapter.
E. Reporting Required:
1. All licensed solid waste collectors shall keep records and report annually no later than January 15 of each year to the city information relating to the collection, processing, and disposal of solid waste and recyclable materials collected by the solid waste collector during the prior calendar year.
2. The annual report shall include the following information:
a. The volume or weight, type(s) of solid waste collected, such as residential, yard, organic, commercial, industrial, construction, and demolition debris, or any other general type of solid waste or recycling.
b. Number of residential and non-residential accounts.
c. Total weight of solid waste collected by type documented by a state certified scale or other city approved documentation method.
d. Location(s) where solid waste was delivered, deposited, processed, or marketed and the total amount of waste delivered to each solid waste facility or other location.
3. In addition to the annual report required by this section, each licensed collector of recyclable materials shall submit a quarterly report to the City as required by section 5-3-7D of this chapter.
F. Service Charge: Licensed collectors of mixed Municipal solid waste shall not charge their customers a flat fee. To the extent possible, charges shall reflect the volume or weight of mixed Municipal solid waste collected.
G. Liability Of Unlicensed Collectors: Any nonlicensed collector operating within the City shall be liable for any damage or threat to community health, safety and welfare and subject to this chapter just as if that collector had obtained a City collector's license.
H. Vehicles And Containers: Collectors of waste shall utilize vehicles and containers that are covered, leakproof, durable, of easily cleanable construction and suitable for the type of waste being collected. The vehicles and containers shall be cleaned to prevent nuisances, pollution, vermin and insect breeding and shall be maintained in good repair and serviceable condition at all times.
I. Dropping, Leaking Waste: If any material is released from a collector's vehicle or container, the collector shall pick up the material immediately and properly clean the area. If the material is hazardous in nature or a hazardous waste, the collector must immediately notify the City and comply with all other applicable statutes, rules, and regulations.
J. Exemptions From Provisions: This chapter shall not apply to collection of solid waste from a single property related to a construction or landscaping project or other activity occurring on a temporary basis as may be allowed by this Code.
(Prior Code § 7-8-3; amd. Ord. 2024-07, 6-24-2024)