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; General Provisions: Collectors of any solid waste, including source separate recyclable materials and yard waste, that operate in the City shall obtain a City collector's license, and no collector shall operate within the City without such a license. The City collector's license is revocable upon violation of any part of this chapter or any conditions attached by the City to the license. 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: Applicants for City collector licenses shall make application to the City on forms provided by the City and through procedures prescribed by the City Council.
3. Bond And Insurance Requirements:
a. Bond: The amount of the required bond shall be set annually by resolution of the City Council. The bond posted as a license requirement is intended to provide indemnification to the City in the event of a release of any waste that is related to the bonded collector's activities. The posting of this bond does not relieve the collector of any liability for the release of waste. In the event that the City is caused to respond, the bond will be forfeited to the extent of the City's response costs. If the response costs exceed the bond amount, the collector shall remain liable to the City for costs in excess of the bond amount.
b. Insurance: City collector license applicants shall furnish the City with certificates of insurance containing a thirty (30) day cancellation notice issued by insurers duly licensed by the State of Minnesota. Insurance must include the following:
(1) Commercial or business vehicle liability insurance, including nonowned and hired vehicles, with combined single liability limits not less than five hundred thousand dollars ($500,000.00) per occurrence.
(2) Workers' compensation insurance in accordance with Minnesota Statutes section 176.182, and including employer's liability coverage with limits not less than one hundred thousand dollars ($100,000.00). (Prior Code § 7-8-4)
4. License Fee: The annual City collector license fee shall be as set out in section 3-1-2 of this Code.
5. Issuance Or Denial Of License: City 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, evidence of adequate levels of insurance coverage and posting of a bond in the name of the City of Otsego. An applicant denied a license may have the decision reviewed by the City Council. The applicant shall request such review in writing within ten (10) days after denial of the license.
6. Term Of License; Renewal: The City collector's license shall be valid for one year from the date of issuance unless revoked earlier and shall be renewable upon application in accordance with section 3-1-2 of this Code.
7. Suspension Or Revocation Of License: The City Council may suspend or revoke the City license of any collector whose conduct is found to be in violation of this chapter. Suspension or revocation may also be based on other health, safety and welfare concerns arising out of the performance of any licensed collector. Revocation or suspension shall be preceded by a public hearing conducted in accordance with Minnesota Statutes sections 14.57 to 14.69. The City Council may appoint a hearing examiner or may conduct the hearing itself. The hearing notice shall be given at least ten (10) days prior to the hearing, shall include notice of the time and place of the hearing, and shall state the nature of the charges against the collector. Notice shall be provided to the collector by mail. (Prior Code § 7-8-4; amd. 2018 Code)
8. No Vested Right: No collector holding a City collector's 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 to establish other means of refuse collection.
9. 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: 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.
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. 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.
F. 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.
G. 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.
H. 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.
I. 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)