The following provisions control the location, use and operation of waste disposal facilities located within the corporate limits of the City. These provisions are intended to complement, conform to, and operate in conjunction with the City zoning ordinance and the City Comprehensive Plan.
A. Floodplain And Wetland Prohibition: No waste disposal facility of any type or kind shall be located in, on, or within three hundred feet (300') of a floodplain or a wetland. This prohibition is not waiverable in reference to any facility and overrides any and all waivers or conditional uses allowed.
B. Waste Disposal Facilities:
1. Prohibited Locations: Location of any waste disposal facility, including, but not limited to, a landspreading facility for other than yard waste, a construction debris disposal facility, a mixed Municipal solid waste disposal facility, an industrial waste disposal facility, a hazardous waste disposal facility, an infectious waste disposal facility or any waste incineration facility within the corporate limits of the City is prohibited except as allowed in this subsection B. This prohibition is based on the City Council's finding that the soil types and subsurface material within the City and the City's proximity to a major surface watercourse generally preclude the location of these types of facilities within the City.
2. Backyard Yard Waste Composting Facilities: Backyard yard waste composting facilities are exempt from this chapter to the extent that they do not have any deleterious effect on the public health, environment, surface water or groundwater. This exemption shall be void if it is found that a deleterious effect has resulted or is resulting from the disposal, and upon such a finding, such waste shall come within all of the terms of this chapter. Proof of the lack of deleterious effect is the burden of the generator.
3. Individual Waste Disposal Facilities: Where regular collection services are not available, mixed Municipal solid waste resulting from a single family's property is exempt from this chapter to the extent that it does not have any deleterious effect on the public health, environment, surface water or groundwater. This exemption shall be void if it is found that a deleterious effect has resulted or is resulting from the disposal, and upon such a finding, such waste shall come within all of the terms of this chapter. Proof of the lack of deleterious effect is the burden of the generator.
4. Waiver: It is within the discretion of the City Council to waive the prohibition on waste disposal facilities on a site specific basis. This discretionary waiver of the prohibition shall be preceded by submission of facts and plans by the proposed operator and owner of the facility, a public hearing and issuance of a decision by the City Council. If allowed by the City Council, the facility must, at a minimum, conform to the rules promulgated by the agency for the type of waste facility allowed.
a. Facts And Plans: Facts and plans shall contain the following materials, at a minimum, and any other materials requested by the City Council:
(1) Name of the site owner.
(2) Name of the site operator.
(3) Address of a contact person for the facility operation.
(4) A telephone number for the contact person.
(5) Location of the site.
(6) An environmental impact statement or environmental assessment worksheet, as applicable, including, but not limited to, an assessment of the potential impact on surface and groundwater, the potential for litter, the potential for particulate air pollution, the potential for runoff, the potential for leachate formation and the potential for excessive or offensive odors.
(7) A description of any processing of the waste.
(8) The plan for acceptance and disposal of the waste.
(9) The end product of the process and its planned disposition if the waste is processed.
(10) A description of steps to be taken to abate, ameliorate or negate the potential environmental hazards.
(11) Any preliminary information or indications from the agency or any other governmental or private organization relative to the potential hazards or problems with the site.
b. Notice Of Hearing: Notice of the public hearing shall be given thirty (30) days prior to the hearing. Notice shall be published in a newspaper of general circulation in the City, and mailed notice shall be provided to landowners adjacent to the proposed site. The notice shall indicate the type of facility proposed, its location, the time and date of the public hearing and shall state the fact that the plans and facts relevant to the proposal are available for public review in the City offices. The facts and plans submitted by the operator shall be made available to the public during the notice period, during normal business hours, at the City offices.
c. Public Hearing(s): Public hearing(s) shall be held by the City Council, and all interested parties who request time to present information shall be given such time. Time to present information shall be allotted at the discretion of the City Council but shall be reasonable and equitable in amount. Written comments and objections may be submitted for the City Council's information and review. Records of the hearing shall be kept and such records shall consist of copies of all written materials and transcripts or recordings of the hearing(s).
d. City Council Decision: The City Council shall render a decision within sixty (60) days of the final public hearing. A decision to allow the facility constitutes a conditional use permit, and the City Council may attach such conditions as it feels are appropriate to protect the public health, safety and welfare and the environment. A negative decision must be accompanied by the reasons for the decision. Any decision is appealable as allowed by law.
5. Biosolid Disposal Sites: Sites for which the Minnesota Pollution Control Agency has issued a permit to the City for use for land applications of biosolids generated by Municipal wastewater treatment facilities shall be exempt from the prohibition established by subsection B1 of this section.
C. Yard Waste Composting Facilities:
1. Licensing Requirements:
a. License Required: Operation of a yard waste composting facility requires licenses provided by the agency, the County, and a City yard waste composting facility license.
b. Application For License: The City yard waste composting facility license application shall contain, at a minimum, the following materials, and any other materials requested by the City Council:
(1) Name of the site owner.
(2) Name of the site operator.
(3) Address of a contact person for the operator.
(4) A telephone number for the contact person.
(5) Location of the site.
(6) An assessment of the possible environmental hazards including, but not limited to, the potential impact on surface water and groundwater, the potential for litter, the potential for particulate air pollution, and the potential for excessive or offensive odors.
(7) A description of the process.
(8) The end product of the process and its projected disposition.
(9) A description of steps to be taken to abate, ameliorate or negate the potential environmental hazards.
c. Insurance And Bond Requirements:
(1) Insurance: City yard waste composting facility 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 commercial general liability insurance covering all operations of the facility with limits not less than two hundred fifty thousand dollars ($250,000.00) per person and five hundred thousand dollars ($500,000.00) per occurrence for bodily and personal injury. If the liability policy includes an aggregate limit, the collector shall insure that the unencumbered aggregate remains not less than five hundred thousand dollars ($500,000.00).
(2) Bond: The operator of any yard waste facility located within the City shall post a bond payable to the City of Otsego prior to issuance of the City license. The amount of the required bond shall be set 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 any violation of this chapter or of conditions stipulated in the City license. The posting of this bond does not relieve the facility of any liability for any violations of this chapter or any stipulated conditions in the license. 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 facility shall remain liable to the City for costs in excess of the bond amount. (Prior Code § 7-8-7)
d. License Fee: The fee for the issuance of the license and conditional use permit shall be as provided in section 3-1-2 of this Code. (Prior Code § 7-8-7; amd. 2018 Code)
e. Issuance Or Denial Of License: The City yard waste composting facility license shall be issued or denied by the City Council after a public hearing to consider application materials submitted by the proposed facility owner and the operator and to solicit public comment. The public hearing shall be preceded by thirty (30) days' notice in a newspaper of general circulation. Mailed notice shall be provided to owners of land adjacent to the proposed site. During the notice period, the application materials shall be available for public review at the City offices, and this shall be stated in the public notice. The application will be approved or denied within sixty (60) days of the public hearing. In the event the license is denied, the City Council shall provide the reason for the denial. (Prior Code § 7-8-7)
f. Term Of License; Renewals: City yard waste composting facility licenses shall be valid for one year with renewal conditional on City Council approval. Matters to be considered on renewal include, but are not limited to, conformance with all license requirements and any other statutes, ordinances, rules and regulations promulgated by any Governing Body with legal authority to regulate the facility. Renewal shall be by resolution of the City Council. The renewal fee shall be as provided in section 3-1-2 of this Code. Public notice of the renewal shall be provided in a newspaper of general circulation in the City. (Prior Code § 7-8-7; amd. 2018 Code)
2. Facility Requirements:
a. Acceptable Materials: The only material acceptable at a yard waste composting facility is yard waste. Any other waste shall be considered unacceptable and acceptance of unacceptable waste at the facility constitutes grounds for revocation of the City license.
b. Environmental Damage Limits: The facility shall incorporate methodology designed to:
(1) Limit or eliminate surface runoff.
(2) Limit or eliminate obnoxious or offensive odors and remain within the limits of the rules promulgated by the agency concerning odors.
(3) Limit or eliminate any dispersal of material off of the site.
(4) Measure any leachate production and limit its entry into the groundwater.
(5) Meet any other requirements imposed as a condition of granting the license.
3. Performance Standards:
a. The facility must meet MPCA requirements for a yard waste compost facility as specified in Minnesota Rules 7035.2835.
b. The facility must not abut a property planned, used, or zoned for residential or public use.
c. The facility must be screened from the public right-of-way by operating in an enclosed building or, if outdoors:
(1) Within an area enclosed by an opaque fence at least six feet (6') in height with landscaping; and
(2) At least one hundred fifty feet (150') from property planned, used, or zoned for residential or public use.
d. Other setback and landscape requirements shall be the same as those for the zoning district in which the facility will be located; except, that all nonimpervious surfaces other than planting beds shall be sodded and irrigated.
e. The site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis; covered containers shall be provided for bags, boxes, and other litter left by patrons.
f. Space shall be provided on site for a minimum of five (5) customers, or the anticipated peak customer load, whichever is higher, to circulate, park and deposit yard waste materials, except where the Zoning Administrator determines that allowing overflow traffic above five (5) vehicles is compatible with surrounding businesses and public safety.
g. One off street parking space shall be provided for each commercial vehicle operated by the yard waste compost facility. Parking requirements will otherwise be as mandated by the zoning district in which the facility is located; except, that parking spaces for employees may be reduced when it can be shown that parking spaces are not necessary if employees are transported in a company vehicle to the site.
h. All inbound and outbound trucks and equipment, except for personal vehicles, shall be restricted to designated routes established by the City.
i. Noise levels shall not exceed sixty (60) decibels as measured at the property line of property zoned for residential or public use. Otherwise, noise levels shall not exceed seventy (70) decibels.
j. If the facility is located within five hundred feet (500') of property planned, zoned or used for residential use, it shall only be in operation between nine o'clock (9:00) A.M. and seven o'clock (7:00) P.M.
k. A pest control plan shall be submitted that is acceptable to the local sanitarian or other appropriate official including, but not limited to, a contract with a licensed pest control operator or regular service. (Prior Code § 7-8-7)
l. Sign requirements shall be those provided in the zoning district in which the facility is located or as provided by Minnesota Statutes section 173.086. The facility shall be clearly marked with the name and telephone number of the facility operator and the hours of operation. (Prior Code § 7-8-7; amd. 2018 Code)
m. Power driven processing necessary for efficient temporary storage and shipment of material may be approved if the facility meets noise and other considerations listed above.
n. The operation of the facility shall comply with a regular inspection scheduled as approved by the sanitarian or other appropriate local official.
o. If required, an environmental impact statement or environmental assessment worksheet must be completed prior to granting approval for any yard waste compost facility.
4. Waste Acceptance:
a. Inspection And Acceptance: Each load arriving at the facility shall be inspected and acceptance shall be noted on a permanent record. This record shall include the date, transporter name, point of origin and type of waste. This form shall be maintained at all times and shall be available for inspection. Completed acceptance forms shall be held for inspection for four (4) years.
b. Unacceptable Waste: In the event that unacceptable waste is delivered to the facility and discovered before acceptance, it shall be the collector's or transporter's responsibility to remove the unacceptable waste within twenty four (24) hours of receiving notice of its unacceptable status. It shall be considered sufficient notice to inform the driver of the transporting vehicle that the waste is unacceptable; provided, that the reason for the unacceptable status is provided to that driver in written form. A copy of this written notice shall be maintained in the waste acceptance records and shall be available for inspection.
c. Ownership Of Waste: Ownership of the waste shall remain in the collector or transporter until the waste is inspected and accepted at the facility, at which time, ownership shall vest in the facility owner and operator.
5. Facility Operation:
a. Process: The process employed shall be designed to reduce or alter the waste to provide an acceptable end use product.
b. Receipt Of Waste: Yard waste shall be received at the composting site in containerless bulk form and not in plastic or other bags or boxes. Vehicles delivering yard waste must be enclosed. Yard waste may not be delivered, transferred or stored within three hundred feet (300') of any residential building.
c. Processing Time: All yard waste accepted must begin processing within twenty (20) days of acceptance at the facility.
d. Storage: Adequate storage for one week's backlog of accepted waste shall be provided. This storage site must provide adequate measures to:
(1) Prevent the formation of leachate.
(2) Prevent the dispersal of the waste off of the facility.
e. Vehicles: All vehicles delivering yard waste must be in compliance with the weight limits of the roads utilized.
f. Extraneous Materials: All extraneous materials must be removed within twenty four (24) hours.
g. Nuisance Conditions: The composting operation, including delivery, storage, spreading, and composting, shall not generate off site nuisances. Such off site nuisances include, but are not limited to, dust, odor and wind blown debris or yard waste. The operation shall be free of litter and vermin.
h. Other Regulations: The composting shall be accomplished in accordance with the regulations and rules of all other agencies, organizations, or entities having jurisdiction over such activity.
i. Termination: Composting activities shall be suspended if at any time it is determined that conditions exist constituting a fire hazard, or if there is a threat to surface water or groundwater from runoff of leachate. The City may inspect the site at any time without prior notice to ensure compliance with this chapter.
j. Reports: The operator of the composting facility shall report annually to the City. The report shall state the tonnage of yard waste delivered, the tonnage composted, the origin of the yard waste and shall distinguish any yard waste that originates within the City from that originating at other locations. One copy of the annual report required to be submitted to the agency by the operator or owner shall be submitted to the City Council no later than thirty (30) days after the report is due to be submitted to the agency. Failure to submit this report constitutes grounds for revocation of the City yard waste composting facility license.
D. Landspreading Of Yard Waste:
1. License Required: Any person landspreading yard waste shall obtain a City yard waste composting license before beginning the process.
2. Location: Landspreading of yard waste shall be permitted only in those zones where a yard waste composting facility is allowable.
3. Receipt Of Waste: Yard waste shall be received at the application site in containerless bulk form and not in plastic or other bags or boxes. Vehicles delivering yard waste must be enclosed.
4. Ownership Of Waste: Ownership of the waste shall remain in the collector or transporter until the waste is inspected and accepted at the facility, at which time, ownership shall vest in the facility owner and operator.
5. Handling: Yard waste may not be delivered, transferred or stored within three hundred feet (300') of any dwelling except the dwelling of the landowner. Yard waste may not be stored within three hundred feet (300'), nor spread within one hundred feet (100'), of any wetland or floodplain.
6. Application Requirements: Yard waste may be applied within any twelve (12) month period at a rate not to exceed three inches (3") in depth or such lesser amount as may be necessary to allow complete incorporation.
7. Processing: Yard waste must be spread within three (3) days of receipt and incorporated within fifteen (15) days of receipt. Yard waste received after a one inch (1") deep ground freeze must be incorporated by the following May 15.
8. Vehicles: All vehicles delivering yard waste must be in compliance with the weight limits of the roads utilized.
9. Extraneous Materials: All extraneous materials must be removed within twenty four (24) hours.
10. Nuisance Conditions: The landspreading operation, including delivery, storage, spreading and incorporation, shall not generate off site nuisances of a greater amount or different type than is typically associated with farming. Such off site nuisances include, but are not limited to, dust, odor and wind blown debris or yard waste. The operation shall be free of litter and vermin.
11. Other Regulations: The landspreading shall be accomplished in accordance with the regulations and rules of all other agencies, organizations or entities having jurisdiction over such activity.
12. Suspension Of Activities: Landspreading activities shall be suspended if at any time it is determined that conditions exist constituting a fire hazard, or if there is a threat to surface water or groundwater from runoff or leachate. The City may inspect the site at any time without prior notice to ensure compliance with this chapter.
13. Rented Land: On rented or leased land, no landspreading shall take place without the permission of the landowners.
14. Reports: The operator of the landspreading facility shall report annually to the City. The report shall state the tonnage of yard waste delivered, the tonnage incorporated, the origin of the yard waste and shall distinguish any yard waste that originates within the City from that originating at other locations. Failure to submit this report constitutes grounds for revocation of the City yard waste composting facility license.
E. Agricultural Waste: No part of this chapter is intended to limit the incorporation into soil of agricultural waste originating on the property on which it is incorporated. That agricultural practice shall not be considered waste or yard waste composting and shall be allowable without any license or permit from the City. (Prior Code § 7-8-7; amd. Ord. 2020-07, 4-27-2020)