ORDINANCE NO. 2021-02
AN ORDINANCE AMENDING TITLE 5, CHAPTERS 1 AND 4 REGARDING SOLID WASTE AND COMPOSTING
 
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS AS FOLLOWS:
 
Section 1.  Title 5, Chapter 1, Section 5-1-1 of the Rosemount City Code is amended as follows:
 
5-1-1: DEFINITIONS:
 
BACK-OF-HOUSE: The kitchen, food preparation, dishwashing, and storage areas of a commercial generator or large event venue with organics that are not accessed by customers or the public.
 
CLEAN WOOD: Wood that has not been treated, coated, or glued (plywood, oriented strand board, etc.), including yard waste.
 
COMMERCIAL or COMMERCIAL GENERATOR: An entity that is not a residential source generator.
 
COMPOSTING: Controlled microbial degradation of source separated organic waste to yield a humus like product or mulch to be used as a soil amendment.The controlled biological decomposition and management of selected solid waste to produce an innocuous, humus-like material, which can be used as a soil conditioner.
 
COMPOSTABLE MATERIAL: Any material that is primarily organic and can be decomposed through biological activity.  Compostable plastics or lined papers must meet ASTM D6400 and ASTM D6868, respectively, as certified by the Biodegradable Product Institute or other similar independent certification bodies.
 
CONSTRUCTION DEBRIS: Waste building materials, packaging and rubble resulting from construction, remodeling, and repair.
 
DESIGNATED LIST OF CONTAMINANTS: A list of contaminants approved by the Dakota County Board of Commissioners and published on the Dakota County Website.
 
DESIGNATED LIST OF ORGANICS: A list of organic material types suitable for commercial composting approved by the Dakota County Board of Commissioners and published on the Dakota County website.
 
DESIGNATED LIST OF RECYCLABLES: A list of recyclable materials types approved by the Dakota County Board of Commissioners and published on the Dakota County website that represents the minimum haulers must accept and generators must recycle.  Generators, facilities and haulers will have six months to implement any changes after it is published.
 
DURABLE COMPOSTABLE BAG: A bag used to co-collect organics with mixed municipal solid waste for the purposes of separating the organics for composting or anaerobic digestion. The durable compostable bags must meet ASTM standards D6400 or D6868 and be sufficiently durable to contain the organics through the collection and separation process.
ENCLOSURE: The required area for storage of waste containers between the times of scheduled collection. This area must conform to the requirements of subsection 5-1-3A3 5-1-3(A)(3) of this chapter.
 
FINAL DISPOSAL: Discharge, deposit, injection, uncontrolled dumping, spilling, leaking, or placing of any solid waste or any constituent thereof that may enter the environment or be emitted into the air or discharged into any waters, including ground waters.
 
GARBAGE: Discarded material resulting from the handling, processing, storage, preparation, serving and consumption of food.
 
GENERATE: The act or process of producing solid waste, including the production or aggregation of waste occurring at an intermediate disposal facility.
 
GENERATOR: Any person whose actions or process(es) produce solid waste.
 
HAULER: Any person, other than an individual resident hauling his or her own household waste, who collects or transports any solid waste.
 
HAZARDOUS WASTE: Any refuse, sludge, spent solutions or other waste material or combinations of refuse, sludge, spent solutions or other waste materials in solid, semi-solid, liquid or contained gaseous form which, because of its quantity, concentrations, or chemical, 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 by-product material as defined by the Atomic Energy Act of 1954, as amended.
 
INDUSTRIAL WASTE: All solid waste generated from an industrial or manufacturing process, and solid waste generated from non-manufacturing activities such as service and commercial establishments and chemical and debris contaminated soil from spills; property clean up, and development activities. Industrial waste does not include office materials, restaurant and food preparation waste, discarded machinery, demolition waste, or household waste.
 
INFECTIOUS WASTE: Solid waste that has the meaning given to it in Minnesota Statutes, Section 116.76.  Infectious waste includes laboratory waste, blood, regulated body fluids, sharps, and research animal wastes that have not been decontaminated.
 
LARGE EVENT VENUE WITH ORGANICS: A public gathering of at least 300 people that generates at least one ton of municipal solid waste or contracts for eight cubic yards or more per location and generates organics in the back-of-house. Examples include but are not limited to: concerts, fairs, festivals, community events, athletic tournaments, and parades.
 
LARGE COMMERCIAL ORGANICS GENERATOR: The following commercial generator classifications that generate one ton or more of municipal solid waste per week or contract for eight cubic yards or more per week per location, and generates organics in the back-of-house: restaurants; grocery stores; food wholesalers, distributors and manufacturers; hotels; hospitals; sports venues; event centers; caterers; nursing and residential care facilities; office buildings with dining services; farmers markets; food shelves and food banks; schools, colleges, and universities with dining services; shopping centers; airports; golf clubs and country clubs; and public/rental kitchens or shared-use commercial kitchens; and other businesses identified by Dakota County as a large commercial organics generator.
 
MIXED MUNICIPAL SOLID WASTE, MUNICIPAL SOLID WASTE, or TRASH: Garbage, refuse, and other solid waste from residential, commercial, industrial, and community activities that the generator of the waste aggregates for collection but does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural wastes, tires, lead-acid batteries, motor or vehicle fluids and filters, and other materials collected, processed, and disposed of as separate waste streams.
 
MULTI-UNIT RESIDENTIAL BUILDING: Any building with four or more residential units.
 
MUNICIPALITY: Any incorporated city or township within the boundaries of Dakota County, Minnesota, or a combination thereof that are included in an agreement for purposes of solid waste management.
 
OPERATOR: The person(s) responsible for managing the day-to-day physical handling of solid waste at a particular site or facility. 
 
ORGANIC MATERIAL or ORGANICS: Food waste and the designated list of organics published on the Dakota County Website.
 
PERSON: Any human being, any municipality or other governmental or political subdivision, or other public agency, any public or private corporation, any partnership, firm, association, or other organization, any receiver, trustee, assignee, agent, or other legal representative of any of the foregoing, or any other legal entity.
 
PROCESSING: When referring to solid waste, means the treatment of solid waste after collection and before final disposal, and includes all activities after the time the waste is delivered to a processing facility.  Processing includes, but is not limited to: storage; reduction; containment; separation; exchange; resource recovery; physical, chemical, or biological modification; and subsequent transfer from one solid waste facility to another. The storage of solid waste, in and of itself, does not constitute the treatment of waste necessary to meet this definition.

RECYCLABLE MATERIALS or RECYCLABLES: Any material such as paper, glass, plastic, and certain metals which are routinely collected and processed for recycling, and which are stored until the time of scheduled collection. Materials that are suitable for separating from solid waste for the purpose of recycling including, but not limited to, paper, glass, plastics, metals, automobile oil, and batteries.  Refuse derived fuel or other material that is destroyed by incineration is not a recyclable material.
 
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 material in a manner that precludes further use.
 
REFUSE: Something rejected or discarded as worthless or useless.
 
RESIDENTIAL or RESIDENTIAL SOURCE: Any source from a residential building.
 
RESIDENTIAL BUILDING: A single family home or a building with residential units.
 
RESIDENTIAL RECYCLING: A program targeted for collection of recyclable materials from a residential building.
 
RESIDENTIAL HAULER: Any waste hauler making regularly scheduled collections of solid waste or recyclables from single- and multi-family residences.
 
RESOURCE RECOVERY: The reclamation for sale, use, or reuse of materials, substances, energy, or other products contained within or derived from waste, including, but not limited to energy recovery, processing, and composting facilities.
 
SINGLE SORT RECYCLING: A system of collecting recyclable materials from the same container without requiring the materials to be sorted or separated.

SOLID WASTE: Any non-recyclable material produced by any residential, commercial, institutional or industrial use. Garbage, refuse, sludge from a water supply treatment plant or air containment treatment facility, and other discarded waste materials and sludges, 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 waste water effluents or discharges which are point sources subject to permits under section 402 of the federal Water Pollution Control Act, as amended, dissolved materials in irrigation return flows, or source, special nuclear, or by-product material as defined by The Atomic Energy Act of 1954, as amended.
 
SOLID WASTE ABATEMENT or SOLID WASTE ABATEMENT PROGRAM: A program for reducing, reusing, and recycling solid waste.
SOLID WASTE ABATEMENT MESSAGING: The standardized solid waste abatement education messaging developed by Dakota County and published on the Dakota County Website.
 
SOURCE SEPARATION: The process whereby generators separate, from mixed municipal solid waste, materials that will be reused, recycled, used as substitutes for raw material in a manufacturing process, or converted into a usable soil amendment.
 
STREET SWEEPINGS: Materials removed from streets, sidewalks, parking lots, and roadways during routine cleaning by a sweeping operation consisting of sand, sealcoat, tree waste and debris.  Street sweepings do not include any material originating from an industrial spill or contaminated area.
 
WASTE CONTAINER: Any container designed and used to contain or store solid waste and recyclables.

YARD WASTE: Any waste normally generated in the maintenance of yards and property, such as garden waste, leaves, lawn cuttings, sawdust, weeds, non-woody shrub, and tree prunings and twigs no larger than one-fourth inch (1/4) diameter.  Garden wastes, leaves, lawn cuttings, weeds, shrub and tree waste, and prunings generated at residential, commercial, or public properties.
 
Section 2.  Title 5, Chapter 1, Section 5-1-2 of the Rosemount City Code is amended as follows:
 
5-1-2: DISPOSAL REQUIRED:GENERAL PROVISIONS AND MUNICIPAL SOLID WASTE ABATEMENT PROGRAM:
 
It shall be unlawful for any resident, tenant, property owner, or business owner to fail to dispose of solid waste, recyclables, and yard waste in a sanitary manner at least once each week.
 
Exceptions:
 
Single Sort Recycling: Single sort recyclable containers, with securely closing lids, shall be allowed biweekly collection.
Composting: Every householder or owner, occupant, or tenant of any premises who composts shall do so in an environmentally sound manner and shall meet the standards set forth in Chapter 4 of this title.
 
Intent:  It is the intent of this Section to be consistent and no less restrictive than the Dakota County Solid Waste Master Plan and the same or similar provisions provided by Section 3.01 and Sections 16.01 through 16.06 of the Dakota County Ordinance No. 110 on Solid Waste Management, as may be amended.
 
General Disposal Requirements:
 
Collection Required: It shall be unlawful for any property owner, business owner, manager, resident, or tenant to fail to dispose of solid waste, recyclables, and yard waste in a sanitary manner at least weekly, with the following exceptions:
 
Residential Recycling: Recyclable materials from residential sources where each household has its own recycling container for collection shall be collected by a licensed residential hauler no less frequently than every-other-week;
 
Composting: Compostable materials may be composted if such composting meets the standards set forth in Chapter 4 of this title and the Dakota County Ordinance No. 110 on Solid Waste Management; and
 
Any other exception provided in this Chapter or the Dakota County Ordinance No. 110 on Solid Waste Management.
 
Compliance with County Ordinance: All property owners, business owners, managers, residents, and tenants shall otherwise comply with the generator requirements listed at Section 3.01 of the Dakota County Ordinance No. 110 on Solid Waste Management.
 
Multi-Unit Residential Buildings: Property owners of multi-unit residential buildings shall comply with the requirements of Section 16.03(A)(1)-(4) of the Dakota County Ordinance No. 110 on Solid Waste Management, as may be amended, which are hereby adopted by reference and made part of this Chapter.
 
Trash, Recycling, and Organics Requirements for Large Event Venues: Event sponsors, owners, and operators of large event venues shall comply with the trash, recycling, and organics requirements of Section 16.05 of the Dakota County Ordinance No. 110 on Solid Waste Management, as may be amended, which are hereby adopted by reference and made part of this Chapter
 
Labeling: Property owners and managers shall comply with the labeling requirements of Section 16.06 of the Dakota County Ordinance No. 110 on Solid Waste Management, as may be amended, which are hereby adopted by reference and made part of this Chapter.
 
Section 3.  Title 5, Chapter 1, Section 5-1-3 of the Rosemount City Code is amended as follows:
 
5-1-3: CONTAINER REQUIREMENTS:
 
Use Required, Description:
 
Tightly Closed Containers: All solid waste and recyclables accumulating between the times of collection shall be placed in tightly closed containers specifically designed for such purpose.
 
Exceptions:
 
The recyclable container provided through the city may be used to store and place recyclables at the curb for collection.
1. All composting must occur in a container constructed of wood, wire mesh, concrete block, or a combination thereof, or in a commercially available compost bin designated for composting organic waste.
2. Yard waste may be composted or placed in bags designed for such purposes.
 
Section 4.  Title 5, Chapter 1, Section 5-1-5 of the Rosemount City Code is amended as follows:
 
5-1-5: COLLECTOR REGULATIONS:
 
. . .
 
H.  Limitations On Licensing: The city council, in the interest of maintaining healthful and sanitary conditions in the city, hereby reserves the right to specify and assign certain areas to all licensees, and to limit the number of licenses issued. The council finds that by reducing the number of collection vehicle trips through a neighborhood, the neighborhood will be more safe for children and pedestrians, the amount of wear on the street surface will be reduced, and the total amount of emissions produced by the collection vehicles will decrease. Only haulers licensed as of the effective date hereof will be allowed to renew their license. When a hauler leaves the industry or merges with another hauler, the total number of residential hauling licenses available in Rosemount will automatically be reduced.  Only haulers licensed as of the effective date of this ordinance shall be allowed to renew their license.  Only haulers currently holding a residential collection license as of the effective date of this ordinance shall be allowed to make residential collection.
 
Section 5.  Title 5, Chapter 1, Section 5-1-7 of the Rosemount City Code is amended as follows:
 
Frequency Of Collection: Each licensed collector shall make collections at least weekly or more often if necessary in that portion of the city in which he is licensed to collect solid waste or yard waste.
 
Exception: Single Sort Recycling shall be allowed biweekly collection.
 
Section 6.  Title 5, Chapter 1, Section 5-1-7 of the Rosemount City Code is amended as follows:
 
D.  Collector Requirements: Each licensed collector shall comply with the following:
 
Recyclable Materials: Make recycling available to all commercial and residential customers, withavailable weekly (or biweekly for single sort recycling)at least bi-weekly curbside collection of recyclable materials made available to all residential customers. The city council may designate by resolution specific materials for which collection must be available.  Recyclable materials shall consist of those on the designated list of recyclables.  Collection of recyclable materials from such aresidential customers shall be made at the same time, at the same location, and with the same frequency as collection of solid waste from that customer. No fee may be charged to a customer for this service.
 
Section 7.  Title 5, Chapter 4, Section 5-4-2 of the Rosemount City Code is amended as follows:
 
5-4-2: DEFINITIONS:
 
COMPOSTING: Controlled microbial degradation of source separated organic waste to yield a humus-like product or mulch to be used as a soil amendment.  The controlled biological decomposition and management of selected solid waste to produce an innocuous, humus-like material, which can be used as a soil conditioner.
 
FOOD WASTE: Vegetable, fruit and other organic waste resulting from the handling, preparation, cooking and consumption of food, except for meat, bones, whole eggs and dairy products.
 
MIXED MUNICIPAL SOLID WASTE: Garbage, refuse and other solid waste from residential, commercial and community activities that the generator of the waste aggregates for collection.Garbage, refuse, and other solid waste from residential, commercial, industrial, and community activities that the generator of the waste aggregates for collection but does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural wastes, tires, lead-acid batteries, motor or vehicle fluids and filters, and other materials collected, processed, and disposed of as separate waste streams.
 
ORGANIC WASTE, ORGANIC MATERIAL, or ORGANICS: Yard waste and food waste. It also includes community available compost ingredients.  Food waste and the designated list of organics published on the Dakota County Website.
 
SOURCE SEPARATED or SOURCE SEPARATION: Organic waste that is separated from mixed municipal solid waste at the source by the waste generators for composting in a container. The process whereby generators separate, from mixed municipal solid waste, materials that will be reused, recycled, used as substitutes for raw material in a manufacturing process, or converted into a usable soil amendment.
 
YARD WASTE: Garden wastes, leaves, lawn cuttings, sawdust, weeds, nonwoody shrub and tree prunings and twigs no larger than one- fourth inch (1/4") diameter shrub and tree waste, and prunings generated at residential, commercial, or public properties.
 
Section 8.  This ordinance shall be effective following its passage and publication.
 
Adopted this ___ day of _______________, 2020, by the City Council of the City of Rosemount.
 
                        ___________________________
                        William H. Droste, Mayor
 
ATTEST:
 
___________________________
Erin Fasbender, City Clerk