Section
97.01 Purpose and intent
97.02 Definitions
97.03 License requirement
97.04 Limitation on number of licenses; collection required
97.05 License regulations, terms, and conditions
97.06 Revocation and denial
97.07 Vehicle standards
97.08 Disposal of waste
97.09 Collection practices
97.99 Penalty
An ordinance authorizing and providing standards and regulations for governing the collection, transportation, and disposal of all waste generated within the corporate limits of the city to promote the health, welfare, and safety of the public, and protect resources of water, air, and land pursuant to M.S. Chapter 115A, as amended.
(Ord. 1903, passed 6-25-19)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COLLECTOR. A person licensed by the city to collect, transport, and dispose of garbage and refuse. The term shall include the COLLECTOR'S duly authorized and acting employees and agents.
GARBAGE. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food, and from the handling, storage, and sale of produce, and discarded and useless material except recyclable materials.
GARBAGE AND REFUSE COLLECTION. The taking up and collecting of all garbage and refuse accumulated at all dwelling residences and places of business and other institutions in the city and the
transportation of such garbage and refuse to a sanitary landfill or other place of legal disposal provided by the collector at the sole expense of the collector.
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 included in this definition of MIXED MUNICIPAL SOLID WASTE if they are properly screened and meet applicable MPCA standards for heavy metal content.
REFUSE. Discarded waste materials in a solid or semi-liquid state consisting of garbage, rubbish, or a combination thereof.
WASTE CONTAINER. A container of galvanized iron, plastic, or non-corrodible material with a close fitting cover, rodent and flyproof, non-absorbent and leakproof, of the type commonly sold as a garbage can, of suitable gauge and construction to ensure durability, with suitable handles on can and lid, and of a capacity not less than ten gallons; but does not include recycling containers.
(Ord. 1903, passed 6-25-19)
No person, except as provided herein, shall remove mixed municipal solid waste from any premises in the city, transport such waste upon the streets and public highways within the city, dispose of such waste originating in the city, or contract to be engaged in any such removal, transportation, or disposal, without first having obtained a license therefor from the city.
(Ord. 1903, passed 6-25-19) Penalty, see § 97.99
In order to protect the environment, and the health, safety, and welfare of the residents, businesses, and institutions in the city:
(A) No more than three mixed municipal solid waste collection licenses and one recycling license issued to a party who has a contract with the city may be in force at one time, except that a collector with a 2019 mixed municipal solid waste collection license as of the date of this section may continue to receive a license provided that such collector submits an application for renewal annually and said collector's license is not revoked or its renewal application is not denied;
(B) If a currently issued license is not renewed or is revoked, a new license shall not be issued unless there are no more than two licenses in force at such time the new license is applied for; and
(C) Every owner, occupant, or tenant of any premises who does not otherwise dispose of mixed municipal solid waste generated from said premises in an environmentally sound, sanitary, and legal manner shall place all such mixed municipal solid waste in a waste container and contract with a licensed collector to collect and dispose of such mixed municipal solid waste from said premises.
(Ord. 1903, passed 6-25-19) Penalty, see § 97.99
(A) Application. Any person or party desiring a city license to conduct business as a collector shall, at least 14 regular business days before the applicant desires to begin conducting a mixed municipal solid waste collector business operation within the city, submit an application for a collector license. An application for a collector license shall be made on a form approved by the City Council and available from the office of the City Clerk. Any fraud, misrepresentation, or false statement on the application shall constitute a violation of this chapter and will be grounds for denial of the license application.
(B) Fee. Each application for a collector license under this chapter shall be accompanied by the fee established in the city licensing fee schedule ordinance as it may be amended from time to time by the City Council.
(C) Renewal and expiration. Each collector license issued by the city shall expire on December 31 of each year and may be renewable upon submission of a new application.
(D) Insurance. Applicants shall, in conjunction with the filing of an application, furnish the city with certificate of insurance by an insurance company authorized to do business in the state, establishing that the applicant carries and maintains the types and amounts of insurance described in divisions (1) through (4) below, and that the insurance policies comply with division (5) below.
(1) Commercial general liability insurance, with a limit of not less than $1,000,000 each occurrence. If such insurance contains an annual aggregate limit, the annual aggregate limit shall be not less than $2,000,000.
(2) Commercial automobile liability insurance with a limit of not less than $1,000,000 each occurrence. The insurance shall cover liability arising out of any auto, including owned, hired, and non-owned vehicles.
(3) Umbrella/excess liability insurance, with a limit of not less than $1,000,000 each occurrence.
(4) Workers compensation insurance (statutory limits) or evidence of exemption from state law.
(5) The city shall be endorsed as an additional insured on the general liability, auto liability, and umbrella/excess liability policies. The insurance coverage must be primary and non-contributory. A certificate must be on file with the city at all times while a licensee operates as a collector in the city.
(E) License transferability. Collector licenses may be transferable if the proposed transferee complies with the application and other requirements of this chapter.
(F) No vested right. No collector holding a collector license shall acquire a vested right of any kind in that license. The city may, if it determines it to be in the public interest, establish other means of refuse collection or decrease the number of collector licenses to be issued.
(Ord. 1903, passed 6-25-19) Penalty, see § 97.99
(A) A license issued pursuant to this chapter may be revoked by the City Council for any of the following.
(1) Conviction. The conviction of any crime of the licensee or its owners for the violation of the requirements of this chapter or the laws of the state regarding public health.
(2) Fraud. Commission of fraud or misrepresentation with regard to the application for a collector license, or with regard to the carrying on of the licensed activity.
(3) Conduct. Conducting such licensed activity in such manner as to constitute a breach of the peace, or a menace to the health, safety, and welfare of the public, or a disturbance of the peace or comfort of the residents of the city, upon recommendation of the city health authorities or other appropriate city official.
(4) Insurance. Expiration or cancellation of any required bond or insurance, or failure to notify the city within a reasonable time of changes in the licensee's terms of its insurance or its insurance carriers.
(5) Performance. Actions of the licensee that the city finds to be in violation of this chapter or other applicable city ordinances or beyond the scope of the license granted.
(6) Compliance. Three verified violations by a licensee of the conditions and requirements of this chapter, within a two-year period.
(B) Revocation. Revocation of a collector license shall be preceded by a public hearing conducted before the City Council. The City Council may appoint a hearing examiner or may conduct the hearing itself. The hearing notice shall be given to the licensee at least ten days prior to the hearing, shall include notice of the time and place of the hearing, and shall state the nature of the reasons for the revocation of the collector license. The licensee shall have an opportunity to appear at the hearing in person, by agent, or by attorney, and present evidence relative to the matter under consideration. Notice shall be provided to the licensee by mail.
(Ord. 1903, passed 6-25-19) Penalty, see § 97.99
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