§ 92.11 MUNICIPAL SOLID WASTE ABATEMENT PROGRAM.
   (A)   Definitions. The following words, terms and phrases, when used in this chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
      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.
      COMPOSTING. The controlled microbial degradation of source separated organic waste to yield a humus-like product or mulch to be used as a soil amendment.
      DAKOTA COUNTY WEBSITE. The website maintained and monitored by Dakota County, Minnesota, www.co.dakota.mn.us, or as may be updated, changed or renamed from time to time.
      DEPARTMENT. The department within Dakota County designated by the County Board to conduct solid waste regulatory activities, its staff, and designated agents.
      DESIGNATED LIST OF RECYCLABLES. A list of recyclable materials and types approved by the County Board and published on the Dakota County Website that represents the minimum haulers must accept and generators must recycle.
      FOOD WASTE. Vegetable, fruit and other organic waste resulting from the handling, preparing, cooking and consumption of food, except for meat, bones, whole eggs and dairy products.
      GARBAGE. Discarded material resulting from the handling, processing, storage, preparation, serving and consumption of food.
      LARGE EVENT WITH ORGANICS OR 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 back-of-house. Examples include but are not limited to concerts, fairs, festivals, community events, athletic tournaments, parades, etc.
      MIXED MUNICIPAL SOLID WASTE. 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, yard waste, 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 BUILDINGS. Any building with four or more residential units.
      NON-MIXED MUNICIPAL SOLID WASTE. Infectious waste, pathological waste, industrial waste and construction debris.
      ORGANICS. Food waste and the designated list of organics published on the Dakota County Website.
      RECYCLABLE MATERIALS. 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, batteries, etc. Refuse derived fuel or other material that is destroyed by incineration is not a recyclable material.
      SOLID WASTE ABATEMENT MESSAGING. The standardized solid waste abatement education messaging developed by the Department and published on the Dakota County Website.
      SOURCE SEPARATED. Organic waste that is separated from mixed municipal solid waste at the source by the waste generators for the purpose of composting in a container.
      TRASH. The same meaning as mixed municipal solid waste.
      YARD WASTE. Garden wastes, leaves, lawn cuttings, sawdust, weeds, non-woody shrub and tree prunings and twigs no larger than one-quarter inch diameter.
   (B)   Purpose. In response to Dakota County Ordinance 110, the City of West St. Paul has created this solid waste abatement section. This section is intended to reduce the amount of waste going into landfills, improve the quality of materials recycled to strengthen the market, and make progress towards the state's recycling goals.
   (C)   Reporting. The city shall submit a completed annual report to the department on a form prescribed by the department by February 15 of the following year.
   (D)   Solid waste abatement performance standards. The standards found in this section are intended to be consistent with and no less restrictive than the requirements found in Dakota County Ordinance 110, or as may be amended.
      (1)   Multi-unit residential buildings. Multi-unit residential buildings owners and managers who manage municipal solid waste through a common contract shall comply with the following requirements and regulations:
         (a)   Collect all recyclables designated on Dakota County's list of recyclables for recycling.
         (b)   Ensure all waste is delivered to a facility licensed or permitted to accept the waste, recyclables are delivered to a recycling facility, and organics are delivered for food recovery or to a composting facility or anaerobic digester.
         (c)   Provide recycling services to tenants.
         (d)   Provide recycling containers with a weekly service capacity of at least 0.1 cubic yards per dwelling unit.
         (e)   Provide a collection schedule and container capacity sufficient to contain all the recyclables collected and organics (if collected) from the building and public spaces in order to prevent overflowing containers.
         (f)   Provide containers in locations that include but are not limited to indoor and outdoor locations, public spaces, private spaces, and communal spaces.
         (g)   Co-locate trash collection containers or collection chutes within ten feet from a recycling container or recycling chute. Each container or chute must be equally accessible.
         (h)   Clearly label or mark all trash, recyclables, and organics collection containers to adhere to the standards found in Dakota County Ordinance 110, § 16.06 (A), or as amended.
         (i)   Provide solid waste abatement messaging in print or electronic form to each employee, tenant, multiunit resident, student, volunteer, and housekeeping and custodial contractors. Messaging must be documented and follow the solid waste abatement messaging published on the Dakota County website and occur:
            1.   At least annually.
            2.   Within 30 days of any substantive change to the property owner's waste program.
            3.   Within 30 days of a new employee's hire date or tenant's occupancy date.
         (j)   Submit a completed annual report to the city on a form prescribed by the department by January 31 of each year.
      (2)   Event sponsors and operators of large events with organics. Property owners, managers, and event sponsors for large event venues with organics shall comply with the requirements and regulations in divisions (D)(1)(a), (b), (e), (g), and (h) of this section.
   (E)   Enforcement. Violations of this chapter are a public nuisance and may be abated or enforced by the city in a manner consistent with Chapter 94 or § 10.99 or otherwise as permitted by law.
(Ord. 21-001, passed 1-11-2021)