HomeMy Public PortalAbout444CITY OF MEDINA
ORDINANCE NO.444
AN ORDINANCE ADDING SECTION 503
PERTAINING TO SOLID WASTE MANAGEMENT
TO THE CODE OF ORDINANCES
AND DELETING SECTION 605 WASTE DISPOSAL
THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA ORDAINS AS
FOLLOWS:
Section I. The Medina code of ordinances is amended to add section 503 as follows:
Section 503.01. Purpose. The city council finds that it is in the best interests of the health and
safety of the residents of Medina to mandate that all residential and other generators of waste in
the city provide for disposal thereof as set forth in this section. Disposal of waste in accordance
with this section will help to ensure that waste is disposed of properly and promptly and will help
to avoid the potential health and safety risks to residents and persons in the city caused by
improper disposal or lack of disposal of waste.
Section 503.03 Definitions. The terms "construction debris", "hazardous waste", "mixed
municipal solid waste", "solid waste" and "yard waste" shall have the meanings given to them in
Minnesota Statutes, section 115A.03 and 116.06 unless the context clearly indicates to the
contrary.
Section 503.05 Solid Waste Storage and Disposal Requirements.
Subd. 1 Storage. a) No residential household shall store solid waste for more than 14
days. Each residential household is responsible for preventing the accumulation of solid
waste on property occupied by the household. On the designated day of pickup, all solid
waste must be set out in a designated container as described in subd. 2 of this section for
collection. Each household shall contain its solid waste in the designated container.
Each container shall be placed as instructed by the collector along the street, sidewalk, or
roadside for arranged collection.
b) Each commercial, industrial or institutional generator shall store solid waste for
no more than seven days, or for a shorter period when collection must be made at more
frequent intervals to protect the public health or at the direction of the city. Such storage
shall be in containers similar to those used by residential households, except that
dumpsters with closefitting covers may be substituted.
Subd. 2 Container Required. All solid waste shall be stored in containers which shall be
watertight and shall have tight -fitting lids. All containers shall be maintained in a clean and
sanitary manner. Any solid waste which by its size or bulk cannot be stored in a container shall
be secured to the ground in such a manner to prevent the scattering of the waste by animals or
wind.
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May 20, 2008
Subd. 3 Location of Container. Containers for solid waste shall be kept at or near the
back of the building, at the rear of the property, or in an enclosed area or garage. Containers
shall not be placed at the curb for more than 12 hours prior to collection and shall be removed
from the curb within 12 hours after collection.
Section 503.07 Yard Waste and Other Waste
Subd. 1 Storage of Yard Waste. Yard waste may be stored in biodegradable bags, and
tree limbs must be stored in watertight, metal or plastic containers of not less than five gallons
with tight -fitting covers or closeable plastic or paper bags. Tree limbs must be bundled weighing
no more than 60 pounds and no longer than four feet. The curb -side storage of these materials
shall be no longer than seven days prior to scheduled pick-up.
Subd. 2 Private Composting. The private composting of yard wastes and putrescible
food wastes is permitted if all of the following conditions are met:
a) The compost pile shall be screened from view of the public right of way and
adjacent properties;
b) The compost pile shall be managed so as to prevent the scattering of yard wastes
or other material;
c) The compost pile shall be managed in a manner to prevent odor, harborage of
animals, and the stockpiling of material which does not readily decompose within a
calendar year; and
d) Only the yard waste and putrescible food wastes which are produced on the
premises may be composted on that premise.
Subd. 3 Disposal of Other Waste. No person shall throw or place any solid waste,
hazardous waste, construction debris, recyclable material, yard waste or other debris in any ditch,
stream, river, or retention basin that regularly or periodically carries surface water runoff. Any
person who deposits any of the above shall remove it or cause it to be removed immediately.
Section 503.09. Collection and Removal of Solid Waste and Other Waste.
Subd. 1 Licensing Requirement. It is unlawful for any person to collect solid waste,
recyclables, or yard waste from residential, commercial, industrial or institutional properties in
the city without first securing the appropriate license from the city.
Subd. 2 Mandatory Organized Collection. In compliance with Minnesota Statutes,
section 115A.94, the city has an organized solid waste collection for single family properties and
residential buildings containing six or fewer units. Commercial, industrial and institutional
establishments must contract for solid waste collection services from a collector licensed by the
city.
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Subd. 3 Contracted Provisions. The city may enter into contracts for the collection of
recyclable materials, organics, or other wastes from residential households or other generators.
Subd. 4 Collection Provisions. The city may make such provisions for the regular
collection of solid waste as the city council may direct pursuant to the provisions of this
ordinance. Organized collection of solid waste shall be provided for all single-family residential
units, and for multi -family dwellings containing six units or fewer. All residential generators
included in the city's organized collection program shall collect and dispose of solid waste
according to the terms provided for by the city. It is unlawful for any residential household to
fail or refuse to subscribe to, receive and pay for the solid waste collection services of the
collector under contract with the city to provide such services.
Subd. 5 Disposal of Solid Waste by Other Generators. It shall be the responsibility of
generators of solid waste not covered by the city's organized collection to provide for the
removal of solid waste through a licensed hauler. No person shall deposit or allow the deposit of
solid waste from any source in any place other than a sanitary landfill or other county -designated
facility.
Subd. 6 Alternate Disposal. Residential households included within the city's system of
organized collection and other commercial, industrial and institutional generators required to
contract for removal of solid waste may be exempt from the requirement to enter into a contract
and pay for such services from the city's designated collector or other licensed collector only if
the generator can demonstrate that it has arranged for and will implement an environmentally
sound alternative form of disposal. Such alternative form of disposal must be in compliance with
all laws and regulations relating thereto but may not involve burying, burning, accumulation or
transportation of solid waste to a facility not licensed for receipt and processing of same.
Generators wishing to be allowed to pursue alternatives shall be required to demonstrate to the
satisfaction of the city administrator that they have such arrangements in place and that they are
permitted by law. Generators failing to demonstrate environmentally acceptable alternatives will
be required to contract and pay for organized collection or collection from a licensed collector.
Generators wishing to appeal a decision of the city administrator regarding alternative disposal
methods may do so within 30 days of notice of the city administrator's decision by giving written
notice to the city of the generator's appeal. The appeal shall be made to the city council and
shall be accompanied by such additional information as the generator believes will allow the city
council to determine whether the alternative disposal method proposed by the generator is
environmentally adequate and likely to be implemented. The council may condition its approval
of alternative disposal methods in such manner, including requiring the production of written
contracts or financial guarantees, as the council may determine to be needed to ensure
compliance with this section.
Section 503.11. Non -Compliance.
Subd. 1 Proper Disposal. No person shall deposit or allow the deposit of solid waste
from any source in any place other than a sanitary landfill or other county -designated facility.
The discarding of solid waste, construction debris, hazardous waste, yard waste or recyclable
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materials on any street, alley, drive, park, playground, or other public place or on any vacant lot
shall constitutes violation of this section whether it is discarded by the individual upon whose
premises the material originates or by some other person or collector, licensed or unlicensed.
Subd. 2 Failure to Dispose. It shall be unlawful for any person, firm, or corporation to
fail to dispose of solid waste or other waste which may be or which may accumulate upon
property owned or occupied by the generator in a sanitary manner.
Section 503.13. Enforcement. Violations of the provisions of this ordinance shall be a
misdemeanor. Every day shall constitute a separate offense. The city may also seek
enforcement of this ordinance through civil judicial remedy including injunction and mandamus.
Any costs incurred by the city in enforcing this provision, including reasonable attorneys' fees,
which remain unpaid may be assessed against the property in the same manner as are other
unpaid fees.
Section II. Section 605 Waste Disposal shall be deleted in its entirety.
Section III. This ordinance shall be effective upon its adoption and publication.
Adopted by the city council for the city of Medina this 20th day of May, 2018.
T. M. Crosby, Jr., . or
ATTEST:
Chad M. Adams, City Administrator -Clerk
Published in the South Crow River News this 23rd day of May, 2008.
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