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HomeMy WebLinkAbout2529-17 - ADMIN Ordinance - City Council - 2017/12/18ORDINANCE NO. 2529-17 ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO SOLID WASTE MANAGEMENT THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. The St. Louis Park Solid Waste Management Code (Chapter 22) is_hereby amended by deleting the current language in its entirety and replacing it with underscored language. Chapter 22 SOLID WASTE MANAGEMENT* Article I. In General Sec. 22-1. Short title. See. 22-2. Purpose and intent. Sec. 22-3. Definitions. Sec. 22-4. Collection and transportation of solid waste within the city. Sec. 22-5. Disposal proMbitions. Sec. 22-6. Enforcement. Sec. 22-7--22-10 Reserved. Article II. Single -Family Residential Curbside Collection Program Division 1. Generally Sec. 22-11. Purpose. Sec. 22-12. Collection supervised by director of operations and recreation. Sec. 22-13. Ownership of solid waste materials. See. 22-14. City- rovided_carts. Sec. 22-15. Solid waste container storage Sec. 22-16. Solid waste collection point requirements. Sec. 22-17. Carts and container maintenance requirements. Sec. 22-18. Unauthorized collection. Sec. 22-19. Solid waste service rates. Division 2..G See. 22-20. Purpose. Sec. 22-21. Garbage collection requirements. Sec. 22-22. Frequency and times of collection. Division 3. Recycling See. 22-23. Pu pose. Sec. 22-24. Designation of items. Sec. 22-25. Recycling collection requirements. Ordinance No. 2529-17 -2- Sec. 22-26. Frequency and times of collection. Division 4. Organics Recycling Sec. 22-27. Purpose. See. 22-28. Designation of items. Sec. 22-29. Or anics recycling collection. Sec. 22-30. Frequency and times of collection. Division 5. Yard Waste See. 22-31. PpjTose. Sec. 22-32. Designation of items. Sec. 22-33. Yard waste collection. Sec. 22-34. Frequency and times of collection. ARTICLE III. Multi -family Recycling Sec. 22-35. Purpose. Sec, 22-36. Recyclable materials collected. Sec. 22-37. Recyclable materials collection point. Sec. 22-38. Service capacity and frequency of collection. Sec. 22-39. City -contracted collection. Sec. 22-40. Education and reporting. See. 22-41. Disposal. ARTICLE IV. Commercial Recycling Division 1. Existing Commercial Buildings See. 22-42. Purpose. Sec. 22-43. Applicable buildings. Sec. 22-44. Recyclable materials collected. Sec. 22-45. Recyclable materials collection point. Sec. 22-46. Separation of recyclable materials. Division 2. New or Expanded Commercial Buildings See. 22-47..... Purpose. See. 22-48. Applicable buildings. See. 22-49. Recyclable materials collected. Sec. 22-50. Recyclable materials collection point. Sec. 22-51. Organic materials collection point. Sec. 22-52. Service capacity. Sec. 22-53. Separation of recyclable materials and organic materials. Division 3. All Commercial Buildings Sec. 22-54. Frequency of collection. Sec. 22-55. Education and reporting Ordinance No. 2529-17 -3- See. 22-56. Disposal. ARTICLE V. Backyard Compost See. 22-57. Permits. Sec. 22-58. Duties of owner, occupant or tenant. Sec. 22-59. Conditions of cornposting. See. 22-60. Nuisance. ARTICLE V. Bulk Material Containers Sec. 22-61. Purpose. See. 22-62. Regulations. *Cross reference(s)--Buildings and building regulations, Ch. 6• businesses and licenses Ch. 8 environment and public health Ch. 12• snow and rubbish removal 24-341 et se .• utilities Ch. 32. State law reference(s) --Waste management gencrallL M.S.A. Ch. 115A• hazardous waste M.S.A § 116.06 subd. ll;..authority to regulate solid waste disposal, M.S.A. § 412.221 subd. 22; recycling space, M.S.A. ' 1303.1500. Ordinance No. 2529-17 -4- ARTICLE I. IN GENERAL, See. 22-1. Short title. This Chapter shall be known and mqy be cited as the Solid Waste Ordinance of the city, and will be refeiTed to as "this Chapter." (C_o_de_ 1976, § 9-301; Ord. No. 2249-03, § 1, 9-2-2003) See. 22-2. Purpose and intent. The purpose and intent of this Ordinance is to: (a) Ensure that the organized collection program is conducted in an orderly fashion to avoid adverse effects on public health, welfare, safety and the environment. (b) Promote the health, safety, and general welfare of the citizens of St. Louis Park, and enhance and preserve the quality and value of resources by the proper management of solid waste. (c) Aid and promote the processingof f recyclable materials and organic materials by means other than deposit in a landfill or by incineration at a waste -to -energy facility. (d) Encow age and improve opportunities for waste reduction, reuse, recyclin , and organics recycling, See. 22-3. 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 yard means the area between a line created by extending the rear face of the principal building and the rear lot line. Bulk material container means any four-sided industry standard container including but not limited to a dumpster, tub, pod, or soft -sided dumpster bag that is used for the collection, storage or transport of large volumes of construction demolition debris or solid waste. Bulk waste means large household items that are too large to fit in e - rovided garlbage carts. Cart means city=provided carts with hinged lids and wheels that are provided to residents for the collection of solid waste. City means the City of St. Louis Park. Collection means the aggegation of material from the place at which it is generated and includes all activities up to the time the material is delivered to a licensed facility. Collection point means a location designated for the collection of solid waste. Commercial building means any building, or portion of a building, containing one or more commercial establishment, that is subject to the requirements of the building and fire codes approved for an occupancy use other than residential occupancy. . Commercial establishment means a commercial or industrial enterprise of any kind, and includes clubs, schools, places of worship or assembly, and nonprofit organizations. Compost is the product resulting from composting, Ordinance No. 2529-17 -5- Composting is the controlled biological decomposition of organic materials. It is an aerobic method of speeding natural decomposition. Construction demolition debris means aLty waste building materials packaging and rubble resulting from the construction, repair and demolition of buildings. D vellitZg unit means one or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate toilets and facilities for cooldn and sleeping Electronics means com etersincludin tablet com eters and la to s eri Nerals rinters facsimile machines, DVD players, video cassette recorders, video display devices, and other devices as_required under the Minnesota Electronics Recycling Act. Garbage means the portion of solid waste that is not separated at the source by the generator for the purpose of reuse, recycling or organics recycling. Garbage hold means a temporary suspension of all solid waste sei vices for an extended period of time, at minimum four consecutive weeks. Hauler means a licensed solid waste collector hired by the ci to collect solid waste through the orgam collection pro rgam Hazardous waste means any waste material in any form which because of its quantity, concentration or characteristics may cause or significantly contribute to an increase in mortality or an increase in serious illness or 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. Incinerator means a permitted facility used for the destruction of solid waste by fire. Licensed food establishment means a food establishment_ with a Hennepin County license in one of the followimz categories: "Medium Food Small Menu,"... "High food — Small Facilft " or "High Food — Large Facility." Licensed solid waste collector means any person holding a valid license from the city who shall offer to or engage in the collection of solid waste in the city. Ma ora liances means clothes washers and ers dishwashers hot water heaters heat pumps furnaces garbage disposals, trash compactors, conventional and microwave ovens ran es and stoves air conditioners, dehumidifiers, refi7gerators, and freezers. Multi -family residential buildiM means any residential building consisting of five or more dwelling Organic materials means the portion of solid waste that is separated at the source by the generator for the purpose of food to animals, composting, or anaerobic digestion, and may include food scraps plant materials, compostable paper, and compostable products that have been tested and verified to meet the standards in ASTM D6400 or ASTM D6868. Ordinance No. 2529-17 -6- Or aniaed collection program means an authorized program for the collection of solid waste from single-family residential buildings in the city, and which is contracted for instituted by, and coordinated by the city. Recyclable materials means the portion of solid waste that is separated at the source by the generator for the pMose of recycling, and is comprised of materials deemed recyclable by a local materials recovery facility or Hennepin County and city solid waste staff in collaboration with local materials recovery facilities. Residential building means a building, or any portion of a building, consisting of one or more dwelling units. Responsible. paqv means the owner, or their designee, of a commercial or multi -family buildin or complex. Service capacity is the total volume of service contracted for on a weekly basis from a licensed solid waste collectors for the collection of garbage, recyclable materials or organic materials. Single-family residential building means any residential building consisting of four or fewer separate dwelling units. Solid waste means garbage, recyclable materials, organic materials, yard waste, appliances, bulk waste and other solid waste from residential or commercial build in s and activities thereof, that the generator of the material agpyegates for collection but does not include construction demolition debris hazardous waste dirt rocks sod or sewaize sludge. State means the State of Minnesota. Video display device means a television or computer monitor that contains a cathode-ray tube or a flat panel screen, but does not include a video display device that is part of a motor vehicle, larger rete of equipment, or household appliance. Yard waste means compostable plant material including grass clippings, leaves, weeds, garden Wants. and brush and branches under four inches in diameter and four feet in lenffth. See. 22-4. Collection and transportation of solid waste within the city. (a) AU person or party engaging in the business of solid waste collection within the city must first obtain a solid waste collector's license from the city. Such collection shall be done in compliance with all applicable ordinances of the city. (b) The owner or occupant of any premises at which solid waste has accumulatedpersons who desire to dispose of solid waste not collected by the city. and solid waste collectors from outside of the city who desire to haul over the streets of the city, shall: (1) Use a vehicle provided with a tight cover and so operated and maintained as to prevent offensive odors esca in therefrom and solid waste fiom being blown dropped or spilled from the vehicle. (2) Keep receptacles on vehicles and all equipment used in the performance of the work in a clean, sanitary condition and as free from offensive odors as possible. (3) Not be allowed to stand in any street, alley or other place longer than is reasonably necessary to collect solid waste. Ordinance No. 2529-17 -7- (4) Comply with ordinances of the city and laws or regulations of the state relating to sanitation and collection of solid waste. (c) This Chapter does not prohibit the following activities: (1) The owner or occupant ofany premises at which solid waste has accumulated from giving away, selling or otherwise.disposing of such solid waste in accordance with the provisions of this Chapter and with any other applicable law or ordinances (2) Licensed solid waste collectors from collecting solid waste from commercial or multi- family buildings within the city. (3) Licensed solid waste collectors from outside the city from hauling such solid waste over cjty streetsprovided that such collectors coMply complywith the pyovisions of this section and with any other applicable ordinances of the city or state laws. Sec. 22-5. Disposal prohibitions. (a) Solid waste or any other materials may not be disposed of by the following means: (1) Private incineration. No solid waste, construction demolition debris or hazardous waste shall be disposed of by burning excc tin an incinerator of an qpproved.jype as regulated and permitted by the state. (2) Dum in . No solid waste construction demolition debris hazardous waste dirt rocks or sod shall be disposed of by dumping or disposal at or on any place within the city. (3) Scattering o solid waste or littering. No person shall casts ill placc,sweep or deposit anywhere within the city any solid waste, construction demolition debris or hazardous waste in such a manner that it ma be carried or deposited by the elements a on an street sidewalk alley, sewer,parkway or other public place, or into pny other premises within the city. (Code 1976, § 9-308; Ord. No. 2249-03, § 1, 9-2-2003) (b) The following materials require special disposal methods and made deposited through regular solid waste collection: (1) Ma"ora liances automobile or track tires video dis la devices. In accordance with state law, these items mgy not be disposed and must be properly recycled. (2) Hazardous waste materials. Hazardous waste materials shall be properly discarded as directed by the city, Hennepin County, or the state. i. Explosive or hip hl amenable materials. Explosive or highly flammable material shall be disposed of as directed by the fire chief at the expense of the owner or possessor. (3) Infectious disease materials. Materials such as but not limited to beddin wearing apparel or utensils from residential or commercial buildings where highly infectious or contagious diseases are present shall be disposed of as directed by the Minnesota Department of Health at the expense of the owner or possessor. See. 22-6. Enforcement. (a) When a violation of this Cha ter has occurred the resident or responsible party shall be subject to Sections 1-13 or 1-14 of the City Code. (b) Any person aggrieved by a regulation of, or fee charged by the city shall have the right of anneal to the city council which shall have the authority to confirm, modify or revoke any such regulation or fee. See. 22-7--22-10 Reserved. Ordinance No. 2529-17 -S- ARTICLE II. SINGLE-FAMILY RESIDENTIAL CURBSIDE COLLECTION PROGRAM DIVISION 1. GENERALLY Sec. 22-11. Purpose. This Article is designed to ensure that the organized collection „program is conducted in an orderly fashion to avoid adverse effects on public health,_ welfare, safety and the environment. Sec. 22-12. Collection supervised by director of operations and recreation. All solid waste collected, conveyed and disposed of by the city shall be „under the supervision of the director of operations and recreation or their desigLiee. The director, or their desigDge, shall have the authority to make regulations concerning the da s of collection type and location of collection containers, and such other matters pertaining to the collection., conveyance and disposal as the director shall find necessary, and to change and modift�gulations in accordance with the provisions of this Article and contract between the city and its hauler(s). Sec. 22-13. Ownership of solid waste materials. Ownership of solid waste materials placed out for collection remains with the individuals or household from which the materials originated until collected by the hauler at which point_they become the responsibility and property of the hauler. Materials not prepared cleaned or stored according to city specifications will not be collected and shall remain the responsibility and property of the individuals or household fiom which the materials originated. Sec. 22-14. City -provided carts. Carts for residential collection under the city's contract will be provided by the city. City -provided carts are owned by the city_ and shall remain the property of the city_ City -provided carts shall not _ _ be marked or modified in any way. Sec. 22-15. Solid waste container storage. Except when placed out for collection on the designated collection day, city -provided carts and resident -awned and waste containers shall be stored inside a building or outside on the propelty, If stored outside carts must be: (a) At least four (4) feet from any interior lot lines that are adjacent to a habitable building; (b) Located behind the extended building line adjacent to any street; (c) Placed in such a manner to prevent them fiom being overturned. Carts and yard waste containers may be stored in the alley right-of-way immediately adjacent to and abutting a garage if no portion of the cart extends into the alley itself. Carts and yard waste containers shall never be stored in the alley itself. Sec. 22-16. Solid waste collection point requirements. Ordinance No. 2529-17 -9- Collection of solid waste through the city's orgam collcction ro am will occur at curb and alley locations. (a) Cart placement - City -provided carts and resident -owned yard waste containers or bags shall be placed for collection on the premises at ground level and accessible from the street or alley -fi-om which collection is made. Carts shall not be placed in the street or alley or on qpy sidewalk. (1) Carts should be placed in such a manner to pLevent them from being overturned. (2) In winter months carts May not be placed on top of snowbanks. Residents must clear a space of snow for their carts to be safely collected as close to gound level as possible. Sec. 22-17. Carts and container maintenance requirements. Residents shall keep all carts and containers in a clean and sanitary condition so as to revent the cart and containers or contents thereof from becoming a nuisance that may breed insects or attract_ vermin. The ci!y does not replace serviceable carts due to odor or unclean conditions. No cart or container shall have ra ed or shed es or an other defect liable to ham er or injure the person collecting the contents. City -provided carts that become damaged shall be reported to the city by the resident and shall be repaired or replaced with a serviceable cart by the city. Resident -owned yard waste containers not complying with the requirements of this section shall be promptly repaired or replaced by the resident upon notice by the city. Sec. 22-15. Unauthorized collection. No person or entity other than one expressly authorized by the city council shall take or collect solid waste set out for collection through the cit 's organized collection program. Sec. 22-19. Solid waste service rates. Solid waste service rates include the garbage, recycling, organics recycling, and ,yard waste collectionrovided to single-family residential buildings within the city. (a) Solid waste service rates shall be set by city council resolution annuall . Rates will be set based on a a -as- ou-throw model with the volume of garbage service determining the total rate. (b) Each residential customer will be charged a solid waste service chargee regardless of whether.they utilize the service. Customers who apply fora garbage hold or opt -out of service allowance and are approved by the city, shall receive a ternporary suspension of all solid waste services and charges (c) Solid waste charges are included as part of customer utility bills and will be sent_ to customers via mail or electronic billing for_ each billing period. The proceeds from collection of these bills shall be placed in a separate solid waste fund. (d) All charges for solid waste service shall be due and payable within 21 days after the billin date. Accounts shall be considered delinquent when not paid within three(3)..business days following the due date, and a penalty in an amount set by city council resolution shall be added to the amount due. Such charges shall be a charge against the owner of the premises, and shall be certified by the city clerk to the finance division who shall prepare an assessment roll each year providing for assessment of the delinquent amounts against the respective properties served for collection as other taxes. Ordinance No. 2529-17 -10- (e) Additional services beyond those included .in the city program that are offered by the hauler, for a separate fee, shall include: (1) Collection and proper disposal in accordance with any state laws for bulk waste, electronics, and appliances. Unless otherwise specified by the city, costs for the collection and disposal of such items shall be charged by the hauler directly to the customer. (2) Extra collection for garbage, recycling, organics recycling, and yard waste beyond the standard collection frequency and upon request by a customer. Costs for this service shall be charged by the hauler directly to the customer. (3) Walk-up service for garbage, recycling, and organics recycling, upon request by a customer. Costs for this service shall be charged by the hauler directly to the customer. Code 1976. 6 9-307. Ord. No. 2249-03. S 1. 9-2-2003: Ord. No. 2324.06. 1-12 DIVISION 2. GARBAGE Sec. 22-20. Purpose. This division is desijzned to ensure thatag rbage collection, as part of the organized collection program, is conducted in an orderly fashion to avoid adverse effects on public health, welfare, safety and the environment. Sec. 22-21. Garbage collection requirements. Garbage shall be bagged and sealed, and placed in the diy_provided garbage cant. Garbage must fit inside the cit provided garbage cart with the cart lid closed. If a resident has more garbage than will fit in the cart with the cart lid closed, the resident may purchase an "extraag rbage" sticker from the city_, place the garbage in a securely sealed bag for collection, affix the sticker, and place the bag alongside the cart for collection at the same time as the cart. Extra garbage stickers may not be used on bulk waste items. If a resident has more garbage than will fit into the cart on a regular basis a larger service size mqy be selected. Sec. 22-22. Frequency and times of collection. Garbage shall be collected by the hauler at an interval determined bycity contract with the hauler, but no less fre uentl than eve -other-week. Collection of garbage by the hauler will take place between 7 a.m. and 6 p.m. Monday tbrou h Friday and 8 a.m. and 6 p.m. on Saturday when neeessar . Garba e from residences shall be placed out for collection curbside or alley side by 7 a.m, on the designated collection day, and the cart() shall be retrieved as soon as practical after collection on the day of collection and returned to the storage location. DIVISION 3. RECYCLING Sec. 22-23. Purpose. This division is designed to ensure that recyclable materials collection as part of the organized collection program, is conducted in an orderly fashion to avoid adverse effects on public health, welfare, safety and the environment. Sec. 22-24. Designation of items. Ordinance No. 2529-17 The city shall orepare a list of acceptable recyclable materials allowed to be included in the city's organized collection program. This list shall be provided to all residents who receive city solid waste collection services at least once per year. Such items must be: (a) Generally accepted by the recycling industry for re_manufacture, (b) Able to be cleaned prepared and stored in a manner to protect the public health welfare safety or the environment; (c) Able to be collected and recycled without threatening the economic viability of the city's organized collection program. Sec. 22-25. Recycling collection requirements. Recyclable materials shall be unbagged, unless otherwise specified by the city, and placed loosely in the city -provided recycling cart. if a resident has more recyclable materials than will fit in the cart, the resident may request an additional cart. Extra recyclable materials may also be placed next to the recycling cart in a pqper bag, cardboard box or resident -owned container. Under no circumstances shall recyclable materials be bagged in plastic ba s of any kind. All rec elable materials intended and set out for collection shall be cleaned, prepared and stored in accordance with city specifications. Sec. 22-26. Frequency and tunes of collection. Recyclable materials shall be collected by the hauler at an interval determined by city contract with the hauler but no less frequently than eve -other-week. Collection of repycling recyclingby the hauler will take lace between 7 a.m. and 6 p.m. Monday through Friday and 8 a.m. and.6 p.m. on Saturday when necessary. Recycling from residences shall be placed out for collection curbside or alle side by 7 a.m. on their designated collection day, and the carts shall be retrieved as soon as practical after collection on the day of collection and returned to the storage location. DIVISION 4. ORGANICS RECYCLING See. 22-27. Purpose. This division is designed to ensure that organic materials collection, as part of the organized collection program is conducted in an orderly fashion to avoid adverse effects on public health, welfare, safety and the environment. See. 22-28. Desi nation of items. The city shall prepare a list of acceptable organic materials allowed to be included as part of the cit 's or anized organics recycling ro ram. This list shall berovided to all residents who participate in the city's organics recycling ro ram at least once per ear. Such items must be generally accepted by the composting industry for composting. Sec. 22-29. Organics recycling collection. Organic materials shall be bagged and sealed in compostable bags that meet the ASTM D6400 standard, unless otherwise specified by the city, and placed in the city -provided cart. Organic Ordinance No. 2529-17 -12- materials may not be bagged in non-compostable plastic bags. Failure to use a eity-provided cart will void the opportunity to participate in the organics recycling program. Sec. 22-30. Frequency and times of collection. Organic materials shall be collected by the hauler weekly throughout the year. Collection of organics rec. cling by the hauler will take place between 7 a.m. and 6 p.m. Monday through Friday and 8 a.m. and 6 m. on Saturday when necess . Or anics rec clin shall belaced out for collection curbside or alley side by 7 a.m. on the designated collection day, and the carts shall be retrieved as soon as practical after collection on the day of collection and returned to the storage location. DIVISION 5. YARD WASTE Sec. 22-31. Purpose. This division is designed to ensure that yard waste collection, as part of the organized collection program, is conducted in an orderly fashion to avoid adverse effects on public health, welfare, safety and the environment. Sec. 22-32. Designation of items. Materials accepted in the city's yard waste collection program include grass clippings, leaves, weeds,ag rden plants, and brush and branches under four inches in diameter and four feet in length Sec. 22-33. Yard waste collection. The resident is responsible for providing yard waste containers or bags. (a) Yard waste containers and bags shall not exceed forty_pounds when filled. (b) In accordance with state law, any bag used to contain yard waste shall be compostable, such as paper yard waste bags or compostable plastic bags that meet the ASTM D6400 standard. (c) Brush and limbs under four inches in diameter and four feet in length may alternatively be bundled with string or twine and placed on the ground at the solid waste collection point. Sec. 22-34. Frequency and times of collection. Yard waste shall be collected by the hauler weekly throuehout the vard waste season. as determined b city staff. Collection of yard waste by the hauler will take place between 7 a.m. and 6 p.m. Monday through Friday and 8 a.m. and 6 p.m. on Saturday when necessai . Yard waste shall be placed out for collection curbside or alley side by 7 am, on the designated collection day, and the containers shall be retrieved as soon as practical after collection on the day of collection and returned to the storage location. ARTICLE IIL MULTI -FAMILY RECYCLING Sec. 22-35. Purpose, The pLiMose of this Article is to require the collection of recyclable materials in all multi -family residential buildings such as apartments, townhomes, or condominiums within the city. Sec. 22-36. Recyclable materials collected. Ordinance No. 2529-17 -13- The responsible party for each multi -family building shall ensure that collection is available for all recyclable materials generated within the buildin&. Sec. 22-37. Recyclable materials collection point. (a) The res onsible pqAy for each multi -family building shall ensure that the collection point for recyclable materials is available and accessible to all tenants at all times._ (b) The collection oint for recyclable materials shall be located in close proximity to the collection point for garbage. (c) The collection point shall consist of designated and labeled containers or chutes for each material type. (d) The responsible party shall ensure that in accordance with state law, available space for the collection of recyclable materials is sufficient to contain all the recyclable materials venerated from the building. Sec. 22-38. Service capacity and frequency of collection. (a) By July 1 2018 the responsible party for each multi -family building...shall ensure that the weekly service capacity for rec clable materials be a minimum of 20 gallons per dwelling unit. (b) Solid waste from a multi -family building shall be collected no less than once each week and as often as once each business day if necessary to protect public health. Sec. 22-39. City -contracted collection. The provisions of this Article -notwithstanding,the city, at any time and from time to time ma contract with a licensed solid waste collector for collection of recyclable materials and/or organic materials from some or all multi -family buildings. if the city so contracts, recyclable materials and/or organic materials shall be collected from the premises by the licensed solid waste collector under contract with the city and on terms and conditions set out in such contract. Sec. 22-40. Education and reporting. (a) The responsible party for a multi -family buildingshall hall provide educational material and instructions related to the collection of solid waste within the building to: (1) Each residential tenant located at the premises annually by March 31; (2) A new residential tenant no later than the 30th day after the -tenant occupies the premises; and (3) Each residential tenant located at the premises no later than the 30th day after a change in solid waste services offered. (b) Educational material and instructions may be provided in print or electronic form and shall include information on the location of available collection points and accepted recyclable materials and if provided, organic materials. (c) The responsible party shall report to the city upon written request such information relative to the program for separation, storage, and collection of recyclable materials and or materials then in effect for their complex. See, 22-41. Disposal. Ordinance No. 2529-17 -14- Recyclable materials and organic materials collected fi-om multi -family buildings for the purpose of recycling and/or organics recycling shall not, in any event, be: (a) Deposited in any landfill; (b) Burned in any waste -to -energy facility; or (c) Deposited or distributed in any way or manner contrary to applicable law, statute, ordinance, rule, or regulation. ARTICLE IV. COMMERCIAL RECYCLING DIVISION 1. EXISTING COMMERCIAL BUILDINGS Sec. 22-42. Purpose. The purpose of this division is to require recycling in existing commercial buildings. Sec. 22-43. Applicable buildinlzs. This division shall Mply to commercial buildings that meet the following: (a) Permitted or constructed prior to January 1, 2018. (1) If a building was permitted or constructed prior to January 1, 2018, and additional recycling requirements were put in place by the city through conditional use or other permitting agreements, those requirements must be followed in addition to the requirements set forth in this division. (b) Contains one or more commercial establishments classified in sectors 42 to 81 under the North American Industrial Classification System. (c) Contracts for four cubic yards or more per week of solid waste collection. Sec. 22-44. Recyclable materials collected. In accordance with state law, the responsible par!y for each commercial building shall ensure that at least three recyclable material types, such as, but not limited to, paper, glass, plastic, and metal, be collected for recycling. Sec. 22-45. Recyclable materials collection point. (a) The responsible party for each commercial building shall ensure that the collection point for recyclable materials is available and accessible to all tenants at all times, (b) The collection point for recyclable materials shall be located in close proximity to the collection point forag rbage (c) The collection point shall consist of designated and labeled containers or chutes for each material type. (d) The responsible party shall ensure that, in accordance with state law, available space for the collection of recyclable materials is sufficient to contain all the recyclable materials generated from the building. Sec. 22-46. Separation of recyclable materials. In conunercial buildings regulated under this division: (a) Every commercial establishment within the commercial building shall separate recyclable materials from all other solid waste. Ordinance No, 2529-17 -15- DIVISION 2. NEW OR EXPANDED COMMERCIAL BUILDINGS See. 22-47. Purpose. The puzpose of this division is to require recycling in new or expanded existing commercial buildings. See. 22-48. Applicable buildiulzs. This division shall 4pply to commercial buildings that meet the following: (a) Permitted and constructed on or after January 1, 2018. (b) Permitted or constructed prior to January 1 2018 but that increases the square footage of the building through the construction of an addition or remodel after that date. Sec. 22-49. Recyclable materials collected. The responsible party for each commercial building shall ensure that collection is available for all recyclable materials generated within the building_. Sec. 22-50. Recyclable materials collection point. (a) The responsible party for each commercial building shall ensure that the collection point for recyclable materials is available and accessible to all tenants at all times. (b) The collection point for recyclable materials shall be located immediately adjacent to the collection point for garbage. (c) The collection point shall consist of designated and labeled containers or chutes for each material type. (d) The responsible party shall ensure that, in accordance with state law, available space for the collection of recyclable materials is sufficient to contain all the recyclable materials generated from the buildin Sec. 22-51. Organic materials collection point. (a) The responsible party for each commercial building containing one or more licensed food establishments shall ensure that the collection point for organic materials is available and accessible to licensed food establishments at all times. (b) The collection point for organic materials shall be located immediately adjacent_ to the collection point for garbage. Sec. 22-52. Service capacity. (a) The responsible party shall ensure that the combined weekly service capacity for recyclable materials and organic materials be equal to or greater than the weekly service capacity for garbage. Sec. 22-53. Separation of recyclable materials and organic materials. In commercial buildings regulated under this division: (a) Every commercial establishment located in the commercial building shall separate recyclable materials from all other solid waste. Ordinance No. 2529-17 -16- (b) Every licensed food establishment in the commercial building shall separate organic materials from all other solid waste. (1) Nothing in this ordinance shall preclude a licensed food establishment from donating left over or unsold food that is safe for human consumption to a food bank, shelter, or other food reuse program. DIVISION I ALL COMMERCIAL BUILDINGS Sec. 22-54. Frequency of collection. (a) Solid waste from a commercial building shall be collected no less than once each week and as often as once each business day if necessary to protect public health. Sec. 22-55. Education and reporting. (a) The responsible party for a commercial buildingshall hall provide educational materials and instructions related to the collection of solid waste within the building to: (1) Each commercial establishment located at the premises annually by March 31, (2) A new commercial establishment no later than the 30th day after the commercial establishment occupies the premises; and (3) Each commercial establishment located at the premises no later than the 30th day after a chance in solid waste services offered. (b) Educational material and instructions may be provided in print or electronic form, and shall include information on the location of available collection points and accepted recyclable materials and, if provided, organic materials. (c) The responsible party shall report to the city upon written request such information relative to the program for separation, storage, and collection of recyclable materials and organic materials then in effect for their complex. Sec. 22-56. Disposal. Recyclable materials and organic materials collected from commercial buildings for the purpose of recycling and/or organics recycling cling shall not, in any event, be: (a) Deposited in any landfill, (b) Burned in any waste -to -energy facility; or (c) Deposited or distributed in any way or manner contrary to applicable Iaw, statute, ordinance, rule, or regulation. ARTICLE V. BACKYARD COMPOSTING Sec. 22-57. Permits. No permit is required to compost or to install a compost bin. Sec. 22-58_. Duties of owner, occupant or tenant. Ordinance No. 2529-17 -17- Every owner, ocep ant or tenant of..any premises who com osts shall do so in a sanitary and environmentally sound manner, shall use a compost bin that meets the design standards_ described in this section and shall meet all other standards set forth in this ordinance. Sec. 22-59. Conditions of composting. Composting is allowed provided the following conditions are met: (a) Acceptable materials. Only materials deemed acceptable by city staff and listed on the city's website may be -placed in a compost structure. Examples of acceptable materials include but are not limited to yard waste fruit and vegetable scraps, eggshells, tea bags, coffee grounds, and ppper coffee filters. (b) Unacceptable materials. Materials deemed unacceptable by city staff and listed on the city's website shall not be placed in a compost structure under any circumstances._ Examples of unacceptable materials include meat bonesgrease, eggs, dairy products, animal remains feces or inorganic materials such as rocks plastics, orsynthetic fibers. (c) Compost bin. All com ostia must occur in a compost bin which meets the following, (1) Designed to limit odors, (2) Designed to limit rodent and pest access• (3) Enclosed on all sides and have a lid; (4) Constructed of durable material such as wood wire meshplastic, or concrete block or a combination thereof or be a commercially available compost bin designed for composting organic materials (5) Not exceed a total of 150 cubic feet in volume for compost bins on lots with a residential structure or a total of 200 cubic feet in volume for compost bins on lots without a residential structure. (d) Location on property. Compost bins shall be located: (1) In the back yard (2) At least five (5) feet from a trail, street or alley. (3) At least five (5) feet fiom a Uoperty line adjacent to any city park. i. A compost bin may be installed at a public park in conjunction with a community garden, subject to all the setbacks and regulations of this section. (4) At least 15 feet from the edge of a surface water body. (5) At least 15 feet from any inhabited building. (e) Maintenance. Compost bins and materials placed therein shall be properly maintained at all times to minimize odors and to promote effective decomposition of the organic materials in a safe, secure and sanitary manner. Ord. No. 2382-10,4-30-10) Sec. 22-60. Nuisance. Compost bins or materials placed therein that are not in _compliance with this section shall be declared a public nuisance and are subject to abatement and assessment as provided in Chapter_ 12 of this Code. ARTICLE VI. BULK MATERIAL CONTAINERS Sec, 22-61. Purpose. Ordinance No. 2529-17 -18- The purpose of this Article is to establish minimum standards for bulk material containers (e.g. dumpster, tub, pod, or soft -sided dumpster bag), and to prohibit placement of such containers on city property. See. 22-62. Regulations. (a) Container labeling. Bulk material containers shall be clearly labeled with the name and phone number of the container owner. (b) Container location. Bulk material containers shall not be located on any city property or right-of-way including streets, alleys, boulevards, or sidewalks. Containers shall be placed in a location that will ensure the least possible obstruction to pedestrian and vehicular traffic, as well as provide for the safety of the general public and residents living in the area. (c) Container specifications. a. Bulk material containers shall be watertight. b. Bulk material containers that are used to collect solid waste on a permanent basis, such as those located at multi -family or commercial properties, and are emptied onsite by a licensed solid waste collector are required to have a lid or cover that is kept closed when not in use or be stored inside a building or enclosure with a roof. (d) Materials collected. Materials collected in a bulk material container shall not exceed three feet in height from the top of the container, and shall not spill out to create a public nuisance. (e) Duration of time allowed Bulk material containers that are used: a. To collect construction demolition debris shall not be located on an individual lot or parcel for more than six months during any 12 -month period when an active building permit is in place with the city. b. To collect solid waste on a temporary basis shall not be located on an individual lot or parcel for more than 14 days during any 12 -month period. (Ord. No. 2198-01, § 1, 5-21-2001, Ord. No. 2249-03, § 1, 9-2-2003) First Reading December 4, 2017 Second Reading December 18, 2017 Date of Publication December 28, 2017 ate Ordinance takes effect January 12, 2018, with the exception of Section 22-38 (a) which would take effect July 1, 2018. Administration *lopted by the City Council December 18, 2017 Manager Attest: Approved as to Form and Execution: A1 A J,�4 "�JA I dk 5, ::�, kAv—� Melis a Kenne y, r lerk Soren Mattick, City Attorney AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN Darlene MacPherson tieing duly sworn on an \ oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: SS St Louis Park with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as qualified newspaper as provided by Minn, Stat. §33.IA.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the fust insertion being on 12/28/2017 and the last insertion being on 12/28/2017. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, solid. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county .djoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: Q Mme, ? t-�� _ Designated Agent Subscribed and sworn to or affirmed before me on 12/28/2017 by Darlene MacPherson. Notary Public 4.W.I. mFK , MARLENE M. MITCHELL I� Notary Public -Minnesota "s;try `�yMy Commiselon Expires Jan 31, 2020 NyyW WY�M/vVw1KV./vM4V WN/N/w`! Rate Information: ') Lowest classified rate paid by commercial users for comparable space: $68.50 per column inch Ad ID 768463 CITY OF ST. LOUIS PARK SUMMARY FOR PUBLICATION ORDINANCE NO. 2529-17 ORDINANCE AMENDING CHAPTER 22 OF THE ST. LOUIS PARK CITY CODE SOLID WASTE MANAGEMENT This ordinance amends Chapter 22. (Solid Waste Management) for the City of St. Louis Park. This amendment is a total re -write of the chapter and proposes policy changes to update definitions, bring the city curbside program requirements in line with current practices, clarify and Improve recycling requirements for multi- family buildings, add recycling requirements for commercial buildings, revise standards for backyard compost bins, and update bulk material container (dumpster) requirements. The amended ordinance takes effect January 12, 2018, with the exception of Section 22-38 (a) which takes effect July 1, 2019. A printed copy of the entire ordi- nance is available for inspection by any person during the City Clerk's regular office hours. Adopted by the City Council De- cember 18, 2017 Jake Spano /a/ Mayor Published in the St. Louis Park Sun Sailor December 28, 2017 768463 RECEIVED JAN 2 , 200 CITY CLERK'S OFFICE