4.4. SR 11-20-2017 Eclty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 4.4
Agenda Section Meeting Date Prepared by
Consent November 20, 2017 Amanda Bednar,Environmental Coordinator
Item Description Reviewed by
Ordinance Amendment and Resolution for Suzanne Fischer,Director COD
Summary Publication Regarding Solid Waste Reviewed by
Facilities Cal Portner, City Administrator
Action Requested
Adopt,by motion, an ordinance amending City Code Chapter 58,Article 3, Solid Waste Facilities.
Background/Discussion
Staff is updating the city's Solid Waste Facilities Permits and recommends replacing the definition of
"Dangerous Waste"with "Industrial Waste."
This language matches state and county definitions and has been discussed with the solid waste facilities
operating in Elk River— Great River Energy and Elk River Landfill. Other minor changes were also
made as outlined in the ordinance amendment document.
Financial Impact
None
Attachments
■ Ordinance Amending Solid Waste Facilities
■ Resolution for Summary Publication
The Elk River Vision
A PehoMing community Pitb revolutionary and spirited resourcefulness, exceptional P,`01 W E H E 8 6 T
service, and community engagement that encourages and inspires prosperity INAMIRE1
�jStfikethfoughs to be removed
Underlines to be added
City of
Elk -�-�
River
Ordinance 17 -
An Ordinance Amending Chapter 58, Article 3, Solid Waste Facilities of the City of
Elk River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That § Article III, Solid Waste Facilities of the City of Elk River Code of
Ordinances shall be amended as follows:
Replacing the term city building and honing administrator with the updated term City staff or
designated City staff in all sections as it pertains to making determination related to solid waste.
SECTION 2. That § Sec. 58-91, Definitions of the City of Elk River Code of Ordinances shall be
amended as follows:
The following words, terms and phrases,when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different
meaning:
Dangerous waste fnea-ns waste which wotdd pose a threat to hea4th or saf��, or which may
cattse damage to or fnatefia4ly adversely affect the operation of any solid waste faci4ity,
including but not limited to explosives; hospita4,pathologica4> and biologica4 wastes;
nonhazardotts industfial special wastes subject to the co disposa4 regulations of the stat-e
polhttion control agency; chemica4s and radioactive matefials; o4 sludges; asbestos in
identifiable quantiftes; cesspool, domestic sewage, r other sewage sludge; hUfflan or anfffi,il
femains; ash;minfing wastes; sludges;wastes in liquid state; toxic refttse of any kind, such as
cleaning f1ttids, ttsed crankcase > ;
and any other matefials that the city shaR determine are haifnfU4 or of an dangerotts or
L
"Industrial Solid Waste" means all solid waste generated from an industrial or manufacturing
process and solid waste generated from non-manufacturing activities such as service and
commercial establishments. Industrial solid waste does not include office materials
restaurant and food preparation waste, discarded machinery, demolition debris, municipal
solid waste combustor ash, or household refuse.
SECTION 3.That§ Sec. 58-100, General restrictions on waste disposal, storage and
processing, of the City of Elk River Code of Ordinances shall be amended as follows:
(c) DangereuIndustrial Waste. No person shall dispose of,process, store or burn da-ngerotts
industrial waste at any location within the city except at a solid waste facility licensed
pursuant to the provisions of this article, and then only when specific permission for the
disposal, processing, storage or burning of a specific type and quantity ofgeraus
URE
Last Updated il7asch 2014 INATJ
Stfikethfoughs to be removed
Underlines to be added
industrial waste has been granted by the city council or the city building and zoning
administrator. Temporary storage of dangerotts industrial waste at solid waste facilities
licensed pursuant to this article shall be allowed without prior approval, for a period not to
exceed 30 days, for the sole purpose of allowing arrangements to be made for the transfer
of such materials out of the city for disposal as required by applicable state and federal
laws and regulations.
SECTION 4.That§ Sec. 58-104,DangereuIndustrial Waste of the City of Elk River Code of
Ordinances shall be amended to read as follows:
All industrial solid waste delivered to a solid waste management facility must be managed to
protect human health and the environment. The owner or operator of a solid waste facility
must submit an Industrial Solid Waste Management Plan (Plan) to the city for review and
approval. The Plan must include a discussion of how the owner or operator will manage all
industrial solid wastes received at the facility. The Plan must specify:(1) a procedure for
evaluating waste characteristics,including the specific analyses that may be required for specific
wastes, and the criteria used to determine when analyses are necessary, the frequency of testing,
and the analytical methods to be used; (2) procedures for managing the waste and for
identif�Jng anyspecial management requirements, and the rationale for accepting or rejecting a
waste based on its anal,volume, and characteristics; (3) a procedure for inspecting industrial
solid waste as it is delivered and the rationale for accepting or requiring further information and
review of previouslyapproved and unapproved waste as it is delivered. The owner or operator
must amend the Plan whenever the management practices or wastes identified in in the plan
have changed. The owner or operator shall submit the amended Plan to the Ci for approval.
(a) Application to dispose of, store,process, or burn dangerotts industrial wastes at a licensed
solid waste facility in the city shall be made to the city building and zoning administrator.
The applicant shall submit such information with respect to the dangerotts industrial waste
as is required by the building and zoning administrator,including any analysis of the
dangerotts industrial waste done by the state pollution control agency, and any additional
analysis or information required by the building and zoning administrator.
(b) The building and zoning administrator may:
(1) Grant the requested permission to dispose of, store,process, or burn geraxs
industrial waste, subject to such conditions as the building and zoning administrator deems
appropriate;
(2) Deny the request, setting forth in writing the reasons therefor; or
(3) Refer the request to the city council for review and decision on the request by the city
council.
(c) A decision of the building and zoning administrator denying permission to dispose of, store,
process, or burn dangerotts industrial wastes, or imposing conditions on such disposal,
storage,processing, or burning that are unacceptable to the applicant,may be appealed by
the applicant to the city council,by setting forth in writing the reasons for the appeal.
(d) In lieu of the application and approval process, the Industrial Solid Waste Management Plan
may identify routine industrial wastes that do not require express approval of the City for
management at the solid waste facility.
URE
Last Updated il7asch 2014 INATJ
Stfikethfoughs to be removed
Underlines to be added
SECTION 5.That§ Sec. 58-154, Performance standards of the City of Elk River Code of
Ordinances shall be amended to read as follows:
(2) Da-ngerotts Industrial waste prohibited. No da-ngeraxs industrial wastes shall be deposited at
any transfer station within the city.
SECTION 6.That§ Sec. 58-174, Performance standards of the City of Elk River Code of
Ordinances shall be amended to read as follows:
(2) Dangeretts Industrial Waste. No dangerotts industrial wastes shall be disposed of at any
sanitary landfill within the city unless and until permission to do so has been requested and
obtained from the city as provided in this article.
(9) Operating records. Accurate daily records of daily landfill operations shall be maintained.
These records shall contain information pertinent to sanitary landfill operation. Intake of
solid waste in tons or cubic yards shall be recorded on a daily basis in a manner acceptable
to the city. General areas in which a particular type of solid waste has been disposed within
the landfill shall be recorded and filed. The volume and location of the disposal of
dangerotts industrial wastes shall be recorded the day such disposal takes place and shall
include the amount and type of waste disposed of, and the name and address of the source
of the waste. These records shall be available at all times for review and inspection by the
city.
SECTION 7.That§ Sec. 58-194, Performance standards of the City of Elk River Code of
Ordinances shall be amended to read as follows:
(2) Dangerotts Industrial Waste. No dangeraxs industrial wastes shall be burned at any waste
burning facility in the city unless and until permission to do so has been sought and
obtained from the city as provided in this article.
SECTION 8.That§ Sec. 58-211, License of the City of Elk River Code of Ordinances shall be
amended to read as follows:
(11) Specific plans for the disposal of solid waste and hazardous or dangerotts industrial waste
received,generated, or processed at the facility, and for the emergency disposal of solid
waste not processed due to facility breakdowns,including the identification of any sanitary
landfill located within the city proposed to be used for disposal of solid waste processed at
the facility or for the emergency disposal of solid waste brought to the facility and not
processed.
SECTION 9.That§ Sec. 58-214, Performance standards of the City of Elk River Code of
Ordinances shall be amended as follows:
(2)Dangeretts Industrial Wastes. No dangerousindustrial wastes shall be processed in any solid
waste processing facility within the city. Dangerous Industrial waste deposited at a solid
waste processing facility shall be disposed of by the operator of the facility as required by
state law.
URE
Last Updated il7asch 2014 INATJ
Stfikethfoughs to be removed
Underlines to be added
(5) Safe Operation. The solid waste processing facility shall be operated in a manner so as to
ensure the safest possible operation. The city shall be notified immediately upon the
release or spill of hazardous materials at the facility, or of any other dftngefotts industrial
condition at the facility.
SECTION 10. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 6I day of November 2017.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
URE
Last Updated il7asch 2014 INATI
City of
Elk
*�
River
Councilmember introduced the following resolution and moved its adoption:
Resolution 17-
A Resolution of the City of Elk River Approving Notice of Summary Publication of
Ordinance #17- Amending Chapter 58, Article 3, Solid Waste Facilities
WHEREAS, on November 6, 2017, the Elk River City Council adopted Ordinance 17- amending
Article 3, of the Elk River Code of Ordinances; and
WHEREAS, replacing the word dangerous with the updated term industrial in all sections as it pertains
to waste which would pose a threat to health or safety or may cause damage to or adversely affect the
operation of any solid waste facility. This change is done to meet current industry language for this type
of waste; and
WHEREAS, replacing the term city building and honing adrninistratorwith the updated term city staff or
designated city staff in all sections as it pertains to making determination related to solid waste. This change
is done to meet current functioning practices by the city.
WHEREAS, a copy of the full text of the ordinance is available for inspection by any person at the
office of the Elk River City Clerk, 13065 Orono Parkway, during regular business hours; and
NOW, THEREFORE, BE IT RESOLVED by the City Council,by at least four-fifths vote,
authorizes the publication of the title and summary of Ordinance 17-
The motion for adoption of the foregoing resolution was duly seconded by Councilmember
and upon vote being taken thereon, the following voted in favor thereof-
and the following
against: ,whereupon said resolution was declared duly
passed and adopted.
The following members were present:
and the following
absent:
Passed and adopted this 6th day of November 2017.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City NATUREI