ORD 17-25Ordnance 17 - 25
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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 .Zoning administratorwith 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:
"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 munidpal
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) exettsIndustrial Waste. No person shall dispose of, process, store or burn dasgeret:s
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 of dangeteus
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industrial waste has been granted by the city council or the city building and zoning
administrator. Temporary storage of dangerexs 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, Da"ger mo -Industrial 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 PlaniXlan) 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 testin¢.
and the analytical methods to be used: (2) procedures for managing the waste and for
identif�mg any special management requirements and the rationale for accepting or rejecting a
waste based on its analysis volume and characteristics: (3)aprocedure for inspecting industrial
(a) Application to dispose of, store, process, or bum dangerees 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 daftgeretts industrial waste
as is required by the building and zoning administrator, including any analysis of the
dangerous 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 dangeeetts
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 bum daagereae 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.
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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) Daageretts Industrial waste prohibited. No dasgerotis 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) Oangeteas�Industrial Waste. No dangerous 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
ditngeratts 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) Dartgerous Industrial Waste. No dates 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 ditngerees 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) Dangerous -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.
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(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 dangetatts 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 6`s day of November 2017.
Yn Dietz, tayor
ATTEST: �fl'
Tina A d, City Clerk
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE
Darlene MacPherson being duly sworn on an
oath, states or affirms that he/she is the
Publisher's Designated Agent of the newspa-
per(s) known as:
Star News
with the known office of issue being located
in the county of..
SHERBURNE
with additional circulation in the counties of:
WRIGHT
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 11/25/2017 and the last
insertion being on 11/25/2017.
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,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining 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:y
Designated Agent
Subscribed and sworn to or affirmed before
me on 11/25/2017 by Darlene MacPherson.
MARY ELIZABETH KNAPP
Notary Public -Minnesota
My CommiMlon ExplmsJan 31.2018
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Ad ID 758835
CITY OF ELK RIVER
RESOLUTION 17-69
A RESOLUTION OF THE
CITY OF ELK RIVER
APPROVING NOTICE OF
SUMMARY PUBLICATION
OF ORDINANCE #17-25
AMENDING CHAPTER
58, ARTICLE 3, SOLID
WASTE FACILITIES
WHEREAS, on November 6,
2017, the Elk River City Council ad-
opted Ordinance 17-25 amending
Article 3, of the Elk River Code of
Ordinances; and
WHEREAS, replacing the word
dangerous with the updated tern
industrial in all sections as it per-
tains to waste which would pose
a threat to health or safety or may
cause damage to or adversely
:laffect 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 zoning
administrator with 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; and
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 reg-
ular business hours:
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council, by at
least four-fifths vote, authorizes the
publication of the title and summa-
ry of Ordinance 17-25.
The motion for adoption of the
foregoing resolution was duly sec-
onded by Councilmember Wagner,
and upon vote being taken thereon,
the following voted in favor thereof:
Mayor John Dietz, Councilmem-
bers Jerry Olsen, Nate Ovall, and
Jennifer Wagner and the following
against: none; whereupon said res-
olution was declared duly passed
and adopted.
The following members were
present: Mayor John J. Dietz,
Councilmembers Jerry Olsen, Nate
Oval, and Jennifer Wagner and the
following absent: Councilmember
Matt Westgaard.
Passed and adopted this 6th
day of November, 2017.
John J. Dietz, Mayor
ATTEST: Tina Allard
City Clerk
Published in the
Star News
November 25, 2017
758835