87-003 RES
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The City Council for the City of Elk River, Minnesota
Resolution No. 87- 3
CITY COUNCIL RESOLUTION REGARDING PUBLICATION OF SOLID WASTE
FACILITIES ORDINANCE.
WHEREAS, the City Council of the City of Elk River adopted,
by unanimous vote, on December 1, 1986, an Ordinance regulating
the establishment and operation of solid waste facilities
within the City of Elk River (the Solid Waste Facilities
Ordinance);
WHEREAS, the Solid Waste Facilities Ordinance will take
effect upon publication in the City's official newspaper;
WHEREAS, the Solid Waste Facilities Ordinance is 44 pages
long and publication of the entire Ordinance would be
prohibitively expensive and is not necessary for the purpose of
informing the public of the intent and effect of the Ordinance;
and
WHEREAS, the City Attorney has prepared a proposed summary
of the Solid Waste Facilities Ordinance for publication in the
City's official newspaper pursuant to the requirements of
Minnesota Statutes; and
~ WHEREAS, the City Council has carefully reviewed the
proposed summary of the Solid Waste Facilities Ordinance and
determined that it clearly informs the public of the intent and
effect of the Ordinance,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Elk River, as follows:
1. The summary of the Solid Waste Facilities Ordinance
prepared by the City Attorney, which summary is
attached to this Resolution, has been carefully
reviewed by the City Council and the City Council
hereby determines that the proposed summary clearly
informs the public of the intent and effect of the
Ordinance. The summary is therefore approved by the
City Council in the form attached to this Resolution.
2. The City Administrator is hereby directed to:
a.
Have the title and summary of the Solid Waste
Facilities Ordinance published in the form
attached to this Resolution in the City's
official newspaper at the earliest possible time,
along with notice that a printed copy of the
ordinance is available for inspection by any
person during regular office hours at the Elk
River City Hall and at the Elk River Public
Library.
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b.
Have a printed copy of the Solid Waste Facilities
Ordinance available for inspection by any person
during regular office hours at the Elk River City
Hall and at the Elk River Public Library;
c. Deliver a copy of the entire text of the Solid
Waste Facilities Ordinance to the Elk River
Public Library for posting and to be available
for inspection by any person during the regular
hours of the library.
d. Mail a copy of the Solid Waste Facilities
Ordinance to all persons known by the City
Administrator to be presently operating a
facility regulated by the Solid Waste Facilities
Ordinance.
This Resolution adopted this 12th day of January, 1987, by a
four-fifth's vote of the City Council of the City of Elk River.
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Estelle Gunkel, Mayor
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Pat Klaers, City Administrator
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PUBLIC NOTICE
NOTICE OF THE ADOPTION BY THE ELK RIVER CITY COUNCIL
OF AN ORDINANCE REGULATING THE ESTABLISHMENT
AND OPERATION OF SOLID WASTE FACILITIES
On December 1, 1986, the City Council of the City of Elk River
adopted an ordinance regulating the establishment and operation
of Solid Waste Facilities within the City of Elk River. The
title and a summary of the City's Solid Waste Facilities
Ordinance is set forth below. A copy of the entire Solid Waste
Facilities Ordinance is available for inspection by any person
during regular office hours at the Elk River Ci ty Hall, -5-5-Q- ~o5 u.P.4. p",V<iL
Ma~n 3tL~~L, and at the Elk River Public Library, 413 Proctor
Avenue N.W.
The Solid Waste Facilities Ordinance summarized in this notice
takes effect upon publication of this notice. Solid Waste
Facilities presently in existence, and the operation of such
facilities, are required to conform to the provisions of the
Solid Waste Facilities Ordinance no later than 120 days from
the date of this notice, or to terminate operations no later
than that date, unless the City Council grants a variance, for
good cause shown, to continue operations.
TITLE AND SUMMARY OF SOLID WASTE FACILITIES ORDINANCE ADOPTED
BY THE ELK RIVER CITY COUNCIL ON DECEMBER 1, 1986
TITLE
An Ordinance Amending Chapters VI and IX of the Elk River City
Code, Creating a New Solid Waste Facilities Zoning District,
Establishing Standards for and Regulating the Operation of
Solid Waste Facilities in the City of Elk River, Requiring
Licenses for the Establishment and Operation of Solid Waste
Facilities, Establishing a Requirement for a Performance Bond
and Establishing Penalties for Lack of Compliance with these
Provisions, all in Order to Promote the Health, Welfare, and
Safety of the Public.
SUMMARY
Section I of the Solid Waste Facilities Ordinance amends
Chapter IX of the Elk River City Code, which is the Elk River
Zoning Ordinance, as follows:
Section 900.08 is amended to incorporate certain definitions of
Solid Waste Facilities set forth in Section 604.02 of the City
Code;
Sections 900.10(1) and 900.12 are amended to create the Solid
Waste Facility Overlay Zoning District in the City of Elk
River;
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Section 900.16 is amended to make Solid Waste Facilities
conditional uses in the new Solid Waste Facility Overlay
District;
Section 900.16(1) is amended to eliminate "waste disposal sites
- landfills" as conditional uses in the A-l Agricultural
Conservation District;
Section 900.16(8) is amended to eliminate "waste transfer and
reduction facilities" as conditional uses in the 1-1 and 1-2
Industrial Districts; and
Section 900.42(4)(a) is amended to require that all conditional
uses in the City fully comply with all applicable requirements
and standards of the City's Code of Ordinances for the issuance
of any license or permit required to establish or operate the
proposed use.
Section II of the Solid Waste Facilities Ordinance amends
Chapter VI of the Elk River City Code, as follows:
Section 603 relating to landfill fees is repealed;
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A new Section 604 is added to the City Code regulating
establishment and operation of Solid Waste Facilities.
following is a summary of each subsection contained in
Section 604.
the
The
new
Section 604.00 sets forth the purpose of the Solid Waste
Facilities license.
~ 604.02 defines the following terms:
Solid Waste
Hazardous Waste
Dangerous Waste
Solid Waste Facility
Solid Waste Processing Facility
Sanitary Landfill
Waste Burning Facilities
Transfer Station
Land Pollution
~ 604.04 prohibits the disposal, processing, storage or burning
of solid waste in the City except at a facility licensed
pursuant to the Solid Waste Facilities License; regulates the
location of Solid Waste Facilities; regulates the disposal,
processing, storage or burning of dangerous wastes; and
prohibits the disposal, processing, storage or burning of
hazardous waste within the City.
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~ 604.06 prohibits the use of property for solid waste
management or disposal except at a Solid Waste Facility for
which a license has been granted pursuant to the Solid Waste
Ordinance.
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~ 604.08 establishes application fees and annual license fees
for the operation of Solid Waste Facilities; and establishes a
separate fee for the disposal of solid waste on land as
authorized by Minnesota Statutes.
~ 604.10 establishes administrative procedures and standards
for the issuance of Solid Waste Facility Licenses, including
specific standards for approval; and authorizes the City
Council to impose conditions on the issuance of licenses.
~ 604.12 establishes insurance and bonding requirements for the
operation of Solid Waste Facilities.
~ 604.14 provides for the expiration, renewal and revocation of
Solid Waste Facilities licenses; and establishes standards and
procedures for the renewal, suspension and revocation of Solid
Waste Facilities licenses.
~ 604.16 provides for City inspections of Solid Waste
Facilities.
~ 604.18 provides that where more restrictive conditions are
imposed by any other law, rule or regulation, then the higher
standard for the promotion and protection of the public health,
welfare and safety will prevail.
~ 604.20 sets forth an administrative procedure specifically
regulating the disposal, storage, processing and burning of
dangerous wastes.
~ 604.22 regulates the collection and transportation of solid
waste.
~ 604.24 regulates the establishment and operation of Solid
Waste Transfer Stations by prohibiting their location in
certain areas; by setting forth specific license application
requirements; and by establishing specific minimum requirements
and performance standards for Transfer Stations.
~ 604.26 regulates the establishment and operation of Sanitary
Landfills by designating areas in which the establishment of a
Sanitary Landfill is prohibited; by setting forth specific
license application requirements; and by establishing specific
minimum requirements and performance standards for Sanitary
Landfills.
~ 604.28 regulates the establishment and operation of Waste
Burning Facilities by designating areas in which Waste Burning
Facilities shall be prohibited; by setting forth specific
application requirements; and by establishing specific minimum
requirements and performance standards for Waste Burning
Facilities.
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~ 604.30 regulates the establishment and operation of Solid
Waste Processing Facilities by designating areas in which Solid
Waste Processing Facilities are prohibited; by setting forth
specific license application requirements; and by establishing
specific minimum requirements and performance standards for
Solid Waste Processing Facilities.
~ 604.32 authorizes the City Council to grant variances from
the requirements of the Solid Waste Facilities Ordinance in
order to promote the effective and reasonable application and
enforcement of the Ordinance; and requires that Solid Waste
Facilities in existence at the time of the enactment of the
Ordinance, and the operation of such facilities, conform to the
provisions of the Ordinance no later than 120 days after the
adoption of the Ordinance, or terminate operations no later
than that date, unless the City Council grants a variance for
good cause shown to continue operations.
~ 604.34 provides for enforcement of the Solid Waste Facilities
Ordinance by setting forth specifically the actions or
omissions which shall constitute violations of the Ordinance;
by making a violation of the Ordinance a misdemeanor; by
authorizing the City to issue citations or to go to court in
the event of violations of the Ordinance; and to recover
enforcement costs.
~ 604.36 authorizes the City to impose additional requirements
consistent with the intent of the Solid Waste Facilities
Ordinance.
~ 604.38 provides for the separability of any provision of the
Ordinance found invalid if challenged in a court of competent
jurisdiction.
~ 604.40 provides that the provisions of the Ordinance are
cumulative and in addition to all other laws and ordinances
which may affect the subject matter covered in the Ordinance.
~ 604.42 provides that nothing contained in the Ordinance is
deemed to be a consent, license or permit to locate, construct
or maintain a site, facility or operation or to carryon any
activity.
~ 604.44 provides that the Solid Waste Facilities Ordinance
will be in full force and effect from and after the date of
this publication.
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