86-018 ORD
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ORDINANCE NO. 86-18
AN ORDINANCE AMENDING CHAPTERS VI AND IX OF THE ELK RIVER
CITY CODE, CREATING A NEW SOLID WASTE FACILITY 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.
The City Council of the City of Elk River does hereby
ordain as follows:
1.
Chapter IX of the Elk River City Code is hereby amended as
follows:
A. Section 900.08 is amended by adding the following
definitions thereto:
"53A. Sanitary Landfill. "Sanitary Landfill" shall
be defined as set forth in Section 604.02 of the City
Code.
64A. Solid Waste Facility. "Solid Waste Facility"
shall be defined as set forth in section 604.02 of
the City Code.
64B. Solid Waste Processing Facility. "Solid Waste
Processing Facility" shall be defined as set forth in
section 604.02 of the City Code.
73A. Transfer station. "Transfer station" shall be
defined as set forth in section 604.02 of the City
Code.
76A. Waste Burning Facility. "Waste Burning
Facility" shall be defined as set forth in section
604.02 of the city Code."
B. section 900.10(1) is amended to add to the list of
zoning districts within the City of Elk River the following:
"SWF Solid Waste Facility Overlay District"
C. Section 900.12 is amended to add thereto the
following new Section 14, as follows:
"14. SWF Solid Waste Facility Overlay Zoning
District.
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a.
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Purpose. The purpose of the Solid Waste
Facility Overlay Zoning District is to protect
the public health, safety, and general welfare
by providing a specific zoning district for the
use of land for the establishment and operation
of Solid Waste Facilities. Since these uses are
so unique, their demands upon public services
such as transportation -- are so intense and
their potential for causing harm to the
environment and to the public health, safety,
and general welfare is so great, a special
zoning district is necessary. Solid Waste
Facilities shall not be permitted nor
conditional uses in any other Zoning District.
b.
Uses. The Solid Waste Facilities Overlay
District is an overlay zoning district. Land
zoned into the Solid Waste Facilities Overlay
District will also remain in its original zoning
district (the Underlying Zoning District). All
permitted, accessory, and conditional uses
allowed in the Underlying Zoning District will
continue to be allowed on land zoned into the
Solid Waste Facilities Overlay District, subject
to all restrictions and requirements applicable
in the Underlying District. In addition to the
uses allowed in the Underlying Zoning District,
there shall be allowed in the Solid Waste
Facilities Overlay District the conditional uses
set forth in Section 900.16(9) of this zoning
ordinance, subject to all requirements of the
City Code for the establishment and operation of
such uses.
c. Dimensional and Other Regulations and Standards;
Performance Standards. Dimension Regulations,
Setbacks, Yard Regulations, Height Regulations,
Sign Regulations, Parking and Loading
Regulations, Performance Standards, and all
other regulations, standards, and requirements
applicable in the Underlying Zoning District
shall apply in the Solid Waste Facilities
Overlay District, subject to any additional
requirements, regulations, and standards which
must be met pursuant to the City Code for the
establishment and operation of Solid Waste
Facilities.
d.
Administrative Procedure. Establishment of
Solid Waste Facility Overlay Zoning on a
specific parcel of land shall be by amendment to
the City's zoning map as provided by this Zoning
Ordinance and pursuant to the procedures set
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forth in Section 900.44 hereof. An application
for a conditional use permit to allow a specific
solid waste facility, if timely filed as
provided by the Zoning Ordinance, may be
processed by the City and considered by the City
Council along with an application to zone the
affected property into the Solid Waste
Facilities Overlay District."
D.
Section 900.16(1)(k) is amended to read as follows:
"(k) Reserved."
E. Section 900.16(8)(b) is amended to read as follows:
"(b) Reserved."
F. Section 900.16 is amended to add thereto the
following new Section (9), as follows:
"(9) SWF Solid Waste Facility Overlay District -
(a) Solid Waste Facilities licensed under
Section 604 of the City Code.
(b) Solid Waste Processing Facilities licensed
under Section 604 of the City Code.
(c) Sanitary Landfills licensed under Section
604 of the City Code.
(d) Waste Burning Facilities licensed under
Section 604 of the City Code.
(e) Transfer Stations licensed under section
604 of the City Code."
G. Section 900.42(4)(a) is amended to add thereto the
following new subsection (vii), as follows:
"vii. Will fully comply with all other requirements
of the City's Code of Ordinances, including any
applicable requirements and standards for the
issuance of a license or permit to establish and
operate the proposed use in the City of Elk River."
II.
Chapter VI of the Elk River City Code is amended as
follows:
A. Section 603 1S repealed.
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B. A new Section 604 1S hereby added to the City Code,
as follows:
"Section 604 - Solid Waste Facilities.
604.00 - Purpose. The purpose of this Solid Waste
Facility Ordinance is to protect the public health,
safety, and general welfare by 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, by requiring a performance bond and
by establishing penalties for lack of compliance with
the provisions of this ordinance.
604.02 - Definitions. Unless the context clearly
indicates otherwise, the words, combination of words,
terms, or phrases used in this Section 604.00, et
~, shall have the meanings set forth below:
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1.
"Solid Waste" shall mean garbage, refuse, sludge
from a water supply treatment plant or air
containment treatment facility, construction and
demolition debris, and other discarded waste
materials and sludges, in solid, semi-solid,
liquid, or contained gaseous form, resulting
from residential, industrial, commercial,
mining, and agricultural operations, and from
community activities. The term "Solid Waste"
shall include Solid Waste which has been
processed in a Solid Waste Processing Facility,
but shall not include Hazardous Waste; Dangerous
Waste; tires; animal waste used as fertilizer;
earthen fill, boulders, rock; sewage sludge;
solid or dissolved material in domestic sewage
or other common pollutants in water resources,
such as silt, dissolved or suspended solids in
industrial waste water effluence or discharges
which are point sources subject to permits under
Section 402 of the Federal Water Pollution
Control Act, as amended; dissolved materials 1n
irrigation return flows; or source, special
nuclear, or byproduct material as defined by the
Atomic Energy Act of 1954, as amended.
2.
"Hazardous waste" shall mean any refuse, sludge,
or other waste material or combinations of
refuse, sludge, or other waste materials in
solid, semi-solid, liquid, or contained gaseous
form which because of its quantity,
concentration, or chemical, physical, or
infectious characteristics may:
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(a) Cause or significantly contribute to an
lncrease in mortality or an increase in
serious, irreversible, or incapacitating
reversible illness; or
(b) 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, flamables,
oxydizers, poisons, irritants, and corrosives.
Hazardous Waste does not include source, special
nuclear, or byproduct material as defined by the
Atomic Energy Act of 1954, as amended.
Hazardous Wastes shall include all materials
designated as hazardous wastes by or pursuant to
state or federal laws, regulations, or
standards.
3 .
"Dangerous Waste" means waste which would pose a
threat to health or safety, or which may cause
damage to, or materially adversely affect the
operation of any Solid Waste Facility,
including, but not limited to: explosives;
hospital, pathological, and biological wastes;
"nonhazardous industrial wastes" subject to the
"co-disposal" regulations of the Minnesota
Pollution Control Agency; chemicals and
radioactive materials; oil sludges; asbestos In
identifiable quantities; cesspool, domestic
sewage, or other sewage sludge; human or animal
remains; ash; mining wastes; sludges; wastes in
liquid state; toxic refuse of any kind, such as
cleaning fluids, used crank case oils, cutting
oils, paints, acids, caustics, poisons, drugs,
and any other materials that the City shall
determine are harmful or of a dangerous or toxic
nature.
4 .
"Solid Waste Facility" means all property, real
or personal, including negative and positive
easements and water and air rights, which is or
may be needed or useful for the processing or
disposal of waste, and for which processing or
disposal of waste a license is required under
the provisions of this Ordinance. Solid Waste
Facility includes, but is not limited to,
Transfer Stations; Sanitary Landfills; Solid
Waste Processing Facilities, including resource
recovery and waste reduction facilities; and
Waste Burning Facilities, including
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incinerators, boilers and other facilities for
burning processed or unprocessed Solid Waste.
"Solid Waste Processing Facility" means a
facility at which Solid Waste is sorted,
reduced, compressed, shredded, compacted or
composted for purposes of volume reduction or
preparation for recycling, burning, or
landfilling, including resource recovery
facilities, waste reduction facilities, refuse
derived fuel facilities, etc.
6. "Sanitary Landfill" means a Solid Waste Facility
employing a method of disposing of Solid Waste
on or into land by various forms of excavation,
placement, burial, compaction, or covering,
without creating nuisances or hazards to public
health or safety by utilizing the principles of
engineering to confine the Solid Waste to the
smallest practical areas, to reduce it to the
smallest practical volume, and to cover it with
a layer of earth at the conclusion of each day's
operation, or at such more frequent intervals as
may be required by the Minnesota Pollution
Control Agency or the City.
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"Waste Burning Facilities" means any
incinerator, boiler, pyrolator, or other Solid
Waste Facility at which Solid Waste, including
previously processed Solid Waste, is burned for
the purposes of volume and weight reduction or
steam, heat, power, or energy generation,
including boilers and other facilities which
have been converted from other uses to burn
Solid Waste in any form, including refuse
derived fuel.
8. "Transfer Station" means a Solid Waste Facility
at which Solid Waste collected from any source
and is temporarily deposited to await
transportation to another Solid Waste Facility.
9. "Land Pollution" means the presence in or on the
land of any Solid Waste in such quantity, of
such nature and duration, and under such
condition as would affect injuriously any waters
of the state, create air contaminants, or cause
air pollution.
604.04 - Prohibited Activities.
1.
It shall be unlawful for any person, firm, or
corporation to dispose of, process, store or
burn Solid Waste within the City of Elk River
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except at a Solid Waste Facility licensed
pursuant to the provisions of this ordinance.
2.
No Solid Waste Facility shall be located or
operated in the City of Elk River except in
those areas of the City where such uses are
allowed as a permitted or conditional use under
Article IX of the City Code.
3.
No person, firm, or corporation shall dispose
of, process store or burn Dangerous Waste at any
location within the City of Elk River except at
a Solid Waste Facility licensed pursuant to the
provisions of this ordinance, and then only when
specific permission for the disposal,
processing, storage, or burning of a specific
type and quantity of Dangerous Waste has been
granted by the Elk River City Councilor the
City Building and Zoning Administrator.
Temporary storage of Dangerous Waste at Solid
Waste Facilities licensed pursuant to this
ordinance 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 said materials out
of the City for disposal as required by
applicable state and federal laws and
regulations.
4. No Hazardous Waste shall be disposed of,
processed, or burned at any location or facility
in the City of Elk River, including at any Solid
Waste Facility. No Hazardous Waste shall be
stored or used at any location or facility in
the City of Elk River unless specific permission
for the storage or use of a specific type and
quantity of Hazardous Waste has been granted by
the City Councilor the city Building and Zoning
Administrator. Temporary storage of Hazardous
Waste at Solid Waste Facilities licensed
pursuant to this ordinance 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 said
materials out of the City for disposal as
required by applicable state and federal laws
and regulations.
604.06 - License Required. No person shall make nor
allow his land or property under his control to be
used for solid waste management or disposal purposes
except at a Solid Waste Facility for which a license
has been granted by the City Council. For the
purposes of this Ordinance, solid waste management
includes the following specific activities:
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1.
Collection and transportation of Solid Waste;
2.
Construction and operation of Sanitary
Landfills;
3. Construction and operation of Waste Burning
Facilities;
4. Construction and operation of Transfer Stations;
5. Construction and operation of Solid Waste
Processing Facilities.
604.08 - Fees and Costs.
1. Application Fee. The operator of a proposed
Solid Waste Facility to be located within the
City of Elk River shall pay an application fee
to the City in an amount equal to all of the
City's direct costs including, without
limitation, all legal, planning, consulting, and
engineering expenses (including a reasonable
charge for City staff time), incurred in:
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(a) Reviewing and investigating the application
for a license and Conditional Use Permit
for the establishment and operation of the
Facility; and
(b) Preparing the necessary license and
Conditional Use Permit.
The first $1,000 of the application fee shall be
paid to the City at the time the application for
a Solid Waste Facility license is filed. The
balance of the application fee, if any, shall be
paid by the applicant within thirty (30) days of
applicant's receipt of a statement from the City
setting forth the costs incurred by the City and
the amount due from the applicant. The
application fee required by this Section shall
be in lieu of, and not in addition to, any fee
otherwise required to be paid by the Applicant
to the City for the issuance of a conditional
use permit.
2.
Annual License Fee - Any operator of a Solid
Waste Facility within the City of Elk River
shall pay an annual license fee to the City in
an amount equal to all of the City's annual
costs, including, without limitation, all legal,
planning, consulting, engineering, and
inspection expenses (including a reasonable
charge for City staff time), incurred in:
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(a) Monitoring and inspecting the construction
of the facility;
(b) Monitoring and inspecting the facility
following construction and during
operation; and
(c) Administering and enforcing the license and
Conditional Use Permit.
The annual license fee shall be payable within
thirty (30) days following receipt by the
operator of a statement from the City setting
forth the costs incurred by the City in the
immediately preceding year and the amount due
for the license fee. Building permit fees, if
any, paid by the licensee to the City shall be
deducted from the license fee for the year in
which the building permit fees are paid.
3 .
In addition to the application fee and annual
license fees required by sections (1) and (2)
above, any operator of a Solid Waste Facility
within the City of Elk River accepting Solid
Waste and disposing of such waste on land shall
pay a fee of $.15 per cubic yard of Solid Waste
accepted and disposed of to the City of Elk
River, or such other fee as authorized by Minn.
Stat. ~ 115A.921, which fee shall go to the
City's general fund for the purposes of
mitigating and compensating for the local risks,
costs, and other adverse effects of such
facilities.
604.10 - Administrative Procedures and Standards for
Issuance of Solid Waste Facility License.
1 .
Application - Applications to establish or
operate Solid Waste Facilities shall include all
of the information, plans, reports, and other
materials required by this ordinance and shall
be filed with the City Building and Zoning
Administrator. City staff shall conduct such
review and investigation of the Application as
it deems necessary and may retain professional
consultants to assist in this process. If
additional information or materials from the
Applicant are necessary to complete this review
and investigation, the Applicant shall be so
advised and shall provide the additional
information or materials before review of the
application will continue.
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2 .
Council Review - Following completion of the
staff review and investigation staff shall
prepare a report on the Application for review
by the City Council. The Application and staff
report thereon may also be submitted to the City
Planning Commission for review in connection
with the Planning Commission's consideration of
a Conditional Use Permit for the Proposed
facility. The City Council shall review the
application at an open meeting of the Council
and shall evaluate the Application in accordance
with the standards and requirements set forth in
this ordinance.
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3. Council Action and Standards for Approval - The
City Council shall order the issuance of the
requested Solid Waste Facility license only if
it finds and determines that:
(a) All of the minimum requirements set forth
in this ordinance for the establishment of
the proposed facility have been met;
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(b) Any additional requirements or conditions
deemed necessary by the City Council as
provided in this ordinance for the
establishment of the proposed facility have
been met;
(c) The operation of the proposed facility will
fully comply with all of the performance
standards established by this ordinance,
the City'S zoning Ordinance, and the
remaining provisions of the City Code;
(d) The operation of the proposed facility will
fully comply with any additional
performance standards or conditions deemed
necessary and imposed by the City Council
as provided in this ordinance;
(e) All of the requirements of the City's
Zoning Ordinance for the issuance of a
Conditional Use Permit for the proposed
facility have been met and the standards
for issuance of a Conditional Use Permit
set forth in section 900.42(4)(a) have been
met;
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(f) The proposed facility will be so situated,
equipped, operated, and maintained so as to
minimize to the maximum extent possible,
using the best available technology, any
potentially adverse impacts on:
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(i) The environment;
(ii) Ground water quality;
(iii) Persons residing or working In the
area;
(iv) Other land uses and activities in
the area;
(v) The use enjoyment or value of any
neighboring property;
(vi) The public health, safety, and
general welfare.
4. Conditions - The Council, in its discretion, may
impose such specific conditions incident to the
issuance of a Solid Waste Facility license as it
considers necessary:
(a) To satisfy the standards set forth above
and the requirements contained in this
ordinance and the City's zoning Ordinance;
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(b) To promote compatibility with and to
minimize any potential adverse effects upon
adjacent properties, the neighborhood, or
the City;
(c) To protect the public health, safety, and
general welfare;
(d) To avoid traffic congestion or hazard; or
(e) To prevent land, water, or air pollution.
604.12 - Insurance and Bondinq Requirements.
1 .
Unless otherwise provided by the City council,
issuance of a Solid Waste Facility license
pursuant to the provisions of this Ordinance
shall be contingent upon the Licensee furnishing
to the City a surety bond with a surety
acceptable to the City or cash escrow in the
amount of $100,000, or such other higher amount
as the Council in its discretion deems necessary
to protect against potential risks to the public
health, safety, or general welfare in the event
the facility is shut down or otherwise
terminated. The amount so established by the
City shall be equal to the estimated costs of
repairing, cleaning-up, and/or closing the
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facility in the event of a termination or
abandonment by the operator. The bond shall
name the City as obligee and shall be issued by
a surety duly licensed and authorized to
transact corporate surety business in the State
of Minnesota. A condition of such bond shall be
that if the principal fails to obey any of the
requirements or do any of the acts required by
this Ordinance in the operation of the Solid
Waste Facility, or if, for any reason, ceases to
operate or abandons the Solid Waste Facility,
and the City is required to expend any monies or
expend any labor or material to restore, repair,
or clean-up the site to the condition and
requirements as provided by law, the obligor and
the sureties on its bond shall reimburse the
City for any and all expenses incurred to remedy
the failure of the principal to comply with the
ordinance, and that the obligor and its sureties
will indemnify and save the City harmless from
all losses, costs, charges that may occur to the
City because of any default of the obligor under
the terms of his license to operate and the
ordinances of the City.
2.
In addition to the bond to be furnished, the
operator of the facility shall furnish to the
City certificates of insurance issued by
insurers duly licensed with the State of
Minnesota, or approved by the State of Minnesota
as an eligible surplus lines insurer for the
coverage provided, covering public liability,
general liability, automobile liability, loading
and unloading liability, fire liability,
completed operations liability, explosion and
collapse of underground operations liability,
and bodily injury liability in an amount of at
least $500,000 for injury or death of anyone
person in anyone occurrence, and bodily injury
liability in an amount of at least $1,000,000
for injuries or death arising out of anyone
occurrence. Property damage liability shall be
furnished in the amount of at least $600,000 for
anyone occurrence and an unencumbered aggregate
amount of at least $600,000.
3 .
The surety bond and insurance policies required
by this Section 604.12 must remain in full force
and effect at all times during the operation of
the facility. If the required bond and
insurance policies are allowed to lapse, or for
any reason cease to be in effect, the operation
of the facility shall cease immediately.
Operations at the facility shall not be
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restarted until the necessary bond and insurance
policies are in effect and evidence thereof is
provided to the City as required by this section
604.12. Each bond and insurance policy required
for the facility shall contain a clause
providing that said bond or policy shall not be
revoked or terminated, or the coverage
thereunder in any way reduced or limited, until
30 days following notice of the proposed
revocation, termination, reduction, or
limitation to the City. If the bond and
insurance requirements of this section 604.12
are not met in full at all times during the
operation of the facility, the City may
immediately revoke the Solid Waste Facility
license for the facility and order an immediate
cessation of operations at the facility until
these requirements are met.
604.14 - Expiration, Renewal, and Revocation.
1. Expiration - Unless otherwise provided by the
City Council, each license granted pursuant to
the provisions of this Ordinance shall expire on
January 31 of every even-numbered year, unless
sooner revoked.
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2 .
Renewal Application - Application for license
renewal shall be made in writing to the City
Council by November 30 of every odd-numbered
year. The application for renewal shall
include:
(a) A statement of any changes in the
information submitted in the last approved
license application;
(b) A statement as to the amount of Solid Waste
disposed of, stored, processed, or burned
during the 24-month period prior to the
filing of the application; and
(c) A statement of the expected volume of Solid
Waste to be disposed, processed, stored, or
burned in the next 24-month period.
3. Action on Renewal - Renewal of a Solid Waste
Facility license shall not be denied, unless:
(a) A renewal application is not submitted, or
is submitted without the information
required; or
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(b) There is a current violation of the
existing license or of any provision of
this ordinance, the City Code, or any state
or federal law, regulation, or standard
with respect to the facility or the
operation of the facility; or
(c) There have been repeated prior violations
of the terms of the existing license or of
any provision of this ordinance, the City
Code, or any state or federal law,
regulation, or standard with respect to the
facility or the operation of the facility.
If the volume of Solid Waste disposed of,
stored, processed, or burned at the facility is
at the time of renewal exceeding the volumes
originally proposed for the facility, or is
expected within the proposed two-year renewal
period to do so, the City Council may condition
renewal of the license on restricting annual
volumes to those approved in the original
license, if it determines that it is necessary
to do so for the facility to continue to meet
the standards required under this ordinance for
issuance of a license.
4 .
Revocation - Solid Waste Facility licenses
issued under this ordinance may be revoked by
the City Council, and operation of the licensed
facility ordered terminated, if:
(a) There is a current and ongoing violation of
the license or of any provision of this
ordinance, the City Code, or any state or
federal law, regulation, or standard with
respect to the facility or the operation of
the facility; or
(b) There have been repeated prior violations
of the license or of any provision of this
ordinance, the City Code, or any state or
federal law, regulation, or standard with
respect to the facility or the operation of
the facility.
5. Suspension and Revocation Procedures.
(a) Suspension - The City may immediately
suspend a Solid Waste Facility license, and
order the immediate cessation of all
operations at the licensed facility, if the
City determines that there is or has been a
violation as provided in Section
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604.14(4)(a) and (b), and that such
violation results in a clear and imminent
danger to the health and safety of the
City's residents or the public in general.
Such a suspension may not exceed ten (10)
days, unless during that ten (10) day
period the City provides the operator of
the facility with written notice of the
City's intent to consider revocation Qr
<;;Q.nt.inu.e(;:l.!'>llf?P~J'],J:?i()n of the Solid Waste
Facility license for the facility and
schedules a hearing thereon, as provided in
paragraph (b) below, in which case the
suspension shall remain in effect until the
hearing has been held and a decision made
by the City Council with respect to
revocation.
(b) Revocation - If the City determines that
there has been a violation of Section
604.14(4)(a) or (b), the City shall
schedule a hearing to consider revocation
of the Solid Waste Facility license for the
facility involved and shall provide the
operator of the facility with not less than
ten (10) days written notice of the
hearing. The hearing on the proposed
revocation shall be held at an open meeting
of the City Council during which the City
Council shall consider the nature and
extent of the violations and the operator
shall be given the opportunity to be heard.
and to present evidence as to the existence
of a violation, whether the violation has
been cured, and as to what steps have been
taken to insure that prior violations will
not be repeated in the future. The City
Council shall consider the evidence
presented at the hearing and may either
determine whether to revoke the license In
question or may continue the hearing to a
later date to hear further evidence or
consider the matter further. If the
Council determines to revoke the Solid
Waste Facility license for any solid waste
facility, this determination shall be made
by resolution setting forth the Council's
findings.
604.16 - Inspections.
1.
Inspections and performance evaluations of Solid
Waste Facilities shall be made by the City In
such frequency as to ensure consistent
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compliance by the facilities with the provisions
of this Ordinance. The licensee shall be
provided with written and documented notice of
any deficiencies and recommendations for their
corrections. The licensee shall remedy any such
deficiencies within the time specified in the
notice of deficiency.
The operator shall allow the City Building and
Zoning Administrator, or any other authorized or
designated representative of the City or of any
other governmental agency, access to the
facility and the facility premises at any time
during operating hours or at any other time
following reasonable notice for the purpose of
making such inspections as may be necessary to
determine compliance with the requirements of
this Ordinance or any other applicable statute,
ordinance, or regulation. Such access shall be
in accordance with the operators safety
standards and subject to such other limitations
as the City Council deems appropriate with
respect to individual facilities.
3 .
Any violations of this ordinance or of the Solid
Waste Facility license for the facility which
are cited during such inspections shall be
immediately corrected.
604.18 - More Restrictive Conditions. Where the
conditions imposed by any provision 'of this ordinance
are either more restrictive or less restrictive than
comparable conditions imposed by any other provision
of this ordinance or any other provision of the City
Code, applicable law, rule, or regulation, the
provisions which establish the higher standards for
the promotion and protection of the public welfare,
health, and safety shall prevail.
604.20 - Dangerous Wastes.
1. Application to dispose of, store, process, or
burn Dangerous Wastes at a licensed Solid Waste
Facility in the City of Elk River shall be made
to the City Building and Zoning Administrator.
The applicant shall submit such information with
respect to the Dangerous Waste as is required by
the Building and Zoning Administrator, including
any analysis of the Dangerous Waste done by the
Minnesota Pollution Control Agency, and any
additional analysis or information required by
the Building and Zoning Administrator.
2.
The Building and Zoning Administrator may:
16.
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(a) Grant the requested permission to dispose
of, store, process, or burn Dangerous
Waste, subject to such conditions as the
Building and Zoning Administrator deems
appropriate; or
(b) Deny the request, setting forth in writing
the reasons therefor; or
(c) Refer the request to the City Council for
review and decision on the request by the
City Council.
3. A decision of the Building and Zoning
Administrator denying permission to dispose of,
store, process, or burn Dangerous 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.
.
604.22 - Transportation of Solid Waste. The
collection and transportation of Solid Waste,
including transportation to and from Solid Waste
Facilities, shall be performed in accordance with
S~ction 602 of the City Code and Minnesota Rules,
Section 7035.0800.
604.24 - Transfer stations.
1. Prohibited Locations. No transfer stations
shall be located, operated or maintained in any
area of the City other than in those areas where
transfer stations are a permitted or a
conditional use pursuant to the provisions of
Article IX of the City Code.
2. License Required. It is unlawful for any person
to establish, operate, or maintain a Transfer
station without being first licensed to do so by
the City. The application for a license shall
contain the following information:
(a) The name and address of the person
requesting the license;
(b) Location, size, and ownership of the land
upon which the Transfer Station will
operate;
.
(c) The name and address of persons responsible
for actual operation and maintenance of the
Transfer Station;
17.
.
(d) General description of property use in the
immediate vicinity of the Transfer Station;
(e) Anticipated type and source and maximum
volume of Solid Waste which can be stored
at the Transfer Station at anyone time,
and estimated weekly and annual volumes of
Solid Waste which will be received at the
facility.
(f) Complete plans and specifications and
proposed operating procedures for the
Transfer Station;
(g) Plans for the transportation of Solid Waste
to and from the Transfer Station, including
the specific public roadways to be used for
these purposes and the volume of truck
traffic which the Transfer Station will
generate on these roadways;
(h) Rates and charges for use of the Transfer
Station.
.
(i) Such additional information and data as may
be required by the City Building and Zoning
Administrator, the Planning commission, or
the City Council.
3. Minimum Requirements. The following minimum
requirements shall be established, constructed,
provided, and maintained at the Transfer Station
site:
(a) Information Display. Subject to the
approval of the City Council, a sign shall
be posted on the premises indicating the
station name, the schedule of days and
hours it is to be open to the public, and
the price(s) for its use.
(b) Road Construction and General Landscaping.
Roads on the premises shall be all weather
surfaced. The premises shall be
constructed and landscaped in such a manner
as to be compatible with adjacent uses and
aesthetically pleasing in appearance.
Adequate vehicle stacking facilities must
be provided to ensure that no vehicle
desiring to enter the site will have to
wait outside the site.
.
(c) Security. The Transfer station shall be
fenced and a gate shall be provided at the
18.
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entrance to the site and kept locked when
an attendant is not on duty;
(d) Sanitary and Safety Facilities. Adequate
sanitary facilities, shelter for personnel,
and safety equipment shall be provided on
the premises.
(e) Recordkeeping. Records approved by the
City council shall be maintained indicating
the type and quantity of solid waste
passing through the Transfer Station.
(f) Minimal Interference with Other Activities.
The Transfer station shall be so situated,
equipped, operated, and maintained as to
minimize impacts on and interference with
other land uses and activities in the area.
(g) Protection of the Public Health, Safety,
and General Welfare. The Transfer station
shall be so situated, equipped, operated,
and maintained so as to minimize to the
maximum extent possible, using the best
available technology, any potential adverse
impact on the public health, safety, and
general welfare.
.
(h) Additional Conditions. The city council
may, in its discretion, specify additional
minimum requirements and conditions for the
operation of Transfer Stations which shall
be complied with as a condition for the
issuance and renewal of a license.
4. Performance Standards. Transfer Station
licensees shall comply with the following
performance standards:
(a) Hazardous Waste Prohibited. No Hazardous
Wastes shall be deposited at any Transfer
Station within the City of Elk River;
(b) Danqerous Wastes Prohibited. No Dangerous
Wastes shall be deposited at any Transfer
Station within the city of Elk River;
(c) Hours of operation. All operations at
Transfer stations within the city of Elk
River shall be conducted between the hours
specified by the city council in the
facility license;
.
19.
.
(d) Waste Removal and Cleanup. When stated in
and as a part of the license, the operator
shall insure that all solid waste is taken
away from the facility and that the
facility is washed, cleaned, and
disinfected at the end of each day of use.
(e) Orderly Maintenance. The premises,
entrances, and exits shall be maintained in
a clean, neat, and orderly manner at all
times. Litter control devices shall be
provided as necessary.
(f) Traffic Control. All incoming and outgoing
vehicles shall be controlled by the
licensee in such a manner as to provide
orderly and safe ingress and egress and to
avoid adverse impacts on adjacent roadways.
.
(g) Nuisance Control. Measures to control
rodents, flies, odors, dust, wind blown
material, and other potential public
nuisances shall be adequate to prevent or
eliminate any public nuisance. Should the
City so prescribe, the licensee at his own
expense shall engage an exterminator or a
pest control agent to inspect the Transfer
station on at least a monthly basis. A
copy of each inspection report shall be
sent to the city immediately upon its
receipt by the Licensee;
(h) Unloading. All unloading of solid waste
from contributing vehicles shall be
conducted in such a manner as to eliminate
odor and litter outside the Transfer
Station.
(i) Compliance with Zoninq Ordinance
Performance Standards. The operation of a
Transfer Station shall fully comply with
the provisions of Chapter IX of the City
Code, including specifically section 900.28
thereof relating to performance standards
for industrial uses.
.
(j) Council Requirements. The City council, at
the time of issuance of the Solid Waste
Facility license for the operation of a
Transfer station, may modify any of the
provisions of this section, or impose
additional requirements, if it finds the
plan of operation or other information
submitted with the application or other
20.
.
factors make the imposition of additional
standards or requirements necessary to
protect and safeguard the public health,
safety, and general welfare.
604.26 - sanitary Landfills.
1. Prohibited Areas. No Sanitary Landfill shall be
located, operated, or maintained in any area of
the city other than in those areas where
Sanitary Landfills are a permitted or a
conditional use pursuant to the provisions of
Article IX of the city Code. Waste disposal
areas within a sanitary landfill are prohibited
within the following areas:
(a) 1,000 feet from the normal high water mark
of a lake, pond, or flowage;
(b) 300 feet from a stream;
(c) A regional flood plain (100 year flood);
(d) A Wetland;
.
(e) 1,000 feet of the nearest edge of the right
of way of any state, federal, or interstate
highway or boundary of a public park or of
an occupied dwelling. permission may be
granted to vary the distance requirements
of subsection (e) in the discretion of the
city Council, taking into consideration
such factors as dust, noise, litter, and
other aesthetic and environmental
considerations.
(f) Locations considered hazardous because of
proximity to airports.
(g) An area which is unsuitable because of
reasons relation to topography, geology,
hydrology, soils, air quality, or proximity
to wells used for potable water supply.
2 .
License Required. It is unlawful for any person
to establish, operate, or maintain a Sanitary
Landfill without first being licensed to do so
by the City. Application for a solid Waste
Facility license to permit the operation of a
Sanitary Landfill shall be made in writing to
the city and delivered to the city Building and
zoning Administrator. The following information
shall be submitted as a part of the application:
.
21.
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(a) The name and address of the person
requesting the license;
(b) The name and address of the owner of the
proposed Sanitary Landfill site;
(c) The name and address of persons responsible
for actual operation and maintenance of the
Sanitary Landfill;
(d) The exact legal description and acreage of
the property to be used for the Sanitary
Landfill;
(e) A site analysis in the form required by
Minnesota Rules, section 7035.1800(B)(2);
(f) An existing conditions plan in the form
required by Minnesota Rules, section
7035.1800(C)(1) which shall, in addition,
show the location of any existing wells;
(g) A development plan of the site in the form
required by Minnesota Rules section
7035.1800(C)(2);
.
(h) A cross sections plan in the form required
by Minnesota Rules section 7035.1800(C)(3);
(i) An ultimate land use plan in the form
required by Minnesota Rules, section
7035.1800(C)(4), which shall also include
the location and species of vegetation to
be replanted and the location and nature of
any structures to be erected in relation to
the ultimate land use plan;
(j) A soil erosion and sediment control plan;
(k) A plan for dust, litter, and noise control;
(1) A full and adequate description of all
phases of the proposed operation to include
an estimate of the duration of the
operation;
(m) A plan for fire, nuisance, and vermin
control;
(n) Estimated weekly and annual volume of solid
waste to be disposed of in the Sanitary
Landfill;
.
22.
.
(0) A plan describing the financial mechanisms
which will assure the City that there will
be funds to properly close the Landfill and
to provide for long term monitoring and
maintenance of the landfill site following
closure and to provide for long term
liability coverage after the landfill is
closed for third party personal injury and
property damage and for the protection of
environmental quality;
(p) A plan or submittal of assurances to the
City satisfactorily addressing the issue of
long-term roadway maintenance during the
operations tenure on those routes providing
primary landfill site access;
(q) A report indicating:
(1) Population and areas expected to be
served by the proposed Sanitary
Landfill;
(2) Anticipated type, quantity, and source
of material to be disposed of at the
site;
.
(3) Geological formations and groundwater
elevations to a depth of at least ten
feet below proposed excavation at the
lowest elevation of the site,
including the immediate ground water
table. Such data shall be obtained by
soil borings or other appropriate
means;
(4) The source and permeability
characteristics of cover materials to
be utilized and methods for protecting
cover material for winter operations;
(5) Type and amount of equipment to be
provided at the site for excavating,
earth moving, spreading, compacting,
and other needs;
(6) Proposed operating procedures,
including consideration of each item
identified in Minnesota Rules, Section
7035.1700.
.
(r) Such additional information and data,
including any additional environmental
analysis, as may be required by the City
23.
.
.
.
Building and Zoning Administrator, the
Planning Commission, or the City Council.
3 .
Minimum Requirements. The following minimum
requirements shall be established, constructed,
provided and maintained at the sanitary Landfill
site:
(a) Protection of the Public Health, Safety,
and General Welfare. The Sanitary Landfill
shall be so situated, equipped, operated,
and maintained so as to minimize to the
maximum extent possible, using the best
available technology, any potentially
adverse impact on the public health,
safety, and general welfare.
(b) Minimal Interference with Other Activities.
The sanitary Landfill shall be so situated,
equipped, operated, and maintained so as to
minimize impacts on and interference with
other land uses and activities in the area.
(c) Leachate Collection Systems. All Sanitary
Landfills shall be equipped with a liner
and leachate collection system adequate to
collect all leachate which may be generated
at the site. The City Council shall also
require leachate collection systems for
existing solid waste deposits if, in its
sole discretion, it is determined to be
necessary for the protection of the public
health, safety, and general welfare.
Leachate collected shall not be disposed of
in the City of Elk River, or in the Elk
River Sewer System or sewage treatment
plant, unless specific permission to do so
is granted by the City.
(d) Sanitary Facilities. Sanitary facilities
and shelter shall be provided for site
personnel;
(e) Litter Control. Litter control devices,
such as portable and permanent fences shall
be provided;
(f) Electrical Service. Adequate electrical
service shall be provided at the site for
operations and repairs;
(g) Fire Equipment. Fire fighting facilities
on site adequate to ensure the safety of
the public and employees;
24.
.
(h) Safety Equipment. Emergency first aid
equipment to provide adequate treatment for
accidents, including those resulting from
hazardous and toxic wastes;
(i) Water. A potable water supply for site
personnel;
(j) Storage. Shelter for maintenance and
storage of site operations equipment;
(k) Vehicle stacking Facilities. Adequate
vehicle stacking facilities must be
provided to ensure that no vehicle desiring
entry into the site shall have to wait
outside the perimeter of the Sanitary
Landfill site;
(1) Communication. Adequate communication
facilities shall be provided for emergency
purposes;
(m) Security. The site shall be fenced and a
gate shall be provided at the entrance to
the site and kept locked when an attendant
is not on duty;
.
(n) Haul Roads. An all-weather haul roads
shall be provided to the unloading area;
(0) Adequate Equipment. Equipment sufficient
for spreading, compacting, and covering
operations to include sufficient reserve
equipment or arrangements to immediately
provide for equipment during periods of
breakdown;
(p) Information Display. Subject to approval
by the City council, the licensees shall
erect and maintain at each entrance to the
site a sign stating the name of the
facility, the schedule of days and hours
the facility is open to the public, prices
for use of the facility, the Minnesota
Pollution Control Agency permit number and
the penalty for nonconforming dumping.
(q) Water Quality Monitoring. An appropriate
ground and surface water quality monitoring
system shall be provided at the licensee's
expense;
.
25.
.
(r) Screening. Visual screening of the
Sanitary Landfill site, as approved by the
City Council, shall be provided by the use
of natural objects, trees, plants, seeded
soil berms, fences, and other suitable
means;
(s) Drop-off Points. Suitable and safe
disposal areas, as determined by the City,
shall be provided in the Sanitary Landfill
for individuals who wish to transport and
dispose of their own Solid Waste;
(t) Additional Conditions. The City Council
may, in its discretion, specify additional
minimum requirements and conditions for the
operation of Sanitary Landfills which shall
be complied with as a condition for the
issuance and renewal of a license.
4. Performance Standards. A person who has been
granted a license by the City Council to operate
a Sanitary Landfill shall comply with the
following performance standards:
.
(a) Hazardous Wastes Prohibited. No Hazardous
Wastes shall be disposed of in any Sanitary
Landfill within the City of Elk River;
(b) Dangerous Wastes. No Dangerous Wastes
shall be disposed of at any sanitary
Landfill within the City of Elk River,
unless and until permission to do so has
been requested and obtained from the City
as provided in this ordinance;
(c) Incorporation of State Standards. Every
Sanitary Landfill located within the City
of Elk River shall comply with the required
practices for maintenance and operation of
landfills set forth in Minnesota Rules
Section 7035.1700;
(d) Compliance With Zoning Ordinance
Performance Standards. The operation of
all Sanitary Landfills within the City of
Elk River shall full comply with the
performance standards and other
requirements of Chapter IX of the Elk River
City Code, including specifically Section
900.28 thereof relating to performance
standards for industrial uses;
.
26.
.
(e) Hours of Operation. All operations at
Sanitary Landfills within the City of Elk
River shall be conducted between the hours
specified by the City Council in the
license for the facility;
(f) Public Nuisance Control. Measures to
control rodents, flies, odors, dust,
windblown material, and other potential
public nuisances, shall be adequate to
prevent or eliminate any public nuisance.
Should the City so prescribe, the licensee
at his own expense shall engage an
exterminator or pest control agent to
inspect the landfill on at least a monthly
basis. A copy of each inspection report
shall be sent to the City immediately upon
its receipt by the licensee;
(g) Traffic control. All incoming and outgoing
vehicles shall be controlled by the
licensee in such a manner as to provide
orderly and safe ingress and egress and to
avoid adverse impacts on adjacent roadways.
.
(h) Supervision. An attendant shall be on duty
at the site at all times while it is open
for public use. Unloading of refuse shall
be continuously supervised at the working
face of the landfill;
(i) Council Requirements. The City Council, at
the time of issuance of the Solid Waste
Facility license for the operation of the
Sanitary Landfill, may modify any of the
provisions of this section, or impose
additional requirements, if it finds the
plan of operation or other information
submitted with the application or other
factors make the imposition of additional
standards or requirements necessary to
protect and safeguard the public health,
safety, and general welfare.
.
(j) Operatinq 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
27.
.
volume and location of the disposal of
Dangerous 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.
(k)
Recording. A detailed description of the
location of the completed sanitary Landfill
site shall be recorded with the County
Register of Deeds within one month after
approval of the closure of the landfill.
This description shall include the general
type and location of deposited Solid Waste,
the location of phased or staged disposal
of wastes, the type and number of lifts,
original and final terrain descriptions,
site hydrogeologic conditions, and other
pertinent characteristics of the completed
sanitary landfill site.
604.28 - Waste Burninq Facilities.
1 .
Prohibited Areas. No Waste Burning Facility
shall be located, operated, or maintained in any
area of the City other than in those areas where
Waste Burning Facilities are a permitted or a
conditional use pursuant to the provisions of
Chapter IX of the City Code.
.
2. License Required. It is unlawful for any person
to construct, establish, maintain or operate a
Waste Burning Facility having a capacity greater
than 2,000 pounds per hour (including
incinerators, boilers, or other facilities which
have been converted from other uses for use to
burn processed or unprocessed Solid Waste),
without first being licensed to do so by the
City. Application for a Solid Waste Facility
license to permit the operation of a Waste
Burning Facility shall be made in writing to the
City and delivered to the City Building and
Zoning Administrator. The following information
shall be submitted as a part of the application:
(a) The name and address of the person
requesting the license;
(b) The name and address of the owner of the
proposed Waste Burning Facility;
.
28.
.
(c) The name and address of the person
responsible for actual operation and
maintenance of the proposed Waste Burning
Facility;
(d) The street address and legal property
description of the property on which the
Waste Burning Facility is located or is
proposed to be located;
(e) The present and future population and areas
expected to be served by the proposed Waste
Burning Facility;
(f) The characteristics, quantities, and
sources of Solid Waste to be burned at the
Waste Burning Facility, including estimated
weekly and annual volume of Solid Waste to
be burned;
(g) A plan showing the land uses and zoning,
and the location, type, and height of all
buildings, within 1,000 feet of the
proposed Waste Burning Facility;
.
(h) A minimum of two sets of plans and
specifications prepared by a Minnesota
registered engineer clearly indicating the
construction which will be undertaken;
(i) An engineering report including
incinerator, furnace, or boiler design
criteria and expected performance data
including detailed information on
particulate and gaseous emissions to be
emitted by the Waste Burning Facility;
(j) A full and adequate description of proposed
operating procedures for the Waste Burning
Facility, including:
(1) All steps which will be taken to
ensure that any Solid Waste brought to
the Waste Burning Facility is entirely
contained in the facility and that
operation of the facility will not
result in any Land Pollution; and
.
(2) All safety measures and precautions
which will be taken with respect to
the burning process, including a plan
for fire, nuisance, and vermin
control;
29.
.
.
.
(3) A plan for litter, nOlse and dust
control;
(k) Plans for the transportation of solid waste
to the waste burning facility and for the
transportation of ash and other residue
away from the facility, including specific
public and private roadways to be utilized
for these purposes and the volume of truck
traffic which the waste burning facility
will generate on these roadways;
(1) specific plans for the disposal of ash and
other residue from the waste burning
process, and for the emergency disposal of
solid waste in the event of a facility
shutdown or breakdown, including the
identification of any Sanitary Landfill
located within the city of Elk River
proposed to be used for disposal of ash or
other residue or for the emergency disposal
of Solid Waste;
(m) Such additional information and data as may
be required by the city Building and zoning
Administrator, the Planning commission, or
the city Council.
3 .
Minimum Requirements. The following mlnlmum
requirements shall be established, constructed,
provided, and maintained for the Waste Burning
Facility:
(a) Protection of the Public Health, Safety,
and General Welfare. The Waste Burning
Facility shall be so situated, equipped,
operated, and maintained so as to minimize
to the maximum extent possible, using the
best available technology, any potential
adverse impacts on the public health,
safety, and general welfare.
(b) Minimal Interference with other Activities.
The Waste Burning Facility shall be so
situated, equipped, operated, and
maintained so as to minimize impacts on and
interference with other land uses and
activities in the area.
(c) Emission Control Equipment. The Waste
Burning Facility shall be equipped with the
best available technology for controlling
particulate and gaseous emissions. The
city council may require that specific
30.
.
emission control equipment be provided,
including, without limitation, bag houses,
scrubbers, and electrostatic precipitators,
if, in its sole discretion, such equipment
is determined to be necessary to protect
the health, safety, and general welfare of
the community.
(d)
Shelter and Sanitation. Shelter and
sanitary facilities shall be available for
plant personnel.
(e)
Information Display. Subject to approval
by the City Council, the licensee shall
erect and maintain at each entrance to the
Facility a permanent sign stating the name
of the Facility, the Minnesota Pollution
Control Agency permit number of the
Facility, and indicating the hours and days
the plant is open for public use. Access
to the plant shall be limited to those
times when authorized personnel are on
duty.
.
(f) Unloading. All incoming Solid Waste to be
burned at the Facility shall be confined to
the unloading area. Adequate capacity
shall be provided. No solid waste shall be
stored except in enclosed areas. Litter
control devices, as necessary, shall be
provided in unloading areas and other areas
of the Facility.
(g) Dust and Odor Control. Facilities shall be
designed to provide for dust and odor
control in unloading and charging areas.
(h) Weiqhinq Facilities. Waste burning
facilities shall, if required by the City
Council, have weighing facilities
available. Permanent records shall be
maintained indicating the total weight of
material burned, the total quantity of
resulting residues, and the total hours of
plant operation. These records shall be
available for inspection upon request by
the City.
.
(i) Fire Equipment. Fire fighting equipment,
meeting the standards of Underwriters
Laboratory, Inc., or other approved,
nationally recognized safety standards,
shall be available in the storage and
charging areas and elsewhere as needed.
31.
.
(j) Fire Protection. Arrangements shall be
made with the local fire protection agency
to provide fire fighting forces in an
emergency.
(k) Emerqency Communication. Adequate
communication facilities shall be provided
for emergency purposes.
(1) Cleaninq Equipment. Equipment shall be
provided in the storage and charging areas
and elsewhere as needed to allow cleaning
after each day of operation or as may be
required in order to maintain the facility
in a sanitary condition.
(m) Safety Equipment. The charging openings,
as well as all equipment throughout the
plant, shall be provided with safety
equipment.
.
(n) Vehicle Stackinq Facilities. Adequate
facilities must be provided to ensure that
no vehicle desiring entry into the site
will have to wait outside the perimeter of
the Waste Burning Facility site;
(0) Security. The Waste Burning Facility shall
be fenced or otherwise secured and a gate
shall be provided at the entrance to the
site and kept locked when an attendant is
not on duty;
(p) Landscapinq. The Waste Burning Facility
shall be landscaped in such a manner as to
be compatible with adjacent uses and
aesthetically pleasing in appearance.
(q) Additional Conditions. The City Council
may, in its discretion, specify additional
minimal requirements and conditions for the
operation of Waste Burning Facilities which
shall be complied with as a condition for
the issuance and renewal of a license.
4. Performance Standards. A person who has been
granted a license by the the City Council to
operate a Waste Burning Facility shall comply
with the following performance standards:
.
(a) Hazardous Waste Prohibited. No Hazardous
Wastes shall be burned or stored at any
Waste Burning Facility located in the City
of Elk River.
32.
.
(b) Dangerous Wastes. No Dangerous Wastes
shall be burned at any Waste Burning
Facility in the City of Elk River, unless
and until permission to do so has been
sought and obtained from the City as
provided in this Ordinance.
(c) Compliance With Zoninq Ordinance
Performance Standards. The operation of a
Waste Burning Facility shall fully comply
with the provisions of Chapter IX of the
City Code, including specifically Section
900.28 thereof relating to performance
standards for industrial uses.
(d) Hours of Operation. All operations at
Waste Burning Facilities within the City of
Elk River shall be conducted between the
hours specified by the City Council in the
license for the facility;
.
(e) Combustion Performance. Combustion
performance at Waste Burning Facilities
shall conform to all applicable regulations
of the Minnesota Pollution Control Agency
(MPCA) now or hereafter adopted, and to the
design and performance specifications set
forth in the application materials for the
facility and approved by the City, to
produce satisfactory residue and to result
in as odor-free and pollution-free an
operation as is feasible. Copies of all
records and reports prepared by the
operator or licensee and transmitted to the
MPCA shall be transmitted to the City if
requested by the City.
.
(f) Residue Disposal. All Solid Waste residue
removed from the Waste Burning Facility
shall be promptly disposed of in a manner
that will prevent nuisances, land
pollution, and public health hazards.
Residue containing combustible material
shall be disposed of in a Sanitary Landfill
as permitted by the City and the license
for the Waste Burning Facility. Solid
Waste Ash and other residue from Waste
Burning Facilities shall not be disposed of
in any Sanitary Landfill located within the
City of Elk River, unless specific
permission to do so has been obtained from
the city Council. The City Council may
restrict the disposal at any Sanitary
Landfill located within the City of ash,
33.
.
residue, or unburned Solid Waste which has
been generated outside of Sherburne County.
(g) Orderly Maintenance. The premises,
entrance and exits of all Waste Burning
Facilities shall be maintained in a clean,
neat, and orderly manner at all times.
(h) Nuisance Control. Measures to control
rodents, flies, odors, dust, wind blown
material, and other potential public
nuisances, shall be adequate to prevent or
eliminate any public nuisance. Should the
City so prescribe, the licensee at his own
expense shall engage an exterminator or
pest control agent to inspect the Waste
Burning Facility on at least a monthly
basis. A copy of each inspection report
shall be sent to the City immediately upon
its receipt by the licensee.
(i) Inspection. Upon completion of the Waste
Burning Facility and prior to initial
operation, the City shall be notified to
allow personnel of the city to inspect the
Facility both prior to and during
operation.
.
(j) Performance Testing. Performance testing
of the Waste Burning Facility shall be
required by the City Council. The City
Council shall determine the type and
frequency of performance tests to be
provided in the license for each facility.
A report covering the results of the
performance test in each case shall be
prepared by the design engineer of the
Facility and submitted to the City with a
copy of all supporting data.
(k) Traffic Control. All incoming and outgoing
traffic shall be controlled by the licensee
in such a manner as to provide orderly and
safe ingress and egress and so as not to
impede or interfere with general traffic.
All roads used for traffic to and from the
Facility shall be all-weather hard
surfaced.
.
(1) Council Requirements. The City Council, at
the time of issuance of the Solid Waste
Facility license for the operation of the
Waste Burning Facility may modify any of
the provisions of this section, or impose
34.
.
additional requirements, if it finds the
plan of operation or other information
submitted with the application or other
factors make the imposition of additional
requirements or standards necessary to
protect and safeguard the public health,
safety, and general welfare.
604.30 - Solid Waste processinq Facilities.
1. Prohibited Areas. No Solid Waste processing
Facility shall be located, operated or
maintained in any area of the City of Elk River
other than those areas where Solid Waste
Processing Facilities are a permitted or a
conditional use pursuant to Chapter IX of the
Elk River City code, nor shall such facilities
be allowed to locate within:
(a) A regional flood plain (100 year old
flood);
(b) A wetland;
.
(c) Within 500 feet of the nearest edge of the
right of way of any state, federal, or
interstate highway or the boundary of a
public park or of an occupied dwelling.
permission may be granted to vary the
distance requirement of this subsection (c)
in the discretion of the City Council,
taking into consideration such factors as
noise, dust, litter, and other aesthetic
and environmental considerations;
(d) An area which is unsuitable because of
reasons relating to topography, geology,
hydrology, soils, air quality, or proximity
to wells used for potable water supply.
2. License Required. It is unlawful for any person
to construct, establish, operate, or maintain a
Solid Waste Processing Facility (including a
resource recovery facility, a waste reduction
facility, a refuse derived fuel facility, etc.),
without first being licensed to do so by the
City. Application for a Solid Waste Facility
license to operate a Solid Waste Processing
Facility shall be made in writing to the City
and delivered to the City Building and zoning
Administrator. The application shall contain
the following information:
.
(a) The name and address of the person
requesting the license;
35.
.
(b) The name and address of the owner of the
proposed Solid Waste Processing Facility;
(c) The name and address of the person
responsible for actual operation and
maintenance of the proposed Solid Waste
Processing Facility;
(d) The street address and legal property
description of the property on which the
Solid Waste Processing facility is proposed
to be located;
(e) The present and future population and areas
expected to be served by the proposed Solid
Waste Processing Facility;
(f) The characteristics, quantities, and
sources of Solid Waste to be processed at
the Solid Waste Processing Facility;
(g) A minimum of two sets of plans and
specifications prepared by a registered
engineer of Minnesota clearly indicating
the construction which will be undertaken;
.
(h) A plan showing the land uses and zoning,
and the location, type, and height of all
buildings, within 1,000 feet of the
proposed Solid Waste Processing Facility;
(i) An engineering report including design
criteria and expected performance data
detailing the proposed operating procedures
for the Solid Waste Processing Facility,
including:
(1) All steps which will be taken to
ensure that any Solid Waste brought to
the Solid Waste Processing Facility is
entirely contained in the facility and
that operation of the facility will
not result in any Land Pollution; and
(2) All safety measures and precautions
which will be taken with respect to
the processing facility;
(3) A plan for dust, litter, and nOlse
control;
.
(j) Plans for the transportation of solid waste
to and from the facility, including
specific public and private roadways to be
36.
.
.
.
utilized for these purposes and the volume
of truck traffic which the Solid Waste
Processing Facility will generate on these
roadways;
(k)
Specific plans for the disposal of Solid
Waste and Hazardous or Dangerous 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 of Elk River 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;
( 1 )
Such additional information and data as may
be required by the city Building and Zoning
Administrator, the Planning Commission, or
the City Council.
3 .
Minimum Requirements. The following minimum
requirements shall be established, constructed,
provided, and maintained for the Solid Waste
processing facility:
(a) Protection of the Public Health, Safety,
and General Welfare. The Solid Waste
Process Facility shall be so situated,
equipped, operated, and maintained so as to
minimize to the maximum extent possible,
using the best available technology, any
potential adverse impact on the public
health, safety, and general welfare.
(b) Minimal Interference With other Activities.
The Solid Waste Processing Facility shall
be so situated, equipped, operated, and
maintained so as to minimize impacts on and
interference with other land uses and
activities in the area.
(c) Pollution Control Equipment. The Solid
Waste Processing facility shall be equipped
with the best available technology for
controlling wash water, leachate, and other
potential pollutants. The City Council may
require that specific pollution and control
equipment be provided if, in its sole
discretion, such equipment is necessary to
protect the health, safety, and general
welfare of the community.
37.
.
(d) Shelter and Sanitation. Shelter and
sanitary facilities shall be available for
plant personnel.
(e) Information Display. Subject to approval
by the City Council, the licensee shall
erect and maintain at each entrance to the
facility a permanent sign stating the name
of the facility, the Minnesota Pollution
Control Agency Permit No. of the facility
and indicating the hours and days the plant
is open for public use. Access to the
plant shall be limited to those times when
authorized personnel are on duty.
(f) Unloading. All incoming Solid Waste to be
processed at the facility shall be confined
to the unloading area. Adequate capacity
shall be provided. No processed or
unprocessed solid waste shall be stored
except in fully enclosed areas, except that
recovered metals may be stored in open top
trailers. Litter control devices, as
necessary, shall be provided in unloading
areas and other areas of the facility.
.
(g) Dust and Odor Control. Facilities shall be
designed to provide for dust and odor
control in unloading and processing areas.
(h) Weiqhinq Facilities. Solid Waste
Processing Facilities shall have weighing
facilities available. Permanent records
shall be maintained indicating the total
weight of material processed, the total
quantity of resulting processed waste, and
total hours of plant operations. These
records shall be available for inspection
upon request by the City.
(i) Fire Equipment. Fire fighting equipment,
meeting the standards of Underwriters
Laboratory, Inc., or other approved,
nationally recognized safety standards,
shall be available in the unloading and
storage areas and elsewhere as needed.
(j) Fire Protection. Arrangements shall be
made with the local fire protection agency
to provide fire fighting forces in an
emergency.
.
38.
.
(k) Emergency Communication. Adequate
communication facilities shall be provided
for emergency purposes.
(1) Cleaninq Equipment. Equipment shall be
provided in the unloading and storage areas
and elsewhere as needed to allow cleaning
after each day of operation or as may be
required in order to maintain the facility
in a sanitary condition.
(m) Safety Equipment. The Solid Waste
Processing facility shall be provided with
safety equipment as necessary and required
by the City Council.
(n) Vehicle Stacking Facilities. Adequate
facilities must be provided to ensure that
no vehicle desiring entry into the Solid
Waste Processing Facility during permitted
receiving hours will have to wait outside
the perimeter of the Processing Facility
site.
.
(0) Security. The site shall be fenced and a
gate shall be provided at the entrance to
the site and kept locked when an attendant
is not on duty.
(p) Landscaping. The Solid Waste Processing
Facility premises shall be landscaped in
such a manner as to be compatible with
adjacent uses and aesthetically pleasing in
appearance.
(q) Additional Conditions. The City Council
may, in its discretion, specify additional
minimum requirements and conditions for the
operation of Solid Waste Processing
facilities which shall be complied with as
a condition for the issuance and renewal of
a license.
4. Performance Standards. A person who has been
granted a license by the City Council to operate
a Solid Waste Processing facility shall comply
with the following performance standards:
.
(a) Hazardous Waste Prohibited. No Hazardous
Waste shall be processed at any Solid Waste
Processing Facility within the City of Elk
River. Hazardous Wastes deposited at a
Solid Waste Processing facility shall be
segregated by the operator of the facility
and disposed of as provided by state law.
39.
.
(b) Danqerous Wastes. No dangerous wastes
shall be processed in any Solid Waste
Processing Facility within the City of Elk
River. Dangerous Waste deposited at a
Solid Waste Processing Facility shall be
disposed of by the operator of the facility
as required by state law.
(c) compliance with Zoninq Ordinance
Performance Standards. The operation of
all Solid Waste processing facilities
within the City of Elk River shall fully
comply with performance standards and other
requirements of Chapter IX of the Elk River
City Code, including specifically
Section 900.28 thereof relating to
performance standards for industrial uses.
(d) Hours of Operation. All operations at
Solid Waste processing facilities within
the city of Elk River shall be conducted
between the hours specified by the City
Council in the license for the facility.
.
(e) Safe Operation. The Solid Waste Processing
facility shall be operated in a manner so
as to insure the safest possible operation.
The City shall be notified immediately upon
the release or spill of any hazardous
materials at the facility, or of any other
dangerous condition at the facility.
( f )
Orderly Maintenance.
entrance and exits of
Processing facilities
in a clean, neat, and
times.
The premises,
all Solid Waste
shall be maintained
orderly manner at all
(g) Nuisance Control. Measures to control
rodents, flies, odors, dust, wind blown
material, and other potential public
nuisances shall be adequate to prevent or
eliminate any public nuisance. Should the
City so prescribe, the licensee at his own
expense shall engage an exterminator or
pest control agent to inspect the solid
waste processing facility on at least a
monthly basis. A copy of each inspection
report shall be sent to the City
immediately upon its receipt by the
licensee.
.
40.
.
(h) Inspection. On completion of the Solid
Waste Processing facility and prior to
initial operation, the City shall be
notified to allow personnel of the city to
inspect the facility both prior to and
during operation.
(i) Performance Testinq. Performance testing
of the Solid Waste processing facility may
be required by the City Council. The city
Council shall determine the type and
frequency of performance testing to be
provided in the license for each facility.
A report covering results of the
performance test in each case shall be
prepared by the design engineer of the
facility and submitted to the City with a
copy of all supporting data.
(j) Traffic Control. All incoming and outgoing
traffic shall be controlled by the licensee
in such a manner as to provide orderly and
safe ingress and egress and so as not to
impede or interfere with general traffic.
All roads used for traffic to and from the
facility shall be all weather hard
surfaced.
.
(k) Solid Waste Disposal. All Solid Waste
processed in the Solid Waste processing
facility shall be promptly moved from the
facility and disposed of in a manner that
will prevent nuisances, land pollution, and
public health hazards, and as allowed by
the City Council. The City Council may
restrict the disposal at any sanitary
Landfill located within the City of
processed or unprocessed Solid Waste
deposited at the Solid Waste Processing
facility which has been generated outside
of the Sherburne County.
(1) Washwater. All truck and facility
washwater shall be captured and retained
and not enter the area surface or ground
water system. No washwater shall be
delivered to the City's sewage treatment
plant or introduced into the City's sewer
system unless and until specific permission
to do so is granted by the City. The City
will require testing of washwater before
allowing disposal in the City sewer system.
.
41.
.
(m) Council Requirements. The City Council, at
the time of issuance of the Solid Waste
Facility license for the operation of the
Solid Waste Processing facility, may modify
any of the provisions of this section, or
impose additional requirements, if it finds
the plan of operation or information
submitted with the application or other
factors make the imposition of additional
requirements or standards necessary to
protect and safeguard the public health,
safety, and general welfare.
604.32 - Variances. Upon written application of the
licensee or operator, the City Council may grant
variances from the requirements of the regulations
and standards prescribed by this Ordinance in order
to promote the effective and reasonable application
and enforcement of the provisions of this Ordinance.
Solid Waste Facilities in existence at the time of
the enactment of this Ordinance, and the operation of
such facilities, shall conform to the provisions of
this 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 under this section to
continue operations. A request for this kind of
variance shall be accompanied by a plan and time
schedule for compliance with the provisions of this
Ordinance.
.
604.34 - Enforcement.
1. Violations. Any person, firm, corporation, or
other legal entity shall be guilty of a
violation of this ordinance if that person,
firm, corporation, or other legal entity:
(a) Violates any of the specific terms,
conditions, requirements, standards, or
prohibitions set forth in this ordinance;
or
(b) Violates any term, condition, requirement,
standard, or prohibition set forth in a
Solid Waste Facility license issued
pursuant to this ordinance; or
.
(c) Fails to provide to the City any
information, report, notification, or other
item required to be provided by the terms
of this ordinance or any license issued
hereunder; or
42.
.
(d) Intentionally or negligently provides to
the City any inaccurate information,
report, notification, or other item
required to be provided by this ordinance
or any license issued hereunder; or
(e) Permits a violation of this ordinance to
exist on premises under their control; or
(f) Fails to notify the City immediately of any
violation of this ordinance which exists at
a facility licensed pursuant to this
ordinance.
2. Misdemeanor. Any person within the City of Elk
River who violates this Ordinance, or who shall
permit such a violation to exist on premises
under their control, or who shall fail to take
action to abate the existence of a violation
within a specified time period when ordered or
notified to do so by the City, shall be guilty
of a misdemeanor, and upon conviction thereof
shall be punished therefor, as provided by law.
A separate offense shall be deemed committed
upon each day during or on which a violation
occurs or continues.
.
3.
.
Equitable Relief. In the event of a violation
or threat of violation of this Ordinance, the
City may, in addition to any other action taken,
take appropriate action to enforce this
Ordinance, including application for injunctive
relief, action to compel performance, or other
appropriate action of the court, if necessary,
to prevent, restrain, correct, or abate such
violations or threatened violations.
4. citations. The City may issue citations for a
violation of this Ordinance whenever any
representative of the City discovers a violation
of this Ordinance. The citation shall be issued
to the person charged with the violation, or in
the case of a corporation, any officer or agent
expressly or impliedly authorized to accept such
issuance.
5.
Enforcement Costs. If a person fails to comply
with the provisions of this Ordinance, the
City's costs incurred for corrective action,
including attorneys' fees and other costs of
recovery, may be recovered in a civil action in
any court of competent jurisdiction or, at the
discretion of the City Council, these costs may
be included in the annual license fee for the
facility as provided in Section 604.08(2) of
this Ordinance.
43.
.
6 .
Indemnification. This Ordinance shall not be
construed to hold the City or any officer or
employee responsible thereof for any damage to
persons or property by reason of the inspection
or reinspection authorized herein, or by reason
of the approval or disapproval of equipment or
licensing herein, nor for any action in
connection with the inspection or control of
Solid Waste or refuse or in connection with any
other official duties.
604.36 - Additional Requirements. For purposes of
protecting and providing for the public health,
safety, and general welfare, the City may impose
additional requirements consistent with the intent of
this Ordinance for the operation of Solid Waste
Facilities.
604.38 - Separability. It is hereby declared to be
the intent of the City Council of the City of Elk
River that the several provisions of this Ordinance
be separable in accordance with the following:
1.
If any court of competent jurisdiction shall
adjudge any provision of this Ordinance to be
invalid, such judgment shall not affect any
other provisions of the ordinance not
specifically included in said judgment.
.
2. If any court of competent jurisdiction shall
adjudge invalid the application of any provision
of this Ordinance to a particular structure,
site, facility, or operation, such judgment
shall not affect the application of such
provision to any other structure, site,
facility, or operation not specifically included
in said judgment.
604.40 - provisions Are Cumulative. The provlslons
in this Ordinance are cumulative and additional
limitations upon all other laws and ordinances
heretofore passed or which may pass hereafter
covering any subject matter in this Ordinance.
604.42 - No Consent. Nothing contained in this
Ordinance shall be deemed to be consent, license, or
permit to locate, construct, or maintain a site,
facility, or operation or to carryon any activity.
.
604.44 - Effective Date. This Ordinance shall be in
full force and effect from and after its passage and
publication according to law.
44.
.
.
.
Adopted by the City council of the City of Elk River this 1st
day of ,December , 1986.
c2LL~~
Richard Hin ie, Mayor
:g-~
Pat Klaers, City Administrator
PKB:AJ3
45.
'~il pf
~. fWmJ~ttP.g
AA~,.rp,.tiP,Q lid
tt~m ;~h~'~Oit .1.
River itl~ Imd !ls\Jmmary pf t Cl OitY's
SoUdW~lItej FacjJjttes. Ord,uuui~:,?~ll . liIet
forth bc;ljqWi A coPy of the '~:p,tiNS<iJjd:W a~te
Facilitie~. Ordinance is s,vaUable for
'rrri~~I.l~ :th~~lk~i~~Il~n;~~rJ6~
U,P.~,! :Drive, and llt the EUi;R\vcrF .PUblic
. Lib.~141S hoct9r Aven\l~ N,WI':':1'.. .'
The'.SQ 'd' Waste F!l9Uitieili'Qt'9,i.nan,ce
sp: .... . in thi~ nOtigetJ,ll:'1l eft'~ct Upon
@lb '.' Qrthi" nQtiQ~;'~Ucl 'Waste
Fs,cJ iti,fii~; . p.,esent!y '. in' exUitenc;e,'.. aqdthe
opers,ti9p o(~w,:bJl1cilities, ani reqgtred'\ to .
confo!~Jp th~iPJ'Q~~~Q,J!.s of th~;~H!tiW II,liIte
FaCJ~U~ll;.Qrdj,i!,JW.ceJ!.Q lAte tl 1;29 day/;!
. fl'Q~tJ:ie~a~ofJwsnjlti~i;'i.tenm,nate
'. o~er~tioD.!l~o later t}la,n that.llte;\l!nl~s. the
C~ty " \.lJl~1 . grants a v~ance,. for gqQd
, ~l!,'l!f, t9 ~p.tmue Ilperlltiilns. ,....
',:,QF~i,SQtro .
.RDIWANcE .
l'YlllR' ,clTV'
~'>:,\'
i
~
e City CQ@;.
OOQ,U" llre
Waste F~ility
the City. of Elk.
'. .i() mak(l:~li~!
'use.. in'th""'llew I
,.~j;)tymlltrillt;.i \;',\\,1,>< i
Hil!ll~p4ed to eUm:tpate!
':.'r~itell' .;.:. JaMfilhi"IlS !
, 'c se!! in ,the A,.l;.Ajpic;J.lltl,Jral :
Co. I,>jstrict;, . . .'- .
. ,Se!lti9n~()0.lfl<a)~lIllnien~~ ~elirnillatEl ;
"Wll'~etl' r' 4p.d ~ducti.Qllf!lcm,tie~: as,
i(, cflriditl. 'ntheMalld J"~ ~~qU~~i,>i@,'ld
"'P't 'gt ....i.i <" .........,
i\3e:;ii~ti:~0.42( J(~)js;~men.dlld'to~ire>' '1
that aU conditipnal Ul!ell m the Cjty fQUy,'
cQWplywith JJ,Ullpplilll,tble fe<lUirements
i Mdst!l.nllllrd3\lfthe9ity',,<;:gdtl,Clf,-, i. .'
Or<liJl/lnc;e1l fQr tlw i!lIlUIHI.~ of flny licenlle ...,
(ll'~miit r~~d tQ ellt4hUshl!rPPer/l,~th(;l"
""'PlllPOIieduse.'i''''''' ,'.....,'..,. . ,."...:.....'".:!":... I
, '., '. Sectio~ n of. the '. f30lid' Vi ~te Facilities
. Ordinllnce' amen~ Phflpter Vl of the Elk
RiVllrCitrCoqe,l!,8 f~ll~",~r";';. ....'/.. ,i.. .
flection 603 relfl~lllgto .IMdUlh;feelll~!
repealedr .', ..':.."'...'..1..:...1'.;(..... i
. A new Section ~04 ill l!,liq,ed tQ theAity Code I
\ regulating the el!tllblishment. flJI.d QPeratiQn
if off;)Qlid W 8,$te Fa~il\tie~,.;.whe fllllQwhJ.g is. a
summary of ell,clf!!'!I.h~ctiQn. contahw4 m!
, new Section. 604, '.: ":",.'; \
'; t3ectiqp 604.00 !!etjl' fqVl;h We pl,l.~se ()fthe
Solili W a.ste Fap.ili.tiesll~~.
~6Q4.02 de~e~ th~ ftlllowJn!J~l1P,S;
.&lidWastfh';, .
lI~ilr(loull W /lste
'Danger~lUs Wallte I
f301id Waste Fjl,(lility - -',
Solid Waste :processing f~illty
Sanitl!,ry Landfill. ....... .
Wallte 'Qgrning.Facilities ' '.,
TransferStatiQn
. LandPQllqtiQn"h. . ., .'. .'
; . 0 604,04 ptqlUh~t!!,thedillp9l!lll, P~Q!!IIil}g,:
i s1;9r~g~QIl b~mjn!{Qf~li!iwli~t~jn,tl\@Qlty .
<<ll<<l<<lpt l!,t ~ flWili\y.Ji~nll~!t'PPf""l\nt t9tlw i
SqUd, W as\e: Ji1acilitiell '~~~~tell'
the locatiQn.of SQli~/ '. .f~Ql~t!!l~;
. f~lfUlatell the !Ji!ll'~nl, J>1'Q~iill,i~~~'iltPra~e,Q)1,
Ilwrnil\g of <I.~llg!llllUIl w~!lte8;'AP,d,P1'Qhi,~.tS\:
the disposlll, pf~*,ing, Iltpr~IJt!. PJ'.llufJl,lng , .
Qfh~l!,rdQl!s waste within th~ City, '; '.' ,:.. .'
I . ~ .fl04.06 prQwbitll tM qse, Q.fpr9Jl!lrty fll\' \
! soUd. wailt~ managemE!~t. Qr IU!!PQs~t !l)((lllpt ,
at a.Splid Waste Fadl1ty for which l\.;ijC!lQl1e It
II hall bee~ granted pUl.'fiuant tQ th,ef;olid,Wllste
2~ OrdiJilance, ".'. . I..
III .' 0' 604.08 efitablishe~ applicatio,n feell ~d ~
$Ml!l1cllloonlle.fee!l fQr t~e operatwn of SQli<l. ,
Affidavit of Publication
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE )
llti(IP,
WQste. . .
l!,blill~(!1I j
re~eWl\l,
olid Wllste
a/}'Z(f/l~ ,dZ/14 -<.vm a..y7_~J
being duly sworn, on oath says that he/she is the publisher or
authorized agent and employee of the publisher of the news-
paper known as The Elk River Star News, and has full know-
ledge of the facts which are stated below:
(A) The newspaper has complied with all of the requirements
constituting qualification as a qualified newspaper, as pro-
vided by Minnesota Statute 331A.02, 331A.07, and other
applicable laws, as amende~ _ '. .
(B) The printed . L-J;LL l.u /ZOt:J1 ~LJ
fi
':\
'JI
d;t
!
1< '~:
:*!illltriptiv~ I1Q,n
. . w,rule
.dl!,rd f(lr th
t,ep\.lQlj~
priJvwJ.
',1,(.iQ4.
~r9~<I.'!I.r
~ iUll:ll9S11I,'
dlll1geNu
'. '~6()4
tr~llp<lrta.
0604,24 .' ~
ppel'llti.Qn Qf s9lf ......11...> .... . .. ..Statio~
.bY, JlrQ:qibitmg .' their' lQQatiQi:idn certa~-
,~lUj; by Ilettmg'C9rth', SJl(lIlWl;license
{!.PPU(:lltion . 11l9JI.ire!Uent8; . and . hy
e~tl\.hUlIhingli:J'~l!ifi.q:' minimllm
1'...00:. ,!.li.:re.... men. .. tll.... ll.. ~d..........'.Jl(l...... rl1.. ..()J:m... an.ce"litandar. ds
>fQr:~'rl\nsfer statiQn!l. '. . i
{, J604.26 regt!latell.the ~~tablishment qud
9P '~ion of. Sanitary' IAandfillsby
ting llreall' in w~l!h the
~1l~!lU.shment 9f'.!Il"~lWit!HiY f,.fl,JI.df1lI. is
.. pwhiIlited; by settji),g...fQrthJ~p.'ecific license
AtiQII, , . N<rnfr~meptsj'. a.nd by
lil!:\1ing . 1!J>e(lifi(l , mini'PlUm
'r~lJ,jremel1tll ,a,nd~rflmIl,~ standards
.' .., mtary L1mMIUa,: i", ."..
4.2a . regqlfl,tel! tbf! tlsta.bU!lhmtmt And
. .' llf/Wll:\It~,llurmpg .fa.(lilitjes by
jllg:areas;~'whicb,Wa!'lte . Burning
shall be PNmbfted; }ly !'letting fllrth
appUcatiQ~> requu,mepts; and . by
" '.. .' .' g ~ 8.pecific~' minimum
...~..........,ll.u!j.reJJl.el).tll .\\.11.4,.,;:P;6. .~.Q. rm....... ~.,~.t~4llrds
f9riWAllteBllrnmgFIWiijtll:lS. ,. ....
. 'l~'H,Il()NlNl'~11 thl:l.'~~~Al!H~hm!lIl,t and
JlIllll'it,Hlm " !ltS9lid\ Walltll'.:' PtQ<:essing
,.fl!lU!Hell' bY\>~llSil:{nAtif\g 'Bre!,Ulin. . which
.;, . ..;;Wftlltf.l;PrQ~Il!'ltp,gx;.Facilities are
. ited; . b.y settin~ f9ith . specific license
il)I!" '~qu.irl:lments; a.nd by
~s.tl!,llUshing Ilpecific mimmum
.~~iremeptll il,ncl.perfprmllJ!,~. standards
.~.fup.~Ud W Illite li'r9celllimg FllCilitie,,; .
,;','J@4,32 a~thQriztllthl:l City Council to
'i m'~ll~ !'varianeell frntp!.Pie:l;W1lireJUents.. of
; the'.~lid \Vllstl:l. FaciUtiell' Qrdinance . in
'. Q,J'gel' 1;9 Pl'Qw.Qt~ the eO'ective"a.n<1 reasonable
l!,pp.UpatiQIl.. f,ffld I:lworceDlent,: ()f thl:l
. q:rdmance;s,p.4 ..' requirell .that. SOli<l. Waste
Ji1~(l,lities in. ~lIt(;'iI).~. a.t the time Qf th~;
'I:lIl,AQtJUent"of the Ordinance, and. the
'. . 9per~t;ioIl, pf such f~cilitiell,confonn to the
!....;.........F....rn.......VJ,....!I~.Qnllllft. htl.. 9...rdi. ..n. ...a....nee. ~...I...a...tl:lr....J.han...120
i ql.l:rl! Ilfter thtl. (ldl!ptioJ1, pC the Ordinan~, or
.te~mmaw pperi4tiQAllu<i l~wftlllm t1J.llt date,
'l!ll~lls the Oity qQu~cil lP'l!,ntll a vllriallce
, '. fl.lr~d cause shllwP, ~9 CllP.t41Ue o}!(;!r!ltiQns....
.' . A.34 proviliellfor enforcement 'of the
Waste Fllcjjitie'!()rdml\.nce by setting
r . fOr!;hSpil(lifWaUy . th~~jcln!l or oIp.issionll
l,wlAllhllh~l' COJl.~titUtCl violatioD.!l of the
,Or' lUl~r h~ !U~kh~g.ll viQlation of the
~"~ID>>Idc;!m!1"'J\!Jr; b,' aQ,t}).Qrizill.g
l(wt!J~J,l!;I'~it/l.ti!'l1:i8cQr..tqgo to cXlurt in,
,"ljIiI'lVllJlt:gfvi9lii.tiop.' QftheOrdilllmce; and
. . ~mentCQstll." '. .
.uth9riZeM . the Oitrto' impose
I, I . ment!l9Qrlsisten:i' with the
; iD.~Jl.t gf~,~S9lid..WI\"'~'f",ci,lities
I O"mnance\,' . .... . '; :~
Pf9vif:lI:lIl' (!'Ir ; tile 'lle}'lB1'llbilityof
. '. 'pf.t . qp,d '..
.. t',
.-'
$ 1(J1,-a~
which is attached was cut from the columns of said newspaper.
and was printed and published once each week, for )
successive weeks; it was first published on Tuesday, the
c? IJ day of ttf/)'1-<.(A~l-f1 ' 19~, and was
thereafter printed a d published on every Tuesday to and
includi.ngTuesday, the dD day of ~~<10i" '
19----iJ, and printed below is a copy of t e lower case alpha-
bet from A to Z, both inclusive, which is hereby acknowledged
as being the size and kind of type used in the composition and
publication of the notice.
BY:
TITLE:
Subscribed and sworn to before me on this
day of
o/_-::J
,19~.
.~
Notary Public
MARL YCE M ROUARr
~SHERBlJANE COUNTY'-.'l. .
~~C9>>. MAR 2 1939,
_. .
(1) Lowest classified rate paid by
commercial users for comparable
space
$ a~<;.4~
(2) Maximum rate allowed by law for the
above matter
$
l()/,-a~
(3) Rate actually charged for the above
matter
:~,\:<:,-:._'," /~:,'~: ,:--:','.:'/~ > ,"'" ,; ".,:> ,'::
,.{iQ4l~13:.. . '. ..' .'jbM'I\qt,h1,n8"cQIita~~ill.
th~.~:r~Il.g,j;leilld~med to be .11. COlI.sent,
Uj;eP"lleiP~. . it, tQi .lpqai,e,)'i:9nstrnct OF
m~mtfacil,itYllf,q}'lerati\lJl.Qr to
C tillltivity;Acl.," '. ..............
0', provides tqat. \th~.$qli4.' W~lIt~
1 <FAcili, ,Qrd.mance'wiQ,' beFin.full.. fon;e ..
ai1cl.eff~ from '~q,~l'tJ,1.~ ..'~Il.~~' :pf.thill '
publicll.tl.on. . ii."':' '.:" . .
",r::' ,
.<.~L;'A::
(J20)
, >-~.......-.......-.--,...,...-.-~