4.4 SR 11-20-2023�,
Elk s �-
River
Request for Action
To Item Number
Ma Tor and CinT Council 4.4
Agenda Section Meeting Date Prepared by
Consent A enda NovembeY 6, 2023 Suzanne FischeY, Env. Services�S ecial PYo�ects DirectoY
Item Description Reviewed by
Amend Solid Waste Ordinance: Organics Sections 58- Cal Pormer, Ci r Administrator
31-34 Reviewed by
Action Requested
Adopt, byT motion, an ordinance amending Sections 58.31 through 34 of the Solid Waste ordinance.
Background/Discussion
When the Organics Program was initiated in 2019, it mirrored the national Blue Bag' Program model. A few yTears
ago, the cityT changed to green compostable bags for the same purpose due to cost The amendments before yTou
remove references to `blue' bags, and revises language to include drop off dumpster locations.
In the past, RandyT's Sanitation provided curb-side service for residents participating in the Organics Program.
Since Republic does not provide curb-side service for organics, dumpsters were provided in three (3) convenient
locations (Public Works, City- Hall, and the Elk River Landfill). Republic services the dumpsters on a regular basis
and hauls the organics to the processing plant in Shakopee.
Financial Impact
N/A
Mission/Policy/Goal
Help, not hindeY, citizen qualityr of life.
Attachments
■ Amended Sections 58-31 thYough 34 of the Solid Waste OYdinance.
■ Proposed Ordinance 23-XX Amending Chp. 58, Solid Waste
The Elk River Vision
A 2a�elcolning co�nlnunity 2a�ith T evolutiona� y and spizzted T esou� cefulness, exceptional
se�vice, and coln�nunity engagelnent that encou�ages and ins�iz•es pTo�pe�zty.
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Update�l• January 2023
Sec. 58-31. - Definitions.
The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
�lue-�ag Organics program means the program used for SSO collection by means of placin� SSO_into ____ ,- Formatted: Font coior: Red, strikethrough
�IHe-�.&�Organicsba�s.____________________________________________________ \ Formatted:Fontcolor:Red,strikethrougn
Formatted: Font color: Red, Strikethrough
Collection means the aggregation of waste from the place at which it is generated and includes all
activities up to the time when the waste is delivered to a waste facility.
Collector means any person who owns, operates� or leases vehicles for the purposes of collection,
conveyance, and transportation of any type of mixed municipal solid waste, recyclables and/or yard waste.
Door-side service means the hauler provides cart collection services from near the premises for those
elderly and disabled customers determined unable to maneuver carts to the end ofthe driveway.
Garbage means organic waste resulting from the preparation offood and decayed and spoiled food from
any source.
Hauler means a collector or transporter of mixed municipal solid waste recyclable materials and/or yard
waste.
Mixed municipal solid waste.
(1) Mixed municipal solid waste means garbage, refuse, and other solid waste from residential,
commercial, industrial, and community activities that the generator of the waste aggregates
for collection, except as provided in subsection (2) of this definition.
(2) Mixed municipal solid waste does not include auto hulks, street sweepings, ash, construction
debris, mining waste, sludges, tree and agricultural wastes, tires, lead acid batteries, motor
and vehicle fluids and filters, and other materials collected, processed, and disposed of as
separate waste streams, but does include source-separated compostable materials.
State Law reference- Similar provisions, Minn. Stats.§ 11 SA.03, subd. 21.
Multiple dwelling means any building used for residential purposes consisting ofmore than four dwelling
units with individual kitchen facilities for each.
Recyclable materials means paper, plastic, tin cans, aluminum, motor oil, glass, and other metal goods,
each separated orotherwise prepared, which are intended fortransportation, processing�and
manufacturing reuse.
Recycling center means premises within the city approved by the council for receipt, storage, and
processing of recyclable materials.
Refuse means discarded waste materials in a solid or semiliquid state consisting of garbage, rubbish or a
combination thereof.
Rubbish means nongarbage solid waste such as tin cans, glass, paper, sweepings, clippings, ashes, etc.
Solid waste has the meaning given it in Minn. Stats.§ 116.06, subd. 22.
Source separated organics (550) means food scraps and soiled paper but not yard wastes or inorganic
materials such as recyclables and mixed municipal washes.
{Code 1982, § 602.00; Ord. No.15-17, § 1, 6-15-2015; Ord. No.15-18, § 1, 7-6-2015)
Cross reference- Definitions generally, �.
Sec. 58-32. - Littering.
{a) No person shall place any refuse in any street, alley, or public place or upon private property
except in proper containers for collection or other lawful disposal. No person shall throw or
deposit refuse in any stream or other body of water.
{b) No person shall deposit anywhere within the city any refuse in such manner that it may be carried
or deposited by the elements upon any public place or any other premises within the city.
(Code 1982, § 602.02(4), {5}}
State Law reference- Littering, Minn. Stats.§§ 115A.199, 169.42, 609.671, subd._LI_.
Sec. 58-33. - Accumulations of refuse.
Any unauthorized accumulation of refuse on any premises is a nuisance and shall be prohibited.
{Code 1982, § 602.02(1})
Sec. 58-34. - Recyclable materials.
{a) Separation from other waste. For all persons who are owners, lessees, or occupants of any
residential building wherein there are four or fewer housing units, recyclable materials shall be
separated from mixed municipal waste in accordance with rules, regulations and procedures as
adopted by the city for the separation of recyclable materials from mixed municipal waste.
{b} Preparation forrecycling collection. Non-soiled paper, aluminum, glass, metals, plastic, and
cardboard can be commingled in the single-sort recycling cart for collection. Such recyclables
shall not be placed in plastic bags.
{c} Preparation for organics recycling collection.
(1) Source separated organic material shall be collected via the city�� Organics program._ ____-� Formatted: Fontcolor:Red, Strikethrough
(2)_
Source separated organic material shall be placed in �e-�a� Organicspro�ram ba�s only. The __��-
�e bags shall be placed directly into;"� ^��"�^� •�fi ���, �^�+ n ihhich ,.�.+ Q�„e h,,,� ,.,;u he
, ,o,� �++ho +r�.,�sor �+�+�„ �.,,� ,.,,.,,.,,,�+o,���ne of the three (3) city dumpsters whose locations ��
-�-------- -- -- -------------
are listed on the city website. �� �
�
(d) Multiple dwellings. Occupants of multiple dwelling properties shall have the same opportunity to �
recycle afforded to occupants of other residential dwelling units. It is unlawful after January 1,
1992, for any multiple dwelling owner, association or joint management entity to negotiate,
execute, or maintain a contract for multiple dwelling garbage or other refuse collection unless it
includes, as part of that contract or as part of a separate contract, a minimum of biweekly
collection of recyclables or as deemed adequate by the city.
Formatted: Font color: Red, Strikethrough
Formatted: Indent: Left: 0.91"
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(Code 1982, § 602.02(2), (3), (8); Ord. No. 15-18, § 2, 7-6-2015)
4.4 at2
of
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Ordinance 23 -
An Ordinance Amending Chapter 58, Solid Waste, Sections 58-31 through 58-34 of
the City of Elk River, Minnesota, City Code
The City Council of the CityT of Elk River does herebyT ordain as follows:
SECTION 1. That � Section 58-31, Definitions of the CityT of Elk River Code of Ordinances shall
be amended to Yead as follows:
�g O�ganics p� ogTaln means the pYogYam used foY SSO collection by means of placing SSO
into �g Organics bags.
SECTION 2. That § Section 58-34 {c} (2), Recyclable materials of the CityT of Elk River Code
of Ordinances shall be amended to read as follows:
(1) Source separated organic material shall be collected via the city �g OYganics pYogYam.
(2) Source separated organic material shall be placed in �g Organics program bags only-. The
k�re bags shall be placed directlyT into , ., . .
, , . one of the three (3 ci ,T dum�sters whose locations
are listed on the cit�r website.
SECTION 3. That this ordinance shall take effect upon adoption and be published as provided byT
law.
Passed and adopted byT the City Council of the CityT of Elk River this 20th dayT of November 2023.
John J. Dietz, MayoY
ATTEST:
Tina Allard, City Clerk
Last LJpdated]anuar� 2023
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