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Ordinance 24 - 11
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An Ordinance Amending Chapter 58, Solid Waste of the City of Elk River,
Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That 5 58-31, Waste of the City of Elk River Code of Ordinances shall be amended
to read as follows:
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Blue Bag Organics program means the program used for SSO collection by means of placing
SSO into Blue Bag Organics bags.
Clean wood means natural wood which has not been painted, varnished or coated with a
similar material, has not been pressure treated with preservatives and does not contain resins or
glues as in ph•Nv-ood or other composite wood products.
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.
Compost means leaves. grass, grass clippings, compostable/organic garden debris and
clippings from bushes and shrubs that do not exceed twenty 20)_ inches in diameter. This term does
not include sLiMs, roots, or shrubs with intact root balls.
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 of the
driveway.
Garbage means organic waste resulting from the preparation of food and decayed and spoiled
food from any source.
Last Updated January 2023
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Hauler means a collector or transporter of mixed municipal solid waste recyclable materials
and/or yard waste.
Illegal dumsan� means dumping or disposing of materials identified as unacceptable in Section
58-61 at the Citv of Elk River's Compost Transfer Facility.
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. § 115A.03, subd. 21.
Multiple dxelling means any building used for residential purposes consisting of more 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 or otherwise prepared, which are intended for transportation, 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.
Rubbisli means non -garbage 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 or (SSO) means food scraps and soiled paper but not yard wastes or
inorganic materials such as recyclables and mixed municipal washes.
SECTION 2. That § 58-61, Compost Transfer Facility regulations of the City of Elk River Code of
Ordinances shall be amended to read as follows:
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(a) Acceptable materials. The city will only accept yard waste and clean wood less than 20" in
diameter at the City's Compost Transfer Facility.
(b) Unacceptable materials. The city will not accept the following items or similar items at the City's
Compost Transfer Facility:
• Stumps;
• Root balls;
• Logs or branches greater than 20" in diameter;
• Materials from outside of Sherburne County;
a Non -organic materials, including but not limited to, rocks, concrete, or plastics;
• Mixed municipal solid waste or solid waste;
• Hazardous substances or chemicals; and
• Dead animals.
(c) Prohibition. No person shall illegally dump at the city's Compost Transfer Facility.
(d) Penalties.
(1) Any person violating this section shall be subject to the following penalties:
a. A fine per the city's fee schedule;
b. Revocation of their Compost Transfer Facility access pass for a period of
one year or until payment of the fine, whichever is shorter.
(2) Upon a second violation of this section, a person's site access pass will be revoked
for a period of one year regardless of payment of the fine and the person shall be
issued a trespass notice for a period of one year.
Violation of Trespass Notice. Any person found in the city's Compost Transfer Facility during the one-
year period following issuance of a trespass notice will be issued a citation for trespassing on public
property and receive a one-year extension of revocation of their site access pass.
SECTION 3. That this ordinance shall take effect upon adoption and be published as provided by
law.
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Passed and adopted by the City Council of the City of Elk River this 6th day of May, 2024.
M.Die Mayor
ATTEST:
Tina Allard, City Clerk
Last Updated January 2023
p00EOEI IC
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE
Rhonda Herberg being duly sworn on an
oath, states or affirms that he/she is the
Publisher's Designated Agent of the newspa-
per(s) known as:
Star News
with the known office of issue being located
in the county of:
SHERBURNE
with additional circulation in the counties of:
WRIGHT
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02. ,
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 05/11/2024 and the last
insertion being on 05/11/2024.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper; complies
with the conditions described in§580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter co ty.
&4a3k
By:.r�
Designated A�rt
Subscribed and sworn to or affirmed before
me on 05/11/2024 by Rhonda Herberg.
Notary Public
*gTEop Darlene Marie MacPherson
' , Notary Public
,. Minnesota
+io My Commission Expires 113112029
Rate Information:
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Ad ID 1394942
CITY OF ELK RIVER
ORDINANCE 24 - 11
AN ORDINANCE AMENDING
CHAPTER 58, SOLID WASTE
OF THE CITY OF ELK RIVER,
MINNESOTA, CITY CODE
The City Council of the City of
Elk River does hereby ordain as
follows:
SECTION 1. That § 58-31,
Waste of the City of Elk River Code
of Ordinances shall be amended to
read as follows:
The following words, terms and
phrases, when used in this article,
shall have the meanings ascribed
to them in this section, except
where the context clearly indicates
a different meaning:
Blue Bag Organics program
means the program used for SSO
collection by means of placing SSO
into Blue Bag Organics bags.
Clean wood means natural
w4g-d which h4s not been.painted,
varnished or coated with a similar
material, has not been pressure
treated with preservatives and does
not contain resins or glues as in
plywood or other composite wood
products.
Collection means the aggre-
gation 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 vehi-
cles for the purposes of collection,
conveyance, and transportation of
any type of mixed municipal sol-
id waste, recyclables and/or yard
waste.
Compost means leaves, areas,
grass clippings, compostable/or-
ganic garden debris and clippings
from bushes and shrubs that do
not exceed twenty Q) inches in di-
ameter. This term does not include
stumps, roots, or shrubs with intact
root balls.
Door -side service means the
hauler provides cart collection ser-
vices from near the premises for
those elderly and disabled custom-
ers determined unable to maneuver
carts to the end of the driveway.
Garbage means organic waste
resulting from the preparation of
food and decayed and spoiled food
from any source.
Hauler means a collector or
transporter of mixed municipal sol-
id waste recyclable materials and/
or yard waste.
Illegal dumping means dumping
or disposing of materials identified
as unacceptable in Section 58-61
at the City of Elk River's Compost
Transfer Facili:v.
Mixed municipal solid waste.
(1) Mixed municipal solid waste
means garbage, refuse, and other
solid waste from residential, com-
mercial, 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 de-
bris, mining waste, sludges, tree
and agricultural wastes, tires, lead
acid batteries, motor and vehi-
cle 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. § 115A.03,
subd. 21.
Multiple dwelling means any
building used for residential pur-
poses consisting of more than four
dwelling units with individual kitch-
en facilities for each.
Recyclable materials means
paper, plastic, tin cans, aluminum,
motor oil, glass, and other metal
goods, each separated or other-
wise prepared, which are intended
for transportation, processing and
manufacturing reuse.
Recycling center means premis-
es 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, rub-
bish or a combination thereof.
Rubbish means non -garbage
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
(SSO) means food scraps and
soiled paper but not yard wastes
or inorganic materials such as re-
cyclables and mixed municipal
washes.
SECTION 2. That § 58-61, Com-
post Transfer Facility regulations of
the City of Elk River Code of Ordi-
nances shall be amended to read
as follows:
(a) Acceptable materials. The
city will only accept yard waste and
clean wood less than 20" in diam-
eter at the City's Compost Transfer
Facility.
(b) Unacceptable materials. The
city will not accept the following
items or similar items at the City's
Compost Transfer Facility:
• Stumps;
• Root balls;
• Logs or branches greater than
20" in diameter;
• Materials from outside of
Sherburne County;
• Non -organic materials,
including but not limited to,
rocks, concrete, or plastics;
• Mixed municipal solid waste or
solid waste;
• Hazardous substances or
chemicals; and
• Dead animals.
(c) Prohibition. No person shall
illegally dump at the city's Compost
Transfer Facility.
(d) Penalties.
(1) Any person violating this sec-
tion shall be subject to the follow-
ing penalties:
a. A fine per the city's fee sched-
ule;
b. Revocation of their Compost
Transfer Facility access pass for a
period of one year or until payment
of the fine, whichever is shorter.
(2) Upon a second violation of
this section, a person's site access
pass will be revoked for a period of
one year regardless of payment of
the fine and the person shall be is-
sued a trespass notice for a period
of one year.
Violation of Trespass Notice.
Any person found in the city's Com-
post Transfer Facility during the
one-year period following issuance
of a trespass notice will be issued
a citation for trespassing on public
property and receive a one-year
extension of revocation of their site
access pass.
SECTION 3. That this ordinance
shall take effect upon adoption and
be published as provided by law.
Passed and adopted by the City
Council of the City of Elk River this
61^ day of May, 2024.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Published in the
Star News
May 11, 2024
1394942