7.1 SR 05-06-2024The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community
engagement that encourages and inspires prosperity
Request for Action
To
City Council
Item Number
7.1
Meeting Date
May 6, 2024
Prepared By
Ryan Sandhoefner, Engineering Project Manager
Item Description
Ordinance 24-11 Amendment: Compost Transfer
Facility
Reviewed by:
Justin Femrite
Cal Portner
Tina Allard
Action Requested
1. Request to open and close the public hearing
2. Adopt, by motion, Ordinance amendment 24-11 to Section 58-31, Solid Waste
3. Approve, by motion, the Compost Transfer Facility Policy
Background/Discussion
The proposed ordinance changes reflect enforceable violations of illegally dumped materials at the Compost
Transfer Facility and maintain consistency with the other Sherburne County Compost Transfer Facilities.
The Compost Transfer Facility Policy has been updated to reflect the proposed ordinance amendments and
previously provided Council direction on site rules.
Financial Impact
N/A
Mission/Policy/Goal
Meet changing needs - Agile
Attachments
1. Ordinance Amendment: Solid Waste
2. Compost Transfer Facility Policy
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Ordinance 24 - ____
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 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 plywood 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 stumps, 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.
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Hauler means a collector or transporter of mixed municipal solid 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 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 dwelling 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.
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 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;
•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.
______________________________
John J. Dietz, Mayor
ATTEST:
_______________________________
Tina Allard, City Clerk
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Compost Transfer
Facility Policy
5.6.2024
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Compost Transfer Facility Policy
Forward
The primary purpose of the Elk River compost transfer facility is to provide residents of Sherburne County
with a means of disposal of yard waste, brush, organics recycling, and used oils. Four compost transfer
facilities are operated throughout Sherburne County in Elk River, Zimmerman, Big Lake, and Becker.
These facilities are available to all residents of Sherburne County and any site may be utilized using a
standard access card common among the sites. Partial funding of the sites is provided by Sherburne County
in the form of a SCORE grant with the remaining balance for each site funded by the respective cities.
These facilities provide residents of Sherburne County a convenient and free location for disposal of
compostable materials. Material within the Elk River facility is divided into four categories; grass and leaves,
brush and logs, organics recycling, and waste oil. Residents are required to separate their waste into the
appropriate piles or storage containers to prevent contamination of each individual recycled material.
As a yard waste compost transfer facility, the city does not conduct any composting of the materials on site
and does not provide processed compost materials to the public. Composting facilities are defined and
regulated by the Minnesota Pollution Control Agency into 5 categories:
▪Backyard composting – Utilized for homeowners to compost materials for their personal use. Does
not require a permit.
▪Organics drop-off sites – Community collection sites for disposal of household compostable food
waste, utilized for collection and transport. Does not require a permit.
▪Small compost sites – Small compost sites limited to 120 cubic yards of material for community
gardens, universities, apartment buildings, commercial properties, etc. Does not require a permit.
▪Yard waste compost transfer facility – Large scale collection site for yard waste to include leaves,
grass clippings, vegetation, brush and logs. No composting is conducted on site, these sites are
primarily utilized as collection areas for materials to be transported to a secondary site (yard waste
compost facility) for processing. Requires a permit.
▪Yard waste compost facility – Large scale sites utilized for processing yard waste into a suitable
composted material. Requires a permit.
Elk River’s site falls into two categories of compost facilities: organics drop-off site and yard waste compost
transfer facility. In addition to these services, the site also houses a used oil collection container. The city
contracts with outside vendors to remove collected materials from the facility which they then process into
other recycled materials.
This policy is a summary of procedures and policies of the City as they relate to the compost transfer site
operations.
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Introduction
The City of Elk River hosts one of four Sherburne County compost transfer facilities. These facilities are
free to residents of Sherburne County; however, residents must request a pass from one of the partnering
cities to gain access to the sites. In addition to resident use, contractors performing landscape maintenance
to include lawn mowing services may access the site utilizing the compost pass of the resident property
owner whose property the work is performed on.
Funding of the site is largely provided through a Sherburne County SCORE grant with additional funding
provided through the city’s annual operating budget. Through this partnership with Sherburne County, the
City assumes responsibility for the operations and maintenance of the site to include establishing contracts
for the disposal of materials collected from the site. Daily maintenance of the site is conducted by public
works staff to ensure the site remains clean of unauthorized materials, pile collected materials, and ensure
safety of the site for its users.
1.Yard waste means leaves, grass, grass clippings, garden debris and clippings from bushes and
shrubs that do not exceed 6 inches in diameter. This term does not include stumps, roots, or shrubs
with intact root balls.
2.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
plywood or other composite wood products.
3.Illegal dumping means dumping or disposing of any unacceptable materials, as defined in code, at
the City of Elk River yard waste site.
Facility Operating Procedures
The Street and Park Superintendent or designee(s) is responsible for the overall operation and maintenance
of the facility. Daily maintenance is conducted by public works staff Monday through Friday during
scheduled shifts and may be conducted on weekends during the peak fall leaf drop season. Maintenance
activities are tracked in the compost site logbook located in the public works breakroom. Daily maintenance
includes:
▪Removing garbage and other unauthorized materials from the piles of compostable material
▪Separating piles of compostable material from brush and logs and pushing up piles
▪Inspecting the waste oil drop off site and dumpsters
▪Overall site inspection for hazards, signage, and damage
In addition to daily site maintenance, staff conducts weekly inspections of the oil drop site and dumpster
area. Annually, or as needed, staff contracts with outside vendors to grind and transport brush and logs and
transport grass and leaf waste to certified composting facilities.
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Facility Rules
Use of the compost transfer facility is managed by the city under consistent rules set by the county and four
managing cities. Rules for the four Sherburne County compost sites are consistent to ensure equity and
compliance for all Sherburne County residents. These rules were established to ensure safety to the public
utilizing the site, ensure the site remained open and free to residents, maintain consistency of all sites, and
ensure compliance with state regulations for composting facilities. In addition, limitations on the types of
acceptable materials were established to prevent damage to processing equipment and ensure an acceptable
product for contracted vendors. Any parties found to be violating rules of the yard waste facility are subject
to card deactivation.
Site Rules
▪No vehicles over 19,500 GVW
▪No chainsaw or equipment operation
▪No smoking or fires permitted within the site
▪No materials from outside Sherburne County.
▪No commercial haulers, lawn and tree removal service providers must have the compost pass for
whom they are performing the work to access the site
Acceptable Materials
▪Yard waste
▪Clean wood less than 25” in diameter
*If you are unsure whether material qualifies as acceptable material, please call Public Works at 763.635.1020
Unacceptable Materials
▪Stumps
▪Root balls
▪Logs or branches greater than 25” in diameter
▪Materials from outside 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
▪Dead animals
Compost Transfer Facility Access Card
Sherburne County residents must obtain a compost pass from the city they are a resident of; if a township
resident they should obtain a pass from the nearest compost facility. Residents may receive one free
compost pass per resident which allows them to utilize all four county facilities. Passes may be obtained by
contacting Elk River Public Works at 763-635-1120, online at https://www.ElkRiverMN.gov/compost, or
at the city hall front desk during regular business hours. Phone and online pass requests will be mailed out
the next business day. Replacement passes may be obtained with a $5.00 fee.
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The compost access card is a proximity card. Users must waive the card in front of the card reader located
at the entrance to the compost facility. Upon departure from the facility, users must approach the site gate
with will activate the gate allowing exit. Contractors performing work for residents of Sherburne County
must utilize a compost access card of the resident they are performing work for. Each scan of the access
card is recorded in a shared database through the county’s software program. Any parties found to be
violating rules of the yard waste facility are subject to card deactivation.
Illegal Dumping
In an effort to ensure the compost site remains open and free to the public, it is expected that the users of
the site will follow the rules as outlined in this policy. These site rules are in place to ensure that materials
generated in the site are of the quality required by third party vendors for further processing into a usable
recycled end product, generally mulch and composted soils. Contaminants such as rocks, garbage, dirt, etc.
listed above in the non-acceptable materials list may cause damage to processing equipment and/or
contaminate the recycled end product making it unusable. Non-acceptable items therefore must be removed
by staff prior to pushing up the piles which is labor intensive.
Residents found to be in violation of this policy may be subject to having their access cards turned off; may
be required to remove non-acceptable materials from the site; or may be subject to fines by the city up to
the cost of disposal of the materials to include staff time and equipment. Standard procedure for such
violations is as follows:
1. City staff is made aware of an illegal dumping event.
2. City staff reviews the surveillance system to identify the license plate of the party that dumped illegal
materials.
3. City staff disables the site access card of the party found to be illegally dumping.
4. Public Works staff will reach out to Elk River Police Department to report the illegal dumping
event, so they are able to investigate and document the event.
5. Public Works and the Police Department will distribute a letter, administrative citation and notice of
trespass to the party that had illegally dumped. The letter explains what was done, why the card was
disabled, the fine amount and where the payment can be made, and an explanation that this person
being found at the yard waste site within the next year will result in a citation for trespassing.
a. Payment of the illegal dumping fine will allow for the reinstatement of the cardholder’s
access to the site and the notice of trespass becomes void.
Attached Forms
▪Trespass Notice Form
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Compost Transfer Station
Policy History
Adopted by:On (date)Item #
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YOU ARE HEREBY REQUESTED TO DEPART FROM THIS LAND AND
NOT TO RETURN
State and local laws (Minnesota Statute § 609.605 and/or Elk River Code § 58-61) provide that no person
shall intentionally trespass on the land of another and refuse to depart from that land, without a legal basis,
when a demand to do so is made by the lawful possessor of his/her agent. Such demand may be spoken or
written. No person who has received a demand to stay off such land shall reenter it within 1 (one) year from
the date of the demand without written permission of the lawful possessor or the agent who provided the
demand. Violators may be subject to imprisonment for up to 90 days or to a payment of up to $1000, or
both. Violators who qualify for enhanced penalties under Minnesota Statute § 609.153 may be subject to
imprisonment for up to 365 days or to a payment of up to $3000, or both.
It shall be noted that on this date ______________________ (month/day/year), you were advised of the
above statute. This trespass notice form constitutes a written demand to depart from the premises by the
lawful possessor or an agent of the lawful possessor. This demand to depart is due to your disruptive,
harassing, threatening, and/or non-conforming behavior.
Brief description of violation:
Address of place from which party is trespassed
Elk River Compost Transfer Facility – 19000 Proctor Road Elk River, MN 55330
Name of party being trespassed
Date of birth
Name of person issuing the notice
Signature of party receiving the notice
Individual not present to sign (Copy to be mailed)
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