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HomeMy WebLinkAbout2012-03-19 ENR Packet AGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCE COMMISSION Monday, March 19,2012 7 p.m. Council Chambers - Maplewood City Hall 1830 County Road BEast 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes: a. February 16, 2012 5. New Business a. Annual Report 6. Unfinished Business a. Maplewood Trash Plan Update - Trash Cart Implementation Plan b. Solid Waste Management Ordinance 7. Visitor Presentations 8. Commission Presentations 9. Staff Presentations a. Sustainabilily Workshop - March 23 b. Spring Clean Up and Home Expo - April 21 c. Maplewood Nature Center Programs 10. Adjourn Agenda Item 4.a. MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 7:00 p.m., Thursday, February 16, 2012 Council Chambers, City Hall 1830 County Road BEast A. CALL TO ORDER A meeting of the Environmental and Natural Resources Commission was called to order at 7:03 p.m. by Acting Chairperson Johannessen. B. ROLL CALL Randee Edmundson, Chair Judith Johannessen, Vice Chair Carol Mason Sherrill, Commissioner Ann Palzer, Commissioner Bill Schreiner, Commissioner Dale Trippler, Commissioner Ginny Yingling, Commissioner Absent Present Present Staff Present Shann Finwall, Environmental Planner C. APPROVAL OF AGENDA Staff recommended adding a new E. 1. to hear a discussion on Roselawn Wetlands and renumbering New Business. Also changing the order of hearing the Solid Waste Management Ordinance ahead of the Capital Improvement Plan for 2013-2017. Commissioner Trippler moved to approve the aQenda as amended. Seconded by Commissioner Palzer. Ayes - All The motion passed. D. APPROVAL OF MINUTES Commissioner Trippler moved to approve the January 19. 2012. Environmental and Natural Resources Commission Meetinq Minutes as submitted. Seconded by Commissioner Yingling. Ayes - All The motion passed. E. NEW BUSINESS 1. Roselawn Wetlands i. Environmental Planner, Shann Finwall introduced the Maplewood resident who was present to give the report. ii. Lisa Li and her son Cullen Li, Maplewood Residents addressed the commission regarding the Roselawn Wetlands, Roselawn Park and buckthorn in the area. February 16, 2012 1 Environmental and Natural Resources Commission Meeting Minutes Cullen Li's boyscout troop was interested in making improvements to the wetland buffer. Lisa Li was concerned about a proposal by a developer to purchase a portion of Roselawn Park for future development of senior housing. Planner Finwall indicated she would research the development proposal and update the Commission. 2. Annual Report and Work Plan for the Maplewood Residential Recycling Program i. Environmental Planner, Shann Finwall gave the annual report and work plan for the recycling program. ii. Willie and Greg Tennis, and Matt a driver from Tennis Recycling addressed and answered questions of the Commission. iii. The Commission had the following questions, comments, and recommendations regarding the report: . It appears that many residents put their recyclables in plastic bags. There should be more education in regard to that issue. . The Commission asked for clarification on plastic recycling. . The cart pilot project should run for an entire year, monitoring recycling rates and participation for six months with bins and six..OJonths with carts. Commissioner Yingling moved to approve the annual report and work plan for the Maplewood residential recvclinq proqram. Seconded by Commissioner Trippler. Ayes - All The motion passed. 3. Solid Waste Management i. Environmental Planner, ordinance ii. Norm Schifrel, Commission. iii. The Commission draft SWMO: . The definition of should follow state statute. . There should be a definition for Organized Trash Collection. . Remove the language which refers to cutting up trees and placing them in the trash. . City Code limits disturbing noise between the hours of 7 a.m. to 7 p.m. Our SWMO allows trash trucks to pick up trash from 6 a.m. to 6 p.m. Either the noise ordinance should be changed or the SWMO, they should not conflict with one another. . Unlawful disposal should include household hazardous waste. . For licensing, the applicant should also follow long range trash disposal goals of the Metropolitan Council . Commissioner Trippler submitted written comments to staff. a brief report on the solid waste management of the Commission. County Department of Health, addressed the questions, comments, and recommendations for the The Commission will review the SWMO amendments again in March and April. The City Council will review the first and second reading of the ordinance in May. 4. Capital Improvement Plan for 2013-2017 i. Environmental Planner, Shann Finwall gave the report on the Capital Improvement Plan (CIP) for 2013-2017. February 16, 2012 Environmental and Natural Resources Commission Meeting Minutes 2 ii. The Commission had the following questions, comments, and recommendations for the 2013-2017 CIP: . What will happen to the McMenemy Fire Station? Commissioner Mason Sherrill spent a day planting trees on that site a few years ago. . The Gladstone projects will require a lot of funding. . When will the ENR Commission be able to review the East Metro Fire Training Facility plans? . Will road improvements be required on Century Avenue as part of the East Metro Fire Training Facility? . In the bar chart showing eight categories from 2014 to 2017, there is an extra bar that should be removed. . Commission Trippler submitted several comments to staff in writing. Commissioner Trippler moved to approve the Capital Improvement Plan for 2013-2017 with revisions as recommended bv the Commission. Seconded by Commissioner Yingling. Ayes - All The motion passed. F. UNFINISHED BUSINESS 1. Implementation of Goals i. Environmental Planner, Shann ii. The Commission decided to Neighborhood Groups, report on the implementation of goals. to include Environmental G. VISITOR PRESENTATIONS None. H. COMMISSION 1. International Year of the 2011 - 2012 i. Commissioner Mason Sherrill gave the presentation on the International Year of the Bat. I. STAFF PRESENTATIONS 1. Maplewood Nature Center Programs i. Environmental Planner, Shann Finwall introduced some of the upcoming programs at the Maplewood Nature Center. Contact the Nature Center at 651-249-2170 for further information. J. ADJOURNMENT Vice Chair Johannessen adjourned the meeting at 9:40 p.m. February 16, 2012 Environmental and Natural Resources Commission Meeting Minutes 3 Agenda Item 5.a. MEMORANDUM TO: FROM: SUBJECT: DATE: Environmental and Natural Resources Commission Shann Finwall, AICP, Environmental Planner Environmental and Natural Resources Commission 2011 Annual Report March 14, 2012 for the March 19 ENR Commission Meeting INTRODUCTION Annually the Environmental and Natural Resources Commission submits a report to the City Council which outlines the actions and activities taken by the commission during the preceding year, recommendations needed to existing ordinances or policies based on past reviews, and goals envisioned for the upcoming year. The report serves as a means of relaying important information on the Commission's accomplishments and obtaining feedback on proposed goals. RECOMMENDATION Review and offer feedback/comment on the attached EN R Commission 2011 Annual Report. Attachment: Environmental and Natural Resources Commission 2011 Annual Report Attachment City of Maplewood Environmental and Natural Resources Commission 2011 Annual Report March 19, 2012 Preface The Environmental and Natural Resources (ENR) Commission is charged with protecting, preserving and enhancing the environment of the City of Maplewood. Members The ENR Commission consists of seven members appointed by the City Council. Membership terms are for three years, with extensions for additional terms approved by the City Council. The current membership is as follows: Board Member Membership BeQan Term Expires Dale Trippler Randee Edmundson Carol Mason Sherrill Ginny Yingling Ann Palzer Bill Schreiner Judith Johannessen 02/25/08 02/08/10 11/27/06 11/30/06 07/25/11 06/09/08 07/14/08 09/30/12 09/30/12 09/30/13 09/30/13 09/30/13 09/30/14 09/30/14 Commissioner Palzer was appointed on August 25, 2011, after the resignation of Commissioner Carol Lynne on May 6, 2011. Commissioner Palzer's term will expire in 2013. Commissioners Schreiner and Johannessen were reappointed to three-year terms in September 2011, with terms expiring in 2014. Commissioners Trippler and Edmundson have terms expiring this year (September 30, 2012). Chair and Vice Chair Each year the Commission appoints Commissioners to serve as Chair and Vice Chair. On January 19, 2012, the Commission appointed Commissioner Edmundson to be the Chair and Commissioner Johannessen to be the Vice Chair. Previously (2011) the Chair was Commissioner Schreiner and the Vice Chair was Commissioner Edmundson. Meetinqs The ENR Commission meetings are held the third Monday of every month at 7:00 p.m. In 2011, the EN R Commission scheduled 12 regular monthly meetings and held 11. Of the 12 regular monthly meetings, two meetings were rescheduled due to Martin Luther King and President's Day Holidays. During the rescheduled meeting in February, the meeting was canceled due to a lack of a quorum. 2011 Attendance Commissioner Attendance Judith Johannessen Randee Edmundson Dale Trippler Bill Schreiner Carol Mason Sherrill Ginny Yingling 11 of 11 10 of 11 10 of 11 9 of 11 9 of 11 9 of 11 Carole Lynne Ann Palzer o of 4 (Resigned in June) 5 of 5 (Began in August) Reviews and Accomplishments The ENR Commission is a strong element to the city's environmental planning. One of the missions of the Commission is to develop and promote sustainable practices for city policies and procedures. In 2011 the ENR Commission worked on the following environmental issues: 1. Shoreland/Wetland Regulations 2. GreenStep Cities Program 3. Eureka Recycling 2010 Year End Report 4. Western Hills Area Street Improvement Project - Wetland Impacts 5. Emerald Ash Borer Plan 6. Living Streets Policy 7. Trash Collection System Analysis 8. Greenways 9. Environmental Neighborhood Groups 10. Chicken Ordinance 11. Maplewood Mall Stormwater Improvements 12. National Pollutant Discharge Elimination System (NPDES) Permit Presentation 13. Renewable Energy Ordinance 14. Wakefield Lake Experimental Storm Water Treatment Basin 15. Gladstone Savanna Response Action Plan 16. Maplewood Dump Site 17. Joy Park Wetland Buffer Waiver Outside Activities 1 . Waterfest 2. National Night Out Recycling Bin Distribution 3. Spring and Fall Clean Ups 4. Nature Center Programs Goals During the January Commission meeting, the ENR Commissioners chose the following goals for 2012: 1. Environmental Education 2 2. Environmental Neighborhood Groups 3. Greenways 4. Chemical Use 5. Plastic Bags Additionally, the Commission determined that the following action items need to be reviewed in 2012: 1. Solid Waste Management Ordinance 2. Shoreland Ordinance/Wetland Ordinance 3. Environmental Protection Ordinance (Slopes and Mississippi Critical Area) 4. Living Streets Policy Implementation of Goals During the February Commission meeting, the ENR Commissioners reviewed the goals and determined how best to implement them throughout the year. It was determined that the Commission would branch off into subcommittees to research the goals. All subcommittee reports would be presented to the full Commission for review and recommendation. Following are the subcommittees formed: 1. Environmental Education: Commissioners Palzer and Johannessen formed a subcommittee to focus on opportunities for environmental education. 2. Environmental Neighborhood Groups: Commissioners Edmundson, Johannessen, and Mason Sherrill will continue on with the Environmental Neighborhood Group subcommittee. 3. Greenways: Commissioners Trippler and Yingling will continue on with the Greenway subcommittee. 4. Chemical Use: Commissioners Mason Sherrill and Yingling will research this subject matter independently. 5. Plastic Bags: Commissioners Mason Sherrill and Yingling will research this subject matter independently. Conclusion The ENR Commission will continue to carry out their mission as follows: 1. Establish environmental priorities for the city. 2. Make recommendations on policies, procedures and ordinances that control, protect, preserve, and enhance the city's environmental assets. 3. Participate in the mission and goal of the Maplewood Nature Center and Neighborhood Preserves. 4. Promote greater use and appreciation of the city's environmental assets. 5. Sponsor environmental projects to enhance, repair, replace, or restore neglected or deteriorating environmental assets of the city. 6. Develop educational programs that foster the mission of the Commission. 7. Develop and promote sustainable practices for city policies and procedures. 3 Agenda Item 6.a. MEMORANDUM TO: FROM: SUBJECT: DATE: Environmental and Natural Resources Commission Shann Finwall, AICP, Environmental Planner Maplewood Trash Plan Update - Trash Cart Implementation Plan March 14,2012, for the March 19 ENR Commission Meeting BACKGROUND On November 28, 2011, the City Council authorized the execution of a Contract between the City of Maplewood and Allied Waste Services. The Contract is for City-wide residential trash collection. The Contract requires that the City purchase and own the trash carts, with the Contractor responsible for assembly, distribution, maintenance, and inventory. On February 13, 2012, the City Council authorized a one-time waiver to the City of Maplewood Purchasing Procedure to allow the City to purchase trash carts through a cooperative purchasing company which meets the requirements of State statute. On February 27, 2012, the City Council authorized the purchase of trash carts through Otto Environmental Systems N.A., Inc. DISCUSSION Trash Cart Purchase The City will purchase trash carts through Otto Environmental Systems N.A., Inc. The purchase includes 10,330 trash carts in sizes specified in the Contract (20, 32, 65, and 95 gallon). The cost, depending on final cart sizes and counts, is estimated at $414,564. These trash carts come in a variety of colors. Otto is also offering all black trash carts at a reduced cost of $408,972. The reduction in the cost of the black carts is due to the use of up to 50 percent post consumer product (recycled trash carts). The quote includes freight, delivery, and a ten-year warranty. Trash Cart Order Form City staff is now working with Allied and Otto on the creation of a mail and web-based cart order form. The form will be mailed to all eligible single family residential properties in April with orders being requested back to the City by mail or web-based submittal by May 15. During the cart order timeframe (approximately April 1 through May 15), the City will display the trash carts and size options at City Hall, Community Center, Nature Center, and the Ramsey County Library. Residents who fail to submit the order form by the deadline will be supplied the default cart size of 95 gallons. A process will be put in place to allow for the exchange of the initial carts after 60 days to accommodate residents who chose to switch cart sizes. After the initial cart exchange period, the Contract with Allied allows residents to change out cart sizes once every year at no additional fee. The City's final cart purchase order will be submitted June 1 with carts arriving in September. Allied will deliver carts to the homes in mid-September. Trash service will begin October 1,2012. A cart implementation plan including cart storage, maintenance, and replacement is required as part of the Allied Contract. Those details are currently being worked out. 20 Gallon Cart Size During the Commission meeting staff will present two variations of the 20 gallon cart. One is a true 20 gallon cart and the other is a 32 gallon cart with a 20 gallon insert. The Contract requires that the trash carts be picked up through an automated system. Allied Waste Services will test the two cart sizes to determine if their truck's automated arms can accommodate the 20 gallon cart size. Use of the true 20 gallon cart will save the City money, as those carts are less expensive than the 32 gallon carts with the 20 gallon insert. Additionally, the true 20 gallon cart is a better representation of the volume of trash the cart can hold. Trash Cart Color and LOQo During the meeting staff will present color options for the City-owned trash carts. Black carts will be the most economical option as described above. Other colors available include grey, beige, green, blue and other natural colors. Reds, yellows, or other bright colors would cost the City additional money and were not included in the quotes from Otto. Otto suggests having the City's logo stamped on each side of the trash carts. The Commission should review the use of the City's standard logo versus the sustainable logo recently created as part of the City's sustainability initiatives. RECOMMENDATION Review the cart implementation plan and offer comment and feedback. Recommend a color and logo for the City-owned trash carts. 2 Agenda Item 6.b. MEMORANDUM TO: FROM: SUBJECT: DATE: Environmental and Natural Resources Commission Shann Finwall, AICP, Environmental Planner Solid Waste Management Ordinance March 14, 2012 for the March 19 ENR Commission Meeting INTRODUCTION The City's new residential trash collection plan will roll out on October 1, 2012. The new trash plan was authorized by the City Council on November 28, 2011, when the contract with Allied Waste Services was approved. The City's solid waste management ordinance (Chapter 30) allows for a subscription trash hauling system within the City. A subscription system allows residents to hire any City-licensed trash hauler to pick up their trash. The City currently has nine residentially licensed trash haulers. The Maplewood Trash Plan organizes the City's residential trash collection into a City-wide contracted system. The five-year contract with Allied Waste Services includes trash pickup for single family residential homes, with town home and manufactured home developments able to opt into the plan if they choose. The City's solid waste management ordinance should be revised to reflect the new trash plan and the City's waste reduction goals. DISCUSSION Solid Waste Management Ordinance The solid waste management ordinance was adopted on June 6,1997. Following are highlights of the ordinance and trash hauling licensing requirements: Ordinance Residents must have trash collected from their property at least once a week from a licensed trash hauler. Trash must be stored in a rodent-proof container. Recyclables must be placed on the curb for collection. Trash collection is limited to the hours of 6 a.m. to 6 p.m., Monday through Saturday. Trash is picked up according to the City's day-certain trash and recycling pick up days (Monday through Friday). Licensing All trash haulers are required to be licensed by the City. The yearly license fee is set by the City Council. The fee is currently $129 per year. The license runs from September to August of each year. The license application must include the following: Name and address A statement that the trash hauler will follow a long-range plan of disposal in conformity with state pollution control agency regulations. Provide maps of service routes configured so that customers on load-sensitive streets are among the first served on such routes. Haulers must comply with the following: Carry general and auto liability insurance. Pick up trash on day-certain trash pick-up routes. Use tandem axels or flotation tires to reduce the per-axle weight of all trucks used for collection. Provide collection carts or bins. Volume-based rates (30 gallon being the minimum). Provide collection of yard waste to customers upon their request. Provide special collection services within 24 hours of customer's request. Provide special service collection for physical concerns. File all residential customer rates effective for the following year with the City. Amended rates must be filed within two weeks of any change. Penalty for noncompliance of ordinance and licensing requirements are as follows: Failure to comply with the ordinance and licensing requirements is grounds for revocation of the license by the City Council. Revisons The ENR Commission will have an opportunity to review the solid waste management ordinance during three meetings (February, March, and April). The City Council will receive an update on the ordinance amendments during their May 7 workshop, with first and second reading by the Council tentatively scheduled during two regular Council meetings in May. Since the Commission's initial review of the ordinance in February, Dan Krivit and Susan Young of Foth Environment and Infrastructure, LLC, have made revisions to the ordinance (Attachment 1). Following is a summary of those revisions: 1. Revisions proposed: . Adding definitions for: 0 Garbage (a/k/a trash) 0 Recyclables 0 Recycling 0 Rubbish 0 Solid Waste 0 Yard Waste . Opt-I n/Opt-Out Regulations . Delinquent Account Regulations 2. Revisions which still need to be reviewed: . Purpose Statement . Combining the SWMO with the Multi-Family Recycling Ordinance (Attachment 2) . Review Section Numbers to Match with New Codification . Trash Hauling Standards to include items such as: o Where residents are required to set out their cart (on/next to the curb, etc.) o Walk in service: application form, criteria, other City procedures, etc. o Opt-out / Opt-in: forms, criteria, other City procedures, etc. o Cart sizes, level of service o 20-gallon every-other-week application form and criteria o Bad debt collections: criteria/City procedures . Need to check on whether or not the County has a resolution regarding self-hauling. . 2 . Need to reference more specifically what are County and State guidelines for back yard compo sting . Future Organics Program . Future Pay-as-You-Throw Program . Other City waste reduction goals RECOMMENDATION Review the solid waste management ordinance and offer comment and feedback on revisions needed to reflect the City's new residential trash plan and waste reduction goals. Attachment: 1. Solid Waste Management Ordinance 2. Multi-Family Recycling Ordinance 3 Attachment 1 ORDINANCE NO. Solid Waste Management The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This section amends the solid waste management chapter of the Maplewood Code. (Additions are underlined and deletions are stricken from the original ordinance.) Article I. Sec. 30-1. Sec. 30-2. Sec. 30-3. Sec. 30-4. Sec. 30-5. Sec. 30-6. Sec. 30-7. Sec. 30-8. Sec. 30-9. Sec. 30-10. Sec. 30-11. Sec. 30-12. Secs. 30-13 Article II. Sec. 30-41. Sec. 30-42. Sec. 30-43. Sec. 30-44. Sec. 30-45. Sec. 30-46. Sec. 30-47. Sec. 30-48. Secs. 30-49 Article III. Sec. 30-76. Sec. 30-77. Secs. 30-78 Article IV. Chapter 30 SOLID WASTE MANAGEMENT* In General Definitions. Disposal required. Disposal methods. Containers and storage of waste materials. Collection and disposal generally. Hours of collection. Unlawful disposal; location of containers for collection; disposal of inflammable or explosive materials. Unauthorized collections. Collection requirements generally. Manner of transporting materials. Obstruction of, delay of or interference with contractor. Penalty for violation of article. 30-40. Reserved. Collection Licenses Required. Application; fee; duration. Insurance. Garbage trucks. Pickup schedules. Duty of licensees to report accumulations of garbage or refuse. Suspension or revocation. Volume-based rates. 30-75. Reserved. Disposal Sites Unlawful deposit of garbage and other substances. Applicability of article. 30-105. Reserved. Recycling and Waste Management Draft SWMO 3-19-12 Page 1 of 12 Sec. 30-106. Purpose. Sec. 30-107. Program established. Sec. 30-108. Rates and charges. 'State law reference: Authority for city council to provide for or regulate the disposal of garbage and other refuse, Minn. Stats. S 412.221, subd. 22.; [DO ADDITIONAL M.S. SECTIONS NEED REFERENCING HERE, M.S. 115A.XX; M.S. 473.XX ??l Draft SWMO 3-19-12 Page 2 of 12 SOLID WASTE MANAGEMENT S 30-3 ARTICLE I. IN GENERAL Section 30-1. Scope. This ordinance applies to the regulations of...... Section 30-1. Purpose and Intent. It is the goal of the city to ... ... Sec. 30-~-'l-. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: City-contracted qarbaqe hauler is the entity that the city contracts with to provide qarbaqe collection and disposal services in the city. The City-contracted qarbaqe hauler is the sole hauler for residential QarbaQe in the city. City-provided trash carts are the wheeled containers for QarbaQe that are owned by the city and provided to qarbaqe customers for their use; the containers are of various sizes and ownership is retained by the city. Compost means lawn and garden waste, such as leaves and grass clippings, which are allowed to decompose naturally. Garbage means food waste and household waste materials and putrescible materials, and excludes refuse. Recyclables means the materials desiqnated by city manaqer standards for separate collection. processinq and recyclinq as part of the city's municipal. residential curbside recyclinq proqram. RecyclinQ means the process of sortinQ, haulinQ, processinQ and marketinQ recyclable materials. Refuse means but is not limited to vehicle parts, tires, scrap metal, ashes, grass, weeds and garden waste not being composted, scrap wood, brush, tree trunks, broken or unused household appliances and furniture, recreational equipment parts, sod, concrete chunks, blacktop chunks, unused building materials, pails, barrels and similar materials. (Code 1982, S 16-1) Self-haul is the city-approved method for a resident to contain and transport QarbaQe from their own household to a city-approved. environmentally secure facility in accordance with State law and County Resolution. Self haul can only be accomplished with the specific approval of the City. Draft SWMO 3-19-12 Page 3 of 12 Solid waste has the meaninQ Qiven by Minnesota Statutes 115A.XX .... [AKA municipal solid waste. AKA miJ(oa [NO] municipal solid waste] includinq qarbaqe. recyclables (?). refuse and yard waste. Vectors of disease are animals includinq but not limited to mice. rats. squirrels. crows. flies and other vermin that are capable of carryinq. transmittinq and/or infectinq humans with disease. Yard waste shall be defined [as per M.S. 115A.XXX....l includinq leaves. qrass c1ippinqs. other soft-bodied plant material, [and includinQ brush up to 4-inches in diameter??l Sec. 30-;!2. Disposal required. Every person shall legally dispose of garbage that accumulates upon his property in the city at least once a week or more often as directed by the city manager unless qiven special permission as per Sec. 30-2(bl.. Every firm, corporation, occupant or owner of any dwelling, boardinghouse, apartment building, manufactured home, or any other structure in the city, including churches and halls, shall have garbage and refuse collected by haulers licensed by the city and shall comply with this chapter and with the dates of collection and requirements therefor as established by the city manager. (a) Every person occupyinq a residential property shall utilize the qarbaqe service contracted for by the city (city contractor). unless qiven special permission as per Sec. 30 -2(b). Self- haul. of this Ordinance. (b) Self-haul Persons may apply to the City, on a form provided by the City, for permission to "self-haul" their qarbaqe. Permission may be qranted to self-haul if proof of an environmentally sound alternateive disposal method that complies with State Law (M.S. 115A.941. Subd. (b)) and County Resolution [NOT SURE THE COUNTY HAS SUCH A RESOLUTION?l is provided to the City. Examples of acceptable alternativee disposal methods may include written permission to dispose of qarbaqe in a neiqhbor's qarbaqe cart (shared service) or use of a commercial dumpster owned or leased for use by a commercial property owned or leased by the applicant. Residents that are approved by the city for self- haul must remove their QarbaQe at least once per week. Self--haul can only be accomplished with the specific. written approval of the City. (Code 1982, S 16-2) Sec. 30-~3. Disposal methods. (a) Occupants of single- ana two family homes (up throuqh four-plex homes) shall store all garbage l.!:Lin roaontFJroof Geverea GentainerE:city-provided trash carts between weekly collections. On the designated day of collection in their area, they may place the garbago City-provided trash cart on the curb ifIfor collection by the city-contracted qarbaqe hauler. oithor soalod polyothylono bags of or el:lllivalent te at leaE:t 1'1-~ thiGkness er in JO te 90 gallen einE:city-provided trash carts. Instead of this requirementJQ place the city-provided cart at the curb or alley., special arrangements may be made with the halller 9!Y..for walk-in service accordinq to standards established by the city manaqer. (b) Every person occupyinQ a residential property shall utilize city-provided trash carts for disposal of qarbaqe. The carts are the property of the city. and shall be used solely for disposal of qarbaqe. Only city-provided qarbaqe carts or approved plastic qarbaqe baqs in addition to the cart shall be used for the disposal of qarbaqe. (e) Tree limes ana Christmas trees, Gllt se as net te eXGeea fellr inGhes in aiameter ana three foot in longth, tioa in ellnalos sf ns msro than 1 g inshos in aiamotor, may alss eo FJlasoa in the E:ame manner aE: FJreE:Grieea in E:lleE:eGtien (a) ef thiE: E:eGtien. (c) The owner, operator or manager of any building containing more than lwe--four dwelling units or of any firm or corporation where garbage accumulates in excess of four 30- to 32- gallon containers per week shall have bin (e.q.. metal. commercial "dumpsters") service weekly from a commercial-type hauler licensed to do business in the city. The bins shall be of a minimum capacity of one cubic yard, covered, and of an approved sanitary type with the proper attachments for lifting onto refuse trucks. (d) Recyclable materials from residential dwellings shall be placed on the curb for collection in city-provided recyclinq bins, recyclinq carts. boxes or paper bags. (e) Yard wastes, including leaves, grass clippings, other soft-bodied plant material, to be collected by a-the city's contract refllE:e GelleGter QarbaQe hauler shall be placed on the curb for collection in bins or bags as FJrosGriesa in SllesOGtisn (a) sf this sOGtisn. Instoaa sf this rel:lllirement,usinq -subiect to special arrangements may ee maae with the city-contracted qarbaqe hauler fer walk in E:erviGe. I (f) Refuse and waste materials not disposed of through a liGenE:eathe city's contract FeHlse qarbaqeGelleGter hauler shall be taken to iLdisposal site, such as a compost facility. landfill or transfer station, approved by the state or the appropriate agency in the state to which the waste is delivered_. Rssiaonts whs llSO this sstisn ts sst Sllt sf GslloGtisn sorviGo sreviaea ey the City'E: GentraGt refllE:e GelleGter mllE:t firE:t ee assreveallE:ina an assliGatien ferm te ee sreviaea ey the City. ReE:iaentE: whe are assrevea in thiE: manner te E:elf halll mllE:t remeve their refllE:e ana waE:te materialE: at leaE:t en a weeklv eaE:iE:. (g) Home lawn" aml-garden waste. and kitchen food scraps may be com posted in small quantities on a residential lot as long as the compost pile does not create a nuisance for neighbors from odor, vectors of disease or unsightliness. Compost piles must be placed at least five feet from rear- and side-yard property lines and shall not be placed in a front yard. Residents must follow compostinq operation quidelines as published by the County and the State. (Code 1982, S 16-3) Sec. 30-24. Containers and storage of waste materials. Except on days of collection when garbage may be put on the curb for collection in residential areas, -every -person -as a -householder, -occupant -or -owner -of -any -dwelling, boardinghouse, apartment building or any other structure utilized for dwelling purposes and any restaurant, firm, corporation or establishment that accumulates garbage in the city shall use city- provided trash carts. er FJreviae anallE:e ene er mere flytight ana watertight metal er el:lllivalent reaent_FJreef gareage GentainerE:. (Code 1982, S 16-4) (State law reference: Unlawful deposit of garbage, litter, etc., Minn. Stats. S 609.68.) Sec. 30-2,5. Collection and disposal generally. (a) All garbage and refuse accumulations in the city shall be collected" aml-conveyed and disposed under the supervision of the city manager. The city manager shall have the authority to make rllleE: ana reglllatienE:adopt solid waste collection standards concerning Draft SWMO 3-19-12 Page 5 of 12 days of collection, type and location of waste containers and other matters as he deems necessary, if the HIles-standards are not contrary to this chapter. (b) In all E:ingle ana twe family awellingE: in the Gily, it E:hall ee the reE:FJenE:ieilily ef the ewner er eGGllFJant te GentraGt with the liGenE:ea halller ef hiE: GheiGe te remeve gareage ana refllE:e. (c) Fees for hauling garbage, refuse, etc., under this chapter shall be paid directly to the liGenE:ea city's contract qarbaqe hauler by the owner, agent, occupant or tenant of the premises at which the garbage and rubbish is collected, and such fee shall be full compensation for the services. The GelleGter may refllE:e te make GelleGtienE: frem any FJremiE:eE: when the feeE: are net FJaia. (Code 1982, S 16-5) (d) [NEED NEW SECTION(S) ON OPT IN; OPT OUT; Residents whe llE:e thiE: eptien who wish to apply to the city to opt out of collection service provided by the city's contract refuse collector must first be approved usinQ an application form to be provided by the city. Residents who are approved in this manner to self-haul must remove their refuse and waste materials at least on a weekly basis. (e) [NEED NEW SECTION ON DELINQUENT ACCOUNTS: PROCEDURES FOR FEES COLLECTION AND CITY/COUNTY ASSESSMENT ONTO PROPERTY TAXESl [SY - "the city attorney should determine if this should be part of the rules. not the ordinance?"l The city manaQer shall have the authority to establish procedures and standards for how the city- contracted qarbaqe hauler shall attempt to make collections from Sec. 30-I.S. Hours of collection. The collection of garbage or rubbish shall be made only between the hours of 6:00 a.m. and 6:00 p.m., Monday through Saturday. (Code 1982, S 16-6) Sec. 30-j!7. Unlawful disposal; location of containers for collection; disposal of inflammable or explosive materials. (a) No person in the city shall place any garbage, rubbish" _refuse or waste material in a street, alley or other public place or upon any private property, whether owned by such person or not, except as provided by this chapter. (b) No person shall throw or place any garbage or refuse in any stream or other body of water in the city. fG) Ne FJeFE:en E:hall FJlaGe any waE:te material in any E:treet, alley er ether FJlleliG FJlaGe in the Gity, Cf4) No person in the city shall store, sweep or deposit any garbage or refuse in such a manner that it may be carried by elements off his property. (ge) No person shall bury or burn any garbage or refuse in the city. @f) Except as otherwise provided in this article, all metal-city-provided trash cartsGentaineFE: er el:lllivalent, for the collection of FefllE:eqarbaqe, shall, always, be located behind the rear line Page 6 of 12 of the dwelling, in the garage or screened from view from the street, and at least ten feet from any abutting dwelling. Ifg) Highly flammable" _explosive. hazardous. or otherwise toxis materials shall not be placed in GentainerE: city-provided trash carts for regular collection, but shall be disposed of by notifying the fire marshal, who will issue directions for the disposal of such items at the expense of the owner or possessor thereof. (Code 1982, S 16-7) Sec. 30~8. Unauthorized collections. Any person who permits garbage or refuse to be picked up from his premises in the city by an unauthorized or unlicensed collector under this chapter shall be guilty of a violation of this chapter. (Code 1982, S 16-8) Sec. 30-109. Collection requirements generally. It shall be the duty of every contractor, scavenger and person, including his agents and employees, who has contracted or undertaken to remove any garbage, refuse, waste material, or other filthy, offensive or noxious substance or who is engaged in the removal, loading or unloading of any such substance in the city to do such with dispatch, in a clean manner and with as little danger and prejudice to life and health as possible. (Code 1982, S 16-9) Sec. 30-11-'<<). Manner of transporting materials. All persons engaged in the business of recycling or hauling garbage or refuse in the city shall transport the materials in enclosed vehicles, containers or bins, to prevent any loss of these materials and to prevent litter._ Care shall be taken such that no blowinq or escape of aareaae er refllE:e eGGllrE: allrina the GelleGtien ef aareaae. refllE:e er reGYGlina any form of solid waste [TO COVER YARD WASTES. RECYCLABLES TOOl. (Code 1982, S 16-10) Sec. 30-12#. Obstruction of, delay of or interference with contractor. No person shall obstruct, delay or interfere with any contractor or person engaged in the city in removing any effal, gareage, refllE:e, airt, aeaa animalE:, E:ewagesolid wastes or other like substances or with the proper performance of their contract. (Code 1982, S 16-11) Sec. 30-13-'1-2. Penalty for violation of article. Any person violating any of the sections of this article shall be guilty of a misdemeanor, and upon conviction, shall be punished in accordance with section 1-15. The city also may handle violations of this article through the administrative offenses procedures in section 1-17. (Code 1982, S 16-12) Secs.30-1413 _30-40. Reserved. ARTICLE II. COLLECTION LICENSES Sec. 30-41. Required. It shall be unlawful for any person to collect any form of solid waste. garbage"~r refuse..Q.[ recyclablesiml in the city without having first secured from the city council a license to do so. (Code 1982, S 16-26) Sec. 30-42. Application; fee; duration. (a) Any person desiring a license to collect garbage and refuse in the city shall apply for the license to the clerk. The application shall set forth and require: (1) The name and address of the applicant. (2) An attestation that the applicant will follow a long-range plan of disposal in conformity with state pollution control agency regulations and county policies. (3) The applicant to: a. Use tandem axles or flotation tires to reduce the per-axle weight of all trucks used for collection of solid waste. b. Provide maps of service routes configured so that customers on load-sensitive streets will be among the first served on such routes. c. Provide collection carts or bins to customers upon their request. d. Provide collection of yard waste to customers upon their request. e. Provide special or extraordinary collection services within 24 hours of a customer's request. f. Provide special service collection arrangements for customers to accommodate their physical health concerns. g. InaiGate whether it will GelleGt trem GemmerGial aGGellntE:, reE:iaential aGGellntE:, er-betA GemmerGial ana reE:iaential aGGellntE:. h. Provide information that may be required of the city by county, metropolitan, state, or federal governments. (b) The application described in subsection (a) of this section shall be submitted to the city manager. Upon finding that the applicant is responsible, has proper equipment for such collection and that no nuisance is liable to be created by the granting of the license, the city manager shall endorse and approve the application. (c) Before any license may be issued, the applicant shall pay to the clerk a license fee imposed, set, established and fixed by the city council, by resolution, from time to time, which fee shall accompany the application. (d) No license issued under this article shall be for a longer period than one year, and all licenses shall expire on December 31 of each year. (Code 1982, S 16-27) Sec. 30-43. Insurance. The applicant for the license required under this article shall provide a certificate of public liability insurance in the amounts specified in this section for collecting garbage and refuse. Such insurance policy shall be subject to the approval of the city manager. The applicant must also provide a comprehensive general policy of liability insurance with minimum coverages as stated. At a minimum, the insurance shall conform to the following county requirements: fALAN KANTRUD TO REVIEW/APPROVE OR UPDATEl @-'I-) General liability in the following amounts: la. Bodily injury, per occurrence, or combined single limit, $500,000.00. ~b. Property damage, $250,000.00. (Q~) Auto liability in the following amounts: la. Property damage or combined single limit, $500,000.00. ~b. Bodily injury in the following amounts: ~-'I-. Per person, $250,000.00. Q~. Per occurrence, $500,000.00. (Code 1982, S 16-28) Sec. 30-44. Garbage Solid waste trucks. Each gareage ana refllE:esolid waste collector licensed under this article shall provide a covered tank or wagon, so constructed that the contents will not leak or spill from it, in which all gareage ana refllE:esolid waste collected shall be conveyed to an approved recyclinq. compostinq or disposal facility. The truck or conveyance used shall be kept clean and as free from offensive odors as possible and shall not be allowed to stand in any street, alley or public place longer than is reasonably necessary to collect garbage and refuse. (Code 1982, S 16-29) Sec. 30-45. Pickup schedules. Each licensee under this article shall consent to and follow a schedule of pickups, setting the day and area of pickups, as established by the city manager, to limit area pickups to the same day per week each week. [AS WORDED. COULD THIS "SAME DAY" SCHEDULE REQUIREMENT BE APPLIED TO COMMERCIAL TRASH HAULING TOO?l (Code 1982, S 16-30) Sec. 30-46. Duty of licensees to report accumulations of garbage or refuse. Each hauler licensed under this article shall report any accumulations of garbage or refuse that violates this Code or other city ordinances to the city manager. (Code 1982, S 16-31) Sec. 30-47. Suspension or revocation. (a) Failure by a licensee under this article to comply with this chapter shall be grounds for revocation of the license by the city council after a hearing for the purpose. (b) If the city manager finds a violation of this chapter by a licensee under this article and he orders correction of the violation which the licensee fails to make, the city manager may suspend the licensee's right to operate under the terms of the license and order this appearance at the next regular meeting of the city council for a hearing on whether the suspension should continue in effect. (Code 1982, S 16-32) Sec. 30-48. Volume-based rates. Each garbage hauler licensed under this article shall provide to its rosiasnlial customers a system of volume-based rates. A volume-based rate includes a solid waste collection charge and a disposal charge based on the volume of the solid waste. There E:hall ee a minimllm ef three GategerieE: fer the velllme ef gareage ana fer the rate ef GelleGtien, the leaE:t amellnt ef velllme fer whiGh E:hall ee JO gallenE:. That FJart ef the FJriGe fer E:erviGe eaE:ea en the aiE:FJeE:al Gharge E:hall ee FJreFJertienately aifferent fer the three velllmeE: ef waE:te GelleGtien E:erviGe. Fllrther, eaGh halller E:hall FJreviae E:erviGeE: fer amellntE: leE:E: than JO gallenE: at a FJriGe eelew what it oharges for oolleotion ana aisFJosal servioes for 30 gallon volumes. Eaoh lioensea refuse GelleGter E:hall file all reE:iaential GllE:temer rateE: effeGtive fer the fellewing year with the Gity Glerk. The filing E:hall ee en a ferm aFJFJrevea ey the Gity ana E:hall ee amenaea ey the liGenE:ee frem time te time aE: the rateE: are Ghangea. The amenaea filing E:hall ee within twe weekE: ef any Ghange. The city's contract hauler for residential trash collection shall propose new rates each year by September 1 for the upcominq calendar year based on the price eE:GalaterE: indicators and adiustment formulas specified in the contract. The city manaQer shall review and may approve or disapprove these new rates by November 1 each year. If the city manaQer disapproves the rates, the rates for the next year shall be the same as the previous year. The city manaqer shall not frivolously or maliciously disapprove a rate increase. (Code 1982, S 16- 33) Secs. 30-49 30-75. Reserved. ARTICLE III. DISPOSAL SITES Sec. 30-76. Unlawful deposit of solid waste garbage and other substances. No solid waste. manure, garbage, offal or any vegetable or animal matter or odorous substance, which may be detrimental to health, shall be dumped at any place within the city limits. (Code 1982, S 16-46) Draft SWMO 3-19-12 Page 10 of 12 Sec. 30-77. Applicability of article. No dump for solid waste. garbage, refuse materials and other solid waste shall be operated within the city by any person or as a public dump operated by the city. (Code 1982, S 16-47) Secs.30-78 30-105. Reserved. ARTICLE IV. RECYCLING AND WASTE MANAGEMENT Sec. 30-106. Purpose. The city's goal is to improve waste management and to serve the following purposes: @-'I-) Reduction in waste generated. (Q~) Separation and recovery of materials and energy from waste. (fJ) Reduction in indiscriminate dependence on disposal of waste. (9.4) Coordination of solid waste management among political subdivisions. (Code 1982, S 16- 56) Sec. 30-107. Program established. The city has established and developed a local recycling program throughout the city. The city's goal is to promote public education and solid waste reduction and recycling. (Code 1982, S 16- 57) Sec. 30-108. Rates and charges. (a) The rates and charges for public education on solid waste reduction and recycling shall be set from time to time by the council, and a schedule of such fees is on file and available in the city offices. (b) There shall be added to all statements not paid by the date due a delinquency charge of ten percent of the amount due; provided, however, that the city manager may adjust the delinquency charge based upon a customer's circumstances such that the amount billed could not be paid by the date due. (Code 1982, S 16-58; Ord. No. 781, S 1,6-9-1997; Ord. No. 804A, S 1,12, 13, 1999; Ord. No. 809, S 1,12-11-2000; Ord. No. 819, S 1,12-10-2001) Attachment 2 CODE OF ORDINANCES Chapter 30 - SOLID WASTE MANAGEMENT ARTICLE IV. - RECYCLING AND WASTE MANAGEMENT ARTICLE IV. - RECYCLING AND WASTE MANAGEMENT ;:;~c3Q:1QI3:F'wPQs~ ;:;e_cc3QJQZ_J)rQ9Ia-'1J~~t?l>Ij"h"sL Sec. 30-107.1. - Required recvclinq services' multiple-familv dwellinqs. Sec. 30-108. - Rates and charQes. Sec. 30-106. - Purpose. The city's goal is to improve waste management and to serve the following purposes: (1) Reduction in waste generated. (2) Separation and recovery of materials and energy from waste. (3) Reduction in indiscriminate dependence on disposal of waste. (4) Coordination of solid waste management among political subdivisions. (Code 1982, S 16-56) Sec. 30-107. - Program established. The city has established and developed a local recycling program throughout the city. The city's goal is to promote public education and solid waste reduction and recycling. The city shall require all the owners and managers of multiple-family dwellings to assure that they provide recycling services to all their residents. (Code 1982, S 16-57; Ord. No. 862, 7-11-2005) Sec. 30-107.1. - Required recycling services; multiple-family dwellings. (a) Definitions. For purposes of this section, the following terms have the meanings indicated: A/uminum cans means disposable containers fabricated primarily of aluminum, commonly used for soda, beer, juice, water or other beverages. Collection means the aggregation of recyclable materials from the place at which it is generated and includes all activities up to the time when it is delivered to a recycling facility. Corrugated cardboard means cardboard material with double-wall construction and corrugated separation between walls but not plastic-coated cardboard. Designated recyc/ab/es means the following recyclable materials: aluminum cans; steel cans; glass jars and bottles; paper recyclables; plastic bottles; and corrugated cardboard. G/ass jars and bottles means unbroken jars and bottles, and containers (lids/caps and pumps removed) which are primarily used for packing and bottling of food and beverages. Mu/tip/e-family dwellings means a building or a portion thereof containing two or more dwelling units. Paper means newspapers; household office paper and mail; boxboard; and magazines/catalogs. No boxboard containers used for food product storage in the refrigerator or freezer are included. Maplewood, Minnesota, Code of Ordinances Page 1 of 4 Attachment 2 CODE OF ORDINANCES Chapter 30 - SOLID WASTE MANAGEMENT ARTICLE IV. - RECYCLING AND WASTE MANAGEMENT Plastic bottles means plastic bottles shaped with a neck, rinsed and with lids, caps, rings and pumps removed. Recyclable plastic bottles shall be identified on the bottom with the SPI plastic codes #1 (PETE) and #2 (HDPE), including bottles containing: liquor; milk; juice; soft drinks; water; certain food; soap and cosmetics. Recycling container for multiple-family dwellings means any bin, cart, dumpster or other receptacle for temporary storage and collection of designated recyclables from tenants in multiple-family dwellings prior to collection. Such recycling containers must be separate, explicitly labeled as to recyclables included, and colored differently from other containers for mixed solid waste or trash. Steel cans means all disposable containers fabricated primarily of steel or tin used for food and beverages. (b) Collection services required. The owner of a multiple-family dwelling shall make available to the occupants of all dwelling units on the premises services for the collection of designated recyclables. The recyclables collection services shall be available on the premises and shall be provided on a regularly scheduled basis of at least twice a month. This collection service shall be for at least four broad types of designated recyclable materials. The collection schedule and recycling containers' capacity shall provide for regular removal or the recyclables such that there is adequate storage capacity available in the recyclable containers to prevent overflowing containers. The owner may use the city's recycling contractor to provide the recycling collection services, or they may independently contract with another licensed hauler andlor recycling contractor to provide the recycling collection services at the owner's expense. (c) Recycling information required. The owner of a multiple-family dwelling shall provide recycling information to the occupants of each dwelling unit on the property. This information shall notify the occupants of the availability of collection services, describe the procedures required to prepare the designated recyclables for collection, and identify the dates and times of collection. If the owner elects to use the city's recycling contractor, the city's recycling contractor will supply the owner with the information needed to create this informational fact sheet. (d) Container requirements. The recycling containers shall be: (1) Sufficient in number and size to meet the demands for recycling services created by the occupants; (2) Equipped with self-closing lids; (3) Equipped with standardized labels identifying the type of recyclable material to be deposited in each container and colored differently from other containers for mixed solid waste or trash. (4) Maintained in proper operating condition and reasonably clean and sanitary; (5) Repaired or replaced on a reasonable schedule if stolen or broken. (e) Responsibility for providing and maintaining recycling containers. (1) If the owner of a multiple-family dwelling uses the city's recycling contractor, then the contractor shall provide and maintain adequate recycling containers for demand and needs of the property and its occupants, or Maplewood, Minnesota, Code of Ordinances Page 2 of 4 Attachment 2 CODE OF ORDINANCES Chapter 30 - SOLID WASTE MANAGEMENT ARTICLE IV. - RECYCLING AND WASTE MANAGEMENT (2) If the owner uses an independent recycling contractor, the owner shall assure adequate recycling containers are provided and maintained by the independent contractor. (f) Containers location(s). Recycling containers shall be placed in a location on the premises that permits access for collection purposes but does not obstruct pedestrian or vehicular traffic. All such locations shall comply with the city's zoning and other ordinances. (g) Transportation and disposal. Upon collection by the city's recycling contractor or the owner's independent hauler, that person shall deliver the designated recyclables to a recyclable material processing center, an end market for sale or reuse, or to an intermediate collection center for later delivery to a processing center or end market. It is unlawful for any person to transport for disposal or to dispose of designated recyclables in a mixed municipal solid waste disposal facility. The contractor or hauler shall transport all designated recyclables in a covered vehicle so the recyclables do not drop or blow onto any public street or private property during transport. (h) Scavenging prohibited. It is unlawful for any person, other than the city's recycling contractor or owner's independent hauler, to collect, remove, or dispose of designated recyclables after the materials have been placed or deposited for collection in the recycling containers. The owner, owner's employees, owner's independent hauler's employees, or city's recycling contractor's employees may not collect or "scavenge" through recycling in any manner that interferes with the contracted recycling services. (i) Annual report. Each owner or manager of a multiple-family dwelling shall file an annual report with the city by January 31 of each year on a form to be provided by the city recycling coordinator. The report shall contain, at a minimum, the following information: (1) Name of owner and building manager and contact information; (2) Address of multiple-family dwelling; (3) Number of dwelling units; (4) Description of recycling collection services made available to occupants, including location of containers, dates of collection and whether collection services are provided by owner, owner's employees, or a licensed collector; (5) Description of methods used to inform occupants of availability of recycling services; (6) Tonnage estimates for each type of material recycled as provided by the city's contractor or owner's independent recycling contractor; (7) Name and address of licensed haulerlrecycler that provides collection services and where the recyclables were taken for processing. OJ Administrative penalties. Violation of this section shall be charged as an administrative fine as follows: a fine of $200.00 for the first offense; a fine of $300.00 for the second offense at the same location within a 12-month period; a fine of $500.00 for the third offense or additional offenses within a 24-month period at the same location. The owner shall be notified in writing of the violation and if the owner fails to take action within 15 days of receiving the notice of violation, the owner shall be cited for violation in accordance with the fine schedule. Maplewood, Minnesota, Code of Ordinances Page 3 of 4 Attachment 2 CODE OF ORDINANCES Chapter 30 - SOLID WASTE MANAGEMENT ARTICLE IV. - RECYCLING AND WASTE MANAGEMENT (k) Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this section. If the city elects to seek misdemeanor prosecution, then no administrative fine will be imposed under subpart Ul above. (Ord. No. 862, 7-11-2005) Sec. 30-108. - Rates and charges. (a) The rates and charges for public education on solid waste reduction and recycling shall be set from time to time by the council, and a schedule of such fees is on file and available in the city offices. (b) There shall be added to all statements not paid by the date due a delinquency charge of ten percent of the amount due; provided, however, that the city manager may adjust the delinquency charge based upon a customer's circumstances such that the amount billed could not be paid by the date due. (Code 1982, S 16-58; Ord. No. 781, S 1, 6-9-1997; Ord. No. 804A, S 1,12-13-1999; Ord. No. 809, S 1, 12-11-2000; Ord. No. 819, S 1, 12-10-2001) Maplewood, Minnesota, Code of Ordinances Page 4 of 4