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HomeMy WebLinkAbout2019-12-16 ENR Packet AGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION Monday, December 16, 2019 7:00 p.m. Council Chambers - Maplewood City Hall 1830 County Road B East 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes: a. October 21, 2019 5. New Business a. Solid Waste Management Ordinance and Standards b. 2019 Annual Reports a. Environmental and Natural Resources Commission b. Sustainability C. Solid Waste 6. Unfinished Business 7. Visitor Presentations 8. Commissioner Presentations 9. Staff Presentations (oral reports) a. Reschedule January and February 2020 Environmental and Natural Resources Commission Meetings (Suggested Dates January 28 and February 25) b. January 2020 Election of Chair and Vice Chair C. 2020 Goal Setting Discussion d. Holiday Light and Extension Cord Recycling e. Environmental and Natural Resources Commission Vacancy f. Maplewood Business Awards Program — Environmental Sustainability g. Maplewood Nature Center Programs 10. Adjourn Agenda Item 4.a. MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 7:00 p.m., Monday, October 21, 2019 Council Chambers, City Hall 1830 County Road B East 1. CALL TO ORDER A meeting of the Environmental and Natural Resources Commission was called to order at 7:05 p.m. by Chair Redmond. 2. ROLL CALL Keith Buttleman, Commissioner Absent Joe Gould, Commissioner Absent * on leave until May/June 2020 Mollie Miller, Vice Chair Present Candace Okeson, Commissioner Present Ann Palzer, Commissioner Present Ted Redmond, Chair Present Staff Present Shann Finwall, Environmental Planner 3. APPROVAL OF AGENDA Commissioner Palzer moved to approve the agenda as submitted. Seconded by Commissioner Miller. �� Ayes —All The motion passed. 4. APPROVAL OF MINUTES Commissioner Miller moved to approve the August 19, 2019, Environmental and Natural Resources Commission meetinq minutes as submitted. Seconded by Commissioner Palzer. Ayes —All The motion passed. 5. NEW BUSINESS a. Results of the 2018 Food Waste and Organic Recycling Experiment i. Environmental Planner, Shann Finwall reported on the results of the 2018 Food Waste and Organic Recycling Experiment ii. Romack Franklin, Republic Services, addressed the Commission regarding Republic Services' experience with the organic recycling experiment. Following are the recommendations that came out of the experiment: October 21, 2019 1 Environmental and Natural Resources Commission Meeting Minutes • Strong feedback system to encourage careful source separation. Example - energy usage feedback that households receive comparing their usage to similar neighbors/neighborhoods. • Manufacturers should be encouraged to minimize packaging, make them compostable, or have packaging be easier to separate from food. • Strong interest of study participants to have access to curbside organics recycling. The county and the city should work together to pilot curbside collection programs in the area. • Raise awareness towards the environmental, social, economic, and public health benefits of reducing food waste at home. • Consider the effect on food waste reduction when organics curbside collection programs are available. • Targeted awareness on households with children. • Co-collection is more straightforward and more convenient than other forms of organics separation. • Explore alternative ways to encourage proper source separation —central source separation of materials on behalf of households. b. Update on the Maplewood Organics Drop Off Site and Future Curbside Organics Recycling Collection i. Environmental Planner, Shall Finwall gave the Update on the Maplewood Organics Drop Off Site and Future Curbside Organics Recycling Collection. ii. Filsan Ibrahim, Ramsey County Environmental Health Specialist, addressed and answered questions of the Commission regarding organics and the recycling collection. Ramsey County offers residential organics drop off at their yard waste sites. They are expanding the organics program by partnering with cities to install satellite organics recycling collection sites throughout the County. Maplewood has been chosen to host one of the sites. The organics recycling collection site will be constructed on the MCC/YMCA parking lot, in between the main parking lots for the MCC/YMCA and Ramsey County Courthouse. The site will be constructed along White Bear Avenue, within three existing parking stalls. Ramsey County offers free starter kits, available at City Hall. The kits include a kitchen size organic container, organics bags, and educational information. Organics bags are also available at the enclosure and City Hall. c. Update on the Maplewood Trash and Recycling Contracts i. Environmental Planner, Shann Finwall gave an update on the Maplewood Trash and Recycling Contracts. After going out for bid Tennis Sanitation and Republic Services will continue as the city's recycling and trash contracted haulers from January 2020 through June 2025. 6. UNFINISHED BUSINESS None. 7. VISITOR PRESENTATIONS None present. October 21, 2019 2 Environmental and Natural Resources Commission Meeting Minutes 8. COMMISSION PRESENTATIONS None. 9. STAFF PRESENTATIONS a. Environmental and Natural Resources Commission Appointments (oral report) On September 23, 2019 the City Council reappointed Commissioner's Okeson, Palzer, and Redmond for a 3 year term. Commissioner Joe Gould had an opportunity to work as a professor in Bemidji and requested a leave of absence until May 2020. The commission vacancy of Tom Sinn who had resigned will be on Monday, October 28, 2019 and there will be 2 commissioners interviewing that evening. b. Fall Clean Up Campaign (oral report) The Fall Clean Up Campaign will be October 7 — November 1 sl to schedule this call bulk item clean up contact Republic Services at 651-455-8634 which you can prepay for on a credit card. C. Maplewood Nature Center Programs (oral report) i. For more information contact the Maplewood Nature Center at (651) 249-2170. 10. ADJOURNMENT Chair Redmond adjourned the meeting at 8:32 p.m. r October 21, 2019 3 Environmental and Natural Resources Commission Meeting Minutes Agenda Item 5.a. ENVIRONMENTAL & NATURAL RESOURCES COMMISSION STAFF REPORT Meeting Date December 16, 2019 REPORT TO: Environmental and Natural Resources Commission REPORT FROM: Shann Finwall, AICP, Environmental Planner PRESENTER: Shann Finwall, AICP, Environmental Planner AGENDA ITEM: Solid Waste Management Ordinance and Standards Action Requested: ❑ Motion ✓ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: The Solid Waste Ordinance must be amended to accommodate the new recycling contract which requires that all multi-family properties are covered by the City's recycling program. Recommended Action: Review the Solid Waste Management Ordinance and Standards and offer recommendations on amendments needed to comply with new policies, regulations, and contract language. Fiscal Impact: Is There a Fiscal Impact? ✓ No ❑ Yes, the true or estimated cost is $0.00 Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ❑ Other: n/a Strategic Plan Relevance: ❑ Financial Sustainability ❑ Integrated Communication ❑ Targeted Redevelopment ✓ Operational Effectiveness ❑ Community Inclusiveness ❑ Infrastructure & Asset Mgmt. The Solid Waste Management Ordinance and Standards creates operational effectiveness by protecting the public health and safety, and promoting City cleanliness and livability. It is also an important component to the City's green infrastructure - which purpose is to achieve a reduction in waste generated by using best management practices to protect air quality, water quality, and natural resources. City Council action is required for all ordinance amendments. Background June 12, 2012: The City Council adopted the current Solid Waste Management Ordinance and Standards. May 20, 2019: Maplewood released a Request for Proposal (RFP) for new residential trash and recycling contracts. September 9, 2019: The City Council authorized 5-1/2 year contracts for new residential trash hauling with Republic Services and residential recycling collection with Tennis Sanitation. Solid Waste Management Ordinance and Standards The Solid Waste Management Ordinance and Standards were adopted after the City organized its trash hauling in 2012. The ordinance includes regulations for trash and recycling for single family, multi-family, and commercial properties; and licensing requirements for all haulers (Attachment 1). The standards address eligible items to be included in the trash, trash cart set out instructions, resident's trash storage requirements, payment of charges and delinquent fees, and other collection system details that are part of the City's trash and recycling programs (Attachment 2). Multi-Family Recycling Solid Waste Amendments The City Council approved the release of an RFP for new trash and recycling contracts earlier this year. The RFP outlined that all multi-family properties would be required to use the City of Maplewood's residential recycling program. The new 5-1/2 year contract with Tennis Sanitation for single and multi-family recycling includes this requirement. The language was added to increase multi-family recycling rates, improve the City's recycling program, and allow for better management of the City's overall solid waste program. The current Solid Waste Management Ordinance allows multi-family units to supply their own recycling service. They can do this by opting into the City's recycling program, or hiring a licensed hauler to collect recyclables from the property. There are approximately 6,219 multi-family units in Maplewood, including townhomes, manufactured homes, and apartments. Of those units, five developments with approximately 508 multi-family units have not opted into the City's recycling program. An amendment to the Solid Waste Management Ordinance is needed to comply with the new recycling contract. Once the amendment is made, the City will work with Tennis Sanitation to ensure all multi-family developments have recycling collected through the City's recycling program. Other Solid Waste Management Amendments It has been seven years since the Solid Waste Management Ordinance and Standards were adopted. For this reason the City should review the ordinance and standards for additional changes needed based on new policies, regulations, and contract language. Following is a partial list of the areas of the ordinance and standards the Environmental and Natural Resources Commission should review: 1. Hours of Collection 2. Recycling Fee 3. Mutli-Family Recycling a. Use of Recycling Dumpsters b. Opt Out Procedure 4. Food Scraps Recycling 5. Commercial Recycling 6. Small Business and Church Recycling 7. Collection Licenses 2 Draft amendments have been made to the attached Solid Waste Ordinance. No amendments have been made to the attached Solid Waste Standards at this time. Next Steps The Solid Waste Management Ordinance and Standards will be reviewed by the ENR Commission. Amendment recommendations will be brought to the City Council in early 2020. Attachments 1. Solid Waste Management Ordinance (Draft Amendments Added) 2. Solid Waste Management Standards (As Approved in 2012) 3 Attachment 1 ORDINANCE NO. An Ordinance Amending Section 30 (Solid Waste Management) The Maplewood city council approves the following changes to the Maplewood Code of Ordinances: This ordinance amends the Solid Waste Management Ordinance (Chapter 30)which deals with the management of solid waste in the City of Maplewood. Section 1. This section amends the Solid Waste Management Ordinance (Chapter 30). Chapter 30 SOLID WASTE MANAGEMENT* Article I - In General (Residential, Multiple-Family, Commercial) Sec. 30-1 Purpose. Sec. 30-2 Definitions. Sec. 30-3 Source separation required. Sec. 30-4 City recycling program generally. Sec. 30-5 Collection and disposal generally. Sec. 30-6 Collection requirements generally. Sec. 30-7 Hours of collection. Sec. 30-8 Unauthorized collections. Sec. 30-9 Disposal required. Sec. 30-10 Unlawful disposal; location of containers for collection; disposal of flammable or explosive materials. Sec. 30-11 Manner of transporting materials. Sec. 30-12 Obstruction, delay or interference with contractor. Sec. 30-13 Penalty for violation of ordinance. Secs. 30-14 — 30-20 Reserved. Article II - Recycling Requirements (Residential, Multiple- Family, Commercial) Sec. 30-21 Collection and processing of residential recyclables. Sec. 30-22 Collection and processing of multiple-family recyclables. Sec. 30-23 Collection and composting or disposal of yard waste. 1 Sec. 30-24 Collection of source-separated food scraps. r4-. Sec. 30-25 Collection of recyclables from commercial buildings Sec. 30-26-5—30-40 Reserved. Article III - Solid Waste Requirements (Residential) Sec. 30-41 Collection and disposal of residential garbage by city-contracted hauler. Sec. 30-42 Requirements to dispose of residential appliances,bulky waste and large items. Sec. 30-43 Collection and disposal of garbage for multiple-family properties without curbside collection. Sec. 30-44 Requirements to dispose of multiple-family bulky waste and other large items. Sec. 30-45 Delinquent accounts. Secs. 30-46 — 30-50 Reserved. Article IV - Solid Waste Requirements (Multiple Family and Commercial) Sec. 30-51 Collection and disposal of commercial garbage. Secs. 30-52 Manufactured Homes, Townhomes May Opt In 30-53 — 30-59 Reserved. Article V - Collection Licenses (Residential, Multiple-Family, and Commercial) Sec. 30-60 Collection licenses required. Sec. 30-61 Application; fee; duration. Sec. 30-62 Insurance. Sec. 30-63 Vehicle requirements. Sec. 30-64 Pickup schedules. Sec. 30-65 Duty of licensees to report accumulations of garbage. Sec. 30-66 Prohibited mailings. Sec. 30-67 Suspension or revocation. Sec. 30-68 Volume-based rates. Secs. 30-69 — 30-75 Reserved. 2 Article VI - Disposal Sites (Generally) Sec. 30-76 Unlawful deposit of garbage and other substances. Secs. 30-77 — 30-105 Reserved. * Statutory Authority: Authority for city council to provide for or regulate the disposal of garbage and other solid waste, Minn. Stats. § 412.221, subd. 22. SOLID WASTE MANAGEMENT § 30 Article I - In General (Residential, Multiple-Family, Commercial) Sec. 30-1 - Purpose. The city's goal is to improve solid waste management and to serve the following purposes: (a) Achieve a reduction in waste generated. (b) Encourage the separation and recovery of materials and energy from waste. (c) Ensure the protection of public health and safety and promote city cleanliness and livability. (d) Promote best management practices in solid waste management to protect air quality,water quality, and natural resources. (e) Be consistent with the requirements of the State statutes, State rules and Ramsey County ordinances, and with State and Ramsey County solid waste plans. (f) Provide high quality solid waste and recycling services in the most cost-effective manner possible. (g) Coordinate solid waste management among political subdivisions. The city has authority to enact ordinances for these purposes under Minnesota Statutes, section 412.221, subdivision 22,which requires the city council to provide for or regulate the disposal of garbage and other solid waste. (The city has enacted standards for the implementation of these ordinances as specific requirements for the storage,collection and transportation of solid waste.) Sec. 30-2 - Definitions. The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this ordinance,except where the context clearly indicates a different meaning: Additionalloverflow garbage means garbage in excess of the capacity of the city-provided garbage cart with the lid in the fully closed position. Appliances include washers, dryers, refrigerators, freezers, air conditioners, dehumidifiers, humidifiers, stoves, ranges, hot water heaters, water softeners and other, similar large household items that require electricity and/or special processing under Minnesota laws,but do not include"electronic waste." Bulky waste means all large, bulky household materials which are too large for one person to pick up and/or do not fit within the city-provided garbage cart, and include (but are not limited to)carpeting and padding,mattresses,chairs,couches,tables,appliances and car parts including wheels,rims and tires. 3 City-contracted garbage hauler is the company that the city contracts with in accordance with Minnesota Statutes, section 115A.94 to provide residential garbage collection and disposal services in the city. The city-contracted garbage hauler is the sole garbage hauler for single family residential properties in the city,and for other properties that the city has allowed to opt-in to the city-contracted garbage hauler service. City-contracted recyclables hauler means the hauler(s)contracted by the city to provide collection of designated recyclables in the city for single and multiple family residential properties in the city. City provided garbage carts are the wheeled containers for residential garbage in the city that are owned by the city and provided to garbage customers for their use; the containers are of various sizes and ownership is retained by the city. Collection means the aggregation and transportation of solid waste from the place at which it is generated and includes all activities up to the time when it is delivered to a designated disposal facility. Collection service is the process of collection and transportation of garbage,yard waste,recyclables, bulky waste and/or source-separated organic materials by a licensed hauler. Commercial property means properties in the city that are classified generally as commercial or business in the City zoning code which generates garbage and recyclables and are typically serviced by a dumpster form of garbage container. Composting has the meaning set forth in Minnesota Statutes, section 115A.03, and means the controlled microbial degradation of organic waste to yield a humus-like product. Contractor's garbage bill is the Contractor's bill for services, from either the city-contracted garbage hauler or a commercial hauler,which is directly submitted to customers. Construction debris means building materials, packaging, and rubble resulting from construction, remodeling,repair, and demolition of buildings,roads or other facilities. Day-certain collection is a city-approved plan for weekly collection services by an established day- certain schedule which requires garbage, yard waste, recyclables, and source-separated compostable materials collections on the same day of the week, and which is based on a rive (5) day work week (Monday through Friday). Designated recyclables shall mean those materials designated as recyclables in the city recycling program in the City of Maplewood Solid Waste Management Standards Dumpster has the commonly used meaning in the solid waste industry of a commercial garbage container made of metal or durable plastic with a lid that can be serviced by a front-end loading automated or rear-loading semi-automated garbage truck. Electronic waste (electronic items) has the meaning set forth in Minnesota Statutes, section 115A.1310, subdivision 7 as "covered electronic device" and includes items such as television and computer monitors, computers, computer peripheral devices, fax machines, DVD players, video cassette recorders, other video display devices, cell phones and other small appliances with an electric cord. Every other week collection garbage service means garbage collection on the same day of the week as day-certain service but on specified every other week dates. Residents must apply to the city to receive approval for this every other week service. Food scraps waste means residential food waste and includes meal preparation and left over food sefrom households intentionally separated at the source by residents for the purpose of 4 backyard composting or separate collection for centralized recovery. Garbage has the meaning set forth in Minnesota Statues, section 115A.03, subdivision 21, mixed municipal solid waste, and means solid waste from residential, commercial, industrial, and community activities that the generator of the waste aggregates for collection,but does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural waste, tires, lead acid batteries,motor and vehicle fluids and filters,and other materials collected,processed,and disposed of as separate waste streams. Householdgarbage means garbage from residential properties. Household hazardous waste has the meaning set forth in Minnesota Statutes, section 115A.96, subdivision 1, paragraph (b), and/or Minnesota Pollution Control Agency regulations and means waste generated from household activities that exhibits the characteristics of or that is listed as hazardous waste under agency rules, but does not include waste from commercial activities that is generated, stored, or present in a household and includes items such as paint, fluorescent light bulbs, mercury thermometers, cleaning fluids, herbicides, pesticides, fertilizers and other waste as defined in Minnesota statutes or regulations in that paragraph. Load sensitive streets are those streets identified by the Public Works Director of the City of Maplewood as being at risk of accelerated deterioration due to excessive or high axle weight loads. Manufactured home means a dwelling unit that is consistent with Section 44-6 of the Maplewood Zoning Code. Mixed municipal solid waste has the meaning set forth in Minnesota Statutes, section 115A.03, subdivision 21, and includes garbage, refuse and other solid waste from residential, commercial, industrial, and community activities that the generator of the garbage aggregates for collection, but does not include auto hulks, street sweepings, ash, construction debris, tree and agricultural waste and other materials collected,processed and disposed of as separate waste streams. Multiple family dwelling or unit for purposes of this ordinance means a building or a portion thereof containing five(5)or more residential dwelling units. Resident means the person(s)living in a residential dwelling unit. Residential dwelling unit is a separate dwelling place with a kitchen in buildings with up to four(4)units per structure. Residential property means a property containing between one(1)and up to four(4)units per structure. Self—haul is the city-approved method for a resident to contain and transport garbage from their own household to a licensed/permitted mixed municipal solid waste facility. Self-haul requires the specific approval of the city. Single-family dwelling unit means a building, including a manufactured home, containing up to four (4)residential units whose occupants and owner are required to participate in the city-contracted garbage service unless exempted by the city. Small Business and Church means a business or church that can have weekly recycling collection accommodated by the City's contracted recycling hauler. Solid waste has the meaning set forth in Minnesota Statutes, section 116.06, subdivision 22(1)(9), but is further defined for purposes of this ordinance to include garbage, recyclables, appliances, bulky waste,yard waste, and household hazardous waste. Source-separated compostable materials has the meaning set forth in Minnesota Statutes, section 5 115A.03,subdivision 32(a)and means materials that: (1)are separated at the source by waste generators for the purpose of preparing them for use as compost;(2)are collected separately from mixed municipal solid waste;and(3)are comprised of food waste,fish and animal waste,plant materials,diapers,sanitary products, and paper that is not recyclable. Townhouse means a residence for one family that is attached either horizontally or vertically to at least two other residences as defined in Section 44-6 of the Maplewood Zoning Code, each with a private outside entrance. Vectors of disease are animals including, but not limited, to insects, mice, rats, squirrels, crows, flies and other vermin that are capable of carrying,transmitting and/or infecting humans with disease. Walk-up service means special garbage or recycling service that is provided from the side of the house or garage, for which the contractor walks the cart or recycling container to and from the side of the house or garage and the collection vehicle, and which is applied for on a case by case basis. Yard waste means garden waste, leaves,lawn cuttings,weeds,prunings, shrub and small tree branches as defined by the City of Maplewood Solid Waste Standards, generated at residential or commercial properties. Sec. 30-3 - Source Separation Required All residents and commercial property shall separate all designated recyclables, and other items designated by City of Maplewood Solid Waste Management Standards, from garbage. These source separated items shall be collected for separate recycling,processing or treatment. Sec. 30-4 - City Recycling Program Generally The city has established and developed,or encouraged,recycling programs throughout the city,including residential, multiple-family and commercial programs. The city's goal is to promote solid waste reduction and recycling through education and incentives. Sec. 30-5 - Collection and Disposal Generally (a) All garbage, recyclables, yard waste, source-separated compostable materials and other waste material accumulated in the city shall be collected and conveyed under the supervision of the city manager. The city manager or their designee shall have the authority to develop Solid Waste Management Standards concerning days of collection, type and location of waste containers and other matters as they deem necessary to provide for the safe, orderly and cost-efficient preparation,storage,collection and disposal of all waste materials covered in this ordinance. These standards shall not be contrary to this ordinance. (b) 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 provide and use one or more fly tight, watertight, rodent proof garbage containers that is removed from the public right of way until lawful collection and disposal is made. (c) Fees for hauling garbage, yard waste, and bulky waste under this ordinance shall be paid directly to the garbage hauler by the owner, agent, occupant or tenant of the premises at which the garbage is collected, and such fees shall be paid in full. (d) The city has the authority to charge residents for recycling programs and services and such fees shall be paid in full. 6 Sec. 30-6 - Collection Requirements Generally It shall be the duty of every garbage hauler, contractor, subcontractor, and person, including their agents and employees, who has contracted or undertaken to remove any garbage, or any other waste material 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. Sec. 30-7 - Hours of Collection The collection of garbage for residential and multiple-family dwellings shall be in accordance with the times outlined in the city's contract for garbage collection, Monday through Saturday. ^'��'^ Feassid-effi-tial and+Ymltiple family dwelling tmits' be,i-n-A-eVe-off-d—An-eVe,mit-h-dhe times OtAlifle in the eity's centfaet for-Teeye'�es eel eetie„, "'Machy difetigh Saturday. -The collection of garbage and recyclables for all properties shall occur between the hours of 6 a.m.to 6 p.m. Collection outside these hours shall be grounds for suspension or revocation of a hauler's license to operate in the city. Sec. 30-8 - Unauthorized Collections Any person who permits garbage to be picked up from their premises in the city by an unauthorized or unlicensed collector under this ordinance shall be guilty of a violation of this ordinance. Sec. 30-9 - Disposal Required (a) Every person shall legally dispose of garbage that accumulates upon their property in the city at least once a week or more often as directed by the city manager unless given special permission as per Sections 30-41 (d) and(e). 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 collected by haulers licensed by the city and shall comply with this ordinance and with the dates of collection and requirements therefore as established by the city manager. (b) All garbage shall be disposed of in compliance with state law and county policies regarding required processing of waste. Sec. 30-10 - Unlawful Disposal; Location of Containers for Collection; Disposal of Flammable or Explosive Materials (a) No person,business or commercial property in the city shall place any garbage or any other 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 ordinance. (b) No person shall throw or place any garbage in any stream,wetland or other body of water in the city. (c) No person in the city shall store, sweep or deposit any garbage, or any other waste in such a manner that it may be carried by elements off their property. (d) No person shall bury or burn any garbage, or any other waste in the city. (e) Highly flammable or explosive materials shall not be placed in city-provided garbage carts for regular collection, but shall be disposed of in accordance with state law and Minnesota Pollution Control Agency regulations. 7 Sec. 30-11 - Manner of Transporting Materials All persons engaged in the business of hauling recyclables or garbage and/or yard waste in the city shall transport the materials in enclosed vehicles, carts, dumpsters, bins, or other secure containers so as to prevent any loss of these materials and to prevent litter. Care shall be taken to ensure no blowing or escape of garbage, litter, yard waste or liquids from truck operations occurs during the collection and transportation of garbage, designated recyclables, bulky waste, yard wastes or source-separated compostable materials Sec. 30-12 - Obstruction, Delay or Interference with Contractor (a) No person shall obstruct, delay or interfere with any contractor or person engaged in the city in removing any offal, garbage, dirt, dead animals, sewage or other like substances or with the proper performance of their contract. (b) Scavenging of any waste or material is prohibited. Sec. 30-13 - Penalty for Violation of Ordinance. Any person violating any of the sections of this ordinance shall be guilty of a misdemeanor, and upon conviction, shall be punished in accordance with Section 1-15. The city may also handle violations of this ordinance through the administrative offenses procedures in Section 1-17. Secs. 30-14 - Exceptions for Storm Clean-Up or Other Emergency Circumstances The City Manager shall have the authority to grant temporary exceptions to the requirements in this ordinance and in the standards for purposes of efficient solid waste management during storm clean-up events or other emergency circumstances. Any such exceptions shall be immediately executed in writing and shall have specific sunset dates specified. Sections 30-15 - 30-20 Reserved Article II - Recycling Requirements (Residential, Multiple-Family, Commercial) Sec. 30-21 - Collection and Processing of Residential Recyclables (a) Designated recyclables from residential dwellings that are placed on the curb or alley for collection must be in curbside recycling bins,carts,boxes or paper bags as prescribed by the City of Maplewood Solid Waste Management Standards such that blowing of recyclables does not occur, and recyclables remain as dry and clean as practicable. (b) When designated recyclables are placed at the curb or alley line they are the sole property of the city, and shall be removed only by the city-contracted recyclables collector. (c) Only the city-contracted recyclables collector or their city-approved sub-contractor may collect and process recyclables set out for recyclables collection at the curb or alley line. (d) Payment of fee. The recycling fee shall be invoiced to every single family residential dwelling every month with water and sanitary sewer bills. The fee shall be due and payable the same terms as water and sanitary sewer bills. 8 Sec. 30-22 - Collection of Recyclables from Multiple-Family Dwellings (a) Designated recyclables from multiple-family dwellings that are placed on the curb, alley, or designated multiple-family dwellings collection area for collection must be in recycling carts or recycling dumpsters as prescribed by the City of Maplewood Solid Waste Management Standards such that blowing of recyclables does not occur, and recyclables remain as da and clean as practicable. (b) When designated recyclables are placed at the curb, alley, or designated multiple-family dwellings collection area they are the sole property of the city, and shall be removed only bthe - city-contracted recyclables collector. (c) Only the city-contracted recyclables collector or their city=approved sub-contractor may collect and process recyclables set out for recyclables collection at the curb, alley, or multiple-family dwelling collection area. (d) Payment of fee. The recycling fee shall be invoiced to every multiple-family dwelling every month with water and sanitary sewer bills. The fee shall be due and payable the same terms as water and sanitary sewer bills. (Et) C_-A-I I P_OU*i A-4-4- Ss P-P"jee Re"ifed T-44P A;'A',Rpr-E)f a fi+ttkiple family dwelling s4all mAe&vRilAle the City of MapleNzeed Solid Waste Nianagemefft Slandafds. > pr-epeftmy anE its ,. r!s; , > 4he &,Nqief's independent ha-Hlef, that pefsaft shall deli _,.igna4ed r-ee elables to -a .M.-i-ifliei-pal salid waste di a4 the same leea4ian ,N,44in a 12 meflik pefied; a fine of $500.00 for- the t4ir-d offense E)r- Jehvd� 9 Sec. 30-23 - Collection and Composting or Disposal of Yard Waste (a) Yard waste to be collected by the city's contract garbage hauler shall be placed on the curb or alley line for collection in carts or state approved compostable or paper bags subject to special arrangements with the city-contracted garbage hauler. (b) Home lawn and;garden waste,a-n a'.:+e''e„ food serars maybe composted in small quantities on a residential lot as long as the compost pile does not create a nuisance for neighbors due to objectionable odor, vectors of disease, attraction of unwanted wildlife, or unsightliness. Compost piles must be placed at least five (5) feet from rear- and side-yard property lines and shall not be placed in a front yard. Residents must follow composting operation guidelines referenced by City of Maplewood Solid Waste Management Standards. (c) Yard waste not collected by the city-contracted garbage hauler, or not composted by the resident or shrubs, tree limbs, stumps and roots must be transported to a properly permitted and licensed yard waste transfer,composting,or processing facility. The City of Maplewood Solid Waste Management Standards may allow for exceptions if a tree service provides for on-site chipping to produce a suitable mulch product. Sec 30-24 - Collection of Source-Separated Food ScrapsCompostable Mater- — (a) Food scraps may be composted in small quantities on a residential lot as long as the compost pile does not create a nuisance for neighbors due to objectionable odor,vectors of disease, attraction of unwanted wildlife, or unsightliness. Compost piles must be placed at least five (5) feet from rear- and side-yard property lines and shall not be placed in a front yard. Residents must follow composting operation guidelines referenced by City of Maplewood Solid Waste Management Standards. (b) Food scraps not composted by the resident can be transported to a properly permitted and licensed transfer, composting,or processing facility, (c) The Cit o�plewood Solid Waste Management Standards may allow for food scraps to be collected by the city's contract garbage hauler. Sec 30-25–Collection of Recyclables from Commercial Buildings (a) Commercial buildings shall ensure that facilities under its control from which mixed municipal solid waste is collected also collect recyclable materials in accordance with state laws and rules and countypolicies regarding licensed disposal and processing (b) A small business or church can opt into the City's residential recycling_program per the City of Maplewood Solid Waste Management Standards. Sections 30-269- 30-40 Reserved Article III - Solid Waste Requirements (Residential) Sec. 30-41 - Collection and Disposal of Residential Garbage by City- Contracted Hauler (a) Occupants of residential properties shall store all garbage in city-provided garbage carts between collections. On the designated day of collection in their area they may place the city-provided garbage cart on the curb or alley line for collection by the city-contracted garbage hauler. (b) Instead of the requirement to place the city-provided garbage cart at the curb or alley line, residents with physical challenges may apply to the city for walk-up service as provided by 10 the City of Maplewood Solid Waste Management Standards. (c) Every person occupying a residential property shall utilize city-provided garbage carts for the disposal of garbage. The carts are the property of the city, and shall be used solely for disposal of garbage. Only city-provided garbage carts, or approved plastic garbage bags for overflow garbage,in addition to the cart shall be used for the disposal of garbage. (d) Persons who wish to self-haul their own garbage may apply to the city to do so. Permission may be granted to self-haul if proof is submitted of an environmentally responsible means of disposal that complies with state laws and regulations and county policies and in conformance with the City of Maplewood Solid Waste Management Standards. Residents that are approved by the city for self-haul must remove their garbage at least once per week. Self-haul can only be accomplished with the specific approval of the city using an application form provided in the City of Maplewood Solid Waste Management Standards. (e) Persons may apply to the city for less than weekly service on a form provided by City of Maplewood Solid Waste Management Standards. Permission may be granted for less than once per week garbage removal provided that sufficient removal is accomplished to prevent nuisance or unhealthful accumulations of garbage. Such permission will be withdrawn and weekly garbage removal required,if nuisance or unhealthful conditions exist. (f) Except on specified collection days as provided in Section 30-41(g)below,all city-provided garbage carts shall be located behind the front line of the dwelling,in the garage or screened from view from the street,and at least ten(10)feet from any abutting dwelling or sufficiently distant so as not to be a nuisance to those properties,unless other provisions are allowed by the city due to special site conditions. (g) City—provided garbage carts and any additional bagged overflow garbage may be placed on the alley line or curb line for collection no earlier than 5:00 p.m.on the day before collection. City-provided garbage carts must be removed from the curb line no later than 6:00 a.m. on the day after collection. Sec. 30-42 - Requirements to Dispose of Residential Appliances and Bulky Waste (a) Residents shall dispose of appliances or any other bulky waste such as furniture, mattresses or large household or garage waste as specified by the City of Maplewood Solid Waste Management Standards. (b) Upon resident request,the city-contracted garbage hauler must collect and properly dispose of appliances or other bulky waste in accordance with Sec. 30-62(e). Sec. 30-43 - Collection and Disposal of Garbage for Multiple-Family Properties without Curbside Collection (a) The owner, operator or manager of any multiple-family property with more than four (4) units that do not have curbside collection shall have dumpster or equivalent service from a commercial hauler licensed to do business in the city. The dumpsters shall be of a minimum capacity of one cubic yard, covered, and of a city-approved sanitary type with the proper attachments for lifting onto garbage trucks. (b) Garbage shall be removed at least once weekly,and more often if garbage carts or dumpsters become full. Garbage shall be transported and disposed of in accordance with state laws and rules and county policies regarding licensed disposal and processing. Sec. 30-44 - Requirements to Dispose of Multiple-Family Bulky Waste The owner, operator or manager of any building containing more than four (4) dwelling units shall 11 provide on-site disposal of large or bulky waste for all occupants. Disposal of these items shall be in compliance with all state laws and regulations and county policies. Sec. 30-45 - Delinquent Accounts (a) The city contracted garbage hauler is responsible for collection of all fees associated with the collection and processing of garbage from residential properties. The city-contracted hauler shall make good-faith efforts to collect all amounts due,including use of a collection agency. All such efforts shall be documented. (b) The St. Paul Regional Water Authority and adjacent cities, as applicable, are responsible for the collection of all fees associated with the City of Maplewood recycling program. The St. Paul Regional Water Authority or the appropriate cities shall make good-faith efforts to collect all amounts due,including use of a collection agency. (c) Delinquent accounts shall be defined as those residents who have not paid and are over three(3)months past due. (d) If the amount continues to be delinquent past the three (3) months from the account being declared "past due" by the above entity, the City of Maplewood shall declare the amount delinquent. The entity shall submit a written request to the City of Maplewood with adequate documentation of the efforts made to collect the past due amounts.If the city determines that a good faith effort was made and that adequate documentation was submitted,the city shall place the amount on the property taxes associated with the property for which the amount is due. The city shall follow all practices required by the state and city ordinance to assess the delinquent amount to the property. Sections 30-46 - 30-50 Reserved Article IV - Solid Waste Requirements (Multiple Family and Commercial) Sec. 30-51 - Collection and Disposal of Commercial Garbage (a) The owner, operator or manager of any firm or corporation shall have a dumpster or equivalent service from a commercial hauler licensed to do business in the city. The dumpsters shall be of a minimum capacity of one cubic yard,covered,and of a city-approved sanitary type with the proper attachments for lifting onto garbage trucks. (b) Garbage shall be removed at least once weekly,and more often if garbage carts or dumpsters become full. Garbage shall be transported and disposed of in accordance with state laws and rules and county policies regarding licensed disposal and processing. Sec. 30-52 — Manufactured Homes,Townhouses May Opt-In The owners of manufactured homes or manufactured home parks and of townhouses and townhouse associations may opt-in to the city-contracted garbage hauling service, at their application and with the city's approval. 12 Sections 30-53 - 30-59 Reserved Article V - Collection Licenses (Residential, Multiple- Family, and Commercial) Sec. 30-60 - Collection Licenses Required It shall be unlawful for any person to collect any garbage, designated recyclables, or other solid waste in the city from any residential,multiple-family,or commercial property without having first secured a license from the city to do so. Sec. 30-61 - Application; Fee; Duration (a) Any person desiring a license to collect garbage,yard waste,recyclables,or other solid waste in the city shall apply for a license to the city clerk by first submitting an application with the name and address of the applicant. (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 city 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. Sec. 30-62 — Licensee Operating Requirements The applicant shall: (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 to minimize damage to load-sensitive streets and alleys. (c) Provide collection carts or dumpsters to customers upon their request. (d) Provide collection of yard waste to customers upon their request. (e) Provide special or extraordinary collection services,such as bulky waste removal,within two (2)business days of a customer's request. (f) Provide special service collection arrangements for customers to accommodate their physical health concerns. (g) Properly contain all garbage or recyclables such that no blowing or escape from trucks of solid or liquid waste or recyclables occurs. (h) Provide information to all customers that may be required of the city by county,metropolitan, state,or federal governments. Sec. 30-63 - Insurance The applicant for the license required under this article shall provide a certificate of r„ lie li i.i!4* , insurance in the amounts specified in this section for collecting garbage. 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 13 conform to the following requirements: (a) General liability in the following amounts: (1) Bodily injury,per occurrence, or combined single limit, $1,500,000.00. (2) Property damage, $500,000.00. (b) Auto liability in the following amounts: (1) Property damage or combined single limit, $500,000.00. (2) Bodily injury in the following amounts: a) Per person, $1,000,000.00. b) Per occurrence, $15,000,000.00. (c) Workers Compensation Insurance as specified by the Minnesota Department of Occupational Health and Safety and federal law. Sec. 30-64 - Vehicle Requirements Each garbage collector licensed under this article shall provide a covered or enclosed truck,tank or trailer so constructed that the contents will not leak or spill from it, in which all garbage collected shall be conveyed to an approved 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. Any litter or truck fluid leaks shall be immediately cleaned up. Significant release of any truck fluid leaks shall be immediately noticed to the appropriate authorities. Each truck used under a city license shall remain in compliance with all federal and Minnesota Department of Transportation rules and regulations. Sec. 30-65 - Pickup Schedules (Residential) Each residential licensee under this article shall consent to and follow a schedule of pickups, setting the day and area of pickups, as established by City of Maplewood Solid Waste Management Standards, to limit area pickups for residential collections to the same day per week each week. Sec. 30-66 - Duty of Licensees to Report Accumulations of Garbage Each licensee under this article shall report any accumulations of garbage that violates this ordinance or other city ordinances to the city as per City of Maplewood Solid Waste Management Standards. Sec. 30-67 — Prohibited Mailings (Residential and Multiple Family) No notices shall be sent from licensees or other persons to dwelling units within the City of Maplewood or dwelling unit owners that are subject to or participating in the city-contracted garbage service. These prohibited mailings shall include those for advertising rates or services not available under the city's contract for garbage collection services or any other services covered under the city contract for garbage service. No notices shall be sent to any residential dwelling in the City of Maplewood by licensees without prior written approval by the City of Maplewood. Sec. 30-68 - Suspension or Revocation (a) Failure by a licensee under this article to comply with this ordinance shall be grounds for revocation of the license by the city council after a hearing for the purpose. (b) If the city finds a violation of this ordinance by a licensee under this article and the city orders correction of the violation which the licensee fails to make, the city may suspend the licensee's right to operate under the terms of the license and order his appearance at the next regular meeting of the city council for a hearing on whether the suspension 14 should continue in effect. (c) Continued willful or egregious violations of this ordinance by any licensed or unlicensed hauler of solid waste shall result in fines and/or liquidated damages as deemed reasonable by the city council. Sec. 30-69 - Volume-Based Rates (Residential) (a) The city's contract hauler for residential garbage shall provide to its residential 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 generated by the customer. (b) The city shall determine the increments upon which the volume-based rate will depend and the difference between the rates for each increment. Sections 30-70 - 30-75. Reserved Article VI - Disposal Sites (Generally) Sec. 30-76 - Unlawful Deposit of Garbage and Other Substances (a) No manure or pet feces, garbage, or other waste which may be detrimental to health, shall be deposited at any place within the city limits, except in accordance with Section 30-23 and Section 30-24,relating to composting and source separated compostable materials. (b) No unauthorized landfill (or dump) for garbage materials and other solid waste shall be operated within the city by any person Sections 30-77 - 30-105 Reserved ORDINANCE AMENDMENT EXECUTION: SIGNATURES OF CITY OFFICERS The city council approved the first reading of this ordinance on 12020. The city council approved the second reading of this ordinance on , 2020. Signed: Mary Lee Abrams,Mayor Date Attest: Andrea Sindt, City Clerk 15 Attachment 2 City of Maplewood Solid Waste Management Standards * As Authorized by the 2012 Amendments to the City Solid Waste Management Ordinance (Chapter 30) June 11, 2012 City of Maplewood Community Development Department 1830 County Road B East Maplewood, MN 55109 r �.,��.-t-�- Contents Introduction .........................................................................................................1 Section1. Definitions........................................................................................................ 2 Section 2. Residential Recycling Program...................................................................... 5 Section 3. Multiple-Family Recycling Program............................................................... 6 Section 4. Residential Garbage Cart Standards.............................................................. 8 Section 5. Residential Garbage Cart Collection by Garbage Hauler and Storage of Carts......................... ............................................................................................................ 9 Section 6. Maintenance of Wheeled Residential Garbage Carts...................................10 Section 7. Multiple-Family Solid Waste Standards........................................................11 Section 8. Collection and Composting of Tree and Shrub Waste, Other Yard Waste, and Source Separated Compostable Materials.....................................................................12 Section 9. Bulky Waste, Large Appliances and Electronic Waste................................12 Section 10. Home Owner Associations ............................................................................13 Section 11. Commercial Solid Waste Standards..............................................................13 Section 12. Delinquent Accounts......................................................................................15 Section 13. Resolution of Disputes...................................................................................15 Section 14. Reserved for Standard on Household Hazardous Waste............................16 Appendices —Application and Reporting (Page 17 and on City's Trash and Recycling Webpages -www.ci.maplewood.mn.us/trash and www.ci.maplewood.mn.us/recycling June 11,2012 Page 1 Introduction The City of Maplewood has developed these standards as specific requirements for the storage, collection and transportation of residential solid waste. The goals of these standards are to: Achieve a reduction in waste generated. o• Encourage the separation and recovery of materials and energy from waste. ❖ Ensure the protection of public health and safety and promote city cleanliness and livability. ❖ Promote best management practices in solid waste management to protect air quality, water quality, and natural resources. ❖ Be consistent with the requirements of the State statutes, State rules and Ramsey County ordinances, and with State and Ramsey County solid waste plans. ❖ Provide high quality solid waste and recycling services in the most cost-effective manner possible. ❖ Implement the city's Solid Waste Management Ordinance (SWMO), Chapter 30 of the city's code of ordinances through detailed instructions. To accomplish the above goals, it is important for the city to have specific and consistent instructions for residents to follow as part of the solid waste collection system. These standards do not replace or supersede city ordinances. The city manager's authority for adopting or amending these standards comes from the city's SWMO Chapter 30, sections 30-1 and 30-5(a). These standards address: ❖ Eligible items to be included in the garbage; ❖ Garbage cart set out instructions; ❖ Resident's garbage storage requirements; ❖ Recycling programs; ❖ Bulky waste, yard waste and other waste collection and disposal requirements; ❖ Multiple-family and commercial solid waste collection and disposal requirements; ❖ Payment of charges and delinquent fees; ❖ Administrative fees; and ❖ Other collection system details that are part of the city's garbage collection system. June 11,2012 Page 1 Section 1. Definitions All terms used within these standards shall have the same definition as per the SWMO Sec. 30-2. For convenience, frequently used terms are listed and defined below: Additional/overflow garbage means garbage in excess of the capacity of the city-provided garbage cart with the lid in the fully closed position. Appliances include washers, dryers, refrigerators, freezers, air conditioners, dehumidifiers, humidifiers, stoves, ranges, hot water heaters, water softeners and other, similar large household items that require electricity and/or special processing under Minnesota laws, but do not include "electronic waste." Bulky waste means all large,bulky household materials which are too large for one person to pick up and/or do not fit within the city-provided garbage cart, and include (but are not limited to) carpeting and padding,mattresses, chairs, couches,tables, appliances and car parts including wheels,rims and tires. City-contracted garbage hauler is the company that the city contracts with in accordance with Minnesota Statutes, section 115A.94 to provide residential garbage collection and disposal services in the city. The city-contracted garbage hauler is the sole garbage hauler for residential properties in the city, and for other properties that the city has allowed to opt-in to the city-contracted garbage hauler service. City-contracted recyclables hauler means the hauler(s) contracted by the city to provide collection of designated recyclables in the city for single and multiple family residential properties in the city. City provided garbage carts are the wheeled containers for residential garbage that are owned by the city and provided to garbage customers for their use; the containers are of various sizes and ownership is retained by the city. Collection means the aggregation and transportation of solid waste from the place at which it is generated and includes all activities up to the time when it is delivered to a designated disposal facility. Collection service is the process of collection and transportation of garbage, yard waste, recyclables,bulky waste or source-separated organic materials by a licensed hauler. Commercial property means properties in the city that are classified generally as commercial or business in the City zoning code which generates garbage and recyclables and are typically serviced by a dumpster form of garbage container. Composting has the meaning set forth in Minnesota Statutes, section 115A.03, and means the controlled microbial degradation of organic waste to yield a humus-like product. Contractor's garbage bill is the Contractor's bill for services, from either the city-contracted garbage hauler or a commercial hauler,which is directly submitted to customers. Construction debris means building materials,packaging,and rubble resulting from construction, remodeling,repair, and demolition of buildings,roads or other facilities. June 11,2012 Page 2 Day-certain collection is a city-approved plan for weekly collection services by an established day- certain schedule which requires garbage,yard waste,recyclables, and source-separated compostable materials collections on the same day of the week, and which is based on a five (5) day work week (Monday through Friday). Designated recyclables shall mean those materials designated as recyclables in the city recycling program in the Section 2.2 of these Standards. Dumpster has the commonly used meaning in the solid waste industry of a commercial garbage container made of metal or durable plastic with a lid that can be serviced by a front- end loading automated or rear-loading semi-automated garbage truck. Electronic waste (electronic items) has the meaning set forth in Minnesota Statutes, section 115A.1310, subdivision 7 as "covered electronic device" and includes items such as television and computer monitors, computers, computer peripheral devices, fax machines, DVD players, video cassette recorders, other video display devices, cell phones and other small appliances with an electric cord. Every other week collection garbage service means garbage collection on the same day of the week as day-certain service but on specified every other week dates. Residents must apply to the city to receive approval for this every other week service. Food waste means residential food waste and includes meal preparation and left over food scraps from households intentionally separated at the source by residents for the purpose of backyard composting or separate collection for centralized recovery. Garbage has the meaning set forth in Minnesota Statues,section 115A.03, subdivision 21,mixed municipal solid waste, and means solid waste from residential,commercial,industrial, and community activities that the generator of the waste aggregates for collection,but does not include auto hulks, street sweepings, ash,construction debris,mining waste, sludges,tree and agricultural waste,tires,lead acid batteries,motor and vehicle fluids and filters,and other materials collected, processed, and disposed of as separate waste streams. Household garbage means garbage from residential properties. Household hazardous waste has the meaning set forth in Minnesota Statutes, section 115A.96, subdivision 1,paragraph(b),and/or Minnesota Pollution Control Agency regulations and means waste generated from household activities that exhibits the characteristics of or that is listed as hazardous waste under agency rules,but does not include waste from commercial activities that is generated, stored,or present in a household and includes items such as paint,fluorescent light bulbs, mercury thermometers,cleaning fluids,herbicides,pesticides, fertilizers and other waste as defined in Minnesota statutes or regulations in that paragraph. Load sensitive streets are those streets identified by the Public Works Director of the City of Maplewood as being at risk of accelerated deterioration due to excessive or high axle weight loads. Manufactured home means a dwelling unit that is consistent with Section 44-6 of the Maplewood Zoning Code. Mixed municipal solid waste has the meaning set forth in Minnesota Statutes, section 115A.03, subdivision 21, and includes garbage, refuse and other solid waste from residential, June 11,2012 Page 3 commercial,industrial, and community activities that the generator of the garbage aggregates for collection,but does not include auto hulks, street sweepings, ash, construction debris,tree and agricultural waste and other materials collected,processed and disposed of a separate waste streams. Multiple family dwelling or unit for purposes of this ordinance means a building or a portion thereof containing five(5)or more residential dwelling units. Recyclable materials (recyclables)means materials that are separated from mixed municipal solid waste for the purpose of recycling or including items such as paper,glass,plastics,metals,textiles, automobile oil,batteries, and other recyclable items as designated in the City of Maplewood Solid Waste Management Standards. Residential dwelling unit is a separate dwelling place with a kitchen in buildings with up to four(4) units per structure. Residential property means a property containing between one(1) and up to four(4)units per structure. Self—haul is the city-approved method for a resident to contain and transport garbage from their own household to a city-approved, environmentally secure facility in accordance with state law and county policies. Self-haul requires the specific approval of the city. Single-family dwelling unit means a building,including a manufactured home,containing up to four(4)residential units whose occupants and owner are required to participate in the city- contracted garbage service unless exempted by the city. Solid waste has the meaning set forth in Minnesota Statutes, section 116.06, subdivision 22(1)(9)but is further defined for purposes of this ordinance to include garbage,recyclables, appliances,bulky waste, yard waste, and household hazardous waste items. Source-separated compostable materials has the meaning set forth in Minnesota Statues, section 115A.03,subdivision 32(a)and means materials that: (1) are separated at the source by waste generators for the purpose of preparing them for use as compost; (2) are collected separately from mixed municipal solid waste; and(3) are comprised of food waste, fish and animal waste,plant materials, diapers, sanitary products, and paper that is not recyclable. Townhouse means a residence for one family that is attached either horizontally or vertically to at least two other residences as defined in Section 44-6 of the Maplewood Zoning Code, each with a private outside entrance. Vectors of disease are animals including,but not limited,to insects,mice,rats, squirrels,crows, flies and other vermin that are capable of carrying,transmitting and/or infecting humans with disease. Walk-up service means special garbage or recycling service that is provided from the side of the house or garage, for which the contractor walks the cart or recycling container to and from the side of the house or garage and the collection vehicle, and which is applied for on a case by case basis. Yard waste means garden waste,leaves,lawn cuttings,weeds,prunings, shrub and small tree June 11,2012 Page 4 branches as defined by the City of Maplewood Solid Waste Standards, generated at residential or commercial properties. Section 2. Residential Recycling Program 2.1 All residents are required to separate and recycle all designated recyclable materials. If set out for curbside or alleyside collection, recyclable materials are to be placed in the appropriate container(s) for recycling, and are not to be placed in the city-provided garbage cart. 2.2 Recyclable materials included as part of the city's single sort recycling system (consistent with the current City of Maplewood Residential Recycling Guide) include: Mixed paper: Newspapers (including inserts), magazines, phone books, office and school papers,junk mail,box board such as snack and cereal boxes, frozen food boxes, pop/beer/water boxes,pizza boxes, corrugated cardboard, shredded paper in sealed paper bags, egg cartons. Glass: Food and beverage containers including glass jars and bottles. Plastic: Food and beverage containers including rigid plastic containers with plastics recycling symbols #l, 92, #3, 94, #5, and#7 (but not#6 polystyrene),plastic toys, drained motor oil bottles, flower and shrub containers, landscape edging, laundry baskets, plastic buckets and pails and clear plastic take-out(clam shell) containers. Metal: Beverage, food and pet food containers including aluminum cans, tinned-steel cans, aerosol cans; and other household scrap metal such as pots, pans and silverware that will fit in the recycling bin. Milk cartons and juice boxes. Linens: Including clothes and shoes,placed in a sturdy, sealed plastic bag. Other materials: Items that from time to time are designated as recyclable by the city. 2.3 Recyclable materials are to be clean, and kept as dry as practicable between use by the resident and collection by the recycling contractor. The city-contracted recyclables hauler shall be responsible for the physical maintenance of the recycling containers, including repairs of damage to the containers, and replacement of destroyed containers. 2.4 The customer is responsible for the appropriate use and safety of the recycling containers, including both the interior and exterior of the containers. The customer shall rinse or wash the interior of the container as needed, and shall keep the containers free of markings or graffiti. 2.5 Recyclables may be placed at the curb or alley line for collection. Recyclables may be set out for collection no earlier than 5:00 p.m. on the day before the collection day. Recyclables collection will occur between 7 a.m. and 7 p.m. Recyclables containers must be removed to their storage location no later than 6 a.m. on the day after collection. 2.6 Residents that have physical challenges or other special needs may request"walk up" service. Walk up service will allow the customer to keep the recyclables at a back door or other June 11,2012 Page 5 visible location for collection by the city contracted recyclables hauler. In the winter, a clear path from the street or alley must be shoveled for the "walk up" service to be made. Residents requesting this service must apply for it using the "Request for Walk Up Service" Appendix D of this document. Section 3. Multiple-Family Recycling Program 3.1 Each owner of a building containing five (5) or more dwelling units shall provide for recycling services for all units. 3.2 The owner of a multiple-family dwelling shall make recycling services available to the occupants of all dwelling units on the premise. The recyclables collection services shall be available on the premises. This collection service shall be for at least the designated recyclables collected in the city's residential recycling program. The collection schedule and recycling containers' capacity shall provide for regular removal of the recyclables such that there is adequate storage capacity available in the recyclables 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 and/or recycling contractor to provide the recycling collection services at the owner's expense. 3.3 Recyclable materials shall include the same list as per the city's residential recycling program (see Sec. 2.2 above)unless the city approves a variance in writing. 3.4 All recyclable materials placed by residents in the multiple-family recyclables collection containers must be collected at least bi-weekly and processed and marketed for recycling by a properly licensed recycling company, and all recyclables must be appropriately recycled as per Minnesota laws and regulations. 3.5 Adequate containers shall be provided and maintained by the owner or by the recyclables hauler, whichever provides the recycling collection service, for all recyclable materials. Containers shall be: (a) Sufficient in number and size to meet the demands for recycling services created by the occupants; (b) Equipped with self-closing lids such that residents may easily place recyclables in the containers but recyclables shall not be exposed to wind, rain and snow and human and animal scavengers are discouraged from accessing or removing recyclables; (c) Equipped with standardized labels identifying the type of recyclable material to be deposited in each container and colored differently from other containers for mixed garbage or trash; (d) Maintained in proper operating condition, reasonably clean and sanitary and free of markings or graffiti; (e) Repaired or replaced on a reasonable schedule if stolen or broken. 3.6 The owner of a multiple-family dwelling shall provide recycling educational information to the occupants of each dwelling unit on the property. The educational information shall notify June 11,2012 Page 6 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 education program. The educational information must be provided to all residents at least once every six (6) months and to new residents within two (2)weeks of residence. The information will explain the reasons to recycle,recyclables to be separated from solid waste, the manner of separation and the location of the containers provided for recycling. The educational information may consist of fliers,posters, presentations or other effective means to enhance resident compliance with recycling requirements. 3.7 Container Location. Containers shall be stored on the premises in a location that is convenient for residents to place recyclables. 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. 3.8 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. No recyclable materials placed by residents in the multiple-family recyclables collection containers will be collected or disposed of as garbage. 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 or public property during transport. 3.9 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. 3.10 Annual Report. Each owner or manager of a multiple-family dwelling that does not participate in the city's contract recycling program shall file an annual report with the city by January 31 of each year. The report form shall be provided by the city(see Appendix F to this document) and shall contain, at a minimum, the following information: (a) Name of the owner and building manager and their contact information; (b) Address of the multiple-family dwelling; (c) Number of dwelling units; (d) Description of recycling collection services made available to occupants, including location of containers, frequency of collection and whether collection services are provided by the owner, the owner's employees, or a licensed collector; (e) Copy of the educational information required in Section 3.6, above, with the frequency by which the information was distributed; June 11,2012 Page 7 (f) Tonnage for each type of material recycled as provided by the owner's independent recycling contractor; and (g) Name and address of the licensed hauler/recycler that provides collection services and where the recyclables were taken for processing. Section 4. Residential Garbage Cart Standards The City of Maplewood understands the importance of a clean, litter-free and livable community and wishes to provide for cost-efficient collection of garbage from residential properties. To achieve these goals the city has implemented the requirement that customers must contain their garbage in wheeled carts provided by the city. 4.1 Each residential household, unless exempted from service by the city in accordance with Maplewood Code of Ordinances Chapter 30, shall have a wheeled garbage cart(s) of sufficient size to contain all household garbage from one collection day until the next. (a) Garbage must be bagged in either paper or plastic bags of any size before placement in the wheeled garbage cart, so that spillage or blowing of garbage does not occur during the collection process. (b) Only household garbage, as defined in Section 30.2 of the Maplewood Code of Ordinances shall be placed in the wheeled garbage carts. Items prohibited from disposal with garbage in the carts include, but may not be limited to: designated recyclables, tree and shrub waste, other yard waste, construction and demolition debris, automotive parts or fluids, electronic waste, or household hazardous waste. (c) Exemptions from service by the city-contracted hauler shall only occur in accordance with Maplewood Code of Ordinances Chapter 30, and shall be at the sole discretion of the city. Examples of alternate disposal methods to qualify for exemption from service may include: • Written permission to dispose of garbage in a neighbor's garbage cart(shared service); or • Use of a commercial dumpster owned or leased for use by a commercial property. (This commercial property may be owned or leased by the applicant, or the applicant may be an employee who has written permission from his/her employer to use the employer's commercial dumpster.) The forms to request exemption from service is attached to this document as Appendix A. (d) The City of Maplewood shall have sole discretion to grant or not grant an exemption request in Section 4.1(c) above. The city shall arrange for regular verification of proper disposal of garbage and waste at the property for which the request for exemption from garbage service is made. Evidence of improper garbage or waste disposal shall be reason to immediately require service by the city-contracted garbage hauler. June 11,2012 Page 8 4.2 The cart size and collection frequency shall be sufficient to store and contain all garbage normally generated between collections such that the cart lid fully closes and there are no extra bags of garbage next to the cart. (a) Sizes of carts available are 95 gallon, 65 gallon, 32 gallon and 20 gallon. All wheeled garbage carts are owned by the City of Maplewood. (b) If the garbage cart lid cannot be closed or there are overflow bags of garbage set out for collection that cannot be contained in the cart, a cart of larger size shall be required; or, a second cart shall be required if the cart in place is already the largest, 95 gallon cart. This requirement may be imposed by the city if a resident has overflow garbage for up to two (2)weeks (out of any consecutive five (5)weeks)where the cart lid cannot be closed or there are overflow bags set out for collection (c) A larger cart may be requested, or required, once per calendar year with no service charge for cart pickup and delivery. If a customer wishes to have a larger cart, they will request same from the city-contracted garbage hauler. The city-contracted garbage hauler shall bill the higher cart fee from the date it receives the request for the larger cart from the customer; there shall be no charge for additional bags from the time the larger cart request is received until the larger cart is delivered to the customer. If a larger cart is requested or required more than once per calendar year, the city-contracted garbage hauler may impose a service charge. The amount of this charge shall be established per the city contract and as approved by the city. (d) If overflow garbage is placed next to the wheeled garbage cart for collection,it shall be securely bagged such that animals and vermin may not access the contents of the bag. The city-contracted garbage hauler may charge an additional fee for collection of any extra bags of garbage. The amount of this fee shall be established per the city contract and as approved by the city. (e) The bill payer shall be responsible for payment of fees for garbage collection service and fees for collection of any extra bags to the city-contracted garbage hauler. (f) If a customer wishes to have a smaller cart, they will request same from the city- contracted garbage hauler. The city-contracted garbage hauler shall bill the lower cart fee from the date it receives the request for the smaller cart from the customer. There shall be no service charge for a customer to request, and receive, a smaller cart. Section 5. Residential Garbage Cart Collection by Garbage Hauler and Storage of Carts 5.1 Garbage collection by the city-contracted garbage hauler shall occur once per week, on days and in areas designated by the city. Slight schedule changes may be made, with sufficient advance notice by the city-contracted garbage hauler for major holidays, or for adverse weather conditions. 5.2 If every other week service is desired by the customer, such service may be applied for using the form, "Request for Every Other Week Garbage Removal"Appendix B of this document. Approval or denial of the request shall be at the sole discretion of the city. June 11,2012 Page 9 5.3 If temporary discontinuation of service is desired by the customer due to vacancy of the property of over two months or more, such service discontinuation may be applied for using the form, "Request for Temporary Exemption from City-Contractor Provided Garbage Removal,"Appendix C of this document. The request shall be made to the city. Approval or denial of the request shall be at the sole discretion of the city. Discontinuation of service for a temporary vacancy due to an extended vacation shall be arranged between the customer and the city-contracted hauler. 5.4 The city shall arrange for regular verification of proper disposal of garbage and waste at the property for which the request for exemption from garbage service is made as per Sections 5.2 and 5.3 above. Evidence of improper garbage or waste disposal shall be reason to immediately require weekly removal of garbage. 5.5 Unless separate provisions are made between the city-contracted garbage hauler and the customer(for example, see Sec. 5.8 below), all collection of garbage shall occur at the street line or alley line, as specified by the city-contracted garbage hauler. 5.6 Wheeled garbage carts may be set out for collection no earlier than 5:00 p.m. on the day before the collection day. 5.7 Wheeled carts shall be placed for collection at the alley or curb line, at least five feet either side of parked cars, and at least three feet from recycling containers, with the opening facing the street or alley. Carts that are not placed in this manner may not be collected by the city- contracted garbage hauler. 5.8 Residents that have physical challenges or other special needs may request"walk up" service. Walk up service will allow the customer to keep the cart at the garage, back door or other visible location for collection by the city-contracted garbage hauler. In the winter, a clear path from the street or alley must be shoveled for the"walk up" service to be made. Residents requesting this service must apply for it using the"Request for Walk Up Service" Appendix D of this document. 5.9 Regular verification of proper disposal of garbage and waste will be made at the property for which the Request for Walk Up Service location is made as per Section 5.8 above. Evidence of improper garbage or waste storage, collection or disposal shall be reason to immediately require standard curbside garbage cart set-out procedures. 5.10 Wheeled garbage carts must be returned to their storage location no later than 6:00 a.m. on the day after the collection day. 5.11 Wheeled garbage carts shall be located behind the frontline of the dwelling, in the garage or screened from view from the street, and at least ten feet from any abutting dwelling or sufficiently distant so as not to be a nuisance to those properties, unless other provisions are allowed by the city due to special site conditions. Section 6. Maintenance of Wheeled Residential Garbage Carts 6.1 The city shall own the wheeled garbage carts; residents are granted exclusive use of the carts at their address only. Carts shall not be removed from the assigned premises. If a resident moves, the cart shall remain at the assigned premises. June 11,2012 Page 10 6.2 The city-contracted garbage hauler shall be responsible for the physical maintenance of the wheeled garbage carts, including repairs of damage to the carts, and replacement of destroyed carts. 6.3 The customer is responsible for the appropriate use and safety of the wheeled garbage carts and shall be accountable for willful damage or destruction of the wheeled garbage cart. 6.4 If a wheeled garbage cart requires physical maintenance, including replacement of wheels, lid, or repairs of other wearing or damage,the customer shall call the city-contracted garbage hauler to request such service. The city-contracted garbage hauler shall promptly perform such maintenance. 6.5 Customers shall keep the inside and the outside of wheeled garbage carts clean. There shall be no markings, such as graffiti or stickers, on the outside of the carts that are not placed there by the City of Maplewood or by the city-contracted garbage hauler. Any markings that appear on the outside of the cart that are not placed there by the city-contracted garbage hauler or the City of Maplewood shall be promptly removed by the customer. Customers shall routinely wash or rinse out the interior of the wheeled garbage cart so that offensive odors are not detected outside of the empty wheeled garbage cart. 6.6 If a wheeled garbage cart is found by the City of Maplewood to have been willfully damaged or destroyed, the customer shall be responsible for payment to replace the wheeled garbage cart. The City of Maplewood shall have sole determination of willful damage or destruction of a wheeled garbage cart. Section 7. Multiple-Family Solid Waste Standards 7.1 Each property must provide for the separation of recyclables, yard waste, bulky waste, and other items designated in these standards from garbage, and shall insure the appropriate processing or disposal of all solid waste in accordance with Minnesota statutes and county policies. 7.2 Each property having more than five (5)residential units shall have weekly garbage dumpster or equivalent service,provided by a commercial-type hauler licensed by the city (a) The dumpsters shall be of a minimum capacity of one cubic yard, covered, and of an approved sanitary type with the proper attachments for lifting onto garbage trucks. The dumpsters shall be water-tight and rodent and vermin-proof. (b) Garbage shall be removed more often than weekly if dumpsters become full. Garbage shall be transported and disposed of in accordance with state laws and rules and county policies regarding licensed disposal and processing. (c) Multiple-family properties that use a cart-style service may opt into the city- contracted garbage service. June 11,2012 Page 11 Section 8. Collection and Composting of Tree and Shrub Waste, Other Yard Waste, and Source Separated Compostable Materials 8.1 Yard waste shall be properly disposed of by: (a) Backyard composting or in-place mulching (as by "mulching mowers"). (b) Collected by the city-contracted garbage hauler separate from the garbage and for an additional fee. (c) Collected by an independent lawn service separate from the city-contracted garbage hauler. (d) Taken by the resident or property owner to an approved county or private yard waste drop-off or transfer facility. (e) Including yard waste in a source-separated organics collection program, if available. 8.2 Home lawn, garden waste, and kitchen food scraps may be composted in small quantities on a residential lot as long as the compost pile does not create a nuisance for neighbors due to objectionable odor, vectors of disease or unsightliness. (a) Backyard composting must be done in a structure that prohibits the entry or nesting of rodents and vermin. Composting of meats or fats that attract rodents and vermin is prohibited in backyard composting. (b) Compost structures must be placed at least five feet from rear- and side-yard property lines and shall not be placed in a front yard. Compost structures shall be properly maintained and shall not be unsightly. (c) Residents must follow composting operation guidelines as published by the University of Minnesota Extension Service or other reputable gardening experts. 8.3 Yard waste not collected by the city-contracted garbage hauler or not composted by the resident, or tree limbs, stumps and roots greater than six (6) inches in diameter must be transported to a properly permitted and licensed yard waste transfer or composting facility. Exceptions to this requirement are allowed if a tree service provides for on-site chipping to produce a suitable mulch product. Such on-site chipping and mulch depositing must be prior approved by the resident or property owner. 8.4 Reserved for Source Separated Organics program. 8.5 Reserved for standards relating to separation and collection of source separated organic waste at multiple-family dwelling properties. Section 9. Bulky Waste, Large Appliances and Electronic Waste 9.1 All bulky waste, large appliances, electronic waste and similar items not included in the garbage or recycling programs shall be properly disposed of. No such items may be disposed June 11,2012 Page 12 of in streams,ponds, waterways or roadside ditches or on vacant or public land, or on property whether owned or not owned by the waste generator. 9.2 Upon customer request, all licensed city-contracted garbage haulers must collect and properly dispose of appliances or bulky waste within two (2)business days of a customer's request. An additional fee may be charged by the hauler for this service; the fee, if any,for such service is the responsibility of the generator of the appliances or bulky waste if known, or the property owner on whose property the item is on, and must be paid in full. 9.3 Electronic waste must be properly disposed of, either through special arrangements with the city-contracted garbage hauler, hauling of electronic waste by the resident to a legitimate electronic waste drop off facility, take back service at a retailer, or other approved disposal method. An additional fee may be charged by the hauler for this service; the fee, if any, for such service is the responsibility of the generator of the electronic waste or the property owner on whose property the item is on and must be paid in full. 9.4 Each owner of a building containing more than five (5) dwelling units shall provide for bulky waste services for all units. (a) Adequate provision on the property must be made by the owner for the convenient and proper disposal of bulky materials by residents. Bulky materials placed by residents for disposal shall be collected by a licensed hauler at least weekly. (b) Provision must be made by the owner for differential processing and disposal of the types of bulky waste generated by residents, including burnable bulky waste, recyclable bulky waste (appliances) and electronic waste. 9.5 Each owner of a building containing more than five (5) dwelling units shall prohibit the disposal of household hazardous waste, or other prohibited waste in garbage or recycling containers, and shall provide educational information to all residents in the building on the proper transportation and disposal of household hazardous waste. Section 10. Home Owner Associations 10.1 Home owner associations that utilize garbage carts and that have existing garbage collection contracts that meet the minimum requirements of these standards are not required to have city-contracted garbage collection services. 10.2 Home owner associations may apply to the city to opt in to the city-contracted garbage collection service by submitting the application form attached as Appendix F to this document. 10.3 Home owner associations that have city-contracted garbage services must continue to have city-contracted garbage services. Section 11. Commercial Solid Waste Standards (This section is presented to facilitate the conceptual discussion ofsolid waste management standards for commercial properties. Ifstandards for commercial properties are desired, appropriate language must be added to the Ordinance.) June 11,2012 Page 13 11.1 Each business or commercial property must provide for the separation of designated recyclables, bulky waste and other items designated in these standards from garbage, and shall insure the appropriate processing or disposal of all solid waste in accordance with Minnesota statutes, Minnesota Pollution Control Agency regulations and county policies. 11.2 Each business or commercial property shall have weekly garbage dumpster or equivalent service,provided by a commercial hauler licensed by the city. (a) The dumpsters shall be of a minimum capacity of one cubic yard, covered, and of an approved sanitary type with the proper attachments for lifting onto garbage trucks. The dumpsters shall be water-tight and rat and vermin-proof. If garbage carts are used, there shall be adequate capacity in size and/or number of carts to contain all waste generated between collections. (b) Garbage shall be removed at least once weekly, and more often if garbage carts or dumpsters become full. Garbage shall be transported and disposed of in accordance with state laws and rules and county policies regarding licensed disposal and processing. 11.3 Each business or commercial property shall provide for recycling services for all units. (a) Adequate containers shall be provided by the owner or by the recyclables hauler for all recyclable materials. Containers shall be stored on the premises in a location that is convenient for building tenants to place recyclables and for haulers to collect recyclables. The containers for recycling will be covered and secured so that building tenants may easily place recyclables in the containers. Recyclables shall not be exposed to wind,rain and snow. The recycling container lids should also discourage human and animal scavengers from accessing or removing recyclables. (b) Recyclable materials shall include the same list as the city's residential recycling program (see Sec. 2.2 above)unless the city approves a variance in writing, in addition to any business-specific recyclables for which a market is available (e.g., metal turnings,printing rolls or end runs, or other types of commercial or industrial scrap commodities). (c) All recyclable materials placed by building tenants in the commercial recyclables collection containers should be collected at least bi-weekly and processed and marketed for recycling by a properly licensed recycling company, and all recyclables must be appropriately recycled as per Minnesota laws and regulations. No recyclable materials placed by building tenants in the recyclables collection containers will be collected or disposed of as garbage. (d) Recycling education information should be provided to all building tenants that explains the reasons to recycle, recyclables to be separated from solid waste, the manner of separation and the location of the containers provided for recycling. If English is not the language spoken by specific tenants, education shall be provided to them in a language and/or format that is understandable by them. The education information may June 11,2012 Page 14 consist of fliers, posters, presentations or other methods as appropriate. The education program may be conducted by the owner or by the recyclables hauler. 11.4 Reserved for standards relating to separation and collection of yard waste at commercial properties. 11.5 Reserved for standards relating to separation and collection of organic waste at commercial properties. Section 12. Delinquent Accounts 12.1 The city contracted garbage hauler is responsible for collection of all fees associated with the collection and processing of garbage from residential properties. The city-contracted hauler shall make good-faith efforts to collect all amounts due,including use of a collection agency. All such efforts shall be documented. 12.2 The St. Paul Water Authority and adjacent cities, as applicable, are responsible for the collection of all fees associated with the City of Maplewood recycling program. The St. Paul Water Authority or the appropriate cities shall make good-faith efforts to collect all amounts due, including use of a collection agency. 12.3 Delinquent accounts shall be defined as those residents who have not paid and are over three (3) months past due. 12.4 If the amount continues to be delinquent past the three (3)months from the account being declared"past due"by the above entity, the City of Maplewood shall declare the amount delinquent. The entity shall submit a written request to the City of Maplewood with adequate documentation of the efforts made to collect the past due amounts. If the city determines that a good faith effort was made and that adequate documentation was submitted, the city shall place the amount on the property taxes associated with the property for which the amount is due. The city shall follow all practices required by the state and city ordinance to assess the delinquent amount to the property. Section 13. Resolution of Disputes 13.1 If there is a dispute between the customer and a hauler regarding extra service charges or required cart size, such disputes shall be forwarded by the customer to the City of Maplewood. 13.2 The dispute shall be in writing, and shall contain the following information: (a) Date of the dispute; (b) Nature of the dispute (cart size, charges for extra garbage, missed service, etc.); (c) Any and all evidence related to the dispute (photographs, neighbor's statements, etc.); and (d) Requested resolution of the dispute. The dispute shall be mailed or delivered to: June 11,2012 Page 15 City of Maplewood City Manager 1830 County Road B East Maplewood, MN 55109 13.3 The City of Maplewood shall make a determination regarding the dispute, and notify the customer and the city-designated hauler of the determination. The determination of the city shall be final, unless the customer desires to seek further remedy in District Court. Section 14. Reserved for Standard on Household Hazardous Waste June 11,2012 Page 16 Agenda Item 5.b. ENVIRONMENTAL & NATURAL RESOURCES COMMISSION STAFF REPORT Meeting Date December 16, 2019 REPORT TO: Environmental and Natural Resources Commission REPORT FROM: Shann Finwall, AICP, Environmental Planner PRESENTER: Shann Finwall, AICP, Environmental Planner AGENDA ITEM: 2019 Annual Reports a. Environmental and Natural Resources Commission b. Sustainability c. Solid Waste Action Requested: ✓ Motion ✓ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: Annually the Environmental and Natural Resources Commission and Community Development Department submits reports to the City Council and the public. Recommended Action: Recommend approval of the 2019 Annual Reports (Environmental and Natural Resources Commission, Sustainability, and Solid Waste). Fiscal Impact: Is There a Fiscal Impact? ✓ No ❑ Yes, the true or estimated cost is $0 Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ❑ Other: n/a Strategic Plan Relevance: ❑ Financial Sustainability ✓ Integrated Communication ❑ Targeted Redevelopment ❑ Operational Effectiveness ❑ Community Inclusiveness ❑ Infrastructure & Asset Mgmt. The annual reports serve as an important means of updating the City Council and the Community on the City's environmental and sustainability accomplishments and goals. Background Attached to this memo is a draft of the 2019 Annual Reports for the Environmental and Natural Resources Commission, Sustainability, and Solid Waste content. The reports will be included in the Community Development Department's Annual Report and will include updates from each commission and board staffed by the department, and department projects and initiatives. The report will be presented during the State of the City event on January 15, 2020, and to the City Council in early 2020. Attachments 1. 2019 Environmental and Natural Resources Commission Annual Report (Draft) 2. 2019 Sustainability Report (Draft) 3. 2019 Solid Waste Report (Draft) Links 1. 2018 Community Development Annual Report: https://www.maplewoodmn.gov/DocumentCenter/View/22906/2018-Community- Development-Annual-Report?bidld= 2 Attachment 1 Draft Environmental and Natural Resources 2019 Annual Report The Environmental and Natural Resources (ENR) Commission is an important piece of the City's environmental planning efforts. The ENR develops and promotes sustainable practices for City policies and procedures. Mission 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. 2019 Highlight In 2019 the ENR Commission assisted with a request for proposal (RFP) for new residential trash hauling and yard waste and recycling collection contracts. The RFP was released on May 20, 2019. The City received proposals from six haulers with varying service level options. Commissioners Palzer, Miller, and Sinn served on the Proposal Review Committee. The proposal ranking system was per six criteria weightings outlined in the RFP including economics, environmental, responsiveness, qualifications, safety, and education. The Proposal Review Committee was diligent in evaluating the relative strengths and weaknesses of each proposal as fairly and objectively as possible. As a result of the Proposal Review Committee's careful evaluations, Republic Services was ranked as the number one respondent for trash hauling and yard waste hauling and Tennis Sanitation was ranked as the number one respondent for recycling collection. Both haulers had the best overall scores in the trash and recycling only categories when evaluated against all six criteria as per the RFP, including the lowest price. On September 9, 2019, the City Council authorized 5-1/2 year contracts with Republic Services for residential trash hauling and yard waste and Tennis Sanitation for residential recycling. The trash and recycling contracts include improvements to the City's solid waste program including: • Pay as you Throw— Larger increments between service levels over time to decrease waste and increase recycling. • Future Curbside Organics Collection — Exploring a possible 2022 roll out of organics collection. • City Facilities — No charge for recycling or trash collection at City facilities. • Spring Clean Up — No charge for the annual Spring Clean Up. • Liquidated Damages— New incident escalation procedures. • Multi-Family, Small Business, and Churches - Recycling dumpsters in addition to recycling carts are available for multi-family, small businesses, and churches. • Yard Waste — 95 gallon yard waste carts available, in addition to 65 gallon carts. Environmental Issues Reviewed in 2019 1. Wetland Buffer Variance for an Addition to a Single Family Home— 1603 Mary Street North 2. Wetland Buffer Variance for a New Single Family Home —2659 Geranium Avenue East 3. Review of Environmental and Natural Resources Commission Rules of Procedure 4. Community Food Assessment 5. Conducting City Business and Public Meetings Presentation 6. Maplewood Nature Center Master Plan 7. Maplewood Residential Trash and Recycling Request for Proposal 8. Tennis Sanitation Recycling Collection Annual Review 9. Republic Services Trash and Yard Waste Collection Year End Report 10. NPDES Phase II and MS4 Permit, 2018 SWPPP Annual Report 11. Environmental Purchasing Policy 12. Local Foods Guide 13. Resolution of Appreciation for Tom Sinn 14. Climate Adaptation Planning Process 15. Results of 2018 Food Waste and Organic Recycling Experiment 16. Update on the Maplewood Organics Drop Off Site and Future Organics Recycling Collection 17. Update on the Maplewood Trash and Recycling Contracts 18. Solid Waste Ordinance and Standards Meetings and Membership Meets 3rd Monday of Every Month 7 p.m. 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. In 2019 the membership was as follows: • Ted Redmond —Vice Chairperson Member since 11/14/16; term Expires 9/30/22 • Ann Palzer - Member Member since 7/25/11; Term Expires 9/30/22 • Keith Buttleman — Member Member since 1/25/16; Term Expires 9/30/21 • Mollie Miller— Member Member since 9/22/14; Term Expires 9/30/20 2 • Candace Okeson — Member Member since 9/11/17; Term Expires 9/30/22 • Vacancy Term Expires 9/30/20 In September, two ENR Commission terms were expiring including Ann Palzer and Ted Redmond. On October 28, 2019, the City Council reappointed Ann Palzer and Ted Redmond to another three-year term, expiring on September 30, 2022. Tom Sinn resigned from the Commission on July 31, 2019. Tom Sinn was a member since September 22, 2014. There is currently one vacancy on the ENR Commission. Each year the ENR appoints a Chair and Vice Chair to run Commission meetings. On January 23, 2019, the ENR Commission appointed Commissioner Redmond to be the Chair and Commissioner Miller to be the Vice Chair. Previously (2018) the Chair was Commissioner Riess and the Vice Chair was Commissioner Redmond. Kathleen Juenemann is the City Council Liaison and Shann Finwall, Environmental Planner, is the staff liaison to the ENR Commission. Maplewood Environmental Goals In 2019 the ENR Commission's goals were to look at strategic planning in the areas of energy, accessibility (local foods and trails/transit), and creating a funding mechanism for sustainability projects. The ENR promoted sustainable practices by participating in the following events: • Spring Clean Up • Arbor Day Event • Waterfest • Minnesota State Fair Eco Experience • National Night Out • Solar Power Hour • Nature Center 401h Anniversary 3 Attachment 2 Draft Sustainability 2019 Report Sustainability builds the foundation for a prosperous, equitable, livable, and resilient future. Maplewood incorporates sustainability planning into overarching goals, policies, and actions which will allow the City to thrive under changing environments. MN GreenStep Cities Maplewood has been participating in the Minnesota GreenStep Cities program since December 2010. GreenStep Cities is a voluntary challenge, assistance and recognition program to help cities achieve their sustainability and quality-of-life goals. For the fifth year in a row, the City was awarded Step 5 in 2019 for making improvements to the core and operational sustainability metrics as follows. • City operations: o Decrease in — ■ Electricity consumption for all buildings. ■ City operations solid waste generated per year. o Increase in - ■ Number of city-owned green certified buildings. ■ Municipal green square footage compared to last year. • City-wide: o Decrease in — ■ Residential solid waste generated per city resident per day. ■ Commercial solid waste generated per job, per day. o Increase in — ■ The number of electric vehicle charging stations. ■ Net number of new trees planted in right-of-ways and parks. ■ Number of private renewable energy generation sites. ■ Generation capacity of private renewable energy sites. ■ Number of annual renewable energy purchasing/green power programs. ■ Number of local food venues. ■ The percent of waste recycled. MN State Fair Eco-Experience The City of Maplewood was recognized by the Minnesota Department of Commerce for its outstanding efforts in championing clean energy. To showcase the City's accomplishments, Maplewood was featured in the Commerce's energy exhibit located in the Eco-Experience building at the Minnesota State Fair on Thursday, August 29, 2019. Maplewood is committed to educating and empowering the community to participate in energy actions that will move Maplewood towards carbon neutrality. At the Eco-Experience the City spotlighted its successful energy initiatives completed over the past few years including the Energize Maplewood! Residential Energy Challenge, Re-Energize Maplewood! Solar Feasibility Studies, and detailed the upcoming climate adaptation planning process. Green Team The Green Team promotes environmentally sustainable operating practices by implementing and influencing feasible approaches to reducing emissions and pollution within the City. In 2019 the Green Team's goal was to update the City's Environmental Purchasing Policy (EPP). The EPP was adopted in 2011 with the purpose of purchasing goods and services that have a reduced effect on the natural environment and human health. In December the Green Team announced the Plastic Free December Challenge. A fun challenge that encouraged employees to reduce single-use plastics such as plastic shopping bags and throw away plastic utensils. The Plastic Free December Challenge also served as a way to educate employees on the City's EPP and encourage environmentally responsible purchasing habits. Environmental Education Nature Center: The Nature Center's mission is to enhance awareness and understanding of land, water, and wildlife resources; to empower the community to become stewards of the environment. The naturalists at the Maplewood Nature Center offer environmental education programming throughout the year. In 2019 the Nature Center continued its leadership in environmental education, ..... additional details to be added after Nature Center review. Environmental Newsletter— Seasons: The City publishes a quarterly environmental newsletter called Seasons. The Seasons focuses on timely environmental topics designed to educate, inspire, and promote sustainability City-wide. The 2019 Seasons spotlighted the Re-Energize Maplewood! solar feasibility studies, the City's urban forest, Nature Center Master Plan, and the upcoming climate adaptation planning process. 2 Attachment 3 Draft Solid Waste 2019 Annual Report Through Maplewood's organized solid waste collection system, the City has been able to help limit greenhouse gas emissions and divert waste from landfills. It's lead to lower prices, reduced truck traffic, and community control over waste management decisions. The City contracts with Republic Services for single-family trash and yard waste collection and Tennis Sanitation for single and multi-family recycling. The goals of the City's solid waste program are to: 1. Provide safe and high quality trash and recycling collection services that are directly responsive to the needs of Maplewood residents and enhance a sense of community; 2. Maximize the recovery of recyclable materials and minimize trash disposal in the most cost-effective manner possible; and 3. Improve education of all City residents about trash and recycling services to improve recycling participation and recovery rates. Solid Waste Collection Include solid waste collection chart New Recycling and Trash Contracts After a competitive bidding process for new trash and recycling contracts, the City Council authorized new 5'/2-year contracts with Republic Services for trash and yard waste and Tennis Sanitation for recycling. Both proposals were ranked highest among the City's bidding criteria (economics, safety, education, environmental and qualifications), including the lowest price. The new contracts begin January 1, 2020 and include improvements to the trash and recycling programs as follows: 1. Pay as You Throw: Incremental price adjustments each year of the contract that will create greater variation between cart sizes —the less residents throw away, the less they pay. 2. Curbside Organics Collection: Exploring a possible 2022 rollout. 3. Small Business and Church Recycling: Two 95-gallon recycling carts will be supplied to businesses and churches that opt into the City's residential recycling collection at the same cost as the residential rates. The new contract will also allow the collection of recyclables from a recycling dumpster at small businesses and churches. 4. Multi-Family Property Recycling: The new contract allows for the collection of recyclables from dumpsters for properties with 21 units or more, in addition to the 95- gallon recycling carts currently supplied. www.maplewoodmn.gov/solidwaste