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HomeMy WebLinkAbout2020-02-26 ENR Packet AGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION Wednesday, February 26, 2020 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. December 16, 2019 5. New Business a. Election of Chair and Vice Chair b. 2020 Work Plan and Environmental Priorities 6. Unfinished Business a. Solid Waste Management Ordinance and Standards 7. Visitor Presentations 8. Commissioner Presentations 9. Staff Presentations (oral reports) a. Spring Clean Up —April 18 b. Earth Day—April 22 C. Maplewood Nature Center Programs 10. Adjourn Agenda Item 4.a. MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 7:00 p.m., Monday, December 16, 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 Acting Chair Palzer. 2. ROLL CALL Keith Buttleman, Commissioner Present Joe Gould, Commissioner Absent *on leave until May/June 2020 Mollie Miller, Vice Chair Absent Candace Okeson, Commissioner Present Ann Palzer, Commissioner Present Ted Redmond, Chair Absent Staff Present Shann Finwall, Environmental Planner 3. APPROVAL OF AGENDA Commissioner Buttleman moved to approve the agenda as submitted. Seconded by Commissioner Okeson. Ayes —All The motion passed. 4. APPROVAL OF MINUTES Commissioner Okeson moved to approve the October 21, 2019, Environmental and Natural Resources Commission meeting minutes as submitted. Seconded by Commissioner Ayes —All The motion passed. 5. NEW BUSINESS a. Solid Waste Management Ordinance and Standards i. Environmental Planner, Shann Finwall gave the report on Solid Waste Management Ordinance and Standards and answered questions of the Commission. The Commission discussed the following details regarding the proposed ordinance amendments: December 16, 2019 1 Environmental and Natural Resources Commission Meeting Minutes • Hours of collection — 6 a.m. to 6 p.m., instead of as stated in the contract. • Multi-family recycling — requiring that all multi-family properties have recycling through the City's contractor and allowing for recycling dumpsters in addition to carts. • Payment of fees —adding language that details how the recycling fee is added to residential water bills. • Small business and church recycling —allowing for recycling dumpsters in addition to carts, adding language that details how small businesses and churches can opt into the City's recycling program. • Organics —adding language about food scrap recycling. • Licensing —amending the auto liability coverage amounts. The ordinance amendments will come back to the ENR Commission in January for final review. b. 2019 Annual Reports i. Environmental Planner, Shann Finwall gave the report on the 2019 Annual Reports. 1. Environmental and Natural Resources Commission 2. Sustainability 3. Solid Waste The Commission offered comment and feedback on the reports. The final reports will be included with the overall Community Development Department, which will be available during the State of the City event on January 15 and presented to the City Council on January 27, 2020. 6. UNFINISHED BUSINESS None. 7. VISITOR PRESENTATIONS Two visitors came forward to say hello to the ENR Commission. 8. COMMISSION PRESENTATIONS None. 9. STAFF PRESENTATIONS a. Reschedule January and February 2020 Environmental and Natural Resources Commission Meetings (Tuesday, January 28 and Tuesday, February 25th, 2020) b. January 2020 Election of Chair and Vice Chair—Staff to email a reminder to the commission. C. 2020 Goal Setting Discussion d. Holiday Light and Extension Cord Recycling - December 2, 2019—January 31, 2020 at the City Hall and Public Works building entrances. Recommendation was to start it a week earlier, prior to Thanksgiving. e. Environmental and Natural Resources Commission Vacancy—One Vacancy December 16, 2019 2 Environmental and Natural Resources Commission Meeting Minutes f. Maplewood Business Awards Program — Environmental Sustainability— Business Awards will be announced January 151H g. Maplewood Nature Center Programs - For more information contact the Maplewood Nature Center at (651) 249-2170. 10. ADJOURNMENT Acting Chair Palzer adjourned the meeting at 8:20 p.m. December 16, 2019 3 Environmental and Natural Resources Commission Meeting Minutes Agenda Item 5.a. ENVIRONMENTAL & NATURAL RESOURCES COMMISSION STAFF REPORT Meeting Date February 26, 2020 REPORT TO: Environmental and Natural Resources Commission REPORT FROM: Shann Finwall, AICP, Environmental Planner PRESENTER: Shann Finwall, AICP, Environmental Planner AGENDA ITEM: Election of Chair and Vice Chair Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: The Environmental and Natural Resources Commission ordinance requires that the Commission elect a Chair and Vice-Chair to run the meetings each year. Recommended Action: Nominate a Chair and Vice-Chair for 2020. Motion to approve the Chair and Vice-Chair nominations. 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 Environmental and Natural Resources Commission ordinance outlines the duties of the Chair and Vice-Chair as follows: The Chair is responsible for calling and presiding at meetings and shall have an equal vote with other members of the Commission. If the Chairperson is not at the meeting, the Vice-Chair shall assume the duties of the Chair for that meeting. Background In 2019 the Environmental and Natural Resources Commission elected Commissioner Redmond to act as Chair and Commissioner Miller to act as Vice-Chair. The 2020 elections were announced at the December 2019 Commission meeting. There was no discussion by the Commission. During the February 2020 meeting the Commission should nominate a Chair and Vice-Chair to serve throughout the year, and make a motion to approve those elected positions. Attachments None Agenda Item 5.b. ENVIRONMENTAL & NATURAL RESOURCES COMMISSION STAFF REPORT Meeting Date February 26, 2020 REPORT TO: Environmental and Natural Resources Commission REPORT FROM: Shann Finwall, AICP, Environmental Planner PRESENTER: Shann Finwall, AICP, Environmental Planner AGENDA ITEM: 2020 Work Plan and Environmental Priorities Action Requested: ❑ Motion ✓ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: The Environmental and Natural Resources (ENR) Commission ordinance outlines the Commission's duties and responsibilities to include: The Commission shall establish environmental priorities for the city in partnership with the City Council and recommend changes or new policies that control, protect, preserve, and enhance the City's environmental assets. Recommended Action: Review the 2019 goals and accomplishments and discuss the 2020 work plan and environmental priorities. 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. Outlining a yearly work plan and environmental priorities will allow the ENR Commission to operate effectively by setting an agenda and schedule for the year. Background Yearly the ENR Commission would set goals and establish subcommittees of three members each. The subcommittees would do research on the items and bring back information to the full Commission. Last year there were staff time constraints that limited assistance with the subcommittees and follow through with the goals. This year staff is proposing a new approach, setting a work plan on items that need to go before the Commission and scheduling a work session with the City Council to discuss environmental priorities. Following is information that will be helpful in creating a work plan and environmental priorities. ENR Commission Duties and Responsibilities In order to protect, preserve and enhance the environment of the City of Maplewood, the ENR Commission will: 1. Establish environmental priorities for the city in partnership with the City Council. 2. Recommend to the Community Design Review Board, Planning Commission and City Council changes necessary to existing policies, operating procedures and ordinances that control, protect, preserve and enhance the city's environmental assets. 3. Actively participate in and support the mission and goals of the Maplewood Nature Center and Neighborhood Preserves by promoting environmental awareness through educational programs, communications and co-sponsored activities. 4. Proactively promote greater use and appreciations of the city's environmental assets. 5. Review the role of other city groups and how they might assist, support and advise the Environmental and Natural Resources Commission. 6. Sponsor environmental projects to enhance, repair, replace or restore neglected or deteriorating environmental assets of the city. 7. Develop educational programs and materials that foster the mission to the Environmental and Natural Resources Commission. 8. Develop and promote the use of"sustainable practices" for city policies and procedures. Update on 2019 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. Many of the projects reviewed by the Commission in 2019 helped achieve those goals: Energy 1. Climate Adaptation Planning Process Accessibility to Local Foods and Trails/Transit 1. Community Food Assessment 2. Local Foods Guide Sustainability 1. Maplewood Nature Center Master Plan 2. Maplewood Residential Trash and Recycling Request for Proposal 3. Solid Waste Annual Review 4. NPDES Phase II and MS4 Permit, 2018 SWPPP Annual Report 5. Environmental Purchasing Policy 6. Solid Waste Ordinance and Standards 2 Meetings and Events Following is a list of meetings and events in 2020 that the ENR Commission will help coordinate or be involved in: January ■ 28 (Tuesday): ENR Meeting February ■ 26 (Wednesday): ENR Meeting March ■ 16 (Monday): ENR Meeting April ■ 20 (Monday): ENR Meeting ■ 18 (Saturday): Spring Clean Up ■ 22 (Wednesday): Earth Day ■ 25 (Saturday): All Parks Clean Up May ■ 2 (Saturday): Tree-Mendous Arbor Day Celebration! ■ 18 (Monday): ENR Meeting ■ 30 (Saturday): Waterfest June ■ 15 (Monday): ENR Meeting July ■ 4 (Saturday): Fourth of July Event ■ 20 (Monday): ENR Meeting ■ 8 to 12 (Wed. —Sun.): Ramsey Co. Fair August ■ 4 (Tuesday): National Night Out ■ 17 (Monday): ENR Meeting September ■ 21 (Monday): ENR Meeting October ■ 19 (Monday): ENR Meeting ■ Throughout October: Fall Clean Up Campaign November ■ 3 (Tuesday): Elections ■ 15 (Sunday): America Recycles Day ■ 16 (Monday): ENR Meeting December ■ 21 (Monday): ENR Meeting 3 City Council Strategic Priorities The Maplewood Strategic Plan serves as the community's roadmap and is used to prioritize initiatives, resources, goals, and department operations and projects. The strategic plan is a big- picture document directing efforts and resources toward a clearly defined vision. The Commission should review the strategic priorities outlined in the plan prior to creating a work plan and environmental priorities for 2020. 1. Community Inclusiveness: Strive to create a community that is engaged, tolerant, and compassionate about everyone. To further build a community that embraces and respects diversity and that uses different perspectives and experiences to build an inclusive and equitable city for all. 2. Financial Stability: Maintain a positive financial position by balancing revenues and expenditures for operations, debt management, and capital investments. Provide quality city services at a level that reflects community values and that are supported by available resources. 3. Infrastructure and Asset Management: Provide safe, efficient, sustainable, cost-effective, and well-maintained roads and transportation systems. Build, maintain, and manage capital assets to preserve long-term investment and ensure uninterrupted support services. 4. Integrated Communication: Create a long-term vision that reflects our community identity and effectively communicates a consistent, broad-based message and brand through a variety of mediums. 5. Operational Effectiveness: Create a culture that is built on trust, conveys clearly identified goals and expectations, and is focused on the city's long-range mission and vision. Value organizational efficiencies which are based on performance measurement, accountability, and best practices. 6. Targeted Redevelopment: Guide residential development by leveraging resources to expand the tax base but also create housing options that meets the diversity of the community. Promote commercial development through the green building code and innovation that supports business growth. 2020 Work Plan Following is a list of items which will require review by the Commission in 2020: 1. Solid Waste Ordinance 2. Trash and Recycling Annual Review 3. Climate Adaptation Plan 3. Climate Mitigation Plan 4. Mississippi River Critical Area Ordinance 5. Zoning Updates Environmental Priorities Following are the environmental goals and action items adopted in the 2040 Comprehensive Plan. The action items highlighted below have been completed. 4 • Natural Resources 1. Develop and implement a Maplewood Tree Plan to cover boulevard trees, park trees, woodlots, and forests. • Energy Goals 1. The City will follow the state energy goal guidelines of reducing greenhouse gas emissions to 20 percent of the City's 2015 baseline levels by 2050 (an 80 percent reduction). o The City will establish interim goals every 5 to 10 years to assure City emission reductions track against the primary goal outlined above, and to adjust policies and strategies as needed. Future interim goals will be established by the City at the completion of the first interim timeframe. 2. The City will encourage and support renewable energy. o The City will obtain a minimum of 50 percent of all electric energy from renewable sources by 2040. This includes having a minimum of 20 percent in on-site solar photovoltaic generation within the City, with the balance being met through Xcel Energy's 31.5 percent renewable portfolio requirement. o City facilities will be powered by 100% renewables by 2040. • Energy Actions 1. Set interim goals as follows: o Greenhouse Gas Reduction Interim Goal: Reduce City-Wide greenhouse gas emissions to 80% of 2015 Baseline levels by 2025 (a 20 percent reduction). o On-Site Solar Interim Goals: ■ Achieve 5.5 percent on-site solar photovoltaic by 2022. ■ Achieve 15 percent on-site solar photovoltaic by 2030. 2. Modify the City's operating procedures and annual budgets to implement the Climate Action and Adaption goals. 3. Conduct a site-specific solar energy capacity study to identify the 20 most beneficial sites for solar PV development. Use the site-specific study as the basis of outreach to the owners of the top 20 sites, educating them on the opportunities and benefits of installing solar PV within the existing timeframe of the Federal Tax Incentive. Study should occur by mid-2018 to support leverage of tax incentive potential. 4. Coordinate with Ramsey County and Minnesota PACE to develop a communications plan to review the financing opportunities and financial advantages available to utilizing PACE financing for solar PV, especially while the Federal Tax Incentive remains in effect through 2021. 5. Develop and distribute an informational brochure outlining the current incentives available to Maplewood residents and businesses as well as the potential short and long-term benefits 5 of installing solar PV. Work with City businesses and community groups to assure broad distribution. 6. Coordinate with Ramsey County to explore the development of new incentive programs, particularly those aimed at low and moderate income residents. Program opportunities may include development of Low Income Home Energy Assistance Program (LIHEAP) based funding sources. 7. Conduct a Green Economy Business and Economic Development Potentials study to identify strategies in leveraging economic opportunities in the Green Economy and emerging renewable energy field. Study should focus not only on national, state, and metro area trends, but should identify strengths, weaknesses, opportunities, and threats unique to Maplewood. The goal of establishing a robust business atmosphere capable not only of serving Maplewood renewable energy and green economy needs but fulfilling a unique economic niche within the Metropolitan area. 8. Adopt a Climate Action and Adaptation Plan that includes strategies for dealing with the effects of climate change. Strategies to be considered should strive to: o Decrease City-wide GHG emissions to meet the City's long-range emissions goals. o Increase renewable energy to meet the City's long-range renewable energy goals. o Conduct a climate vulnerabilities study. o Decrease the urban heat island effect, especially in areas with populations most vulnerable to heat. o Minimize health issues caused by extreme heat days, especially for populations most vulnerable to heat. o Increase the resilience of Maplewood's water supply in drier summers. o Increase food security for Maplewood residents, especially those most vulnerable. o Increase the resilience of natural and built systems to adapt to increased timeframes between precipitation and increased drought conditions. o Increase the resilience of the natural and built environment to more intense rain event and associated flooding. o Manage the increased risk of disease due to changes in vector populations. o Strengthen emergency management capacity to respond to weather-related emergencies. o Institutionalize climate change preparation planning and best practices. o Improve the capacity of the community, especially populations most vulnerable to climate change risks, to understand, prepare for and respond to climate impacts. The development of a Climate Action and Adaptation Plan will support the communities' guiding principles of resilience, health, equity. • Local Food Access Goals 1. Create a healthy, walkable community by providing healthy food options and accessibility for all people, regardless of income. o Support development patterns that decrease the distance between households and healthy retail food options. o Encourage healthy retail food options such as food stores and farmers markets that are located in places easily reached by bus, bike or foot. 6 o Support the establishment and maintenance of community gardens throughout the community to provide residents with easy access to healthy food. o Support the establishment of urban farms in appropriate areas. o Encourage edible and pollinator-friendly landscapes on all properties. o Support the keeping of bees, chickens, goats and other animals appropriate for the size and location of the property. o Support food-related business and initiatives that advance the development of local and regional economies. o Support innovative practices such as mobile food markets and mobile food pantries/shelves to bring food closer to under-resourced consumers. o Support the efforts of small food stores to sell more healthy and fresh foods. • Local Food Access Actions 1. Conduct a community food security assessment to identify barriers and gaps in healthy food access and community assets. 2. Complete an urban agriculture zoning review to remove barriers and promote local food access in all zoning districts. 3. Allow and encourage single-family subdivisions and multi-family developments to incorporate community gardens. 4. Integrate community gardens into public housing developments and create incentives for community gardens in affordable housing developments that receive public assistance. 5. Encourage townhome and other types of housing associations to allow gardening as part of allowable activities. 6. Analyze and address sidewalk and trail gaps near food stores, hunger relief programs, farmers markets, community gardens, and other healthy food sources. 7. Require new developments that will have food options to provide safe, internal circulation for pedestrians and cyclists and bike racks. 8. Explore partnership opportunities to provide education and skill development for families around healthy food selection and preparation. 9. Collaborate on equipment-lending libraries and seed and seedling programs to support garden efforts of families. 10. Identify and educate on options for testing of soil of contaminants to ensure new gardens are safe. 11. Review and modify as needed healthy food options available at city facilities. 12. Explore how to add community supported agriculture delivery sites to serve multi-family developments. 13. Modify land use policies to support pollinators through city ordinance and city operations/maintenance. 7 14. Partner with the business and school communities to promote health and well-being within worksites. 15. Review management of locally owned public land, and take steps to increase its contribution to pollinator health. 16. Partner with local food retailers to market a buy local food campaign. Attachments None 8 Agenda Item 6.a. ENVIRONMENTAL & NATURAL RESOURCES COMMISSION STAFF REPORT Meeting Date February 26, 2020 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: Recommend approval of the Solid Waste Management Ordinance and Standard amendments. 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 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 The Solid Waste Management Ordinance was updated in 2012 after the City organized its trash hauling. The ordinance includes regulations for trash and recycling for single family, multi-family, and commercial properties; and licensing requirements for all haulers. Amendments to the ordinance are necessary to meet requirements in the new trash and recycling contracts. Attached find the amended solid waste ordinance. Following is a description of the substantial amendments proposed: 1. Multi-family recycling solid waste amendments —amend the language to ensure that all multi-family properties are required to use the City's contracted recycling hauler for the collection of recyclables. 2. Hours of collection —6 a.m. to 6 p.m., instead of as stated in the contract. 3. Multi-family recycling — requiring that all multi-family properties have recycling through the City's contractor and allowing for recycling dumpsters in addition to carts. 4. Payment of fees —adding language that details how the recycling fee is added to residential water bills. 5. Small business and church recycling — allowing for recycling dumpsters in addition to carts, adding language that details how small businesses and churches can opt into the City's recycling program. 6. Commercial building recycling — add language to ensure commercial buildings are collecting recyclable materials in accordance with state law and county policy. 7. Organics —adding language about food scrap recycling. 8. Delinquent accounts — delinquent accounts are defined as an account that is three months past due. The city-contracted trash hauler can impose administrative service fees on bills that are delinquent per the contract. The city-contractor can request that the City assess delinquent accounts that are six months or more past due. 9. Licensing —amending the auto liability coverage amounts. Solid Waste Management Standards The City developed Solid Waste Management Standards to outline the storage, collection, and transportation of residential solid waste. The standards serve as instructions for residents to follow as part of the solid waste collection system. They do not replace or supercede city ordinances. The city manager's authority for adopting or amending the standards comes from the city's Solid Waste Ordinance. 2 Attached find the amended solid waste standards. Amendments are consistent with the solid waste management ordinance amendments described above, except for one notable change. The standards outline that once a multiple-family townhome or manufactured home property opts into the city residential trash service, they must continue to have service through the city's contracted trash hauler. In summary, they cannot opt out and contract with another licensed trash hauler. The purpose for this requirement is twofold: 1. Purchase of Trash Carts: The city must purchase trash carts for the multiple-family properties that opt into the city's trash program. The city charges a $.75 monthly cart fee to cover the cost of the carts. It takes approximately five years to pay off the cart with the monthly cart fee. If a multiple-family property opted out of the city's trash program before that time, the cart investment would not be warranted. 2. Better Management of Solid Waste: Increasing the overall number of households included in the city's trash program will ensure better management of the city's solid waste including: a) Ensure trash is managed by the city's contracted trash hauler per the city contract. b) Consistent education and outreach through the city's trash program. C) Reduced truck traffic and emissions. Attachments 1. Solid Waste Management Ordinance (Amended) 2. Solid Waste Management Standards (Amended) 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. 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. 1 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. City-residential zarbaze pro,-ram is the zarbaze collection throu,-h the city-contracted zarbaze hauler and any collection services outlined in the residential zarbaze contract. City residential recyclinz program is the recyclable collection throu,-h the city-contracted recyclin,-hauler and any collection services outlined in the residential recyclin,-contract. 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 five (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. 2 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 erste-means residential food waste and includes meal preparation and left over food sfrom 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, 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. 3 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 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 4 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. 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 ealleefien of gafbage for-fesidefifial and mtt4iple family dwellings shall be in aeeer-danee with in the—el ''s e-A—irtF—Aet _&OFTeffe'�les cerieetier, Mwiday nr-ei-cgh Sat riay. -The collection of garbage and recyclables for all eammer-eiial roperties 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 5 Pollution Control Agency regulations. 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 bin-s;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) Occupants of residential properties shall store all recycling in contractor-provided recycling carts between collections. On the designated day of collection in their area they may place the contractor-provided recycling cart on the curb or alley line for collection by the city- 6 contracted recycling hauler. (e) Instead of the requirement to place the contractor-provided recycling cart at the curb or alley line,residents with physical challenges may apply to the city for walk-up service as provided by the Cit o�plewood Solid Waste Management Standards. (f1 Every_person occuo iying a residential property shall utilize contractor-provided recycling carts for recycling of designated recyclables. The carts are the property of the contractor, and shall be used solely for recycling of designated recyclables. Only city-provided recycling carts, or approved boxes or paper bags for overflow recyclables, in addition to the cart shall be used for the recycling of designated recyclables. (g) Except on specified collection days as provided in Section 30-41(g) below, all contractor- provided recycling 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. (h) Contractor-provided recycling carts and any additional boxed or bagged overflow recycling 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 recycling carts must be removed from the curb line no later than 6:00 a.m. on the day after collection. (i) Payment of fee. The recycling fee shall be invoiced to every single family residential r dwelling with water and sanitary sewer bills. The fee shall be due and payable the same terms as water and sanitary sewer bills. Sec. 30-22 - Collection and Composting or Disposal of Residential 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 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 Cit o�plewood Solid Waste Management Standards. (c) Yard waste not collected by the city-contractedag rbage 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 Cit o�plewood Solid Waste Management Standards may allow for exceptions if a tree service provides for on-site chipping to produce a suitable mulch product. Sec 30-23 - Collection of Residential Source-Separated Food Scraps (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 7 permitted and licensed transfer, composting, or processingf. acility. (c) The City of Maplewood Solid Waste Management Standards may allow for food scraps to be collected by the city's contract garbage hauler. Sec. 30-2Z4 - Collection of Recyclables from Multiple-Family Dwellings (a) Designated recyclables that are placed on the curb, alley, or designated collection area for collection must be in recycling carts or recycling dumpsters as prescribed by the City of Maplewood Solid Waste Management Standards. This will ensure that blowing away of recyclables does not occur, and recyclables remain as dry and clean as practicable. (b) When designated recyclables are placed at the curb, alley, or designated collection area 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-Uproved sub-contractor may collect and process recyclables set out for recyclables collection at the curb, alley, or collection area. (d) The recycling fee shall be invoiced to every multiple-family dwelling with water and sanitary sewer bills. The fee shall be due and payable the same terms as water and sanitary sewer bills. Teeye!Ales. (1) if the E)�,Nffier-of Et ffvalfiple family dwelling uses the > OF > > Ohie > fft t4e same leea4ien within a 12 mengi pefied; a fine of$500.00 for- the third offense or 8 Sec 30-25 - Collection of Recyclables from Commercial and Institutional BuildinLys (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 county policies 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. Sec. -23 _ Collection an Composting or Disposalr- Al of Vaa .7L .moi 30Z� ar- alley li+ie _fifflf ealleetia4fl- i4-;- ai: sta4e "pr-aj,,ed eawpastAle ar- paper- bags s*bjeet te speei nl affa ..4n n41. 41..E e 4y n +.4.-aeted gn.-ti age 4attler- a residential lot as long as the eampost pile does Hot er-ea4e a nttisanee faf neighbff-S "e - Campos! -piles mttst be plaeed a4 leas! five (5) feet ffem fear- and side yafd pr-epefty lines Sec-30 24--EelleE tir-,.o cop,,,-4e r,,mpostable N4 4o,-ials Sections 3 0-2 64- 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) Only the city-contracted garbage collector or their city-approved sub-contractor may collect and process garbage set out for collection at the curb or alleyline. ine. (ch) 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 the City of Maplewood Solid Waste Management Standards. (de) 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 9 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. (ed) 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. (fe) 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. (g 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. (hg) 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 �.,;ti,o,,t CuFh-S;ao C„»o,.ti-gg (a) The owner, operator or manager of any multiple-family property with more than four (4) units drat do not ha-,,e ettr-bside eell,e fier shall have garbage carts or dumpsters ivalef4 service from one a-commercial hauler licensed to do business in the city. The garbage carts or dumpsters shall be ^Feity of ane e4ie - *ra, 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. (c ) Multiple-family townhomes and manufactured homes properties that can have garbage collected curbside in carts can opt into the City's residential garbage program per the City of Maplewood Solid Waste Management Standards. 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 10 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 six the thfee (63) months &em the ,,,.,ettf A being deelafed "past E�de" by the abeve entity, the City of Maplewood shall deelafe aaftnetH4 elinqtt�. the garbage hauler en4itmy-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 F-a-mi " 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. Cn.n- � .. May Opt-in II Sections 30-529 - 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 path ,. liabi '*" 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 12 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, $1-5,000,000.00. (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 Cily recycling orag rbage program. ^ * ^^r* ^^*^a garbage sen,,tee. These prohibited mailings shall include those for advertising rates or services not available under the city's contract for recycling or 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 13 the next regular meeting of the city council for a hearing on whether the suspension 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 14 Attachment 2 City of Maplewood Solid Waste Management Standards * As Authorized by the 2020 Amendments to the City Solid Waste Management Ordinance (Chapter 30) Date une „ 2012 City of Maplewood Community Development Department 19029 County Road B East Maplewood, MN 55109 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 .............................................................98 Section 5. Residential Garbage Cart Collection by Garbage Hauler and Storage of Carts....................................................................................................................................10-9 Section 6. Maintenance of Wheeled Residential Garbage Carts ...............................11x-0 Section 7. Multiple-Family Solid Waste Standards.....................................................12x4 Section 8. Collection and Composting of Tree and Shrub Waste, Other Yard Waste, and Source Separated Compostable Materials..................................................................13x2 Section 9. Bulky Waste, Large Appliances and Electronic Waste ............................14 -2 SeotiRn 1A. HemeQwnerAsseeiatiens .........................................................................14U Section 104. Commercial Solid Waste Standards ..........................................................15x3 Section 112. Delinquent Accounts...................................................................................1645 Section 123. Resolution of Disputes................................................................................1745 Section 134. Reserved for Standard on Household Hazardous Waste.........................1746 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 r,.„„ s� _,,, Pate Page 1 Introduction The City of Maplewood has developed these standards as specific requirements for the storage, collection and transportation of res�l solid waste. The goals of these standards are to: Achieve a reduction in waste generated. ❖ 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_, seetions 30 , and 30 4TUT -„ These standards address: ❖ Residential +oEligible items to be included in the garbage; +oGarbage cart set out instructions; +oResident's garbage storage requirements; +oRecycling programs; +oBulky waste, yard waste and other waste collection and disposal requirements; +oMultiple-family and ,.,,r,,mef : ,' solid waste collection and disposal requirements; +oPayment of charges and delinquent fees; +oAdministrative fees; and +oOther collection system details that are part of the city's garbage collection system. ❖ Commercial o Commercial solid waste collection and disposal requirements. rune 41-, Date 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: 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. 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. City residential ­arbaw promram is the earbaze collection through the city-contracted zarbame hauler and any collection services outlined in the residential zarbaze contract. City residential recyclin,- prog-ram is the recyclable collection through the city-contracted recyclinm hauler and any collection services outlined in the residential recyclinm contract. 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. rune 41-, Date Page 2 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 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 ILLa means residential food waste and includes meal preparation and left over food ser-aps 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. Jane 41,3943Date Page 3 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 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 and coon law and 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. 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 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. rune 44, Date Page 4 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. 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 Solid Waste Guide)include: ❖ Mixed paper: Newspapers (including inserts), magazines,phone books, office and school papers,junk mail, box board such as snack and cereal boxes,pop/beer/water boxes, other fridge/freezer box board,paper egg cartons,pizza boxes, corrugated cardboard, shredded paper (bagged and sealed). ❖ Glass: Food and beverage containers including, glass jars and bottles. ❖ Plastic: Rigid food, beverage, and other household consumer product bottles and containers (e.g., tubs, bowls, cups, etc.) including packaging with plastics recycling symbols #l, 42, and 45 ,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 and aerosol cans, and other household scrap metal items (3 feet or smaller) such as pots, pans and silverware ❖ Milk cartons and iuice boxes. ❖ Linens: Including clothes and shoes,placed in a sturdy, sealed plastic bag. ,Mmedpopepi- > paper- phelle books, Offiee and pep�beer,44er-be*es, pizza be*es, eermgated ear-dbear-d, shredded paper-i1i Seale-, bags, egg after r,,ne I �Date Page 5 latffidfy > > baskets, plastie buekets and pails and elear-plastie take etA(elafn she!!) eentaifler-S. Aletak Bever-age, food and pet food eentainer-s ineluding alti i ' tim4ed steel •:—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 6-7 a.m. and 6-7 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 which is aproved by the city. The city shall notify the city-contracted recycling hauler. Walk up service will allow the customer to keep the recyclables at a back door or other 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. Resi o„*s e t4is sef-,Aee must apply fer- it using the "ReEluest fer- Walk Up Sef-,Aee" Appefidiii D ef th do nt r Section 3. Multiple-Family Recycling Program 3.1 Each owner of a building containing five (5) or more dwelling units are required to provide for recycling services for all units through the city residential recyclinprogram. R of a buildit, ......., five (5) or-mere d-welling units shall previde for-reeye!44.1 rvr-Arr-ciirrcr. 3.2 The ewi4er- of a mttltiple family d-welli-ffg shall make f:eeyeling set-�4ees available to t4e r,,ne I �Date Page 6 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 changes. per-Mim4eseta laws and r-egtilatiefis. 3.4-5 Recyclable materials are to be clean, and kept as dry as practicable between use by the resident and collection by the city-contracted recycling hauler. 3.5 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. ffiti. 3.6 Adequate containers shall be provided and maintained by the city-contracted recycling hauler e (b) E"i-pped witIi self elesiiig lids stieh that r-esidefits may easily plaee r-eeyelables in sem,0 0 a-Fe +ofnae—sing0 0 0 efnevifig ar-graffiti; r,,ne I �Date Page 7 3.6-7 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 Trans 1 Disposal. Upon ealleetion by the e4y's r-eeyeliag eantr-a6tEW EW the to dispose of desigii4ed r-eeyelables in a fni*ed fntmieipal solid waste disposal f4eility. The 3.83 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 Am4tial Repet4. Eaeh ewi4er- ei:manager- of a fntiltiple family dwelling�h4 does not. jai4tiafy 31 of eaeh year-. The r-epet4 fafm shall be provided by the eity (see Appei4di* F to . (b) Address of the tntiltiple family dwelling; (e) Ntifnber- of dwellin" (e) Copy of the e"e4iei4al i-afqr- red 44 Seetieii 3.6, above, with the fFe"eney r e e y e l iiig c e rrt-Fa Et e rs r,,ne I �Date Page 8 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.) • Self-haul to a city-qpproved environmentally secure location in accordance with state and county law and policies. 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. 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. rune 44, Date Page 9 (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 must be approved by the city. The city will notify the city-contractedag rbage hauler of the approval. for-iisiag the far-fn, "Re"est f-ef Evefy Othef Week Gafbage Removal" Appendix B of this deetrffleot. Approval or denial of the request shall be at the sole discretion of the city. 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 approved by the city. The city will notify the city-contractedag rbage hauler. , . Approval or denial of une ,'°"Date Page 10 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 which is approved by the city_. The city will notify the city-contracted garbage hauler. 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. Resideffts Fequesting t4is sep�,iee must apply for-it tising the"Re"est fef Walk Up SeFviee" Appendix D of+his ,a,.,.timer+. Approval or denial of the request shall be at the sole discretion of the LA Y- 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 front line 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 be collected by the city contractedag rbage hauler. re „ a+*he od r une ,'°"Date Page 11 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. 7.344.4 Multiple-family townhomes and manufactured home properties ueme ,.wtie,- 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 as long as they contract with one licensedag rbage hauler for garbage collection for all properties within the townhome or manufactured home property- rune 44, Date Page 12 7.44-0-.2 Multiple-family townhomes and manufactured home properties Nome ownef- asseeia-fiens-may apply to the city to opt in to the city-contractedargbage collection service by submitting the application form attached as Appendix EB to this document. 7.544.4 Multiple-family townhomes and manufactured home properties Home ownef- that opt into the cily residential garbage program sepAees-must continue to have city-contracted garbage services. - Section 8. Collection and Composting of Tree and Shrub Waste, Other Yard Waste, and Source Separated Food Scraps 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 rive 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. une ,'°"Date Page 13 8.4 Reserved for s-Source s-Separated food scraps9rga*ies program. 8.5 Reserved for standards relating to separation and collection of source separated--food scraps 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 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 on the next garbage collection day, or within one 1 week of a customer's request, whichever comes first. 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. CewimAN !111 HOMO CIIA ner Ass e-matman gL 4g_ une ,'°"Date Page 14 Section 104. Commercial Solid Waste Standards gt hp, 1t, the n, 4 e 1 104-.1 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 county policies regarding licensed disposal and processing, 10.2 A small business or church can opt into the City's residential recyclingprogram per the City of Maplewood Solid Waste Management Standards. btilk-y waste and et4er-items design4ed iii t4ese standards fFofn garbage, and shall i-astir-e t4e 11.2 Eaeh btisifiess or-eemmefeial pt:epet:of shall have weekly garbage "fH-pster or- e"ivalell "mpstef:s shall be w4er- tight a*d r-at and vefmiii -proof-. if garbage eafts are tised,-*ef:e shall be ade"4e eapaei-, ifi, size aflEtler--number- of eat4s to eeiitain all waste gefier-4 ly (b) Gar-bage shall be femoved 4 least onee weekly, and more e4efi, if garbage eaf:ts or- eeiweiiiefit f9f:building tenants to plaee r-eeyelables and for-hatfler-s to eel! ne I 1 '°"Date Page 15 program (see See. 2.2 above)tmiess t4e eity appr-eves a var-ianee ifi wr-iti-flg, 41 addi6 dispesed of as gafbage. pr-egi:afn may be een"eted by the ewiwf or-by the r-eeyelables hauler-. 10_34 Reserved for standards relating to separation and collection of yard waste at commercial properties. 10_45 Reserved for standards relating to separation and collection of organic waste at commercial properties. Section 121. Delinquent Accounts 1-21.1 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. 11-2.2 Tt�—St. Paul Regional Water ServicesA'4er ^„t4,f4y and adjacent cities, as applicable, are responsible for the collection of all fees associated with the City of Maplewood recycling program. T4w-St. Paul Regional Water Services Water ^„*h,,,4 , or the appropriate cities shall make good-faith efforts to collect all amounts due, including use of a collection agency. 11-2.3 Delinquent accounts shall be defined as those residents who have not paid and are over three (3) months past due. 11-2.4 If the .,w.,tint,.,,:,ides to delinquent accounts have not been paid within six (6) months, " by the abeve 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 ne I 1 '°"Date Page 16 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 123. Resolution of Disputes 1-32.1 If there is a dispute between the customer and the city-contracted garbage 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 wnl,mg, and shall eentain the fellewing 449r-matiew (a) Poe of t e dispt to• (b) Natur-e of 'i � ' ( it4 size, ehar-ges for-e*t+a garbage, missed sen4ee, ete.); (e) Any and all evidenee related to the dispute (photographs, neighbor's statefRefits, ete.); City Manage 1830 rte,,,,,,, Read a E„st Maplewood, N4N 55109 12-3.3-2 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 143. Reserved for Standard on Household Hazardous Waste ne I 1 '°"Date Page 17