REFUSE

SECTION 6. GARBAGE COLLECTION AND DISPOSAL (Amended  9-9-92 #10)

SUBD. 1  Definitions of terms with regard to this Section.

A.   Additional Collection Services   All refuse collected in excess of the maximum volume allowed per single family residential unit.

B.   Commercial Establishment  Any premises where commercial or industrial enterprise of any kind is carried on, and shall include clubs, churches and establishments of nonprofit organizations where food is prepared or served or goods are sold,

C.      Compost  Organic material consisting of grass clippings. Leaves and garden debris, but excluding items described as “yard waste”.

D.      Construction Waste  All items usually and customarily used in the course of the construction of building, including but not limited to bricks, plaster, wood, metal, roofing materials, pipes, cement, rocks, stone, tile, all debris from demolished houses, buildings and other structures, sand, dirt, gravel and all related items.

E.      Container  A cylindrical receptacle made of metal or plastic used to contain refuse (commonly called a garbage can) and shall be a thirty gallon container unless adjusted to a larger size as provided for herein.

F.      Garbage Animal and vegetable waste, and other wastes or putrescible matter including but not limited to grease, wrappings, shells, grounds, bones, entrails, and similar materials resulting from the handling, preparation, cooking, service and consumption of food or related vegetable or animal substances.

G.     Garbage Collection Contractor  Any person, firm or entity whom the City of Silver Lake may from time to time contract for the collection of any of refuse subject to this ordinance.

H.      Human Waste   Any human or body waste, excretia or urine (except such items that may be attached to diapers, which shall be considered refuse),

I.         Light Commercial Establishment   Any commercial establishment which elects to be treated as a residential unit.  In the case of any premises being used as a triplex, fourplex, apartment, congregate housing or boarding house, each dwelling unit located upon the premises shall be treated as one single family residential unit for all purposes of this definition.

J.   Multiple Family Units  Any household where more than two families reside, particularly units which are divided into separate living units; for example triplexes, apartment buildings, congregate housing and boarding houses.

K.      Recyclables Any substance which is from time to time considered reusable by any form of recycling and for which the City of Silver Lake has established a recycling program, including but not limited to: Paper and newsprint, glass, plastic, aluminum cans, steel or tin cans, cardboard, or other material identified from time to time as capable of reuse by recycling, specifically excluding refuse, rubbish, garbage or compost.

L.        Refuse Solid wastes from residences and city offices or buildings that as a result of normal operation which includes garbage and rubbish, but excludes compost, yard waste, recyclables, construction waste, toxic and hazardous waste, and human waste.  Refuse further excludes industrial, commercial and agricultural waste.

M.     Rubbish Inorganic solid waste including both combustible and noncombustible wastes such as wood, bedding, crockery, and other nonreusable waste. Rubbish also includes non-recyclable types of paper, glass, cardboard, and metal, but specifically excludes construction waste.

N.      Single Family Residential Unit   Any premises or household consisting of a single family residing therein.  Duplexes shall be considered two single family residential units.

O.     Toxic or Hazardous Waste  Any waste that is defined by law, statute, ordinance or regulation as being hazardous or toxic and that requires special handling in its storage or disposition, or which is otherwise considered dangerous or harmful to human health or the environment. Such items shall include, but are not limited to: vehicle tires, gasoline, kerosene, fuel oil, benzene, lubricating oil, or similar petroleum products; solvents, paints, varnishes, thinners and similar or related products; acids and other corrosives, including vehicle batteries; toxic household cleaners and other chemicals; medical wastes and medical by-products such as blood, tissue, used bandages, syringes, compresses, bodily fluids or used surgical or treatment devises; toxic metals such as mercury including batteries; and any other item which may include as a part thereof any of the foregoing.

P.      White or Hard Goods    Large items, including refrigerators, stoves, dishwashers, washers and dryers, air conditioners, water heaters, carpeting and padding, mattresses, chairs, couches, tables and other such items which due to size require special handling, collection or disposal.

Q.     Volume Base     Refuse, garbage or rubbish collection, the maximum limit of any single family residential unit is permitted to dispose of under the basic set price.

R.      Yard Waste    Any vegetable substance resulting from tree or shrub clippings, stems, twigs, tree trunks, branches, Christmas trees, sod, and all other similar substances generated from yard maintenance or attendance, except those defined as “compost”.

SUBD. 2.  Restrictions

All Construction waste, human waste, toxic or hazardous waste, and yard waste shall be disposed of only in the manners as provided by law, and in no case shall any such items be disposed of as refuse.  The inclusion of any such items with refuse for collection as provided for herein is strictly prohibited and shall constitute a violation of this ordinance.  White or hard goods, compost and recyclables shall also be disposed of only as provided for in this ordinance and shall not be disposed of as refuse, except as permitted herein.  All refuse accumulated in the City of Silver Lake shall be collected, conveyed and disposed of only in the manners provided in this ordinance.

SUBD. 3. Hauler Permit Requirements

No person, firm or other legal entity whatsoever is authorized to collect, haul, convey, remove any refuse, garbage, rubbish, toxic or hazardous waste, white or hard goods, yard waste, compost, recyclables or similar items on a commercial basis unless such a person, firm or entity has received from the City of Silver Lake a permit therefor.  Bona fide construction contractors removing construction waste from construction sites shall not be required to obtain a permit , provided a valid building permit has been issued for construction upon the particular construction site the construction waste is removed from.  All persons, firms or entities seeking a permit shall submit to the City Clerk of the City of Silver Lake and application that shall provide the following information:

a. Name, full address with telephone number

b.  Description of the entity applying (individual, corporation, partnership, etc) and if not an individual the name and title of the principal operating officer of the enterprise.

c.  A description of the waste hauling activities to be engaged in by the person seeking the permit.

d.  Verification by the applicant of liability and workmen’s compensation insurance from an insurance carrier authorized to do business in Minnesota.

All persons to whom a permit is issued shall comply with the following general regulations:

a. Liability insurance in the sum of at least $300,000 per person and $500,000 per occurrence shall be maintained at all times by a responsible insurance carrier authorized to do business in the State of Minnesota.

b.  Workmen’s compensation insurance shall be maintained at all times for all employees required to be covered by Minnesota State Statutes.

c.  No vehicle of transport shall be operated within the City of Silver Lake for the purpose of collecting any type of waste with a gross weight in excess of 20,000 pounds or weight upon any axle in excess of 6,500 pounds.

d. The terms and provisions of this ordinance shall be complied with at all times, and all other city, county, state and federal ordinances, statutes, laws and regulations shall be strictly complied with.

e.  The City of Silver Lake retains the right to revoke any permit upon result of a breach of any provision of this ordinance.

SUBD. 4  City can  Enter into Contract s with Private Hauling Contractors

The City Council of the City of Silver Lake is authorized to contract with a garbage collection contractor for the hauling of refuse by written contract.  The selection of a garbage collection contractor to serve as hauler shall be done in the manner permitted by state law.  Within the limits of state law, the City Council shall have the power to enter into single or multiple contracts, if from time to time it appears appropriate to the City Council to do so.  The City Council is permitted to agree to such terms in any such contract as it deems in the best interest of the City of Silver Lake, subject to the provisions of this ordinance.

SUBD. 5  Residents must use Contractor with a Permit

The owner of a commercial establishment may dispose of all waste of any type provided such disposal complies with all ordinances, statutes, laws and regulations regarding disposal of waste;  and further provided that  if they use the services of a commercial hauler, such commercial hauler  has obtained a permit from the City of Silver Lake.  The owner of a commercial establishment may elect to have a commercial establishment treated as a light commercial establishment and upon such an election the premises shall be subject to the provisions regarding single family residential unit for the disposal of refuse.  All single family residential units (including light commercial) shall dispose of all refuse by use of the garbage collection contractor selected from time to time by the City of Silver Lake and according to all of the terms, provisions and conditions as provided for within this ordinance.

SUBD 6. Containers

All refuse accumulated on any premises within the City of Silver Lake shall be placed and maintained in containers, except that commercial establishments may use dumpsters or similar devices for the accumulation of refuse.  In no case shall refuse be stored in open piles, open boxes, or by any other method which permits access by vermin, allows the escape of odors, or is unsightly.  Containers shall be provided by the owner, tenant, lessee, or occupant of the premises. Containers shall be maintained in good, clean, neat and sanitary conditions at all times.  Containers shall be equipped with handles, tight-fitting covers, be water tight, and have a capacity of (30) gallons and the contents of any container shall not weigh more than (80) pounds.  The qualifications as to size of the container and the weight capacity of the container may be altered by agreement between the party responsible for the maintaining of the container and the party authorized to collect refuse in the City of Silver Lake, subject to the review of the reasonableness thereof by the City Council.  The City Council shall have the power by resolution to provide that containers provided by a contract hauler shall be used if the City should enter into a contract with a garbage collection contractor which contains a provision requiring the garbage collection contractor to provide containers.

SUBD. 7. Container Placement

Containers shall be placed for collection at one place on ground level on the property and conveniently accessible for the street or alley from which collection is made.   The City Council may, by resolution, require any container to be relocated at a specific location and to provide for flexibility in consideration of any hauling contract and the particular type of container which may be provided by the garbage collection contractor.

SUBD. 8.  Collection Scheduling.

The City Council shall from time to time establish the days and hours of collection of refuse and provide such notice of the same (or require the garbage collection contractor to do so) as the City Council deems reasonable notice to the residents of the City of Silver Lake.

SUBD 9. Billing (Amended December 7, 1992 #12)

The City Council may enter into a contract with a private hauler for the collection and disposal of garbage, refuse, waste and similar materials, and in such case such contract may provide for the hauler to bill collection fees directly to the owner.  In such a case the City shall have no responsibility to levy or collect such fees.  If a private contract calls for collection of fees by the private hauler, Subd’s 9 and 10 of this ordinance shall not apply to such a private contractor’s collections.

The City Clerk-Treasurer shall levy and collect all refuse collection fees by billing the owner of any property within the City.  The City Clerk-Treasurer may upon the express written consent of an owner bill the resident or occupant of the property and in that case the City Clerk-Treasurer shall bill such resident or occupant.  In no case however, shall such request by an owner absolve an owner from responsibility for the payment of for the charges of garbage and waste collection fees.  The specific charge for collection for each unit of collection shall be set from time to time by resolution of the City Council and shall be charged even if the services are not used upon the premises.   All charges shall be based upon volume, subject to a volume base, and the City Council shall impose charges for additional collection services all as mandated by state statute.  The council may offer senior citizen discounts.  Each single family residential unit of collection shall be limited to a single collection point for one premise.  In the case of any duplex or light commercial establishment which consists of multiple family residential units, each unit shall be considered separate for the purpose of collection and billing.  No rate increase shall be effective until thirty (30) days next following publication of the new rates in the official newspaper.  The City Clerk-Treasurer shall also give such other notices as the City Council may deem appropriate upon any rate being adjusted or changed.

SUBD. 10.  Delinquent Accounts.

The billing for collection of the disposal of garbage and refuse within the City of Silver Lake will be made on a periodic basis for such term (monthly, quarterly, etc.) as the City Council shall from time to time  determine by resolution, and any unpaid cost as of August 1^st of each year may be assessed against the lot so served for which the charge is unpaid and the manner as provided for as a special assessment.  Any payment which is delinquent for more than thirty (30) days shall include a penalty of 10% of the amount unpaid and shall bear interest at the rate of 8% per annum on the unpaid balance.  Any billing unpaid after thirty (30) days from the date the bill was sent by the City Clerk-Treasurer shall be considered an unpaid and delinquent bill.  On August 1^st of each year the City Clerk-Treasurer shall prepare an assessment roll and any delinquent and unpaid account, including the name and address of the owner and the amount unpaid.  Written notice shall be given to the owner of each respective property by United States Mail at least two weeks prior to the regular September meeting of the City Council that the City intends to assess said sums as a special assessment to be certified to the County Auditor and levied against the land and collected in the manner of taxes.  The City Clerk shall also give published notice in the official newspaper setting forth the City’s intention to place such assessment, including a list of the property addresses and amounts delinquent, together with a statement of the City’s intention of such assessment.

SUBD. 11 Recycling Programs:

The City Council shall have the power to establish and contract for recycling programs, subject to any state or federal regulations.  The owner of each property within the City of Silver Lake shall make all due effort to recycle any recyclable material which the City may from time to time arrange for collection.  Materials that the City arranges to have collected as recyclable shall be placed for collection at such times and places and manners as the City from time to time shall direct.  In no case shall the City Council be required to provide for the recycling of recyclables for which the City in unable in its judgement to secure an adequate collection arrangement or a market within the financial capabilities of the community.

SUBD. 12  Cleanup Programs or Cleanup Days

The City Council may from time to time establish special cleanup programs for the disposition of compost material, yard waste, white or hard goods, but in no case is the use of such programs required although they are encouraged.  The disposition of toxic and hazardous waste, white or hard goods, compost, recyclables, human waste, yard waste and construction waste, shall strictly comply with applicable city, county, state and federal ordinances, statutes, laws and regulations.

SUBD. 13  Repeal of Conflicting ordinances

All ordinances or portions thereof which are in conflict with this ordinance are expressly repealed.

SUBD. 14  Violations

Violation of this ordinance shall be considered a misdemeanor subject to the penalties imposed according to state statute for misdemeanor violations.  Each day or act of violation shall be considered a separate offense.