Mound City Code 490.00

Section 490 – WASTE DISPOSAL – PRE-COLLECTION PRACTICES

AND LICENSING OF HANDLERS

490.01 Definitions. Unless the context specifically indicates otherwise, the terms, phrases, and words used in this Section 490 shall have the following meanings:

Subd. 1. Air Contamination shall mean dust, fumes, mist, smoke, other particular matter, vapor, gas, malodorous substances, or any combination thereof.

Subd. 2. Air Pollution shall mean the presence in the outdoor atmosphere of one or more air contaminants in such quantities and duration as is or tends to be injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of like or property.

Subd. 3. Collector of Garbage and Refuse shall mean many person holding a valid City license, who shall offer to, or engage in, the collection of garbage and/or refuse.

Subd. 4. Commercial Establishment shall mean any premises where a commercial or industrial enterprise of any kind is conducted and shall include establishments of non-profit organizations where food is prepared or served or goods are sold.

Subd. 5. Emission shall mean the release into the outdoor atmosphere of air contaminants.

Subd. 6. Garbage shall mean animal and vegetable wastes resulting from the handling, preparation, processing, storage, serving and consumption of food and shall also include all other animal wastes.

Subd. 7. Incineration shall mean the process by which solid wastes are burned for the purpose of volume and weight reduction.

Subd. 8. Land Pollution shall mean the presence in or on the land of any solid waste in such quantity, of such nature and duration, and under such condition as will affect injuriously any public waters, create air contaminants, soil contaminants, or cause air pollution.

Subd. 9. Multiple Residence Units shall mean any building comprised of more than two dwelling units.

Subd. 10. Open Burning shall mean burning any matter whereby the resultant combustion products are emitted directly to the open atmosphere without passing through an adequate stack, duct, or chimney as established by the State Pollution Control Agency.

Subd. 11. Objectionable Odor shall mean any odor deemed objectionable when it constitutes a nuisance to a sampling of the people exposed to it and believing it to be objectionable in their usual places of occupancy.

Subd. 12. Person shall mean any individual, partnership, corporation, private or public organization, and any representative thereof.

Subd. 13. Putrescible Material shall mean solid waste capable of rotting and reaching a foul state of decay or decomposition.

Subd. 14. Refuse shall mean putrescible and nonputrescible solid wastes, except body wastes and garbage, including, but not limited to, rubbish, ashes, cans, plastic containers, paper, cardboard, glass, crockery, wood, yard clippings, leaves, Christmas trees, sold, soil, tires, rocks, household construction material, cement and cement products, bricks, household furniture and appliances, and any other household refuse or materials. The term refuse shall not include construction material or other waste or debris resulting from construction or reconstruction of buildings and other improvements or trees in excess of six (6) inches in diameter.

Subd. 15. Contagious Disease Refuse shall mean refuse such as, but not limited to, bedding, wearing apparel, or utensils from residential dwelling units or other buildings where highly infectious or contagious diseases are or have been present.

Subd. 16. Residential Dwelling Unit shall mean any single building consisting of two or less separate dwelling places with individual kitchen facilities for each. It also includes any boarding house in a residential district.

Subd. 17. Shall is mandatory.

Subd. 18. Sludge Waste shall mean inorganic waste in a semi-liquid state, excluding toxic or hazardous waste, but including waste from automobile wash racks, steam cleaning products, turbid waters from any source and similar non-noxious materials.

Subd. 19. Toxic and Hazardous Wastes shall mean waste material including, but not limited to, pesticides, acids, caustics, pathological waste, radioactive material, flammable or explosive material, and similar harmful chemicals and wastes which require special handling and must be disposed of in a manner to conserve the environment and protect the public health and safety.

490.05 Mandatory Pre-Collection Practices. The owner and/or occupant of any premises, business establishment, or industry shall be responsible for the confined storage of all solid waste accumulated at that premise, business establishment, or industry. Grass clippings, leaves, and other similar refuse shall be placed in bags or bundles not exceeding four (4) feet in any direction, securely fastened to avoid spillage and of a weight to permit handling by one person. Household appliances and furniture falling within the definition of refuse need not be so packaged. Refuse shall be deposited at one place on the owner's or possessor's property at ground level.

Subd. 1. Garbage. Garbage and similar putrescible waste shall have drained from it all free liquids and wrapped or bagged before deposited for collection.

(a) No explosive or highly inflammable material shall be so deposited, but shall be disposed of as directed by the Fire Chief at the expense of the owner or possessor thereof.

(b) Contagious disease refuse shall not be deposited for regular collection but shall be disposed of as directed by the sanitarian or health officer at the expense of the owner or possessor thereof.

Subd. 2. Containers to be Provided and Maintained in Sanitary Condition. Storage containers for garbage and refuse shall be provided by the owner, tenant, lessee, or occupant of the premises and so situated as to prevent overturning. Such containers shall be of durable, fire resistant, rust resistant, nonabsorbent, watertight, rodent proof, and cleanable material. Containers shall be of not more than 32 gallons capacity, maintained in a clean and sanitary condition and kept free from any substance which will attract or breed flies, mosquitoes, or other insects. Containers shall be equipped with tightly fitted covers and bails or handles to facilitate handling.

Subd. 3. Defective Containers. Whenever a container is in such condition as to permit insects, vermin, or rodents to enter, or has ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof, it shall be replaced or the defect corrected on or before the next collection day after notice has been served on the owner or possessor of the container. The collector shall notify the City Administrative Officer in writing on forms furnished by that office. One copy of the notice shall be affixed to the defective container and serve as notice to the owner or possessor that replacement or correction of the deficiency must be made on or before the next collection date.

Subd. 4. Multiple Residence Units Pre-Collection Storage. Multiple residential units shall either be equipped with refuse containers and refuse pickup service as herein provided or be equipped with a commercial incinerator complying with the requirements of the Minnesota Pollution Control Agency. Refuse containers provided as an alternative to or in addition to such incineration shall be at least one (1) cubic yard in capacity, shall be conveniently location in relationship to the residential units for which they are provided, shall be watertight and rodent proof with self-closing lids, and shall be kept in an enclosed structure concealing them from public view. Such structure shall have a raised concrete base or blacktopped base and shall be surrounded by a concrete or blacktop barrier curb. Such structure shall be maintained in a neat and orderly manner at all times. The refuse containers shall be located so that their contents are inaccessible to a point at least two (2) feet above the base of the container in the enclosing structure or as approved by the Zoning Administrator for screening of the container. The owner or operator of such multiple residential property shall provide for garbage pickup from such containers each day or as required to maintain containment of all debris. Refuse, debris, garbage, and other waste materials shall not be permitted to be accumulated in or near the enclosing structures except in the containers provided. There shall be daily clean-up in and around each such enclosing structure.

Subd. 5. Commercial and Industrial Pre-Collection Storage. The owner or occupant of any commercial or industrial establishment, or any other property which produces a large volume of garbage or refuse, or both, shall also comply with the provisions of Subdivision 4 of this Section.

490.10 State Air Pollution Rules Adopted by Reference. Rules APC 1-APC 32, inclusive, of the Minnesota Pollution Control Agency are hereby adopted by reference and shall be as effective as it recited in full. The City Clerk shall maintain on file three copies of said rules marked "Official Copy" for examination by the general public and shall furnish copies of this Section 490 and said rules and regulations at cost upon request.

490.15 General Prohibitions.

Subd. 1. No person shall dispose of within the territorial land or public water limits of the City any garbage, refuse, oils, bilge water, sludge waste, or toxic and hazardous waste except in the manner provided herein.

Subd. 2. No person shall discharge from any source whatsoever such quantities of air contaminants, smoke, or other material which causes injury, detriment, nuisance, or annoyance to a considerable number of persons or to the public or which endangers the comfort, repose, health, or safety of any such persons or the public or which causes or has a natural tendency to cause injury or damage to business or property.

Subd. 3. No person shall cause or permit the handling, use, transporting, or storage of any material in a manner which may allow avoidable amounts of particulate matter to become air-borne.

Subd. 4. No person shall incinerate, either privately or commercially, any combustible materials in other than incinerators approved by the Minnesota Pollution Control Agency.

Subd. 5. No person shall cause or allow the open burning of any sweeping, trash, lumber, leaves, grass, straw, paper, refuse, or other combustible materials, except as provided herein.

Subd. 6. No person shall cause to effuse, emit, or release into the atmosphere any pesticides containing DDT, DDD (TDE), aldrin, dieldrin, endrin, haptachlor or lindane.

Subd. 7. No person shall circumvent or use any devise which conceals or dilutes an emission of an air contaminant which will otherwise violate an air pollution regulation.

490.20 Official Fires. Open fires may be set in performance of official duty as a public officer if officially determined necessary to abate any of the following:

(a) For the abatement of a fire hazard which cannot be otherwise feasibly performed.

(b) For the instruction of public fire fighters or industrial employees under the supervision of the City Fire Chief.

(c) For the protection of public health or welfare.

(d) For the disposal of dangerous materials when no alternate means of disposition is reasonably available and the act deemed necessary for the well-being of the general public.

Such fires may be ignited by other than City officials or their authorized agents only after securing a permit issued by the City as provided in Subsection 235.27.

490.25 Licensing of Garbage and Refuse Collectors. No person shall engage in the business of garbage or refuse collection in the City without having first obtained a license therefor approved by the City Council.

Subd. 1. Any person desiring a license shall make application to the City Clerk. The application shall accurately state the following:

(a) Name of the owner of the collection service.

(b) The proposed charges for hauling garbage and refuse for each size container or other schedule of charges to be imposed by the applicant.

(c) The application shall include a description of services to be rendered and a schedule of pickups and proposed days of collection in different areas of the City.

(d) A description of each motor vehicle to be used for the service, including the license number thereof.

(e) The manner and kind of service proposed to be given the customers.

(f) Filing with the Clerk of the bidding dates and calendar periods for which services are rendered.

(g) A signed statement by the applicant that he or she will collect and dispose of all garbage and refuse as defined herein.

Subd. 2. License Fee. Each application shall be accompanied with the annual license fee as established in accordance with the provisions of Section 500 of the City Code, per company, for vehicles to be used in the City for garbage and refuse collection. Licenses shall be effective for one calendar year from March 1, except that if a portion of the license year has elapsed when the application is made, the license will be issued on a pro rata fee. In computing such fee, any unexpired fraction of a month shall be counted as one month. (ORD. 01-2001, 2/25/01)

Subd. 3. Insurance. No license shall be issued until the applicant files with the City Clerk a current policy of insurance covering all vehicles to be used by the applicant in conducting his business within the City. The minimum limits for such insurance are at least $100,000 for each person injured; at least $300,000 for each accident; at least $25,000 for property damage coverage. Such insurance shall be kept in force during the license period and shall provide for notification to the City prior to termination or cancellation of said insurance. Any license issued shall automatically be revoked at the time of expiration or cancellation of such insurance unless and until other insurance is provided.

Subd. 4. Performance Bond. Before a license is granted, the applicant shall furnish to the City and deposit with the City Clerk a certified performance bond in the sum of $1,000 to be conditioned upon the faithful performance by the licensee for all work entered into or contracted for by the licensee and further conditioned upon compliance with all the provisions and requirements of this ordinance and all applicable sanitary rules and regulations.

490.30 Collection Vehicles for Hauling Garbage and Refuse.

Subd. 1. General Conditions. All persons hauling or conveying garbage or refuse over the streets within the City shall use a vehicle so constructed or equipped with adequate accouterments and maintained so as to prevent the escape of offensive odors and any of its load from being blown, dropping, sifting, leaking, or other escaping therefrom. All such vehicles shall be kept in a clean and sanitary condition and as free from offensive odors as possible. Any vehicle customarily used for said purposes shall be thoroughly disinfected at least once each week unless the same has not been used since the last disinfection thereof. Each vehicle, so used, traversing City streets, licensed or not, shall be subject to inspection by the City at all reasonable times. Each vehicle shall be equipped with a broom and scoop for use in the immediate removal of any spillage. Any vehicle for which a City license is applied, or which is already licensed, shall have clearly painted in letters of no less than four (4) inches in height in a color visible both by day and by night, on the truck cab doors, the name of the applicant or licensee, the name of the owners, company, or corporation operating such truck, and their address and telephone number. The license issued shall be kept in the truck at all times.

Subd. 2. Operating Hours. Collection vehicles shall operate within the City and make residential collections only between the hours of 6:00 a.m. and 8:30 p.m. daily, except Sunday, on which day residential collection is banned. There shall be no restriction on hours or days for collection from commercial or industrial uses.

Subd. 3. Obligation of Licensed Collectors. A licensed collector shall diligently perform his or her obligation to the City and customers in the manner provided by this Section 490.

Subd. 4. No Vested Right. No person licensed pursuant to this Section 490 shall gain a vested right in said license. The City may, upon finding that public necessity requires, determined to establish another means of garbage or refuse collection.

490.35 Physical or Property Damage. Nothing in this Section 490 shall be construed to abridge, limit, impair, create, enlarge, or otherwise affect substantively or procedurally the right of any person to damages or other relief on account of injury to persons or property and to maintain any action or other appropriate proceeding therefor.