Garbage and Recycling
City of Lastrup
ORDINANCE # 106
Ordinance on mandatory separation of recyclable materials and mandatory collection and disposal of solid waste
An ordinance authorizing and providing for the City of Lastrup solid waste and recycling management, establishing powers and duties in the connection therewith, establishing standards for and regulating the collection of solid waste and recyclables within the City of Lastrup; embodying minimum standards and requirements established by the regulation of the Minnesota Pollution Control Agency and Morrison County; providing for enforcement of said requirements; requiring the mandatory separation of recyclable materials and the mandatory collection of solid waste; requiring the control of litter; and imposing penalties for failure to comply with these provisions; in the purpose and object to promote the health, welfare and safety of the public and protect resources of water, air and land pursuant to Minnesota statutes, Chapters 115, 116 and 400 and the Morrison County Solid Waste Ordinance.
SECTION I: DEFINITIONS
Subdivision 1: Household Hazardous waste includes household chemicals that have the potential to pollute the environment. The characteristics of the substances will be condiered hazardous if one or more of the following could occur: Catch fire; become acidic or caustic, toxic, long and short term from exposure; produces toxic leachate, explosive or reactive; potential to initiate fires.
Subdivision 2: “Industrial Waste” Waste that is generated by business or industry.
Subdivision 3: “Littering” is defined as the placing of refuse, debris, waste or similar material, hereafter referred to as litter materials, on properties, roadways and right-of-ways other than that owned by the owner or carrier of said litter, either by deliberate act or by being dropped or blown from a vehicle while being transported due to failure to take proper safeguards to prevent the same.
Subdivision 4: “Putrescible material or garbage” means solid waste which is capable of becoming rotten or which may reach foul state of decay or decomposition.
Subdivision 5: “Recyclables” Those materials named by resolution to be separated from the solid waste stream.
Subdivision 6: “Recycling Collection Point” The location that is designated by The City Council of Lastrup to be a voluntary recyclable drop-off place.
Subdivision 7: “Refuse” means putrescible and non-putrescible solid wastes, including, but not limited to garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, market and industrial solid wastes, and sewage treatment wastes which are in dry form.
Subdivision 8: “Residential Property” All occupied single family residence, multiple residential unit apartments, mobile homes, mobile home parks and residential nursing homes.
Subdivision 9: “Solid Waste” means garbage, refuse and other discarded materials resulting from industrial, residential uses, and community activities, but does not include earthen fill, boulders, rock and other materials normally handled in construction operations, animal waste used as fertilizer, any permitted material disposed of as soil amendment, solids or dissolved material in domestic sewage or other significant pollutants in water resources, such as silt, wastewater effluent, dissolved materials, suspended solids in irrigation return flows, or other water pollutants.
Subdivision 10: “Solid Waste Collection Service” means the collection and transporting of solid waste generated in LASTRUP by a Morrison County licensed hauling service contracted by the city.
Subdivision 11: “Toxic or Hazardous Wastes” means substances, weather in liquid, gaseous or solid form, which when collected, stored, transported, or disposed of may be acutely toxic to humans, or other animals, or plant life, or be directly damaging to property including, but not limited to, pesticides, acids, caustics, pathological wastes, radioactive materials, flammable or explosive materials, and similar noxious substances.
Subdivision 12: “White Goods” includes such household items as stoves, refrigerators, washers, dryers, hot water heaters, furnaces, air conditioners dish washers, and freezers. These items are excluded from the solid waste stream and cannot be landfilled.
Subdivision 13: “Yard Waste” includes leaves, trees (branches, twigs stumps, roots, trunks), garden waste and grass clippings. These items are excluded from the solid waste stream and cannot be landfilled.
SECTION 2: MANDATORY COLLECTION OF SOLID WASTE AND MANDATORY SEPERATION OF RECYCLABLES:
Commencing June 1, 1990 the occupants of each residence and residential unit to include, but not limited to: single family residence, multiple residence unit apartments, mobile homes, mobile home parks, and residential nursing homes shall participate in mandatory collection of garbage; and the mandatory separation of those recyclable materials designated by council resolution to be included as part of this ordinance.
Subdivision 1: All recyclable material shall be separated from other garbage and refuse and handled in the manner described in the resolution to be included as a part of this Ordinance.
Subdivision 2: All non-recyclable material (i.e. mixed municipal solid waste) shall be grouped together and placed in one or more containers provided by each residential unit, for mandatory collection by a Morrison County permitted and licensed solid waste collection service. Non-recyclable material shall be distinguished as being identical to the Minnesota Pollution Control Agency’s definition of solid waste refuse, putrescibles and garbage.
Subdivision 3: The power to establish levies and assessment fees to procure services for the City of Lastrup to ensure proper management of solid waste and recyclables through mandatory collection of solid waste and mandatory separation of recyclables, is authorized through this ordinance.
- The City of Lastrup will bill the residential property tenant. In the event that the tenant fails to pay for services the property owner will be assessed on the yearly property tax statement.
- A variable rate of household service fees will be described by resolution.
Subdivision 4: The solid waste collection service contracted by the City of Lastrup will be responsible for the collection and transportation of solid wste to the greater Morriosn Sanitary Landfill or to another Minnesota Pollution Control Agency permitted disposal site as directed by the Morrison County Solid Waste Management Plan.
Subdivision 5: The recycling collection point managed by the City of Lastrup will be responsible for the collection and disposal of the recyclable material.
Subdivision 6: Mixed municipal solid waste excludes tires, oil batteries, white goods, yard waste, household hazardous waste infectious waste, hazardous waste and industrial waste, as defined by the Minnesoat Pollution Control Agency (MPCA). It shall be illegal for any person to put the above items in containers used for collection of mixed municipal solid waste.
Subdivision 7: Materials ownership: All solid waste placed for collection shall be owned by, and be the responsibility of, the occupants of the residential properties (residents) until it is collected by the contractor. The recyclable materials become the property and responsibility of the City of Lastrup upon the acceptance and collection of said items at the recycling collection point. Theft of this property will be considered a misdemeanor.
Subdivision 8: The city has the power to name a party responsible for enforcement of this ordinance by resolution.
SECTION 3: LITTERING
In order to promote public safety, health, peace and welfare by regulating the hauling and transportation of garbage and other waste material, the City of Lastrup do ordain:
Subdivision 1: Is shall be unlawful for anyone to liter within the city limits of Lastrup and vehicles used to transport shall be loaded and moved in such a manner that said litter will not fall, leak or spill therefrom, and shall be covered to prevent the blowing of material. Wherespillage does occur, the material shall be picked up immediately by the transporter and returned to the vehicle and/or container, and the area properly cleaned.
Subdivision 2: All vehicles and containers used for the collection and transportation of toxic or hazardous wastes shall be durable, enclosed and leak proof and shall be constructed, loaded, moved and unloaded in a safe manner and in compliance with the applicable regulations of Federal, State and local governments and their regulatory agencies.
SECTION 5: MINIMUM STANDARDS:
Where the conditions imposed by any provisions of this Ordinance are either more restrictive or less restrictive, than comparable conditions imposed by any other provisions of this ordinance or any other applicable law, ordinance, rule and regulation, the provision which establishes the higher standards for the promotion and protection of the public, health, safety and general welfare shall prevail.
SECTION 6: EFFECTIVE DATE:
This ordinance shall be in full force and effect from and after its passage and publication according to law.
ADOPTED: MAY 9, 1990