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HomeMy WebLinkAboutCity Council Ordinance 1970-17I VILLAGE OF PLYMOUTH f ORDINANCE NO. 70-17 AN ORDINANCE TO REGULATE AND CONTROL THE DISPOSAL AND DUMPING OF REFUSE AND OTHER TRASH IN THE VILLAGE OF PLYMOUTH AND; PROVIDING PENALTIES FOR VIOLATION OF '�'FI-I ,4RD.INAI+ZC "r ADDING A NEW SECTION TO CHAPTER III AND AME'Np1NG CHAPTER V, SECTION 301 (e), AND CHAPTER V, SECTICiN THE VILLAGE COUNCIL OF THE VILLAGE OF PLYMOUTH DO HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter SII of the Village Code of the Village z of Plymouth is hereby amended by adding the following thereto as Section 20. "Section 20. Sanitary.Landfill - Licensing and Regulation. Section 20.01. Purpose. In the"normal course of living in an urban society,, SoTrd a products and materials are created - and accumulated and the need exists to provide for the dumping and disposal:" of said maste. products to- prevent the dumping of, =said products along roadwaj.S, tf: parer -and on lands owned'.by the village private private individuals within"the village, in"the lakes, rivers'; Or Creeks within the community: It, the pwrpose of,'this ordinance to create standards and re_nlations for the dispoaal of these wastes and to provide for their -dis- posal under strict, regulations and 'standards to prevent the, -establishment of publics or private nuisances. It is also the purp9se of this ordinance to recognize that areas available for sanitary landfill licenses are limited because of the necessity to protect neighborhoods and neighboring properties from ea4ce characteristics accompanying sanitary landfill opekatidne, s,danaer from fire, Coat o'f removal. of the nuisance;,, ,bur1h ng' Cir indznerati tg, a .r and water, pollution, and increased traffic problem$: It is, the intent of the Village council to, 'is Sue .licen$es only upon a finding that the issuance of such license will: not adversely affect the health, 'safety and general welfare of the community. section 20.02. Definitions. For the purpose of this ordinance certain words,an3 terms are defined as follows A;. Garbage - shall mean all animal and vegetable waste and all putresCiblcY matter. B. Refuse - shall mean all waste substances and materials, ' except 'garbage, C. sanitary Landfill - shall mean a type of operation in which refuge is dapo"si"ted"by plan on a specified portion of open l;ai4i and is compacted `by-' &orces applied by mechanicaal equipment and thein is ;covered by, i i yei of"earth, ashes, or suitable ver m% "ma 0-t tp the depth of at least two (2) feet. -� D. Governing Body - shall mean the Village Counci_ of the Village of Plymouth, Hennepin County, Minnesota. E. Enforcement Officer - shall mean any representative duly appointed by the Village Council of the Village of Plymouth. Section 20.03. Prohibition. No person shall cause or permit any garbage, +-in cans, paper, ashes, junk, or other trash or refuse of any kind to be dumped, thrown, scattered, or deposited on any land within the corporate limits of the Village of Plymouth nit licensed as a public dump or sanitary landfill operation by the village. Every person who shall have dumped, thrown, scattered, or deposited any garbage, tin cans, paper, ashes, junk, or other trash or refuse of any kind upon any land within the corporate limits of the village not licensed by the village shall immediately remove the same; each day that he shal fail to remove said items shall be deemed a separate offense. Section 20.04. License Required. It shall be unlawful for any person, firm, association, or corporation, or any combina- tion or combinations of the same, to use any land, peemises, or property within the village for a sanitary landfill without first making application for and securing a license to do so. Thi issuance of said license shall be for a period of one year, and shall be subject to renewal upon a determination by the Village Council that the licensee has complied with the terms of this ordinance. In addition the license shall be subject to and governed by the following provisions; A. The application for a license to operate sanitary landfill shall be filed with the Clerk -Administrator and shall contain a legal description and plat map of the land on which th disposal of refuse is proposed, a description of the sequence and plan of operation, availability of and equipment for water supply, type and capacity of equipment to be used for operation, plant for fire, nuisance, and rodent control, existing and proposed roadways and easements, existing topography and water courses, together with a diagram and written statement explainin the proposed location and extent of earth work and fill opera- tion, a finished topography map, estimated daily or weekly volume of recuse, facts which show that the public convenience, necessity, public health, and general welfare of the people of the Village of Plymouth will be served and such other informatio as may be required by the Village Council. Copies of the application shall be forwarded to the Planning Commission for its study and recommendation. B. The Planning Commission shall make a report within 30 days to the Council as to whether or not the granting of the license in the location described in the application would be a violation of the zoning regulations. The Planning Commission shall also report to the Village Council as to the effect of said sanitary landfill upon the character of the neighborhood, the traffic conditions, public utility facilities, and other matters pertaining to the general welfare, and shall advise the governing body as to whether public convenience and necessity require the granting of a license to the applicant. The Plannin Commission shall make findings relative to the application based on the following minimum standards hereby adopted to govern the location of sanitary landfill&: ti (1) The fill and trench area of any sanitary landfill shall be located at least 300 yards from any industrial or commercial Pt -2-' building and at least 500 yards from any l dwelling place. (2) The area shall be accessible to °y an all-weather road. t3) 'the s01.1 tYPe in the; area proposed for a 040 tary landfill shall nave good dri ai.nage characteristics and qhall",be generally ,free from rock foriaations witk in. four feet of the maximum Proposed cut or exc-a ati in. 1-0 Sanitary iandfill,s shall not be located in ravines or lower ;areas unless satisfactory drain ge controls are provided. (5) :.If. the proposed location is in close proximity to a river,"lake, or stream, .a sanitary .Landfill shall not be considered approp.*late unless there is a showingro .that p p er precautions wzll be taken to safeguard the water against contamination by the careless hAodling'of refuse or poor drainage. The applicant may be required t0 submit hydrologic and soil data demonstrating compliance wa�th the standardsaet Earth in this subsectioh,'and if deemed: necessary, theVillage Council may require a regular testing.-service,.at the app.licant's experser - to determine. that tie g-raund,r water ``sf `public waters . . will :not` be polluted-.- C . The Pl ann ng 0,emmiasion -shall. sub t t its ._repc�xt and rogxnmendait>ns'` stating whapproval y i t reommends' , ,reasons amendment or deniiio Arid shall "send a :copy to flys. applicant and to. any per'sQn., who; h'as requested, ''in' writisig, a hearing on the application. D. The Village, Cauncil shall. publish. notice of the hearing r 3 an the appli.oation upon receipt of the 'Planning;"Cox rml s."3c n sopor li and. reooimne�idatior�s oz,:. in the absence of such., report, at: the end of,4'S days following receipt.o# the applichtion. Such. nota ce ofaxig.":shall, establish �►" f3atet of hewing no loss , tha An days' f01,10*ing pnbllcat on. arc not mope tha : `30 clays , fa=x1'tiiaing �ub:l�cation. E -WAL ►tn.:, the thi'r.ty days fclloiv ng such. hearing, the applied for, as Village.,CQungU shall either,issua a license asthe:, Men- by agreement between the `a,�pIIC', ,and the Village Council, or shall deny the.apglicatian., I€ a license is approvedi it shall lie isreued Upon fixe payment at ark annual. fee .fpr f $ 00'0'0 . ' saa d f+ee "payable. to the village. upo#� Altdelivery by the .apphicant of .a ce�oh, or cort `in the a"Uh 6f.-'ts,600p0, aid cash ar. `cog>~ate`''bonc tE1 run to the Village of. Plymouth 0d to be condi ti�atied as f4lloWs (1) That the 116ensea, his agents.. aid servants, will damply: with all the, terms:,. Condita provisions;, requirements Aad specificat ons contained " in th3 s ordin'e�$, That. the licensee., his agents, and: servants, Willnave :the governing bady.from;any a*pease - incurred thrt u+ h the - sxlure :tire, iice�n'see hks ;" agents and servants, to operate or maintain the landfill as required by this ordinance, including any expenses the village may be put t.c, for correcting any condition or violation of this ordinance. Whenever the enforcement officer determines it is necessary to correct any unhealthy condition or conditions violating :his ordinance or from any damages growing out of the negligence of the li.:ensee or his agents or servants, the licensee shall voluntarily close the operation until said conditions are corrected. (3) Before acceptance, all bonds shall be approved by the Village Attorney. If a corporate bond is offered, it shall be executed by a surety or guaranty company qualified to transact business in the State of Minnesota. If a cash bond is offered, it shall be deposited with the village treasurer who shall give his official receipt therefor, reciting that said cash has been deposited in compliance with and subject to the provisions of this ordinance. Section 20.05. No Unlicensed Sanit,ary Liandfill Operations. No person shall permit the disposing ot any re use on any land in the village for the purpose of landfill unless the same is operated as a licensed sanitary landfill in accordance with this ordinance. Section 20.06. Sanitary Landfill Regulations. The following regulations shall be observed by any person, firm, or corporation to whom a license is issued by the Village Council for the operation of a sanitary landfill. These regulations shall govern all sanitary landfills and any failure to observe these regulations shall be sufficient grounds for the revocation of the license by the governing body: A. No garbage shall be deposited on a sanitary landfill si B. All refuse accepted by the landfill licensee shall be thoroughly compacted by equipment of a size and weight capable o producing a downward or ground pressure of at least five pounds per square inch. Such equipment shall have sufficient weight and capacity to carry out all necessary operations to the satisfaction of the enforcement officer. Sufficient auxiliary equipment shall be maintained on the site or otherwise be available to permit operation in case of a breakdown. C. Adequate numbers, types, and sizes of equipment shall be specified in the license for the operation of the sanitary landfill and shall also include fuel storage facilities. The equipment specified shall meet the performance requirements made necessary by the qualities of refuse expected, and shall be based on usual peak loads making provision for inclement weather at the landfill site. Provisions shall be made f maintenance of equipment at 4-1 repair or replacement so that be complied with at all times. or the routine operational e landfill site and for the prompt all conditions of the license will D. Refuse shall be spread out on the working face of the landfill so that the depth does not exceed a maximum depth of two (2) feet prior to its compaction. -4- t£ E. The fill area shall be continually policed to prevent fire and blowing of papers; shall be neat and sanitary at all times, and shall be covered at the end of each day's operation as well as when -wind conditions warrant throughout the day, with sufficient material to prevent blowing papers and unsightly { conditions. The size of the active face on which the refuse is being deposited shall be kept to a minimum relative to the quantity to be added each day. F. Cover material shall consist of earth, loom, clay, sand, „ or a mixture of at least fifty percent (50%) of other inert iP material, such as ashes, cinders, or gravel. A minimum depth of 12 inches of compacted cover and final spread cover shall be kept on all inactive faces of the landfill at all times. Th.- active faces of the landfill shall be covered at the end of g each days operation with a minimum of six inches of compacted & cover. A minimum of six inches of cover may be used on inactive =aces during winter months when temperatures are below freezing w upon concurrence by the inspector. Areas so covered shall be covered to the otherwise required depth as soon as practicable after thawing has commenced. �€ G. When the landfill has been brought up two feet below finished grade established by the license, it shall be covered 1 with at least twenty-four inches of compacted cover material, graded or seeded in such a manner as to prevent erosion. H. Where the "trench" system of sanitary landfill is used, successive parallel trenches must be at least two (2) feet apart.',I I. All refuse materials existing on the site at the time ' the license is issued, either in the form of an open dump or any j other form, shall be collected, compacted, and covered with i cover material at least one foot J depth if below the desired i finished grade, or with inert material at least two feet in depth at the finished grade. This cover operation shall be completed within fifteen working days after the issuance of a license for the sanitary landfill. All garbage existing on the f site at the time the license is issued shall be removed from the site. J. The licensee shall have an attendant on duty during all hours of operation. K. A suitable shelter and sanitary facilities shall be i provided for all personnel working o,. this site. Said shelter may be permanent or temporary in nature and shall provide safe drinking water, toilet, heat, and lighting facilities. If a shelter is to be constructed on the site for the housing of equipment, s- d struct-re shall be shown on the original plan ! presented with the application for the license. $i L. The licensee or operator shall erect a permanent fence j q in order to control blowing of paper and other materials from iIthe landfill. Said fence shall have one entrance gate { permitting access. If an attendant is not on duty, and during all days and hours operation is prohibited by this ordinance, the gate shall be locked. i ! M. The unloading of refuse shall be continually supervised and the unloading area shall be free from accumulations of waste or other debris and maintained in such a manner that vehicles shall have safe access to the disposal entrance at all times, '� -S- including during periods of adverse weather conditions. The un- loading of refuse shall be confined to an area which shall be covered at the close of each dayb operation. 11 N. Rummaging or scavenging may be allowed but materials so collected must be handled and 'stored under the direct super- vision of the licensee and in such manner as to .prevent rodent harborage and to permit operation of the landfill in accordance with the provisions of -this ordinance."` Salvage material must'be removed to a location at least 200 feet from :the warping surface. so as not to interfere with the required compacting and covering,. All salvage material must be completely removed from the site every twenty-four hours unless provision is made for temporary storage within an enclosed roofed and rat -proof structurd appioved by the enforcement officer. The Council may prohibit salvaging or scavenging as a condition of the licensing upon initial application or at later times as such restrictions appear necessary to assure proper operation of the area compatibl with the surrounding neighborhood. 0. Special provision shall be made for the 'disposal of large, heavy or bulky items which cannot be handled in a normal manner with other refuse. Such items shall be -free of garbage and only contain metals, plaster, concrete, rock, soil, and such matter. ,= P. No burning of any material deposited in the dump or landfill shall be allowed. Q. Adequate fire -fighting equipment shall be available at all times on the site. R. No fill shall be placed in stream beds or other areas where streams would be obstructed -or where erosion by the strewn would remove cover material. There shall be no seepage or drainage of any materials from the fill of such `a`nature-as-,.would constitute an odor nuisance, health hazard, or pollution of`any water course. S. The entire site, including the fill surface, shall`be graded and provided with sufficient drainage improvements to minimize runoff onto and into the fill area, to prevent erasion or washing of the cover, to drain the storm waters falling on the fill, and to prevent the collection of standing water on the site. The licensee shall construct diversion channels of adequate size and grade wherever storm water or irrigation water presents a threat to the disposal area. Thelicensee also shall level and grade all surfaces to a minimum slope of six inches in 100 feet, and a maximum slope of the sides of compacted fill, which shall not be greater than two feet horizontal to one foot vertical. There shall be no standing water on any of the areas that have been used for disposal for a period in excess of 12 hours after any one storm. T. The licensee shall provide an access road, approved by the enforcement officer, that is passable in all types of deathor to the landfill site. problems. The control of dust shall relate to roads as well as to dumping operations. V. Insects and rodents on the site shall be controlled and exterminated as directed by the enforcement officer. Monthly Y inspections by an inspection and rodent control firm may be required. The inspection firm shall be one which is mutually agreeable to the village and the licensee, and all costs of . inspection shall be borne by the licensee. If it is determined that rats or rodents are present in a sanitary landfill area and if the licensee does not exterminate such rats and rodents, the village, through its authorized agents, may enter the licensed premises, exterminate such rats or rodents and certify the cost thereof to the County Auditor of Hennepin County, Minnesota, for assessment by him against said licensed premises. W. The licensee shall cease operations and close the landfill between the hours of 8:00 ).m. and 6:00 a.m, and on Sundays and all legal holidays. X. The licensee shall sign an agreement before accepting his license, agreeing to correct any deficiencies found by the enforcement officer and agreeing to voluntarily close the sani- tary landfill upon a finding by the enforcement officer that the conditions of the license, or of this ordinance are not being complied with. Y. At the time the Village Council issues the license, the Council shall attach such other conditions to the license as are deemed necessary to protect the hea�lth,'safety, and general welfare of the community. Such conditions may include, but are not limited to, control of the persons authorized to deposit materials at the licensed landfill'°area, and such other special conditions as necessary relating to the prevention of water and air pollution, all nuisance controls and considerations for future use of the land. Section 20.07. Sign. Each sanitary landfill shall di a permanent sign cont n_ing the words "Approved Sanitary L Operated Under License No. Issued by the Village of Plymouth.." Section 20.08. Corrective Action. The enforcement officer appointed under the provisions of this ordinance shall be authorized to enter upon and make inspections of the sanitary landfill site at his discretion. He shall notify any licensee who is violating the provisions of this ordinance of the specific violatioii. If such violation is not corrected within twenty-four hours after notice in writing to the licensee by the enforcement officer, the governing body shall be notified and after a public hearing, the governing body may suspend or revoke any license for non-compliance or violation of the provisions of this ordinance. If the Village Council is of the opinion that the violation constitutes an immediate hazard to the public health, it may authorize the inspector to take corrective action if the licensee refuses to correct such violation within twenty -.four hours after notice in writing by the enforcing officer. The enforcing officer may utilize equipment and em- ployees of the licensee or equipment of the village to do such work as is neceIasary to correct such condition. Cost of such -7- correction shall be assessed against the licensee or his surety and they shall be required to pay all costs and expenses incurred by the village in correcting said conditions. Section 20.09. Revocation or.Sus ensign. Any license granted hereunder may a ievoked or suspended at any time for any failure to pay the license fee or the cost of correcting hazardous conditions as hereinbefore set, or whenever in the opinion of the Village Council the continuation of the landfill operation would endanger the health, welfare, or safety of the public; provided that no such license shall be revoked or sus- pended except for failure to pay the fee or correcting hazardous conditions, except after a public bearing before the Village Council after notice of said hearing and the purpose thereof sha have been sent to the licensee at least ten days prior to the date of said hearing, at which hearing any person interested in said landfill operation shall have the right to be heard. 1 Section 20.10. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for ary reason held invalid or unconstitutional by any court of com- petent jurisdiction, said portion shall be deemed a separate, distinct, and independent provision and such remaining portions or sections shall be and shall remain in full force and effect. Section 20.11. Inconsistency with Other Law. In the event that any of the provisions of this ordinance are or become inconsistent with state statutes, any of the regulations of the Minnesota Pollution Control Agency or the Metropolitan Council or with any ordinances or regulations of Hennepin County then in such event the more restrictive provisions applicable to sanitary landfill operations shall be applicable. Section 20.12. Penalty. Any person violating any of the provisions of this ordinance—dance shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not exceeding $300.00 and may also be punished by imprisonment not exceeding 90 days." Section II. Chapter V. Section 301 (e) of the Village Code of the Village of Plymouth is hereby amended as follows: "(e) The dumping of material for the purposes of landfill shall not be a violation of this section provided that a person engaged in such landfill operation shall have first received a perm*Y,71icense therefor from the Village Council e+erk, ursuanv to ti�3 a rovisi.ons of Chapter III. Ton 19., which perm t license shall a issued for a period of one year. sad-prev4e3ed-ft:rtker-theta-the-daMp�ng-ef-gerbetger-cen+bae� �e mater#ager-skeet-reekT-Mfre-�QtkT-e�eetr�ee:�-eercdt:it-e p�tnnla�ketg-ffxtetree-ehet��-e:et-be-permitted-ee-e:-petrt-ef-anek-�etnel- f���-epetett�are.i Section III. Chapter V., Section 301 (f) is amended as follows: "(f) Any area within the village which has been licensed as a public dump by the village shall not be subject to the -8- E4 13 J j provisionsof tions (d) and (f) above. s been licensed as a sat -9-