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
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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.
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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
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building and at least 500 yards from any
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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
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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
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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
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in th3 s ordin'e�$,
That. the licensee., his agents, and: servants,
Willnave :the governing bady.from;any a*pease
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incurred thrt u+ h the - sxlure :tire, iice�n'see hks
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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.
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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.
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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.
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! 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,
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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
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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
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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.
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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
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j provisionsof
tions (d) and (f) above.
s been licensed as a sat
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