§ 6-62. Licensing of solid waste collection and recycling collection facilities.
(a)
Definitions and interpretation. Unless specifically altered, terms and abbreviations used in this section shall be interpreted in a manner consistent with M.S.A., Chapters 115, 115A, 116, and 400. Terms and abbreviations used herein which are not specifically defined by law shall be construed in accordance with the context and professional usage.
Licensee means a person who has been issued a license by the city for recycling collection or solid waste collection purposes pursuant to this section.
Person means any human being, any municipality or other governmental or political subdivision or other public agency, any public or private corporation, any partnership, firm, association, or other legal representative of any of the foregoing, or any other legal entity.
Recyclable materials means materials that are separated from mixed municipal solid waste, by the generator for the purpose of recycling, including paper, plastic, glass, magazines, automobile oil, and batteries.
Recycling facility means a facility where recyclable materials are purchased from generators or collectors, processed for marketing or loaded into vehicles for transport to market.
Solid waste means garbage, refuse and other solid waste from residential, environmental, industrial, and community activities which is generated and collected in aggregate, but does not include automobile parts, street sweepings, ash, construction debris, mining waste, sludge, tree and agriculture wastes, trees, lead acid batteries, used oil, and other materials collected, processed, and disposed of in separate waste streams.
(b)
License requirements. No recycling or solid waste collecting facility shall be constructed, established, maintained, or operated (even temporarily from a truck or motor vehicle) unless the operator or owner thereof has first been issued therefore a license from the City of International Falls. The applicant shall meet all requirements for obtaining a license. The application shall include three sets of complete plans, specifications, design data and ultimate land use plans. The applicant shall procure a proper zoning permit to accompany the application if required by the city.
(1)
The city shall refuse to issue a license for any recycling or solid waste collection operation which does not comply with this section.
(2)
The city shall revoke a license for any recycling operation or solid waste collection which does not comply with this section and any applicable state and county laws, ordinances and rules.
(3)
Where the conditions imposed by any provision of this section are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this section, or any other applicable law, ordinance of rule, the provision which establishes the higher standards for the promotion of public health, safety, and general welfare shall prevail.
(4)
A record of every license issued for a recycling facility or solid waste collection shall be filed in the office of the city administrator.
(c)
License application requirements. Application for a license shall contain the following:
(1)
Location, size, and, ownership of land upon which the operation will be situated.
(2)
General description of property used in the immediate vicinity of the operation.
(3)
Complete construction plans and specifications and proposed operating procedures for the operation.
(4)
All common household recyclable materials must be accepted by any recycling facility.
(5)
A notarized affidavit stating that the applicable local governments have been given 30 days written notification of the pending application for a license.
(6)
A sign shall be posted on the premises indicating the name of the operation and the days and hours during which it is open to the public.
(7)
Sanitary facilities and shelter adequate for employees shall be provided on the premises or at a nearby site.
(8)
Records shall be maintained indicating the type and quantity of recyclable materials processed by the operation.
(9)
The operation shall be located, equipped, operated, and maintained in a manner which prevents the creation of a nuisance or unsanitary condition.
(10)
The premise entrances and exits shall be maintained in a clean, neat, and orderly manner at all times.
(d)
License fee and period. License fee per year is as established by the council by separate resolution. License period is January 1 through December 31 of each year.
(e)
Parking or storing of recycling solid waste collection vehicle or site. No person shall at any time park or store any recycling or solid waste collection vehicle or site on any premises zoned for use as a single or multiple residence dwelling, within 100 feet of any aforementioned premises, or within 200 feet of any food establishment, for purposes other than, or for periods inconsistent with, providing recycling or solid waste collection at said premises. No person shall at any time park or store any loaded or partially loaded recycling or solid waste collection vehicle or site on any premises within the city, except for the purpose of and for periods consistent with, providing recycling or solid waste collection at that parcel of property.
(f)
Location of temporary recycling centers. Temporary recycling centers may be located in public parking lots, commercially or industrially zoned parking lots, and in church, school or non-profit organization parking lots.
(Ord. No. 2, 3rd series, eff. 8-10-92)