CITY OF COON RAPIDS, MINNESOTA
CHAPTER 8-200
WASTE COLLECTION AND RECYCLING

8-201 Purpose. City Council finds that the improper storage, collection, and disposal of waste and recyclable materials constitutes a public nuisance and a serious threat to the environment and public health. The Council therefore finds that the reasonable regulation of the storage, collection, and disposal of waste materials, and the encouragement of citizens to recycle waste materials to the extent possible, is necessary to provide for the public health, safety, and general welfare.

8-202 Definitions. For the purposes of this chapter, the following definitions will apply:

(1) “Authorized Recycling Program” means a program for the collection and recycling of recyclable materials which is instituted, sponsored, authorized, or controlled by the City of Coon Rapids.
(2) “Business” means any commercial, industrial, or institutional enterprise, except residential uses, including, but not limited to, offices, retail sales, wholesale sales, warehousing, restaurants, clubs, churches, and establishments of non-profit organizations where food is prepared or served or goods are sold.
(3) “Commercial Container” means any container intended for the collection of waste or recycling materials that exceeds 95 gallons in volume.
(4) “Director” means the City’s Director of Public Works or the Director’s duly authorized representative.
(5) “Garbage” means any organic refuse, animal or vegetable, resulting from the preparation, consumption, display, dealing in or storage of meat, fish, fowl, fruit, or vegetables, including the cans, containers or wrappers wasted along with such materials, but not including recyclable materials.
(6) “Licensed Hauler” means any person licensed by the City of Coon Rapids to perform the services of collecting and disposing of waste, recycling materials, or yard waste, and any person providing any such services as a subcontractor thereto.
(7) “Mixed Municipal Solid Waste” means garbage, refuse, and other solid waste from residential, commercial, industrial, and community activities that the generator of the waste aggregates for collection, but does not include automobile hulks, street sweepings, ash, construction debris, mining waste, sledges, tree and agricultural waste, tires, lead acid batteries, motor and vehicle fuels and filters, and other materials collected, processed, and disposed of as separate waste streams, but does include source-separated compostable materials.
(8) “Multi-unit Residential Use” means a residential structure, or group of residential structures under a single management, with five or more residential units.
(9) “Person” means an individual, firm, association, partnership, or corporation.
(10) “Recyclable Materials” means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals, automobile oil, and batteries. Refuse-derived fuel or other material that is destroyed by incineration is not a recyclable material.
(11) “Recycling” means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use.
(12) “Residential Container” means any container intended for the collection of waste or recycling materials that has a volume of 95 gallons or less.
(13) “Residential Household” means any attached or detached single, double, triple, or four unit dwellings and mobile homes.
(14) “Rubbish” means any solid wastes that are not garbage or recyclable materials.
(15) “Scavenging” means the unauthorized collection of recyclable materials that have been set out by the residents of the City specifically for participating in an authorized recycling program.
(16) “Source-separated compostable materials” means mixed municipal solid waste that is separated at the source by waste generators for the purpose of preparing it for use as compost, is collected separately from other mixed municipal solid waste, is comprised of food waste, fish and animal waste, plant materials, diapers, sanitary products, and paper that is not recyclable because the Director of the Office of Environmental Assistance has determined that no other person is willing to accept the paper for recycling, and is delivered to a facility to undergo controlled microbial degradation to yield a human-like product meeting the pollution control agencies’ Class I or Class II or equivalent compost standards and where process residues do not exceed 15% by weight of the total materials delivered to the facility.
(17) “Waste” means any discarded material including, but not limited to, garbage, rubbish, and recycling materials.
(18) “Yard Waste” means garden waste, leaves, lawn cuttings, weeds, shrub and tree waste, and prunings.

8-203 Unlawful Deposit. It is unlawful for any person to deposit garbage, rubbish, the body of a dead animal or any portions thereof, or other waste or recyclable materials in or upon any public highway, street, alley, public waters or ice thereon, public lands, or, without the consent of the owner, in or upon any private lands or water or ice thereon.

8-204 Collection Service Required.

(1) Unless otherwise exempt as provided in this Section, every residential household and every multi-unit residential use with centralized collection must engage a licensed hauler for the collection of mixed municipal solid waste and recyclable materials generated by that household or residential use.
(2) Unless otherwise exempt as provided in this Section, every business must engage a licensed hauler to provide for the collection of mixed municipal solid waste generated by the business and for the collection of such materials as required by law to be recycled by the business.
(3) A residential household or business may be exempted from the requirements of this Section upon demonstrating to the satisfaction of the City that environmentally sound alternative methods of collection will be used. Application for an exemption shall be made on forms provided by the City. The application shall be reviewed by the Director who will approve or deny the application and will notify the applicant in writing of the decision. Any applicant aggrieved by the decision of the Director may appeal that decision to the City Council. The request for an appeal must be in writing, specifically state the basis for the appeal, be signed by the applicant, and be received by the City within ten business days of the written notice. The City Council shall hear the appeal at its next regularly scheduled meeting that is held at least seven days after receipt of the appeal request.

8-205 Containers.

(1) Mixed municipal solid waste generated by residential households must be stored in residential containers that are water tight, have a tight fitting lid, are impervious to insects, rodents, birds, and other pests, and are not capable of absorbing moisture.
(2) Mixed municipal solid waste generated by businesses and multi-unit residential uses must be stored in commercial containers approved by the Director and which are water tight, have a tight fitting lid, are impervious to insects, rodents, birds, and other pests, and are not capable of absorbing moisture.
(3) Recyclable materials for all uses must be stored in containers approved by the Director. Containers for recyclable materials must be kept in good repair as to be able to adequately perform this intended purpose.
(4) Yard waste may be stored in plastic bags, tied in bundles, or stacked in a neat orderly manner. Yard waste must be prepared for collection in a manner required by the person’s licensed hauler.
(5) If, upon inspections, the Director determines that a container is in poor repair, corroded, or otherwise defective condition so as to not comply with requirements of this Section, the Director will notify the provider or user in writing to repair or replace the container. The notice must include the specific defect or deficiency and provide a compliance date. If the defect or deficiency is not corrected by the compliance date, the Director will condemn the container and affix thereto a tag indicating such condemnation. It is unlawful for any person to use a condemned container for the storage and collection of mixed municipal solid waste.

8-206 Location of Containers and Yard Waste.

(1) The outside location of residential containers for the storage of mixed municipal solid waste and recycling materials may be no closer to the street than the existing front yard setback of the residence.
(2) The location and screening of any commercial containers for the storage of mixed municipal solid waste and recycling materials must be approved in advance by the City and in accordance with land use regulations of Title 11.
(3) Yard waste must be stored in bags or containers, tied in bundles or stacked in a neat, orderly manner behind the existing front yard setback of any principle structure on the property.
(4) Residential containers for mixed municipal solid waste and recycling materials may be placed at the curb no sooner than 8:00 p.m. the day prior to collection. Such containers must be returned to their regular location no later than 10:00 p.m. on the day of collection.
(5) Yard waste generated by a residential household may be placed at the curb in an orderly manner no sooner than the day prior to collection unless otherwise authorized by the City in emergency situations.

8-207 Collection Fees. The fees for mixed municipal solid waste, recycling, and yard waste collection will comply with all State regulations and be paid to the licensed hauler by the owner, agent, occupant, or tenant of the premises from which such materials are collected and such fee shall be full compensation for the hauler’s services. If a tenant or occupant of the property fails to pay said expense, the owner will be liable to the licensed hauler. The licensed hauler may refuse to make collections from any premises when the hauler’s fees are not paid.

8-208 License Required. No person may operate a service for the collection and hauling of mixed municipal solid waste, recycling materials, or yard waste in the City without first obtaining and maintaining a license from the City except that no separate license is required for any person collecting recycling materials or yard waste as a subcontractor to a licensed hauler.

8-209 Application. Application for a hauler license must be made to the Director on forms designated from time to time by the City and will include, but not be limited to, the following information:

(1) The name, business address, and telephone number of the applicant.
(2) A list of the vehicles which the applicant proposes to use in the operation of the business in the City.
(3) Evidence satisfactory to the City of a current license issued by Anoka County.
(4) The method or methods of disposing of recyclable materials.
(5) The method or methods of disposing of yard waste, if applicable.
(6) The name, address, and telephone number of any person providing the collection and hauling of recyclable materials and/or yard waste if other than the applicant.
(7) Copies of the Minnesota State Inspections Certificates for each of the vehicles used in the business, including the vehicles used by any subcontractor or, if not subject to State inspection, evidence of satisfactory inspections by the City’s Department of Public Works.
(8) Certificates of insurance which provide evidence of compliance with the requirements of Section 8-210.
(9) Evidence satisfactory to the City of the surety bond required in Section 8-210(1).

8-210 Bond and Insurance.

(1) A licensed hauler must maintain at all times a surety bond in the penal sum of $3,000 conditioned that the licensed hauler will faithfully and continuously provide the collection services specified in the application, or as later modified by the City Council, and under the conditions imposed by the ordinances and the lawful orders, rules and regulations of the City.
(2) In addition, a licensed hauler must maintain at all times the following insurance policies issued by insurance companies authorized to do business in the State of Minnesota:

(a) Commercial general liability (CGL), and if necessary commercial umbrella insurance, with a limit of not less than $1,000,000 each occurrence. If such CGL insurance contains a general aggregate limit, the general aggregate limit shall be not less than $2,000,000 and the aggregate limit shall apply on a per project basis. The CGL insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury and contractually-assumed liability. Said policy shall provide that it may not be canceled by the insurer except on ten (10) days written notice to the City Clerk. If such insurance is canceled and the licensee fails to replace the same with another policy conforming to the provisions of this Chapter, said license shall be automatically suspended until such insurance is replaced. [Revised 5/17/05, Ordinance 1890]
(b) Automobile liability insurance, and if necessary, umbrella liability insurance, with a limit of not less than $1,000,000 for each accident. If such insurance contains a general aggregate limit, the general aggregate limit shall not be less than $2,000,000. The insurance shall cover liability arising out of any auto, including owned, hired, and non-owned auto.
(c) To the extent required by law, workers compensation coverage or evidence of qualification as self-insured of workers compensation.

(3) Failure to maintain the bond or any required insurance will be grounds for revocation of the license.
(4) The bond and any required insurance may be canceled only after ten days written notice to the Director of intent to cancel.
(5) If recycling services are to be performed by a person or entity other than the licensed hauler, the licensed hauler will provide written evidence satisfactory to the City that the licensed hauler’s bond and insurance will also apply to the recycling collector or shall supply a separate bond and insurance policy in the amount specified herein covering the recycling collector.
(6) A licensed hauler will defend and indemnify the City for all costs (including attorney’s fees) relating to any claims brought or filed against the City or any of its officers, employees, or agents for property damage, bodily injury, or death to any persons, including third persons, arising out of or relating to the licensed haulers operations under the City license.

8-211 License Fee. The annual fee for a hauler license will be established from time to time by ordinance of the City Council and must accompany the license application. [Revised 12/5/06, Ordinance 1938]

8-212 Issuance of License. Licenses will be issued by the Director unless the investigation indicates that the applicant does not meet the standards for a license under this Chapter in which case the Director will forward the application to the City Council for appropriate action.

8-213 Term of License. A hauler’s license will be effective from January 1st through December 31st of each year. The fee for an initial license issued after September 1st in any year will be one half of the annual license fee for that partial year.

8-214 Collection.

(1) Each licensed hauler, at a minimum, will offer its residential customers, including multi-unit residential uses with centralized collection, mixed municipal solid waste removal and recycling services in accordance with such rules and regulations as may be adopted from time to time by the City and kept on file in the office of the Director. Materials too large or numerous to be placed in the required containers may be placed in an orderly manner on the curb, provided that prior arrangements for the pickup have been made with the licensed hauler.
(2) Each licensed hauler must, at a minimum, offer its business customers mixed municipal solid waste removal, except for haulers who provide only recycling services for businesses.
(3) The methods of collection and the fees to be charged will be determined by each licensed hauler. At least once each license year the licensed hauler must notify each of its customers of the availability of the various services offered and the fees for each service.
(4) Each licensed hauler who provides recycling services must provide the Director with tonnage reports on the amount of recycling collected. The reports may be provided either monthly or quarterly. Monthly reports will be due by the 15th day of the next succeeding month. If reports are provided quarterly, the first quarter report due on or before April 15th, the second report on or before July 15th, the third report on or before October 15th, and the fourth report on or before January 15th in the next succeeding year.
(5) A licensed hauler may provide for the collection of yard waste. Any hauler providing such service must advise its customers at least annually of the requirements, schedules and fees established by the hauler for that collection. The hauler is responsible for the proper disposal of all yard waste it collects.
(6) All licensed haulers are responsible for the immediate clean up of any spills that may occur during the collection process.

8-215 Collection Schedules.

(1) Except as otherwise provided herein, the collection of mixed municipal solid waste and other waste materials, must be made at least weekly from residential households. Recycling materials must be collected at least every other week. Yard waste may be collected on a schedule determined by the licensed hauler. The collection of recyclable materials and yard waste must be made on the same day of the week as the collection of mixed municipal waste. [Revised 3/1/05, Ordinance 1877]
(2) Except as otherwise provided herein, the collection of mixed municipal solid waste, recyclable materials, and other waste from business and multi-unit residential uses with centralized collection must be made at least semi-weekly. The Director may, in writing, authorize less frequent collections based on a finding that a proposed collection schedule is adequate for a particular use. A hauler, at its option, may establish a less frequent schedule for the collection of recyclable materials from multi-unit residential uses provided that such materials are collected at least every other week.
(3) Collection of any nature within residential areas, including multi-unit residential uses and businesses where the collection containers are located within 750 feet of a residential structure, must be restricted to between the hours of 6:30 a.m. and 8:30 p.m. Monday through Saturday. The City may waive these requirements upon the City’s sole determination that an emergency exists.

8-216 Collection Vehicles. All vehicles used by a licensed hauler, any person operating as a subcontractor to a licensed hauler or any person who may not require a license under this Chapter must be so constructed and operated that the contents of the vehicle will not leak or spill therefrom. The vehicles must be kept clean and free from offensive odors and may not be allowed to stand on any public street or other public or semi-public place longer than reasonably necessary to make the collections. The vehicles must be so maintained that they do not leak oil or other fluids.

8-217 Policy Statement. Within 30 days after receiving a written request therefore from the City, a licensed hauler must provide the Director with a copy of the hauler’s policy statement relating to all services provided and the fees charged.

8-218 Violations. The Director will notify a licensed hauler of any violations of federal, state, or local laws and ordinances committed by the hauler or any subcontractor of the hauler. The notice must be in writing, specifically describe the violation or violations, provide a reasonable time for compliance, advise a hauler of its appeal rights, and be served on the hauler personally or by registered or certified mail.

8-219 Appeals. A licensed hauler may appeal a notice of violation to the City Council by filing a request to appeal with the Director within ten calendar days after the date of service of the notice. The appeal request must be in writing, specifically state the basis for the appeal, and be signed by the applicant. The Director will cause the appeal to be placed on the agenda at the next regular City Council meeting that is held at least ten calendar days after receipt of the request. The City Council may affirm, reject, or amend the Director’s notice.

8-220 Revocation or Non-renewal.

(1) The City Council may revoke or not renew any license issued pursuant to this Chapter for cause, including but not limited to, failure to comply with any violation notice or repeated violations of laws and ordinances.
(2) Before revocation or non-renewal, the licensed hauler will be provided with written notice, served personally or by registered or certified mail, specifically stating the nature of the charge or charges against the licensee and setting a hearing date before the City Council which date will not be less than ten calendar days after service of the notice. The licensee may appear at the hearing with or without counsel and may present such evidence and make such arguments as the Council deems appropriate. If Council determines to revoke the license, it must establish a reasonable effective date for the revocation taking into consideration the needs of the customers. The Council may also establish a time and such requirements under which a licensee whose license has been revoked or not renewed may apply for a new license.

8-221 Scavenging.

(1) The Director will maintain a list of approved items designated for recycling under the City’s authorized recycling program.
(2) Ownership of recyclable materials set out for the purpose of participating in an authorized recycling program remains with the person who set out the materials until removed by the authorized collector. Until the recyclable materials are removed by the authorized collector, the person who set out the materials is responsible for their proper preparation, handling and storage. Ownership and responsibility for the proper handling of the recyclable materials rests in the authorized collector upon removal by that collector.
(3) It is unlawful for any person who is not authorized by the City to take or collect or scavenge recyclable materials intended for an authorized collection program within the City. The first violation of this Section will constitute a petty misdemeanor. Any second or subsequent violation will be a misdemeanor.

8-222 Oil Recycling Depositories. City depositories for the collection of oil or recycling are available for the benefit of private individuals only and may not be used by any commercial enterprise. A commercial enterprise, or any person operating on behalf of a commercial enterprise, that deposits oil in a City depository is guilty of a misdemeanor.

8-223 Penalties. In addition to any other sanctions imposed by the City as authorized by this Chapter, any person who violates a provision of this Chapter is guilty of a misdemeanor unless otherwise stated. [Revised 7/16/02, Ordinance 1776]