Solid Waste Ordinance

Subd. 1. Purpose and Goals

  1. The purpose of this Section is to benefit the public health, safety and welfare of the residents of the city. This Section also provides for the orderly and efficient handling of Solid Waste within the city, and allows the city to provide quality Solid Waste management at an economical price.

Subd. 2. Definitions

The following terms, as used in this Section and Sections 10.02 and 10.03, shall have the meanings stated:

  1. A. “Backyard Compost Site” - A site that meets all the requirements of Subdivision 9 of this Section and that is used to compost food scraps, garden wastes, weeds, lawn cuttings, leaves and prunings from a single family or household, apartment buildings, or responsible tenant of the property.
  2. “Building Agent” - The material added to a compost system to provide structural support and prevent the settlement and compaction of the decomposing waste.
  3. “City Environmental Service Charge” or “CESC” means the city service charge established in Section 10.03.
  4. “Collection” - The aggregation of Solid Waste, Mixed Municipal Solid Waste, Commercial and Industrial Solid Waste, Construction and Demolition Debris Solid Waste, Yard Waste (together “Waste”), and Recyclable Materials from the place at which the Waste or Recyclable Materials are generated and includes all activities up to the time when the Waste or Recyclable Materials are delivered to a waste management or recycling facility.
  5. “Commercial or Industrial Establishment” - Any premises where a commercial, industrial, or institutional enterprise of any kind is carried on, and shall include restaurants, clubs, churches, and schools and other institutions.
  6. “Commercial and Industrial Solid Waste” -
    • Garbage, refuse, and other Solid Waste from Commercial or Industrial Establishments that the generator of the waste aggregates for collection.
    • Commercial and Industrial Solid Waste does not include tanning shavings, leather scraps and rubber and polyurethane composite leather-ware components, auto hulks, street sweepings, ash, construction and demolition debris, mining waste, sludge’s, tree waste, waste from agricultural activities, tires, lead acid batteries, motor and vehicle fluids and filters, and materials separated from solid waste by the generator that are separately collected and delivered for reuse in their original form or for use in a manufacturing process; but does not include source separated compostable materials.
  7. “Composting” - The controlled microbial degradation of organic waste to yield a humus-like product.
  8. “Construction and Demolition Debris Solid Waste” -
    • Solid Waste resulting from construction, remodeling, and repair of buildings, roads and other structures and from demolition of buildings, roads and other structures, except for materials from such activities that are or will be separated from Solid Waste by the generator, separately collected, and delivered for reuse in their original form or for use in a manufacturing process.
    • Construction and Demolition Debris Solid Waste does not include asbestos waste, lead paint or materials with lead paint, contaminated soils, or regulated hazardous waste.
    • Any Construction and Demolition Solid Waste contaminated with mixed municipal solid waste shall be considered Mixed Municipal Solid Waste.
  9. “Contaminated” - Not in its pure state; tainted, purified or polluted.
  10. “Hauler” - A company or person that owns, operates or leases vehicles for the purpose of collection, conveyance, and transportation of Commercial and Industrial Solid Waste and Construction and Demolition Debris Solid Waste for hire.
  11. “Inert Material” - The uncompostable material remaining in a compost system after decomposition. Inert material does not include soil particles or other naturally-occurring materials that may be found in the compost system.
  12. “Mixed Municipal Solid Waste” -
    • Garbage, refuse, and other Solid Waste that the generator of the waste aggregates for collection, except as provided in subsection (2) of this definition.
    • Mixed Municipal Solid Waste does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural wastes, tires, lead acid batteries, motor and vehicle fluids and filters, and other materials collected, processed, and disposed of as separate waste streams, but does include source-separated compostable materials.
  13. “Multiple Dwelling” - Any building used for residential purposes consisting of more than four dwelling units with individual kitchen facilities for each.
  14. “Recyclable Materials” - Materials such as office paper, newsprint, glass, bottles, jars, aluminum cans, tin cans, recyclable plastics and household-type batteries, or other materials designated for separate collection by the City Council.
  15. “Refuse” - Includes all drained organic material resulting from the preparation of food and spoiled or decayed food from any source, contaminated bottles, cans, glassware, paper or paper products, crockery, rags, discarded clothing, and other waste products, except human waste, compost materials, or waste resulting from building construction or demolition, except for recyclable material as designated by the City Council or marketable material.
  16. “Residential Dwelling” - Any single building consisting of one through four dwelling units with individual kitchen facilities for each.
  17. “Responsible Tenant” - Any occupant, tenant, owner, manager, operator or custodian of any Residential Dwelling or Multiple Dwelling, and any person owning or operating a Commercial or Industrial Establishment in the city.
  18. “Self Hauler” - A Commercial or Industrial Establishment that, using its own employees and its own equipment, collects and transports Commercial and Industrial Solid Waste and/or Construction and Demolition Debris Solid Waste that is generated by the Establishment for proper management.
  19. “Solid Waste” - Has the meaning given it in Minn. Statute § 116.06, Subd. 22, as amended.
  20. “Source Separation” - To divide or separate out from the main body, to make distinguishable from, to isolate, to seclude.
  21. “Yard Waste” - Garden wastes, leaves, lawn cuttings, weeds, shrub and tree waste, and prunings. Yard waste is a source separated compostable material.

Subd. 3. City Service; Residential Collection Requirements

  1. The city established and has for many years operated a City Mixed Municipal Solid Waste, Recyclable Materials and Yard Waste Collection Service (“City Service”) and all Responsible Tenants of Residential and Multiple Dwelling premises shall only dispose of Mixed Municipal Solid Waste via the City Service and shall not transport or dispose of Mixed Municipal Solid Waste by any other means. However, in unusual cases where the collection or disposal of Mixed Municipal Solid Waste by the City Service is impractical, or in cases where large quantities of excess volumes need to be disposed of, the owner or occupant of any Residential or Multiple Dwelling premises may, upon receiving written approval from the City Service, transport and dispose of such Mixed Municipal Solid Waste in each individual case pursuant to Federal, State, County, and Local permitted facilities. Said facilities shall be annually disclosed by the City of Red Wing and on file in the Public Works Department and Solid Waste Boiler Facility.

Subd. 4. Storage, Transportation and Disposal

  1. It is unlawful for any Responsible Tenant to store Mixed Municipal Solid Waste on Residential Dwelling premises for more than one week. All such storage shall be in plastic bags and placed in sealed containers with a capacity no greater than 48-gallon city-provided automated carts. These containers shall be maintained in a clean and sanitary condition. On at least a bimonthly basis, recyclable materials shall be set out for collection in containers approved by the city. Large articles of Mixed Municipal Solid Waste that do not fit in the container cannot be transported by the City Service. These items may be disposed of by the Responsible Tenant in a manner approved by the City Public Works Director. All Mixed Municipal Solid Waste set out for disposal by the Responsible Tenant shall be set out for disposal so that the following designated Recyclable Materials are separated from the Mixed Municipal Solid Waste except if employed in the disposal of other Mixed Municipal Solid Waste if the material has been contaminated:
    • Newsprint, magazines, office paper, cardboard.
    • Glass bottles, jars and other glass containers, separated by color (clear, green and brown).
    • Aluminum cans, tin cans, recyclable plastic - PET and HDPE plastic containers when readily identifiable as such by the presence of the triangular recycling symbol containing the numbers 1 or 2, and all plastic bottles and food containers containing the numbers 1 through 7.
  2. It is unlawful for any Responsible Tenant to store Mixed Municipal Solid Waste on multiple dwelling premises for more than one week. Such storage shall be in containers as for Residential Dwelling premises, except that so-called “dumpsters” with close-fitting covers may be substituted provided the Mixed Municipal Solid Waste is first placed in plastic bags. Collection of household refuse not capable of being recycled shall be one per week as designated by the City Council. Materials shall be placed at the curb for automated collection and recycling collection by the Responsible Tenant, unless otherwise approved by the Public Works Director. The outside location shall be determined as being readily accessible to the collection crew.
  3. It is unlawful for any person other than a Minnesota Pollution Control Agency-permitted solid waste facility to store putrescible Waste on Commercial or Industrial Establishment premises for more than 48 hours, or Waste of any type for more than one week, unless written approval is received from the city authorizing a longer storage period. Commercial or Industrial Establishments that regularly generate significant amounts of putrescible Waste may, in the alternative, satisfy the 48-hour requirement by obtaining collection service on Monday, Wednesday and Friday of each week. Such storage shall be in containers as for Residential Dwelling premises, except that so-called “dumpsters” with close-fitting covers may be substituted provided the Mixed Municipal Solid Waste is first placed in plastic bags.
  4. The city shall provide for collection and disposal of all Mixed Municipal Solid Waste, Recyclable Materials and Yard Waste in a sanitary manner to insure the health, safety and general welfare of its residents, and shall set all fees and charges in relation thereto, under such terms and conditions as the city may, from time to time, deem appropriate. The city may collect such fees and charges in a civil action or, in the alternative and at the option of the city, as provided in Section 3.04, Subdivision 5, of the Red Wing City Code. The city shall provide for the collection of designated Recyclable Materials once per week from Residential Dwellings. This collection day shall be the same day as the scheduled collection day of Mixed Municipal Solid Waste. Responsible Tenants of Residential Dwellings shall set out designated Recyclable and Refuse Materials in approved containers at curbside locations prior to 6 a.m. of the scheduled day of collection. Multiple Dwelling and Commercial or Industrial Establishment Responsible Tenants shall set out designated Recyclable Materials prior to 6 a.m. of the scheduled day of collection in approved containers in locations determined as being readily accessible to the Recyclable Materials collector. Preparation of designated Recyclable Materials by the Responsible Tenant shall be as follows:
    • Recycling shall be done utilizing the three (3) commodity five (5) sort method. Commodities shall be glass, fiber, and containers, including plastic, aluminum, and tin. Glass bottles, jars, aluminum and tin cans, and recyclable plastics shall be cleaned, rinsed, and placed in separate paper bags.
    • Glass commodities shall be separated by color within this commodity. Clear, brown, and green/blue bottles and jars shall be the required sort method and deposited in proper containers. No window glass, lightbulbs, or ceramic glass will be accepted. All caps and lids shall be removed.
    • All fiber products listed herein are to be combined as one recycling commodity. Newsprint, magazines, catalogs, glossy paper, and office paper shall be bundled and tied or placed in grocery-size paper bags. Inserts are acceptable with newspapers. Colored paper and envelopes can be included, also. All papers must be kept dry. Cardboard and boxes shall be “flattened” and tied in three-foot sections for collection. Large volumes of cardboard are to be taken to the Red Wing Waste-to-Energy Facility or Goodhue County drop-off collection sites. Cereal, Kleenex, and similar box materials are acceptable. No waxed cardboard is permitted. When bagged, paper bags shall be used.
    • Plastic, tin and aluminum can be combined as one recycling commodity. Food and beverage cans are accepted. Aluminum and tin cans shall be placed in the same bags. All labels shall be removed. All plastic bottles and food containers are acceptable (numbered 1 through 7). All containers shall be clean. No plastic swimming pools, tricycles, toys or similar types of materials are accepted. Remove all caps and lids. No plastic bags or Styrofoam are accepted. Paper bags shall be used when bagging these items.
    • No textiles or garments shall be placed out for recycling collection by the city. All wearable and clean clothing are accepted by the Goodhue County Recycling Center. These shall be placed in plastic bags to keep dry and clean.
    • City Council can by resolution amend or expand preparation requirements.
  5. Anti-Scavenging Clause. Ownership of the Mixed Municipal Solid Waste or designated Recyclable Materials set out for collection shall be vested in the collector and transporter of Mixed Municipal Solid Waste or Recyclable Materials as designated by the Red Wing City Council. It shall be unlawful and an offense against this Section for any person other than City Service or licensed Hauler to pick up said materials.
  6. It is unlawful to store organic Waste unless it is drained, wrapped, and/or stored in a leak-resistant container.

Subd. 5. Deposit

  1. It is unlawful for any person to deposit any nonrecyclable material, Waste, garbage, rubbish, offal, or the body of a dead animal, in any place other than an approved container for collection or Waste management facility as permitted by the Minnesota Pollution Control Agency, or other similar state or federal permitting authority.

Subd. 6. Fire Danger

  1. It is unlawful for any person to store, deposit or dispose of any Waste which is in flames or heated to the point where it could cause danger of fire in other Waste.

Subd. 7. Spring and Fall Cleanup

  1. Spring and Fall Collection. Notwithstanding any other provision of this Section, in order to facilitate the spring and fall cleanup, Responsible Tenants may, during the calendar week prior to the designated spring and fall cleanup, as scheduled for the various areas of the city by the Public Works Director, deposit for collection Yard Waste in bags, or other manner approved by the Public Works Director, on the street in front of and abutting their premises. Fees for collection of Yard Waste shall be in accordance with such fees as set by resolution of the City Council.

Subd. 8. Special Waste Collection and Disposal

  1. The City Service can provide a separate collection and disposal of various problem materials not collected as part of the weekly collection service. This includes nonhazardous wastes from Residential and Multiple Dwellings, and Commercial or Industrial Establishments. Arrangement of special collection for disposal of specific Wastes or Recyclable Materials must be addressed in each individual case pursuant to permission applied to and granted by the City Public Works Director, and under his or her direction. Management of all such Waste and Recyclable Materials must be at State, County, and Local permitted facilities.

    However, in cases where the collection of special waste by the City Service is impractical, unavailable, or contracted through others, the owner of the special waste may transport and dispose of such waste in each individual case pursuant to Federal, State, County, and Local permitted methods and facilities. Said methods and facilities shall be annually disclosed by the City of Red Wing and on file in the Public Works Department and Solid Waste Boiler Facility.

Subd. 9. Compost Sites and Facilities

  1. All Backyard Compost Sites shall be constructed and operated in accordance with the following standards:
    • Location. The compost site shall be located only in backyards, shall be a minimum of four feet from any lot line and shall be screened from view of the public right-of-way. No responsible tenant shall operate more than one backyard compost site.
    • Area Specifications. The compost site shall be no greater than ten (10) feet in diameter and five (5) feet in height. All compost sites shall be fenced or enclosed on at least three (3) sides to prevent scattering of compost material unless the dimension standards are varied by permit of the city.
    • Composition and Operation. Backyard compost sites must be managed in a nuisance-free condition to prevent odor and the stockpiling of material that does not readily decompose within a calendar year, including but not limited to refuse, fibrous material and prunings. To prevent the attraction of rodents and other animals, no meat, bones, grease, whole eggs, or dairy products shall be added to compost sites. The pile must be turned regularly and all inert material must be removed from compost sites at least once every six (6) months.
  2. Any compost site other than a backyard compost site as defined in this ordinance must be licensed and constructed in accordance with both the Goodhue County Waste Management Ordinance and any rules and regulations adopted by the City of Red Wing.

Subd. 10. Violations

  1. Any person who violates or fails, neglects or refuses to comply with the provisions of this Section shall be guilty of a misdemeanor and upon conviction thereof shall be punished therefor as provided by Minnesota Statutes. A separate offense shall be deemed committed upon each separate day during or which a violation occurs or continues.
  2. This Section, in addition to other remedies, may be enforced by injunction, action or compel performance or other appropriate remedies in District Court to prevent, restrain, correct or abate violations.

SEC. 10.02. COLLECTION OF COMMERCIAL AND INDUSTRIAL SOLID WASTE, AND CONSTRUCTION AND DEMOLITION DEBRIS SOLID WASTE

Subd. 1. Purpose and Goals

  1. The purpose of this section is to benefit the public health, safety and welfare of the residents and commercial and industrial establishments of the city and to protect the environment. This section also provides for the orderly and efficient handling of Solid Waste within the city, and allows the city to provide quality Solid Waste management at an economical price, while at the same time seeking to achieve State of Minnesota Solid Waste management policies and goals as outlined in the Minnesota Waste Management Act (Minn. Statute Chap. 115A).

Subd. 2. Collection of Commercial and Industrial Solid Waste, and Construction and Demolition Debris Solid Waste

  1. In furtherance of the city’s goals of protecting the health, safety and welfare of the community, the city has added collection of Commercial and Industrial Solid Waste and Construction and Demolition Debris Solid Waste to its City Service.

Subd. 3. City Services Contract Haulers

  1. The city may contract with Haulers to assist in providing the City Service collection services identified in Subdivision 3 of this Section. The city may enter into such collection service contracts after issuing a Request for Proposals from Haulers interested in contracting with the city to perform such services. The city shall bill all Commercial and Industrial Establishments for services provided by the City Service according to the procedures in Section 10.01, Subdivision 4.D. Haulers under contract to the City Service shall be paid using City Service revenues.

Subd. 4. Collection Licenses

  1. Collection License Required. No person shall engage in the Collection of Solid Waste within the city unless such person shall first secure from the city a license to do so and pay the license fee prescribed in this Section. Pursuant to Subdivision 3 of Section 10.01, collection licenses shall not be issued for collection of Mixed Municipal Solid Waste from Residential and Multiple Dwellings. Further, the city has no obligation to issue or renew a collection license.
  2. Application. Eligible Haulers shall make application to the city on a form prepared by the City Clerk. The application shall accurately state:
    • The name, address and contact information of the owner or licensee.
    • A description of the kind of service to be rendered.
    • A description of each motor vehicle to be used for collection, including the license number thereof.
    • The manner and kind of service proposed to be given, the types of customers and scheduled pick ups.
    • The collection area to be served.
  3. Insurance. No such license shall be issued until the applicant files with the City Clerk a Certificate of Insurance issued by an insurance company licensed to do business in the state covering all vehicles to be used by the applicant in the business. The minimum limits of coverage for such insurance shall be as follows: Such policy shall be an umbrella or all-perils policy in the minimum amount of $1,000,000. Such insurance shall be kept in force during the term of the license and shall provide for notification of the city prior to termination or cancellation. Any license issued under this section shall automatically be revoked upon notice of termination or cancellation of such insurance and shall remain revoked until, and unless, other insurance is provided as required in this section.
  4. Fee; Term. The annual license fee shall be as duly set by the City Council by resolution. Unless otherwise provided by resolution of the City Council, such licenses shall expire December 31 of each year.
  5. Vehicles. All vehicles of licensees under this section shall be operated in accordance with the following regulations:
    • Each collection vehicle shall be marked on the outside so as to identify the licensee. Every vehicle used for hauling Solid Waste shall be covered, leakproof, durable, and of easily cleanable construction. Every vehicle used for hauling Solid Waste shall be sufficiently airtight so as to prevent unreasonable quantities of dust, paper, or other collected materials to escape. Every vehicle shall be kept clean to prevent nuisances, pollution or insect breeding, and shall be maintained in good repair.
  6. Collection Prohibited During Certain Hours. No collection of Solid Waste shall take place before 5 a.m. or after 7 p.m. of any day. Deviations from this requirement may occur only upon the written approval of the city.
  7. Weight or Volume-Based Pricing. Collection licensees shall impose charges for collection of Commercial and Industrial Solid Waste and Construction and Demolition Debris Solid Waste that increase with the weight or volume of waste collected.
  8. Report Required. By January 31 of each year, each licensed collector shall provide to the city, in a form provided by the City Clerk, a report regarding collection services provided within the city including, but not limited to, information regarding: amounts of Solid Waste collected; types of Solid Waste collected; description of the types of Solid Waste generators served; and description of where such Solid Wastes were disposed of, recycled, or otherwise managed.
  9. Self Haulers. Self Haulers shall annually register with the city on a form provided by the City Clerk, and shall submit to the city an annual report similar to that in Section 10.02, Subd. 4H above, in a form provided by the City Clerk.

Subd. 5. Recycling Required

  1. Responsible Tenants at Commercial and Industrial Establishments are hereby required to conduct recycling activities for Commercial and Industrial Solid Waste and Construction and Demolition Debris Solid Waste at their premises to assist the city in meeting a goal of fifty % (50%) recycling of all Solid Waste generated in the city by January 1, 2008.

    The city also hereby establishes a goal for recycling fifty % (50%) of Construction and Demolition Debris Solid Waste generated in the city by January 1, 2008, and recycling ninety % (90%) of Construction and Demolition Debris Solid Waste by 2014. Further, city contracts with Haulers shall require the Hauler to offer recycling services to all of the Commercial and Industrial Establishments serviced by the Hauler.

Subd. 6. Violations

  1. Any person who violates or fails, neglects or refuses to comply with the provisions of this Section shall be guilty of a misdemeanor and upon conviction thereof shall be punished therefor as provided by Minnesota Statutes. A separate offense shall be deemed committed upon each separate day during or which a violation occurs or continues.
  2. This Section, in addition to other remedies, may be enforced by injunction, action to compel performance or other appropriate remedies in District Court to prevent, restrain, correct or abate violations.

Subd. 7. License Revocation or Suspension

  1. The City Council may revoke or suspend, for a period not to exceed sixty days, a license granted under the provisions of this Section 10.02, or impose a civil fine not to exceed $2,000, for each violation on a finding that the licensee has failed to comply with a statute, regulation or provision of the City Code relating to Solid Waste management. The Council may revoke the license upon conviction of any licensee or agent or employee of a licensee for violating any law relating to Solid Waste management. If it shall be made to appear at the hearing thereon that such violation was not willful, the Council may order suspension, provided that revocation shall be ordered upon the third such violation or offense. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing before the Council, a committee of the Council, or a hearing under the Administrative Procedures Act, as may be determined by the Council in action calling the hearing. Such hearing shall be called by the Council upon written notice to the licensee served in person or by certified mail not less than fifteen nor more than thirty days prior to the hearing date, stating the time, place and purpose thereof.

SEC. 10.03. CITY ENVIRONMENTAL SERVICE CHARGE

The following provisions are enacted pursuant to Section 8.04 of the Red Wing City Charter, which authorizes the city to create and to impose service charges within the city’s jurisdiction for Solid Waste management and related services.

Subd. 1. Purpose

  1. The purpose of this Section is to establish a City Environmental Service Charge (CESC) to fund city solid waste management and related environmental protection services intended to protect the public health and welfare and the environment pursuant to State mandates governing solid waste management and environmental protection.

Subd. 2. General Provisions

  1. The CESC is imposed upon Responsible Tenants that generate Mixed Municipal Solid Waste for Solid Waste management and related environmental protection services provided within the city. Responsible Tenants that generate Mixed Municipal Solid Waste shall pay the CESC imposed in the manner set forth herein in amounts as established by the City Council. CESC rates shall be just and reasonable. A copy of the current rate schedule shall be kept on file in the office of the City Clerk. In establishing or revising the rate schedule, the City Council may take into account all factors relevant to Solid Waste management and related environmental protection programs. Such factors include but are not limited to: the character, kind and quality of service and of Solid Waste; the method of disposition; and all other factors that enter into the cost of providing citywide solid waste programs including, but not limited to, depreciation and payment of principal and interest on money borrowed by the city for the acquisition and betterment of Solid Waste management facilities; public education; recycling programs; household hazardous waste management; Solid Waste management facility operating costs; and related environmental protection programs of the city.
  2. The City Council shall act to establish and adjust the amount or rates of the CESC by resolution and shall state the effective date of the amount or rates of the CESC.
  3. A Guidance Document approved by the City Council and revised to meet the solid waste management needs of the City of Red Wing shall be incorporated into Chapter 10 for administration and standardization of the application of the CESC and reporting by all affected parties, licensed haulers, and responsible tenants.

Subd. 3. Hauler-Collected Service Charge and Remittance

  1. As a condition of maintaining its License, each Hauler shall bill the CESC to and collect the CESC from all Responsible Tenants from whom they collect Mixed Municipal Solid Waste, according to the rates and provisions established herein. The city shall bill Self-Haulers for the CESC.
  2. The hauler must collect and remit the CESC beginning May 1, 2007, notwithstanding the fact that the Hauler may have billed or invoiced prior to May 1, 2007. Each Hauler shall make reasonable efforts to collect the CESC.
  3. The CESC is imposed on the amount of Mixed Municipal Solid Waste generated and shall be collected by the Hauler according to CESC schedule adopted by the City Council.
  4. If a person does not pay the CESC to a Hauler or directly to the city, the city may directly bill the responsible tenant of the property at which the Mixed Municipal Solid Waste was generated.
  5. The CESC collected by Haulers must be remitted to the city. Failure to remit the CESC collected may result in the revocation of the Hauler’s License by the city, and/or criminal prosecution pursuant to Minn. Statute §609.445, as amended.
  6. Each Hauler shall remit the CESC by the last day of the month following the month in which the CESC was collected by a Hauler. The city, if requested in writing by a Hauler, may grant a variance from this 30-day payment requirement due to Hauler billing practices. The duration of the variance will be determined by the city.
  7. In the event a Hauler does not receive the full amount billed on a statement or invoice when the statement or invoice includes the CESC, all payments the Hauler actually receives shall be divided on a pro-rata basis between the amount owed the Hauler and the CESC owed the city. The Hauler must remit the pro-rata amount of the CESC to the city. The city may directly bill the responsible tenant for the balance of the CESC owed.

Subd. 4. CESC Itemized on Statements

  1. Each Hauler shall separately itemize the CESC on any statement or invoice issued for payment of collection services. The CESC must be identified as “City Environmental Service Charge,” and no other name or description. Failure to separately itemize the CESC or to properly identify the CESC is a violation of this ordinance and the Hauler’s Collection license.
  2. Each Hauler is required to provide notification of the CESC to all persons that are billed for Hauler services. This notification is required through a letter jointly developed with the city. For any person billed for Hauler services that has not received such notification, each Hauler is required to provide a notification of the CESC through a letter jointly developed with the city at the time the person receives the first statement or invoice on which the CESC is billed.

Subd. 5. CESC Reports

  1. Each Hauler shall complete a CESC report in accordance with instructions and on forms provided by the city. The CESC report must accompany payment of the CESC.

Subd. 6. Recalculation of CESC

  1. If the city determines, after review of the CESC report, or upon failure of a Hauler to submit the CESC report, that the Hauler has not supplied appropriate or accurate information, the city may recalculate the CESC in accordance with this subsection. If the city finds that the information supplied by the Hauler is inaccurate, incomplete or understated, the city may determine an appropriate amount for the CESC due from the Hauler. The city shall send the Hauler a notice, by Certified Mail, setting forth the recalculated CESC amount. The notice shall include a statement of reasons why the CESC has been recalculated. The city may base the recalculation on information in city records or on any data currently or previously supplied by the Hauler.

Subd. 7. Examination of Records

  1. The city or its duly authorized agents shall have the right to examine records, including access to computer records, maintained by a Hauler. The term “record” shall include, but is not limited to, all accounts of a Hauler. The city shall be allowed access at all reasonable times to inspect and copy at reasonable cost all business records related to a Hauler’s Collection, Transportation, and/or Disposal of Mixed Municipal Solid Waste to the extent necessary to ensure that all CESCs required to be collected or paid have been remitted to the city. Such records shall be maintained by the Hauler for no less than six (6) years.

Subd. 8. Late Payment

  1. A late payment penalty in the amount of one-half-of-one-% (0.5%) per month, or the maximum interest rate allowed by law, shall be imposed upon CESCs collected from Responsible Tenants but not remitted by the Hauler to the city on or before the last day of the month following collection. If a Hauler fails to bill and collect the CESC, the Hauler shall pay the CESC plus the late payment penalty. The late payment shall be calculated from the date the CESC should have been billed.

Subd. 9. Collection Actions

Exercise of any remedy under this subsection does not preclude exercise of other remedies.

  1. If a Responsible Tenant fails to pay the CESC to a Hauler in a timely manner, the city may use any available legal remedies to collect the overdue, unpaid CESCs from the Responsible Tenant, including, but not limited to, collection of the CESC via the utility bill or property tax statement.
  2. If a Hauler has collected CESCs and failed to remit them to the city in a timely manner, the city may use any available legal remedies to collect the CESCs from the Hauler.

    Unpaid CESCs may be collected from tax-exempt properties.

Subd. 10. Right of Appeal

  1. Any person aggrieved by a decision of the city in accordance with the provisions of this Section 10.03 shall have the right to appeal the decision by serving the City Council with a request for hearing. The request for hearing must be received within thirty (30) days after the person receives written notice of the decision. If the person fails to request a hearing within the time prescribed, the person shall forfeit any right to a public hearing.