SECTION 6. GARBAGE COLLECTION AND DISPOSAL (Amended
SUBD. 1 Definitions
of terms with regard to this Section.
A. Additional Collection Services All refuse
collected in excess of the maximum volume allowed per single
family residential unit.
B. Commercial Establishment Any premises where
commercial or industrial enterprise of any kind is carried
on, and shall include clubs, churches and establishments
of nonprofit organizations where food is prepared or served
or goods are sold,
Compost Organic material consisting of grass clippings.
Leaves and garden debris, but excluding items described
as “yard waste”.
Construction Waste All items usually and customarily
used in the course of the construction of building, including
but not limited to bricks, plaster, wood, metal, roofing
materials, pipes, cement, rocks, stone, tile, all debris
from demolished houses, buildings and other structures,
sand, dirt, gravel and all related items.
Container A cylindrical receptacle made of metal
or plastic used to contain refuse (commonly called a garbage
can) and shall be a thirty gallon container unless adjusted
to a larger size as provided for herein.
Garbage Animal and vegetable waste, and other wastes
or putrescible matter including but not limited to grease,
wrappings, shells, grounds, bones, entrails, and similar
materials resulting from the handling, preparation, cooking,
service and consumption of food or related vegetable or
Collection Contractor Any person, firm or entity whom
the City of Silver Lake may from time to time contract for
the collection of any of refuse subject to this ordinance.
Human Waste Any human or body waste, excretia or
urine (except such items that may be attached to diapers,
which shall be considered refuse),
Light Commercial Establishment Any
commercial establishment which elects to be treated as a
residential unit. In the case of any premises being used
as a triplex, fourplex, apartment, congregate housing or
boarding house, each dwelling unit located upon the premises
shall be treated as one single family residential unit for
all purposes of this definition.
Multiple Family Units Any household
where more than two families reside, particularly units
which are divided into separate living units; for example
triplexes, apartment buildings, congregate housing and boarding
Recyclables Any substance which is from time to time
considered reusable by any form of recycling and for which
the City of Silver Lake has established a recycling program,
including but not limited to: Paper and newsprint, glass,
plastic, aluminum cans, steel or tin cans, cardboard, or
other material identified from time to time as capable of
reuse by recycling, specifically excluding refuse, rubbish,
garbage or compost.
Refuse Solid wastes from residences and city offices
or buildings that as a result of normal operation which
includes garbage and rubbish, but excludes compost, yard
waste, recyclables, construction waste, toxic and hazardous
waste, and human waste. Refuse further excludes industrial,
commercial and agricultural waste.
Rubbish Inorganic solid waste including both combustible
and noncombustible wastes such as wood, bedding, crockery,
and other nonreusable waste. Rubbish also includes non-recyclable
types of paper, glass, cardboard, and metal, but specifically
excludes construction waste.
Single Family Residential Unit Any premises or household consisting
of a single family residing therein. Duplexes shall be
considered two single family residential units.
Toxic or Hazardous Waste
Any waste that is defined by law, statute, ordinance or
regulation as being hazardous or toxic and that requires
special handling in its storage or disposition, or which
is otherwise considered dangerous or harmful to human health
or the environment. Such items shall include, but are not
limited to: vehicle tires, gasoline, kerosene, fuel oil,
benzene, lubricating oil, or similar petroleum products;
solvents, paints, varnishes, thinners and similar or related
products; acids and other corrosives, including vehicle
batteries; toxic household cleaners and other chemicals;
medical wastes and medical by-products such as blood, tissue,
used bandages, syringes, compresses, bodily fluids or used
surgical or treatment devises; toxic metals such as mercury
including batteries; and any other item which may include
as a part thereof any of the foregoing.
White or Hard Goods Large items, including refrigerators, stoves, dishwashers,
washers and dryers, air conditioners, water heaters, carpeting
and padding, mattresses, chairs, couches, tables and other
such items which due to size require special handling, collection
Volume Base Refuse, garbage or rubbish collection, the maximum limit
of any single family residential unit is permitted to dispose
of under the basic set price.
Yard Waste Any vegetable substance resulting from tree or shrub clippings,
stems, twigs, tree trunks, branches, Christmas trees, sod,
and all other similar substances generated from yard maintenance
or attendance, except those defined as “compost”.
SUBD. 2. Restrictions
All Construction waste, human waste, toxic or hazardous waste,
and yard waste shall be disposed of only in the manners as provided
by law, and in no case shall any such items be disposed of as
refuse. The inclusion of any such items with refuse for collection
as provided for herein is strictly prohibited and shall constitute
a violation of this ordinance. White or hard goods, compost
and recyclables shall also be disposed of only as provided for
in this ordinance and shall not be disposed of as refuse, except
as permitted herein. All refuse accumulated in the City of
Silver Lake shall be collected, conveyed and disposed of only
in the manners provided in this ordinance.
SUBD. 3. Hauler Permit Requirements
No person, firm or other legal entity whatsoever is authorized
to collect, haul, convey, remove any refuse, garbage, rubbish,
toxic or hazardous waste, white or hard goods, yard waste, compost,
recyclables or similar items on a commercial basis unless such
a person, firm or entity has received from the City of Silver
Lake a permit therefor. Bona fide construction contractors
removing construction waste from construction sites shall not
be required to obtain a permit , provided a valid building permit
has been issued for construction upon the particular construction
site the construction waste is removed from. All persons, firms
or entities seeking a permit shall submit to the City Clerk
of the City of Silver Lake and application that shall provide
the following information:
a. Name, full address with telephone number
b. Description of the
entity applying (individual, corporation, partnership, etc)
and if not an individual the name and title of the principal
operating officer of the enterprise.
c. A description of the
waste hauling activities to be engaged in by the person
seeking the permit.
d. Verification by the
applicant of liability and workmen’s compensation insurance
from an insurance carrier authorized to do business in Minnesota.
All persons to whom a permit is issued shall comply with the
following general regulations:
a. Liability insurance in
the sum of at least $300,000 per person and $500,000 per
occurrence shall be maintained at all times by a responsible
insurance carrier authorized to do business in the State
b. Workmen’s compensation
insurance shall be maintained at all times for all employees
required to be covered by Minnesota State Statutes.
c. No vehicle of transport
shall be operated within the City of Silver Lake for the
purpose of collecting any type of waste with a gross weight
in excess of 20,000 pounds or weight upon any axle in excess
of 6,500 pounds.
d. The terms and provisions
of this ordinance shall be complied with at all times, and
all other city, county, state and federal ordinances, statutes,
laws and regulations shall be strictly complied with.
e. The City of Silver
Lake retains the right to revoke any permit upon result
of a breach of any provision of this ordinance.
SUBD. 4 City can Enter into Contract s
with Private Hauling Contractors
The City Council of the City of Silver Lake is authorized to
contract with a garbage collection contractor for the hauling
of refuse by written contract. The selection of a garbage collection
contractor to serve as hauler shall be done in the manner permitted
by state law. Within the limits of state law, the City Council
shall have the power to enter into single or multiple contracts,
if from time to time it appears appropriate to the City Council
to do so. The City Council is permitted to agree to such terms
in any such contract as it deems in the best interest of the
City of Silver Lake, subject to the provisions of this ordinance.
SUBD. 5 Residents must use Contractor with
The owner of a commercial establishment may dispose of all
waste of any type provided such disposal complies with all ordinances,
statutes, laws and regulations regarding disposal of waste;
and further provided that if they use the services of a commercial
hauler, such commercial hauler has obtained a permit from the
City of Silver Lake. The owner of a commercial establishment
may elect to have a commercial establishment treated as a light
commercial establishment and upon such an election the premises
shall be subject to the provisions regarding single family residential
unit for the disposal of refuse. All single family residential
units (including light commercial) shall dispose of all refuse
by use of the garbage collection contractor selected from time
to time by the City of Silver Lake and according to all of the
terms, provisions and conditions as provided for within this
SUBD 6. Containers
All refuse accumulated on any premises within the City of Silver
Lake shall be placed and maintained in containers, except that
commercial establishments may use dumpsters or similar devices
for the accumulation of refuse. In no case shall refuse be
stored in open piles, open boxes, or by any other method which
permits access by vermin, allows the escape of odors, or is
unsightly. Containers shall be provided by the owner, tenant,
lessee, or occupant of the premises. Containers shall be maintained
in good, clean, neat and sanitary conditions at all times.
Containers shall be equipped with handles, tight-fitting covers,
be water tight, and have a capacity of (30) gallons and the
contents of any container shall not weigh more than (80) pounds.
The qualifications as to size of the container and the weight
capacity of the container may be altered by agreement between
the party responsible for the maintaining of the container and
the party authorized to collect refuse in the City of Silver
Lake, subject to the review of the reasonableness thereof by
the City Council. The City Council shall have the power by
resolution to provide that containers provided by a contract
hauler shall be used if the City should enter into a contract
with a garbage collection contractor which contains a provision
requiring the garbage collection contractor to provide containers.
SUBD. 7. Container Placement
Containers shall be placed for collection at one place on ground
level on the property and conveniently accessible for the street
or alley from which collection is made. The City Council may,
by resolution, require any container to be relocated at a specific
location and to provide for flexibility in consideration of
any hauling contract and the particular type of container which
may be provided by the garbage collection contractor.
SUBD. 8. Collection Scheduling.
The City Council shall from time to time establish the days
and hours of collection of refuse and provide such notice of
the same (or require the garbage collection contractor to do
so) as the City Council deems reasonable notice to the residents
of the City of Silver Lake.
SUBD 9. Billing (Amended December 7,
The City Council may enter into a contract with a private hauler
for the collection and disposal of garbage, refuse, waste and
similar materials, and in such case such contract may provide
for the hauler to bill collection fees directly to the owner.
In such a case the City shall have no responsibility to levy
or collect such fees. If a private contract calls for collection
of fees by the private hauler, Subd’s 9 and 10 of this ordinance
shall not apply to such a private contractor’s collections.
The City Clerk-Treasurer shall levy and collect all refuse
collection fees by billing the owner of any property within
the City. The City Clerk-Treasurer may upon the express written
consent of an owner bill the resident or occupant of the property
and in that case the City Clerk-Treasurer shall bill such resident
or occupant. In no case however, shall such request by an owner
absolve an owner from responsibility for the payment of for
the charges of garbage and waste collection fees. The specific
charge for collection for each unit of collection shall be set
from time to time by resolution of the City Council and shall
be charged even if the services are not used upon the premises.
All charges shall be based upon volume, subject to a volume
base, and the City Council shall impose charges for additional
collection services all as mandated by state statute. The council
may offer senior citizen discounts. Each single family residential
unit of collection shall be limited to a single collection point
for one premise. In the case of any duplex or light commercial
establishment which consists of multiple family residential
units, each unit shall be considered separate for the purpose
of collection and billing. No rate increase shall be effective
until thirty (30) days next following publication of the new
rates in the official newspaper. The City Clerk-Treasurer shall
also give such other notices as the City Council may deem appropriate
upon any rate being adjusted or changed.
SUBD. 10. Delinquent Accounts.
The billing for collection of the disposal of garbage and refuse
within the City of Silver Lake will be made on a periodic basis
for such term (monthly, quarterly, etc.) as the City Council
shall from time to time determine by resolution, and any unpaid
cost as of August 1st of each year may be assessed
against the lot so served for which the charge is unpaid and
the manner as provided for as a special assessment. Any payment
which is delinquent for more than thirty (30) days shall include
a penalty of 10% of the amount unpaid and shall bear interest
at the rate of 8% per annum on the unpaid balance. Any billing
unpaid after thirty (30) days from the date the bill was sent
by the City Clerk-Treasurer shall be considered an unpaid and
delinquent bill. On August 1st of each year the
City Clerk-Treasurer shall prepare an assessment roll and any
delinquent and unpaid account, including the name and address
of the owner and the amount unpaid. Written notice shall be
given to the owner of each respective property by United States
Mail at least two weeks prior to the regular September meeting
of the City Council that the City intends to assess said sums
as a special assessment to be certified to the County Auditor
and levied against the land and collected in the manner of taxes.
The City Clerk shall also give published notice in the official
newspaper setting forth the City’s intention to place such assessment,
including a list of the property addresses and amounts delinquent,
together with a statement of the City’s intention of such assessment.
SUBD. 11 Recycling Programs:
The City Council shall have the power to establish and contract
for recycling programs, subject to any state or federal regulations.
The owner of each property within the City of Silver Lake shall
make all due effort to recycle any recyclable material which
the City may from time to time arrange for collection. Materials
that the City arranges to have collected as recyclable shall
be placed for collection at such times and places and manners
as the City from time to time shall direct. In no case shall
the City Council be required to provide for the recycling of
recyclables for which the City in unable in its judgement to
secure an adequate collection arrangement or a market within
the financial capabilities of the community.
SUBD. 12 Cleanup Programs or Cleanup Days
The City Council may from time to time establish special cleanup
programs for the disposition of compost material, yard waste,
white or hard goods, but in no case is the use of such programs
required although they are encouraged. The disposition of toxic
and hazardous waste, white or hard goods, compost, recyclables,
human waste, yard waste and construction waste, shall strictly
comply with applicable city, county, state and federal ordinances,
statutes, laws and regulations.
SUBD. 13 Repeal of Conflicting ordinances
All ordinances or portions thereof which are in conflict with
this ordinance are expressly repealed.
SUBD. 14 Violations
Violation of this ordinance shall be considered a misdemeanor
subject to the penalties imposed according to state statute
for misdemeanor violations. Each day or act of violation shall
be considered a separate offense.
© 2002 City of Silver Lake
Main St. W., Silver Lake MN 55381-0347
Phone: 320-327-2412 | Fax: 320-327-2299