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Memo Solid Waste Management Update CITY OF HOPKINS MEMORANDUM DATE: May 1, 1993 TO: Mayor and City Council FROM: Lee Gustafson, Public Works Director SUBJECT: SOLID WASTE MANAGEMENT UPDATE PURPOSE: This discussion on our solid waste management program is prompted by a new requirement in the Waste Management Act which takes effect January 1, 1994 (see outline in section titled Legislation Requirements). Because of this, staff is reviewing minor changes to our refuse, brush and yard waste operations taking into account that this may commit us, long-term, to municipal refuse collection. It is staff's intent to complete a financial review of the Refuse Utility factoring in the fOllowing outlined changes. After this review a survey of Hopkins residents is proposed in an effort to determine the disposal needs of our residents. In addition to determining disposal needs of residents, we will be asking questions about different brush and yard waste disposal options. DETAILED BACKGROUND: Our current system of refuse, yard waste, bulk pick up, bulk drop off, and brush pick up, currently does not incorporate a variable rate fee structure nor does it show residents the true costs of disposal. The following information we have provided will outline some ideas staff has been reviewing for possible implementation in 1994. As part of the review, staff is proposing to have a survey completed addressing these different refuse options. Staff is very aware that in making these changes we are making a long term commitment of at least 4-5 years to municipal refuse collection. Because of new legislation a domino effect will take place with regard to refuse collection equipment. The following information outlines minor changes staff is considering because of this new legislation. Some changes will be mandatory others simply ways to streamline our programs using current available equipment. . May 1, 1993 Page 2 Leqislation requir ments Volume based pricing: The Waste Management Act, section 115A.9301 requires that a local government unit that collects charges for solid waste shall implement charges that increase with the volume or weight. It further requires that if local government implements a pricing system based on volume, it must establish a base unit size for an average small quantity household generator and establish a multiple unit pricing system for amounts of waste in excess of the base unit amount. The penalties imposed for failure to implement this section can be severe, up to $10,000 per day (see attachment 1 & 2). It is because of this legislation that we intend to survey our residents and establish this base unit size. Visible costs: section 115A.945 of the Waste Management Act requires any political subdivision that provides or pays for the costs of collection or disposal of solid waste shall make the prorated share of those costs for each solid waste generator visible and obvious to the generator. Brush and yard waste fall into the definition of Solid Waste (see attachment 3 & 4). REFUSE Purchase new refuse vehicle . Because our current refuse equipment is fully automated, it is unable to accommodate collection of different size containers on the same route without switching arms. This fact, and the fact that volume based pricing is mandated, requires that we purchase new equipment. The estimated cost for this equipment is $120,000 for one new truck and $20,000 to retrofit one of the old trucks for use as a back up. Purchase new containers or container inserts We have been evaluating two different container options; purchasing new smaller containers for smaller generators (30 & 60 gallon) or retrofitting an' insert for the current 90 gallon containers. The cost for this will vary with the option chosen but should not exceed $110,000. Staff, is leaning towards the purchase of smaller containers due to the fact that they are easier for people to handle, take up less space, and would allow for the current 90 gallon containers to be used for yard waste collection. May 1, 1993 Page 3 YARD WASTE Ada~t current 90 qallon container for use with yard waste If new containers are purchased, staff is considering an option of offering a special yard waste service using the 90 gallon containers. This service would offer weekly yard waste collection in the 90 gallon container at a cost of $40-$50 per year. A free drop off would be available to all other residents who choose not to use this service and Spring and Fall leaf pick up would continue to be done as we do now. This method will decrease the amount of bags purchased by residents, use less labor, less workers compo exposure, and decrease equipment hours by going to 1 day per week collection (currently 4 days). BRUSH Initiate a charqe for brush Dick up Due to the increasing man and equipment hours spent on brush pick up, staff is proposing to attach a user fee to this service. Along with a $15.00 per pile (not to exceed 5'x 10'x 5'), a free drop off would be available. The main reasons prompting this decision is to show residents that their is a cost associated wi th this' collection and to reduce the number of stops we are currently experiencing. Currently the cost is hidden in the refuse rate and general fund, as we review offering a 30 gallon rate (at perhaps a reduced cost), those residents choosing this size must realize that brush and yard waste disposal will be an additional charge. If we continue as we do now we would not be complying with the law by increasing cost with greater volume and showing visible costs. By attaching a user fee to this service it will also encourage residents who desire this service to combine brush piles thereby reducing the number of stops. It is the multiple stops for small piles that takes so much time and increases costs. BULK DROP OFF No changes are being proposed for this service. However, Council should be made aware that this program is being subsidized by the refuse utility. Even though we offer this as a city-wide service (apartments, businesses) the monthly refuse fee pays for this program. Here again the generators do not see the costs associated with this program. BULK ITEM PICK UP No changes are being proposed for this service. However, Council should be made aware that the user fee attached to this program only partially pays its costs. Therefore those who use this service are getting it partially paid for by others who pay their refuse bill but mayor may not use the service. May 1, 1993 Page 4 SUMMARY Most of these outlined changes are being prompted by legislation. The intent of the legislation is to encourage people to reduce the amount of waste produced and manage what they do produce in the most environmentally conscious manner. By showing the true costs of disposal of all solid waste legislators feel citizens will make stronger efforts to reduce those costs and reduce waste along with it. As you can see on the attached memo dated March 12, 1993 (attachment 5), Hopkins did manage to reduce the waste we collected from 1989 through 1991. It is now rising again as was predicted. We will not solve our disposal crisis until we make efforts to reduce the amount we produce. The problem with volume based pricing and visible costs is people do see how expensive waste disposal is, but instead of reducing they opt for a cheaper service and toss excess refuse into commercial dumpsters, ditches, vacant land, parks, etc. The financial review of our solid waste program will allow staff to determine if the city can competitively provide a volume based refuse collection in accordance with State Statutes. The review will also take into account the proposed changes to yard waste and brush pick up previously mentioned. If it is determined that the ci ty can provide a competi ti ve refuse service, staff is intending to survey the residents (see attachment 6) in order to fine tune our financial review of the volume based refuse collection. This will allow us to gather reaction to possible yard waste and brush pick up changes. Finally, if the financial analysis and resident survey indicate that the city should stay in the refuse business, staff would be preparing an action plan for Council's consideration that would set out the necessary steps to comply with the new legislation. 115A.93 ATIRCWf}?{NT I county shall directly require and issue the licenses. ' No person may collect mixed municipal solid waste after January 1, 1993, without a license. HIST: ISp1989 c 1 art 20 s 8; 1991 c 337 s 42,43; 1992 c 593 s 25,26 NOTE: Subdivision 3a is effective January 1, 1994. .::, 115A.9301 SOLID WASTE COLLECTION; VOLUME- OR WEIGHT-BASED PRICING. Subdivision 1. Requirement. A local government unit that collects charges for solid waste collection directly from waste generators shall implement charges that increase as the volume or weight of the waste collected on-site from each generator's residence or place of business increases. Subd. 2. Volume requirement. If a local government unit implements a pricing system based on volume instead of weight under subdivision 1. it shall determine a base unit size for an average small quantity household generator and establish a multiple unit pricing system" that ensures that amounts of waste generated in excess of the base unit amount are priced higher than the base unit price. HIST: 1992 c 593 s 27 NOTE: _ Subdivision 1 is effective January 1, 1993. _ Subdivision 2 is effective January 1, 1994. " 92 Il rr /tC H t11tNT' Z 115.067 the person proposing to construct or operate the depository demonstrates that the depository cannot reasonably be expected to cause the pollution of potable water. HIST: 1986 c 425 s 8 _!!~.071.,j:~F:Q~~j:AfENT,,- Subdivision 1. Remedies available. The provisions of sections 103F. 70 1 to 103F. 761, chapters 115 and 116 and all rules, standards, orders, stipulation agreements, schedules of compliance, and permits adopted or issued by the agency thereunder or under any other law now in force or hereafter enacted for the prevention~ control, or abatement of pollution may be enforced by anyone or any combination of the following: criminal prosecution; action to recover civil penalties; injunction; action to compel performance; or other appropriate action, in accordance with the provisions of said chapters and this section. Subd. 2. Criminal penalties. (a) Violations of laws; orders; permits. Except as provided in section 609.671, any person who willfully or negligently violates any provision of this chapter or chapter 116, or any standard, rule, variance, order, stipulation agreement, schedule of compliance or permit issued or adopted by the agency thereunder shall upon conviction be guilty of a misdemeanor. (b) Duty of law enforcement officials. It shall be the duty of all county attorneys, sheriffs and other peace officers, and other officers having authority in the enforcement of the general criminal laws to take all action to the extent of their authority, respectively, that may be necessary or proper for the enforcement of said provisions, rules, standards, orders, stipulation agreements, variances, schedule of compliance, or permits. Subd. 2a. Repealed, 1987 c 267 s 5 Subd. 2b. Repealed, 1987 c 267 s 5 j. ,Subd.~. Civ}l penalties. Any person who violates any provision of this chapter or - chapter 116, exc'ept anY-provisions of chapter 116 relating to air and land 'pollution caused by agricultural operations which do not involve National Pollutant Discharge Elimination System permits, or of (1) any effluent standards and limitations or water quality standards, (2) any permit or term or condition thereof, (3) any National Pollutant Discharge Elimination System filing requirements, (4) any duty to permit or carry out inspection, entry or monitoring activities, or (5) any rules, stipulation agreements, variances, schedules of compliance, or orders issued by the agency, shall forfeit and pay to the state a penalty, .,in an...."amR.H!1t,12..!?! ~~tenllined ex tbt( ~w:t, of .~,gt,}l}ore t~an.~~lOlOOO ~e+ sJ~,.9t~igl.~.!i2!L.except that if the violation relates to hazardous waste the person shall forfeit and pay to the state a penalty, in an amount to be determined by the court, of not more than $25,000 per day of violation. In addition, in the discretion of the court, the defendant may. be required to: . (a) forfeit and pay to the state a sum which will adequately compensate the state for the reasonable value of cleanup and other expenses directly resulting from unauthorized discharge of pollutants, whether or not accidental; . (b) forfeit and pay to the state an additional sum to constitute just compensation for any loss or destruction to wildlife, fish or other aquatic life and for other actual damages to the state caused by an unauthorized discharge of pollutants. As a defense to any of said damages, the defendan-t may prove that the violation was caused solely by (1) an act of God, (2) an act of war, (3). negligence on the part of the state of Minnesota, or (4) an act or failure to act which constitutes sabotage or vandalism, or any combination of the foregoing clauses. The civil penalties and damages provided for in this subdivision may be recovered by a civil action brought by the attorney general in the name of the state. 114 flTT!J(fltntlVT 3 116.06 Snbd. 10. "Solid waste" means garbage, refuse, sludge from a water supply treatment -- plant or air contaminant treatment facility, and other discarded waste materials and sludges, in solid, semisolid, liquid, or contained gaseous form, resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include hazardous waste; animal waste used as fertilizer; earthen fill, boulders, rock; sewage sludge; solid or dissolved material in domestic sewage or other common pollutants in water resourc- es, such as silt, dissolved or suspended solids in industrial waste water effluents or discharg- es which are point sources subject to permits under section 402 of the federal Water Pollution Control Act, as amended, dissolved materials in irrigation return flows; or source, special nuclear, or by-product material as defined by The Atomic Energy Act of 1954, as . amended. Subd. 11. "Noise" means any sound not occurring in the natural environment, including, but not limited to, sounds emanating from aircraft and highways, and industrial, commercial, and residential sources. Subd. 12. "Noise pollution" means the presence in the outdoor atmosphere of any noise or combination of noises in such quantity, at such levels, of such nature and duration or under such conditions as could potentially be injurious to human health or welfare, to animal or plant life, or to property, or could interfere unreasonably with the enjoyment of life or property. Subd. 13. "Hazardous waste" means any refuse, sludge, or other waste material or combinations of refuse, sludge or other waste materials in solid, semisolid, liquid, or contained gaseous form which because of its quantity, concentration, or chemical, physical, or infectious characteristics may (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (b) pose a substantial present. or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. Categories of hazardous waste materials include, but are not limited to: explosives, flammables, oxidizers, poisons, irritants, and corrosives. Hazardous waste does not include source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended. Subd. 14. "Deputy commissioner" means the deputy commissioner of the Minnesota pollution control agency. Subd. 15. "Assistant commissioner" means the assistant commissioner of the Minnesota pollution control agency. HIST: 1967 c 882 s 6; 1969 c 1046 s 3,4; 1971 c 727 s 1,2; 1973 c 35 s 29; 1974 c 346 s 1; 1974 c 483 s 3,4; 1980 c 564 art 11 s 1-4; ISp1981 c 4 art 1 s 74; 1983 c 373 s 42,43; 1987 c 186 s 15 -? 116.07 POWERS AND DUTIES. Subdivision 1. Generally. In addition to any powers or duties otherwise prescribed by law and without limiting the same, the pollution control agency shall have the powers and duties hereinafter specified. Subd. 2. Adoption of standards. The pollution control agency shall improve air quality by promoting, in the most practicable way possible, the use of energy sources and waste disposal methods which produce or emit the least air contaminants consistent with the agency's overall goal of reducing all forms of pollution. The agency shall also adopt standards of air quality, including maximum allowable standards of emission of air contami- / nants from motor vehicles, recognizing that due to variable factors, no single standard of purity of air is applicable to all areas of the state. In adopting standards the pollution control agency shall give due recognition to the fact that the quantity or characteristics of air 162 A T7RC fI mtNT Jf MANDATORY COLLECTION 115A.941 SOLID WASTE; REQUIRED COLLECTION. (a) Except as provided in paragraph (b), each city and town with a population of 5,000 or more shall ensure that every residential household and business in the city or town has solid waste collection service. To comply with this section, a city or town may organize collec- tion, provide collection, or require by ordinance that every household and business has a contract for collection services. An ordinance adopted under this section must provide for enforcement. . . (b) A city or town with a population of 5,000 or more may exempt a residential household or business in the city or town from the requirement tg..have solid waste collection service if the household or business ensures that an environmentally sound alternative is used. (c) To the extent practicable, the costs incurred by a city or town under this section must be incorporated into the collection system or the enforcement mechanisms adopted under this section by the city or town. HIST: 1991 c 337 s 47 VISffiLE COSTS ...., 115A.945 VISffiLE SOLID WASTE MANAGEMENT COSTS. Any political subdivision that provides or pays for the costs of collection or disposal of solid waste shall, through a billing or other system, make the prorated share of those costs for each solid waste generator visible and obvious to the generator. HIST: lSp1989 c 1 art 20 s 9 RECYCLABLE MATERIALS PROHffiITION- 115A.95 RECYCLABLE MATERIALS. A resource recovery facility that is composting waste, burning waste, or converting waste to energy or to materials for combustion, and is owned or operated by a public agency or supported by public funds or by obligations issued by a public agency, may not accept recyclable materials except for transfer to a recycler, unless no other person is willing to accept the recyclable materials. HIST: 1985 c 274 s 13; 1987 c 348 s 28 '-'" 96 111TIlC.1I ~NT 5 CITY OF HOPKINS MEMORANDUM DATE: March 12, 1993 TO: Lee Gustafson, Public Works Director FROM: Kathy Max, Recycling Coordinator SUBJECT: Refuse tonnages & costs Jan-June tons July-Dec tons Year end tons Tons difference Jan-June cost July-Dec cost Year end cost Yard Waste *Recycling Quarterlyj Drop off tons Quarterlyj Drop off cost 1988 1989 1610 1607 1842 1655 3452 3262 NjA -190 62,274 72,507 63,163 119,429 125,435 191,933 470 558 Spring Clean-up 400** Quar + Drop off 348 1990 1991 1992 1438 1268 1416 1414 1412 1367 2852 2680 2783 -410 -172 +103 129,336 113,409 128,478 126,382 127,799 118,471 255,718 241,208 246,949 480 536 690 604 671 1437 Quar + Drop off Drop off Drop off Only Only 351 145 119 52,875 19,481 16,662 Tip fees gradually increased in 1988-1989 and took a larger jump in 1990 to $90jton. In 1991 the tip fee at EPR increased to $91jton. In 1992 and 1993 some waste was hauled to the transfer station for disposal at $95jton. It is interesting to note that the highest decrease in tons collected was in 1990 when the tip fee increased, our program expanded with bins, and the yard waste ban went into effect. The decrease in yard wastejgrass collected was most likely due to the drought. 1992 shows an increase in refuse tons collected showing that even though tonnage of recycling is increasing so is the amount of waste produced. This is not to say that waste reductionjrecycling is not' occurring, it just isn't occuring fast enough to keep up with waste production. * These figures include multi-family recycling tonnage, as well as residential, so we cannot assume this figure depicts a reduction in city refuse hauled. Only a portion of it would have been hauled by the city refuse crew. ** This figure includes some yard waste, logs, and major appliances as it was legal to mix these items together at this time. It is difficult to compare 1988 to the other years as methods and regulations differed greatly. 16,720 28,460 ,tt\\AtW MeHT " 1993 RESIDENTIAL REFUSE RECYCLING SURVEY The City of Hopkins is reviewing refuse service options. Please complete the following questionaire and return it by June 15, 1993. You may mail it back, bring it to city Hall or Public Works, or include it with your Utility Bill. .his information is very important to our evaluation of the current services. 2lease be sure to complete and return this form. Thank you. Do you Rent or Own? (circle one) Last Name First Name Street Address 1) How many refuse containers do you currently have? 1 2 3 4 (circle one) 2) Would you request a smaller refuse container if they were made available at a lower rate than the 90 gallon container rate? YES NO (circle one) 3) If YES, what size would accomodate your refuse disposal needs? less than 20 gallons 30 gallons ___ 60 gallons (check one) 4) Do you recycle? YES NO (circle one) 5) What materials? (check the ones listed below that you recycle) Aluminum Cans Magazines Cardboard Others (please list) Tin/Steel Cans Mixed Paper Glass Plastic bottles Newspaper 6) Do you use the city's brush pick up service? YES NO (circle one) 7) Do you use the city's yard waste pick up service? YES NO (circle one) 8) If the city started charging $10 - $15 per per bag for yard waste, but also offered a you: A. Pay for the service B. or C. Use a combination of both ? stop for Brush pick up and $1 free drop off location, would Use the free drop off 9) If a 90 gallon container were offered for disposal of grass clippings from May through September at a cost of $50 per season (spring and Fall leaf pick up would continue as it is now at no cost) would you use this service? YES NO (circle one) 10) Do you use any of the processed compost or wood chips made available from the Brush and Yard Waste services? YES NO (circle one) .2) 11) Do you use the Thursday, Bulk pick Up service that is offered for $15.00 per bulk item? YES NO (circle one) Do you use the Free Bulk Drop off service offered in the Spring and Fall? YES NO (circle one) If you have any questions or need assistance to complete this form, please call Public Works at 939-1382. . . PLEASE LIST ANY COMMENTS YOU MAY HAVE BELOW: Thank you for your prompt attention to this report. If you need assistance or have any questions regarding this requirement, please call Kathy Max, Recycling Coordinator at 939-1382. To mail this back, address is showing. fold along dotted line making sure the City Tape or staple. Hopkins Public Works 1601 2nd Street South Hopkins, MN 55343 Place postage Here RECYCLING OFFICE HOPKINS PUBLIC WORKS 1601 2ND STREET SOUTH HOPKINS, MN 55343