Agenda - Council - 02/13/1990 - Laserfiche WebLink

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C~SE INTRODUCE ORDINANCE ESTABLISHING CONTROLS ON THE CONSTRUCTION, OPERATION, INSPECTION, MONITORING AND MAINTENANCE OF SOLID WASTE DISPOSAL FACILITIES By: Merland Otto Background/Observations: As the Council is aware, we are in a landfill siting process which was dictated by the Solid Waste Act of 1980. The act provides (MSS 473.811 subd.4a) that a local unit of government may exercise reasonable control respecting the construction, operation, inspection, monitoring and maintenance of disposal facilities. Specifically the statute provides: "With the approval of the council, local government units may impose and enforce reasonable conditions respecting the construction, operation, inspection, monitoring, and maintenance of the disposal facilities. No local government unit shall prevent the establishment or operation of any solid waste facility in accordance with the council's decision under section 473.823, subdivision 5, except that, with the approval of the council, the local government unit may impose reasonable conditions respecting the construction, inspection, monitoring and maintenance of a facility." As the City Council is also aware, a draft ordinance was prepared last fall and transmitted to Metropolitan Council for their review. Their review letter of December 26, 1989 indicated that there was no statutory requirement for Council review of the ordinance and was essentially negative (letter attached). The letter also states, "If this letter is not sufficiently responsive to your request or you would like us to proceed with a formal review, please advise us." At the special City Council meeting of January 16, 1990, we reviewed the basis of the ordinance and indicated the need to make revisions to reflect MPCA rule changes. This revised ordinance incorporates those revisions. We are now prepared to introduce this ordinance and to submit the ordinance to Metropolitan Council for their formal review.