Agenda - Council - 03/27/1990 - Laserfiche WebLink

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CASE ADOPT ORDINANCE ESTABLISHING CONTROLS ON THE CONSTRUCTION, OPERATION, INSPECTION, MONITORING AND MAINTENANCE OF SOLID WASTE DISPOSAL FACILITIES By: Merland Otto, Landscape Architect Background: As the Council is aware, we are in a landfill siting process which was dictated by thc Solid Waste Act of 1980. Thc act (MSS 473.811, Subd.4a) provides that a local unit of government ma), 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 cnfome 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. 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. The ordinance was introduced at the February 13, 1990 Council meeting and was submitted to MC forthwith. We have since been advised that Metropolitan Council does not have statutory authority to approve or disapprove contrary to what the above referenced Statute implies. The City, therefore, does not need MC approval to adopt or enforce the zoning ordinance. Major elements of the ordinance are: 0 0 0 0 0 0 0 0 Limits terms of a CUP to 5 years. Sets forth information requirements to be submitted in considering a CUP. Specifies prohibited areas for construction and operation of disposal facilities. Outlines practices required for maintenance and operation. Specifies buffer requirements and screening. Establishes operating height lirrfitations on landfills. Establishes reporting requirements for landfill operations and monitoring reports. Requires the end use of a landfill site to be a productive end use or pubhc amenity. Recommendation: Staff recommends adoption of the ordinance.