Agenda - Council - 04/09/1991 - Laserfiche WebLink

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TO: FROM: RE: D;.TE: MEMORANDUM Ramsey Planning commission William K. Goodrich, City Attor~'~Y Aluminum Processing, Inc. CUP December ~, 1990 ! ! At your meeting on November 20, 1990, regarding the above CUP application, you requested that I issue an opinion to you as to whether or not the proposed aluminum processing and recycling facility is a solid waste management facility under the definition of Ordinance 90-5. Ordinance 90-5 defines a "Solid Waste Management Facility" ~acility for the storage, collection, transportation, processing or reuse, conversion or disposal of solid waste." "solid Waste" is defined as ,,garbage, refuse, sludge, from a water supply treatment plant or air containment treatment facility and other discarded waste materials · - · " In addition to the above definitions, I have reviewed the definitions of "Refuse", ,,Rubbish", ,'Solid Waste" and "Solid Waste Collection" as defined in Minnesota Rules 3 6035.0300; the definition of ,,Recycling" and related terms as defined in MSA l!SA 03 and the definitions of ,,Waste Facility" and ,'Waste Management" as defined in the Metropolitan Council's Waste ' M~nagement Guide. "Solid Waste" is defined in part as garbage and refuse. ,,Refuse" is defined in part as rubbish and rubbish is defined as pader, cardboard, tin cans, glass, etc. In my opinion, aDp!ication of the above term definitions to the proposed CUP reqfuires that the proposed use be termed a solid Waste ~anagement Facility under ordinance 90-5. This opinion is reached, of course, by use of the ordinance as written. I am aware that certain members of the Planning Comr, ission believe that the ~' ~ solid Waste Management orooosed use should not be class_~ec as a ~ ~=~<-v as the material which would be brought in will be recycled of for another use and is therefore not solid waste. Mx, readinc i the definitions cited above, however, leads me to believe that %hose items are still considered solid waste, even though the3' wi!! be processed or recycled into another use and not discarded. There simp!~' is no other written crdinance or statute language which allows me ~o conclude otherwise. ! ! ! !