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

Home

ADJUSTMENT Page 2 After all the opinions expressed, I still fail to accept this ordinance should be interpreted to cover an aluminum processing facility. This business is not a disposal facility. Material is received, pro- Cessed and returned to the market for use. Recyclable material is purposely withheld from solid waste disposal sites. Reference City of Ramsey Ordinance 7.72.01, Recycling License Definitions: Recyclable Material~ means materials that are separated from mixed municipal solid waste by the generator and include all items of refuse designated by the t-Iermepin County Department of Environment and Energy to be part of an authorized recycling program and which are intended for transportation, processing and remanufacturing or reuse. Nonetheless, it was determined 90-05 applied. My intent at that time was to include paper, plastic, glass, cardboard, etc. Reference a portion of the memo from Bill Goodrich: "Solid Waste" is defined in part as garbage and refuse. "Refuse" is defined in part as In~bbish and rubbish is defined paper, cardboard, tin cans, glass, etc. In my opinion, application of the above term definitions to the proposed CUP requires that the proposed use be termed a Solid Waste Management 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 Commission believe that the proposed use should not be classified as a Solid Waste Management Facility as the material which would be brought in will be recycled for another use and is therefore not solid waste. My reading of the definitions cited above, however, leads me to believe that those items are still considered solid waste, even though they will be processed or recycled into another use and not discarded. There simply is no other written ordinance or statute language which allows me to conclude othel-wise. After reading the memo, it seemed eliminating these materials and only acceptin~ non-hazard6us netal~ would not constitute a "solid waste facility". This memo only addressed these items. Another aluminum processing facility accepted scrap metals and had not been identi- fied as a "solid waste facility" during it's application for a revised CUP in October 1990. Ordinance 90-05 was in effect at that time also.