City Council Ordinance 197ORDINANCE AMENDMENT NO. 197
THE CITY COUNCIL OF MONTICELLO HEREBY ORDAINS THAT TITLE 7, HEALTH
AND SANITATION, OF THE CITY ORDINANCE BE AMENDED BY ADDING THE
FOLLOWING CHAPTER:
Chapter 7
WASTE INCINERATION
SECTION:
7-7-1:
Purpose and Finding
7-7-2:
Regulations
7-7-3:
Authority
7-7-4:
Term
7-7-5:
Effective Date
7-7-1: PURPOSE AND FINDINGS: The purpose of this ordinance is
to place a moratorium on burning of certain waste types
by use of incinerators in the city of Monticello. This ordinance
is intended to allow the City time to conduct studies on the proper
type of criteria necessary for the incineration of certain waste
types in the city. This purpose is important, as the City Council
finds that proper studies need to be conducted on this subject in
order to protect the planning process and the health, safety, and
welfare of Monticello's citizens.
7-7-2: REGULATIONS:
(A) Interim Regulation:
1. Notwithstanding anything to the contrary in Title 10 of the
City Code, no burning of solid waste, hazardous waste, medical
waste, or special waste by use of an incinerator or hazardous waste
incinerator shall be allowed within the city either as a permitted
use or conditional use, nor will requests for such incineration
burning be considered by the City during the period of time the
City is conducting studies on the development of criteria for the
review and granting of requests for such incinerator burning.
2. As used herein, the following words shall have the meanings
defined herein:
"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
Ordinance Amendment No. 197
Page 2
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.
"Hazardous Waste Incinerator" means an
controlled flame combustion,
break down hazardous waste and
classification as a boiler nor
industrial boiler.
a purpose of
that neither
is listed or
enclosed device using
which is to thermally
meets the criteria for
can be classified as an
"Incinerator" means any furnace or other device used in the process
of burning solid waste, hazardous waste, medical waste, or special
waste for the purpose of reducing the volume of the waste by
removing combustible material.
"Solid Waste" means garbage, refuse, and other discarded solid
materials, except animal waste used as fertilizer, including solid
waste materials resulting from industrial, commercial, and
agricultural operations, and from community activities. Solid
waste does not include earthen fill, boulders, rock, and other
materials normally handled in construction operations, solids, or
dissolved material in domestic sewage, or other significant
pollutants in water resources such as silt, dissolved or suspended
solids in industrial waste water effluents, dissolved materials in
irrigation return flows, or other common water pollutants.
3. Nothing contained herein shall prohibit the use of incinerator
burning by incinerators lawfully permitted or presently in use
within the city.
7-7-3: AUTHORITY: This ordinance is adopted pursuant to the
authority granted to the City by Minnesota Statutes,
Section 462.355, Subdivision 4.
7-7-4: TERM: This ordinance shall, unless otherwise extended,
terminate eighteen (18) months from its effective date.
7-7-5: EFFECTIVE DATE: This ordinance becomes effective upon
its passage and thirty (30) days after its publication
according to law.
Adopted this 24th day of September, 1990.
Mayor'
City Admi istrator
Published in the Monticello Times on 10/4/90.