10. Oil Recycling Ordinance f0
C I TY OF
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CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM
p.
' TO: Don Ashworth, City Manager
FROM: Jo Ann Olsen, Asst. City Planner S
DATE: June 23 , 1988
' SUBJ: Oil Recycling Ordinance -�
The City Council discussed the oil recycling ordinance on May 23 ,
1988 (Attachment #1) . The City Council felt an oil recycling
ordinance is appropriate and made the following comments:
1 . Anyone dealing with oil (selling or changing) should be
required to accept recycled oil.
2 . Everyone dealing with oil (.including contractor' s yards) must
' be required to show how used oil is being disposed of.
3 . It is not fair to require just service stations to accept
' oil.
Attachment #2 is a memo from the Fire Inspector reviewing
requirements for storing used oil. Used oil (crank case
' drainings) is a Class I flammable liquid and the listed require-
ments must be conformed to. The estimated cost of above ground
tanks, in conformance with the state regulations, would be
' approximately $1,000 .
The city has two options for the oil recycling ordinance:
' 1 . The first would be to grandfather in existing uses as not
having to accept used oil and require only new uses to provide
tanks for used oil.
2 . The second would be to require existing and new establish-
ments that either sell or change oil, to accept used oil.
The first option would of course be much easier to implement
and enforce but would not result in immediate oil recycling
sites . The only new businesses which will be dealing in oil are
' the Town Square site and the West Village Heights Shopping Mall
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Mr. Don Ashworth I
June 23, 1988
Page 2 1
(James property-corner of Powers and West 78th Street) . Both of
these sites have received site plan approval and one is under
construction. They would have an argument to be grandfathered
in. The second option will be more difficult to implement but
will result in used oil recycling sites in the near future.
A final consideration is whether the City should accept used oil.
This could be done as part of the recycling center at the Public
Works building. There will be arguments from private establish-
ments that if they are required to accept used oil, and risk con-
tamination, the city should also have to accept used oil.
The oil recycling ordinance will establish who has to accept used I
oil and the type of facility they will have to provide. The
ordinance will establish a time schedule by which the businesses
must conform to the ordinance. Should the City Council decide all
existing uses should be regulated by the ordinance, staff will
complete a list and survey of all affected businesses ( including
contractor' s yards) . 1
RECOMMENDATION
Staff recommends the City Council give direction as to who exactly
will be regulated by the ordinance (new and/or existing busi-
nesses) and the city) . Staff will then draft an ordinance which
regulates those businesses recommended by Council. Attached is a
draft ordinance.
MANAGER' S COMMENTS: Whoever brought this item in for minor
surgery must be disappointed with the current diagnosis of brain
surgery using a chain saw. Passage of the ordinance would not
only be a financial hardship to the business community/City,
but would also be counter-productive to our work efforts during
the past years. Specifically, private and public ventures have
brought nearly $20 million worth of new construction into our
downtown area. To have a majority of these properties dotted
with ugly red storage tanks lifted into the air ten feet would
constitute eye pollution (not to mention the $1,000 to $3 ,000
expenditure) .
When this ordinance was first considered, few options existed.
At this point, we do have another feasible option - include waste
oil recycling as a part of our current recycling efforts at the
public works facility.
This office would recommend that the City Council instruct staff
to include collection of waste oil as part of our current
recycling program. I truly believe that one tank, paid for via
public dollars, is better than forcing 5 , 10, or 20 private
expenditures of $1,000-$3,000. For the most part, most of our
oil sales represent "convenience" sales versus the bulk sales
that occur through K-Mart, Target, Crown Auto, etc. , over which
we have no control.
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Mr. Don Ashworth
June 23 , 1988
' Page 3
' As stated above, we will attempt to use the existing tank at
public works. If this option does not work, we would install a
new tank adjacent to the recycling facility.
' The Council action should also include authorizing staff to begin
a promotional campaign seeking citizen cooperation in recycling
oil. Before distributing those materials, staff will also be
' asking our existing dealers if they would provide a quotation for
their being the public waste oil recycling site. Although Mr.
Brown may object to a mandate that he accept waste oil (proposed
ordinance) , he may very well see his acceptance of waste oil in
an entirely different light if he were to be paid for being the
lowest responsible bidder and thereby receiving the designation
of our waste oil collection site. From a public standpoint,
' having the ability to drop off waste oil 18 hours per day/7 days
per week for $500 (hypothetically) per year may be more attrac-
tive than spending $1,000 for the ability to drop off oil during
an 8 hour period of Saturdays . If bids are favorable, we will
bring them back to City Council. Otherwise, we would move ahead
with the promotional campaign if the Council endorses this
' recommendation.
NOTE: Staff will verify that our nuisance ordinance to insure
that dumping of oil on private property is prohibited.
' -6u)P iz. ..
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Chanhassen City Council - May 23, 1988 '
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Gary Warren: We're talking 10%.
Mayor Hamilton: $600.00?
Councilman Johnson: that was their percent of the bill in the first place?
Gary Warren: $201,000.00 was assessed of the total of $810,000.00.
Mayor Hamilton: I think what was presented to us was $600.00 assessed back to
Ithe property...
Councilman Boyt: It was my understanding that that $6,000.00 was their portion
l of the interest.
(Gary Warren: No.
Councilman Boyt: No, that was the whole increase?
!Gary Warren: The whole. '
Councilman Johnson: So it would be 25% of the $6,000.00.
(Gary Warren: $1,500.00. '
;Councilman Johnson: So now we're arguing over $1,500.00?
Councilman Boyt: Alright. I withdraw my motion. For $1,500.00 I'd rather keep
it the way it is.
Councilman Boyt '
yt moved, Councilman Johnson seconded to reconsider the previous
motion and send out the assessment roll at the rate assessed in 1986. All voted
in favor and the motion carried.
Councilman Boyt moved, Mayor Hamilton seconded to approve the Preliminary
Assessment Roll for Lake Lucy Road Improvement Project No. 85-19 with the rates
of $11.25 and $22.20 per front foot and Resolution #88-47 to call an assessment
hearing for June 27, 1988. All voted in favor and the motion carried.
OIL RECYCLING ORDINANCE, FIRST READING, CITY OF CHANHASSEN.
Councilman Johnson: He says waste oil is considered a Class I flammable liquid.
I doubt that. Class I flammable liquid has a flash point below 70 degrees F.
We're talking about 72 degrees. Unless you mix a lot of gasoline in your motor
oil. I currently handle this at work and we do not label a shipment or anything
else as a Class I flammable liquid like that at all. It will burn but not, in
fact it's not even a Class II flammable liquid or combustible liquid.
Councilman Boyt: Maybe what we could do is take some comment on this and bring
it back.
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IIChanhassen City Council - May 23, 1988
Iaccomplish that? I can't believe there isn't a cost to them. If they're going
to accept it, that means they have to have one of their people show someone
where it is or take it and put it into their container. It's not cost free to
1 store this oil for disposal so just some comments tonight. I think it's unfair
the way it's written. I don't know how we can work it...
I Councilman Johnson: Tom, if we were a metropolitan government, the taxation
side of that would make sense. Quite frankly, I buy my oil where it's on sale.
Generally it's another town. I buy cases at a time when it's on sale. In other
I words, that money that is paid.. . But you do have a good point on Big A and
auto part stores. To me that is a compatible place to have a drum or two of
oil, if properly stored. They may not have much storage room in there. I would
guess it's having it around food items that it's incompatible with. Selling oil
I is not a major part of Kenny's business. It would be a much bigger part of
SuperAmerica or Holiday or the new stores. I agree with Bill as far as the new
ones. If you're putting in a new gas, putting in a 200 gallon oil tank at the
I same time is not a large bother. It's not a huge expense in comparison to
putting in the big gasoline tanks. The rules are getting tougher and tougher
for putting in underground storage tanks.
IIMayor Hamilton: I think it's a good idea to have whoever's going to be using
the oil or have some products to have a disposal site. I don't know if we'll
ever have another site like Hanus where they dealt with that kind of thing all
I the time and they just threw theirs against the wall I guess. I think we can
control those types of operations too. If you're working on motors, you're
changing oil in equipment, you should have a disposal place. I think some of
III these contractor's yards, I don't think it's unreasonable to ask them to do the
same thing. Some of those contractor's yards have 20 or 25 or 30 pieces of
equipment. They obviously change the oil in them. They don't always do it in
the garage and of course you find some in the field. In the wintertime when you
Ibring their stuff in and get them ready for winter, certainly at that time they
could change the oil, we should have some requirement for them to have someplace
to dispose of their oil so we can see that they're actually disposing of it
IIsomeplace other than the ground.
Councilman Johnson: Talking about in the field, when a contractor's got a earth
I grader or whatever out in the field, he goes in and changes the oil which I've
noticed a few oil filters and puddle of oil out behind the Chan Vista area one
time where they changed the oil in the bulldozer one day there and left the
filters and everything. It said Caterpillar right on the side of it so you knew
Ithat it wasn't somebody with a car.
Mayor Hamilton: They all do it and it's hard to control. You have to have
Isomeone standing out there watching.
Councilman Johnson: We can put it in the development contract too. If you go
Iout there and there's oil filters on the ground for Caterpillars...
Councilman Boyt: I would like to make two suggestions. The first one is that I
think we should, if we can handle this with the sewage so the City should
certainly be able to develop some means of requiring of places that use a great
deal of oil to show either a pick-up contract or show appropriate disposal is
being done. We can do that with people having to have their septic systems
IIpumped out. It's not that much different. I suggest that staff look at that.
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Chanhassen City Council - May 23, 1988 '
The other thing, I think the City should consider that this is a public need and
the City needs to get involved in some way covering part of the expense of a
collection stations... It's clear that it's something that it sounds like the
Council is ready to deal with. It's just a matter of working it out so it fits
into situations well.
REVIEW 1988 GOOSE REMOVAL PROGRAM. '
Mayor Hamilton moved, Councilman Boyt seconded to approve the continuation of
the Goose Removal Program for 1988. All voted in favor and the motion carried.
COUNCIL PRESENTATIONS:
Mayor Hamilton: Okay, Jay you wanted to talk about the Cheyenne wetlands and
the dumping area. -
Councilman Johnson: I'm not sure if I'm making a right name. This is in the '
Bloomberg subdivision right off of TH 101. They're filling the wetlands and
there's not a darn thing we can really do about it. It's prior to our wetland
ordinance and everything else. The builder is putting a house pad 40 foot back
versus the normal 30 foot setback. As far as I know they've been asked politely
by staff to consider going 30 foot back instead of 40 foot back and not
disturbing the wetlands as bad. I would like to politely ask the City Council
to ask them the same thing. Would you please put this, because we have no power
to tell them to do it, but we're saying that the City of Chanhassen is concerned
about our wetlands and if we could save another 10 foot of this wetlands or even
5 foot. Compromise to where it's not 35 foot back from the street, that we
would appreciate it. I would like to see all of us here for this issue also.
That's all I really want to do is have staff write a letter, the City Manager
write a letter to the builder saying that the City Council would like him to
reconsider his position on this building. Even though he's building the
foundation right now, he's out there bulldozing it in today, he can still at
this point move his house 5 feet forward. '
Mayor Hamilton: I think that was something that was approve in the 70's. It
was probably one of the dumbest things this City ever did. I've asked him
personally not to even build any houses there because it's ruined that wetland `` II
completely plus the drainage. They've messed up the drainage that used to go
from Kurvers property over there and now it goes the other way. Kurvers now
have the drainage from Bloomberg's property. It's just a really unfortunate
situation. It's too bad...
Councilman Johnson: It's not Bloomberg Companies doing it. It's just a private
builder.
Mayor Hamilton: Bloomberg Companies were the ones that had the permit to fill
it. I asked them not to fill it and they're the ones who sold the property. ..
Councilman Johnson: I do a lot of driving around the City and see little roads
and drive down and find a dump at the end. For about a year or so I hadn't
found very many than all of a sudden I can find, the big one is Bluff Creek Golf
Course that is continuing to be used. Scott Harr is doing an excellent job in '
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., CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
' (612) 937-1900
MEMORANDUM
TO: Jo Ann Olsen, Assistant City Planner
FROM: Steve Madden, Fire Inspector
DATE: June 22, 1988
SUBJ: Waste Oil Storage
The following are the requirements as stated in the Uniform Fire
Code:
1. Crankcase drainings are considered to be a Class 1 flam-
' mable liquid and shall be stored as such. (UFC Division
lX Section 79. 907 b) .
' 2. The storage of tanks shall be a minimum of 10 ft. from
the building and the building must have a 2 hour rating
on the exterior walls (Section 79. 404) .
' 3 . The storage tank must have a dike around the bottom to
contain any spills. ( Section 79 .405) .
' 4 . Storage area shall be protected against tampering. A
fence should be installed and 15 ft. clearance shall be
maintained free from flammables or combustibles (Section
' 79.406) .
Design and Construction of the Tanks:
' 1. Tanks shall be designed and built in accordance with good
engineering standards for the materials used in the
construction of the tank. The material used for the
' construction of the tank should be compatible with the
liquid being stored ( 79.105 g) .
' 2. The normal operating pressure of the tank should not
exceed the design pressure of the tank (Section 79 .105d) .
3 . Warning labels must be installed on or in the area of the
tanks (Section 79 .106) .
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Ms . Jo Ann Olsen
June 22, 1988
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A concern should also be advised as to disposal of the oil I
storage. Proof must be made as to who removed the oil from the
tanks.
Upon speaking with Pump and Meter Repair in Minnetonka, I was II
advised that an approximate cost of $1,000 to install an above
ground tank. Underground tank storage would be much more expen- '
sive.
Additional information is in Ordinance 62, which was repealed, II was that this type of storage was prohibited. This section of
the ordinance was not carried over to our present code. We
should consider reinstating this section for the safety of busi-
nesses and patrons.
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IDRAFT OIL ORDINANCE
1 . All businesses within the City of Chanhassen which sell and or
change oil, or work on engines resulting in the storage of used
oil, shall be required to accept used oil from the public. The
City will survey existing businesses in the city to determine
I whether they must accept used oil and will notify affected
businesses.
I 2 . Any business required to accept used oil shall post a sign
(minimum size of ) stating used oil is accepted which
will be placed in a location visible to the public.
I3 . Any business required to accept used oil must provide a storage
tank for the used oil meeting the following specifications:
I Code:
a. Crankcase drainings are considered to be a Class 1 flam-
I mable liquid and shall be stored as such. (UFC Division
lx Section 79. 907 b) .
b. The storage of tanks shall be a minimum of 10 ft. from
I the building and the building must have a 2 hour rating
on the exterior walls ( Section 79 .404) .
I c. The storage tank must have a dike around the bottom to
contain any spills . ( Section 79. 405) .
I d. Storage area shall be protected against tampering. A
fence should be installed and 15 ft. clearance shall be
maintained free from flammables or combustibles (Section
79.406) .
IDesign and Construction of the Tanks:
I a. Tanks shall be designed and built in accordance with good
engineering standards for the materials used in the
construction of the tank. The material used for the
I construction of the tank should be compatible with the
liquid being stored ( 79.105 g) .
b. The normal operating pressure of the tank should not
Iexceed the design pressure of the tank (Section 79.105d) .
c . Warning labels must be installed on or in the area of the
Itanks (Section 79.106) .
4 . Any business required to accept used oil shall provide
annually to the city, a copy of a contract with a firm which
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shall be picking up the used oil from the business .
5 . The City shall receive annually a copy of a contract for the
I pick up of used oil for businesses not required to accept used
oil, if deemed necessary by the city (contractor' s yards , etc. ) .
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6 . The City Fire Inspector shall inspect each business required to
accept used oil every 6 months to ensure Conditions #2 and #3
are being met.
7 . Any business required to accept used oil shall have days/
year to meet the requirement of Conditions #2 and #3 and
begin accepting used oil.
8 . A section providing some form of variance procedure for busi-
nesses
to protest or show hardship should be provided.
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