Ordinance No. 0801 03-12-1984�
o�irr�acE rro. soi
AN ORDINANCE RDCY)DIFYIN3 THE FRIDLEY CITY 00DE BY ADpPTING
A NEW Q�APTII2 218, II�TITLID "HAZARDOUS WASTE ODNPftOL"
THE CITY COUNCIL OF THE CITY OF FRIDLEY DOF5 ORDAIN AS FOLI,O�dS:
218.01. STATENIQ�7TT OF PDLICY
The City of Fridley deens it necessary to provide for the special
and express regulation of hazardous waste storac�e and treatr�5ent
facilities which exist as the principal use in orcler to protect the
public health, safety and general ��elfare.
218.02.
When used in this Chapter, the following terms have the iollowing
meanings:
1. Accessory i]se,
A �ubordinate use which is located on the same lot as the principal
use and is necessary or incidental for the conduct of the principal
use.
2. Disposal.
�7.he discharge, deposit, injection, dumping, spilling, leaking, er
placing of any waste into or on any land or water �o that the waste
or any constitutent thereof may enter the envirormlent or be emitted
into the air, or discharged into any water�, including ground
waters.
3. Envirormiental Assess[nent Worksheet or EAW.
A brief dociunent designed to set out the basic facts necessary to
determine whether an EIS is required for a pro�osed pro�ect or to
initiate the scoping process for an EIS.
4. Envirornnental Impact Statenent.
A detailed written statement as required by �4innesota Stat�tes,
Section 116D.04.
5. Hazardous Waste.
Any refuse or discarded matezial or combinations oF refuse or
discarded materials in solid, semi-solid, liquid, or S�aseous form
which cannot be handled by routine waste management technigues
because they pose a substantial present or potential hazard to htmk�i
health or other living organisms because of their chemical,
biological, or physical properties. Categorie� of hazaxdous waste
materials include, but are not lunited to: explosives, flammables,
oxidizers, poisons, irritants, and corrosives. Hazardous waste does
�not include sewage sludge and source, special nuclear, or by-product
material as defined by the Atomic Energy Act of 1954, as amended.
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STATET7II�T
OF POLICY
DEFINITIONS
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6. Hazardous Waste Facility.
�Real or personal property that is used or is coristructed to be used
for the management of hazardous waste.
7. Hazardous Waste Generation.
The act or process of producing hazardous waste.
8. Hazardous Waste Management.
The systematic control oP the collection, source separ�tion,
storage, transportation, processing, treatment, and disposal of
hazardous waste.
9. Hazardous tidaste Processing Facility.
A hazardous waste facility that is designed and operated to modify
the chemical composition or chemical, physical or biological
propexties of a hazardous material by means such as incineration,
reclamation, distillation, precipitation or other similar processes.
10. Manifest.
The form used for identifying the quantity, compositian, and oriyin,
routing, and destination of hazardous waste duxing its
transportation £rom the point of generation to the point of
treatnent, storage or disposal.
11. Principal Use.
�The purpose for which land or building or constructian is or is to
be used or occupied.
12. Sludge.
Any solid, semi-solid or liquid waste generated from a municipal,
comn�ercial, or industrial waste water treatrnent pl�nt, water supply
treatment plant, or air pollution control facility or any other such
waste having similar characteristics and effects.
13. Solid Waste.
Garbage, refuse, sludge from a water supply treatment plant or air
contaminant treatrnent facility, and other discarded waste materials
from commercial, mining, and agricultural operations, and from
cmrununity activities, but does not include hazardous waste; animal
waste used as fertilizer; earthen fill, faoulders, rock; sewage
sludge; solid or dissolved material in domectic sewage or other
common pollutants in water resources, such as silt, dissolved or
suspended solids in industrial waste water effluents or discharges
which are point sources sub7ect to permits under section 402 of the
Federal Water Pollution Control Act, as amended, dissolved materials
in irrigation return flows; or source, special nuclear, or
by-product material as defined by The At�nic Energy Act of 1954, as
amended.
14. Stoxage.
�'I'he containment within a buildinq of hazardous waste, either on a
tenporary basis or for a period of years, in such a manner as not to
constitute disposal of such hazardous waste.
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�15. Treatrnent.
Any method, technique or process, including neutralzzation, designed
to change the physical, chemical, or biological character or
cor,tposition of any hazardous waste so as to neutralzze such waste or
so as to render such waste non-hazardous, safer for trar.sport,
amenable for recovery, amenable for storage, or reduced in volume.
Such term includes any activity or processing designed to change the
physical form or ch�nical composition of hazardous waste so as to
render it norrhazardous.
218.03. SPECIAL USE PERNLZT REQUTR��' AI�D] ZONING
1. Hazardous waste storage and treatrnent facilities which are
principal uses may be permitted only in Heavy Industrial (C�i-2) Zones
after a special use permit has been obtained sub�ect to all
applicable provisions of this Chapter.
2. Hazardous waste storage and treatment facilities which are
accessory uses to the principal use or operation may be permitted
only after a special use permit has been obtained.
218.04. SPECIAL USE PERMIT APPRWAL CRI�TA
A Special Use Pexmit shall be approved only if consistent with all
of the following ob�ectives:
�1. That the proposed hazardous waste facility is develeped and
operated in accordance with all'applicable local, state, and federal
laws, rules and regulations;
2. That the hazardous waste facility is developed and operated in
such a manner so as to eliminate the possibility of ground water
pollution in order to maintain the chemical, physical, and
biological integrity of the nation's waters, in order to achieve and
maintain a 1eve1 of water quality which provides for the protection
and pro�gation of fish, shell-fish, and wildlife and for recreation
in and on the water;
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3. �at the proposed hazardous waste facility be developed and
operated in such a manner so as to eliminate air pollution;
4. That sufficient safeguards against spills, fires, and explosions
are established to protect the public health, safetg and welfare to
the greatest extent possible;
5. That the proposed site for hazardous waste facilities be
developed in such a way so as to provide for opaque screening and
landscaping to minimize the negative visual impacts fxom such a
facility on any ad�acent property;
6. That the proposal is consistent with all applicable City of
Fridley codes and regulations;
7. That the proposal be consistent with the City of Fridley
Cwnprehensive Plan; and
8. If the Fire Department determines a need for specialized
equipment, extinguishing agents or txaining, it shall be the
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218.Q4
SPECIAL
USE PERMIT
RDQiJIRII�7EN'P
AND ZQNING
SPECIAL
USE PERMIT
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C�2ITF:RTA
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responsibility of the facility owner or operator te provide same,
9. In addition to the above, any new princip3l use hazardous waste
facility will not be located any closer than one thousand (1000)
feet to any HUD flood plain, shoreland, wetland, body of water, or
ground water recharge area or aquifer, in ordex to protect potential
dxinking water sources.
218.05. SPECIAL USE PERMIT APPLICATION PROCEDURFS
1. Prior to the submittal of a special use permit application, the
developers or aaners of the proposed facility shall meet with the
City to review all applicable ordinances, regulations, and future
plans for the area adjacent to the property beinc� �eveloped.
2. The application for the special use permit will be scheduled for
a public hearing before the Planning Commission u�on completion of
the Enviromnental Quality Commission review.
3. The developers or aaners of the proposed facility shall pregare
prelvninaxy drawings in acwrdance with the regulations of Section
218.07 and an enviromnental assessment worksheet and submit the same
to the City, 60 days prior to the public hearing.
4. The Notice for Public Hearing shall be published in the official
newsg�per at least ten (10) days, but not mare than twenty (20)
days, prior to the public hearing, at which time the item will be
heard. Notices will also be sent during this time period ta
property aaners within fifteen hundred (1500) feet of the sub7ect
property.
5. The Planning Commission shall hold a gublic hearing on the
proposed special use permit. During this public hearing, the
requiranents for preparing an Envirormiental Impact Stat�nent will be
investigated. Follaaing the public hearing, the Planriing Comrnission
shall, within ninety (90) days, submit its recommendation to the
City Council as to the appropriateness of the proposed development,
and shall recom��end if an�nviroranental Imp�ct Stat�nent Zs required
and conditions of approval or disapproval, based upon the criteria
set forth in Sections 218.03, 218.04 and 218.06 of this Chapter.
6. The application for the special use permit shall be scheduled
for a City Council meeting.
7. The City Council, shall considet the application pursuant to
Sections 218.04 and 218.06 and shall approve, disapprove, postpone,
or modify the proposal.
8. If it is deternlined that an Environmental Iml�act Statement is
required, the applicant must prepare this report before the City
Council will. take final action on the special use permit
application.
9. Should the City Council approve of the applzcation for a speciat
use permit and preliminary plans, the agplicant shall file final
plans with the City. The final plans shall be processed in the same
m�-uvler as the special use permit and prelim�.nary plans. A certified
cog� of the special use permit shall be recorded in the OPfice of
the Anoka County Recorder or Registrar of Titles, pursuant to
Minnesota Statutes, Section 462.3595, Subd. 4.
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218.�5
SPECIAL
USE PERMIT
APPLICATION
PROCEDURF.S
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10. Should the City Council disapprove the application for � special
use pexmit and preliminary plans, the owners or developers may
prepare another preliminary plan and resubmit to the City.
218.06. GII�ERAL FIAIDINGS
As a prerequisite to the approval of the application for the special
use permit, the City Council shall find that evidence presented
established:
1. That safe and adequate access to the facility iox genexsl,
service, and emergency purposes will be provided from
non-residential ma�or thoroughfares, and will not xequire the use of
any residential collector or residential local streets;
2. That the operation of the facility will not produce fumes,
alors, noise, dust, smoke or gases which will adversely affect
nearby properties;
3, That the issues raised in the EAW or EIS have been
satisfactorily and adequately answered and addressed;
4. That the types of soil undex and �oithin one quartex mile of all
portions of the proposed site to be used £or storage, treatment,
loading and handling of hazardous materials, as well �s under a11
paved surface or roads leading to the facilities, shall not have a
natural percolation rate in excess of 0.75 gallons ger day per
square foot;
5. That ail surface water, ground water, sanitary sewer systems,
and storm water systens will be protected so as to eliminate the
probability of contam�.nation by hazardous waste; and
6. That necessary fire fighting equipment �nd rnaterials are
available or will Ix provided by the awner/oF;erator;
7. That the use of the proposed site for hazardous waste treatment
will not endanger the public health or safety, or substantially
reduce the value of ad�oining or nearby property.
218.07. PRELIMLNARY PI1�NS RDQUIRID
1. Maps of the area within one half m�].e of the exterior property
lines of the proposed site, and including the proposed site, which
sha�:
A. All dwelling units, other principal buildings and structures
and streets;
B. All significant topographical features;
C. All surface water syst�ns;
D. A11 sanitary sewer systens;
E. All storm water management systens; and
F. All wells.
2. An engineering certification for the proposed site and the area
within orie half mile of the proposed site concerning the following
GII3Q2AL
FIN�INGS
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factors:
A. Depth to seasonally high water table;
B. Soil drainage, composition, thickness in permeability;
C. Flooding, ground water recharge areas, aquifers, and flood
plains;
D. Depth to bedrock; and
E. Prevailing wind conditions.
3. P,ppropriate pexmits from the P7innesota Pollution Control Agency,
Anoka County Health Board, Deg�rtment of Natural Resources, State
�hvirorunental Quality Board, State V7aste Management Boarcl, and the
local watershed management organization for the progosed site are
requixed. In adcv.tion, the operator must provic�e certificates that
the proposed principal use facility is in cornpliance with the
appropriate local, state and federal laws, rules and regulations
governing air quality standards, water quality standards, and waste
water standards.
4. A narrative explaining the estimated composition, quantities,
and concentrations of any hazardous waste identified or listed by
this Chapter, or combinations of any such hazardous waste and any
other solid waste, proposed to be stored, treated, transported, and
the tune, frequency, or rate of which such waste is proposed to be
stored, treated, or transported.
5. Preliminary site plan - The prelim�nary site �lan shall be drawn
at a minim�un scale of one (1) inch equals fifty (50) feet. The
submission may be composed of one (1) or more sheets and drawings
and shall include:
A. Location of all proposed buildings and their proposed uses;
B. Location of driveway and parking areas;
C. Front, rear and side yard setbacks;
D. Square footage and dimensions of all proposed buildings; and
E. Location of all easements, width and purpose.
6. The landscape plan shall be dravm at a minimiun scale of one (1)
inch equals fifty (50) feet and shall contain the follo��ing
information:
A. Areas for berming, sodding and screening;
B. I�ocation of proposed plantings, identifying materials as
shade tree, fl aaering tree� coniferous tree, ar shrubs;
C. Location of any existing vegetation; and
D. Identif�.cation and locata.on of any trees to be ranoved.
7. A grading and drainage �lan shall be drawn at a minimim� scale of
one (1) inch equals one hundred {100) feet and shall contain the
f-ollaaing information:
A. Existing and proposed grades with a mu�imim of two (2) foot
contour intervals to a known sea level datlun;
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� B. Spot elevations on all proposed hard surface areas;
C. Estimated runoff of the area based upon one, ten and one
hundred year storms;
D. Location of proposed ponding areas indicating the size and
depth of the pond, and amount oi acre feet af water to be
stored; and
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E. Finish floor elevations of all buildings.
8. Floor plans and elevations: All floor plans and elevations
shall be drawn to a legible scale and include the following
inforn�ation:
A. Floor plans indicating square footage and dimension of all
proposed rocans and areas within the structure, identifying the
proposed uses for each room; and
B. Elevations of the proposed buildinqs, identifyinq exterior
treatrnent such as materials to be used and the color.
C. Interior diking and retention areas identsPyir,g the volume
to be contained and method of ranoval.
218.08. FINAL PLANS RDQ[7IRID
1. A final site plan sha7.1 be prepared at a scale of one (1) inch
equals fifty (50) feet and shall contain the follawing information:
A. Location of proposed buildings;
B. Location o£ proposed driveways and parking areas;
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Front, rear, and side yard setbacks; and
Square footage of all proposed buildinys.
2. Final landscape plan shall be drawn at a scale of one (1) inch
equals fifty (50) feet anc1 shall contain the folla�ing:
A. Plant types (botanical and common names), nimiber, location,
size, and method of installation;
E. Areas to be sa3ded;
C. Location of existing vegetation;
D. Identification and location of trees to be renoved.
3. Final grading and drainage plan shall he drawn at a scale of one
(1) inch equals one hundred (100) feet and shall contain the
follaoing information:
A. Existing and proposed grades with a minimwn of two (2) foot
contour intervals to a knaan sea level dattmi;
B. Sufficient spot elevations on all proposed hard surface
areas;
C. Estimated runoff of the area based upon a one, ten and one
hundred year storms;
D. Location of proposed ponding areas indicating the size and
depth of the pond, and amount of acre feet of water to be
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storea;
E. Finish floor elevations of all buildings; and
F. Identify soils by type and location, includinr�
identification of the water taUle, and suitability of soil for
the proposed develognent.
4. Final floor plans, construction drawings anc7 elevations shall be
drawn to a legible scale and shall include the following
inf-ormation:
A. Plans indicating square footage, dimension, and uses of all
proposed areas within �he building; and
B. Elevations of the proposed building, identifying exterior
treatment, such as materials to be used and the color.
C. Interior diking and retention areas identifying the volune
to be contained and method of renoval.
218.09. (I�1NGF.S IN PLANS
1. If the applicant proposes ma�or changes in the final site plan
that ate inconsistent with the preliminary site plan, these cYranges
can only be made by resubmission of a new preliminary site plan and
new special use permit application to the City anr� rescheduling of
this item before the Envirornnental Quality Conunission, a new public
hearing before the Planning Commission, and reviewal again by the
City Council. The following constitute ma�or changes:
A. Increase in the size of the proposed structure or
developnent;
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D.
Change in architectutal design ox style;
Increase in the height of the building;
A ma�or modification to the landscape plan;
E. A si�ificant reduction in proposed open sp�ce and
buffering;
F. A change in the develognent schedule;
G. Change in road location or standards; and
H. Other changes as determined to be ma�or [�y the City Council.
2. Minor Changes. The City Council may, in its discretion, permit
minor deviations from the preliminary site plan, which Qo not change
the concept or intent of the proposed development as previously
approved.
218.10. TIME LIMITATIONS
If final plan approval is not granted within a siy (6) month period
fram the time of the approval of the special use permit application
�and preliminary plans, the proposal shall be declared null and vaid
and the applicant will have to re-file a preliminary plan and
special use permit application with the City.
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(fIIP�NGES
IN PLANS
TIME
LIMITATIONS
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218.11. STPSIDARDS
1. For princi�l use facilities, the property must be zoned r4-2,
Heavy Industrial District.
2. [�linimiun setbacks from property line, ma�or roads, and other
buildings, shall be two hundrecl (200) feet. Minimum setbacks £rom
any residential structure shall be four hundred �400) feet.
3. NLinim�un lot size shall be 10 acres; maximiun lot coverage shall
be 250; maximum area for parking shall be 25%; maximum builcling
height shall be 40 feet; building materials �hall be concrete or
brick; and no metal buildings shall be allaaed.
4. Minimtmt landscape area shall be 50 0.
5. The entire site shall be opaquely screened so that the building
or parking or storage areas cannot be seen from a public street.
6. P7inimtun tree sizes: shade trees shall be 3 1/2 inch caliber;
snall trees shall be 3 inch caliber; flaaering trees shall be 3 inch
caliber; shrubs shall be 3 feet in height; and coniferous trees
shall be 12 to 15 feet in height.
7. No migration of water overland shall be permitted beyond the
property lines. P11 porx7ing of water shall be contained on the site
and provisions made to contain all water runoff so as not to
discharge into the municipal sanitaxy sewex system or any storm
water syst�n or ditch.
8. Concrete curb and gutter shall be required al�ng all parking
areas. All parking areas shall be concrete surfaces.
9. DIo outdoor storage shall be permitted.
218.12. RE�RD KEEPING
The operators of the hazardous waste facility shall maintain records
of all hazardous waste identified or listed which is treated,
transported, or stored, and the manner in which such waste are to be
treated, stored, or transported. The operators of the facility
shall sulxnit a quarterly report to the City Couricil, identifying the
treatrnent, storage, or transport of all such waste received by the
facility.
218.13. INSPECTION
1. For the purpose of enforcing the provisions of this Chapter, any
person who generates, stores, treats, transports or otherv�ise
handles or has handled hazardous waste, shall furnish information
relating to such waste upon request of the iollowing pexsons: City
Building Inspector; Public Works Director; Polioe Chief'; City
1�Ianager; or the Fire Chief. Such persons at all reasonable times
shall have access to and the right to cog3 all records relating to
such waste.
2. Any duly authorized City personnel shall be allowed at any
reasonable time to enter any establishment or other place where
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218.13 �
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INSPEGTION
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hazardous wastes are or haue been stored, treated, or transpoxted
from.
3. Any duly authorized City personnel shall be allo�ved to inspect
and obtain samples from any person of any such waste and samples of
any containers or labeling for such containers.
4. Any duly authorized City personnel can at any time, without
prior oonsent, inspect the site for the possibility of any leakage,
spills, or violations of any local, state, or federal larT, rules or
regulations.
5. Any records, reports, or information obtained by Yk�e City shall
be made available to the public.
6. The existence of any violation of local, state or federal laws,
rules ox regulations shall require the closzng of said facility
until it has been determined by public hearing the reasons for saic
violations and the identification ancl implementation of additional
safeguards to prevent future violations.
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Any order issued pursuant to this Chapter may include a suspension
or revocation of the special use permit issued under this Chapter
and shall state with reasonable specificity the nature of the
violation and specify a time for compliance. Any violation of this
Chapter shall be considered a misdemeanor.
218.15. MONITORING ANALYSIS ADID TES"PING
1. If City determines that the presence of any unauthorized
hazardous wastes are being stored, treated, transportec7 or disposed
of, the City may demand that the facility be closed within four (4)
houxs upon written notice.
2. If the City determ�.nes that the release of any materials from a
hazardous waste facility or site may present a substantial hazard to
human health or the environment, the City may issue an order
requiring the owner or operator of the facility to conduct such
monitoring, testing, analysis and reporting wath respect to such
facility or site as the City deems reasonable to ascertain the
nature and extent of such hazard, includiny spills, leaks,
explosions, and f ire.
3. If the City determines that the aaner or operator, is unable to
conduct monitoring, testing, and analysis, ot reporting satisfactory
to the City, and if the City deems any 5uch action carried out by
the awner or operator to be unsatisfactory, or if the City cannot
imtially determine that there is an owner or operator who is able
to conduct such monitoring, testing, or reporting, the City may:
A. Conduct monitoring, testing, or analysis, which it deems
reasonable to ascertain the nature and extent oi the hazard
associated with the site concerned; or
Ei. Authorize the state or a local authority or testiny facility
to carry out any such action; and
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ANALYSIS
AND TESTING
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C. Require the owner or operator to pay for the cost of
monitoring, testing, or analysis done by outsitle agencies plus
associatecl fees of 10� for City expenses.
218.16. NOTI(:E OF SPILI6, LEARS, EXPI,OSIONS, FIRE OR ACCIDEN7.5
In the event of any spill, leak, explosion, fire, or accident, tYie
owner or operator of the facility is required, within a one (1) hour
time period, to notify the following individuals: Fire Chief,
Police Chief, Anoka County Health Department, ancl I�Tinnesota
Pollution Control Agency. Failure to report such incidents within
the one (1) hour period shall constitute a misdemeanor.
PASSID AND ADOI'PID BY TFTE CITY �DNCIL OF 7SiE CITY OP FRIDLEY THIS
12TH DAY OF MARCH, 1984.
ATi'E'„T :
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SIDNEY C. INMAN - CITY CLERK
First Reading:
Second Reading:
Publish:
2/8/3/21
October 17, 1983
March 12, 1984
Hpril 4, 1984
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WILLIAM J. NE MAYOR
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218.16
SPIIS.S� r,FAUG
EXPLQSIONS� FIRE
OR ACCIDEN7.'S
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Page 12 — Ordinance No. 801
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OFFICIAL TITLE AND SUMMIIRY
ORDINANCE N0. 801
I. TITLE
AN �tDINAN(;E RECODIFYING `IIiE E'RIDLEY CITY OODE BY ADOPPING A NEW CHAP'i'ER 218
IIVTITLID "HAZARDOUS 6dASTE QONPR�"
II. STIMMARY
Tf3E CITY QO[INCIL OF THE CITY OF FRIDLEY, MIIVNESOTA ORDAINS:
That the follaaing stmunary shall clearly inform the public of the intent and
effect of the Grdinance and shall be published in the ofiicial newspaper o£
the City.
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The City of Fridley deens it necessary to provide for the special. and
express regulation of hazardous waste storage and treatment
facilities which exist as the principal or accessoxy use in order to
protect the public health, safety and general welfare.
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The Ordinance sets out
application procedures,
other infornkztion.
III. NOTICE
the special use permit approval cri�eria,
prelimu�aty and final plan requirements and
This Title and S�nrnnary has been published to clearly inforn the public of the
intent and effect of the City oi Fridley Hazardous Plaste Control Chapter. A
co� of the Ordinance, in its entirety, is available for inspection by any
person during regular office houts at the office of the City Clerk and at the
Anoka County Li6rary, Fridley Branch.
PASSED AND ADOPTID BY THE CITY COiINCIL OF Zi3E CITY OF FRIDLEY THIS 12TEi UAY OF
@7ARCH, 1984.
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W IAI�7 J. PTCE YOR
ATTEST:
��'`C�. � -�� �--� ���
SIDNEY C. - CITY (:LERY.
First Reading: October 17, 1983
Second Reading: P4arch 12, 1983 (S�uimiaxy adopted �7arch 26, 1983)
Publish: April 4, 1984
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