Subdivision 1. Designation ordinance. (a) The district or county shall prepare a designation ordinance to implement a designation. The designation ordinance must:
(1) define the geographic area and the types and quantities of solid waste subject to designation;
(2) specify the point or points of delivery of the solid waste;
(3) require that the designated solid waste be delivered to the specified point or points of delivery;
(4) require the designated facility to accept all designated solid waste delivered to the specified point or points of delivery, unless the facility has notified waste collectors in the designated area that the facility is inoperative;
(5) set out the procedures and principles to be followed by the county or district in establishing and amending any rates and charges at the designated facility; and
(6) state any additional regulations governing waste collectors or other matters necessary to implement the designation.
(b) The designation ordinance must provide an exception for:
(1) materials that are exempt or excluded from the designation under section 115A.83 or 115A.84, subdivision 4; and
(2) materials otherwise subject to the designation for which negotiated contractual arrangements exist that will require and effect the delivery of the waste to the facility for the term of the contract.
Subd. 2. Approval. A district or county shall submit the designation ordinance, together with any negotiated contracts assuring the delivery of solid waste, to the commissioner for review and approval or disapproval. The commissioner shall complete the review and make a decision within 90 days following submission of the designation for review. The commissioner shall approve the designation if the commissioner determines that the designation procedure specified in section 115A.85 was followed and that the designation is based on a plan approved under section 115A.84. The commissioner may attach conditions to the approval.
Subd. 3. Implementation. The designation may not be placed into effect before 60 days after the approval required in subdivision 2. The effective date of the designation must be specified at least 60 days in advance. If the designation is not placed into effect within two years of approval, the designation must be resubmitted to the commissioner for approval or disapproval under subdivision 2, unless bonds have been issued to finance the facility to which the designation applies.
Subd. 4. Effect. The designation is binding on all political subdivisions, landfill operators, solid waste generators, and solid waste collectors in the designation area.
Subd. 5. Amendments. (a) Except for an amendment authorized under subdivision 6, amendments to a designation ordinance must be submitted to the commissioner for approval. The commissioner shall approve the amendment if the amendment is in the public interest and in furtherance of the state policies and purposes expressed in section 115A.02. If the commissioner finds that the proposed amendment is a substantive change from the existing designation plan, the commissioner may require that the county or solid waste management district submit a revised designation plan to the commissioner for approval. After receiving approval for the designation plan amendment from the commissioner, the county or district shall follow the procedure outlined in section 115A.85 prior to submitting the amended designation ordinance to the commissioner for approval. If the commissioner does not act within 90 days after receiving the proposed amendment to the designation ordinance, the amendment is approved.
(b) Except for an amendment authorized under subdivision 6, prior to amending an ordinance to designate solid waste to a disposal facility, a county or district shall submit an amended designation plan to the commissioner for approval, and shall follow the procedures outlined in section 115A.85.
Subd. 6. Penalties. (a) A county may include in its designation ordinance civil and misdemeanor penalties for violation of the ordinance. Subdivision 5 does not govern a designation ordinance amendment adopted under this paragraph.
(b) A county may by ordinance impose civil and misdemeanor penalties for delivery of mixed municipal solid waste to a processing or disposal facility in the county that is not a facility designated to receive the waste under a designation ordinance adopted by another county under this section.
(c) A civil penalty adopted under paragraph (a) or (b) must be payable to the county and may not exceed a fine of $10,000 per day of violation plus the cost of mitigating any damages caused by the violation and the attorney fees and court costs incurred by the county to enforce the ordinance.
1984 c 644 s 41; 1985 c 274 s 9; 1989 c 325 s 14,15; 1989 c 335 art 1 s 269; 1991 c 337 s 33,34; 1994 c 639 art 5 s 3; 1995 c 247 art 2 s 19; 1Sp2005 c 1 art 2 s 161
Structure Minnesota Statutes
Chapters 114C - 116I — Environmental Protection
Chapter 115A — Waste Management
Section 115A.02 — Legislative Declaration Of Policy; Purposes.
Section 115A.03 — Definitions.
Section 115A.034 — Enforcement.
Section 115A.06 — Powers Of Pollution Control Agency.
Section 115A.07 — Duties; General.
Section 115A.0716 — Environmental Assistance Grant And Loan Program.
Section 115A.072 — Public Education.
Section 115A.073 — Environmental Education Goals And Plan.
Section 115A.074 — Environmental Education Resource Centers.
Section 115A.075 — Legislative Policy Against Disposal Of Hazardous Waste.
Section 115A.11 — Hazardous Waste Management Plan.
Section 115A.121 — Toxics And Pollution Prevention Evaluation; Consolidated Report.
Section 115A.1310 — Definitions.
Section 115A.1312 — Registration Program.
Section 115A.1314 — Manufacturer Registration Fee.
Section 115A.1316 — Reporting Requirements.
Section 115A.1318 — Responsibilities.
Section 115A.1320 — Agency And Department Duties.
Section 115A.1322 — Other Recycling Programs.
Section 115A.1323 — Anticompetitive Conduct.
Section 115A.1324 — Requirements For Purchases By State Agencies.
Section 115A.1326 — Regulating Video Display Devices.
Section 115A.1328 — Multistate Implementation.
Section 115A.1330 — Limitations.
Section 115A.1415 — Architectural Paint; Product Stewardship Program; Stewardship Plan.
Section 115A.142 — Report To Legislature And Governor.
Section 115A.15 — State Government Resource Recovery.
Section 115A.151 — Recycling Requirements; Public Entities; Commercial Buildings; Sports Facilities.
Section 115A.152 — Technical And Research Assistance To Generators.
Section 115A.158 — Requests For Proposals; Processing And Collection Facilities And Services.
Section 115A.175 — Siting And Facility Development Authority; Limitations.
Section 115A.18 — Legislative Findings; Purpose.
Section 115A.19 — Procedure Not Exclusive.
Section 115A.191 — Voluntary Contracts With Counties.
Section 115A.192 — Request For Proposals; Stabilization And Containment Facility.
Section 115A.193 — Report On Facility Development.
Section 115A.194 — Evaluating And Selecting Sites; Permits.
Section 115A.195 — Ownership; Agreements To Manage Facility.
Section 115A.20 — Evaluating Sites.
Section 115A.28 — Final Decision.
Section 115A.30 — Judicial Review.
Section 115A.301 — Indemnifying Certain Damages Arising From Stabilization And Containment Facility.
Section 115A.31 — Local Government Decisions; Timelines.
Section 115A.33 — Eligibility; Request For Review.
Section 115A.34 — Appointing Temporary Board Members.
Section 115A.35 — Review Procedure.
Section 115A.36 — Scope And Content Of Review.
Section 115A.37 — Final Decision Of Board.
Section 115A.38 — Reconciliation Procedures.
Section 115A.39 — Judicial Review.
Section 115A.411 — Solid Waste Management Policy; Consolidated Report.
Section 115A.415 — Substandard Disposal Facilities.
Section 115A.42 — Regional And Local Solid Waste Management Planning.
Section 115A.45 — Technical Assistance.
Section 115A.46 — Regional And Local Solid Waste Management Plan; Requirements.
Section 115A.471 — Public Entities; Managing Solid Waste.
Section 115A.48 — Market Development For Recyclable Materials And Compost.
Section 115A.49 — Solid Waste Management Projects.
Section 115A.50 — Eligible Recipients.
Section 115A.51 — Application Requirements.
Section 115A.52 — Technical Assistance For Projects.
Section 115A.54 — Waste Processing Facilities.
Section 115A.541 — Plan; Grant Requirement.
Section 115A.55 — Solid Waste Reduction.
Section 115A.5501 — Reducing Packaging In Waste.
Section 115A.5502 — Packaging Practices; Preferences; Goals.
Section 115A.552 — Opportunity To Recycle.
Section 115A.553 — Collecting And Transporting Recyclable Materials.
Section 115A.554 — Authority Of Sanitary Districts.
Section 115A.555 — Recycling Center Designation.
Section 115A.556 — Materials Used For Recycling.
Section 115A.557 — County Waste Reduction And Recycling Funding.
Section 115A.558 — Safety Guide.
Section 115A.559 — Composting; Competitive Grant Program.
Section 115A.565 — Recycling; Competitive Grant Program.
Section 115A.58 — State Waste Management Bonds.
Section 115A.59 — Bond Authorization.
Section 115A.62 — Purpose; Public Interest; Declaration Of Policy.
Section 115A.63 — Solid Waste Management Districts.
Section 115A.64 — Procedure For Establishing And Altering.
Section 115A.65 — Perpetual Existence.
Section 115A.66 — Termination.
Section 115A.67 — Organization Of District.
Section 115A.68 — Registered Office.
Section 115A.70 — Designating Resource Recovery Facilities.
Section 115A.71 — Bonding Powers.
Section 115A.715 — Solid Waste Authority.
Section 115A.80 — Designating Solid Waste Management Facilities; Legislative Finding.
Section 115A.81 — Definitions.
Section 115A.82 — Eligibility.
Section 115A.83 — Wastes Subject To Designation; Exemptions.
Section 115A.84 — Designation Plan.
Section 115A.86 — Implementing Designation.
Section 115A.87 — Judicial Review; Attorney General To Provide Counsel.
Section 115A.88 — Service Guarantee.
Section 115A.882 — Records; Inspection.
Section 115A.89 — Supervising Implementation.
Section 115A.893 — Petition For Exclusion.
Section 115A.90 — Definitions.
Section 115A.902 — Permit; Tire Collectors And Processors.
Section 115A.904 — Land Disposal Prohibited.
Section 115A.908 — Motor Vehicle Transfer Fee.
Section 115A.909 — Shredder Residue; Management.
Section 115A.912 — Waste Tires; Management.
Section 115A.914 — Administration; County Planning And Ordinances.
Section 115A.915 — Lead Acid Batteries; Land Disposal Prohibited.
Section 115A.9152 — Transporting Used Lead Acid Batteries.
Section 115A.9155 — Disposing Of Certain Dry Cell Batteries.
Section 115A.9157 — Rechargeable Batteries And Products.
Section 115A.916 — Motor Vehicle Fluids And Filters; Prohibitions.
Section 115A.917 — Certificate Of Need.
Section 115A.918 — Definitions.
Section 115A.919 — County Fee Authority.
Section 115A.921 — City Or Town; Fee Authority.
Section 115A.923 — Greater Minnesota; Landfill Cleanup Fee.
Section 115A.929 — Fees; Accounting.
Section 115A.93 — Licensing; Solid Waste Collection.
Section 115A.9301 — Solid Waste Collection; Volume- Or Weight-based Pricing.
Section 115A.9302 — Waste Deposit; Disclosure.
Section 115A.931 — Yard Waste; Prohibition.
Section 115A.932 — Mercury Prohibition.
Section 115A.935 — Solid Waste Generated Outside Minnesota.
Section 115A.936 — Construction Debris As Cover Material Prohibited.
Section 115A.94 — Organized Collection.
Section 115A.941 — Solid Waste; Required Collection.
Section 115A.945 — Visible Costs; Solid Waste Management.
Section 115A.95 — Recyclable Materials.
Section 115A.951 — Telephone Directories.
Section 115A.952 — Retail Sale Of Problem Materials; Uniform Labeling And Consumer Information.
Section 115A.956 — Solid Waste Disposal; Problem Materials.
Section 115A.9561 — Major Appliances.
Section 115A.9565 — Cathode-ray Tube Prohibition.
Section 115A.96 — Household Hazardous Waste; Management.
Section 115A.961 — Household Batteries; Collection, Processing, And Disposal.
Section 115A.965 — Prohibitions On Selected Toxics In Packaging.
Section 115A.9651 — Listed Metals In Specified Products; Enforcement.