Subdivision 1. Definitions. For the purposes of this section:
(1) "origin" means a general geographical description that at a minimum names the local governmental unit within a county from which waste was collected; and
(2) "type" means a best estimate of the percentage of each truck load that consists of residential, commercial, industrial, construction, or any other general type of waste.
Subd. 2. Records; collectors; facilities. (a) Each person who collects solid waste in a county in which a designation ordinance is in effect shall maintain records regarding the volume or weight, type, and origin of waste collected. Each day, a record of the origin, type, and weight of the waste collected that day and the identity of the waste facility at which that day's collected waste is deposited must be kept on the waste collection vehicle. If the waste is measured by volume at the waste facility at which it is deposited, the record may show the volume rather than the weight of the waste.
(b) The owner or operator of a solid waste facility shall maintain records regarding the weight of the waste, or the volume of the waste if the waste is measured by volume; the general type or types of waste; the origin of the waste delivered to the facility; the date and time of delivery; and the name of the waste collector that delivered the waste to the facility.
Subd. 3. Inspection. (a) A person authorized by a county in which a designation ordinance is effective may, anywhere in the state:
(1) upon presentation of identification and without a search warrant, inspect or copy the records required to be kept on a waste collection vehicle under subdivision 2 and inspect the waste on the vehicle at the time of deposit of the waste at a facility;
(2) when reasonable notice under the circumstances has been given, upon presentation of identification and without a search warrant, inspect or copy the records of an owner or operator of a solid waste facility that are required to be maintained under subdivision 2;
(3) request, in writing, copies of records of a solid waste collector that indicate the type, origin, and weight or, if applicable, the volume of waste collected, the identity of the facility at which the waste was deposited, and the date of deposit at the facility; and
(4) upon presentation of identification and without a search warrant, inspect or copy that portion of the business records of a waste collector necessary to comply with clause (3) at the central record-keeping location of the waste collector only if the collector fails to provide copies of the records within 15 days of receipt of a written request for them, unless the time has been extended by agreement of the parties.
(b) Records or information received, inspected, or copied by a county under this section are classified as nonpublic data as defined in section 13.02, subdivision 9, and may be used by the county solely for enforcement of a designation ordinance. A waste collector or the owner or operator of a waste facility shall maintain business records needed to comply with this section for two years.
Subd. 4. Civil enforcement; venue. (a) A person who fails to comply with this section is subject to:
(1) an action to compel performance or to restrain or enjoin any activity that interferes with the requirement to keep records in subdivision 2 or the requirement to allow timely entry and inspection in subdivision 3;
(2) damages caused by the failure to keep records or by refusal to allow timely entry or inspection;
(3) a civil penalty payable to the county seeking enforcement of up to $10,000 per day for each day of refusal to allow timely entry or inspection; or
(4) any or all of the above.
(b) A county in which a designation ordinance is in effect may enforce this section by commencing an action in district court in the county in which the facility is located or in the county in which the designation ordinance is in effect. The court may compel performance in any manner deemed appropriate by the court, including, but not limited to, issuance of an order to show cause, a temporary restraining order, or an injunction. In addition, the court may order payment of damages or a civil penalty or both. In an action brought by a county to enforce this section in which the county substantially prevails, the court may order payment by the defendant of the county's costs and disbursements, including reasonable attorney fees.
1988 c 521 s 1; 1991 c 337 s 35; 1994 c 585 s 15,16
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.