Subdivision 1. License and registration required; reporting. (a) A person may not collect mixed municipal solid waste for hire without a license from the jurisdiction where the mixed municipal solid waste is collected. The local licensing entity shall submit a list of licensed collectors to the agency.
(b) A person may not collect recyclable materials for hire unless registered with the agency. If a person is licensed under paragraph (a), the person need not register with the agency under this paragraph.
(c) The agency, in consultation with the Solid Waste Management Coordinating Board, the Association of Minnesota Counties, the Minnesota Solid Waste Administrators Association, and representatives from the waste industry, shall, by July 1, 2016, develop uniform short and long reporting forms that will reduce duplicative reporting to governmental units by collectors of solid waste and recyclable materials.
(d) A collector of mixed municipal solid waste or recyclable materials shall separately report to the agency on an annual basis information including, but not limited to, the quantity of mixed municipal solid waste and the quantity of recyclable materials collected:
(1) from commercial customers;
(2) from residential customers;
(3) by county of origin; and
(4) by destination of the material.
Subd. 2. Local licensing. (a) Each city and town may issue licenses for persons to collect mixed municipal solid waste for hire within their jurisdictions.
(b) County boards shall by resolution adopt the licensing authority of a city or town that does not issue licenses. A county may delegate its licensing authority to a consortium of counties or to municipalities to license collection of mixed municipal solid waste within the county.
Subd. 3. License requirements; pricing based on volume or weight. (a) A licensing authority shall require licensees to impose charges for collection of mixed municipal solid waste that increase with the volume or weight of the waste collected.
(b) A licensing authority may impose requirements that are consistent with the county's solid waste policies as a condition of receiving and maintaining a license.
(c) A licensing authority shall prohibit mixed municipal solid waste collectors from imposing a greater charge on residents who recycle than on residents who do not recycle.
(d) The commissioner may exempt a licensing authority from the requirements of paragraph (a) if the county within which the authority is located has an approved solid waste management plan that concludes that variable rate pricing is not appropriate for that jurisdiction because it is inconsistent with other incentives and mechanisms implemented within the jurisdiction that are more effective in attaining the goals of this chapter to discourage on-site disposal, littering, and illegal dumping.
(e) In the interim between revisions to the county solid waste management plan, the commissioner may exempt a licensing authority from the requirements of paragraph (a) if the commissioner makes the determination otherwise made by the plan in paragraph (d) and finds that the licensing authority:
(1) operates or contracts for the operation of a residential recycling program that collects more categories of recyclable materials than required in section 115A.552;
(2) has a residential participation rate in its recycling programs of at least 70 percent or in excess of the participation rate for the county in which it is located, whichever is greater; and
(3) is located in a county that has exceeded the recycling goals in section 115A.551.
An exemption granted by the commissioner in the interim between revisions to the county solid waste management plan is only effective until the county solid waste management plan is revised.
Subd. 3a. Volume requirement. A licensing authority that requires a pricing system based on volume instead of weight under subdivision 3 shall determine a base unit size for an average small quantity household generator and establish, or require the licensee to establish, a multiple unit pricing system that ensures that amounts of waste generated in excess of the base unit amount are priced higher than the base unit price.
Subd. 4. Date certain. By January 1, 1993, each county shall ensure that each city or town within the county requires each mixed municipal solid waste collector that provides curbside collection service in the city or town to obtain a license under this section or the county shall directly require and issue the licenses. No person may collect mixed municipal solid waste after January 1, 1993, without a license.
Subd. 5. Customer data. Customer lists provided to counties or cities by solid waste collectors are private data on individuals as defined in section 13.02, subdivision 12, with regard to data on individuals, or nonpublic data as defined in section 13.02, subdivision 9, with regard to data not on individuals.
1Sp1989 c 1 art 20 s 8; 1991 c 337 s 42,43; 1992 c 593 art 1 s 25,26; 1993 c 351 s 23; 1996 c 470 s 12; 1Sp2005 c 1 art 2 s 161; 1Sp2015 c 4 art 4 s 111
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.