Hennepin County, MN Solid Waste Source Separation

Hennepin County, MN, US

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Type: Ordinance

Status: Adopted on 10/30/86

Source File: Click here

Text:

ORDINANCE NUMBER THIRTEEN
An ordinance regulating the separation of recyclable materials from mixed municipal solid waste by generators, before collection of such materials within Hennepin County; defining the geographic area and the types of materials subject to designation; establishing procedures and principles to be followed by the various municipalities located in Hennepin County in order to reduce the volume of solid waste generated in the County as specified herein; in order to promote the health, welfare and safety of the public pursuant to Laws of Minnesota 1969, Chapter 847, and Minn Stat. Section 473.801, et. seq.

WHEREAS, the Metropolitan Council, by state statute, has established a source-separation goal of a least sixteen (16%) percent for Hennepin County; and

WHEREAS, in accordance with Minnesota Statutes, Hennepin County is required to establish source-separation goals for each city in Hennepin County; and

WHEREAS, said sixteen (16%) percent source-separation goal is hereby established for each city in Hennepin County; and

WHEREAS, the County desires to provide financial incentives for cities to establish source-separate programs to meet their city's source-separation goals and contribute toward meeting County source-separation goals; and

WHEREAS, the County desires to establish a further inducement to cities to develop source-separation programs which meet source-separation goals by adopting a County source-separation ordinance requiring the separation of mixed municipal waste by generators, before collection, of materials which can be readily separated for use of re-use; and

WHEREAS, the County desires to support local source-separation programs by establishing a facility or facilities to receive, store, process and/or prepare for sale reuse, or otherwise dispose of recyclable materials.

The County Board of Hennepin County, Minnesota, does ordain:

SECTION I DEFINITIONS
The following words and phrases, when used in this ordinance, unless the context clearly indicates otherwise, shall have the meanings ascribed to them in this section.

Subsection 1 "Aluminum Recyclables" shall be deemed to include all disposable containers fabricated primarily of aluminum and commonly used for soda, beer, or other beverages.

Subsection 2 "Can Recyclables" shall be deemed to include all disposable containers fabricated primarily of metal or tin.

Subsection 3 "Cities" mean statutory and home rule charter cities and towns authorized to plan under sections 462.351 to 462.364.

Subsection 4 "Collection" means the aggregation of waste from the place at which it is generated and includes all activities up to the time when the waste is delivered to a "waste facility".

Subsection 5 "Collector/(s)" means any person/(s) who owns, operates or leases vehicles for the purpose of collection and transportation of any type of mixed municipal solid waste, and/or recyclables.

Subsection 6 "Compostible Material" means organic materials consisting of grass clippings, leaves and other forms of organic yard waste.

Subsection 7 "County Board" is defined as the Hennepin County Board of Commissioners and their authorized representatives.

Subsection 8 "Department" means the Hennepin County Department of Environment and Energy.

Subsection 9 "Facility" means any resource recovery facility or related Transfer Station or similar facility to which waste is required to be delivered.

Subsection 10 "Garbage" means animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

Subsection 11 "Generation" means the act or process of producing waste (as defined in Minn. Stat. Sec. 115A.03, Subd.11).

Subsection 12 "Generator" means any person who generates waste (as defined in Minn. Stat. Sec. 115A.03, Subd. 12).

Subsection 13 "Glass Recyclables" shall be deemed to include jars, bottles and containers which are transparent or translucent and primarily used for packaging and bottling of various matter.

Subsection 14 "Hauler" means a collector or transporter of recyclable materials.

Subsection 15 "Metropolitan Council" means the council established in Minn Stat. Sec. 473.

Subsection 16 "Mixed Municipal Solid Waste" means garbage, refuse and other solid waste from residential, commercial, industrial and community activities which is generated and collected in aggregate, but does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural wastes, tires and other materials collected, processed and disposed of as separate waste streams.

Subsection 17 "Municipality" means any incorporated city within the boundaries of Hennepin County, Minnesota.

Subsection 18 "Paper Recyclables" shall be deemed to include paper of the type commonly referred to as newsprint. Expressly excluded, however, are all magazines or similar periodicals.

Subsection 19 "Person" means any human being, any municipality or other public agency, any public or private corporation, any partnership, any firm, association, or other organization any receiver, trustee, assignee, agent or other legal representative of any of the foregoing or any other legal entity.

Subsection 20 "Political Subdivision" means any municipal corporation, governmental subdivision of the state, local government unit, or special district.

Subsection 21 "Recyclables Materials" means all items of refuse designated by the Hennepin County Department of Environment and Energy to be part of an authorized recycling program and which are intended for transforation, processing and remanufacturing or reuse.

Subsection 22 "Recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes.

Subsection 23 "Source Separation" means the separation of recyclable materials from mixed municipal solid waste at the source of generation.

Subsection 24 "Solid Waste" has the meaning given it in Minn. Stat. Section 116.06, Subdivision 10.

Subsection 25 "Recyclable Materials Processing Facility" means a facility established and used for the receiving, storage, preparing and/or processing of recyclable materials for sale or reuse.

Subsection 26 "Waste Tire" means a pneumatic tire or solid tire for motor vehicles as defined in Minn. Stat. 169.01. and included in the Solid Waste Management Plan pursuant to Minn. Stat. 115A.46.

SECTION II GENERAL PROVISIONS

Subsection 1 It shall be the responsibility of each municipality to adopt an ordinance or ordinances relating to the separation of recyclables within the boundaries or the municipality, the purpose of said ordinance being to reduce the amount of solid waste generated within the municipality by at least 16% during calendar year 1990 which is an amount established by the Metropolitan Council and adopted by the Hennepin County Board as set forth in Hennepin County Solid Waste Master Plan.

Subsection 2 The implementation and enforcement of said ordinance shall be the responsibility of each respective municipality. If a municipality should fail to implement a program by January 1, 1988, or implement a program which fails to meet the 16% waste reduction percentage during calendar year 1990, as set forth in Subsection 1, the provision appearing in Section V of this ordinance shall come into effect. This ordinance shall not prohibit a municipality or municipalities from entering into agreements relating to any facet of source separation of recyclables.

SECTION III REPORTING REQUIREMENTS

Subsection 1 Each municipality shall report all information relating to waste generation, collection and disposal within its boundaries to the Hennepin County Department of Environment and Energy. Such information shall include but not be limited to; data on tonnage generated in the municipality, data on recyclable materials generated and collected within the municipality, and such additional information as is requested by the Department of Environment and Energy. Such information shall be shall be provided on an annual basis by or on March 1st of each year, or as otherwise directed by the Department of Environment and Energy.

SECTION IV MUNICIPAL FAILURE TO MEET STANDARDS ESTABLISHED IN SECTION II
If any municipality fails to establish or implement a source-separation ordinance as provided in SECTION II, or fails to meet the percentage level of waste reduction as established by the County Board, the County Board may implement a source-separation program which includes source separation provisions as provided in section V, within the boundaries of said municipality. If such a program is implemented it shall be enforced upon all persons residing in said municipality. This ordinance shall be applicable to all municipalities, unincorporated areas, and political subdivisions within the geographical boundaries of Hennepin County Minnesota.

SECTION V SOURCE SEPARATION PROVISIONS
The County Board may implement any of the provisions contained in this section within the boundaries of a municipality, if said municipality fails to meet the requirements established in section II of this ordinance.

A. PRE-COLLECTION AND COLLECTION

Subsection 1 Pre-collection. All persons who are owners, lessees, and occupants of any building, commercial or residential, within Hennepin County, which generates mixed municipal solid waste, shall separate from all solid waste the designated recyclable material before disposal, removal or collection:

• a. Paper recyclables, which shall be bundled separately and/or secured in such a manner as to prevent them from being blown or scattered, and shall be maintained in a dry condition free of any other substance and shall not be placed in plastic bags.
• b. Aluminum recyclables shall be clean of all contents and such recyclables shall not be placed in plastic bags.
• c. Glass recyclables shall be clean of all contents. Caps, lids and all metal shall be removed prior to collection and such recyclables shall not be placed in plastic bags.
• d. Can recyclables shall be clean of all contents. Can recyclables shall not be placed in plastic bags.

All aluminum, glass and can recyclables shall be placed into containers and not mixed with other forms of solid waste or mixed municipal solid waste in a manner consistent with the rules, regulations and procedures adopted by the County Board.

Subsection 2 Container Requirements: Containers shall be provided by all persons who are owners, lessees, or occupants of any building, commercial or residential, and shall be:

• a. maintained in a clean and sanitary condition in accordance with all pertinent health statutes, ordinances, rules and regulations;
• b. located in such manner so as to prevent them from being overturned or obstructing pedestrian or motor vehicle traffic or being in violation of any statute, ordinance, rule or regulation; and
• c. adequate and substantial enough to contain the recyclables therein.

Such further specifications relating to containers may be adopted by the County Board.

Subsection 3 Collection: The collection, removal and disposal of recyclables shall be supervised by the County Board, which shall have the power to establish the time, method and routes of service. Special times for large item pick-up may also be established. Collection provisions shall include but not be limited to the following:

• a. Notice of dates and times of collection will be published or otherwise made available to persons affected herein.
• b. The Department may establish drop-off or collection sites where any person may deposit recyclables at such times and locations as determined.
• c. It shall be unlawful for any person other than employees of the Department, or authorized persons, collectors or haulers to distribute, collect, remove or dispose of recyclable materials after said materials have been placed or deposited for collection.
• d. Nothing in this Ordinance shall abridge the right of any person to give or sell their recyclable materials to any recycling program lawfully operated for profit, non-profit or charitable purposes.
• e. Nothing in this Ordinance shall abridge the right of any authorized recycling program to lawfully operate within Hennepin County, subject to such other licenses or other regulations as may be required by law.
• f. It shall be unlawful for a person to collect, remove or dispose of mixed municipal solid waste which consists of recyclables combined with other forms of mixed municipal solid waste.

B. VIOLATION AND PENALTY

Subsection 1 Misdemeanor. Any person who fails to comply with the provisions of this ordinance may be charged with a violation not exceeding a misdemeanor and upon conviction shall be punished as provided by law. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.

Subsection 2 Remedies Cumulative. No remedy set forth in this Ordinance for violation of this Ordinance is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Ordinance or now or hereafter existing at law or in equity or by statute. No delay in the exercise of any remedy for any violation of this Ordinance shall later impair or waive any such right or power of the County.

Subsection 3 Injunctive Relief. In the event of a violation or a threat of violation of this Ordinance, the County may institute appropriate actions or proceedings including application for injunctive relief, action to compel performance or other appropriate action to prevent, restrain, correct or abate such violations or threatened violations.

Subsection 4 Costs and Special Assessments.

• a. If a Hauler or any Person within said County collects or disposes of recyclables in violation of this Ordinance, the County may take the necessary steps to correct such violations and the costs thereof may be recovered in a civil action in any court of competent jurisdiction or, at the discretion of the County Board, the costs may be certified tot he County Auditor as a special tax against the real property owned by such hauler or person.
• b. If any municipality, unincorporated area, or political subdivision within the geographical boundaries of Hennepin County fails to meet the requirements established in Section II of this ordinance, the County Board, to the extent that it has assumed the responsibilities that the local unit has failed to assume pursuant to Section II, may seek reimbursement in any court of competent jurisdiction, for all costs, expenses and expenditures which the County has incurred incident to the adoption, implementation, administration and enforcement of a source-separation ordinance within the boundaries of a local unit.

C. ENFORCEMENT

Subsection 1 Warnings. The Department or any of its duly authorized representatives and collectors and haulers of recyclables, may issue a warning notice to any person observed not in compliance with any provision of this Ordinance.

• a. The warning notice shall be on such form(s) as provided by the Department.
• b. Forms shall be provided to collectors and haulers who may issue such warning notices by placing or attaching them to waste containers or on the premises where the violation occurs.
• c. A copy of any warning notice as issued by a collector or hauler shall be forthwith sent to the Department.

Subsection 2 Collection Refusal. A collector or hauler may, upon issuance of a warning notice for noncompliance, not accept for collection the noncomplying waste materials.

Subsection 3 Costs for Compliance. A collector or hauler may, upon issuance or a warning for noncompliance, undertake to render any noncomplying recyclables placed for collection to be in compliance and a reasonable fee for undertaking shall be allowed and reported to the Department. The Department may certify the fee as costs to the County Auditor as a special tax to be assessed against the real property of the person in noncompliance.

Subsection 4 Citations. The Department or any of its duly authorized representatives shall have the power to issue citations for violations of this Ordinance, but this shall not permit such representatives to physically arrest or take into custody any violator except on warrant duly issued.

• a) Form of Citations: Citations shall contain at least the following:

(1) The name and address of the person charged with the violation or the owner or person in charge of the premises at which the violation occurs.

(2) The date and place of the violation.

(3) A short description of the violation followed by the section of this Ordinance violated.

(4) The date and place at which the person receiving the citation shall appear and a notice that if such person does not respond, a warrant may be issued for such person's arrest.

(5) The name of the person issuing the citation.

(6) Such other information as the Court may specify.

• b) Issuance of Citations: Whenever any representative of the Department discovers any violation of this Ordinance, he may issue a citation to the person alleged to have committed the violation and such citation shall be in the form specified in paragraph A) of this subsection. Such citation shall be made out in quadruplicate (4). One copy thereof shall be issued to the person alleged to have committed the violation; one copy shall be filed with the Department; two copies thereof shall be filled with the County Ordinance Violation Bureau [hereinafter referred to as Bureau].
• c) Issuance: The citation shall be issued to the person charged with the violation, or in the case of a corporation or municipality, to any officer or agent, expressly or impliedly authorized to accept such issuance.
• d) Appearance: After the issuance of the citation and within such time as shall be fixed by court rule, the person charged with the violation shall report to the Violations Bureau.
• e) Complaint: If the person charged with the violation does not appear at the Bureau within the time specified by court rule, the Bureau shall send him a notice directing him to respond to the citation within seven days of the date of notice and if such person fails to respond, the Bureau shall cause a complaint to be signed and a warrant to be issued for the arrest of such person to compel his appearance in court.

SECTION VI SEPARABILITY
It is hereby declared to be the intention of the County Board that the several provisions of this ordinance are separable in accordance with the following:

Subsection 1 If any court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgment shall not affect any other provision of this ordinance not specifically included in said judgment.

SECTION VII PROVISIONS ARE ACCUMULATIVE
The provisions of this Ordinance are accumulative to all other laws ordinances and regulations heretofore passed, or which may be passed hereafter, covering any subject matter in this Ordinance.