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03/14/1989 - Solid Waste Abatement Commission
M E E T I N G N O T I C E The Eagan Solid Waste Abatement Commission will hold a Regular Meeting beginning at 11:30 a.m. on Tuesday, March 14, 1989 in Eagan Municipal Center Conference Rooms A & B 3830 Pilot Knob Road, Eagan, Minnesota Packet materials will follow for Commission Members. For more information about this meeting, please call Jon Hohenstein at 454 -8100. AGENDA SOLID WASTE ABATEMENT COMMISSION EAGAN, MINNESOTA EAGAN MUNICIPAL CENTER CONFERENCE ROOMS A i&)B TUESDAY MARCH 14, 1989 11:30 A.M. ROLL CALL AND ADOPTION OF AGENDA II. APPROVAL OF MINUTES L III. STAFF REPORT A. Introduction of Recylcing Specialist B. Curbside Implementation Update C. Legislative Update D. Dakota County Recycling Day Promotion E. Eagan Clean -Up Day Promotion IV. OLD BUSINESS V. NEW BUSINESS A. Dakota County Source Separation Ordinance B. Joint City- County Household Hazardous Waste Collection G^° VI. OTHER BUSIN VII. DISTRIBUTION VIII. NEXT MEETING 0 IB. ADJOURNMENT 1 MEMO TO: CHAIRS MANN AND NOEL AND ALL MEMBERS OF THE SOLID WASTE ABATEMENT COMMISSION FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: MARCH 10, 1989 SUBJECT: EAGAN SOLID WASTE ABATEMENT COMMISSION MEETING OF MARCH 14, 1989 A regular meeting of the Eagan Solid ste Abatement Commission will be held on Tuesday, Piarch 14, 1989 at 11:30 a.m. in the Eagan Municipal Center Conference-Rooms A and B. The City will provide a box 1Nnch commission members requesting one by noon, Monday, M rch 13. 'Please contact Jon Hohenstein or Jane Helebran at 45470100 to indicate whether you will attend and your luncheon -- preference. I can't say often enough that this is very important so that we only purchase lunches for those who are going to attend. I. ROLL CALL AND ADOPTION OF AGENDA The agenda, as presented or modified, requires adoption by the commission. II. APPROVAL OF MINUTES A copy of t whlute ;� the Solid Waste Abatement ommission meeting o February 14, 1989 is enclosed on pages (p -W for your review. hese minutes s1ribject to any change, require approval by the Comma 'an. III. STAFF REPORT A. Recycling Specialist - -The City has recently hired a contract Recycling Specialist who will be working for the City for the balance of 1989. She is Kris Hageman. She will be introduced to the Commission at Tuesday's meeting. In future weeks, she will be increasingly involved in the City's solid waste abatement effort and commission activities. B. Curbside Implementation Update - -By the time of the meeting, the first Monday collection of recyclables will have occurred in the City of Eagan. Container distribution has been underway since February 27 and it is anticipated that all containers will be delivered by the weekend preceding March 13. Staff has been in contact with the City's haulers about its licensing requirements and the deadlines for completion of certain activities. Generally, community comment in regard to the HERO program has been very positive and the program is already beginning to develop an identity of its own. Staff will provide additional updates and respond to commission questions at the meeting on Tuesday. i C. Legislative Update -- Enclosed on pages 1 — 1l your will find a bill before the le islature introduced by Senator Lessard and also on pages ao " you will find a copy of the bill prepared by the Governor's Select Committee on Recycling in the Environment (SCORE) being sponsored by Senator Merriam and Representative Munger. The bills are very similar with the exception that the Lessard bill goes slightly further in terms of responsibilities of counties to ensure an opportunity to recycle. As we may have discussed in the past, one of the commission members, Larry Knutson, served on SCORE and I'm sure many of the ideas discussed by the Commission have found their way into the SCORE bill. One of the fundamental additions of the SCORE bill is to recognize mechanical or hand separation within the definition of recycling. This would permit a facility like Reuter's be used as a means of achieving abatement goals. At the present time, neither bill has been reported out to the full legislature for consideration. These items are for your information only. It may be appropriate for the Commission to take action in support of certain aspects of the legislation if members feel strongly in that regard. Absent that, staff will pay close attention to these bills and generally represent the policy of the Commission as the bills evolve and come forward to consideration. D. Dakota County Recycling Day Promotion - -At the present time Dakota County is considering the development of a county recycling day promotion to be held in early May. The idea would be to combine activities in all cities with an overall county umbrella activity which would highlight and reinforce recycling. Staff will be working with the county in considering activities of this kind and will report back to the Commission if anything develops. E. Eagan Clean -Up Day Promotion -- Coincidentally, Mayor Ellison has developed an idea for an Eagan Clean -Up Day. This could coincide rather nicely with the Dakota County promotion. Unlike the clean -up promotions the City has done in the past, it is the Mayor's intent to sponsor service organizations in the clean up of road sides, parks, known dumping locations, etc., and to then host a luncheon following the activity either at City Hall or one of the parks. Knutson Rubbish has already volunteered to accept the materials which are cleaned up in these various locations and . staff is in the process of contacting various organizations to ■ �.� enlist their participation. Ab f /et., IV. OLD BUSINESS % v \ There is no old business at this time. � ■ V. NEW BUSINESS A. rota County Source Separation Ordinance -- Enclosed on pages '� you will find correspondence from Jeff Connell of the Dakota County Planning and Program Management Department covering an amendment to Ordinance No. 115 concerning solid waste source separation being considered by Dakota County. The public hearing for consideration will occur prior to the Commission meeting on Tuesday morning at 9:00 a.m.. However, it appears that the public record will be open for additional comment which the Commission may consider at its meeting on Tuesday. Staff would recommend that the Commission consider making a comment regarding the following: 1. Sections 102.13 and 102.18 defined residential and multi unit residential buildings. The cutoff between these definitions is at 7 units per building. Staff has discovered in the process of container distribution frequently centralized containers or dumpsters begin to occur in fourplex units and are virtually standard for buildings greater than four units per building. Therefore, programs which may define different requirements for residential and multi unit residential would be more appropriately divided at that level. As currently defined, county requirements and the practical application of programs may differ. 2. Section 401 described triggering conditions for county implementation of additional requirements. It reserves the right for the county to require mandatory residential / and commercial recycling for the entire county in the event that the county fails to meet its recycling goals \ for any year beginning in 1990 or thereafter. Staff is \ concerned about county mandates for the entire county if certain portions of the county, namely individual cities, are meeting or exceeding their individual goals. Staff indicates that it would be highly unlikely for the county board to extend requirements if a city is meeting its goals but staff believes that local governments would feel more comfortable if that were not a possibility. In addition, it is the intent of this subsection to be 1 the triggering mechanism for subsections 402 and 403. Staff believes that the final sentence of 401 should be 4 clarified that mandatory residential recycling and requirements to the haulers are not a portion of the current ordinance but may be added in the future. 3. Section 502 makes it illegal for residents to place yard wastes in mixed municipal solid waste and implies a need for some agency to enforce these requirements against individual homeowners. Likewise, in the event that mandatory recycling were implemented for any reason, such 3 enforcement is implied for someone. It is staff's contention that as the requirements would be forthcoming as a consequence of county action, the county would also appropriately be the enforcing agent. 4. Section 503 likewise makes it illegal for haulers to accept yard waste and mixed municipal solid waste after August 1, 1989 or recyclables in mixed municipal solid waste in the event that mandatory recycling should occur. Again, it is staff's contention that county requirements require county enforcement and that the county be put on notice that cities should not be required to be the enforcing agent of these additional requirements. ✓ACTION TO BE CONSIDERED ON THIS ITEM: To recommend for Council action comments concerning the County Source Separation Ordinance as presented or modified. B. Joint City - County Household Hazardous Waste Collection- - Staff has been contacted by George Kinney by Dakota County Public Health who is requesting that the City again sponsor a household hazardous waste collection in concert with the county. At the present time, Mr. Kinney is recommending September 9, 23 or October 7 or October 14 as possible dates. This event has been budgeted within the City's application to Dakota County. It would be appropriate for the Commission to take action to direct staff to pursue this matter with Mr. Kinney. ACTION TO BE CONSIDERED ON THIS ITEM: To recommend authorization of a joint city - county household hazardous waste collection to be held in September or October of 1989 and to direct staff to cooperate with the county in developing such a program. VI. OTHER BUSINESS There is no Other Business at this time. VII. DISTRIBUTION Enclosed in your packets are the following materials: 1. On pages through you will find copies of newspaper arti les pertaining to the beginning of the City's recycling program. The program has received excellent coverage and will be featured in the community section of the Minneapolis Star and Tribune Community Section on Thursday, March 9, 1989. The St. Paul Pioneer Press and Dispatch has also been contacted concerning this story and at this time staff is uncertain as to when or if a story will appear. 2. Als enclosed in your packets on pages SD > is a copy of the Dakota County recycling update newsletter. 3. Enclosed in your packets on pages are two articles concerning the proposed siting of the Dakota County Resource Recovery Facility and its relationship to the Koch Refinery. As has been discussed by the Commission in the past, the Minnesota Pollution Control Agency and other parties have expressed considerable concern about these facilities being so close together. As a consequence, the county is now considering a location along Highway 52 south of Coates and one just south of County Road 58 in Vermillion Township. 4. Finally, enclosed without page number is a list of committee and commission phone numbers for your use. If we are absent a number for a new member or if your number is incorrect, please contact staff for a correction. VIII. NEXT MEETING The next meeting of the Solid Waste Abatement Commission will be on Tuesday, April 11, 1989 at 11:30 a.m. Please mark your calendars for that meeting. IX. ADJOURNMENT The meeting will adjourn at or about 1:00 p.m. Assi - ant to the City Administrator • Subject to Approval MINUTES OF THE SOLID WASTE ABATEMENT COMMISSION Eagan, Minnesota February 14, 1989 A regular meeting of the Eagan Solid Waste Abatement Commission was held on Tuesday, February 14, 1989 at 11:30 am, at the Eagan Municipal Center. The following members were present: Schnell, Ista, Knutson, Milbridge, Tritz, Bahr, Gatz and Mann. Absent were Nordby, DeBilzan and Hoel. Also present were City Administrator Hedges, Administrative Assistant Hohenstein, Administrative Intern Mundahl, the hauling industry and public. AGENDA Upon the motion by Knutson, seconded by Ista, all members voting in favor, the agenda for the meeting was approved as presented. MINUTES Upon the motion by Bahr, seconded by Ista, all members voting in favor, the minutes of the December 13, 1988 meeting were approved as presented. CURBSIDE RECYCLING IMPLEMENTATION Hohenstein reviewed the past recyclable drop off support levels. In 1988 Eagan drop off programs accounted for roughly 450 tons of recyclables which resulted in the payment of $1,850. Staff recommend that the commission consider a 1989 support level consistent with the previous programs to encourage these drop off facilities to continue to be active as an alternative for multi family units not currently covered by curbside programs and for others who have established drop off habits. One qualifier to this support level, should be that it is eligible only for materials for individual collectors and will not be duplicative of the $20 per ton previously approved for haulers. Upon the motion by Bahr and seconded by Ista, the drop off support level should be set at $4.00 and not to exceed $2,000.00 without action by commission. Questions were raised about the amount and about double payment problems. After considerable discussion, and the acceptance of a friendly amendment by Bahr and Ista to set the payment level to $5.00 and not to exceed $2,500.00 without action by the commission, and to be monitored (1, quarterly. All members voting in favor, the additional support level for drop off and redemption centers located in the City of Eagan was approved. RECYCLABLE TONNAGE DOCUMENTATION PLAN Hohenstein presented an example of a tonnage summary form which is require by the City of Eagan to provide accurate volumes to Dakota County. Staff would recommend a modification of these forms to fit the immediate needs of the City. In addition to the information listed, staff would further recommend that quantities be requested for cubic yards of yard waste, number of households participating and a definition of participation, and an indication of total tonnage of regular refuse from Eagan residents. The purpose of this information would be to not only determine the total amount of recyclables but also the number of households participating and the size of the waste stream from which the recyclables were taken. This will give a clear indication of what percentage of residential waste Eagan is recycling rather that comparing our tonnage figures against the estimates provided by the county. Upon the motion by Bahr and seconded by Schnell, to approve staff's recommendation for documentation including, 1) quantities and weight tickets for recyclables, 2) quantities in cubic yards of yard waste, 3) number of households participating and total number of recycling people, and 4) an estimate of total regular refuse from Eagan households. With all member voting in favor, this motion was passed. RECYCLABLE CONTAINERS Hohenstein informed the commission that the City of Eagan is storing the containers at Yankee Place in a warehouse. Hohenstein also showed examples of the recycling containers. CONTAINER DISTRIBUTION PLAN Staff is current reviewing different alternative distribution plans for the recycling containers. Since they arrived earlier than we excepted, we could not simply distribute them from the semi trucks as originally plan, however we are working with the haulers and other special interest groups who would help deliver containers. H.E.R.O. PROGRAM PROMOTIONS Hohenstein informed the commission that we are anticipating the delivery of promotional materials for the Eagan recycling program of Friday. H.E.R.O. stands for Here's Eagan's Recycling Opportunity. Also other promotional items are under consideration. RECYCLING SPECIALIST Hohenstein mention to the Comission, that the Recycling Specialist will be on board in early March. Kris Hagemann is her name. NEXT MEETING The next regular meeting of the Solid Waste Abatement Commission will be on Tuesday, March 14, 1989 at 11:30 am in the Eagan Municipal Center. ADJOURNMENT Upon the motion by Knutson and seconded by Milbridge, the meeting was adjourned. DLM Date Chair Secretary • .'� • 01/09/89 [REVISOR ) CNR /AP 19 -0732 Introduced by Zs88i ;. Cabe, Manisa, S.P. No. es Benson. R. Peterson January 12, 1989 Campanian N.P. No. Inferred to Committee ea ENVIRONMENT 1 NATURAL RESOURCES Reproduesd by PHILLIPS LEGISLATIVE SERVICE • \\. 1 A bill for an act 2 relating to environment; requiring counties to provide 3 an opportunity to recycle; requiring transportation of 4 recyclable materials to processing and markets; 5 requiring haulers of solid waste and recyclable 6 materials to be licensed by local governments; • 7 requiring a charge for solid waste collection on a 8 volume basis; providing financial assistance to 9 counties for collection, transportation, processing, 10 handling, and secondary market development of 11 recyclable.; imposing ees for land dim - = y 12 waste; assessing e clin fees to property of .slid - 13 based on generation of solid vaste; 14 recycling and waste reduction prograa for use in 15 schools; establishing a recycling account; requiring 16 public agency purchase of recycled materials; 17 reviewing barriers to recycling in public buildings; 18 prohibiting incineration and land disposal of 19 recyclable materials; prioritising incineration and 20 land disposal of waste; authorising local governments 21 to prohibit and remove unauthorised deposit of solid 22 waste; providing a plan for processing and disposal of 23 solid waste problem Materials; appropriating money; 24 amending Minnesota Statutes 1988, sections 161.61, by 25 adding a subdivision; 11SA.919; 115A.95; 368.01, 26 subdivision 14; 375.19, by adding a subdivision; and 27 412.221, subdivision 22; proposing coding for any law 28 in Minnesota Statutes, chapters 168 and 11SA. • 29 •E IT ENACTED 8Y TUE LEGISLATURE OF TIE STATE OF MINNESOTA: 30 STATE PROCUREMENT OF RECYCLED MATERIALS 31 Section 1. [168.121) [PURCSASE OP RECYCLED, REPAIRABLE, 32 AND DURABLE MATERIALS.) 33 Subdivision 1., [RECYCLED MATERIALS.) Notwithstanding any 34 other law, state agencies shall purchase recycled materials when 35 pDecifications allow use of the recycled materials and the price 36 does not exceed the price of nonrecycled materials by More than 37 ten percent. If possible, state agencies should purchase 1 01/09/89 (REVISOR ] CMR /AP 09 -0732 1 materials recycled from waste generated in this state. For 2 purposes of this section, recycled materials include paper and 3 paper products. 4 pubd. 2. (DURABLE AND REPAIRABLE MATERIALS.) The - 5 commissioner of administration shall research and establish an 6 expanded life cycle costing system for procurement of durable 7 and repairable items. The commissioner shall use the system in S state procurement and provide a model for use by political 9 subdivisions. _ 10 Sec. 2. Minnesota Statutes 1988, section 168.61, is 11 amended by adding a subdivision to read: 12 Subd. 6. (RECYCLING SYSTEMS IN PUBLIC BUILDINGS.] The 13 commissioner of administration and the commissioner of public 14 safety shall review the availability of the opportunity to 15 recycle in public buildings, including those in the capitol 16 area, and address barriers to recycling systems that may be 17 caused by building, safety, and fire codes and historical 18 preservation. The commissioners shall prepare a biannual report _ r 19 on the barriers to recycling systems and the progress in 20 overcoming the barriers and submit it to the legislative 21 emission on waste management by November 1 of each 22 even - numbered year. 23 OPPORTUNITY TO RECYCLE 24 Sec. 3. (115A.9163] (OPPORTUNITY TO RECYCLE.] 4)111)-' 25 Subdivision 1. (COUNTY REQUIREMENT.) Counties shall ensure 26 that residents have an opportunity to recycle. At least one 27 recycling center shall be available in each county. Opportunity • 28 to recycle means availability of recycling and curbside pickup 29 or collection centers for recyclable materials at sites that are 30 convenient for persons to use them. Counties shall also provide 31 for the recycling of problem materials and white goods, such as 32 refrigerators, freezers, stoves, washers, dryers, and other 33 large appliances. 34 ¢ubd. 2. (RECYCLING OPPORTUNITIES.] An opportunity to 35 recycle must include: 36 (1) a local recycling center in the county and sites for 2 l O 01/09/89 (REVISOR ] CMR /AP $9 -0732 1 collecting recyclable materials that are located in areas 2 convenient for persons to use them; and 3 (2) curbside pickup, centralised dropoff, or a local 4 recycling center for at least three kinds of recyclable 5 materials in cities with • population of 5,000 or more persons; s and 7 (3) monthly pickup of at least three recyclable materials 1 in cities of the first and second class and cities with 5,000 or 9 more • -• lation in the m.rtr-- -litan area. 10 Subd. 3. (RECYCLING INFORMATION, EDOCATION, AND 11 PROMOTION.] (a) Each county shall provide information on how, 12 when, and where materials may be recycled, including a 13 promotional program that publishes notices at least once every 14 three months and encourages source separation of residential, 15 commercial, industrial, and institutional materials. 16 (b) The agency board shall develop materials for counties 17 to use in providing information on and promotion of recycling. • • 18 Sec. 4. (115A.9164) (SCHOOL RECYCLING AND WASTE REDUCTION , 19 PROGRAM.] 20 The agency board and the commissioner of education shall 21 develop a model school program for schools to incorporate waste 22 reduction, recycling, and litter reduction. The commissioner of 23 education shall provide materials to schools to encourage them 24 to actively participate in waste reduction, recycling, and 25 litter reduction. 26 Sec. S. (115A.9165] [COLLECTION AND TRANSPORTATION OF 27 RECYCLABLE MATERIALS.] 28 Subdivision 1. (COLLECTION CENTERS AND TRANSPORTATION 29 REWIRED.] Each county must ensure alone or in conjunction with 30 other counties that materials separated for recycling are taken 31 to markets for sale or to recyclable material processing centers. 32 Subd. 2. (LICENSING OF RECYCLABLE MATERIALS 33 COLLECTION.) Counties may require county or municipal licenses 34 for collection of recyclable materials. 35 Subd. 3. [TRANSPORTATION SYSTEMS.] The agency board and 36 the commissioner of transportation shall develop an efficient 3 01/09/89 [REVISOR J CMR /AP 89 -0732 1 transportation system for recyclable materials to reach markets 2 and processing centers that may be used by counties. The system 3 may include regional collection centers. 4 Subd. 4. [HIGHWAY SIGNS.] The commissioner of 5 transportation shall design standardised highway road signs for 6 recycling centers. The road signs may be used on all roads 7 within the state. 8 Sec. 6. (115A.9166J (AUTHORITY OF SANITARY DISTRICTS.) 9 A sanitary district. has the authority and duty of counties 10 within the district's boundary for purposes of sections 3, 7, 8, 11 10, 14, and 115A.919. 12 REVENUE FOR RECYCLING PROGRAMS 13 Sec. 7. Minnesota Statutes 1988, section 115A.919, is 14 amended to read: 15 115A.919 [eewNTY- PEE- A8'eneRPTY SOLID WASTE DISPOSAL FEES.) Subdivision 1. [STATE RECYCLING FEE.] A state DLII 1 fee of Si per cubic yard or its equivalent of waste, including (i t ,f .X8 ash, is imposed by the state on mixed municipal solid waste 19 accepted by operators of disposal facilities. - 20 Subd. 2. [COUNTY LANDFILL ABATEMENT FEE.] A county say 21 impose a fee, by cubic yard of waste or its equivalent, 22 on epereters- ef- feeilftfes -fer- the- dispesaI-ef mixed municipal 23 solid waste accepted by operators of disposal facilities located 24 within the county. The fee gay be reduced for resource recovery 25 facility waste as provided in subdivision 5. The revenue from 26 the fee must be used for the purposes described in subdivision 4. 27 Subd. 3. [COLLECTION OF FEES.] (a) The fee under 28 subdivisions 1 and 2 shall be collected by an operator of a 29 disposal facility and is in addition to the city or town fee 30 imposed under section 11SA.921. 31 (b) The operator of a facility for the disposal of mixed 32 municipal solid waste shall collect the state fee and the fee 33 imposed by counties under subdivisions 1 and 2. At least once 34 per month the operator of the disposal facility shall: 35 (1) remit the state fee collected to the commissioner of 36 revenue; 4 01/09/89 (REVISOR ) - CWR /AP 89 -0732 1 (2) remit the fee collected under subdivision 2 to the 2 county treasurer of the county where the facility is located; 3 and 4 (3) report the amount of solid waste that was collected by 5 the facility to the commissioner of revenue and the county 6 treasurer if a county fee is imoosed. 7 (c) The state fee received by the commissioner of revenue 8 shall be deposited in the state treasury and credited to the 9 recycling account estabaashed under subdivision 6. 10 Bubd. 4. (USE or cm= •) The revenue from the county 11 fees shall be credited to the county general fund and shall be 12 used only for landfill abatement purposes, or costs of closure, 13 postclosure care, and response actions or for purposes of 14 mitigating and compensating for the local risks, costs, and 15 other adverse effects of facilities. 16 Sub d_5• (SUCTION OF COUNTY FEE FOR RESOURCE RECOVERY 17 FACILITY WASTE.) Waste residue from energy and resource recovery { 18 facilities at which solid waste is processed for the purpose of 19 extracting, reducing, converting to energy, or otherwise 20 separating and preparing solid waste for reuse shall be exempt. 21 from one -half the amount of the fee imposed by a county 22 under th4s- seetion subdivision 2 if there is at least an 85 23 percent volume reduction in the solid waste processed. Before 24 any fee is reduced, the verification procedures of section 25 473.843, subdivision 1, paragraph (c), must be followed and 26 submitted to the appropriate county. 27 Sub d. 6_ (USE OF STATE FEE.) (a) A recycling account is 28 established as an account in the state treasury. 29 (b) Revenue from the state recycling fee coliected'under 30 subdivision 3 shall be deposited in the state treasury and 31 credited to the recycling account. 32 •(c) The agency shall allocate money in the recycling 33 account after reviewing the recommendations of the statewide 34 county recycling advisory board for: 35 (1) distribution to counties in the form of grants and cost 36 share for handling, processing, and transportation of recycled • 5 1� 01/09/89 (REVISOR 3 CAR /AP 89 -0732 1 materials; 2 (2) secondary recycling market development ; 3 (3) subsidisation of curbside pickup and collection of 4 recycled materials; and S (4) establishment of regional centers to facilitate 6 collection, handling, storage, processing, and transportation of 7 recycled materials. 8 (d) A county is not eligible to receive giants, loans, or 9 cost share money from the state recycling account unless, in 10 addition to the state fee, a recycling service fee is charged as 11 provided by section 8 and the county provides the board with a 12 plan and evidence of how it is providing the opportunity to 13 recycle. 14 (e) Roney in the recycling account may be used to provide 15 assistance to private business entities where possible to 16 accomplish the goals of providing a statewide opportunity to 17 recycle. 18 Subd. 7. [STATEWIDE COUNTY RECYCLING ADVISORY BOAARD.] A 19 statewide county recycling advisory board is established 20 consisting of 15 members. The members shall be county board - 21 members or their designees appointed by the chair of the 22 agency. The terms, compensation, and removal of members is 23 governed by section 15.059, but the advisory board shall exist 24 until terminated by other law. 25 Sec. 8. (115A.920) [COUNTY RECYCLING SERVICE FEE.] 26 Subdivision 1. (AUTHORITY.) (a) Each county shall charge a 27 recycling service fee based on an estimate of the amount of 28 waste generated by-the entity paving the fee. Each county shall 29 conduct a four- season waste composition study to make its 30 estimate. 31 (b) The recycling service fee shall have the structure 32 outlined in subdivision 2 unless the county has previously 33 adopted a recycling service fee based on the amount of waste 34 generated by the entity paying the fee. 35 (c) The recycling service fee may be billed, collected, and 36 enforced in the same manner as a charge for solid waste 6 01/09/89 (REVISOR ) CHR /AP 89 -0732 1 management services under section 400.08, subdivisions 3 and 4. 2 Subd. 2. (!EE STRUCTURE.] (a) A recycling service fee 3 shall be based on the volume of solid waste generated for 4 residential and nonresidential use of property and as provided 5 in this subdivision. 6 (b) Household fees shall be charged to owners of property 7 in household residential use and may not exceed $10 per rear. 8 Household fees may be reduced for apartment dweller use to 9 one -half of the amount ...iarged for household residential use. 10 (c) Commercial and industrial property fees shall be 11 charged to property in nonresidential use. The fees shall be 12 charged on the basis of at least three different rates in 13 proportion to the amount of waste generated by each rate 14 category. The rate for the first category may not exceed $200 15 per year. An intermediate category must have a rate that does 16 not exceed $500 per year. The rate for the highest category may 17 not exceed $3,500 per year. The rate categories must be based ( 18 on lot or parcel size, building size, and type of property use 19 and the percentage of solid waste generated by nonresidential - 20 properties based on the historical or other estimates of waste 21 generation in the county. 22 (d) Property used and owned by the state and its political 23 subdivisions is subject to the recycling service fee, which must 24 be accounted for in the agency's or political subdivision's 25 budget. 26 (e) Unimproved land that is not generally used by persons, 27 such as land used only for agricultural production, used only 28 for forest production, or that is natural habitat without 29 designated recreation use, is exempt from the recycling service 30 fee. 31 Subd. 3. (APPEAL.] A property owner that is charged a 32 recycling service fee under this section may appeal the amount 33 of the fee charged to the county board. The property owner must 34 file a petition for appeal on a form provided by the county 35 board. The county board shall review the charge and determine { 36 the appropriate rate category for the property based on the 7 • lS 01/09/89 (REVISOR ) CMR /AP 89 -0732 1 amount of waste generated. 2 pubd. 4. (USE OF REVENUE.) Revenue from the recycling 3 service fee must be used to provide county residents an 4 opportunity to recycle. S VOLUME LASED SOLID WASTE COLLECTION CHARGES 6 Sec. 9. (11SA.93) (LICENSING OF SOLID WASTE COLLECTION.) 7 Subdivision 1. (LICENSE REQUIRED.) A person may not 8 collect mixed municipal solid waste for hire without a license 9 from the jurisdiction wt,•re the mixed municipal solid waste is 10 collected. 11 Subd. 2. (LICENSING.) (a) Each city and town may issue 12 licenses for persons to collect aixed municipal solid waste for 13 hire within their jurisdictions. 14 (b) County boards shall by resolution adopt the licensing 1S authority of a city or town that does not issue licenses. A 16 county may delegate its licensing authority to a consortium of 17 counties or to municipalities to license collection of mixed 18 municipal solid waste within the county. 19 Subd. 3. (LICENSE REQUIREMENTS.) (a) A licensing authority 20 shall require to the extent possible that charges for collection 21 of mixed municipal solid waste vary with the volume or weight of 22 the waste collected. 23 (b) A licensing authority may impose requirements that are 24 consistent with the county's solid waste policies as a condition 25 of receiving and maintaining a license. 26 Sec. 10. Minnesota Statutes 1988, section 11SA.95, is • 27 amended to reads 28 115A.95 (DISPOSAL OF RECYCLABLE MATERIALS PROHIBITED.) 29 A resource recovery facility that is composting waste, 30 burning waste, or converting waste to energy or to materials for 31 combustion, and is owned or operated by a public agency or 32 supported by public funds or by obligations issued by a public 33 agency, or the operator of a disposal facility may not accept 34 recyclable materials or white goods such as refrigerators, 35 stoves, washers, and dryers, except for transfer to a recycler, 36 unless no other person is willing to accept the recyclable 8 • 01/09/89 (REVISOR ] CMR /AP 89 -0732 1 materials or white goods. • 2 Sec. 11. (115A.955) (PRIORITY FOR LAND DISPOSAL AND 3 INCINERATION OF HASTE.] 4 For the limited volume of land disposal capacity, the 5 agency board shall by rule establish priorities for land 6 disposal and incineration of waste after considering the 7 feasibility of pollution containment. The rules are guidelines 8 for operators of disposal facilities to make the most efficient 9 use of land disposal cap..:ity. 10 Sec. 12. (115A.956] (SOLID WASTE DISPOSAL PROBLEM 11 MATERIALS.] - 12 Subdivision 1. (PROBLEM MATERIAL PROCESSING AND DISPOSAL 13 PLAN.) The agency board shall develop a plan that designates 14 problem materials and available capacity for processing and 15 disposal of problem materials including household hazardous 16 waste that should not be in mixed municipal solid waste. 17 Subd. 2. (PROBLEM MATERIAL SEPARATION AND COLLECTION 18 PLAN.] After the agency board certifies that sufficient 19 processing and disposal capacity is available, the agency board - 20 shall develop a plan for separating problem materials from sired 21 municipal solid waste, collecting the problem materials, and 22 transporting the problem materials to a processing or disposal 23 facility. 24 Subd. 3. (PROHIBITION OF PROBLEM MATERIALS IN SOLID 25 WASTE.) If the plan in subdivision 2 is adopted by the statewide 26 county advisory board established in section 7, the pollution 27 control agency may, by rule, prohibit the disposal of the 28 designated problem materials in mixed municipal solid waste. 29 Sec. 13. Minnesota Statutes 1988, section 368.01, 30 subdivision 14, is amended to read: 31 Subd. 14. (HEALTH.] The town board of supervisors 32 shall have power by ordinance: 33° to prohibit or regulate slaughterhouses; 34 u to prevent the bringing, depositing, or leaving within 35 the town of any unwholesome substance or deposit of solid waste 36 within the town not otherwise authorised by law, to require the 9 ■1-1 01/09/89 (REVISOR ) t2[R /AP 89 -0732 1 owners or occupants of lands to remove unwholesome substances 1 2 therefrom or the unauthorised deposit of solid waste and fn 3 Sefae *t- thereof if it is not removed to provide for its removal 4 at the expense of the owner or occupant, which expense shall be 5 a lien upon the property and may be collected as a special 6 assessment: 7 L, to provide for or regulate the disposal of sewage, 8 garbage, and other rsfusesf and 9 54 to provide for .he cleaning of, and removal of 10 obstructions from, any waters in the town and to prevent their 11 obstruction or pollution. 12 al The town board may establish a board of health under 13 section 145A.07, subdivision 2, with all the powers of such 14 boards under the general laws. 15 Sec. 14. Minnesota Statutes 1988, section 375.18, is 16 amended by adding a subdivision to read: 17 Subd. 14. (UNAUTHORIZED DEPOSIT OF SOLID WASTE.) Each 18 county board may by ordinance: 19 (1) prohibit the deposit of solid waste within the county 20 not otherwise authorised by law: 21 (2) require the owners or occupants of property to remove 22 the unauthorised deposit of solid waste; 23 (3) if it is not removed, provide for removal of the solid 24 waste at the owner's or occupant's expenses and 25 (4) provide for the expense to be a lien on the property 26 and collected as a special assessment. 27 Sec. 15. Minnesota Statutes 1988, section 412.221, 28 subdivision 22, is amended to read: 29 Subd. 22. (HEALTH.) Ill The council shall have power by 30 ordinance: 31 u to prohibit or regulate slaughterhouses: 32 ill to prevent the bringing, depositing, or leaving within 33 the city of any unwholesome substance or deposit of solid waste 34 within the city not otherwise authorised by law, to require the 35 owners or occupants of lands to remove unwholesome 36 substances therefrom or the unauthorised deposit of solid waste 10 I V 1 . • . �y -073 . • (REVIS its • 01/09/89 • if i is not temOVtd to provide for i nt. which expense ` and 40 - defaa�t thereof owner or occupan 1 vat at the expense of the o► and vY collected as a ` special assessments 2 sha11 be t lien upon the property sewage, 3 Disposal of a of regulate the to prov ide for 5 al of other tefus theme of. and removal and c leaning nt thei 6 gatbsge. and to prevent to piOvide for in the city Ma ters Lions from. any defined �� 12 bo ards 8 o bstruct ions _ health as llutio rd of � obstruction or p0 is of such 9 establish a boa the powers The co...02, ub with all 10 subdivision 2. in section 145A.02. 11 general laws' under the g board' means the [DEFINITION•1 . enc to a II 13 Sec• ut. ses of section 1 with waste. 14 por a state a enc dealin I ro riot s 15 a [ApYROPRI •� Sec. 17 • 1• CYCLING section 7 16 [ created in subdivision the teC clip account loans an d cost s 17 d from and for rants f TO riots board ciin to acts. 18 a to the a enc for re ii-- — vi sion 6 businesses to riatsd from the 19 s ubdivis ion r watt s i�tP' counties and ' is ' 2 0 share to [�El1CY > I Su m enc board 21 the a d to r tstion eneral fu a trans ...•...... '22 1 for develo in 23 for roc clablt na terial I s stem .�•� (, 2� materials for 2 for devslo in Lion t tams I 25 Te c ciin intorma it cou nt a model school 2b for develo in on r tam 27 waste reducti sec clip and education 28 iss robiem with the commissioner of waste 29 for develo in s solid •• 4 s 30 ion , mater ials CATIO of 31 [COMMISSIONER CF the commissi Subs 1 fun to tc ciin 32 *natal model school r the on the 33 a to rioted from terials distribute s+a under section 4• ` 38 education to r ram to schools t 35 an d waste reduction 11 \ M ' 01/31/89 [REVISOR ] EB /RD 89 -0294 • • 1. A bill for an act 2 relating to solid waste; establishing plans and 3 programs to reduce waste generated, recycle waste, 4 develop markets for recyclables, address materials 5 that cause special problems in the waste stream, 6 prevent, control, and abate litter, inform and educate 7 the public on proper waste management; appropriating 8 money; amending Minnesota Statutes 1988, sections 9 188.01, by adding a subdivision; 115A.03, by adding 10 subdivisions; 115A.072; 115A.12, subdivision 1; 11 115A.15, by adding subdivisions; 115A.46, subdivision 12 2; 115A.48, subdivision 3, and by adding subdivisions; 13 115A.96,. subdivision 2, and by adding a subdivision; 14 116.07, by adding a subdivision; 116K.04, by adding a 15 subdivision; 275.51, subdivision 1; 297A.01, 16 subdivision 3; 297A.44, subdivision 1; 325E.115, 17 subdivision 1; 400.08, by adding a subdivision; 18 473.149, subdivision 1; and 473.803, subdivision 1; 19 proposing coding for new law in Minnesota Statutes, 20 chapters 188; 115A; 116C; 116J; 173; 297A; and 473. 21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: �2 ARTICLE 1 23 SOLID WASTE REDUCTION 24 Section 1. Minnesota Statutes 1988, section 115A.15, is 25 amended by adding a subdivision to read: 26 Subd. 7. [WASTE REDUCTION; PROCUREMENT MODEL.] For the 27 purposes of reducing the amount of solid waste aenerated by the 28 state and providing a model for other public and private 29 procurement systems, the commissioner, in cooperation with the 30 commissioner of the pollution control agency, shall develop, 31 based on the recommendations in the study in section 5, waste 32 reduction •rocurement •ro•rams, includin- an ex•anded life c cle 33 costing system for procurement of durable and repairable items. JA 1 01/31/89 (REVISOR ] EB /RD 89 -0294 1 shall include waste reduction as an element of its program of 2 public education on waste management required under section 3 115A.072. The waste reduction education program must include 4 dissemination of information and may include an award program 5 for model waste reduction efforts. Waste reduction educational 6 efforts must also include provision of information about and 7 promotion of the model procurement program developed by the 8 commissioner of administration under section 1, or any other 9 model procurement program that results in significant waste 10 reduction. 11 Subd. 3. [TECHNICAL ASSISTANCE.] The agency shall provide 12 technical assistance to solid waste generators to enable the 13 waste generators to implement programs or methods to reduce the 14 amount of solid waste generated. The agency may use any means 15 specified in section 115A.52 to provide technical assistance. 316 Subd. 4. (FINANCIAL ASSISTANCE.] The agency shall make 17 loans and grants to any person for the purpose of developing and p„ 18 implementing projects or practices to prevent or reduce the 404 441 19 generation of solid waste including those that involve reuse of 20 items in their original form or procuring, using, or producing 21 products with long useful lives. Grants may be used to fund 22 studies needed to determine the technical and financial 23 feasibility of a waste reduction project or practice or for the 24 cost of implementation of a waste reduction project or practice . 25 that the agency has determined is technically and financially 26 feasible. 27 In making grants or loans, the agency shall give priority 28 to waste reduction projects or practices that have broad 29 application in the state and that have the potential for 30 significant reduction of the amount of waste generated. 31 All information developed as a result of a grant or loan 32 shall be made available to other solid waste generators through 33 the public information program established in subdivision 2. 34 The agency shall adopt rules for the administration of this 35 program. Agency rules must prescribe the level or levels of 36 matching funds required for grants or loans under this 3 01/31/89 (REVISOR ] EB /RD 89 -0294 1 activities. The plans shall include a comparison of the costs 2 of the activities to be undertaken, including capital and 3 operating costs, and the effects of the activities on the cost 4 to generators and on persons currently providing solid waste 5 collection, processing, and disposal services. The plans shall 6 include alternatives which could be used to achieve the 7 abatement objectives if the proposed functions and activities 8 are not established. The plans shall designate how public 9 education shall be accomplished. The plans shall, to the extent 10 practicable and consistent with the achievement of other public 11 policies and purposes, encourage ownership and operation of 12 solid waste facilities by private industry. For solid waste 13 facilities owned or operated by public agencies or supported 14 primarily by public funds or obligations issued by a public 15 agency, the plans shall include criteria and standards to 16 protect comparable private and public facilities already 17 existing in the area from displacement unless the displacement 18 is required in order to achieve the waste management objectives 19 identified in the plan. The plans shall establish a siting 20 procedure and development program to assure the orderly 21 location, development, and financing of new or expanded solid 22 waste facilities and services sufficient for a prospective 23 ten -year period, including estimated costs and implementation 24 schedules, proposed procedures for operation and maintenance, 2S.. estimated annual costs and gross revenues, and proposals for the 26 use of facilities after they are no longer needed or usable. 27 The plans shall describe existing and proposed county and 28 municipal ordinances and license and permit requirements 29 relating to solid waste management and shall describe existing 30 and proposed regulation and enforcement procedures. 31 Sec. 2. (115A.551) (RECYCLING.) 32 Subdivision 1. (DEFINITION.) The definitions in this 33 section apply to this section. 34 (a) "Recycling" means, in addition to the meaning given in. q1 i 35 section 115A.03, subdivision 25b, yard waste composting and F� 36 recycling that occurs through mechanical or hand separation of ��-- 5 01/31/89 (REVISOR 1 EB /RD 89 -0294 1 consideration by the legislative commission on waste management 2 to establish mandatory recycling standards and to authorize the e 14 3 agency or council to mandate appropriate solid waste management tX545:- 4 techniques designed to meet the standards in those counties that 5 are unable to meet the goal. 6 Subd. 6. [COUNTY SOLID WASTE PLANS.] Each county shall 7 include in its solid waste management plan described in section 8 115A.46, or its solid waste master plan described in section 9 473.803, a plan for implementing the recycling goal established 10 in subdivision 2 along with mechanisms for providing financial 11 incentives to solid waste generators to reduce the amount of 12 waste generated and to separate recyclable materials from the 13 waste stream. The recycling plan must include detailed 14 recycling implementation information to form the basis for the 15 strategy required in subdivision 7. 16 Each county required to submit its plan to the agency under 17 section 115A.46 shall amend its plan to comply with this 18 subdivision within one year after the effective date of this 19 section. 20 Subd. 7. [RECYCLING IMPLEMENTATION STRATEGY.] Within one 21 year of agency approval of the portion of the plan required in 22 subdivision 6, each nonmetropolitan county shall submit for 23 agency approval a local recycling implementation strategy. The 24 local recycling implementation strategy must: 25. (1) be consistent with the approved county solid waste 26 management plan; 27 (2) identify the materials that are being and will be 28 recycled in the county to meet the goals under this section and 29 the parties responsible and methods for recycling the material; 30 and 31 (3) define the need for funds to ensure continuation of 32 local recycling, methods of raising and allocating such funds, 33 and permanent sources and levels of local funding for recycling. 34 Subd. 8. (EMERGENCY RULEMAKING.] The agency may adopt 35 emergency rules implementing subdivision 6 and article 4, 36 section 8. •=23 7 01/31/89 (REVISOR ] ES /RD 89-0294 1 to deposit the money; and 2 (2) set up accounting procedures to ensure that money in 3 the separate account is spent only for the purposes in 4 subdivision 2. 5 (b) In each following year, each county shall also: 6 (1) have in place an approved solid waste management plan 7 or master plan including a recycling implementation strategy 8 under section 2, subdivision 7, or section 473.803, subdivision 9 le, and a household hazardous waste management plan under 10 article 4, section 7, by the dates specified in those 11 provisions; and 12 (2) submit a report by August 1 of each year to the agency 13 detailing how the money was spent and the resulting gains 14 achieved in solid waste management practices during the previous 15 fiscal year. 16 Subd. 4. (REPORT.] By November 1 of each year, the agency i 17 shall report on how the money was spent and the resulting 18 statewide improvements in solid waste management to the house: 19 and senate appropriations and finance committees and the 20 legislative commission on waste management. 21 Sec. 5. (115A.94S) (VISIBLE SOLID WASTE MANAGEMENT COSTS.) 22 Any political subdivision that provides or pays for the 23 costs of collection or disposal of solid waste shall, through a 24 billing or other system, sake the prorated share of those costs 25. each solid waste generator visible and obvious to the 26 generator. 27 Sec. 6. Minnesota Statutes 1988, section 116K.04, is 28 amended by adding a subdivision to read: 29 Subd. 6. (MODEL ZONING CRITERIA.] The commissioner shall, 30 in co nsult a t ion wi th t he a counc o state an lo ca l 31 relations, develop and disseminate model zoning criteria for use 32 by local units of government in siting recycling facilities. i 33 Sec. 7. (173.086] (RECYCLING CENTER SIGNS.] 34 Subdivision 1. (AUTHORITY TO ERECT.] A recycling facility 35 that has complied with the permitting rules of the pollution 36 control agency and has been designated a recycling center by the �4 9 01/31/89 [REVISOR 1 EB /RD 89 -0294 1 plan shall be followed in the metropolitan area. The plan shall 2 address the state policies and purposes expressed in section 3 115A.02. The plan shall substantially conform to all policy 4 statements, purposes, goals, standards, maps and plans in 5 development guide sections and plans adopted by the council, 6 provided that no land shall be thereby excluded from 7 consideration as a solid waste facility site except land 8 determined by the agency to be intrinsically unsuitable for such 9 use. The plan shall include goals and policies for solid waste 10 management, including recycling consistent with section 2 and 111C2 11 household hazardous waste management consistent with article 4, - le r s' es.P .idt ..q..- 12 section 7, in the metropolitan area and, to the extent 13 appropriate, statements and information similar to that required 14 under section 473.146, subdivision 1. The plan shall include 15 criteria and standards for solid waste facilities and solid 16 waste facility sites respecting the following matters: general ( 17 location; capacity; operation; processing techniques; 18 environmental impact; effect on existing, planned, or proposed 19 collection services and waste facilities; and economic 20 viability. The plan shall, to the extent practicable and 21 consistent with the achievement of other public policies and 22 purposes, encourage ownership and operation of solid waste 23 facilities by private industry. For solid waste facilities 24 owned or operated by public agencies or supported primarily by 25- public funds or obligations issued by a public agency, the plan 26 shall include additional criteria and standards to protect 27 comparable private and public facilities already existing in the 28 area from displacement unless the displacement is required in 29 order to achieve the waste management objectives identified in 30 the plan. In developing the plan the council shall consider the 31 orderly and economic development, public and private, of the 32 metropolitan area; the preservation and best and most economical 33 use of land and water resources in the metropolitan area; the 34 protection and enhancement of environmental quality; the 35 conservation and reuse of resources and energy; the preservation 36 and promotion of conditions conducive to efficient, competitive, J 11 01/31/89 [REVISOR ; EB /RD 89 -0294 1 annual cost of operation and maintenance of each facility; an 2 estimate of the annual gross revenues which will be received 3 from the operation of each facility; and a proposal for the use 4 of each facility after it is no longer needed or usable as a 5 waste facility. The master plan shall, to the extent 6 practicable and consistent with the achievement of other public 7 policies and purposes, encourage ownership and operation of 8 solid waste facilities by private industry. For solid waste 9 facilities owned or operated by public agencies or supported 10 primarily by public funds or obligations issued by a public 11 agency, the master plan shall contain criteria and standards to 12 protect comparable private and public facilities already 13 existing in the area from displacement unless the displacement 14 is required in order to achieve the waste management objectives 15 identified in the plan. 16 Sec. 11. [REVIEW OF WORKERS' COMPENSATION RATES FOR 17 RECYCLERS.] 18 The workers' compensation insurers rating association of 19 Minnesota authorized under section 79.61 shall review and - 20 evaluate the workers' compensation rates and classifications 21 applicable to public or private employers engaged in recycling, 22 propose any appropriate changes in rates and classification, and 23 report its findings and proposed changes to the commissioner of 24 commerce and the legislative commission on waste management. . 25 The report shall be submitted within one year after the 26 effective date of this section. The commissioner of commerce 27 shall appoint an advisory task force representing recycling 28 employers and other appropriate parties to advise the 29 association and the commissioner in carrying out their duties 30 relating to workers' compensation rates and classifications for 31 such employers. For the purpose of this section, "recycling" 32 means separating, collecting, and preparing for recovery and 33 reuse recyclable materials as defined in Minnesota Statutes, 34 section 115A.03, subdivision 25a. 35 Sec. 12. (SAFETY GUIDE.] 36 The agency, in cooperation with the council, shall prepare 4:: 13 01/31/89 (REVISOR ] EB /RD 89-0294 1 waste advisory council shall consist of one -third citizen 2 representatives, one -third representatives from local government 3 units, and one -third representatives of hazardous waste 4 generators and private hazardous waste management firms. 5 j1 The chairs of the advisory councils shall be appointed 6 by the chair of the board. The chair of the board shall provide 7 administrative and staff services for the advisory councils. 8 The advisory councils shall have such duties as are assigned by 9 law or the chair of the board. The solid waste advisory council 10 shall make- recommendations to the board on its solid waste 11 management activities. The hazardous waste advisory council 12 shall make recommendations to the board on its activities under 13 sections 115A.08, 115A.09, 115A.10, 115A.11, 115A.20, 115A.21, 14 and 115A.24. Members of the advisory councils shall serve 15 without compensation but shall be reimbursed for their 16 reasonable expenses as determined by the chair of the board. 17 The solid waste management advisory council and the hazardous 18 waste management planning council expire as provided in section 19 15.059, subdivision 5. 20 Sec. 2. Minnesota Statutes 1988, section 115A.48, 21 subdivision .3, is amended to read: 22 Subd. 3. (PUBLIC PROCUREMENT.] The board shall provide 23 technical assistance and advice to political subdivisions and 24 other public agencies to encourage solid waste reduction and 25 development of markets for recyclable materials and compost 26 through procurement policies and practices. Political 27 subdivisions, educational institutions, and other public 28 agencies shall aggressively pursue procurement practices that 29 encourage solid waste reduction, recycling, and development of 30 markets for recyclable materials and compost and shall, whenever 31 practical, procure products containing recycled materials. 32 Sec. 3. Minnesota Statutes 1988, section 115A.48, is 33 amended by adding a subdivision to read: 4 34 Subd. 4. (RECYCLING TRANSPORTATION SYSTEM.] The agency �.c,•v 35 shall, in consultation with local government units and other W 36 interested persons, develop a cooperative and comprehensive Dcl 15 01/31/89 [REVISOR ) EB /RD 89 -0294 ( 1 through the introduction of unauthorized materials. 2 Sec. 2. (18B.141) [SALE OF PESTICIDES IN RETURNABLE 3 CONTAINERS AND MANAGEMENT OF UNUSED PORTIONS.) 4 (a) After July 1, 1994, no person shall distribute, offer 5 for sale, or sell any pesticide product in containers that do 6 not: 7 (1) accommodate the return of the empty container and any 8 unused portion of the pesticide to the seller, distributor, or 9 registrant; and 10 (2) facilitate the refilling or reusing of the pesticide 11 container. 12 (b) After July 1, 1994, a person distributing, offering for 13 sale, or selling any pesticide in returnable containers shall • 14 accept from any pesticide end user empty returnable pesticide 15 containers and any unused portion of pesticide that remains in 16 the original container if the pesticide was purchased after July 17 1, 1994. 18 (c) Pesticide products intended solely for household use 19 are exempt from the requirements of this section. 20 (d) The commissioner may adopt rules to implement this 21 section including procedures and standards prescribing the 22 exemption of certain pesticide products and pesticide containers. 23 Sec. 3. Minnesota Statutes 1988, section 115A.03, is 24 amended by adding a subdivision to read: . 25. Subd. 24a. [PROBLEM MATERIAL.) "Problem material" means a 26 material that, when it is processed or disposed of with mixed 27 municipal solid waste, contributes to one of the following 28 results: 29 (1) the release of a hazardous substance, or pollutant or 30 contaminant, as defined in section 1158.02, subdivisions 8, 13, 31 and 15; 32 (2) pollution of water as defined in section 115.01, 4 33 subdivision 5; 34 (3) air pollution as defined in section 116.06, subdivision 35 3; or 36 (4) a significant threat to the safe or efficient operation C:) 17 01/31/89 (REVISOR 1 EB /RD 89 -0294 i 1 identified products and to handle them when the products or 2 their containers are discarded. 3 Subd. 3. (DUTIES OF RETAILERS.) A person who sells or 4 offers for sale at retail any product that is identified 5 pursuant to rules of the agency adopted under subdivision 1 6 shall: 7 (1) affix a uniform label as prescribed by the rules in a 8 prominent location upon or near the display area of the 9 product. If the adjacent display area is a shelf, the label p0 ,105-4. 10 shall be affixed to the price information for the product on the 11 shelf; and u 12 (2) maintain and prominently display informational 13 materials supplied by the agency at the location where 14 identified products covered by the materials are sold or offered 15 for sale. 16 Sec. 6. (115A.954) (WHITE GOODS.) 17 A person may not place white goods in mixed municipal solid 18 waste or dispose of white goods in a solid waste processing or 19 disposal facility after January 1, 1990. The agency may enforce 20 this section pursuant to section 115.071. 21 Sec. 7. Minnesota Statutes 1988, section 115A.96, 22 subdivision 2, is amended to read: 23 Subd. 2. (MANAGEMENT PROGRAM.) The agency shall establish , 24 a statewide program to manage household hazardous wastes. The -25-program must include: J f2$ (1) the establishment and operation of collection sites; :t5;i(11-- �° 27 and 28 (2) the provision of information, education, and technical 29 assistance regarding proper management of household hazardous 30 wastes. 31 The agency shall report on its progress on establishing 32 permanent collection sites to the legislative commission on 33 waste management by November 1, 1991. 34 Sec. 8. Minnesota Statutes 1988, section 115A.96, is 35 amended by adding a subdivision to read: 36 Subd. 6. (HOUSEHOLD HAZARDOUS WASTE MANAGEMENT PLANS.] 9L9 01/31/89 [REVISOR ) E8 /RD 89 -0294 1 ill post written notice, which must be at least 8 -1/2 2 inches by 11 inches in size and must contain the universal 3 recycling symbol and the following language: 4 - (i) It is illegal to put a motor vehicle battery in the 5 garbage. "; 6 (ii) 'Recycle your used batteries. "; and 7 (iii) "State law requires us to accept motor vehicle 8 batteries for recycling." 9 (b) Any person selling lead acid batteries at wholesale or 10 offering lead acid batteries for sale at wholesale must accept, 11 at the point of transfer, lead acid batteries from customers. 12 Sec. 11. [473.804] [HOUSEHOLD HAZARDOUS WASTE MANAGEMENT.] 13 By December 31, 1991, each metropolitan county shall 14 develop and implement a permanent program to manage household 15 hazardous waste. Each program must include at least monthly 16 collection of wastes. Each program must be consistent with the 17 council's policy plan and must be described as part of each 4 18 county's solid waste master plan revision as required under 19 section 473.803, subdivision 1. 20 Sec. 12. [WASTE PAINT; REDUCTION; DISPOSAL.) 21 Subdivision 1. [REDUCTION DEMONSTRATION PROJECT.] The 22 agency shall conduct a project to develop and demonstrate 23 methods for reduction of the generation of waste paint by 24 businesses. 25 -- Subd. 2. [DISPOSAL STUDY.] The agency shall conduct a 26 study to develop cost effective, environmentally sound, and 27 technically feasible waste paint disposal options for businesses 28 including at least painting contractors, auto body shops, and 29 households. The study must include at least: 30 (1) on -site investigations of manufacturing processes 31 including demonstration projects on reprocessing and pigment and 32 solvent extraction where feasible; 33 (2) waste paint sampling and testing; 34 (3) modeling of currently available options; 35 (4) test burns of separately collected waste paint in a 36 solid waste incineration facility with ash and emissions 3 D 21 • 01/31/89 ;REVISOR ] EB /RD 89 -0294 1 materials to promote proper methods of pesticide container 2 management. 3 Subd. 5. (REPORT.) During the pilot project, the 4 department of agriculture shall conduct surveys and collect 5 information on proper and improper pesticide container storage 6 and disposal. By November 30, 1991, the pollution control 7 agency shall report to the legislature its conclusions from the 8 project and recommendations for additional legislation or rules 9 governing management of pesticide containers. 10 Subd. 6. (MANAGEMENT AND DISPOSAL.) The department of , 11 agriculture or other entity collecting pesticide containers must 12 manage and dispose of the containers in compliance with 13 applicable federal and state requirements. 14 Sec. 14. (HOUSEHOLD BATTERIES; STUDY; PILOT PROJECT 15 REPORT.) 16 The agency shall conduct a study of problems associated 17 with household batteries that are processed or disposed as part 18 of mixed municipal solid waste. The agency shall also develop 19 and implement a pilot project to collect and manage used 20 household batteries. The agency shall report its findings 21 together with any recommendations for legislation to the 22 legislative commission on waste management by November 1, 1991. 23 Sec. 15. (PCB CAPACITORS; STUDY; REPORT.] 24 The agency shall conduct a study of the proper management, - 25" including liability and disposal issues, of polychlorinated 26 biphenyl capacitors less than or equal to three pounds contained 27 in white goods as defined in section 4, and other electrical 28 devices, and shall report its findings together.with any 29 recommendations for legislation to the legislative commission on 30 waste management by November 1, 1990. 31 Sec. 16. (POLLUTANT FILTERS; STUDY; REPORT.) 32 The agency shall conduct a study of the proper management 33 and disposal of household water and automotive filters that 34 collect pollutants or contaminants and shall report its findings 35 together with any recommendations for legislation to the 36 legislative commission on waste management by November 1, 1990. 3� 01/31/89 [REVISOR ] E8 /RD 89 -0294 • 1 litter and shall also report its findings, together with its 2 recommendations for legislation to address those problems, to 3 the governor. 4 Subd. 2. [ADVISORY COMMITTEE.] An advisory committee is 5 created to advise the board on litter prevention, control, and 6 abatement. The advisory committee will include the following 7 officials or their designees: the commissioner of corrections, 8 the commissioner of natural resources, the commissioner of 9 public safety, the commissioner of education, the commissioner 10 of the pollution control agency, the commissioner of 11 transportation, and the commissioner of trade and economic 12 development. The chair of the board shall appoint additional 13 members of the task force to represent counties, cities, and 14 towns. Not more than two members may be appointed to represent 15 each level of government. The chair may appoint additional 16 members representing other state agencies or political 17 subdivisions other than counties, cities, and towns. 18 The advisory committee shall coordinate state and local 19 efforts to prevent, control, and abate litter. By June 30, 20 1990, the advisory committee shall study litter problems in the 21 state and report its findings, together with any proposals for 22 legislation, to the board. The advisory committee expires July 23 1, 1990. 24 ARTICLE 6 25 WASTE EDUCATION 26 Section 1. Minnesota Statutes 1988, section 115A.072, is 27 amended to read: 28 115A.072 (PUBLIC EDUCATION ON WASTE MANAGEMENT.] 29 Subdivision 1. (WASTE EDUCATION; COALITION.] The board 30 shall provide for the development and implementation of a APvkiv 31 program of general public education on waste management in • 32 cooperation and coordination with the pollution control agency, fk( di 33 metropolitan council, department of education, department of 34 agriculture, state planning agency, environmental quality board, 35 environmental education board, educational institutions, and 36 other public agencies with responsibility for waste management 37— 25 • 01/31/89 (REVISOR ) E8 /RD 89 -0294 j 1 management of problem materials programs. 2 Sec. 2. (WASTE EDUCATION; CURRICULUM.) 3 The state board of education shall amend its rules adopted 4 pursuant to Laws 1984, chapter 463, article 7, section 26, 5 subdivisions 1 and 2, to require a waste education component 6 developed pursuant to section 1, subdivision 2, clause (2), as 7 part of the minimum comprehensive educational programs for both 8 secondary and elementary levels. The amended rules adopted by 9 the state board must go into effect beginning in the 1990 -1991 10 school yeai. 11 ARTICLE 7 12 FUNDING 13 Section 1. Minnesota Statutes 1988, section 275.51, 14 subdivision 1, is amended to read: 15 Subdivision 1. Notwithstanding any provisions of law or 16 municipal charter to the contrary which authorize ad valorem 17 levies in excess of the limitations established by sections 18 275.50 to 275.56, but subject to section 275.56, the provisions 19 of this section shall apply to the levies by governmental 20 subdivisions for all purposes other than those for which special 21 levies and special assessments are made, and for solid waste 22 management purposes under chapter 400. 23 Sec. 2. Minnesota Statutes 1988, section 297A.01, 24 subdivision 3, is amended to read: -.25 Subd. 3. A 'sale" and a 'purchase" includes, but is not 26 limited to, each of the following transactions: 27 (a) Any transfer of title or possession, or both, of 28 tangible personal property, whether absolutely or conditionally, 29 and the leasing of or the granting of a license to use or 30 consume tangible personal property other than manufactured homes 31 used for residential purposes for a continuous period of 30 days 32 or more, for a consideration in money or by exchange or barter; 33 (b) The production, fabrication, printing or processing of 34 tangible personal property for a consideration for consumers who 35 furnish either directly or indirectly the materials used in the 36 production, fabrication, printing, or processing; 33 27 01/31/89 [REVISOR J EB /RD 89 -0294 1 privilege of having access to and the use of amusement devices, 2 tanning facilities, reducing salons, steam baths, turkish baths, 3 massage parlors, health clubs, and spas or athletic facilities; 4 (e) The furnishing for a consideration of lodging and 5 related services by a hotel, rooming house, tourist court, motel 6 or trailer camp and of the granting of any similar license to 7 use real property other than the renting or leasing thereof for 8 a continuous period of 30 days or more; 9 (f) The furnishing for a consideration of electricity, gas, 10 water, or steam for use or consumption within this state, or 11 local exchange telephone service, intrastate toll service, and 12 interstate toll service, if that service originates from and is 13 charged to a telephone located in this state; the tax imposed on 14 amounts paid for telephone services is the liability of and 15 shall be paid by the person paying for the services. Sales by 16 municipal corporations in a proprietary capacity are included in 17 the provisions of this clause. The furnishing of water and 18 sewer services for residential use shall not be considered a 19 sale; 20 (g) The furnishing for a consideration of cable television 21 services, including charges for basic monthly service, charges 22 for monthly premium service, and charges for any other similar 23 television services; 24 (h) Notwithstanding subdivision 4, and section 297A.25, 25. subdivision 9, the sales of horses including claiming sales and 26 fees paid for breeding a stallion to a mare. This clause 27 applies to sales and fees with respect to a horse to be used for 28 racing whose birth has been recorded by the Jockey Club or the 29 United States Trotting Association or the American Quarter Norse 30 Association; 31 (i) The furnishing for a consideration of parking services, 32 whether on a contractual, hourly, or other periodic basis, 33 except for parking at a meter; 34 (j) The furnishing for a consideration of'services listed 35 in this paragraph: 36 (i) laundry and dry cleaning services including cleaning, 729 01/31/89 (REVISOR J EB /RD 89 -0294 1 are not taxable. For purposes of this section, "affiliated 2 group of corporations" includes those entities that would be 3 classified as a somber of an affiliated group under United 4 States Code, title 26, section 1504, and who are eligible to 5 file a consolidated tax return for federal income tax 6 purposes; and J • 7 (vii) solid waste collection and disposal services as D 8 described in section 4; 4 "Pet 9 (k) A "sale" and a "purchase" includes the transfer of 10 computer software, meaning information and directions that 11 dictate the function performed by data processing equipment. A 12 "sale" and a "purchase" does not include the design, 13 development, writing, translation, fabrication, lease, or 14 transfer for a consideration of title or possession of a custom 15 computer program; and 16 (1) The granting of membership in a club, association, or 17 other organization if: 18 (1) the club, association, or other organization makes 19 available for the use of its members sports and athletic 20 facilities (without regard to whether a separate charge is 21 assessed for use of the facilities); and 22 (2) use of the sports and athletic facilities is not made 23 available to the general public on the same basis as it is made 24 available to members. 25- Granting of membership includes both one -time initiation fees 26 and periodic membership dues. Sports and athletic facilities 27 include golf courses, tennis, racquetball, handball and squash 28 courts, basketball and volleyball facilities, running tracks, 29 exercise equipment, swimming pools, and other similar athletic 30 or sports facilities. The provisions of this paragraph do not 31 apply to camps or other recreation facilities owned and operated 32 by an exempt organization under section 501(c)(3) of the 33 Internal Revenue Code of 1986, as amended through December 31, 34 1986, for educational and social activities for young people 35 primarily age 18 and under. 36 Sec. 3. Minnesota Statutes 1988, section 297A.44, 35 31 • 01/31/89 '(REVISOR j ES/RD 89 -0294 1 reduction and recycling account. 2 Sec. 4. (297A.45) (SOLID WASTE COLLECTION AND DISPOSAL 3 SERVICES.) 4 Subdivision 1. (APPLICATION.] The tax imposed by section ,....te 5 297A.02 applies to all public and private mixed municipal solid �- 6 waste collection and disposal services. Notwithstanding section De%s te)..50rOr 7 297A.25, subdivision 11, a political subdivision that purchases 8 collection or disposal services on behalf of its citizens shall DP UUU 9 pay the tax. A political subdivision that provides collection 1 10 or disposal services to its citizens without direct charge to C � 11 the citizens for the service shall pay the tax based on the cost 12 to the political subdivision of providing the service. 13 Subd. 2. (EXEMPTION.) The cost of a service or the portion 14 of a service to collect recyclable materials separated from 15 nixed municipal solid waste by the waste generator is exempt 16 from the tax imposed in section 297A.02. 17 Sec. S. (297A.46) (PROBLEM MATERIALS; ADDITIONAL TAX.] 18 There is imposed an additional tax of two and one -half 19 percent of the gross receipts from sales at retail of the 20 following products that pose special problems when placed in the 21 solid waste'streaa: 22 (1) motor oil; 23 (2) nickel - cadmium batteries; 24 (3) all paint and paint - related products such as enamels, 25 lacquers, stains, varnishes, polyurethanes, sealers, shellacs, 26 and wood preservatives; and 27 (4) rechargeable appliances and tools that contain 28 nickel-cadmium batteries. 29 Collection and payment of the tax are governed by the 30 provisions of this chapter. 31 ARTICLE 8 32 APPROPRIATIONS 33 Section 1. (APPROPRIATIONS.] 34 The following amounts are appropriated from the solid waste 35 reduction and recycling account to the agencies and for the 36 purposes and fiscal years specified: ( 33 DAKOTA COUNTY JEFFRE C DEPARTMENT OF PLANNING & PROGRAM MANAGEMENT (612) 431 - 1158 0 * U G 7300 WEST 147th STREET, SUITE #503 APPLE VALLEY, MINNESOTA 55124 M E M O R A N D U M o -Atka TO: All Interested Parties FROM: Jeff Conne /Y tanning and Program Management Director DATE: February 21, 1989 SUBJECT: Source Separation Ordinance Enclosed please find a copy of a proposed Solid Waste Source Separation Ordinance for Dakota County. A public hearing has been set for March 14, 1989, at 9:00 A.M. in the Board Room of the Dakota County Government Center for the purpose of receiving comments regarding proposed Ordinance 115. If you have any questions or would like to comment prior to the public hearing, please contact Lynn Anderson or me at 431 -1158. - JC /jmn JC -M -A11 Enclosure 31 AN EQUAL OPPORTUNITY EMPLOYER FINAL DRAFT ORDINANCE NUMBER 115 SOLID WASTE SOURCE SEPARATION FOR DAKOTA COUNTY ADOPTED BY THE COUNTY BOARD OF COMMISSIONERS OF DAKOTA COUNTY, MINNESOTA ON IN ACCORDANCE WITH MINNESOTA STATUTES SECTION 473.801, ET. SEQ. Page 1 4:15g ORDINANCE NUMBER SOLID WASTE SOURCE SEPARATION FOR DAKOTA COUNTY An ordinance: regulating within Dakota County the separation of recyclable materials from mixed municipal solid waste by generators, before collection; defining the types of materials subject to recycling; establishing procedures and principles to be followed by the various municipalities located in Dakota 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 Minn. Stat. Section 473.801, et. seq. WHEREAS, Dakota County, in its Solid Waste Master Plan established annual source - separation recycling goals for each municipality in Dakota County, in accordance with Minn. Stat. 5473.803, in order for the County to meet source - separation objectives; and WHEREAS, the Metropolitan Council has established a source - separation goal for Dakota County of separating out for recycling at least fifteen percent (15 %) of the waste stream in 1990; and WHEREAS, Dakota County has, by Board Resolution No. 88 -650, and by the Dakota County Recycling Implementation Strategy adopted the source - separation goals of the Metropolitan Council; and WHEREAS, the County has offered technical assistance and financial incentives for municipalities to establish programs to meet annual source - separation recycling goals; and WHEREAS, the County in order to achieve required source - separation recycling performance standards, finds it necessary to adopt a County ordinance requiring the separation of recyclable materials from mixed municipal solid waste by generators, before collection, in municipalities failing to achieve said annual source - separation recycling goals. NOW, THEREFORE, the County Board of Dakota County, Minnesota, does ordain: SECTION 100 - DEFINITIONS 101. For purposes of this Ordinance the terms defined in Minn. Stat. S115A.03, now in effect or hereinafter amended, shall have the meanings given them therein, except as limited, amended or otherwise defined herein. 102. Unless the language or context clearly indicates that a different meaning is intended, the following words, terms and phrases, for purposes of this contract shall have the meanings hereinafter subjoined to them: Page 2 2!)C1 102.1 Aluminum Recyclables - containers fabricated primarily of aluminum and commonly used for soda, beer, or other beverages, and other aluminum products. 102.2 Beverage Containers - containers fabricated primarily of aluminum, bi -metal or glass and commonly used for soda, beer or other beverages. 102.3 Authorized Representative of the Department - an employee or agent of the Dakota County Public Health Department who has been granted authority by the Director to issue citations. 102.4 Collector - a collector or transporter of mixed municipal solid waste and /or recyclables. 102.5 Commercial Building - any building being used in a manner other than residential. 102.6 Compostible Material - organic material consisting of grass clippings, leaves and other forms of organic yardwaste. 102.7 County Board - the Dakota County Board of Commissioners and their authorized representatives. 102.8 Department - The Dakota County Department of Public Health. 102.9 Garbage - animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. 102.10 Glass Recyclables - containers fabricated of glass and used primarily for packaging and bottling of various matter. 102.11 Hauler - any person(s) who owns, operates or leases vehicles oTr the purposes of collection and transportation of mixed municipal solid waste and /or recyclables. 102.12 Metal Recyclables - containers fabricated primarily of tin or any other metal except aluminum. 102.13 Multi -unit Residential Building - any building with eight or more residential housing units. 102.14 Municipality - any incorporated city or township within the boundaries of Dakota County, Minnesota, or the. Rural Solid Waste Commission for those cities and townships which are included in the Rural Solid Waste Commission agreement. 102.15 Newsprint - unbound, printed, groundwood newspaper not including glossy advertising inserts. 102.16 Plastic Recyclables - containers fabricated of plastic and used primarily for packaging and bottling of various matter. Page 3 4(6 102.17 Paper Recvclables - corrugated cardboard, kraft grocery bags, and similar materials; including office paper, to the extent they are not contaminated with plastic, wax, food residue or other extraneous substances, excluding magazines or similar periodicals. 102.18 Residential Building - a single family home or •a building with seven or fewer residential housing units. 102.19 Residential Recycling. a program targeted to collection of recyclables from residential or multi -unit residential buildings. 102.20 Recyclable Material - any material that can be readily separated for use and reuse as substitutes for raw materials or for the transformation into a usable soil amendment. 102.21 Recycling Goals - the percent of the waste stream which must be removed and recycled in accordance with the Community Landfill Abatement Guidelines as adopted by the County Board, Resolution No. 88 -650, and set out below: by Dec 31, 1988 1989 1990 1991 1992 % Residential 6% 9% • 12% 14% 15% Tons 6,221 9,503 12,899 15,302 16,665 % Commercial /Industrial 11.6% 12.7% 17.5% 18% 18% Tons 13,640 15,401 21,870 23,004 23,634 Combined Resid /Com /Ind 9% 11% 15% 16% 16.6% Tons 19,681 24,904 34,769 38,306 40,299 These goals are referenced to the 1985 base figures and do not include recycling which occurred prior to that date. After 1992, recycling goals shall be as determined by the County Board. 102.22 Rural Solid Waste Commission - the commission established by a joint powers agreement between rural cities and townships in Dakota County to implement recycling programs in their respective jurisdictions. 102.23 Source Separation - the separation from mixed municipal solid waste by generators before collection of materials that can readily be separated for use or reuse as substitutes for raw materials or for transformation into a usable soil amendment. 102.24 Targeted Community Program - A program for source separation as further defined in Dakota County's Recycling Implementation Strategy, adopted pursuant to Board Resolution No. 88 -1056. • Page 4 1 • 102.25 Yardwaste - garden wastes, leaves, lawn cuttings, weeds and prunings. SECTION 200 - REPORTING REQUIREMENTS FOR MONICIPALITIES 201. Reports - Each municipality shall report to the County, information relating to the collection and disposal of recyclable material generated within its boundaries. Such information shall include but not be limited to: the tonnage of recyclable materials collected in the municipality, specified according to source (residential /commercial), an accounting of the tonnage of recyclables which have been marketed, information regarding the disposal of all recyclables collected, together with a description of the methodology used for calculation, and such additional relevant information as is requested by the County for the purpose of planning for or evaluating recycling programs in the County. Such information shall be provided in writing to the County on an annual basis on or before January 30 of the year following the year to which the data applies or on such other date as directed by the County. It is the responsibility of the municipality to require and collect adequate information for proper reports. 202. Failure to Report - Failure to submit a report as required by this section may be construed by the County as a failure on the part of the municipality to meet its annual source - separation recycling goals. 203. Notification - The County will notify a municipality within 30 days if it has failed to meet the annual source- separation recycling goals for the previous calendar year. SECTION 300. GENERAL PROVISIONS 301. Mandatory Program - Each municipality shall, at a minimum, begin development of a TCP or comparable recycling program by July 1, 1989, and complete implementation of the program by January 1, 1990. 302. Program Requirements - Each municipality's recycling program must: 302.1 be consistent with the County Solid Waste Master Plan and the County Recycling Implementation Strategy; and 302.2 provide a method of collecting and reporting the data required by Section 201 above. 303. County Implementation - If a municipality /township does not begin development of a Targeted Community Program or comparable recycling program by July 1, 1989, and complete implementation of the program by January 1, 1990, the County Page 5 67-2_ may implement a recycling program in that municipality consistent with the County's recycling goals and this ordinance. 304. Costs. The County may recover its costs for developing, implementing and operating a Targeted Community Program or comparable recycling program including, but not limited to, administrative, monitoring and public education costs, from any municipality which does not begin development of a TCP or comparable recycling program by July 1, 1989, complete implementation of a program by January 1, 1990, and continue the program. Costs may be pursued though a service charge established pursuant to Minn. Stat. 5400.08, or through such other means deemed appropriate by the County Board. SECTION 400. COUNTY RECYCLING PROGRAM 401. Triggering Conditions. If a municipality fails to meet the County's residential recycling goal for the year 1990 or any year thereafter or if the County as a whole, fails to meet its combined recycling goal for the year 1990 or any year thereafter the County Board may institute any part of or all of this section either in the municipality which failed to meet the County's residential recycling goal or in the County as a whole, as deemed appropriate by the County Board. Subsections 402 and /or 403 shall not be effective except upon 0l� separate resolution of the County Board. 402. Mandatory Residential Recycling - 402.1 It shall be unlawful for any owner or occupant of a residential or multi -unit residential building to generate and deposit for collection mixed municipal solid waste which contains any of the following recyclable materials: a) beverage containers; b) glass recyclables; c) newsprint; and d) such other materials which may be designated by the County Board. • 402.2 It shall be unlawful for a hauler, collector or any other person to collect or dispose of mixed municipal solid waste from a residential or multi -unit residential building which contains any of the recyclable materials itemized in Section 402.1 above. 403. Commercial Recycling 403.1 It shall be unlawful for any owner or occupant of a commercial building to generate or deposit for collection mixed municipal solid waste which contains any of the following recyclable materials: Page 6 43 _______ a) beverage containers; b) glass recyclables; c) paper recyclables; and d) such other materials which may be designated by the County Board. 403.2 It shall be unlawful for a hauler collector or any other person to collect or dispose of mixed municipal -solid waste from a commercial building which contains any of the recyclable materials itemized in Section 403.1 above. SECTION 500. VIOLATIONS 501. Anti- Scavenging - It shall be unlawful for any person other than employees of the County in the scope of their employment or the collector or hauler for the property to collect, remove or dispose of recyclable materials after said materials have been placed or deposited for collection. 502. Yardwaste - On or after August 1, 1989, it shall be unlawful or any person to dispose of yardwaste in mixed municipal solid waste. 503. Haulers - A Collector or Hauler shall refuse to knowingly accept for collection any mixed municipal solid waste which: a) after August 1, 1989, contains yardwaste; and /or b) contains any material which has been designated by the County Board as subject to mandatory recycling, pursuant to Section 400. 504. Lawful Acts - Nothing in this Ordinance shall abridge the right: 504.1 of any recycling program to lawfully operate within Dakota County, subject to such licenses or other regulations as may be required by law. 504.2 of any person to give or sell their recyclable materials to any recycling program lawfully operated for profit, non - profit or charitable purposes. Page 7 4C7 SECTION 600. ENFORCEMENT 601. Citations 601.1 Authority to Issue - an authorized representative of the Department shall have the power to issue citations for violations of this Ordinance, but shall not be permitted to physically arrest or take into custody any violator except on a warrant duly issued by the District Court. 601.2 Issuance - Citations shall be issued to the person alleged to have committed the violation either by personal delivery or by registered or certified mail. In the case of a public, private or municipal corporation, the citation shall be issued to any officer or agent, expressly or impliedly authorized to accept such issuance. 601.3 Notice to County - Citations shall be' made out in quadruplicate (4). One copy shall be issued to the person alleged to have committed the violation; two copies shall be filed with the Department; one copy shall be filed with the Dakota County Auditor's Office. 601.4 Form - Citations shall be on such form(s) as approved by the Department and shall contain at least the following: a. The name and address of the person alleged to have committed the violation and, when known, the owner or person in charge of the premises at which the violation occurs. b. The date and place of the violation. c. A short description of the violation followed by reference to the section of this Ordinance violated. d. The name of the person issuing the citation. e. Instructions to obtain 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. f. Such other information as the Court may specify. 601.5 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 Department. 601.6 Formal Complaint - If the person charged with the violation fails to appear at the Department at the time specified, the Department shall request a formal complaint to be filed by the County Attorney's office. Page 8 601.7 Warrant. If the person charged with the violation fails to appear in District Court in response to the formal complaint, a warrant may be issued for his /her arrest. SECTION 700. PENALTIES 701. Misdemeanor - Any person who fails to comply with the provisions of this Ordinance is guilty of a misdemeanor and upon conviction may be sentenced to the extent authorized by law. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. 702. Remedies Cumulative - No remedy set forth in this Ordinance is intended to be exclusive but each such remedy shall be cumulative and in addition to other remedies now or hereafter existing at law or in equity. No delay in the exercise of any remedy for violation of this Ordinance. shall later impair or waive any such right or power of the County. 703. Costs and Special Assessments - If a Hauler or any person collects or disposes of recyclable material 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 to the County Auditor as a special tax against the real property owned by hauler or person. SECTION 800 - SEPARABILITY The several provisions of this Ordinance are separable. 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 900 - PROVISIONS ARE CUMULATIVE The provisions of this Ordinance are cumulative to all other laws, ordinances and regulations now in force or hereinafter adopted, covering any subject matter in this Ordinance. SECTION 1000 - EFFECTIVE DATE This Ordinance shall be effective upon passage by the County Board and publication according to law, except Subsections 402 and 403, which shall become effective only upon separate resolution of the County Board. Page 9 MD /C-88 -315 4/6 o '411 !1' V N j � a i!1 a yea, a ; 11 :e i .ex I o 114 6 0 0 . tt 1. -iii A.. " A i u � � e �V E �j g i C H a 0 V z �� CIS G bi 64 a, so ,'= i d r 5 •1 2 1211 mo t , ', r z f $ . ( �.7 CI CO JD ."` , ' � � .g • �� 8� 1 ' �� w � $ � 9, 1 lam r U �3 -.gal �1 41 II QIID E 0 . 161 . A 06 I pt I il cv h 0 ffi� °o °- bye >�'�>'�`�•S =�o ��u. ��,°'`"oc� "yGC°:' >�a�7�c O V w . P . • . •V . r �'a '= y �� , N a7 tom.. �.. ••i y �' Ea E G � _ q u E y 3 E oo a ° T cs o 3 NJ7 c `° o s ffi o, .. s$ cE & c = i G use a� 9c 8 �d �� N $ �' �' e 3 � y'�s a�'�`` �' 3 w ffi eo ffi �' c giod ilL...4, L., 0� ; W y u 03 i °�� oa t 3 d u.�' N di8 p• E'L' °' Om a o : - y'.. 3 $E ° u 1=we > c c u .�.� r� 3 or �W°��� � °� � �'>, � s�o"o � co � ° .! cr va� >9s � 1v c drE "ffid i0° p 7 s>. °CCLV� l � u Q ax � pu• -1k. -41E Ex� imi O �� ocg.. m .E J roll 1 V °Dy ? 1" E ° °'� d d e S ° u m os u d_ °gfi EE sm + v. yy . ^ � _ ffi 'd s G r te „ � � V 1 ffi $ � � a � C� N C � y ' r ' � �1C> � s a•Eg' N 3 1o 41 a -81zi xsilE1s 1111111 %OM 0 o F. 0 ' .i ° x 3 w $ Go v cq r 5 d v a Tit Ti C l ti L° g 1 E $ A g B . s 0 �. Y o '" >:-...0 trig a •. mEoa a S 11 � . ill aZ r A Y (h to A ffi c td� a ob • ° a�� • G g c a u ig ' �`• a • 1 V 0 E'u� h > u ffi a T ; c c 0 a `° 0 3 � � 11 egmi o i i • w N 0 3,•v o.t' F 3 — . ... a u mc o, o u " y > 0 — ° c I S _ ; p°pD o ' ...1 Z V • ... 04 g.. i .yr. 'O 1) . 2 = O .o g r, a E -6.5 = g M � C US0 0. V 0r0 1C 1 ii i4, , r 1 m V V 32 r°a•3 O w•gN a$$4E °g •: 1 l x 3 l'7 az z J • 4 1-41 n 'girl earns Containers ...•••••••••••••••••••••••••••••••• wide notice 'e poster (Continued from front) nin the Cash for Trash are better fa grader Katie g ' who the city's fire than Publishers Clearing House, A y Hohenstein said. A hauler in the T honorable mention at '.ihn poster contest cit y is also doing a similar kind of - •V • lottery; the prize is a month of - ... wide fire prevention pos- free pickup, Hohenstein added. Fire Chief Ken Southorn ' May also begins the zoning d Katie with a prize for of haulers. The city has been split , , d into three portions for Monday, -. rte the Feb. 21 City Wray and Friday pickups. meeting. Haulers can pickup only on the w : day set aside for a certain zone Monday's zone is west of Lexing- ii. • i ./.' 1 I e Oops Carole Little c ton Avenue, north of Diffley c V. Wednesday's is west of IC 1.. Ro. Lexingt6n, sou of Diffley; and " # • Friday will be areas east of Lex a ington. • '�° x Everyone in the neighborhood 4. getting their garbage out on a a certain day will increase "peer ,s pressure" and act as a reminder o f putting out recyclables, Ho- henstein explained. �"'"' k S a If residents wish to keep 4 ° : w Patronizing other recycling drop- off sites (Eagan has one on Sgneca Road) or paper drives, -;, " ; >" o`, they may. They just may miss the x Cash for Trash prize. But the real s prize is reducing the amount of c garbage that has to be dumped in e Pannvay & Co. Rd. 5 landfills — the goal of Dakota Iidge Shopping Cents 1., County for 1989 is 9 percent less. )0-9000 Tipping fees are expected to tri- ple in the next five years. Taking F 9 -9; Sat. 9-6; Sun. 12-6 d some materials out of the waste '' stream will help hold down the 494 rising cost of garbage pickup. For JON HOHENSTEIN, Eagan administrative assistant, Hwy 13 a now, haulers probably will not shows the green bins for beverage cans Ind the white WWII, pimp '" c • charge to pick up recyclables. bin for glass. The set costs about $10 and is being paid vdiey R 2 3 E Even if there will be a charge it for by county funds. Shopper g v M — should be lower than paying Hohenstein tein knows. "But we want: i Center C dumping fees, Hohenstein ex- pects. Haulers have to rely on the tic and metal rings on them) ; and 'Mewl); rs " "i` \i11i °` market to see how fees will newsprint (not junk mail or card- to start with the basica for which change board, however). Glass con- a market exists. As the tharket rr.: tainers do not have to be washed expands, we'll add to the list: ; . W. "Recycling is going to be in ms residents have with" • & Chair s everyone's best interest in the or have their labels removed and Problems am can be directed to - ; long run," Hohenstein said. they should not be broken. dews- the p IF I r - ' Materials that are to be hi- PaP eaiin* bundled 6r put UP' r it hauler* first= Intuit eannotrryw a , eluded in the bins ace: beverage bags Next to the glass and tat) ' • resolve the problem; questions y UY� containers. can be directed to Eagan's .reey- . • mirrors, window gllaa s (excluding and plas- "Other things are recyclable," cling staff at 454 - 8100. .,,.•, •¢" 11 NCfiON to . tpto.., rt..i ..., . _ .. . . ...giorrip,, . • . .„, , V I . •• 00.0""7"""1"srl qo r'Cl 1 , ._ Do I Need - A Will? 1400 DIFFERENT "Wars _ Moro r......... •■• CA ‘reAk 1 C,' MINNESOTA SUBURBAN NEWSPAPERS . M rch 1. 1989 EAGAN Recycling C a refuse • a City distributes " bins for saving • i - ,yz: ; By Tel ;it glass and cans - ' , . P - Boar John C ' the 14 By Karen Harder •-s ,. .. of Dis . - me • _ � ' Bins of trash c ould be worth year. $100 cash under Eagan's new = ' " "� • But recycling program. - "Cash for trash" is an incen- cent of not be five the city is rising to get . - officio _ residents to save empty glass .. x r fourth containers, cans and old "1 d• • • newspapers for recycling, said t' $ board . Jon Hohenstein, administrative r r assistant with the city. r a r. d o wn. The program gets underway . - plain i this week as green and white - ' °.. memE • I bins — one for glass and one for , ' �• f. his ab' cans — dropped off at every Cos F single - family home and duplex ;K I► • absent ! and fourplex unit. , ' �, : y i than e Bin distribution will be finish- a`'? i < . t '•.r q t . - > presid 1 ed by March 13, when refuse '� ,i ' Ai .• r . US .A haulers will start collecting yx'1 & +a uk r recyclables with their regular s:_ t x 41,x a .. - t . V the 19 weekly pick-ups. year Every week, the city will . ��s '° ` ':$ , over r check a randomly selected ad- ` \• , dress for recycling bins set Out" t _c • by 7 a.m. on collection day. If \ " _ t ha t a their address is chosen, those 1 �� \� ` I< : . been who recycle will collect $100 or - +- '` realize more The pot will grow $100 \ k: - � \'''t e take. each week it goes uncollected. ` stuck -� that e The cash award is a cost- ` gi$, „ ; ` 1 - ' Tha effective way of promoting par- ,.�. • . ` . by At ticipation, Hohenstein said a demi "I hope what will happen is we • • t .. Coskr will be handing out a $100 check - - �> . - � , every week and we'll always - ' a , : , have a winner," he said. - ■ c x pires Recycling may save par - r---� ` I 1 ticipants money on their trash - / "y rant collecting bills. Most haulers r ' part c aren't charging extra to pick up • .. , Y • meml recyclables, but all are required / conta to set their fees based on the Bok- volume they collect from each Jeff Gehrke, recycling director for Knutson Rubbish, displays the typical materials residents should expect said, household. to recycle in upcoming curbside programs. Cities in Dakota County are working to meet an April 1 deadline comr That means a family that can for establishing recycling programs. Also pictured is Chris,Kieser (left), sanitation engineer. o his cut its trash volume from three a o• cans to two each week by recycl- bin or a separate bag. Lids, caps to a drop site by the haulers. county's solid waste enterprise Sta ing may pay less for trash col- and metal rings should be From there, they will go to ruins fund, comes from tipping at ten lection, he explained. removed from glass bottles and that use recyclable products. charges haulers pay to use the ion The program goal is to cut by 9 jars, and the intact containers "There are well landfill, Hohenstein said. D sc percent the amount of trash go also should be put in a separate markets," Hohenstein said.- As tipping charges increase D i t ing into landfills this year. Long- bag or bin. Newsprint must be By setting up its recycling pro- and are passed on to the haulers' boa r term goals call for cutting the bagged or tied in bundles. gram before April 1, Eagan will customers, residents may have amount by 15 percent in three The few complaints Hohens- cash in on an incentive program increased incentive to recycle, &cc years. tein said he has received about established by Dakota County to Hohenstein speculated. Sct "If we get good participation, the program have been that get municipalities to cut the Still, recycling rereemains volun remo we can hit it," Hohenstein said of recycling mew more work. But amount of trash their residents Lary, Hohenstein won't know if Ce the goal. he disagrees. droop. The county reimburses the is meeting its goals J Along with the bins, the city is "It becomes second nature," the city up to $20 a household for un ' June, when haulers will than' distributing material explaining said Hohenstein, who has been recycling programs started torn in a quarterly report on par- prole how recycling works. recycling for several years. "It before that deadline. In Eagan, ticipation. • distr. Basically, residents need to will be no harder to remember that amounts to more than "There's nothing preventing State separate their recyclables from than putting out the trash." $30,000• us from meeting the goal — ex- . other trash. Steel and aluminum Instead of going into the land- That money, from the cept apathy," he said. CC pull tab cans should be put in a fill, the recyclables will be taken CV:A 11111 111 /r • t d S!► C pG 4y — - Yeuce Ruse Fe.yle PDATE Volume 2, Number 3 January- February, 1989 Dakota County Recycling Strategy A pproved The County's Recycling Implementation Strategy was approved by the Metropolitan Council on January 26. The Strategy outlines the strong commitment the County has made to recycling and composting. The Council also ap- proved a grant of $88,334 to Dakota County, which the County will match with $1.67 million. The County must provide at least an even match for the funds. Dakota County's match is the largest of any of the seven metropolitan counties receiving the grants. The money will be used to fund the County's aggressive efforts to recycle 30 percent or more of the total waste generated in the County. Dakota County is providing funding to local governments to establish recycling programs. As a result, curbside recycling programs are expected to be available to all communities in the County by April 1. Including the com- munity grants, the County has allocated over $3 million this year to develop waste reduction, recycling and com- posting programs and facilities. A comprehensive County public education program on the importance of recycling in addressing the solid waste disposal problem began in late January. "Dakota County is doing a great job," said Josephine Nunn, Chair of the Council's Environmental Resources Com- mittee. "The County Board has made a commitment and has added staff. Allowing communities to be innovative 3s long as they reach their recycling goals is a wonderful approach," Nunn said. Last year, Dakota County received $69,166 in the Council's Local Recycling Development Grants program. The County spent a total of $196,846.77 in 1988 for recycling initiatives. County Board To Consider The Ordinance also allows for the implementation of mandatory recycling of designated materials under cer- Recyclin Ordinance tain conditions; the County Board would determine whether mandatory recycling would apply to one or all The Dakota County Board has set a public hearing municipalities and whether it would apply to the residential and/or commercial sectors. on a proposed source separation ordinance for 9:00 a.m., Tuesday, March 14 in the Board Room at the Violations of the Ordinance would include: Government Center in Hastings. The Ordinance incor- — removing or disposing of recyclable materials by porates a number of policies approved in the County's anyone other than the collector or hauler after the Recycling Implementation Strategy. materials have been put out for collection; and The Ordinance will provide for mandatory city/ — g of yardwaste in mixed municipal solid township development and implementation of recycling waste after August 1, 1989. programs, and identifies the following goals for com - Continued on Neat Page munities and the County; UPDATE is published by Dakota County, to serve the By December 31 purpose of informing interested parties of the Coun- 198g 1990 1991 1992 ty's progress with its resource recovery and recycl- .ing program efforts. For more information, contact the Communities (residential) 9% 12% 14% 15% Department of Planning and Program Management; Total County (resid. and comet /ind) 11% 15% 16% 16.6% 7300 West 147th Street; Suite 503; Apple Valley, MN Nob: The goals reflect recycling activity in addition to that ac- 55124; (612) 431 - 1158. complished before 1985. • Printed on Recycledc - County Board To Consider The Ordinance would not prevent anyone from giv- Continued from Page 1 ing or selling their recyclable materials to any recycl- ing program lawfully operated for profit, non - profit or Haulers or collectors would also be required to refuse charitable purposes. - to knowingly accept for collection any mixed municipal solid waste which: Subject to the public hearing, the Board is expected to act on the Ordinance on March 14. For more infor- - after August 1, 1989, contained yardwaste; or motion, call Dakota County Planning and Program_ — contained any material which had been Management, at 431 -1158. designated by the County Board as subject to mandatory recycling. Resource Recovery Project Update Household Hazardous Waste The Metropolitan Council has begun the environmen- Collection Program To Expand tal review process for the County's proposed resource recovery facility. Because of the size of the facility, an Four one day household hazardous waste collections environmental impact statement (EIS) must be prepared; were sponsored by Dakota County, cities, and the process will likely take until the fall of 1989. businesses in 1988. Collections were held in Lakeville - Farmington, Inver Grove Heights, Rosemount, and The EIS will review the significant effects of the project, Apple Valley Burnsville. A total of 2,180 people were assess the reasonable alternatives and identify ways of surveyed as they brought their waste to the site. A total reducing any adverse effects. The EIS is intended to be of 7,849 gallons of hazardous waste, 6,450 gallons of oil, 1,697 automobile batteries and 4,717 tires were collected. used by governmental agencies when they make deci- The oil, batteries and tires were recycled, while hazar- sions about the project. dous wastes were disposed of in permitted facilities. A common concern expressed about the resource During 1989, one -day collections are planned for the recovery facility relates to the potential for adverse West St. Paul -South St. Paul- Mendota Heights area (to health effects from exposure to air emissions. The EIS be held in the Spring), Inver Grove Heights, Hastings will review this issue extensively and consider multiple and Eagan, (to be held in the Fall). These collections routes of possible exposure. The health risk assessment will also involve coordination with the area cities and portion will discuss how the risks associated with the businesses. A greater effort will be made in 1989 to recy- facility compare with other kinds of risks. cle more of the unwanted material brought to the sites, such as useable paints, fertilizers, cleaners and other Recent information on existing resource recovery items, by offering the materials to the public, and facilities indicates that the air emissions and their developing recycling outlets for these products. associated risks can be kept at a very low level. Plants like the one being proposed are operating well below County staff is also formulating plans to establish per - the most rigorous standards currently required for manent household hazardous waste collection centers pollutants such as dioxin. In choosing a technology with in Dakota County during 1989. The objective is to a proven track record, the County has a good guarantee develop facilities where household hazardous waste that any risks will be minimized. may be dropped off throughout the year. Currently, the County is looking at using private businesses as drop The EIS will also evaluate a variety of solid waste off points, and contracting with hazardous waste management practices such as source separation, management firms to periodically package and transport the waste to permitted disposal sites. recycling, composting, co- composting and resource recovery. For questions about household hazardous waste, or to volunteer to work at one of the collections, call The national consensus is that there is no single solu- George Kinney, at the Dakota County Public Health Lion to the growing solid waste problem. Instead, a Department (450- 2793). balanced approach must be adopted. Dakota County's integrated waste management program employs a mix of reuse, reduction, recycling, composting and energy - producing resource recovery. c It. 6` it Yecrdwaste Compost Facilities for delivery of bagged or debagged materials is cur - Te. ct A Big Year rently being reviewed by the City. Additional informa- Expect g tion may be obtained by calling the City offices at 1. _. _ .. 390 -4100. When the yardwaste compost facilities reopen this Lille South St. Paul facility in +3138 accepted leaves, `' . spring in Dakota County, it is expected they will be grass and garden waste. Material was delivered by receiving record volumes of material. Beginning August residents, haulers and landscape services serving 1, 1989 homeowners will be required to separate yard ` waste from their recyclables and trash. Haulers will also residents of the City Material had to be debagged, and t. there was no fee. This program is currently being have an economic incentive to collect yard waste and reassessed for 1989. Additional information may be ob- dispose of it at sites other than landfills. By using the tained by calling the City Recycling Coordinator at yardwaste compost facilities, it will be possible for 450 -8745. haulers to avoid a part of the cost of disposing of yard waste at landfills. The City of Inver Grave Heights facility is in the plan- ning stages and is anticipated to be in operation in 1989. The yardwaste compost facilities in Dakota County Operational specifics are not available at this time. . have the potential of processing approximately 25,000 Additional information may be obtained by calling the tons, or 137,000 cubic yards, of yard waste in 1989. City City offices at 457 -2111. programs which are planned to operate in 1989 are located in Hastings, Burnsville, South St. Paul, and Inver A private facility is operated at the Pine Bend Land - Grove Heights. The city programs have the potential for fill in Inver Grove Heights. In 1989, materials which will processing almost one -half of the yard waste generated be accepted include leaves, grass and garden waste. in Dakota County. The remainder can be processed at Deliveries may be made by residents, commercial haul - the County's facility in Lakeville and a private facility ers and landscape services. The material may be m Inver Grove Heights. delivered bagged or debagged. Fees for bagged or de- bagged yard waste are currently being assessed. Addi- The County's facility, located in Lakeville, will accept tional information may be obtained by calling the Pine leaves, grass, garden waste, and prunings up to 4" in Bend Landfill at 457-2778. diameter. Material can be delivered by residents or by haulers and landscape services. It may be bagged or debagged. The schedule of fees is as follows: COMPOStin. • USER FEE Residents, debagged waste No Charge Residents, bagged waste $2.00 /cubic yard , Commercial, debagged waste $1.75 /cubic yard , • \ Commercial, bagged waste $2.75 /cubic yard 6 V The facility is scheduled to reopen March 15, and will , , be open six days per week in the Spring and Fall. Sum- mer hours of operation will be reduced to reflect the :,,,,,,.,,,,,,, , amount of material being received and the needs of - users. Additional information on the County's facility �;> r�I � � may be obtained by calling the Dakota County Depart ,- v f a _ A . ment of Planning and Program Management at 431 -1158. _ yc. J es <7 % ii\ • � • • d , The Hastings facility will accept leaves, grass and GJ 4=7 garden waste generated in the City. For an eight week period in both the Spring and Fall a special collection Yard waste such as leaves, grass and brush accounts will be made by the City's hauler. The remainder of the year, residents can deliver yard waste at scheduled for nearly 10 percent of our household waste. An easy times. Only debagged yard waste is accepted. There way to reduce this waste and keep collection costs in is no charge at the facility. Additional information may check, is to recycle yard refuse and other organic wastes be obtained by calling the City offices at 437 -4127. by composting. The Burnsville facility will accept leaves, grass and Composting turns these wastes into a valuable garden waste. Material can be delivered by residents, resource. When added to gardens, compost loosens haulers and landscape services that serve residents of heavy soils, improves plant root growth, and helps hold the City. Material can be bagged or debagged. A fee water and nutrients where plants can use them. In Dakota County... - County 'Recycling Collection • o.., Center Progressing OP "''' � S! :' = � " In December, , y p 1 O : ;::4:* '" `' 1988 the Dakota Count Board authorized staff to ro ANp aced with the establishment of a Recycling Collection Center for 4 i s : : :: , 4u,„,„ , ;. imp Dakota County haulers and residents in order to provide a centrally- _ = � � NG ! located and easy-to-use place for haulers to bring material collected '~ ty-- `Y i= on their curbside recycling routes, and to act as a multi - material drop I; off center for County residents. Although some local operations which V i d • � ;:: :.-',..- serve a similar purpose now exist, no facility currently is available on • �` � •••"'"' the , scale needed, - to 4caShe greatly expanded recycling effort .... , _ i , ail planned for the County this year: _ ,,,--,-,..., On January 6, 1989, the County published a "Request for Qualifica- tions" in order to find a dependable vendor to run the facility. Three It'Sr'me ii7!!1 responses were received: Goodwill Industries Inc.; Recycle Minnesota i1 1 Resources; and Waste Management Inc. It is expected that a recom- OurWaste. mendation will be made to the County Board by March as to which vendor should be selected to begin negotiations with the County for ARA the operation of the Center. .'tr The County is looking at several locations for the Center, including vacant sites, and a number of buildings. Discussions of lease terms and analysis of the structures for usefulness are also proceeding. R ecycle:. Be part O, f the solution' It is expected that a Center will be operating by mid -April, 1989. Dakota County Department of - _ _ . . Planning and Program Management ` 7300 West 147th Street; Suite 503 _ , Apple Valley, MN 55124 ' '` ' ` `` i. d :01. • co Jahn Hahensteir - =�'., Municipal Build C �,W- A\ 3830 Reduce Reuse Recycl Pilot ,t Knob Rd. V Eagar, MN 55122 53 • Printed on Recycled Paper • `. _An integrated approach to solid waste management - N.. ... _ Recycling =`On Part -Qf the . Solution ,1 ._ ' _ C-5*-;-.4.y' akota County has established an aggressive program to recycle 30 percent _ _ _ - /or more of the total waste generated in the County. The Countyhas made - a strong commitment to reach this goal by allocating over S3 million each year - - for the next several years to develop and implement wake reduction, recycling -- and composting programs and facilities in the county. - Every day, residents and businesses in the county generate an estimated 800 - .: tons of garbage. Rapid growth means that, Within 20 years, an additional 200 - . -7t. tons of waste will be produced each day in Dakota County. _ ,- _ Why recycle - Recycling helps conserve natural resources, since it lessens the demand for raw _ materials in the production of new consumer items. It also conserves energy,, because in most cases it takes less energy to make a product from recycled :: material than from raw material. For example, for every three aluminum cans recycled, one gallon of gasoline is saved. Recycling reduces the need for existing - landfill space and the expense of building and operating new landfills. _ d ` Recycling can also reduce your trash collection bill since many waste ," haulers " • - _ s_ , _ - charge according to the amount of waste picked up. = As an alternative to curbside collection, some "recycling centers pay for - materials, or you may want to support nonprofit groups that collect recyclables - as a fundraising activity. _ Within 20 years, an additional 200 tons of waste per day will , - Government's role be prod in Dakota .county. To promote and encourage recycling, the County. - ■ Provides funds to communities to develop recycling programs; Recycling conserves • Assists communities, businesses, and residents in recycing; - r , energy, and " landfill es space: it Promotes recycling and explains how residents can help; - - - . - -- • Recycles paper and other products in County and city offices. - Dakota County has allocated nearly S2 million in grants to communities to Dakota o ountyltas moved N io put r+etcycling implement recycling pr programs in place throughout All urban cities intend to have residential curbside recycling programs in place - • - the County. - by April 1,1989. The cities will provide containers to residents, and will collect beverage cans, glass, and newspaper. r The 13 townships and six rural cities have formed aRural Solid Waste Commis- . _ _ - - - - sion to provide opportunities, including curbside recycling with a container in - - some areas, to recycle beverage cans, glass, and newspaper, by April 1,1989. Dakota County is also developing a central collection site for recyclables, which will accept materials from waste haulers and residents. Such a site will provide convenience and efficiency in marketing the materials collected Printed on recycled paper — February 1989 How to recycle for curbside collection . Newspaper: Place newspapers only in grocery bags, or tie/bundle with - - .twine; -: • Beverage cans: Rinse well and place in a paper grocery bag; • Glass bottleslars: Rinse well, remove covers and place =broken in paper - grocery bags; it is not necessary to remove labels. l - " - -Many materials can be - - inecycled, including most Some haulers may also pick up additional materials. pape metals, glass, motor oil, and yard waste. Other recyclable items 7 Metals, including tin, scrap iron, brass and copper. • Corrugated cardboard; - • Paper, including computer, office, some envelopes, stationary, colored paper, magazines, telephone books, paper bags, and others; • Household goods such as furniture, clothes, toys, small appliances, and rags; • Motor oil and batteries; • Auto parts; 1 Some plastics. Recycling at home or business source separation ensures cleaner materials which are Source separation at the home or business ensures cleaner materials which are worth more when sold. worth more when sold. Post - collection methods (separation of recyclables from garbage at landfills or other processing facilities) tend to be more labor - and capital- intensive. The technology of mechanical separation is still being developed. As the technology becomes more proven, Dakota County will - consider this option to remove additional materials from the waste stream. Some recycled materials are reused in their original form. Others are used in the manufacturing process. Recycled newspapers, for example, are primarily used to produce cardboard or paperboard for such items as tablet backs, shoe boxes, and cereal boxes. Use of recycled materials depends on the material itself, its condition, and markets available. Costs of recycling Collecting, transporting, and • Recycling costs vary widely. Factors which affect program costs include sub- - Processing materials for sidies provided by local governments, prevailing market value of recyclable recycling costs money. materials, costs of processing and transportation, participation and recovery rates, community features (terrain, housing density, apartments or single family homes), and generator type (commercial or residential). - Public awareness is an important component of a recycling and waste reduction program. Dakota County is implementing a public education program to inform Everyone needs to be part of residents of the waste management problem and the need -for .everyone to be solution by recycling. part of the solution by recycling. For more information: - Dakota County Recycling Program, 7300 West 147th St, State 503, Apple Valley, MN 55 24, 612 /431 -1156, or your local city hall. . n mi pi .N1 It .spit - 1411111 LI .. i ligf: 8 il 111144 . Jiji; i 14 poi 1 1 IL 1 1 1 J I II LI i 1 11 i Vi t ] ;II >P is ill- l 1 . � : Ii it ars° 4.° 1.1 1 h Will 1 - a fli 11% - . . 0 � _ mad a © - '� 813 O hill ji I i 1.:32:37 El MOM • , v i i ti 1 K Ira r 2 0 a 'A' = i ,„, u :a'" o- � r: Q O a iV _ I �.' l� Q Q O w ell §- V g g . 1 6 '5 4 i 112 • :: n < _:_-, E E ri o t',,,,Ii _ , ..a,- A ' At • lift M , :..., _ ,.:,, . 1 8 • i B -••r P 1141 1 LE:112r s rift ■ L « iijJ 11111 rn ' a CC/ AM 1 � li 14". la O 8• x' 8A L . : u p c� $ a b , 811 a 8 0 OD 03 P ; 1111 0 ;1.14 1 l r-' 0 0..0 -L - .. itt II. 1.� o IlililIlti - t ii t a i 7 3719 $2 milbon o�� to ay a Data Environment, a =done! or- pniation that has a chapter in Min - to settle suits over 1 . . a Naze n, a Minneapolis attorney. Z Mississipp p ollution_ the citizens of Minnesota," Nauen By Dean Reiland twice as huge as the previous record said yesterday "Not only is Koch inne Staff Writer p M collected by the rol year-old Agency cy cant a DAY (and) signifi- to Pollution Control t payments to local envrronmen- Koch Refining Co. has agreed to pay (MPCA). • W it is also undertaking extensive efforts to dean up its own S2 million in penalties to settle Feder- e. Further, Koch has shared to al and state lawsuits that contend Also, as hous o of the settlement, Koch hour and thee, the toxicity of to that the firm has polluted the Missis- will pay 8200,000 to resolve a suit by own effluent. The result is a cleaner sippi River with ile-pl waste dis- .two private environmental groups charges from its oil refinery in Rose- That money will be spent on projects river." mount. to improve water quality in the Twin is the latest of several settle - The settlement, which was an- Cities area , meats in Minnesota in which the two aounced Tuesday, inquires Koch to In addition, Koch agreed to spend ; environmental groups have used the pay $1.54 million to the federal gov- more than S 11 million on unproved ; Clan Water Act to prompt indus- anment and 5460,000 to the state. tries to agreeto finance envaronmen- The latter payment will be more than Refinery continued on page 9A tal- improvement projects. Koch's 8200,000 payment will be split three ways: S50,000 to the state's Clean Water Partnership Refinery Cs.t ued list, page IA Fund, which is administered by the MPCA, and 875,000 each to the Min - waste -water treatment equipment to in Wichita, Kan. The Rosemount re- nesota Environmental Education clean up its discharges and comply finery supplies about 40 percent of Board and the Mississippi River Re- with the federal Clean Water Act. In the petroleum products used in Min- return Koch is expected to receive a nesota. aew MPCA permit allowing it to rival, a private group that discharge treated waste water into the As part of the settlement, the MPCA trash damps along the river. r s Mississippi. Board will be asked Tuesday to issue a new water-quality permit to Koch. The EPA sued Koch in a separate The tentative settlement is between suit in October 1987. At the MPCk's Koch and the parties that had sued it: Burk said Koch acknowledges that request, Attorney General Halloo the MPCA, the U.S. Environmental there were "some unintentional vio- Humphrey III moved to intervspe. jp Protection Agency (EPA) and the pri- lations" over the past four years. He the EPA's suit in January 1988. vate groups: Citizens for a Better added, however, that Koch expects Environment and the Atlantic States fewer problems complying with the Koch's $460,000 payment to the pate Legal Foundation Inc. limits in the new permit tops the former record civil *silty of S197,600 paid in 1985 by Atgen- The suits are pending before U.S. MPCA Commissioner Gerald Willet can Crystal Sugar Co., which. was District'Judge Harry MacLaughlin in stressed yesterday that the expansion c with violating air - quality . St. Paul. He is virtually certain to of the refinery "makes it even more standards at three of its plaits * approve the settlement, formally critical that Koch consistently meet northwestern Minnesota. , banding Koch and the other parties to the requirements of its permit. This . its terms. The settlement also must company must get the message that In 1977 a federal 'udge fined Re.c p''y be approved by the MPCA citizens' environmental issues are as =pot- Ming Co. of Silva Bay, Ming., board and top EPA officials. That, tint as production capacity and need about 31 million for polluting Lake too, is expected. to be addressed in a timely manner." ! Superior. The state's share of this ,000. fine Robert Burk, a Minneapolis attorney Willet said the MPCA is "concerned ord wd fi differ But � suvh il wall representing Koch, said yesterday about the results of recent tests show- ties, whic are paid alleged pdMtl that the company agreed to the settle- ing that the Koch (discharge to the as to settle lawsuits out of court. meat because it allows Koch to con- river) is toxic to aquatic organisms. tine a major expansion of the Rose - One of the most important parts of As part of a separate agreement with mount -r That will boost the this settlement is the provision that the MPCA., Koch agreed last autumn planes capacity to refine crude oil requires Koch to comply with a to pay a S100,000 penalty to theante from 137,000 barrels to 207,000 bar- schedule to control the toxicity of its for what the agency said was Kgch'a ads a day. effluent" failure to obtain permits he As part of the expansion, Koch is The suits against Koch charged it bui mount refinery. naiu , installing new equipment to improve with failing to comply with limits on . ■ the quality of the 2.8 million gallons several types of waste, including am- of treated waste water that it dis- monis, phenols and chromium, in its charges into the river each day. Some discharges to the river over the last of that equipment is in place, and four years. Those limits are imposed Koch said the expanded treatment on the company in a permit issued by plant is expected to begin operating the MPCA in 1983. It was intended by the end of 1990. to bring Koch into compliance with the Clean Water Act. Koch Refining is a subsidiary of ^ Koch Industries Inc., which is based The first of the suits apinst Koch - `/ �. ___ ___ _ m- 31941e ?T ' C urbside recycling clip • y, -y am Y g NEW 0 to et underwa i g y -. ...:, ran Dakota cities ._ a t 4. ..,__, ....._ ....„. Gary Harvey (Sty officials have been deliveries -`' :.rem g Dennis Comae - recycling containers to fide -roily _ , . . of Writers homes, duplexes imd iourslezes us the city Race last week and expect to lon're a HERO in Eagan, it might have containers at 11,000 homes m ! - eawrth a hundred bucks. time for the first recycling pickup, either Monday, Wednesday or Friday ' 4 0 For Eagan and most other Dakota next week, Hohenstein amid. , -f County cities, its kickoff time for t!, curbside recycling. Rosemount has As an incentive to recycle, Es�an t; b had its curbside recycling plan in plans a "Cash for Trash" drawing operation for two weeks. Most other each week, Hohenstein said A tea- ` urban areas of the county are begin- dential address will be chosen, and ^^ .4„7:1, _ 47 =l• 4 Wog this month or the first week in S100 will be awarded if a iesident has - 4 APTil. recyclables on the curb on collection , I M!► , 4 . day that week . _ ` Some cities, including Eagan and . ., . • ' ! : - , ,,t' „ ". Lakeville, have cash bonuses for peo- Lakeville's "Cash in on Recycling" pie who recycle, and West St. Paul gives two chances to win each week o City Manager Bill Craig says he ex- starting . in May. Names of people ,* pects to have a similar program. who recycle will be submitted by . , , J' haulers, and city officials will draw -3, While curbside recycling has been in two names, awarding each $50. .- :, the planning stages for some time, +. a 4. the Dakota County Board sot the Residents of Lakeville will receive time, .., . idea rolling late last year by offering their recycling containers in the next - ,, . to pay 100 percent of the capital costs two weeks, with collection by regular •; 4 R for any city that has a program im- trash haulers the next regu- ”" \ `t 1 demented April 1. Gar pickup after they receive the con- y ` ., �. tamers. The Lakeville program will r ;: ° The targets of this first wave of curb- affect only residents who have indi• r i , c side recycling are beverage cans, glass vidual garbage pickup service• r - and newspnnt. Some haulers will .�.. pick up other recyclables, but resi- Apple Valley's °garage side" di recy- i w -�. ► ins. dents should check with their haul- ding is to begin March 27, • . ' h s. after area Boy Scouts deliver recy- �nt. r t-. - ' v,:__44444-014, . ding containers to residences. - • _ i.-',01.. s ` . Eagan will officially give its HERO (Hit Eagan's Recycling Objectives) Pickups will be made by the city's 11 Staff Photo by John Croft . program a sendoff at a 5 p.m. reoep- licensed trash haulers on the same tion today at the Eagan Municipal day as normal pickups. There will be Eric Looms, of Me recycling tiro Luoms Associates, bonded containers Building, said Ion Hohenstein, Eagan • is his brother John, center, and John Nohenslsin, assistant 10 Eagan's aasistan,t to the city admilistrator. 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