Solid Waste Ordinance
RESOLVED, that the Board of Ramsey County Commissioners hereby ordains:
SOLID WASTE ORDINANCE
SECTION 1.00 PURPOSE AND AUTHORITY
1.01 Purpose. It is the purpose and intent of this Ordinance to establish rules, regulations and
standards in Ramsey County, Minnesota for:
 For the handling, collection, transportation, and storage of Solid Waste;
 For the treatment, Processing and/or Disposal of Solid Waste;
 To require the licensing of Solid Waste Haulers and Solid Waste Facilities;
 To establish design and construction requirements for Solid Waste Facilities;
 For control of special Solid Wastes;
 To establish and provide for an enforcement agency;
 To establish financial assurance requirements for Facilities and Sites Licensed pursuant
to this Ordinance;
 To establish penalties for failure to comply with the provisions of this Ordinance
 To establish fees for Licenses and permits granted pursuant to this Ordinance;
 To establish standards and procedures for issuing, denying, modifying, imposing
conditions upon, suspending or revoking Licenses or permits; and
 To establish and administer the County’s service charge for Solid Waste Management
services.
This Ordinance shall be liberally construed so as to ensure the health, welfare and safety of the
citizens of Ramsey Country and the general public and to protect the natural environment from
Solid Waste contamination.
1.02 Authority. This Ordinance is adopted pursuant to Minnesota Statutes Chapters 115A, 145A, 375,
400, and 473 and the Ramsey County Home Rule Charter.
SECTION 2.00 ADMINISTRATION
2.01 Administrative Procedures. All of the provisions of the Ramsey County Administrative
Ordinance shall apply as if fully set forth herein.
2.02 Administration. This Ordinance shall be administered by the Saint Paul - Ramsey County
Department of Public Health (hereinafter “Department”). Its duties shall include, but not be
limited to, the following:
A. To review and consider all License applications submitted to conduct Solid Waste
Management activities and for operation of Solid Waste facilities within the County;
B. To inspect Solid Waste Management activities and facilities as herein provided and to
investigate complaints of violations of this Ordinance;
C. To recommend, when necessary, to the County Attorney's Office that legal proceedings be
initiated against a certain Person, activity, Site or Facility to compel compliance with the
provisions of this Ordinance or to terminate and abate the operation of the same;
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D. To encourage and conduct studies, investigations, and research relating to aspects of Solid
Waste Management such as methodology, chemical and physical considerations, and
engineering;
E. To advise, consult, and cooperate with other governmental agencies in the furtherance of the
purposes of this Ordinance;
F. To review and consider all Licenses for collection and transportation of Solid Waste
submitted to the Department; and
G. To administer the County’s Solid Waste Management service charge.
2.03 Compliance.
A. No Person shall cause or permit the collection, storage, transportation, Disposal, or
Processing of Solid Waste, or the construction or operation of Solid Waste Facilities and Sites
except in full compliance with the provisions of this Ordinance, including but not limited to
all provisions requiring full disclosure of information regarding such Generation, storage,
transportation, Disposal, or Processing.
B. Compliance with the conditions of this Ordinance does not preclude nor relieve compliance
with any other applicable Federal, State, or local rule, regulation, or requirement. Whenever
two regulatory standards appear to conflict, the more stringent shall apply. The standards,
rules, and regulations of the MPCA shall apply to all Solid Waste Management activities
within the County, except as provided in this Ordinance.
2.04 Conditions.
A. The Department may impose conditions on any License, permit, approval, or variance as
deemed necessary to monitor the operation and ensure the health, safety and well being of the
public and the environment.
B. Violation of any condition imposed by the Department on a License, permit, approval, or
variance, shall be deemed a violation of this Ordinance and subject to the penalty provisions
set forth in the Ramsey County Administrative Ordinance Section 6.00 Enforcement.
C. More Restrictive Conditions. Where requirements imposed by the provisions of this
Ordinance differ from comparable conditions imposed by any other applicable law,
Ordinance, rule and regulation, the provision that establishes the higher standards for the
promotion and protection of the public health, safety and general welfare shall apply.
2.05 False Information. Omission of any information or submission of false information required by a
provision of this Ordinance is unlawful and may be punished as provided by law.
SECTION 3.00 DEFINITIONS.
The following words and phrases, when used in this Ordinance, unless the context clearly indicates
otherwise, shall have the meanings ascribed to them in this section.
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3.01 Acceptable Household Quantities: means Solid Waste that is otherwise Unacceptable Waste, but
which is contained in Garbage, Refuse, and municipal Solid Waste from normal household
activities. For the purposes of this definition, "household" includes any residential dwelling unit
or place of transient residence.
3.02 Acceptable Non-Household Waste: means Solid Waste that is otherwise Unacceptable Waste, but
which is contained in Garbage, Refuse, and municipal Solid Waste generated from commercial,
industrial, or community activities, where the quantity of such Unacceptable Waste contained in
any load delivered to the Facility does not constitute a significant portion of such load. Provided,
however, that no amount of Hazardous Waste that is regulated by law shall be Acceptable Waste.
3.03 Acceptable Waste: means Solid Waste that is acceptable at the Facility. Acceptable Waste shall
include Garbage, Refuse, and other municipal Solid Waste from residential, commercial,
industrial, and community activities which is generated and collected in aggregate, and which is
not otherwise defined herein as Unacceptable Waste. No amount of Hazardous Waste or
Infectious Waste that is regulated by law is acceptable at the Facility. Acceptable Waste shall
also include Acceptable Household Quantities and Acceptable Non-Household Waste, as defined
herein.
3.04 Bulking Agent: means the material added to a compost system to provide structural support and
prevent the settlement and compaction of the decomposing waste.
3.05 Certificate of Rejection: means the written documentation provided by the Facility to a collector
stating that a load of waste has been rejected as unacceptable.
3.06 Cleanfill: means materials consisting of at least 90 percent natural soils and rock with the
remaining 10 percent maximum composed of concrete, concrete block, brick, glass, or similar
Inert Material which has been crushed to a diameter no greater than six (6) inches and approved
in writing by the Department.
3.07 Closure: means actions to prevent or minimize the threat to public health and the environment
posed by a closed Facility including removing contaminated equipment, removing liners,
applying final cover, grading and seeding final cover, installing monitoring devices, constructing
ground water and surface water diversion structures, and installing gas control systems, as
necessary.
3.08 Closure Document: means an order, stipulation agreement, or other document issued or
negotiated by the Department that defines specific Closure and Post Closure Care requirements
executed at the time a Solid Waste Facility is closed.
3.09 Closure Plan: means a plan for the Closure of a Solid Waste Facility prepared in accordance with
MPCA Rules Part 7035.2625.
3.10 Co-Composting: means the Composting of MMSW with a nutrient source or Bulking Agent.
3.11 Commingle: means placing two or more source separated Recyclable Materials in the same
container for Recycling.
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3.12 Compost Facility: means a Site used to Compost or Co-compost Solid Waste, including all
structures or Processing equipment used to control drainage, collect and treat Leachate, and
storage areas for the incoming waste, the final product, and residuals resulting from the
Composting process.
3.13 Composting: means the controlled microbial degradation of organic waste to yield a humus-like
product.
3.14 Construction Debris: means waste building materials, packaging, and rubble resulting from
construction, remodeling, repair, and Demolition of buildings and roads.
3.15 Contingency Action Plan: means a document setting out an organized, planned, and coordinated
course of action to be followed in case of a fire, explosion, or release of Solid Waste, Waste Byproducts, residuals, or Leachate that could threaten human health or the environment.
3.16 County: means Ramsey County, Minnesota.
3.17 County Board: means the Board of Ramsey County Commissioners.
3.18 Counties: means Ramsey and Washington Counties, Minnesota.
3.19 Cover Material: means material that has been approved in writing by the Department that is used
to cover compacted Solid Waste in a Land Disposal Facility. Important general characteristics of
a good Cover Material are low permeability, uniform texture, cohesiveness, and compactibility.
3.20 De-construction: means disassembly of a structure in a manner that maximizes the amount of the
construction materials and other items found in the structure that can be recycled or reused rather
than disposing the material as Demolition Waste.
3.21 Demolition: means the tearing down of a structure, with little or no attempt to reuse materials,
although materials may be sorted out for recycling either on-site or at a sorting facility, and with
the remaining materials being disposed of as Demolition Waste.
3.22 Demolition Cleanfill: means material consisting of more than 10%, but less than 50% concrete,
concrete block, brick, glass, or similar Inert Material which has been crushed to a diameter no
greater than six (6) inches and approved in writing by the Department with the remaining
percentage comprising of natural soils. Asphalt and asphalt materials are not acceptable for
Demolition Cleanfill.
3.23 Demolition Waste: means Solid Waste resulting from the Demolition or De-construction of
buildings, roads, and other man-made structures, including concrete, brick, bituminous concrete,
untreated wood, masonry, glass, trees and tree trimmings, rock, plastic building parts, and other
Inert Materials which has been approved in writing by the Department. Demolition Waste does
not include friable asbestos wastes or materials containing friable asbestos.
3.24 Demolition Waste Land Disposal Facility: means a Site used for the Disposal of Demolition
Waste.
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3.25 Department: means the Saint Paul - Ramsey County Department of Public Health.
3.26 Designation: means the requirement contained in Section 19.00 of this Ordinance that all or any
portion of the Acceptable Waste that is generated within the County's boundaries or any service
area thereof be delivered to the Facility.
3.27 Designation Area: means the Counties of Ramsey and Washington, Minnesota.
3.28 Designation Plan: means that document entitled "Joint Designation Plan" which detailed the
Counties' proposal for the Designation of waste, and which was approved by the Metropolitan
Council on December 13, 1984, pursuant to the statutory Designation procedures contained in
Minn. Stat. 115A.80 et seq.
3.29 Disposal or Dispose: means the discharge, deposit, injection, dumping, spilling, leaking, or
placing of any Solid Waste into or on any land or water so that the Solid Waste or any constituent
thereof may enter the environment or be emitted into the air, or discharged into any waters,
including ground waters.
3.30 Disposal Facility: means a Solid Waste Facility that is designed and operated for the purpose of
disposing of Solid Waste on or in the land, together with any appurtenant facilities needed to
process Solid Waste for Disposal or transfer to another Solid Waste Facility.
3.31 Effective Designation Date: means the date from and after which waste must be delivered to the
Facility, as specified in Section 19.09 of this Ordinance.
3.32 Facility: means a Solid Waste Facility to which MMSW generated in the County is required to be
delivered pursuant to Section 19 of this Ordinance.
3.33 Garbage: means discarded material resulting from the handling, Processing, storage, preparation,
serving, and consumption of food.
3.34 Generation: means the act or process of producing waste.
3.35 Generator: means any Person who generates waste.
3.36 Hazardous Waste: means any Refuse, Sludge, or other waste material or combinations of Refuse,
Sludge or other waste materials in solid, semisolid, liquid, or contained gaseous form which
because of its quantity, concentration, or chemical, physical, or infectious characteristics may: a)
cause or significantly contribute to an increase in mortality or an increase in serious irreversible,
or incapacitating reversible illness; or (b) pose a substantial present or potential hazard to human
health or the environment when improperly treated, stored, transported, or Disposed of, or
otherwise managed. Categories of Hazardous Waste materials include, but are not limited to:
explosives, flammables, oxidizers, poisons, irritants, and corrosives. Hazardous Waste does not
include source, special nuclear, or by-product material as defined by the Atomic Energy Act of
1954, as amended. Hazardous Waste shall include all materials designated as hazardous and
regulated by State or Federal laws.
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3.37 Holidays: means those Holidays when the Facility will be closed. Holidays will be Christmas
Day, New Year's Day, Memorial Day, July 4th, Labor Day, and Thanksgiving. These Holidays
may be changed by resolution of the County Board.
3.38 Incineration: means the process by which Solid Wastes are burned for the purpose of volume and
weight reduction in facilities designed for such use.
3.39 Industrial Solid Waste: means all Solid Waste generated from an industrial or manufacturing
process and Solid Waste generated from nonmanufacturing activities such as service and
commercial establishments. Industrial Solid Waste does not include office materials, restaurant
and food preparation waste, discarded machinery, Demolition Waste, or household Refuse.
3.40 Industrial Solid Waste Land Disposal Facility: means a Site used to Dispose of Industrial Solid
Waste in or on the land.
3.41 Inert Material: means a material that displays either no chemical activity or chemical activity
only under special or extreme conditions, to include the uncompostable material remaining in a
compost system after decomposition.
3.42 Infectious Waste: means laboratory waste, blood, regulated body fluids, sharps, and research
animal waste that has not been decontaminated.
3.43 Land Disposal Facility: means any tract or parcel of land, including any constructed Facility, at
which Solid Waste is Disposed of in or on the land.
3.44 Land Application/Bioremediation: means the placement of Solid Waste or Waste By-products on
or incorporated into the soil, on the land’s surface, or in a controlled pile or container.
Composting is deemed to be a separate process from Land Application/Bioremediation.
3.45 Land Application/Bioremediation Site: means any land used for the purpose of land application
or bioremediation of waste or Waste By-products.
3.46 Leachate: means liquid that has percolated through Solid Waste and has extracted, dissolved, or
suspended materials from it.
3.47 Leachate Management System: means the structures constructed and operated to contain,
transport, and treat Leachate, including liners, collection pipes, detention systems, holding areas,
and treatment facilities.
3.48 License / Licensee: shall have the meanings as set forth in Sections 2.05 and 2.06 of the Ramsey
County Administrative Ordinance.
3.49 Market: means any Person/business that accepts and recycles Recyclable Materials.
3.50 Marketed: means delivery of Recyclable Materials to and acceptance by a Market.
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3.51 Medical Waste: means Infectious Waste and waste originating from the diagnosis, care, or
treatment of a Person or animal, or waste resulting from biological research, whether or not the
waste has been decontaminated.
3.52 Metropolitan Area: means the Counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington.
3.53 Mixed Municipal Solid Waste (MMSW): means Garbage, Refuse, and other Solid Waste from
residential, commercial, industrial, and community activities that the Generator of the waste
aggregates for collection, but does not include auto hulks, street sweepings, ash, Construction
Debris, Demolition Waste, mining waste, Sludges, tree and agricultural wastes, tires, lead acid
batteries, used oil, and other materials collected, processed, and Disposed of as separate waste
streams.
3.54 Mixed Municipal Solid Waste Land Disposal Facility: means a Site used for the Disposal of
MMSW in or on the land.
3.55 MPCA: means the Minnesota Pollution Control Agency.
3.56 Nonconforming Solid Waste Disposal Site or Facility: means a public or private Solid Waste
Disposal Site or Facility that does not hold a current License by the County and a current permit
from the MPCA.
3.57 Open Dump: means a land Disposal Site at which Solid Waste is Disposed of in a manner that
does not protect the environment, is susceptible to open burning and is exposed to the elements,
flies, rodents, and scavengers.
3.58 Operator: means the Person or Persons responsible for the operation of a Solid Waste Facility,
Site, or activity.
3.59 Owner or Solid Waste Facility Owner: means the Person or Persons who own a Solid Waste
Facility, Site, or part of a Solid Waste Facility or Site.
3.60 Person: means any human being, any municipality or other governmental or political subdivision
or other public agency, any public or private corporation, any partnership, firm, association, or
other organization, any receiver, trustee, assignee, agent, or other legal representative of any of
the foregoing, or any other legal entity, but, except as applies to Section 23.00 of this Ordinance,
does not include the MPCA.
3.61 Post-closure/Post-closure Care: means actions taken for the care, maintenance, and monitoring of
a Solid Waste Facility after Closure that will prevent, mitigate, or minimize the threat to public
health and environment posed by the closed Solid Waste Facility.
3.62 Post-closure Care Plan: means the plan for Post-closure Care prepared in accordance with MPCA
Rules Part 7035.2645.
3.63 Problem Material: means a material that, when it is processed or Disposed of with MMSW
contributes to one of the following results:
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1) the release of a hazardous substance, or pollutant contaminant, as defined in Minn. Stat.
Section 115B.02, subdivisions 8,13, and 15;
2) pollution of water as defined in Minn. Stat. 115.01, subdivision 5;
3) air pollution as defined in Minn. Stat. Section 116.06, subdivision 3; or
4) a significant threat to the safe or efficient operation of a Solid Waste Processing Facility.
3.64 Processing: means the treatment of Solid Waste after collection and before Disposal. Processing
includes but is not limited to reduction, separation, exchange, Resource Recovery, physical,
chemical, or biological modification.
3.65 Processing Facility: means a Site used to process Solid Waste.
3.66 Putrescible Material: means Solid Waste that is capable of becoming rotten and which may reach
a foul state of decay or decomposition.
3.67 Recyclable Materials: means materials that are separated from Mixed Municipal Solid Waste for
the purpose of Recycling, including paper, glass, plastics, metals, automobile oil, and batteries.
Refuse-Derived Fuel or other material that is destroyed by Incineration is not a Recyclable
Material.
3.68 Recycling: means the process of collecting and preparing Recyclable Materials and reusing the
materials in their original form or using them in manufacturing processes that do not cause the
destruction of Recyclable Materials in a manner that precludes further use.
3.69 Recycling Facility: means a Site used to collect, process, and repair Recyclable Materials and
reuse them in their original form or use them in manufacturing processes.
3.70 Refuse: means putrescible and nonputrescible Solid Wastes, including Garbage, Rubbish, ashes,
incinerator ash, incinerator residue, street cleanings, and Market and Industrial Solid Wastes, and
including municipal treatment wastes which do not contain free moisture.
3.71 Refuse-Derived Fuel: means the product resulting from techniques or processes used to prepare
Solid Waste by shredding, sorting, or compacting for use as an energy source.
3.72 Rejected Waste: means Unacceptable Waste that is rejected at the Facility pursuant to Section
19.00 of this Ordinance.
3.73 Resource Recovery: means the reclamation for sale, use, or reuse of materials, substances,
energy, or other products contained within or derived from waste.
3.74 Resource Recovery Facility: means a Solid Waste Facility established and used primarily for
Resource Recovery, including related and appurtenant facilities such as transmission facilities
and Transfer Stations primarily serving the Resource Recovery Facility.
3.75 Rubbish: means nonputrescible Solid Wastes, including ashes, consisting of both combustible
and noncombustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass,
bedding, crockery, or litter of any kind.
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3.76 Run-off: means any liquid that drains over land from any part of a Solid Waste Facility/Site.
3.77 Run-on: means any liquid that drains over land onto any part of a Solid Waste Facility/Site.
3.78 Sewage Sludge: means the solids and associated liquids in municipal wastewater that are
encountered and concentrated by a municipal wastewater treatment plant. Sewage Sludge does
not include incinerator residues and grit, scum, or screenings removed from other solids during
treatment.
3.79 Shoreland: means land located within the following distances from the ordinary high water
elevation of public waters:
1. Land within 1,000 feet from the normal high watermark of a lake, pond, reservoir,
impoundment, or flowage; and
2. Land within 300 feet of a river or stream or the landward side of flood plain delineated by
Ordinance on such a river or stream, whichever is greater.
3.80 Site: means a location that is designed, operated, and Licensed/permitted for the purpose of
disposing of Solid Waste on or in the land, together with any appurtenant facilities needed for the
proper operations of the Solid Waste Management activity, such as Land Application and
Bioremediation.
3.81 Sludge: means any solid, semisolid, or liquid waste generated from a municipal, commercial, or
industrial wastewater treatment plant, water supply treatment plant, or air contaminant treatment
Facility, or any waste having similar characteristics and effects.
3.82 Sludge Waste: means inorganic waste in a semi-liquid state, excluding Hazardous Waste, but
including waste from automobile wash racks and steam cleaning products, ceramic, pottery and
glass wastes, muddied water from laundries, and similar non-toxic materials.
3.83 Solid Waste: means Garbage, Refuse, Sludge from a water supply treatment plant or air
contaminant treatment Facility, and other discarded waste materials and Sludges, in solid,
semisolid, liquid, or contained gaseous form, resulting from industrial, commercial, mining, and
agricultural operations, and from community activities, but does not include Hazardous Waste;
animal waste used as fertilizer; earthen fill, boulders, rock; Sewage Sludge; solid or dissolved
material in domestic sewage or other common pollutants in water resources, such as silt,
dissolved or suspended solids in industrial waste water effluents or discharges which are point
sources subject to permits under Section 402 of the federal Water Pollution Control Act, as
amended; dissolved materials in irrigation return flows; or source, special nuclear, or by-product
material as defined by the Atomic Energy Act of 1954, as amended.
3.84 Solid Waste Collection and Transportation: means the gathering of Solid Waste from public or
private Sites and conveying the Solid Waste from one point to another, by means of a vehicle,
rail car, water vessel, conveyer, or other means.
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3.85 Solid Waste Collection and Transportation Vehicle: means a vehicle, regardless of capacity, size,
number of axles, or other differentiating features, that is used for Solid Waste Collection and
Transportation.
3.86 Solid Waste Facility: means all property, real or Personal, including easements and water and air
rights, which is or may be used for the Processing or Disposal of Solid Waste. A License is
required under the provisions of this Ordinance for all Solid Waste Facilities, except property
used for the collection of the Solid Waste at the generation site and property used primarily for
the manufacture of scrap metal or paper. A Solid Waste Facility includes but is not limited to
Transfer Stations, Processing Facilities, and Disposal Sites and Facilities.
3.87 Solid Waste Management: means activities that are intended to affect or control the Generation
of Solid Waste and activities which provide for or control the collection, transportation,
Processing, treatment, and Disposal of waste.
3.88 Solid Waste Reduction: means an activity that prevents Generation of Solid Waste including
reusing a product in its original form, increasing the life span of a product, reducing material
used in production or packaging, or changing procurement, consumption, or waste Generation
habits to result in smaller quantities of waste generated.
3.89 Source Separation: means the separation of Recyclable Materials by the Generator prior to
collection for Recycling.
3.90 Tipping Fee: means the fees charged to collectors and citizens for waste delivered to the Facility.
3.91 Transfer Station: means an intermediate Solid Waste Facility in which Solid Waste collected
from any source is temporarily deposited to await transportation to another Solid Waste Facility.
3.92 Unacceptable Waste: means Solid Waste that is not acceptable at the Facility. Unacceptable
Waste shall include waste which would pose a threat to health or safety, or which may cause
damage to, or materially adversely affect the operation of the Facility including but not limited
to: explosives; Medical Waste; commercial, industrial, and community Hazardous Waste, as
regulated by federal, state and local law; chemicals and radioactive materials; oil Sludges,
asbestos in identifiable quantities; cesspool, domestic sewage or other Sewage Sludge; human or
animal remains; street sweepings; ash; mining waste; Sludges; Demolition Waste; Construction
Debris; waste in liquid state; hazardous Refuse of any kind, such as cleaning fluids, used crank
case oils, cutting oils, paints, acids, caustics, poisons, drugs; and any other materials that the
Facility Operator and the Counties shall agree, or that any other governmental MPCA or unit
having appropriate jurisdiction shall determine, is harmful or of a toxic or dangerous nature.
3.93 Waste By-products: means the liquids, gases, or other residues resulting from Solid Waste
Disposal, Processing, or treatment activities.
3.94 Waste Tire: means a pneumatic tire or solid tire for motor vehicles that has been discarded or that
can no longer be used for its original intended purpose because of wear, damage, or defect.
3.95 Waste Tire Collection Site: means a County Licensed and MPCA permitted Site or a Site
exempted from License or permit, used for the storage of Waste Tires.
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3.96 Waste Tire Dump: means an unlicensed, unpermitted Site being maintained, operated, used, or
allowed to be used for the collection, storage, keeping, or depositing of unprocessed Waste Tires
3.97 Waste Tire Processing Facility: means a Licensed Solid Waste Facility used for the shredding,
slicing, producing, or manufacturing of usable materials, including fuel, from Waste Tires
including incidental temporary storage activity. Processing does not include the retreading of
Waste Tires.
SECTION 4.00 LICENSING OF SOLID WASTE FACILITIES AND SITES
4.01 License Required. No Person shall make nor allow any land or property under their control to be
used for Solid Waste Management or Disposal purposes unless such land or property has been
duly Licensed pursuant to the provisions of this Ordinance.
The procedures for License issuance, denial, variance, revocation, suspension, renewal,
administration, and fees shall be governed by the Ramsey County Administrative Ordinance, to
the extent that said procedures do not conflict with provisions of this Ordinance.
4.02 License on Premises. A Solid Waste Facility or Site shall post the License, required by Section
4.01 of this Ordinance, in a public area of the business. Additionally all other required Licenses,
to include but not limited to, City Licenses, MPCA permits/permits-by-rule, National Pollutant
Discharge Elimination System (NPDES) permits, shall be posted in a public area of the business.
If there is not a public location at the Facility or Site available to post said Licenses and/or
permits, they shall be maintained on-site and presented for viewing on request.
4.03 Licensing Not Exclusive. Obtaining a Solid Waste Facility, Site, or Hauler License shall not be
deemed to exclude the necessity of obtaining other appropriate Licenses or permits except as
expressly provided herein. Compliance with the provisions of this Ordinance shall not relieve
any Person of the need to comply with any and all other applicable rules, regulations and laws.
4.04 Other Solid Waste Facility or Site: Any Solid Waste Facility or Site to be used for any method of
Solid Waste Management not otherwise provided for in this Ordinance must be Licensed by the
Department before operation may commence. The License application shall include a set of
complete plans, specifications, design data, ultimate land use plan, and proposed operating
procedures prepared by a professional engineer registered in the State of Minnesota.
4.05 Fees.
A. The County Board shall, by resolution, establish fees, including fees for the initial License,
initial application and plan review, and renewal of Licenses.
B. The County Board may, by resolution, establish such other fees as may be necessary for the
administration of this Ordinance.
C. Fees for new Licenses are due thirty (30) days after the billing date, unless a specific due date
other than the thirty (30) days has been established on the invoice.
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D. Fees for renewal of Licenses are due thirty (30) days prior to the expiration of the current
License. This may include the License fee, an application fee, as well as penalties for late
renewal, and any such other fees as imposed by the Ramsey County Administrative
Ordinance.
4.06 License Term. Unless otherwise provided by the County Board, each License granted pursuant
to the provisions of this Ordinance shall be non-transferable and shall be for a period of not more
than one year, except that initial Licenses may be issued for a period of up to 15 months, unless
earlier suspended or revoked. The License year for all licenses issued pursuant to this Ordinance
is from July 1 to June 30.
4.07 License Application.
A. License applications shall be submitted to the Department on forms provided by the
Department. Applicants shall provide any additional information as may be required by the
Department for the administration of this Ordinance.
B. Applications for renewal of licenses received after April 30th shall be considered late and
subject to a late application fee.
C. The date of receipt is the postmark date if mailed or the Department date of receipt if hand
delivered.
4.08 Incomplete or Non-Conforming Application. If an initial application for a Facility or Site License
is not complete or otherwise does not conform with the requirements set forth in this Ordinance,
the Department shall advise the applicant within one hundred twenty (120) days of application
receipt, in writing, of the reasons for non-acceptance and may request that the applicant resubmit,
modify, or otherwise alter the application. The applicant shall comply with such requests within
the time specified by the Department.
4.09 License Renewal. Applications for renewal of a Facility or Site License shall be submitted to the
Department by no later than April 30th of each year. Applications for License renewal must be
accompanied by a statement of any change in information submitted in the last approved License
or in the License renewal application. If there are no changes, it shall be so stated in the License
renewal application. If the Department does not act on an application for renewal of a License,
which is complete and submitted on time, the current License shall continue in force until action
is taken.
4.10 License Denial. Failure by the Department to act on an application for an initial Facility or Site
License within sixty (60) days from the date of receipt of a completed application shall constitute
grounds for the applicant to request a hearing pursuant to the provisions of the Ramsey County
Administrative Ordinance. Failure by the Department to act on any application shall be
construed as denial without prejudice.
4.11 Financial Assurance/Insurance:
A. Financial Assurance.
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1. Issuance of a Solid Waste Facility or Site License pursuant to the provisions of this
Ordinance shall be contingent upon the Operator furnishing to the Department proof of
financial assurance in an amount and form to be established by the County.
2. The amount of the financial assurance shall be calculated to include the following factors:
estimated cost, submitted by the Operator and approved by the Department, for an
independent third party contractor to Dispose of the maximum inventory of Solid Wastes
that may be on the Facility or Site at any one time and to perform any other activities
necessary to ensure that the Facility does not pose a threat to human health or the
environment, plus an additional thirty-five (35) percent to cover unanticipated costs and
administrative costs that the Department might incur. The condition of such bond,
insurance, or letter of credit shall be that if the principal fails to obey any of the
requirements or perform any of the acts required by this Ordinance, an order or notice
issued by the Department, or conditions of the License in the operation of the Site or
Facility, or if, for any reason, ceases to operate or abandons the Site or Facility, the
principal and the sureties on its bond, insurer, or obligor on its letter of credit shall pay for
any and all expenses required to remedy the failure of the principal to comply with the
terms of the Ordinance, orders or notices of the Department, or conditions of the License.
3. The principal will defend, indemnify and hold the County harmless from all losses, costs
and charges that may occur to the County because of any default of the principal under
the terms of its License.
4. In lieu of complying with the requirements of §4.11(A)(2), above, for facilities permitted
or granted interim status by the MPCA, or otherwise required by the MPCA to establish
financial assurance for Closure or corrective action, the Operator shall submit, in a form
acceptable to the County, satisfactory evidence of compliance with Minnesota Rules
§7035.2695.
B. Insurance. Issuance of a Solid Waste Facility or Site License shall be contingent upon
furnishing to the Department a certificate of insurance evidencing the following minimum
coverage:
1. Commercial General Liability Insurance:
a. $1,000,000 per occurrence /$2,000,000 aggregate
b. All policies shall be written on an occurrence basis using ISO form CG 00 01 or its
equivalent.
c. Ramsey County shall be added to the policy as an additional insured with respect to
the permit/License under this Ordinance.
2. Automobile Insurance:
a. Coverage shall be provided for hired, owned and non-owned auto.
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b. Minimum limits: $1,000,000 combined single limit.
c. Policy shall include CA9948 Pollution Liability-Broadened Coverage for Covered
Autos or its equivalent.
d.
If hauling Hazardous Waste, the policy will be endorsed with Form MCS-90 Motor
Carrier Policies of Insurance for Public Liability.
3. Environmental impairment liability including remediation, clean-up and legal liability
a. Minimum limits: $2,000,000 per occurrence/$2,000,000 annual aggregate.
b. Ramsey County shall be added to the policy as an additional insured with respect to
the permit/License under this Ordinance.
4. Workers’ Compensation as required by Minnesota Statutes.
5. Employer’s Liability minimum limits in the amount of $500,000/$500,000/$500,000.
6. Umbrella Liability:
a. Minimum limits in the amounts of $5,000,000 per occurrence/$5,000,000 general
aggregate
b. The policy will provide excess coverage over the commercial general liability and
automobile liability policies.
c. Ramsey County shall be added to the policy as an additional insured with respect to
the permit/License under this Ordinance.
C. All Certificates of Insurance shall provide that the insurance company gives the County thirty
(30) days prior written notice of cancellation, non-renewal and/or any material change in the
policy.
D. The above paragraphs establish minimum insurance requirements, and it is the sole
responsibility of the Licensee to purchase and maintain additional insurance that may be
necessary in connection with this its operation of the Facility or Site.
E. The Licensee shall not operate the Site or Facility until it has obtained the required insurance
and filed an acceptable Certificate of Insurance with the County. Copies of insurance policies
shall be submitted to the County upon request.
F. Certificates shall specifically indicate if the Policy is written with an admitted or nonadmitted carrier. Best’s Rating for the insurer(s) shall be noted on the certificate, and shall be
no less than an A-.
4.12 Change in Facility or Site Operation. No change shall be made in the operation of a Solid Waste
Facility or Site unless such change is first approved by the Department.
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4.13 Municipal Compliance: The applicant shall submit written proof of compliance with any
applicable municipal or township Ordinances and regulations with all applications required by
this Ordinance, to include zoning, occupancy, Licenses, permits, and approvals.
SECTION 5.00 TERMINATION OF LICENSED OPERATION AND ABANDONMENT
5.01 Termination of Operation. Any Person who, for any reason, terminates or ceases operations at a
Solid Waste Facility or Site must remove all Solid Waste and accumulated materials, to include
Recyclables, prior to termination of operations. Termination of Operations may include the sale
of an operation to a new entity; a business which dissolves or otherwise ceases to operate; the
relinquishing of a lease or rental rights to a property; or a change in operation such that Solid
Waste is no longer managed. Removal of the waste from the Site must be accomplished in full
compliance with this Ordinance and Minnesota Rules Chapter 7035. Materials remaining on the
Site of a terminated operation shall be considered waste materials. The continued storage of
Solid Waste on the Site of a terminated operation shall be done in compliance with the Solid
Waste storage Facility rules in Minnesota Rules Chapters 7001 and 7035 and this Ordinance.
5.02 Abandonment. Any Person who owns property on which Solid Waste or other accumulated
materials, to include Recyclables, have been abandoned must remove all Solid Waste and
accumulated materials, to include Recyclables, within a timeframe established by the
Department. Removal shall be accomplished in full compliance with this Ordinance and
Minnesota Rules Chapter 7035. Continued storage of these wastes on the property is prohibited
and shall be considered a violation of this Ordinance.
SECTION 6.00 SOLID WASTE FACILITY/SITE OPERATIONS
6.01 State Rule Adopted: The general Solid Waste Management Facility and Site requirements shall
be in accordance with MPCA Solid Waste Management Rules 7035.2535 which is hereby
incorporated by reference as part of this Ordinance.
6.02 General Design and Construction Requirements: The following items shall be established,
constructed, or provided for at all Solid Waste Facilities, unless specifically exempted by the
Department:
A.
B.
C.
D.
E.
F.
G.
H.
I.
Sanitary facilities and shelter shall be available for Site Personnel.
Litter control devices such as portable fences.
Electrical service for operations and repairs.
Firefighting facilities on Site adequate to insure the safety of employees.
Emergency first aid equipment to provide adequate treatment for accidents including those
resulting from hazardous and toxic wastes.
A potable water supply for Site Personnel.
Shelter for maintenance and storage of Site equipment.
Adequate facilities to ensure that no vehicle desiring entry into the Site may have to wait
outside the perimeter of the Site.
Adequate communication facilities shall be provided for emergency purposes.
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J. The Site shall be fenced and a gate shall be provided at the entrance to the Site and kept
locked when an attendant is not on duty.
K. An all-weather haul road to the unloading area.
L. Visual screening of the Site, as approved by the Department, shall be provided by use of
natural objects, trees, plants, seeded soil berms, fences, or other suitable means.
M. An area shall be designated to inspect and store Solid Waste to determine whether or not
Unacceptable Waste is contained in the Solid Waste deposited at the Site.
N. If weight scales are provided, scales must be annually certified as to accuracy by the State of
Minnesota.
6.03 Personnel Safety Measures
A. All fire exits shall be readily marked as required by the State Fire Code and shall be
maintained in a manner that shall allow unobstructed exiting in the case of an emergency.
B. All fire extinguishers shall be marked, maintained, and readily accessible as required by the
State Fire Code. Inspection tags shall be attached and show dates of monthly inspections and
who conducted the inspection.
C. If eye wash and shower stations are provided, they shall be marked, maintained, and readily
accessible as required by the Occupational Safety and Health Administration (OSHA).
Inspection tags shall be attached and show dates of monthly inspections and who conducted
the inspection.
D. All areas shall be marked as necessary for Slip/Trip/Fall/Low Headroom hazardous as
required by OSHA.
E. All equipment shall be equipped with back-up alarms that are maintained and functional as
required by OSHA.
F. Safety glasses, hearing protection, proper footwear, work clothes, hard hats, reflective safety
vests, or other items designed or required by OSHA or the Facility/Site Operational Plan for
Personnel safety shall be provided and worn at all times within the Facility during operational
activities.
G. No food, drink, gum, cigarettes, cigars, or smoking pipes shall be consumed or used at any
time within the Facility or Site during operational activities.
6.04 General Operating Procedures: Any Person who has been granted a License by the Department to
operate a Solid Waste Facility or Site shall comply with the following general operating
procedures:
A. Open Burning. Open burning of Solid Waste is prohibited.
B. Scavenging. Scavenging of any materials by any Person, once Disposed of at the Facility or
Site, is prohibited.
C. Salvaging. Salvaging of Recyclables or materials for reuse, once Disposed of at the Facility
or Site, shall be allowed only upon conditions approved in writing by the Department.
D. Wind-Blown Material. Unloading of Solid Waste shall be confined to as small an area as
practicable and surrounded with appropriate materials to confine possible wind-blown
material within the area. At the conclusion of each day of operation, all wind-blown material
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resulting from the operation shall be collected and returned to the area by the Owner or
Operator.
E. Cover and Compaction of Putrescible Materials. Putrescible Materials, if allowed to be
Disposed of at the Facility or Site, which have reached a foul state of decay or
decomposition, shall be immediately covered and compacted.
F. Public Nuisance Control. Control of vectors, such as rodents and flies, and of odors, dust,
wind-blown material and other potential public nuisances shall be sufficient to prevent or
eliminate any public nuisance. Should the Department so prescribe, an exterminator or pest
control agent, at the Licensee's expense, shall be engaged to inspect the Facility or Site on at
least a monthly basis. The Licensee shall send a copy of each inspection report to the
Department immediately upon its receipt.
G. Reports. The Owner or Operator of the Facility or Site shall prepare and submit the following
reports to the Department on forms provided by the Department and in a manner as instructed
by the Department.
1. Monthly Reports. A monthly report of the Facility’s or Site’s operation shall be submitted
to the Department. This report shall include, but not be limited to, the amount of each
type of Solid Waste delivered to the Facility or Site by County of origin, final deposition
of each type of waste by County of origin and Recycling operation information.
2. Other Reports. The Department may require the Licensee to submit other reports and
information as necessary to determine that the Facility or Site has managed all Solid
Waste and operated in accordance with all applicable laws, statutes, rules, regulations and
Ordinances.
3. Record Retention Times. Operating records must be kept on-site for a minimum of three
(3) years unless required under state or federal rules or laws to be held for a longer period
of time.
H. Supervisor/Operator. A Facility or Site supervisor or Operator, who has been identified on the
License application, must be on-site at all times that the Facility or Site is open for business
and conducting operational activities.
SECTION 7.00 COLLECTION AND TRANSPORTATION OF SOLID WASTE.
This section shall apply to Haulers who own, operate or lease vehicles for the purpose of collection and
transportation of Mixed Municipal Solid Waste in Ramsey County and the seven County Metropolitan
Area.
7.01 Definitions: Unless specifically defined herein, terms used in this section shall have common
usage meaning. For purposes of this section, the words "must" and "shall" are mandatory and not
permissive. Terms, which are defined in the Waste Management Act, Minnesota Statute 115A.01
et seq., shall have the same definition in this Ordinance.
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A. Base County: shall mean the metropolitan County in which a Hauler's office, records, and
vehicles are primarily located. If differing parts of the Hauler's business are located in more
than one Metropolitan County, the Base County shall be the Metropolitan County in which
most of the Hauler's vehicles are kept, as determined by the Department at the time of
licensing. The Base County for Haulers based in a County not participating in the Regional
Hauler Licensing Program shall be an adjacent Metropolitan County as determined by the
Department.
B. Base License: shall mean the License obtained by the Hauler from the Base County as a
precondition to obtaining an Operating License from the County.
C. Counties: shall mean Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington
Counties or, if one or more of said Counties withdraws from the Regional Hauler Licensing
Program, the remaining Counties.
D. Hauler: shall mean any Person, firm, corporation, association, partnership, or other entity,
other than an individual resident hauling his or her household waste, who collects or
transports Mixed Municipal Solid Waste that is generated in the Counties.
E. Operating County: shall mean any of the Counties, including the Base County, in which the
Hauler collects or transports Mixed Municipal Solid Waste.
F. Operating License: shall mean the License, issued by an Operating County, to operate within
each Operating County, including in the Base County, in which the Hauler collects or
transports Mixed Municipal Solid Waste and which may contain specific conditions imposed
by the issuing County.
G. Regional Hauler Licensing Program: shall mean the cooperative Hauler licensing program
established by joint powers agreement of February 1, 1995, by and between Anoka, Carver,
Dakota, Hennepin, Ramsey, Scott and Washington Counties.
H. Solid Waste Management Coordinating Board or "SWMCB": shall mean the joint powers
board established by agreement of the Counties for the coordination of Solid Waste
Management issues in the Metropolitan Area.
7.02 State Rule Adopted: The collection and transportation of Solid Waste shall be performed in
accordance with Solid Waste Rule 7035.0800 which is hereby adopted by reference as part of
this Ordinance.
7.03 License Required: No Hauler shall collect or transport Mixed Municipal Solid Waste generated
in Ramsey County unless the Hauler has a valid Base License from the Base County and a valid
Ramsey County Operating License. On the expiration date of the current License, any activity for
which the License is required shall cease.
A. General Licensing Requirements. The following information shall be submitted to the
Department as part of the application process for obtaining a Base and/or Operating License.
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1. License Application for Base and Operating Licenses. The Hauler shall submit a
completed application to the Base County on forms provided by the Base County. The
Hauler shall submit to the Base County all License application information necessary to
obtain a Base License and all Operating Licenses. Information necessary to obtain Base
and Operating Licenses shall be set forth on the application forms as determined by the
Department. Applications, which are not complete, may be returned to the Hauler. An
application will be deemed incomplete if information is omitted, incomplete, inaccurate
or non-compliant, or if the required fees do not accompany the application.
a. Incomplete or Non-Conforming Application. If an application for a Base or Operating
License is not complete or otherwise does not conform to the requirements set forth in
this Ordinance, the Department shall notify the applicant, in writing, of the reasons for
nonacceptance and may request that the applicant resubmit, modify or otherwise alter
the application. The notification required in this subpart shall be served upon the
applicant by first class mail sent to the address provided on the application form.
b. License Fees. The Hauler shall pay all License fees to the Base County for a Base
License and all Operating Licenses issued pursuant to the Regional Hauler Licensing
Program. Such License fees shall be established by the Solid Waste Management
Coordinating Board. No License fee shall be prorated for a portion of a year and no
License fee shall be refunded.
c. Late Fees. Complete applications received after the due date established in 7.03 A.1.e.
on this Section shall be subject to the following late fees:
1. One to seven days late - Twenty-five percent (25%) Late Fee
2. Eight to thirty days late - Fifty percent (50%) Late Fee
3. More than thirty days late - One hundred percent (100%) Late Fee
d. No Bar to Enforcement Action. Payment of the License fee together with payment of
any late fees shall not bar other enforcement action by the County.
e. Application Due. Hauler License renewal applications must be submitted to the Base
County by April 30 each year. A License renewal application received after April 30
shall be subject to a late fee.
f. Failure to Act on License Application. If the Base County does not act on a License
renewal application, which is complete and submitted by June 30, the current Base
License and Operating Licenses shall continue in force until action is taken. If the
Department fails to act within sixty (60) days of receipt of a completed initial
application, the applicant may request a hearing on the application. The request for a
hearing shall be as set forth in the Ramsey County Administrative Ordinance.
g. License Transfer. All Base Licenses and Operating Licenses are non-transferable.
h. License Year. The License year shall be July 1 through June 30.
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i. License Issuance. Base and Operating Licenses shall be issued by the Department
consistent with this Ordinance.
j. False Information. Submission of false information shall be deemed a violation of this
Ordinance.
B. Base License Required: A Hauler, which collects or transports Mixed Municipal Solid Waste
in the County shall obtain and maintain a Base License from the Base County. A hauler
which collects or transports Mixed Municipal Solid Waste generated in any of the other
Counties shall obtain and maintain a Base License from the County, if the County is the
Hauler's Base County.
1. Vehicles Licensed. All vehicles used by the Hauler for the collection or transportation of
Mixed Municipal Solid Waste generated within the Counties shall be included in the
Hauler's Base License application.
2. Decalcomania. Each vehicle used by a Hauler for the collection or transportation of
Mixed Municipal Solid Waste generated within the Counties shall be identified by a
License decal issued by the Base County for that vehicle for the current License year. The
Hauler must affix the decal in a conspicuous place on the left side of the cab of the
vehicle for which it was issued, as directed by the Department. The Hauler must maintain
the License decal so that it is readily visible and legible at all times. Any vehicle not
bearing the required decal shall be considered unlicensed. If a vehicle is put into service
during the License year, the Hauler shall submit the required information for this vehicle
to the Base County and shall not use the vehicle to collect or transport Mixed Municipal
Solid Waste within the Counties until a decal has been issued and affixed to the new
vehicle.
3. Insurance. The Hauler shall obtain and submit certificates of insurance issued by insurers
duly Licensed by the State of Minnesota providing the following coverage, or a selfinsurance plan certified by the Department of Commerce providing equivalent coverage:
a. General liability coverage in the amount of $500,000 for bodily injury per occurrence,
$250,000 for property damage per occurrence, or $500,000 combined single limit; and
b. Automobile liability coverage in the amounts of $500,000 for property damage,
$250,000 for bodily injury per Person and $500,000 for bodily injury per accident, or
$500,000 combined single limit.
c. Workers Compensation insurance in accordance with Minn. Stat. 176.
Nothing in this provision shall prohibit a Hauler from providing insurance with limits higher than
the limits provided herein. All such required policies shall name the Solid Waste Management
Coordinating Board, Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington Counties
as additional insureds. All policies and certificates shall be endorsed to require that the insurer
provide at least a sixty (60) day written notice to the County prior to the effective date of policy
cancellation, non-renewal, or material adverse change in coverage terms. The Hauler shall
maintain insurance in compliance with this paragraph throughout the term of the Base License.
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4. License Suspension or Revocation: The Department may suspend or revoke any Hauler's
Base License issued by the County for violation of any of the requirements set forth in
7.03 B. of this Ordinance or violation of any Base License conditions.
C. Operating License Required: Any Hauler, which collects or transports Mixed Municipal Solid
Waste in the County must obtain and maintain an Operating License from the County. A
Hauler shall obtain and maintain a Base License from the Base County in order to be eligible
for an Operating License.
1. Standards. The issuance of an Operating License shall be subject to the provisions of
County Solid Waste and Administrative Ordinances and any other conditions set forth in
this Ordinance or established by the County Board of Commissioners.
2. Vehicles Licensed. All vehicles used by the Hauler for the collection or transportation of
Mixed Municipal Solid Waste within the County shall be included in the Hauler's Base
License application to the Base County.
3. Vehicle Decals. The Hauler must affix the decal required by the Base County in a
conspicuous place on the left side of the cab of the vehicle for which it was issued as
directed by the Base County. The Hauler must maintain the License decal so that it is
readily visible and legible at all times. Any vehicle not bearing the required decal shall be
considered unlicensed.
4. License Suspension or Revocation. The Department may suspend or revoke any Hauler's
Operating License issued by the County for violation of any of the requirements set forth
in Section 7.00 of this Ordinance or violation of any Operating License conditions.
Suspension or revocation of a Hauler's Base License by the Base County shall constitute
sufficient basis for the summary suspension or revocation of the Hauler's Operating
License issued by the County.
5. Route Description. The Department may require that the applicant submit a detailed
description of the daily route(s) to be followed by each of the applicant's vehicles during
the collection or transportation of Solid Waste. Route information received by the
Department pursuant to this section is nonpublic data as defined in Minnesota Statutes
Sections 13.37 and 13.02, Subdivision 9.
6. Additional Data. The applicant shall submit additional data requested by the Department
regarding the applicant, the business and/or the License application.
7.04 Equipment and Operation Requirements:
A. Equipment Requirements. All Mixed Municipal Solid Waste Collection and Transportation
Vehicles and containers shall be easily cleanable, leak-proof, durable, and be covered with
metal, canvas, or fishnet type material made for this purpose.
B. Maintenance. All Mixed Municipal Solid Waste Collection and Transportation Vehicles shall
be maintained in a safe and sanitary manner. Brooms, shovels, and spill absorbent material
21
shall be provided on each vehicle for the purpose of cleaning spilled material. All safety
equipment including but not limited to horns, lights, and reflectors shall be operable. All
decals, labeling and License plates shall be maintained so that they remain readily visible and
legible at all times.
C. Identification. The business name and telephone number of the Hauler shall be printed or
painted in legible characters on both sides of all vehicles and at a minimum the front and back
of all containers, regardless of size, used by the Hauler to store, collect or transport Mixed
Municipal Solid Waste generated within the County. Characters used in said labeling shall be
at least four (4) inches in height for all vehicles and at least two (2) inches in height for all
containers. This provision shall not apply to containers owned and maintained by a Mixed
Municipal Solid Waste Generator.
D. Inspection. The Department may inspect and approve all Solid Waste Collection and
Transportation Vehicles and containers.
E. Storage in Vehicles. The Hauler shall not allow Mixed Municipal Solid Waste to remain or
be stored in any collection or transportation vehicle or container, following collection, in
excess of 24 hours, except over a Sunday or holiday when the Facility is closed or in the
event of an emergency such as inclement weather, equipment breakdown or accident.
F. Protecting Private Property. The Hauler shall take reasonable care to protect the property of
customers being served. The Hauler shall be responsible for any damage or spillage of Mixed
Municipal Solid Waste as a result of operational activity.
G. Smoking, Smoldering or Burning Solid Waste. The Hauler shall not collect and transport
Mixed Municipal Solid Waste materials that are smoking, smoldering or burning.
H. Dumping in an Emergency. The Hauler shall be responsible for the cleanup of any Mixed
Municipal Solid Waste that must be dumped in an emergency. The Operator of the vehicle
shall immediately notify the Department, the local municipality, the appropriate law
enforcement agency, the MPCA, and the Minnesota Duty Officer of such a dumping and
clean the area within a time limit set by the Department.
I. Discharge of Liquid Waste. The Hauler shall not discharge nor allow the discharge of liquid
waste from Mixed Municipal Solid Waste Collection and Transportation Vehicles or
containers at any location, except at the Facility or another designated Solid Waste Facility as
part of a load.
J. Volume or Weight Based Rates and Charges. The Hauler shall impose charges on residential
and commercial customers for the collection of Mixed Municipal Solid Waste that increase
with the volume or weight of the waste collected. The Hauler shall provide to new residential
customers, and twice per year to all residential customers, written notice of the volume or
weight based structure. The Hauler shall provide, upon request of a residential customer, a
schedule of the Hauler's charges.
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K. Charges for Recycling. The Hauler shall not impose a greater charge for the collection of
Mixed Municipal Solid Waste on residential customers that recycle than on residential
customers that do not recycle.
L. Collection Records. The Hauler shall maintain records regarding the volume or weight, type,
and origin of Solid Waste collected. Each day, a record of the origin, type, and weight of the
Solid Waste collected that day and the identity of the Solid Waste Facility at which that day's
collected Solid Waste is deposited must be kept on the Solid Waste collection vehicle. If the
Solid Waste is measured by volume at the Solid Waste Facility at which it is deposited, the
record may show the volume rather than the weight of the Solid Waste. For the purposes of
this section "origin" means a general geographical description that at a minimum names the
local government unit within the County, and "type" means a best estimate of the percentage
of each truck load that consists of residential, commercial, industrial, Demolition debris or
any other general type of Solid Waste.
M. Volume Requirement. A Hauler that charges residential customers for the collection of Mixed
Municipal Solid Waste based on volume instead of weight shall establish a multiple unit
pricing system with a base unit volume determined by the County and prices which ensure
that amounts of waste generated in excess of the base unit volume are priced higher than the
base unit volume price. The base unit volume shall be established by resolution by the
County Board after consultation with Licensed collectors.
7.05 Conditions: Violation of any condition imposed by the County on a License or variance shall be
deemed a violation of this Ordinance and subject to the enforcement provisions set forth in this
Ordinance.
7.06 Interpretation: In their interpretation, the provisions of this Ordinance shall be held to be
minimum requirements and shall not be deemed a limitation or repeal of any other powers or
authority granted by Minnesota Statutes or Rules or other Ordinance.
7.07 Termination or Cancellation of Regional Hauler Licensing Program: Upon termination of the
Regional Hauler Licensing Program or the withdrawal of the County, any Hauler Licenses in
effect at that time, shall continue in force until the end of the current License year, unless
otherwise suspended or revoked.
SECTION 8.00 MIXED MUNICIPAL SOLID WASTE LAND DISPOSAL FACILITIES.
This section applies to Solid Waste Facilities designed, constructed, maintained, or operated as a
Mixed Municipal Solid Waste Land Disposal Facility.
8.01 State Rule Adopted: The design, construction, and operation of Mixed Municipal Solid Waste
Land Disposal Facilities shall be in accordance with MPCA Solid Waste Management Rules Part
7035.2815 which is hereby adopted by reference as part of this Ordinance.
8.02 Additional Requirements for a Mixed Municipal Solid Waste Land Disposal Facility License.
The following information and materials prepared by a professional engineer registered in the
23
State of Minnesota shall be submitted to the Department as additional requirements to the
requirements set forth in Section 4.00 of the Ordinance..
A. Existing Conditions Plan. A current map or aerial photograph of the area showing land use
and zoning with 1/4 mile of the Solid Waste Land Disposal Facility. The map or aerial
photography shall be of sufficient scale to show all homes, buildings, lakes, ponds, water
courses, wetlands, dry runs, rock outcroppings, roads, and other applicable details and shall
indicate the general topography with contours and drainage patterns. Wells shall be identified
on the map or aerial photography, U.S.G.S. datum shall be indicated, and a north arrow
drawn. A location insert map shall be included.
B. Plot Plan. A plot plan including at least the legal description of the Facility and immediate
adjacent area showing dimensions, location of soil borings, present and planned pertinent
features including but not limited to roads, fencing and cover stockpiles. The plan of
development including any excavation, trenching and fill shall be shown progressively with
time. Cross sections shall be included on the plot plan or on separate sheets showing
progressively with time the original and proposed elevation of excavation, trenching and fill.
The scale of the plot plan should not be greater than 200 feet per inch.
C. Land Use Plan. An ultimate land use plan, including intermediate stages, identifying the total
and complete land use. The scale of the ultimate land use plan shall not be greater than 200
feet per inch.
D. Report. A report shall accompany the plans indicating:
1. Population and areas expected to be served by the proposed Facility.
2. Anticipated type, quantity and source of material to be Disposed of at the Facility.
3. Geological formations and ground water elevations to a depth of at least ten (10) feet
below proposed excavation and lowest elevation of the Facility, including the high-water
table. Such data shall be obtained by soil borings or other appropriate means.
4. Source and characteristic of Cover Material and method for protecting Cover Material for
winter operation.
5. Type and amount of equipment to be provided at the Facility for excavating, earth
moving, spreading, compacting and other needs.
6. Area of Facility in acres.
7. Owner of Facility and the Owner of the property on which the Facility is located.
8. Persons responsible for actual operation and maintenance of the Facility and intended
operating procedures.
8.03 Design and Construction Requirements: The following items shall be established, constructed, or
provided for at the Facility, in addition to the requirements as set forth in Section 6.00 SOLID
24
WASTE FACILITY AND SITE OPERATIONS 6.02 General Design and Construction
Requirements in this Ordinance and in the MPCA Rules Part 7035.2815:
A. Equipment sufficient for spreading, compacting, and covering operations to include sufficient
reserve equipment or arrangements to provide for all operations within 24 hours of equipment
breakdown.
B. At each entrance to the Facility the Licensee shall erect and maintain a sign stating the name
of the Solid Waste Facility, the schedule of days and hours the Solid Waste Facility is open to
the public, prices for use of the Solid Waste Facility and MPCA permit number and penalty
for nonconforming dumping. Plans and specifications for the sign wordage and its proposed
placement shall be submitted to the Department for its approval prior to the sign's installation.
Any changes to the sign after initial installation are also subject to approval by the
Department.
C. Suitable Disposal facilities shall be provided for individuals who wish to transport and
Dispose of their own Solid Waste provided said Solid Waste has been determined by the
Department to be acceptable at the Facility.
D. The fill and trench areas of a Mixed Municipal Solid Waste Land Disposal Facility are
prohibited within Shoreland.
8.04 Operating Procedures: Any Person who has been granted a License by the Department to operate
a Mixed Municipal Solid Waste Land Disposal Facility shall comply with the requirements as set
forth in Section 6.00 SOLID WASTE FACILITY AND SITE OPERATIONS 6.04 General
Operating Procedures, in addition to the requirements in the MPCA Rules Part 7035.2815:
SECTION 9.00 CONSTRUCTION AND DEMOLITION WASTE LAND DISPOSAL FACILITIES.
This section applies to all Solid Waste Facilities designed, constructed, or operated for the land
Disposal of Demolition Waste, regardless of size or duration of operation. Construction and
Demolition Cleanfill Sites shall be included in this section, as indicated.
9.01 State Rule Adopted: The design, construction, and operation of a construction and Demolition
Waste Land Disposal Facility shall be in accordance with MPCA Solid Waste Management
Rules Part 7035.2825 which is hereby adopted by reference as part of this Ordinance.
9.02 Additional Requirements for a Construction and Demolition Waste Land Disposal Facility
License. The following information and materials prepared by a professional engineer registered
in the State of Minnesota shall be submitted to the Department as additional requirements to the
requirements set forth in Section 4.00 of this Ordinance..
A. Existing Conditions Plan. A current map or aerial photograph of the area showing land use
and zoning within 1/4 mile of the Solid Waste Land Disposal Facility. The map or aerial
photography shall be of sufficient scale to show all homes, buildings, lakes, ponds, water
courses, wetlands, dry runs, rock outcroppings, roads, and other applicable details and shall
indicate the general topography with contours and drainage patterns. Wells shall be identified
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on the map or aerial photography, U.S.G.S. datum shall be indicated, and a north arrow
drawn. A location insert map shall be included.
B. Plot Plan. A plot plan including legal description of the Facility and immediate adjacent area
showing dimensions, location of soil borings, present and planned pertinent features
including but not limited to roads, fencing and cover stockpiles. The plan of development
including any excavation, trenching and fill shall be shown progressively with time. Cross
sections shall be included on the plot plan or on separate sheets showing progressively with
time the original and proposed elevation of excavation, trenching and fill. The scale of the
plot plan should not be greater than 200 feet per inch.
C. Land Use Plan. An ultimate land use plan, including intermediate stages, identifying the total
and complete land use. The scale of the ultimate land use plan shall not be greater than 200
feet per inch.
D. Report. A report shall accompany the plans indicating:
1. Population and areas expected to be served by the proposed Facility.
2. Anticipated type, quantity and source of material to be Disposed of at the Facility.
3. Geological formations and ground water elevations to a depth of at least ten (10) feet
below proposed excavation and lowest elevation of the Facility, including the high-water
table. Such data shall be obtained by soil borings or other appropriate means.
4. Source and characteristic of Cover Material and method for protecting Cover Material for
winter operation.
5. Type and amount of equipment to be provided at the Facility for excavating, earth
moving, spreading, compacting and other needs.
6. Area of Facility in acres.
7. Owner of Facility and the Owner of the property on which the Facility is located.
8. Persons responsible for actual operation and maintenance of the Facility and intended
operating procedures.
9.03 Design and Construction Requirements: The following items shall be established, constructed, or
provided for at the Site, in addition to the requirements as set forth in Section 6.00 SOLID
WASTE FACILITY AND SITE OPERATIONS 6.02 Design and Construction Requirements in
this Ordinance and in the MPCA Rules Part 7035.2825:
A. Equipment sufficient for spreading, compacting, and covering operations to include sufficient
reserve equipment or arrangements to provide for all operations within 24 hours of equipment
breakdown.
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B. At each entrance to the Facility the Licensee shall erect and maintain a sign stating the name
of the Solid Waste Facility, the schedule of days and hours the Solid Waste Facility is open to
the public and prices for public use of the Solid Waste Facility if so approved, and MPCA
permit number and penalty for nonconforming dumping. Plans and specifications for the sign
wordage and its proposed placement shall be submitted to the Department for its approval
prior to the sign's installation. Any changes to the sign after initial installation are also subject
to approval by the Department.
C. Suitable Disposal facilities shall be provided for individuals who wish to transport and
Dispose of their own Solid Waste provided the Department has approved public usage at the
Facility.
D. The fill and trench areas of a Construction and Demolition Waste Land Disposal Facility are
prohibited within Shoreland.
9.04 Operating Procedures: Any Person who has been granted a License by the Department to operate
a Construction and Demolition Waste Land Disposal Facility shall comply with the requirements
as set forth in SECTION 6.00 SOLID WASTE FACILITY AND SITE OPERATIONS 6.04
General Operating Procedures, the following operational requirements, in addition to the
requirements in the MPCA Rules Part 7035.2825:
A. Public Use Prohibited. No public usage will be allowed except where specifically approved.
B. Pest Eradication. Before any materials from demolished structures may be deposited, the
Licensee must submit proof acceptable to the Department that the demolished structure has
been subjected to satisfactory pest eradication prior to Demolition.
C. Refuse Prohibited. No paper, plastic, cardboard, cans, bottles, tires, appliances, vehicles, or
other materials not specifically permitted by this Ordinance shall be deposited.
SECTION 10.00 INDUSTRIAL SOLID WASTE LAND DISPOSAL FACILITIES.
This section applies to all Solid Waste Facilities designed, constructed, maintained, or operated as an
Industrial Solid Waste Land Disposal Facility.
10.01 State Rule Adopted: The design, construction, and operation of Industrial Solid Waste land
Disposal facilities shall be in accordance with MPCA Solid Waste Management Rules Parts
7035.1590 - 7035.2500 which are hereby adopted by reference as part of this Ordinance.
10.02 Additional Requirements for an Industrial Solid Waste Land Disposal Facility License. The
following information and materials prepared by a professional engineer registered in the State
of Minnesota shall be submitted to the Department as additional requirements to the
requirements set forth in Section 4.00 of this Ordinance.
A. Existing Conditions Plan. A current map or aerial photograph of the area showing land use
and zoning within 1/4 mile of the Industrial Waste Land Disposal Facility. The map or
aerial photography shall be of sufficient scale to show all homes, buildings, lakes, ponds,
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water courses, wetlands, dry runs, rock outcroppings, roads, and other applicable details
and shall indicate the general topography with contours and drainage patterns. Wells shall
be identified on the map or aerial photography, U.S.G.S. datum shall be indicated, and a
north arrow drawn. A location insert map shall be included.
B. Plot Plan. A plot plan including legal description of the Facility and immediate adjacent
area showing dimensions, location of soil borings, present and planned pertinent features
including but not limited to roads, fencing and cover stockpiles. The plan of development
including any excavation, trenching and fill shall be shown progressively with time. Cross
sections shall be included on the plot plan or on separate sheets showing progressively with
time the original and proposed elevation of excavation, trenching and fill. The scale of the
plot plan should not be greater than 200 feet per inch.
C. Land Use Plan. An ultimate land use plan, including intermediate stages, identifying the
total and complete land use. The scale of the ultimate land use plan shall not be greater than
200 feet per inch.
D. Report. A report shall accompany the plans indicating:
1. Population and areas expected to be served by the proposed Facility.
2. Anticipated type, quantity and source of material to be Disposed of at the Facility.
3. Geological formations and ground water elevations to a depth of at least ten (10) feet
below proposed excavation and lowest elevation of the Facility, including the highwater table. Such data shall be obtained by soil borings or other appropriate means.
4. Source and characteristic of Cover Material and method for protecting Cover Material
for winter operation.
5. Type and amount of equipment to be provided at the Facility for excavating, earth
moving, spreading, compacting and other needs.
6. Area of Facility in acres.
7. Owner of Facility and the Owner of the property on which the Facility is located.
8. Persons responsible for actual operation and maintenance of the Facility and intended
operating procedures.
10.03 Design and Construction Requirements: The following items shall be established, constructed,
or provided for at the Site, in addition to the requirements as set forth in SECTION 6.00
SOLID WASTE FACILITY AND SITE OPERATIONS 6.02 General Design and Construction
Requirements in this Ordinance and in the MPCA Rules Part 7035.1590 - 7035.2500:
A. Equipment sufficient for spreading, compacting and covering operations to include
sufficient reserve equipment or arrangements to provide for all operations within 24 hours
of equipment breakdown.
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B. At each entrance to the Facility the Licensee shall erect and maintain a sign stating the
name of the Solid Waste Facility, the schedule of days and hours the Solid Waste Facility is
open to the public and prices for public use of the Solid Waste Facility if so approved, and
MPCA permit number and penalty for nonconforming dumping. Plans and specifications
for the sign wordage and its proposed placement shall be submitted to the Department for
its approval prior to the sign's installation. Any changes to the sign after initial installation
are also subject to approval by the Department.
C. The fill and trench areas of an Industrial Solid Waste Land Disposal Facility are prohibited
within Shoreland.
10.04 Operating Procedures: Any Person who has been granted a License by the Department to
operate an industrial waste Land Disposal Facility shall comply with the requirements as set
forth in SECTION 6.00 SOLID WASTE FACILITY AND SITE OPERATIONS 6.04 General
Operating Procedures, the following operational requirements, in addition to the requirements
in the MPCA Rules Part 7035.1590 - 7035.2500:
A. Public Use Prohibited. No public usage will be allowed except where specifically approved.
B. Pest Eradication. Before any materials from demolished structures may be deposited, the
Licensee must submit proof acceptable to the Department that the demolished structure has
been subjected to satisfactory pest eradication prior to Demolition.
C. Refuse Prohibited. No paper, plastic, cardboard, cans, bottles, tires, appliances, vehicles, or
other materials not specifically permitted by this Ordinance shall be deposited.
SECTION 11.00 LAND APPLICATION/BIOREMEDIATION OF SOLID WASTE.
This section applies to all Facilities/Sites designed, constructed, or operated for the Land application or
Bioremediation of Solid Waste.
11.01 State Rules Adopted: The general requirements and standards for a Solid Waste Land
Application/Bioremediation Facility or Site shall be in accordance with MPCA Solid Waste
Management Rules Parts 7035.2535 to 7035.2655 which are hereby adopted by reference as
part of this Ordinance.
11.02 Approval Required: It is unlawful for any Person to establish, operate, or maintain a Solid
Waste Land Application/Bioremediation Facility or Site without first being granted approval to
do so by the Department.
11.03 Approval Requirements: The applicant shall submit the following:
A. An Operational/Procedural Plan, a Contingency Action Plan and a Closure Plan. If the
Facility or Site will be accepting and managing wastes classified as Industrial Waste, an
Industrial Waste Plan must also be included. Once the Facility or Site is in operation, these
documents must be updated, maintained, and kept accessible on-site at all times that the
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Facility or Site is in operation. The plans shall include as a minimum:
1. Complete plans and specifications, proposed operating procedures for the land
application or bioremediation Facility or Site, equipment to be used, and if not land
applied on-Site, the final Disposal location.
2. A Contingency Action Plan identifying procedures and actions to be taken in the event
of fire, spill, chemical release, physical injury or other emergency situations at the
Facility or Site.
3. A description of the overall operation and a functional description of all equipment to
be used, including design and anticipated performance.
4. The procedures for Facility or Site start-up, and scheduled and unscheduled shut down
operations.
5. A description of potential safety hazards and methods of control including, but not
limited to: fire and smoke detection; air monitoring; fire control devices; odor,
ventilation, and exhaust control systems.
6. A description of worker protection, training and safety equipment to be employed onSite.
7. A description and schedule of cleaning procedures to be employed at the Facility or
Site.
8. A description of the methods of weighing or measuring the Solid Waste accepted at the
Facility or Site.
B. A description and analysis of each waste type proposed for deposit. Data on waste types
shall include, at minimum, the following information:
1. The sources, processes, or treatment systems from which the wastes originate;
2. The waste pretreatment or waste Processing technique required prior to Land
Application or Bioremediation;
3. The volumes of Solid Waste to be land spread and, if applicable, stored prior to Land
Application or Bioremediation;
4. The physical and chemical characteristics of the waste obtained from representative
waste samples.
C. Estimated start date and time required for completion of the project.
D. An assessment and analysis of data including conclusions drawn concerning the potential
benefits and adverse effects of the Land Application or Bioremediation program. Such
assessment shall include a demonstration that the waste has value as a soil conditioner or
fertilizer. Demonstration methods may include:
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1. Documentation of previous successful uses of the Solid Waste, or other Solid Wastes
with similar compositions, properties, and characteristics;
2. Documentation of compliance with existing regulations pertaining to the licensing and
Marketing of fertilizers or soil conditioners.
E. A description of information of the characteristics of the Site(s) to be used for Land
Application or Bioremediation program including at least the following:
1. Site locations including copies of soils maps, plat maps and U.S.G.S. topographic maps;
2. Description of the contracts or agreements covering use of the land including Owner's
name, address and telephone number;
3. Description of on-site land uses and current land uses on surrounding properties;
4. Description of the Site geology and hydrogeology;
5. Location of all homes and private wells within 1/4 mile of the Site;
6. Description of the crops to be grown or dominant vegetation of the Site;
7. Soil test results from samples taken on-site. Parameters to be analyzed shall be those
deemed necessary for analysis and design of the proposed operation; and
8. Description of other soil additives to be used on the Site.
F. Information on Site design, Site development and operation plans including at least the
following:
1. Provisions for interim waste storage or Disposal when normal Land Spreading Sites are
unavailable or inaccessible, including:
a. type of storage or Disposal;
b. location of storage or Disposal Facility;
c. capacity of storage or Disposal Facility;
d. construction details;
e. property interest or contractual agreement allowing use of the storage or Disposal
Facility;
f. future anticipated use of the storage or Disposal Facility;
g. evaluation of environmental effects resulting from use of the storage or Disposal
Facility.
2. Proposed mode of Solid Waste transportation, including:
a. the transporter of the Solid Waste;
b. the method of transportation;
c. the type of vehicle used for Solid Waste transportation;
d. spill contingency plans and notification procedures.
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3. Proposed maximum rates of application (annual and cumulative) for parameters
specified by the Department.
4. Proposed crop monitoring, soil, groundwater and surface water monitoring.
5. Proposed record keeping and reporting procedures to be used for monitoring waste
volumes applied, application rates, Disposal locations, and cumulative waste loading
applied to each Site.
G. Proposed Site Closure, maintenance, and long-term care procedures and final land use plans
for each Land Application or Bioremediation Site.
11.04 Operation Requirements: Upon approval being granted, the Land Application or
Bioremediation Site/Facility shall be operated as follows:
A. The Site shall not be open to the public.
B. The Operator shall contract directly with the approved source of the Solid Waste. Only one
source shall be used for the term of the approval, except that approved yard waste land
application Sites may be permitted to use more than one source.
C. The Site shall have sufficient security to control Site usage and access.
D. The waste shall be a least five (5) feet above the seasonal high water table after
incorporation and ten (10) feet in uniform sandy soils.
E. Site slopes shall not exceed four (4) percent.
F. Sites shall not be closer than three hundred (300) feet to surface water.
G. Land Application and/or Bioremediation shall occur between April 15 and November 1
annually.
H. Petroleum contaminated soils shall not be applied in a thickness exceeding four (4) inches,
unless specifically approved by the Department.
I. Spread soil must be incorporated with the upper four (4) to six (6) inches of native soil
within 48 hours after application.
J. The Land Application and/or Bioremediation shall not be permitted to alter or obstruct
surface drainage so as to adversely affect other properties.
K. There shall be no drainage into the Land Application and/or Bioremediation area,
impounding of water in the Land Application and/or Bioremediation area, or drainage or
other discharge of waste material to other properties, surface waters, wetlands, or public
right-of-ways.
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L. Unauthorized materials left at the Site shall be immediately removed and properly Disposed
of by the Operator.
M. Adequate equipment shall be provided for delivery, storage, mixing, spreading,
incorporation, fertilization, cultivation and other operations.
N. No waste shall be before 6:00 A.M. or after 8:00 P.M. and no equipment operation after
10:00 P.M. If municipal Ordinances set different times, the most restrictive shall take
precedence.
O. The Operator shall maintain the Site so that it is free of litter and other nuisances.
P. Only approved waste types shall be Disposed at the Site. Plans to accept additional Solid
Waste types require separate written approval from the Department.
Q. The Solid Waste Land Application and/or Bioremediation plan may be amended at any
time, subject to written approval of the Department. Any proposed amendment shall contain
the same type of information required in the original Land Application and/or
Bioremediation plan. The amended plan may not be put into effect until it has been
approved by the Department.
R. Depending on the type of operation to be conducted, Solid Waste materials shall be plowed,
disked, or otherwise incorporated into the surface soil layer at appropriate intervals as
specified in the Solid Waste Land Application and/or Bioremediation plan to minimize
surface water Run-off and surface leaching and to control objectionable odors.
S. No Solid Waste shall be in areas containing ponded or standing water.
T. Maximum one time and/or cumulative Site specific application rates for parameters
designated by the Department shall be strictly observed for Disposal on land used for
growing food chain crops.
U. For Solid Waste materials determined by the Department to contain significant numbers of
pathogens, pre-processing shall be required prior to Land Application and/or
Bioremediation.
V. Food chain crops grown on Solid Waste Land Application and/or Bioremediation Sites
which have received Solid Waste applications containing pesticides or persistent organic
materials shall not be Marketed or used for human or animal consumption unless the crops
comply with all applicable contaminant levels as established by law.
11.05 Closure: The Operator shall close the Site according to the following:
A. The Operator shall notify the Department, in writing, prior to the termination of the
operation on a schedule determined by the Department. This notice shall include the
following information:
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1. The proposed final date by which all Solid Waste Disposal or Land Application and/or
Bioremediation operations will be terminated;
2. The current Solid Waste types, sources, and volumes of Solid Wastes being at the Site;
3. The cumulative volumes of Solid Waste, which were applied to the Site during active
operations;
4. The proposed future land uses of those areas previously used for waste deposit, if
different from originally approved end use;
5. The proposed Site Closure, Site monitoring, and long-term care procedures to
implemented following Site Closure, if different from the originally approved Closure
Plan.
11.06 Reporting Requirements:
A. An annual report shall be submitted to the Department in compliance with Minn. Rules
7035.2585.
B. The Operator shall submit monthly inspection and operation reports on forms provided by
the Department, if deemed necessary by the Department.
C. Record Retention Times. Operating records must be kept on-Site for a minimum of three
(3) years unless required under state or federal rules or laws to be held for a longer period
of time.
SECTION 12.00 TRANSFER STATIONS.
This section applies to all Solid Waste Transfer Stations designed, constructed, established, maintained
and operated in accordance with the following provisions, regardless of size or category.
12.01 State Rule Adopted: The design, construction, and operation of Solid Waste Transfer Stations
shall be in accordance with MPCA Solid Waste Management Rules Part 7035.2870 which is
hereby adopted by reference as part of this Ordinance.
12.02 Transfer Station License Category. All Solid Waste Transfer Stations shall be categorized as to
the type and amount of Solid Waste transferred at the Transfer Station. The License categories
shall be established as part of the County Board action that establishes License fees as set forth
in Section 4.05 of this Ordinance.
12.03 Transfer Station Throughput. The throughput of a Transfer Station is the amount of Solid
Waste the Transfer Station can effectively transfer in an operating day without creating a public
nuisance or conditions that may affect the public's health, safety and welfare. This throughput
shall be determined by an independent third party consultant at the expense of the applicant.
The throughput for Solid Waste Transfer Station shall be stated as follows: mixed waste
Transfer Stations in tons per day (TPD), Construction/Demolition Transfer Stations in cubic
34
yards per year (CYPY), and Industrial Waste Transfer Stations in cubic yards per year (CYPY).
12.04 Annual Transfer Station Capacity. The total amount of Solid Waste transferred at a Transfer
Station during any License year shall not exceed the Transfer Station's annual capacity as set
forth in the Transfer Station’s MPCA permit/permit-by-rule, unless so authorized by the
MPCA, the municipality in which the Transfer Station is located, and the Department. The
Department may set a lower annual capacity limit than that set by the MPCA if the throughput
analysis required in 12.03 of this Section shows that the Transfer Station cannot effectively
handle the established MPCA permit capacity. Failure to comply with annual Transfer Station
capacity limits shall be a violation of the Ordinance.
12.05 Additional Requirements for a Solid Waste Transfer Station License. The following
information and materials prepared by a professional engineer registered in the State of
Minnesota shall be submitted to the Department as additional requirements to the requirements
set forth in Section 4.00 of the Ordinance.
A. Site Plan. The Site Plan shall have a scale of one (1) inch equal to not more than fifty (50)
feet and have a vertical contour interval not greater than five (5) feet. The Site plan shall
include all land within 1,000 feet of property of the proposed Transfer Station. The
following shall be included as a minimum:
1. Name and address of the Transfer Station and property Owner, and the Transfer Station
Operator.
2. City and/or township boundaries.
3. North arrow, section line, section number.
4. Water of the State, floodplains and floodways.
5. Land use and zoning of the Transfer Station and neighboring properties within a 1,000foot radius of the Transfer Station’s property lines.
6. Adjacent residences and property Ownership.
7. Roads and railroads.
8. Easements and utilities.
9. Location, size and Ownership of the land upon which the Transfer Station will operate.
B. Non-conforming Zoning and/or Land Use. If the operation of a Transfer Station is not an
approved use per the zoning code for this Site, a copy of the conditional use approval from
the municipality must be included.
C. Engineering Plans. The engineering plans shall include as a minimum:
1. Roads, screening, fencing, gates, dimensions of building(s), dimensions of storage
areas, loading and unloading zones, location of existing and proposed utilities.
2. Dikes, berms, walls, dividers.
35
3. Landscape and grading plans.
4. The Department may request a report on the subsurface condition at the proposed
Transfer Station. The Department may request data that is adequate to indicate suitable
soils, geological and ground water information at the Site. The above data will be
detailed on cross sections, the location of which will be indicated on the Site plan.
D. An Operational/Procedural Plan, a Contingency Action Plan and a Closure Plan. If the
Transfer Station will be accepting and managing wastes classified as industrial waste, an
Industrial Waste Plan must also be included. Once the Transfer Station is in operation, these
documents must be updated, maintained, and kept accessible on-site or readily available for
review during an inspection anytime that the Transfer Station is in operation. The plans
shall include as a minimum:
1. Complete Site plans and specifications, proposed operating procedures for the Transfer
Station, place of Final Disposal and equipment to be used.
2. A Contingency Action Plan identifying procedures and actions to be taken in the event
of fire, spill, chemical release, physical injury or other emergency situations at the
Transfer Station.
3. A description of the Solid Waste proposed to be collected, stored, and transferred at the
Transfer Station.
4. A description of the overall operation and a functional description of all equipment to
be used, including design and anticipated performance. The operations must describe
the flow of Solid Waste, including Recyclable Materials, through the Transfer Station.
5. The procedures for Transfer Station start-up, and scheduled and unscheduled shut down
operations.
6. A description of potential safety hazards and methods of control including, but not
limited to: fire and smoke detection; air monitoring; fire control devices; odor,
ventilation, and exhaust control systems.
7. A description of worker protection, training and safety equipment to be employed onsite.
8. A description and schedule of cleaning procedures to be employed at the Transfer
Station.
9. A description of the methods of weighing or measuring the Solid Waste accepted and
transferred at the Transfer Station.
E. Rates and charges for the use of the Transfer Station by the public, if the Transfer Station is
authorized for use by the public.
F. A statement of the basis of the rates and charges for use of the Transfer Station, if the
Transfer Station is authorized for use by the public.
G. A copy of the MPCA permit application or permit-by-rule notification.
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12.06 General Design and Construction Requirements: The following general design and
construction requirements shall be in accordance with Section 6.02 General Design and
Construction Requirements of this Ordinance and the MPCA Rules Part 7035.2870:
A. Entrance Sign. At each entrance to the Transfer Station the Licensee shall erect and
maintain a sign stating the name of the Transfer Station, the address of the Transfer Station,
the MPCA permit number or, if applicable, permit-by-rule number, the schedule of days
and hours the Transfer Station is open, the penalty for nonconforming dumping and, if the
Transfer Station is open to the public, the prices for use of the Transfer Station. Plans and
specifications for the sign wordage and its proposed placement shall be submitted to the
Department for its approval prior to the sign's installation. Any changes to the sign after
initial installation are also subject to approval by the Department.
B. Non-commercial Disposal Transfer Stations. For Transfer Stations open to the public,
suitable Disposal Transfer Stations shall be provided for individuals who wish to transport
and Dispose of their own Solid Waste.
C. Minimal Interference with Other Activities. The Transfer Station shall be so situated,
equipped, operated, and maintained as to minimize interference with other activities in the
area.
12.07 General Operating Procedures: Any Person who has been granted a License by the Department
to operate a Transfer Station shall comply with the requirements as set forth in Section 6.00
SOLID WASTE FACILITY AND SITE OPERATIONS 6.04 General Operating Procedures,
the following operational requirements, in addition to the requirements in the MPCA Rules Part
7035.2870:
A. Waste Removal and Clean up. When stated in and as a part of the License, the Licensee
shall clean and maintain the Transfer Station and either remove from the Site or properly
store in containers all Mixed Municipal Solid Waste at the end of each operating day.
B. Orderly Maintenance. The premises, entrances and exits shall be maintained in a clean,
neat and orderly manner at all times.
C. Traffic Control. All incoming and outgoing traffic shall be controlled by the Licensee in
such a manner as to provide orderly and safe ingress and egress. A queuing area shall be
provided on the Transfer Station itself or on the street as allowed by local traffic laws. If the
queuing area is to be off site, written approval shall be obtained from the local authorities
for the on-street queuing. This approval shall contain the approved area and any restrictions
on the number or type of vehicles and time of the day that the queuing is authorized.
D. Delivery of Solid Waste. No Solid Waste may be delivered to or transported from a
Transfer Station unless the Owner or Operator has reasonable belief that the Hauler
transporting the Solid Waste or the Facility receiving the Solid Waste may lawfully do so
under applicable federal, state, or local rules. Reasonable belief means that the Owner or
Operator has verified that the Hauler transporting the Solid Waste or Facility receiving the
37
Solid Waste holds a valid License, permit, or other approval, or that no such approval is
required. The only exception would be for a private citizen disposing of their own waste.
E. Unloading. All unloading of Solid Waste from contributing vehicles shall be conducted in
such a manner as to eliminate odor and litter outside the Transfer Station.
F. Nuisance Control. All operations shall be conducted so as to minimize nuisances to
surrounding properties, including but not limited to: minimizing the generation of litter;
picking up litter on a daily basis; minimizing dust generation, and providing all necessary
utilities and equipment to promptly and effectively control dust emissions, both on-site and
beyond the property boundaries, created as a result of Licensed activities; minimizing noise
transmission beyond property boundaries; minimizing odor; and controlling rodents and
vermin. All open box or roll-off loads shall be tarped.
G. Major Appliance Management. All major appliances, as defined in Minnesota Statutes,
Section 115A.03, Subd. 17a, shall be properly managed. For the purposes of this section,
properly managed shall be defined as:
1. All major appliances shall be separated from incoming loads.
2. If major appliances will be stored on-site, they shall be stored in a manner that protects
them from any intentional and/or accidental damage that may cause a release of a
hazardous material (e.g. chlorofluorocarbon, PCBs, mercury). If storage is to occur
outside, the storage shall also comply with any and all municipal requirements for
external storage.
3. All major appliances shall be recycled or reused. For the purposes of this section,
Recycling includes:
a)
b)
c)
d)
e)
f)
the removal of capacitors that may contain PCBs;
the removal of ballasts that may contain PCBs;
the controlled evacuation and capture of chlorofluorocarbon refrigerant gas;
the removal of fluorescent lamps;
the removal of mercury switches and/or other components containing mercury; and
the Recycling or reuse of all metals, including mercury.
4. Recycling of major appliances may occur either at the Transfer Station or at an
approved major appliance Recycling Facility. Major appliances shall only be processed
at Transfer Stations that have obtained all the required Licenses/permits for such an
operation (i.e. County Hazardous Waste Generator License, MPCA Recycling Facility
permit). Individuals removing, recovering, and/or recycling chlorofluorocarbon
refrigerant gas must be certified by the State of Minnesota to do this type of operation.
5. All Processing of major appliances shall comply with the standards set forth in Section
3.05 Standards for Appliance Processors in the Ramsey County Hazardous Waste
Management Ordinance.
6. The Transfer Station shall maintain records of major appliance management activities,
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to include the number and type of each major appliance arriving at the Transfer Station,
the Processing method, the disposition of all materials generated by Processing
activities, and refrigerant certification documentation. If Processing occurs at an
approved major appliance Recycling Facility, the records need indicate only the arrival
and disposition information.
H. Hazardous Waste Management. All Hazardous Waste generated at the Site shall be
properly managed per the Ramsey County Hazardous Waste Management Ordinance. The
Transfer Station shall also maintain a Ramsey County License as a Hazardous Waste
Generator.
1. All incoming loads of Solid Waste shall be inspected for Hazardous Waste/hazardous
materials. Said inspection shall consist of a general observation of the waste during
unloading, handling of the material, and loading of the outgoing containers and/or
vehicles.
a. Hazardous Waste that is removed from incoming loads of Solid Waste shall be
deemed generated by the Transfer Station.
b. Observed Hazardous Waste from either commercial or residential loads separated
out from the waste shall be managed in accordance with the Hazardous Waste rules
and Ordinance.
I. Reports. As a condition of maintaining its License, the Owner or Operator of the Solid
Waste Transfer Station shall prepare and submit the following reports on a schedule and in
a manner established by the Department:
1. Monthly Reports. This report shall include, but not be limited to, the amount of each
type of Solid Waste delivered to the Transfer Station by County of origin, final
deposition of each type of waste by County of origin, and material Recycling
information.
2. Other Reports. The Department may require the Licensee to submit other reports and
information as necessary to determine that the Transfer Station or Site has managed all
Solid Waste and operated in accordance with all applicable laws, statutes, rules,
regulations and Ordinances.
3. Record Retention Times. Operating records must be kept on-site for a minimum of three
(3) years unless required under state or federal rules or laws to be held for a longer
period of time.
J. Transfer Station Supervisor. A Transfer Station supervisor or designated Operator must be
on-site at all times that the Transfer Station is open for business and conducting operational
activities.
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SECTION 13.00 SOLID WASTE PROCESSING FACILITIES.
This section applies to all Solid Waste Processing Facilities designed, constructed, established,
maintained and operated in accordance with the following provisions.
13.01 State Rules Adopted: The design, construction, and operation of Solid Waste Processing
facilities shall be in accordance with MPCA Solid Waste Management Rules Parts 7035.2525 7035.2655, 7035.2845, and 7035.2875 which are hereby adopted by reference as part of this
Ordinance.
If the Solid Waste Processing Facility processes Solid Wastes by Composting, it shall also be
subject to the provisions of MPCA Solid Waste Management Rules Part 7035.2836 which is
hereby incorporated by reference as part of this Ordinance.
If the Solid Waste Processing Facility processes Infectious or Medical Wastes, it shall also be
subject to the provisions of MPCA Solid Waste Management Rules Parts 7035.9100 –
7035.9150 which are hereby incorporated by reference as part of this Ordinance.
13.02 Additional Licensing Requirements. For a Solid Waste Processing Facility License, the
following information and materials prepared by a professional engineer registered in the State
of Minnesota shall be submitted to the Department as additional requirements to the
requirements set forth in Section 4.00 of this Ordinance.
A. Site Plan. The Site Plan shall have a scale of one (1) inch equal to not more than fifty (50)
feet and have a vertical contour interval not greater than five (5) feet. The Site plan shall
include all land within 1,000 feet of the proposed Facility. The following shall be included
as a minimum:
1. Name and address of the Facility and property Owner, and the Facility Operator.
2. City and/or township boundaries.
3. North arrow, section line, section number.
4. Water of the State, floodplains and floodways.
5. Land use and zoning of the Facility and neighboring properties within a 1,000-foot
radius of the Facility’s property lines.
6. Adjacent residences and property Ownership.
7. Roads and railroads.
8. Easements and utilities.
9. Location, size and Ownership of the land upon which the Facility will operate.
B. Non-conforming Zoning and/or Land Use If the operation of a Solid Waste Processing
Facility is not an approved use per the zoning code for this Facility, a copy of the
conditional use approval from the municipality must be included.
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C. Engineering Plans. The engineering plans shall include as a minimum:
1. Roads, screening, fencing, gates, dimensions of building(s), dimensions of storage
areas, loading and unloading zones, location of existing and proposed utilities.
2. Dikes, berms, walls, dividers.
3. Landscape and grading plans.
4. The Department may request a report on the subsurface condition at the proposed
Facility. The Department may request data that is adequate to indicate suitable soils,
geological and ground water information at the Facility. The above data will be
detailed on cross sections, the location of which will be indicated on the Site Plan.
D. An Operational/Procedural Plan, a Contingency Action Plan and a Closure Plan. If the
Facility will be accepting and managing wastes classified as industrial waste, an Industrial
Waste Plan must also be included. The plans shall include as a minimum:
1. Complete Site plans and specifications, proposed operating procedures for the Solid
Waste Processing Facility, place of Final Disposal and equipment to be used.
a. A Contingency Action Plan identifying procedures and actions to be taken in the
event of fire, spill, chemical release, physical injury or other emergency
situations at the Facility.
3. A description of the Solid Waste proposed to be collected, stored, and processed at the
Facility.
4. A description of the overall operation and a functional description of all equipment to
be used, including design and anticipated performance. The operations must describe
the flow of Solid Waste, including Recyclable Materials, through the Facility.
5. The procedures for Facility start-up, and scheduled and unscheduled shut down
operations.
6. A description of potential safety hazards and methods of control including, but not
limited to: fire and smoke detection; air monitoring; fire control devices; odor,
ventilation, and exhaust control systems.
7. A description of worker protection, training and safety equipment to be employed onSite.
8. A description and schedule of cleaning procedures to be employed at the Facility.
9. A description of the methods of weighing or measuring the Solid Waste accepted and
transferred at the Facility.
E. A copy of the MPCA permit application or permit-by-rule notification.
13.03 General Design and Construction Requirements: The following general design and
construction requirements shall be in accordance with Section 6.00 WASTE FACILITY AND
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SITE OPERATIONS 6.02 General Design and Construction Requirements of this Ordinance
and the MPCA Rules Parts 7035.2525 - 7035.2655, 7035.2845, and 7035.2875:
A. The Solid Waste Processing Facility shall be so situated, equipped, operated, and
maintained as to minimize interference with other activities in the area.
B. Storage facilities for by-products, to include residuals and recyclables, shall be provided to
prevent vector intrusion and aesthetic degradation.
C. The Site shall be sized, or a separate area provided, for a location for transportation vehicles
to park while waiting to unload or load material without having to wait on a public
thoroughfare.
D. A Solid Waste delivery area shall be designated and all Solid Waste delivered to the Solid
Waste Facility shall be confined to that area until incorporated into the Processing system.
E. If the Processing Facility is a Solid Waste Composting Facility, a Leachate collection and
treatment system shall be provided for the Compost Facility and shall be designed and
constructed so to be able to handle any Run-off or Run-on water that has made contact with
the composted waste, materials stored for Composting or residual waste.
13.04 General Operating Procedures: Any Person who has been granted a License by the Department
to operate a Solid Waste Processing Facility shall comply with the requirements as set forth in
SECTION 6.00 SOLID WASTE FACILITY AND SITE OPERATIONS 6.04 General
Operating Procedures, the following operational requirements, in addition to the requirements
in the MPCA Rules Parts 7035.2525 - 7035.2655, 7035.2845, and 7035.2875.
A. Waste Removal and Clean up. When stated in and as a part of the License, the Licensee
shall clean and maintain the Solid Waste Processing Facility and either remove or properly
store all Solid Waste at the end of each day.
B. Orderly Maintenance. The premises, entrances and exits shall be maintained in a clean,
neat and orderly manner at all times.
C. Traffic Control. All incoming and outgoing traffic shall be controlled by the Licensee in
such a manner as to provide orderly and safe ingress and egress. A queuing area shall be
provided on the Facility itself or on the street as allowed by local traffic laws. If the queuing
area is to be off site, written approval shall be obtained from the local authorities for the onstreet queuing. This approval shall contain the approved area and any restrictions on the
number or type of vehicles and time of the day that the queuing is authorized.
D. Delivery of Solid Waste. No Solid Waste may be delivered to or transported from a Solid
Waste Processing Facility unless the Owner or Operator has reasonable belief that the
hauler transporting the Solid Waste or the Facility receiving the Solid Waste may lawfully
do so under applicable federal, state, or local rules. Reasonable belief means that the
Owner or Operator has verified that the Hauler transporting the Solid Waste or Facility
receiving the Solid Waste holds a valid License, permit, or other approval, or that no such
approval is required.
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E. Unloading. All unloading of Solid Waste from contributing vehicles shall be conducted in
such a manner as to eliminate odor and litter outside the Solid Waste Processing Facility.
F. Nuisance Control. All operations shall be conducted so as to minimize nuisances to
surrounding properties, including but not limited to: minimizing of odor; minimizing the
Generation of litter; picking up litter on a daily basis; minimizing dust Generation, and
providing all necessary utilities and equipment to promptly and effectively control dust
emissions, both on-Site and beyond the property boundaries, created as a result of Licensed
activities; minimizing noise transmission beyond property boundaries; and controlling
rodents and vermin. All open box or roll-off loads shall be tarped.
G. Hazardous Waste Management. All Hazardous Waste generated at the Site shall be properly
managed per the Ramsey County Hazardous Waste Management Ordinance. The Solid
Waste Processing Facility shall also maintain a Ramsey County License as a Hazardous
Waste Generator.
1. All incoming loads of Solid Waste shall be inspected for Hazardous Waste/hazardous
materials. Said inspection shall consist of a general observation of the waste during
unloading, handling of the material, and loading of the outgoing containers and/or
vehicles.
2. Hazardous Waste that is removed from incoming loads of Solid Waste shall be deemed
generated by the Processing Facility.
3. Observed Hazardous Waste from either commercial or residential loads separated out
from the waste shall be managed in accordance with the Hazardous Waste rules and
Ordinance.
H. Management of Waste with Radioactivity.
1. If the Solid Waste Processing Facility is Processing Infectious or Medical Waste, all
incoming containers of said waste shall be screened for radioactivity prior to being
processed.
2. The scanning monitor/devise shall be capable of detecting radiation at the microrem
(uR) level and shall be calibrated annually against a Cobalt 57 source. Records of
calibration shall be accessible on Site.
3. Containers recording a radiation level of:
a. less than or equal to 50 uR/hour shall be processed as normal;
b. greater than 50 uR/hour and less than 500 uR/hour shall be returned to the Generator
within 24 hours of delivery. The Generator shall be notified of the radioactive waste
violation; and
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c. greater than 500 uR/hour shall be returned to the Generator. The Generator shall be
immediately notified of the radioactive waste violation. Transportation of the
radioactive waste shall be arranged for with a Licensed low-level radioactive waste
transporter.
4. All containers exceeding 50 uR/hour shall be labeled with the word “Radioactive” shall
be stored in a locked secure area while awaiting return to the Generator.
5. During the time the containers are being held on-site, the containers shall be monitored
for radiation level, if the level should drop to a level of 50 uR/hour or less prior to
leaving the Facility, the waste may be processed
6. A log of all containers exceeding 50 uR/hour shall be maintained and be readily
accessible on site. The following information shall be provided on the log:
a. Identification number of container;
b. Name and address of Generator;
c. Date and time of reading;
d. Radiation level; and
e. Disposition of container:
1. if held on Site: subsequent scanning readings, date and time of Processing and
2. if returned to Generator: subsequent radiation readings, date and time container
left Site.
I. Reports. The Owner or Operator of the Solid Waste Processing Facility shall prepare and
either submit the following reports to the Department or have them available and readily
accessible for review on Site by the Department as determined by the Department.
1. Operational Reports. Reports of the Facility's operations may include, but not be limited
to:
a. the source, quantity and characteristics of the Solid Waste being processed;
b. the source, quantity and characteristics of any other material added to the Solid Waste,
such as bulking, catalyst, or nutrient agents;
c. a description of the process to reduce pathogens, if required, and the corresponding
test results;
d. records of daily temperature readings, pressure readings, chemical additions, retention
times, or other information as may be required by the Department;
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e. records of the quantity and classification of the processed Solid Waste;
f. records of the quantity and type of by-products removed from the Solid Waste; and
g. a description of the end-product distribution and Disposal system.
2. Other Reports. The Department may require other reports from the Licensee as necessary
to determine that Solid Waste managed at the Facility was done so in accordance with all
applicable laws, statutes, rules, regulations and Ordinances.
3. Record Retention Times. Operating records must be kept on-site for a minimum of three
(3) years unless required under state or federal rules or laws to be held for a longer period
of time.
J. Facility or Site Supervisor. A Facility or Site supervisor or designated Operator must be onsite at all times that the Facility or Site is open for business and conducting operational
activities.
SECTION 14.00 WASTE TIRE COLLECTION SITES AND PROCESSING FACILITIES.
This section applies to all Waste Tire Collection Sites and Processing Facilities designed, constructed,
maintained, and operated in accordance with the following provisions.
14.01 State Rule Adopted: The design, construction, and operation of Solid Waste Processing
facilities shall be in accordance with MPCA Solid Waste Management Rules Parts 7035.2525 7035.2655 which are hereby adopted by reference as part of this Ordinance.
14.02 License Required Exceptions: A License shall not be required for the following Waste Tire
Collection Sites and Processing Facilities:
A. A retail tire seller for the retail-selling site if no more than 500 Waste Tires are kept on the
business premises.
B. An Owner or Operator of a tire retreading business for the business Site if no more than
3,000 Waste Tires are kept on the business premises.
C. An Owner or Operator of a business who, in the ordinary course of business, removes tires
from motor vehicles if no more than 500 Waste Tires are kept on the premises.
D. A Licensed and permitted Land Disposal Facility Operator with less than 10,000 Waste
Tires stored above ground on-site.
E. A Person using Waste Tires for agricultural purposes if the Waste Tires are kept on the site
of use.
14.03 Additional Requirements for a Waste Tire Collection Site and/or Processing Facility License.
The following information and materials prepared by a professional engineer registered in the
State of Minnesota shall be submitted to the Department as additional requirements to the
requirements set forth in Section 4.00 of this Ordinance.
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A. A plat map showing the location, size and Ownership of the land upon which the Solid
Waste Processing Facility will operate.
B. The general zoning description of property use within 1/4 mile of the Waste Tire Collection
Site and/or Processing Facility and the zoning classification of the property to be used. If
the operation of a Waste Tire Collection Site and/or Processing Facility is not an approved
use per the zoning code for this Site, a copy of the conditional use approval from the
municipality must be included.
C. Complete plans and specifications, to include the Site plan, building plans and
specifications and proposed operating procedures for the Waste Tire Collection Site and/or
Processing Facility.
D. An Operations/Procedural Manual, a Contingency Action Plan and a Closure Plan for the
Waste Tire Collection Site and/or Processing Facility. If the Facility will be accepting and
managing wastes classified as industrial waste, an Industrial Waste Management Plan must
also be included.
E. A copy of the MPCA permit application or permit-by-rule notification.
14.04 General Design and Construction Requirements: The following general design and
construction requirements shall be in accordance with Section 6.00 WASTE FACILITY AND
SITE OPERATIONS 6.02 General Design and Construction Requirements of this Ordinance
and the MPCA Rules Parts 7035.2525 - 7035.2655:
A. The Licensee shall maintain a minimum separating distance of fifty (50) feet between the
Waste Tire Collection Site or Processing Facility operations and the adjacent property line.
B. The Licensee shall divert surface water drainage around and away from the collection area.
C. The Licensee shall provide adequate visual screening to reduce visibility of above-grade
operations from housing or public right-of-ways by use of natural objects, trees, plants,
seeded soil berms, fences, or other means deemed suitable by the Department.
D. The Waste Tire Collection Site and/or Processing Facility shall be so situated, equipped,
operated, and maintained as to minimize interference with other activities in the area.
14.05 General Operating Procedures: Any Person who has been granted a License by the Department
to operate a Waste Tire Collection Site and/or Processing Facility shall comply with the
following operation regulations, in addition to the requirements in the MPCA Rules Parts
7035.2525 - 7035.2655:
A. The Licensee shall accept only Waste Tires at the collection Site.
B. The Licensee shall prohibit piling of Waste Tires within the following regions:
1. Shoreland
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2. Regional flood plain for a 100-year flood.
3. Wetlands
C. The Licensee shall:
1. Confine Waste Tires to as small an area as practical with individual piles not more than
2500 square feet in area and 20 feet in height;
2. Provide a minimum twelve (12) foot separation between the piles of Waste Tires to
allow access for trucks and emergency vehicles;
3. Provide trenching or other adequate measures to minimize the potential for fire
spreading; and
4. Construct piles of Waste Tires to minimize the accumulation of stagnant water.
14.06 Waste Tire Reduction: Waste Tire Collection Sites, Processing facilities, and tire dumps in
existence prior to the effective date of this provision shall reduce the accumulation of Waste
Tires by Processing and/or Marketing to amounts, and within time limits established by the
Department, and shall be approved by the local zoning authority.
14.07 Cessation of Operation: Upon cessation of Waste Tire Processing Facility operations, the
Licensee, Owner, and Operator shall be responsible for removing all Waste Tires and tire
products from the Site and ensure their proper management pursuant to this Ordinance and
Minnesota Statute 115A.90 - 115A.914.
14.08 Reports. The Owner or Operator of the Waste Tire Collection Site and/or Processing Facility
shall prepare and either submit the following reports to the Department or have them available
and readily accessible for review on Site by the Department as determined by the Department.
A. Operational Reports. Reports of the Waste Tire Collection Site and/or Processing Facility's
operations may include, but not be limited to: number of Waste Tires arriving, number of
Waste Tires processed, number of Waste Tires stored on-site.
B. Other Reports. The Department may require the Licensee to submit other reports and
information as necessary to determine that the Waste Tire Collection Site and/or Processing
Facility has managed all Solid Waste and operated in accordance with all applicable laws,
statutes, rules, regulations and Ordinances.
C. Record Retention Times. Operating records must be kept on-site for a minimum of three (3)
years unless required under state or federal rules or laws to be held for a longer period of
time.
14.09 Facility or Site Supervisor. A Facility or Site supervisor or designated Operator must be on-site
at all times that the Facility or Site is open for business and conducting operational activities.
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SECTION 15.00 DEMOLITION OR DE-CONSTRUCTION SITES.
This section applies to Persons engaged in the renovation, Demolition, or De-construction (i.e.,
disassembly) of structures, or portions of structures, including Demolition by burning for the
purpose of Disposal, where authorized by law, or for fire training. The purpose of this section is
to: 1) ensure that all hazardous materials, items, or wastes are removed from residential and
commercial/nonresidential structures, or portions of said structures, prior to or during Demolition
or De-construction activities; and 2) that said hazardous materials, items, or wastes generated as a
result of the Demolition or De-construction activities are properly characterized, and Disposed
of, reused, or recycled; and 3) that efforts are taken to maximize the amount of Solid Waste,
building components, and other salvageable materials generated as a result of the Demolition or
De-construction activities are properly characterized and reused or recycled.
15.01 Definitions. For purposes of this section:
A. “Commencement of renovation, Demolition or De-construction” means to take any action
that results in the physical alteration of the interior or exterior of a structure for the purpose
of renovating or removing the structure, and includes alteration or removal of walls,
ceilings, floors, or roofs or associated structural components such as porches and garages.
Physical alterations necessary to comply with this part, for example, removal of a wall as
needed to remove a hydraulic oil tank, do not constitute commencement of renovation or
Demolition, provided that the physical alteration does not result in the disturbance of items
listed in Section 15.04 other than the targeted item. Actions that do not result in physical
alteration of the structure, such as grubbing or removal of sidewalks, parking surfaces, or
uncontaminated soil, do not constitute commencement of renovation or Demolition.
B. "Friable asbestos material" means any material containing more than one percent
asbestos by microscopic visual estimation by area, that hand pressure can crumble,
pulverize, or reduce to powder when dry. Friable asbestos material includes
previously nonfriable asbestos material which becomes damaged to the extent that
when dry all or a portion of the material may be crumbled, pulverized, or reduced to
powder by hand pressure.
C. “Structures” includes buildings used or formerly used for residential, recreational,
governmental, agricultural, commercial, or industrial purposes and other buildings of
a relatively permanent nature such that they may contain fixtures and devices
associated with electrical, plumbing, heating, cooling, safety, or lighting systems.
15.02 Removal requirements.
A. Notifications to the Department:
1. Municipalities shall provide a copy of issued Demolition permits to the Department by
fax or electronically within one (1) day of issuance.
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2. A Person conducting a Demolition or De-construction shall provide either an original, if
not submitting the original to the MPCA, or a copy of the completed Notification of
Intent to Perform a Demolition and documentation of any and all assessments
completed at the Site seven (7) workdays prior to the start of any Demolition or Deconstruction activity.
B. The Owner of the structure(s), Person authorizing the renovation, Demolition or Deconstruction of the structure(s), and Person conducting the renovation, Demolition, or Deconstruction of the structure(s) shall ensure that the items and materials listed in Section
15.04 are removed prior to the commencement of renovation, Demolition or Deconstruction activities. If the structure has CFC-containing devices that cannot be removed
without potentially releasing CFCs, a Certified CFC Technician shall properly evacuate and
document said evacuation of the CFCs prior to the commencement of the Demolition or
De-construction. Major appliances shall be removed from the structure in a manner that
prevents damage to the appliance that either releases CFCs or hinders the ability of
appliance processors to access and properly recover items indentified in 15.04 of this
Section, such as PCB-containing ballasts and capacitors, mercury switches, and fluorescent
lamps.
C. Inspections.
Department staff shall be allowed access to inspect the proposed
Demolition/Deconstruction Site prior to the actual Demolition/De-construction activities to
determine if any items identified in Section 15.04 are present. If items identified in Section
15.04 are present, they shall be removed prior to or during Demolition or De-construction
without creating a danger to the health, safety, or welfare of the public or environment.
D. Records.
1.
Demolition contractors shall retain Recycling, reuse, and/or Disposal records for
minimum three (3) years following Demolition/De-construction of a structure.
2. Demolition contractors shall provide copies of Recycling, reuse, and/or Disposal
receipts and any other records associated with the Demolition project to the
Department.
15.03 National Emissions Standard for Hazardous Air Pollutants (NESHAP) facilities.
A. For Persons conducting Demolition or De-construction of a NESHAP Facility, as defined
under 40 CFR §61.141, and regulated under Minnesota Rules Parts 7011.990 and 9920, the
items and materials shall be removed two (2) working days prior to the start date identified
on the most recently submitted ten working day notification form submitted as required
under 40 CFR §61.145 (b).
B. For all structures where friable asbestos material abatement has occurred in preparation for
remodeling, Demolition, or De-construction, clearance air sampling shall be conducted and
documented in accordance with Minnesota Department of Health Rule 4620.3594
Clearance Air Sampling.
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C. For purposes of Section 15.03, “working days” means Monday through Friday and includes
Holidays that fall on any of the days Monday through Friday.
15.04 Item and Material Removal. All items and materials to be removed before renovation,
Demolition, or De-construction. All items and materials removed must be properly
characterized, tested, managed, and Disposed of and reused or recycled in accordance with
applicable standards. Waste from a Demolition project may not be land applied or used as
Cleanfill without written authorization from the Department and written approval from the
local jurisdiction of the Site to be used. Persons authorizing or conducting renovation,
Demolition or De-construction or arranging for removal of items are encouraged to contact the
Department regarding opportunities to reuse or recycle the items and materials listed in this
subsection, as well as other materials comprising the structure, and to obtain checklists or other
guidance documents that have been developed to assist with compliance with this section. The
following items and materials must be removed prior to the commencement of renovation,
Demolition, or De-construction:
A. Items that would normally be Disposed of as Mixed Municipal Solid Waste including, but
not limited to, Garbage, Refuse, furniture, carpeting unattached to the substrate, bedding,
mattresses, clothing, small appliances, food, and food waste or any of these materials from
a fire damaged structure;
B. Household Hazardous Waste (HHW) as defined in Minnesota Statutes, Section 115A.96,
subdivision 1, including, but not limited to, automotive fluids, lawn and garden chemicals,
pest control products, household cleaners, paint, and home improvement products. HHW
may be managed through the County’s HHW vender with prior authorization from the
Department;
C. Materials that constitute Industrial Solid Waste or Hazardous Waste, to include poisons
used in pest control applications within the structure prior to Demolition or Deconstruction;
D. Waste Tires as defined in Section 3.92 of this Ordinance;
E. Appliances that meet the definition of “major appliances” in Minnesota Statutes, Section
115A.03, subdivision 17a;
F. Items that may contain elemental mercury, including, but not limited to, the following:
1. batteries found in smoke detectors, emergency lighting systems, elevator control panels,
exit signs, and security systems and alarms;
2. lighting, including fluorescent lamps and high intensity discharge lamps, such as metal
halide, high pressure sodium, mercury vapor, and neon;
3. switches;
4. thermostats and similar devices, including aquastats, pressurestats, firestats,
manometers, and thermometers;
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5. devices associated with boilers, furnaces, heaters, and tanks, including mercury flame
sensors by pilot lights, manometers, thermometers and gauges, pressure-trol, float, or
level controls, and space heater controls;
6. devices associated with electrical systems, including load meters and supply relays,
phase splitters, microwave relays, and mercury displacement relays; and
7. miscellaneous devices that may contain mercury;
G. Items that may contain polychlorinated biphenyls (PCBs), including, but not limited to,
transformers, transistors, capacitors in old appliances and electronic equipment, heat
transfer equipment, and light ballasts;
H. Items that may contain chlorofluorocarbons (CFCs) as defined in Minnesota Statutes,
Section 116.70, subdivision 3, including, but not limited to, fire extinguishers; both portable
and installed halon suppression systems; rooftop, room, and central air conditioners; walkin coolers for refrigeration or cold storage areas; water fountains and dehumidifiers;
refrigerators, freezers, and chillers; heat pumps; vending machines; and food display cases;
I. Oils, including, but not limited to, used oil, hydraulic oils in door closers and elevatorrelated tanks and piping, and oils located in heating oil tanks, piping, sumps, and traps;
J. Lead-containing items, including, but not limited to, lead-acid batteries, lead pipes, lead
sheeting, lead flashing in roof vents, and lead paint that is not firmly adhered to the
substrate. For purposes of this item, “lead paint” means a coating that contains one-half of
one percent (0.5 percent) or more or 5,000 parts per million (5,000 ppm) or more of total
lead by weight in the dried film, as determined by acid digestion and analysis, or contains
one milligram per square centimeter (1.0 mg/cm2) or more of lead, as determined by X-ray
fluorescence analyzer;
K. Electronic products containing a cathode ray tube, as described in Minnesota Statutes,
Section 115A.9565, including, but not limited to, televisions and computers;
L. Electronic products containing a circuit board;
M. Asbestos that is required to be removed under Minnesota Statutes, sections 326.70 to
326.81, Minnesota Rules, Parts 4620.3000 to 4620.3724, and Minnesota Rules Part
7011.9920;
N. Material trapped in sumps and traps, unless characterized as nonhazardous and nonliquid;
O. Radioactive waste as defined in Minnesota Statutes, Section 116C.71, subdivision 6; and
P. Other materials or items that are prohibited from Disposal at the Facility intended to receive
the renovation or Demolition Waste for Processing or Disposal.
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Q. Aboveground and Underground Tanks in accordance with Minnesota Rules Parts 7045.0528
s 9, 7150.0410 - 7150.0430, 7151.8200, and 7151.8400 – 7151.8500.
15.05 Exemption.
A. The requirement to remove items or materials listed in Section 15.04 prior to
commencement of renovation or Demolition does not apply under the following
circumstances:
1. the structure is unsafe to enter as determined by a local government authority;
2. the items and materials uncovered during the course of renovation or Demolition could
not have been reasonably identified prior to commencement;
3. the items or materials are within components of the structure, such as elevators, vertical
lifts, or lighting, that need to remain intact during the course of renovation or
Demolition, provided that the items or materials are removed after use of the component
is no longer required; or
4. the items or materials cannot be removed in a timely manner due to the fact that the
Demolition or renovation is being performed in response to an emergency maintenance
situation. For purposes of this subpart, an “emergency maintenance situation” means
Demolition or renovation that is necessary due to a sudden and unexpected event, such
as an equipment failure, that if not immediately attended to presents a safety or health
hazard or is necessary to protect the structure or items within the structure from costly
damage.
B. If the removal of hazardous materials or items is not required as provided under Section
15.05 A, the Owner, Person who will authorize renovation, Demolition, or de-construction
and Person who will conduct the renovation, Demolition, or de-construction must comply
with the requirements of this part to the extent reasonable, by removing the items and
materials listed in Section 15.04 that are accessible before or after renovation or
Demolition.
15.06 Duties under other law. Other federal and state laws establish requirements for the management
of asbestos, CFCs, tank systems, and waste, and other federal, state, and local laws establish
requirements governing noise, air emissions, storm water controls, and worker safety. Nothing
in this Section shall be construed as relieving any Person from the duty to comply with any
applicable federal, state, or local requirement. In particular, nothing in this Section shall be
construed as relieving any Person of requirements under state or federal law governing
inspection and removal of regulated asbestos-containing materials. Nothing in this Section
shall be construed as relieving any Person of duties related to the proper management of solid
or Hazardous Waste or CFCs. Nothing in this Section shall be construed as relieving any
Person of duties related to the prevention of fugitive emissions.
15.07 Debris characterization. If the Owner or Person authorizing renovation, Demolition, or Deconstruction or Person conducting the renovation, Demolition, or De-construction knows or has
reason to know that portions of the structure may be contaminated by hazardous substances or
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petroleum as defined in Minnesota Statutes, Section 115C.02, subdivision 10, based on past
uses of the structure, such as a medical building, laboratory, or manufacturing Facility, the
Owner or Person authorizing renovation, Demolition, or De-construction or Person conducting
the renovation, Demolition, or De-construction shall, prior to the commencement of renovation,
Demolition, or De-construction, obtain appropriate samples and receive results from laboratory
analysis as necessary to ensure the proper management and Disposal of contaminated structural
elements and any resulting debris generated. All Persons are encouraged to contact the
Department for assistance with compliance with this part.
15.08 Cease and Desist Order. If conditions exist that pose an imminent and substantial danger to the
health, safety, and welfare of the public or the environment as a result of the failure to comply
with this Section, the Department may issue an emergency order to direct the immediate
discontinuance of the renovation, Demolition, or De-construction activities and order the
abatement of the conditions until such time that the Department determines that the conditions
have been abated.
SECTION 16.00 VARIANCES AND NONCONFORMING SITES.
16.01 Variances: Requests for variances from the requirements of this Ordinance shall be made in
accordance with Ramsey County Administrative Ordinance. The Department will notify the
County Board upon receiving a request for a variance and of the subsequent action taken by the
Department.
16.02 MPCA Approval. No modification or variance may be granted if it would result in
noncompliance with Minnesota Rule Chapter 7035 unless such modification or variance has
been approved or granted by the MPCA.
16.03 Closure/Post-Closure. For facilities permitted or granted interim status by the MPCA,
amendments to the Facility Closure/post-Closure Plans and extensions to the Closure/postClosure period shall be granted by the Department only where said amendments or extensions
have been approved by the MPCA.
SECTION 17.00 ILLEGAL DUMPING.
17.01 Unauthorized Dumping: It shall be a violation of this Ordinance for any Person to Dispose of
Solid Waste within Ramsey County at any place except at a Solid Waste Facility authorized by
this Ordinance.
17.02 Unlicensed Open Dumps: It shall be a violation of this Ordinance for any Person to operate an
Open Dump; and, the Owner or Operator of any land being used as an Open Dump shall cease
operations and close it in accordance with the following provisions. The Owner or Operator
shall:
A. Close access to the Site and prohibit the public from using the Site. Signs indicating that
dumping is not allowed shall be posted.
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B. Stop burning.
C. Eradicate rodents.
D. Conduct a water monitoring program pursuant to "Procedures for Ground Water
Monitoring: MPCA Guidelines" and take measures to protect ground and surface water.
Plans to protect the ground and surface water shall be approved by the Department prior to
implementation.
E. Divert surface water drainage around and away from the Disposal area.
F. Compact the Refuse and cover it with at least two and one-half (2 1/2 feet) of compacted
Cover Material. Cover Material shall comply with the specifications set forth in this
Ordinance in either Section 8.00 for a Mixed Municipal Solid Waste Land Disposal
Facility, Section 9.00 for a Construction and Demolition Waste Land Disposal Facility, or
Section 10.00 for an Industrial Solid Waste Land Disposal Facility.
G. Seed the Cover Material so that adequate turf is present.
H. Establish and maintain a final grade sufficient to promote water Run-off without excessive
erosion.
I. The Owner of the property on which the Open Dump is located shall place on record an
instrument with the Ramsey County Recorder, in a form prescribed by the Department,
placing the public on notice of the existence and location of the Open Dump and of the
obligations placed upon the parties holding an interest in the property and the restrictions
which may affect the use of the property.
17.03 Open Burning: It shall be a violation of this Ordinance for any Person to permit the open
burning of Solid Waste within Ramsey County, unless authorized by the Department to abate a
public health nuisance.
17.04 Unauthorized Burying of Solid Waste or other Materials: It shall be a violation of this
Ordinance for any Person to permit the burying of Solid Waste or other materials within
Ramsey County, unless authorized by the Department to abate a public health nuisance. In the
event that Department approval has not been applied for and/or issued prior to the operation
occurring, the Department may require the Owner or Operator of the fill operation to provide
documentation of what Solid Waste or other materials were buried as well as what was used as
fill material and/or may require the Owner or Operator to provide inspection excavations on the
site at locations selected by the Department to determine what was buried on the site. The
Owner or Operator will be responsible for all costs associated with post-determination of
buried Solid Waste or other materials and/or fill material.
17.05 Unauthorized Cleanfill and/or Demolition Cleanfill Activities. If concrete, concrete block,
brick, glass, or similar Inert Material, which has not been crushed to a diameter no greater than
six (6) inches, is proposed to be a component of a fill operation or if concrete, concrete block,
brick, glass, or similar Inert Material, which has been crushed to a diameter no greater than six
(6) inches, will comprise more than 50% of the fill material, said material and fill activity must
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be approved in writing by the Department prior to its use. Additionally, all Cleanfill and
Demolition Cleanfill activities must be issued fill permits by the municipality in which the fill
operation is to occur. In the event that the Department approval or the municipal permit has not
been applied for and/or issued prior to the operation occurring, the Department may require the
Owner or Operator of the fill operation to provide documentation of what was used as fill
material and/or may require the Owner or Operator to provide inspection excavations on the
site at locations selected by the Department to determine what was buried on the site. The
Owner or Operator will be responsible for all costs associated with post-determination of fill
material.
SECTION 18.00 SOLID WASTE STORAGE.
18.01 State Rule Adopted: Solid Waste shall be stored in accordance with Solid Waste Rule
7035.0700 which is hereby adopted by reference as part of this Ordinance.
18.02 Time Limit for Storage: Solid Waste shall not be stored on public or private property for more
than two (2) weeks without the written approval of the Department.
18.03 Storing Recyclables: Materials, which have been separated for the purpose of Recycling shall
not be stored on public or private property in a manner which creates a nuisance.
SECTION 19.00 DESIGNATION OF SOLID WASTE.
19.01 Delivery Requirements: To the extent authorized by law, all Acceptable Waste generated
within the County must be delivered to the Facility and may not be delivered to any other Solid
Waste Facility except as provided in 19.03 and 19.04 herein. The County may from time to
time designate additional Solid Waste facilities. This provision is binding on all Persons,
including without limitation, political subdivisions, Solid Waste Land Disposal Facility
Operators, Solid Waste Generators, and Solid Waste collectors in the County.
19.02 Acceptance Requirements: The Facility must accept all Acceptable Waste delivered to the
Facility, unless the County has declared an interruption of Designation as provided in 19.09
herein.
19.03 Delivery of Unacceptable Waste:
A. Rejection of Unacceptable Waste. No Person may deposit Unacceptable Waste at the
Facility. The Facility Operator may reject any load for which there is a reasonable basis to
believe the load contains Unacceptable Waste by refusing to allow Disposal of the load at
the Facility. At the time of such rejection, the Facility Operator shall provide the vehicle
Operator with a Certificate of Rejection stating the reason or reasons therefore. The Facility
Operator shall transmit a copy of the Certificate of Rejection to the Department in a timely
manner.
B. Disposal of Rejected Waste. Rejected Waste must be Disposed of in accordance with all
applicable federal, state, and local laws and regulations. A Certificate of Rejection must be
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presented to the Operator of any alternative Solid Waste Facility used for Rejected Waste.
No Solid Waste Facility may permit any Solid Waste subject to Designation to be deposited
at such Solid Waste Facility unless the Person or collector seeking deposit presents a
Certificate of Rejection from the Facility. Any Person or collector who deposits
Unacceptable Waste at the Facility must recover all such Unacceptable Waste immediately
upon demand of the Facility Operator. Such Unacceptable Waste shall be considered
Rejected Waste, and must be Disposed of in accordance with this section and all applicable
federal, state, and local laws and regulations.
19.04 Receiving Hours: Acceptable Waste must be delivered to the Facility between 6:00 a.m. and
6:00 p.m. Monday through Saturday, excluding Holidays, or at such other times as the County
may determine. The Facility Operator will not be required to allow delivery of Acceptable
Waste at any times other than those specified herein.
19.05 Tipping Fees:
A. Payment. All Persons must pay a Tipping Fee to the Facility Operator for Solid Waste
accepted at the Facility.
B. Establishment of Fees.
1. Procedure. The County Board of Commissioners shall establish or amend the Tipping
Fee by resolution. The resolution shall state the effective date of the Tipping Fee.
2. Principles. The County shall set the Tipping Fee and any amendments thereto at a
reasonable amount, taking into account any of the following factors:
a. the cost to the County of Solid Waste Management services including those
provided by the Facility;
b. the cost to and savings by the collectors of delivering Solid Waste to the Facility;
c. the Tipping Fees charged at the Solid Waste land Disposal facilities in the
Metropolitan Area;
d. any economic incentive the County may provide;
e. the County of origin of waste processed or transferred by the Facility; and
f. any other factors which the County may determine to have an impact on the
reasonableness of the Tipping Fee at the Facility.
19.06 Exemptions: The following Acceptable Waste shall be exempt from Designation:
A. Recycled Materials. Materials that are separated from Mixed Municipal Solid Waste by the
Generator and recovered for reuse in their original form or for use in manufacturing
processes. For the purpose of this section "manufacturing process" does not include the
treatment of waste after collection for the purpose of Composting. Recyclable Materials
that are Commingled for Recycling, and which are actually recycled are exempt from
Designation. The residual materials that remain after the Processing of Commingled
Recyclable Materials are exempt from Designation if there is at least an 85 percent volume
reduction in the material processed at the Recycling Facility and the residuals are managed
as separate waste streams. Mixed Municipal Solid Waste that remains after the Processing
of Commingled Recyclable Materials is subject to Designation if there is not at least an 85
percent volume reduction in the material processed at the Recycling Facility or the Mixed
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Municipal Solid Waste material is not managed as separate waste stream, and shall be
delivered to the Facility. A Person may request a variance from the Designation
requirement for the Mixed Municipal Solid Waste subject to Designation, as described
herein, resulting from the Processing of Commingled Recyclable Materials. The process for
consideration of such a request shall be pursuant to 16.01 Variances of this Ordinance. The
Department shall grant a variance if it finds that:
1. The Mixed Municipal Solid Waste resulting from the Processing of Commingle
Recyclable Materials will be processed at a Resource Recovery Facility;
2. The Person requesting the variance has not been found in violation of the Designation
provision in the six months prior to filing for a variance; and
3. The Person requesting the variance agrees to report and actually reports to the
Department the quantities of materials, by categories to be specified by the Department,
that are recycled from the Processing of the Commingled Recyclable Materials and the
quantity of Mixed Municipal Solid Waste that are processed at a Resource Recovery
Facility. Materials that have been separated for Recycling that cannot be Marketed, as
determined by the Person that owns the materials, are no longer considered Recyclable
Materials and are subject to the Designation requirement if they become Mixed
Municipal Solid Waste.
B. Statutory Exemption for Existing Resource Recovery Facilities. Acceptable Waste
processed at another Resource Recovery Facility, provided that:
1. Such Facility was in operation at the time of approval by the Metropolitan Council of
the Counties' Designation Plan, on December 13, 1984;
2. Such Acceptable Waste shall be exempt only at the Processing capacity of such other
Facility in operation at the time of approval of the Designation Plan;
3. The Owner of the Resource Recovery Facility shall provide documentation to the
Department within 30 days following a written request to do so by the Department,
substantiating the following: the existence of the Resource Recovery Facility at the time
of Designation Plan approval; the amount and type of Acceptable Waste materials
processed at the Resource Recovery Facility at that time; that the Resource Recovery
Facility remains in operation; and such other information as the Department may
require.
C. Materials Delivered Under Contracts. Acceptable Waste otherwise subject to Designation
for which negotiated contractual arrangements exist that will require and affect the delivery
of such Solid Waste to the Facility for the term of the contract; provided that this exception
shall apply only during the term of such contract and only while the collector is not in
default there under.
D. Public Health and Safety Exemptions. Acceptable Waste, which the Department determines
on a case-by-case basis, should be exempt for reasons of public health and safety, under
such conditions as the Department may specify. The Department shall make its
determination based upon written application and following receipt of an application fee. At
its option, the Department may convene an informal hearing with the applicant to consider
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the application. The Department will act upon the request with 30 days of receipt of the
application. Failure of the Department to act upon the request within 30 days shall
constitute a denial of the application, without prejudice to the applicant to reapply.
E. Material Separated at Transfer Stations. Materials that are separated at a Transfer Station
that is permitted by the MPCA and Licensed by the Department and that is located within
the boundaries of Ramsey County for the purpose of Recycling if (1) the Transfer Station
was in operation on January 1, 1991; or (2) the materials were not being separated for
Recycling at the Facility at the time the Transfer Station began separation of the materials.
For the purpose of this section, "manufacturing processes" does not include the treatment of
waste after collection for the purpose of Composting. The exemptions in this section apply
only to those materials separated from Mixed Municipal Solid Waste that are managed in a
manner appropriate to the characteristics of the waste stream and where a management
practice is used which as been identified by Minnesota Statutes Section 115A.02 paragraph
(b) as preferred over the primary management method of the Facility. The residual
materials left after separation of the Recyclable Materials shall be delivered to the Facility.
19.07 Petition for Exclusion: Any Person proposing to own or operate a Solid Waste Processing
Facility using Solid Waste materials subject to these Designation provisions, may petition the
County for exclusion of the materials from the Designation provisions. In order to qualify for
the exclusion of materials under this section, the petitioner shall submit with the petition a
written description of the proposed Solid Waste Processing Facility, its intended location, its
Solid Waste supply sources, purchasers of its products, its design capacity, and other
information that the County may reasonably require. The petitioners shall pay a petition review
fee to the Department. The County, after appropriate notice and hearing, shall issue a written
decision with findings of fact and conclusions on all material issues. The County shall grant the
petition if it determines that:
A. the materials will be processed at another Resource Recovery Facility, and
B. the exclusion can be implemented without impairing the financial viability of the Facility or
impairing the contractual obligations or preventing the performance of contracts by the
Facility Owner or Operator, the County, or users of the Facility. Any Person aggrieved by
the decision of the County may appeal to the Metropolitan Council. The review is confined
to the record. The decision of the Metropolitan Council must be based on the standards
stated in this section. If the Metropolitan Council approves the petition, the Designation
provisions must be amended in conformance with the decision of the Metropolitan Council.
The petition may be amended during the proceedings by agreement between the petitioner
and the County.
19.08 Exclusion of Materials Separated at Certain Facilities:
A. The County shall exclude, subject to approval by the Metropolitan Council, materials that
the Department determines will be separated for Recycling at a Transfer Station located
outside of Ramsey County if:
1. The residual materials left after separation of the Recyclable Materials are delivered to a
Solid Waste Facility designated by the County; and
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2. Each collector who would otherwise be subject to the Designation provision and who
delivers waste to the Transfer Station has not been found in violation of the Designation
provision in the six months prior to filing for an exclusion; and
3. The materials separated at the Transfer Station are delivered to a recycler and are
actually recycled; and
4. The Owner or Operator of the Transfer Station agrees to report and actually reports to
the Department the quantities of materials, by categories to be specified by the
Department, that are recycled by the Transfer Station that otherwise would have been
subject to the Designation provision.
B. In order to qualify for an exclusion under this section, the Owner of a Transfer Station shall
file with the Department a written description of the Transfer Station, its operation,
location, and Solid Waste supply sources, the quantity of Solid Waste delivered to the
Transfer Station by the Owner of the Transfer Station, the Market for the materials
separated for Recycling, where the Recyclable Materials are delivered for Recycling, and
other information the Department may reasonably require, as well as a filing review fee.
Information received by the Department is nonpublic data as defined in Minnesota Statutes
Section 13.02 subdivision 9. Within 10 business days following receipt of the filing the
Department shall determine whether the application is complete, and indicate to the
applicant in writing the information needed to make the application complete if the
application is incomplete. At its option, the Department may convene an informal hearing
with the applicant to gather additional information and to consider the application. The
Department shall act upon the request with 60 days of receipt of the completed application.
Notice of the Department's decision shall be made in writing, and shall be delivered by
certified mail to the applicant.
C. The exclusion shall not be effective until the County has received written notice from the
Metropolitan Council that it has approved the exclusion, and the Department has issued
written notice to proceed with the exclusion.
19.09 Interruption of Designation Requirement:
A. The Director of the Department or the Director's Designee may interrupt the Designation
requirement of Subsection 1 herein for a period up to 72 hours if the Facility is inoperative.
Any interruption greater than 72 hours shall require approval of the County Board.
B. If the County Board or Department interrupts the Designation requirement of 19.01 herein,
no Person may deliver any Solid Waste to the Facility until such time as the Designation
requirement has been reinstated. This provision does not relieve any Person of any
obligation to comply with all other applicable federal, state or local laws or Ordinances.
The County Board or Department will provide reasonable notice of any suspension and
subsequent reinstatement of the Designation requirement to collectors, municipalities, and
Solid Waste Land Disposal Facility Operators in the County.
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SECTION 20.00 PROHIBITION ON SOLID WASTE DISPOSAL.
20.01 Prohibition: No Person shall collect and deliver to be placed, allow to be placed, or place
processed or unprocessed Solid Waste that has been generated in the County in a portion of a
Land Disposal Facility if said Facility does not comply with the minimum requirements for
design, construction, and operation of a new Land Disposal Facility for the type of Solid Waste
being Disposed as set forth in MPCA Rules.
SECTION 21.00 VIOLATIONS AND PENALTIES.
21.01 Misdemeanor. Any Person who violates this Ordinance, or who shall permit such a violation to
exist on the premises under their control, or who shall fail to take action to abate the existence
of the violation within the specified time period when ordered or notified to do so by the
Department, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished,
as provided by law. A separate offense shall be deemed committed each day during or on
which a violation occurs or continues.
21.02 Injunctive Relief. In the event of a violation or a threat of violation of this Ordinance, the
County may institute appropriate actions or proceedings, including requesting injunctive relief
to prevent, restrain, correct, or abate such violations or threatened violations.
21.03 Recovery of Abatement Costs. If a Person fails to comply with the provisions of this
Ordinance, the County may recover cost incurred for corrective action by any means allowable
by law. In the discretion of the County Board, the costs may be certified to the Director of the
Department of Property Taxation as an assessment against the property on which the violation
occurred pursuant to Minn. Stat. §145A.08.
21.04 Late Application Penalties. The penalty for receipt of a completed initial License application
after the scheduled due date shall consist of a sum equal to the License fee for the current
License period. The penalty for receipt of a completed License renewal application after the
scheduled due date shall consist of 10 percent of the License fee for the coming year. Renewal
applications forms received after the expiration of the License year shall be considered as initial
License applications. The penalty for the late payment of fees will be assessed pursuant to the
Ramsey County Administrative Ordinance Section 4.04.
21.05 Citations. Citations may be issued by the Department pursuant to Ramsey County
Administrative Ordinance Section 6.02.
21.06 Embargo. The Department may embargo and forbid the removal, transport, Disposal,
treatment, or use of any material which is or is suspected to be a Solid Waste and which is
being mismanaged or which the Department has reason to suspect is being or will be managed
in violation of this Ordinance. The Department shall place a tag to indicate the embargo on the
suspect material. No Person shall remove the tag or remove, transport, Dispose, treat, or use
such embargoed material except as authorized by the Department. Such action by the
Department shall not be considered to impute Ownership or management responsibility upon
the County.
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21.07 Civil Penalties. To the extent authorized by law, the County may impose civil penalties for
violations of Section 19.00 of this Ordinance. A civil penalty imposed under this provision
shall be payable to the County and shall not exceed $10,000 per day of violation plus the cost
of mitigating any damages caused by the violation and the attorney fees and court costs
incurred by the County to enforce the Ordinance.
SECTION 22.00 INSPECTIONS.
22.01 Standards. The Department shall conduct inspections in accordance with the Ramsey County
Administrative Ordinance.
SECTION 23.00 SERVICE CHARGE
23.01 Purpose and Authority: Pursuant to Minnesota Statutes Sections 400.08 and 473.811, subd. 3a,
the County hereby imposes on all Generators a service charge for Solid Waste Management
services provided by the County or by those under contract with the County. The amount of the
service charge is intended to be based upon the quantity of Mixed Municipal Solid Waste
produced by a Generator as measured by the fair Market value of Waste Management Services
utilized by the Generator. The Person paying for those Waste Management Services is
responsible for payment of the Charge.
23.02 Definitions: The following words and phrases, when used in this section, unless the context
clearly indicates otherwise, shall have the meanings ascribed to them in this subsection. Other
words and phrases used in this section have the meaning ascribed to them in Section I of this
Ordinance.
A. Charge: is the service charge established under 23.01.
B. Nonresidential Rate: is the rate of the Charge imposed on any Person who pays for Waste
Management Services for Mixed Municipal Solid Waste generated from any source in
Ramsey County other than a Residential Building.
C. Operating License: is the License required by Section 4.00 of this Ordinance.
D. Residential Building: is a single family home, a duplex, a tri-plex, a four-plex, an apartment
building, a mobile home, a condominium, a townhouse, a cooperative housing unit, or any
other residential building as determined by the County.
E. Residential Rate: is the rate of the Charge imposed on a Person who pays for Waste
Management Services for Mixed Municipal Solid Waste generated from a Residential
Building.
F. Self-Hauler: is a Person who transports for Disposal its own waste.
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G. Waste Management Services: means collection, transportation, Processing, or Disposal of
Mixed Municipal Solid Waste generated in Ramsey County, including but not limited to
regularly scheduled service, on-call service, one-time service, rental and other use of
equipment such as waste containers, compactors, compactor boxes, and the like, and any
other service that involves or facilitates collection, transportation, Processing, or Disposal
of waste materials as Mixed Municipal Solid Waste. It does not include the sale of
equipment used for the collection, transportation, Processing, or Disposal of Mixed
Municipal Solid Waste. It does not include collection, transportation, or management of
Recyclable Materials, yard waste, food waste, source separated compostable materials,
Problem Materials, or other waste materials when these materials are segregated by the
Generator for the purpose of Recycling or Composting and are delivered to a Recycling
Facility or Compost Facility, or the sale, rental, or other use of equipment necessary to
facilitate collection or transportation of these materials.
23.03 Billing and Collection:
A. The County Board shall determine the manner in which the rates and Charges shall be
billed and collected.
B. Each Hauler shall bill the Charge to and collect the Charge from all Persons to whom they
provide Waste Management Services, according to the rates and provisions established
under 23.08 and 23.09. In the event a municipality contracts or otherwise arranges for
Waste Management Services on behalf of Generators residing in a Residential Building,
elects to bill the Charge to and collect the Charge from Persons who are billed for such
services, and subsequently remits all Charges collected to the County pursuant to an
agreement with the County, a Hauler is not required to bill the Charge to or collect the
Charge from such municipalities.
C. Each Transfer Station open to the public shall bill the Charge to and collect the Charge
from Generators who haul their own Mixed Municipal Solid Waste to the Transfer Station,
according to the rate and provisions established under 23.08 and 23.09. Transfer Stations
are not required to bill or collect the Charge on Haulers or Licensed Self-Haulers that
deposit waste.
D. Self-Haulers shall pay the Charge directly to the County, if not paid to a Hauler or a
Transfer Station, according to the rates established under 23.08 and 23.09. The Charge shall
be based on the Disposal portion of incurred costs of Waste Management Services,
regardless of the location of the Facility at which the waste is deposited.
E. If a Generator does not pay the Charge to a Hauler, a Transfer Station, or directly to the
County, the County may directly bill the Generator or the Owner, occupant, or lessee of the
property on which the waste was generated. The amount billed will be calculated on the
cost of Waste Management Services incurred by the Generator. If the incurred cost is not
known, the County may establish the Charge based on a reasonable estimate of such
incurred costs.
F. Each Hauler and Transfer Station shall make reasonable efforts to collect the Charge.
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G. Noncompliance with the provisions of this Section shall constitute a basis for denial of an
application for a License or renewal of a License, or the suspension or revocation of a
License.
23.04 Remittance:
A. Each Hauler or Transfer Station must remit all collected Charges to the County on a
schedule and in a manner established by the County. Remittance shall be accompanied by a
report in accordance with instructions and on forms provided by the County.
B. Each Licensed Self-Hauler must remit all Charges owed to the County on a schedule and in
a manner established by the County. Remittance shall be accompanied by a report in
accordance with instructions and on forms provided by the County.
C. Non-Licensed Self-Haulers must remit any Charges owed on a schedule and in a manner
established by the County, if not paid to a Hauler or Transfer Station.
D. In the event a Hauler or Transfer Station does not receive the full amount billed on a
statement or invoice when the statement or invoice includes the Charge, all payments the
Hauler or Transfer Station actually receives shall be divided on a pro rata basis between the
amount owed the Hauler or Transfer Station and the Charge owed the County. The Hauler
or Transfer Station must remit the pro rata amount of the Charge to the County.
E. A late payment penalty shall be imposed on a Hauler or Transfer Station if Charges
collected are not remitted to the County on or before the due date established by the
County. The penalty shall be $15 per incident of lateness, plus 1.5% of the late remittance
amount for each month past due. If a Hauler or Transfer Station fails to bill the Charge as
required, the Hauler or Transfer Station shall pay the Generator’s Charge plus a 1.5% per
month late payment penalty, calculated from the date the Charge should have been remitted
to the County. These penalties shall be in addition to any other remedy available to the
County.
F. A late payment penalty shall be imposed on a Licensed Self-Hauler if the Charges owed by
the Licensed Self-Hauler are not remitted to the County on or before the due date
established by the County. The penalty shall be $15 per incident of lateness, plus 1.5% of
the late remittance amount for each month past due.
G. In additional to any late fee or penalty imposed by this Ordinance, noncompliance with the
provisions of this Section shall constitute a basis for denial of an application for a license or
renewal of a license, or suspension or revocation of a license.
23.05 Statements:
A. Each Hauler and Transfer Station shall separately itemize the Charge on any statement or
invoice issued for payment of Waste Management Services. The Charge must be identified
as “County Environmental Charge” and no other name or description. Failure to separately
itemize the Charge or to properly identify the Charge is a violation of this Ordinance.
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B. Each Hauler is required to provide notification of the Charge to all Persons that are billed
for Waste Management Services.
23.06 Examination of Records: The County or its duly authorized agent shall be allowed access at all
reasonable times to inspect and copy at reasonable cost all business records related to a Hauler,
Licensed Self-Hauler, or Transfer Station’s collection, transportation, and/or Disposal of waste
to the extent necessary to ensure that all Charges required to be collected or paid have been
remitted to the County. Such records shall be maintained by the Hauler, Licensed Self-Hauler,
or Transfer Station for no less than six (6) years.
23.07 Unpaid Charges:
A. Taxable Properties. On or before October 15 in each year, the County Board may certify to
the Department of Property Records and Revenue any unpaid outstanding Charges, as
reported to the County by Haulers and Transfer Stations, and a statement of the description
of the lands which were serviced and against which the Charges arose. A property Owner
may prepay the outstanding Charges before the Charges are extended to the tax rolls of the
County by remitting to the Department of Property Records and Revenue the Charges, in
full, plus interest of six percent per annum calculated from the date the Charges are reported
to the County as unpaid to December 31 of the year in which said prepayment is made.
Such prepayment must occur on or before the date provided in Minnesota Statutes Section
429.061 for prepayment of special assessments in order to prevent the Charges from being
extended to the tax rolls of the County. If the Charges are not prepaid as provided in this
section, the Department of Property Records and Revenue shall extend the Charges upon
the tax rolls of the County with interest of six percent per annum calculated from the date
the Charges are reported to the County as unpaid to December 31 of the year that the
Charges appear. The Charges with interest shall be carried into the property tax becoming
due and payable in the following year, and shall be enforced and collected in the manner
provided for the enforcement and collection of real property taxes in accordance with the
provisions of the laws of the state. The Charges, if not paid on time as part of the property
tax, shall become delinquent and be subject to the same penalties and the same rate of
interest as real property taxes under the general laws of the state.
B. Tax-Exempt Properties. Unpaid Charges may be collected as otherwise provided in this
Section.
C. Civil Action. In addition to each and every other remedy available to the County, unpaid
Charges, penalties, and interest may be recovered in a civil action against a property
Owner, lessee, or occupant or a Generator, Hauler, Self-Hauler, or Transfer Station.
23.08 Imposition: The Charge is imposed on the sales price of Waste Management Services as
incurred by any Person paying for Waste Management Services. If the sales price does not
represent the fair Market value of the Waste Management Services provided by the Hauler or
Transfer Station, the Charge shall be calculated on the fair Market value of those Waste
Management Services. Any sales tax or other tax or charge imposed by a unit of government is
not subject to the Charge.
23.09 Rate Payable beginning in 2004: The Charge imposed beginning in 2004 is:
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Residential Rate: 28.0%
Nonresidential Rate: 53.0%
Transfer Station rate: 28.0%
23.10 Effective Date: The Charge shall be placed on all Waste Management Services provided on or
after April 1, 2003. The Hauler or Transfer Station must collect and remit the Charge for any
Waste Management Services provided on or after April 1, 2003, notwithstanding the fact that
the Hauler or Transfer Station may have billed or invoiced prior to April 1, 2003, for Waste
Management Services to be provided on or after April 1, 2003.
SECTION 24.00 INDEMNIFICATION.
This Ordinance shall not be construed to hold the Department or the County or any officer or employee
responsible thereof for any damage to Persons or property by reason of the inspection or re-inspection
authorized herein provided, or by reason of the approval or disapproval of equipment or licensing
herein, nor for any action in connection with the inspection or control of Solid Waste or in connection
with any other official duties. With the exception of the provisions of Section XIV herein, these
amendments shall be effective upon passage by the County Board and publication according to law.
SECTION 25.00 ADDITIONAL REQUIREMENTS.
25.01 Additional Requirements Authorized. For purposes of protecting and providing for public
health, safety and welfare, the Department, may impose additional requirements consistent with
the intent of this Ordinance in order to regulate the collection and transportation of Solid Waste
and for the operation of Solid Waste Sites or facilities. The Department will notify the County
Board of any additional requirements that are being imposed.
SECTION 26.00 SEPARABILITY.
It is hereby declared to be the intention of the County Board that the several provisions of this
Ordinance be separable in accordance with the following:
26.01 If any court of competent jurisdiction shall adjudge any provisions of this Ordinance to be
invalid, such judgment shall not affect any other provisions of the Ordinance not specifically
included in said judgment.
25.02: If any court of competent jurisdiction shall adjudge the application of any provision of this
Ordinance to a particular structure, Site, Facility or operation, such judgment shall not affect
the application of said provision to any other structure, Site, Facility, or operation not
specifically included in said judgment.
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SECTION 27.00 PROVISIONS ARE ACCUMULATIVE.
The provisions in this Ordinance are accumulative and additional limitations upon all other laws and
Ordinance heretofore passed or which may be passed hereafter, covering any subject matter in this
Ordinance.
SECTION 28.00 NO CONSENT.
Nothing contained in this Ordinance shall be deemed to be consent, License, or permit to locate,
construct, or maintain any Solid Waste Site, Facility, or operation, or to carry on any Solid Waste
related activity within the County.
SECTION 29.00 EFFECTIVE DATE.
This Ordinance shall be effective upon passage by the County Board and its publication in accordance
with law.
FURTHER RESOLVED, That the foregoing Solid Waste Ordinance supersedes the original Solid
Waste Ordinance passed by the County Board on September 14, 1970 (Resolution #9-281) and
amendments passed by the County Board on May 1, 1972, December 18, 1972, February 25, 1974,
May 29, 1979 (Resolution #79-603), May 14, 1984 (Resolution #84-374), June 3, 1985 (Resolution
#85-333), September 9, 1985 (Resolution #85-569), March 17, 1986 (Resolution #86-157), February
11, 1992 (Resolution #92-142), August 11, 1992 (Resolution #92-476), February 15, 1994 (Resolution
#94-078), November 1, 1994 (Resolution #94-497), March 28, 1995 (Resolution #95-149), November
14, 1995 (Resolution #95-494), November 5, 1996 (Resolution #96-479), November 4, 1997
(Resolution #97-484), November 3, 1998 (Resolution #98-448), November 2, 1999 (Resolution #99433), November 7, 2000 (Resolution #2000-383), November 13, 2001 (Resolution #2001-373),
December 3, 2002 (Resolution #2002-433) , and November 4, 2003 (Resolution #2003-371).
Adopted by the Board of Ramsey County Commissioners this 20th day of October 2009, by Resolution
#2009-361.
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