BELTRAMI COUNTY SOLID WASTE ORDINANCE #13/ORDINANCE …
110
BELTRAMI COUNTY SOLID WASTE ORDINANCE #13/ORDINANCE 25 - BELTRAMI COUNTY, MINNESOTA Adopted by Beltrami County Board of Commissioners on
Transcript of BELTRAMI COUNTY SOLID WASTE ORDINANCE #13/ORDINANCE …
BELTRAMI COUNTY
SOLID WASTE ORDINANCE #13/ORDINANCE 25
--BELTRAMI COUNTY, MINNESOTA
Adopted by Beltrami County Board of Commissioners on
i
Table of Contents
.........................................................................................................................................................
ARTICLE I PURPOSE, AUTHORITY, & POLICY ................................................................... 1
SECTION 1 PURPOSE & AUTHORITY ..................................................................................... 1
SECTION 2 POLICY ................................................................................................................... 1
ARTICLE II DEFINITIONS, RULES, & WORD USAGE ............................................................ 2
SECTION 1 DEFINITIONS ......................................................................................................... 2
SECTION 2 RULES, WORD USAGE ....................................................................................... 11
ARTICLE III GENERAL PROVISIONS ..................................................................................... 12
SECTION 1 DEPARTMENT POWERS AND DUTIES ............................................................. 12
SECTION 2 BOUNDARIES OF SERVICE AREA ..................................................................... 12
SECTION 3 HIGHEST STANDARDS PREVAIL ....................................................................... 12
SECTION 4 JURISDITION OF THE SOLDI WASTE MANAGEMENT PLAN .......................... 12
SECTION 5 PLANNING & ZONING APPROVAL ..................................................................... 12
SECTION 6 WAIVERS OR MODIFICATIONS ......................................................................... 13
SECTION 7 AGENCY APPROVAL ........................................................................................... 13
SECTION 8 INDEMIFICATION ................................................................................................. 13
SECTION 9 FINANCIAL ASSURANCE .................................................................................... 13
SECTION 10 NO CONCENT ...................................................................................................... 13
SECTION 11 FALSE INFORMATION......................................................................................... 13
SECTION 12 DATA PRIVACY .................................................................................................... 13
SECTION 13 SEVERABILITY ..................................................................................................... 13
ARTICLE IV WASTE ABATEMENT, DEMOLITION DEBRIS MANAGEMENT, STORAGE, COLLECTION, PROCESSING, & DISPOSAL .................................................... 14
SECTION 1 WASTE ABATEMENT .......................................................................................... 14
SECTION 2 DEMOLITION DEBRIS MANAGEMENT .............................................................. 15
SECTION 3 STORAGE & COLLECTION ................................................................................. 15
SECTION 4 PROCESSING & DISPOSAL ................................................................................ 19
ARTICLE V SOLID WASTE MANAGEMNT SERVICE CHARGE .......................................... 22
SECTION 1 PURPOSE AND AUTHORITY .............................................................................. 22
SECTION 2 GENERAL SERVICE CHARGE PROVISIONS .................................................... 22
SECTION 3 RESIDENTIAL PER PARCEL SERVICE CHARGE ............................................. 23
SECTION 4 BELTRAMI COUNTY SOLID WASTE-NON RESIDENT AND NON- RESIDENTIAL OR COMMERCIAL SERVICE CHARGE ........................................................... 23
SECTION 5 SOLID WASTE REGISTRATION ......................................................................... 25
ii
ARTICLE VI HAULER LICENSING PROVISIONS ................................................................... 27
SECTION 1 LICENSE REQUIRED ........................................................................................... 27
SECTION 2 LICENSE REQUIREMENTS ................................................................................. 28
SECTION 3 INSURANCE REQUIREMENTS ........................................................................... 30
SECTION 4 EQUIPMENT & OPERATIONS REQUIREMENTS .............................................. 32
SECTION 5 REPORTING REQUIRED ..................................................................................... 34
SECTION 6 ADDITIONAL RECYCABLE MATERIALS REPORTING REQUIREMENTS ....... 36
SECTION 7 WASTE DEPOSIT DISCLOSURE ......................................................................................................................................................... 37DISCLOSURE ......................................................................................................................... 36
SECTION 8 SOLID WASTE HAULER RECORDS ................................................................... 37
SECTION 9 COUNTY OR MUNICIPAL HAULER CONTRACTS ......................................................................................................................................................... 38CONTRACTS .......................................................................................................................... 37
ARTICLE VII FACILITY REQUIREMENTS AND LICENSES........................................................................................................................................................... 39LICENSES ................................................................................................................................ 38
SECTION 1 LICENSES REQUIRED ...................................................................................... 398
SECTION 2 FACILITY LICENSE FEES ......................................................................................................................................................... 39FEES ....................................................................................................................................... 38
SECTION 3 LICENSES REQUIREMENTS ......................................................................................................................................................... 39REQUIREMENTS ................................................................................................................... 38
SECTION 4 REVIEW OF FACILITY LICENSE APPLICATION ......................................................................................................................................................... 40APPLICATION ......................................................................................................................... 39
SECTION 5 TERM OF FACILITY LICENSE; RENEWAL, LICENSE NOT TRANSFERABLE ......................................................................................................................................................... 41TRANSFERABLE .................................................................................................................... 40
SECTION 6 INSURANCE REQUIREMENTS ......................................................................................................................................................... 42REQUIREMENTS ................................................................................................................... 41
SECTION 7 FACILITY RECORDS ......................................................................................................................................................... 44RECORDS .............................................................................................................................. 43
SECTION 8 GENERAL REQUIREMENTS FOR ALL FACILITIES ......................................................................................................................................................... 45FACILITIES ............................................................................................................................. 44
SECTION 9 MIXED MUNICIPAL SOLID WASTE LAND DISPOSAL FACILITIES ......................................................................................................................................................... 46FACILITIES ............................................................................................................................. 45
SECTION 10 CONSTRUCTION AND DEMOLITION DEBRIS LAND DISPOSAL FACILITIES ......................................................................................................................................................... 48FACILITIES ............................................................................................................................. 47
iii
SECTION 11 INDUSTRIAL SOLID WASTE LAND DISPOSAL FACILITIES ......................................................................................................................................................... 50FACILITIES ............................................................................................................................. 49
SECTION 12 TRANSFER STATIONS ......................................................................................................................................................... 52STATIONS .............................................................................................................................. 50
SECTION 13 SOLID WASTE PROCESSING FACILITIES ......................................................................................................................................................... 54FACILITIES ............................................................................................................................. 52
SECTION 14 WASTE TIRE FACILITIES ......................................................................................................................................................... 55FACILITIES ............................................................................................................................. 53
ARTICLE VIII INSPECTIONS, VIOLATIONS AND ENFORCEMENT........................................................................................................................................................... 58ENFORCEMENT....................................................................................................................... 56
SECTION 1 INSPECTIONS ......................................................................................................................................................... 58INSPECTIONS ........................................................................................................................ 56
SECTION 2 ACTIONS AUTHORIZED ......................................................................................................................................................... 59AUTHORIZED ......................................................................................................................... 57
SECTION 3 HEARINGS ......................................................................................................................................................... 64HEARINGS .............................................................................................................................. 62
EXHIBITS (RATES, ANDSOLID WASTE FORMS) ...................................................................
EXHIBIT A SCHEDULE OF LICENSE REQUIREMENTS ......................................................................................................................................................... 67................................................................................................................................................. 65
EXHIBIT B RESIDENTIAL SOLID WASTE FEE SCHEDULE ............................................... 68
EXHIBIT C B SENIOR CITIZEN & DISABLED SOLID WASTE FEE REDUCTION APPLICATION ......................................................................................................................................................... 69APPLICATION ......................................................................................................................... 66
EXHIBIT D C COMMERCIAL SOLID WASTE REGISTRATION FORM ......................................................................................................................................................... 70................................................................................................................................................. 67
EXHIBIT E D APPLICATION FOR SOLID WASTE CHARGE ACCOUNT ......................................................................................................................................................... 71................................................................................................................................................. 68
EXHIBIT F E SOLID WASTE HAULER LICENSE APPLICATION ......................................................................................................................................................... 72................................................................................................................................................. 69
EXHIBIT G F PRE RENOVATION/DEMOLITION CHECKLIST COMMERCIAL WEIGHT SHEET ......................................................................................................................................................... 82................................................................................................................................................. 79
EXHIBIT H COMMERCIAL SOLID WASTE FEE SCHEDULE .............................................. 83
EXHIBIT I G COMMERCIAL WEIGHT SHEETPRE RENOVATION/DEMOLITION CHECKLIST ................................................................................................................................................... 841
iv
EXHIBIT J H APPLICATION FOR ABATEMENT ......................................................................................................................................................... 86................................................................................................................................................. 82
EXHIBIT K I COMMERCIAL OUT OF BUSINESS NOTICE ......................................................................................................................................................... 87................................................................................................................................................. 83
EXHIBIT L J APPLICATION FOR JUNKYARD/SCRAP DEALER LICENSE ......................................................................................................................................................... 88................................................................................................................................................. 84
EXHIBIT M K ANNUAL RECYCLING REPORT ......................................................................................................................................................... 89................................................................................................................................................. 85
1
ARTICLE I PURPOSE, AUTHORITY, & POLICY
SECTION 1 PURPOSE & AUTHORITY
An Ordinance establishing standards and procedures governing Solid Waste Management; establishing
Solid Waste Management Charges and programs; requiring licenses and license fees; establishing penalties
for lack of compliance; all in order to promote the health, welfare and safety of the public, and to protect the
environment. This Ordinance is enacted pursuant to Minn. Stat. Chapters 400, 145, 115A and 116.
Be it further ordained and enacted, by the County Board of Commissioners of the County of Beltrami State of
Minnesota, that this ordinance, to wit: County Ordinance 13, adopted by this act, hereby replaces and nullifies
existing County Solid Waste Ordinance Number 13, dated September 11, 1979 in its entirety as well as all
amendments there to. Be it further ordained and enacted, that Beltrami County Ordinance Number 25 is
hereby repealed in its entirety.
SECTION 2 POLICY
The policy of Beltrami County is to provide for the management of Solid Waste in a manner that will protect the
public health, welfare and safety, prevent the spread of disease, prevent the creation of nuisances, preserve
appearance, conserve, and preserve natural resources, and protect the State's water, air and land resources. It
is also the policy of the County to conform to the purposes outlined in Minn. Stat. §115A.02 and to establish
and implement a County Solid Waste Management Plan pursuant to Minn. Stat. §115A.46.
2
ARTICLE II DEFINITIONS RULES & WORD USAGE
SECTION 1 DEFINITIONS
Unless the context clearly indicates otherwise, the following words and phrases shall have the meanings ascribed to them in this Article. Unless specifically defined herein, terms used in this Ordinance ordinance shall have the same definition as provided in the Waste Management Act, Minn. Stat. § 115A.01, and if not defined there, shall have common usage meaning. For purposes of this Ordinanceordinance, the words "must" and "shall" are mandatory and not permissive.
Acceptable Waste: means those Solid solid Wastes wastes that are not prohibited from Processing processing
or disposal as defined by a Solid solid Waste waste Management management Facility facility pursuant to local,
State state and federal laws and the requirements of the Facilityfacility.
Agency: means the Minnesota Pollution Control Agency.
Agricultural Site: means land zoned and/or operated for agricultural purposes, but excludes the Residential
residential Site site on said premises.
Apartment: Individual units within a multiple unit dwelling. Each Unit unit is considered an individual
apartment.
Authorized Representative: means an employee or agent of the County Solid Waste Department.
Auto Body Repair Shops: A business that repairs the exterior of vehicles.
Business Office Complex: A building in which multiple businesses are located.
Certificate of Need (CON): an issuance from the State of Minnesota to certify needed Disposal disposal
capacity.
City: a statutory or home rule charter City city or town located within the Countycounty.
Charge: means a Solid solid Waste waste Management management Chargecharge.
Closure: means actions to prevent or minimize the threat to public health and the environment posed by a
closed Facility including removing contaminated soil and 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.
Collection or Collects: means the aggregation of Solid solid Waste waste from the place at which it is
generated and includes all activities up to the time the Solid solid Waste waste is delivered to a Solid solid
Waste waste Management management Facilityfacility.
Commercial Accounts: means Ssolid Wwaste Mmanagement Sservices provided to any Ccommercial Ssite,
Bbuilding, or parcel per definition on page 2 of this ordinance
Commercial Hauler: any person who operates a vehicle or vehicles for a fee, for hire or as part of a
commercial transaction for the purpose of collection and transportation of solid waste. The term commercial
hauler includes municipal, governmental and political subdivision which operate a vehicle or vehicles for the
purpose of collection and transportation of solid waste not generated solely on property of the municipal,
governmental, or political subdivisions.
3
Commercial Property: means all property that generates waste within the Ccounty that is not defined as a
Rresidential Pproperty as determined by the Ccounty. Residential Pproperty that has a separate Sstructure
used just for Bbusiness will be considered Ccommercial Pproperty.
Commercial Site: means any business, commercial, industrial, institutional or governmental establishment.
These include home-operated businesses, motels, resorts, ice-fishing rentals, industries, commercial and
institutional enterprises, and such non-residential institutions as churches, nursing homes, nonprofit
associations, schools, and the like. If a Site has dwelling units, but also has one or more units not used for
dwelling purposes, and used for business, then the non-dwelling units are considered a commercial site.
Commercial Solid Waste Disposal Fee: means the rate of the Ffee imposed on any Pperson who pays for
Mmixed Mmunicipal Ssolid Wwaste Sservices for Mmixed Mmunicipal Ssolid Wwaste Ggenerated from any
source in the Ccounty other than a Rresidential Bbuilding.
Commercial Site: means any business, commercial, industrial, institutional or governmental establishment.
These include home-operated businesses, Motels, Resorts, Ice-Fishing Rentals, industries, commercial and
institutional enterprises, and such non-residential institutions as churches, nursing homes, nonprofit
associations, schools, and the like. If a Site has dwelling units, but also has one or more units not used for
dwelling purposes, and used for business, then the non-dwelling units are considered a Commercial Site.
Compost or Composting: means the controlled microbial degradation of organic waste to yield a humus-like product.
Compost Facility: means a site used to compost or co-compost Solid solid Wastewaste, 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.
Commercial Hauler: any person who operates a vehicle or vehicles for a fee, for hire or as part of a
commercial transaction for the purpose of collection and transportation of solid waste. The term commercial
hauler includes municipal, governmental and political subdivision which operate a vehicle or vehicles for the
purpose of collection and transportation of solid waste not generated solely on property of the municipal,
governmental, or political subdivisions.
Construction and Demolition Debris: means Solid Waste resulting from construction, remodeling, repair,
erection and demolition of buildings, roads and other artificial structures, including: concrete, brick, bituminous
concrete, untreated wood, masonry, glass, trees, rock, plastic building parts, plumbing fixtures, roofing
materials, wallboard, and built-in cabinetry. Construction and Demolition demolition Debris debris does not
include: asbestos waste; auto glass; wood treated with chemical preservatives; furniture; lighting equipment;
vermiculite; contaminated soil; firebrick; food waste; machinery; engine parts; liquid paints; paint thinners or
solvents; varnishes; street sweepings; tar; carpet/padding if not affixed to a structure; mattresses; adhesives,
caulking, sealants and applicators, brushes, containers, tubes, filters contaminated with these materials;
sandblasting materials; agricultural chemicals or containers (including empty pesticide, herbicide, and
insecticide containers); chemical containers; animal carcasses, parts, or rendering and slaughterhouse wastes;
appliances (including white goods and brown goods); ashes or hot wastes that could spontaneously combust or
ignite other wastes due to high temperatures; ash from incinerators, resource recovery facilities and power
plants; batteries; carbon filters; fluorescent tubes and ballasts; high-intensity discharge lamps; foundry wastes;
Hazardous hazardous Wastewaste; household Refuse refuse or garbage; infectious waste; liquids (any type),
liquid non-hazardous materials; medical waste; mercury containing wastes (thermostats, switches); PCB
contaminated wastes; petroleum products and their containers or filters (including oil, grease or fuel);
radioactive waste (unless natural materials at normal background levels); septic tank pumping; sludge
(including ink, lime, wood, sewage or paper); live coal tar (including applicators, containers, and tubes); Waste
waste Tirestires; vehicles; Yard yard Wastewaste; and packaging materials, including cardboard, paper, shrink-
wrap and Styrofoamstyrofoam. Mixtures of Construction construction and Demolition demolition Debris debris
with other Solid solid Waste waste is not Construction construction and Demolition demolition Debrisdebris.
4
Construction and Demolition Debris Land Disposal Facility: means a site used to Dispose dispose of
Construction construction and Demolition demolition Debrisdebris.
Construction Site: means a place where the erection of buildings, roads or other improvements to real property
is occurring.
County: means Beltrami County, Minnesota.
County Board: means the Beltrami County Board of Commissioners.
Curbside Collection: means a Mixed mixed Municipal municipal Solid solid Wastewaste, Yard yard
Wastewaste, and/or Recyclable recyclable Materials materials Collection collection system whereby the
Generators generators set Solid solid Waste waste containers at the curb adjacent to a roadway or, where this
is not practical, in locations easily accessible for Collection collection by a Hauler.
Department: means the Beltrami County Solid Waste Department.
Dismantle/Salvage Vehicle: means remove useable or repairable parts from a vehicle and sell them for reuse.
Disposal or Dispose: means the discharge, deposit, injection, Dumpingdumping, spilling, leaking, or placing
of any waste into or on any land or water so that the waste or any constituent thereof may enter the
environment or be emitted into the air, or discharged into any waters, including ground waters.
Dumping: means the illegal placement of any Solid solid Wastewaste, including Construction construction and
Demolition demolition Debrisdebris, Hazardous hazardous Wastewaste, iIndustrial Solid solid Wastewaste,
Mixed mixed Municipal municipal Solid solid Wastewaste, or Recyclable recyclable Materialsmaterials,
anywhere other than in an approved container or at a Solid solid Waste waste Management management
Facility facility during hours of operation.
Effectively Conceal: means to remove from sight by relocation or by the erection of a manmade or natural barrier(s) such as fencing, trees or berm so as to prevent public view of potentially unsightly or nuisance material from public road.
Financial Assurance: means monetary mechanisms that are used to assure proper Closureclosure, post
Closure closure care, and contingency action at a Site site or Solid solid Waste waste Management
management Facilityfacility.
Garbage: means discarded material resulting from the handling, processing, storage, preparation, serving, and consumption of food.
Generator: means any Person person who generates or aggregates Solid solid Wastewaste.
Hauler: means any Person person who collects or Transports transports Solid solid Wastewaste, Recyclable
recyclable Materials materials or Yard yard Wastewaste, but does not include a Selfself-Haulerhauler.
Hauler Services: means the Mixed mixed Municipal municipal Solid solid Waste waste Services services
provided by a Hauler hauler or Selfself-Haulerhauler.
Hazardous Waste: means any Refuserefuse, sludge, or other waste material or combinations of
Refuserefuse, 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:
5
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 disposed of, or otherwise managed. Categories of Hazardous
hazardous Waste waste materials include, but are not limited to: explosives, flammables, oxidizers,
poisons, irritants, and corrosives. Hazardous Waste waste does not include source, special nuclear, or
by-product material as defined by the Atomic Energy Act of 1954, as amended.
Imminent Hazard: means an actual or potential immediate threat to the health, safety, or well-being of humans
or livestock, or that may cause environmental degradation.
Industrial Solid Waste: means Solid solid Waste waste generated from an industrial or manufacturing process
and Solid solid Waste waste generated from non-manufacturing activities that is Collectedcollected,
Processedprocessed, or Disposed disposed of as a separate waste stream. Industrial Solid solid Waste waste
does not include office materials, restaurant and food preparation waste, discarded machinery, Construction
construction and Demolition demolition Debrisdebris, Mixed mixed Municipal municipal Solid solid Wastewaste,
or Mixed mixed Municipal municipal Solid solid Waste waste combustor ash.
Industrial Solid Waste Land Disposal Facility: means a site used to Dispose dispose of Industrial industrial
Solid solid Waste waste in or on the land.
Inoperable/Inoperative: Any piece of equipment not currently awaiting repairs that is not capable of functioning and/or operating for the purpose in which it was manufactured or intended.
Junk: means scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, ferrous material, non-ferrous material, inoperable and/or inoperative and/or unlicensed motor vehicles, recreational vehicles, agricultural, or construction machinery and parts thereof, that may be used again in some form, second hand. Something of poor quality, worn or discarded articles, clutter, something of little meaning, worth or significance, worthless.
Junk Motor Vehicle: A motor vehicle that is partially damaged dismantled or wrecked or cannot be self-propelled or moved in a manner in which it originally was intended to move or does not display current license plate.
Junkyard: means land or buildings where solid waste, discarded or salvaged materials are brought, purchased, sold, exchanged, stored, cleaned, packed, disassembled or handled, including but not limited to, scrap metal, rags, paper, rubber products, glass products, lumber products, and products resulting from the wrecking, dismantling of automobiles, boats, snowmobiles, or other vehicles, or used motor homes provided further that the storage of junk equal in bulk to five (5) or more inoperative and/or unlicensed motor vehicles, which are to be resold for used parts, or old iron, metal, glass or other discarded materials, for a period in excess of three (3) months shall be considered a junkyard, whether maintained in connection with another business or not.
Landlord: Property Manager.
Leachate: means liquid that has contacted or percolated through Solid solid Waste waste and has extracted,
dissolved, or suspended materials from it.
Leachate Management System: means the structures constructed and operated to contain, transport, and
treat Leachate, including liners, collection pipes, detection systems, holding areas, and treatment
Facilitiesfacilities.
License: means authorization by the County county Board board to conduct business services that may be
limited to a specific period of time, specific person, and or a specific site in the Countycounty.
6
Licensee: means the Person person who has been issued a license by the County county to carry out any of
the activities for which a license is required under the provisions of this Ordinanceordinance.
Low Income Disabled Person: Any person who is officially certified as disabled by the Social Security
Administration and who receives a homestead credit on their real-estate property tax statement, and whose
income is below the Federal federal Poverty poverty Guidelinesguidelines.
Low Income Senior Citizen: Any person age 65 or older who receives a homestead credit on their real-estate
property tax statement, and whose income is below the Federal federal Poverty poverty Guidelinesguidelines.
Major Appliance: means clothes washers and dryers, dishwashers, hot water heaters, heat pumps, furnaces,
garbage disposals, trash compactors, conventional and microwave ovens, ranges and stoves, air conditioners,
dehumidifiers, refrigerators, freezers and other appliances designated by State law or this Ordinance.
Medical Waste: means biological waste originating from the diagnosis, care, or treatment of a Person person
or animal, or waste resulting from biological research, whether or not the waste has been rendered non-
infectious.
Mixed Municipal Solid Waste: means,
A. garbageGarbage, Refuserefuse, and other Solid solid Waste waste from residential,
Commercialcommercial, industrial, and community activities that the Generator generator of the waste
aggregates for Collectioncollection, except as provided in paragraph B.
B. Mixed Mixed Municipal municipal Solid solid Waste waste does not include auto hulks, street sweepings,
ash, Construction construction and Demolition demolition Debrisdebris, mining waste, sludge, tree and
agricultural wastes, Waste waste Tirestires, lead acid batteries, motor and vehicle fluids and filters, and
other materials collected, processed, and Disposed disposed of as separate waste streams, but does
include Sourcesource-Separated separated Compostable compostable Materialsmaterials.
Mixed Municipal Solid Waste Fee: means a fee established by the County county Board board and paid by
Generators generators to the County county for Solid solid Waste waste Management management
Servicesservices.
Mixed Municipal Solid Waste Land Disposal Facility: means a Solid solid Waste waste Disposal disposal
Facility facility used for Mixed mixed Municipal municipal Solid solid Wastewaste.
Mixed Municipal Solid Waste Services: means Collectioncollection, Ttransportation, Processingprocessing,
or Disposal disposal of Mixed mixed Municipal municipal Solid solid Waste waste Generated generated in the
Countycounty, including but not limited to regularly scheduled service, on-call service, one-time service, rental
and other use of equipment such as Solid solid Waste waste containers, compactors, compactor boxes, and
the like, and any other service that involves or facilitates Collectioncollection, Transportationtransportation,
Processingprocessing, or Disposal disposal of Solid solid Waste waste materials as Mixed mixed Municipal
municipal Solid solid Wastewaste. It does not include the sale of equipment used for the Collectioncollection,
Transportationtransportation, Processingprocessing, or Disposal disposal of Mixed mixed Municipal municipal
Solid solid Wastewaste. It does not include Collectioncollection, Transportationtransportation, or management
of Recyclable recyclable Materialsmaterials, Yard yard Wastewaste, food waste, source separated
compostable materials, problem materials, or other waste materials when these materials are segregated by
the Generator generator for the purpose of Recycling recycling or composting and are delivered to a Recycling
recycling Facility facility or Compost compost Facilityfacility, or the sale, rental, or other use of equipment
necessary to facilitate Collectioncollection, transportation, or management of these materials.
Multi-Unit Residential Building: means any building with four or more residential units.
7
Municipality: means an incorporated city or town within the Countycounty.
Commercial Accounts: means Solid Waste Management Services provided to any Commercial Site, Building,
or parcel per definition on page 2 of this ordinance
Commercial Property: means all property that generates waste within the County that is not defined as a
Residential Property as determined by the County. Residential Property that has a separate Structure used
just for Business will be considered Commercial Property.
Commercial Solid Waste Disposal Fee: means the rate of the Fee imposed on any Person who pays for
Mixed Municipal Solid Waste Services for Mixed Municipal Solid Waste Generated from any source in the
County other than a Residential Building.
Open Area: means areas outside of a building or structure.
Open Burning: means burning any Solid Waste whereby the resultant combustion products are emitted directly
to the open atmosphere.
Operating License: means the license required by this Ordinanceordinance.
Operator: means the Person person responsible for the operation of a Solid solid Waste waste Management
management Facilityfacility.
Owner: means any person or persons having a legal interest in real or personal property or any persons in
possession or control of real or personal property including, but not limited to, mortgages, contract for deed
vendees, and contract for deed vendors.
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, unless exempted by statute or rule.
Problem Material: means a material that, when processed or disposed of with Mixed Municipal Solid Waste,
contributes to one of the following results:
A. 1) The release of a hazardous substance, or pollutant or contaminant as defined in Minn. Stat.
§115B.02;
B. 2) Pollution of water as defined in Minn. Stat. §115.01; 3) air pollution as defined in Minn. Stat.
§116.06; or 4) a significant threat to the safe or efficient operation of a Solid Waste Management
Facility.
Processing: means the treatment of Solid solid Waste waste after Collection collection and before
Disposaldisposal. Processing includes but is not limited to reduction, separation, exchange, resource recovery,
physical, chemical, or biological modification.
Public Health Nuisance: means the creation of conditions or acts that unreasonably annoy, injure, or endanger
the safety, health, comfort, or repose of any number of members of the public.
Public View: View from a passenger vehicle driven along any public road maintained by the state or local unit of government for public travel or along any private road that provides access to ten or more residence or a commercial establishment.
8
Putrescible Material: means Solid Waste that is capable of rotting or is in a foul state of decay or decomposition.
Radioactive Waste Management Facility: means a geographic site, including buildings, structures, and
equipment in or upon which radioactive waste is retrievably or irretrievably Disposed disposed by burial in soil or
permanently stored. An independent spent-fuel storage installation located on the site of a Minnesota nuclear
Generation generation Facility facility for dry cask storage of spent nuclear fuel Generated generated solely by
that Facility facility is not a Radioactive radioactive Waste waste Management management Facilityfacility.
Real Property:
A. For the purposes of taxation, "Real Property" includes the land itself, rails, ties, and other track materials
annexed to the land, and all buildings, structures, and improvements or other fixtures on it, bridges of
bridge companies, and all rights and privileges belonging or appertaining to the land, and all mines, iron
ore and taconite minerals not otherwise exempt, quarries, fossils, and trees on or under it.
B. A building or structure shall include the building or structure itself, together with all improvements or
fixtures annexed to the building or structure, which are integrated with and of permanent benefit to the
building or structure, regardless of the present use of the building, and which cannot be removed
without substantial damage to itself or to the building or structure.
C. Real Property does not include;:
(i) Tools, implements, machinery, and equipment attached to or installed in Real real Property property
for use in the business or production activity conducted thereon, regardless of size, weight or
method of attachment, and mine shafts, tunnels, and other underground openings used to extract
ores and minerals taxed under Minn. Stat. §, chapter 298 (Mineral Taxes) together with steel,
concrete, and other materials used to support such openings.
(ii) The exclusion provided in clause (i) shall not apply to machinery and equipment includable as real
estate by paragraphs (a) and (b) even though such machinery and equipment is used in the
business or production activity conducted on the Real real Property property if and to the extent
such business or production activity consists of furnishing services or products to other buildings or
structures which are subject to taxation under this chapter.
(iii) The exclusion provided in clause (i) does not apply to the exterior shell of a structure, which
constitutes walls, ceilings, roofs, or floors if the shell of the structure has structural, insulation, or
temperature control functions or provides protection from the elements. Such an exterior shell is
included in the definition of Real real Property property even if it also has special functions distinct
from that of a building.
(iv) D. The term Real real Property property does not include tools, implements, machinery, equipment,
poles, lines, cables, wires, conduit, and station connections which are part of a telephone
communications system, regardless of attachment to or installation in Real real Property property and
regardless of size, weight, or method of attachment or installation. (Minn. Statute § 272.03, subdivision
1)
Recycling Facility: means a facility used to aggregate, process, or market Recyclable recyclable
Materialsmaterials. Recycling Facility facility does not include an individual generator of Recyclable recyclable
Materialsmaterials, such as a homeowner or business and it does not include a manufacturer using Recyclable
recyclable Materials materials as feedstock.
Recyclable Materials: means marketable materials that are separated from Solid solid Waste waste for the
purpose of Recyclingrecycling, : including paper, glass, plastics, metals, automobile oil, and batteries. Refuse-
9
derived fuel or other material that is destroyed by incineration is not a Recyclable recyclable Materialmaterial.
Recyclable Materials materials also refers to marketable materials separated from Industrial Solid solid Wastes
waste, and Construction construction and Demolition demolition Debris debris for the purpose of recycling.
Recycling: means the process of Collecting collecting and preparing Recyclable recyclable Materials materials
and reusing the materials in their original form or using them in manufacturing processes that do not cause the
destruction of Recyclable recyclable Materials materials in a manner that precludes further use.
Recycling Opportunities: An opportunity to recycle must include per (Minn. Stat. § 115A.552):
A. A local Recycling recycling center in the County and sites for collecting Recyclable recyclable Materials
materials that are located in areas convenient for Persons persons to use them;
B. Curbside pickup, centralized drop-off, or a local Recycling recycling center for at least four broad types
of Recyclable recyclable Materials materials in cities with a population of 5,000 or more Personspersons;
or
C. Monthly pickup of at least four broad types of Recyclable recyclable Materials materials in cities of the
first and second class and cities with 5,000 or more population in the metropolitan area.
Refuse: means putrescible and non-putrescible Solid solid Wasteswastes, including garbage, rubbish, ashes,
incinerator ash, incinerator residue, waste combustor ash, street cleanings, and Industrial industrial Solid solid
Wasteswastes, and including municipal treatment wastes which do not contain free moisture.
Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping,
leaching, Dumpingdumping, or Disposing disposing into the environment which occurred at a point in time or
which continues to occur.
Release does not include:
A. Emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, watercraft, or pipeline
pumping station engine;
B. Release of source, by-product, or special nuclear material from a nuclear incident, as those terms are
defined in the Atomic Energy Act of 1954, under United States Code, title 42, section 2014, if the
Release is subject to requirements with respect to financial protection established by the federal
Nuclear nuclear Regulatory regulatory Commission commission under United States Code, title 42,
section 2210;
C. Release of source, by-product or special nuclear material from any Processing processing site
designated pursuant to the Uranium Mill Tailings Radiation Control Act of 1978, under United States
Code, title 42, section 7912(a)(l) or 7942(a); or
D. Any Release release resulting from the application of fertilizer or agricultural or silvicultural chemicals,
or Disposal of emptied pesticide containers or residues from a pesticide as defined in Minn. Stat. §
Minnesota Statutes section l 8B.0118B.01, subdivision 18.
Residential Property: means property on which a single family home, a duplex, a triplex, a four-plex, an
apartment building, a mobile home, a condominium, a townhouse, a cooperative housing unit, or any other
Residential residential Building building as determined by the County county is located. Unless specifically
designated as Seasonal seasonal Recreational recreational Residentialresidential, all places of residence shall
be considered year round residences, even if occupied less than 12 months per year.
10
Residential Rate: means the rate of the Fee fee imposed on a Person person who pays for Mixed mixed
Municipal municipal Solid solid Waste waste Services services for Mixed mixed Municipal municipal Solid solid
Waste waste Generated generated from a Residential residential Propertyproperty.
Residential Site: means any dwelling unit including: (a) detached single family residences, and (b) buildings or
sites containing multiple residences including apartment buildings, condominiums, manufactured home parks,
or town-homes, none of which are used solely for commercial purposes.
Seasonal Residential Recreational: Places of residence (as defined as Residential residential
Propertyproperty) which are used for recreational purposes on a seasonal basis.
Self-Hauler: means a Person person who transports their own Residential residential or Commercial
commercial Solid solid Waste waste for Solid solid Waste waste Management management purposes.
Service Area: means a geographical area within the Countycounty, established by resolution of the County
county Boardboard, to receive Solid solid Waste waste Management management Servicesservices.
Site: means the spatial location of a proposed or actual Solid solid Waste waste Management management
Activity activity or Solid solid Waste waste Management management Facilityfacility.
Solid Waste: means garbage, Refuserefuse, sludge from a water supply treatment plant or air contaminant
treatment Facility, and other discarded waste materials and sludge, in solid, semisolid, liquid, or contained
gaseous form, resulting from industrial, mining, and agricultural operations and from Commercial commercial
Propertyproperty, and from community activities, but does not include Hazardous hazardous Wastewaste;
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 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.
Solid Waste Administrator: means the individual assigned by the County county to oversee and direct Solid
solid Waste waste Management management Activitiesactivities.
Solid Waste Department or Department: means the Beltrami County county Solid solid Waste waste
Departmentdepartment.
Solid Waste Management Activity: means an activity related to the Generationgeneration, storage,
Collectioncollection, Transportationtransportation, Processing processing or reuse, conversion, or Disposal
disposal of Solid solid Wastewaste.
Solid Waste Management Facility: means a Solid solid Waste waste Land land Disposal disposal
Facilityfacility, a Construction construction and Demolition demolition Debris debris Land land Disposal disposal
Facilityfacility, an Industrial industrial Solid solid Waste waste Land land Disposal disposal Facilityfacility, a
Compost compost Facilityfacility, a Transfer transfer Stationstation, a Solid solid Waste waste Processing
processing Facilityfacility, a Waste waste Tire tire Facilityfacility, a Waste waste Tire tire Collection collection
Sitesite, a Waste waste Tire tire Facilityfacility, a Waste waste Tire tire Processing processing Facilityfacility, or
a Recycling recycling Facilityfacility.
Solid Waste Land Disposal Facility: means a Solid solid Waste waste Land land Disposal disposal Facility
facility permitted by the Agency that is designed or operated for the purpose of disposing of Solid solid Waste
waste on or in the land, together with any appurtenant facilities.
11
Solid Waste Management: means activities that are intended to affect or control the Generation generation of
Solid solid Waste waste and activities which provide for or control the Collectioncollection,
Transportationtransportation, Processingprocessing, treatment, and Disposal disposal of waste.
Solid Waste Management Service Charge: means a service charge imposed pursuant to Minn. Stat. §
400.08, or § 437.811, subd. 3a.
Solid Waste Management Facility Fee: means the fee imposed on a Person person who pays for Mixed
mixed Municipal municipal Solid solid Waste waste Services services of a Solid solid Waste waste
Management management Facilityfacility.
Solid Waste Management Plan: means the County county Solid solid Waste waste Management
management Plan plan developed, adopted, and approved under Minn. Stat. §115A.46 or Minn. Stat.
§473.149.
Solid Waste Management Services: means all activities provided by the Countycounty, by Persons persons
under contract with the Countycounty, or by other Persons persons that support the waste management
responsibilities described in Minn. Stat. Chapters 115A, 116, 400 and 473, including, but not limited to, waste
reduction and reuse; waste recycling; composting of Yard yard Waste waste and food waste; Resource
resource Recovery recovery through Mixed mixed Municipal municipal Solid solid Waste waste composting or
incineration; land disposal; management of problem materials and household hazardous waste;
Collectioncollection, Processingprocessing, and Disposal disposal of Solid solid Wastewaste, Closure closure
and post-closure care of a Solid solid Waste waste Management management Facilityfacility, and response, as
defined in Minn. Stat. §115B.02, to Releases releases from a Solid solid Waste waste Management
management Facilityfacility.
Solid Waste Ordinance or Ordinance: means the Solid solid Waste waste Ordinance ordinance adopted by Beltrami County.Beltrami County.
Solid Waste Processing Facility: means a facility for the Processing processing of Solid solid Wastewaste.
Solid Waste Reduction; Source Reduction: means an activity that reduces Generation generation of Solid
solid Waste waste or the inclusion of toxic materials in Solid solid Wastewaste, including:
A. Reusing a product in its original form,
B. Increasing the life span of a product,
C. Reducing material or the toxicity of material used in production or packaging; or
D. Changing procurement, consumption, or Solid solid Waste waste Generation generation habits to
result in smaller quantities or lower toxicity of Solid Waste Generated.
Solid Waste Subcommittee: means a group of 2 (two) County county Board board members, authorized by
the County county Board board to accomplish a specific Solid solid Waste waste Management management
objectives and oversight.
Source-Separated Compostable Material: means Mixed mixed Municipal municipal Solid solid Waste waste that:
A. Is separated at the source by Solid solid Waste waste generators for the purpose of preparing it for use
as Compostcompost;
12
B. Collected separately from other Mixed mixed Municipal municipal Solid solid Wasteswastes;
C. Is comprised of food wastes, fish and animal waste, plant materials, diapers, sanitary products,
and paper that is not recyclable because the Solid Waste Administrator has determined that no other
person is willing to accept the paper for recycling; and
D. Is delivered to a Facility facility to undergo controlled microbial degradation to yield a humus-like
product meeting the Agency's agency's class I or class II, or equivalent, Compost compost standards
and where process residues do not exceed 15 percent by weight of the total material delivered to the
Facilityfacility.
Source-Separated Recyclable Material: means Recyclable recyclable Materials materials separated by the
Generator generator prior to Collection collection for Recyclingrecycling.
Special Wastes: are nonhazardous Solid solid Wastes wastes that have been prohibited from disposal with
Mixed mixed Municipal municipal Solid solid Waste waste or have had other specific management
requirements prescribed by statute.
State: means the State of Minnesota.
Transfer Station: means an intermediate permitted Ssolid Waste waste Management management Facility
facility in which Solid solid Waste waste collected from any source is temporarily deposited to await
Transportation transportation to another Solid solid Waste waste Management management Facilityfacility.
Transportation or Transports: means the conveying of Solid solid Waste waste from one place to another.
Unacceptable Waste: means those Solid solid Wastes wastes that cannot be accepted for management at a
Solid solid Waste waste Management management Facility facility pursuant to local, State state and federal
laws, and the practices of the Solid solid Waste waste Management management Facilityfacility.
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.
Waste Tire Collection Site: means a Countycounty-licensed and Agency agency permitted site or a site
exempt from such license or permit, used for the Collection collection and storage of Waste waste Tirestires.
Waste Tire Dump: means an unlicensed, unpermitted Site site being maintained, operated, used, or allowed to
be used for the Collectioncollection, storage, keeping, or depositing of unprocessed Waste waste Tirestires.
Waste Tire Facility: means a Site site where more than fifty (50) Waste waste car Tires tires, (25) commercial
truck tires, or (10) tractor tires or an equivalent amount of tire derived products are collected, deposited, stored,
or Processedprocessed. The incidental storage of tire-derived products at the site of final use does not make
the site a Waste waste Tire tire Facilityfacility.
Waste Tire Processing Facility: means a licensed Solid solid Waste waste Management management Facility
facility used for the shredding, slicing, producing, or manufacturing of usable materials, including fuel, from
Waste waste Tires tires including incidental temporary storage activity. Processing does not include the
retreading of Waste waste Tirestires.
Yard Waste: means garden wastes, leaves, lawn cuttings, weeds, and pruning generated at Residential
residential or Commercial commercial Properties.
13
Yard Waste Facility: means a facility used to compost Yard yard Wastewaste.
SECTION 2 RULES, and WORD USAGE
Masculine and Feminine Gender: The masculine gender includes the feminine and neuter genders. Normal Work Days: The days that County county Departments departments are open to the public for business. Singular and Plural: Words used in the singular include the plural, and the plural includes the singular. Tenses: Words used in the present tense include the future.
ARTICLE III GENERAL PROVISIONS
SECTION 1 DEPARTMENT POWERS AND DUTIES
1.1 The Beltrami County county Solid solid Waste waste Department department (Department) shall be responsible for the administration of this Ordinanceordinance. The Department's department's duties shall include, but shall not be limited to, the following:
A. To implement this Ordinance ordinance and review and consider all initial facility license applications
submitted to the Department department for approval by the County county Board board for
performance of Solid solid Waste waste Management management Activities activities within the
Countycounty, and after due consideration, the Department department shall recommend in writing,
with documentation to the County county Boardboard, that a license be granted or denied.
B. To review and consider renewal license applications, except as otherwise provided in this
Ordinanceordinance.
C. To inspect Solid solid Waste waste Management management Activities activities as herein
provided, to investigate complaints, and to identify violations of this Ordinanceordinance.
D. Enforcement: An authorized representative of the Department shall have the power to issue citations for violations of this ordinance, but shall not be permitted to physically arrest or take into custody any violator except on a warrant duly issued by the court.
C.
D.E. To recommend, when necessary, to the County county Attorney's attorney's Officeoffice, that
legal proceedings be initiated against a certain Person person or Solid solid Waste waste
Management management Activity activity to compel compliance with the provisions of this
Ordinance ordinance or to terminate the operation of the same.
14
E.F. To encourage and conduct studies, investigations and research relating to aspects of Solid solid
Waste waste Management management such as methodology, chemical and physical
considerations, and engineering.
F.G. To advise, consult, and cooperate with other governmental agencies in the furtherance of the
purposes of this Ordinanceordinance.
SECTION 2 BOUNDARIES OF SERVICE AREA
Pursuant to Minn. Stat. § 400.08, subd. 2, the County county establishes one Solid solid Waste waste
Management management Service service Areaarea, with its boundaries being coterminous with the
boundaries of the Countycounty, excluding residents and properties within the Red Lake Nation, and
residents and properties that have not been assessed a solid waste fee within the Leech Lake Band of
Ojibwe boundaries..
SECTION 3 HIGHEST STANDARDS PREVAIL
Where the conditions imposed by any provision of this Ordinance ordinance are either more restrictive or
less restrictive than comparable conditions imposed by any other provision of this Ordinance ordinance or
any other applicable law, ordinance, rule and regulation, the provision that establishes the higher
standard for the promotion and protection of the public health, safety and general welfare shall prevail.
SECTION 4 JURISDICTION OF THE SOLID WASTE MANAGEMENT PLAN
Pursuant to Minn. Stat. § 115A.46, subd. 5, a public entity within the County county may not enter into a
binding agreement nor develop nor undertake a Solid solid Waste waste Management management
Activity activity that is inconsistent with the County county Solid solid Waste waste Management
management Plan plan without the express consent of the Countycounty.
SECTION 5 PLANNING & ZONING APPROVAL
Any use of land for Solid solid Waste waste Management management Activities activities within the
County county shall comply with the applicable Zoning requirements of the Ccounty Zoning Oordinances,
or the requirements of applicable municipal land use ordinances.
SECTION 6 WAIVERS OR MODIFICATIONS
Due to the great variability in the types of Solid solid Waste waste and their existing and potential management methods, the Solid solid Waste waste Administrator administrator may in a written approval waive or modify the strict application of the provisions of this Ordinance ordinance by reducing or waiving certain requirements when, in the discretion of the Solid Solid Waste Waste AdministratorAdministrator, such requirements are unnecessary or impractical, provided such a waiver or modification will not endanger the health, safety, and welfare of the public, or the environment. The Department department may impose additional requirements through specific license conditions on a Solid solid Waste waste Management management Activity activity when deemed necessary to protect the health, safety, and welfare of the public, or the environment.
SECTION 7 AGENCY APPROVAL
15
No modification or waiver may be granted if it would result in noncompliance with State state and federal laws, unless such modification or waiver has been granted a variance by the Minnesota Pollution Control Agency (MPCA).
SECTION 8 INDEMNIFICATION
To the fullest extent permitted by law, a Licensee licensee shall indemnify the Countycounty, its officers, employees, agents, and others acting on their behalf, to hold them harmless, and to defend and protect them, from and against any and all loss, damage, liability, cost and expense (specifically including attorneys' fees and other costs and expenses of defense), of any sort whatsoever, based upon, resulting from, or otherwise arising in connection with any actions, claims or proceedings (of any sort and from any source whatsoever) brought, or any loss, damage or injury of any type whatsoever sustained, by reason of any act or omission of a Licensee, its officers, employees or agents, or any other Personperson(s) or entity(ies) for whose acts or omissions a Licensee licensee may be legally responsible, in the performance of any of a Licensee's licensee's obligations (whether expressed or implied) under this Ordinanceordinance.
SECTION 9 FINANCIAL ASSURANCE
A performance bond, letter of credit or other financial assurance consistent with County county policy shall be required prior to issuances of any Licenses licenses to engage in Solid solid Waste waste Management management Activityactivity.
SECTION 10 NO CONSENT
Nothing contained in this Ordinance ordinance shall be deemed to be a consent, license, or permit to locate, construct, operate, or maintain any Solid solid Waste waste Management management Activityactivity, or to carry on any Activity activity prior to issuance of a license, when a license is required hereunder.
SECTION 11 FALSE INFORMATION
Intentional submission of false information shall be deemed a violation of this Ordinanceordinance.
SECTION 12 DATA PRIVACY
The Department department shall require that any data received by the Department department or any entity acting on behalf of the Department department shall be maintained in accordance with the provisions of the Minnesota Government Data Practices Act, Minn. Stat. § Minn. Stat. Ch. 13.
SECTION 13 SEVERABILITY
It is hereby declared to be the intention of the County county Board board that the sections, paragraphs, sentences, clauses and phrases of this Ordinance ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance ordinance shall be declared unconstitutional, invalid or unenforceable, such unconstitutionality, invalidity or unenforceability shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinanceordinance.
ARTICLE IV WASTE ABATEMENT, STORAGE, COLLECTION, PROCESSING, & DISPOSAL
SECTION 1 WASTE ABATEMENT
16
SECTION 1
1.1 Purpose
The purpose of this section is to abate the need for land disposal of Solid solid Waste waste by requiring the source-separation of Yard yard Waste waste to create a beneficial Compost compost product and for recovery of Recyclable recyclable Materials materials to conserve natural resources and meet the Statestate-mandated Recycling recycling goal. This section also requires the delivery of Recyclable recyclable Materials materials to a Recycling recycling fFacility and Yard yard Waste waste to a Yard yard Waste waste Facility when on-site composting is not practiced.
1.2 Prohibition of Yard Waste from the Mixed Municipal Solid Waste Stream; Management of Yard
Waste and Recyclable Materials
Yard Waste shall not be placed in Mixed Municipal Solid Waste. When aggregated for Collectioncollection, Yard yard Waste waste shall be placed in storage containers that are easily distinguishable from Mixed mixed Municipal municipal Solid solid Waste waste storage containers. Once source-separated, Yard yard Waste waste and Recyclable recyclable Materials materials shall not be recombined with Mixed mixed Municipal municipal Solid solid Wastewaste.
1.3 Yard Waste Management:
1.3
Generators must manage Yard Waste by one of the following methods:
A. Mulching it and spreading it on the ground,
B. Composting it on-site; or
C. Transporting it to a permitted Yard Waste Facility, either by Self-Hauling or by contract with a licensed Hauler.
1.4 Recycling
D. Recycling: The recycling requirements of this Ordinance represent the minimum responsibility of Generators and do not limit the type or quantity of Recyclable Materials accepted by Recycling Facilities and Haulers. Generators are encouraged to recycle additional items to achieve and surpass the Recycling goal that is established by the County or State.
1)A. Residential Building Recycling: All Generators in Residential residential Buildings buildings are
encouraged to recycle, either by Selfself-Hauling hauling or by contract with a licensed Haulerhauler: newsprint, glass containers, corrugated cardboard, aluminum cans and aluminum scrapscrap metal. Owners and/or managers of multi-unit Residential residential Buildings buildings who provide for collection of Mixed mixed Municipal municipal Solid solid Waste waste are encouraged central collection locations for Recyclable recyclable Materials materials generated on their premises and must deliver the above listed Recyclable recyclable Materials materials to a Recycling recycling Facility facility either by Selfself-Hauling hauling or by contract with a licensed Haulerhauler.
2)B. Commercial Property Recycling: Owners and/or managers of Commercial commercial Property
property are encouraged to provide central collection locations for Recyclable recyclable Materials materials generated on their premises. Owners and/or managers of Commercial commercial Property property shall ensure delivery of these Recyclable recyclable Materialsmaterials, either by Selfself-Hauling hauling or by contract with a licensed Haulerhauler.
17
E.1.5 Ownership of Yard Waste and Recyclable Materials: All Yard yard Waste waste and Recyclable recyclable Materials materials aggregated and offered for Collection collection shall remain the property and responsibility of the Generator generator until collected by a licensed Hauler hauler or self-hauled to a Yard yard Waste waste Facility facility or Recycling recycling Facility facility within Beltrami County, at which time they shall become the property of the licensed Haulerhauler, Yard yard Waste waste Facility facility or Recycling recycling Facilityfacility, respectively. No Personperson, other than the Generator generator or the designated licensed Haulerhauler, shall take said materials after aggregated for collection.
SECTION 2 DEMOLITION DEBRIS MANAGEMENT
2.1 All structures will be have a pre-demolition inspection checklist filled out, and all problem materials
removed prior to demolition. See (Exhibit IF) for checklist per this ordinance.
2.2 Minnesota Pollutions Control Agency (MPCA) and National Emission Standards or Hazardous Air
Pollutants (NESHAP) require a Prepre-renovation or Demolition demolition Inspection inspection to
include an Asbestos asbestos Inspection inspection for any institutional, commercial, public, industrial or
residential structure, installation or building (This includes any structure or building containing
condominiums or individual dwellings operated as a residential cooperative, but excluding residential
buildings having four or fewer dwelling units). Refer to the MPCA website for the most updated
information.
2.3 Common wastes that must be removed before demolition including but not limited to:
Appliancesappliances, Asbestosasbestos, Electronicselectronics, Environmental environmental and
safety controls, Hazardous hazardous Wastewaste, Leadlead-containing items, Lighting lighting
Componentscomponents, Oilsoils, Refrigerants refrigerants and halons, Solid solid Wastewaste,
Submersible submersible well pumps.
2.4 All demolition Debris debris must be brought to a permitted facility.
2.5 Burnt Demolition demolition Debris debris must be brought to a permitted Lined lined Landfill landfill or a
MPCA Permit permit by- Rule rule Demolition demolition Disposal disposal Facilityfacility. must be filled
out and approved by local and state agencies. ( Land used as Permit permit for by-Rule rule Demolition
demolition Facility facility needs to be recorded on the Property’s property’s Deeddeed).
SECTION 3 STORAGE & COLLECTION
3.1 Purpose
This section governs the storagestorage, Collectioncollection, and Transportation transportation of Solid
solid Waste waste generated within the Countycounty, including but not limited to Mixed mixed Municipal
municipal Solid solid Wastewaste, Yard yard Waste waste and Recyclable recyclable Materialsmaterials.
This section also governs Curbside curbside Collection collection and all Persons persons collecting and
transporting Solid solid Waste waste within the Countycounty.
3.2 Storage
Property owners and managers shall maintain their Open open Areas areas free of Solid solid Waste
waste accumulations unless the Solid solid Waste waste is stored in an acceptable container as specified
in this Ordinanceordinance, or unless otherwise specified by this Ordinanceordinance. Solid Waste waste
18
shall be stored in a manner to prevent the loss of Solid solid Waste waste to the environment and to
preclude the development of vector, odor, and Public public Health health Nuisance nuisance problems.
A. The owner, lessee and occupant of any premises, business establishment or industry shall be
responsible for the satisfactory storage of all solid waste accumulated at that premise, business
establishment, or industry. No building, structure, area, or premise shall be constructed or maintained
for human occupancy, use, or assembly without adequate facilities for sanitary and safe storage,
collection, transportation, and disposal of all solid wastes.
B. Putrescible waste, including but not limited to garbage, shall be stored in:
1) durableDurable, rust-resistant, non-absorbent, water-tight, rodent-proof, easily cleanable containers with close-fitting, fly-tight covers, and having adequate handles to facilitate handling, or
2) Other types of containers acceptable to the solid waste collection service, in compliance with pertinent statutes, Agency agency regulations, and approved by the Solid Waste Administrator. The size and allowable weight of the containers may be determined by the solid waste collection service as approved by the Solid Waste Administrator.
3) Solid waste shall be stored in durable containers or as otherwise provided in this ordinance.
Where putrescible wastes are stored in combination with non-putrescible wastes, containers for
the storage of the mixture shall meet the requirements for putrescible waste containers.
4) Toxic or hazardous wastes shall be stored in durable, leak-proof containers which are labeled with a description of the chemical composition of them substance stored therein. Such wastes shall be stored in a safe location and in compliance with the requirements of pertinent statutes, Agency agency regulations, and this ordinance.
5) Solid waste objects or materials too large or otherwise unsuitable for storage containers shall be stored in a manner which is pollution-free, nuisance-free, and satisfactory to the Solid Waste Administrator.
6) All storage of solid waste shall conform to all pertinent statutes and Agency agency regulations. Nothing in this section shall be construed to permit non-compliance with those statutes and regulations.
C. Construction Sites: Any Solid solid Waste waste generated at Construction construction Sites sites
shall be placed in acceptable containers as specified in this Ordinanceordinance. No burning, burying
or dumping of Solid solid Waste waste generated at Construction construction Sites sites shall occur
at locations other than licensed permitted Solid solid Waste waste Management management
Facilitiesfacilities. Generators of Solid solid Waste waste at Construction construction Sites sites will
ensure the source separation is done on site.
1) Source Separation separation means the following materials will separated on site and stored in
separate containers:
a. Cardboard/Fiber
b. Shingles
c. Concrete
d. Wood/Demolition Debris
19
e. Metal/Wire
f. All other material
D. Junkyards: No person, persons, partnership or corporation shall engage in the business of
construction, establish, maintain or operate a junk yard in Beltrami County without first obtaining a
license from the Beltrami County Board of Commissioners to carry on such operation. (Exhibit MJ)
1) Application for a junkyard operator’s license shall be on forms supplied by the County, along with
required insurance, bonding and license fee to the Solid Waste Administrator.
2) Application for a junkyard operator’s license shall include the following:
a. Name and address of all owners, partnerships and operators.
b. An operation plan which identifies handling and storage procedures for all waste including
special waste.
c. A safety plan which identifies emergency procedures and staff training.
d. A security plan of the property.
e. A plan specifying type and time line for achieving the screening of the site from view.
f. Any other information the County county may deem pertinent in making the determination to
grant or deny the license.
g. Performance Bond
g.h. Liability Insurance
3) No person, partnership or corporation shall operate or cause to be operated or locate any
junkyard on a site, after the date of enactment:
a. within wetland areas
b. within a flood plain
c. within shore land areas
d. with a water table within five (5) feet of the lowest elevation of the site
e. within 1,000 feet of an existing neighboring adjacent dwelling unit at the time of initial
licensing
f. Without effective year around screening of the junkyard operation so as to effectively conceal
it from public view. Planting which will effectively conceal the junkyard from view may be
acceptable provided it is predominantly evergreen and used in conjunction with other
temporary barriers to effectively conceal the site until the plantings provide adequate
screening
4) All materials shall be handled, transported and processed pursuant to applicable state and
federal rule, regulations and best management practices for disposal of all solid or hazardous
wastes or substances.
5) Beltrami County Solid Waste Management Office shall be notified ten (10) days prior to
commencing any crushing operations.
20
6) Any junkyard operation must receive township board approval in those townships that have
adopted land use regulations within Beltrami County. No applications will be considered for action
by the Beltrami County Board of Commissioners unless local authorities with land use regulations
have given approval and signed the application provided by the Countycounty.
7) Temporary crushing operations within Beltrami County County are considered a junkyard
operation and must comply with all requirements of a permanent operation if not operating within
the boundaries of a licensed junkyard.
8) A A person, partnership or corporation that has collector vehicles may maintain up to ten (10)
vehicles, boats, recreation vehicles without a license provided they are effectively concealed from
public view. Vehicles stored in a building do not apply to the total vehicle count..
9) A A body/repair shop that does not qualify as a junkyard. Shall maintain the site in a neat orderly,
non-distracting fashion in areas visible by the public.
10) Any Any person, partnership or corporation that by definition has a junkyard upon notification by
the Solid solid Waste waste Management management Office office shall have ninety (180) days
to effectively conceal the junk or otherwise bring the property into compliance with applicable
rules and regulations or be subject to legal action under this ordinance.
11) Owner Owner of land used primarily for farm/agricultural use are allowed to store usable farm
type machinery outside. Usable Mmachinery shall be stored in a manner which will not create a
hazard to the public health and safety.
12) All All land owners or tenants shall be allowed to store no more than five (5) unlicensed and or
inoperable vehicles outside. Vehicles shall be stored upright and in a manner which will not
create nuisance or a hazard to the public health and safety.
13) UnoccupiedUnoccupied, non-habitable, non-usable, non-livable, discarded, mobile homes,
recreation vehicles, trailers, Semisemi- Trailerstrailers, Storage Containers, or campers. One
such unit is equal to five (5) abandoned motor vehicles.
E. Motor vehicles batteries must be recycled and are considered a hazardous waste.
Motor vehicle batteries must be stored upright in a plastic leak proof containers to prevent damage
and leaking of acid.
F. Used Oil and filters:
A person may not knowingly in accordance to Minnesota Statute §115A.916, place motor oil, brake fluid, power steering fluid, transmission fluid, motor oil filters and motor vehicle antifreeze:
1) in In solid waste or in a solid waste management facility other than a recycling facility or a
household hazardous waste collection facility;
2) in In or on the land, unless approved by the agency:
3) in In or on the waters of the State, in a subsurface sewage treatment system or in a storm water
or waste water collection or treatment system
G. Electronics:
21
1) A A person may not knowingly place in mixed municipal solid waste an electronic product (E-Waste) containing a circuit board or cathode-ray tube (CRT)
2) Electronics Electronics may not be stored for more than one year at a facility.
3) Electronics Electronics must be stored to keep out precipitation and prevent damage and the release of hazardous components.
3.3 Solid Waste Storage Containers
While being accumulated and stored for Collection collection and Transportation transportation to a
licensed Solid solid Waste waste Management management Facilityfacility, Solid solid Waste waste shall
be stored in reusable, covered containers (e.g., cans, dumpsters, compactors, roll-off containers, etc.)
that are rust, impact, vermin, and leak resistant. When aggregated for Collectioncollection, Yard yard
Waste waste and Recyclable recyclable Materials materials shall be placed in storage containers that are
easily distinguishable from Mixed mixed Municipal municipal Ssolid Wwaste storage containers.
Plastic bags designed for collection of manageable quantities of Solid solid Waste waste shall only be
used for temporary storage and may only be placed outdoors for Collection collection no sooner than the
evening prior to the scheduled Collection collection day.
3.4 Mixed Municipal Solid Waste Storage in Vehicles
Mixed Municipal municipal Solid solid Waste waste shall be removed from Hauler hauler Collection
collection or Transportation transportation vehicles at least every forty-eight (48) hours, except when
allowed by the Solid Waste Administrator.
3.5 Collection
Every Constructionconstruction, Commercial commercial and Residential residential Site site in the
Countycounty, except Selfself-Haulershaulers, shall engage a licensed Hauler hauler for the Collection
collection of Solid solid Wastewaste.
A. Collection ChargesVehicles or Containers:
Haulers shall establish charges for the Collection of Mixed Municipal Solid Waste on a volume or
weight basis to provide Generators the financial incentive to reduce their production of Mixed
Municipal Solid Waste.Shall be loaded and moved in covered durable container in such a manner
that the content will not fall, leak, create a nuisance, or spill. If a spillage does occur, the material
shall be picked up immediately by the solid waste hauler and returned to the vehicle of container, and
the area properly cleaned.
B. Curbside Collection:
Licensed Hhaulers must provide curbside services for the Collection collection and Transportation
transportation of Mixed mixed Municipal municipal Solid solid Wastewaste, Recyclables recyclables
and Yard yard Waste waste to those Generators generators wishing to contract for such services.
Generators utilizing the services of a Hauler hauler may place acceptable containers of Mixed
mixed Municipal municipal Solid solid Wastewaste, Recyclable recyclable Materials materials or Yard
yard Waste waste at the curb or Collection collection site no sooner than the evening prior to
22
scheduled Collection collection and Generators generators must remove the empty containers the
same day as Collectioncollection.
C. Secure all Loads:
A Person person who collects or transports Solid solid Waste waste must do so in a safe and
sanitary manner and must secure all loads so as to prevent escape of any waste material.
D. Collection Frequency:
Solid Waste aggregated for Collection collection must be collected regularly to preclude the
development of odor, vector and Public public Health health Nuisance nuisance problems.
Putrescible Materials materials must be collected, at a minimum, every two weeks.
E. Title to Non-Hazardous Mixed Municipal Solid Waste:
Title to non-hazardous Mixed mixed Municipal municipal Solid solid Waste waste shall remain with
the Generator generator until released to a licensed Hauler hauler or by Selfself-Hauling hauling to a
licensed Facilityfacility. In cases where a Generator generator chooses not to utilize a licensed Solid
solid Waste waste Management management Facilityfacility, title to the non-hazardous Mixed mixed
Municipal municipal Solid solid Waste waste and its associated environmental liability shall remain
with the Generatorgenerator.
SECTION 4 PROCESSING & DISPOSAL
4.1 Purpose
This section governs the processing and disposal of Solid solid Waste waste and regulates Solid solid Waste waste accumulations within the Countycounty.
4.2 Yard Waste
A. On-Site Yard Yard Waste Waste Composting
On-site Compost compost Sites sites are allowed if the site is managed in such a manner to prevent annoying odors, Public public Health health Nuisancesnuisances, or unsafe conditions. Compostable organic materials suitable for backyard Compost compost Sites sites include: Yard yard Wastewaste, straw, vegetable and fruit scraps, coffee grounds and filters, and eggshells. The County county accepts the methods and guidelines published by the University of Minnesota Extension Service as suitable for on-site composting. On-site composting that does not comply with these methods and guidelines is not permitted.
B. Permitted Yard Waste Facilities
Yard Waste Facilities located in the Countycounty, except on-site Compost compost Sitessites, shall comply with the License license requirements in this Ordinanceordinance.
4.3 Recyclable Materials
Recycling Facilities facilities must comply with the requirements of Minnesota Rules, Part 7035.2845, as
amended from time to time, and a License license for Recycling recycling Facilities facilities is required by
this Ordinanceordinance. Recycling Facilities facilities must operate in accordance with the provisions
outlined in this Ordinance ordinance and Minnesota rules and Minnesota statutes and regulations.
23
4.4 Mixed Municipal Solid Waste
Generators shall dispose of Mixed mixed Municipal municipal Solid solid Waste waste at a permitted Solid solid Waste waste Management management Facility facility and if the Facility facility is within the Countycounty, licensed by the Countycounty. Generators shall either utilize the Collection collection services of a licensed Hauler hauler or Selfself-Haul haul their own Mixed mixed Municipal municipal Solid solid Waste waste to a licensed and permitted Solid solid Waste waste Management management Facilityfacility. Commercial Licensed licensed Haulershaulers, and Commercial commercial Selfself-Haulers haulers must weight their Mixed mixed Municipal municipal Solid solid Waste waste and submit weights receipts to the Beltrami Solid Waste Department by the 5th of every month, for the preceding month from the Solid solid Waste waste Management management Facility facility utilized.
4.5 Industrial Solid Waste
Generators are responsible for identifying, characterizing and properly managing the Industrial industrial
Solid solid Waste waste that they produce.
4.6 Unacceptable Waste, Problem Materials and Special Waste
A. State and federal laws or regulations prohibit the Processing processing and/or Disposal disposal of
some types of Solid solid Wastewaste. Laws, and Regulations regulations also restrict the Processing
processing of other materials or waste types because they may present an operational hazard to a
Solid solid Waste waste Management management Facilityfacility. Each Solid solid Waste waste
Management management Facility facility shall identify its own list of Unacceptable unacceptable
Wasteswastes, Problem problem Materials materials and Special special Wasteswastes. This list
shall identify which waste types cannot be accepted under any circumstances, as well as those waste
types that may require special handling and/or need approval prior to delivery.
B. This list shall be posted at the Facility facility and a copy provided to the Countycounty. Generators
are responsible for identifying any Unacceptable unacceptable Wastewaste, Problem problem
Materialsmaterials, and/or Special special Wasteswastes, that they produce and for adhering to
Facilityfacility-Specific specific requirements for disposal.
4.7 Delivery of Acceptable Waste
Each Person person shall deliver only Acceptable acceptable Waste waste to a Solid solid Waste waste
Management management Facilityfacility. A Facility facility shall not be required to accept any Solid solid
Waste waste that constitutes Unacceptable unacceptable Waste waste and may, at its discretion, inspect
all vehicles delivering Solid solid Waste waste to determine whether or not the Solid solid Waste waste
contains Unacceptable unacceptable Wastewaste. The obligation of each Person person not to deliver
Unacceptable unacceptable Waste waste to a Facility facility shall not be removed or in any way limited
by an inspection of such Person's person's Solid solid Wastewaste. Notwithstanding any prior acceptance
of such Solid solid Waste waste as Acceptable acceptable Waste waste by a Facilityfacility, if the
Facilityfacility, in the exercise of its reasonable judgment, identifies the presence of Unacceptable
unacceptable Wasteswastes, Problem problem Materialsmaterials, and/or Special special Wasteswastes,
the Facility facility may reject the Solid solid Waste waste and the Person person shall remove the
rejected materials for proper management and Disposal disposal at a permitted Facilityfacility. All costs of
such removal, management, and Disposal disposal shall be borne by the Personperson. Furthermore, if
the presence of Unacceptable unacceptable Wasteswastes, Problem problem Materials materials and/or
Special special Wastes wastes poses immediate operational difficulties for a Facility facility or if the
Person person fails to respond to a removal request, the Facility facility may remove and Dispose dispose
of the Unacceptable unacceptable Wasteswastes, Problem problem Materialsmaterials, and/or Special
24
special Wastes wastes and charge the costs of such removal, Disposal disposal and special handling to
the Personperson.
4.8 Prohibitions
A. Solid Waste Burning:
A. Open Burning burning of Solid solid Waste waste is prohibited by this Ordinanceordinance,
except as if the fire the site, date and time of the fire is specifically authorized by the U.S. Forest
Service or pursuant to Minnesota Statute Chapter 88.
B. On-site Disposal of Solid Waste:
B. It is a violation of this Ordinance ordinance for any Person person to Dispose dispose of Solid
solid Wastewaste, excluding Residential residential Yard yard Wastewaste, on their property without
a permit. The owner of any such Site site shall prevent disposal of Solid solid Waste waste at the Site
site and if necessary take corrective actions to appropriately close and clean-up the Sitesite, as
determined by the County county and/or the Agencyagency. The existence of an unlicensed Solid
solid Waste waste Site site shall be reported to the Solid Waste Administrator upon discovery.
C. Unauthorized Container Use:
It shall be illegal to use another Person's Solid Waste storage container, inspect its contents, or
remove its contents unless provided prior authorization by the owner or lawful custodian of the
container.
D. Littering:
1) It is a violation of this ordinance for a person who unlawfully places any portion of solid waste in or on public or private lands, shore lands, roadways, solid waste transfer sites, or waters is subject to a civil penalty of not less than twice nor more than five times the costs incurred by the County or political subdivision to remove, process, and dispose of the waste.
2) A state agency or political subdivision that incurs costs as described in this section may bring an action to recover the civil penalty, related legal, administrative, and court costs, and damages for injury to or pollution of the lands, shore lands, roadways, infrastructure, or waters where the waste was placed if owned or managed by the entity bringing the action.
ARTICLE V SOLID WASTE MANAGEMENT SERVICE CHARGES
25
The following provisions are enacted pursuant to Minn. Stat. §400.08, which authorizes the County
county to create and to impose Service service Charges charges within the County's jurisdiction for Solid
solid Waste waste Management management Servicesservices. All Service service Charge charge
Payees payees shall pay a service charge for Solid solid Waste waste Management management
Servicesservices. Said service charge shall be in an amount set forth in the Exhibits I and II of this
Ordinancecounty fee schedule.
SECTION 1 PURPOSE AND AUTHORITY
The purpose of this Article article is to establish methods of collection of Service service Charges charges
to fund certain Solid solid Waste waste Management management Services services intended to protect
the public health and welfare and the environment pursuant to State state mandates governing Solid solid
Waste waste Managementmanagement.
SECTION 2 GENERAL SERVICE CHARGE PROVISIONS
2.1 Solid Waste Management Service Charge
A Solid solid Waste waste Management management Service service Charge charge may be imposed
for Solid solid Waste waste Management management Services services provided within the Service
service Areaarea. Generators shall pay the Solid solid Waste waste Management management Service
service Charge charge imposed in the manners set forth herein in amounts as established by the County
county Boardboard. Solid Waste waste Management management Service service Charge charge rates
shall be just and reasonable. A copy of the current rate schedule shall be kept on file in the
Departmentdepartment. In establishing or revising the rate schedule, the County county Board board may
take into account all factors relevant to Solid solid Waste waste Managementmanagement. Such factors
include, but are not limited to: the character, kind and quality of service required to handle Solid solid
Wastewaste; the method of disposition; the number of people served at each place of
Collectioncollection; and all other factors that enter into the cost of providing service including, but not
limited to depreciation and payment of principal and interest on money borrowed by the County county for
the acquisition and betterment of Solid solid Waste waste Management management Facilitiesfacilities;
public education; recycling programs; household hazardous waste management; and Solid solid Waste
waste Management management Facility facility operating costs.
2.2 Procedures for Establishing the Amount of Solid Waste Management Service Charge
The County county Board board shall act to impose and establish the amount of the Solid solid Waste
waste Management management Service service Chargecharge, as well as the method or methods of
collection, by ordinance following a public hearing, and shall state the effective date of the Solid solid
Waste waste Management management Service service Chargecharge.
2.3 Procedures for Adjusting the Amount of Solid Waste Management Service Charge
The Board board may adjust the amount and method or methods of collecting the Solid solid Waste
waste Management management Service service Charge charge by ordinance following a public hearing,
and shall state the effective date of the adjusted Solid solid Waste waste Management management
Service service Chargecharge. There shall be a minimum thirty (30) day period prior to the effective date
of such adjustment. The Beltrami County Board may, by resolution, revise the Solid solid Waste waste
Management management Service service Charge charge when deemed advisable, after public hearing,
upon ten (10) day’s published notice.
2.4 Methods of Billing and Collection
26
The County county may use one or both of the following methods of billing and collecting the Solid solid
Waste waste Management management Service service Chargecharge:
A. A per parcel Service service Charge charge collected through an assessment payable with the real
estate taxes;
B. A Service service Charge charge collected by the Beltrami County Ssolid Wastewaste department
that is based on the amount of Solid solid Waste waste generated and reported by licensed
Haulershaulers.
SECTION 3 RESIDENTIAL PER PARCEL SERVICE CHARGE
3.1 Per Parcel Charges for Residents, or Seasonal Recreational Residents
A. The County Auditor shall each year assess a solid waste management service charge per parcel
payable with real estate taxes. The service charge shall be per the amount listed in Exhibit B for
Residential parcels. On or before October 15th of each year, the County Board shall certify to the
County Auditor all unpaid outstanding per parcel charges and a description of the lands against which
the charges arose. It shall be the duty of the County Auditor, upon order of the County Board, to
extend the assessments with interest rate provided for in Minn. Stat. § 279.03, subd. 1, upon the tax
rolls of the County for the taxes of the year in which the assessment is filed. For each year ending
October 15th, the assessment with interest shall be carried into the tax becoming due and payable in
January of 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 State of
Minnesota. The charges, if not paid, shall become delinquent and be subject to the same penalties
and the same rate of interest as the taxes under the general laws of the state. Unpaid charges on tax
exempt properties may be collected in Small Claims Court or through such other means as may be
approved by the County Attorney.the County’s fee schedule.
B. The residential service charge for seasonal homes, cabins, hunting shacks, and all low-income senior
citizens and low-income disabled, as defined in this Ordinanceordinance, shall be reduced tied to the
rates set forth in the County’s fee schedule.
B.C. Collection of assessment: On or before October 15th of each year, the county board shall certify
to the County Auditor all unpaid outstanding per parcel charges and a description of the lands against
which the charges arose. It shall be the duty of the County Auditor, upon order of the county board, to
extend the assessments with interest rate provided for in Minn. Stat. §279.03, subd. 1, upon the tax
rolls of the county for the taxes of the year in which the assessment is filed. For each year ending
October 15th, the assessment with interest shall be carried into the tax becoming due and payable in
January of 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 State of
Minnesota. The charges, if not paid, shall become delinquent and be subject to the same penalties
and the same rate of interest as the taxes under the general laws of the state. Unpaid charges on tax
exempt properties may be collected in small claims court or through such other means as may be
approved by the County Attorney.Exhibit B of this Ordinance.
SECTION 4 BELTRAMI COUNTY SOLID WASTE: COMMERCIAL SERVICE CHARGE
4.1 Non-Resident/Commercial Service Charge Collection by Beltrami County Solid Waste
27
A. The County Auditor shall each year assess a commercial solid waste management service charge
per parcel payable with real estate taxes. The service charge shall be the minimum (Tier 1) rate per
each commercial establishment per parcel. On or before October 15th of each year, the County
Board shall certify to the County Auditor all unpaid outstanding per parcel charges and a description
of the lands against which the charges arose. It shall be the duty of the County Auditor, upon order of
the County Board, to extend the assessments with interest rate provided for in Minn. Stat. §279.03,
subd. 1, upon the tax rolls of the County for the taxes of the year in which the assessment is filed.
For each year ending October 15th, the assessment with interest shall be carried into the tax
becoming due and payable in January of 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 State of Minnesota. The charges, if not paid, shall become delinquent and be
subject to the same penalties and the same rate of interest as the taxes under the general laws of the
state. Unpaid charges on tax exempt properties may be collected in Small Claims Court or through
such other means as may be approved by the County Attorney.
B. Collection of assessment: On or before October 15th of each year, the county board shall certify to
the County Auditor all unpaid outstanding per parcel charges and a description of the lands against
which the charges arose. It shall be the duty of the County Auditor, upon order of the county board, to
extend the assessments with interest rate provided for in Minn. Stat. §279.03, subd. 1, upon the tax
rolls of the county for the taxes of the year in which the assessment is filed. For each year ending
October 15th, the assessment with interest shall be carried into the tax becoming due and payable in
January of 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 State of
Minnesota. The charges, if not paid, shall become delinquent and be subject to the same penalties
and the same rate of interest as the taxes under the general laws of the state. Unpaid charges on tax
exempt properties may be collected in small claims court or through such other means as may be
approved by the County Attorney.
A.
B.C. As a condition of maintaining a Commercial commercial Hauling hauling Licenselicense, each Hauler hauler shall report each month Solid solid Waste waste weights hauled for all commercial customers to whom they provide Hauler hauler Servicesservices, to the solid waste Beltrami County Solid Wastedepartment according to the provisions established herein.
C.D. The Service service Charge charge is imposed on the amount of Solid solid Waste waste generated annually, in the previous year, and shall be collected by Beltrami Countythe Ssolid Wastewaste department according to (Exhibit H)the County’s fee schedule. of this Ordinance.
D.E. If a Commercial commercial Business business does not pay the Service service Charge charge
directly to Beltrami Countythe Solid Waste Department, Beltrami Countythe Solid Waste Department
may directly bill the owner of the property on which the Solid solid Waste waste was generated, and
assess to the real estate property if unpaid.
E.F. All commercial establishments that claim they generate zero Solid Waste, will still be subject to the
minimum Solid Waste (Tier 1) fee as indicated in (Exhibit Hthe County’s fee schedule), and all other
provisions of this Oordinance.
4.2 Recalculation of Service Charge
28
If the County county determines, after review of the Commercial commercial Hauler hauler weight reports, or upon failure of a Hauler hauler to submit the Commercial commercial Hauler hauler weight reports, that the Hauler hauler has not supplied appropriate information, the County county may recalculate the Service service Charges charges in accordance with this subsection. If the County county finds that the information supplied by the Hauler hauler is inaccurate, incomplete or understated, the County county may determine an appropriate amount for the Service service Charge charge and make the Service service Charge charge due from the Haulerhauler. The County county shall send the Hauler hauler a notice, by U.S. Mail, setting forth the recalculated Service service Charge charge amount. The notice shall include a statement of reasons why the Service service Charge charge has been recalculated. The County county may base the recalculation on information in County county records or on any data currently or previously supplied by the Haulerhauler. The written notice shall be deemed received by the Hauler hauler three (3) days after the date of mailing.
4.3 Examination of Records
The County county or its duly authorized agents shall have the right to examine records, including access
to computer records, maintained by a Haulerhauler. The term "record" shall include, but is not limited to,
all accounts of a Haulerhauler. The County county shall be allowed access at all reasonable times to
inspect and copy at reasonable cost all business records related to a Hauler's hauler's
Collectioncollection, Transportationtransportation, and/or Disposal disposal of Solid solid Waste waste to
the extent necessary to ensure that all Service service Charges charges required to be collected from
Solid solid Waste waste Generators generators have been remitted to the Countycounty. Such records
shall be maintained by the Hauler hauler for no less than six (6) years. Failure to comply with requests for
information may constitute a license to be revoked.
4.4 Late Payment
A late payment penalty in the amount of one and one-half of one percent (1.5%) per month, or the
maximum interest rate allowed by law, shall be imposed upon Service service Charges charges not
collected from the Generator generator by the Solid solid Waste waste department. If Beltrami County
Ssolid Waste waste department fails to collect the Service service Charge charge from the
Generatorgenerator, the Property property Owner owner shall pay the Generator's generator's Service
service Charge charge plus the late payment penalty. The late payment shall be calculated from the date
the Service service Charge charge should have been due.
4.5 Collection Actions
A. Exercise of any remedy under this subsection does not preclude exercise of other remedies.
B. If a Generator generator of Municipal municipal Solid solid Wastewaste, Demolition demolition and
Construction construction Debrisdebris, or material classified as Bypass bypass Municipal municipal
Solid solid Waste waste fails to pay the Service service Charge charge to Beltrami County Solid
Waste Department in a timely manner, the County county may use any available legal remedies to
collect the overdue, unpaid Service service Charges charges from the Generatorgenerator, including,
but not limited to, the process to collect the Service service Charge charge via the property tax
pursuant to 34.1, B. above.
C. If a Commercial commercial Selfself-Hauler hauler fails to pay the Service service Charge charge to
the County county in a timely manner, the County county may use any available legal remedies to
collect the Service service Charge charge from the Selfself-Haulerhauler.
D. Unpaid Service service Charges charges may be collected from tax-exempt properties as otherwise
provided in this Ordinanceordinance.
29
E. Legal action including, but not limited to, Conciliation conciliation Court court may be used to collect
debts owed by parties that are not residents of Beltrami County.
4.6 Right of Appeal
Any Person person or Generator generator aggrieved by a decision of the County county in accordance
with the provisions of this Article article shall have the right to appeal the decision by serving the County
county Board board with a request for hearing. The request for hearing must be received within thirty
(30) days after the Person person or Generator generator receives written notice of the decision. If the
Person person or Generator generator fails to request a hearing within the time prescribed, the Person
person or Generator generator shall forfeit any right to a public hearing. Upon receipt of a written request
for a hearing, the Board board shall follow the hearing procedures set forth in Article VIII, Section 3 of this
ordinance.
4.7 Beltrami County Returned Check/ACH Policy
If a payment instrument used to pay a debt to Beltrami Countythe Ssolid Wastewaste department is
returned for any reason by the Payer’s payer’s financial institution, the following steps will be taken:
A. The Beltrami County Ssolid Waste waste department will attempt to reach the customer by phone to
arrange payment of the debt.
B. If the check writer confirms funds are now available, the check will be presented to the bank for
processing a second time.
C. If the check is returned a second time, a Certified certified Demand demand for Payment payment
letter will be sent, requiring payment of the debt, certified fees, and a $30.00 returned check fee.
D. If payment by cash or bank money order is still not received, the debtor will be sued in Conciliation
conciliation Courtcourt, or the debt inclusive of all NSF Fees fees will be attached to the Payer’s
payer’s real-estate taxes for the next year.
SECTION 5 COMMERICAL SOLID WASTE REGISTRATION
5.1 Solid Waste Registration
A. All Commercial commercial Service service Charge charge Payees payees shall, within thirty (30) days of the establishment of this Ordinanceordinance, or the establishment of a commercial activity, whichever is later, register with the Solid solid Waste waste Directordirector, upon such forms as may be provided by the Solid solid Waste waste Directordirector.
B. Upon the filing of the registration form (Exhibit DC), the Solid solid Waste waste Director director may establish the appropriate classification for such payee, or the payee shall be direct invoiced monthly until the proper classification can be determined. Once determined, the appropriate classification will be set in accordance with (Exhibit H)the County’s fee schedule. The payee may be billed quarterly, or monthly, depending on the classification as contained in (Exhibit H).the County’s fee schedule.
C. In the event that a Commercial commercial establishment fails to register as required by this section, the Solid solid Waste waste Director director shall register and assign a classification from Exhibit IIthe county’s fee schedule to the business. Classification assignment may be by comparisons of like businesses, records of weights at the Transfer transfer Stationstation, or commercial hauler records. Notification of the regulations and the classifications assigned shall be given to the establishment in writing.
30
D. The classification may be changed if, in the opinion of the Solid solid Waste waste Directordirector, the current classification is inconsistent with the amount of Solid solid waste actually being generated by the establishment. A Commercial commercial Service service Fee fee Payee payee may request a change if he/she believes that the current classification is inconsistent with the actual amount of solid waste being generated for the affected property. A Commercial commercial Service service Fee fee Payee payee must submit documentation of collection dates and recorded weights of solid waste collected along with a request for change.
E. If a business is operated from a structure or building separate from the primary residence at a property classified primarily as residential, that business will be required to register as a Commercial commercial entity.
F. your business is a service business where your customers are producing solid waste, you, as the business owner, will be responsible for providing commercial solid waste collection service for those customers.
5.2 Complex, or Multi-Tenant Building, Registration
A. Where there are multiple business offices located in one building, the landlord must register as a Business business Office office Complex complex on such forms as provided by the Solid solid Waste waste Directordirector. At the time of registration, and annually thereafter, the Landlord landlord of a Complex complex will be required to notify the Solid solid Waste waste Director director of all Commercial commercial tenants in the multi-unit building and the corresponding percentage of total building trash generated by each individual business using a shared dumpster.
B. The Complex complex must have Commercial commercial Licensed licensed Solid solid Waste waste Collection collection Service service to provide dates, time and weight of solid waste collection from the business complex.
C. The Complex complex may also require each tenant in their building to hire their own Commercial commercial Licensed licensed Solid solid Waste waste Collection collection Serviceservice.
D. If waste generated by the Complex complex exceeds the combined classifications assigned to all building tenants, the classifications shall be adjusted according to county’s fee schedule. Exhibit II.
E. All offices located in the multi-tenant building are required to submit a Commercial commercial Solid solid Waste waste Registration registration Formform.
F. Once all offices in a multi-tenant complex have registered with the Solid solid Waste waste Directordirector, classifications will be assigned to each individual business based on the percentage of total building waste generated by each individual tenant, in accordance with county’s fee scheduleExhibit II.
G. The Business business Office office Complex complex has the option of paying the Solid solid Waste waste Fees fees for all tenants in the building, or, having each business invoiced directly for their percentage of waste.
5.3 Out of Business
In the event of the transfer of ownership, or the cessation of the operation of a commercial entity, the Service service Charge charge Payee payee shall notify the Solid solid Waste waste Director director in writing within 30 days of the transfer of ownership or cessation of said operation. The Service service Charge charge shall continue until such notification is received.
31
ARTICLE VI HAULER LICENSING PROVISIONS
SECTION 1 LICENSE REQUIRED
1.1 General
A. No Person person may Collectcollect, Transport transport or Dispose dispose of Solid solid Waste
waste generated within the County county except in full compliance with this Ordinance ordinance
after having obtained a license to do so by the Department department as specified in this
Articlearticle. This Article article does not apply to Residential residential SelfHaulersself-haulers
providing the Solid solid Waste waste is not comingled with Commercial commercial Solid solid
Wastewaste; or to the Transportation transportation of Solid solid Waste waste through the
Countycounty.
B. A Designated designated Hauler hauler shall deliver Burnable burnable and Nonnon-Burnable
burnable Mixed MMSWMunicipal Solid Waste to a Polk County Permitted permitted Disposal disposal
Facility facility under that County's county's account, with no fee charged to the Licenseelicensee.
C. Burnable Mixed Municipal Solid WasteMMSW shall not be mixed with the same materials from one or
more other CountiesCounty, unless the MMSW is weighed separately before it becomes mixed.
D. All waste must be delivered to an MPCA Permitted permitted Facility facility and approved by this
department.
E. No other person with a Local local Haulers haulers License license shall deliver Burnable burnable
Mixed MMSWMunicipal Solid Waste to the aforementioned facilities under the County's county's
account.
1.2 Temporary Hauler Permit
A Temporary temporary Hauler hauler Permit permit may be issued by the Department department to a
person for the purpose of providing waste transportation or disposal services in conjunction with a short-
term project. The term of the Temporary temporary Hauler hauler Permit permit shall be limited to 45
days or timeline for the duration of that single project, whichever is less. A temporary permit shall only
allow the person to haul waste materials from that identified project to the permitted disposal facilities
located with-in Beltrami County countyCounty or other designated Permitted permitted site outside the
County county cited in on the application.
1.3 Asbestos Hauling
A Haulers haulers License license for the transportation of solid waste, including any asbestos containing
materials project, is required without regard of the location of the solid waste facility to be utilized.
A. A person who holds a valid Hauler hauler License license may haul asbestos containing materials to
a licensed disposal site without additional licensure, provided they possess the equipment necessary
to comply with applicable local, state and federal regulations.
32
B. A project specific Temporary temporary Hauler hauler Permit permit may be obtained by any
unlicensed person in order to provide solid waste service. The Temporary temporary Hauler hauler
Permit permit for transportation of solid waste, including asbestos containing materials to a permitted
solid waste facility shall be valid for the term stipulated in the license.
C. ADVANCE NOTICE OF ASBESTOS DELIVERY: A 72 hour notice shall be provided to any permitted
disposal facility prior to any asbestos containing material load being accepted. The notice shall be
provided by the person responsible for the disposition of the asbestos material, shall include the
quantity and character of the asbestos load to be disposed of, origin of the material load, and upon
completion of the financial arrangements being made with the County disposal facility.
1.4 Materials Subject to Haulers License or Temporary Hauler
A. PERMIT
Solid Wastes waste for which collection, transportation or disposal shall require a Hauler hauler License
license or Temporary temporary Hauler hauler Permit permit include:
1. Mixed Municipal Solid Waste (MMSW)
2. Industrial Solid Waste
3. Construction and Demolition Materials
4. Source-Separated Compostable Materials
5. Asbestos-Containing Materials
6. Contaminated Soils
B. Specific materials exempted from Hauler hauler License license or Temporary temporary Hauler
hauler Permits permits include:
1. Industrial Byproduct for Land Application
2. Special Waste Materials (Appliances, E-Waste, Tires, HHW, Fluorescent Bulbs, etc.)
3. Special Burns (Pharmaceuticals, Controlled Substance, Special Burns)
4. Yard Waste, Trees, Brush, Stumps.
5. Agricultural Commodities
6. Uncontaminated Earthen Materials
7. Other specific materials exempted by the Administrator
SECTION 2 LICENSE REQUIREMENTS
2.1 Haulers shall comply with the following license requirements.
33
A. License Application: The Hhauler shall submit a completed application to the County county on a
form provided by the Departmentdepartment. (Annex Exhibit FE)
B. License Fees: The Hauler hauler shall pay all license fees to the County county with the License
license application and the license renewal application. The amounts of such license fees and late
fees for submittal of a late application shall be established by 1 October of each year by the County
county Boardboard. No license fee shall be prorated for a portion of a year and no License fee shall
be refunded.
C. Incomplete or Nonnon-Conforming conforming Applicationapplication: An application will be deemed
incomplete if information is omitted, incomplete, inaccurate, or does not comply with the application
requirements, or if the required fees do not accompany the application. If a License license
application is incomplete or otherwise does not conform to the requirements set forth in this
Ordinanceordinance, the Department department shall advise the applicant of the reasons for non-
acceptance and may request that the applicant resubmit, modify, or otherwise alter the application.
D. License Term and Renewal
1. Unless otherwise provided by the County Board, the term of a Hauler License granted pursuant
to the provisions of this Ordinance shall be up to one year but shall expire on December 31 of the
year the license is granted, unless sooner renewed, suspended or revoked.
2. License renewal applications must be submitted to the Department by 15 December of
each year. License renewal applications received after that date shall be subject to a late fee.
E.D. Temporary Hauler Permit Term and Renewal
1. Unless otherwise provided by the Administratoradministrator, the term of a Temporary temporary
Hauler hauler Permit permit granted pursuant to the provisions of this Ordinance ordinance shall
not exceed 45 calendar days from start date listed on the application.
2. The Permit permit shall be for a single project, hauling waste generated from a single location
specified in the application.
3. The Applicant applicant may apply for a Permit permit for more than one project, regardless of
whether the project is consecutive or concurrent.
4. The Permit permit shall not be transferred, conveyed or provide coverage to any other entity
other than the applicant named in the Application - including any subcontractor employed.
5. If the term of a Permit permit extends into the next calendar year, the Permit permit shall be valid
for the term stated in the application.
F.E. Hauler License Term and Renewal
1. Unless otherwise provided by the County Boardadministrator, the term of any Hauler hauler
License license granted pursuant to the provisions of this Ordinance ordinance shall be up to one
year but shall expire on December 31 of the year the license is granted, unless sooner renewed,
suspended or revoked.
34
2. License renewal applications must be submitted to the Department department by December 1st
of each year, unless otherwise specified by the Administrator administrator in writing. License
renewal applications received after that date shall be subject to a late fee.
3. The County Boardsolid waste administrator may continue a License license for a period of time
which extends beyond the normal expiration date upon written notice.
4. A License license may only be continued if the Hauler hauler is in compliance with the terms and
conditions of their license at the time the continuance is granted, and maintains that compliance
throughout the extension term.
5. The County county shall provide a reasonable period of time for an applicant to submit a
completed application for License renewal prior to the expiration of the continued Haulers
hauler’s Licenselicense.
G.F. License Non-Transferable
Licenses granted by the Department department under this Section section are not transferable to
other Personspersons.
H.G. Vehicles Licensed
All vehicles used for the Collection collection and transportation of Solid solid Waste waste in
the County county shall be listed on the license application. The applicant shall specify the
make, model, year, and capacity, in cubic yards, as well as the tare weight of each vehicle. All
vehicles will be Department of Transportation (D.O.T.) certified and a copy of the inspection
will accompany the license application. If a vehicle is put into service during the license year,
the Hauler hauler shall submit the required information for the vehicle to the Department
department and shall not use the vehicle until the Department department has issued a decal and
the decal has been affixed to the vehicles driver’s door window.
SECTION 3 INSURANCE REQUIREMENTS
The Hauler shall obtain, maintain, and submit with the License license application certificates of
insurance issued by insurers duly licensed by the State of Minnesota providing the following coverage, or
a self-insurance plan certified by the Department of Commerce providing equivalent coverage:
3.1 Worker's Compensation Insurance
A. A Worker's worker's compensation insurance shall be in compliance with all applicable State state
Statutesstatutes. Such policy shall include Employer's employer's liability coverage in at least such
amount(s) as are customarily issued in Minnesota and an All all States states or Universal universal
Endorsementendorsement, if applicable.
B. In the event a Licensee licensee is a sole proprietor and has elected not to provide workers'
compensation insurance, the Licensee licensee shall be required to execute and submit to the
Department department an affidavit of sole proprietorship in a form acceptable to the
Departmentdepartment.
3.2 General Liability
35
A. A Commercial commercial General general Liability liability Coveragecoverage, providing coverage
on an "occurrence", rather than on a "claims made" basis, which policy shall include, but shall not be
limited to, coverage for bodily injury, property damage, personal injury, contractual liability (applying
to this contract), independent Licenseeslicensees, "XC&U" and products-completed operations
liability (if applicable). Such coverage may be provided under an equivalent policy form (or forms), so
long as such equivalent form (or forms) affords coverage that is at least as broad. An Insurance
insurance Services services Office office "Comprehensive General Liability" policy that includes a
"Broad Form Endorsement", shall be considered to be an acceptable equivalent policy form.
B. The Licensee licensee shall maintain at all times during the period of the license a total combined
general liability policy limit of at least $1,000,000 for each occurrence and $2,000,000 aggregate,
applying to liability for bodily injury, personal injury, and property damage, which total limit may be
satisfied by the limit afforded under its "Commercial General Liability" policy, or equivalent policy, or
by such policy in combination with the limits afforded by an "Umbrella" or "Excess Liability" policy (or
policies), provided, that the coverage afforded under any such "Umbrella" or "Excess Liability" policy
is at least as broad as that afforded by the underlying "Commercial General Liability" policy (or
equivalent underlying policy).
C. Such commercial general liability policy and "Umbrella" or "Excess Liability" policy (or policies) may
provide aggregate limits for some or all of the coverage afforded there under, so long as such
aggregate limits have not, as of the beginning of the term or at any time during the term, been
reduced to less than the total required limits stated above, and further, that the "Umbrella" or
"Excess Liability" policy provides coverage from the point that such aggregate limits in the underlying
comprehensive general liability policy become reduced or exhausted.
3.3 Automobile Liability
Business Automobile automobile liability insurance shall be obtained and shall cover liability for bodily
injury and property damage arising out of the ownership, use, maintenance, or operation of all owned,
non-owned and hired automobiles and other motor vehicles utilized by the Licensee licensee in
connection with performance under this license agreement. Such policy shall provide total liability limits
for combined bodily injury and/or property damage in the amount of at least $1,000,000 per accident,
which total limits may be satisfied by the limits afforded under such policy, or by such policy in
combination with the limits afforded by an "Umbrella" or "Excess Liability" policy(ies), provided, that the
coverage afforded under any such "Umbrella" or "Excess Liability" policy(ies) shall be at least as broad
with respect to such business automobile liability insurance as that afforded by the underlying policy.
Unless included within the scope of the Licensee's commercial general liability policy, such business
automobile liability policy shall also include coverage for motor vehicle liability assumed under contract.
3.4 Additional Insurance
The County may require a Licensee to undertake an annual insurance evaluation, conducted by an
independent evaluator selected by the County, which evaluator shall be reasonably acceptable to
Licensee. The County may, at any time during the period of the license, require that Licensee secure any
additional insurance, or additional feature to existing insurance, as is recommended by such evaluation
as reasonably required for the protection of the County's interests or those of the public.
3.5 Evidence of Insurance
A Licensee licensee shall promptly provide the Department department with evidence that the insurance
coverage required hereunder is in full force and effect at least twenty (20) dayson the day the license
application submitted prior to the granting of a license by the County Boardadministrator. At least thirty
(30) days prior to termination of any such coverage, Licensee licensee shall provide the Department
36
department with evidence that such coverage will be renewed or replaced upon termination with
insurance that complies with these provisions. Such evidence of insurance shall be in the form of a
"Certificate of Insurance", or in such other form as the Department department may reasonably request,
and shall contain sufficient information to allow the Department department to determine whether there is
compliance with these provisions. At the request of the Departmentdepartment, the Licensee licensee
shall, in addition to providing such evidence of insurance, promptly furnish the Department department
with a complete (and if so requested, insurer-certified) copy of each insurance policy intended to provide
coverage required hereunder. All such policies shall be endorsed to require that the insurer provide at
least a sixty (60) day notice to the Department department prior to the effective date of policy
cancellation, non-renewal, or material adverse change in coverage terms. The Licensee's licensee's
insurance agent shall certify on the certificate of insurance, that he/she has error and omissions
coverage.
3.6 Insurer Policies
All policies of insurance required by this Ordinance ordinance shall be issued by financially responsible
insurers licensed to do business in the State of Minnesota, and all such insurers must be acceptable to
the Departmentdepartment. Such acceptance shall not be unreasonably withheld or delayed. An insurer
with a current A.M. Best Company rating of at least A: VII+/- shall be conclusively deemed to be
acceptable. In all other instances, the Department department shall have twenty ten (2010) business
days from the date of receipt of a Licensee's licensee's evidence of insurance to advise the Licensee
licensee in writing of any insurer that is not acceptable to the Countycounty. If the Department
department does not respond in writing within such twenty ten (2010) day period, the Licensee's
licensee's insurer(s) shall be deemed to be acceptable to the Countycounty.
3.7 Loss Information
At the request of the Departmentdepartment, the Licensee licensee shall promptly furnish loss
information concerning all liability claims brought against a Licensee licensee (or any other Insured
insured under Licensee's licensee's required policies) that may affect the amount of liability insurance
available for the benefit and protection of the County county under this Ordinanceordinance. Such loss
information shall include such specifics and be in such form as the Department department may
reasonably require.
SECTION 4 EQUIPMENT & OPERATIONS REQUIREMENTS
4.1 Equipment Requirements
All Solid solid Waste waste Collection collection and Transportation transportation vehicles shall be easily
cleanable, leak-proof, and be covered with metal, canvas, or a fishnet type material while in transit.
Vehicles used to collect commercial solid waste will be equipped with on-board scales, and verified yearly
that they are operational.
4.2 Maintenance
The Licensee licensee shall maintain all Solid solid Waste waste Collection collection and Transportation
transportation vehicles in a safe and sanitary manner, and provide brooms and shovels on each vehicle
for the purpose of cleaning up spilled material. All safety equipment including, but not limited to, horns,
lights, fire extinguisher, and reflectors shall be operable.
37
4.3 Labeling
A. Each vehicle used by a Hauler hauler for the Collection collection or Transportation transportation of
Solid solid Waste waste shall be identified by a license decal issued by the Department department
for that vehicle for the current license year. The Hauler hauler must permanently affix the decal
Driver’s driver’s Door door window of the vehicle for which it was issued. The Hauler 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. Vehicles used exclusively for collecting Source
source Separated separated Recyclable recyclable Materials materials or hauling processed
Recyclable recyclable Materials materials to market need not have a license decal, but the Hauler
hauler must be licensed by the Departmentdepartment.
B. The Hauler hauler shall also print or paint in-legible characters the capacity of each vehicle, and the
name, address, and telephone number of the Hauler hauler on each side of all vehicles or containers
used by the Hauler hauler to store, collect or transport Solid solid Waste waste in the Countycounty.
Letters and numbers shall be at least four (4) inches high for all vehicles and at least two (2) inches
high for all containers. This provision shall not apply to containers owned and maintained by a Solid
solid Waste waste Generatorgenerator.
4.4 Inspection
The Department department may inspect and approve all Solid solid Waste waste Collection collection
and transportation vehicles, scales, equipment and containers utilized to provide service in the
Countycounty.
4.5 Storage
The Licensee licensee shall not allow Solid solid Waste waste to remain or be stored in any Collection
collection or Transportation transportation vehicle, including roll-offs and other detachable containers, in
excess of forty-eight (48) hours, except in the event of an emergency such as inclement weather,
equipment breakdown or accident. Any storage of Solid solid Waste waste in containers must be done
with a water impermeable cover.
4.6 Protecting Private Property
The Licensee shall take reasonable care to protect the property of customers being served. The Licensee
licensee shall be responsible for any damage or spillage of Solid solid Waste waste as a result of the
Licensee licensee or the Licensee's licensee's employees or agent's actions.
4.7 Smoking, Smoldering or Burning Solid Waste
The Licensee licensee may not collect or transport Solid solid Waste waste that are smoking, smoldering,
or burning.
4.8 Dumping in an Emergency
38
The Licensee licensee shall be responsible for the cleanup of any Solid solid Waste waste that must be
dumped in an emergency. The operator of the vehicle shall immediately notify the Department
department and the appropriate law enforcement agency and emergency service of such emergency
dumping and clean up the area within a time limit set by the Departmentdepartment.
4.9 Hours of Operation
The Licensee licensee may not collect or transport Solid solid Waste waste from Residential residential
Property property or Residential residential Buildings buildings before 6:00 a.m. or after 9:00 p.m.
4.10 Yard Waste Collection
A. Haulers shall only accept for Collection collection Yard yard Waste waste that meets the following
criteria:
B.1. Has
been placed in paper bags or other containers that will decompose within the time period it takes
to produce a finished Compost compost product out of the material held by the container; or
C.2. Is in a container that is not collected with the Yard yard Wastewaste.
4.11 Prohibited Wastes
A. Haulers shall not accept for Collection collection in the County county any Mixed Municipal Solid WasteMMSW that contains Yard yard Wastewaste, Christmas Christmas trees, dry cell batteries (as prohibited by Minn. Stat. §115A.9115), Solid solid Wastes wastes containing mercury (as prohibited by Minn. Stat. §115A.932), motor vehicle fluids and filters (as prohibited in Minn. Stat. §115A.916), or any material that has been banned from Solid solid Waste waste or Mixed Municipal Solid WasteMMSW by any State state statute. Banned items include, but are not limited to, electronics (anything with a circuit board, “E-Waste”), Waste waste Tirestires, Major major Appliances, Demolition demolition Debrisdebris, telephone directories, and Medical medical Wastewaste.
B. All loads of MSW brought in by anyone to the Bemidji Transfer Station to a county waste facility shall be subject to inspection while unloading as well as after leaving the facility. Should unacceptable materials be discovered on the tip floor, the first time the party will receive a written warning letter which shall state date, time and what unacceptable material was found, and how to dispose of it in the future..
C. The second time anyone hauls in unacceptable materials after having been given a written warning shall be sent a violation notice. The violation notice will state, date, time and identify unacceptable materials found in the load. The personparty hauling in a second load shall be held fully responsible for all expenses involved in the proper handling and disposal of all identified unacceptable material items brought into the facility.
D. The third time anyone who hauls unacceptable materials into the facility and has been given a violation notice for such shall have their load thoroughly inspected before or after dumping on the tip floor of the facility. The party hauling in a third load shall be held fully responsible for all expenses involved in the proper handling and disposal of all identified unacceptable material items brought into the facility. All employee time shall be billed to the hauler to offset any and all cost in removal, proper handling and disposal of unacceptable materials brought into the facility for disposal. This may also result in the revoking of any future rights to haul into this facility.
39
D.
4.12 Mixing of Mixed Municipal Solid Waste and Recyclables Prohibited
Haulers shall not mix Source source Separated separated Recyclable recyclable Materials materials with
Mixed Municipal Solid WasteMMSW or handle Sourcesource-Separated separated Recyclable recyclable
Materials materials in any way that reduces the reusability or marketability of the Source source
Separated separated Recyclable recyclable Materialsmaterials.
4.13 Providing Recycling Opportunities
At least once each year licensed Haulers haulers shall provide specific information concerning Recycling
recycling Opportunities opportunities available to their customers.
4.14 Hauler-Imposed Collection Fees
A. A HaulerHauler-imposed fees for the Collection collection of Mixed Municipal Solid WasteMMSW in
the County county shall increase with the volume or frequency of the waste collected.
B. Haulers of Mixed Municipal Solid WasteMMSW in the County county are prohibited from imposing a
greater Collection collection fee on residents who recycle than on residents, who do not recycle.
C. Haulers of Mixed Municipal Solid WasteMMSW in the County county may charge additional fees for
the collection of bulky items.
D. If collection of Yard yard Waste waste is provided, the Haulerhauler-imposed fee for such Collection collection must be indicated as a separate line item on a customer's bill.
E. If collection of Source source Separated separated Organic organic Material material is provided, the
Haulerhauler-imposed fee for such collection must be indicated as a separate line item on a
customers' bill. The fees charged shall increase with the volume or weight of the waste collected.
F. If collection of Special special Solid solid Wastes wastes is provided, the Haulerhauler-imposed fee for such collection must be indicated as a separate line item on a customer's bill.
SECTION 5 REPORTING REQUIRED
A Hauler hauler must keep records and report to the Department department information relating to the
Collectioncollection, Processing processing and Disposal disposal of Solid solid Waste waste collected by
the Haulerhauler. The information shall be reported to the Department department either on a monthly
basis (NLT 5 business days of the next month) or yearly basis (NLT 15 February of the following year).
5.1 Temporary Permit Reporting:
A. The permittee shall report within fifteen (15) calendar days upon completion or expiration of a
Temporary temporary Permitpermit, whichever occurs first, the following information:
B.1. Location at which the waste was generated
C.2. Type(s) of materials hauled
40
D.3. Location(s) of disposal facilities in which materials from project
were hauled
E.4. Physical address and permit number of each disposal facility used
F.5. Quantity of material(s) hauled to each disposal facility
5.2 Local Hauler Reporting
A. Residential Reporting for waste collection routes, tThe Licensee licensee shall report annually the
following information related to their commercial, Residential residential, and Multimulti-Residential
residential Accountsaccounts:
B.1. Map showing the residential/multi-residential area serviced by
each collection vehicle
C.2. The day each vehicle services each route
D.3. Copy of the most recent Residential Bill bill sent out to all
customers in compliance with the waste deposit disclosure
E.4. The disposal destination of each vehicle
F.5. Upon request, the address, weight and/or volume and contact
information for any Residential or Multi-residential AccountTotal waste collected by type .
5.3 Commercial Site Reporting
A. Waste collection routes, the Licensee licensee shall report annually monthly the following information
related to their Commercial commercial accounts:
1. Business name, and physical location of each account
B. Map showing the Commercial area serviced by each collection vehicle
C. The day each vehicleaccount was serviced services each route
D. Copy of the most recent Commercial Bill sent out to all customers in compliance with the waste
deposit disclosure
E. The disposal destination of each vehicle
F.2. The physical location of each account
G. The size of the container serviced
H. The frequency of service provided
I.3. The average weight and/or volume of waste per week collected
41
5.4 Changes
A. Waste Collection collection Routesroutes, the Licensee licensee shall immediately report to the Department department any change in status of a commercial account, including:
B.1. New account
C.2. Discontinuation of Accountaccount
D.3. Change (increase or decrease) in Account account activity
E.4. Account change in physical location
5.5 On-Call Service Reporting
A. For waste collection service that is on-call, by project or on-demand, the Licensee shall report to the department the following information:
B. For waste disposed of at a Beltrami County waste disposal facility (Transfer Station, Demolition Landfill) the following shall be reported:
1. the account name and physical address of each Account Served
2. the total annual waste weight and/or volume, by type, of each Account
C.A. For waste disposed of at a Non-Beltrami County waste disposal facilities, tThe licensee shall report to the Department department within 5 days of the end of each month the following information:
1. the name, physical address from which service was provided and contact information for the
account served
2. dates of service and waste disposal destination for each load
3. total monthly weight and/or volume, by type, of waste hauled for each account
4. copy of an invoice for each customer which complies with the waste deposit disclosure
5.4. copy of an invoice A statement that which shows theverifies
appropriate MN State tax or surcharge for both service and disposal has been collected, and
remitted to the MN Department of Revenue
6. statement on monthly report that Licensee has remitted the appropriate MN State tax or surcharge collected from the customer to the MN Department of Revenue
SECTION 6 ADDITIONAL RECYCLABLE MATERIALS REPORTING REQUIREMENTS
In addition to the Solid solid Waste waste reporting requirements in Section section 5.0, the Collection of
Recyclable Materials are subject to the following requirements.
6.1 Weight of Individual Recyclable Materials
42
A. The Hauler hauler shall maintain a record of the weight of Recyclable recyclable Materials materials
collected in Beltrami Beltrami Countycounty, the report shall be the sum of (all) residential accounts,
and (each) commercial account, for each of the following Recyclable recyclable Materialsmaterials:
Single single Stream stream Recyclingrecycling, Major major Appliancesappliances, scrap metal,
Paintpaint, Florescent florescent Light light Bulbs bulbs & Ballastsballasts, electronics (E-Waste),
batteries, Petroleum petroleum Productsproducts, concrete, shingles, and additional materials as
from time to time mandated by the County county Boardboard, or State of Minnesota.
B. Market Identification identification of Recyclable recyclable Materialsmaterials. The Hauler hauler
shall maintain a record of the destination of all recyclable materials managed for each account
annually as part of the Hauler's hauler's License license application. The Hauler hauler shall report
the weight or volume of recyclables collected, by material type and by account served, and indicate
which market was used for each material type. Recyclable material destinations shall be reported to
the Solid solid Waste waste Department department using the markets legal trade name, physical
address materials were transported to, and market contact information.
C. Yearly Recyclable recyclable Material material Data data will be reported on a yearly report (Annex Exhibit LK) to this department that is due by January 31st for the preceding year’s total.
SECTION 7 WASTE DEPOSIT DISCLOSURE
7.1 Disclosure Required
A. At least annually between January 1 and March 31, a Hauler hauler who collects Construction construction and Demolition demolition Debrisdebris, Industrial industrial Solid solid Wastewaste, or Mixed Municipal Solid WasteMMSW Generated generated in the County county for transportation to a Solid solid Waste waste Management management Facility facility shall disclose in writing to each Generatorgenerator, and this Department department from whom such waste is collected the name, location, and type of, and the number of the permit issued by the Minnesota Pollution Control Agency, or its counterpart in another State, if applicable, for the Solid solid Waste waste Management management Facilityfacility, excluding Transfer transfer Stationsstations, at which the waste will be deposited. The Hauler hauler shall state the approximate percentage of waste deposited at each facility used for the type of Solid solid Waste waste collected from the Generator generator in the County county and any alternative Solid solid Waste waste Management management Facility facility regularly used by the Hauler hauler for the type of Solid solid Waste waste collected from the Generator generator in the Countycounty.
B. All disclosures must include the following statement: "You may be responsible for any liability that
results from contamination at a facility where your waste has been deposited”. Minnesota
believes that its waste management system provides substantially more financial and environmental
protection than depositing waste in landfills in other states. Managing your waste in Minnesota may
minimize your potential liability."
7.2 Form of Disclosure
A. A Hauler hauler shall make the disclosure to the Generator generator in writing at least once a year between January 1 and March 31 and on any written contract for Collection collection services for that year. The written disclosure must include all of the information described in Section 11.01.
B. If an additional facility becomes either a primary facility or an alternative facility during the year, the Hauler hauler shall make the disclosure set forth in Section 11 within thirty (30) days. A Municipality municipality that collects Solid solid Waste waste without direct charges to Generators generators shall make the disclosure on any statement that includes a Solid solid Waste waste Management management Charge charge for Solid solid Waste waste Management management
43
Servicesservices, provided that, at a minimum, disclosure to Generators generators must be made at least once annually in writing.
7.3 Hauling to Transfer Stations
If a Hauler hauler deposits Solid solid Waste waste at a Transfer transfer Stationstation, the Hauler hauler need not disclose the name and location of the Transfer transfer Station station to the Generator generator but must disclose the disposal site that receives the waste when it leaves the Transfer transfer Stationstation.
SECTION 8 SOLID WASTE HAULER RECORDS
8.1 Retention
A Hauler hauler shall keep records of the following information for at least 5 6 years. For purposes of this Ordinanceordinance, "origin" means a general geographic description that at a minimum names the local governmental unit within the Countycounty. "Type" means a best estimate of the percentage of each truckload that consists of residential, commercial, industrial, construction and demolition debris or any other general type of Solid solid Wastewaste.
8.2 Types and Quantities of Solid Waste
A Hauler hauler shall maintain records regarding the volume or weight, type(s) and origin(s) of Solid solid Waste waste collected. For each vehicle, the Hauler hauler shall keep a daily record of the origin(s), type(s), and weight of the waste collected that day, and the identity of the Solid solid Waste waste Management management Facility facility at which collected waste is deposited. If the waste is measured by volume at the Solid solid Waste waste Facility facility at which it is deposited, the record may indicate the volume rather than the weight of the waste.
8.3 Number of Residential and Commercial Accounts
The Hauler hauler shall maintain a record of the number of Residential residential and Commercial
commercial accounts serviced in each geographic origin. For reporting purposes, units in Multimulti-Unit
unit Residential residential Buildings buildings shall be considered residential accounts, and each
individual unit shall be reported as a separate account.
8.4 Total Weight of Solid Waste
The Hauler hauler shall maintain a record of the total weight of all Solid solid Waste waste collected from
Residential residential accounts and Commercial commercial accounts for each geographic region. The
weight of the Solid solid Waste waste collected shall be reported and documented by scale or other
County county approved documentation method.
8.5 Management of Solid Waste
The Hauler hauler shall maintain a record of the location(s) where Solid solid Waste waste was delivered,
deposited, processed, or marketed and the total amount of waste delivered to each Solid solid Waste
waste Management management Facility facility or other location.
SECTION 9 COUNTY OR MUNICIPAL HAULER CONTRACTS
County Contracts. The County county may contract with commercial haulers for the provision of
collection and transportation services in the Countycounty. Such contracts may designate disposal at
certain solid waste facilities as a requirement of the license.
44
ARTICLE VII FACILITY REQUIREMENTS AND LICENSES
SECTION 1 LICENSES REQUIRED
It is unlawful for any Person person to establish, operate, or maintain a Solid solid Waste waste
Management management Facility facility without a license from the Countycounty and/or the state.. No
Person person shall cause, permit, or allow land or property under that Person's person's control to be used
for Solid solid Waste waste Processingprocessing, Disposal disposal or Transfer transfer Station station
purposes, except at a Site site that complies with all County county ordinances, regulations, local,
Statestate, and federal guidelines, statutes, rules and regulations.
1.1 Disposal of Solid Waste
No Person person shall make nor allow land or property under their control to be used for Disposal
disposal of any Solid solid Waste unless it is a Solid Waste Management Facility for which a license has
been issued by the County county Board board or renewed by the Departmentdepartment, unless
otherwise provided by this Ordinanceordinance. No Person person shall dispose of any Solid solid Waste
waste on any land or property, unless the County county has issued a Solid solid Waste waste
Management management Facility facility license for that land or property.
1.2 Facility Licenses
A. The following types non county operated of Facilities facilities shall obtain a Solid solid Waste waste
Management management Facility facility License license from the Countycounty:
B.1. A Solid Waste Land Disposal Facilities
C.2. Construction and Demolition Debris Land Disposal Facilities
D.3. Industrial Solid Waste Land Disposal Facilities
E.4. Transfer Stations
F.5. Solid Waste Processing Facilities
45
G.6. Waste Tire Facilities
H.7. Junkyards/Salvage Yards
SECTION 2 FACILITY LICENSE FEES
Facility License license fees shall be determined by the Department department and approved by the
County county Boardboard. License fees (Exhibit A) shall be established each year for the subsequent
calendar year. The Department shall collect license fees per (Exhibit A).the county fee schedule.
SECTION 3 LICENSE REQUIREMENTS
An application for a License license or License license renewal shall be made to the Department
department on forms furnished by the Departmentdepartment. The application shall not be considered
complete until the Department department has received all information, materials, plans, Financial
financial Assuranceassurance, certificates of insurance, and fees required under this
Ordinanceordinance. Unless otherwise provided by the County county Boardboard, each License license
granted pursuant to the provisions of this Ordinance ordinance shall expire annually unless sooner
revoked.
3.1 Financial Assurance
The County county Board board may require Financial financial Assurance assurance to ensure: Operational operational Compliance compliance to ensure reasonable and necessary response during the operating life of the facility, Closure closure Costscosts, and Post post Closure closure Costs costs that as appropriate for any or all of those Solid solid Waste waste Management management Facilities facilities listed in Article VIII, Section 1.2, based on their size, operating life, operational practices, and types of waste accepted.
3.2 Planning and Zoning Approval
Any use of land for Solid solid Waste waste Management management Facilities facilities within the
County county shall comply with the applicable zoning requirements of the any Ccounty Zoning
Ordinanceordinance, or the zoning requirements of municipalities, if applicable.
3.3 Application Requirements
A. The application for initial License shall include:
B.1. A complete copy of the permit application submitted to the MPCA, including a set of
complete plans, specifications, design data, and ultimate land use; and
C.2. A land use permit as required by the County Zoning Ordinanceif required by any county
ordinance or the zoning authority having jurisdiction over the proposed site; and
D.3. A written statement of how the proposed facility is consistent with the County county
Solid solid Waste waste Management management Plan plan and current Agency agency
Certificate certificate of Need need (CON), if applicable; and
46
E.4. An application fee as established by the County county Boardboard; and
F.5. The License license application shall include two sets of complete plans, specifications,
design data, ultimate land use plan if applicable, proposed operating procedures and such other
information as may be required by the Countycounty, all prepared by a professional engineer
registered in Minnesota.
3.4 Licensed Facilities
A copy of that application and all supporting documentation must be submitted to the county and
follow any county requirements required by this ordinance, prior to submitting the application for renewal
or modification for an agency permit.
3.5 License Holder
At any time the Licensee submits an application for renewal or modification of their Agency permit, a copy
of that application and all supporting documentation must be submitted to the County and the process for
License renewal shall be followed.
3.5 License Holder
In each application for a Solid solid Waste waste Management management Facility facility
Licenselicense, the Owner owner and Operator operator shall be named as the proposed
Licenseeslicensees. Co-Licensees licensees are jointly and severally liable for Ordinance ordinance
violations.
SECTION 4 REVIEW OF FACILITY LICENSE APPLICATION
After receiving a complete License license application that includes all required information, the County
county shall have 60 days to either grant or deny the Licenselicense. If any applicant is denied a
Licenselicense, the applicant shall be notified in writing by the County county of the reasons for the denial
of the Licenselicense. A denial shall be without prejudice to the applicant's right to an appearance before
the County county Board board or for filing a further application after revisions are made to meet
objections specified as reasons for the denial.
4.1 Operational Conditions
The Licensee licensee shall comply with the operational conditions stated in the application as approved
by the Countycounty. Failure of the Licensee licensee to comply with such operational conditions is a
violation of this Ordinance ordinance and the Licensee licensee is subject to the penalties provided
herein.
4.2 Contingent License/Special Conditions
A License license may be granted that is contingent upon compliance with special conditions specified in
the Licenselicense. Such conditions, if any, shall be designed to promote the health, welfare and safety of
the public pursuant to this Ordinanceordinance. Failure of the Licensee licensee to comply with such
special conditions is a violation of this Ordinance ordinance and is subject to the penalties provided
herein.
47
4.3 Sequencing
No License license application will be considered until written proof that the local governing body, if
applicable, has considered the establishment of the Facility facility and the results of that consideration
are provided to the Departmentdepartment.
SECTION 5 TERM OF FACILITY LICENSE; RENEWAL; LICENSE NOT TRANSFERABLE
The term and renewal of Solid solid Waste waste Management management Facility facility Licenses
licenses are governed by this section.
5.1 Term of License
Unless otherwise provided by the County county Boardboard, the term of a Solid solid Waste waste
Management management Facility facility License license granted pursuant to the provisions of this
Ordinance ordinance shall be for up to one year but shall expire on December 31 of the year the License
license is granted, unless sooner renewed, suspended or revoked.
5.2 Renewal of License
Application for renewal of a License license shall be made in writing to the Department department by September 1st of the expiration year and shall be signed by an individual authorized to act on behalf of and bind the Licensee. Application for a License license renewal shall contain a statement of any changes in the information submitted from the last approved License application. Application for a License license renewal shall contain reports required by the Ordinanceordinance. If applicable, the Licensee licensee shall submit Financial financial Assurance assurance information including the Financial financial Assurance assurance mechanism used, the amount of bond or letter of credit, cash on deposit, amount in a depository account or trust account and other information requested on a form provided by the Departmentdepartment. Failure to submit such information is grounds for revocation or for not granting renewal of the License license by the County county Boardboard. If there are no changes in Financial financial Assuranceassurance, it shall be so stated in the renewal application.
5.3 License Not Transferable
Any license obtained under this Ordinance ordinance shall be nontransferable. Licenses issued to corporations, partnerships or associations shall be valid only so long as there is no change in the ownership. Corporations, partnerships or associations holding licenses shall submit written notice to the Solid solid Waste waste Department department of any such changes in ownership on or before thirty (30) days prior to the effective date of any such change. In the case of a corporation, the Licensee licensee shall notify the Department department when a Person person or entity not listed in the application acquires an interest, and shall give all information about such Person person as is required pursuant to the provisions of this Articlearticle.
SECTION 6 INSURANCE REQUIREMENTS
A Solid solid Waste waste Management management Facility facility Licensee licensee shall provide and maintain at all times during the term of the License license such insurance coverage as set forth in this Sectionsection, and otherwise comply with the provisions that follow. Such policy(ies) of insurance shall apply to the extent of, but not as a limitation upon or in satisfaction of, the license indemnity provisions. The provisions of this Section section shall also apply to all subcontractors, and independent contractors engaged by the Licensee licensee with respect to the license. The Licensee licensee shall be entirely responsible for securing the compliance of all such Persons persons or parties with these provisions.
48
6.1 Worker's Compensation Insurance
A. Worker's compensation insurance shall be in compliance with all applicable State state
Statutesstatutes. Such policy shall include employer's liability coverage in at least such amount(s) as
are customarily issued in Minnesota and an All all States states or Universal universal
Endorsementendorsement, if applicable.
B. In the event a Licensee licensee is a sole proprietor and has elected not to provide workers'
compensation insurance, the Licensee licensee shall be required to execute and submit to the
Department department an affidavit of sole proprietorship in a form acceptable to the
Departmentdepartment.
6.2 General Liability
A. Commercial General general Liability liability Coverage coverage (Insurance Services Office form
Form titleTitle), providing coverage on an "occurrence", rather than on a "claims made" basis, which
policy shall include, but shall not be limited to, coverage for bodily injury, property damage, personal
injury, contractual liability (applying to this contract), independent Licensees, "XC&U" and products-
completed operations liability (if applicable). Such coverage may be provided under an equivalent
policy form (or forms), so long as such equivalent form (or forms) affords coverage that is at least as
broad. An Insurance insurance Services Office "Comprehensive General Liability" policy that includes
a "Broad Form Endorsement", GL 0404 (Insurance Services Office designation) shall be considered
to be an acceptable equivalent policy form.
B. The Licensee shall maintain at all times during the period of the license a total combined general
liability policy limit of at least $1,000,000 for each occurrence and $2,000,000 aggregate, applying to
liability for bodily injury, personal injury, and property damage, which total limit may be satisfied by
the limit afforded under its "Commercial General Liability" policy, or equivalent policy, or by such
policy in combination with the limits afforded by an "Umbrella" or "Excess Liability" policy (or policies),
provided, that the coverage afforded under any such "Umbrella" or "Excess Liability" policy is at least
as broad as that afforded by the underlying "Commercial General Liability" policy (or equivalent
underlying policy).
C. Such commercial general liability policy and "Umbrella" or "Excess Liability" policy (or policies) may
provide aggregate limits for some or all of the coverage afforded there under, so long as such
aggregate limits have not, as of the beginning of the term or at any time during the term, been
reduced to less than the total required limits stated above, and further, that the "Umbrella" or
"Excess Liability" policy provides coverage from the point that such aggregate limits in the underlying
comprehensive general liability policy become reduced or exhausted.
6.3 Automobile Liability
Business Automobile automobile liability insurance shall be obtained and shall cover liability for bodily injury and property damage arising out of the ownership, use, maintenance, or operation of all owned, non-owned and hired automobiles and other motor vehicles utilized by the Licensee licensee in connection with the operation of the licensed Solid solid Waste waste Management management Facilityfacility. Such policy shall provide total liability limits for combined bodily injury and/or property damage in the amount of at least $1,000,000 per accident, which total limits may be satisfied by the limits afforded under such policy, or by such policy in combination with the limits afforded by an "Umbrella" or "Excess Liability" policy(ies), provided, that the coverage afforded under any such "Umbrella" or "Excess Liability" policy(ies) shall be at least as broad with respect to such business automobile liability insurance as that afforded by the underlying policy. Unless included within the scope
49
of the Licensee's licensee's commercial general liability policy, such business automobile liability policy shall also include coverage for motor vehicle liability assumed under contract.
6.4 Additional Insurance
The County county may require a Licensee licensee to undertake an annual insurance evaluation,
conducted by an independent evaluator selected by the Countycounty, which evaluator shall be
reasonably acceptable to Licenseelicensee. The County county may, at any time during the period of the
license, require that Licensee licensee secure any additional insurance, or additional feature to existing
insurance, as is recommended by such evaluation as reasonably required for the protection of the
County's county's interests or those of the public.
6.5 Evidence of Insurance
A. Licensee shall promptly provide the Department department with evidence that the insurance coverage required hereunder is in full force and effect at least twenty (20) days prior to the granting of a license by the County county Boardboard. At least thirty (30) days prior to termination of any such coverage, Licensee licensee shall provide the Department department with evidence that such coverage will be renewed or replaced upon termination with insurance that complies with these provisions.
B. Such evidence of insurance shall be in the form of a "Certificate of Insurance", or in such other form as the Department department may reasonably request, and shall contain sufficient information to allow the Department department to determine whether there is compliance with these provisions. At the request of the Departmentdepartment, the Licensee licensee shall, in addition to providing such evidence of insurance, promptly furnish the Department department with a complete (and if so requested, insurer-certified) copy of each insurance policy intended to provide coverage required hereunder. All such policies shall be endorsed to require that the insurer provide at least a sixty (60) day notice to the Department department prior to the effective date of policy cancellation, non-renewal, or material adverse change in coverage terms. The Licensee's licensee's insurance agent shall certify on the certificate of insurance, that he/she has error and omissions coverage.
6.6 Insurer Policies
All policies of insurance required by this Ordinance ordinance shall be issued by financially responsible insurers licensed to do business in the State of Minnesota, and all such insurers must be acceptable to the Departmentdepartment. Such acceptance shall not be unreasonably withheld or delayed. An insurer with a current A.M. Best Company rating of at least A: VII+/- shall be conclusively deemed to be acceptable. In all other instances, the Department department shall have twenty (20) business days from the date of receipt of a Licensee's licensee's evidence of insurance to advise the Licensee licensee in writing of any insurer that is not acceptable to the Countycounty. If the Department department does not respond in writing within such twenty (20) day period, the Licensee's licensee's insurer(s) shall be deemed to be acceptable to the Countycounty.
6.7 Loss Information
At the request of the Departmentdepartment, the Licensee licensee shall promptly furnish loss
information concerning all liability claims brought against a Licensee licensee (or any other Insured
under Licensee's licensee's required policies) that may affect the amount of liability insurance available
for the benefit and protection of the County county under this Ordinanceordinance. Such loss information
shall include such specifics and be in such form as the Department department may reasonably require.
SECTION 7 FACILITY RECORDS
50
It shall be the obligation of the Operator operator of a Solid solid Waste waste Facility facility to maintain
accurate operation records. To be considered for renewal the Licensee licensee must maintain the
following records and submit reports as required by the Departmentdepartment.
7.1 Daily Records
A. Accurate daily records of Solid solid Waste waste Management management Facility facility
operations shall be maintained and made available upon request to the County county or Authorized
authorized Representative representative including:
B.1. A Receipt receipt of Ssolid Waste waste in tons and cubic yards shall be recorded daily in
a manner acceptable to the Countycounty. This information shall provide statistics on the types
and quantities of Solid solid Waste waste received including, but not limited to Residential
residential Solid solid Wastewaste, Commercialcommercial/Institutional institutional waste, and
Industrial industrial Solid solid Wastewaste.
C.2. General areas in which a particular type of Solid solid Waste waste disposal takes place
within a Solid solid Waste waste Land land Disposal disposal Facility facility shall be recorded.
D.3. Detailed information on waste composition received at the Facility facility derived from actual measurements. The County county may require a specific waste composition analysis for any waste materials that may contain hazardous chemicals or that may pose a risk to health and safety. Once information on general or specific composition analysis is approved by the Ccounty, such information must be submitted with the annual report for a period of up to five years. If the composition of waste received by the Facility facility significantly changes, then the County county may require an up to date composition analysis to be performed.
E.4. Information that identifies the types and quantities of waste Released released from the
Site site or transported to other Solid solid Waste waste Management management
Facilitiesfacilities. This information includes but is not limited to Solid solid Wastewaste, ash,
Leachateleachate, and residual materials derived from waste Processingprocessing.
F.5. Copies of reports and data related to environmental monitoring including but not limited to
groundwater testing, Leachate leachate analysis, methane monitoring, and air emission data.
G.6. Disposal of Hazardous hazardous Waste waste is prohibited. All Hazardous hazardous
Wastes wastes Generated generated by the facility operation or delivered to the facility by other
Persons persons must be recorded, and documentation of management in accordance with State
state and federal regulations and as set out in the facility's operations plan must be reported.
7.2 Facility's Annual Report
The Licensee licensee shall submit a copy of the licensed facility's annual report required by the Agency agency to the Agency agency and this Department department by March 1st of each year.
7.3 Facility Service Area
The Licensee licensee shall submit records of population and areas served by the licensed facility on an
annual basis.
51
7.4 Emergency Incidents
A. Within two (2) hours of an emergency incident that results in conditions that may be adverse to public
or environmental health, the Licensee licensee shall submit oral notification to the Solid solid Waste
waste Administratoradministrator.
B. This report shall be followed with written notification within 48 hours of the incident.
C. When corrective actions are required by Countycounty, State state or federal agencies, a report of
the incident and actions taken shall be submitted to the Solid solid Waste waste Administrator
administrator within 15 days of completion of the action.
SECTION 8 GENERAL REQUIREMENTS FOR ALL FACILITIES
The following items shall be established, constructed, or provided for at all Solid solid Waste waste
Management management Facilitiesfacilities, unless specifically exempted by the
Departmentdepartment.:
8.1 Design and Construction Requirements
A. Sanitary restroom facilities and shelter shall be available at the Sitesite.
B. Effective litter control devices such as portable fences shall be utilized.
C. Electrical service, as necessary for operations and repairs.
D. Firefighting facilities on site adequate to insure the safety of employees.
E. Emergency first aid equipment to provide adequate treatment for all anticipated accidents.
F. A potable water supply for Site Personnel.
G. Shelter for maintenance and storage of Site equipment.
H. Adequate facilities to ensure that no vehicle desiring entry into the Site may have to wait outside the
perimeter of the Site.
I.H. Adequate communication facilities shall be provided for emergency purposes.
J.I. The Site shall be fenced or secured to prevent unauthorized entry and a gate shall be provided at the
entrance to the Site and kept locked when an attendant is not on duty.
K.J. An all-weather haul road to the unloading area.
L.K. 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.L. 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.
52
8.2 Closure Requirements
A. In addition to Closure closure procedures required by the Agencyagency, the Licensee licensee shall
submit a detailed map to the Department department upon Closure closure of the Licensed licensed
Solid solid Waste waste Land land Disposal disposal Facilityfacility. The map shall include the
location of fill areas, buildings, roads, wells, hydro-geologic information, elevations, scales, and any
other features of the site.
B. Documents submitted must show the nature and location of the waste disposed at the facility.
C. Complete location details of any regulated wastes such as asbestos shall be submitted to the
Department and recorded on the property deed.
D. A complete list of Industrial industrial Solid solid Waste waste customers and associated waste
characterization data and disposal locations shall be submitted.
E. Documents submitted must show the property lines of the facility and all adjacent property ownership
at the time of Closureclosure.
F. A letter from the Licensee licensee shall be sent to all adjacent property owners notifying them of the
Closure closure requirements and the ultimate use of the land on which the Facility facility is located.
This letter must be sent by certified mail within 30 days of the completion of Closure closure
requirements with a copy sent to the Solid solid Waste waste Administrator administrator at the same
time.
8.3 Facility Fee Authorized
A. The County county Board board may establish Solid solid Waste waste Land land Disposal disposal Facility facility fees pursuant to Minn. Stat. § 115A.919 and may utilize fees received pursuant to Minn. Stat. § 115A.923.
B. Any Ssolid Waste waste Management management Facility facility subject to such fees shall file a
monthly fee in the following manner:
1. The return shall be signed by the Facility facility Operator operator or a Person person authorized
by the Facility facility Operator operator to do so.
2. A check for the full amount of the fee and made out to the County county Auditor auditor must accompany the return form.
3. The return shall be filed with the Department department on or before the last day of the month immediately following the month in which the fee was incurred.
C. Non-payment of fees shall be grounds for denial of a license application or renewal.
53
SECTION 9 MIXED MUNICIPAL SOLID WASTE LAND DISPOSAL FACILITIES
This section applies to facilities designed, constructed, maintained, or operated as a Mixed
Municipal Solid Waste MMSW Lland Disposal disposal Facilityfacility.
9.1 State Rule Adopted
In addition to the general requirements provided for in this Ordinance ordinance and the specific
requirements of this Sectionsection, the design, construction, and operation of Mixed Municipal Solid
WasteMMSW Land land Disposal disposal Facilities facilities shall be in accordance with Agency
agency Solid solid Waste waste Management management Rules rules (Minn. Rules Chapter 7035),
which are hereby adopted by reference as part of this Ordinanceordinance.
9.2 Licensing Requirements
A. The following additional information shall be submitted to the Department department as part of the
application process for a Mixed Municipal Solid WasteMMSW Land land Disposal disposal Facility
facility Licenselicense.
B. Application and Feesfees: An applicant for a Mixed Municipal Solid WasteMMSW Land land Disposal
disposal Facility facility License license shall complete and submit to the Department department an
application on a form provided by the Departmentdepartment. The application shall not be considered
complete until the Department department receives the signed and dated application form, all
applicable fees, and all materials required by this Sectionsection.
C. Existing Conditions conditions Planplan: A current map or aerial photograph of the area showing land
use and zoning within 1/4 mile of the Solid solid Waste waste Land land Disposal disposal Sitesite.
The map or aerial photography shall be of sufficient scale to show all homes, buildings, lakes, ponds,
watercourses, 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.
D. Plot Plan: A plot plan that includes the legal description of the Site site 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.
E. 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.
F. A Report: A report shall accompany the plans indicating:
1. Population and areas expected to be served by the proposed Sitesite.
2. Anticipated type, quantity and source of material to be disposed of at the Sitesite.
3. Geological formations and ground water elevations to a depth of at least ten (10) feet below
proposed excavation and lowest elevation of the Sitesite, including the high-water table. Such
data shall be obtained by soil borings or other appropriate means.
54
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 Site site for excavating, earth moving, spreading, compacting and other needs.
6. Area of Site site in acres.
7. Owner of the Sitesite.
8. Persons responsible for actual operation and maintenance of the Site site and operating procedures.
9.3 Specific Design and Construction Requirements
A. The following shall be established, constructed, maintained, or provided for at the Sitesite.
B. 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.
C. At each entrance to the Site site the Licensee licensee shall erect and maintain a sign stating the
name of the Solid solid Waste waste Management management Facilityfacility, the schedule of days
and hours the Mixed Municipal Solid WasteMMSW Management management Facility facility is open
to the public, prices for use of the Mixed Municipal Solid WasteMMSW Management management
Facilityfacility, the types of waste accepted, and Agency agency permit number and penalty for
nonconforming Dumpingdumping. Plans and specifications for the sign wordage and its proposed
placement shall be submitted to the Department 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
Departmentdepartment.
D. Suitable accommodations shall be provided for individuals who wish to Transport transport and
Dispose dispose of their own Mixed Municipal Solid WasteMMSW provided said Mixed Municipal
Solid WasteMMSW has been determined by the Department department to be acceptable at the
Facilityfacility.
9.4 Specific Operating Procedures
A. Any Person person who has been granted a License license by the Department department to
operate a Mixed Municipal Solid Waste MMSW Lland Disposal disposal Facility facility shall comply
with the following specific operational requirements:
B. Open Burning, Animal Feeding and Scavenging
C.1. Open
Burning burning of Mixed Municipal Solid WasteMMSW is prohibited. No scavenging shall be
allowed. Salvaging shall be allowed only upon conditions approved in writing by the
Departmentdepartment. Animal feeding within the Site site is prohibited.
D.2. Wind-Blown blown Materialmaterial: Unloading of Mixed Municipal Solid WasteMMSW
shall be confined to as small an area as practicable and surrounded with appropriate materials to
prevent wind blown material within the area. At the conclusion of each day of operation, all wind-
55
blown material resulting from the operation shall be collected and returned to the designated area
by the Owner owner or Operatoroperator.
E.3. Cover and Compaction compaction of Putrescible putrescible Materialmaterial:
Putrescible putrescible Materialmaterial, which has reached a foul state of decay or
decomposition, shall be immediately covered and compacted.
F.4. Public Nuisance nuisance Controlcontrol: Control of vectors, such as rodents and flies,
and of odors, dust, wind-blown material and other potential Public public Nuisances nuisances
shall be sufficient to prevent or eliminate any Public public Nuisancenuisance. Should the
Department department so prescribe, an exterminator or pest control agent, at the Licensee's
licensee's expense, shall be engaged to inspect the Mixed Municipal Solid WasteMMSW Land
land Disposal disposal Facility facility on at least a monthly basis. A copy of each inspection
report shall be sent to the Department department immediately upon its receipt by the
Licenseelicensee.
SECTION 10 CONSTRUCTION AND DEMOLITION DEBRIS LAND DISPOSAL FACILITIES LICENSE
This section applies to all facilities designed, constructed, or operated for the land disposal of
Construction construction and Demolition demolition Debrisdebris, regardless of size or duration of
operation.
10.1 State Rule Adopted
In addition to the general requirements provided in this Ordinance ordinance and the specific
requirements of this Sectionsection, the design, construction, and operation of Construction construction
and Demolition demolition Debris debris Land land Disposal disposal Facilities facilities shall be in
accordance with Agency agency regulations (Minn. Chap. 7035), which is hereby adopted by reference
as part of this Ordinanceordinance.
10.2 Licensing Requirements
A. The following information shall be submitted to the Department department as part of the application
process for a Construction construction and Demolition demolition Debris debris Land land Disposal
disposal Facility facility Licenselicense.
B. Application and Feesfees: An applicant for a Construction construction and Demolition demolition
Debris Land Disposal Facility License shall complete and submit to the Department an application on
a form provided by the Department. The application shall not be considered complete until the
Department receives the signed and dated application form, all applicable fees and all materials
required by this section.
C. Existing Conditions Plan: A current map or aerial photograph of the area showing land use and
zoning within 1/4 mile of the Site. The map or aerial photography shall be of sufficient scale to show
all homes, buildings, lakes, ponds, watercourses, 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.
56
D. Plot Plan: A plot plan including the legal description of the Site 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.
E. 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.
F. Report: A report shall accompany the plans indicating:
1. Population and areas expected to be served by the proposed Sitesite.
2. Anticipated type, quantity and source of material to be disposed of at the Sitesite.
3. Geological formations and ground water elevations to a depth of at least ten (10) feet below
proposed excavation and lowest elevation of the Sitesite, 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 Site site for excavating, earth moving,
spreading, compacting and other needs.
6. Area of the Site site in acres.
7. Owner of the Sitesite.
8. Persons responsible for actual operation and maintenance of the Site site and intended operating
procedures.
10.3 Specific Design and Construction Requirements
A. The following shall be established, constructed, maintained or provided for at the Sitesite:
B. 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.
C. Specific requirements regarding liner requirements and waste screening shall be determined based
upon the Site site conditions and the projected composition of the Demolition demolition and
Construction construction Debrisdebris.
10.4 Specific General Operating Procedures
A. Any person who has been granted a License to operate a Construction construction and Demolition
demolition Debris debris Land land Disposal disposal Facility facility shall comply with the following
specific operational requirements:
B. Licensed staff will be on-site during business hours.
57
C. Waste Acceptance acceptance and Prohibited prohibited Wasteswastes: Types of Construction
construction and Demolition demolition Waste waste accepted at the facility shall be pursuant to the
Agency's agency's Generic generic Template template Industrial industrial Solid solid Waste waste
Management management Plan plan for Demolition demolition and Construction construction
Llandfills which is available on the aAgency website.
SECTION 11 INDUSTRIAL SOLID WASTE LAND DISPOSAL FACILITIES
This section applies to all facilities designed, constructed, maintained, or operated as an Industrial
industrial Solid solid Waste waste Land land Disposal disposal Facilityfacility.
11.1 State Rule Adopted
In addition to the general requirements provided in this Ordinance ordinance and the specific
requirements of this Sectionsection, the design, construction, and operation of Industrial industrial Solid
solid Waste waste Land land Disposal disposal Facilities facilities shall be in accordance with Agency
agency regulations (Minn. Rules Chap. 7035), which are hereby adopted by reference as part of this
Ordinanceordinance.
11.2 Licensing Requirements
A. The following information shall be submitted to the Department department as part of the application
process for an Industrial industrial Solid solid Waste waste Land land Disposal disposal Facility
facility Llicense.
B. Application and Fees: An applicant for an Industrial industrial Solid solid Waste waste Land land
Disposal disposal Facility facility License license shall complete and submit to the Department
department an application on a form provided by the Departmentdepartment. The application shall
not be considered complete until the Department department receives the signed and dated
application form, all applicable fees and all materials required by this section.
C. Existing Conditions Plan: A current map or aerial photograph of the area showing land use and
zoning within 1/4 mile of the Sitesite. The map or aerial photography shall be of sufficient scale to
show all homes, buildings, lakes, ponds, watercourses, 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.
D. Plot Plan: A plot plan including legal description of the Site site 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.
E. 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.
F. Report:
1.F. A report shall accompany the plans indicating:
a. Population and areas expected to be served by the proposed Sitesite.
58
b. Anticipated type, quantity and source of material to be disposed of at the Sitesite.
c. Geological formations and ground water elevations to a depth of at least ten (10) feet below
proposed excavation and lowest elevation of the Sitesite, including the high-water table. Such
data shall be obtained by soil borings or other appropriate means.
d. Source and characteristic of cover material and method for protecting cover material for winter operation.
e. Type and amount of equipment to be provided at the Site site for excavating, earth moving, spreading, compacting and other needs.
e.
f. Area of the Site site in acres.
g. Owner of the Sitesite.
h. Persons responsible for actual operation and maintenance of the Site site and intended
operating procedures.
11.3 Specific Design and Construction Requirements
A. The following shall be established, constructed, maintained or provided for at the Sitesite:
B.1. Equipme
nt 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.
C.2. Specific requirements regarding liner requirements and waste screening shall be
determined based upon the Site site conditions and the projected composition of the Industrial
industrial Solid solid Wastewaste.
11.4 Specific Operating Procedures
A. Any person who has been granted a License license to operate an iIndustrial Solid solid Waste waste
Land land Disposal disposal Facility facility shall comply with the following specific operational
requirements, unless otherwise waived in writing by the Departmentdepartment:
B. Public Use use Pprohibited: No public usage will be allowed, except where specifically approved.
C. Waste Acceptance acceptance and Prohibited prohibited Wasteswastes: Types of iIndustrial Solid
solid Waste waste accepted at the facility shall be pursuant to the Agency's agency's Generic generic
Template template Industrial industrial Solid solid Waste waste Management management Plan plan
which is available on the the AAAgency’s website.
C.
SECTION 12 TRANSFER STATIONS
This section applies to all facilities designed, constructed, established, maintained and operated as a
Solid solid Waste waste Transfer transfer Stationstation, regardless of size or category.
12.1 State Rule Adopted
59
In addition to the general requirements of this Ordinance ordinance and the specific requirements of this
Sectionsection, the design, construction, and operation of Solid solid Waste waste Transfer transfer
Stations stations shall be in accordance with Agency agency regulations (Minn. Rules Chapter 7035),
which are hereby adopted by reference as part of this Ordinanceordinance.
12.2 License Required
A. It is unlawful for any Person person to establish, operate, or maintain a Solid solid Waste waste
Transfer transfer Station station without first being licensed to do so by the Departmentdepartment.
B. Licensing Requirements:
1. The following information shall be submitted to the Department department as part of the
application process for a Solid solid Waste waste Transfer transfer Station station Licenselicense:
a. Designation of the Transfer transfer Station station Categorycategory: All Solid solid Waste
waste Transfer transfer Stations stations shall be categorized as to type and amount of Solid
solid Waste waste transferred at the facility. The following categories are established:
b.1) Mixed Waste: This facility has an on-site storage capacity of greater than 120
cubic yards per day and handles a variety of Solid solid Waste waste types, to
include Mixed mixed Municipal municipal Solid solid Wastewaste.
c.2) Demolition Debris: This facility handles Construction construction and
Demolition demolition Debris debris only.
C. Application and Fees: An applicant for a Solid solid Waste waste Transfer transfer Station station
License license shall complete and submit to the Department department an application on a form
provided by the Departmentdepartment. The application shall not be considered complete until the
Department department receives the signed and dated application form, all applicable fees, and all
materials required by this section, to include:
1. Location, size and ownership of the land upon which the Transfer transfer Station station
will operate.
2. General description of property use in the immediate vicinity of the Transfer transfer
Stationstation.
3. Complete plans and specifications and proposed operating procedures for the Transfer transfer Stationstation.
4. A fee schedule for the use of Transfer transfer Stationstation.
5. A statement of the ultimate Solid solid Waste waste Management management Facility facility destination(s) of Solid solid Waste waste delivered to the Transfer transfer Stationstation.
12.3 Specific Design and Construction Requirements
A. The following specific design and construction requirements shall apply:
60
B. Entrance Sign:
At each entrance to the Site site the Licensee licensee shall erect and maintain a sign stating the
name of the Transfer transfer Stationstation, the schedule of days and hours the Transfer transfer
Station station is open to the public, prices for use of the facility and Agency agency permit number
and penalty for nonconforming Dumpingdumping. Plans and specifications for the sign wordage and
its proposed placement shall be submitted to the Department department for approval prior to
installation. Any changes to the sign after initial installation are also subject to approval by the
Departmentdepartment.
C. Residential Disposal Facilities:
1. For Transfer transfer Stations stations open to the public, suitable facilities shall be provided for
accepting Solid solid Waste waste from Selfself-Haulershaulers.
2. Minimal Interference with Other Activities: The Transfer transfer Station station shall be situated, equipped, operated, and maintained as to minimize interference with other activities in the area and not create a Public public Nuisancenuisance.
12.4 Specific Operating Procedures
Any Person person who has been granted a license by the Department department to operate a Transfer
transfer Station station shall comply with the following specific operational requirements:
A. Waste Removal and Clean-up:
A. Unless stated otherwise as a part of the Licenselicense, the Licensee licensee shall remove all Solid solid Wastewaste, clean, and maintain the Transfer transfer Station station at the end of each day of use.
B. Orderly Maintenance:
B. The premises, entrances and exits shall be maintained in a clean, neat and orderly manner at all times.
C. Traffic Control:
C. All incoming and outgoing traffic shall be controlled by the Licensee licensee in such a manner as to provide orderly and safe ingress and egress.
D. Unloading:
D. All unloading of Solid solid Waste waste from contributing vehicles shall be conducted in such a manner as to eliminate odor and litter outside the Transfer transfer Stationstation.
E. Liquids:
E. All liquids shall be captured, contained, and treated without discharging to the environment.
SECTION 13 SOLID WASTE PROCESSING FACILITIES:
61
This section applies to all facilities designed, constructed, established, maintained and operated as Solid
solid Waste waste Processing processing Facilitiesfacilities.
13.1 State Rule Adopted
In addition to the general requirements of this Ordinance ordinance and the specific requirements of this
Sectionsection, the design, construction, and operation of Solid solid Waste waste Processing processing
Facilities facilities shall be in accordance with Agency agency regulations (Minn. Rules Chapter 7035)
which are hereby adopted by reference as part of this Ordinanceordinance.
13.2 Licensing Requirements
A. The following information shall be submitted to the Department department as part of the application
process for a Solid solid Waste waste Processing processing Facility facility Licenselicense.
B. Application and Fees:
B. An applicant for a Solid solid Waste waste Processing processing Facility facility License license
shall complete and submit to the Department department an application on a form provided by the
Departmentdepartment. The application shall not be considered complete until the Department
department receives the signed and dated application form, all applicable fees, and all materials
required by this section, to include:
1. Location, size, and ownership of the Site site the Solid solid Waste waste Processing processing
Facility facility will operate on.
2. General description of property use in the immediate vicinity of the Solid solid Waste waste
Processing processing Facilityfacility.
3. Complete plans and specifications and proposed operating procedures for the Solid solid Waste
waste Processing processing Facilityfacility.
3.
13.3 Specific Design and Construction Requirements
A. The following shall be established, constructed, maintained or provided for at the Sitesite:
B.1. A The Solid solid Waste waste Processing processing Facility facility shall be situated,
equipped, operated, and maintained as to minimize interference with other activities in the area.
C.2. Storage facilities for by-products, to include residuals and recyclables, shall be provided
to prevent vector intrusion.
D.3. The Site site shall be sized, or a separate area provided, for a location for Transportation
transportation vehicles to park while waiting to unload or load material without having to wait on a
public thoroughfare.
62
E.4. A Solid solid Waste waste delivery area shall be designated and all Solid solid Waste
waste delivered to the Solid solid Waste waste Processing processing Facility facility shall be
confined to that area until incorporated into the Processing processing system.
F.5. If the Processing processing Facility facility is a Solid solid Waste waste Composting
composting Facilityfacility, a Leachate leachate Management management System system shall
be provided for the 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 composting or residual waste.
13.4 Specific Operating Procedures
A. Any Person person who has been granted a License license by the Department department to
operate a Solid solid Waste waste Processing processing Facility facility shall comply with the
following specific operational requirements.
B. Orderly Maintenance:
B. The premises, entrances and exits shall be maintained in a clean, neat and orderly manner at all
times.
C. Traffic Control:
C. All incoming and outgoing traffic shall be controlled by the Licensee licensee in such a manner as to
provide orderly and safe ingress and egress.
D. Unloading:
D. All unloading of Solid solid Waste waste from contributing vehicles shall be conducted in such a
manner as to eliminate odor and litter outside the Processing processing Facilityfacility.
SECTION 14 WASTE TIRE FACILITIES
All Waste waste Tire tire Collection collection Sites sites and Processing processing Facilities facilities
shall be designed, constructed, maintained, and operated in accordance with the following provisions.
14.1 State Rule Adopted
In addition to the general requirements of this Ordinance ordinance and the specific requirements of this
Sectionsection, the design, construction, and operation of Waste waste Tire tire Collection collection Sites
sites and Processing processing Facilities facilities shall be in accordance Agency regulations (Minn.
Rules Chapter 9220), which are hereby adopted.
14.2 Licensing Requirements
A. It is unlawful for any Person person to establish, operate, or maintain a Waste waste Tire tire
Collection collection Site site or Processing processing Facility facility without first being licensed to
do so by the Departmentdepartment, except that a License license shall not be required for the
following:
63
B.1. A retail tire seller if no more than 500 Waste waste Tires tires are kept on the business
premises.
C.2. An Owner owner or Operator operator of a tire retreading business if no more than 3,000
Waste waste Tires tires are kept on the business premises.
D.3. An Owner owner or Operator operator of a business who, in the ordinary course of
business, removes tires from motor vehicles if no more than 500 Waste waste Tires tires are kept
on the premises.
E.4. A licensed and permitted Solid solid Waste waste Management management Facility
facility with less than 10,000 Waste waste Tires tires stored above ground at the licensed and
permitted Sitesite.
F.5. A Person person using Waste waste Tires tires for agricultural purposes if the Waste
waste Tires tires are kept on the premises of use.
G.6. The following information shall be submitted to the Department department as part of the
application process for a Waste waste Tire tire Collection collection Site site and/or Processing
processing Facility facility Licenselicense.
14.3 Application and Fees
A. An applicant for a Waste waste Tire tire Collection collection Site site and/or Processing processing
Facility facility License license shall complete and submit to the Department department an
application on a form provided by the Departmentdepartment. The application shall not be considered
complete until the Department department receives all applicable fees and all materials required by
this section, to include:
B.1. Location, size and ownership of the site on which the Waste waste Tire tire Collection
collection Site site and/or Processing processing Facility facility will operate.
C.2. General description of property use in the immediate vicinity of the Waste waste Tire tire
Collection collection Site site and/or Processing processing Facilityfacility.
3. Complete plans and specifications and proposed operating procedures for the Waste waste Tire
tire Collection collection Site site and/or Processing processing Facilityfacility.
D.
14.4 Specific Design and Construction Requirements
A. The following specific design and construction requirements shall be established, constructed,
maintained or provided for at the Sitesite:
1. The Licensee licensee shall maintain a minimum distance of fifty (50) feet between the Waste
waste Tire tire Collection collection Site site or Processing processing Facility facility operations
and the adjacent property line.
2. The Licensee licensee shall divert surface water drainage around and away from the Collection
collection area.
64
B. The Licensee 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 Departmentdepartment.
C. The Waste waste Tire tire Collection collection Site site and/or Processing processing Facility facility
shall be situated, equipped, operated, and maintained as to minimize interference with other activities
in the area.
C.
14.5 Specific Operating Procedures
A. Any Person person who has been granted a License license by the Department department to
operate a Waste waste Tire tire Collection collection Site site and/or Processing processing Facility
facility shall comply with the following specific operational requirements:
1. The Licensee licensee shall accept only Waste waste Tires tires at the Collection collection Site
site and/or Processing processing Facilityfacility.
2. The Licensee licensee shall prohibit piling of Waste waste Tires tires within the following
regions:
a. Shore land;
b. Regional flood plain for a 100-year flood; and
c. Wetlands.
3. The Licensee shall:
a. Confine Waste waste Tires tires to as small an area as practical with individual piles not more
than 2500 square feet in area and 20 feet in height,
b. Provide a minimum twelve (12) foot separation between the piles of Waste waste Tires
tires to allow access for trucks and emergency vehicles,
c. Provide trenching or other adequate measures to minimize the potential for fire spreading;
and
d. Construct piles of Waste Tires to minimize the accumulation of stagnant water.
B. Waste Tire Reduction
Waste Tire tire Collection collection Sitessites, Processing processing Facilitiesfacilities, and Waste
waste Tire tire Dumps dumps in existence prior to the effective date of this provision shall reduce the
accumulation of Waste waste Tires tires by Processing processing and/or marketing such Waste waste
Tires tires by an amount and within time limits established by the Departmentdepartment, and shall be
approved by the local zoning authority.
C. Cessation of Operation
65
Upon cessation of Waste waste Tire tire Collection collection Site site and/or Pprocessing Ffacility
operations, the Licenseelicensee, Ownerowner, and Operator operator shall be responsible for
removing all Waste waste Tires tires and tire products from the Site site within 90 days of cessation
and ensure their proper management pursuant to this Ordinance ordinance and Minn. Stat. §
115A.90 to 115A.914.
ARTICLE VIII INSPECTIONS, VIOLATIONS AND ENFORCEMENT, HEARINGS
SECTION 1 INSPECTIONS
1.1 Inspections
66
A. Routine inspection of Solid solid Waste waste Management management Activitiesactivities, Facilities facilities and/or a Licensee's licensee's premises shall be made by the Department department in such frequency as to insure consistent compliance by the Licensee licensee with this Ordinanceordinance.
B. A The applicant or Licensee licensee shall allow free access to Aauthorized Representatives representatives of the Department department at any reasonable time for the purpose of making such inspections as may be necessary to determine compliance with the requirements of this Ordinanceordinance.
C. Failure of the applicant or Licensee licensee to permit such inspection shall be grounds for denial, suspension or revocation of a license. The Licensee licensee shall be provided with written documentation of any deficiencies and the date by which the corrections shall be completed.
D. Whenever necessary to enforce any provision of this Ordinanceordinance, or whenever the County county has reasonable cause to believe that a violation of this Ordinance ordinance exists, the County county may enter premises or vehicles to inspect the same or to perform any duty incumbent upon the Departmentdepartment, provided that if such premises or vehicles be occupied, the Authorized authorized Representative representative shall first present proper credentials and request entry; and if such premises or vehicles be unoccupied, the Department department shall first make a reasonable effort to locate the Operator operator or other Persons persons having charge or control of the premises or vehicle and request entry. If such entry is refused, the Department department may suspend or revoke a license and shall have recourse to other remedies provided by law.
E. Whenever the Department department or its Authorized authorized Representatives representatives shall find in any building, vehicle, or on any premises any material, condition or activity endangering the health, welfare or safety of the public, the Department department shall issue such orders as may be necessary for the enforcement of this or other applicable County county ordinances governing and safeguarding the health, welfare and safety of the public.
F. Repeated violations of this Ordinance ordinance or failure to comply with any order of the Departmentdepartment, shall be grounds for summary suspension, suspension or revocation of a license.
G. Any order or notice issued or served by the Department department shall be complied with by the Ownerowner, Operator operator or other Person person responsible for the condition or violation to which the order or notice pertains. Every order or notice shall set forth a time limit for compliance depending on the nature of and the danger created by the violation. In cases of extreme danger to health, welfare and safety of the public, immediate compliance shall be required.
H. If a building, premises or vehicle is owned by one Person person and occupied or operated by another, under lease or otherwise, and the order or notice requires immediate compliance for the health, welfare and safety of the public, such order or notice shall be served on the Ownerowner, Operator operator or occupant and the Ownerowner, Operator operator or occupant shall ensure compliance with the order or notice.
1.2 Licensed Facility Re-inspections
Upon written notification from the Licensee licensee that all the violations for which a suspension or
summary suspension has been issued have been corrected, the Department department shall re-
inspect the Ssolid Wwaste Management management Activity activity within Ten (10) business
days. If the Department department finds upon such re-inspection that the violation has been corrected,
the Department department shall inform the Licensee licensee of reinstatement of the Licenselicense.
67
SECTION 2 ACTION AUTHORIZEDVIOLATIONS AND ENFORCEMENT
For violations of this Ordinanceordinance, the County county may take the following actions: issuance of
a Warning warning Noticenotice; issuance of a Notice notice of Violationviolation; issuance of
Citationcitation(s); issuance of an Abatement abatement Orderorder; issuance an Embargo embargo
Orderorder; issuance of an Administrative administrative Penalty penalty Order order if authorized by law;
suspension or revocation of a license issued under this Ordinanceordinance; execution of a Stipulation
stipulation Agreementagreement; and/or commencement of other civil proceedings.
2.1 Warning Notice
The Department department may issue a Warning warning Notice notice as defined in this Ordinance
ordinance to any Person person alleged to have committed a violation of this Ordinanceordinance. A
Warning warning Notice notice shall serve to place the Person person on notice that compliance with
specified Ordinance ordinance requirements must occur to avoid additional enforcement actions. A
Warning warning Notice notice may be in the form of an Inspection inspection report for a licensed
facility. A Warning warning Notice notice may be served in person or by mail.
2.2 Notice of Violation (NOV)
The Department department may issue a Notice notice of Violation violation (NOV) as defined in this
Ordinance ordinance to any Person person alleged to have committed a violation of this
Ordinanceordinance. A NOV shall serve to place the Person person alleged to have committed a
violation on notice that compliance with specified Ordinance ordinance requirements must occur to avoid
additional enforcement actions. The NOV shall be served by certified mail or by personal service on the
Personperson(s) alleged to have committed a violation of this Ordinanceordinance.
2.3 Citations
Any Person person who fails to comply with the provisions of this Ordinance ordinance is 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. An Authorized
authorized Representative representative of the Department department shall have the power to issue
Citations citations for violations of this Ordinanceordinance, but shall not be permitted to physically arrest
or take into custody any violator except on a warrant duly issued by the Courtcourt.
A. Issuance of the Citation:
A. Citations shall be issued to the Person person alleged to have committed the violation either by
personal delivery or by certified mail. In the case of a public, private or municipal corporation, the
Citation citation shall be issued to any officer or agent with express or implied authorization to accept
such issuance.
B. Notice of Citation:
B. Citations shall be made out in quadruplicate (4). One copy shall be issued to the Person person
alleged to have committed the violation; one copy shall be filed with the Departmentdepartment; one
copy shall be filed with the County county Attorney’s attorney’s Officeoffice; and one copy shall be
filed with the District district Courtcourt.
C. Form of Citation:
68
C. Citations shall be on such form(s) as approved by the Department department and shall contain at
least the following:
1. The name and address of the Person person alleged to have committed the violation and, when
known, the owner or Person person in charge of the premises or equipment involved in the
violation.
2. The date, time (if known) and place of violation.
3. A short description of the violation followed by reference to the Section section of this Ordinance
ordinance violated.
4. The name of the Person person issuing the Citationcitation.
5. The date and place at which the Person person receiving the Citation citation shall appear in
Court court and a notice that if such Person person does not respond a warrant may be issued
for such Person's person's arrest.
6. Such other information as the Court court may specify.
D. Court Appearance
1. The Person person charged with the violation shall appear at the place and on the date specified
in the Citation citation and either:
a. Plead guilty to the Citation citation and meet the requirements of the sentencing order
issued by the court; or
b. Plead not guilty to the Citation citation and schedule a court date for further hearing or
trial on the Citationcitation.
2. Failure to Appear on the Citation:
2. If the Person person charged with the violation does not appear at the place and on the date
specified on the Citation violation a bench warrant may be issued by the Courtcourt.
3. Complaint:
3. If the Person person issued the Citation citation and charged with the violation fails to appear as
required by the Citationcitation, the Citation citation may be referred to the County county
Attorney's attorney's Office office for issuance of a summons and complaint.
2.4 Abatement
A. In the event of an emergency abatement by the Ccounty as described in Section section
2.04(EC) below, or if a property owner does not complete Corrective corrective Actions actions within
the timelines given in a NOV, a Stipulation stipulation Agreement agreement or a court order, the
Department department may abate the violations and the Department department has the authority to
enter the property and perform the Corrective corrective Actions actions and recover the costs of the
same from the property owner through the following procedures:
1. Abatement Notice:
69
a. Contents of Abatement abatement Noticenotice:
1) An Abatement abatement Notice notice shall include the following:
2)• Notice that the property owner has not completed the Corrective
corrective Actions actions within the time period required in the
attached NOV(s), Stipulation stipulation Agreement agreement or
court order;
3)• Notice that the Department department or its agent intends to enter
the property and commence abatement of the conditions on the
property that violate this Ordinance ordinance in thirty days;
4)• Notice that the property owner must correct the violation(s) before
thirty days to avoid any civil liability for the costs of inspection and
abatement that the County county may incur; and
5)• A statement that if the property owner desires to appeal, the
property owner must file a request for an appeal hearing with the
County county Board board that meets the requirements of Section
section 2.04(Bc) below on the County county within ten (10)
County working days, exclusive of the day of service.
b. Service:
b. The Abatement abatement Notice notice must be served on a property owner by certified
mail or personal service. Service by certified mail shall be deemed complete upon mailing. If
the property owner is unknown or absent and has no known representative upon whom the
Abatement abatement Notice notice can be served, the Department department shall post
the Abatement abatement Notice notice at the property. The Department department must
send a copy of the Abatement abatement Notice notice to the County county Attorney's
attorney's Officeoffice.
c. Right to Appeal the Abatement Notice:
1) Request for Hearing: The property owner's request for a hearing must be in
writing and must state the grounds for appeal and be served by certified mail on
the County county Boardboard, with a copy to the Department department by
midnight of the 10th County county working day following service of the
Abatement abatement Noticenotice. Following receipt of a request for a hearing,
the County county Board board shall set a time and place for the hearing to be
held pursuant to Section 3.0 below.
2) Stay of Notice : Pending the appeal hearing and final determination by the
County county Board board the Department department shall take no further
action on the Abatement abatement Noticenotice.
B. Abatement by the County
1. In the event a property owner does not abate the Ordinance ordinance violations or does not
appeal the Abatement abatement Notice notice within the applicable time period, the Department
department may expend funds necessary to abate the violation(s) in accordance with applicable
County county policies and procedures:
a. Recovery of Abatement Costs:
b.1) The Department department may pursue recovery of all costs, including
enforcement costs, from the property owner for abatement incurred by the
Countycounty, by any means allowable by law. The cost of any enforcement
action may be assessed and charged against the Real real Property property on
which the violations are located.
70
c.2) The Department department shall keep a record of the costs of abatements
done under this Ordinance ordinance and report all work done for which
assessments are to be made, stating and certifying the description of the land,
lots or parcels involved and the amount assessable to each to the County
county Auditor auditor by September 1 of each year.
d.3) On or before October 1st of each year, the County county Auditor auditor shall
list the total unpaid charges for each abatement made against each
separate lot or parcel to which they are attributable under this Ordinance
ordinance to the County county Boardboard.
2. The County county Board board may then spread the charges or any portion thereof against the
property involved as a special assessment, for certification to the County county Auditor auditor
and for collection the following year along with current taxes.
C. Emergency Abatement by County:
Notwithstanding the requirements of Section section 1.0 of this Articlearticle, in the event of an
imminent threat to the public's health, welfare and safety, the Department department shall have
the authority to immediately enter property and abate the violations and recover the costs as set
out in Section section 2.04(DB.1.a) above. The Department department shall attempt to give
verbal notice to the property owner immediately, if possible, and writing within ten (I 010) work
days. The property owner shall have the right to appeal the assessment of costs to the County
county Board board pursuant to Section section 3 of this Articlearticle.
2.5 Embargo
The Department department may issue a written Embargo embargo order prohibiting the use, sale,
movement, treatment or disposal of a material or item that the Department department determines is
used without authorization or reasonably suspects is, or will be, managed in violation of this
Ordinanceordinance. The Department department shall place a tag to indicate the Embargo embargo
on the suspected material. No Person person shall remove the tag or remove, transport, dispose,
treat, or use such embargoed material except as authorized by the Departmentdepartment. Such
action by the Department department shall not be considered to impute ownership or management
responsibility upon the Countycounty.
2.6 Administrative Penalty Order
A. Overview:
A county board, or an authorized representative for the department may issue orders requiring violations to be corrected and administratively assessing monetary penalties for violations of county solid waste ordinance per State Statute 116.072 which are hereby adopted by reference as part of this Ordinanceordinance.
1. Penalty: Any Person who fails, neglects, or refuses to comply with the
provisions of this Ordinance is guilty of a misdemeanor, and upon
conviction thereof, shall be punished as provided by law.
2. Separate Offense: A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
3. Enforcement: An Authorized Representative of the Department shall have the power to issue Citations for violations of this Ordinance, but shall not be
71
permitted to physically arrest or take into custody any violator except on a warrant duly issued by the Court.
2.7 Stipulation Agreement
The Department department and a Person person alleged to have violated provision(s) of this Ordinance ordinance may voluntarily enter into a Stipulation stipulation Agreementagreement, whereby the parties to the agreement: identify conditions on the property that require Corrective corrective Actionaction; agree on the Corrective corrective Actions actions that must be performed by the Personperson; and agree on the timelines in which the Corrective corrective Actions actions must be completed. If the timelines have not been met as agreed in the Stipulation stipulation Agreementagreement, the County county may abate the violations in accordance with Section section 2.04 above. The parties may seek compliance with the terms of the Stipulation stipulation Agreement agreement through a court of competent jurisdiction.
2.8 License Suspensions
A. Any license required under this Ordinance ordinance may be suspended by the County county Board
board for violation of any provision of this Ordinanceordinance. Upon written notice to the Licensee
licensee a license may be suspended by the County county Board board for a period not longer than
sixty (60) days or until the violation is corrected, whichever is shorter.
B. Such suspension shall not occur earlier than ten (10) County county working days after written notice
of suspension by the County county Board board has been served on the Licensee licensee or, if a
hearing is requested, until written notice of the determination of the County county Board board action
has been served on the Licenseelicensee. Notice to the Licensee licensee shall be served personally
or by registered or certified mail at the address designated in the license application. Such written
notice of suspension shall contain the effective date of the suspension, the nature of the violation or
violations constituting the basis for the suspension, the facts which support the conclusion that a
violation or violations has occurred, and a statement that if the Licensee licensee desires to appeal,
he must within ten (10) County county working days, exclusive of the day of service, file a request for
an appeal hearing with the County county Boardboard. The hearing request shall be in writing stating
the grounds for appeal and served personally or by certified mail on the County county Boardboard,
with a copy to the Department department by midnight of the tenth (I 010th) County county working
day following service. Following receipt of a request for a hearing, the County county Board board
shall set a time and place for the hearing to be held pursuant to Section section 3.0 below.
C. Continued Suspension: If said suspension is upheld and the Licensee licensee has not demonstrated
within the sixty (60) day period that the provisions of the Ordinance ordinance have been complied
with, the County county Board board may serve notice of continued suspension for up to sixty (60)
days or initiate revocation procedures.
D. Emergency Suspension
1. If the Department department finds that the public health, safety or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, emergency suspension of a license may be ordered by the Department department upon written notice to the facility, with a copy to the County county Attorney's attorney's Office office and the County county Boardboard. The County county Board board must make a determination if the emergency suspension should be ratified at its next board meeting. Written notice of such emergency suspension shall be personally served on the Licenseelicensee, or shall be served by certified mail to said Licensee licensee at the address designated in the license application. In addition, the Department
72
department may post copies of the notice of emergency suspension of the license at the licensed facility or property being used for the licensed activity. Said posting shall constitute the notice required under this Sectionsection.
2. The written notice in such cases shall state the effective date of the emergency suspension and
the nature of the violation requiring emergency action, the facts which support the conclusion that
a violation or violations has occurred and a statement that if the Licensee licensee desires to
appeal, the Licensee licensee must, within ten (10) County county working days, exclusive of the
day of service, file a request for a hearing with the County county Boardboard. The hearing
request shall be in writing stating the grounds for appeal and served personally or by certified
mail on the County county Boardboard, with a copy to the Department department and the
County county Attorney's attorney's Officeoffice, by midnight of the tenth (10th) County county
working day following service. Following receipt of a request for an appeal, the County county
Board board shall set a time and a place for the hearing to be held pursuant to Section section
3.18 2 below.
3. The emergency suspension shall not be stayed pending an appeal to the County county Board
board or an informal review by the Department department Headhead, but shall be subject to
dismissal upon a favorable re-inspection by the Department department or favorable appeal to
the County county Boardboard.
E. Suspension Re-Inspections
Upon written notification from the Licensee licensee that all violations for which a suspension or
emergency suspension was invoked have been corrected, the Department department shall re-
inspect the facility or activity within a reasonable length of time, but in no case more than three (3)
County county working days after receipt of the notice from the Licenseelicensee. If the Department
department finds upon such re-inspection that the violations constituting the grounds for the
suspension have been corrected, the Department department shall immediately dismiss the
suspension subject to County county Board board ratification at its next meeting, by written notice to
the Licenseelicensee, served personally or by certified mail on the Licensee licensee at the address
designated in the license application, with a copy to the County county Board board and the County
county Attorney's attorney's Officeoffice. The County county Board board must make a determination
at its next Board board meeting about whether the violations have been corrected and whether the
Department's department's decision to reinstate the license should be ratified.
F. License Revocation
1. Any license granted pursuant to this Ordinance ordinance may be revoked by the County county
Board board for violation of any provision of this Ordinanceordinance.
2. Revocation shall not occur earlier than ten (10) County county working days from the time that
written notice of revocation from the County county Board board is served on the Licensee
licensee or, if an appeal hearing is requested, until written notice of the County county Board's
board's action has been served on the Licenseelicensee. Notice of revocation to the Licensee
licensee shall be served personally or by certified mail at the address designated in the license
application. Such written notice of revocation shall contain the effective date of the revocation, the
nature of the violation or violations constituting the basis for the revocation, the facts which
support the conclusion that a violation or violations has occurred and a statement that if the
Licensee licensee desires to appeal, he must within ten (10) County county working days,
exclusive of the day of service, file a request for a hearing with the County county Boardboard.
73
The hearing request shall be in writing stating the grounds for appeal and served personally or by
certified mail on the County county Boardboard, with a copy to the Department department and
the County county Attorney's attorney's Officeoffice, by midnight of the 10th County county
working day following service. Following receipt of a request for a hearing, the County county
Board board shall set a time and a place for the hearing to be held pursuant to Section section
3.0 below.
G. Status of Financial Assurance
Financial Assurance assurance issued for the facility shall remain in full force and effect during all
periods of suspension, emergency suspension and revocation of the license and is subject to claim
by the County county in accordance with the provisions of this Articlearticle.
2.9 Commencement of a Civil Court Action
In the event of a violation or a threat of violation of this Ordinanceordinance, the County county Board board may also institute other appropriate civil actions or proceedings in any court of competent jurisdiction, including requesting injunctive relief, to prevent, restrain, correct or abate such violations or threatened violations. The County county may recover all costs, including reasonable attorney's fees, incurred for enforcement of this Ordinance ordinance through a civil action. If a property owner does not complete the Corrective corrective Actions actions within the timelines in a court order, the Department department may correct the violations and the Department department has the authority to enter the property and perform the Corrective corrective Actionsactions. The Department department may recover the costs of the same from the property owner through the court process or through the process set out in Section section 2.04(D) above.
SECTION 3 HEARINGS
A request for hearing on a denial, suspension, emergency suspension, non-renewal, or revocation of a
license, or receipt of a Notice notice of Abatement abatement shall be held before the County county
Boardboard, or a hearing examiner as provided below, and shall be open to the public.
3.1 Timeframe for Hearing
Unless an extension of time is requested by the appellant in writing directed to the Chair chair of the
County county Board board and is granted, the hearing will be held no later than forty-five (45) calendar
days after the date of service of request for a hearing, exclusive of the date of such service. In any event,
such hearing shall be held no later than ninety (90) calendar days after the date of service of request for
a hearing, exclusive of the date of such service.
3.2 Notice of Hearing
The County county Board board shall mail notice of the hearing to the appellant, with a copy to the
Department department and the County county Attorney's attorney's Officeoffice, at least fifteen (15)
working days prior to the hearing. Such notice shall include:
A. A statement of time, place and nature of the hearing.
B. A statement of the legal authority and jurisdiction under which the hearing is to be held.
C. A reference to the particular Section section of the Ordinance ordinance, state statute and Agency
agency Rulesrules, if any, involved.
74
C.
3.3 Hearing Examiner
The County county Board board may by resolution appoint an individual, to be known as the hearing
examiner, to conduct the hearing and to make findings of fact, conclusions and recommendations to the
County county Boardboard. The hearing examiner shall submit the findings of fact, conclusions and
recommendations to the County county Board board in a written report, and the County county Board
board may adopt, modify or reject the report.
3.4 Conduct of the Hearing
The appellant and the Department department may be represented by counsel. The
Departmentdepartment, the appellant, and additional parties, as determined by the County county Board
board or hearing examiner, in that order, shall present evidence. All testimony shall be sworn under oath.
All parties shall have full opportunity to respond to and present evidence, cross-examine witnesses, and
present argument. The County county Board board or hearing examiner may also examine witnesses.
3.5 Burden of Proof
The Department department shall have the burden of proving its position by a preponderance of the
evidence, unless a different burden is provided by substantive law, and all findings of fact, conclusions,
and decisions by the County county Board board shall be based on evidence presented and matters
officially noticed.
3.6 Admission of Evidence
All evidence that possesses probative value, including hearsay, may be admitted if it is the type of
evidence on which prudent Persons persons are accustomed to rely in the conduct of their serious
affairs. Evidence that is incompetent, irrelevant, immaterial or unduly repetitious may be excluded. The
hearing shall be confined to matters raised in the Department's department's written notice of denial,
suspension, emergency suspension, non-renewal or revocation of a license, denial of a variance, or
Abatement abatement Notice notice or in the appellant's written request for a hearing.
3.7 Pre-Hearing Conference
At the request of any party, or upon motion of the County county Board board or hearing examiner, a pre-
hearing conference shall be held. The pre-hearing conference shall be conducted by the hearing
examiner, if the County county Board board has chosen to use one, or by a designated representative of
the County county Boardboard. The pre-hearing conference shall be held no later than five (5) County
working days before the hearing. The purpose of the pre-hearing conference is to:
A. Clarify the issues to be determined at the hearing.
B. Provide an opportunity for discovery of all relevant documentary, photographic or other demonstrative
evidence in the possession of each party. The hearing examiner or County county Board's board's
representative may require each party to supply a reasonable number of copies of relevant evidence
capable of reproduction.
C. Provide an opportunity for discovery of the full name and address of all witnesses who will be called
at the hearing and a brief description of the facts and opinions to which each is expected to testify. If
75
the names and addresses are not known, the party shall describe them thoroughly by job duties and
involvement with the facts at issue.
D. If a pre-hearing conference is held, evidence not divulged as provided above shall be excluded at the
hearing unless the party advancing the evidence took all reasonable steps to divulge it to the adverse
party prior to the hearing and:
1. The evidence was not known to the party at the time of the pre-hearing conference; or
2. The evidence is m in rebuttal to matters raised for the first time at or subsequent to the
pre-hearing conference.
3.8 Failure to Appear
If the appellant fails to appear at the hearing, they shall forfeit any right to a public hearing before the
County county Board board or hearing examiner and their failure to appear shall be deemed their waiver
of their right to appeal the decision made by the Department department and the decision made by the
Department department will stand.
3.9 Appeal of County Board Decision
Any appellant aggrieved by the decision of the County county Board board may appeal that decision to
any Court court with appropriate jurisdiction.
76
SCHEDULE OF LICENSE REQUIREMENTS
LICENSE
CATEGORY BOND
AMOUNT
PERMIT
TERM
WASTE COLLECTION:
Commercial Hauler (Per Vehicle) $5,000 1 Year
Self-Hauler N/A 1 Year
DISPOSAL FACILITIES: Resource Recovery Facility $20,000 3 Year
MSW Landfill $20,000 5 Year
Industrial SW Landfill $10,000 5 Year
Demolition Debris Landfill $10,000 5 Year
Permit by Rule N/A N/A
LICENSE
CATEGORY BOND
AMOUNT
PERMIT
TERM
WASTE COLLECTION:
Commercial Hauler (Per Vehicle) $5,000 1 Year
Self-Hauler N/A 1 Year
DISPOSAL FACILITIES:
Resource Recovery Facility $20,000 3 Year
MSW Landfill $20,000 5 Year
Industrial SW Landfill $10,000 5 Year
Demolition Debris Landfill $10,000 5 Year
Permit by Rule N/A N/A COMPOST FACILITIES:
Yard Waste Compost (> 120yds) $5,000 1 Year
SSOM Compost $10,000 1 Year
77
COMPOST FACILITIES:
Yard Waste Compost (<120 yds)
Yard Waste Compost (> 120yds) $5,000 1 Year
SSOM Compost $10,000 1 Year
MATERIAL PROCESSING/STORAGE:
Tire Storage (>500 tires) $500 (check) 1 Year
Tire Storage (> 2,000 tires) $10,000 1 Year
Appliance Storage/Processing $5,000 1 Year
Electronic Waste Storage $5,000 1 Year
Concrete Storage/Crushing $5,000 1 Year
Shredding/Chipping/Grinding $5,000 1 Year
Special Material Stockpiling $10,000 1 Year
Junkyards/Scrap Metal Dealer $105,000 1 Year
Petroleum/Land Application
N/A N/A
NOTES:
(1) Where indicated, a certified check may be used to provide security.
(2) All licenses shall expire on December 31 of the last effective year of the license. Licenses
which have a maximum term of two years shall expire on December 31 of the year following the
year in which the license was issued.
(3) Conditions applicable to temporary permits shall be specified at the time of issue.
(Solid Waste Ordinance-EXHIBIT A)
SENIOR CITIZEN & DISABLED SOLID WASTE FEE REDUCTION APPLICATION
Return to: Beltrami County Solid Waste Office 751 Industrial Park Dr SE Bemidji, MN 56601 Phone: 218-333-8105 Applicant is owner/occupier of property: _____ (Yes), If No Stop***
78
Applicant is age or older _____Yes or disabled_______*** ***Applicants filling as disabled must provide must provide proof of permanent disability. If you cannot answer yes to at least one of the above stop. You are not eligible for a reduction. **Eligibility is extended only to owners 65 and over or disabled.
Full Name Address
Income Information: included the income from all household members:
Full Name
SSN Source Annual Income
Total Household Income: $____________
Parcel Number:
Signature Date
For Office Use Only
Approved ( ) Denied ( )
Signature Date
RESIDENTIAL SOLID WASTE SERVICE FEE
Residential $132.00 Seasonal 99.00 Low Income Senior Citizen 66.00
79
Low Income Disabled Citizen 66.00
(Solid Waste Ordinance-EXHIBIT B)
80
(Solid Waste Ordinance-EXHIBIT CB)
81
Commercial Solid Waste Registration Form
Beltrami County Solid Waste
2491 Adams Ave NW751 Industrial Park Dr SE
Bemidji, MN 56601
218-333-8105 Fax 218-333-4280
Commercial Solid Waste Registration Form
Name of Business_______________________________________________________________ Address_______________________________________________________________ City_______________________ State__________________ Zip Code__________ Owner / Contact of Business_______________________________________________________ Telephone___________________________ Fax_________________________________ Billing Address Name____________________________________________________________ Address_______________________________________________________________ City_________________________ State__________ Zip Code_________________ Telephone__________________Fax__________________E-Mail__________________ Property Tax Parcel Number____________________________________________________ Do You Own Property Business Is Located On? • Yes • No If No, Please Indicate Property Owner Name__________________________________________ Address_______________________________________________________________ City_______________________ State___________________ Zip Code__________ Telephone__________________________Fax_________________________________ Solid Waste Hauler Name________________________________________________________ If This Business Is Already Registered Please Include Account Number____________________ This information must be as complete and accurate as possible. Please mail to the address above or give to your hauler. Signed_______________________________________ Title_____________________________ Beltrami County Assigned Account Number_______________ Date____________________
82
(Solid Waste Ordinance-EXHIBIT DC)
Application for Solid Waste Charge Account
Business Need:
Use Demo Landfill or Deliver By-Pass Material to the Transfer Station more than 36 times a year,
Multiple Drivers
Charge Account Cards are required. # Cards Required_________________
Name of Business_______________________________________________________________ Address_______________________________________________________________ City_______________________ State__________________ Zip Code__________ Owner / Contact of Business_______________________________________________________ Telephone___________________________ Fax_________________________________ Billing Address Name____________________________________________________________ Address_______________________________________________________________ City_________________________ State__________ Zip Code_________________ Telephone__________________ Fax__________________
E-Mail_________________________________________________________________
Preferred Method to Receive Invoices: □ Email □ Mail □ Both Property Tax Parcel Number (Used for Delinquent Accounts) _____________________________________ Do You Own Property Business Is Located On? • Yes • No
If No, Please Indicate Property Owner Name__________________________________________
Address_______________________________________________________________
City_______________________ State___________________ Zip Code__________
Telephone__________________________Fax_________________________________
This information must be as complete and accurate as possible. Please mail to the address below.
Signed_______________________________________ Title_____________________________
Beltrami County Solid Waste 2491 Adams Ave NW751 Industrial Park Dr SE Account Number Assigned: ___________________________
83
Bemidji, MN 56601 218-333-8187 8105 Fax 218-333-4280
(Solid Waste Ordinance-EXHIBIT ED)
Beltrami Solid Waste Department
SOLID WASTE HAULER LICENSE APPLICATION
License Name:
License #:______________________________
Date of Issuance: __________________ ___
Renewal Date: ______________________
License #:
_____________________________
Date of Issuance: _________________
Renewal Date:
Section I. Business Identification
1. Name ____________________________________
2. Address______________________________________________________
3. Telephone number ; E-mail:
4. Applicant is a(n) circle one:
Individual
Partnership
Corporation
Association
Local Government
Other: _
5. Business Name (if different from Name) _
6. Business Address (if different from Address) _
7. Business Telephone and E-mail (if different) _
8. Contact Person and Title _____________________________
84
9. Individuals who are non-residents of the Countycounty, corporations, partnerships and associations must appoint a
person who is a legal Minnesota resident as its manager or agent.
Contact Person:
Contact Address:
Contact Telephone:
Contact E-mail: ____________________
Contact Website:
(Solid Waste Ordinance-EXHIBIT FE, Page 1 of 10)
10. List Officers or Partners etc.
Name Address Title
11. Social security number or Minnesota business identification number as required by the Minnesota Department of Revenue under Minn. Stat. 270.72 (1995).
Section II. Hauler License Types:
The information contained in Exhibit A (enclosed) should be reviewed by all
potential applicants to determine which type(s) of solid waste and solid
waste services require a license from Beltrami CountyCounty. Dependent
upon the type(s) of wastes serviced, the location the service is provided
and the manner in which the service is rendered will determine the type of
license(s) required.
Applicants seeking either the Area Waste Hauler Collector License or Area
Waste Hauler Transportation License shall indicate which County(ies)
they operate within, and return a signed Exhibit B form for each of
those County(ies) that contains the signature(s) from the appropriate
Solid Waste Officer(s) stating the applicant meets all legal requirements
to operate in that jurisdiction(s) for each type of waste they offer waste
hauling services.
Haulers shall indicate below which license(s) they wish to apply for:
Designated Collectors (collection of burnable MSW to be delivered to
the Bemidji Transfer Station):
______Local Waste Hauler Collector License ( Self or Commercial)
“Circle One”
Non-Designated
Coll
ecto
rs:
(coll
ectio
n
and/
or
tran
spor
tatio
n of
thos
e
type
s of
solid
wast
e(s)
that
requ
85
ire a license in Beltrami County to be delivered to
the Beltrami County Demolition Landfill, and
charged to that Hauler)
______Local Waste Hauler Transportation License
(Solid Waste Ordinance-EXHIBIT FE, Page 2 of 10)
86
Section III. License Application Process
The Applicant applicant herein applies for a license to operate a Local local Solid solid Waste waste Collection
collection and/or Transportation transportation Hauling hauling Service service within Beltrami Beltrami County,
Minnesota.
All applicants are herein referred to the Beltrami County county Solid solid Waste waste Ordinanceordinance,
currently on file in the County county Auditor's auditor's Office office and available on the Beltrami Beltrami County
county website. The provisions of the Beltrami County county Solid solid Waste waste Ordinance ordinance state
the authority for this license and the specific application requirements contained therein.
This license shall be good for a period of up to one year and shall expire on December 31 of the year for which it
was issued, unless continued by the Beltrami County county Board board of Commissionerscommissioners.
In accordance with the provisions of the Polk Beltrami County Solid solid Waste waste Ordinanceordinance,
issuance of this license shall be contingent upon the Applicant applicant furnishing the following at a minimum:
A - License Fee. License fee of $100 per license/vehicle, payable to Beltrami County Solid Waste.
B - Bond. A bond in the amount of $5,000 naming Beltrami County County as Obligeoblige. A single
bond may serve both a Collection Hauler and Transportation Hauler License, or a Polk Beltrami
County License and Non-Polk Beltrami County Hauler License.
C - Commercial General Liability Coverage. Occurrence based liability policy which shall include, but not
limited to, coverage for bodily injury, property damage, personal injury, contractual liability (applying
to this license, independent licensee, and "XC&U". As an alternative, an Insurance Services Office
Comprehensive General Liability policy that includes a "Broad Form Endorsement" shall be
considered acceptable policy form. General liability coverage in the amount of $1,000,000 single
occurrence, $2,000,000 aggregate, shall apply to liability for bodily injury, personal injury and
property damage
D - A completed Certification of Compliance with Minnesota's Workers Compensation Law (MN.
DOLI) E - Service Area I Route map.
F - Beltrami County Commercial Burnable MSW Report
G - Current Fee Schedule/Hauling Rates
H - Current Equipment DOT Inspections
I - Current Certified Operational On-Board Scale for Commercial collection vehicle (3rd
Party Verified)
87
(Solid Waste Ordinance-EXHIBIT FE, Page 3 of 10)
Section IV. Collection and Transportation Vehicles and Equipment
A. Primary Equipment Available: List all collection and transp01iation transportation vehicles to be used and
evidence of current safety inspection(s): (Supply a copy of current MN MnDoOT Vehicle vehicle
Inspection inspection Rep01i report for each vehicle listed) All vehicles shall have leak-proof bodies of
easily cleanable construction and shall be completely covered with metal, canvas, or fishnet type
material to prevent their contents from escaping. Each vehicle shall be clearly marked by either print,
paint or decal, with the name, address and phone number of the service provider. Vehicle numbers and
letters shall be a minimum of 3" in height.
License Plate Model Capacity (cu. yd) Tare Wt.
B. Backup Equipment Available: List of all collection and transportation vehicles to be used in a back-up
capacity to the primary equipment listed above. MN MnDOTDoT Vehicle vehicle Inspection inspection
Report report shall be furnished before being put into use.
License Plate Capacity (cu. yd) Tare Wt.
C. Solid Waste Collection Containers: Each cart, dumpster, roll-off type container or other storage device used
as a part of their solid waste service shall be clearly marked by either print, paint or decal, with the name,
address and phone number of the service provider. Container numbers and letters shall be a minimum of
2" in height.
88
(Solid Waste Ordinance-EXHIBIT FE, Page 4 of 10)
Section V. Solid Waste Services Offered (check applicable)
Traditional Solid Waste Stream Material Types (Mark with an "X" as appropriate):
MATERIAL
TYPE “X”
Burnable MSW
Non-burnable MSW (Bypass)
Demolition Debris
Industrial Waste
Asbestos
Yard Waste
SSOM Compost
Traditional Recycling Material Streams (Circle as appropriate):
MATERIAL
TYPE
Single Stream
Dual Stream
Source Separated:
Aluminum
Tin/Steel
Glass
Plastics
Mixed
Paper
Cardboard
Other (list): ------------------------------------
89
(Solid Waste Ordinance-EXHIBIT FE, Page 5 of 10)
Special Waste/Recycling Material Streams (Circle as appropriate):
Appliances
Electronics
Scrap Metal
Used:
Oil/Filters
Tires
Lead Acid Battery
Flu. Bulb/Ballast
Carpet/Textiles
Wood Waste
Flu. Bulb/Ballast
Carpet/Textiles
Wood Waste
Other (L is t ) :________________
Other (L is t ) :________________
Other (L is t ) :________________
The Hauler is required to provide to Beltrami County Solid solid Waste waste Departmentdepartment, using
enclosed forms, an ANNUAL annual report of the total quantity and type of recyclable materials collected from
Beltrami County businesses and residents, and the market destination for each. Unless otherwise requested by
Beltrami County Solid solid Waste waste Departmentdepartment, the Annual annual Recycling recycling report
shall be submitted by February 15th as a requirement part of that years' Waste waste Haulers haulers
Licenselicense. This information is used to complete the required State state Recycling recycling Report report
(SCORE Report).
90
The Hauler is required to provide to Beltrami County Solid solid Waste waste Departmentdepartment, using
enclosed forms, a monthly report of the total quantity and type MSW collected from Beltrami County businesses,
weight/volume will be determined at time of pickup. Unless otherwise requested by Beltrami County Solid solid
Waste waste Departmentdepartment, the Monthly monthly Hauling hauling report shall be submitted by February
10th 15th as a requirement part of that years' Waste waste Haulers haulers Licenselicense. This information is used
to determine Non non-Rresidential Service service Fee fee and Annual annual State state Reportingreporting.
(Solid Waste Ordinance-EXHIBIT FE, Page 6 of 10) Section VI. Service Area(s) and Route(s) All Haulers, shall indicate (by shading the map below) those areas in which they provide the following
type(s) of service indicated: Residential burnable MSW service, Commercial commercial burnable MSW
service and Non burnable MSW service.
91
(Solid Waste Ordinance-EXHIBIT FE, Page 7 of 10)
Section VII. Volume or Weight Based Pricing
As of January 1, 1993, in accordance with Minnesota Statues 115A.93 Subdivision 3 (Licensing of Solid solid Waste
waste Collectioncollection) Beltrami County requires that all licensees impose charges for collection of Mixed mixed
Solid solid Waste waste that increase with the volume or weight of the waste collected. Licensees shall establish a
multiple unit pricing system that ensures that amounts of waste generated in excess of the base unit amount, are
92
priced higher than the base unit price.
Furthermore, licensees cannot charge residents who recycle more than residents who do not recycle. This means
licensees may include a recycling charge in fees and then residents can chose whether or not to recycle.
The Hauler hauler must submit with this application that documentation necessary to establish that they use a volume
based pricing schedule.
Section VIII. Waste Deposit Disclosure (Minn. Stat. 115 A.9302)
State law requires that each year between January 1 and March 31, a person who collects construction debris, industrial
waste, or MSW for transportation to a waste facility, must disclose to each waste generator from whom waste is collected
the name and location of the disposal or processing facilities used, the type of permit held by the facility and the permit
number, and the approximate waste deposited at each of the two primary facilities used. The disclosure must be made in
writing at least once a year.
All written disclosures must contain the following statement:
"You may be responsible for any liability that results from contamination at a facility where your waste has
been deposited. Minnesota believes that its waste management system provides substantially more
financial and environmental protection titan then depositing waste in landfills in other states. Managing your
waste in Minnesota may minimize your potential liability."
If the primary facilities identified by the hauler are not located in Minnesota then the disclosure must state:
"The landfill to which your waste may be sent during the current calendar year is not a Minnesota landfill."
A. Hauler is in compliance with the aforementioned Waste Deposit Disclosure
requirement? Yes or No
(Solid Waste Ordinance-EXHIBIT FE, Page 8 of 10)
Section IX. Attachment Checklist
A. The following must be attached to this license application for the application to be considered complete:
93
License Fee(s) ($100 ea.)
______Bond
______Certificate of Insurance
Vehicle Safety Inspection Report(s)
Description of Routes within County
______Documentation of Volume/ Weight Based Pricing
MN's Worker Comp Certification
______Notarization
1. All employees will perform all duties in a manner consistent with the intent of the Beltrami County Solid
Waste Ordinance.
2. The licensee will comply with the statutes and regulations applicable to the Minnesota Department of
Labor and Industry on matters pertaining to occupational safety and health. On specific matters
concerning equipment safety, fire prevention and employees safety requirements, contact the Accident
Prevention Division of the Department of Labor and Industry. (Phone (651) 296-6116)
3. As of January 1, 1993, in accordance with Minnesota Statues 115A.93 Subdivision 3 (Licensing of
Solid Waste Collection) Beltrami County requires that all licensees impose charges for collection of Mixed
Solid Waste that increase with the volume or weight of the waste collected. Licensees shall establish a
multiple unit pricing system that ensures that amounts of waste generated in excess of the base unit
amount, are priced higher than the base unit price.
Furthermore, licensees cannot charge residents who recycle more than residents who do not recycle.
This means licensees may include a recycling charge in fees and then residents can chose whether or not
to recycle.
(Solid Waste Ordinance-EXHIBIT FE, Page 9 of 10)
Section X. Affidavit of Applicant
Being duly sworn, deposes and says, that the information enclosed in this
Applicationapplication, is to the best of his/her knowledge and belief, true and correct, and that he/she will comply
with all applicable laws and regulations, including, but not limited to, the Beltrami County County Solid Solid Waste
94
Waste OrdinanceOrdinance, Minnesota Pollution Control Agency regulations, Minnesota Public Service Commission
regulations, Minnesota Department of Labor and Industry regulations, Minnesota Department of Revenue regulations,
and the conditions of the license issued hereunder.
Applicant Signature _
Subscribed and sworn before me this day of , 20
Notary Public
Section XI. Action Taken on Application (To be completed by County)
Recommended for: Approval ________Denial
Solid Waste Administrator Chairman of County BoardSolid Waste Administrator
Date Date
(Solid Waste Ordinance-EXHIBIT FE, Page 10 of 10)
Beltrami County Pre-Renovation/Demolition
Environmental Checklist
95
Minn. R. 7035.0805 requires that you remove the items below before starting a renovation or demolition project, and then manage and recycle or dispose of them correctly. This checklist is provided to help you manage the project and does not need to be submitted to the Beltrami County Solid Waste Office, 751 Industrial Park Dr SE, Bemidji, 56601, NLT 5 days prior to demolition and will be available to haulers and solid waste facilities to show proper abatement has been done.
Project Information
Structure owner Structure information
Name: Building name:
Address: Address/Location:
City, State, Zip: City, State, Zip:
Contact name: Age of bldg (yrs): Size of bldg (sq ft):
Phone number: Present use of bldg:
Demolition contractor Prior use of bldg:
Name:
Address:
Dates of renovation, demolition, or fire training burn:
City, State, Zip: Start date: End date:
Contact name: (mm/dd/yy) (mm/dd/yy)
Phone number:
Mercury Qty Qty Qty
Batteries Firestats:
Smoke detectors: Manometers: Boiler insulation:
Emergency lighting systems: Thermometers: HVAC duct insulation:
Elevator control panels: Boilers, furnaces, heaters, Ductwork flexible fabric
Exit signs: and tanks connections:
Security systems and alarms: Mercury flame sensors by Fireproofing materials:
Lighting pilot lights: Fire doors:
Fluorescent lights: Manometers, thermometers, Flooring:
High intensity discharge gauges: Vinyl floor tile:
Metal halide: Pressure-trol: Vinyl sheet flooring:
High pressure sodium: Float or level controls: Asphalt tile:
Mercury vapor: Space heater controls: Linoleum paper backing:
Neon: Electrical systems Mastic/glue (floor tile, carpet, etc.)
Switches for lighting using Load meters & supply relays: Electrical
mercury relays (look for any Phase splitters: Electrical panels:
control associated with exterior Micro relays: Electrical wiring insulation:
or automated lighting systems): Mercury displacement relays: Heating and electrical
“Silent” wall switches: Asbestos ducts/conduit:
Heating, ventilating, and Boiler rooms Pipe and other insulation
air conditioning systems Boilers, furnaces, fireplaces, Aircell (corrugated cardboard):
Thermostats: and their components: Millboard:
Aquastats: Cement sheets near heating Preform:
Pressurestats: equipment: Joint compound:
96
Asbestos (continued) Qty Qty Qty
Spray applied insulation: ChloroFluoroCarbons Lead-acid batteries (lighting, exit
Blown-in insulation: Fire extinguishers (both portable signs, security systems):
Block: and installed halon suppression Lead flashing molds and
Surfacing materials systems): roof vents:
Acoustical plaster: Air conditioners (rooftop, room, Lead pipes and solder:
Decorative plaster: and central): Lead-lined X-ray rooms:
Textured paints & coatings: Walk in coolers (refrigeration
Spray-applied materials or cold storage areas): Other
(acoustical, decorative, or insulative): Water fountains and Solid waste (all non-building
Roofing dehumidifiers: components such as unattached
Roofing shingles: Refrigerators/freezers/chillers: carpet, files, books, trash, desks,
Roofing felt: Heat pumps: chairs, etc.) must be removed
Base flashing: Vending machines/food prior to demolition:
Cement materials (Transite) display cases: Hazardous waste (including
Cement pipes (flues & vents): household) must be properly
Cement wallboard: Poly-Chlorinated handled and disposed of prior
Cement siding: BiPhenyls (PCBs) to demolition:
Pegboard: Transformers: Oil (used oil, hydraulic oils in door
Ceiling materials Transistors: closers, elevator shafts, etc.)
Ceiling titles: Capacitors: must be collected and properly
Ceiling tile adhesives (pucks): Heat transfer equipment: disposed of prior to demolition:
Lay-in ceiling panels: Light ballasts: Tanks (no evidence of former
Acoustical tiles: heating tanks or storage tanks
Miscellaneous Lead exist):
Taping, joint, and spackling Lead-based paint (woodwork, Appliances must be recycled
compound: metal equipment, interior/ by an appliance recycler:
Caulking/putties: exterior uses): Electronics:
Fire curtains and blankets:
Laboratory hoods, table
tops, gloves, etc.:
Gaskets:
If you have questions or comments about this checklist, identify any additional items not found in this list, or would like to discuss an individual project, contact the Minnesota Pollution Control Agency at 651-296-6300 or 1-800-657-3864.
Affiliation with project: Title:
Printed name: Date:
Important Note: This guidance document is not intended as a substitute for reading Minnesota Rules and Statutes and making your own independent determination of their applicability to your renovation/demolition project. Examples in this guidance document do not represent an exhaustive listing of type of materials that may be required to be removed from a building prior to renovation/demolition.
(Solid Waste Ordinance-EXHIBIT F)
97
98
** IF NEED NECESSARY, PLEASE MAKE ADDITIONAL COPIES **
(Solid Waste Ordinance-EXHIBIT GG)
99
(Solid Waste Ordinance-EXHIBIT H
100
(Solid Waste Ordinance-EXHIBIT I Page 1 of 2)
101
(Solid Waste Ordinance-EXHIBIT I Page 2 of 2)
102
APPLICATION FOR ABATEMENT
SOLID WASTE USER FEE
Return to: Beltrami County Solid Waste Office
Attention: Abatement Solid Waste User Fee
2491 Adams Ave NW751 Industrial Park Dr SE
Bemidji, MN 56601
Phone: 218-333-81878105
Payable Year:
Applicant Name and Address: With Property Tax ( )
Phone Number:
Parcel Number:
Township:
Reason for abatement:
Signature Date
For Office Use Only
Original Amount: Revised Amount:
Parcel Number:
Notes:
Approved ( ) Denied ( )
Signature Date
(Solid Waste Ordinance-EXHIBIT JH)
103
BELTRAMI COUNTY SOLID WASTE
COMMERCIAL OUT OF BUSINESS NOTICE
BELTRAMI COUNTY SOLID WASTE ACCOUNT NUMBER: ____________________________
BUSINESS NAME
_________________________________________________________________
BUSINESS ADDRESS ___________________________________________________
_______________________________________________________________
BUSINESS OWNER NAME _____________________________________________
BUSINESS OWNER
ADDRESS________________________________________________________
____________________________________________________________
TELEPHONE____________________ OUT OF BUSINESS AS OF _________________
SIGNATURE __________________________________ DATE________________
PLEASE RETURN TO: BELTRAMI COUNTY SOLID WASTE
2491 ADAMS AVE NW751 INDUSTRIAL PARK DR SE
BEMIDJI, MN 56601
FAX TO: 218-333-4280
FOR OFFICE USE ONLY
PRORATED TOTAL DUE ______________________
TOTAL BALANCE DUE _______________________
BALANCE PAID _______________________
DATE _________________ SIGNATURE __________________________
(Solid Waste Ordinance-EXHIBIT KI)
104
BELTRAMI COUNTY -APPLICATION FOR JUNKYARD/SCRAP DEALER LICENSE
Business Name: ______________________________________________________________ Business Address: ____________________________________________________________ MN Business Tax Identification Number: __________________________________________ Name of Contact Person/Owner: _________________________________________________ Location – Legal description of site, if different from Business Address: ____________________________________________________________________________ Application Type (check one) : Renewal ( ) New License ( ) Year first licensed in Beltrami County (If renewal application): _____________ Licensee agrees to abide by all appropriate laws of the State of Minnesota, Regulations of the MN Pollution Control Agency, the County Solid Waste Ordinance and all other applicable regulations of Beltrami County, Minnesota. This license may be revoked or refused by the County Board of commissioners for cause. Any action by Licensee, in violation of the above standards or refusal by a Licensee to correct such defective work performed by the Licensee or agent or to provide additional information requested by the County shall be cause for revocation of, or refusal to renew, a license and the forfeiture of bond. I hereby certify I have read and understand the aforementioned. ANNUAL BOND AMOUNT $___510,000.00_______ ANNUAL LICENSE FEE $ 100.00 ___________________________________________________________________________ Applicants Signature Date ___________________________________________________________________________ Beltrami County Board Chair Date (New applications only) ________________________________________________________________________ Township Board Chair (where required) Date ________________________________________________________________________ Beltrami County Solid Waste Adm. Date
(Solid Waste Ordinance-EXHIBIT LJ)
105
LICENSED RECYCLERS/JUNKYARD OPERATORS
The following is required as part of license to operate in Beltrami County. The County is not
interested in income you may or may not have received from the items. The numbers are to
assist the County in reaching state mandates for recycling.
We appreciate your cooperation and again we only want numbers not income.
Thank you in advance for your assistance and cooperation.
___________________________ _____________
Signature Date
(Solid Waste Ordinance-EXHIBIT MK)
