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JACKSON COUNTY SOLID WASTE ORDINANCE

ADOPTED, FEBRUARY 10, 1992

JACKSON COUNTY SOLID WASTE ORDINANCE

TABLE OF CONTENTS

SECTION I. DEFINITIONS.................................................................................Page 2

SECTION II. PURPOSE AND GOALS..............................................................Page 10

SECTION III. GENERAL PROVISIONS-SOLID WASTER OFFICER

RESPONSIBILITIES ....................................................................Page 11

SECTON IV. SOLID WASTE DISPOSAL FACILITIES...................................Page 12

SECTION V SOLID WASTE STORAGE..........................................................Page 15

SECTION VI COLLECTION AND TRANSPORTATION

OF SOLID WASTE.......................................................................Page 18

SECTION VII SOLID WASTE DISPOSAL BY

SANITARY LANDFILL...............................................................Page 20

SECITON VIII SOLID WASTE DISPOSAL BY INCINERATION.....................Page 21

SECTION IX SOLID WASTE DISPOSAL BY COMPOSTING .......................Page 22

SECTION X TRANSFER STATIONS...............................................................Page 23

SECTION XI DEMOLITION DEBRIS DISPOSAL ........................................... page 24

SECTION XII WASTE TIRES..............................................................................Page 25

SECTION XIII SPECIAL WASTE.........................................................................Page 26

SECTION XIV RECYCLING FACILITY/RECYCLING

COLLECTION LICENSE.............................................................Page 28

SECTION XV MANDATORYSOLID WASTE COLLECTION /

RECYCLING MATERIAL SEPARATION .................................Page 30

SECTON XVI PERMITS AND LICENSE FOR SOLID WASTE

COLLECTION AND TRANSPORTATION ................................Page 32

SECTION XVII LICENSE FEES.............................................................................Page 36

SECTION XVIII RATES AND CHARGES FOR SOLID WASTE

MANAGEMENT WHEN PROVIDED BY THE COUNTY .......Page 37

SECTIONS XIX LITTER..........................................................................................Page 39

SECTION XX ENFORCEMENT AND INSPECTION ........................................Page 40

SECTION XXI VIOLATIONS AND PENALTIES ...............................................Page 41

SECTION XXII VARIANCES.................................................................................Page 44

SECTION XXIII NONCONFORMING SITES AND FACILITIES

AND COLLECTION OF SOLID WASTE ...................................Page 45

SECTION XXIV ADDITIONAL REQUIREMENTS...............................................Page 46

SECTION XXV SEVERABILITY...........................................................................Page 47

SECTION XXVI PROVISIONS ARE ACCUMULATIVE ......................................Page 48

SECTION XXVII NO CONSENT ..............................................................................Page 49

SECTION XXVIII OTHER ORDINACNES AND REGULATIONS.........................Page 50

SECTION XXIX EFFECTIVE DATE.......................................................................Page 51

“ORDINACNE NUMBER 101”

COUNTY OF JACKSON, STATE OF MINNESOTA

SOLID WASTE ORDINANCE

The Solid Waste Management Ordinance for Jackson County is an ordinance authorizing

and providing for County Solid Waste Management; establishing powers and duties in

connection therewith; establishing standards and requirements for solid waste management

operations within incorporated and unincorporated areas of the County of Jackson; requiring a

license for storage, collection, transportation, processing, and disposal of solid waste, embodying

and supplementing the minimum standards and requirements established by rules of the

Minnesota Pollution Control Agency; providing for enforcement of said requirements; imposing

penalties for failure to comply with these provisions; requiring performance bonds and

insurance; and promoting the health, safety, and welfare of the public along with protecting

resources of water, air and land.

The County Board of Commissioners of the County of Jackson under the authority

provided in chapter 115, 115A, 116, 145.22, 145.23, 375, 400, 561.01 and 609.74 of the MN

State Statutes, does ordain:

SECTION I. DEFINITIONS

Unless specifically altered, terms and abbreviations used in this ordinance shall be

interpreted in a manner consistent with Minnesota Statutes, Chapter 115, 115A, 116 and 400 and

rules of the Agency, which have been or hereafter may be adopted under those provisions.

Terms and abbreviations used herein which are not specifically defined by law shall be construed

in accordance with the context and professional usage.

Subd. 1. “Agency” means the Minnesota Pollution Control Agency.

Subd. 2. “Air contaminant” means the presence in the outdoor atmosphere of any

dust, fumes, mist, smoke, vapor, gas or other gaseous fluid, or particulate substance differing in

composition from or exceeding in concentration the natural components of the atmosphere.

Subd. 3. “Air Pollution” means the presence in the outdoor atmosphere of any air

contaminant or combination thereof in such quantity, of such nature and duration, and under such

condition as would be injurious to human health or welfare, to animal or plant life, or to

property, or to interfere unreasonably with the enjoyment of life or property.

Subd. 4. “Backyard Compost Site” means a site used to compost food scraps or

yard waste generated by a single family or household, apartment building, or commercial office

building.

Subd. 5. “Brush Disposal Facility” a site used exclusively for disposal in or on the

land of trees and tree parts including stumps, branches, and their attached leaves. Such disposal

may include open burning and burial of the resulting ash or unburned tree parts.

Subd. 6. “Board” means the Jackson County Board of Commissioners.

Subd. 7. “Canister System” means one or more commercial solid waste storage

containers (such as “dumpsters”) located to function as an intermediate disposal facilities, and

which are serviced on a regular basis by a public or private hauler.

Subd. 8. “Collection” the aggregation of solid waste from the place at which it is

generated, and includes all activities up to the time the waste is delivered to a waste facility.

Subd. 9. “Collector(s)” any person(s) or entity specifically licensed by the County

under this Ordinance, who owns, operates, or leases vehicles for the purpose of collection and

transportation of garbage, rubbish, or other mixed municipal solid waste and recyclable materials

and to dispose of the same.

Subd. 10. “Co-Composting” the composting of mixed municipal solid waste with a

nutrient source or a bulking agent.

Subd. 11. “Compost Facility” a site used to compost or co-compost solid waste.

This includes all structures 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.

Subd. 12. “Composting” is the controlled microbial degradation of organic waste to

yield a humus-like product.

Subd. 13. “Container” a container for solid waste which meets the requirements set

forth in Section.

Subd. 14. “County” means any department or representative of the County who is

authorized by this ordinance or otherwise by the county Board to represent the County of

Jackson in the enforcement or administration of this ordinance.

Subd. 15. “Cover Material” is granular material approved by the Agency that is used

to cover compacted solid waste and demo-debris in a land disposal site. Important general

characteristics of good cover are low permeability, uniform texture, cohesiveness and

compactibility.

Subd. 16. “Demolition Debris” inert material that includes concrete, brick,

bituminous, untreated wood, masonry, glass, rock, and plastic parts resulting from the demolition

of buildings, roads, and other man-made structures. Demolition debris does not include solid

waste or asbestos waste.

Subd. 17. “Demolition Debris Land Disposal Facility” means a site used only to

dispose of demolition debris.

Subd. 18. “Disposal” has the meaning given it in MN Statutes Section 115A.03,

Subd. 10.

Subd. 19. “Dumping” the discharge, deposit, injection, 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 water.

Subd. 20. “Facility” all contiguous land, structures, monitoring devices, and other

improvements on the land used for monitoring, treating, storing, or disposing of solid waste,

leachate, or residuals from solid waste processing.

Subd. 21. “Farm” is a tract of land, ten (10) acres or more in size, which is

principally used for agricultural activities such as the production of cash crops, livestock or

poultry farming. Such farm may include agricultural dwelling and accessory buildings and

structures necessary to the operation of the farm.

Subd. 22. “Garbage” means material resulting from the handling, processing,

storage, preparation, serving and consumption of food.

Subd. 23. “Hazardous Waste or Toxic Waste” is any refuse or discarded materials or

combinations of refuse or discarded materials in solid, semi-solid, liquid, or gaseous form which

cannot be handled in a routine waste management techniques because they pose a substantial

present or potential hazard to human health or other living organisms because of their chemical,

biological or physical properties. Categories of hazardous waste material includes, but are not

limited to, explosives, flammables, oxidizers, poisons, irritants, and corrosives. Hazardous waste

does not include sewage sludge, and source materials, special nuclear waste or by product

material as defined by the “Atomic Energy Act of 1954”, as amended.

Subd. 24. “Household Hazardous Waste” any waste generated from household

activity that exhibits the characteristics of or that is listed as hazardous waste under agency rules,

but does not include waste from commercial activities that is generated, stored, or present in a

household. Household hazardous waste include, bat are not limited to paints, solvents, cleaners,

pesticides, herbicides, paint thinner, drain opener, varnishes, stains, and adhesives.

Subd. 25. “Illegal Dumping” means dumping of any garbage including littering,

demolition, white goods, batteries, rubbish, tires, or solid or hazardous waste other than approved

site or container.

Subd. 26. “Incineration” means the process by which solid wastes are burned for the

purpose of energy recovery or volume and weight reduction in facilities designed for such use.

Subd. 27. “Industrial Solid Waste” all solid waste generated from an industrial or

manufacturing process and solid waste generated from non-manufacturing activities such as

service and commercial establishments. Industrial solid waste does not include office materials,

restaurant and food preparation waste, discarded machinery, demolition debris, or household

refuse.

Subd. 28. “Intermediate disposal facility” means a facility for the temporary

collection, storage, reduction, recycling, or processing of solid waste prior to final disposal.

Subd. 29. “Land Pollution” means the presence in or on the land of any solid waste

in such quantity, or such nature or duration, and under such conditions as would affect

injuriously any waters of the state, create air contaminants or cause air pollution.

Subd. 30. “Licensee” means a person who has been authorized by issuance of a

license by the County Board for solid waste management purposes pursuant to this ordinance.

Subd. 31. “Local Government Unit” means, cities, towns and counties.

Subd. 32. “Major Appliances” means clothes washers, dryers, dishwashers, garbage

disposals, trash compactors, conventional and microwave ovens, ranges and stoves, air

conditioners, refrigerators, freezers, residential furnaces, hot water heaters, and dehumidifiers.

Subd. 33. “Mixed Municipal Solid Waste” has the meaning given it in MN Statues,

Section 115A.03, subd. 21. Garbage, refuse, and other solid waste from residential, commercial,

industrial, and community activities that the generator of the waste aggregates for collection, but

does not include hulks, street sweepings, ash, construction debris, mining waste, sludge, tree and

agriculture wastes, tires, lead acid batteries, used oil, and other materials collected, processed,

and disposed of as separate waste streams.

Subd. 34. “Municipality” a city, village, borough, county, town, sanitary district,

school district or other governmental subdivision or public corporation or agency created by the

legislature.

Subd. 35. “Office” means the Office of Waste Management.

Subd. 36. “Open Burning” burning any matter whereby the resultant combustion

products are emitted directly to the open atmosphere without passing through an adequate stack,

duck, or chimney.

Subd. 37. “Open Dump or “Dump” a land disposal site at which solid waste is

disposed of in a manner that does not protect the environment, is susceptible to open burning,

and is exposed to the elements, flies, rodents and scavengers.

Subd. 38. “Operation” means any site, facility, or activity relating to solid waste

management.

Subd. 39. “Operator” person responsible for the overall operations of a facility.

Subd. 40. “Owner and Occupant” the person(s) or entity(ies) which hold legal or

beneficial title to a property and the person(s) or entity(ies) which have or exercise possession or

occupancy of a property respectively.

Subd. 41. “Person” means any human being, any municipality or any other

governmental or political subdivision or public agency, any public or private corporation, any

partnership, firm, association, or other business organization, any receiver, trustee, assignee,

agent, or other legal representative or any of the foregoing, or any other legal entity.

Subd. 42. “Pollutant” has the meaning given it in MN Statutes, Section 115.01,

Subd. 13.

Subd. 43. “Post Closure & Post-Closure Care” actions taken for the care,

maintenance, and monitoring of a facility after closure that will prevent, mitigate, or minimize

the threat to public health and environment posed by the closed facility.

Subd. 44. “Processing” the treatment of solid waste after collection and before

disposal. Processing includes but is not limited to volume reduction, storage, separation,

exchange, resource recovery, physical, chemical, or biological modification, and transfer from

one waste facility to another.

Subd. 45. “Putrescible Material” means solid waste which is capable of becoming

rotten or which may reach a foul state of decay or decomposition.

Subd. 46. “Recovered Materials” materials that have been separated from solid

waste and stored so that the material is properly protected from environmental degradation and is

not a source of odor, harborage for skunks, rodents or mosquitoes and is being processed,

modified, or converted to be a raw material that may be beneficially used.

Subd. 47. “Recycling” is the process of collecting and preparing recyclable materials

and reusing the materials in their original form or using them in manufacturing processes that do

not cause the destruction of recyclable materials in a manner that precludes further use.

Subd. 48. “Recycling Center” is either a county facility for receiving, processing and

marketing recyclable materials or a privately operated facility performing the same functions.

Subd. 49. “Recyclable Materials” materials that are separated from mixed municipal

solid waste for the purpose of recycling, including paper, glass, plastics, metals, automobile oil,

and batteries. Refuse derived fuel or other material that is destroyed by incineration is not a

recyclable material.

Subd. 50. “Refuse” means putrescible and non-putrescible solid wastes, including,

but not limited to, garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings,

market and industrial solid wastes, and sewage treatment wastes which are in a dry form.

Subd. 51. “Rubbish” non-putrescible solid wastes, including but not limited to ashes

and combustible and non-combustible wastes, such as paper, cardboard, tin cans, yard clippings,

wood, glass bedding, crockery, or litter of any kind.

Subd. 52. “Sanitary District” a sanitary district with the authority to regulate solid

waste.

Subd. 53. “Sanitary Landfill” means a land disposal site, permitted by the Agency,

employing an engineered method of disposing of solid waste on land in a manner that minimizes

environmental hazards by spreading the solid waste in thin layers, compacting the solid waste to

the smallest practical volume, and applying cover material at the end of each operation day, or at

intervals as may be required by the Agency.

Subd. 54. “Scavenging” all unauthorized removal of solid waste materials from a

solid waste disposal facility.

Subd. 55. “Service Area” is enacted pursuant to Minnesota Statute 400.08 which

grants Jackson County the authority to establish and determine the boundaries of the solid waste

management areas in the County. The County Board may impose service charges for the area.

The Jackson County Solid Waste Ordinance may require mandatory solid waste collection and

mandatory recycling separation in the service area.

Subd. 56. “Shoreland” means land located within the following distances from the

ordinary high water elevation of public waters:

(a) land within 1,000 feet from the normal high watermark of a lake, pond or

flowage

(b) land within 300 feet of a river or stream of the landward side of flood

plain delineated by ordinance on such a river or stream, whichever is

greater.

Subd. 57. “Solid Waste” means garbage, refuse, sludge from a water supply

treatment plant or air contaminant treatment facility, and other discarded solid materials and

sludges, in solid, semisolid, liquid, or contained gaseous form, resulting from industrial,

commercial, mining, and agricultural operations, and from community activities, but does not

include hazardous waste; animal waste used as fertilizer; earthen fill, boulders, rock; sewage

sludge; solid or dissolved material in domestic sewage or other common pollutants in water

resources, such as silt, dissolved or suspended solids in industrial waste water effluents or

discharges which are point sources subject to permits under section 402 of the Federal Water

Pollution Control Act, as amended, dissolved materials in irrigation return flows; or source,

special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as

amended.

Subd. 58. “Solid Waste Collection Service” the collection and transportation of solid

waste generated by any person, residential, business, commercial, governmental, or industrial

unit in Jackson County by a hauling service for hire by the generator, or a demolition debris

hauling service that transports solid waste separated or mixed with demolition debris, or a

service hauls recyclables.

Subd. 59. “Solid Waste Facility” all property real or personal, including negative

and positive easements and water and air rights, which is or may be needed or useful for the

processing or disposal of waste. It includes but is not limited to the storage, collection,

transportation, processing and reuse, conversion, or disposal of solid waste in a safe

environmentally sound manner.

Subd. 60. “Solid Waste Management” means the storage, collection and removal of

solid waste from public or private property, its transportation to intermediate or final disposal

facilities and its disposal by approved methods, the management of a recycling program, solid

waste education and other solid waste operations or services.

Subd. 61. “Source Separated Materials” materials that are separated from solid

waste by the generator and recovered for reuse in their original form or for use in

manufacturing processes.

Subd. 62. “State” means the State of Minnesota.

Subd. 63. “Transfer Station” means an intermediate waste facility in which solid

waste collected from any source is temporarily deposited to await transportation to another

waste facility.

Subd. 64. “Waste” means solid waste, sewage sludge and hazardous waste.

Subd. 65. “Waste Reduction” an activity that prevents generation of waste including

reusing a product in its original form, increasing the life span of a product, reducing material

used in production or packaging, or changing procurement, consumption, or waste generation

habits to result in smaller quantities of waste generated.

Subd. 66. “Waste Tire” is a tire that is no longer suitable for its original intended

purpose because of wear, damage, or defect.

Subd. 67. “Waste Tire Collection Site” a licensed waste facility used for the storage

of waste tires prior to their transport to a waste tire processing facility.

Subd. 68. “Water Pollution” means the contamination of any waters of the state so as

to create a nuisance or render such waters unclean, obnoxious or impure, so as to be actually or

potentially harmful or detrimental or injurious to public health, safety or welfare, to domestic,

commercial or industrial use, or to animals, birds, fish or other aquatic life.

Subd. 69. “Water of the State” means all streams, lakes ponds, marshes, water

courses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, and all other bodies

or accumulations of water, surface or underground, natural or artificial, public or private,

which are contained within, flow through or border upon the state or any portion thereof.

Subd. 70. “Yard Waste” means the garden wastes, leaves, lawn cuttings, weeds and

prunings generated at residential or commercial properties.

Subd. 71. “Yard Waste Compost Facility” a site used for the composting of yard

waste which is (a) operated by the county or the municipality or; (b) operated by a private

person or entity and permitted by the Minnesota Pollution Control Agency to accept yard

waste.

SECTION II. PURPOSE AND GOALS

The Jackson County Board of Commissioners has determined this Ordinance be adopted

to:

Subd. 1. Protect the public’s health, prevent public nuisances, and prevent

contamination of the groundwater and other environments of Jackson County from solid waste

through the control of number, location and operation of such facilities.

Subd. 2. Preserve and protect our land and water resources.

Subd. 3. Assure that all individuals are informed and responsible for their actions

regarding solid waste that may affect the environment and the community now and in the future.

Subd. 4. Support activities that will promote use and reuse of materials found in

solid waste that would otherwise be disposed in ways that would not recapture the useful

characteristics of its components.

Subd. 5. Augment, supplement and support existing Jackson County and State of

Minnesota controls on solid waste.

Subd. 6. Embody the purposes found in Minnesota State Laws and Rules on solid

waste.

Subd. 7. The Jackson County Solid Waste Ordinance shall follow Minnesota

Statutes, including but not limited to Chapters 17.135, 115, 115A, 116, 145.22, 145.23, 375, 400,

561.01, 609.671, 609.68 and 609.74.

SECTION III. GENERAL PROVISIONS - SOLID WASTE OFFICER

RESPONSIBILITIES

The Environmental Service Officer shall have all necessary authority to implement and

carry out the provisions of this Ordinance including, but not limited to, the following:

Subd. 1. The Environmental Services Officer shall be certified with Minnesota

Pollution Control Agency for Waste Disposal Facilities Inspector Type II, in accordance with the

provisions of Minnesota Statutes, Section 116.41, Subd. 2.

Subd. 2. To review and consider all license applications and supporting materials

which are required to him/her for operations within the County, and after consideration, to

recommend in writing with documentation to the County Board that a license may be granted or

denied.

Subd. 3. To inspect operations to determine compliance with this Ordinance and to

investigate complaints which violate this Ordinance.

Subd. 4. To recommend, after first consulting with and obtaining approval from the

County Board of Commissioners, to the County Attorney that legal proceedings be initiated

against a person to compel compliance with the provisions of this Ordinance or to abate or

control an operation not in compliance with this Ordinance.

Subd. 5. To encourage and conduct studies, investigations and research relating

aspects of solid waste management, including, but not limited to, methodology, chemical and

physical considerations, and engineering.

Subd. 6. To advise, consult, and cooperate with the public and other governmental

agencies in furtherance of the purpose of the Ordinance.

Subd. 7. To plan, implement and administer all County operated waste abatement

measures.

SECTION IV. SOLID WASTE DISPOSAL FACILITIES

Subd. 1. No person shall operate a solid waste disposal facility nor allow, permit, or

cause his land to be used as a solid waste disposal facility without a valid license issued by

Jackson County.

Subd. 2. In order to obtain a license to operate a solid waste facility an individual

must first complete an application and provide all of the following information:

A. Two sets of complete plans, specifications, design data, ultimate land use

plan, if applicable, and proposed operating procedures prepared by a

registered professional engineer of Minnesota.

B. Evidence that the property is properly zoned for the solid waste disposal

facility and that the owner has obtained the necessary building permits.

C. A bond in an amount to be set by the County Board naming the County as an

obligee with sufficient sureties duly licensed and authorized to transact

corporate surety business in the State of Minnesota as sureties. The condition

of such bond shall be that if the principal fails to obey any of the requirements

or do any of the acts required by this Ordinance in the operation of the waste

facility, or if, for any reason ceases to operate or abandons the waste facility,

and the County is required to expend any monies or expend any labor or

material to restore the facility to the condition and requirements as provided

by this Ordinance, the obligor and the sureties on its bond shall reimburse the

county for any and all expenses incurred to remedy the failure of the principal

to comply with the terms of the Ordinance, and the obligor and its sureties

will indemnify and save the County harmless from all losses, costs and

charges that may occur to the County because of any fault of the obligor under

the terms of his license to operate and the Ordinances of the County.

D. In lieu of part, or all, of said bond, the licensee may provide financial

assurance in an amount and form acceptable to the County Board to be used to

bring the facility into compliance with said requirements. The performance

bond shall be subject to cancellation by the surety at any time only upon

giving one hundred twenty (120) days prior written notice of cancellation to

the Environmental Services Officer.

E. The licensee shall furnish to the County certificates of insurance issued by

insurers duly licensed within the State of Minnesota covering public liability

insurance, including general liability, automobile liability, loading and

unloading, completed operations liability, explosion and collapse of

underground operations liability and bodily injury liability in amounts

described in F. In addition, the licensee shall provide evidence of workers

compensation coverage in the required statutory amounts.

F. A certificate of insurance issued by a company duly licensed to operate within

the State of Minnesota covering public liability, automobile liability,

operations liability, with bodily injury limits in an amount no less then

$500,000 for injury or death on any one person and aggregate limits of not

less then $1,000,000 for injuries or deaths arising out of any one occurrence.

Property damage limits shall be not less then $1,000,000 per occurrence and

in the unencumbered aggregate amount of at least $1,000,000. The Board

reserves the right in its discretion to set such other limits as it deems

necessary.

G. Evidence of compliance with all State and Federal laws including necessary

permits and licenses for operation of a solid waste disposal facility.

Subd. 3. License applications will be reviewed by the Environmental Services

Officer to determine compliance with the requirements of Subd. 2 and the Jackson County Solid

Waste Plan. The applicant will be notified of any deficiencies in the application. Within 45 days

after receipt of a completed application the Environmental Health Officer will present the

application to the Jackson County Board of Commissioners with a recommendation for approval

or denial of license.

Subd. 4. The Jackson County Board of Commissioners will make final

determination whether to grant the license. Any license granted by the Board will be valid for

one (1) year unless surrendered, suspended, or revoked prior to that time.

Subd. 5. No person shall construct or operate in Jackson county a landfill,

incinerator, transfer station, or compost facility for the disposal of solid waste without first

obtaining a permit from the County and meeting all local, state and federal regulations relating to

such facility.

Subd. 6. The following items are banned from final disposal at solid waste disposal

facilities in Jackson County and Dickinson County Sanitary Landfill, Iowa:

-dry cell batteries containing mercury, silver, or nickel-cadmium, or sealed lead

acid batteries that were purchased for use by a government agency or an

industrial, communication, or medical facility.

-Household Hazardous Waste (see Sect. II for definition)

-Lead Acid Batteries (vehicle batteries)

-Use oil

-Major Appliances/White Goods (see Sect. II for definition)

-Recyclable Material (see Sect. II for definition)

-Waste Tires

-Yard Waste

-Plastic grocery bags or trash bags (IA Chapter 455D)

Jackson County Board of Commissioners will by resolution ban additional materials as

dictated by State and Iowa State regulations.

SECTION V. SOLID WASTE STORAGE

Subd. 1. The owner, lessee and occupant of any single or multi-family dwelling,

business establishment, industry and all other premises, 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.

Subd. 2. The owner, lessee and occupant of any single or multi-family dwelling,

business establishment, industry and all other premises shall be responsible for maintaining all

areas free of improperly stored solid waste accumulations. Except for accepted normal operation

on farms, this includes removal of: (a) animal feces, brush piles, inoperable machines, major

appliances, fixtures, and equipment so damaged, deteriorated or obsolete as to have not

substantial value and can be reasonably considered solid waste; (b) lumber piles and building

materials unless being actively used by a business or construction requiring the use of such

lumber and materials; (c) tin cans, broken glass, broken furniture, boxes, crates, and other

debris; (d) any other form of mixed municipal solid waste. Nothing in this section is designed to

restrict the commonly accepted activities of farms and duly established and licensed automobile,

scrap iron, and metal recyclers and salvage operations.

Subd. 3. Putrescible waste, including, but not limited to, garbage shall be stored in

durable, rust-resistant, non-absorbent, water-tight, rodent-proof, and easily cleanable containers,

with close-fitting, fly tight covers having adequate handles to facilitate handling; or other types

of containers acceptable to the solid waste collection service which comply with Agency

regulations, this Ordinance, and approved by the Environmental Services Officer. The size and

allowable weight of the containers may be determined by the solid waste collection service as

approved by the Environmental Services Officer.

Subd. 4. 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 requirements for putrescible waste

containers.

Subd. 5. No person shall place the following items into a container for collection

and disposal at a solid waste disposal facility:

-Household Hazardous Waste. All household hazardous wastes shall be disposed

of through the Lyon County Regional Household Hazardous Waste Facility.

-Dry cell batteries containing mercury, silver, or nickel-cadmium, or sealed lead-

acid batteries.

-Lead Acid Batteries (vehicle batteries)

-Used oil

-Major Appliances

-Waste Tires

-Yard Waste

-Recyclable Material

-Plastic grocery bags or trash bags (IA Chapter 455D)

Jackson County Board of Commissioners will by resolution ban additional materials as

directed by MN State regulations and Iowa Department of Natural Resources regulations.

Subd. 6. Toxic or Hazardous Wastes shall be stored in durable, leak-proof

containers and shall be “printed or marked” so as to easily identify the container as a toxic or

hazardous waste, (e.g. a yellow ban that encircles, at a minimum the center one-third (1/3) of the

container) consistent with federal and state regulations. All previous lettering and numbering

will be obliterated from the container. The container will be marked within the yellow band, or

other easily identified area, using a permanent marker as follows: The chemical name of the

waste, the UN or NA number the contaminates present by percentages, the start date, the

generators name and address and the generators EPA or Agency identification number. Such

wastes shall be stored in a safe location, accompanied with a description of the chemical

composition of the substance stored within the container and be in compliance with the storage

and transportation requirements of Agency regulations, federal and state regulations and this

Ordinance. Vehicles shall be properly placarded and be accompanied with a proper shipping

manifest. In any case a generator of hazardous waste must comply with all federal and state laws

and regulations applicable to the generation, storage, transportation, processing and disposal of

hazardous waste (whichever laws and regulations are more stringent).

Subd. 7. All containers for the storage of solid waste shall be maintained in such a

manner as to prevent the creation of a nuisance or unsanitary condition.

Subd. 8. 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 Environmental Services Officer.

Subd. 9. Solid wastes shall not be stored outside a private residence, in a residential

or urban rural setting, for more than one (1) month without the written approval of the

Environmental Services Officer. Solid Waste shall not be stored on public, commercial or

business property for more than two (2) weeks, without the written approval of the

Environmental Services Officer. Non-putrescible wastes suitable for recycling shall not be

stored on public or private property in a manner which creates a nuisance, blight, or health

hazard. Compostables shall not be stored on public or private property in a manner which

creates a nuisance, blight, or health hazard.

Subd. 10. Solid Waste shall not be stored or disposed of in containers specifically

designated for the collection or deposit of recyclables.

Sub.d 11. Burning of solid waste shall be prohibited except (a) as allowed at a

licensed solid waste facility; (b) as allowed under the terms of a “Permit For Open Burning”,

Agency Rules 7005.

Subd. 12. Burying of solid wastes shall be prohibited except as allowed by 17:

Department of Agriculture; 17.135.

Subd. 13. All major appliances shall be disposed of with an Agency approved major

used appliance processor. No major appliance shall be stored, or disposed of at an unapproved

facility.

SECTION VI. COLLECTION AND TRANSPORTATION OF SOLID WASTE

Subd. 1. Unless otherwise provided in these regulations; the owner, lessee and

occupant of any premises, business establishment or industry is responsible for the collection and

transportation of solid waste from the premises, establishment or industry, and shall collect and

remove all solid waste accumulated at the premise, business establishment or industry and

transport it to an operation for which permit has been issued by the Agency or IDNR and/or a

contract signed by the County. A solid waste collection service shall be responsible for the

collection and transportation of all solid waste for which it has been contracted to collect and

remove and will transport it to an operation for which a permit has been issued by the Agency,

IDNR, and/or a contract signed by the County, at which disposal occurs, or at the solid waste

disposal facility that is designated through resolution by the Jackson County Board of

Commissioners.

Subd. 2. Vehicles or containers used for the collection and transportation of

garbage and other putrescible wastes, or solid waste containing such materials, shall be covered,

leak-proof, durable and of easily cleanable construction. These shall be cleaned to prevent

nuisances, pollution or insect breeding, and shall be maintained in good repair.

Subd. 3. Vehicles or containers used for the collection and transportation of any

solid waste shall be loaded, moved and unloaded in such a manner that the content will not fall,

leak or spill therefrom, and shall be covered to prevent blowing of material. Where spillage does

occur, the material shall be picked up immediately by the solid waste collector or transporter and

returned to the vehicle or container and the area properly cleaned. When the material cannot be

immediately picked up or the area cleaned the Environmental Services Officer shall be notified

as described.

Subd. 4. Vehicles and containers used for the collection and transportation of toxic

or hazardous wastes shall be durable, enclosed, and leak-proof in a safe, sanitary and nuisance

free manner. Vehicles shall be properly marked and labeled and be accompanied with a proper

shipping manifest, as required by federal and state regulations and statutes.

Subd. 5. Any person, firm or corporation intending to collect and haul mixed

municipal solid waste for hire is required to obtain a license before starting business. Any firm,

corporation or business collecting and hauling its own waste is required to obtain a license.

Vehicles that are transporting only Recovered Materials, concrete, brick, bituminous, trees, or

structural metals are excluded from this requirement, unless these materials are being hauled to a

County contracted Solid Waste Facility.

Subd. 6. The collection and transportation of solid waste shall be performed in

accordance with State rules administered by the Agency and the County.

Subd. 7. A collector or hauler shall refuse to knowingly accept for collection any

mixed municipal solid waste within Jackson County Municipalities or service areas which

contains:

A. Any yard waste

B. Any materials which has been designated by the County Board of

Commissioners as subject to mandatory recycling, pursuant to Section IV.

C. Household hazardous wastes. All household hazardous wastes shall be

disposed of through the Lyon County Regional Household Hazardous Waste

Facility.

D. Dry cell batteries containing mercury, silver, or nickel-cadmium, or sealed

lead acid batteries.

E. Lead acid batteries (vehicle batteries)

F. Used oil

G. Major appliances

H. Waste tires

I. Plastic grocery bags or trash bags

Subd. 8. Jackson County may by Ordinance require cities and towns to organize

collection as pursuant to Minnesota State Statute 115A.94, Subd. 5.

Subd. 9. The collection and transportation of solid waste shall be performed in

accordance with agency rules in addition to the rules provided by this Ordinance.

Subd. 10. Solid Waste must be disposed of at a MPCA permitted facility or IDNR

permitted facility. The County reserves the right to designate which agency approved solid

waste facility solid waste produced in the County is to be disposed at through resolution by the

County Board of Commissioners. A license will not be issued to those hauling to undesignated

sites.

SECTION VII. SOLID WASTE DISPOSAL BY SANITARY LANDFILL

A sanitary landfill shall comply with all Agency (MN Rules Chapters 7001 and 7035)

and County permit requirements, and the Jackson County Solid Waste Management Plan. The

County will not issue a license to a site out of compliance. All other methods of solid waste

landfills are prohibited.

See Section IV of this Ordinance for further regulations.

SECTION VIII. SOLID WASTE DISPOSAL BY INCINERATION

A solid waste incinerator shall comply with all Agency and County permit requirements

and the Jackson County Solid Waste Plan. The County will not issue a permit to a site out of

compliance.

See Section IV of this Ordinance for further regulations.

SECTION IX. SOLID WASTE DISPOSAL BY COMPOSTING

A solid waste composting facility shall comply with all Agency and County permit

requirements and the Jackson County Solid Waste Plan. The County will not issue a permit to a

site out of compliance.

See Section IV of this Ordinance for further regulations.

SECTION X. TRANSFER STATIONS

A solid waste transfer station shall comply with all Agency and County permit

requirements and the Jackson County Solid Waste Plan. The County will not issue a permit to a

site out of compliance.

See Section IV of this Ordinance for further regulations.

SECTION XI. DEMOLITION DEBRIS DISPOSAL

Demolition debris disposal shall comply with all Agency permit requirements, local

zoning ordinance and the Jackson County Solid Waste Plan. All demolition debris disposed of in

Jackson County must be disposed at an Agency permitted site. Demolition waste generated on-

site by construction or demolition of structures on an individual property may be buried on-site.

Placement of demolition for land improvement projects may be allowed provided a permit for

that waste is obtained from the Agency. A record of on-site or land improvement burial shall be

filed at the Office of the County Recorder. Permit application forms may be obtained from the

Minnesota Pollution Control Agency.

SECTION XII. WASTE TIRES

Subd. 1. Chapters 7001 and 9220 of the Minnesota Waste Tire Permitting Rules are

hereby incorporated by reference.

Subd. 2. No more than ten (10) waste-tires may be stored within the boundaries of

any residential lot.

Subd. 3. No more then one hundred (100) waste tires may be stored on any non-

residential lot except at a properly licensed solid waste facility.

Subd. 4. Exceptions to Subd. 1 and 2 may be allowed when waste tires are utilized

outside the building for decorative, recreational, structural, constructual or agricultural purposes

where they comply with the requirements of other applicable laws or sections of this Ordinance.

Subd. 5. Waste tires within one thousand (1000) feet of a residence shall be stored

or utilized in a manner that prevents water from being retained in the tires.

Subd. 6. Waste tires shall not be placed, stored, left, or permitted to remain in a

lake, stream, wetland, sinkhole, gully, waterway, floodplain, or shoreland.

Subd. 7. The owner of the land or premises upon which waste tires are located in

violation of this Ordinance shall be obligated to remove them to a licensed solid waste facility,

obtain the license required by the Ordinance within one (1) year of the effective date of this

ordinance, or such later date approved by the Jackson County Environmental Service Officer.

Subd. 8. The disposal of waste tires in the land is prohibited after July 1, 1985.

This does not prohibit the storage of unprocessed waste tires at a collection or processing facility.

(115A.904)

Subd. 9. Transfer and Collection of waste tires must meet Agency rules and

regulations.

SECTION XIII. SPECIAL WASTES

MAJOR APPLIANCES (WHITE GOODS)

Subd. 1. No person may place major appliances in mixed municipal solid waste or

dispose of major appliances in a solid waste processing or disposal facility after July 1, 1990.

Subd. 2. Major appliances must be recycled or reused. Recycling includes:

A. the removal of capacitors that may contain PCB’s

B. the removal of ballasts that my contain PCB’s

C. the removal of chlorofluorocarbon refrigerant gas; and

D. the recycling or reuse of the metals.

Subd. 3. All doors, lids, hinges or latches must be removed from major appliances

or provide locks to prevent access by the public.

Subd. 4. No more than two (2) discarded appliances may be stored on a residential

property for more then 1 year without the written approval of the Environmental Service Officer.

Subd. 5. All major appliances shall be disposed of with an Agency approved major

used appliance processor. No major appliance shall be stored, or disposed of on an unapproved

facility.

HOUSEHOLD BATTERIES

Subd. 1. Household batteries may not be placed in the mixed municipal solid waste.

(e.g. disposable or rechargeable dry cells commonly used as power sources for household or

consumer products including, but not limited to, nickel-cadmium, alkaline, mercuric oxide, silver

oxide, zinc oxide, lithium, and carbon-zinc batteries, but excluding lead acid batteries).

MOTOR VEHICLE BATTERIES

Subd. 1. No person shall place in mixed municipal solid waste any motor vehicle

battery or dispose of after January 1, 1988.

Subd. 2. All batteries must be recycled.

Subd. 3. Any person who transports used lead acid batteries from a retailer must

deliver the batteries to a recycling facility.

INFECTIOUS WASTE

Subd. 1. No person shall place in mixed municipal solid waste any infectious

waste.

Subd. 2. All Minnesota State Statute 116.75 rules and regulations will be followed.

USED OIL

Subd. 1. A person may not place used oil in mixed municipal solid waste or place

oil in or on the land, unless approved by the Agency (115A.916)

Subd. 2. Any person, firm or corporation intending to collect used oil must meet

Agency regulations.

YARD WASTE

Subd. 1. A person may not place yard waste in or for collection with mixed

municipal solid waste.

Subd. 2. Yard waste shall be disposed of at municipal yard waste compost sites,

backyard composting or by agricultural burning.

SECTION XIV. RECYCLING FACILTY/RECYCLING COLLECTION

LICENSE

Subd. 1. Recycling facilities/Recycling Collection Services shall fulfill the

requirements established by this Ordinance, provide the annual reports required, be permitted,

and shall be exempt from a permit fee.

Subd. 2. Vehicles operated by recyclers must meet the requirements of Section VI.

Subd. 3. No person shall operate a recycling facility nor allow, permit or cause his

land to be used as a recycling facility without a valid license issued by Jackson County.

Subd. 4. To obtain a license to operate a solid waste recycling facility the

individual must first complete an application available from the Jackson County Environmental

Service Office and provide the following:

A. Plans, specifications, and proposed operating procedures.

B. Evidence that the property is properly zoned for a recycling facility and that

the owner has obtained the necessary building permits.

C. Evidence of knowledge and compliance with all State and Federal laws

including necessary permits or license for operation as a recycler.

D. Provide a list of recyclable materials accepted at said facility.

Subd. 5. Civic or non-profit organizations, school groups, service clubs or others

who collect recyclable materials to support their organization will not need to obtain a

license/permit, except as required by the Agency. All submittals, as required by an agency

license/permit, shall be submitted to the Environmental Services Office.

Subd. 6. All recyclable materials collected as part of an recycling collection

program shall not be disposed in a manner which preludes its reuse, as defined in the recycling

definition in Minnesota Statute 115.03., Subd. 25a, and 25b.

Subd. 7. Recyclable materials collected and processed at part of an organized

recycling collection program for municipalities, service areas and townships within Jackson

County, at a minimum, shall be as outlined below:

A. Aluminum food and beverage containers, and foil

B. Tin food cans

C. Glass bottles and jars (food and beverage)

D. Plastic bottles and jugs (1-5, plus 7)

E. Newsprint

F. Corrugated cardboard

G. Office paper

H. Metal pots and pans

I. Brass fitting and copper tubing

J. Such other materials which may be designated by the County Board of

Commissioners.

Subd. 8. All civic or non-profit organizations, school groups, service clubs,

commercial/industrial establishments or others who collect and dispose of recyclable material

shall to the extent possible, submit a report to the Environmental Service Office of the type and

quantity of material collected. This report shall be submitted by July 15 of each year and

account for all material collected and recycled from July 1 of the previous year to June 30 of the

reporting year.

SECTION XV. MANDATORY SOLID WASTE COLLECTION/RECYCLABLE

MATERIAL SEPARATION

Subd. 1. Municipal Collection/Service Areas: By January 1, 1993, all corporate

municipalities in Jackson County shall pass an Ordinance requiring each residential unit and all

commercial businesses to have solid waste collection and recyclable separation for collection.

Jackson County through resolution will form service areas. The service areas will be

required to have solid waste collection at each residential unit, and require commercial business

to have solid waste collection. The service area will have mandatory recycling collection, or

alternative recyclable material disposal through drop-off sites. The service area will be required

to have recyclable separation for collection. The service areas will be required to have

environmentally safe alternative solid waste disposal practices, such as burning or burial as set

by Agency rules 7005 and as allowed by 17; Department of Agriculture 17.135.

Subd. 2. Mandatory residential recycling. It shall be unlawful for any owner or

occupant of a residential or multi-unit residential building within a Jackson County municipality

or service area to generate and deposit for collection mixed municipal solid waste which contains

any of the following recyclable materials:

A. Aluminum food and beverage containers, and foil

B. Tin food cans

C. Glass food and beverage containers

D. Plastic bottles and jugs (1-5, plus 7)

E. Newsprint

F. Corrugated cardboard

G. Office paper

H. Metal pots and pans

I. Brass fitting and copper tubing

J. Such other materials which may be designated by the County Board of

Commissioners unless such waste is directly delivered or collected for direct

delivery to a facility which has been approved by the County for separation of

recyclables.

Subd. 3. Mandatory Commercial Recycling: It shall be unlawful for any owner or

occupant of a commercial building within Jackson County municipality or service area to

generate or deposit for collection mixed municipal solid waste which contains any of the

following recyclable materials:

A. Aluminum food and beverage containers, and foil

B. Tin food cans

C. Glass food and beverage containers

D. Plastic bottles and jugs (1-5, plus 7)

E. Newsprint

F. Corrugated cardboard

G. Office paper

H. Metal pots and pans

I. Brass fitting and copper tubing

Such other materials which may be designated by the County Board of Commissioners

unless such waste is directly delivered or collected for direct delivery to a facility which has been

approved by the County for separation of recyclables.

Subd. 4. Haulers: A collector or hauler shall refuse to knowingly accept for

collection any mixed municipal solid waste within a Jackson County Municipality or service area

which contains:

A. Any yard waste

B. Any materials which has been designated by the County Board of

Commissioners as subject to mandatory recycling, pursuant to this Section.

C. Household hazardous wastes. All household hazardous wastes shall be

disposed of through the Lyon County Regional Household Hazardous Waste

Facility.

D. Dry cell batteries containing mercury, silver, or nickel-cadmium, or sealed

lead acid batteries.

E. Lead acid batteries (vehicle batteries)

F. Used oil

G. Waste tires

H. Plastic grocery bags or trash bags

Subd. 5. Anti-Scavenging Clause: Ownership of the designated recyclable

materials set out for curbside collection or deposited at the drop off sites shall be vested in the

collector and transporter of recyclable materials designated by the County Board of

Commissioners, or by contract through the municipalities. It shall be unlawful and an offense

against this Section for any person, firm, or corporation other than the owner, lessee, or occupant

of a residential dwelling to pick up said materials for his or her own use.

Subd. 6. Municipalities, Service Areas or Townships within Jackson County that

contract with refuse hauler(s)/recyclable collector must contract only with a refuse

hauler/recyclable collector who is licensed by Jackson County. A recycling

collector(s)/facility(ies) contracted by a municipality or township for collection or processing of

recyclable material must accept, at a minimum, recyclables as stated in Section XIV, Subd. 7 of

this Ordinance. Contracts must also be consistent with the provision of this subsection.

SECTION XVI. PERMITS AND LICENSE FOR SOLID WASTE COLLECTION

AND TRANSPORATION

All commercial haulers must obtain an annual license. Any firm, corporation or business

collecting and hauling its own waste must obtain an annual license. Each vehicle used by

Commercial haulers to haul solid waste or any vehicle owned by a firm, corporation or business

used to collect and haul its own waste shall be operated only after a Commercial haulers Vehicle

Permit has been initially issued by the County Board as provided herein. However, any firm,

corporation or business may apply to the Environmental Service Office for an exemption from

the above requirements. Exemptions may be granted upon a showing of: 1) the nature of the

material being hauled; 2) the frequency of the hauling of the material; and 3) the amount of

material to be hauled.

Subd. 1. No licensee or any contractor operating under contract or agreement with

the licensee shall commence operations until he/she has obtained at his/her own cost and expense

all insurance required herein. All insurance coverage is subject to approval of the County board

of Commissioners and shall be maintained by the licensee for the term of the license period. All

insurance shall be on occurrence basis form only. A certificate of insurance issued by a

company duly licensed to operate within the State of Minnesota.

A. The licensee shall obtain and maintain for the duration of this license statutory

Worker’s Compensation Insurance and Employer’s Liability Insurance as

required under the laws of the State of Minnesota.

a. State: Minnesota – Statutory

b. Employer’s Liability

c. Benefits required by Union labor contracts: as applicable.

B. Comprehensive General Liability (including Premises-Operations:

independent Contractor’s Protective; Productors and Completed Operations;

Broad Form Property Damage). The licensee shall obtain the following

minimum insurance coverage and maintain it at all times throughout the life of

the license.

a. Personal Injury; an amount not less than $500,000 and aggregate limits

of not less than $1,000,000.

b. Property damage liability insurance; an amount not less than

$1,000,000 per occurrence and in the unencumbered aggregate amount

of at least $1,000,000 and shall include coverages for the following

hazards:

i. X (Explosion)

ii. C (Collapse)

iii. U (Underground)

C. A Comprehensive Automobile Liability (owned, non-owned, hired). Bodily

Injury and Property Damage (combined limit) amount not less than $500,000

on any person and aggregate limits of not less than $1,000,000 for injuries or

deaths arising out of any one occurrence.

D. Insurance certification evidencing that the above insurance is in force with

companies acceptable to the County Board of Commissioners and in amounts

required shall be submitted to the Environmental Services Officer for

examination with which they shall be filed with the permit at the

Environmental Services Office. The insurance certificates shall specifically

provide that a certificate will not be modified except upon thirty (30) days

prior written notice to the environmental Service Officer. Neither the County

Board of Commissioner’s failure to require or insist upon certificates or other

evidence of insurance, nor the County Board of Commissioner’s acceptance

of the certificate or other evidence of insurance showing a variance from the

specified coverage changes the licensees responsibility to comply with the

insurance specifications.

E. The terms used in Subd. 1 to specify the required insurance are to be

interpreted according to the ordinary usage of the insurance industry.

Subd. 2. Persons intending to engage in the business of being a Commercial Hauler

for hire and any firm, corporation or business, except as exempted collecting and hauling its own

waste must file an application with the County Board of Commissioners for initial issuance of a

license and vehicle permits, using forms provided by the Environmental Services Office. Such

application to the County Board of Commissioners and subsequent annual renewals to the

County Board shall contain the following information.

A. The name and address of the applicant.

B. A description of each vehicle to be used for solid waste collection, including

the vehicle identification, make, model, the capacity of the body or the

capacity and number of rolloffs.

C. The date of the last State of Minnesota safety inspection of the vehicle.

D. The location and address describing the place where the applicant is storing

his equipment/vehicle.

E. Current copy of certificate of insurance, indicating proper insurance coverage

for the period of the license, including the name of the insurance carrier, its

agent, policy number, and effective dates.

F. Map of the area of each City, Township and County served.

G. The type and number of locations served and the estimated weekly weight or

volume of solid waste collected.

H. A copy of approvals if required by the governing body of any municipality to

be served, or

I. A statement by the applicant that shows that he/she:

a. Utilizes County designated routes;

b. That vehicle operators possess proper Minnesota drivers license

J. Other information the County may reasonably require, including applicants

signature, and appropriate fees for the license and permit(s).

Subd. 3. All vehicles used for collecting and transporting solid waste shall be

inspected annually by the Minnesota Department of Transportation and the vehicle shall not be

permitted or operated unless it has a current safety sticker affixed by the Minnesota Department

of Transportation. Each vehicle, its body or rolloff, may be inspected by the County at least

annually to determine compliance with this Ordinance.

Subd. 4. Collectors of solid waste from residential customers must by January 1,

1993, charge for collection on the basis of the volume or weight of waste collected. For single

family customers, the collector must offer a minimum 1 can or bag rate. The can, or bag, shall

be no larger than 30 gallons in accordance with Minnesota Statute 115A.93.

Subd. 5. License required. No person may collect mixed municipal solid waste for

hire without a license from Jackson County where the mixed municipal solid waste is collected.

No firm, corporation, or business, except as exempted may collect and haul its own waste

without a license from Jackson County.

Subd. 6. The solid waste collection service for hire, and any firm, corporation, or

business, except as exempted collecting its own solid waste will provide annually to the Jackson

County Environmental Services Officer a report of the following:

A. Quantities hauled for recyclables and solid waste; (quantities will be reported

in cubic yards or tonnages. Recyclables will be reported in cubic yards or

tonnages separated by type (e.g.) newsprint, paper, plastic, ferrous and

nonferrous metals, glass corrugated, white goods, etc.)

B. The site where the load(s) of solid waste was disposed;

Omission of the annual report shall be grounds for the termination of the license or denial

of license renewal.

Subd. 7. The Solid Waste Officer shall determine that the solid waste transportation

vehicles used are properly constructed to be in compliance with the intentions of this Ordinance.

Subd. 8. All permits expire when the vehicle ownership is transferred or on the 31

day of December following issuance. Each permit issued shall be maintained in or on the

vehicle and displayed as required by the County. Any such permit may be suspended or revoked

by the County Board of Commissioners for good cause.

Subd. 9. The Solid Waste collection service will indemnify, defend and save

harmless the Commission, the County, their agents, elected officials and employees from all

claims, damages, losses, liabilities, omission on the part of the hauler or its contractors, agents,

servants or employees in the performance of or in relation to any of the work or services to be

performed or furnished by the hauler under the terms of this Contract.

SECTION XVII. LICENSE FEES

Subd. 1. Approval of an application to the County Board of Commissioners for a

license for a solid waste management facility shall be contingent upon the payment to the county

of a license fee in the amount specified by the County Board of Commissioners. Such license

fees are hereby found to be equal to the cost to the county of processing the license applications

and administering and enforcing this Ordinance with respect to said license including periodic

inspections.

Subd. 2. The fees prescribed shall be paid by a license applicant with respect to

each facility maintained by him/her. All license fees shall be paid annually as a condition for

license renewal. Nonpayment of the annual solid waste license fee shall be grounds for denial to

issuance of licenses.

Subd. 3. The fees prescribed by the County Board of Commissioners shall be paid

by a license applicant with respect to each vehicle collecting and transporting solid waste. All

license fees shall be paid annually as a condition for license renewal. Such license fees are

hereby found to be equal to the cost to the County of processing the license applications and

administering and enforcing this Ordinance with respect to said license including periodic

inspections. Nonpayment of the annual solid waste collection and transportation license fee shall

be grounds for denial for issuance of licenses.

SECTION XVIII. RATES AND CHARGES FOR SOLID WASTE MANAGEMENT

WHEN PROVIDED BY THE COUNTY

Subd. 1. This subdivision is enacted pursuant to Minnesota Statute 400.08 which

grants Jackson County the authority to impose reasonable charges for solid waste management

and disposal. The purpose of this section is to establish a method of collection for such charges.

Owners, lessees, and occupants of property situated within Jackson County shall pay for solid

waste management services to their properties provided by the County or through its contractor,

according to a schedule of charges approved from time to time by resolution of the Board of

Commissioners.

A. Landfill fees are determined annually by Sanifill Inc., owner/operator of the

Dickinson County Sanitary Landfill, and as per contract agreed upon by the

County Board of Commissioners.

B. Service fees may be established by the County Board of Commissioners by

resolution for solid waste management services provided to the various

parcels of land in the County, and such charges may result in an assessment

levy payable with real estate taxes. All rates and charges shall be uniform in

their application to use and service of the same character and quantity. A

copy of the current rate schedule shall be kept on file in the Office of the

County Auditor. If no new rate schedule for solid waste management services

is adopted in any year, the rate schedule for the previous year will remain in

effect. In establishing or revising the rate schedule, the Board may take into

account all factors relevant to solid waste management and disposal. Such

factors include, but are not limited to, the character, kind and quality of

service and of solid waste, method of deposition, the number of people served

at each place of collection, and all other factors that enter into the cost of

providing the service including, but not limited to, public education, recycling

programs, solid waste management facilities operating and debt.

C. Surcharges can be determined by the County Board of Commissioners by

resolution. Solid Waste collection services hauling within Jackson County,

shall pay a surcharge fee based on total cubic yards/tonnage of solid waste

collected in Jackson County.

D. All service fees and surcharges may be billed by the County pursuant to

resolution by the County Board of Commissioners.

Subd. 2. Users of facilities. Users of solid waste management facilities provided by

the county, (or the solid waste management facility that is designated by resolution by the

County Board of Commissioners) by and through its contractor or by facilities licensed in the

County or by those who collect solid waste from sites, premises, owners, lessees, or occupants of

property situated within or outside the County shall pay charges for the use of said facilities

according to resolutions established by the County Board of Commissioners; and, the fee rates

will be according to the definition of this Ordinance for “Multi-county mixed waste,” and, for

solid waste generated within the County. Established tipping fees are adopted in resolution by

the County Board of Commissioners and kept on file in the office of the County Auditor. All

fees charged for solid waste disposal shall be paid on a monthly basis according to the billing

schedule at the facility.

Subd. 3. Service Area. This section is enacted pursuant to Minnesota Statute

400.08 which grants Jackson County the authority to establish and determine the boundaries of

the solid waste management areas in the County. The boundaries of the County shall constitute

the boundaries of the solid waste management service area.

Subd. 4. Solid Waste Fund for operations provided by the County. A special

account on the official books of the County is hereby created which shall be known as the Solid

Waste Fund. Monies collected pursuant to this Ordinance and all receipts from the sale of real or

personal property pertaining to solid waste management systems and the proceeds of all gifts,

loans, and issuance of bonds for the purpose of the system shall be credited to the Solid Waste

Fund. All costs of acquisition, construction, enlargement, improvement, repair, supervision,

control, maintenance, post closure care and maintenance and operations of the solid waste

management system, and facilities which are owned and operated by the County, but not those

owned and operated by its licensee or contractor, shall be charged to the Solid Waste Fund.

SECTION XIX. LITTER

Subd. 1. A person who unlawfully places any portion of solid waste in or on public

or private lands, shorelands, roadways, or waters is subject to a civil penalty.

Subd. 2. A State, political subdivision or private person that incurs costs as

described in Minnesota State Statute 115A.99 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,

shorelands, roadways, or waters where the waste was placed if owned or managed by the entity

bringing the action.

SECTION XX. ENFORCEMENT AND INSPECTIONS

Subd. 1. Inspection and evaluation of waste facilities shall be made by the

Environmental Services Office or Agency in such frequency as to insure consistent compliance

by the facilities with the provisions of this Ordinance. Each licensee shall be provided with

written and documented notice of any deficiencies, recommendations for their correction and the

date when the corrections shall be accomplished. Each licensee shall be required to allow free

access to authorized representatives of the Solid Waste Department, County Board, Agency, or

to authorized representative of any other governmental agency at any time for the purpose of

making such inspections as may be necessary to determine compliance with the requirements of

this Ordinance, or any other applicable statute, Ordinance or regulation.

Subd. 2. The County shall have the right to inspect private property to determine if

a waste facility is in accordance with the provisions of this Ordinance.

Subd. 3. Where the conditions imposed by any provisions of this Ordinance are

either more restrictive or less restrictive, than comparable conditions imposed by any other

provision of this Ordinance or any other applicable law, Ordinance, rules and regulation, the

provision which establishes the higher standards for the promotion and protection of the public

health, safety and general welfare shall prevail.

Subd. 4. The Environmental Services Office shall be responsible for the

administration and enforcement of this Ordinance.

SECTION XXI. VIOLATIONS AND PENALTIES

Subd. 1. Misdemeanor. Any person who shall violate or fails, neglects or refuses to

comply with the provisions of this Ordinance shall be guilty of a misdemeanor and upon

conviction thereof shall be punished therefore as provided by Minnesota Law. A separate

offense shall be deemed committed upon each separate day during or on which a violation occurs

or continues. The county is responsible for the enforcement of this Ordinance.

Subd. 2. Equitable Relief. In the event of a violation or a threat of violation of this

Ordinance, the Jackson County Attorney may take appropriate action to enforce this Ordinance,

including but not limited to, application for injunctive relief, action to compel performance or

other appropriate action in District Court, if necessary, to prevent, restrain, correct, or abate such

violations or threatened violations.

Subd. 3. Costs as Special Assessment. If a licensee, owner, or operator of a waste

facility fails to comply with the regulations in this Ordinance, Jackson County may take the

necessary steps to correct such violations or terminate the facility and the costs thereof may be

recovered in a civil action or may be certified, at the discretion of the County Board of

Commissioners, to the Jackson County Auditor as a special assessment against real property.

Subd. 4. Suspension of License. Any license issued pursuant to this Ordinance

may be suspended for not longer than sixty (60) days by the County Board of Commissioners for

violation of any provision of this Ordinance. Suspension shall not occur earlier than ten (10)

calendar days after written notice of suspension has been personally served on the licensee by

certified mail with return receipt. Such written notice shall contain the effective date of

suspension, the nature of the violation or violations constituting the bases for the suspension, the

facts which support the conclusion that a violation or violations have occurred and a statement

that the licensee is entitled to a hearing provided that he request such hearing in writing by

serving said request personally on the Board within ten (10) calendar days, of service of such

notice, exclusive of the day of service. If the licensee fails to request a hearing within the time

prescribed, he/she shall forfeit any right to a public hearing. Following receipt of a request for a

hearing, the County Board of Commissioners shall set a hearing date which will be set at a time

convenient for the Board. The hearing shall be conducted pursuant to the procedures established

in Section XII, Subd. 6, titled “hearing” of this Section. If the suspension is upheld and the

operator has not demonstrated within the sixty (60) day period that full compliance with the

Ordinance has been attained and that such compliance will be continued, the County Board of

Commissioners may serve Notice of Suspension once again or initiate the revocation procedures

in Section XXI., Subd. 5.

Subd. 5. Revocation of License. Any license issued pursuant to this Ordinance

may be revoked by the County Board of Commissioners for violation of any provision of this

Ordinance. Revocation shall not occur earlier than ten (10) calendar days after written notice of

revocation has been personally served on the licensee, or, if a hearing is requested, until the

written decision of the Board has been served on the licensee by registered mail. Such written

notice shall contain the effective date of the revocation, the nature of the violation or violations

constituting the basis for revocations, the facts which support the conclusions that the violation

or violations have occurred, and a statement that the licensee is entitled to a hearing provided

that he request such hearing in writing by personally serving said request to the Board of

Commissioners within (10) calendar days, of service of such notice, exclusive of the day of

service. If the licensee fails to request a hearing within the time prescribed, he/she shall forfeit

any right to a public hearing. Upon receipt of a written request for a hearing, the County Board

of Commissioners shall set a hearing not earlier then ten (10) days and not later then thirty (30)

days from the date of receipt of the request.

Subd. 6. Hearings. Whenever a hearing is requested in regard to an application,

renewal, suspension or revocations of a license, the hearing shall be governed by the following

procedures:

A. Hearing Officer: The Jackson County Board of Commissioners shall have the

power to conduct public hearings pursuant to this Section. By resolution, the

County Board of Commissioners may appoint a Hearing Officer to assist the

County Board. If the individual conducts hearings on behalf of the County

Board he/she shall submit to the County Board of Commissioners, in writing,

Findings of Fact, Conclusions of Law and recommendations, and the County

Board of Commissioners may base its decision on this report.

B. Notice of Decision: The County Board of Commissioners shall notify the

applicant or licensee in writing as to its decision within five (5) working days

after a decision is reached.

C. Procedures: All hearings shall be conducted in the following manner:

a. The court reporter shall record and transcribe, if necessary, a record of

the hearing.

b. All testimony shall be sworn under oath.

c. The rules of evidence shall be informal. All relevant evidence, subject

to the County Board of Commissioner’s or hearing officer’s discretion

may be reviewed.

d. The county shall present evidence first.

e. The applicant or licensee, or his counsel, if represented, may cross-

examine all witnesses testifying in the proceedings.

f. The attorney for the County Board of Commissioners may cross-

examine all witnesses testifying in the proceedings.

g. The decision of the County Board of Commissioners shall be based on

the evidence presented at the hearing before the County Board or on

the Findings of Act, Conclusion of Law and Recommendations of the

hearing officer.

h. If the applicant or licensee fails to appear at the hearing, he shall

forfeit any right to a public hearing before the County Board of

Commissioners or hearing officer.

i. Any applicant or licensee aggrieved by a decision of the County Board

of Commissioners shall have the right to appeal to the District Court in

the County of Jackson on questions of law and fact within thirty (30)

days of the date of the decision.

Subd. 7. Removal of Suspension: In the case of a suspension, upon written

notification from the licensee that all violations for which the suspension was invoked have been

corrected, the Environmental Services Office shall re-inspect the site, facility, or solid waste

collection service within five (5) working days after receipt of the notice for the licensee. If the

Environmental Services Office finds on such re-inspection that the violations constituting the

grounds for suspension have been corrected, the Environmental Services Office shall

immediately terminate the suspension by written notice to the licensee and the County Board.

SECTOIN XXII. VARIANCES

Upon written application by the applicant or operator, the County Board may grant

variances from the provisions of this Ordinance in order to promote the effective and reasonable

application and enforcement of the provisions of this Ordinance.

A variance may be granted by the Board of Commissioners after a public hearing where

the Board determines that enforcement of this Ordinance would cause the applicant undue

hardship, or that the Ordinance cannot be complied with due to technological impossibility or

economic unreasonableness. Such a variance shall not be granted for a period in excess of two

years, but may be renewed upon application of the applicant and after public hearing. A variance

may be revoked by the Board at the public hearing prior to expiration of the variance. An

application for a variance shall be accompanied by a plan and time schedule for achieving

compliance with the Ordinance. Prior to any public hearing held by the Board under this

provision, persons who may be adversely affected by the granting of the proposed variance shall

be given at least thirty (30) days notice to said public hearing.

SECTION XXIII. NONCONFORMING SITES AND FACILITIES AND COLLECTION

OF SOLID WASTE

Solid Waste management facilities, and any firm, corporation, or business collecting its

own solid waste in existence on the effective date of this Ordinance and operation of such

facilities shall conform to the provision of this Ordinance no later than 60 days after the adoption

of the Ordinance, or terminate operations no later than the date, unless granted a variance.

Solid waste collection services for hire in existence on the effective date of this

Ordinance shall conform to the provisions of this Ordinance no later than January 1, 1993, unless

granted a variance.

SECTION XXIV. ADDITIONAL REQUIREMENTS

For the purpose of protecting the public health, safety, and welfare, the County Board

may impose additional requirements consistent with the intent of this Ordinance for the operation

of solid waste management sites or facilities.

SECTION XXV. SEVERABILITY

It is hereby declared to be the intention of the County Board of Commissioners that

several provisions of this Ordinance be severable in accordance with the following:

Subd. 1. If any court of competent jurisdiction shall adjudge any provision of this

Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not

specifically included in said judgment.

Subd. 2. If any court of competent jurisdiction shall adjudge invalid the application

of any provision of this Ordinance to a particular structure, site, facility, operation or solid waste

collection service, such judgment shall not affect the application of said provision to any other

structure, site, facility, operation or solid waste collection service, not specifically included in

said judgment.

SECTION XXVI. PROVISIONS ARE ACCUMULATIVE

The provisions of this Ordinance are accumulative and additional limitations upon all

other laws and ordinances heretofore passed or which may be passed hereafter, covering any

subject matter in this Ordinance.

SECTION XXVII. NO CONSENT

Nothing contained in this Ordinance shall be deemed to be a consent, license, or permit to

locate, construct, operate or maintain any site, facility or operation, or to carry on any activity.

SECTON XXVIII. OTHER ORDINANCES AND REGULATIONS

Nothing in this Ordinance shall preclude any local unit of government from adopting

stricter regulations than this Ordinance.

SECTION XXIX. EFFECTIVE DATE

This Ordinance shall be in full force and effect from and after its passage and publication

according to law.