HomeMy WebLinkAboutCouncil Information Memorandum 07-26-2018CITY OF PLYMOUTH
COUNCIL INFO MEMO
July 26, 2018
EVENTS / MEETINGS
Official City Meeting Calendars .................................................................... Page 2
Tentative List of Agenda Items ..................................................................... Page 5
CORRESPONDENCE
Plymouth Civic League Thank You ................................................................. Page 7
Shingle Creek Public Hearing Notice for Upcoming Projects .................................. Page 8
Kids Fest Set for August 2 ......................................................................... Page 10
Plymouth Sings Seeks Best Vocalist to Compete at State Level ............................. Page 11
Celebrate Night to Unite Set for August 7 ...................................................... Page 12
Neighborhood Drainage Improvements #18015 ................................................ Page 13
Ordinance #13 Recycling Revision ............................................................... Page 14
REPORTS & OTHER ARTICLES OF INTEREST
Minneapolis Ranked Top Tech Talent Market in Midwest, Finance & Commerce .......... Page 31
United, Bloomington Rethink Plans for Gateway Site, Finance & Commerce ............. Page 33
U.S. House Votes to Repeal Medical Device Tax, Medical Alley Association .............. Page 35
SUN MON TUE WED THU FRI SAT
1 2 3 4
INDEPENDENCE
DAY
CITY OFFICES
CLOSED
5 6 7
8 9 10 11 12 13 14
15 16 17 18
7:00 PM
PLANNING
COMMISSION
MEETING
Council Chambers
19 20 21
22 23 24
25 26 27 28
29 30 31
July 2018
3400 Plymouth Boulevard
Plymouth, MN 55447 OFFICIAL CITY CALENDAR Phone: 763-509-5000
Fax: 763-509-5060
CITY COUNCIL
FILINGS OPEN
Mayor, At Large,
Ward 2 and Ward 4
SUN TUES MON WED THUR FRI SAT
7:00 PM
HOUSING AND
REDEVELOPMENT
AUTHORITY
MEETING
Medicine Lake Room
5:30 PM - 10:30 PM
Music in Plymouth
Hilde
Performance Center
5:30 PM
SPECIAL COUNCIL
MEETING
Economic
Development
Strategic Planning
Medicine Lake
Room
7:00 PM
REGULAR COUNCIL
MEETING
Council Chambers
Page 2
SUN MON TUE WED THU FRI SAT
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 5:30 PM
SPECIAL COUNCIL MEETING Budget and CIP Medicine Lake Room
7:00 PM REGULAR COUNCIL MEETING Council Chambers
29 30 31
August 2018
3400 Plymouth Boulevard Plymouth, MN 55447 OFFICIAL CITY CALENDAR Phone: 763-509-5000 Fax: 763-509-5060
8:00 AM-4:30 PM ABSENTEE/DIRECT BALLOTING Medicine Lake Room
7:00 PM PLANNING COMMISSION MEETING Council Chambers
7:00 PM EQC MEETING Medicine Lake Room
7:00 PM HOUSING AND
REDEVELOPMENT
AUTHORITY
MEETING
Medicine Lake Room
SUN TUES MON WED THUR FRI SAT
5:30 PM SPECIAL COUNCIL MEETING Budget and CIP and Quarterly City Manager’s Update Medicine Lake Room
CHANGES ARE NOTED IN RED
6:00 PM - 9:00 PM Kids Fest Hilde Performance Center
8:00 AM-4:30 PM ABSENTEE/DIRECT BALLOTING Medicine Lake Room
PRIMARY ELECTION
Polls Open 7:00 AM to 8:00 PM
8:00 AM-5:00 PM ABSENTEE/DIRECT BALLOTING Medicine Lake Room
8:00 AM-4:30 PM ABSENTEE/DIRECT BALLOTING Medicine Lake Room
5:00 PM
CITY COUNCIL
FILINGS CLOSE
5:00 PM
CITY COUNCIL FILINGS
DEADLINE TO
WITHDRAW
8:00 AM-4:30 PM ABSENTEE/DIRECT BALLOTING Medicine Lake Room
10:00 AM-3:00 PM ABSENTEE/DIRECT BALLOTING Medicine Lake Room
Page 3
SUN MON TUE WED THU FRI SAT
1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23
30
24 25 26 27 28 29
September 2018
3400 Plymouth Boulevard
Plymouth, MN 55447 OFFICIAL CITY CALENDAR Phone: 763-509-5000
Fax: 763-509-5060
7:00 PM
PLANNING
COMMISSION
MEETING
Council Chambers
7:00 PM
ENVIRONMENTAL
QUALITY
COMMITTEE
MEETING
Medicine Lake Room
7:30 PM
PLANNING
COMMISSION
MEETING
Council Chambers
SUN TUES MON WED THUR FRI SAT
CHANGES ARE MADE IN RED
LABOR DAY
CITY OFFICES
CLOSED
5:30 PM
SPECIAL COUNCIL
MEETING
TwinWest update and
use of drones by City
Staff
Medicine Lake Room
7:00 PM
REGULAR COUNCIL
MEETING
Council Chambers
7:00 PM
REGULAR COUNCIL
MEETING
Council Chambers
10:30 AM - 2:00 PM
Plymouth on Parade
Celebration
City Center Area
6:00 PM
SPECIAL COUNCIL
MEETING
Budget and CIP if
necessary
Medicine Lake Room
7:00 PM
HOUSING AND
REDEVELOPMENT
AUTHORITY
MEETING
Medicine Lake Room
7:00 PM
PARK & REC
ADVISORY
COMMISSION
MEETING
Public Works
Maintenance Building
14900 23rd Ave. N.
ABSENTEE VOTING
BEGINS FOR GENERAL
ELECTION
Page 4
Note: Special Meeting topics have been set by Council; all other topics are tentative.
EDA refers to the Economic Development Authority
Tentative Schedule for
City Council Agenda Items
August 21, Special, 5:30 p.m. Medicine Lake Room (If necessary, conduct regular meeting
at 7 p.m. and then recess back to Study Session)
Budget and CIP
Quarterly City Manager’s update
August 28, Special, 5:30 p.m. Medicine Lake Room
Budget and CIP
August 28, Regular, 7:00 p.m. Council Chambers
Public hearing on Wellhead protection plan
Financial overview
September 4, Special, 6:00 p.m. Medicine Lake Room (if needed)
Budget and CIP
September 11, Special, 5:30 p.m. Medicine Lake Room
TwinWest update
Use of drones by City staff
September 11, Regular, 7:00 p.m. Council Chambers
City Manager’s 2018 Financial Overview
Consider 2019 proposed budget, preliminary general property tax levy, HRA levy and setting
budget public hearing date
September 25, Regular, 7:00 p.m. Council Chambers
Presentation of Volunteer Satisfaction Survey in celebration of 25th Anniversary of Volunteer
Program
Recognize Deputy Police Chief Dan Plekkenpol
October 9, Regular, 7:00 p.m. Council Chambers
October 23, Regular, 7:00 p.m. Council Chambers
November 13, Special, 5:30 p.m. Medicine Lake Room (if needed)
Budget and CIP
November 13, Regular, 7:00 p.m. Council Chambers
Canvass 2018 General Election results
November 27, Regular, 7:00 p.m. Council Chambers
December 11, Regular, 7:00 p.m. Council Chambers
Recognize Police Citizen Academy graduates
Public hearing on 2019 budget, general property tax levy, HRA levy, and 2019-2023 Capital
Improvement Program
Page 5
BUDGET PROCESS
Budget Calendar
2018-2019 Biennial Budget Preparation & 5-yr Capital Improvement Plan
Date Category Description
August 10, 2018 Budget Council receives budget materials for upcoming meeting
August 21, 2018 Budget & CIP Council study session (Budget & CIP meeting #1)
August 28, 2018 Budget & CIP Council Study Session (Budget & CIP meeting #2)
Council Regular Session (Financial Overview)
September 4, 2018 Budget & CIP Council Study Session (Budget meeting #3) (If necessary)
September 11, 2018 Budget Council adopts preliminary levies & budget (Budget meeting #4)
October 3, 2018 CIP Planning Commission public hearing
November 13, 2018 Budget Council Study Session (Budget meeting #5) (If necessary)
December 11, 2018 Budget & CIP Budget Public Hearing, CIP, Budget & Levy Adoption
December 26, 2018 Budget Levy is certified with Hennepin County
Page 6
Page 7
Legal Notice
NOTICE OF PUBLIC HEARING
SHINGLE CREEK and WEST MISSISSIPPI
WATERSHED MANAGEMENT COMMISSIONS
TO WHOM IT MAY CONCERN:
Notice is hereby given that the Shingle Creek and West Mississippi Watershed Management Commissions will meet
at Lancer at Edinburgh, 8700 Edinbrook Crossing, Brooklyn Park, MN, on Thursday, August 9, 2018 at
approximately 12:45 p.m., or as soon thereafter as the matter may be heard, for a public hearing on the following
improvements:
PROJECT 2018-01: CITY COST SHARE BEST MANAGEMENT PRACTICES (BMP) PROJECTS
Location: within Shingle Creek watershed.
Description: Small BMPs that can be retrofit in existing areas to provide additional infiltration and water quality
treatment.
Cost: The estimated project(s) cost is $200,000, with $100,000 borne by city(ies) in which project(s) is(are)
located. The Shingle Creek Commission proposes to fund a matching $100,000 by certifying this cost to
Hennepin County for collection with the county ad valorem tax levy.
PROJECT 2018-02: PARTNERSHIP (PRIVATE) COST SHARE BEST MANAGEMENT PRACTICES
(BMP) PROJECTS
Location: within Shingle Creek watershed
Description: Replicates Project 2018-01 (above) for non-city projects.
Cost: The estimated project(s) cost is $100,000, with $50,000 borne by city(ies) in which project(s) are located.
The Shingle Creek Commission proposes to fund a matching $50,000 by certifying this cost to Hennepin
County for collection with the county ad valorem tax levy.
PROJECT 2018-03: BECKER PARK INFILTRATION PROJECT.
Location: Becker Park, Crystal, MN.
Description: Installation of approximately 72,000 SF of underground storage in Becker Park to treat runoff
from about 147 acres of mostly untreated watershed with goal of improving water quality in Upper Twin Lake.
Cost: The estimated project(s) cost is $2,500,000, with $1,175,000 borne by city in which project is located and
$1,075,000 by grants . The Shingle Creek Commission proposes to fund a matching $250,000 by certifying this
cost to Hennepin County for collection with the county ad valorem tax levy.
PROJECT 2018-04: SRP REDUCTION PROJECT.
Location: Two sites – outlet of Cherokee Wetland on Bass Creek, Brooklyn Park, and at a wetland outletting
into channel directly connected to and discharging into Upper Twin Lake, Crystal.
Description: Field evaluate effectiveness of three types of filter media at reducing soluble reactive phosphorus
(SRP) concentrations in discharge from altered wetlands; permanently install the best-performing filter at the
two outlets
Cost: The estimated project(s) cost is $124,680, with $72,170 funded by grants. The Shingle Creek
Commission proposes to fund a matching $52,510 by certifying this cost to Hennepin County for collection with
the county ad valorem tax levy.
PROJECT 2018-05: CITY COST SHARE BEST MANAGEMENT PRACTICES (BMP) PROJECTS
Location: within the West Mississippi watershed
Description: Replicates Project 2018-02 (above)
Cost: The estimated project(s) cost is $100,000, with $50,000 borne by city(ies) in which project(s) is(are)
located. The West Mississippi Commission proposes to fund a matching $50,000 by certifying this cost to
Hennepin County for collection with the county ad valorem tax levy.
The Shingle Creek Commission and West Mississippi Commission propose to proceed under the authority
granted by MN Stat., Sec. 103B.251 to certify their share of the projects’ cost to Hennepin County for payment
by a tax levy on all taxable property located within their respective watersheds. The Shingle Creek watershed
Page 8
includes portions of the cities of Brooklyn Center, Brooklyn Park, Crystal, Maple Grove, Minneapolis, New
Hope, Osseo, Plymouth, and Robbinsdale. The West Mississippi watershed includes portions of the cities of
Brooklyn Center, Brooklyn Park, Champlin, Maple Grove, and Osseo. Maps of the watersheds are available at
the respective city halls or at www.shinglecreek.org.
Persons who desire to be heard with reference to the proposed improvements will be heard at this meeting. Written
comments may be submitted to R.A. Polzin, c/o JASS, 3235 Fernbrook Lane, Plymouth, MN 55447, or emailed to
judie@jass.biz. Auxiliary aids for persons with handicaps are available upon request at least 7 days in advance.
Please contact Judie Anderson at 763-553-1144 to make arrangements.
/s/ R.A. Polzin/Gerald Butcher, Chairs
By order of the Shingle Creek and West Mississippi Watershed Management Commissions
# # #
Published between July 23 and August 3, 2018 in the Osseo-Maple Grove Press.
Z:\Shingle Creek\CIPs\2017\Legal Notice_2017 projects.doc
Page 9
City of Plymouth
News Release
For Immediate Release
July 24, 2018
Contact: Paul Pearson
Recreation Supervisor
City of Plymouth
763-509-5228
ppearson@plymouthmn.gov
Kids Fest set for Aug. 2
Plymouth, Minn. – The City of Plymouth will hold Kids Fest 6-9 p.m. Thursday, Aug. 2 at the Hilde
Performance Center, 3500 Plymouth Blvd.
A summer carnival with a splash of learning, Kids Fest returns to Plymouth featuring inflatables, games
and prizes, eco-friendly activities, animals, entertainment and face painting.
Food, snacks and beverages are available for purchase from food trucks at the event.
Schedule
6-6:45 p.m. – Minnesota Zoomobile: Tropical Rainforests
Guests can explore the various layers of the rainforest, meet rainforest animals and learn about the
importance of this complex ecosystem.
6-9 p.m. – Games, Activities
Games and activities will be held on the lawn at the Hilde. Game tickets cost 25 cents each, and games
require one to four tickets.
Unlimited wristbands are available for purchase. Wristbands cost $8 if purchased by 4:30 p.m. Monday,
July 30, or $10 at the event. To purchase a wristband before the event, call 763-509-5200 or visit
plymouthmn.gov/recreation.
6:30-7:30 p.m. – Dazzling Dave: National Yo-Yo Master
A professional yo-yo performer and one of 16 Yo-Yo Masters officially recognized by the National Yo-Yo
League, Dazzling Dave will stroll through the Hilde performing tricks and entertaining attendees.
7:30-8:45 p.m. – The Jolly Pops
Three self-proclaimed “happy dads” flanked by puppets, the Jolly Pops offer free children’s music and
entertainment. The trio released an album in 2014 titled “I didn’t do it!” and a second in 2018 titled,
“We are Happy Dads.”
Cutline: A summer carnival with a splash of learning, Kids Fest is set for Thursday, Aug. 2 at the Hilde
Performance Center. The event features inflatables, games, face painting, animals and entertainment.
-30-
Page 10
City of Plymouth
News Release
For Immediate Release
July 24, 2018
Contact: Alyssa Fram
Recreation Supervisor
City of Plymouth
763-509-5225
afram@plymouthmn.gov
Plymouth Sings seeks best vocalist to compete at state level
Plymouth, Minn. – Plymouth Sings is seeking the best vocalist in town to represent the community on
stage at the state competition, Minnesota Sings.
To be eligible, singers must live, work or attend school in Plymouth and be between 15 and 25 years old
(valid identification required).
Minnesota Sings final contestants may be awarded cash prizes, studio recording time or music gear.
Auditions set for Aug. 15-16
In partnership with Minnesota Sings, Plymouth will hold auditions 6:30-8:30 p.m. Wednesday, Aug. 15
and Thursday, Aug. 16 at the Plymouth Creeks Center’s Black Box Theater, 14800 34th Ave. N.
To schedule an audition time, call 763-509-5200 – requests are taken on a first-come, first-served basis.
Judges will decide who will advance to the Plymouth Sings Finals.
Public Invited to Plymouth Sings Finals Aug. 25
Final competition for Plymouth Sings is set for 2 p.m. Saturday, Aug. 25 at the Hilde Performance Center,
3500 Plymouth Blvd. The public is welcome to view the final competition at no cost.
The winner and runner-up from the finals will represent Plymouth at the Minnesota Sings State Finals
Saturday, Sept. 29 and Sunday, Sept. 30 in Woodbury. Prizes at the state finals total $10,000.
Visit minnesotasings.com for more information.
-30-
Page 11
City of Plymouth
News Release
For Immediate Release
July 25, 2018
Contact: Sara Lynn Cwayna
Public Safety Education Specialist
City of Plymouth
763-509-5198
scwayna@plymouthmn.gov
Plymouth set to celebrate Night to Unite Aug. 7
Plymouth, Minn. – Plymouth residents are encouraged to step outside and meet neighbors, police
officers, firefighters and city officials at Night to Unite Tuesday, Aug. 7 in Plymouth.
The annual statewide crime prevention and community building event is a great way to get out of the
house and strengthen community ties.
Block Parties
Many Plymouth neighborhoods hold block parties featuring potlucks, pizza parties, dessert buffets or
cookouts as a way to bond with neighbors.
Plymouth police officers, firefighters and City Council members may stop by registered block parties to
visit with community members and neighbors. For more information, visit plymouthmn.gov/ntu.
Cutline: Plymouth residents are encouraged to meet neighbors, police officers, firefighters and city
officials at Night to Unite neighborhood block parties Tuesday, Aug. 7 in Plymouth.
- 30 -
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Page 13
ORDINANCE NUMBER THIRTEEN
RECYCLING
FOR HENNEPIN COUNTY
Adopted by the
Hennepin County Board of Commissioners
October 30, 1986
Amended on XXX, XX, 2018
Section I Definitions
Section II General Provisions for Cities
Section III General Provisions for Multifamily Housing
Section IV General Provisions for Commercial Generators
Section V Shared Provisions for Multifamily Housing and Commercial Generators
Section VI Violations
Section VII Separability
Section VIII Provisions are Accumulative
Purpose
This Ordinance regulates the separation of Mixed Recyclables and Organic Material from
Waste by Generators. This Ordinance is consistent with County adopted goals established
by the Minnesota Pollution Control Agency in its Metropolitan Solid Waste Management
Policy Plan and mandated by Minnesota Statute, section 115A.551, subdivision 2a,
requiring a 75 percent Recycling rate by 2030. This Ordinance satisfies statutory
obligations and is authorized pursuant to authority in Minnesota Statutes, section
115A.551 – 115A.553, and 473.811. The County Board of Hennepin County, Minnesota,
does therefore ordain this Ordinance Thirteen.
SECTION I DEFINITIONS
The following words and phrases, when used in this Ordinance, shall have the meanings
ascribed to them in this section.
“Anaerobic Digestion” means the process during which microorganisms break down
Organic Material in the absence of oxygen in an enclosed vessel to produce energy and
beneficial soil or agricultural supplements.
“Back-of-House” means the kitchen, food preparation, dishwashing, and storage areas of
a commercial establishment that are not accessed by customers or the public.
“Beneficial Use” means an activity that serves to reuse nutrients through processing of
Organic Material, such as consumption by humans or animals, Composting, Anaerobic
Digestion, and additional methods as designated by the Department in collaboration with
local facilities that manage Organic Material and further defined in Section IV.
Page 14
“Bin” means any receptacle including but not limited to a barrel or cart that is used for
the Collection, storage, or transport of Waste to a Collection Container serviced by a
Hauler for transport to a Disposal Facility, Organic Material Management Facility, or
Materials Recovery Facility.
“Bulky Items” means those items that are not included in regular Collection Service by a
Hauler and include large items like mattresses and furniture that cannot fit into Collection
Containers.
“Bureau” means the County Violations Bureau.
"Cities" mean statutory and home rule charter cities authorized to plan under Minnesota
Statutes, sections 462.351 to 462.364.
"Collection" means the aggregation of Waste from the place where it is generated and
includes all activities up to the time when the Waste is delivered to a Materials Recovery
Facility, Organic Material Management Facility, or a Disposal Facility.
“Collection Container” means the receptacle that is provided, designated, and serviced by
the Hauler for the Collection of any Waste, including but not limited to barrels, carts,
dumpsters, roll-off containers, or compactors.
“Collection Service” means a service providing scheduled Collection and disposal of any
Waste.
“Commercial Composting Facility” means a site used to compost Organic Material,
including Food Scraps, which have been Source Separated as defined in Minnesota
Rules, part 7035.0300, Subpart 105b, and which meets applicable State and local
requirements for composting Organic Material.
“Commercial Generator” means an entity that is not considered a Residential Generator
or Multifamily Housing, or is not exclusively residential in nature.
“Compost” means the product resulting from the controlled biological decomposition of
Organic Material that has been sanitized through the generation of heat and stabilized to
the point that it is beneficial to plant growth and can be used as a soil amendment without
further processing.
“Compostable” means that a material or product will biodegrade without leaving a
residue or any toxicity in the soil. Any compostable plastics or lined papers must meet
ASTM D6400 and ASTM D6868, respectively, as certified by the Biodegradable
Products Institute.
“Composting” means the controlled biological decomposition of Organic Material
through an aerobic method of accelerating natural decomposition.
Page 15
"County" means Hennepin County.
"County Board" means the Hennepin County Board of Commissioners and authorized
representatives.
“Covered Generators” are any commercial Generators of Organic Material that must
comply with this Ordinance as stated in Section IV.
“Curbside Collection” means the pickup of Waste from residential households that are
single family through eight-plex residential buildings or other residential buildings,
where each household has its own container for Collection.
"Department" means the Hennepin County Environment and Energy Department.
"Disposal Facility" means a Waste facility permitted by the Minnesota Pollution Control
Agency (MPCA) that is designed or operated for the purpose of disposing of Waste on or
in the land together with any appurtenant facilities needed to process Waste for disposal
or transfer to another Waste facility.
“Food Scraps” means all material resulting from the production, storage, preparation,
processing, cooking, handling, selling, or serving of food for human or animal
consumption, including but not limited to, meats, grains, dairy, fish, fruits, and
vegetables.
“Food-to-Animal Programs” means all Food-to-Animal-Feed Processing and Food-to-
Livestock programs.
“Food-to-Animal Feed Processing” means the process of using grains, cereals, vegetable
and animal by-products to create a feed for animals.
“Food-to-Livestock” means the process of re-using and recycling food and Food Scraps
as feed for livestock, subject to regulation in Minnesota Statutes, sections 35.751 and
35.76.
"Generation" means the act or process of producing Waste.
"Generator" means any Person who generates Waste.
"Hauler" means any Person who owns, operates or leases vehicles for the primary
purpose of Collection and transportation of any type of Waste.
“Household Hazardous Waste” means materials generated in a residential household,
which includes any dwelling from a single unit including all Multifamily Housing
properties, that is in solid, semi-solid, liquid, or contained gaseous form that, because of
Page 16
its quantity, concentration, or chemical, physical, or infectious characteristics, may (a)
cause or significantly contribute to an increase in mortality or an increase in serious
irreversible or incapacitating reversible illness; or (b) pose substantial present or potential
hazard to human health or the environment when improperly treated, stored, transported,
disposed of, or otherwise managed. Categories of hazardous waste materials include, but
are not limited to, explosives, flammables, oxidizers, poisons, irritants, and corrosives.
Household Hazardous Waste does not include source, special nuclear, or M by-product
materials as defined by the Atomic Energy Act of 1954, as amended.
“Materials Recovery Facility” means a permitted facility where Mixed Recyclables are
received to be prepared for reuse in their original form or for use in manufacturing
processes that do not cause the destruction of the materials in a manner that precludes
further use. It does not include a manufacturer using recyclable materials as feedstock.
This includes a transfer station where Mixed Recyclables are delivered, temporarily
stored and sent to a facility where it is processed for Recycling.
"Metropolitan Council" means the council established in Minnesota Statutes, section
473.123.
"Mixed Recyclables" means materials that are separated from Waste for the purpose of
Recycling, whether or not these materials are commingled for Collection. These
materials, as designated by the Department in collaboration with local Materials
Recovery Facilities, are intended for transformation, processing, and remanufacturing.
"Multifamily Housing" means an apartment building, a manufactured home, a
condominium, a townhouse, a cooperative housing unit, or any other property where a
property manager or association coordinates Collection Service for residents of the
housing.
“Organic Material” means the portion of Waste that is Source Separated for the purpose
of Beneficial Use, and may include food, Food Scraps and other materials as designated
by the Department in collaboration with local Organic Material Management Facilities.
For the purpose of this Ordinance, Organic Material excludes Yard Waste regulated in
Minnesota Statute, section 115A.931.
“Organic Material Drop-off Site” is a site that accepts Organic Material self-hauled by
residents for the purpose of collection and transport to an approved facility for Beneficial
Use. The site may be a stand-alone site or be co-located at an existing Disposal Facility,
Materials Recovery Facility, or transfer station.
“Organic Material Management Facility” means a facility where Organic Material is
received and processed for Beneficial Use. This includes a transfer station where Organic
Material is delivered, temporarily stored and sent to a facility where it is processed for
Beneficial Use.
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"Person" means any human being, any city or other public agency, any public or private
corporation, any partnership, any firm, association, or other organization, any receiver,
trustee, assignee, agent or other legal representative of any of the foregoing or any other
legal entity.
"Recycling" means the process of collecting and preparing Mixed Recyclables and
reusing the materials in their original form or using them in manufacturing processes that
does not cause the destruction of those materials precluding further use.
“Residential Generator” means a Generator who pays for Waste collection or disposal
services for a residential building including but not limited to a single family home, a
duplex, a tri-plex, a four-plex, an apartment building, a manufactured home, a
condominium, a townhouse or a cooperative housing unit.
“Responsible Party” means the owner or their designee of a commercial property or business
including any Multifamily Housing building or complex covered under this Ordinance.
"Source Separation" means the separation of Mixed Recyclables and Organic Material
from Trash at the source of Generation.
“Trash” means non-recyclable material that is designated for landfill or incinerator
disposal by the Hauler. The term “Trash” does not include hazardous waste as defined in
Minnesota Statutes, section 116.06, subdivision 11, or construction debris as defined in
Minnesota Statutes, section 115A.03, subdivision 7.
"Waste” means all Trash, Mixed Recyclables, and Organic Material from residential,
commercial, industrial, and community activities.
“Waste Reduction” or "Source Reduction" means an activity that prevents Generation of
Waste or the inclusion of toxic materials in Waste, including reusing a product in its
original form; increasing the life span of a product; reducing amount of material or the
toxicity of material used in production or packaging; or changing procurement,
consumption, or Waste Generation habits to result in smaller quantities or lower toxicity
of Waste generated as defined in Minnesota Statutes, section 115A.03, subsection 36b.
“Yard Waste” means plant materials including grass clippings, leaves, weeds, garden
plants, and brush and branches under four inches in diameter and four feet in length.
SECTION II GENERAL PROVISIONS FOR CITIES
Subsection 1: Mixed Recyclables Collection requirements
A. Curbside Collection of Mixed Recyclables
Cities shall have an ordinance that requires the separation of Mixed Recyclables for
Curbside Collection. Cities shall ensure the provision of Curbside Collection of Mixed
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Recyclables to all residential households, single-family through eight-plex residential
buildings or other residential buildings, where each housing unit has its own Trash
Collection Container for Curbside Collection. It is the responsibility of each City to
enforce its ordinance relating to the Curbside Collection of Mixed Recyclables within the
boundaries of the City.
B. Materials Accepted for Recycling
A City’s Curbside Collection program must accept a list of Mixed Recyclables as
designated by the County. The County will update the list of materials as needed,
distribute the list to City recycling coordinators, and post the list on the County’s website.
Subsection 2: Organic Material Collection requirements
A. Curbside Collection of Organic Material
By January 1, 2022, Cities shall provide the opportunity to participate in Curbside
Collection of Organic Material to all residential households, single-family through eight-
plex residential buildings or other residential buildings, where each household has its
own Recycling Collection Container for Curbside Collection. Curbside Collection of
Organic Material must be provided year round on a weekly basis.
Cities shall make Curbside Collection of Organic Material available by contracting for
citywide service or by requiring Haulers to provide the service. If a City does not provide
Curbside Collection of Organic Material by contracting for citywide service, the City
shall require Haulers to provide it. Haulers shall provide Curbside Collection of Organic
Material upon request to households that have Curbside Collection for Mixed
Recyclables.
Cities shall require Haulers to provide the following information annually, to the City:
• A description of how Organic Material will be collected.
• A schedule of proposed rates to be charged for the Curbside Collection of Organic
Material.
• Items included with Curbside Collection that are built into the proposed rates.
• A communications plan which includes the method(s) and frequency of
communications that notify residents of the availability of Curbside Collection.
• Communication materials provided to residents.
• Reports with number of participants, tonnages, and other metrics as identified by
the City and the County.
• The Organic Material Management Facility where Organic Material is delivered.
• The contact information of a representative who works for the Hauler who can
respond to inquiries related to the requirements of this Ordinance.
Haulers must provide the following to residents:
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• Instructions on how residents sign up for the Curbside Collection of Organic
Material.
• Instructions on how residents should prepare Organic Material for Curbside
Collection.
• A Curbside Collection schedule or calendar.
Cities shall share this information with the County as required by the reporting
requirements in Section II, Subsection 4 of this Ordinance.
B. Curbside Collection exemption for Cities of the fourth class
If a City of the fourth class, as defined in Minnesota Statutes, section 410.01, chooses not
to meet Section II, Subsection 2A of this Ordinance, it must provide at least one Organic
Material Drop-off Site within its geographic boundaries by January 1, 2022. A City of the
fourth class may partner with nearby Cities to meet this requirement with prior approval
by the Department.
C. Preferable practices for Curbside Collection of Organic Material
The County has established the following program preferences for Curbside Collection of
Organic Material.
It is preferable for the City to contract for Curbside Collection of Organic Material with
Haulers on behalf of residents. It is less preferable when a City enacts a Hauler
requirement to ensure Curbside Collection of Organic Material is available to residents.
It is preferable for a City to implement a program where everyone pays. In this system,
all households pay for the Curbside Collection of Organic Material whether or not a
household has signed up for the service. It is less preferable for a City to implement a
program where only subscribers pay. In this system, a household pays only when signed
up for Curbside Collection of Organic Material.
It is preferable for a City to implement an opt-out program where households
automatically receive Curbside Collection of Organic Material and must opt-out to stop
receiving the service. It is less preferable for a City to implement an opt-in program
where households must take action to sign up for and receive Curbside Collection of
Organic Material.
D. Approval for less preferable management
A City shall not change its existing program for the Curbside Collection of Organic
Material in a manner that replaces a preferable practice with a less preferable practice
unless the County provides written approval of the program changes.
Subsection 3: Education requirements
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Cities shall:
• Use County terminology on promotional materials when describing Mixed
Recyclables and Organic Material guidelines, including the description of
materials accepted and not accepted, as well as preparation guidelines.
• Use images approved by the County if using images of Mixed Recyclables and
Organic Material.
• Provide information on the City’s website, including materials accepted and not
accepted, a Collection Service calendar, and links to County resources on waste
management.
• Provide a guide on Mixed Recyclables and Organic Material to residents each
year. The guide shall contain information on Curbside Collection, materials
accepted and not accepted, and a Curbside Collection calendar.
• Complete two educational activities each year to promote Curbside Collection.
The County will provide a list of activities to city recycling coordinators.
Subsection 4: City r eporting requirements to the Department
Each City shall report all information relating to Waste Generation, Collection, and
disposal within its boundaries to the Department. Such information shall include data on
tonnage of Waste generated in the City, licensing and contract information, a description
of Waste management programs, financial information, and any additional information as
requested by the Department. Such information shall be provided on an annual basis by
or on February 15th of each year or as otherwise directed by the Department.
Subsection 5: Failure to meet requirements
A. Compliance
It is the responsibility of each City to meet the requirements of this Ordinance. The
implementation of the County requirements for Cities shall be the responsibility of each
respective City. Nothing in this Ordinance shall preclude the Collection of Yard Waste,
although Yard Waste Collection alone is not sufficient for a City to be compliant with the
Ordinance. If a City should fail to implement the requirements by January 1, 2022, the
enforcement provisions in this Ordinance, Section II, Subsection 5.B, shall come into
effect.
B. County Enforcement
If any City fails to establish or implement any or all of the requirements in Section II of
this Ordinance, the County Board may implement any of the requirements of this
Ordinance within the boundaries of the City. The County Board, to the extent that it has
assumed the responsibilities that the City has failed to assume, may seek reimbursement
from a City for all costs, expenses, and expenditures that the County has incurred incident
to the adoption, implementation, administration, and enforcement of this Ordinance
within the boundaries of a City through any means available under Minnesota law.
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SECTION III GENERAL PROVISIONS FOR MULTIFAMILY HOUSING
Subsection 1: Mixed Recyclables Collection requirement
Upon execution, Cities shall have an ordinance that requires property owners of
Multifamily Housing to provide Collection Service for lessees. Mixed Recyclables
Collection Service must be available at all Multifamily Housing buildings within
Hennepin County. It is the responsibility of each City to enforce its ordinance(s) relating
to the Collection of Mixed Recyclables from Multifamily Housing within the boundaries
of the City.
Responsible Parties must enter into an agreement with a Hauler to provide Collection
Service to collect Mixed Recyclables from each building.
The agreement between the Responsible Party and Hauler must also provide for the
Collection and delivery of these materials to a Materials Recovery Facility. Mixed
Recyclables must go to a Materials Recovery Facility, and if Organic Material Collection
Service is provided, Organic Material must be delivered to an Organic Material
Management Facility.
Subsection 2: Education requirements
The Responsible Party must distribute written information about the Collection Service to
each occupied building unit at the time of leasing and at least annually thereafter. If
Collection Service for Organic Material is available, this information must include details
pertaining to that program.
Educational material and instructions may be provided in print or electronic form and
shall include, but not be limited to:
• Reasons to properly manage Mixed Recyclables, Organic Materials, and adopt
practices that result in Waste Reduction.
• Collection Services, including which materials are collected and how they must
be prepared.
• Disposal options for Household Hazardous Waste and Bulky Items.
• Location of Collection Containers for lessees to use.
• Contact information, which includes a representative to contact and phone
number for the Hauler.
• Contact information for the City or County for additional information.
Educational materials are available from the County. The County has the authority to
request verification of annual education practices. A record must be kept to meet the self-
inspection requirement in Section V, Subsection 3.A of this Ordinance.
Subsection 3: Bin and labeling requirements
Responsible Parties must make Collection for Mixed Recyclables convenient for lessees.
Responsible Parties shall:
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• Provide separate Bins for the disposal of Mixed Recyclables where Trash is also
being collected in common areas, including, but not limited to laundry rooms,
mail pickup area, and community rooms.
• Conveniently locate sufficiently sized Bins for the amount or volume of Waste
generated.
• Affix a label on each Bin to indicate which Waste type should be placed inside
the Bin. Replace label if it becomes damaged, faded, illegible, or when images or
text conflict with the acceptable materials.
Labels on Bins must:
• Clearly and legibly state a Waste type and show images of acceptable materials
for Mixed Recyclables and Organic Material.
• Be color-coded to differentiate the material being collected. The color blue must
be used for Mixed Recyclables; green for Organic Material for Composting or
Anaerobic Digestion; and red, gray or black for Trash.
• Include standardized and relevant terminology.
• Include preparation instructions where applicable.
Labels and signs that meet these requirements are available from the County.
SECTION IV GENERAL PROVISIONS FOR COMMERCIAL GENERATORS
Subsection 1: Mixed Recyclables Collection requirement
This Ordinance incorporates by reference the obligations placed on public entities,
commercial buildings and sports facilities in Minnesota Statutes, section 115A.151, and
all subsequent codifications.
Subsection 2: Organic Material Collection requirement
In addition to the obligations in Minnesota Statutes, section 115A.151, Covered
Generators must implement a Collection program to divert food and Food Scraps from
Back-of-House for Beneficial Use by January 1, 2020.
A. Covered Generators
Commercial Generators covered under this Ordinance include the following business
types : restaurants; grocery stores; food wholesalers, distributors and manufacturers;
hotels; hospitals; sports venues; event centers; caterers; nursing and residential care
facilities; office buildings with dining services; farmers markets; food shelves and food
banks; colleges and universities; shopping centers; airports; golf clubs and country clubs;
and public/rentable commissaries or kitchens.
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Covered Generators are those aforementioned public, nonprofit, and for profit businesses
that generate one ton of Trash per week or contract for eight cubic yards or more per
week of Collection Service for Trash as of January 1, 2020.
B. Beneficial Use
For the purpose of this Ordinance, Beneficial Use of Organic Material includes the
following:
• Donation of edible food for human consumption (must be done in combination
with other management methods)
• Collection of food and Food Scraps for Food-to-Animal Programs (this may
include either Food-to-Livestock or Food-to-Animal-Feed Processing).
• Collection of food, Food Scraps and other Compostable materials for Composting
at a Commercial Composting Facility.
• Collection of food and Food Scraps for Anaerobic Digestion. Anaerobic
Digestion may accommodate other Compostable materials designated by the
Department and must be accepted by the Anaerobic Digestion facility.
• Additional methods may be included but must be reviewed and approved by the
Department.
In accordance with the 2013 Metropolitan Council Environmental Services Waste
Discharge Rules, Prohibited Waste Discharges, section 406.21, directly disposing of any
more than incidental amounts of food and Food Scraps through the public sewer system
to avoid off-site disposal is prohibited and is not compliant with this Ordinance.
Nothing in this Ordinance shall preclude a Covered Generator or other licensed food
establishment from donating leftover or unsold food that is fit for human consumption to
a food shelf, food bank, shelter, or other food reuse program, or from implementing
Source Reduction strategies to reduce their Generation of excess food and Food Scraps.
In fact, the Department considers these management options of food to be of highest
priority. However, unless otherwise petitioned by the Covered Generator and approved
by the Department, these actions alone shall not be considered sufficient compliance with
this Ordinance.
C. Collection requirements
Food and Food Scraps must be Source Separated from other Waste in all Back-of-House
areas where Organic Material is Generated and Collected. The Covered Generator shall
abide by the following requirements:
• Provide sufficiently sized Bins for the amount or volume of Organic Material
generated in any Back of House area.
• Conveniently locate each Bin in a manner to promote its use. Bins must be readily
accessible to employees any time there is access to Bins for Trash.
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• Affix a label on each Bin to indicate only Organic Material may be placed in the
Bin. Replace label if it becomes damaged, faded, illegible or when images or text
conflict with the acceptable materials.
Covered Generators must either obtain the proper license to self-haul or contract with a
Hauler to collect and deliver all of a Covered Generator’s food and Food Scraps to one or
more Organic Material Management Facilities.
Where a building owner rents, leases, or lets space to a business that is a Covered
Generator, the building owner is responsible to either provide a Collection system on
behalf of the tenant or to facilitate and allow the tenant to set up their own Collection
Service for Organic Material.
The building owner and Covered Generator shall not contaminate or commingle Organic
Material that has been Source Separated in a manner that would make it unfit for an
Organic Material Management Facility.
A Covered Generator may collect other Compostable material in addition to food and
Food Scraps provided that the collected materials are appropriate for the intended
Organic Material Management Facility.
D. Education requirements
Covered Generators shall post instructions on the separation requirements for Organic
Materials in an area where such instructions will be visible to employees who are
disposing of Organic Materials. The instructions shall state that Organic Material is
required to be Source Separated and shall explain which materials must be Source
Separated according to the intended Beneficial Use. The Department will post guidelines
on accepted materials on the County website and regularly update such information.
Covered Generators shall provide training opportunities to all new employees and
subcontractors and review Collection procedures of Organic Materials with all employees
and subcontractors at least once per year. A record of trainings must be kept to meet the
self-inspection requirement in Section V, Subsection 3.A of this Ordinance.
Subsection 3: Bin and labeling requirements
Responsible parties shall:
• Provide sufficiently sized Bins for the amount or volume of Mixed Recyclables
generated if Bins for Trash are also provided.
• Conveniently locate sufficiently sized Bins for the amount or volume of Waste
generated.
• Affix a label on each Bin to indicate which Waste type should be placed inside
the Bin. Replace label if it becomes damaged, faded, illegible, or when images or
text conflict with the acceptable materials.
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Labels on Bins must:
• Clearly and legibly state a Waste type and show images of acceptable materials
for Mixed Recyclables and Organic Material.
• Be color-coded to differentiate the material being collected. The color blue must
be used for Mixed Recyclables; green for Organic Material for Composting or
Anaerobic Digestion; and red, gray or black for Trash.
• Include standardized and relevant terminology.
• Include preparation instructions where applicable.
Labels and signs that meet these requirements are available from the County.
SECTION V: SHARED PROVISIONS FOR MULTIFAMILY HOUSING AND
COMMERCIAL GENERATORS
Subsection 1: Collection requirements
A. Collection Container and Collection Service requirements:
The Responsible Party shall ensure that Collection Containers for Mixed Recyclables and
Organic Material are as conveniently located for tenants and lessees to access as are
Collection Containers for Trash. Collection Containers must be located in an unlocked
room or area, having appropriate aisle space that allows unobstructed access for the user.
Access to Collection Containers for Mixed Recyclables and Organic Material must be
allowed any time there is access to a Collection Container for Trash.
Collection Service must be adequate for the Mixed Recyclables and Organic Material
generated onsite. In the event that Mixed Recyclables or Organic Material are
overflowing Collection Containers and subsequently being discarded as Trash, hauling
frequency or Collection Container size must be adjusted within 30 days to accommodate
the material being generated.
Collection Containers provided by contracted Haulers shall be maintained in clean and
sanitary condition in accordance with all pertinent health statutes, ordinances, rules, and
regulations. Collection Containers must be located in such a manner to prevent them from
being overturned or from obstructing pedestrian or motor vehicle traffic or be in violation
of any statute, ordinance, rule, or regulation.
B. Labeling requirements
Collection Containers must be labeled by Haulers to designate the type of material to be
placed therein and must meet the following requirements. Labels must:
• Be visible from all points of access for the user.
• Clearly and legibly state a Waste type and show images of acceptable materials
for Mixed Recyclables and Organic Material.
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• Be color-coded to differentiate the material collected. The color blue must be
used for Mixed Recyclables; green for Organic Material for Composting or
Anaerobic Digestion; and red, gray or black for Trash.
• Include standardized and relevant terminology.
• Include preparation instructions where applicable.
• Be sized a minimum of 8 ½ inches by 11 inches and include Waste type in letters
at least one inch high for Collection Containers that are barrels or carts.
• Be sized a minimum of 11 inches by 17 inches and include Waste type in letters
at least one inch high for Collection Containers other than barrels or carts that are
up to four yards in volume.
• Be sized a minimum of 18 inches by 24 inches and include Waste type in letters
at least two inches high for Collection Containers larger than four yards in
volume.
• Be replaced if damaged, faded, illegible or when images or text on the label
conflict with materials accepted in Collection of Mixed Recyclables and Organic
Material.
Labels and signs that meet these requirements are available from the County. Further
specifications relating to Collection Containers may be designated by the Department and
will be posted on the County’s website.
Subsection 2: Enforcement
Enforcement provisions shall be applicable to any Responsible Party that fails to
implement the requirements of this section by January 1, 2020. The implementation and
enforcement shall be coordinated through the Department, which may cooperate with
other governmental agencies in the furtherance of Section III, Section IV, and Section V
of this Ordinance.
A. Warnings
The Department or any of its authorized representatives may issue a warning notice to
any Person observed to be not in compliance with any provision of this Ordinance. The
warning notice shall be on a form provided by the Department.
B. Misdemeanor
Any Person who fails to comply with the provisions of this Ordinance may be charged
with a misdemeanor. It is a separate offense for each day that the violation occurs or
continues.
C. Remedies Cumulative
No remedy established by this Ordinance is intended to be exclusive of any other
available remedy or remedies, but each and every such remedy shall be cumulative and
shall be in addition to every other remedy given under this Ordinance in equity or by
statute.
D. Injunctive Relief
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In the event of a violation or a threat of violation of this Ordinance, the County may
institute appropriate actions or proceedings, including application for injunctive relief,
action to compel performance, or other appropriate action to prevent, restrain, correct, or
abate such violations or threatened violations.
E. Costs and Special Assessments
If any Person within the County collects or disposes of Mixed Recyclables or Organic
Material in violation of this Ordinance, the County may take the necessary steps to
correct such violations, and the resulting costs may be recovered in a civil action in any
court of competent jurisdiction or, at the discretion of the County Board, the costs may be
certified to the County Auditor as a special tax against the real property owned by such
Person.
F. Citations
The Department or any of its authorized representatives shall have the power to issue
citations for violations of this Ordinance.
a) Form of Citations: Citations shall contain at least the following:
1. The name and address of the Person charged with the violation or the owner or
Person in charge of the premises at which the violation occurs.
2. The date and place of the violation.
3. A short description of the violation followed by the section of this Ordinance
violated.
4. The date and place at which the Person receiving the citation shall appear and a
notice that if such Person does not respond, a warrant may be issued for such
Person's arrest.
5. The name of the representative issuing the citation.
6. Such other information as the Court may specify.
b) Issuance of Citations: Whenever any representative of the Department discovers any
violation of this Ordinance, that representative may issue a citation to the Person alleged
to have committed the violation and such citation shall be in the form specified in
paragraph a) of this subsection. Such citation shall be made out in quadruplicate (4). One
copy thereof shall be issued to the Person alleged to have committed the violation; one
copy shall be filed with the Department; two copies thereof shall be filled with the
Bureau.
G. Other Options allowed under Minnesota Law.
In addition to the above enforcement options, the Department reserves the right to
exercise any other option available under Minnesota law existing at the time of an
Ordinance 13 violation.
Subsection 3: Implementation
A. Self-inspection program
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Every Responsible Party shall arrange for and maintain a program for self-inspection.
The self-inspection program shall include confirmation acceptable to the Department that
requirements listed under Section III; Section IV; and Section V, Subsection 1 are met.
The Department may establish a self-reporting form to be completed within a regular
interval no more frequent than annually, which may include, but is not limited to,
program description, proof of hauling or other Waste management contract information,
Waste Collection Service volumes and frequency, training plan, and financial information
related to all Waste.
B. Department Inspection
Inspection and evaluation listed in Section V, Subsection 2 and Section V, Subsection 3
shall be completed in such a frequency to ensure consistent compliance by Responsible
Parties and Haulers with Section III, Section IV, and Section V of this Ordinance. The
Department shall provide the Responsible Party with written notice of any deficiencies,
corrections, and the date by which the corrections shall be accomplished. At the
Department’s election, the owner and/or operator shall allow the authorized
representative of the Department to collect samples of Waste to evaluate contamination
levels. The Responsible Party shall allow free access at all reasonable times to inspect
and copy all business records related to Waste collection. The Responsible Party shall
report to the County upon request information such as the business name, address, and
telephone number of each contracted Hauler, as well as the day(s) of pickup and days
which Disposal Facility, Materials Recovery Facility or Organic Material Management
Facility is receiving the material. The Responsible Party shall allow the authorized
representative from the Department to record and document their findings in any
reasonable and appropriate manner including, but not limited to, notes, photographs,
photocopies, video recordings, audio recordings, and computer storage systems or other
electronic media. When requested by an authorized representative of the Department, the
owner and/or operator shall provide photocopies or electronic copies of records including
scans, electronic image files, or other electronic files of records.
C. Right of entry
Whenever necessary to perform an inspection to enforce any of the provisions of this
Ordinance or whenever the Department has reasonable cause to believe that a
Responsible Party is not compliant, the authorized representative of the Department may
enter such building or premises during business hours to inspect to ensure compliance
with this Ordinance. If such building or premises is occupied, the authorized
representative shall first present proper credentials and demand entry. Advanced notice is
not required. If such entry is refused or cannot be obtained, the Department shall have
recourse to every remedy provided by law to secure entry including administrative search
warrants. If the owner or other Person having control of the premises has previously
stated that they will refuse to allow the authorized representative of the Department entry
for inspections, then the Department shall have the authority to obtain an administrative
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search warrant in advance of an inspection at that premises, without first being denied
entry.
SECTION VI VIOLATIONS
It shall be unlawful for any Person other than Haulers to distribute, collect, remove or
dispose of Mixed Recyclables after said materials have been placed or deposited for
Collection Service.
It shall be unlawful for a Person to collect, remove or dispose of Trash which consists of
Mixed Recyclables combined with other forms of Trash.
Pursuant to Minnesota Statutes, sections 115A.95 and 115A.553, it shall be unlawful for
a Hauler to dispose of any Source Separated Mixed Recyclables or Organic Material at a
waste-to-energy facility or landfill.
Nothing in this Ordinance shall abridge the right of any Person to give or sell their Mixed
Recyclables or Organic Material to any Recycling program lawfully operated for profit,
non-profit or charitable purposes.
Nothing in this Ordinance shall abridge the right of any authorized Recycling program to
lawfully operate within the County, subject to such other licenses or other regulations as
may be required by law.
SECTION VII SEPARABILITY
The provisions of this Ordinance are separable. If any court of competent jurisdiction
adjudges any provision of this Ordinance to be invalid, such judgment shall not affect any
other provision of this Ordinance not specifically included in the judgment.
SECTION VIII PROVISIONS ARE ACCUMULATIVE
The provisions of this Ordinance are accumulative to all other current or future laws,
ordinances, and regulations, covering any subject matter in this Ordinance.
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