The purpose of this ordinance is to establish standards for disposal of solid waste within Hennepin County and the operation of solid waste facilities in Hennepin County, Minnesota, in accordance with Minn. Stat. § 473.811.

To accomplish this purpose, the ordinance sets forth:

License requirements for the establishment and operation of a solid waste facility
Design and construction requirements for solid waste facilities;
Insurance and performance bond requirements;
Solid waste facility operating requirements;
Requirements preventing illegal dumping;
Requirements establishing procedures to close open dumps;
Procedures for inspection of solid waste facilities and enforcement of this ordinance; and
Violations and penalties for noncompliance.

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Section I: General provisions

1.01 Administrative procedures

Provisions of the Hennepin County Ordinance Number One, County Licenses, Procedures-Criminal Penalty Ordinance that are not covered by this ordinance and do not conflict with provisions of this ordinance shall apply as if fully set forth herein.

1.02 Administration

This ordinance shall be administered by the Hennepin County Department of Environment and Energy. The term “Department” where used in this ordinance and the Hennepin County Administrative Procedures Ordinance, shall mean the Hennepin County Department of Environment and Energy.

1.03 Definitions

The following words and phrases, when used in this ordinance, unless the context clearly indicates otherwise, shall have the meaning ascribed to them in this section.

A. "Backyard compost site"

Means a site used to compost vegetative food scraps, garden wastes, weeds, lawn cuttings, leaves and prunings from a single family household, apartment building, or a single commercial office, by an owner occupant, or lessee of the property.

B. "Closure"

Means actions to prevent or minimize the threat to public health and the environment posed by a closed Solid Waste Facility including removing contaminated equipment, removing liners, applying final cover, grading and seeding final cover, installing monitoring devices, constructing ground water and surface water diversion structures, and installing gas control systems, as necessary.

C. "Clean fill"

Means uncontaminated natural earthen material such as soil, sand, and gravel.

D. "Collection"

When referring to solid waste, means 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 solid waste facility.

E. "Compostable material"

Means any material that is primarily organic and can be putrefied.

F. "Composting"

Means the controlled biological decomposition and management of selected solid waste to produce an innocuous, humus product-like material, which can be used as a soil conditioner.

G. “Composting facility”

Means a site used to compost or co-compost Solid Waste, including all structures or processing equipment used to control drainage, collect and treat leachate, and storage areas for the incoming waste, the final product and residuals resulting from the composting process.

H. “Construction debris”

Means waste building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition of building and roads.

I. “County”

Means Hennepin County, Minnesota.

J. “County board”

Means the Hennepin County Board of Commissioners.

K. “Demolition debris”

Means solid waste resulting from the demolition of buildings, roads, and other structures including but not limited to concrete, brick, bituminous concrete, untreated wood, masonry, glass, trees, rock and plastic building parts, and other waste materials which have been approved in writing by the Department. Demolition debris does not include asbestos wastes.

L. “Demolition landfill”

Means a facility used to dispose of construction debris and/or demolition debris in or on the land.

M. "Department”

Means the Hennepin County Department of Environmental Services.

N. “Disposal or dispose”

Means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent thereof may enter the environment or be emitted into the air, or discharged into any waters, including ground waters.

O. “Hazardous waste”

Means any refuse, sludge, or other waste materials or combinations of refuse, sludge, or other waste materials in solid, semi- solid, liquid, or contained gaseous form which because of its quantity, concentration, or chemical, physical or infectious characteristics may (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (b) pose substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. Categories of hazardous waste materials include but not limited to explosives, flammables, oxidizers, poisons, irritants and corrosives. Hazardous waste does not include source, special nuclear, or M by-product materials as defined by the Atomic Energy Act of 1954, as amended.

P. “Industrial solid waste landfill”

Means a facility used to dispose of industrial solid waste in or on the land.

Q. “Industrial solid waste”

Means solid waste resulting from an industrial, manufacturing, service, or commercial activity that is managed as a separate waste stream.

R. “Inert material”

Means a material that normally displays no chemical activity except under special or extreme conditions to include non-compostable material remaining in a compost system after decomposition.

S. “Land disposal facility”

Means a facility used to dispose of solid waste in or on the land. Land disposal facilities include but are not limited to municipal solid waste landfills, demolition landfills, industrial landfills, and qualified clean fill landfills.

T. “Licensee”

Means the person who has been given written authority by the County Board or Department to carry out any of the activities for which a license is required under the provision of this ordinance.

U. “Major modification”

Means a proposed change in a licensed solid waste facility that requires County Board Approval. The criteria are stated in Section 3.08 item B.

V. “MPCA”

Means the Minnesota Pollution Control Agency, its agents or representatives.

W. “MPCA rules”

Means Minnesota Pollution Control Agency Solid Waste Management Rules.

X. “Municipal solid waste”

Means garbage, refuse and other solid waste from residential, commercial, industrial and community activities.

Y. “Municipal solid waste landfill”

Means a site used for the disposal of municipal solid waste in or on the land.

Z. “Nonconforming solid waste disposal site or facility”

Means a public or private solid waste disposal site or facility that does not hold a current license by the County and a current permit from the Minnesota Pollution Control Agency.

AA. “Open dump”

Means a land disposal site, at which solid waste is disposed of in a manner that does not protect the environment, is susceptible to open burning and is exposed to the elements, flies, rodents, and scavengers.

BB. “Operator”

Means the person or persons responsible for the operation of a solid waste facility.

CC. “Person”

Means any human being, any municipality or other governmental or political subdivision or other public agency, any public or private corporation, any partnership, firm, association, or other organization, any receiver, trustee, assignee, agent, or other legal representative of any of the foregoing, or any other legal entity, but does not include the Minnesota Pollution Control Agency.

DD. “Petroleum contaminated soil”

Means excavated soil which, because of its petroleum content, must be treated or disposed of according to the Minnesota Pollution Control Agency guidelines.

EE. “Postclosure”

Means actions taken for the care, maintenance, and monitoring of a Solid Waste Facility after closure that will prevent, mitigate, or minimize the threat posed to public health and the environment posed by the closed Solid Waste Facility. This process continues until it is determined by the County to be no longer necessary.

FF. “Processing”

Means the treatment of solid waste after collection and before disposal. Processing includes but is not limited to reduction, separation, exchange, resource recovery, physical, chemical, or biological modification.

GG. “Processing facility”

Means a site used to process solid waste.

HH. “Public nuisance”

Means the creation of acts or conditions that unreasonably annoy, injure, or endanger the safety, health, comfort, or repose of any number of members, of the public.

II. “Putrescible material”

Means solid waste which is capable of becoming rotten and which may reach a foul state of decay or decomposition.

JJ. “Qualified clean fill”

Means uncontaminated concrete, brick, or inert materials, less than eighteen (18) inches in any dimension approved for beneficial use by the Department and the Minnesota Pollution Control Agency.

KK. “Qualified clean fill landfill”

Means utilization of qualified clean fill for a beneficial land use project.

LL. “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, reservoir, impoundment, or flowage; and (b) land within 300 feet of a river or stream or the landward side of flood plain delineated by ordinance on such a river or stream, whichever is greater.

MM. “Salvaging”

Means the controlled and authorized removal of waste materials from a licensed solid waste facility.

NN. “Sewage sludge”

Means the solids and associated liquids in municipal wastewater, which are encountered and concentrated by a municipal wastewater treatment plant. Sewage sludge does not include incinerated residues and grit, scum, or screening removed from other solids during treatment.

OO. “Sludge”

Means any solid, semi-solid, or liquid waste generated from a commercial, or industrial wastewater treatment plant, water supply treatment plant, or air contaminant treatment facility, or any other waste having similar characteristics and effects.

PP. “Solid waste”

Means garbage, refuse, sludge from a water supply treatment plant or air contaminant treatment facility, and other discarded waste materials and sludges, in solid, semi-solid, liquid or contained gaseous form, resulting from industrial, commercial, construction, demolition, 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 slit, 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.

QQ. “Solid waste facility”

Means a facility used for processing or disposal of solid waste in Hennepin County. Solid waste facilities include but are not limited to compost facilities, land disposal facilities, transfer facilities, processing facilities, waste tire facilities.

RR. “Solid waste storage”

Means the holding of solid waste for more than 48 hours in quantities equal to or greater than ten cubic yards.

SS. “Transfer facility”

Means an intermediate solid waste facility in which solid waste collected from any source is temporarily deposited to await transportation to another solid waste facility.

TT. “Unprocessed waste”

Means municipal solid waste that has been certified as unprocessable by the Department, or municipal solid waste that has been transferred to a Land Disposal Facility from a Processing Facility where it has been certified as unprocessable by the operator and no other Processing Facility in the metropolitan area is capable of processing the municipal solid waste.

UU. “Waste”

Means solid waste, sewage sludge, and hazardous waste.

VV. “Waste tire”

Means any tire that is no longer suitable for its original intended purpose because of wear, damage, or defect, or has been discarded.

WW. “Waste tire facility”

Means a solid waste facility where more than 500 waste tires or an equivalent amount of tire derived products are collected, deposited, stored, or processed. The temporary storage of waste tires or tire derived products at the site of final use does not make the site a waste tire facility.

XX. “Waste-to-energy facility”

means a facility where solid waste is converted to energy.

YY. “Wood waste”

Means chemically untreated wood pieces. Such materials may include but are not limited to tree waste (greater than four inches in diameter), stumps, untreated lumber, and untreated wood pallets. Wood waste does not include wood pieces or particles containing or treated with chemical additives, glue, resin, or chemical preservatives.

ZZ. “Wood waste site”

Means a location, one acre or larger in size, where wood waste is processed.

AAA. “Yard waste”

Means the garden wastes, leaves, lawn cuttings, weeds, prunings, shrubs, and tree waste (less than four inches in diameter) generated at residential or commercial properties.

1.04 Compliance

No person shall cause or permit the disposal, or processing of solid waste, or construct or operate solid waste facilities, except in full compliance with the provisions of this ordinance, including but not limited to all provisions requiring full disclosure of information regarding such disposal, or processing.

1.05 Conditions

The Department may impose conditions on any license, permit or variance as deemed necessary to monitor the operation and ensure the public health and safety. Violation of any condition imposed by the County on a license, permit, or variance shall be deemed a violation of this ordinance and subject to the penalty provisions set forth in this ordinance.

1.06 False information

Omission of any information or submission of false information may be deemed a violation of this ordinance or may be deemed a violation of Minnesota statutes.

1.07 Prohibitions

A. Unprocessed municipal solid waste

No facility required to be licensed by this ordinance may accept unprocessed municipal solid waste for final disposal in violation of Minn. Stat. § 473.848, Subdivisions 1 and 5. Solid waste facilities shall maintain records accessible to County representatives documenting compliance with the provisions of this subsection and pursuant to Section 3.07 subsections N and O of this ordinance. Conditions governing disposal or processing shall not apply to solid waste or its residue that is properly transported out of Minnesota for disposal or processing unless flow control is authorized at the federal level.

B. Shoreland

No person shall authorize or allow the filling or trenching of any solid waste facility within the shoreland or wetlands of land under his or her control as owner, lessee, or otherwise.

C. Open dumps

No person shall operate an open dump.

Waste placed in open dumps or illegally disposed of shall be collected and transported to a licensed solid waste facility for proper disposal by the property owner or other person(s) determined by the Department to be responsible for the illegal activity. The responsible person shall notify the Department at least 48 hours prior to commencement of excavation/removal activity at the subject site. A receipt or other documentation approved by the Department, which indicates satisfactory and legal disposal of the subject solid waste shall be submitted to the Department no later than 14 days after disposal.
Open dumps may submit a closure plan to the Department for approval. Closure plans shall be in compliance with MPCA rules and any other requirement deemed necessary by the Department.
Effective means must be taken, if necessary, to control flies, rodents, and other insects, or vermin.
Implementation of a water-monitoring program may be required by the Department based on the open dump’s potential to adversely affect the public’s health and the environment. Any required water-monitoring program shall be in accordance with MPCA rules, guidelines, procedures and policies. Plans to protect the ground and surface water shall be approved by the Department prior to implementation.
Surface water must be diverted around and away from the open dump.
Remove all containerized liquids, hazardous waste, and other items specified by the Department for proper processing or disposal. Recyclable materials shall be removed and processed if feasible.
The owner of the property on which the open dump is located, shall place on record an instrument with the Hennepin County Recorder, in a form prescribed by the Department placing the public on notice of the existence and location of the open dump and of the obligations placed upon parties holding an interest in the property and the restrictions which may affect the use of the property.
Waiver. The Department may waive any of the closure requirements of this ordinance, provided such waiver does not violate Department rules or create a Public Nuisance.

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Section II: Standards for health, safety and environmental preservation

2.01 Standards adopted

Pursuant to Minn. Stat. § 375.51 Subd. 3, the County includes by reference current Minn. Rules 7001.3050 subp. 3 item A, 7035.0300 to 7035.2885, 7037.0100 to 7037.3700, 9220.0110 to 9220.0300 and 9220.0450 to 9220.0510, inclusive, relating to solid waste, petroleum soil contaminated soil management and waste tire management, respectively, along with new rules or updated version of the rules promulgated after adoption of this ordinance, and any updated versions of such rules as further adopted after adoption of this ordinance. Such standards include such other Minn. Rules as identified in respective facility section in the remainder of this ordinance. Failure to list or reference a specific state rule or updated rule shall not invalidate its application in relationship to this ordinance.

2.02 State rules as read

The above State Rules are hereby modified to be read in this ordinance as follows:

Wherever the terms “Minnesota Pollution Control Agency,” “MPCA,” or “Agency,” appear in these adopted Rules, they shall be held to mean the “Department.”
Wherever the terms “Director” or “Commissioner” appear in these adopted Rules, they shall be held to mean the “Department.”
When referring to any solid waste facility except a qualified clean fill landfill, wherever the terms “permit,” “permitee,” “permitting,” or “permitted” appear in these adopted Rules, they shall be held to mean “license,” “licensee,” “licensing,” or “licensed.”
Wherever the terms “Minnesota” or “State of Minnesota” appear in these adopted Rules, they shall be held to mean “Hennepin County.”
Wherever the term “Minnesota Waste Management Board” or “Board” appears in these adopted Rules, it shall be held to mean the “Department.”
Wherever the term “Chair” appears in these adopted Rules, it shall be held to mean the “Department.”

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Section III: Licensing

3.01 License or permit required

A solid waste facility license, from the County Board or Department is required to establish, operate, or maintain a compost facility, land disposal facility, processing facility, solid waste storage facility, transfer facility, waste tire facility and a wood waste facility. A permit is required, from the County Board or the Department to establish, operate or maintain a qualified clean fill landfill.

Unless otherwise provided by this ordinance, no person shall, within Hennepin County:

Dispose of solid waste except at a solid waste facility licensed or permitted by the County Board or the Department;
Allow property or land under his or her control to be used for disposal of solid waste unless licensed or permitted by the County Board or the Department to do so;
A solid waste facility shall be licensed or permitted until closure is complete as approved by the Department;
If a solid waste facility can be classified as more than one of the types defined by this ordinance, the facility shall be licensed according to its primary function as determined by the Department. Requirements for the additional solid waste facility types shall also be satisfied.

3.02 Licensing not exclusive

The obtaining of a solid waste facility license or permit shall not be deemed to exclude the necessity of obtaining other appropriate licenses or permits except as expressly provided herein. Compliance with the provisions of this ordinance shall not relieve any person of the need to comply with any and all other applicable rules, regulations, and laws.

3.03 Fees

A.

The County Board shall by resolution establish fees, including fees for the initial license, permit, and renewal of licenses for facilities.

B.

The County Board, by resolution, establishes such other fees as may be necessary for the administration of this ordinance.

C.

Fees for new licenses and permits are due upon submittal of an application for a license or permit to the Department. Fees for the renewal of licenses are due thirty (30) days prior to the expiration of the current license. As used herein, fees include license fees, permit fees, application fees, and such other fees as may be prescribed by the County Board.

3.04 License term

Unless otherwise provided by the County Board, each license granted pursuant to the provisions of this ordinance shall be non-transferable and shall be for a period of not more than one year.

The license year for solid waste facilities shall be from July 1 through June 30.

3.05 License or permit application

A.

Applications for license, permits or license renewals shall be submitted to the Department, on forms provided by the Department. Applicants shall provide all information as required for the administration of this ordinance.

B.

The application for a solid waste facility license or permit shall include:

A copy of the applicant’s MPCA application materials: if the applicant has received a permit-by-rule from the MPCA, application requirements provided in Minn. Rule 7035.1800 (Permit Application and Required Plans) shall be submitted to the Department.
The initial application for licensing a solid waste facility shall include the documentation required by Minn. Rules 7035.2625 through 7035.2655 (Closure, Closure Procedures, Postclosure Care and Use of Property). The documentation shall establish financial assurance for the closure and postclosure of the solid waste facility, including funding procedures, a description of the funding method, and the value of the funding which assures that closure and postclosure activities of the solid waste facility will take place.
A Fire Protection Plan: The plan shall be a formal written plan, approved by the Fire Chief of the fire protection agency responsible for the solid waste facility. The plan shall detail procedures for fire protection, including fire suppression equipment, the number of facility employees available to respond to a fire, training of employees, and other information as required by the Fire Chief.
A Litter Control Plan: The plan shall be a formal written plan, approved by the Department detailing what measures will be taken to prevent and re-mediate the effects of waste material that is scattered on or off-site.
A Vermin Control Plan: The plan shall be a formal written plan, approved by the Department detailing how vermin will be controlled on-site.
An Odor Control Plan: The plan shall be a formal written plan, approved by the Department outlining how odors will be controlled on-site.
Municipal Approval: The applicant shall provide written proof that the local municipal government where the proposed solid waste facility is to be situated has considered and authorized establishment of the facility.
Property Identification Number: The property identification number (PID) of the parcel or parcels where the licensed or permitted activity actually take place.

C.

Applicants for a solid waste facility license shall not commence any construction or operation until the initial license application has been approved by the County.

3.06 Incomplete or non-conforming application

If an application for a solid waste facility license, permit or license renewal is not complete or otherwise does not conform with the requirements set forth in this ordinance, the Department shall advise the applicant in writing of the reasons for non-acceptance within sixty (60) days of the application receipt. The Department may request that the applicant resubmit, modify or otherwise alter the application. The applicant shall comply with such requests within the time specified by the department.

3.07 Standard licensing conditions

Solid waste facilities must comply with the following conditions:

A.

Operations shall be in conformance with all requirements of the MPCA permit and all applicable ordinances, statutes, rules and regulations.

B.

Subsequent disposal of municipal solid waste shall be at a solid waste facility(ies) for which all applicable state, county, and municipal permits(s)/license(s) have been issued. Upon request by the Department, the licensee shall provide all said copies of permits(s)/license(s).

C.

The County shall set capacity limits on the facility, taking into account site location, size of the facility, surrounding properties, hydrology, site facilities and waste type.

D.

Source-separated recyclables shall not be accepted except for recycling or transfer to a recycler unless it is determined that no other person is willing to accept the recyclable materials as provided in Minn. Stat. § 115A.95.

E.

Operational hours for all licensed facilities shall be approved by the Department.

F.

The licensee shall notify the department at least 60 days prior to implementing any major modifications.

G.

Licensee shall immediately notify the Department of all hazardous, infectious, or radioactive materials delivered to licensee’s solid waste facility. A “Waste Inspection/Incident Report” shall be completed and sent to the Department within 48 hours of discovery of the waste. The “Waste Inspection/Incident Report” is available and shall be provided by the Department upon request.

H.

The required license fee shall be paid before the license is issued.

I.

A performance bond or letter of credit consistent with written County policy shall be submitted before the license is issued.

J.

Proof of insurance consistent with written County policy shall be provided before the license is issued. The County policy is available and shall be provided by the Department upon request.

K.

The licensee shall enact and comply with the Fire Control Plan, Litter Control Plan, and the Odor Control Plan, as approved by the Department.

L.

A copy of the MPCA annual report shall be submitted with all requested information provided.

M.

Copies of all inspection reports received from state and local agencies shall be submitted to the Department.

N.

Reports shall be submitted on Department approved forms, which indicate the amount of waste brought in by date, hauler, origin of waste by county, Hennepin County Vehicle ID Number (if available), amount and type of products removed from waste, and the amount of outgoing materials and their ultimate destination.

O.

The County shall be permitted to access business records and the licensee shall fully cooperate with all County requests for documents. A business record includes but is not limited to a memorandum, report, record, or data compilation, in any form.

P.

The County shall be permitted to access and inspect all areas of the solid waste facility, including but not limited to vehicles, containers, and storage areas.

Q.

The Department shall have discretion to impose additional requirements in order to protect public health and safety.

3.08 Renewal

A.

Each license granted shall expire annually at midnight on June 30th, unless otherwise provided by the County Board. The Department shall mail an annual license renewal notice to all licensees by March 1st. Applications for license renewal shall be made in writing to the Department by April 1st. Failure to apply for a license renewal by April 1st, shall serve as intent to begin closure of the solid waste facility at the end of the current year. Applications for license modification or license renewal received after April 1st, shall be considered late and subject to a late application fee.

B.

An application for renewal shall include any changes in the information submitted in the last approved license application. Major modifications planned for the new licensing period must also be noted in the information submitted to the Department. The Department shall use the following criteria to determine major modifications:

Potential for significant environmental and/or public health impact
Change in the type(s) or quantity(ies) of waste accepted
Change in the waste management method or addition of a new waste management method used at a site or solid waste facility

C.

Failure to submit such information is grounds for revocation or for denial of license renewal by the Department. If there are no changes, this fact shall be stated in the renewal application.

D.

Facility license renewal applications shall be subject to approval of the Department. If the Department does not act on a facility license renewal application, which is complete and submitted on time, the current license shall continue in force until action is taken.

3.09 Denial

Failure by the County to act on an initial solid waste facility application within one hundred twenty (120) days from the date of receipt of a completed application, shall constitute grounds for the applicant to request a hearing. The request for a hearing shall be governed by Section 11.10 of this ordinance. Failure to act shall be construed as denial without prejudice.

3.10 Performance bonds

Unless otherwise provided by the County Board and/or the Department, issuance of a solid waste facility license, pursuant to the provisions of this ordinance, shall be contingent upon the applicant furnishing to the Department a bond or letter of credit naming the County as the obligee with sufficient sureties duly licensed and authorized to transact corporate surety business in the State of Minnesota as sureties. The amount of the bond or letter of credit shall be set by the Department according to the following formula:

A.

Estimated cost, submitted by the applicant and approved by the Department, for a third party contractor, unrelated to the applicant or to Hennepin County, to properly dispose of the maximum inventory of solid wastes that will be on-site at any one time, and to decontaminate the facility and all equipment in the facility, or dispose of any equipment that cannot be decontaminated, and to perform any other activities necessary to ensure that the facility does not pose a threat to human health or the environment.

B.

And an additional thirty (30) percent of such unanticipated expenses and administrative costs that the County might incur.

The condition of such bond or letter of credit shall be that, if the principal fails to obey any of the requirements or do any of the acts required by this ordinance, an order or notice issued by the Department, or conditions of the license in the operation of the site or facility; or if for any reason ceases to operate or abandons the site or facility, and the County determines that chemical analysis and/or testing and remediation are required to restore the site or facility to the condition and requirements as provided by the ordinance, notice, order, or license, the principal and the sureties on its bond shall pay for any and all expenses required for chemical testing and to remedy the failure of the principal to comply with the terms of the ordinance, orders or notices of the Department, or conditions of the license; and that the principal 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 default of the principal under the terms of his or her license to operate and the ordinance of the County. In the event the County is required to expend monies or expend any labor or material to restore the site or facility to the condition or requirements as provided by this ordinance, order or notice by the Department, or license, the principal and the sureties shall reimburse the County for any and all expenses incurred to remedy the failure of the principal to comply with the terms of this ordinance, orders or notices of the Department or conditions of the license. The applicant may satisfy the requirements of this section by demonstrating that they pass a financial test as specified in Minn. Rule 7035.2750, the terms of which will be set on a case by case basis by the Department. For facilities permitted by the Agency or having interim status, or otherwise required by the Agency to establish financial assurance for closure or corrective action, the license applicant in lieu of the above shall submit to the Department for review satisfactory evidence of compliance with the Agency’s financial assurance requirements As specified in Minn. Rules 7035.2695.

3.11 Insurance

Unless otherwise provided by the County Board and/or the Department, issuance of a license or permit to a facility shall be contingent upon the applicant furnishing to the County a certificate of insurance showing that the applicant maintains the following minimum coverages:

A commercial general liability insurance policy covering all premises and operations with limits of not less than $1,000,000 for personal injuries arising from one occurrence, $1,000,000 for damages arising from death and/or total bodily injuries arising from one occurrence and $1,000,000 for property damage arising from one occurrence or a combined single limit thereof, with a $2,000,000 annual aggregate.
An automobile liability insurance policy, if applicable, with limits of $1,000,000 per accident for death or bodily injury and/or damages to any one person, $1,000,000 for total bodily injuries and/or damages arising from any one accident and with limits of not less than $1,000,000 per accident for property damage.
Workers compensation coverage at the statutory limits (or written confirmation that the applicant is a qualified self-insured or is otherwise exempt under Minn. Statute § 176.041.).

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Section IV: Compost facilities

4.01 General requirements

The general requirements and standards for a compost facility shall be in accordance with Minn. Rules 7035.2525 through 7035.2655 (Facility General Technical Requirements)

4.02 Design and construction requirements

Compost facilities shall be designed and constructed in accordance with Minn. Rules 7035.2836.

4.03 Operating requirements

Compost facilities shall be operated in accordance with Minn. Rules 7035.2836 Subp. 3 (Yard Waste Compost Facilities), 7035.2836 Subp. 5 (Solid Waste Compost Facilities).

4.04 Exemption

Backyard compost sites shall be exempt from Section 4.00 of this ordinance if the following criteria are met:

Operations at the site shall not create a public nuisance or any conditions that adversely affect the environment or public health.
Operations at the site shall not violate state or local laws, ordinances, rules, or regulations.

4.05 Compliance

Failure to comply with the requirements of this section is a violation of this ordinance and is subject to penalties and enforcement actions provided in Section 13.00 of this ordinance.

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Section V: Land disposal facilities

5.01 General requirements

The general requirements and standards for solid waste land disposal facilities shall be in accordance with Minn. Rules 7035.2525 through 7035.2655 (Facility General Technical Requirements)

5.02 Design and construction requirements

Land disposal facilities shall be designed and constructed in accordance with Minn. Rules 7035.2815 (Municipal Land Disposal Facilities), 7035.2825 (Demolition Debris Land Disposal Facilities), and 7035.1590 through 7035.2500 (Industrial Solid Waste Land Disposal Facility Abandonment). Pursuant to Minn. Rules 7035.2825 subp. 10, a hydrogeologic survey is required, unless a risk assessment determines that a hydrogeologic survey is not needed.

5.03 Operating requirements

Land disposal facilities shall be operated in accordance with Minn. Rules 7035.2815 (Municipal Solid Waste Land Disposal Facilities), 7035.2825 (Demolition Debris Land Disposal Facilities), and 7035.1590 through 7035.2500 (Industrial Solid Waste Land Disposal Facility Requirements). In addition, the following operating requirements apply:

Putrescible material, which has reached a foul state of decay or decomposition, shall be immediately covered and compacted.
Industrial solid waste shall be disposed of in accordance with the current “MPCA Industrial Waste Management Plan”. Written permission must be obtained from the Department prior to co-disposal and segregated disposal of applicable waste.
Salvaging shall be allowed only when approved in writing by the Department.
Animal feeding within the site is prohibited.
Paper, plastic, cardboard, cans, bottles, tires, appliances, vehicles, or other materials not specifically defined as construction or demolition debris in subsection 1.03, items H and K, shall not be deposited in a demolition landfill.

5.04 Exemptions

A qualified cleanfill landfill shall be considered exempt from Sections 5.01, 5.02 and 5.03 of this ordinance if all of the following criteria are met:

A.

It is a qualified clean fill landfill as defined by subsection 1.03 item KK.

B.

Application for a “qualified clean fill landfill” shall be reviewed and approved by the Department before initiation of fill activities.

C.

Operations of the “qualified clean fill landfill” are in accordance with departmental instructions. Applicants will receive operating instructions upon approval of the initial application

D.

Qualified clean fill landfills exempted under subsection 5.04 item A, shall comply with the following provisions unless specifically waived by the Department:

The site shall be managed to eliminate any potential hazards to the environment and surrounding populations.
Only clean fill or qualified clean fill as defined in subsection 1.03 items C and JJ shall be deposited on the site.
Two (2) feet of final cover shall be applied to the site within one-month termination of the fill.
The site shall have a slope of 2 to 25 percent to promote surface water drainage.
Vegetation shall be established on site upon application of final cover material. If the site is terminated during the winter months, vegetation shall be established immediately the subsequent spring after termination of filling.
All qualified clean fill landfills shall comply with all applicable State, County and local rules and regulation.
The qualified clean fill landfill shall not be open for general public use.

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Section VI: Processing facilities

6.01 General requirements

The general requirements and standards for processing facilities shall be in accordance with Minn. Rules 7035.2525 through 7035.2655.

6.02 Design and construction requirements

Processing facilities shall be designed and constructed in accordance with Minn. Rules 7035.2855 (Solid Waste Storage Standards), and 7035.2875 (Refuse-Derived Fuel Facilities).

6.03 Operating requirements

Processing facilities shall be operated in accordance with Minn. Rules (Solid Waste Storage Standards), and 7035.2875 (Refuse- Derived Fuel Facilities).

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Section VII: Solid waste storage

7.01 General requirements

Solid waste storage shall be in compliance with Minn. Rule 7035.2855.

7.02 Design and operational requirements

Solid waste storage shall be in accordance with Minn. Rule 7035.2855 Subp. 3.

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Section VIII: Transfer facilities

8.01 General requirements

The general requirements and standards for Transfer facilities shall be in accordance with Minn. Rules 7035.2525 through 7035.2655.

8.02 Design and construction requirements

Transfer facilities shall be designed and constructed in accordance with Minn. Rule 7035.2865 (Solid Waste Transfer Facilities).

8.03 Operating requirements

Transfer facilities shall be operated in accordance with Minn. Rule 7035.2865 Subp. 4 (Solid Waste Transfer Facilities). In addition, the following operating requirements apply:

Unloading and loading of solid waste shall be done inside an enclosed structure. Facilities currently operating outside of an enclosed structure shall provide the Department with plans, within 120 days of adoption of this ordinance by the County Board, to enclose the structure within two years
All solid waste from vehicles shall be unloaded completely within the structure. If there is insufficient capacity within the facility to completely unload a vehicle, the vehicle shall not be unloaded until there is adequate space for proper unloading procedures within the structure.
Solid waste transfer facilities shall be equipped with a scale and all solid waste transactions shall be weighed, recorded and submitted to the Department.

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Section IX: Waste tire facilities

9.01 Design and construction requirements

Waste tire facilities shall be designed and constructed in accordance with Minn. Rules 9220.0100 through 9220.0935.

9.02 Operating requirements

Waste tire facilities shall be operated in accordance with Minn. Rules 9220.0100 through 9220.0935. In addition, the following operating requirements apply:

A.

Persons who produce or otherwise accumulate waste tires in the course of their business shall keep records concerning their waste tire management. Such records shall include, but not necessarily be limited to:

The volume of waste tires generated;
Identification of transporters, disposers, and processors utilized by said person or their agents.
Dates and quantities of waste tire shipments, disposal or processing.

B.

Documentation verifying the proper management of such waste tires and such other information or data requested by the Department shall be maintained to ensure the proper management of waste tires.

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Section X: Wood waste facilities

10.01 General requirements

The general requirements and standards for a wood waste facility shall be in accordance with Minn. Rules 7035.2525 through 7035.2655.

10.02 Operating requirements

Wood waste facilities shall be operated in accordance with the following operating requirements:

A sign shall be posted at the entrance of the facility, stating the hours of operation and acceptable materials.
The facility shall have sufficient security to control access to the site.
Unacceptable materials left at the facility shall be removed and properly disposed of within a reasonable time period of discovery.
The licensee shall maintain the site so that it is free of litter.
Prior to beginning operations the licensee shall submit a Fire Protection Plan that has been approved by the local Fire Marshal of the Fire Protection Agency responsible for the solid waste facility. The plan shall detail procedures for fire protection, including fire suppression equipment, prescribed fire lanes and fire breaks, the number of facility employees available to respond to a fire, training of employees and other information required by the local Fire Marshal.

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Section XI: Administration and enforcement

11.01 Duties of the department

The Department shall be responsible for the administration and enforcement of this ordinance. The Department’s duties shall include, but not be limited to, the following:

Receive and review facility license, permit or license renewal applications, recommend action on initial facility license applications for facility licenses issued by the County Board, issue facility license renewals, issue facility permits.
Inspect solid waste facilities as provided in this ordinance and investigate complaints of violations of this ordinance.
Recommend that legal proceedings be initiated by the County to compel compliance with the provisions of this ordinance.
Advise, consult, and cooperate with other governmental agencies in the furtherance of this ordinance.
Evaluate proposals, collect data, and make recommendations on processing methods which impact waste streams and licensing of waste facilities.

11.02 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 solid waste exists in any building or upon any premises, the Department or its authorized agent may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Department by this ordinance, provided that if such building or premises be occupied, the authorized agent shall first present proper credentials and demand entry; and if such building or premises be unoccupied, the Department shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Department shall have recourse to every remedy provided by law to secure entry including, but not limited to, administrative search warrants.

11.03 Orders and notices

Whenever the Department or its authorized representatives shall find in any building or on any premises solid waste whether at a site or facility for which a license or permit has been granted by the County or where no such license or permit has been issued, the Department shall issue such orders as may be necessary for the enforcement of this ordinance governing and safeguarding the health, welfare and safety of the public.

11.04 Compliance

Any person within the County who shall store, deposit, keep, accumulate, process, treat, reclaim, dispose of, or otherwise handle, process, or dispose of solid waste in violation of this ordinance, or who shall permit such solid waste to exist on premise(s) under his or her control or who shall fail to take immediate action to abate the existence of the solid waste when ordered or notified to do so by the Department shall be guilty of a misdemeanor. Any order or notice issued or served by the Department shall be complied with by the owner, operator, occupant, or other person responsible for the condition or violation to which the order or notice pertains. Every order or notice shall set forth a time limit for compliance depending upon the nature of the solid waste and the danger created by the violation. In cases of immediate danger to the health, welfare and safety of the public, immediate compliance shall be required. Such compliance shall be by both owner(s) and occupant(s).

11.05 Inspection

Inspection and evaluation of solid waste facilities, or other sites where the Department has reason to believe solid wastes have been present shall be made by the Department to ensure compliance with the provisions of this ordinance. The owner, operator, or occupant shall be provided with written notice of any deficiencies, recommendations for their correction and the date by which the corrections shall be accomplished. The owner, operator, or occupant shall allow the Department or its authorized agent access for the purposes of making such inspections as may be necessary to determine compliance with the requirements of this ordinance. The owner, operator, or occupant shall provide requested samples of waste, free of charge, to the Department to allow for appropriate tests. The owner, operator, or occupant also shall allow the Department, free of charge, to take samples and do tests, as appropriate, of soils, surface waters, ground waters, air, raw materials, products, or other material or residual present at, or emanating from the site, if such samples and tests will demonstrate whether the owner, operator, or occupant is in compliance with this ordinance. Because it is not always manifest to the eye or other senses that solid waste or constituents of solid waste are present, the Department shall not be required to have overt or obvious reason to believe a violation has occurred or that solid waste or constituents indicating mismanagement of solid waste are present to take samples of wastes and other materials, as described, and do tests and monitoring as required via appropriate methods and instrumentation. The Department need only have reasonable belief that solid waste has been present at the site to take samples and do tests. The owner, operator, or occupant shall allow free access at reasonable times to inspect and copy, at a reasonable cost all business records related to an owner’s, operator’s, or occupant’s processing and disposal of solid waste. The owner, operator, or occupant shall allow the Department to record and document its findings in any reasonable and appropriate manner including, but not limited to, notes, photographs, photocopies, readouts from analytical instruments, videotapes, audio recordings, and computer storage systems or other electronic media. When requested by the Department, photocopies of records shall be provided at a reasonable cost.

11.06 Financial assurance

Whenever the Department has reasonable cause to believe that solid waste has been mismanaged by a person upon any premises, the Department may require that person to demonstrate to the satisfaction of Hennepin County the availability of adequate financial resources for cleanup as described in Minn. Rules 7035.2695. When a facility site becomes tax delinquent the Department may order its owner, operator , or occupant to provide financial assurance in the form of a bond or letter of credit naming the County as obligee with sufficient sureties duly licensed and authorized to transact corporate surety business in the State of Minnesota as sureties. The amount of the bond or letter of credit shall be set by the Department according to the following formula:

Estimated cost, for a third party contractor, unrelated to the owner or operator or to Hennepin County, to dispose of the solid wastes on-site and to decontaminate the site, and to perform any other activities necessary to ensure that the site does not pose a threat to human health or the environment;
And an additional thirty (30) percent to cover unanticipated costs and administrative costs that the County might incur.

11.07 Revocation of license

Any license issued by the Department or the County Board pursuant to this ordinance may be revoked by the issuer for a serious, deliberate, or repeated violation of any provision of this ordinance that threatens the public health and safety and/or the environment. Revocation shall not occur earlier than ten (10) calendar days, exclusive of the day of service, after written notice of revocation has been served on the licensee. Such written notice shall contain the effective date of revocation, the nature of the violation or violations constituting the basis for the revocation, and the facts which support the conclusion that a violation or violations have occurred, and a statement that if the licensee desires a hearing they may, within ten (10) calendar days, exclusive of the day of service, file a written request with the Department. Failure within 10 days of notice to request a hearing shall allow revocation. If a hearing is requested, the revocation shall be stayed pending the outcome of the hearing and issuance of the Department order identifying the outcome of the hearing.

11.08 Suspension of license

Any license required under this ordinance may be suspended for not longer than sixty (60) days by the issuer for violation of any provision of this ordinance. Suspension shall not occur earlier than ten (10) calendar days, exclusive of the day of service, after written notice of suspension has been served on the licensee. Such written notice shall contain the effective date of suspension, the nature of the violation or violations constituting the basis for the suspension, the facts which support the conclusion that a violation or violations have occurred and a statement that, if the licensee desires a hearing they may, within ten (10) calendar days, exclusive of the day of service, file a written request with the Department. Failure within ten days of the notice to request a hearing, shall allow revocation. If a hearing is requested, the suspension shall be stayed pending outcome of the hearing and issuance of the Department order identifying the outcome of the hearing.

11.09 Summary suspension of license

A.

If the Department finds an immediate threat to the public health, safety or welfare requires emergency action and incorporates a finding to that effect in its order, a summary suspension of a license may be ordered by the Department upon notification of the County Attorney’s Office and the County Board. Written notices of such summary suspensions shall be served personally on the licensee or by registered or certified mail to the licensee at the address designated in the license application.

B.

The written notice in such cases shall state the date of the suspension, the nature of the violation or violations requiring emergency action, and facts supporting said conclusion statement that, if the licensee desires a hearing they may file a written request with the Department within 10 days. Failure to request a hearing shall constitute a suspension of the license. If a hearing is requested, a hearing will be held as soon as possible and following the hearing a Department order identifying the outcome of the hearing shall be issued. The Department review shall be conducted pursuant to Section 11.10 of this ordinance.

C.

Upon written notification from the licensee that all the violations for which the summary suspension was invoked have been corrected, the Department shall re-inspect the site, facility, or activity within a reasonable length of time, but in no case more than three (3) working days after receipt of the notice from the licensee. If the Department finds on such re-inspection that the violation or violations constituting the grounds for suspension have been corrected, the Department shall immediately terminate the suspension by written notice to the licensee and the County Board.

D.

If a hearing is requested, the summary suspension shall not be stayed pending the outcome of the hearing.

11.10 Hearings

Whenever a hearing is requested in regard to an application, renewal, suspension or revocation of a license, the procedure shall be governed by the following:

A.

Hearing Officer. The hearing shall be before an impartial hearing officer who shall conduct the hearing on behalf of the County Board. The Department shall ascertain the availability and timeliness of scheduling the hearing through the Office of Administrative Hearings and schedule the hearings. If it is determined that a prompt hearing is not readily available through the Office of Administrative Hearings, the Department shall appoint an individual to act as the hearing officer, prescribe the duties of the hearing officer and schedule the hearing.

B.

Pre-hearing and Hearing Notice. The Department shall schedule and provide notice of the date, time and place of the pre-hearing conference and hearing. The pre-hearing conference shall be held at least three (3) weeks prior to the hearing. The hearing shall be held no later than forty-five (45) calendar days after receipt of the request for hearing or by mutual agreement of the parties subject to scheduling by the Office of Administrative Hearings, or the hearing officer

C.

Procedure. The pre-hearing conference and hearing shall be conducted in the following manner:

The pre-hearing conference shall define the issues, schedule the exchange of witness lists and documentary evidence, seek agreement on the authenticity of documents and relevant testimonial evidence, determine whether intended evidence is cumulative and repetitive, and consider all other matters that will assist in a fair and expeditious hearing.
Each party shall exchange all other relevant information and documentary evidence discovered after the pre-hearing conference at least one (1) week prior to the hearing date. Such information shall include all evidence intended for introduction at the hearing and includes but is not limited to the following: exhibits; statements; reports; witness lists including a description of the facts and opinions to which each is expected to testify; photographs; slides; demonstrative evidence. Evidence not exchanged in accordance with this provision will not be considered in the hearing unless good cause is shown to the hearing officer.
The hearing shall be public and be tape-recorded or at the discretion of the hearing officer, be recorded by a court reporter.
All witnesses shall testify under oath or affirmation.
Hearings shall be informal and the strict rules of evidence as applied in the courts shall not apply. Irrelevant, immaterial and repetitious evidence shall be excluded.
The Department shall have the burden of proof through clear and convincing evidence.
The Department, licensee or applicant, and additional parties as determined by the hearing officer shall present evidence in that order. Each party shall have the opportunity to cross-examine the witnesses of the other party. The hearing officer may examine witnesses.
Failure of an applicant or licensee to appear at the hearing shall result in a waiver of the right to a hearing.
The hearing officer shall issue a report containing written findings of fact and conclusions based upon the evidence presented at the hearing and shall submit the same to the County Board.
Each party adversely affected may submit written exceptions and present argument to the County Board. The Department may submit exceptions and arguments to the rebuttal.
The County Board shall consider the report of the hearing officer as soon as possible and may adopt or modify the report and take action, reject the report of the hearing officer, or remand for further hearing. The parties shall be notified of the action of the County Board within thirty (30) calendar days following its determination.
Appeal of a decision by the County Board shall be made to the District Court within thirty (30) calendar days following the decision of the Board. The scope of review of the District Court shall be governed by Minn. Statute §14.69. Filing an appeal does not stay enforcement of the County Board decision.

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Section XII: Termination of operation

Any person, who for any reason, plans or terminates operations at a site, must remove all solid waste and materials contaminated with solid waste prior to final termination of operations. Termination of operations may include the sale of an operation to a new entity, the simple shutdown of a business or site, which is then not operated, or the relinquishing of lease or rental rights to a property. This removal from the site must be accomplished in full compliance with this ordinance. Materials remaining on the site of a terminated operation shall be considered waste materials. The continued storage of solid wastes on the site of a terminating operation shall be done in compliance with section 7.00 solid waste storage facility rules in this ordinance.

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Section XIII: Violations and penalties

13.01 Misdemeanor

Any person who willfully or negligently fails to comply with the provisions of this ordinance is guilty of a misdemeanor. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.

13.02 Aiding and abetting

As set forth in Minn. Statue § 609.05, a person is criminally liable for a crime committed by another if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures the other to commit the crime. A person liable for such crime is also liable for any other crime committed in pursuance of the intended crime if reasonably foreseeable by the person as a probable consequence of committing or attempting to commit the crime intended. A person who intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to commit a crime and thereafter abandons that purpose and makes a reasonable effort to prevent the commission of the crime prior to its commission is not liable if the crime is thereafter committed.

A person liable under this section may be charged with and convicted of the crime although the person who directly committed it has not been convicted, or has been convicted of some other degree of the crime or of some other crime based on the same act, or if the person is a juvenile who has not been found delinquent for the act. For purposes of this section, a crime also includes an act committed by a juvenile that would be a crime if committed by an adult.

13.03 Injunctive relief

In the event of a violation or condition constituting an eminent or substantial endangerment to the environment, the County may institute appropriate actions or proceedings, including requesting injunctive relief to prevent, restrain, correct or abate such violations or threatened violations.

13.04 Civil action or cost as special tax

If a person fails to comply with the provisions of this ordinance, the County may recover costs incurred for corrective action 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 assessment against real property pursuant to Minn. Stat. § 473.811 subd. 5c.

13.05 Citation authority

Citations may be issued by the Department pursuant to Section V. of the Ordinance Number 1 County Licenses, Procedures-Criminal Penalty.

13.06 Penalty provisions

A.

Existing Solid Waste Facility License Renewal. Facilities not submitting applications for license renewal by August 31, and continuing to operate may receive a citation for failure to submit application for license renewal.

B.

Embargo. The Department may embargo and forbid the removal, transport, disposal, treatment or use of any material which is or is suspected to be a solid waste and which is being mismanaged or which the Department has reason to suspect is being or will be managed in violation of this ordinance. The Department shall place a tag to indicate the embargo on the suspect material. No person shall remove the tag or remove, transport, dispose, treat, or use such embargoed material except as authorized by the Department. Such action by the Department shall not be considered to impute ownership of the material or management responsibility upon the County.

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Section XIV: Modification of requirements

14.01 Waivers or modifications

The County Board may waive or modify the strict application of the provisions of this ordinance by reducing or waiving certain requirements when such requirements are shown to be clearly unnecessary or impractical. The County Board may establish additional requirements necessary to reduce risk of harm to persons, property, or the environment based on the individual characteristics of the license application site.

14.02 Agency approval

No modification or waiver may be granted if it would result in noncompliance with Minn. Rules 7035, 7037, and 9220 unless such modification or waiver has been approved or granted by the Agency.

14.03 Closure/post-closure

For facilities permitted by the agency, amendments to the facility closure/post-closure plans and the extensions to the closure/post-closure period shall be granted by the Department only where said amendments or extensions have been approved by the agency.

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Section XV: Effective date

This ordinance shall be effective immediately upon passage by the County Board.

This ordinance shall not be construed to hold the Department or the County of Hennepin or any officer or employee thereof responsible for any damage to persons or property by reason of the inspection or re-inspection authorized herein provided; or by reason of the approval or disapproval of equipment or licensing herein; nor for any action in connection with the inspection or control of solid waste or related business records or in connection with any other official duties.

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Section XVI: Severability

The provisions of this ordinance shall be severable in accordance with the following:

A. Validity of provisions

If any court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgment shall not affect the validity of any of the other provisions of this ordinance not specifically included in said judgment.

B. Application to site or facility

If any court of competent jurisdiction shall adjudge invalid the application of any provision of this ordinance to a particular structure, site, facility or operation, such judgment shall not affect the application of said provision to any other structure, site, facility or operation not specifically included in said judgment or action.

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Section XVII: Provisions are cumulative

The provisions of this ordinance are cumulative to all other laws, ordinances and regulations heretofore passed, or which may be passed hereafter, covering any subject matter in this ordinance.

Passed by the Board of County Commissioners of Hennepin County this 19th day of June 2001.

This ordinance was current when published on this web site. To be certain that it has not been amended since published, please contact the Hennepin County Environmental Services Division, at the email address listed on the right.

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