Ordinance 18

COUNTY COLLECTED SOLID WASTE FEE FOR SOLID WASTE MANAGEMENT SERVICES

Adopted by the Hennepin County Board of Commissioners October 17, 1995

PURPOSE

The purpose of this Ordinance is to establish authority for a Hennepin County Collected Solid Waste Fee for Solid Waste Management Services for the service area of the entire County to fund waste management programs that protect the health and welfare of Hennepin County citizens pursuant to State mandates governing waste management programs. The Ordinance includes: Establishing and imposing a County Collected Solid Waste Fee for Solid Waste Management Services and establishing the Fee payment method and collection procedures. This Ordinance is adopted pursuant to Minn. Stat. § § 375.51, 400.08 and 473.811.

The Hennepin County Board of Commissioners does ordain:

SECTION I DEFINITIONS

For the purposes of this Ordinance, the terms defined in this section shall have the meaning given them, unless the context clearly indicates otherwise.

Subsection 1.

"County" is the County of Hennepin, Minnesota.

Subsection 2.

"County Board" is the Hennepin County Board of Commissioners.

Subsection 3.

"Fee" is the County Collected Solid Waste Fee for Solid Waste Management Services authorized by Minn. Stat. § § 400.08 and 473.811, subd. 3 (a), and imposed by this Ordinance.

Subsection 4.

"Market Value" has the same meaning as in Minn. Stat. § 273.032.

Subsection 5.

"Person" includes, but is not limited to: an individual, business, public or private corporation, partnership, joint venture, association, trust, unincorporated association, government or agency or political subdivision thereof, and other legal entity, and any receiver, trustee, assignee, agent or other legal representative of any of the foregoing.

Subsection 6.

"Solid Waste Management Service" includes all activities provided by the County or by Person under contract with the County that support the preferred waste management responsibilities, described in Minnesota Statutes Chapters 115A and 473 and Section 400.08, including but not limited to waste reduction and reuse; waste recycling; composting of yard waste and food waste; resource recovery, transportation and transfer station costs, closure and postclosure care of solid waste facility, responses to releases from a solid waste facility or closed solid waste facility, and management of problem materials and household hazardous waste.

SECTION II GENERAL PROVISIONS

Subsection 1. Fee Imposed.

Pursuant to the authority of Minn. Stat. § § 375.51, 400.08 and 473.811, the County Board hereby imposes a Fee on all property subject to taxation under Minn. Stat. Chapters 272 and 273 located in the County. The Fee shall be imposed against the Market Value of the taxable property in the County.

Subsection 2. Procedures for Establishing the amount to be generated by the Fee.

Each year following a public hearing, the County Board shall establish by resolution the amount to be generated by the Fee.

Subsection 3. Fee.

The Fee shall appear on the property tax statement as a separate line item. The Fee shall be due and payable at the same time as the property tax payable in 1996 and every year thereafter.

Subsection 4 Unpaid County Collected Solid Waste Fee for Solid Waste Management Services.

If not paid, the Fee becomes delinquent and is subject to collection as delinquent real property tax with the same penalties and the same rate of interest as for delinquent property taxes under Minn. Stat. Chapter 279.

SECTION III SEVERABILITY

It is hereby declared to be the intention of the Hennepin County Board of Commissioners that the provisions of this Ordinance are severable in accordance with the following:

A. Validity of Provisions. If any court of competent jurisdiction shall rule that any provision of this Ordinance is invalid, other provisions not specifically included in said judgment shall not be affected.

B. Application to Particular Person or Property. If any court of competent jurisdiction shall rule that the application of any provision of this Ordinance is invalid to a particular person or property, such judgment shall not affect the application of said provision to any other person or property not specifically included in the judgment.

SECTION IV PROVISIONS ARE CUMULATIVE

The provisions of this Ordinance are cumulative and are additional limitations upon all other laws and ordinances covering any subject matter in this Ordinance.

SECTION VII EFFECTIVE DATE

This Ordinance shall be in full force and effect immediately upon passage by the County Board of Commissioners and publication as required by law.

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

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