Ordinance 10

Solid Waste Surcharge

Adopted by the Hennepin County Board of Commissioners December 18, 1984

Amended March 14, 1989

In accordance with Laws of Minnesota 1988, Chapter 685, Section 19 and MN Statutes Section 375.51

Index

Section I: Definitions

Section II: Fee on operators of facilities for mixed municipal solid waste

Section III: Amount of fee

Section IV: Partial exemption from fee

Section V: Returns, fee payment and reporting requirements

Section VI: Administration and enforcement

Section VII: Violations and penalties

Section VIII: Severability

Summary

Effective June 1, 1989, this Ordinance will place a surcharge of $2.00 per cubic yard on mixed municipal solid waste accepted and disposed of at a mixed municipal solid waste facility. The Ordinance also sets a fixed surcharge fee for cars, pickups and trailers. These fees will be $2.00 for cars and $6.00 for pickups and trailers.

The Department of Public Works is the responsible agency within Hennepin County.

Ordinance Number Ten

An ordinance establishing rules, regulations, and standards to collect a solid waste surcharge in Hennepin County, Minnesota for: A fee on operators of facilities for mixed municipal solid waste; the amount of the surcharge fee; a full and partial exemption from the surcharge fee; fee payment and reporting requirements; and penalties for failure to comply with provisions of this ordinance.

Section I: Definitions

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

A. "Department"

Shall mean the Hennepin County Department of Public Works.

B. "Facility for mixed municipal solid waste"

Shall mean a waste facility licensed by the Department of Public Works that is designed or operated for the purpose of disposing of waste on or in the land, and includes sanitary landfill facilities.

C. "Operator"

Shall mean any entity, individual, partnership, corporation, or organization of a private or public nature, licensed to establish, operate or maintain a facility for mixed municipal solid waste.

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Section II: Fee on operators of facilities for mixed municipal solid waste

There is imposed a fee on operators of facilities for mixed municipal solid waste accepted and disposed at a facility for mixed municipal solid waste located within the county.

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Section III: Amount of fee

The fee shall be two dollars ($2.00) per cubic yard of mixed municipal solid waste accepted and disposed at a facility for mixed municipal solid waste. A facility that weighs the waste accepted and disposed must pay a fee of two dollars ($2.00) per cubic yard based on equivalent cubic yards of waste computed as follows: 600 pounds of waste is equivalent to one cubic yard.

3.01

If an operator has a flat disposal fee policy for certain vehicles or loads, the county fee assessed is two dollars ($2.00) for automobiles and six dollars ($6.00) for pickup trucks, trailers, and other vehicles containing three cubic yards or less.

3.02

Prior to January 1, 1988, an operator of a facility that is located in the metropolitan area for the disposal of mixed municipal solid waste, shall deduct from the disposal charge for non-hazardous solid waste from metal casting facilities, the fee imposed under Laws of Minnesota 1984, Chapter 644, Sections 46, 47, and 73.

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Section IV: Partial exemption from fee

Waste residue from energy and resource recovery facilities at which mixed municipal solid waste is processed for the purpose of extracting, reducing, converting to energy or otherwise separating and preparing mixed municipal solid waste for reuse shall be exempt from one-half the amount of the fee imposed, if there is at least an eighty-five (85%) volume reduction in the mixed municipal solid waste processed. To qualify for exemption under this clause, waste residue must be brought to a facility for mixed municipal solid waste separately. Before any fee is reduced, the verification procedures of Section 73, Subdivision 1, Paragraph (C) of Laws 1984, Ch. 644, must be followed and submitted to the Department.

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Section V: Returns, fee payment and reporting requirements

A. Time for payment of fee to department

The fee imposed by Section 1 shall be due and payable by the operator of the facility for mixed municipal solid waste to the Department monthly on or before the 20th day of the month immediately following the month in which the mixed municipal solid waste was received at the facility.

B. Returns

Any operator subjected to the fee imposed by Section 1 shall file a return prescribed by the Department. The return must be signed by the operator or person authorized by the Department on or before the 20th day of each month immediately following the month in which the mixed municipal solid waste was received and must be accompanied by payment of the fee imposed.

C. Extensions

The Department may extend the time for filing returns and remittance of fees for not more than sixty (60) days. The Department may require a tentative return at the time fixed for filing the regularly required return and payment of the fee therewith on the basis of such tentative return.

D. Reporting requirements

The monthly return required to be filed shall show:

1. amount of cubic yards of mixed municipal solid waste accepted and disposed at the facility;
2. for a facility that weighs waste, the total weight of mixed municipal solid waste accepted and disposed at the facility converted to equivalent cubic yards of mixed municipal solid waste; and;
3. amount of fee due on the return computed by multiplying total cubic yards of mixed municipal solid waste accepted and disposed as reported for Sec. 4D (a) by the prevailing fee rate.

E. Failure to file return

If any operator required to file any return shall fail to do so within the time prescribed by Section 4B or shall make, willfully or otherwise, an incorrect, false or fraudulent return, such operator, upon written notice and demand, shall immediately file such return or corrected return and at that time pay any fee due on the basis thereof. If such operator shall fail to file such return or corrected return, the Department shall make for him a return, or corrected from its knowledge, and from such information as the Department can obtain through testimony or otherwise, and assess a fee on the basis thereof, which fee (less any payments theretofore made on account of the fee for the fee period covered by such return) shall be immediately paid upon written notice and demand. Any such return or assessment made by the Department shall be prima facie correct and valid and such operator shall have the burden of establishing its incorrectness or invalidity in any action or proceeding in respect thereto.

F. Records

Every operator of a facility for mixed municipal solid waste shall keep adequate and complete records showing total cubic yards of mixed municipal solid waste accepted and disposed at the facility for mixed municipal solid waste each day or, if such waste is weighed, the total weight of such mixed municipal solid waste for each day.

G. Examination of records

The Department shall have the right to examine records and accounts of the operator required to file return.

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Section VI: Administration and enforcement

The Department shall be responsible for the administration and enforcement of this ordinance.

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Section VII: Violations and penalties

The provisions of Ordinance Number Two, Solid Waste Disposal Ordinance for Hennepin County, Section XII, Subsection 2 (Equitable Relief), Subsection 6 (Suspension of License), Subsection 7 (Revocation of License) and Subsection 8 (Hearings), are hereby adopted by reference and made a part of this ordinance.

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Section VIII: Severability

A.

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

B.

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

This ordinance was current when published on this web site. To be certain that it has not been amended, contact Hennepin County Environmental Services.

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