For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGENCY. The Minnesota Pollution Control Agency or MPCA.
APPLIANCE. The same meaning as MAJOR APPLIANCE.
BASE COUNTY. The metropolitan county in which a hauler’s office, records and vehicles are primarily located. If differing parts of the hauler’s business are located in more than one metropolitan county, the BASE COUNTY shall be the metropolitan county in which most of the vehicles are kept as determined by the Department. The BASE COUNTY for haulers based in a county not participating in the regional licensing program shall be an adjacent metropolitan county, as determined by the Department.
BASE LICENSE. The license obtained by the hauler from the base county, as a precondition to obtaining an operating license from the county or other counties.
BRUSH DISPOSAL FACILITY. A site used exclusively for disposal in or on the land of trees and tree parts including stumps, branches and their attached leaves. The disposal may include open burning and burial of the resulting ash and unburned tree parts.
CANISTER SYSTEM. A facility, usually to serve the public, where solid waste is deposited in mechanically serviced containers as an intermediate step of congregating municipal solid waste from several properties for periodic removal of the accumulated waste by a commercial hauler.
CLOSURE. Action to prevent or minimize the threat to public health and the environment posed by a facility that no longer accepts the solid waste for which it operated or was permitted, including the removal of contaminated equipment, the removal of liners, applying final cover, grading and seeding final cover, installation of monitoring devices, construction of ground and surface water diversion structures and gas control systems as necessary.
COMMERCIAL HAULER. Any person who owns, operates or leases vehicles for the purpose of contracting to collect or transport solid waste from residential, commercial or industrial properties.
COMPOST FACILITY. 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.
COMPOSTING. The controlled microbial degradation of organic waste to yield a humus-like product.
CONSTRUCTION DEBRIS. Waste building material, packaging and rubble resulting from construction, remodeling and repair.
COUNTIES. One or more counties that are parties to the Regional Hauler Licensing Joint Powers Agreement.
COUNTY. The County of Carver, Minnesota, or any department or representative of the county who is authorized by this chapter or otherwise by the County Board to represent the county in the administration or enforcement of this chapter.
COUNTY BOARD. The elected officers composing the Board of Commissioners.
DEMOLITION DEBRIS. Solid waste resulting from the demolition of buildings, roads and other manmade structures, including but not limited to materials such as concrete, brick, bituminous concrete, untreated wood, masonry, glass, rock and plastic building parts. DEMOLITION DEBRIS does not include asbestos wastes.
DEMOLITION LAND DISPOSAL FACILITY. An area of land used for the disposal of demolition debris.
DEPARTMENT. The County Department of Environmental Services or a designee of the Environmental Services Department. DEPARTMENT shall also mean the county agency assigned the responsibility to administer the regional hauler licensing program in the county.
DISPOSAL. The meaning given it in M.S. § 115A.03(10), as it may be amended from time to time.
DUMPING. The discharge, deposit, injection, spilling, leaking or placing of any solid waste into or on any land or water so that the waste or any constituent thereof may enter the environment or be emitted into the air, or discharged into any water, including ground water.
END MARKET. A facility or business which utilizes source separated recyclable materials to generate new products or materials.
FACILITY. All contiguous land, structures, monitoring devices and other improvements on the land used for monitoring, processing, storing or disposing of solid waste, leachate or residuals from solid waste processing.
FARM. A parcel of land that is at least ten acres in size used for the production of livestock, dairy animals, dairy products, poultry and poultry products, fur bearing animals, horticultural and nursery stock which is under M.S. §§ 18.44 to 18.61, as they may be amended from time to time, fruit of all kinds, vegetables, forage, grains, bees and apiary products.
FIRE MARSHAL. The State Fire Marshal or the Chief of the Fire Department in a municipality that has adopted the Uniform Fire Code of the state.
FLOODPLAIN. Any land that is subject to a 1% or greater chance of flooding in any given year from any source.
GARBAGE. Discarded material resulting from the handling, processing, storage, preparation, serving and consumption of food.
GROUND WATER. The meaning given in Minn. Rules Part 7035.0300, as it may be amended from time to time.
HAULER. Any person, firm, corporation, association, partnership or other entity, other than an individual resident hauling his or her household waste, who collects or transports mixed municipal solid waste that is generated in the counties.
HAZARDOUS WASTE.
(1) As defined in M.S. § 116.06, as it may be amended from time to time, any refuse, sludge or other waste material or combinations or 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 a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed.
(2) Categories of hazardous waste material include, but are not limited to explosives, flammables, oxidizers, poisons, irritants and corrosives.
HAZARDOUS WASTE does not include source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended.
INCINERATION. The process of burning wastes for the purpose of volume and weight reduction in facilities designed for the use.
INDUSTRIAL SOLID WASTE. All solid waste generated from an industrial or manufacturing process and solid waste generated from an industrial or manufacturing process and solid waste generated from non-manufacturing activities such as service and commercial establishments. INDUSTRIAL SOLID WASTE does not include office materials, restaurant and food preparation waste, discarded machinery, demolition debris or household refuse.
LEACHATE. Liquid that has percolated through solid waste and may have extracted dissolved or suspended materials from it.
LICENSE. Express written permission as granted by the County Board to engage in solid waste management activities.
LICENSEE. A person who has been issued a license by the County Board for solid waste management purposes pursuant to this chapter.
MAJOR APPLIANCE. Clothes washers and dryers, dishwashers, hot water heaters, residential furnaces, garbage disposals, trash compactors, conventional and microwave ovens, ranges and stoves, air conditioners, dehumidifiers, refrigerators, freezers and other devices that may be added to the definition consistent with changes in M.S. § 115A.03, as it may be amended from time to time.
MIXED MUNICIPAL SOLID WASTE or MMSW. Garbage, refuse and other solid waste from residential, commercial, industrial and community activities that the generator aggregates for collection,
but does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural wastes, tires, lead acid batteries, used oil and other materials, collected, processed and disposed of as separate waste streams.
MIXED MUNICIPAL SOLID WASTE LAND DISPOSAL FACILITY. A sanitary landfill used for the disposal of mixed municipal solid waste in or on the land.
MUNICIPALITY. A city, village, borough, county, town, sanitary district, school district or other governmental subdivision or public corporation, or agency created by the legislature.
NOTICE OF VIOLATION. A formal written notice issued by the Department to notify a party that he or she is in violation of a county ordinance. This notice will inform the party of the alleged violations, the nature and extent of the violations and the required corrective actions. The NOTICE OF VIOLATION shall also specify additional actions that will be taken by the Department, such as the inclusion of NOV orders into a final order or consent order and/or the issuance of a citation, as well as specific timeframes in which these actions will be completed.
NUISANCE. A use of property or course of conduct that interferes with the legal rights of others by causing damage, annoyance or inconvenience.
OPEN BURNING. Burning any matter whereby the resultant combustion products are emitted directly to the open atmosphere without passing through an adequate stack, duct or chimney.
OPERATING COUNTY. Any of the counties, including the base county, in which the hauler collects or transports mixed municipal solid waste.
OPERATING LICENSE. The license issued by an operating county to operate within each operating county, including the base county, in which the hauler collects or transports mixed municipal solid waste and which may contain specific conditions imposed by the issuing county.
OPERATOR. The person responsible for the overall operation of a facility.
PERSON. 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.
PERSONNEL or FACILITY PERSONNEL. All persons who work at or oversee the operation of a solid waste facility, and whose actions or failure to act may result in noncompliance with the requirements of this chapter.
POST-CLOSURE and POST-CLOSURE CARE. Actions taken for the care, maintenance and monitoring of a facility after closure that will prevent, mitigate or minimize the threat to public health and environment posed by the closed facility.
PUTRESCIBLE MATERIAL. Solid waste which is capable of being rotten or which may reach a foul state of decay or decomposition.
RECYCLABLE MATERIALS.
(1) Materials that are separated from mixed municipal solid waste for the purpose of recycling, including, but not limited to paper, glass, plastics, tin, aluminum, cardboard, magazines, high grade paper, metals, automobile oil and batteries.
(2) Refuse derived fuel or other material that is destroyed by incineration is not a
RECYCLABLE MATERIAL.
RECYCLING FACILITY. A site used to separate, process, modify, convert or otherwise prepare solid waste so that component materials or substances may be beneficially used or reused as raw materials.
REFUSE. Putrescible and non-putrescible solid wastes, including garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings and market and industrial solid wastes, and including municipal treatment wastes which do not contain free moisture.
REGIONAL HAULER LICENSING BOARD. The Joint Powers Board established by agreement of the counties to coordinate the Regional Hauler Licensing Program.
REGIONAL HAULER LICENSING PROGRAM. The cooperative hauler licensing program established by joint powers agreement by and among the counties.
RESIDENCE. Any building or portion thereof used as a dwelling or sleeping area for people.
RESOURCE RECOVERY FACILITY. A waste facility established and used primarily for the reclamation for sale, use or reuse of materials, substances, energy or other products contained within or derived from waste.
SALVAGE YARD. An open area where waste, stored or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to: scrap iron and other metals, paper, rags, rubber, tires and bottles. A SALVAGE YARD includes an auto wrecking yard but does not include uses established entirely within enclosed buildings.
SANITARY LANDFILL. A land disposal facility employing any engineering method of disposing of solid waste on land in a manner that minimizes environmental hazards by spreading the solid waste in thin layers, compacting the solid waste into the smallest practical volume and applying cover material at the end of each operating day, or at intervals as may be required by the Agency.
SEWAGE SLUDGE. The meaning given it in M.S. § 115A.03(29), as it may be amended from time to time.
SLUDGE. Any solid, semi-solid or liquid waste generated from a municipal, commercial or industrial waste water treatment plant, water supply treatment plant or air contaminant treatment facility, or any other waste having similar characteristics and effects.
SOLID WASTE. Garbage, refuse, demolition debris, 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, mining and agricultural operations, and from community activities. Except where specified otherwise, it includes elements of a waste stream which have been source separated for recycling purposes. It does not include hazardous waste, animal waste used as fertilizer, earthen fill, boulders, rock, sewage sludge, solids or dissolved material in domestic sewage or dissolved materials in irrigation return flows or other common pollutants in water resources, such as silt. It does not include dissolved or suspended solids in industrial waste water effluents or discharges which are point sources subject to permits under Section 402 of the Federal Waste Pollution Control Act, as amended. It also does not include source, special nuclear or by-product materials as defined by the Atomic Energy Act of 1954, as amended.
SOLID WASTE FACILITY. All property real or personal, including negative and positive easements and water and air rights, which is or may be needed or useful for the processing or disposal of waste. It includes but is not limited to the storage, collection, transportation, processing and reuse, conversion or disposal of solid waste in a safe, environmentally sound manner.
SOLID WASTE MASTER PLAN. The solid waste master plan for the county, as generated and implemented in accordance with M.S. § 473.803, as it may be amended from time to time.
SOLID WASTE TRANSPORTATION. The conveying of solid waste from one place to another, by means of vehicle, rail car, water vessel, conveyor or other means.
SOURCE SEPARATED RECYCLABLE MATERIALS. Those elements of a waste stream which are separated by the generator for reuse in their original form or for use in manufacturing processes.
STATE. The State of Minnesota.
TIRE. A pneumatic tire or solid tire for motor vehicles as defined in M.S. § 169.01, as it may be amended from time to time.
TIRE PROCESSING. Producing or manufacturing usable materials, including fuel, from waste tires including necessary incidental temporary storage activity.
TRANSFER STATION. A facility in which solid waste from collection vehicles is concentrated for subsequent transport. A TRANSFER FACILITY may be fixed or mobile.
UNPROCESSABLE MIXED MUNICIPAL SOLID WASTE. Mixed municipal waste which can not be processed at a given resource recovery facility as documented by the operator of the resource recovery facility.
UNPROCESSED MIXED MUNICIPAL SOLID WASTE. Mixed municipal solid waste which, between collection and land disposal, has not been delivered to and managed by a resource recovery facility.
WARNING LETTER. A written notice issued by the Department to notify a party that he or she is in violation of a county ordinance. If a WARNING LETTER is issued, it shall be utilized as the initial county notification of alleged violations, except in cases of imminent threat to the public health and safety or the environment. The WARNING LETTER will inform the party of the alleged violations, the nature and extent of the violations, and the required corrective actions.
WASTE INCINERATOR. A facility in which solid waste is burned for the purpose of volume and weight reduction.
WASTE TIRE. The meaning assigned by M.S. § 115A.90, as it may be amended from time to time.
WASTE TIRE PROCESSING FACILITY. A licensed waste facility used for the shredding, slicing or producing or manufacturing usable materials from waste tires, and may include temporary storage activity at the facility. Processing does not include the retreading of waste tires.
WASTE TIRE STORAGE FACILITY. A facility permitted by the Agency to store up to 500,000 waste passenger tires or the equivalent weight of other waste tires.
WASTE TIRE TRANSFER FACILITY. A facility permitted by the Agency to store up to 10,000 waste passenger tires or the equivalent weight of other waste tires.
YARD WASTE. The garden wastes, leaves, lawn cuttings, weeds and prunings generated at residential or commercial properties.
(Ord. 4C, passed 11-14-00; Am. Ord. 85-2018, passed 6-19-18)