(A) The Department shall have the right to administer this chapter.
(B) The Department’s rights shall include, but shall not be limited to those described in this section:
(1) Routine inspection and evaluation of solid waste management activities, sites or facilities shall be made by the Department. An applicant and the licensee shall allow free access to the Department; provided that the entrance and activity is undertaken after reasonable notice and during normal business hours as provided in M.S. § 115A.882, as it may be amended from time to time, for the purpose of making the inspections as may be necessary to determine compliance with the requirements of this chapter, or any other applicable statute, or for the purpose of making written and documented notice of any deficiencies or recommendations for their correction and the date by which corrections shall be accomplished.
(2) It will be the responsibility of Department staff to receive complaints from county residents regarding solid waste issues. Department staff shall have the right to investigate these complaints and pursue the necessary enforcement activities which may include, but are not limited to: issue orders to suspend or stop actions which constitute a violation of this chapter; recommend that legal proceedings be initiated by the county to compel compliance with the provisions of this chapter; and advise, consult and cooperate with the public, the Board of Commissioners and other governmental agencies in the furtherance of this chapter.
(3) The Department shall have the right to recommend, when necessary, to the County Attorney’s Office, that legal proceedings be initiated against a certain solid waste management activity, or facility.
(4) The Department shall have the right to encourage and conduct studies, investigations and research relating to aspects of solid waste management, such as methodology, chemical and physical considerations and engineering.
(5) The Department shall have the right to advise, consult and cooperate with other governmental agencies in the furtherance of the purposes of this chapter.
(6) The Department shall have the right to prepare and negotiate agreements with responsible parties to address the closure and post-closure requirements for licensed and unlicensed solid waste facilities.
(C) It will be the responsibility of Department staff to perform solid waste planning activities. These activities will include the following: meeting Metropolitan Council and state reporting and planning requirements, working with other counties to evaluate and/or plan regional facilities and/or operations, planning and/or evaluating facilities and/or operations within the county. The primary issues to be addressed in planning activities are waste reduction, MMSW processing/disposal, source separation/recycling, yard waste composting, household hazardous waste management and waste education.
(D) (1) The Department has the right to license solid waste haulers and solid waste processing facilities, as established in M.S. § 473.811, as it may be amended from time to time. Department staff shall have the right to perform or oversee work to license solid waste haulers and solid waste facilities. Department staff shall have the right to enforce compliance with solid waste licenses issued by the county. Department staff shall have right to pursue actions required to enforce compliance with solid waste licenses issued by the county.
(2) The Department shall have the right to issue or deny solid waste licenses and to impose solid waste management activity, site or facility specific conditions on the licenses.
(E) It will be the responsibility of Department staff to administer county solid waste programs. These programs encompass the following activities: waste reduction, source separation/recycling, yard waste composting, household hazardous waste management and waste education.
(F) It will be the responsibility of Department staff to perform and/or oversee activities pertaining to the processing and/or disposal of solid waste generated within the county. These activities shall also include negotiation and execution of contracts with solid waste management facilities.
(G) It will be the responsibility of Department staff to provide recommendations to the Board regarding the following: planning issues, facility development, solid waste program development, solid waste processing/disposal, budgeting allocation, licensing and vendor selection.
(Ord. 4C, passed 11-14-00)