(A) (1) No person shall use or allow land under his or her ownership and/or control to be used for solid waste disposal purposes, except at an operation for which a license for disposal has been granted by the Board.
(2) All disposal of solid waste must be in accordance with applicable county ordinances and Agency rules. No person may dispose of a waste at an area or a facility which is not licensed for accepting that waste.
(3) Consistent with M.S. § 115A.99(1), as it may be amended from time to time, a person who unlawfully places any portion of solid waste in or on public or private lands, shorelands, roadways or waters is subject to a civil penalty of not less than twice nor more than five times the amount of cost incurred by a state agency or political subdivision to remove, process and dispose of the waste. A state agency or political subdivision that incurs cost as described in this section may bring an action to recover the civil penalty, related legal, administrative and court costs, and damages for injury to or pollution of the lands, shorelands, roadways or waters where the waste was placed if owned or managed by the entity bringing the action. Civil penalties collected under this subsection must be deposited in the general fund of the jurisdiction enforcing the penalties.
(4) A private person may join an action by the state or a political subdivision to recover a civil penalty to allow the person to recover damages for waste unlawfully placed on the person’s property.
(5) A person may be subject to a civil penalty for each disposal offense. A separate offense shall be deemed committed for each day on which a violation occurs or for each day during which a violation continues.
(B) Yard waste cannot be disposed of in land disposal or MMSW processing, except composting, facilities unless that facility is specifically licensed or permitted to accept yard waste by the Agency and any local government having licensing jurisdiction. Yard waste can not be deposited at a transfer station unless there is a licensed compost area at the facility or the material will be transferred to a licensed facility.
(C) Lead acid batteries may not be disposed of in the MMSW stream. Used lead acid batteries must be accepted by retailers who sell new lead acid batteries.
(D) Dry cell batteries containing mercuric oxide, silver oxide or nickel cadmium are recyclable and may not be disposed of in the MMSW stream.
(E) Used motor oil may not be disposed of at any MMSW processing or land disposal facility.
(F) Major appliances may not be disposed of at land disposal facilities.
(G) No other waste or material banned from land disposal or MMSW processing facilities by state statute after the adoption date of this chapter may be disposed of or processed at these facilities.
(Ord. 4C, passed 11-14-00) Penalty, see § 50.999