(A) Waivers or modifications. Due to the great variability in the types of solid wastes and their existing and potential management methods, the city may waive or modify the strict application of the provisions of this chapter by reducing or waiving certain requirements when such requirements are unnecessary or impractical, provided such a waiver or modification will not endanger the public health, safety, welfare, or the environment. The city may impose reasonable additional requirements through solid waste management activity or facility specific license conditions when deemed necessary to protect the public health, safety, welfare, or the environment.
(B) Agency approval. No modification or waiver may be granted if it would result in noncompliance with Minn. Rules Ch. 7035, unless such modification or waiver has been granted by the Minnesota Pollution Control Agency.
(C) Promotion of public health, safety, and welfare. Where the conditions imposed by any provision of this chapter are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this chapter, or any other applicable law, ordinance, rule, and regulation, the provision that establishes the higher standards for the promotion and protection of the public health, safety, and welfare shall prevail.
(D) Construction. This chapter shall not be construed to hold the city or the county or any officer or employee responsible thereof for any damage to persons or property by reason of the inspection or reinspection authorized herein provided, or by reason of the approval or disapproval of equipment or licensing herein, nor for any action in connection with the inspection or control of solid waste or in connection with any other official duties.
(E) No consent. Nothing contained in this chapter shall be deemed to be a consent, license, or permit to locate, construct, operate, or maintain any solid waste facility, or to carry on any activity.
(Ord. 2023-15, passed 12-19-2023)