(A) Waste disclosure required.
(1) A person that collects construction debris, industrial solid waste, or mixed municipal solid waste for transportation to a solid waste facility shall, between January 1 and March 31 of every year, disclose to each waste generator from whom waste is collected the name, location, and type of, and the number of the permit issued by the MPCA, or its counterpart in another state, if applicable, for the processing or disposal facility or facilities, excluding a transfer station, at which the waste will be deposited. The hauler shall state the approximate percentage of waste deposited at each of the two primary facilities used for the type of solid waste collected from the generator in the county and any alternative solid waste management facility regularly used by the hauler for the type of solid waste collected from the generator in the county.
(2) All disclosures shall be in writing and include the following statement: “You may be responsible for any liability that results from contamination at a facility where your waste has been deposited. Minnesota believes that its waste management system provides substantially more financial and environmental protection than depositing waste in landfills in other states. Managing your waste in Minnesota may minimize your potential liability.”
(3) If any of the primary or alternative disposal facilities identified by the hauler in division (A)(1) of this section are not located in Minnesota, the disclosure shall state “The landfill to which your waste may be sent during the current calendar year is not a Minnesota landfill.”
(B) Form of disclosure.
(1) A hauler shall make the required disclosure to the waste generator in writing at least once per year between January 1 and March 31 and on any written contract for collection services for that year. If the license issued by the county to the hauler for collection within the county does not require the collector to submit a copy of the disclosure to the county, the collector shall submit a copy to the commissioner of the MPCA by March 31 of each year.
(2) The disclosure is not required with regard to the collection of mixed municipal solid waste if the city or county within which the waste is generated selects the collector that may provide collection services to the generator; in such case the city or county shall make the required disclosure.
(3) If a hauler provides one-time or occasional service to a waste generator, the hauler shall orally provide the generator with the required disclosure at the time the generator agrees to purchase the service. The hauler shall then provide written disclosure to the generator within 45 days.
(4) If an additional facility becomes either a primary facility or an alternative facility during the year, the hauler shall make the disclosure set forth in this section within 30 days. A local government unit that collects solid waste without direct charges to waste generators shall make the disclosure on any statement that includes an amount for waste management, provided that, at a minimum, disclosure to waste generators shall be made at least twice annually in a form likely to be available to all generators.
(5) In the event the MPCA or the county develop standard disclosure forms containing the information required in this section, haulers may use the forms for purposes of this section.
(C) Transfer stations. If the hauler deposits waste at a transfer station, the hauler need not disclose the name and location of the transfer station but shall disclose the destination of the waste when it leaves the transfer station.
(Ord. 22-2, passed 10-25-2022)