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Minnesota Legislature

Office of the Revisor of Statutes

115A.93 LICENSING OF SOLID WASTE COLLECTION.
    Subdivision 1. License required. A person may not collect mixed municipal solid waste for
hire without a license from the jurisdiction where the mixed municipal solid waste is collected.
    Subd. 2. Licensing. (a) Each city and town may issue licenses for persons to collect mixed
municipal solid waste for hire within their jurisdictions.
(b) County boards shall by resolution adopt the licensing authority of a city or town that does
not issue licenses. A county may delegate its licensing authority to a consortium of counties or to
municipalities to license collection of mixed municipal solid waste within the county.
    Subd. 3. License requirements; pricing based on volume or weight. (a) A licensing
authority shall require licensees to impose charges for collection of mixed municipal solid waste
that increase with the volume or weight of the waste collected.
(b) A licensing authority may impose requirements that are consistent with the county's solid
waste policies as a condition of receiving and maintaining a license.
(c) A licensing authority shall prohibit mixed municipal solid waste collectors from imposing
a greater charge on residents who recycle than on residents who do not recycle.
(d) The commissioner may exempt a licensing authority from the requirements of paragraph
(a) if the county within which the authority is located has an approved solid waste management
plan that concludes that variable rate pricing is not appropriate for that jurisdiction because it
is inconsistent with other incentives and mechanisms implemented within the jurisdiction that
are more effective in attaining the goals of this chapter to discourage on-site disposal, littering,
and illegal dumping.
(e) In the interim between revisions to the county solid waste management plan, the
commissioner may exempt a licensing authority from the requirements of paragraph (a) if the
commissioner makes the determination otherwise made by the plan in paragraph (d) and finds
that the licensing authority:
(1) operates or contracts for the operation of a residential recycling program that collects
more categories of recyclable materials than required in section 115A.552;
(2) has a residential participation rate in its recycling programs of at least 70 percent or in
excess of the participation rate for the county in which it is located, whichever is greater; and
(3) is located in a county that has exceeded the recycling goals in section 115A.551.
An exemption granted by the commissioner in the interim between revisions to the county solid
waste management plan is only effective until the county solid waste management plan is revised.
    Subd. 3a. Volume requirement. A licensing authority that requires a pricing system based
on volume instead of weight under subdivision 3 shall determine a base unit size for an average
small quantity household generator and establish, or require the licensee to establish, a multiple
unit pricing system that ensures that amounts of waste generated in excess of the base unit amount
are priced higher than the base unit price.
    Subd. 4. Date certain. By January 1, 1993, each county shall ensure that each city or town
within the county requires each mixed municipal solid waste collector that provides curbside
collection service in the city or town to obtain a license under this section or the county shall
directly require and issue the licenses. No person may collect mixed municipal solid waste after
January 1, 1993, without a license.
    Subd. 5. Customer data. Customer lists provided to counties or cities by solid waste
collectors are private data on individuals as defined in section 13.02, subdivision 12, with regard
to data on individuals, or nonpublic data as defined in section 13.02, subdivision 9, with regard
to data not on individuals.
History: 1Sp1989 c 1 art 20 s 8; 1991 c 337 s 42,43; 1992 c 593 art 1 s 25,26; 1993 c 351 s
23; 1996 c 470 s 12; 1Sp2005 c 1 art 2 s 161