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Office of the Revisor of Statutes

The county may by ordinance establish and revise rules, regulations, and standards for solid
waste and sewage sludge management and land pollution, relating to (a) the location, sanitary
operation, and maintenance of solid waste facilities and sewage sludge disposal facilities by the
county and any municipality or other public agency and by private operators; (b) the collection,
processing, and disposal of solid waste and sewage sludge; (c) the amount and type of equipment
required in relation to the amount and type of material received at any solid waste facility
or sewage sludge disposal facility; (d) the control of salvage operations, water or air or land
pollution, and rodents at such facilities; (e) the termination or abandonment of the facilities or
activities; and (f) other matters relating to the facilities as may be determined necessary for the
public health, welfare, and safety. The county may issue permits or licenses for solid waste
facilities and may require that the facilities be registered with an appropriate county office. The
county shall adopt the ordinances for mixed municipal solid waste management. The county shall
make provision for issuing permits or licenses for mixed municipal solid waste facilities and shall
require that the facilities be registered with an appropriate county office. No permit or license
shall be issued for a mixed municipal solid waste facility unless the applicant has demonstrated to
the satisfaction of the county board the availability of revenues necessary to operate the facility in
accordance with applicable state and local laws, ordinances, and rules. No permit shall be issued
for a solid waste facility used primarily for resource recovery or a transfer station serving such a
facility, if the facility or station is owned or operated by a public agency or if the acquisition or
betterment of the facility or station is secured by public funds or obligations issued by a public
agency, unless the county finds and determines that adequate markets exist for the products
recovered and that any displacement of existing resource recovery facilities and transfer stations
serving such facilities that may result from the establishment of the new facility is required in
order to achieve the waste management objectives of the county. The county ordinance shall
require appropriate procedures for termination or abandonment of any mixed municipal solid
waste facilities or services, which shall include provision for long term monitoring for possible
land pollution, and for the payment by the owners or operators thereof, or both, of any costs
incurred by the county in completing the procedures. The county may require the procedures and
payments with respect to any facilities or services regulated pursuant to this section. In the event
the operators or owners fail to complete the procedures in accordance with the ordinance, the
county may recover the costs of completion in a civil action in any court of competent jurisdiction
or, in the discretion of the board, the costs may be certified to the county auditor as a special tax
against the land to be collected as other taxes are collected. The ordinance may be enforced
by injunction, action to compel performance, other appropriate action in the district court, or
administrative penalty order authorized under section 116.072. Any ordinance enacted under this
section shall embody minimum standards and requirements established by rule of the agency.
History: 1971 c 403 s 15; 1980 c 564 art 9 s 6; 1982 c 569 s 20; 1995 c 247 art 1 s 45