2004 Minnesota Statutes

     116.82 Authority of local government. 

    Subdivision 1.    Preemption of regulation.  A county, 
 municipality, or other political subdivision of the state may 
 not adopt a definition of infectious or pathological waste that 
 differs from the definitions in section 116.76, or management 
 requirements for infectious or pathological waste that differ 
 from the requirements of sections 116.78 and 116.79. 

    Subd. 2.    Local solid waste authority.  (a) Sections 
 116.76 to 116.81 do not affect local implementation of 
 collection, storage, or disposal of solid waste that does not 
 contain infectious waste.  

    (b) Sections 116.76 to 116.81 do not affect county 
 authority under other law to regulate and manage solid waste 
 that does not contain infectious waste.  

    (c) A political subdivision, as defined in section 115A.03, 
 subdivision 24, may not require a refuse-derived fuel facility 
 to accept infectious waste. 

    Subd. 3.    Local enforcement.  Sections 116.76 to 
 116.81 may be enforced by a county by delegation of enforcement 
 authority granted to the agency in section 116.83.  Separate 
 enforcement actions may not be brought by a state agency and a 
 county for the same violations.  The state or county may not 
 bring an action that is being enforced by the federal Office of 
 Safety and Health Administration.  

    HIST: 1989 c 337 s 8; 1993 c 206 s 5; 1Sp1993 c 1 art 9 s 10; 
 1Sp1993 c 6 s 5