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HomeMy WebLinkAbout06.10.19 Work Session Packet City ofFarmngton Mission Statement 430 Third Street Through teamwork and Farmington,MN 55024 cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promising future. AGENDA CITY COUNCIL WORKSHOP June 10, 2019 6:00 PM Farmington City Hall 1. CALL TO ORDER 2. APPROVE AGENDA 3. DISCUSSION ITEMS (a) Solid Waste Operations Review (b) Water Board Vacancy (c) Flagstaff Snow Fence Review (d) 2020 Budget Discussion 4. CITY ADMINISTRATOR UPDATE 5. ADJOURN CITY OF 430 Third St, Farmington, MN 55024 FARMINCTON 6,i_28a_ 0a •' .. '; FarmingtonMN.gov TO: Mayor, Councilmembers and City Administrator FROM: Katy Gehler, Public Works Director SUBJECT: Solid Waste Operations Review DATE: June 10, 2019 INTRODUCTION A 2019 goal of the City Council is to review options for solid waste delivery and operations. This is in line with ensuring delivery of high quality services to the residents of Farmington. At the work session staff will review our current operations with respect to regulatory mechanisms and other approaches. In addition, a review of the current contract for recycling that is set to expire at the end of 2019 along with changes the county is making to their regulatory and funding strategies. DISCUSSION Solid Waste Overview The Solid waste industry has a structured regulatory hierarchy established by the Waste Management Act and includes state and county oversight of both public and private operations. At the state level the Minnesota Pollution Control Agency(MP CA)is charged with reviewing progress with meeting solid waste goals as established by the WMA. Every four years MP CA reviews and updates the Solid Waste Policy last updated in January 2016. The executive summary of the 2016 plan, attached for reference, provides a high level summary of the solid waste regulatory structure. In partnership with this state wide policy, the Metropolitan Waste Management Policy is reviewed and updated every six years. This policy was last adopted in March 2017. The introduction and purpose of this plan is attached. Lastly the county must create a Solid Waste Master Plan every five years that details implementation strategies for meeting policies prescribed in the state and metro plans. This plan was last updated in July 2018. Appendix D, Performance and Accountability, is attached that highlights the level of oversight the county will be completing over the remaining plan cycle. The intent of the regulatory review at the work session is to understand the pressures within the industry most notably on processing requirements and enforcement efforts within these plans. We have experienced the impact of these shifts over the last year and a half Both public and private sides of the industry will continue to see these changes over the next planning cycle. Within the regulatory framework, the council's goal is to review options to meet our municipal responsibilities specific to collection and disposaL The League of Minnesota Cities has prepared a guidance document that provides a good overview of city responsibilities and options for solid waste. Specifically, the guide reviews the two main types of collection, open and organized, where organized collection can be accomplished as a municipal service or by contract. Farmington has had an organized system since 1947. Currently a mixed system is used where collection of municipal solid waste is completed as a municipal service and recycling is collected by contract. Since the city provides solid waste as a service, the solid waste fund supports shared expenses like the other enterprise funds. In total solid waste provides funding for about$330,000 in expenses including utility billing, facilities operations, fleet operations, IT, insurance and administrative costs. This equates to roughly 3.3% of the general fund budget. In addition, there are expenses in the solid waste budget that cover permitting/reporting requirements to meet the County's Solid Waste Master Plan. Some of these expenses are covered by county funding, while a portion is supported by city funds. Dakota County Grant Community Funding Program Dakota County currently provides some funding for activities related to implementation of programs identified in their Solid Waste Master Plan. Annually we have entered into a Joint Powers Agreement to define the activities funded that have averaged $30,000 in revenue to the Solid Waste Fund. As part of implementation of their Master Plan, Dakota County is making updates to this program. The proposed program will be performance-based and managed through a grant process. The program is intended to be more flexible and offer more options. Base Funding will be available for required activities including administration, residential communications, municipal facilities/Parks, verification& education, and special collections. There are also supplemental funding opportunities available as opt in options. Dakota County has developed the draft program and funding. The program was presented to staff at group and individual meetings. Based on the new grant and Farmington's past practice, funding from the county should remain at or above the current level. The County Board is expected to consider the grant program for adoption this summer with grant agreements available for the 2020 budget year. Recycling Contract Update As noted earlier the city has a contract for recycling collection with Dick's sanitation that will expire at the end of 2019. The current contract offers recycling every other week, bulk item pick-up for Dick's published rates, and includes the opt in yard waste program. With the contract expiring, staff would like to review how to proceed with contract negotiations. The County Master Plan does note the goal of requiring weekly recycling collection by 2020. In preparation for this policy step, the county held a meeting with all haulers that would be impacted by this change. The attached summary notes several points about conversion to weekly recycling, most important to note the 10- 12 month lead time to ensure adequate staffing and equipment. To make the policy update, the county would have to revise their solid waste ordinance. At this point, it does not seem feasible for this change to be fully implemented in fiscal year 2020. Outside of the regulatory requirements, as you are aware,there have been many changes in regards to the availability of solid waste processing capacity over the last year. While the Red Wing waste processing plant expansion was approved, they will not be ready to start assigning capacity until later this year. In addition, Dick's is schedule to open a transfer station later this year. These two facilities provide an opportunity to review our current disposal options of solid waste. Typically, the city has entered into a five-year contract for recycling services. Given the potential for recycling and processing opportunities over the next year, staff is recommending consideration of a one year extension to the current recycling contract with a full renegotiation for fiscal year 2021. Clean up day alternatives could be considered with the 2020 extension. BUDGET IMPACT N/A ACTION REQUESTED Staff will review these issues, answer any questions and seeks direction on proceeding with contract negotiations for recycling. ATTACHMENTS: Type Description D Backup Material MPCA 2016 Solid Waste Plan Summary D Backup Material MPCA 2016 Solid Waste Plan Recommendations D Backup Material 2017 Metro Solid Waste Plan Summary D Backup Material 2018 Dakota County Performance and Accountability D Backup Material LMC City Solid Waste Management D Backup Material Hauler Comments on Weekly Recycling Executive summary Minnesota's Waste Management Act has been in place since 1980 and establishes criteria for the management of three types of solid waste—mixed municipal solid waste(MMSW),construction and demolition wastes(C&D),and industrial solid waste(ISW). The waste management hierarchy establishes preferred management methods based on environmental impact. Reduction and reuse of materials are at the top of the hierarchy,followed by recycling, composting and waste to energy,with the least preferable method land disposal. The current management system focuses largely on discards and what to do with a material at the end of its life. However,the waste management system is evolving, and sustainable materials management (SMM) approaches are becoming more prevalent.SMM focuses on the best use and management of materials based on how they impact the environment throughout their life cycle. As the population of Minnesota grows and the economy continues to improve, new and innovative ways of managing materials will be necessary. The Minnesota Pollution Control Agency(MPCA)should evaluate these methods based on SMM to determine how they fit into an integrated waste management system. An effective SMM approach prioritizes management of materials based on highest and best use,while looking at all environmental impacts throughout that material's life cycle. This Solid Waste Policy Report draws from foundational information from The Office of the Legislative Auditor's (OLA) 2014 Evaluation of Recycling and Waste Reduction,the Recycling and Solid Waste Infrastructure Evaluation conducted by the MPCA, and waste composition data. Key issues addressed in this report include: • Sustainable materials management • The economics of waste • Waste classification • Recycling market development • Organics management • Product stewardship All policy recommendations are summarized in Appendix A of this report. 2015 Solid Waste Policy Report • January 2016 1 Minnesota Pollution Control Agency Minnesota's current solid waste system and dynamics The Minnesota Waste Management Act(WMA),adopted in 1980, established criteria for managing solid waste. The goal of the act is to protect Minnesota's land, air,water, and other natural resources and public health by improving waste management in the state to: • reduce the amount and toxicity of waste generated • separate and recover materials and energy from waste • reduce indiscriminate dependence on disposal of waste • coordinate solid waste management among political subdivisions • develop waste facilities in an orderly and deliberate way(including disposal facilities) and ensure their financial security The waste management hierarchy The waste management act defined in statute is designed to promote landfill abatement and encourage more environmentally favorable waste management methods in a manner appropriate to the characteristics of the waste stream. It prioritizes waste reduction, reuse, recycling, and organics recovery above methods that preclude further use of the materials, including waste-to-energy(burning refuse to recover fuel or energy) and land disposal. See Figure 1 below. Figure 1.Waste management hierarchy Minnesota's waste hierarchy Most preferred Rec uction environmental option Reuse Recycling Composting Least Waste to energy preferred environmental La nd5 I I i ng Option 2015 Solid Waste Policy Report • January 2016 2 Minnesota Pollution Control Agency Appendix A: Summary of policy recommendations The following proposals will help the waste management hierarchy operate as it was intended and streamline state and county efforts. Recommendations for moving toward sustainable materials management 1. Set goals for reduction and reuse, in addition to existing recycling goals. • MPCA will review and recommend research needed to develop and measure effective materials management goals for all types of materials, not just focusing on the MMSW stream. Findings will be shared and discussed with stakeholders for additional input, refinement, and implementation. 2. Measure and report all waste. • Currently other than what gets discarded and managed as MMSW,approximately two-thirds of solid, non-hazardous waste generated in Minnesota is not tracked.The reporting that does exist is present in facility annual reports, but is not reported in SCORE by counties,and, in turn, material that is recycled (i.e. shingles)does not"count"toward the recycling rate. Further, by not counting these materials, policies may be more MMSW-focused when the actual environmental impacts from other waste streams are more damaging.Additionally,SMM principles need to be applied when evaluating waste streams to promote their highest and best use. 3. Determine a set of priority materials to focus on, based on life cycle environmental impacts. • The MPCA will build on the 2009 solid waste stakeholder effort by bringing in other measures such as energy, resource and water impacts.This stakeholder work used the EPA's limited lifecycle analysis based Waste Reduction Model. See Environmental Initiative, Integrated Solid Waste Management Stakeholder Process,2009. 4. Measure the capture rate of recyclables in addition to the recycling rate. • MPCA will work with a few communities to test and refine the measurement methodology and estimate the financial needs (e.g. sorting of recyclables and waste)that are necessary to support a broader use of this approach. Using the results of these pilots,the MPCA will determine how best to apply this approach to local, regional and state level analysis. 5. Require waste composition studies at all disposal facilities. • Waste-to-energy facilities are currently required to conduct waste composition studies every five years.This requirement should be extended to all disposal facilities for consistency.The data provides important trend information on waste composition (types and quantities of materials disposed).The addition of landfill information will help policy, planning, and implementation efforts,such as assessing capture rates.This requirement should include all landfills, not just MMSW facilities. 6. Reform the waste deposit disclosure requirement and specifically require haulers to provide information to consumers on the final destination of their waste. • Currently,some customers receive a list of all facilities a hauler may take the waste picked up at the curb.This does not provide sufficient information and can cause problems down the road if there is a question of liability for a specific waste. Ideally,this allows a customer to understand how their waste is managed and make informed decisions on selecting a hauler. 2015 Solid Waste Policy Report • January 2016 44 Minnesota Pollution Control Agency Recommendations for supporting the waste hierarchy 1. Reform SWMT structure to clearly dis-incentivize land disposal. Specifically, change tax/fees,the pay-as-you-throw policy,and other policies to ensure that the least preferable management methods are the most expensive. • Currently all waste destined for disposal at either a waste-to-energy facility of landfill pay the same tax rate.The overall goal is to move material up the hierarchy to its highest and best use. Recommendations for clarifying industrial solid waste 1. Modify the current industrial definitions to ensure consistency between those found in both rule and statute. 2. Collect additional data on the types of wastes disposed of in Class III and Industrial Solid Waste landfills to determine the composition of these wastes. Recommendations for county planning 1. Establish a requirement in the Waste Management Act for a statewide solid waste plan (that the existing Metro Solid Waste Policy Plan could be folded into)and require Greater Minnesota county plans to be consistent with state plan. 2. Develop a stakeholder group consisting of MPCA and county solid waste staff to review the existing plan structure and requirements and develop a proposal for a new planning structure. 3. Seek out opportunities for collaboration among counties and build on the regionalization and waste- shed recommendations from the OLA report,waste composition studies,and the Recycling and Solid Waste Infrastructure Evaluation. 4. System accountability needs to be improved and minimum standards established for all counties such as making annual review and work plan adjustments a standard part of all county plans so they are not a document that is looked at once every 10 years but instead a purposeful and useful planning and policy tool that is used regularly and effectively. • Consider using withheld SCORE funds (from delinquent county plans)to support efforts that advance Sustainable Materials Management programs and measurement. • When a county's solid waste plan is out of date,state SCORE dollars are withheld until a new plan is approved. Once approved,those withheld SCORE dollars are remitted to the county in a lump sum. Explore how these withheld funds could be better used to provide additional support for counties and regions who exceed minimum performance requirements (e.g. recycling rate) and seek to expand their waste reduction, reuse, recycling,composting or waste processing efforts. Funding could favor activities higher on the hierarchy with a preference for efforts that advance sustainable materials management. Recommendations for market development 1. Expand MPCA's recycling market development program based on priority materials identified through a SMM approach and the waste management hierarchy. 2015 Solid Waste Policy Report • January 2016 45 Minnesota Pollution Control Agency 2. Revive the Market Development Council or create a similar board to provide direction to the State on market development. • This dedicated, multi-interest group is needed to help guide the direction of market development in Minnesota. Representatives from various state agencies(MPCA, Economic Development,Agriculture,Commerce,and Revenue),counties,cities, businesses, and the recycling industry should be included. Recommendations for new technologies 1. Establish a process for the MPCA to evaluate and review new technologies at facilities using life- cycle analysis techniques. Outline the resources, barriers,and steps needed to determine where and why they fit into the waste management hierarchy. Recommendations for organics recovery 1. Expand the "Opportunity to Recycle" requirement to include five broad material types instead of just four. • This would encourage increased curbside collection of organics as the current four broad material types already covers the traditional recyclables—paper, plastic,glass and metal. 2. Explore legislative or rule changes to simplify the process for communities to host organics drop- sites. • Either a rule or statute change to streamline and simplify the process for organics drop-sites would likely result in increased opportunities for Minnesotans to manage their organics in accordance with the hierarchy and not put them in the trash. 3. Add capacity to the system to consolidate and transport organics at transfer stations. 4. Expand current requirement (Minn.Stat. 325E.046) regarding labeling of compostable plastic bags to include all compostable products,ensuring that only products designed to meet specific scientific standards can make claims about their compostability. • ASTM compostability standards should be referenced. • The use of misleading terms on product labels claiming environmental benefits that have not been scientifically validated (i.e. "greenwashing")should be banned.Specifically the uses of terms like biodegradable,oxo-degradable,and degradable should not be allowed unless the products claim of an environmental benefit is scientifically verified. 5. Adopt policies that encourage the use of compost in public construction projects including: • Revising public road authority specifications for use of compost to allow any type of class one compost to be used with a preference for compost that has met the US Composting Councils Standards for Testing Assurance (STA)standards • A requirement that any publicly funded project that brings soil into a site uses soil that has a minimum 5%compost Recommendations for product stewardship 1. Implement changes to the existing e-waste legislation. • The MPCA initiated a process in the fall of 2013 to identify areas for program improvement and policy options to address challenges with the current e-waste legislation.The MPCA will continue to conduct outreach to local government, electronics recyclers, manufacturers, 2015 Solid Waste Policy Report • January 2016 46 Minnesota Pollution Control Agency retailers and other stakeholders to solicit input and identify support and concerns with the range of policy approaches for consideration during future legislative sessions. Examples of specific changes currently under consideration include: • Change the obligation so that it is not dependent on weight sold, rather weight collected • Expand the scope of products to include smaller screen sizes • Close the gap between the amount of electronics sold and the amount that retailer/manufacturers are obligated to recycle • Expand access to collection in counties that are lacking 2. Develop a product stewardship program to address mercury-containing lamps. • This initiative will require producers to file a program plan,which must be approved,to sell in the state and initiate the program.The producers must also submit annual progress reports to the MPCA and it is expected that producers will establish a network of collection sites using existing HHW sites and retailers. 3. Develop a strategic plan for prioritizing product stewardship focus based on sustainable materials management and life cycle impacts. 4. Develop a product stewardship program for agricultural plastic and boat wrap. Recommendations for financing and resource allocation 1. The MPCA and Legislature should allocate sufficient funding and staff resources to carry out the recommendations within this report. 2. The state will take steps to better align its funding distribution criteria to encourage highest and best use of materials. A more incentive-based funding approach could include programs such as SCORE, Environmental Assistance (EA)grants, Capital Assistance Program (CAP), Local Recycling Development Grants (LRDG)and other grant and loan programs. 3. Explore a Green Bond program to fund Sustainable Materials Management(SMM) in Minnesota. Green Bonds are used to raise capital and invest in new and existing projects with environmental benefits. Using green Bonds in Minnesota would enable capital raising and investment for new and existing projects with environmental benefits.The majority of current Green Bonds are being used to fund renewable energy and energy efficiency projects nationally and internationally. In Minnesota,These funds could be used for loans or grants to finance both private and public recycling infrastructure, recycling end market development,the reuse sector and other SMM projects. • The program would be established using Green Bond Principles (GBP)as presented by the International Capital Market Association (ICMA).These are voluntary process guidelines that recommend transparency and disclosure and promote integrity.The GBP explicitly recognizes Sustainable Waste Management(AKA Sustainable Materials Management)as an eligible category to fund projects. 2015 Solid Waste Policy Report • January 2016 47 Minnesota Pollution Control Agency Part one: Introduction and background Introduction In 1980,the Minnesota Legislature recognized the importance of waste management with the passage of the Waste Management Act (Minn. Stat. § 115A).This statute's purpose is to improve integrated solid waste management (ISWM)to protect the state's natural resources and public health. It establishes the following hierarchy, in order from most to least beneficial to the environment, of preferred solid waste management practices: 1. Waste reduction and reuse 2. Waste recycling 3. Composting of source-separated compostable materials, including but not limited to,yard waste and food waste 4. Resource recovery through mixed municipal solid waste (MMSW) composting or incineration 5. Land disposal which produces no measurable methane gas or which involves the retrieval of methane gas as a fuel for the production of energy to be used on-site or for sale 6. Land disposal which produces measurable methane and which does not involve the retrieval of methane gas as a fuel for the production of energy to be used on-site or for sale The above hierarchy was established to achieve the following goals, as provided in Minn. Stat. § 115A.02(a): 1. Reduction in the amount and toxicity of waste generated 2. Separation and recovery of materials and energy from waste 3. Reduction in indiscriminate dependence on disposal of waste 4. Coordination of solid waste management among political subdivisions 5. Orderly and deliberate development and financial security of waste facilities including disposal facilities Purpose of this Plan This Plan establishes the framework for managing the TCMA's solid waste for the next 20 years (2016- 2036) and was prepared in accordance with the requirements of Minn. Stat. §473.149.This Plan will guide the development and activities of solid waste management and must be followed in the TCMA.The Plan supports:the goals Anoka of the Waste Management Act (WMA) hierarchy; improving public health; reducing the reliance on landfills;conserving energy and natural resources; and reducing pollution and Ramsey greenhouse gas emissions. Hennepin The Twin Cities Metropolitan Area includes Anoka, Carver Carver,Dakota,Hennepin,Ramsey,Scott,and Washington counties,but not the cities of Northfield, Dakota Hanover, Rockford,and New Prague. Scott Metropolitan Solid Waste Policy Plan 2016-2036 • March 2017 Minnesota Pollution Control Agency 2 Key definitions and acronyms Municipal Solid Waste(MSW) Includes materials that have been separated for recycling and organics recovery and materials collected as trash that is generated by residential,commercial,industrial,and community activities. Mixed municipal solid waste(MMSW) Includes materials collected as trash that is generated by residential,commercial,industrial,and community activities. Non-municipal solid waste(Non-MSW) Includes materials resulting from construction,demolition,or industrial activities which is not mixed municipal solid waste. Participants in the process The MPCA worked with the seven metropolitan counties(Anoka,Carver, Dakota, Hennepin, Ramsey, Scott and Washington) in the development of this Plan. In addition,the MPCA hosted three stakeholder meetings in advance of the release of the draft Plan,and two public meetings after the draft Plan was released to gather input from other Plan stakeholders, including members of the recycling and waste industry and members of the general public. How the Plan will be used by stakeholders • Product producers.The Plan will guide product producers, including manufacturers and retailers, because they have a role in product stewardship and extended producer responsibility initiatives as well as Sustainable Materials Management(SMM). • Waste generators(residents, businesses, public entities).The Plan will 1) inform waste generators about their roles and responsibilities in waste management; 2)educate generators about solid waste issues and services (both public and private)available to them;and 3) identify and direct state agencies and county governments who provide assistance. • Waste industry.The Plan will outline the responsibility of the waste industry in providing future solid waste facilities and services. For the purposes of this Plan,the"waste industry" includes all entities, public or private,that collect and/or manage solid waste in some form, including recyclables, household hazardous waste(HHW)and problem materials. • Government.The Plan will: 1)guide the counties and regional governmental entities in developing solid waste master plans,ordinances,work plans, and budgets;2)guide the MPCA metropolitan oversight responsibilities, including administration of the Metropolitan Landfill Abatement Account program,county plan reviews, and the MPCA's approval of solid waste facility permits and landfill certificates of need;3)guide the MPCA in its regulatory, enforcement,and technical assistance functions that affect the TCMA;4)contribute to policy discussions regarding solid waste legislation affecting the TCMA; and 5)guide local jurisdictions in the planning and provision of services to residents and businesses. What has been accomplished already? The TCMA solid waste system is the result of planning and development that began with the 1980 WMA. Since 1980, much has been accomplished. • The TCMA recycles 49.9%of the municipal solid waste(MSW)generated.The recent improvement is largely due to advances in organics collection for food to people,food to livestock,SSO management,and yard waste composting. • Reuse and recycling activities contribute significantly to the economy of the region. • Organics recovery has greatly increased since 2008. • Resource recovery has increased since 2009,though facility shortages still exist. Metropolitan Solid Waste Policy Plan 2016-2036 • March 2017 Minnesota Pollution Control Agency 3 • Resource recovery facilities manage 28%of the MSW generated. • Land disposal has decreased by 18%since 2008. • Problem materials,such as major appliances, mercury-containing products, and electronic waste are banned from the MMSW stream, and infectious wastes are separately managed. • A system to collect and manage HHW is available to all residents. Six of the counties participate in an arrangement of shared reciprocity. As a region,we should be proud of the advances we have made as a result of the efforts from product producers,waste generators, waste industry, and government. What challenges still exist? While we have made some great strides, as noted above,there is more to be done, collectively,to reach our goals. • TCMA MSW generation continues to grow, and the region's solid waste diversion efforts currently in place will need to be more robust to meet the goals set out in state law. • Traditional recycling has decreased slightly since 2008. • The Legislature established a 75% combined recycling and organics goal for the TCMA,so system changes must occur throughout the region to achieve the new objective. Figure 1 shows the percent of MSW managed from 1991 to 2015 in the TCMA by recycling and organics recovery, resource recovery, and land disposal. Higher percentages of abatement occurred in the early years, because four of the seven TCMA counties used waste flow designation as a primary tool to direct MMSW to facilities and to pay for all services that benefited the entire system. How Waste is Managed in the TCMA 1,600,000 1,400,030 40% 1,200,000 111*1,000,000 -..__ -............. - � 27% \ _Recycling C 8W,000 —Organics h —Waste To Energy 23% -Landfill 600,000 400,000 1096 200,000 - --._-- ili 0, 8 g g 8 0 0 0 Figure 1.TCMA MSW management method percentages from 1991 to 2015(Source:SCORE and Certification Reports) Metropolitan Solid Waste Policy Plan 2016-2036 • March 2017 Minnesota Pollution Control Agency 4 If the current trends continue, nearly 8 million tons of additional waste will be sent to landfills over the 20-year period of this Plan (Figure 2). Figure 2 demonstrates the importance of changing the status quo over the next 20 years. Over 60%of MSW sent to landfills today could be recycled;this "lost opportunity" results in the loss of valuable metals, plastics, paper, and other commodities. Inevitably, the state, citizens, and businesses will be left with additional costs for siting new landfills, hauling MMSW long distances, increased greenhouse gas emissions, and cleanup at disposal facilities. The TCMA generates approximately 60% of Minnesota's MSW and,therefore, has a tremendous impact on the state as a whole.The entire state has experienced a stagnation of performance. 2,000,000 EEE 1,200,000 -Recycling g 1,000,000 -Waste to Energy -Organics 800,000 -Landfill 600,000 400,000 200,000 0 �n N Ql -i m N 0( -1 m u1 a-1 ci i-1 N N N N N m m m O O C) 0 0 0 0 0 0 0 0 CNN NNNNN NNN N Figure 2.Metro MSW tons to different management methods if current rates continue Resource recovery capacity continues to be under-utilized in the region because the MMSW is being diverted to landfills by private haulers.This loss will result in a reduction of: renewable energy capacity; ferrous and nonferrous recovery capacity; and pollution and resource savings. The MPCA has refocused compliance efforts around §473.848 (Restriction on Disposal)to ensure that existing resource recovery capacity is fully used. In addition, Ramsey and Washington counties have purchased the Newport Refuse Derived Fuel facility and will continue to invest in that facility to ensure continued materials and energy recovery and landfill abatement. To improve performance, all stakeholders must be willing to accept responsibility to remedy failures and deficiencies. Restoring accountability in the solid waste system will be critical. The private sector has a significant role, and it should be recognized for its ability to foster innovation and efficiencies through competition. More needs to be done to ensure that the activities of the private sector and the public sector are aligned to reach state goals. Metropolitan Solid Waste Policy Plan 2016-2036 • March 2017 Minnesota Pollution Control Agency 5 APPENDIX D: PERFORMANCE AND ACCOUNTABLITY A. Evaluating Progress Dakota County is committed to identifying performance measures to monitor and evaluate progress on strategies identified in the Master Plan.These metrics apply to all aspects of the solid waste management system described throughout this plan. Performance measures are important to ensure ongoing program improvement and to evaluate progress in meeting Master Plan objectives. More detailed progress measures will also be specified in the County's annual work plans, implementation projects,and in ongoing process improvement efforts. Dakota County is accountable to the MPCA for Master Plan development and advancement, but all stakeholders —including all levels of government,waste generators, and operators of the waste management system—are expected to participate and have accountability in implementing this Master Plan. Dakota County will continue to monitor compliance of regulated waste generators and the waste industry to measure Master Plan progress. The Policy Plan acknowledges that the complexity of the TCMA solid waste system makes it difficult to measure how MSW is managed according to the system objectives. Some data is more verifiable,such as the waste amounts delivered to waste facilities, because material is weighed and records are kept. Other data is not easily measured,such as the amount of material recycled by commercial establishments. Statute requires the MPCA to evaluate SCORE data collection and management and to make recommendations to the Legislature for its improvement. Continued evaluations will improve the reliability of measurement tools used to assess progress in attaining the Policy Plan's TCMA objectives. B. County Reporting Requirements Progress updates will be submitted to the MPCA through annual reports required by State law. Counties share data to account for waste that crosses county lines and also obtain data for waste that is sent outside of the region or state to ensure that data is as complete as possible. Reports summarize trends, project and program outcomes, and activities over the course of the previous year, including relevant data to identify progress. Annual reports submitted to the MPCA include: • SCORE Report/Survey is an annual report that gathers qualitative and quantitative on recycling rates,waste reduction efforts,waste management data and practices, County licensing and collection,finance,and administration. The County will submit the report by the required deadline each year. • Certification Report is an annual solid waste resource recovery and land disposal report.The MPCA reviews the report for consistency with the requirements of Minn. Stat. §473.848 and the Policy Plan.The County will annually submit the report by the required deadline each year. • Local Recycling Development Grant(LRDG) Report is an accounting to the MPCA of how LRDG funds were used in County programs and efforts. The County will submit the report by the required deadline each year. • Household Hazardous Waste Report provides the MPCA with data on the amount and type of HHW collected during the previous year. Financial data and the number of county and out-of-county households served are reported.The County will submit the report by the required deadline each year. Dakota County Solid Waste Master Plan: 2018-2038 Appendix D: Performance and Accountability, Page 83 • Annual Report provides the MPCA with a progress report on Master Plan implementation, including timelines for implementation and partners involved. Information submitted includes work and activities completed and priorities planned for the following year. The County will submit the report annually by the required deadline. C. County Oversight of the Private Sector, Municipalities, and Program Partners The solid waste management system serving Dakota County is comprised of both public-and private-sector services.State law includes a preference for private-sector ownership and operation of solid waste facilities (Minn. Stat. §§ 473.803 and 115A.46).Therefore,the private sector(both public and not-for-profit organizations) plays a critical role in carrying out solid waste functions within the County and directly influences the ability of the County to achieve Policy Plan objectives and meet statutory requirements. Minn. Stat. §473.803 indicates: A county may include in its solid waste management master plan and in its plan for county land disposal abatement a determination that the private sector will achieve, either in part or in whole, the goals and requirements of sections§473.149 and§473.803, as long as the county: (1)retains active oversight over the efforts of the private sector and monitors performance to ensure compliance with the law and the goals and standards in the metropolitan policy plan and the county master plan; (2)continues to meet its responsibilities under the law for ensuring proper waste management, including, at a minimum, enforcing waste management law,providing waste education,promoting waste reduction, and providing its residents the opportunity to recycle waste materials;and (3)continues to provide all required reports on the county's progress in meeting the waste management goals and standards of this chapter and chapter 115A. The tools Dakota County uses to hold the private sector, municipalities, and program partners accountable include: 1. Regulation—through assuring compliance with County ordinances and, as appropriate,state laws that relate to solid waste management. 2. Monitoring and reporting—by gathering information from entities to monitor actions related to the solid waste system and Master Plan implementation. 3. Contracts/Agreements—through assuring compliance with voluntary agreements entered into between Dakota County and other entities. The County implements oversight of the private sector providing waste management services, municipalities implementing landfill abatement programs,and program partners receiving funding or services to implement projects through the following: • Solid waste facilities:license and reporting requirements.All landfills,transfer stations,yard waste, and organics management facilities provide data on the amounts and types of waste they receive as part of their annual reports to the County.All waste management facilities in Dakota County are privately-owned. Through regulation and reporting requirements,facilities are accountable. - The County establishes and collects host fees from MSW landfills and to support landfill abatement programs. Dakota County Solid Waste Master Plan: 2018-2038 Appendix D: Performance and Accountability, Page 84 - Ordinance 110 requires licensing and reporting for all landfills, recycling facilities,special waste storage facilities,energy recovery facilities,transfer stations, infectious waste facilities,and compost facilities. - All solid waste facilities are licensed every two years to monitor compliance with environmental and public health requirements. Landfills are inspected at least monthly, recycling facilities are inspected two to four times per year,and compost facilities are inspected one to three times per year depending on size. The County has authority to issue penalties for non-compliance. - Landfills and transfer stations report waste sources by municipality. Materials recovery facilities(for recyclables) report the amount of incoming waste and how much waste is separated for recycling. The County will update facility report forms,as necessary,to ensure relevant and accurate data is submitted. Standard for approval of licenses and reports: The County will approve solid waste facility licenses and reports if they meet Ordinance 110 requirements. Procedures - Required License and Report: The County will provide a license application and report forms and notify regulated facilities of license and reporting obligations and submittal deadlines, as specified in Ordinance 110.The County provides the forms and instructions for completion. - County Review and Approval: The County will review and approve applications and reports if they are determined to be accurate and meet Ordinance 110 requirements. If applications or report forms are incomplete or inaccurate,the County will work with the facility on a complete submittal or can deny them. • Waste hauler license and reporting requirements: Haulers must report the amount of residential and commercial recyclables hauled and the number of accounts that they serve, by city. Haulers are accountable to Master Plan objectives through Ordinance 110 and licensing. Ordinance 110 establishes standards for collection and transportation of solid waste and recyclable materials in the County. Standards include requirements for licensing, reporting, providing the opportunity to recycle, record keeping, collection fee structure,equipment and operations requirements, and a prohibition for mixing MSW and source-separated recyclables.The County enforces Ordinance 110 by licensing MSW haulers.The license requirement includes a checklist to report which recyclable materials each hauler accepts and the frequency of collection.The County provides the application form and instructions for completeness that outline the information,and communicates to waste haulers on the required submittal dates. In addition, licensed haulers are required to report information about collection and processing of recyclable materials. Effective 2017, haulers report residential and commercial waste collection data directly to the MPCA.The County will work with the MPCA to ensure accurate data is submitted. In addition, Ordinance 110 has long-required haulers to submit collection data to the County. County forms require the number of accounts per city and total tons collected by material.The residential form also collects the number of multi-unit accounts.The County will monitor the ongoing need for haulers to continue to submit data directly to the County given the change in the MPCA collection of hauler data. Licensing and reporting holds haulers accountable for Master Plan objectives to implement recycling programs. Standard for approval of licenses and reports: The County will approve hazardous waste hauler licenses and reports if they meet Ordinance 110 and regional hauler licensing requirements. Dakota County Solid Waste Master Plan: 2018-2038 Appendix D: Performance and Accountability, Page 85 Procedures - Required License and Report: The County will collaborate with regional partners,as appropriate,to annually develop a license application and notify haulers of license and license obligations specified in Ordinance 110. The County will notify haulers of reporting obligations specified in Ordinance 110,and will collaborate with the state to compare state and county data submitted by haulers.Application and report forms outline information and data that is required to be submitted. - County Review and Approval: The County will review and approve applications and reports if they are determined to be accurate. If applications or forms are incomplete or inaccurate,the County will work with the hauler to complete an accurate submittal or can deny the application/reports. • Hazardous waste generators and facilities: license and reporting requirements: Regulated generators and facilities report the amount of waste generated and managed,sorted by hazard category,and waste type. Private-sector generators are accountable to Master Plan objectives based on their status as hazardous waste generators. Hazardous waste generators are accountable through Ordinance 111 which establishes standards based on generator size for training, licensing,generating,storing, processing,and managing hazardous waste in Dakota County. The County licenses, inspects,and trains hazardous waste generators and facilities. Licensing is renewed annually. Inspection and training frequency depends on size. Large and small generators are inspected every year,very small quantity generators every two years,and minimal quantity generators every five years. Inspections and training requirements hold private-sector hazardous waste generators accountable for meeting Master Plan objectives for proper hazardous waste management. Standard for approval of licenses and reports: The County will approve hazardous waste generator and facility licenses and reports if they meet Ordinance 111 requirements. Procedures - Required License and Report: The County will annually provide a license application and report forms and notify generators and facilities of license and reporting obligations and submittal deadlines, as specified in Ordinance 111. Forms outline information and data that is required to be submitted. - County Review and Approval: The County will review and approve applications and reports if they are determined to be accurate. If applications or forms are incomplete or inaccurate,the County will work with the generator or facility to complete an accurate submittal or can deny the application/reports. • Municipalities,including the Rural Solid Waste Commission, report progress toward achieving landfill abatement objectives and County Master Plan requirements, in accordance with Community Funding JPAs. Ordinance 110 requires all municipalities to have a solid waste abatement program in compliance with the County's Master Plan. Community Funding dollars are distributed to each city based on annual work plans. To receive funds, municipalities annually submit an application,work plan,and budget. Funds must be used for residential recycling programs, education and outreach,and priority issues indicated in the JPAs. Municipalities must submit an Annual Report to the County with qualitative and quantitative measurements Dakota County Solid Waste Master Plan: 2018-2038 Appendix D: Performance and Accountability, Page 86 resulting from work plan projects and programs. W plans focus on meeting several Master Plan objectives: outreach and education, household hazardous waste recycling, residential recycling,and organics.The Annual Report is used to measure performance. If a municipality fails to meet Ordinance 110 or JPA requirements the County can implement a program on the municipality's behalf, request the return of funds, or both. An excerpt of Ordinance 110 for a municipal solid waste abatement program is below: 16.01 SOLID WASTE ABATEMENT Program. A. Each municipality shall have a solid waste abatement program.Each municipality's program must: 1. Be consistent with the County Solid Waste Master Plan and the joint powers agreement between the county and each municipality with regard to solid waste abatement;and 2. Provide a method of collecting and reporting the data required by section 16.02. B. If a municipality does not maintain a solid waste abatement program, the county may implement a solid waste abatement program in that municipality consistent with the county's solid waste abatement goals and this section. C. The county may recover its costs for developing,implementing,and operating a solid waste abatement program including,but not limited to,administrative, monitoring and public education costs,from any municipality or group of municipalities, which does not maintain a solid waste abatement program. Costs may be pursued through a service charge established pursuant to Minn.Stat. §400.08 or through such other means deemed appropriate by the county board. 16.02 Reporting Requirements for Municipalities. A. Each municipality shall report to the department information relating to the recyclable material generated at drop-offs within its boundaries,as well as other reporting requirements in the municipality's joint powers agreement with the county. B. Failure to submit a report as required by section 16.02(A)shall be construed by the department as a failure on the part of the municipality to meet its annual solid waste abatement goals and shall be subject to sections 16.01(B)and 16.01(C). 16.03 Failure to Meet SOLID WASTE ABATEMENT Goals. If a municipality fails to meet its annual solid waste abatement goals as required by the municipality's joint power agreement with the county, the county board may institute any part of or all of section 16.00 either in the municipality that failed to meet the county's solid waste abatement goals or in the county as a whole,as deemed appropriate by the county board. Standard for approval of funding and annual report: The County will approve the annual funding if JPA and Ordinance 110 requirements are met,or if municipalities demonstrate progress toward JPA objectives, as documented in the required Final Report. Dakota County Solid Waste Master Plan: 2018-2038 Appendix D: Performance and Accountability, Page 87 Procedures - Required Report: The County will annually provide a Final Report and notify municipalities of reporting obligations and reporting submittal deadlines, as outlined in the JPA. Forms will outline information and data that is required to be submitted. - County Review and Approval: The County will review the Final Report to determine if the municipality has met JPA requirements. If the municipality fails to meet requirements,the County will notify the municipality and work with them to identify action steps to achieve JPA requirements. If the municipality continues to fail to make adequate progress,County staff will discuss options with the municipality and the County Board for remedial actions that include implementing the program on behalf of the community, having the municipality return funding to the County, or both. • Agreements/contracts are used with the private sector to provide incentives to support Master Plan goals and establish mechanisms for reporting: a. Business Recycling Incentive Program. The County requires businesses and organizations to enter into a contract with the County to participate in the Business Recycling Incentive Program. The program provides up to$10,000 for eligible businesses subject to the state's commercial recycling requirement (MN Stat. § 115A.151)for implementation of eligible activities identified in program guidelines. Program guidelines and contract language support Master Plan goals to implement and document results of waste reduction and improved recycling(including organics recovery). Guidelines establish funding eligibility,details on how the funding will be used, reporting requirements(e.g.,Application, Baseline Report, Final Report), and requirements to use County technical assistance to ensure businesses follow best management practices(e.g., use color-coded bins and labels). The County will reimburse the business for County-approved items identified in the contract,following proof of payment by the business. Standards for approval of contracts and program report forms: For contracts and reports to be approved by the County, landfill abatement activities identified in the required County-developed Application must be consistent with the program's Guidelines and Contract. Once the contract is approved for program participation,the business is required to submit reports to demonstrate diversion improvements in their waste management program. Procedures - Required Program Reports: The contract requires that participating businesses complete a Baseline and Final Report,and identifies the submittal timeline and report content requirements. Forms outline information and data that is required to be submitted. Baseline Reports must be submitted within 30 days of approval of program participation (e.g., contract execution). The Baseline Report requires reporting on quantitative (pre-program trash and recycling volumes at the businesses)and qualitative measures (general awareness of recycling). The Final Report must be submitted within 12 months of program participation (when project is complete). It requires an update on quantitative and qualitative measures from the Baseline Dakota County Solid Waste Master Plan:2018-2038 Appendix D: Performance and Accountability, Page 88 Report to measure changes in diversion and recycling awareness at the end of the project. In addition,for payment of County funds for items identified in the contract,the businesses must submit a Reimbursement Form that demonstrates proof of purchase and payment of County- approved items. - County Review and Approval: The County will review and approve the program forms to determine if they meet Guidelines and contract obligations. If they do not,and until any issues are resolved,the County will not approve reports and will not issue reimbursement for project items purchased by the business. b. School Recycling and Organics Program. The County requires schools to enter into a JPA (public schools)or contract(private schools)with the County to participate in the School Recycling and Organics Program to establish program roles and expectations.The JPA/contract supports Master Plan goals to implement and document results of waste reduction and improved recycling(including organics recovery) actions.The JPA/contract establishes program eligibility and requirements to use County technical assistance to ensure schools follow best management practices (e.g., paired, labeled,and color-coded bins,green teams, update internal policies) and measure waste diversion progress (e.g., allow pre-and post-program waste sorts). For the JPA/contract to be approved by the County for participation in the program,the school must agree to comply with JPA/contract obligations. The County works closely with a contractor and school participants to ensure program expectations are achieved. If they are not,the County can remove any waste management system infrastructure(e.g., recycling bins) provided by the County. The County will individually, and with state and regional partners, routinely evaluate aforementioned forms and related measurement requirements.The County will revise forms as necessary to ensure data is accurate and relevant, and assist in reporting of Master Plan implementation. D. Accountable Parties and Additional Measures for Strategies The Master Plan outlines strategies to achieve Policy Plan and statutory requirements. All stakeholders in the system have roles and responsibilities to ensure successful implementation of these strategies. The following tables include strategies identified in Part Two of the Master Plan,along with key entities accountable for strategy implementation, possible output or outcome measures,and primary mechanisms for gather measures. Dakota County Solid Waste Master Plan: 2018-2038 Appendix D: Performance and Accountability, Page 89 © 0 INFORMATION MEMO LEAGUE OF MINNESOTA City Solid Waste Management CITIES Understand city authority and requirements to regulate the collection and disposal of solid waste and the roles of state and county oversight. Read about city licensing authority and permitted assessments and fees. Learn about open and organized systems of solid waste collection, including their advantages and disadvantages. Includes a flowchart showing the process for adopting organized collection and links to model ordinance and resolution. RELEVANT LINKS: I. Authority, oversight, and definitions A. Authority to regulate Minn.Stat.§412.221,subd. All cities are authorized to provide for or regulate by ordinance the disposal 22(3).Minn.Stat.§410.33. Troje v.City Council of City of sewage, garbage, and other refuse. This broad grant of police power of Hastings,310 Minn. 183, authorizes cities to regulate the collection and disposal of solid waste. 245 N.W.2d 596(1976). B. Authority to acquire, construct, and operate solid waste facilities—first class cities First class cities (Minneapolis, St. Paul, Duluth, and Rochester) are authorized: Minn.Stat.§443.18.Minn. • To acquire by purchase or condemnation lands on which to build plants Stat.§410.01. for the destruction of garbage and other refuse. • To purchase, build, operate, and maintain such plants for the destruction of garbage and other refuse. • To provide for the collection of all such garbage or refuse and its delivery to destruction plants or other places. • To pay and contract to pay for the same in such annual installments and at such a rate of interest on deferred payments as the city council determines. See Minn.Stat.§§443.18- Each of these actions must be authorized by at least a three-fourths vote of 443.35 for more information about first class cities' all members of the city council. First class cities have additional authority authority and restrictions and restrictions regarding solid waste management. regarding solid waste management. C. State oversight See Information Brief, Before the 1970s, open burning and open dumping were the most common Minnesota Solid Waste History,Minnesota House of forms of solid waste management. Representatives. This material is provided as general information and is not a substitute for legal advice.Consult your attorney for advice concerning specific situations. 145 University Ave.West www.lmc.org 9/19/2018 Saint Paul,MN 55103-2044 (651)281-1200 or(800)925-1122 ©2018 All Rights Reserved RELEVANT LINKS: Beginning in the 1970s,the Minnesota Legislature adopted a variety of waste management regulations, and gave the Minnesota Pollution Control Agency(MPCA)regulatory oversight over the management of solid waste and recycling. Minn.Stat.§115A.46. The MPCA develops and enforces the state's solid waste management MPCA Local Government Assistance unit. regulations. It also is responsible for approving the solid waste plans that counties must adopt. The MPCA has a Local Government Assistance Unit that offers a variety of tools to help counties, cities, and townships develop and support systems that recover resources and manage waste. See Minn.Stat.ch. 115A. The Minnesota Legislature adopted the Waste Management Act in 1980. It establishes the following descending order of priority for waste management: Minn.Stat.§ 115A.02. • Waste reduction and reuse. • Waste recycling. • Composting of source-separated compostable materials, including, but not limited to,yard waste and food waste. • Resource recovery through mixed municipal solid waste composting or incineration. • Land disposal that produces no measurable methane gas or that involves the retrieval of methane gas as a fuel for the production of energy to be used on-site or for sale. • Land disposal that produces measurable methane and that does not involve the retrieval of methane gas as a fuel for the production of energy to be used on-site or for sale. D. County oversight Minn.stat.§115A.46.Minn. Minnesota counties have primary responsibility for solid waste management, Stat.§400.16.Minn.Stat.§ 473.149.Minn.R.ch.9215. including recycling.All counties are required to adopt a solid waste plan that The MPCA maintains a must include waste reduction and recycling provisions, as well as provisions database of county contacts for solid waste and recycling. to minimize the amount of waste disposed of in landfills. For more information about recycling in your county, visit Recycle More Minnesota's website. Minn.Stat.§ 115A.46 subd. After the MPCA has approved a county's solid waste plan, a city located in 5. that county may not enter into a binding agreement governing solid waste management activity or develop, or implement solid waste management activity(other than activity to reduce waste generation or reuse waste materials)that is inconsistent with the county's plan without the county's consent. Minn.Stat.§473.149.See Metropolitan counties must develop solid waste management plans that are Metropolitan Solid Waste Management Policy Plan consistent with the most recent"metropolitan long-range policy plan." 2016-2036. League of Minnesota Cities Information Memo: 9/19/2018 City Solid Waste Management Page 2 RELEVANT LINKS: E. Definitions 1. Mixed municipal solid waste Minn.Stat.§ 115A.03,subd. Mixed municipal solid waste is defined as "garbage, refuse, and other solid 21. waste from residential, commercial, industrial, and community activities that the generator of the waste aggregates for collection."Mixed municipal solid waste does not include "auto hulks, street sweepings, ash, construction debris, mining waste, sludges,tree and agricultural wastes,tires, lead acid batteries, motor and vehicle fluids and filters, and other materials collected, processed, and disposed of as separate waste streams." 2. Solid waste Minn.Stat.§115A.03,subd. Solid waste is defined as "garbage, refuse, sludge from a water supply 31.Minn.Stat.§ 116.06, subd.22. treatment plant or air contaminant treatment facility, and other discarded waste materials and sludges, in solid, semisolid, liquid, or contained gaseous form,resulting from industrial, commercial, mining, and agricultural operations, and from community activities." Solid waste does not include: • Hazardous waste • Animal waste used as fertilizer • Earthen fill, boulders,rock • Concrete diamond grinding and saw slurry associated with the construction, improvement, or repair of a road when deposited on the road project site in a manner that is in compliance with best management practices and rules of the agency • Sewage sludge • Solid or dissolved material in domestic sewage or other common pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluents or discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act, as amended, dissolved materials in irrigation return flows • Source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended Minn.Stat.§115A.951. State law specifically prohibits certain items from being included in mixed Minn.Stat.§115A.96.Minn. Stat.§115A.03,subd.17a. municipal solid waste or in solid waste, including: telephone directories, Minn.stat.§115A.9565. major appliances, electronic products containing a cathode-ray tube, yard Minn.Stat.§115A.931. Minn.Stat.§115A.935. waste,tires,motor and vehicle fluids and filters, mercury or mercury- Mum.stat.§115A.932. containing devices or products from which the mercury has not been Minn.Stat.§115A.9155. Minn.stat.§115A.9157. removed for reuse or recycling, fluorescent tubes, and certain batteries. League of Minnesota Cities Information Memo: 9/19/2018 City Solid Waste Management Page 3 RELEVANT LINKS: 3. Yard waste Minn.Stat.§115A.03,subd. Yard waste is defined as "garden wastes, leaves, lawn cuttings, weeds, shrub 38. and tree waste, and prunings." 4. Recyclable materials Minn.Stat.§ 115A.03,subd. Recyclable materials are defined as "materials that are separated from mixed 25a. municipal solid waste for the purpose of recycling or composting, including paper, glass,plastics, metals, automobile oil,batteries, source-separated compostable materials, and sole sourced waste streams that are managed through biodegradative processes."Recyclable materials do not include refuse-derived fuel or other material that is destroyed by incineration. 5. Source-separated recyclable materials Minn.Stat.§115A.03,subd. Source-separated recyclable materials are defined as "recyclable materials, 32b. including commingled recyclable materials that are separated by the generator." 6. Source-separated compostable materials Source-separated compostable materials are defined as materials that: Minn.Stat.§ 115A.03,subd. • Are separated at the source by waste generators for the purpose of 32a.Minn.Stat.§115A.93. preparing them for use as compost. • Are collected separately from mixed municipal solid waste, and are governed by the licensing provisions of section 115A.93. • Are comprised of food wastes, fish and animal waste,plant materials, diapers, sanitary products, and paper that is not recyclable. • Are delivered to a facility to undergo controlled microbial degradation to yield a humus-like product meeting the MPCA's class I or class II, or equivalent, compost standards, and where process rejects do not exceed 15 percent by weight of the total material delivered to the facility. • May be delivered to a transfer station,mixed municipal solid waste processing facility, or recycling facility only for the purposes of composting or transfer to a composting facility, unless the commissioner determines that no other person is willing to accept the materials. 7. Organized collection Minn.Stat.§ I15A.94.See Organized collection is defined as "a system for collecting solid waste in Section IV,Solid waste and recycling collection,for more which a specified collector, or a member of an organization of collectors, is information about organized authorized to collect from a defined geographic service area or areas some or collection. all of the solid waste that is released by generators for collection." League of Minnesota Cities Information Memo: 9/19/2018 City Solid Waste Management Page 4 RELEVANT LINKS: 8. Open collection Open collection is generally defined as a system for collecting solid waste or recyclable materials where individual residents and businesses are free to contract with any collector licensed to do business in the city. II. City regulation and licensing A. Required regulation There are three situations where cities are required to regulate solid waste collection. 1. County organized collection ordinance Minn.Stat.§115A.94,subd. Any county can adopt an ordinance requiring cities or towns within its 5.See Section IV,Solid waste and recycling boundaries to organize collection of solid waste. If a city does not comply collection,for more with the county's organized collection ordinance,the county can organize information about organized collection. collection itself. Minn.Stat.§ 115A.94,subd. A county's organized collection ordinance—in addition to requiring solid 5. waste collection—may also require the separation and separate collection of recyclable materials, specify the material to be separated, and require cities to meet any performance standards for source separation contained in the county's solid waste plan. 2. Cities in the metropolitan area Minn.Stat.§473.811,subd. Cities in the metropolitan area must adopt an ordinance regulating the 5.Minn.Stat.§473.121. collection of solid waste within its boundaries. The metropolitan area includes the counties of Anoka, Carver, Dakota(excluding the city of Northfield), Hennepin (excluding the cities of Hanover and Rockford), Ramsey, Scott(excluding the city of New Prague), and Washington. If a city is located in a metropolitan county that has adopted a collection ordinance, the city must adopt either the county ordinance by reference or a stricter ordinance. If a city is located in a metropolitan county that has adopted a recyclable-separation ordinance,the ordinance applies in all cities within the county that have failed to meet the local abatement performance standards stated in the most recent annual county report. 3. Cities with a population of 1,000 or more Minn.Stat.§ 115A.941. Any city, regardless of where it is located,with a population of 1,000 or more must ensure that every residential household and business in the city has solid waste collection service. League of Minnesota Cities Information Memo: 9/19/2018 City Solid Waste Management Page 5 RELEVANT LINKS: Minn.Stat.§115A.941.See To comply with this requirement, cities are authorized to organize solid Section IV,Solid waste and recycling collection,for more waste collection,provide collection by city employees, or require by information about organized ordinance that every household and business has a contract for collection collection. services. An ordinance with such a requirement must also provide for enforcement. Cities must follow specific procedural requirements before adopting organized collection of solid waste. Minn.Stat.§115A.941. A city with a population of 1,000 or more may exempt a residential household or business from the requirement to have solid waste collection service if the household or business ensures that an environmentally sound alternative is used. B. Recycling required at city facilities Minn.Stat.§115A.151. All statutory and home rule charter cities are required to ensure that facilities under their control, from which mixed municipal solid waste is collected, have containers for at least three recyclable materials, such as, but not limited to,paper, glass,plastic, and metal. Cities also must transfer all recyclable materials collected to a recycler. C. Licensing 1. Solid waste collectors Minn.Stat.§115A.93,subd. State law prohibits any person from collecting mixed municipal solid waste 1. for hire without a license from the jurisdiction where that waste is collected. Minn.Stat.§ 115A.93,subd. Cities are authorized to license solid waste collectors. If a city licenses solid 2.Minn.Stat.§115A.93, subd.1(a).Troje v.City waste collectors, it must submit a list of licensed collectors to the MPCA. Council of City of Hastings, County boards are required to adopt by resolution the licensing authority of 310 Minn.183,245 N.W.2d 596(1976).The MPCA is any city that does not license solid waste collectors. If a city acts as a currently working with licensing authority, it may impose requirements that are consistent with the Minnesota counties to receive a list of locally licensed county's solid waste policies. In addition, state law establishes several collectors.For more requirements that must be imposed for any license issued to a solid waste information contact Peder Sandhei,Principal Planner, collector. MPCA at 651-757-2688, 800-657-3864,or peder.sandhei@state.mn.us. Minn.Stat.§115A.93,subd. First, a license must require collectors to impose charges for collection of 3. mixed municipal solid waste that increase with the volume or weight of the waste collected. For example, a solid waste collector could charge fees that increase with the increasing volume of solid waste generated by customers. Garbage carts of different sizes,measured by their volume in gallons, could be issued to customers who can decide what size garbage cart best suits their disposal needs. League of Minnesota Cities Information Memo: 9/19/2018 City Solid Waste Management Page 6 RELEVANT LINKS: Minn.Stat.§115A.93,subd. The commissioner of the MPCA may exempt a licensing authority from this 3. requirement if the county in which the city is located has an approved solid waste plan that concludes that variable rate pricing is not appropriate for that jurisdiction because it is inconsistent with other incentives and mechanisms implemented that are more effective in attaining the goals of discouraging on-site disposal, littering, and illegal dumping. The commissioner may also exempt a collector from this requirement while revisions are being made to the county's solid waste plan if certain conditions are met. The exemption is only effective until the county solid waste plan is revised. Minn.Stat.§115A.93,subd. Second, a license that requires a pricing system based on volume instead of 3(a). weight shall determine a base unit size for an average small quantity household generator of waste 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. Minn.Stat.§ 115A.93,subd. Third, a license shall prohibit collectors from imposing a greater charge on 3. residents who recycle than on residents who do not. 2. Recycling collectors Minn.Stat.§ 115A.553, Counties can require either county or municipal licenses for the collection of subd.2.Minn.Stat.§ 115A.93,subd.1(b). recyclable materials. A person may not collect recyclable materials for hire unless that person is licensed locally or is registered with the MPCA. Each county must ensure that materials separated for recycling are taken to markets for sale or to recyclable material processing centers.No county may prevent a person that generates or collects solid waste from delivering recyclable materials to a recycling facility of the generator's or collector's choice. Minn.Stat.§115A.46,subd. If a city acts as a licensing authority, it may impose requirements that are 5. consistent with the county's recycling policies. A city can also impose requirements that are in addition to or different from the county's policies if the city's requirements are designed to reduce waste generation or promote the reuse of waste materials. 3. License fees Orr v.City of Rochester, 193 State law does not address the amount that cities can charge for licenses for Minn.371,258 N.W.569 (1935). collection of solid waste or recyclable materials. Generally, a license fee must be reasonable. It should not be viewed as a source of revenue and should be in an amount that is close to the direct and indirect costs in issuing the license and regulating the licensed activity. League of Minnesota Cities Information Memo: 9/19/2018 City Solid Waste Management Page 7 RELEVANT LINKS: D. Requiring use of specific waste facility Waste Systems Corp.v. Some municipalities have adopted ordinances that regulate the flow of solid County of Martin,985 F.2d 1381(8th Cir.1993).C&A waste, for example,by designating where it must be taken for disposal. This Carbone,Inc.v.Town of is generally done as a tool to achieve solid waste management goals. Flow Clarkstown,New York,511 U.S.383(1994).Ben control ordinances may raise constitutional issues under the Commerce Oehrleins and Sons and Clause of the United States Constitution if they interfere with the flow of Daughter,Inc.v.Hennepin County,115 F.3d 1372(8th interstate commerce. Cir. 1997). City of Philadelphia v.New Courts have recognized a distinction under the Commerce Clause that Jersey,437 U.S.617(1978). United Haulers Ass'n,Inc.v. generally allows municipalities more authority to take actions affecting solid Oneida-Herkimer Solid waste if they are acting as a"market participant" instead of as a government Waste Management Auth., 550 U.S.330(2007). regulator. When a municipality is providing for or contracting for waste management services, it generally is thought to be acting as a market participant. Minn.Stat.§§I15A.83- State law authorizes counties or sanitary districts to adopt a designation 115A.86. ordinance requiring that all solid waste generated within a specific geographic area must be delivered to a specific solid waste facility.A designation ordinance does not apply to the following materials: Minn.Stat.§115A.83.Minn. • Materials separated from solid waste and recovered for reuse in their Stat.§ 115A.03,subds.27 and 28. original form or for use in manufacturing processes. • Materials that are processed at a resource recovery facility at the capacity in operation at the time that the designation plan is approved by the commissioner of the MPCA. • Materials that are separated at a permitted transfer station located within the boundaries of the designating authority for the purpose of recycling the materials if either: (1)the transfer station was in operation on Jan. 1, 1991; or(2)the materials were not being separated for recycling at the designated facility at the time the transfer station began separation of the materials. • Recyclable materials that are being recycled, and residuals from recycling if there is at least an 85 percent volume reduction in the solid waste processed at the recycling facility and the residuals are managed as separate waste streams. Minn.Stat.§115A.94,subd. If a city organizes collection, by contract or as a municipal service, it may 3.Minn.Stat.§ 115A.86. include a requirement that all or any portion of the solid waste be delivered to a waste facility identified by the city. This requirement would not apply to recyclable materials and materials that are processed at a resource recovery facility at the capacity in operation at the time the requirement is imposed. In a district or county where a resource recovery facility has been designated by ordinance, organized collection must conform to the designation ordinance's requirements. League of Minnesota Cities Information Memo: 9/19/2018 City Solid Waste Management Page 8 RELEVANT LINKS: Minn.Stat.§473.813.Minn. Cities in the metropolitan area have authority to directly negotiate and enter Stat.§473.121.LMCIT staff can assist in reviewing city into contracts—for a term not to exceed 30 years—for the delivery of solid contracts,especially waste to a waste facility, and the processing of solid waste. Contracts made provisions related to insurance and liability.For by direct negotiations shall be approved by resolution. Before a city in the more information,contact metropolitan area enters into a contract for a period of more than five years, Chris Smith,Risk Management Attomey,at it must submit the proposed contract and a description of the proposed csmith@lmc.org or 651-281- activities under the contract to the commissioner of the MPCA for review 1269. and approval. E. Customer lists Minn.Stat.§115A.93,subd. Customer lists that solid waste collectors provide to cities are private data on 5.Minn.Stat.§13.02,subds. 9,12. individuals, or nonpublic data with regard to data not on individuals, under the Minnesota Government Data Practices Act. III. City assessments and fees A. Assessments for unpaid services Minn.Stat.§443.015.See Any statutory city or city of the fourth class that provides, by contract or Adopting Assessments for Unpaid Charges for Garbage otherwise, for garbage collection and disposal may by ordinance require the Collection and Disposal owners of all property served to pay the proportionate cost of the service to Services,LMC Model Resolution,and Providing for their properties. The city council may annually levy an assessment equal to Assessment of Unpaid the unpaid cost as of Sept. 1 of each year against each lot or parcel of land. Charges for Garbage Collection and Disposal The assessment may include a penalty not to exceed 10 percent of the Services,LMC Model unpaid amount, and shall bear interest not exceeding 6 percent per year. Ordinance. Such assessments shall be certified to the county auditor and shall be collected and remitted to the city treasurer in the same manner as assessments for local improvements. Minn.Stat.§443.29. First class cities (Minneapolis, St. Paul,Duluth, and Rochester)have additional authority to collect unpaid charges for rubbish disposal in a civil action, or to assess them against the property receiving the service and collect them as other taxes are collected. B. City fees 1. Operators of disposal facilities Minn.Stat.§115A.921, A city may charge a fee that cannot exceed $1 per cubic yard of waste, or its subd. 1. equivalent, on operators of facilities for the disposal of mixed municipal solid waste located in the city. The fees must be credited to the city's general fund. Revenue produced by 25 cents of the fee must be used only for purposes of landfill abatement or for mitigating and compensating for the local risks, costs, and other adverse effects of the facilities. League of Minnesota Cities Information Memo: 9/19/2018 City Solid Waste Management Page 9 RELEVANT LINKS: Revenue produced by the balance of the fee may be used for any general fund purpose. Minn.Stat.§ 115A.921, There is an exemption from this fee for waste residue from recycling subd. 1. facilities at which recyclable materials are separated or processed for the purpose of recycling, or from energy and resource-recovery facilities at which solid waste is processed for the purpose of extracting, reducing, converting to energy, or otherwise separating and preparing solid waste for reuse if there is at least an 85 percent weight reduction in the solid waste processed. Minn.Stat.§115A.921, A city also may charge a fee not to exceed 50 cents per cubic yard of waste, subd.2.Minn.Stat.§ 115A.03,subd.7. or its equivalent, on operators of facilities for the disposal of construction debris located within the city. The revenue from the fees must be credited to the city general fund. Two-thirds of the revenue must be used only for purposes of landfill abatement or for purposes of mitigating and compensating for the local risks, costs, and other adverse effects resulting from the facilities. Minn.Stat.§115A.921, There is an exemption from 25 percent of this fee if the facility has subd.2. implemented a recycling program that the county has approved, and 25 percent if the facility contains a liner and leachate collection system the MPCA has approved. Two-thirds of the revenue from this fee must offset any financial assurances required by the city for a construction debris facility. The maximum revenue that may be collected for this type of fee must be determined by multiplying the total permitted capacity of a facility by 15 cents per cubic yard. Once the maximum revenue has been collected for a facility,the fees in this subdivision may no longer be imposed. 2. Accounting for fees Minn.Stat.§ 115A.929. Cities that provide for solid waste management shall account for all revenue collected from waste management fees,together with interest earned on revenue from the fees, separately from other revenue collected by the city. Cities must report revenue collected from the fees and use of the revenue separately from other revenue and use of revenue in any required financial report or audit. Minn.Stat.§ 115A.03,subd. A city provides solid waste management and is subject to this requirement 36. for a separate accounting and reporting if a city engages in any activities that are intended to affect or control the generation of waste, or engages in any activities that provide for or control the collection,processing, and disposal of waste. State law defines waste management fees as: Minn.Stat.§115A.919. • All fees, charges, and surcharges collected under sections 115A.919, Minn.Stat.§ 115A.921. 115A.921, and 115A.923 of the Minnesota Statutes. League of Minnesota Cities Information Memo: 9/19/2018 City Solid Waste Management Page 10 RELEVANT LINKS: Minn.Stat.§115A.923. • All tipping fees collected at waste management facilities owned or For more information about these fees see Section III.B., operated by the city. City Fees.Minn.Stat.§ • All citychargesfor wastellectimanagement services. 115A.929. collection andg • Any other fees, charges, or surcharges imposed on waste for the purpose of waste management, whether collected directly from generators, indirectly through property taxes, or as part of utility or other charges for city-provided services. Minn.Stat.§115A.945. Any city that provides or pays for the costs of collection or disposal of solid waste must,through a billing or other system, make the prorated share of those costs for each solid waste generator visible and obvious to the generator. IV. Solid waste and recycling collection A. Types of collection systems—open collection and organized collection Analysis of Waste Collection The two main types of collection systems for solid waste and recycling are Service Arrangements, Minnesota Pollution Control commonly referred to as "open collection" and"organized collection."A Agency,June 2009. 2009 study authorized by the MPCA estimated that the number of cities with open solid waste collection was between 65 to 80 percent, and the number of cities with organized solid waste collection was between 20 to 35 percent. The same study indicated that the number of cities with open recycling was estimated to be between 40 to 60 percent, and the number of cities with organized recycling was estimated to be between 50 to 60 percent. Open collection is generally defined as a collection system where individual residents and businesses are free to contract with any collector licensed to do business in the city. Minn.Stat.§115A.94,subds. Organized collection is defined as a"system for collecting solid waste in 1,3.See Section W.D., Procedural requirements for which a specified collector, or a member of an organization of collectors, is adopting organized authorized to collect from a defined geographic service area or areas some or collection,for more information. all of the solid waste that is released by generators for collection."A city must comply with certain procedural requirements in the organized collection statute before adopting organized collection of solid waste. Minn.Stat.§115A.94,subd. A city may organize collection as a municipal service where city employees 3. collect solid waste from a defined geographic service area or areas. In the alternative, cities may organize collection by using one or more private collectors or an organization of collectors. The agreement with the private collectors may be made through an ordinance, franchise, license,negotiated or bidded contract, or by other means. League of Minnesota Cities Information Memo: 9/19/2018 City Solid Waste Management Page 11 RELEVANT LINKS: Minn.Stat.§471.345.Minn. The competitive bidding requirements in state law do not apply to contracts Stat.§412.311.Sclnvandt Sanitation of Paynesville v. for solid waste collection because a contract for these services does not meet City ofPaynesville,423 the definition of a"contract"that is subject to the Uniform Municipal N.W.2d 59(Minn.Ct.App. 1988). Contracting Law. Minn.Stat.§ 115A.94,subd. Organized collection accomplished by contract or as a municipal service 3.Minn.Stat.§115A.86. may include a requirement that all or any portion of the solid waste—except recyclable materials and materials that are processed at a resource-recovery facility at the capacity in operation at the time the requirement is imposed— be delivered to a waste facility identified by the city. In a district or county where a resource-recovery facility has been designated by ordinance, organized collection must conform to the ordinance's requirements. Minn.Stat.§ 115A.94,subd. Cities are prohibited from establishing or administering organized collection 3. in a way that impairs recycling. Further, cities must exempt recyclable materials from organized collection upon a showing by the person who generates the recyclables or a collector of recyclables that the materials are or will be separated from mixed municipal solid waste by the generator, separately collected, and delivered for reuse in their original form or for use in a manufacturing process. Minn.Stat.§ 115A.94,subds. It is not absolutely clear whether a city that decides to enter into an 1,3. Minn.Stat.§ 115A.03, subds.25a,31.Minn.stat.§ agreement for the collection of recyclable materials, including source- 116.06,subd.22. separated compostable materials, with one collector or an organization of collectors is required to comply with the procedural requirements in the organized collection statute. The answer likely depends on whether the definition of"solid waste"referenced in the organized collection statute should be interpreted to include recyclable materials. The MPCA has taken the position (while advising cities that they should consult their city attorneys)that recyclable materials, including source- separated compostable materials, are not subject to the organized collection statute because they are not a part of solid waste or mixed municipal solid waste once they have been separated out for separate collection and recycling. Waste Recovery Coop.of The Minnesota Court of Appeals, in a published opinion, considered a Minn.v.Cnty.of Hennepin, 475 N.w.2d 892(Minn.Ct. similar issue of whether telephone directories collected for recycling were App. 1991). subject to a county's designation ordinance requiring mixed municipal solid waste to be disposed of at a county-designated facility. The court of appeals concluded that the telephone directories did not meet the definition of mixed municipal solid waste or of solid waste because they were being collected for recycling in a"separate waste stream"and were not being"discarded" as solid waste. League of Minnesota Cities Information Memo: 9/19/2018 City Solid Waste Management Page 12 RELEVANT LINKS: If a city is considering entering into an agreement for the collection of recyclable materials with one collector or an organization of collectors, it should consult its city attorney to determine whether it must follow the procedural requirements in the organized collection statute. B. Organized collection is generally optional Minn.Stat.§ 115A.94,subd. The organized collection statute provides that the authority to organize the 6. collection of solid waste is optional and is in addition to authority governing solid waste collection granted by other law. The statute also provides that a city may exercise any authority granted by any other law, including a home rule charter,to govern collection of solid waste.A city would only be required to organize collection if the county in which it is located has by ordinance required cities within its jurisdiction to organize collection. Minn.Stat.§ 115A.03,subs. The Waste Management Act defines cities as "statutory and home rule 4.Minn.Stat.§115A.94. charter cities authorized to plan under sections 462.351 to 462.364." Therefore,both statutory and home rule charter cities may adopt organized collection using the procedures outlined in the organized collection statute. Jennissen v.City of The Minnesota Supreme Court has held that the Waste Management Act Bloomington, 913 N.W.2d 456(Minn.2018). does not preempt,under a field-occupation analysis, home rule charter cities from regulating the process for organizing the collection of solid waste. Instead,the Supreme Court concluded that the Act establishes the minimum procedural requirements that home rule charter cities must follow before adopting organized collection. C. Open collection versus organized collection: pros and cons 1. Open collection Analysis of Waste Collection There are several frequently cited advantages of open collection: Service Arrangements, Minnesota Pollution Control Agency,June 2009. • Residents have more choice and are free to select a solid waste collector based on their preference. • There is a direct relationship between the solid waste collector and its customers. • There are minimal administrative costs for cities. • Smaller solid waste collectors are better able to enter the market in an open collection system by servicing a portion of city residents. Analysis of Waste Collection In contrast,there are several frequently cited disadvantages of open Service Arrangements, Minnesota Pollution Control collection: Agency,June 2009. League of Minnesota Cities Information Memo: 9/19/2018 City Solid Waste Management Page 13 RELEVANT LINKS: • Open collection generally results in a more expensive monthly cost for residents. • Multiple collectors means more truck traffic and the resulting negative side effects, including the potential for added street maintenance costs, and increased vehicle noise and emissions, fuel consumption, and vehicle accidents. • There may be inconsistent charges for the same level of service in a city. • Cities have reduced ability to manage solid waste collection. 2. Organized collection There are several frequently cited advantages of organized collection: The Benefits of Organized • The price paid by households in an organized collection system is Collection,Minnesota Pollution Control Agency, generally lower per month for similar service levels than in an open Feb.2012.Analysis of Waste collection system due to increased efficiencies from serving every Collection Service Arrangements,Minnesota household or business in the community or on a particular route. Pollution Control Agency, June 2009. • Limiting the number of solid waste collectors allows cities to decrease the impacts of increased truck traffic, including the potential for added street maintenance costs, vehicle noise and emissions, fuel consumption, and vehicle accidents. • Cities have greater ability to manage solid waste collection and can establish service requirements. • Standardized service makes public education easier. • Cities' ability to seek requests for proposals on a regular basis helps lower costs. Analysis of Waste Collection In contrast,there are several frequently cited disadvantages of organized Service Arrangements, Minnesota Pollution Control collection: Agency,June 2009. • Households and businesses do not get to choose their collector. • Cities have greater administrative involvement and costs. • Small collectors have higher entry costs to get into the market and competitive opportunities are limited to contract openings. • The statutory requirements for switching from open collection to organized collection are time consuming and can be difficult politically. D. Procedural requirements for adopting organized collection Minn.Stat.§115A.94.2013 There are several procedural steps a city must take before it is authorized to Minn.Laws ch.45.See Appendix A,Organized adopt organized collection of solid waste. The Minnesota Legislature Collection Flowchart. adopted significant changes to the organized collection statute in 2013 that were designed to simplify the process for adopting organized collection. League of Minnesota Cities Information Memo: 9/19/2018 City Solid Waste Management Page 14 RELEVANT LINKS: Any city that has adopted organized collection as of May 1, 2013, is exempt from the new requirements. Minn.Stat.§115A.03,subd. The Waste Management Act defines cities as"statutory and home rule 4.Minn.Stat.§115A.94. charter cities authorized to plan under sections 462.351 to 462.364." Therefore,both statutory and home rule charter cities may adopt organized collection using the procedures outlined in the organized collection statute. Jennissen v.City of The Minnesota Supreme Court has held that the Waste Management Act Bloomington, 913 N.W.2d 456(Minn.2018). does not preempt, under a field-occupation analysis, home rule charter cities from regulating the process for organizing the collection of solid waste. Instead,the Supreme Court concluded that the Act establishes the minimum procedural requirements that home rule charter cities must follow before adopting organized collection. 1. Notice to public and to licensed collectors Minn.Stat.§I I5A.94,subd. A city with more than one licensed collector must first give notice to the 4d.Minn.Stat.§331A.03. public and to all licensed collectors that it is considering adopting organized collection. State law does not specify how notice should be provided. The League recommends providing both published notice and individual mailed notice to each licensed collector. 2. Exclusive negotiation period with licensed collectors Minn.Stat.§ 115A.94,subd. After the city provides notice of its intent to consider adopting organized 4d.2018 Minn.Laws ch. 177,§5. collection, it must provide a negotiation period that is exclusive between the city and all collectors licensed to operate in the city. Legislation that is effective on Jan. 1, 2019, clarifies that this exclusive negotiation period must be at least 60 days, but may be longer if the city chooses. 2018 Minn.Laws ch. 177,§ For any organized collection noticed on or after Jan. 1, 2019, before the 6. exclusive meetings and negotiation,participating licensed collectors and elected officials must meet and confer regarding waste collection issues, including but not limited to road deterioration,public safety,pricing mechanisms, and contractual considerations unique to organized collection. A city is not required to reach an agreement with the licensed collectors during this period. The purpose of the exclusive negotiation period is to allow the licensed collectors an opportunity to develop a proposal in which they, as members of an organization of collectors, will collect solid waste from designated sections of the city. League of Minnesota Cities Information Memo: 9/19/2018 City Solid Waste Management Page 15 RELEVANT LINKS: Minn.Stat.§ 115A.94,subd. The proposal must contain identified city priorities, including issues related 4d. to zone creation,traffic, safety, environmental performance, service provided, and price, and must reflect existing collectors maintaining their respective market share of business as determined by each hauler's average customer count during the six months before the beginning of the exclusive negotiation period. Minn.Stat.§115A.94,subd. If an existing collector opts to be excluded from the proposal, the city may 4d. allocate its customers proportionally based on market share to the participating collectors who choose to negotiate. Minn.Stat.§115A.94,subd. If an organized collection agreement is established as a result of the 4d. Minn.Stat.§ 115A.94,subd exclusive negotiation period, the initial agreement must be in effect for a 4c. period of three to seven years. For any organized collection noticed on or 2018 Minn.Laws ch. 177,§§ 2,5. after Jan. 1, 2019,the initial agreement must be in effect for seven years. LMCIT staff can assist in Upon execution of an agreement between the participating licensed reviewing city contracts, especially provisions related collectors and the city,the city shall establish organized collection through to insurance and liability. appropriate local controls. The city does not need to establish an organized For more information, contact Chris Smith,Risk collections options committee or a solid waste collection options committee Management Attorney,at (2018 legislation, effective Jan. 1, 2019, changes the name of this csmith@lmc.org or 651-281- 1269. committee) if it reaches an agreement with the licensed haulers during the exclusive negotiation period; however,the city must first provide public notice and a public hearing before officially deciding to implement organized collection. Organized collection may begin no sooner than six months after the effective date of the city's decision to implement organized collection. 3. Organized collection options committee or solid waste collection options committee Minn.Stat.§ 115A.94 subd If a city does not reach an agreement with its licensed collectors during the 4a.Minn.Stat.ch.13D. exclusive negotiation period, it can form by resolution an"organized collection options committee"to study various methods of organized 2018 Minn.Laws ch. 177,§ collection and to issue a report. For any organized collection noticed on or 2. after Jan. 1, 2019,the name of such a committee shall be the "solid waste collection options committee." The city council appoints the committee members. The committee is subject to the open meeting law and has several mandatory duties. Minn.Stat.§ 115A.94,subd. First,the committee shall determine which methods of solid waste collection 4b. to examine, which must include at least two methods of organized collection: (1) a system in which a single collector collects solid waste from all sections of the city; and (2) a system in which multiple collectors, either 2018 Minn.Laws,cn.177,§ singly or as members of an organization of collectors, collect solid waste 3. from different sections of the city. League of Minnesota Cities Information Memo: 9/19/2018 City Solid Waste Management Page 16 RELEVANT LINKS: For any organized collection noticed on or after Jan. 1, 2019,the committee must also examine a third method of solid waste collection: the existing system of collection. Minn.Stat.§115A.94,subd. Second, the committee shall establish a list of criteria on which the 4b. organized collection methods selected for examination will be evaluated, which may include: costs to residential subscribers, miles driven by collection vehicles on city streets and alleys, initial and operating costs of implementing the solid waste collection system,providing incentives for waste reduction, impacts on solid waste collectors, and other physical, economic, fiscal, social, environmental, and aesthetic impacts. For any 2018 Minn.Laws ch. 177,§ organized collection noticed on or after Jan. 1, 2019,the criteria may also 3. include the impacts on residential subscribers' ability to choose a provider of solid waste service based on the desired level of service, costs and any other factors,the impact of miles driven on city streets and alleys and the incremental impact of miles driven by collection vehicles. Minn.Stat.§ 115A.94,subd. Third,the committee shall collect information regarding the operation and 4b. efficacy of existing methods of organized collection in other cities and towns. Minn.Stat.§ 115A.94,subd. Fourth,the committee shall seek input from, at a minimum: 4b. • The city council • The city official responsible for solid waste issues • Persons currently licensed to operate solid waste collection and recycling services in the city • City residents who currently pay for residential solid waste collection services Minn.Stat.§115A.94,subd. Finally, the committee must issue a report on its research, findings, and any 4b. recommendations to the city council. 4. Public notice and public hearing Minn.Stat.§115A.94,subd. A city council shall consider the report and recommendations of the 4c. committee. A city must provide public notice and hold at least one public hearing before deciding to implement organized collection. 5. Implementation Minn.Stat.§ 115A.94,subd. A city can begin organized collection no sooner than six months after the 4c. Minn.Stat.§115A.94,subd. effective date of the city's decision to implement organized collection. A 3. city may organize collection as a municipal service where city employees collect solid waste from a defined geographic service area or areas. In the alternative, cities may organize collection by using one or more private solid waste collectors or an organization of collectors. League of Minnesota Cities Information Memo: 9/19/2018 City Solid Waste Management Page 17 RELEVANT LINKS: An agreement with private collectors may be made through an ordinance, franchise, license,negotiated or bidded contract, or by other means. 6. Anticompetitive conduct A city that organizes collection is authorized to engage in anticompetitive conduct to the extent necessary to plan and implement its chosen organized collection system, and is immune from liability under state laws relating to antitrust, restraint of trade, and unfair practices, and other regulation of trade or commerce. 7. Joint liability limited Minn.stat.§604.02. For any organized collection noticed on or after Jan. 1, 2019, any resulting 2018 Minn.Laws ch. 177,§ 7. organized collection agreement must not obligate a participating licensed collector for damages to third parties solely caused by another participating licensed collector, notwithstanding section 604.02 of the Minnesota Statutes. The organized collection agreement may include joint obligations for actions that are undertaken by all the participating collectors. V. Conclusion Cities have broad authority to regulate the collection and disposal of solid waste. Cities exercise this authority subject to state and county oversight. Cities should work closely with their city attorneys when exercising this authority by requiring licenses, imposing fees and assessments, entering into contracts, and adopting ordinances. Cities must comply with procedural requirements in the organized collection statute before they may adopt organized collection of solid waste. League of Minnesota Cities Information Memo: 9/19/2018 City Solid Waste Management Page 18 Appendix A: Organized Collection Flowchart City council provides notice of its intent to consider organized collection to the public and to all licensed solid waste collectors. I, City exclusively negotiates with its licensed collectors for at least 60 days to see if an agreement for organized collection can be reached.Before exclusive negotiations begin, elected officials and participating licensed collectors must meet and discuss waste collection issues, including but not limited to road deterioration, public safety,pricing mechanisms, and contractual considerations unique to organized collection. / \ Collectors reach an agreement and provide city Collectors do not City council decides council with a proposal for reach an not to implement organized collection. agreement. organized collection. 1 City council provides City council adopts a resolution to public notice and holds establish a committee to identify, a public hearing on the examine,evaluate,and seek input proposal. regarding various methods of organized / \ collection. The committee is subject to the open meeting law. 1 City council approves proposal The committee studies organized and decides to implement City council rejects collection and issues a report with its organized collection.Any collectors' proposal. findings and recommendations. initial agreement reached must be in effect for three to seven years.For organized collection noticed after Jan. 1,2019,any initial agreement must be in effect for seven ears. City council considers the report. / \ City m council implements P organized collection according to After city council provides public notice City council decides not the agreement. Organized and holds a public hearing,it decides to to implement organized collection may begin no sooner implement organized collection. collection. than six months after the Organized collection may begin no effective date of the city sooner than six months after the effective council's decision to implement date of the city council's decision to organized collection. implement organized collection. League of Minnesota Cities Information Memo: 9/19/2018 City Solid Waste Management Page 19 40.1 .0 �` 070 i� . t 10 , . .,K �+� }� i" r.2 * ,,,,i, ty 0; 4.i.``O"i i k r' vii 41t , ti . k 1 (leading the way to a better future) Dakota County Solid Waste Master Plan Implementation March 21, 2019 Waste Hauler/Facility Meeting Summary of Comments Received Weekly Residential Curbside Recycling Collection Discussion • County should focus on the quality of materials collected to "recycle right" (reduce contamination) as a first step prior to mandating weekly collection of residential recycling.About 8—10 percent of what comes into a MRF is contamination. • There is capacity in the region, especially if contamination can be reduced. • The benefit of weekly collection is convenience (don't have to remember which day to set out), but don't think it will significantly increase the amount of materials collected. Convenience has a cost. • Allow enough time to implement because it takes 10-12 months to receive a new truck, probably longer if many haulers are ordering them. • Will need to hire qualified drivers and recycling/trash truck drivers are hard to come by right now. • Smaller households may not need weekly collection because they may not generate enough volume of recyclables. • County should balance the benefits of collecting weekly with environmental impacts associated with more collection trucks on the road. • County subsidy could help offset additional costs (e.g.,trucks,fuel, labor)with increased recycling collection. • Some expressed doubt that residents need weekly recycling,just want it as a convenience. • Some expressed doubt that weekly recycling will significantly increase volume. • MRFs have to run at a slower than optimal speed to deal with the contamination. Commercial Recycling Discussion • A requirement should not apply all commercial entities;focus on the larger generators (not small operations) similar to the current state commercial recycling requirement. • Clarify if the requirement will be for three materials (similar to current state requirement)to be collected or if the requirement will include a larger list of basic materials, as some smaller businesses don't generate three different material types. • A commercial recycling requirement will result in more contamination (unwilling commercial entities, staff that doesn't care about recycling),especially from multi-family can have up to 50% contamination and has multi-lingual education challenges. • Clarify if there will be standards for recycling that the commercial sector will need to comply with. • Make sure the requirement is phased in, because industry will need to acquire trucks, drivers and containers and that takes time. Spread things out to reduce the amount of work to be done all at once. • Adequate process capacity is largely dependent on outside facilities (downstream processors accepting materials) and there are limited end markets at this time. • MRFs may not accept the same list of materials that haulers tell customers it is OK to recycle. • Incentives that are currently working, such as industry issued recycling credits based on the cleanliness of recyclable materials,should be supported/considered by the County to reduce contamination in the recycling bin. • Most commercial generators are already capturing most of the recycling. Adding more business will only collect a small amount. • Some expressed doubt that this will increase recycling rate. • City mandated enclosures often don't have room for additional containers. Commercial Organics • Need to work with commercial organizations to reduce illegal dumping(e.g., lock dumpsters)to reduce contaminants mixed in with organics. • Start with food manufacturers and grocery stores(typically have cleaner organics); restaurants typically more contamination. • Need at least several years for compost facility infrastructure to expand; as permitting process is a barrier and still unresolved related decisions at the state(e.g., contact water issues). • Requirements for large commercial generators may end up with more contaminants (staff at those businesses may not want to participate). Haulers generally can't see what is buried in commercial dumpsters so it makes screening of contaminants difficult. • Opt-in programs(residential comparison) are more successful and cleaner organics streams are collected (less contamination). • Opt-in for durable compostable bags has worked well. • Regionally, require organized cities who provide curbside residential collection to use the finished product to help build end markets for compost. • Support multiple forms of organics diversion, including Food Processing(i.e., Endres)and Food To Hogs • Offer incentives to businesses that participate in organics; help them set up successful organics programs such as employee training and start-up funding for infrastructure. • Concern that region will be short on carbon (yard waste, leaves,grass) if have to use more of it to make SSOM compost • Need to build market demand for finished compost(e.g., require it to be used in local government projects as soil amendment,generators use it). • There is capacity in the region to process organics from large quantity generators. • The current state permit requirements for source-separated organic material (SSOM)composting are too stringent and new industry players may not want to enter the market to add new capacity (too many hurdles and rules) • Unequal competition and marketability for finished compost produced from yard waste vs.SSOM; It is easier to produce yard waste compost because it can be produced at a lower cost due to less regulatory requirements and infrastructure costs for yard waste management;SSOM compost is substandard due to contaminants that cannot be removed (glass, etc.). • Need to build end markets for finished compost from SSOM,such as being able to utilize or market a low-grade compost product for site remediation (where it would not come into contact with people due to glass shards, other contaminants that did not get screened out), landfill daily cover and farm fields (as a soil amendment) • Commercial organics is more complicated than residential (homogenous),which makes education on acceptance more difficult. • Knowing what which compostable products are certified/are accepted at compost facilities can be difficult especially since there is no certified compostable labeling requirements in the state • Consider subsidies to the compost facility to bring down operational cost and incentivize organics recycling for the generator. • Hennepin County has an inspector at their Brooklyn Park transfer station—which is why commercial organics recycling works-someone is auditing/cleaning it up before it actually goes to compost facility • Facilities have concerns with collecting organics from sectors with infectious waste (e.g., hospitals, nursing homes/care centers,etc.). • Government will need to help educate businesses on what,where and how to do organics recycling • Labels on dumpster will help reduce contamination • Subsidies will be necessary to offset high costs of SSOM composting • There are logistics difficulties related to SSOM: route density is often poor,waste is heavy so trucks are only half full; drivers have to move heavy containers out of small places. • Route density is an issue to make collection cost-effective. Volume Based Pricing • Support by-the-bag(pay as you throw), but would be additional staff burden/cost for haulers (works better in organized communities for bag distribution at local stores). • Per weight pricing is not viable as it is difficult or impossible to certify a mobile scale. • Mandated pricing would take away haulers ability to compete on pricing—no different than organized collection • Residential customers will complain to their haulers. • Hauler cost is in the transportation (cost haulers pretty much the same to collect a 30 gal cart as it does a 60 gal cart). • Price difference per container would have to be very large to get customers to reduce size. • Customers would not generate less,they would stuff the smaller containers too full which would make it difficult to empty. Non-Traditional • Drop-offs must be attended or you risk ending up with junk/trash. • Expensive to transport. • Feeling that plastic bags collected at box-stores are simply getting burned (waste to energy) not being recycled. • Certain materials can be removed, but most construction and demolition cannot really be recycled (safety concerns, no market). • Perceived limited market for carpet and mattresses. • Large enough volume at the right time is an issue,takes a lot of space to store until you have a full load • Subsidies will be necessary. Other Comments • Minimal list of recyclables must be easy to adapt to market conditions. • Standardized recycling messaging must be able to incorporate differences amongst haulers. • Standards and regulations need to be regionalized (all metro counties should be managing wastes in similar fashion). If not, it creates confusion and rejection throughout the metro. • Perception that consumer mandates will not work for organics—organic collection programs must be opt-in "it's not for everybody". • Require SSOM Compost(not just yard waste) be used in municipal projects. • Consider alternative uses for low-grade SSO (daily cover,site remediation from gravel mines). • Provide county subsidy to cover SSOM facilities (millions to build roof over facility)or reduce contact water and impermeable standards (State Rules too stringent). • Too much is up in the air for other companies to enter the organics processing market. • Thanked the County for offering this forum to industry. CITY OF � t J 430 Third St, Farmington, MN 55024 FARM INT 65a_28o-6800 FarmingtonMN.gov TO: Mayor, Councilmembers and City Administrator FROM: Katy Gehler, Public Works Director SUBJECT: Water Board Vacancy DATE: June 10, 2019 INTRODUCTION The Water Board received a resignation from one of its three members effective May 15, 2019. The term of the resigned position will expire at the end of 2019. Staff would like to discuss options for filling this vacancy. DISCUSSION The city council could consider the following options to fill the current vacancy: 1. Review applications from the board recruitment that occurred 6 months ago. 2.Advertise and complete a full recruitment for the seat with direction on reviewing the position when it expires at the end of this year. 3. Consider other options. BUDGET IMPACT N/A ACTION REQUESTED Discuss the options and provide direction for filling the vacancy on the Water Board. CITY OF 430 Third St., Farmington, MN 55024 FARM I N CT N 0 653.2$0-6800 "1111111111 _, rr ,,, , -t, FarmiragtanMN.gov TO: Mayor, Councilmembers and City Administrator FROM: Katy Gehler, Public Works Director SUBJECT: Flagstaff Snow Fence Review DATE: June 10, 2019 INTRODUCTION Please see the attached memo and supporting documents. ATTACHMENTS: Type Description D Cover Memo Cover Memo D Backup Material Summary of Costs D Backup Material Snow Fence Installation Locations CITY OF FARMINGTON TO: City Council, City Administrator FROM: Katy Gehler, Public Works Director SUBJECT: Flagstaff Snow Fence Review DATE: May 13, 2019 INTRODUCTION The city has historically experienced drifting snow in the winter where open areas transition to developed and along Flagstaff Avenue. With the increase of traffic on Flagstaff,the city regularly receives comments on the condition with several of them comparing sections north in the developed portions of Lakeville to those in rural areas of Farmington. In 2016,two sections of snow fence were installed to test the effectiveness in reducing snow movement and potentially improving the condition of Flagstaff Avenue during the winter months.This work session item is intended to review the cost/benefit of the snow fence and review options moving forward. DISCUSSION The attached map shows the general locations where snow fence has been installed totaling a length of about 0.45 miles. Two rows of 4' snow fence were used with a separation distance of 150' between the fences and from the road to allow for snow storage. A summary of the initial and annual cost of installing this fence has been included. The fence has been installed in the fall after the crops are harvested and removed in the spring prior to crop planting. Field conditions and seasonal changes can provide impediments for installing or removing the fence and accommodating land owner operations. Installation of snow fence along Flagstaff Avenue has controlled some of the movement of snow, however,the road still experiences drifting. The level of drifting depends on the snow event conditions including wind, snow amount, snow water content and the available capacity in the snow fence. Staff has not seen an appreciable reduction in the amount of time needed to address drifting since the fence has been installed. Staff will review the efforts to complete snow control on Flagstaff during the trial period, review additional areas of concern, and facilitate a conversation on options for snow control going forward. ACTION REQUESTED The council is being asked for feedback on options for snow control on Flagstaff going forward. L Li u to r N v 3 oC CO t) tO.aitrI 1 U J in 0 N N p C ... d CD 0 0 on -E0« CD V V C N yl N N N U J C f6 Q N us N N 03 O 0 03 Rt U U+1 O Q O to N 7-Ii. N N U F- I-• 0 r to if} a Ill 0 O O K cl .. N g b W u 1R M I: UT to 1I y E >. 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CITY OF 430 Third St, Farmington, MN 55024 FARMINCTON 6,i_ o_68.0 FarmingtonMN.gov TO: Mayor, Councilmembers and City Administrator FROM: Teah Malecha, Finance Director SUBJECT: 2020 Budget Discussion DATE: June 10, 2019 INTRODUCTION The 2020 budget development process is underway at the staff leveL This is an opportunity for the city council to provide staff with direction. DISCUSSION City staff has started the development of the 2020/2021 budget. Before the presentation of the information at the next work session, staff would like the city council to discuss the budget and provide any high level guidance on the budget and tax levy for 2020. While it can be difficult to provide guidance without having a draft budget in front of you, it is also a good time to provide staff with direction so that the draft budget will reflect the priorities of the city council. BUDGET IMPACT NA ACTION REQUESTED Provide city staff with direction or priorities on the 2020 budget and tax levy.