12-07-2020 Council Packet - Laserfiche WebLink

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(a) A county may by ordinance require cities and towns within the county to organize collection. Organized collection ordinances of counties may: (1) require cities and towns to require the separation and separate collection of recyclable materials; (2) specify the material to be separated; and (3) require cities and towns to meet any performance standards for source separation that are contained in the county solid waste plan. (b) A county may itself organize collection under subdivisions 4a to 4f in any city or town that does not comply with a county organized collection ordinance adopted under this subdivision, and the county may implement, as part of its organized collection, the source separation program and performance standards required by its organized collection ordinance. Subd. 6.Organized collection not required or prevented. (a) The authority granted in this section to organize solid waste collection is optional and is in addition to authority to govern solid waste collection granted by other law. (b) Except as provided in subdivision 5, a city, town, or county is not: (1) required to organize collection; or (2) prevented from organizing collection of solid waste or recyclable material. (c) Except as provided in subdivision 5, a city, town, or county may exercise any authority granted by any other law, including a home rule charter, to govern collection of solid waste. § Subd. 7.Anticompetitive conduct. (a) A political subdivision that organizes collection under this section is authorized to engage in anticompetitive conduct to the extent necessary to plan and implement its chosen organ ized collection system and is immune from liability under state laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce. (b) An organization of solid waste collectors, an individual collector, and their officers, members, employees, and agents who cooperate with a political subdivision that organizes collection under this section are authorized to engage in anticompetitive conduct to the extent necessary to plan and implement the organized collection system, provided that the political subdivision actively supervises the participation of each entity. An organization, entity, or person covered by this paragraph is immune from liability under state law relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce.