Agenda Packets - 2015/08/03 - Laserfiche WebLink

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Steps to Migrate to an Organized Collection Solid Waste System 1. Notice to public and to licensed collectors A city must first give notice to the public and to any licensed collectors that it is considering adopting organized collection. State law does not specify how notice should be provided. The League of MN Cities recommends providing both published notice and individual mailed notice to each licensed collector. 2. 60-day negotiation period with licensed collectors After the city provides notice of its intent to consider adopting organized collection, it must provide a 60- day negotiation period that is exclusive between the city and any collectors licensed to operate in the city. A city is not required to reach an agreement with the licensed collectors during this period. The purpose of the negotiation period is to allow the licensed collectors to develop a proposal in which they, as members of an organization of collectors, will collect solid waste from designated sections of the city. The proposal must contain identified city priorities, including issues related 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 60-day negotiation period. If an existing collector opts to be excluded from the proposal, the city may allocate its customers proportionally based on market share to the participating collectors who choose to negotiate. If an organized collection agreement is established as a result of the 60-day negotiation period, it must be in effect for a period of three to seven years. Upon execution of an agreement between the participating licensed collectors and the city, the city shall establish organized collection through appropriate local controls. The city does not need to establish an organized collections options committee if it reaches an agreement with the licensed haulers during the 60-day 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 If a city does not reach an agreement with its licensed collectors during the 60-day negotiation period, it can form by resolution an “organized collection options committee” to study various methods of organized collection and to issue a report. The city council appoints the committee members. The committee is subject to the open meeting law and has several mandatory duties. First, the committee shall determine which methods of organized collection to examine, which must include: a system in which a single collector collects solid waste from all sections of the city; and a system in which multiple collectors, either singly or as members of an organization of collectors, collect solid waste from different sections of the city. Second, the committee shall establish a list of criteria on which the 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 organized collection system, providing incentives for waste reduction, impacts on solid waste collectors, and other physical, economic, fiscal, social, environmental, and aesthetic impacts.