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The Solid Waste Task Force recommends that St. Paul should develop a comprehensive solid <br />waste management system, including the following key features: organized collection of <br />mixed solid waste, mandatory collection of mixed waste, curbside recycling, yard waste <br />collection, and volume based pricing. <br />The so-called "Champlin amendment" to the Minnesota Waste Management Act (Minnesota <br />Statutes 115A.94) affords municipalities considerable flexibility in designing and <br />implementing organized collection systems. In addition to the Waste Management Act, the <br />city of Saint Paul has had its own antitrust exemption for many years. Laws 1975, Chapter <br />332 (not coded) specifically permits Saint Paul to organize collection without violating state <br />antitrust laws. <br />The adequacy of the Champlin amendment was questioned in 1988. A letter from the state <br />attorney general's office responding to hauler concerns resulted in abandonment of organized <br />collection plans in Maplewood. Attempts to organize collection by a Brooklyn Center and <br />Crystal joint powers board resulted in a lawsuit from a hauler. Minnetonka was later added <br />to the suit. <br />The basis for the lawsuit was a directive from Brooklyn Center and Crystal for haulers to <br />form a corporation, which then would allocate routes and negotiate a contract with the cities. <br />The plaintiff hauler (BFI) believed that joining the corporation would mean engaging in <br />activity prohibited by antitrust laws (e.g. allocating routes). On the other hand, the hauler <br />believed that failure to join the corporation would mean loss of residential business in the two <br />cities. The hauler obtained a temporary restraining order, and a hearing was held in <br />Hennepin County District Court December 2,1988. A decision in the case is anticipated in <br />June,1989. <br />The "Champlin amendment" contains the following provisions: <br />1. Cities and counties are authorized to organize collection by a variety of methods, <br />including municipal service, franchise, negotiated or bidded contract, or other <br />means, using one or more collectors or an organization of collectors. <br />2. A city must follow specified procedures and requirements in organizing refuse <br />collection: <br />a. The municipality must announce its intent to organize collection at least 90 days <br />before proposing an organized collection system, via a resolution of intent. <br />b. The resolution of intent must be preceded by a public hearing which must be held <br />two weeks after public notice and mailed notice to all licensed haulers. <br />c. Upon request, the city must provide mailed notice of all subsequent organized <br />collection proceedings. <br />d. During the 90+ day period after adoption of the resolution of intent, the city must <br />develop or supervise development of possible organized collection plans or <br />