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RELEVANT LINKS: <br />Minn. Stat. § 115A.94, subd. <br />3. <br />Minn. Stat. § 471.345. Minn. <br />Stat. § 412.311. Schwandt <br />Sanitation of Paynesville v. <br />City ofPaynesville, 423 <br />N.W.2d 59 (Minn. Ct. App. <br />1988). <br />Minn. Stat. § 115A.94, subd. <br />3. Minn. Stat. § 115A.86. <br />Minn. Stat. § 115A.94, subd. <br />3. <br />Minn. Stat. § 115A.94, subds. <br />1, 3. Minn. Stat. § 115A.03, <br />subds. 25a, 31. Minn. Stat. § <br />116.06, subd. 22. <br />Waste Recovery Coop. of <br />Minn. v. Cnty. of Hennepin, <br />475 N.W.2d 892 (Minn. Ct. <br />App. 1991). <br />A city must comply with certain procedural requirements in the organized <br />collection statute before adopting organized collection of solid waste. There <br />may be additional procedural requirements for home rule charter cities. <br />A city may organize collection as a municipal service where city employees <br />collect solid waste from a defined geographic service area or areas. In the <br />alternative, cities may organize collection by using one or more private <br />collectors or an organization of collectors. The agreement with the private <br />collectors may be made through an ordinance, franchise, license, negotiated <br />or bidded contract, or by other means. <br />The competitive bidding requirements in state law do not apply to city <br />contracts for solid waste collection because a contract for these services does <br />not meet the definition of a "contract" that is subject to the Uniform <br />Municipal Contracting Law. <br />Organized collection accomplished by contract or as a municipal service <br />may include a requirement that all or any portion of the solid waste —except <br />recyclable materials and materials that are processed at a resource -recovery <br />facility at the capacity in operation at the time the requirement is imposed — <br />be delivered to a waste facility identified by the city. In a district or county <br />where a resource -recovery facility has been designated by ordinance, <br />organized collection must conform to the ordinance's requirements. <br />Cities are prohibited from establishing or administering organized collection <br />in a way that impairs recycling. Further, cities must exempt recyclable <br />materials from organized collection upon a showing by the person who <br />generates the recyclables or a collector of recyclables that the materials are <br />or will be separated from mixed municipal solid waste by the generator, <br />separately collected, and delivered for reuse in their original form or for use <br />in a manufacturing process. <br />It is not absolutely clear whether a city that decides to enter into an <br />agreement for the collection of recyclable materials, including source - <br />separated compostable materials, with one collector or an organization of <br />collectors is required to comply with the procedural requirements in the <br />organized collection statute. The answer likely depends on whether the <br />definition of "solid waste" referenced in the organized collection statute <br />should be interpreted to include recyclable materials. <br />The Minnesota Court of Appeals, in a published opinion, considered a <br />similar issue of whether telephone directories, which were collected for <br />recycling, were subject to a county's designation ordinance requiring mixed <br />municipal solid waste to be disposed of at a county -designated facility. The <br />court of appeals concluded that the telephone directories did not meet the <br />definition of mixed municipal solid waste or of solid waste because they <br />were being collected for recycling in a "separate waste stream" and were not <br />being "discarded" as solid waste. <br />League of Minnesota Cities Information Memo: 6/9/2022 <br />City Solid Waste Management Page 12 <br />