Agenda Packets - 2023/03/03 - Laserfiche WebLink

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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. Star. § 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, subd. The Waste Management Act defines cities as "statutory and home rule 4. Minn. Star. § 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). Clark v. does not preempt home rule charter cities from regulating the process for City of Saint Paul, 934 organizing the collection of solid waste. Instead, the Supreme Court N.W.2d 234 (Minn. 2019). Jennissen v. City of concluded that the Act establishes the minimum procedural requirements Bloomington, A17-0221 that cities must follow before adopting organized collection, and that home (Minn. 2020). rule charter cities may be subject to additional procedural requirements, including those adopted through a citizen petition for a referendum or for a proposed charter amendment. 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. League of Minnesota Cities Information Memo: 6/9/2022 City Solid Waste Management Page 13