Metropolitan mixed municipal solid waste hauler licensing ordinance

Department of Public Works / Environment and Energy Department

Adopted by the Hennepin County Board of Commissioners June 6, 1995

The Hennepin County Board of Commissioners does ordain:

Section I: Authority, purpose and title

1.01 Authority

This Ordinance is adopted pursuant to Minn. Stat. Sections 115A.93, 375.51, 400.08, and 473.811.

1.02 Purpose

The purpose of this Ordinance is to establish rules, regulations, and standards for the regional licensing of Mixed Municipal Solid Waste Haulers in the seven metropolitan counties.

1.03 Title

This Ordinance may be referred to as the Metropolitan Mixed Municipal Solid Waste Hauler Licensing Ordinance.

Section II: Definitions

2.01 "General"

Unless specifically defined herein, terms used in this Ordinance shall have common usage meaning. For purposes of this Ordinance, the words "must" and "shall" are mandatory and not permissive. Terms which are defined in the Waste Management Act, Minn. Stat. Section 115A.01, et seq., shall have the same definition in this Ordinance

2.02 "Base county"

Shall mean the metropolitan county in which a Hauler's office, records, and vehicles are primarily located. If differing parts of the Hauler's business are located in more than one metropolitan county, the Base County shall be the metropolitan county in which the majority of vehicles are kept as determined by the Department at the time of license application. The Base County for Haulers based in a county not participating in the Regional Hauler Licensing Program shall be an adjacent metropolitan county as determined by the Department

2.03 "Base license"

Shall mean the license obtained by the Hauler from the Base County as a precondition to obtaining an Operating License from the County or other counties

2.04 "Counties"

Shall mean one or more counties that are parties to the Regional Hauler Licensing Joint Powers Agreement.

2.05 "County"

Shall mean Hennepin County

2.06 "County board"

Shall mean the Hennepin County Board of Commissioners

2.07 "Department"

Shall mean the County agency assigned the responsibility to administer the Regional Hauler Licensing Program in the County, as set forth in Section 8.01

2.08 "Hauler"

Shall mean any person, firm, corporation, association, partnership, or other entity, other than an individual resident hauling his or her household waste, who collects or transports Mixed Municipal Solid Waste that is generated in the Counties.

2.09 "Operating County"

Shall mean any of the Counties in which the Hauler collects or transports Mixed Municipal Solid Waste.

2.10 "Operating License"

Shall mean the license required in order to operate within each Operating County including the Base County in which the Hauler collects or transports Mixed Municipal Solid Waste and which may contain specific conditions imposed by the issuing County.

2.11 "Ordinance 12 & 15"

Ordinance 12 shall mean Ordinance Number Twelve - Solid Waste Designation Ordinance for Hennepin County and "Ordinance 15" shall mean Ordinance Number 15 - Solid Waste Management Fee for Hennepin County.

2.12 "Regional Hauler Licensing Program"

Shall mean the cooperative Hauler licensing program established by joint powers agreement by and among the Counties.

2.13 "Regional Hauler Licensing Board"

Shall mean the joint powers board established by agreement of the Counties to coordinate the Regional Licensing Program.

Section III: Licensing

3.01 Licensing required

No Hauler shall collect Mixed Municipal Solid Waste generated in Hennepin County unless the Hauler has a valid Base License and a valid Hennepin County Operating License. On the expiration date of the current license, any activity for which the license is required shall cease.

3.02 License application for base and operating licenses

The Hauler shall submit a completed application to the Base County on forms provided by the Base County. The Hauler shall submit to the Base County all license application information necessary to obtain a Base License and all Operating Licenses. Information necessary to obtain Base and Operating Licenses shall be set forth on the application forms as determined by the Department. Applications which are not complete may be returned to the Hauler. An application will be deemed incomplete if information is omitted, incomplete, inaccurate, or non­compliant, or if required fees do not accompany the application.

3.03 Incomplete or non­conforming application

If an application for a Base or Operating License is not complete or otherwise does not conform to the requirements set forth in this Ordinance, the Department shall notify the applicant, in writing, of the reasons for non-­acceptance and may request that the applicant resubmit, modify, or otherwise alter the application. The notification required in this section shall be served upon the applicant by first class mail sent to the address provided on the application form.

3.04 License fees

The Hauler shall pay to the Base County all license fees for a Base License and all Operating Licenses issued pursuant to the Regional Licensing Program. Such license fees shall be established by the Regional Hauler Licensing Program Board. No license fee shall be prorated for a portion of a year and no license fee shall be refunded. A political subdivision, as defined in Minnesota Statute § 471.49, sub. 3, which hauls Mixed Municipal Solid Waste generated in its own facilities in vehicles which it owns and which are driven by its employees shall be exempt from this fee.

3.05 Late fees

Complete applications submitted after the due date specified in Section 3.07 shall be subject to the following additional fees: 1. One to seven days late twenty­-five percent (25%) of the license fee 2. Eight to thirty days late ­ fifty percent (50%) of the license fee 3. Thirty­-one or more days late one hundred percent (100%) of the license fee.

3.06 No bar to enforcement action

Payment of the license fee together with payment of any late fee shall not bar other enforcement action by the County.

3.07 Application due

Hauler license renewal applications must be submitted to the Base County by April 30 of the renewal year. A Hauler license renewal application received after April 30 shall be subject to a late fee.

3.08 Failure to act on license application

If the Base County does not act on a license renewal application, which is complete and submitted by June 30, the current Base License and Operating Licenses shall continue in force until the Base County takes action on the application. A reapplication for a license that has expired shall be deemed an initial application except that the application shall also be accompanied by the late fees imposed pursuant to Section 3.05. If the Department fails to act within 60 days of receipt of a properly completed initial application or a renewal application that is received after the due date, the applicant may request a hearing on the application. The request must be in writing. Upon receipt of a request for hearing, the Department shall set a time and place for the hearing. The hearing shall be conducted pursuant to the procedures set forth in Section 10.04 of this Ordinance.

3.09 Notice of denial

If the Department denies a license to an applicant, the applicant shall be notified of such denial in writing. The writing shall be served personally or by certified mail upon the applicant at the address provided in the application. The writing shall state the basis for the denial and shall provide notice to the applicant that if an appeal is desired, a written request for a hearing must be received by the Department within fifteen (15) calendar days following service of the denial, exclusive of the day of service. Upon receipt of a request for hearing, the Department shall set a time and place for the hearing. The hearing shall be conducted pursuant to the procedures set forth in Section 10.04 of this Ordinance.

3.10 License transfer

All Base Licenses and Operating Licenses are non­transferable.

3.11 License year and term

The license term shall be two years and shall begin July 1 of the first year through June 30 of the second year as established by the Regional Hauler Licensing Program Board.

3.12 License issuance

Base and Operating Licenses shall be issued by the Department consistent with this Ordinance.

Section IV: Base license

4.01 Base license

A Hauler which collects Mixed Municipal Solid Waste generated in the County shall obtain and maintain a Base License from the Base County. A Hauler which collects or transports Mixed Municipal Solid Waste generated in any of the Counties shall obtain and maintain a Base License from the County, if the County is the Hauler's Base County.

4.02 Vehicles licensed

All vehicles used by the Hauler for the collection or transportation of Mixed Municipal Solid Waste generated within the Counties shall be included in the Hauler's Base License application.

4.03 Decals

Each vehicle used by a Hauler for the collection or transportation of Mixed Municipal Solid Waste generated with the Counties shall be identified by a license decal issued for that vehicle for the current license year. The Hauler must affix the decal in a conspicuous place on the left side of the cab of the vehicle for which it was issued as directed by the Department. The Hauler must maintain the license decal so that it is readily visible and legible at all times. Any vehicle not bearing the required decal shall be considered unlicensed. If a vehicle is put into service during the license year, the Hauler shall submit the required information for this vehicle to the Base County and shall not use the vehicle to collect or transport Mixed Municipal Solid Waste within the Counties until a decal has been issued and affixed to the new vehicle.

4.04 Insurance

The Hauler shall obtain and submit certificates of insurance issued by insurers duly licensed by the State of Minnesota providing the following coverage or a self-­insurance plan certified by the Minnesota Commissioner of Commerce providing for equivalent coverages: A. general liability coverage in the amount of $500,000 for bodily injury per occurrence, $250,000 for property damage per occurrence, or $500,000 combined single limit; and B. automobile liability coverage in the amounts of $500,000 for property damage, $250,000 for bodily injury per person and $50,000 for bodily injury per accident, or $500,000 combined single limit. C. Workers Compensation insurance in accordance with Minn. Stat. Section 176. Nothing in this provision shall prohibit a Hauler from providing insurance with limits higher than the limits provided herein. All such required policies shall name the Regional Hauler Licensing Program Board, Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington Counties as additional insureds. All policies and certificates shall be endorsed to require that the insurer provide at least a sixty (60) day written notice to the County prior to the effective date of policy cancellation, non­renewal, or material adverse change in coverage terms. The Hauler shall maintain insurance in compliance with this paragraph throughout the term of the Base License.

Section V: Operating license

5.01 Operating license

Any Hauler which collects Mixed Municipal Solid Waste in the County must obtain and maintain an Operating License from the County. A Hauler shall obtain and maintain a Base License from the Base County in order to be eligible for an Operating License. Suspension or revocation of a Hauler's Base License by the Base County shall result in the summary suspension of the Hauler's Operating License issued by the County. Revocation or suspension of the Base License shall constitute sufficient basis for summary suspension of the County Operating License in accordance with the procedures set forth in Section 10.02 of this Ordinance.

5.02 Vehicles licensed/Vehicle decals

All vehicles used by the Hauler for the collection of Mixed Municipal Solid Waste within the County shall be included in the Hauler's Base License application to the Base County. The Hauler shall affix a decal as required by the Base County in a conspicuous place on the left side of the cab of the vehicle for which it was issued as directed by the Base County. The Hauler must maintain the license decal so that it is readily visible and legible at all times. Any vehicle not bearing the required decal shall be considered unlicensed.

5.03. Identification

The business name and telephone number of the Hauler shall be printed or painted in legible characters on both sides of all vehicles or containers used by the Hauler to store, collect, or transport Mixed Municipal Solid Waste in the County. Such characters shall be at least four inches in height for all vehicles and containers. This provision shall not apply to containers owned and maintained by a solid waste generator.

5.04. Standards

The issuance of an Operating License shall be subject to the provisions of County ordinances 12 and 15 and any other conditions set forth in this Ordinance or established by the County Board.

Section VI: Conditions of operating license

In addition to conditions expressed elsewhere in this Ordinance, in Ordinance 12 or in Ordinance 15, as a condition of maintaining a valid Hennepin County Operating License, a Hauler must comply with the conditions set forth in this Section.

6.01 Reports

The Department may request, on or before January 31 of each year and on such other dates as it deems necessary, that each Hauler with a County Base License submit a written report of its operations during the previous year covering matters relating to this Ordinance, and that each Hauler with a County Operating License submit a written report of its operations during the previous year covering matters relating to this Ordinance, Ordinance 12, and Ordinance 15 all as specified by the Department.

6.02 Compliance with other laws

The obtaining of a license herein shall not be deemed to exclude the necessity of obtaining other licenses or permits as required by applicable State or federal laws or regulations or the ordinances of any other County or City. Haulers shall at all times operate in compliance with all applicable rules or requirements.

6.03 Cleanup charges

If in the sole judgment of the County, a Hauler is primarily responsible for all or a portion of waste littering roadways, the County may charge such Hauler the entire cost of the cleanup, removal and disposal of such waste.

6.04 Dispute resolution

In the event a dispute arising regarding the assessing of fees or charges that cannot be resolved with the Department, a Hauler and the Department may agree to submit the issue to a mutually agreed upon dispute resolution process or, should agreement on the process not be achieved, the dispute shall be submitted to the Office of Administrative hearings for resolution.

6.05 Examination of records

The Department or its duly authorized agent shall have the right to examine records, including computer records, maintained by a Hauler. The term "record" shall include, but is not limited to, all accounts of a Hauler. The Department shall be allowed access at all reasonable times to inspect and copy at reasonable cost all business records related to a Hauler's collection, transportation or disposal of Mixed Municipal Solid Waste to the extent necessary to ensure compliance with this Ordinance, and for Hauler's having Operating Licenses, for compliance with this Ordinance, Ordinance 12, and Ordinance 15. Such records shall be maintained by the Hauler for no less than six (6) years.

6.06 Indemnification of county

Each Hauler shall take all reasonable precautions necessary to protect the public from injury and shall defend, indemnify and save the County harmless from any liability, claims, damages, costs, judgments, expenses and claims of damages that may arise by reason of any tort claim for bodily or personal injury, disease, death or damage to property resulting directly or indirectly from an act or omission of the Hauler, its agents, employees, or independent contractors, or anyone for whom any of them may be liable.

6.07 Transfer of ownership

No Operating License will be granted to any Hauler for any vehicle which has had a transfer of ownership unless and until all Solid Waste Management Fees imposed by Ordinance 15, and all Tipping Fees, Special Fees, and other charges due and owing to the County under previous ownership have been paid.

6.08 Business operation changes

Prior to the effective date of such changes, every Hauler shall notify the Department in writing of any change in its ownership, in the location of its office(s), or in the number of vehicles which it operates.

Section VII: Enforcement

7.01 Misdemeanor

Any Hauler who fails to comply with the provisions of this Ordinance is guilty of a misdemeanor. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.

7.02 Injunctive Relief

In the event of a violation or threat of violation of this Ordinance, the County may institute appropriate actions or proceedings, including action to compel performance or other appropriate action requesting injunctive relief to prevent, restrain, correct or abate any violation or threatened violation of this Ordinance.

7.03 Civil Action or Cost as Special Tax

If the Hauler fails to comply with the provisions of this Ordinance, the County may recover costs, including staff costs and reasonable attorneys' fees, incurred for corrective action in a civil action in any court of competent jurisdiction or, in the discretion of the County Board, the costs may be certified to the County Auditor as a special tax against any real property in Hennepin County owned by such Hauler.

7.04 License Suspension or Revocation

The Department may suspend or revoke any Hauler's Base License issued by the County for violation of any of the requirements set forth in Section 4 of this Ordinance or violation of any Base License conditions. The Department may suspend or revoke any Hauler's Operating License issued by the County for violation of any of the requirements in this Ordinance, of Ordinance 12, or of Ordinance 15.

7.05 Venue and Prosecution

The Hennepin County Attorney's Office shall be authorized to prosecute violations of any provision of this Ordinance. All prosecutions or civil actions brought to enforce this Ordinance shall be venued in Hennepin County District Court.

7.06 Citations

The Department, its duly authorized representative, or a licensed peace officer shall have the power to issue citations for violations of this Ordinance but this shall not permit the Department or its representatives physically to arrest or take into custody any violators.

7.07 Departmental Order

The Department may issue such orders as may be necessary for the enforcement of this Ordinance. Each order shall state the violation and the action and time schedule required for compliance.

Section VIII: General provisions

8.01 Administration

The Department assigned the responsibility for the administration of this Ordinance shall be the Hennepin County Environment and Energy Department.

8.02 Administrative procedures

Except to the extent superseded by this Ordinance, all provisions of Hennepin County Ordinance Number 1, County Licenses and Procedures, shall apply as though fully set forth herein.

8.03 Compliance

No Hauler shall collect Mixed Municipal Solid Waste in the County, except in full compliance with the provisions of this Ordinance, Hennepin County Ordinance 12 and Hennepin County Ordinance 15.

8.04 Conditions

Violations of any condition imposed by the County on a license or variance shall be deemed a violation of this Ordinance and subject to the enforcement provisions set forth in this Ordinance.

8.05 False information

Submission of false information shall be deemed a violation of this Ordinance and subject to the enforcement provisions set forth in this Ordinance.

8.06 Interpretation

In their interpretation, the provisions of this Ordinance shall be held to be minimum requirements and shall not be deemed a limitation or repeal of any other powers or authority granted by Minnesota Statutes or Rules or other ordinances.

8.07 Abrogation and greater restrictions

It is not intended by this Ordinance to repeal, abrogate, or impair any existing ordinance except as specifically stated herein. Where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall apply.

8.08 Operating manual

The Department shall establish administrative procedures for issuing an Operating License consistent with the terms of this Ordinance and shall publish them in the Operating Manual for Haulers authorized by Hennepin County Ordinance No. 12.

Section IX: Severability

9.01 Intent

It is hereby declared to be the intention of the County Board that the provisions of this Ordinance are separable in accordance with the following:

9.01.A. Validity of provisions

If any court of competent jurisdiction shall rule that any provision of this Ordinance is invalid, other provisions not specifically included in said judgment shall not be affected.

Section X: Administrative procedures

10.01 Suspension or revocation of license

The Department may suspend or revoke any Hauler's Base License issued by the County for violation of any of the requirements set forth in Section 4 of this Ordinance or for violation of any Base License conditions. The Department may suspend or revoke any Hauler's Operating License issued by the County for violation of any of the requirements of this Ordinance, of Ordinance 12, or of Ordinance 15. Any suspensions shall be for a period up to sixty (60) days or until the violation is corrected. Written notice of a suspension or revocation shall be served personally or by registered or certified mail upon the Hauler at least fifteen (15) calendar days prior to the effective date of the suspension or revocation. The written notice shall contain the effective date of the suspension or revocation; the facts which support the conclusion that a violation or violations have occurred; a statement that if the Hauler desires to appeal, a written request for a hearing must be received by the Department within fifteen (15) calendar days following service of the notice, exclusive of the day of service; and that the request for hearing must state the grounds for appeal. If a hearing is requested, the suspension or revocation shall be stayed pending outcome of the hearing. Upon receipt of a request for hearing, the Department shall set a date, time and place for the hearing. The hearing shall be conducted pursuant to the procedures in this Ordinance.

10.02 Summary suspension of license

If the Department finds that the public health, safety, or welfare requires emergency action, summary suspension of a license may be ordered. Written notice of a summary suspension shall be by personal service upon the Hauler or by posting notice of the summary suspension of the license at a Hennepin County's solid waste facility. The Department shall also take reasonable steps to notify the Hauler by telephone prior to the summary suspension. The written notice shall state the effective date of the summary suspension; the violation requiring emergency action; the facts which support the conclusion that a violation has occurred; a statement that if the Hauler desires to appeal, a written request for hearing must be received by the Department within ten (10) calendar days following service of the notice, exclusive of the day of service; and that the request must state the grounds for appeal. Upon receipt of a request for hearing, the Department shall set a date, time and place for the hearing. The hearing shall be conducted pursuant to the procedures in this Ordinance. The summary suspension shall not be stayed pending an appeal.

10.03 Reinspection by department

Upon written notification from the Hauler that all violations for which a suspension or summary suspension was invoked have been corrected, the Department may reinspect the vehicle or activity. If upon reinspection the Department determines that all violations have been corrected, the Department may, in its discretion dismiss, modify or stay the suspension or summary suspension. Written notice shall be provided to the Hauler.

10.04 Hearings

Hearings required pursuant to this Ordinance shall be conducted as follows:

A. Hearing officer

The hearing shall be before an impartial hearing officer who shall conduct the hearing on behalf of the County Board. The Department shall prescribe the duties of the hearing officer or contract with the Office of Administrative Hearings. The Department shall ascertain the availability and timeliness of scheduling the hearing through the Office of Administrative Hearings. If it is determined that a prompt hearing is not readily available through the Office of Administrative Hearings, the Department may appoint an individual learned in the law to act as the hearing officer.

B. Prehearing and hearing notice

The Department shall schedule and provide notice of the date, time and place of the prehearing conference and hearing. The prehearing conference shall be held at least three (3) weeks prior to the hearing. The hearing shall be held no later than forty-­five (45) calendar days after receipt of the request for hearing or by mutual agreement of the parties, subject to scheduling by the Office of Administrative Hearings.

C. Procedure

The prehearing conference and hearing shall be conducted in the following manner:

1. The prehearing conference shall define the issues, schedule the exchange of witness lists and documentary evidence, seek agreement on the authenticity of documents and relevant testimonial evidence, determine whether intended evidence is cumulative and repetitive, and consider all other matters that will assist in a fair and expeditious hearing.
2. Each party shall exchange all relevant information and documentary evidence at least one (1) week prior to the hearing date. Such information shall include all evidence intended for introduction at the hearing and includes but is not limited to the following: exhibits; statements; reports; witness lists, including a description of the facts and opinions to which each is expected to testify; photographs; slides; demonstrative evidence. Evidence not exchanged in accordance with this provision will not be considered in the hearing unless good cause is shown to the hearing officer.
3. The hearing shall be public and shall be tape recorded or, at the discretion of the hearing officer, shall be recorded by a court reporter.
   All witnesses shall testify under oath or affirmation.
4. Hearings shall be informal and the rules of evidence as applied in the courts shall not apply. Irrelevant, immaterial and repetitious evidence shall be excluded.
5. The Department shall have the burden of proof through clear and convincing evidence.
6. The Department, Hauler or license applicant, and additional parties as determined by the hearing officer, shall present evidence in that order. Each party shall have the opportunity to cross­-examine the witnesses of the other party. The hearing officer may examine witnesses.
   Failure of a Hauler or license applicant to appear at the hearing shall result in a waiver of the right to a hearing.
7. The hearing officer shall issue a report containing written findings of fact and conclusions based upon the evidence presented at the hearing and shall submit the same to the County Board.
8. The County Board shall consider the report of the hearing officer at the next possible board meeting and may adopt or modify the report and take action, reject the report of the hearing officer, or remand for further hearing. The parties shall be notified of the action of the County Board within thirty (30) calendar days following its determination.
9. Appeal of a decision by the County Board shall be made to the Hennepin County District Court within thirty (30) calendar days following the County Board's action. The District Court shall determine whether the record of the hearing contains evidence upon which the County Board could have reached its decision and whether the County Board abused its discretion in reaching its decision.

Section XI: Provisions cumulative

The provisions in this Ordinance are cumulative and are additional limitations upon all other laws and ordinances covering any subject matter in this Ordinance.

Section XII: Effective date and duration

12.01 Effective date

This Ordinance shall be effective immediately upon passage by the County Board of Commissioners and publication as required by law and shall apply to the license year commencing July 1, 1995.

12.02 Termination or cancellation of regional hauler licensing program

Upon withdrawal by the County from the Regional Hauler Licensing Program or the Program's termination, any Hauler licenses in effect at that time, shall continue in force until the end of the current license year unless otherwise suspended or revoked.

Passed by the Board of County Commissioners of Hennepin County this 6th day of June, 1995.