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RELEVANT LINKS: <br />Minn. Stat. § 115A.94, subds. <br />1, 3. See Section IV.D., <br />Procedural requirements for <br />adopting organized <br />collection, for more <br />information. <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 of Paynesville, 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 />A 2009 study authorized by the MPCA estimated that the number of cities <br />with open solid waste collection was between 65 to 80 percent, and the <br />number of cities with organized solid waste collection was between 20 to 35 <br />percent. The same study indicated that the number of cities with open <br />recycling was estimated to be between 40 to 60 percent, and the number of <br />cities with organized recycling was estimated to be between 50 to 60 <br />percent. <br />Open collection is generally defined as a collection system where individual <br />residents and businesses are free to contract with any collector licensed to do <br />business in the city. <br />Organized collection is defined as a "system for collecting solid waste in <br />which a specified collector, or a member of an organization of collectors, is <br />authorized to collect from a defined geographic service area or areas some or <br />all of the solid waste that is released by generators for collection." <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 />League of Minnesota Cities Information Memo: 5/6/2024 <br />City Solid Waste Management Page 12 <br />