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<br />~ <br /> <br />BOARD OF COUNTY COMMISSIONERS <br />Anoka County, Minnesota <br /> <br />DATE: September I, 1.7 <br />OFFERED BY COMMISSIONER: McCarron <br /> <br />RESOLUTION 1#97-142 <br /> <br />GIVING NOnCE OF EXPIRATION OF ORDINANCE NO. 86-2 <br />AND INTENT TO ENFORCE INTRASTATE DESIGNATION <br /> <br />WHEREAS, in March 1996, the United States District Court issued orders in the cases of <br />Poor Richards. Inc. v. Ramsev County. Minn.. 922 F.Supp. 1387 (D. Mim. 1996), and Ben <br />Oehrleins and Sons and Dauahter. Inc. v. HenneDin County. Minn.. 922 F.Supp. 1396 (D. Minn. <br />1996), which b.I1d designation ordinances in those cases to be unconstitutional; and, <br /> <br />WHEREAS, on May 28, 1 Qge, the Anoka County Board of Commissioners adopted <br />Or~ No. 96-2, -..pending the Intrastate designation requirement of the Anoka County Solid <br />Weate O~ 10 long as saki decisi0n8 of the United States District Court in Poor Richards. <br />Inc. v. Ramsev County. Minn. and Ben Oehrlelns and Sons and Dauahter. Inc. v. HenneDin <br />Countv. Minn. remained in full force and effect; and, <br /> <br />WHEREAS, on June 9, 1997, the United States Court of Appeals for the Eighth Circuit <br />reversed and remanded hi decision in Ben Oehrleins and Sons and Dauahter. Inc. v. HenneDin <br />County. Minn.. holding that intrastate designation as then enforced by Hennepin County does not <br />di8criminate against interstate commerce, and holding that Intrastate designation is contrary to the <br />Commerce ca.u.e only if It fails the balancing test articulated in Pike v. Bruce Church. Inc.. 397 <br />U.S. 137 (1870); and, <br /> <br />WHEREAS, Ordinwlce No. 96-2 provided that the amendment suspending the intrastate <br />designation requirement shall expire and the prior ordinance shall be revived if either of said <br />United Stat. District Court decisions are reversed or modified; and, <br /> <br />WHEREAS, Ordinance No. 96-2 provided that the County of Anoka shall not enforce <br />designation until ten days after it has provided notice of said expiration to haulers, municipalities <br />and landfill OJ*ators in the county; and, <br /> <br />WHEREAS, MiM. Stall 473.848 generally prohibits the landfilling of unprocessed mixed <br />municipal solid waste generated within the metropolitan area; and, <br /> <br />WHEREAS, it is the policy of the County of Anoka that all mixed municipal solid waste <br />generated be managed In accordance with the waste management hierarchy set forth in Minn. <br />Stal I 115A.02, subd. 2, and the metropolitan area goals relating to landfill abatement; and, <br /> <br />WHEREAS, it is further the policy of the County of Anoka that mixed municipal solid waste <br />generated within its bord.... be processed at a resource recovery facility, such as the Elk River <br />R8S0W'C8 Recovery FaciUty,. rather than be IandfiUed, in order to protect the environment and <br />conserve natural resources; and, <br /> <br />WHEREAS, the Anoka County Board of Commissioners wishes to give notice that the <br />arnendrnerD made by Ordinance No. 96-2 have expired and that effective October 1, 1997, the <br />county will enforce intrastate designation: <br /> <br />NOW, THEREFORE, BE IT RESOLVED that the County of Anoka hereby determines and <br />givea notice hit the amendments made by Ordinance 1# 96-2 have expired and that the intrastate <br />designation requirMlef1t contained In the prior Anoka County Solid Waste Ordinance has been <br />revived. <br /> <br />BE IT FURTHER RESOLVED that the intrastate designation requirement contained in <br />Section IX, Subsection 4 of Anoka County Solid Waste Ordinance be enforced effective October <br />1, 1997. <br /> <br />BE IT FURTHER RESOLVED that this resolution be provided to haulers, municipalities <br />and I~ operators in the COU1ty. <br />
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