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