Minnesota Legislature
Office of the Revisor of Statutes
2007 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
116.82 AUTHORITY OF LOCAL GOVERNMENT.
Subdivision 1. Preemption of regulation. A county, municipality, or other political
subdivision of the state may not adopt a definition of infectious or pathological waste that differs
from the definitions in section 116.76, or management requirements for infectious or pathological
waste that differ from the requirements of sections 116.78 and 116.79.
Subd. 2. Local solid waste authority. (a) Sections 116.76 to 116.81 do not affect local
implementation of collection, storage, or disposal of solid waste that does not contain infectious
waste.
(b) Sections 116.76 to 116.81 do not affect county authority under other law to regulate and
manage solid waste that does not contain infectious waste.
(c) A political subdivision, as defined in section 115A.03, subdivision 24, may not require a
refuse-derived fuel facility to accept infectious waste.
Subd. 3. Local enforcement. Sections 116.76 to 116.81 may be enforced by a county
by delegation of enforcement authority granted to the agency in section 116.83. Separate
enforcement actions may not be brought by a state agency and a county for the same violations.
The state or county may not bring an action that is being enforced by the federal Office of Safety
and Health Administration.
History: 1989 c 337 s 8; 1993 c 206 s 5; 1Sp1993 c 1 art 9 s 10; 1Sp1993 c 6 s 5
Subdivision 1. Preemption of regulation. A county, municipality, or other political
subdivision of the state may not adopt a definition of infectious or pathological waste that differs
from the definitions in section 116.76, or management requirements for infectious or pathological
waste that differ from the requirements of sections 116.78 and 116.79.
Subd. 2. Local solid waste authority. (a) Sections 116.76 to 116.81 do not affect local
implementation of collection, storage, or disposal of solid waste that does not contain infectious
waste.
(b) Sections 116.76 to 116.81 do not affect county authority under other law to regulate and
manage solid waste that does not contain infectious waste.
(c) A political subdivision, as defined in section 115A.03, subdivision 24, may not require a
refuse-derived fuel facility to accept infectious waste.
Subd. 3. Local enforcement. Sections 116.76 to 116.81 may be enforced by a county
by delegation of enforcement authority granted to the agency in section 116.83. Separate
enforcement actions may not be brought by a state agency and a county for the same violations.
The state or county may not bring an action that is being enforced by the federal Office of Safety
and Health Administration.
History: 1989 c 337 s 8; 1993 c 206 s 5; 1Sp1993 c 1 art 9 s 10; 1Sp1993 c 6 s 5
Official Publication of the State of Minnesota
Revisor of Statutes