Any political subdivision of the state may enact and enforce a solid waste management ordinance that is equal to or more stringent than this chapter and the rules adopted under this chapter.
23.1-08-06.1. Prohibition on political subdivision ordinance regulating auxiliary containers. 1. Notwithstanding any other provision of law, a political subdivision may not adopt or enforce an ordinance that: a. Regulates the use or disposition of an auxiliary container; b. Prohibits or restricts an auxiliary container; or c. Imposes a fee, charge, or tax on an auxiliary container. 2. This section may not be construed to prohibit or restrict: a. A curbside or commercial recycling program; b. A designated residential or commercial recycling location; c. A political subdivision from adopting or enforcing an ordinance prohibiting littering; or d. A political subdivision or a public or private facility from using or regulating an auxiliary container on property owned by the respective political subdivision or public or private facility.