Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 373--S.F.No. 1012
           An act relating to waste management; amending the 
          Waste Management Act of 1980; providing for the 
          evaluation of bedrock disposal of hazardous waste; 
          changing various definitions; adding definitions; 
          altering various provisions, procedures, and 
          requirements relating to the duties and authorities of 
          the waste management board, pollution control agency, 
          metropolitan agencies, counties, and waste management 
          districts; changing various dates and deadlines; 
          altering environmental review procedures for waste 
          facilities; providing criminal and civil penalties for 
          violations; requiring various reports from the 
          pollution control agency; authorizing issuance of 
          bonds by Washington and Ramsey counties for a solid 
          waste facility; providing additional solid waste 
          management authority to the city of Austin; amending 
          Minnesota Statutes 1982, sections 115.071, 
          subdivisions 2 and 3, and by adding subdivisions; 
          115A.03, subdivision 10, and by adding a subdivision; 
          115A.05, subdivisions 2 and 3; 115A.06, subdivision 4; 
          115A.08, subdivisions 4, 5, 5a, and 6; 115A.10; 
          115A.11, subdivisions 1 and 2; 115A.21; 115A.22, 
          subdivisions 1, 3, 4, 6, and 7; 115A.24, subdivision 
          1; 115A.25, subdivisions 1, 2, 3, and by adding 
          subdivisions; 115A.26; 115A.27, subdivision 2; 
          115A.28, subdivisions 1, 2, and 3; 115A.30; 115A.54, 
          subdivision 2; 115A.67; 115A.70, subdivision 3, and by 
          adding a subdivision; 116.06, subdivision 13, and by 
          adding a subdivision; 116.07, subdivision 4, and by 
          adding a subdivision; 473.149, subdivisions 2b, 2c, 
          2d, 2e, and 4; 473.153, subdivisions 2, 5, 6, 6b, and 
          by adding subdivisions; 473.803, subdivisions 1a and 
          1b; 473.811, subdivision 1a; 473.823, subdivision 6; 
          473.831; 473.833, subdivisions 2a, 3, 7, and by adding 
          a subdivision; amending Laws 1980, chapter 449, 
          section 3; proposing new law coded in chapters 115A 
          and 473; repealing Minnesota Statutes 1982, sections 
          115A.23; 115A.27, subdivision 1; 116.07, subdivision 
          4c; and 116.41, subdivisions 1 and 1a.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 115.071, 
subdivision 2, is amended to read: 
    Subd. 2.  [CRIMINAL PENALTIES.] (a) [VIOLATIONS OF LAWS; 
ORDERS; PERMITS.] (1) Except as provided in sections 2 and 3, 
any person who willfully or negligently violates any provision 
of chapters 115 or 116, or any standard, regulation, variance, 
order, stipulation agreement, schedule of compliance or permit 
issued or adopted by the agency thereunder, which violation is 
not included in clause (2), shall upon conviction be guilty of a 
misdemeanor. 
    (2) Any person who willfully or negligently violates any 
effluent standard and limitation or water quality standard 
adopted by the agency, any National Pollutant Discharge 
Elimination System permit or any term or condition thereof, any 
duty to permit or carry out any recording, reporting, 
monitoring, sampling, information entry, access, copying, or 
other inspection or investigation requirement as provided under 
applicable provisions of this chapter and, with respect to the 
pollution of waters of the state, chapter 116, or any National 
Pollutant Discharge Elimination System filing requirement, shall 
upon conviction be punished by a fine of not less than $2,500 in 
the event of a willful violation or not less than $300 in the 
event of a negligent violation.  In any case the penalty shall 
not be more than $25,000 per day of violation or by imprisonment 
for not more than one year, or both.  If the conviction is for 
conduct committed after a first conviction of such person under 
this subdivision, punishment shall be by fine of not more than 
$50,000 per day of violation, or by imprisonment for not more 
than two years, or both. 
    (b) [INFORMATION AND MONITORING.] Any person who knowingly 
makes any false statement, representation, or certification in 
any application, record, report, plan, or other document filed 
or required to be maintained under this chapter and, with 
respect to the pollution of the waters of the state, chapter 
116, or standards, regulations, orders, stipulation agreements, 
schedule of compliance or permits pursuant hereto, or who 
falsifies, tampers with, or knowingly renders inaccurate any 
monitoring device or method required to be maintained under this 
chapter and, with respect to the pollution of waters of the 
state, chapter 116, or standards, regulations, variances, 
orders, stipulation agreements, schedules of compliance, or 
permits pursuant thereto, shall upon conviction, be punished by 
a fine of not more than $10,000 per day of violation, or by 
imprisonment for not more than six months, or both. 
    (c) [DUTY OF LAW ENFORCEMENT OFFICIALS.] It shall be the 
duty of all county attorneys, sheriffs and other peace officers, 
and other officers having authority in the enforcement of the 
general criminal laws to take all action to the extent of their 
authority, respectively, that may be necessary or proper for the 
enforcement of said provisions, regulations, standards, orders, 
stipulation agreements, variances, schedule of compliance, or 
permits. 
    Sec. 2.  Minnesota Statutes 1982, section 115.071, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [HAZARDOUS WASTE; CRIMINAL PENALTIES.] A person 
shall be punished by a fine of not more than $25,000 per day of 
violation or by imprisonment of not more than one year, or both, 
upon conviction of any of the following offenses:  
    (a) willfully or negligently violating any provision 
relating to hazardous waste of chapter 115 or 116, or any 
standard, rule, variance, order, stipulation agreement, schedule 
of compliance, permit, or term or condition of a permit issued 
or adopted by the agency under such a provision;  
    (b) willfully or negligently violating any duty to permit 
or carry out any recording, reporting, monitoring, sampling, 
information entry, access, copying or other inspection or 
investigation requirement as provided under any provision 
relating to hazardous waste of chapter 115 or 116, or any 
standard, rule, variance, order, stipulation agreement, schedule 
of compliance or permit issued or adopted by the agency under 
such a provision; or 
    (c) knowingly making any false material statement, 
representation or certification in any application, label, 
manifest, record, report, plan, permit or other document, or 
knowingly destroying, altering, or concealing any document, 
filed or required to be maintained with respect to hazardous 
waste under any provision of chapter 115 or 116, or under any 
standard, rule, order, stipulation agreement, schedule of 
compliance or permit issued or adopted by the agency under such 
a provision.  
    If the conviction is for conduct committed after a first 
conviction of the person under this subdivision, punishment 
shall be by a fine of not more than $50,000 per day of violation 
or by imprisonment of not more than two years, or both.  
    Sec. 3.  Minnesota Statutes 1982, section 115.071, is 
amended by adding a subdivision to read: 
    Subd. 2b.  [HAZARDOUS WASTE; UNLAWFUL DISPOSAL; CRIMINAL 
PENALTIES.] Any person who knowingly, or with reason to know, 
disposes of hazardous waste in a manner contrary to any 
provision of chapter 115 or 116, or any standard or rule adopted 
in accordance with those chapters relating to disposal, is 
guilty of a felony.  Punishment shall be by a fine of not more 
than $25,000 per day of violation or by imprisonment for not 
more than five years, or both.  
    For the purposes of this subdivision, the terms defined in 
this clause have the meanings given them.  
    (a) "Disposal" has the meaning given it in section 115A.03, 
subdivision 9.  
    (b) "Hazardous waste" has the meaning given it in section 
116.06, subdivision 13.  
    Sec. 4.  Minnesota Statutes 1982, section 115.071, 
subdivision 3, is amended to read: 
    Subd. 3.  [CIVIL PENALTIES.] Any person who violates any 
provision of chapters 115 or 116, except any provisions of 
chapter 116 relating to air and land pollution caused by 
agricultural operations which do not involve National Pollutant 
Discharge Elimination System permits, or of (1) any effluent 
standards and limitations or water quality standards, (2) any 
National Pollutant Discharge Elimination System permit or term 
or condition thereof, (3) any National Pollutant Discharge 
Elimination System filing requirements, (4) any duty to permit 
or carry out inspection, entry or monitoring activities, or (5) 
any rules, regulations, stipulation agreements, variances, 
schedules of compliance, or orders issued by the agency, shall 
forfeit and pay to the state a penalty, in an amount to be 
determined by the court, of not more than $10,000 per day of 
violation except that if the violation relates to hazardous 
waste the person shall forfeit and pay to the state a penalty, 
in an amount to be determined by the court, of not more than 
$25,000 per day of violation. 
    In addition, in the discretion of the court, the defendant 
may be required to: 
    (a) forfeit and pay to the state a sum which will 
adequately compensate the state for the reasonable value of 
cleanup and other expenses directly resulting from unauthorized 
discharge of pollutants, whether or not accidental; 
    (b) forfeit and pay to the state an additional sum to 
constitute just compensation for any loss or destruction to 
wildlife, fish or other aquatic life and for other actual 
damages to the state caused by an unauthorized discharge of 
pollutants. 
    As a defense to any of said damages, the defendant may 
prove that the violation was caused solely by (1) an act of God, 
(2) an act of war, (3) negligence on the part of the state of 
Minnesota, or (4) an act or failure to act which constitutes 
sabotage or vandalism, or any combination of the foregoing 
clauses. 
    The civil penalties and damages provided for in this 
subdivision may be recovered by a civil action brought by the 
attorney general in the name of the state. 
    Sec. 5.  Minnesota Statutes 1982, section 115A.03, 
subdivision 10, is amended to read: 
    Subd. 10.  "Disposal facility" means a waste facility 
permitted by the agency that is designed or operated for the 
purpose of disposing of waste on or in the land, together with 
any appurtenant facilities needed to process waste for disposal 
or transfer to another waste facility.  
    Sec. 6.  Minnesota Statutes 1982, section 115A.03, is 
amended by adding a subdivision to read: 
    Subd. 28a.  "Retrievable storage" means a method of 
disposal whereby wastes are placed in a facility established 
pursuant to sections 115A.18 to 115A.30 for an indeterminate 
period in a manner designed to allow the removal of the waste at 
a later time.  
    Sec. 7.  Minnesota Statutes 1982, section 115A.05, 
subdivision 2, is amended to read: 
    Subd. 2.  [PERMANENT MEMBERS.] Eight of the permanent 
members of the board shall be appointed by the governor, with 
the advice and consent of the senate, to represent diverse areas 
and interests within the state.  One member shall be appointed 
from each congressional district in accordance with boundaries 
existing on January 1, 1980.  The term of office and 
compensation of the eight members thus appointed, and the manner 
of removal and filling of vacancies, shall be as provided in 
section 15.0575, except that the initial term of all members 
shall be four years extend until 90 days after the board makes 
the decisions required by section 115A.28 and the rate of 
compensation shall be $50 per day spent on board activities.  
The ninth permanent member of the board shall be the chairperson 
who shall be appointed by the governor with the advice and 
consent of the senate.  The chairperson shall serve at the 
pleasure of the governor for a term coterminous with that of the 
governor, except that the initial term of the chairperson shall 
be four years extend until 90 days after the board makes the 
decisions required by section 115A.28.  The chairperson shall be 
the executive and operating officer of the board and shall 
determine the time and place of meetings, preside at meetings, 
appoint all board officers and hire and supervise all employees 
subject to the approval of the board, carry out the policy 
decisions of the board, and perform all other duties and 
functions assigned to him by the board or by law.  No permanent 
member of the board shall hold other elected or appointed public 
office.  
    Sec. 8.  Minnesota Statutes 1982, section 115A.05, 
subdivision 3, is amended to read: 
    Subd. 3.  [TEMPORARY MEMBERS.] For the purposes of each 
project review conducted by the board under sections 115A.18 to 
115A.30 and 115A.32 to 115A.39 and for the purpose of preparing 
and adopting the hazardous waste management plan under section 
115A.11 and making decisions on the elements of the 
certification of need for disposal required under sections 
115A.18 to 115A.30, six Local representatives shall be added to 
the board as temporary voting members, as provided in sections 
17; 115A.22, subdivision 4,; and 115A.34.  The provisions of 
section 15.0575, subdivisions 3 and 4 relating to compensation, 
removal, and vacancy shall apply to temporary members except 
that the rate of compensation shall be $50 per day spent on 
board activities and that appointments by the governor to fill 
vacancies shall take effect in the same manner as the original 
appointment. 
    Sec. 9.  Minnesota Statutes 1982, section 115A.06, 
subdivision 4, is amended to read: 
    Subd. 4.  [ACQUISITION OF SITES FOR HAZARDOUS WASTE 
FACILITIES.] The board may direct the commissioner of 
administration to acquire by purchase, lease, condemnation, 
gift, or grant, any permanent or temporary right, title, and 
interest in and to real property, including positive and 
negative easements and water, air, and development rights, for 
sites and buffer areas surrounding sites for hazardous waste 
facilities approved by the board pursuant to sections 115A.18 to 
115A.30 and 115A.32 to 115A.39.  The board may also direct the 
commissioner of administration to acquire by purchase, lease, 
gift, or grant, development rights for sites and buffer areas 
surrounding sites for all or part of the period that the 
development moratorium limitations imposed by section 115A.21, 
subdivision 3, is are in effect.  Money for the acquisition of 
any real property and interest in real property pursuant to this 
subdivision shall come from the issuance of state waste 
management bonds in accordance with sections 115A.57 to 
115A.59.  The property shall be leased in accordance with terms 
determined by the board to the owner and operator of the 
hazardous waste facility located thereon at a rate sufficient to 
pay debt service on the bonds which provided funds used to 
acquire the property and to evaluate the eligibility of the 
property for inclusion in the inventory under section 115A.09 or 
candidacy under sections 115A.18 to 115A.30.  Any local 
government unit and the commissioners of transportation, natural 
resources, and administration may convey or allow the use of any 
property for such sites and areas, subject to the rights of the 
holders of any bonds issued with respect thereto, with or 
without compensation and without an election or approval by any 
other government agency.  Land owned by the state may be 
exchanged for land not owned by the state for the purpose of 
providing a site and buffer area for a commercial hazardous 
waste facility, in accordance with the provisions of section 
94.341 to 94.347 and other law.  The commissioner of 
administration may hold the property for the purposes for which 
it was acquired, and may lease, rent, or dispose of the property 
so far as not needed for such purposes, upon the terms and in 
the manner the commissioner deems advisable.  The right to 
acquire lands and property rights by condemnation shall be 
exercised in accordance with chapter 117.  The commissioner of 
administration may take possession of any property for which 
condemnation proceedings have been commenced at any time after 
the issuance of a court order appointing commissioners for its 
condemnation.  Where the property is acquired through eminent 
domain proceedings, the land owner's compensation shall be the 
fair market value of the property.  Where the property is 
acquired by means other than through eminent domain proceedings, 
as by direct purchase or gift, the land owner's compensation 
shall be determined by the agreement of the parties involved.  
An award of compensation in a condemnation proceeding shall not 
be increased or decreased by reason of any increase or decrease 
in the value of the property caused by its designation in the 
inventory of preferred areas under section 115A.09 or as a 
candidate site under sections 115A.18 to 115A.30 or its 
selection as a site or buffer area. 
    Sec. 10.  Minnesota Statutes 1982, section 115A.08, 
subdivision 4, is amended to read: 
    Subd. 4.  [REPORT ON HAZARDOUS WASTE MANAGEMENT; DRAFT 
MANAGEMENT PLAN AND CERTIFICATION OF NEED.] By August 15, 1982 
November 1, 1983, the board through its chairperson shall issue 
a report to the legislative commission on hazardous waste 
management.  The report shall include at least: 
    (a) an evaluation of alternative disposal facilities, 
disposal facility technologies, and disposal facility design and 
operating specifications and an explanation of the preliminary 
design and operating specifications for disposal facilities 
selected for consideration under section 115A.23; 
    (b) an evaluation of prospects, strategies, and methods for 
developing commercial hazardous waste disposal facilities of 
various types, sizes, and functions; 
    (c) an evaluation of all feasible and prudent alternatives 
to disposal, including waste reduction, separation, 
pretreatment, processing, and resource recovery, and the 
potential of the alternatives to reduce the need for and 
practice of disposal; 
    (d) an evaluation of feasible and prudent disposal 
abatement objectives, along with a description of hazardous 
waste management methods and technologies, private and 
government actions, facilities and services, development 
schedules, revenue-raising measures, and levels of public and 
private expenditure and effort necessary to the achievement of 
those objectives;  
    (e) an evaluation of implementation strategies, including 
at least:  
    (1) waste reduction, on-site processing, and off-site 
management by generators;  
    (2) changes and improvements in regulation, licensing, 
permitting, and enforcement;  
    (3) government tax and financing programs to encourage 
proper waste management;  
    (4) institutional alternatives, such as generator 
associations, cooperatives, franchises, public ownership, and 
flow control districts;  
    (5) promotion of private investment;  
    (6) interstate cooperation;  
    (f) an evaluation of the possibilities for negotiating 
long-term contracts with other states or with facilities in 
other states for disposal or processing of hazardous waste from 
Minnesota.  
    The report shall analyze the environmental, social, and 
economic effects of the alternatives and methods by which 
unavoidable adverse effects could be mitigated. 
    The report shall include a draft hazardous waste management 
plan, based on the analysis in the report and proposed for 
adoption pursuant to section 115A.11, and a draft certificate or 
certificates of need proposed for issuance under section 115A.24.
    Sec. 11.  Minnesota Statutes 1982, section 115A.08, 
subdivision 5, is amended to read: 
    Subd. 5.  [REPORT ON MITIGATION OF LOCAL EFFECTS OF 
HAZARDOUS WASTE FACILITIES.] By August 15, 1982 With the report 
required by subdivision 4, the board through its chairperson 
shall issue a report and make recommendations to the legislative 
commission on methods of mitigating and compensating for the 
local risks, costs, and other adverse effects of various types 
of hazardous waste facilities and on methods of financing 
mitigation and compensation measures.  The methods of mitigating 
and compensating to be considered shall include but not be 
limited to the following:  payment outside of levy limitations 
in lieu of taxes for all property taken off the tax rolls; 
preference in reviews of applications for federal funds 
conducted by the metropolitan council and regional development 
commissions; payment of all costs to service the facilities 
including the cost of roads, monitoring, inspection, 
enforcement, police and fire, and litter clean up costs; payment 
for buffer zone amenities and improvement; local control over 
buffer zone design; a guarantee against any and all liability 
that may occur. 
    Sec. 12.  Minnesota Statutes 1982, section 115A.08, 
subdivision 5a, is amended to read: 
    Subd. 5a.  [REPORT ON ASSURANCE OF SECURITY OF HAZARDOUS 
WASTE FACILITIES.] With the report required by subdivision 5, 
the board through its chairperson shall issue a report and make 
recommendations to the legislative commission on methods of 
assuring the security of commercial hazardous waste facilities. 
The report and recommendations shall be based on the need to 
assure:  effective monitoring and enforcement during operation; 
effective containment, control, and corrective action in any 
emergency situation; financial responsibility of the owner and 
operator throughout the operating life of the facility, using 
performance bonds, insurance, escrow accounts, or other means; 
proper closure; financial responsibility after closure; and 
perpetual post-closure monitoring and maintenance.  The report 
shall include recommendations on the source of funds, including 
operator contributions, fee surcharges, taxes, and other 
sources; the amount of funds; effective protection and guarantee 
of funds; administration; regulatory and permit requirements; 
the role of local authorities; and other similar matters. 
    Sec. 13.  Minnesota Statutes 1982, section 115A.08, 
subdivision 6, is amended to read: 
    Subd. 6.  [PREPARATION OF HAZARDOUS WASTE REPORTS; 
PROCEDURES; PUBLIC INVOLVEMENT.] By January 1, 1981, the board 
through its chairperson shall submit a proposed scope of work 
and work program for the hazardous waste reports required by 
subdivisions 4 and 5 to the legislative commission for review.  
During the preparation of the proposed scope of work and work 
plan and the reports, the board and the chairperson on behalf of 
the board shall encourage public debate and discussion of the 
issues relating to the reports.  The board and the chairperson 
on behalf Representatives of the board, including at least one 
permanent member, shall meet with local officials and sponsor at 
least one public meeting in areas of the state affected by the 
inventory of preferred processing facility areas prepared 
pursuant to section 115A.09.  The board and the chairperson on 
behalf of the board shall follow the procedures set out in 
section 115A.22, for consulting with citizens in areas affected 
by the selection of candidate sites for disposal facilities.  To 
assist it in preparing the reports, the plan, and the 
certification of need required by subdivisions 4 and 5 to 5a and 
sections 115A.11 and 115A.24, the board through its chairperson 
shall make grants to each local project review committee 
established for a candidate site for disposal identified under 
sections 115A.18 to 115A.30.  The grants may be used by the 
committee to employ staff, pay administrative expenses, or 
contract with affected units of government or qualified 
consultants.  The board and the chairperson on behalf of the 
board shall request recommendations from the private waste 
management industry, the board's advisory councils, affected 
regional development commissions, and the metropolitan council 
and shall consult with them on the board's intended disposition 
of the recommendations.  The reports of the board shall 
summarize the comments received and the board's response to the 
comments.  Copies of the reports must be submitted to the 
legislative commission on waste management.  
    Sec. 14.  Minnesota Statutes 1982, section 115A.10, is 
amended to read: 
    115A.10 [DUTIES OF THE BOARD; HAZARDOUS WASTE FACILITIES; 
ENCOURAGEMENT OF PRIVATE ENTERPRISE.] 
    The board and the chairperson on behalf of the board shall 
encourage the development and operation of hazardous waste 
facilities by private enterprise to the extent practicable and 
consistent with the purposes of sections 115A.01 to 115A.72 and 
the board's hazardous waste management plan adopted pursuant to 
section 115A.11.  In preparing the reports under section 115A.08 
and the inventory of processing facility sites under section 
115A.09, in adopting the management plan, and in its actions and 
decisions under sections 115A.18 to 115A.30 and 115A.32 to 
115A.39, the board and the chairperson on behalf of the board 
shall solicit the active participation of private waste 
management firms and shall so conduct its activities as to 
encourage private permit applications for facilities needed in 
the state.  The board shall promulgate rules for accepting, and 
evaluating, and selecting applications for permits for the 
construction and operation of facilities at sites preferred or 
selected by the board pursuant to section 115A.09 or sections 
115A.18 to 115A.30.  The rules shall include standards and 
procedures for making determinations on the minimum 
qualifications, including technical competence and financial 
capability, of permit applicants.  The rules shall include 
standards and procedures for soliciting and accepting bids or 
permit applications and for selecting developers and operators 
of hazardous waste disposal facilities at sites chosen by the 
board pursuant to sections 115A.18 to 115A.30, which shall 
include a preference for qualified permit applicants who control 
a site chosen by the board.  
    Sec. 15.  Minnesota Statutes 1982, section 115A.11, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CONTENTS.] By December 15, 1982, The board 
shall adopt a hazardous waste management plan.  In developing 
and implementing the plan, the highest priority of the board 
shall be placed upon alternatives to land disposal of hazardous 
wastes including:  technologies to modify industrial processes 
or introduce new processes which will reduce or eliminate 
hazardous waste generation; recycling, re-use, and recovery 
methods to reduce or eliminate hazardous waste disposal; and 
conversion and treatment technologies to reduce the degree of 
environmental risk from hazardous waste.  The board shall also 
consider technologies for retrievable storage of hazardous 
wastes for later recycling, re-use, recovery, conversion, or 
treatment.  
    The plan shall include at least the following elements: 
    (a) an estimate of the types and volumes of hazardous waste 
which will be generated in the state through the year 2000; 
    (b) specific and quantifiable objectives for reducing to 
the greatest feasible and prudent extent the need for and 
practice of disposal, through waste reduction, pretreatment, 
retrievable storage, processing, and resource recovery; 
    (c) a description of the minimum disposal capacity and 
capability needed to be developed within the state for use 
through the year 2000, based on the achievement of the 
objectives under clause (b);  
    (d) a description of implementation strategies required to 
develop the needed disposal capacity under clause (c) and to 
achieve the objectives under clause (b), including:  the 
necessary private and government actions; development schedules 
for facilities, services, and regulations; revenue-raising and 
financing measures; levels of public and private effort and 
expenditure; legal and institutional changes; and other similar 
matters.  
    The plan shall provide for the orderly development of 
hazardous waste management sites and facilities to protect the 
health and safety of rural and urban communities.  In preparing 
the plan the board shall consider its impact upon agriculture 
and natural resources.  
    The plan shall require the establishment in the state of at 
least one commercial retrievable storage or disposal facility 
and shall recommend and encourage methods and procedures that 
will insure the establishment of at least one facility for the 
recycling, re-use, recovery, conversion, treatment, destruction, 
transfer, or storage of hazardous waste.  The board may make the 
implementation of elements of the plan contingent on actions of 
the legislature which have been recommended in the draft plan 
and certification of need and considered in the reports 
submitted pursuant to section 115A.08. 
    Sec. 16.  Minnesota Statutes 1982, section 115A.11, 
subdivision 2, is amended to read: 
    Subd. 2.  [PROCEDURE.] The plan shall be based upon the 
reports prepared pursuant to section 115A.08.  The plan, the 
certificate of need issued under section 115A.24, and the 
procedures for hearings on the draft plan and draft certificate 
of need, shall not be subject to the rule-making or contested 
case provisions of chapter 14.  By July 1, 1983, the chairman of 
the board shall report to the legislative commission on waste 
management about the hearing to be held pursuant to this 
subdivision.  The chairman shall describe the board's plans and 
procedures for the hearing, the provisions for encouraging 
public participation in the hearing, and the board's plans for 
preparing the required report to the legislature fully and 
accurately summarizing the results of the hearing, the 
objections raised to the board's draft plan and certification, 
and the board's response to the testimony received.  The 
legislative commission shall hold a hearing to receive public 
comment on the board's proposed hearing procedures and 
thereafter shall make any recommendations it deems appropriate 
for changes in the board's procedures.  Following the submission 
of the report on hazardous management required under section 
115A.08, subdivision 4, By November 1, 1983, the board through 
its chairperson shall issue a draft hazardous waste management 
plan proposed for adoption pursuant to this section, and a draft 
certificate or certificates of need proposed for issuance under 
section 115A.24.  The draft plan and certificates must include 
an explanation of the basis of the findings, conclusions, and 
recommendations contained therein.  The board shall hold a 
public hearing on the draft plan and draft certificate or 
certificates of need contained in the report within 30 days of 
their issuance.  Notices of the draft plan and the draft 
certificate or certificates and notice of the hearing shall be 
published in the state register and newspapers of general 
circulation in the state.  The notices must indicate how copies 
of the draft plan and draft certificate or certificates of need 
may be obtained.  The board shall make the draft plan and draft 
certificate or certificates of need available for public review 
and comment at least 21 days before the hearing.  The hearing 
shall be ordered by the chairperson of the board and shall be 
conducted by the state office of administrative hearings in a 
manner consistent with the completion of the proceedings in the 
time allowed by this section.  The hearing officer shall not 
issue a report but shall preside at the hearing to ensure that 
the hearing is conducted in a fair, orderly, and expeditious 
manner and in accordance with the hearing procedures of the 
board.  A majority of the permanent members of the board shall 
attend the hearing.  In connection with the hearing, the 
chairperson of the board shall provide copies of the studies and 
reports on which the draft plan and certification of need are 
based and shall make an affirmative presentation showing the 
need for and reasonableness of the draft plan and certification 
of need present an explanation of the basis of the findings, 
conclusions, and recommendations in the draft plan and 
certification of need.  
     Within 15 days following the hearing the director of the 
agency shall issue a hazardous waste pollution control report. 
The report must be submitted to the legislative commission.  The 
report must be based on existing and proposed federal and state 
pollution control rules and available information and expertise 
on the character, nature, and degree of hazard of the types and 
categories of hazardous waste identified in the plan.  The 
report must:  
     (a) assess the pollution control problems and risks 
associated with each type and category of hazardous waste 
identified by the draft certification of need as eligible for 
disposal, before or after pretreatment, at a facility or 
facilities of the type and design selected by the board, and 
identify design and pretreatment alternatives or other methods 
for dealing with those problems and risks;  
     (b) identify at least one specific alternative technology 
for dealing with each waste which the report recommends should 
not be certified for disposal, and assess the pollution control 
problems and risks associated with the alternatives;  
     (c) assess the pollution control problems and risks 
associated with each standard and criteria contained in the plan 
and certification for determining the eligibility or 
ineligibility of waste for disposal;  
     (d) assess the pollution control programs and risks 
associated with the processing and other alternatives to 
disposal which are recommended in the plan for specific types or 
categories of hazardous waste, and identify methods for dealing 
with those problems and risks.  
     Within 30 days following the hearing, the board shall 
revise the draft plan and the draft certificate or certificates 
of need as it deems appropriate, shall make a written response 
to the testimony received at the hearing and to the agency's 
report explaining its disposition of any recommendations made 
with respect to the plan and certification, and shall finally 
adopt a plan in accordance with this section and issue a 
certificate or certificates of need in accordance with section 
115A.24 submit to the legislative commission the revised draft 
plan and certification of need, together with a report on the 
testimony received, the board's response, and the results of the 
hearing process. 
    Sec. 17.  [115A.201] [BEDROCK DISPOSAL.] 
    Subdivision 1.  [EVALUATION OF TECHNOLOGY; STUDY AREAS.] 
The board shall evaluate the feasibility of bedrock disposal of 
hazardous waste.  If the board determines that bedrock disposal 
is or may be a feasible disposal technology, the board shall 
identify bedrock study areas of up to four square miles in size 
for further evaluation.  
    Subd. 2.  [PARTICIPATION BY AFFECTED LOCALITIES.] A plan 
review committee shall be established for each study area and a 
temporary board member shall be appointed as provided in this 
subdivision, to participate in the preparation of the draft plan 
and certification of need to be issued under section 115A.11 and 
adopted under sections 115A.11 and 115A.24.  Within 30 days 
following the identification of a bedrock study area by the 
board, the governor shall appoint the chair and members of a 
plan review committee, ensuring a balanced representation of all 
parties with a legitimate and direct interest in the review of 
the plan and certification of need.  The plan review committee 
shall be eligible for technical assistance and grants pursuant 
to section 115A.08, subdivision 6, to assist it in participating 
in the plan and certification of need.  Within 30 days following 
the appointment of a plan review committee, the committee shall 
select a temporary board member to be added to the board. 
Temporary board members may be members of the local plan review 
committee, and they shall be residents of the county in which 
the study area is primarily located.  Temporary board members 
shall serve for terms lasting so long as the location the member 
represents is a study area.  Temporary board members shall not 
participate or vote in decisions affecting the selection and 
certification of sites under this section and section 115A.21. 
     Subd. 3.  [CANDIDATE SITES.] If the board determines that 
candidate sites are to be selected in the bedrock study areas, 
the candidate sites must be proposed and selected as provided in 
section 115A.21, subdivisions 1 and 2a.  
    Sec. 18.  Minnesota Statutes 1982, section 115A.21, is 
amended to read: 
    115A.21 [CANDIDATE SITES.] 
    Subdivision 1.  [SELECTION.] By March 15, 1982, The board 
shall select six at least four locations in the state, no more 
than one site per county, as candidate sites for commercial 
disposal facilities for hazardous waste.  Candidate sites 
selected by the board before February 1, 1983, and additional 
candidate sites selected pursuant to this section, must be 
reviewed pursuant to sections 115A.22 to 115A.30.  No location 
shall be selected as a candidate site unless the agency 
certifies its intrinsic suitability for the use intended 
pursuant to subdivision 2a.  
    Subd. 2.  [SEARCH PROCEDURE.] The board shall consult with 
the agency and the private waste management industry in 
selecting candidate sites.  Any sites proposed in applications 
for permits for disposal facilities being reviewed by the agency 
may be included by the board as candidate sites, provided the 
agency certifies the intrinsic suitability of the sites.  The 
agency shall suspend its review of any permit application being 
reviewed by the board for inclusion as a candidate site until 
the site is eliminated from consideration as a candidate site.  
    Subd. 2.  [PROCEDURE.] As soon as practicable, the board 
through its chairperson shall publish a request soliciting 
proposals and permit applications for hazardous waste disposal 
facilities from potential developers and operators of such 
facilities.  Notice of the request shall be published in the 
state register and newspapers of general circulation in the 
state and shall be transmitted to all regional development 
commissions, the metropolitan council, and all counties in the 
state.  The board may select conceptual design and operating 
specifications for a variety of hazardous waste disposal 
facilities in sufficient detail and extent in the judgment of 
the board to assist the evaluation of sites and the selection of 
candidate sites.  By November 1, 1980, the board through its 
chairperson shall notify each regional development commission, 
or the metropolitan council, and each local government unit 
within whose jurisdiction the board intends to search for 
candidate sites.  The notification shall explain the selection 
of the jurisdiction as a search area; shall summarize any 
conceptual specifications and the evaluation factors, criteria, 
standards, and procedures the board intends to use in selecting 
candidate sites; and shall describe the relationship of the 
candidate site selection process to the other review procedures 
under sections 115A.18 to 115A.30 and the hazardous waste 
reports and plans required under sections 115A.04 to 115A.15.  
The notification shall request recommendations and suggestions 
from each such commission, the metropolitan council, and local 
government unit on the criteria, standards, and procedures the 
board should use in selecting candidate sites within the time 
allowed.  The board through its chairperson shall make a written 
response to any recommendations, explaining its disposition of 
the recommendations.  No action of the board may be held invalid 
by reason of the board's failure to notify any of the entities 
listed in this subdivision.  
    Subd. 2a.  [INTRINSIC SUITABILITY CERTIFICATION.] The board 
shall provide to the agency data relating to the intrinsic 
suitability of the sites a site to be proposed as a candidate 
sites site as soon as available but no later than November 1, 
1981.  By November 15, 1981, the board shall propose at least 
six locations as candidate sites, and.  The director of the 
agency shall issue a notice indicating which of those sites 
whether the director recommends that the proposed sites should 
be certified as intrinsically suitable.  The board through its 
chairperson and the director shall publish notice of hearings on 
the board's proposal and the director's recommendations.  Notice 
shall be published in the state register and newspapers of 
general circulation in the state and shall be sent by mail to 
all regional development commissions, or the metropolitan 
council, and to local government units containing a proposed 
candidate site.  The hearings shall be conducted by the state 
office of administrative hearings in a manner consistent with 
the completion of the proceedings and the hearing examiner's 
report to the agency and board in the time allowed by this 
section.  The hearing shall afford all interested persons an 
opportunity to testify and present evidence on the subject of 
the hearing.  The subject of the hearing shall be limited to 
information submitted by the board and additional information on 
the proposed sites which is relevant to the board's decision on 
candidate sites and the agency's decision on intrinsic 
suitability.  The rulemaking and contested case procedures of 
chapter 14 shall not apply to this hearing.  The hearing 
examiner may consolidate hearings.  The report of the hearing 
examiner shall contain findings of fact, conclusions, and 
recommendations on the subject of the hearing.  The agency shall 
make a final determination as to the intrinsic suitability of 
each proposed site and shall certify sites accordingly by March 
1, 1982.  No action of the board or agency shall may be held 
invalid by reason of the board's or agency's failure to notify 
any of the entities listed in this subdivision. 
    Subd. 3.  [MORATORIUM DEVELOPMENT LIMITATIONS.] In order to 
permit the comparative evaluation of sites and buffer areas and 
the participation of affected localities in decisions about the 
use of sites and buffer areas, a moratorium is hereby imposed as 
provided in this subdivision on all development within each 
proposed or candidate site identified pursuant to this section 
development in each candidate site and in a buffer area 
identified by the board surrounding and at least equal in area 
to the site shall be limited to development consistent with the 
development plans, land use classifications, and zoning and 
other official controls applying to the property on February 1, 
1983.  No development inconsistent with the plans, use 
classification, controls, and zoning requirements; no transfers 
or change of use of public land; and no conditional uses may be 
permitted.  The moratorium on candidate sites and buffer areas 
development limitations shall extend until the board chooses a 
final candidate site or final candidate sites pursuant to this 
article.  The moratorium on the final sites and buffer areas 
shall extend until six months following final action of the 
board pursuant to sections 115A.18 to 115A.30.  No development 
shall be allowed to occur within a proposed site or buffer area 
during the period of the moratorium without the approval of the 
board section 115A.28.  No plan, land use classification, 
official control, or zoning of any political subdivision shall 
permit or be amended to permit development which has not been 
approved by the board inconsistent with the requirements of this 
section, nor shall any political subdivision sanction or approve 
any subdivision, permit, license, or other authorization which 
would allow development to occur which has not been approved by 
the board.  The board shall not approve actions which would 
jeopardize the availability of a candidate site for use as a 
hazardous waste facility.  The board may establish guidelines 
for reviewing requests for approval under this subdivision.  The 
guidelines shall not be subject to the rule-making provisions of 
chapter 14.  Requests for approval shall be submitted in writing 
to the chairperson of the board and shall be deemed to be 
approved by the board unless the chairperson otherwise notifies 
the submitter in writing within 15 days inconsistent with the 
requirements of this section. 
    Sec. 19.  Minnesota Statutes 1982, section 115A.22, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GENERAL.] In order systematically to 
involve those who would be affected most directly by disposal 
facilities in all decisions leading to their establishment, the 
board's decisions on reports referred to in subdivision 7, the 
preliminary specifications plan adopted under section 115A.23 
115A.11, and the certification of need required under section 
115A.24 shall not be made until after the establishment of local 
project review committees for each candidate site, with 
representation on the board, pursuant to this section.  
    Sec. 20.  Minnesota Statutes 1982, section 115A.22, 
subdivision 3, is amended to read: 
    Subd. 3.  [MEMBERSHIP ON LOCAL COMMITTEES.] By April 15, 
1982 Within 60 days following the selection of a candidate site 
under section 115A.21, the governor shall appoint the 
chairperson and members of each the local project review 
committee, ensuring a balanced representation of all parties 
with a legitimate and direct interest in the outcome of the 
project review.  The governor shall consult particularly with 
affected local units of government before selecting members.  
Members may be added to the local committee from time to time by 
the governor. 
    Sec. 21.  Minnesota Statutes 1982, section 115A.22, 
subdivision 4, is amended to read: 
    Subd. 4.  [APPOINTMENT OF TEMPORARY BOARD MEMBERS.] By May 
15, 1982, each Within 30 days following the appointment of a 
local project review committee, the local committee shall select 
a temporary board member to be added to the board for the 
purposes of the reports, to be issued under section 115A.08, the 
plan to be adopted under section 115A.11, and the need 
certifications, and review of candidate sites conducted under 
sections 115A.18 to 115A.30.  Temporary board members shall not 
participate or vote in decisions affecting the selection and 
certification of sites under sections 17 and 115A.21.  If a 
local committee fails to appoint a temporary board member within 
45 days after the appointment of the committee the time 
permitted by this subdivision, the governor shall appoint a 
temporary board member to represent the committee on the board.  
Temporary board members may be members of the local project 
review committee, and they shall be residents of the county 
where the candidate site is located.  Temporary board members 
shall serve for terms lasting until the board has taken final 
action pursuant to section 115A.28 and as long as the location 
the member represents is a candidate site or, in the case of 
members representing the site or sites finally chosen for the 
facility, until the commencement of the operation of the 
facility at that site.  
    Sec. 22.  Minnesota Statutes 1982, section 115A.22, 
subdivision 6, is amended to read: 
    Subd. 6.  [TECHNICAL ASSISTANCE; GRANTS.] To assist local 
project review committees to participate in the certification of 
need and the review process preparation of environmental impact 
statements and permit applications, the board through its 
chairperson shall make grants to the committees to be used to 
employ staff, pay administrative expenses, or contract with 
affected units of government or qualified consultants.  The 
board through its chairperson shall ensure the delivery to the 
committees of technical information and assistance by 
appropriate state agencies.  
    Sec. 23.  Minnesota Statutes 1982, section 115A.22, 
subdivision 7, is amended to read: 
    Subd. 7.  [HAZARDOUS WASTE MANAGEMENT REPORTS.] The 
chairperson and the board shall prepare and submit the hazardous 
waste management reports required by section 115A.08, 
subdivisions 4 and 5 to 5a, in consultation with the local 
project review committees.  The chairperson and the board shall 
request recommendations from the local committees and shall 
consult with the committees on the board's intended disposition 
of the recommendations.  The reports of the board shall 
summarize the recommendations of the committees and the board's 
response to the recommendations.  Before submitting the reports, 
the board shall hold at least one public meeting in each county 
in which a candidate site is located.  A majority of the 
permanent members shall be present at each meeting.  Notice of 
the meeting shall be published in a newspaper or newspapers of 
general circulation in the area for two successive weeks ending 
at least 15 days before the date of the meeting.  The notice 
shall describe the proposed facilities, the proposed location, 
the purpose of the board's report to the legislature, and the 
subsequent and related activities of the board.  
    Sec. 24.  Minnesota Statutes 1982, section 115A.24, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CERTIFICATE.] Except as provided in 
subdivision 2, by December 15, 1982, on the basis of and 
consistent with its hazardous waste management plan adopted 
under section 115A.11, the board shall issue a certificate or 
certificates of need for disposal facilities for hazardous 
wastes in the state.  The certificate or certificates shall 
indicate the types and volumes of waste for which disposal 
facilities are and will be needed through the year 2000 and the 
number, types, sizes, general design and operating 
specifications capacity, and function or use of the disposal 
facilities needed in the state.  Before finally adopting the 
certificate of need the board shall submit it to the agency for 
a revision of the hazardous waste pollution control report 
required under section 115A.11, subdivision 2.  The board shall 
certify need only to the extent that the board has determined 
that there are no feasible and prudent alternatives including 
waste reduction, separation, pretreatment, processing, and 
resource recovery which would minimize adverse impact upon air, 
water, land and all other natural resources, provided that the 
board shall require the establishment of at least one commercial 
disposal facility in the state.  Economic considerations alone 
shall not justify certification nor the rejection of 
alternatives.  Alternatives that are speculative and conjectural 
shall not be deemed to be feasible and prudent. The board shall 
consider all technologies being developed in other countries as 
well as in the United States when it considers the alternatives 
to hazardous waste disposal.  The certificate or certificates 
shall not be subject to the provisions of chapter 14 but shall 
be the final determination required on the matters decided by 
the certificate or certificates and shall have the force and 
effect of law.  The certificate or certificates shall not be 
amended for five years except as provided in section 36.  The 
board and the permitting agencies, In reviewing and selecting 
sites, completing and determining the adequacy of environmental 
impact statements, and issuing approvals and permits for waste 
disposal facilities described in the certificate or certificates 
of need, shall not reconsider matters determined in the 
certification shall not be reconsidered except as otherwise 
provided in section 36.  The board and the permitting agencies 
shall be required to make a final decision approving the 
establishment of facilities consistent with the certification. 
The board and the permitting agencies shall be required to make 
a final decision approving the establishment of at least one 
commercial disposal facility for hazardous waste in the state 
except as otherwise provided in section 36. 
    Sec. 25.  [115A.241] [PARTICIPATION BY FACILITY DEVELOPERS 
AND OPERATORS.] 
    The board shall solicit the participation of private 
developers and operators of waste facilities in the evaluation 
of hazardous waste disposal sites and facility specifications. 
To qualify for consideration as a developer or operator, a 
person shall submit a letter of intent to the board within 90 
days following the publication of the board's draft plan 
pursuant to section 115A.08, subdivision 4.  To qualify for 
selection as a developer or operator, a person shall submit 
operability reports to the board at least 60 days before the 
board's hearings under section 115A.27.  The letters of intent 
and reports shall be in the form and contain the information 
deemed appropriate by the board.  
    Sec. 26.  Minnesota Statutes 1982, section 115A.25, 
subdivision 1, is amended to read: 
     115A.25 [AGENCY; ENVIRONMENTAL REVIEW PROCEDURES.] 
    Subdivision 1.  [ENVIRONMENTAL IMPACT STATEMENT.] An A 
phased environmental impact statement meeting the requirements 
of chapter 116D shall be completed by the board and the agency 
on disposal facilities at each candidate site.  The statement 
shall be finally accepted or rejected within 120 days following 
the issuance of a certificate or certificates of need under 
section 115A.24.  The statement must be prepared and reviewed in 
accordance with chapter 116D and the rules issued pursuant 
thereto, except as otherwise required by this section and 
sections 115A.11, 115A.24, 115A.28, and 115A.30.  The board and 
agency shall follow the procedures in subdivisions 2 and 3 in 
lieu of the scoping requirements of chapter 116D and rules 
issued pursuant thereto.  The statement shall be completed in 
two phases as provided in sections 27 and 28.  
    Sec. 27.  Minnesota Statutes 1982, section 115A.25, is 
amended by adding a subdivision to read:  
    Subd. 1a.  [PHASE I.] Phase I of the statement shall be 
completed by the board on the environmental effects of the 
board's decision on sites and facility specifications under 
section 115A.28.  Phase I of the statement shall not address or 
reconsider alternative sites or facility numbers, types, 
capacity, function, and use which have been eliminated from 
consideration by the board's decisions under sections 115A.21 
and 115A.24.  The determination of the adequacy of phase I of 
the statement is exclusively the authority of the board.  The 
governor shall establish an interagency advisory group to 
comment on the scope of phase I of the statement, to review 
drafts, and to provide technical assistance in the preparation 
and review of phase I of the statement.  The advisory group 
shall include representatives of the agency, the departments of 
natural resources, health, agriculture, energy, planning and 
development, and transportation, and the Minnesota geological 
survey.  In order to obtain the staff assistance necessary to 
prepare the statement, the chairperson of the board may request 
reassignment of personnel pursuant to section 16.21 and may 
arrange to have other agencies prepare parts of the statement 
pursuant to section 16.135.  
    Sec. 28.  Minnesota Statutes 1982, section 115A.25, is 
amended by adding a subdivision to read:  
    Subd. 1b.  [PHASE II.] Phase II of the statement shall be 
completed by the agency as a supplement to phase I specifically 
for the purpose of examining the environmental effects of the 
permitting decisions required to be made by the permitting 
agencies under section 36.  In preparing, reviewing, and 
determining the adequacy of phase II of the statement, the 
agency shall not repeat or duplicate the research and analysis 
contained in phase I of the statement, unless the agency 
determines that the information available is not adequate or 
that additional information is necessary to examine the 
environmental effects of the permitting decisions.  Phase II of 
the statement shall not address or reconsider alternative sites 
and facility numbers, types, capacity, function, and use which 
have been eliminated from consideration by the board's decisions 
under sections 115A.21, 115A.24, and 115A.28.  The determination 
of adequacy of phase II of the statement must be made by the 
agency within 180 days following submission of the preliminary 
permit application or applications under section 36.  The 
determination of the adequacy of phase II of the statement is 
exclusively the authority of the agency.  
    Sec. 29.  Minnesota Statutes 1982, section 115A.25, 
subdivision 2, is amended to read:  
    Subd. 2.  [PUBLIC DISCLOSURE.] Before commencing 
preparation of a phase of the environmental impact statement, 
the board or agency shall issue a document summarizing and 
making full disclosure of the intended objectives and contents 
of the environmental impact statement and the environmental 
review.  Announcement of the disclosure shall be published in 
the state register, the environmental quality board monitor, and 
appropriate newspapers of general distribution.  The disclosure 
shall:  
    (a) identify the candidate sites;  
    (b) summarize preliminary design and operating facility 
specifications and indicate where and when the specifications 
are available for inspection;  
    (c) describe as fully as possible the object of the review, 
including the significant actions, issues, alternatives, types 
of impacts, and compensation and mitigation measures expected to 
be addressed in the statement; the depth of the analysis 
expected; and subjects which the statement will not address in 
depth because they have been disposed of previously or because 
they are believed to be insignificant or remote and speculative; 
    (d) identify, by reference and brief summary, any related 
planning activities and environmental reviews which have been, 
are being, or will be conducted, and the substantive, 
chronological, and procedural relationship between the proposed 
review and the other activities and reviews;  
    (e) identify the membership and address of the local 
project review committees and the names of the local 
representatives on the board;  
    (f) summarize the comments and suggestions received from 
the public pursuant to subdivision 3 and the board's or agency's 
response.  
    Sec. 30.  Minnesota Statutes 1982, section 115A.25, 
subdivision 3, is amended to read:  
    Subd. 3.  [PUBLIC PARTICIPATION PROCEDURES.] The public 
disclosure document shall be issued following diligent effort to 
involve the public in determining the objective and contents of 
the environmental impact statement.  At least one public meeting 
shall be held in each county with a candidate site.  The advice 
of the board, facility developers, state agencies, the local 
project review committees, and local units of government shall 
be actively solicited.  The board or agency may engage the state 
hearing examiner to conduct meetings and make recommendations 
concerning the review.  Each local project review committee 
shall present to the board or agency a written report 
summarizing local concerns and attitudes about the proposed 
action and the specific issues which the local communities and 
residents wish to see addressed in the environmental review.  
    Sec. 31.  Minnesota Statutes 1982, section 115A.26, is 
amended to read: 
    115A.26 [AGENCIES; REPORT ON PERMIT CONDITIONS AND 
APPLICATION REQUIREMENTS.] 
    Within 60 30 days following the board's determination of 
the adequacy of the final phase I of the environmental impact 
statement, and after consulting with the board, facility 
developers, affected local government units, and the local 
project review committees, the chief executive officer of each 
permitting state agency shall issue a notice of intent to issue 
permits indicating, to the board draft reports on permit 
conditions and permit application requirements at each candidate 
site.  The reports must indicate, to the extent possible based 
on existing information, the probable terms, conditions, and 
requirements of agency approval for all permits needed at each 
candidate site for the establishment of the facilities described 
in the board's certification of need permits, including the 
types and categories of waste eligible for disposal with or 
without pretreatment, and the probable supplementary 
documentation that will be required for phase II of the 
environmental impact statement under section 115A.25 and for 
permit applications under section 36.  The reports may be 
revised following the hearings under section 115A.27 as the 
chief executive officer deems necessary.  The agency decisions 
shall reports must be consistent with the establishment of 
facilities in accordance with the certification of need. 
    Sec. 32.  Minnesota Statutes 1982, section 115A.27, 
subdivision 2, is amended to read: 
    Subd. 2.  [BOARD HEARINGS.] Within 90 120 days following 
the issuance of agency notice of intent under section 115A.26 
board's determination of the adequacy of phase I of the 
environmental impact statement under section 115A.25, the board 
shall conduct a hearing in each county containing a candidate 
site, for the purpose of receiving testimony on the sites and 
facilities to be established decisions required under section 
115A.28.  The hearings shall be ordered by the chairperson of 
the board and shall be conducted concurrently with any agency 
hearing regarding the site held pursuant to subdivision 1.  The 
subject of the board hearing shall not extend to matters 
previously decided in the board's decision on sites under 
section 115A.21 and the certificate of need issued under section 
115A.24.  The hearing shall be conducted for the board by the 
state office of administrative hearings in a manner determined 
by the hearing examiner to be consistent with the completion of 
the proceedings in the time allowed.  The proceedings shall and 
the hearing procedures are not be deemed a subject to the 
rule-making or contested case under provisions of chapter 14.  
The hearing officer shall not issue a report but shall preside 
at the hearings to ensure that the hearings are conducted in a 
fair, orderly, and expeditious manner and in accordance with the 
hearing procedures of the board.  A majority of the permanent 
members of the board shall be present at the hearing.  
    Sec. 33.  Minnesota Statutes 1982, section 115A.28, 
subdivision 1, is amended to read: 
    115A.28 [FINAL ACTION DECISION.] 
    Subdivision 1.  [DECISION OF BOARD.] Within 60 days 
following final agency decisions on permits pursuant to sections 
115A.26 and 115A.27, subdivision 1 the conclusion of the 
hearings under section 115A.27, subdivision 2, and after 
consulting with private facility developers, the agency 
permitting agencies, affected local government units, and the 
local project review committees, the board shall finally select 
the site or sites for the facilities and shall submit or cause 
to be submitted final permit applications and the developer and 
operator of the facility and shall prescribe further 
specifications on the number, type, capacity, function, and use 
of the facilities as the board deems appropriate, consistent 
with the board's certification of need issued under section 
115A.24.  If the chairperson of the board determines that an 
agency notice of intent report on permit conditions and 
application requirements has been substantially revised 
following hearings held pursuant to section 115A.27, subdivision 
1 2, the chairperson shall may delay the decision for 30 days 
and may order a public hearing to receive further testimony on 
the sites and facilities to be established.  The proceeding 
shall be conducted as provided in section 115A.27, subdivision 
2, except that hearings shall not be separately held in the 
affected counties and the issues relating to all agency notices 
reports shall be considered at one hearing.  The board's 
decision and final permit applications shall embody all terms, 
conditions, and requirements of the permitting agencies, 
provided that the board may:  (a) finally resolve any conflicts 
between state agencies regarding permit terms, conditions, and 
requirements, and (b) require more stringent terms, conditions, 
and requirements respecting the facility as may be consistent 
with the certification of need and the agency rules and permit 
conditions.  The board's resolution of conflicts under clause 
(a) shall be in favor of the more stringent terms, conditions, 
and requirements.  The board's decision and the permit 
applications shall provide for the establishment of facilities 
consistent with the board's certification of need.  
    Sec. 34.  Minnesota Statutes 1982, section 115A.28, 
subdivision 2, is amended to read:  
    Subd. 2.  [BOARD'S DECISION PARAMOUNT.] The board's 
decision under subdivision 1 shall be final and shall supersede 
and preempt requirements of state agencies and political 
subdivisions and the requirements of sections 473H.02 to 
473H.17; except that a facility established pursuant to the 
decision shall be subject to those terms, conditions, and 
requirements in permits of state or federal permitting agencies 
embodied in the board's decision, the terms of lease determined 
by the board under section 115A.06, subdivision 4, and any 
requirements imposed pursuant to subdivision 3.  The permitting 
agencies shall issue permits within 60 days following and in 
accordance with the board's final decision, and all permits 
shall conform to the terms, conditions, and requirements of the 
board's decision.  Except as otherwise provided in this section, 
no charter provision, ordinance, regulation, permit, or other 
requirement of any state agency or political subdivision shall 
prevent or restrict the establishment, operation, expansion, 
continuance, or closure of a facility in accordance with the 
final decision and leases of the board and permits issued 
pursuant thereto by state or federal permitting agencies. 
    Sec. 35.  Minnesota Statutes 1982, section 115A.28, 
subdivision 3, is amended to read:  
    Subd. 3.  [LOCAL REQUIREMENTS.] A political subdivision may 
impose reasonable requirements respecting the construction, 
inspection, operation, monitoring, and maintenance of a 
facility.  Any such requirements shall be subject to review by 
the agency board to determine their reasonableness and 
consistency with the establishment and use of a facility in 
accordance with the final decision and lease of the board and by 
the agency to determine their reasonableness and consistency 
with permits issued pursuant thereto of state and federal 
permitting agencies.  The board or agency may approve, 
disapprove, suspend, modify, or reverse any such requirements.  
The decision of the board or agency shall be final.  
    Sec. 36.  [115A.291] [PERMITS.] 
    Research and analysis necessary to the permit applications 
and permit decisions required under this chapter, and the 
supporting environmental study, must commence immediately 
following the board's decision under section 115A.28.  Within 
180 days following its final decision under section 115A.28, the 
board shall submit or cause to be submitted a preliminary 
application for permits for a facility or facilities consistent 
with its decision under section 115A.28.  Following review by 
the permitting agencies and within 60 days following the 
agency's determination of the adequacy of phase II of the 
environmental impact statement, the board shall revise the 
application, or cause it to be revised, in accordance with the 
recommendations of the permitting agencies.  In preparing its 
revised permit application, the board may amend its 
certification of need issued under section 115A.24 or its 
facility specifications under section 115A.28, if the board 
finds and determines, based upon the recommendations of the 
permitting agencies, that:  (a) the amendments are necessary to 
secure permits for the construction and operation of the 
proposed facility at the proposed site, and (b) the 
recommendations and amendments are the result of new information 
or rules produced after the board's decisions under sections 
115A.24 and 115A.28.  Within 210 days following the submission 
of the revised permit application, the permitting agencies shall 
issue the necessary permits unless the pollution control agency 
determines that the facility or facilities proposed for 
permitting present environmental problems which cannot be 
addressed through the imposition of permit conditions. 
    Sec. 37.  Minnesota Statutes 1982, section 115A.30, is 
amended to read: 
    115A.30 [JUDICIAL REVIEW.] 
    Any civil action maintained by or against the agency or 
board under sections 115A.18 to 115A.30 shall be brought in the 
county where the board is located and shall take precedence over 
all other matters of a civil nature and be expedited to the 
maximum extent possible.  Any person aggrieved by a final 
decision of the board authorizing facilities or an agency under 
sections 115A.18 to 115A.30 may appeal therefrom within 30 days 
following all final decisions on the issuance of permits.  Any 
appeal shall be conducted as a review of the administrative 
record as provided in chapter 14 sections 14.63 to 14.70.  No 
civil action shall be maintained pursuant to section 116B.03 
with respect to conduct taken by a person pursuant to any 
environmental quality standard, limitation, regulation, rule, 
order, license, stipulation agreement or permit issued by the 
board under sections 115A.18 to 115A.30.  Notwithstanding any 
provision of chapter 116B to the contrary, in any action brought 
under that chapter with respect to any decision or conduct 
undertaken by any person or the board or agency pursuant to 
sections 115A.18 to 115A.30 after the period for appeal under 
this section has lapsed, the plaintiff shall have the burden of 
proving that the evidence required under section 116B.10 was not 
reasonably available within the time provided for appeal.  The 
trial court shall, upon motion of any prevailing 
non-governmental party, award costs, disbursements, reasonable 
attorney's fees, and reasonable expert witness fees, if the 
court finds the action hereunder was commenced or defended in 
bad faith or was frivolous. 
    Sec. 38.  Minnesota Statutes 1982, section 115A.54, 
subdivision 2, is amended to read: 
    Subd. 2.  [ADMINISTRATION; ASSURANCE OF FUNDS.] The board 
shall provide technical and financial assistance for the 
acquisition and betterment of the facilities and transfer 
stations from revenues derived from the issuance of bonds 
authorized by section 115A.58.  Facilities for the incineration 
of solid waste without resource recovery are not eligible for 
assistance.  Of money appropriated for the purposes of the 
demonstration program, at least 70 percent shall be distributed 
as loans, and the remainder shall be distributed as grants.  An 
individual project may receive assistance totaling up to 100 
percent of the capital cost of the project and grants up to 50 
percent of the capital cost of the project.  No grant or loan 
shall be disbursed to any recipient until the board has 
determined the total estimated capital cost of the project and 
ascertained that financing of the cost is assured by funds 
provided by the state, by an agency of the federal government 
within the amount of funds then appropriated to that agency and 
allocated by it to projects within the state, by any person, or 
by the appropriation of proceeds of bonds or other funds of the 
recipient to a fund for the construction of the project. 
    Sec. 39.  Minnesota Statutes 1982, section 115A.67, is 
amended to read: 
    115A.67 [ORGANIZATION OF DISTRICT.] 
    The governing body of each county wholly or partly within 
the district shall appoint two persons to serve on the first 
board of directors of the district, except that in the case of a 
district having territory within only two counties each county 
may appoint three persons.  At least one person appointed by 
each county shall be an elected official of a local government 
unit having territory within the district.  The first 
chairperson of the board of directors shall be appointed from 
outside the first board of directors by the chairperson of the 
waste management board and shall be a local elected official 
within the district.  The first chairperson shall serve for a 
term of two years.  Thereafter the chairperson shall be elected 
from outside the board of directors by majority vote of the 
board of directors.  Members of the board of directors shall be 
residents of the district.  The first meeting of the board of 
directors shall be held at the call of the chairperson, after 
notice, for the purpose of proposing the bylaws, electing 
officers and for any other business that comes before the 
meeting.  The bylaws of the district, and amendments thereto, 
shall be adopted by a majority vote of the board of directors 
unless the certificate of incorporation requires a greater 
vote.  The bylaws shall state:  
    (a) the manner and time of calling regular meetings of the 
representatives and the board of directors, not less than once 
annually;  
     (b) the title, manner of selection, and term of office of 
officers of the district;  
     (c) the term of office of members of the board of 
directors, the manner of their removal, and the manner of 
filling vacancies on the board of directors;  
     (d) the powers and duties of the board of directors 
consistent with the order and articles of incorporation 
establishing the district;  
     (e) the definition of a quorum for meetings of the board of 
directors, which shall be not less than a majority of the 
members;  
    (f) the compensation and reimbursement for expenses for 
members of the board of directors, which shall not exceed that 
provided for in section 15.0575, subdivision 3; and 
    (g) such other provisions for regulating the affairs of the 
district as the board of directors shall determine to be 
necessary. 
    Sec. 40.  Minnesota Statutes 1982, section 115A.70, 
subdivision 3, is amended to read: 
    Subd. 3.  [EXEMPTION.] The district shall not designate and 
require use of facilities for materials which are being 
separated from solid waste and recovered for reuse or recycling 
by the generator, by a private person under contract with the 
generator or by a licensed solid waste collector.  The district 
shall not designate and require use of facilities for materials 
which are being delivered to another resource recovery facility 
The designation may not apply to or include:  
    (a) materials which are separated from solid waste and 
recovered for reuse in their original form or for use in 
manufacturing processes; or 
    (b) materials other than those described in clause (a) 
which are being used at another resource recovery facility 
unless the district finds and determines that the required use 
is consistent with criteria and standards concerning 
displacement of existing facilities and with the evaluation of 
resource recovery designation which are required in the solid 
waste management plan of the district. 
    Sec. 41.  Minnesota Statutes 1982, section 115A.70, is 
amended by adding a subdivision to read: 
    Subd. 7.  [RELATIONSHIP TO COUNTY DESIGNATION PROCEDURES.] 
A district need not repeat the designation procedures set out in 
subdivision 4 to the extent that these procedures have been 
completed by each county having territory in the district or by 
a joint powers board composed of each county having territory in 
the district.  A district need not submit the designation for 
review pursuant to subdivision 2 if the designation has already 
been approved under section 115A.071 following submission by 
each county having territory in the district or by a joint 
powers board composed of each county having territory in the 
district.  
    Sec. 42.  Minnesota Statutes 1982, section 116.06, is 
amended by adding a subdivision to read: 
    Subd. 9i.  "Sludge" means any solid, semi-solid, or liquid 
waste generated from a municipal, commercial, or industrial 
waste water treatment plant, water supply treatment plant, or 
air contaminant treatment facility, or any other waste having 
similar characteristics and effects.  
    Sec. 43.  Minnesota Statutes 1982, section 116.06, 
subdivision 13, is amended to read: 
    Subd. 13.  "Hazardous waste" means any refuse, sludge, or 
discarded other waste material or combinations of refuse, sludge 
or discarded other waste materials in solid, semi-solid, liquid, 
or contained gaseous form which cannot be handled by routine 
waste management techniques because they of its quantity, 
concentration, or chemical, physical, or infectious 
characteristics may (a) cause or significantly contribute to an 
increase in mortality or an increase in serious irreversible, or 
incapacitating reversible illness; or (b) pose a substantial 
present or potential hazard to human health or other living 
organisms because of their chemical, biological, or physical 
properties the environment when improperly treated, stored, 
transported, or disposed of, or otherwise managed.  Categories 
of hazardous waste materials include, but are not limited to:  
explosives, flammables, oxidizers, poisons, irritants, and 
corrosives.  Hazardous waste does not include sewage sludge and 
source, special nuclear, or by-product material as defined by 
the Atomic Energy Act of 1954, as amended.  
    Sec. 44.  Minnesota Statutes 1982, section 116.07, 
subdivision 4, is amended to read: 
    Subd. 4.  [RULES AND STANDARDS.] Pursuant and subject to 
the provisions of chapter 14, and the provisions hereof, the 
pollution control agency may adopt, amend and rescind rules and 
standards having the force of law relating to any purpose within 
the provisions of Laws 1969, Chapter 1046, for the prevention, 
abatement, or control of air pollution.  Any such rule or 
standard may be of general application throughout the state, or 
may be limited as to times, places, circumstances, or conditions 
in order to make due allowance for variations therein.  Without 
limitation, rules or standards may relate to sources or 
emissions of air contamination or air pollution, to the quality 
or composition of such emissions, or to the quality of or 
composition of the ambient air or outdoor atmosphere or to any 
other matter relevant to the prevention, abatement, or control 
of air pollution. 
    Pursuant and subject to the provisions of chapter 14, and 
the provisions hereof, the pollution control agency may adopt, 
amend, and rescind rules and standards having the force of law 
relating to any purpose within the provisions of Laws 1969, 
Chapter 1046, for the collection, transportation, storage, 
processing, and disposal of solid waste and the prevention, 
abatement, or control of water, air, and land pollution which 
may be related thereto, and the deposit in or on land of any 
other material that may tend to cause pollution.  The agency 
shall adopt such rules and standards for sewage sludge, 
addressing the intrinsic suitability of land, the volume and 
rate of application of sewage sludge of various degrees of 
intrinsic hazard, design of facilities, and operation of 
facilities and sites.  The agency shall promulgate temporary 
rules for sewage sludge pursuant to sections 14.29 to 14.36.  
Notwithstanding the provisions of sections 14.29 to 14.36, the 
temporary rules shall be effective until permanent rules are 
promulgated or March 1, 1982, whichever is earlier.  Any such 
rule or standard may be of general application throughout the 
state or may be limited as to times, places, circumstances, or 
conditions in order to make due allowance for variations 
therein.  Without limitation, rules or standards may relate to 
collection, transportation, processing, disposal, equipment, 
location, procedures, methods, systems or techniques or to any 
other matter relevant to the prevention, abatement or control of 
water, air, and land pollution which may be advised through the 
control of collection, transportation, processing, and disposal 
of solid waste and sewage sludge, and the deposit in or on land 
of any other material that may tend to cause pollution.  By 
January 1, 1983, the rules for the management of sewage sludge 
shall include an analysis of the sewage sludge determined by the 
commissioner of agriculture to be necessary to meet the soil 
amendment labeling requirements of section 17.716.  
    Pursuant and subject to the provisions of chapter 14, and 
the provisions hereof, the pollution control agency may adopt, 
amend and rescind rules and standards having the force of law 
relating to any purpose within the provisions of Laws 1971, 
Chapter 727, for the prevention, abatement, or control of noise 
pollution.  Any such rule or standard may be of general 
application throughout the state, or may be limited as to times, 
places, circumstances or conditions in order to make due 
allowances for variations therein.  Without limitation, rules or 
standards may relate to sources or emissions of noise or noise 
pollution, to the quality or composition of noises in the 
natural environment, or to any other matter relevant to the 
prevention, abatement, or control of noise pollution. 
    As to any matters subject to this chapter, local units of 
government may set emission regulations with respect to 
stationary sources which are more stringent than those set by 
the pollution control agency. 
    Pursuant to chapter 14, the pollution control agency may 
adopt, amend, and rescind rules and standards having the force 
of law relating to any purpose within the provisions of this 
chapter for generators of hazardous waste, the management, 
identification, labeling, classification, storage, collection, 
treatment, transportation, processing, and disposal of hazardous 
waste and the location of hazardous waste facilities.  A rule or 
standard may be of general application throughout the state or 
may be limited as to time, places, circumstances, or 
conditions.  The public utilities commission, in cooperation 
with the pollution control agency, shall set standards for the 
transportation of hazardous waste in accordance with chapter 
221.  In implementing its hazardous waste rules, the pollution 
control agency shall give high priority to providing planning 
and technical assistance to hazardous waste generators.  The 
agency shall assist generators in investigating the availability 
and feasibility of both interim and long term hazardous waste 
management methods.  The methods shall include waste reduction, 
waste separation, waste processing, resource recovery, and 
temporary storage. 
    The pollution control agency shall give highest priority in 
the consideration of permits to authorize disposal of diseased 
shade trees by open burning at designated sites to evidence 
concerning economic costs of transportation and disposal of 
diseased shade trees by alternative methods. 
    Sec. 45.  Minnesota Statutes 1982, section 116.07, is 
amended by adding a subdivision to read:  
    Subd. 4e.  [HAZARDOUS WASTE PROCESSING FACILITIES; 
AGREEMENTS; FINANCIAL RESPONSIBILITY.] When the agency issues a 
permit for a facility for the processing of hazardous waste, the 
agency may approve as a condition of the permit an agreement by 
which the permittee indemnifies the generators of hazardous 
waste accepted by the facility for part or all of any liability 
which may accrue to the generators as a result of a release or 
threatened release of a hazardous waste from the facility.  The 
agency may approve an agreement under this subdivision only if 
the agency determines that the permittee has demonstrated 
financial responsibility to carry out the agreement during the 
term of the permit.  If a generator of hazardous waste accepted 
by a permitted processing facility is held liable for costs or 
damages arising out of a release of a hazardous waste from the 
facility, and the permittee is subject to an agreement approved 
under this subdivision, the generator is liable to the extent 
that the costs or damages were not paid under this agreement.  
    Sec. 46.  Minnesota Statutes 1982, section 473.149, 
subdivision 2b, is amended to read: 
    Subd. 2b.  [INVENTORY OF SOLID WASTE DISPOSAL SITES.] By 
February 1, 1982 September 1, 1983, the council shall adopt by 
resolution an inventory of eligible solid waste disposal sites 
and buffer areas within the metropolitan area.  The council's 
inventory shall be composed of the sites and buffer areas 
proposed by the counties and reviewed and approved by the 
council pursuant to section 473.803, subdivision 1a.  If a 
county does not have an approved inventory of the required 
number of sites by June 1, 1983, the council shall adopt the 
required inventory for the county, following begin 
investigations by the council and public hearings as the council 
deems appropriate in order to adopt the required inventory for 
the county by September 1, 1983.  The council's inventory shall 
satisfy all requirements and standards described in section 
473.803, subdivision 1a, for sites and buffer areas proposed by 
counties.  For sites and buffer areas included in the council's 
inventory, the moratorium development limitation imposed under 
section 473.803 59, subdivision 1a 1, shall extend until 
October 1, 1983 90 days following the selection of sites 
pursuant to section 473.833, subdivision 3. 
    Sec. 47.  Minnesota Statutes 1982, section 473.149, 
subdivision 2c, is amended to read: 
    Subd. 2c.  [REPORT ON LOCAL EFFECTS OF SOLID WASTE DISPOSAL 
FACILITIES; REPORT TO LEGISLATURE.] By August 15, 1982 November 
1, 1983, the council shall report to the legislative commission 
on methods of mitigating and compensating for the local risks, 
costs, and other adverse effects of solid waste disposal 
facilities and on methods of financing mitigation and 
compensation measures.  The methods of mitigating and 
compensating to be considered shall include but not be limited 
to the following:  compensation to landowners for damages 
resulting from the selection of a site for the inventory of 
sites or for development as a facility, payment outside of levy 
limitations in lieu of taxes for all property taken off the tax 
rolls; preference for the city or town containing a facility in 
federal A-95 reviews conducted by the council; payment of all 
costs to service the facilities including the costs of roads, 
monitoring, inspection, enforcement, police and fire, and litter 
clean up costs; payment for buffer zone amenities and 
improvements; city or town control over buffer zone design; 
elimination of the tipping charge for solid waste collected in 
the city or town; a guarantee against any and all liability that 
may occur; payment for reclamation of closed sites to local 
design specifications. 
    Sec. 48.  Minnesota Statutes 1982, section 473.149, 
subdivision 2d, is amended to read: 
    Subd. 2d.  [LAND DISPOSAL ABATEMENT PLAN.] By January 1, 
1983 1984, after considering county land disposal abatement 
proposals submitted pursuant to section 473.803, subdivision 1b, 
the council shall amend its policy plan to include specific and 
quantifiable objectives for abating the land disposal of mixed 
municipal solid waste.  The plan shall include a reduced 
estimate, based on the council's abatement objectives, of the 
added solid waste disposal capacity needed in appropriate 
sectors of the metropolitan area, stated in annual increments 
through the year 1990 and thereafter in five year increments 
through the year 2000.  The objectives in the plan shall be 
based upon standards for county resource recovery and waste 
reduction and separation programs and activities.  The plan 
shall include standards and procedures to be used by the council 
in determining that metropolitan counties have not implemented 
the council's land disposal abatement plan and have not met the 
standards for county abatement programs and activities.  The 
council shall report to the legislative commission on its 
abatement plan and on legislation that may be required to 
implement the plan.  
    Sec. 49.  Minnesota Statutes 1982, section 473.149, 
subdivision 2e, is amended to read: 
    Subd. 2e.  [SOLID WASTE DISPOSAL FACILITIES DEVELOPMENT 
SCHEDULE.] By January 1, 1983 1984, after requesting and 
considering recommendations from the counties, cities, and 
towns, the council as part of its policy plan shall determine 
the number and capacity of sites to be acquired within each 
metropolitan county for solid waste disposal facilities in 
accordance with section 473.833.  The council shall adopt a 
schedule for development of disposal facilities by each such 
county through the year 2000.  The schedule shall be based upon 
the council's reduced estimate of the disposal capacity needed 
because of the council's land disposal abatement plan.  The 
council may make the implementation of elements of the schedule 
contingent on actions of the counties in adopting and 
implementing county abatement plans pursuant to section 473.803, 
subdivision 1b; and the council shall review the development 
schedule at least every two years and shall revise the 
development schedule as it deems appropriate based on the 
progress made in the adoption and implementation of the council 
and county abatement plans.  The schedule may include procedures 
to be used by counties in selecting sites for acquisition 
pursuant to section 473.833.  The schedule shall include 
standards and procedures for council certification of need 
pursuant to section 473.823.  The schedule shall include a 
facility closure schedule and plans for post-closure management 
and disposition, for the use of property after acquisition and 
before facility development, and for the disposition of property 
and development rights, as defined in section 473.833, no longer 
needed for disposal facilities.  The schedule shall also include 
a closure schedule and plans for post-closure management for 
facilities in existence prior to January 1, 1983 before the 
adoption of the development schedule.  
    Sec. 50.  Minnesota Statutes 1982, section 473.149, 
subdivision 4, is amended to read: 
    Subd. 4.  [ADVISORY COMMITTEE.] The council shall establish 
an advisory committee to aid in the preparation of the policy 
plan, the performance of the council's responsibilities under 
subdivisions 2 to 2e, the review of county master plans and 
reports and applications for permits for waste facilities, under 
sections 473.151 and 473.801 to 473.823 and sections 473.827, 
473.831 and 473.833, and other duties determined by the 
council.  The committee shall consist of one-third citizen 
representatives, one-third representatives from metropolitan 
counties and municipalities, and one-third representatives from 
private waste management firms.  From October 1, 1981 to January 
1, 1983 at least the date that the council adopts the inventory 
under subdivision 2b to the date that the council adopts a 
development schedule under subdivision 2e, for the purpose only 
of participating in the preparation of the legislative report 
required by subdivision 2c and, the land disposal abatement plan 
required by subdivision 2d, and the development schedule 
required by subdivision 2e, additional members shall be included 
on the advisory committee sufficient to assure that at least 
one-third of the members of the committee are residents of 
cities or towns containing eligible solid waste disposal sites 
included in the council's disposal site inventory, and that 
counties containing three sites have at least two additional 
members and counties containing one or two sites have at least 
one additional member.  A representative from the pollution 
control agency, one from the waste management board established 
under section 115A.04, and one from the Minnesota health 
department shall serve as ex officio members of the committee.  
    Sec. 51.  Minnesota Statutes 1982, section 473.153, 
subdivision 2, is amended to read: 
    Subd. 2.  [CANDIDATE SITE SELECTION.] By December 15, 1981, 
The council shall select six candidate sites for the disposal of 
the commission's sewage sludge and solid waste, together with 
appropriate surrounding buffer areas.  The council shall select 
at least four candidate sites by September 1, 1983.  The council 
shall evaluate sites for candidacy on the basis of at least the 
following factors:  local land use and land use controls, the 
protection of agriculture and natural resources, existing and 
future development patterns, transportation facilities, distance 
from the points of generation, and the intrinsic suitability of 
sites compared with other potential sites.  Notwithstanding any 
plan, charter provision, law, ordinance, regulation, or other 
requirement of the council, counties, or local units of 
government, no land shall be excluded from consideration for 
candidacy except land determined by the agency to be 
intrinsically unsuitable.  No site shall be selected for 
candidacy unless the agency certifies its intrinsic suitability 
for the use intended, based on preliminary environmental 
analysis and on-site surveys and investigations conducted by the 
council.  The council shall provide to the agency data relating 
to the intrinsic suitability of the sites to be proposed as 
candidate sites as soon as available but no later than August 
15, 1981.  By September 1, 1981, The council shall propose at 
least six locations as candidate sites and the director of the 
agency shall issue a notice indicating which of those sites the 
director recommends be certified as intrinsically suitable.  The 
director shall publish notice of a consolidated hearing on the 
recommendation.  Notice shall be published in the state register 
and newspapers of general circulation in the metropolitan area 
and shall be sent by mail to local government units containing a 
proposed candidate site.  The hearing shall be conducted by the 
state office of administrative hearings in a manner consistent 
with the completion of the proceedings and the hearing 
examiner's report to the agency in the time allowed by this 
section.  The hearing shall afford all interested persons an 
opportunity to testify and present evidence on the subject of 
the hearing.  The subject of the hearing shall be limited to 
information submitted by the council and additional information 
on the proposed sites which is relevant to the agency's decision 
on intrinsic suitability.  The rulemaking and contested case 
procedures of chapter 14 shall not apply to this hearing.  The 
report of the hearing examiner shall contain findings of fact, 
conclusions, and recommendations on the subject of the hearing.  
The agency shall make a final determination as to the intrinsic 
suitability of each proposed site and shall certify them 
accordingly by December 1, 1981 within 90 days of the council's 
proposal of a site.  The agency shall not be required to 
promulgate rules pursuant to chapter 14 on criteria and 
standards to govern its certification of intrinsic suitability 
under this section.  No action of the agency shall be held 
invalid by reason of the agency's failure to notify any of the 
entities listed in this subdivision.  In selecting candidate 
sites, the council shall prefer land which is capable of being 
returned to its existing use or the use anticipated in a plan of 
a metropolitan agency, county, or local unit of government use 
after closure of a disposal facility. 
    Sec. 52.  Minnesota Statutes 1982, section 473.153, 
subdivision 5, is amended to read: 
    Subd. 5.  [ENVIRONMENTAL AND PERMIT REVIEW.] An 
environmental impact statement meeting the requirements of 
chapter 116D shall must be completed on each candidate site, 
provided that the environmental effects of the council's 
decisions required by subdivision 6.  The statement shall must 
be finally accepted or rejected within 280 days of the selection 
of candidate sites.  Within 90 days following the acceptance of 
the statement, the agency shall indicate the conditions and 
terms of approval of all permits needed at each candidate site 
prepared and reviewed in accordance with chapter 116D and the 
rules issued pursuant thereto, except as otherwise required by 
this section.  The statement must not address or reconsider 
alternatives eliminated from consideration pursuant to 
subdivisions 1 and 2 and must not address the matters to be 
decided by the council pursuant to subdivision 6b. 
    Sec. 53.  Minnesota Statutes 1982, section 473.153, is 
amended by adding a subdivision to read: 
    Subd. 5a.  [AGENCIES; REPORT ON PERMIT CONDITIONS AND 
APPLICATION REQUIREMENTS.] Within 30 days following the 
council's determination of adequacy pursuant to subdivision 5, 
the chief executive officer of each permitting state agency 
shall issue to the council reports on permit conditions and 
permit application requirements at each candidate site.  The 
reports must indicate, to the extent possible based on existing 
information, the probable terms, conditions, and requirements of 
permits and the probable supplementary documentation that will 
be required for permit applications.  The reports must be 
consistent with the establishment of facilities in accordance 
with the requirements of this section, must not address or 
reconsider alternatives eliminated from consideration under 
subdivisions 1 and 2, and must not address the matters to be 
decided by the council pursuant to subdivision 6b.  
    Sec. 54.  Minnesota Statutes 1982, section 473.153, 
subdivision 6, is amended to read: 
    Subd. 6.  [COUNCIL SITE SELECTION.] Within 90 days 
following the agency's decision on permit conditions and terms 
determination of adequacy, the council shall select at least one 
of the candidate sites for acquisition and development by the 
commission.  Before its selection the council shall consult with 
the advisory committee and affected counties, cities, and towns. 
    Sec. 55.  Minnesota Statutes 1982, section 473.153, 
subdivision 6b, is amended to read: 
    Subd. 6b.  [CERTIFICATION OF NEED.] No new facility for 
disposing of sludge, ash, and other waste generated by the 
commission shall be permitted in the metropolitan area without a 
certification of need issued by the council indicating the 
council's determination:  
    (a) that the disposal of waste with concentrations of 
hazardous materials is necessary; and 
    (b) that the additional ash disposal capacity planned for 
the facility is needed.  
    The council shall certify need only to the extent that 
there are no feasible and prudent methods of reducing the 
concentrations of hazardous materials in the waste and no 
feasible and prudent alternatives to the ash disposal facility, 
including large-scale composting and co-composting of sludge, 
which would minimize adverse impact upon natural resources.  
Methods and alternatives that are speculative or conjectural 
shall not be deemed to be feasible and prudent.  Economic 
considerations alone shall not justify the certification of need 
or the rejection of methods or alternatives, including 
large-scale composting and co-composting of sludge as an 
alternative to incineration.  In its certification the council 
shall not consider alternatives which have been eliminated from 
consideration by the selection of sites pursuant to subdivisions 
2 and 6.  
    Sec. 56.  Minnesota Statutes 1982, section 473.153, is 
amended by adding a subdivision to read:  
    Subd. 6c.  [CERTIFICATION OF NEED; RESTRICTION.] No 
certification of need may be issued by the council pursuant to 
subdivision 6b until the report required by this subdivision is 
submitted to the legislative commission on waste management. 
The council shall submit the report by January 1, 1984.  The 
report shall evaluate the potential of large-scale sewage sludge 
composting and co-composting to reduce the need for sewage 
sludge incineration, sewage sludge ash disposal, and mixed 
municipal solid waste land disposal; recommend institutional 
arrangements necessary for the implementation of large-scale 
sewage sludge composting and co-composting; and compare the 
costs and benefits of composting and co-composting with the 
costs, including costs already incurred, and the benefits of 
incineration. 
    Sec. 57.  Minnesota Statutes 1982, section 473.803, 
subdivision 1a, is amended to read: 
    Subd. 1a.  [PROPOSED INVENTORY OF DISPOSAL SITES.] By 
October 15, 1981, each county shall adopt, by resolution of its 
governing body, an inventory of four proposed sites in the 
county suitable for mixed municipal solid waste disposal 
facilities and one proposed site in the county suitable for the 
disposal of demolition debris and shall submit the inventory to 
the council for approval or disapproval.  The council shall 
evaluate and approve or disapprove each proposed site in 
accordance with the standards set out in this subdivision.  
Except as otherwise provided in this subdivision, each site 
shall satisfy the standards and criteria in federal and state 
regulations and the council's policy plan for solid waste 
management.  In proposing and approving sites for the inventory, 
the counties and the council shall prefer land which is capable 
of being returned to its existing use or the use anticipated in 
a plan of a metropolitan agency, county, or local unit of 
government use after closure of a disposal facility.  Each site 
shall contain no less than 80 acres and no more than 250 acres.  
Each proposed site shall be surrounded by a buffer area at least 
equal to the area of the site.  No site shall be adopted by a 
county or the council as part of an inventory unless the agency 
certifies its intrinsic suitability for the use intended, based 
on preliminary environmental analysis and on site surveys and 
investigations conducted by the county. Notwithstanding any 
plan, charter provision, law, ordinance, regulation, or other 
requirement of any state agency or political subdivision, no 
land shall be excluded from consideration for inclusion in the 
inventory except land determined by the agency to be 
intrinsically unsuitable.  Each county shall provide to the 
agency data relating to the intrinsic suitability of the sites 
to be proposed for the inventory as soon as available but no 
later than June 15, 1981.  By July 1, 1981 each county shall 
propose at least the number of sites required for the inventory, 
and the director of the agency shall issue a notice indicating 
which of those sites the director recommends be certified as 
intrinsically suitable.  Notice of hearings on the director's 
recommendation shall be published in the state register and 
newspapers of general circulation in the metropolitan area and 
shall be sent by mail to the metropolitan council and local 
government units containing a proposed inventory site.  A 
hearing shall be held in each metropolitan county and shall be 
conducted by the state office of administrative hearings in a 
manner consistent with the completion of the proceedings and the 
hearing examiner's report to the agency in the time allowed by 
this section.  The hearing shall afford all interested persons 
an opportunity to testify and present evidence on the subject of 
the hearing.  The subject of the hearing shall be limited to 
information submitted by the county and additional information 
on the proposed sites which is relevant to the agency's decision 
on intrinsic suitability.  The rulemaking and contested case 
procedures of chapter 14 shall not apply to this hearing.  The 
report of the hearing examiner shall contain findings of fact, 
conclusions, and recommendations on the subject of the hearing.  
The agency shall make a final determination as to the intrinsic 
suitability of each proposed site and shall certify them 
accordingly by October 1, 1981 within 90 days of the county's 
proposal of a site.  The agency shall not be required to 
promulgate rules pursuant to chapter 15 on criteria and 
standards to govern its certification of intrinsic suitability 
under this section.  No action of the agency shall be held 
invalid by reason of the agency's failure to notify any of the 
entities listed in this subdivision.  The council shall evaluate 
each site with respect to local land use and land use controls, 
the protection of agriculture and natural resources, existing 
and future development patterns, transportation facilities and 
other services and facilities appropriate to land disposal 
facilities, the quality of other potential sites, and patterns 
of generation of solid waste.  The council shall notify a county 
of any site proposed by the county which the council disapproves 
and shall allow the county 60 days to propose an alternative 
site.  If the county fails to propose an alternative acceptable 
to the council in the time allowed, the council shall propose a 
site acceptable to it for inclusion in the inventory of sites in 
that county.  If in the council's judgment a county does not 
contain the requisite number of satisfactory sites, the council 
may reduce the number of sites required of that county.  
    In order to permit the comparative evaluation of sites and 
the participation of affected localities in decisions about the 
use of sites, a moratorium is hereby imposed as provided in this 
subdivision on development within the area of each site and 
buffer area proposed by a county, pending the council's adoption 
of an inventory pursuant to section 473.149, subdivision 2b. For 
sites and buffer areas included in the council's inventory, the 
moratorium shall extend until October 1, 1983, except that the 
council may at any time, with the approval of the county in 
which the site is located, abrogate the application of the 
moratorium to a specific site or sites or buffer areas.  No 
development shall be allowed to occur within the area of a site 
or buffer area during the period of the moratorium without the 
approval of the council.  No county, city, or town land use 
control shall permit development which has not been approved by 
the council, nor shall any county, city, or town sanction or 
approve any subdivision, permit, license, or other authorization 
which would allow development to occur which has not been 
approved by the council.  The council shall not approve actions 
which would jeopardize the availability of a site for use as a 
solid waste facility.  The council may establish guidelines for 
reviewing requests for approval under this subdivision. Requests 
for approval shall be submitted in writing to the chairman of 
the council and shall be deemed to be approved by the council 
unless the chairman otherwise notifies the submitter in writing 
within 15 days.  
    Sec. 58.  Minnesota Statutes 1982, section 473.803, 
subdivision 1b, is amended to read: 
    Subd. 1b.  [LAND DISPOSAL ABATEMENT.] By April 1, 1982, 
after considering the council's disposal abatement report 
submitted to the counties pursuant to section 473.149, 
subdivision 2a, each county shall submit to the council a 
proposal to reduce to the greatest feasible and prudent extent 
the need for and practice of land disposal of mixed municipal 
solid waste.  The proposal shall address at least waste 
reduction, separation, and resource recovery.  The proposal 
shall include objectives, immediately and over specified time 
periods, for reducing the land disposal of mixed municipal solid 
waste generated within the county.  The proposal shall describe 
specific functions to be performed and activities to be 
undertaken by the county and cities and towns within the county 
to achieve the objectives and shall describe the estimated cost, 
proposed manner of financing, and timing of the functions and 
activities.  The proposal shall include alternatives which could 
be used to achieve the objectives if the proposed functions and 
activities are not established.  By June 1, 1983, Each county 
shall revise its master plan to include a land disposal 
abatement element to implement the council's land disposal 
abatement plan adopted under section 473.149, subdivision 2d, 
and shall submit the revised plan to the council for review 
under subdivision 2 within nine months after the adoption of the 
council's abatement plan.  The proposal and master plan revision 
required by this subdivision shall be prepared in consultation 
with cities and towns within the county, particularly the cities 
and towns in which a solid waste disposal facility is or may be 
located pursuant to the county master plan.  
    Sec. 59.  [473.806] [INVENTORY OF DISPOSAL SITES; 
DEVELOPMENT LIMITATIONS.] 
    Subdivision 1.  [COUNCIL APPROVAL REQUIRED.] In order to 
permit the comparative evaluation of sites and the participation 
of affected localities in decisions about the use of sites, a 
metropolitan development limitation is hereby imposed as 
provided in this subdivision on development within the area of 
each site and buffer area proposed by a county pursuant to 
section 473.803, subdivision 1a, pending the council's adoption 
of an inventory pursuant to section 473.149, subdivision 2b. 
For sites and buffer areas included in the council's inventory, 
the limitation shall extend until 90 days following the 
selection of sites pursuant to section 473.833, subdivision 3, 
except that the council may at any time, with the approval of 
the county in which the site is located, abrogate the 
application of the limitation to a specific site or sites or 
buffer areas.  No development shall be allowed to occur within 
the area of a site or buffer area during the period of the 
metropolitan development limitation without the approval of the 
council.  No county, city, or town land use control shall permit 
development which has not been approved by the council, nor 
shall any county, city, or town sanction or approve any 
subdivision, permit, license, or other authorization which would 
allow development to occur which has not been approved by the 
council.  The council shall not approve actions which would 
jeopardize the availability of a site for use as a solid waste 
facility.  The council may establish guidelines for reviewing 
requests for approval under this subdivision.  Requests for 
approval shall be submitted in writing to the chairman of the 
council and shall be deemed to be approved by the council unless 
the chairman otherwise notifies the submitter in writing within 
15 days.  
    Subd. 2.  [ACQUISITION OF TEMPORARY DEVELOPMENT RIGHTS.] If 
pursuant to subdivision 1 the council refuses to approve 
development which is permitted by local development plans, land 
use classification, and zoning and other official controls 
applying to the property on February 1, 1983, the land owner may 
elect to have the county purchase temporary development rights 
to the property for the period extending from the date when the 
council approved the site which affects the property for 
inclusion in the metropolitan inventory of sites until July 1, 
1985.  The election must be made within 30 days of the council's 
decision to refuse to approve development.  The council shall 
provide funds, from the proceeds of the bonds issued pursuant to 
section 473.831, for the county to purchase the temporary 
development rights.  The land owner's compensation shall be 
determined by the agreement of the owner, the county, and the 
council.  If the parties cannot agree within 60 days of the 
owner's election, the county shall acquire the temporary 
development rights through eminent domain proceedings, and the 
land owner's compensation shall be the fair market value of the 
temporary development rights.  
    Sec. 60.  Minnesota Statutes 1982, section 473.811, 
subdivision 1a, is amended to read: 
    Subd. 1a.  [RIGHT OF ACCESS.] Whenever the county or county 
site selection authority deems it necessary to the evaluation of 
a waste facility for enforcement purposes or to the evaluation 
of a site or buffer area for inclusion in the inventory of 
disposal sites pursuant to section 473.149, subdivision 2b, and 
section 473.803, subdivision 1a, or for selection or final 
acquisition under section 473.833, or for the accomplishment of 
any other purpose under sections 473.149, 473.153, and 473.801 
to 473.834, the county, county site selection authority or any 
member, employee, or agent thereof, when authorized by it, may 
enter upon any property, public or private, for the purpose of 
obtaining information or conducting surveys or investigations, 
provided that the entrance and activity is undertaken after 
reasonable notice and during normal business hours and provided 
that compensation is made for any damage to the property caused 
by the entrance and activity. 
    Sec. 61.  Minnesota Statutes 1982, section 473.823, 
subdivision 6, is amended to read: 
    Subd. 6.  [COUNCIL; CERTIFICATION OF NEED.] No new mixed 
municipal solid waste disposal facility shall be permitted in 
the metropolitan area without a certificate of need issued by 
the council indicating the council's determination that the 
additional disposal capacity planned for the facility is needed 
in the metropolitan area.  The council shall amend its policy 
plan, adopted pursuant to section 473.149, to include standards 
and procedures for certifying need.  The standards and 
procedures shall be based on the council's disposal abatement 
plan adopted pursuant to section 473.149, subdivision 2d, and 
the abatement master plans of counties adopted pursuant to 
section 473.803, subdivision 1b.  The council shall certify need 
only to the extent that there are no feasible and prudent 
alternatives to the disposal facility, including waste 
reduction, source separation and resource recovery which would 
minimize adverse impact upon natural resources.  Alternatives 
that are speculative or conjectural shall not be deemed to be 
feasible and prudent.  Economic considerations alone shall not 
justify the certification of need or the rejection of 
alternatives.  In its certification the council shall not 
consider alternatives which have been eliminated from 
consideration by the adoption of the inventory pursuant to 
section 473.149, subdivision 2b, or the selection of sites under 
section 473.833, subdivision 3.  
    Sec. 62.  Minnesota Statutes 1982, section 473.831, is 
amended to read: 
    473.831 [DEBT OBLIGATIONS; SOLID WASTE DISPOSAL.] 
    Subdivision 1.  [GENERAL OBLIGATION BONDS.] The council may 
by resolution authorize the issuance of general obligation bonds 
of the council to provide funds for the environmental analysis 
and acquisition of permanent or temporary right, title, or 
interest in real property, including easements and development 
rights, for sites and surrounding buffer areas for development 
as solid waste disposal facilities pursuant to this section and 
section 473.833 and to provide funds for refunding obligations 
issued under this section.  The bonds shall be sold, issued, and 
secured in the manner provided in chapter 475 for general 
obligation bonds, and the council shall have the same power and 
duties as a municipality and its governing body in issuing bonds 
under chapter 475, except as otherwise provided in this 
chapter.  No election shall be required, and the net debt 
limitations in chapter 475 shall not apply.  The council shall 
have the power levy ad valorem taxes for debt service of the 
council's solid waste bonds upon all taxable property within the 
metropolitan area, without limitation of rate or amount and 
without affecting the amount or rate of taxes which may be 
levied by the council for other purposes or by any local 
government unit in the area.  Each of the county auditors shall 
annually assess and extend upon the tax rolls in his county the 
portion of the taxes levied by the council in each year which is 
certified to him by the council.  The principal amount of bonds 
issued pursuant to this section shall not exceed $15,000,000. 
    Subd. 2.  [USE OF PROCEEDS.] The proceeds of bonds issued 
under subdivision 1 shall be used pursuant to section 473.833, 
by the council, for the purposes provided in subdivision 1 and 
to make grants to metropolitan counties to pay the cost of the 
environmental review of sites, the acquisition of development 
rights for all or part of the period that the development 
limitation imposed by section 473.806 is in effect, and the 
acquisition of all property or interests in property for solid 
waste disposal sites and surrounding buffer areas required to be 
acquired by the county, pursuant to section 473.833, by the 
council's policy plan and development schedule adopted pursuant 
to section 473.149, subdivision 2e.  If the council is required 
by law or regulation to prepare environmental analyses on one or 
more solid waste disposal sites and surrounding buffer areas, 
the council may use the proceeds of the bonds issued under 
subdivision 1 to contract for consultant services in the 
preparation of such analyses only upon a finding that equivalent 
expertise is not available among its own staff.  
    Sec. 63.  Minnesota Statutes 1982, section 473.833, 
subdivision 2a, is amended to read: 
    Subd. 2a.  [ENVIRONMENTAL ANALYSIS IMPACT STATEMENT.] By 
January 1, 1983, Each metropolitan county shall complete an 
analysis comparing environmental impact statement on the 
environmental effects of solid waste disposal facilities at the 
sites in the county which are included in the metropolitan 
inventory of solid waste disposal sites adopted by the 
metropolitan council pursuant to section 473.149, subdivision 2b 
the decision required by subdivision 3.  The analysis statement 
shall be in detail sufficient, in the judgment of the county 
board, to inform adequately the county site selection authority 
established under subdivision 3 of the environmental effects of 
facilities at sites within the county and to assure that 
facilities at the sites can reasonably be expected to qualify 
for permits in accordance with the rules of the agency prepared 
and reviewed in accordance with chapter 116D and the rules 
issued pursuant thereto, except as otherwise required by section 
473.149 and this section.  The determination of adequacy must be 
made within one year following the council's adoption of the 
facilities development schedule pursuant to section 473.149, 
subdivision 2e.  The statement must be consistent with the 
establishment of facilities in accordance with the requirements 
of the council's development schedule, must not address or 
reconsider alternatives eliminated from consideration under 
sections 473.149, 473.803, subdivisions 1, 1a, and 1b, and this 
section, and must not address matters to be determined by the 
council under section 473.823, subdivision 6.  The statement 
must address matters respecting permitting under section 473.823 
only to the extent deemed necessary for the siting decision 
required by subdivision 3 of this section.  The pollution 
control agency and the council shall assist and advise counties 
in the scoping decision and the preparation notice. 
    Sec. 64.  Minnesota Statutes 1982, section 473.833, is 
amended by adding a subdivision to read: 
    Subd. 2b.  [AGENCIES; COUNCIL; REPORT ON PERMIT CONDITIONS 
AND APPLICATION REQUIREMENTS.] Within 30 days following the 
county's determination of adequacy under subdivision 2a, the 
chief executive officer of the metropolitan council and each 
permitting state agency shall issue to the county reports on 
permit conditions and permit application requirements at each 
site in the county.  The reports must indicate, to the extent 
possible based on existing information, the probable terms, 
conditions, and requirements of permits and the probable 
supplementary documentation and environmental review that will 
be required for permit applications pursuant to chapter 116 and 
section 473.823.  A report may recommend that a site should be 
dropped from consideration because of information in the 
environmental impact statement showing that the site is 
environmentally unsuitable for land disposal and unlikely to 
qualify for permits.  The reports must be consistent with the 
establishment of facilities in accordance with the requirements 
of the council's development schedule adopted under section 
473.149, subdivision 2e, must not address or reconsider 
alternatives eliminated from consideration under sections 
473.149, 473.803, subdivisions 1, 1a, and 1b, and this section, 
and must not address matters to be determined by the council 
under section 473.823, subdivision 6.  
    Sec. 65.  Minnesota Statutes 1982, section 473.833, 
subdivision 3, is amended to read: 
    Subd. 3.  [COUNTY SITE SELECTION AUTHORITIES.] Each 
metropolitan county shall establish a site selection authority.  
By June 1, 1983 Within 90 days following the county's 
determination of adequacy under subdivision 2a, each site 
selection authority shall select specific sites within the 
county from the council's disposal site inventory, in accordance 
with the procedures established by the council under section 
473.149, subdivision 2e, and in a number and capacity equal to 
that required by the council to be acquired by the county.  Each 
site selection authority shall be composed of the county board, 
plus one member appointed by the governing body of each city or 
town within the county containing a site in the council's 
disposal site inventory or the majority of the land contained 
within such a site.  If the number of members on the site 
selection authority who reside in a city or town containing all 
or part of a site or buffer area is equal to or greater than the 
number of members who do not, the chairman of the county board 
shall appoint to the authority an additional member or members, 
residing within the county but not within a city or town 
containing all or part of a site or buffer area, sufficient to 
assure a majority of one on the authority of members residing in 
cities and towns not containing all or any part of a site or 
buffer area.  The chairman of the county board shall be the 
chairman of the site selection authority.  If a site selection 
authority has not selected the requisite number and capacity of 
sites in accordance with the council's standards, criteria, and 
procedures by June 1, 1983 within the time allowed by this 
subdivision, the council shall make the selection.  
    Sec. 66.  Minnesota Statutes 1982, section 473.833, 
subdivision 7, is amended to read: 
    Subd. 7.  [FAILURE OF COUNTIES TO ACQUIRE; REPORT TO 
LEGISLATURE.] If any county fails to identify property for 
acquisition or if any county refuses to proceed with 
environmental analysis and acquisition, as required by this 
section and the council's disposal facility development schedule 
adopted pursuant to section 473.149, subdivision 2e, the council 
shall prepare and recommend to the legislature, no later than 
January 1, 1984, legislation to transfer solid waste management 
authority and responsibility in the metropolitan area from the 
counties to the waste control commission or a new metropolitan 
commission established for that purpose. 
    Sec. 67.  [SLUDGE INCINERATION.] 
    The metropolitan waste control commission established by 
section 473.503 may not acquire or expand additional 
incineration facilities, or plan or undertake studies for such 
acquisition and expansion, until the report required by section 
56 is submitted.  
    Sec. 68.  [COUNTY FINANCING OF FACILITIES.] 
    The counties of Washington and Ramsey, separately or 
jointly, may, by resolution, authorize the issuance of bonds or 
other obligations, including initial obligations in an amount 
not to exceed an aggregate amount of $4,000,000 issued to 
finance solely preliminary costs such as site acquisition and 
preparations and legal, engineering, financial, and planning 
services, to provide funds to acquire or better solid waste and 
related facilities, including transmission facilities and 
property or property rights for a solid waste or related 
facility, or to refund any outstanding obligations issued for 
that purpose.  
    Any later formation of a solid waste management district 
under Minnesota Statutes, chapter 115A, or contemplated sale or 
lease of any of the facilities or their work product to a 
private person, after the county or solid waste management 
district has incurred the costs of the facilities or work 
product, shall not restrict or limit the use of the proceeds of 
the bonds or other obligations.  
     The county may pledge to the payment of the obligations and 
the interest on them, 
    (a) its full faith, credit, and taxing powers;  
    (b) the proceeds of any designated tax levies;  
    (c) the gross or net revenues or charges to be derived from 
any facility operated by or for the county;  
    (d) the proceeds of any anticipating refunding obligations, 
state or federal loan or grant, or any sale of the facilities or 
their work product;  
    (e) any other funds of the county; or 
    (f) any combination of the foregoing.  
    Taxes levied for the payment of the obligations and 
interest shall not reduce the amounts of other taxes which the 
county is authorized by law to levy.  
    The proceeds of the bonds may be used in part to establish 
a reserve as further security for the payment of the principal 
and interest when due and to pay the cost of interest accruing 
on the obligations before six months after the date the 
facilities are first placed in service.  
     Revenue bonds issued pursuant to this section may be sold 
at public or private sale upon the conditions the county board 
shall determine, but any bonds to which the full faith and 
credit and taxing powers of the county are pledged shall be sold 
in accordance with Minnesota Statutes, chapter 475.  No election 
shall be required to authorize the issuance of the obligations, 
and the debt limitations of chapter 475 or other law shall not 
apply to the obligations.  The obligations may mature at a time 
or times, and in amounts, as the county board determines.  
     The county may covenant to refund, to the extent necessary, 
any temporary obligations with a term of no more than four 
years, in which event the tax which would otherwise be required 
by section 475.61, subdivision 1, need not be required.  The 
interest rate on temporary obligations may be fixed at the time 
of sale or be adjusted from time to time based on an index 
related to the cost of borrowing, and the price at which the 
temporary obligations may be sold may be at any amount 
determined most favorable by the county board, but the resulting 
composite interest rate may not exceed the rate permitted under 
section 475.55.  
    Except as provided in this section, the obligations shall 
be issued and sold in accordance with chapter 475.  
    Sec. 69.  [DISTRICT FORMATION.] 
    Notwithstanding any contrary provisions of Minnesota 
Statutes, section 115A.63, subdivision 3, or other law, Ramsey 
and Washington counties, before establishing a waste management 
district solely within their boundaries, need not demonstrate 
that they are unable to fulfill the purposes of a district 
through joint action under Minnesota Statutes, section 471.59.  
    Sec. 70.  [POWERS ADDITIONAL AND SUPPLEMENTAL.] 
    The powers conferred by sections 68 and 69 are in addition 
and supplemental to the powers conferred by any other law or 
charter.  Insofar as any other law or charter is inconsistent 
with sections 68 and 69, the provisions of sections 68 and 69 
control as to facilities authorized under those sections.  
    Sec. 71.  Laws 1980, chapter 449, section 3, is amended to 
read:  
    Sec. 3.  The city, by resolution of the city council, may 
borrow for the payment of capital costs of the system, may 
establish and collect from all public and private persons, 
including persons operating waste collection and delivery 
services, charges for the use and or availability of the 
facilities of the system, and.  The city may establish charges, 
and may levy special assessments upon properties deemed to be 
specially benefited by particular facilities, in the same manner 
and to the same extent and with the same force and effect as 
provided in the case of sewage treatment and disposal systems in 
Minnesota Statutes, Sections 115.46 and 444.075, and Chapter 429 
, as far as practicable.  Charges for availability of facilities 
may be established on any equitable basis including the cost of 
furnishing the facilities.  An election shall not be required 
upon the issuance of general obligation bonds or the incurring 
of any lease or purchase obligation for this purpose except as 
provided in section 4, and the bonds or other obligations shall 
not be included in computing the net debt of the city within the 
meaning of Minnesota Statutes, Chapter 475, but all special 
assessments levied for improvements to the system and all net 
revenues derived from charges for the use and availability of 
the system, in excess of current operating costs, shall be 
pledged for the payment of the bonds or obligations and 
interest, and the city council shall endeavor to establish and 
collect charges sufficient to provide net revenues, with 
collections of special assessments, at least equal to the total 
debt service. 
    Sec. 72.  [REPEALER.] 
    Minnesota Statutes 1982, sections 115A.23; 115A.27, 
subdivision 1; 116.07, subdivision 4c; and 116.41, subdivisions 
1 and 1a, are repealed.  
    Sec. 73.  [APPLICATION.] 
    Sections 46 to 67 are effective in the counties of Anoka, 
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.  Section 
71 is effective in the city of Austin in Mower County.  
    Sec. 74.  [EFFECTIVE DATE.] 
    Sections 1 to 67, 72, and 73 are effective the day 
following final enactment.  Sections 68 to 70 are effective the 
day after compliance with Minnesota Statutes, section 645.021, 
subdivision 3, by the governing bodies of both Ramsey and 
Washington counties.  Section 71 is effective the day after 
compliance with Minnesota Statutes, section 645.021, subdivision 
3, by the governing body of the city of Austin. 
    Approved June 14, 1983