Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1991, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1991
CHAPTER 337-H.F.No. 303
An act relating to waste management; making changes to
state and local government responsibility and
authority for waste management; placing emphasis on
waste reduction and recycling; establishing
specifications for recycled CFCs; adjusting waste
facility siting processes; abolishing the inventory
process for solid waste disposal facilities in the
metropolitan area; providing for an air quality
review; amending Minnesota Statutes 1990, sections
3.195, subdivision 1; 3.887, subdivision 5; 16B.122;
16B.61, subdivision 3a; 115A.02; 115A.03, subdivisions
17a and 21; 115A.06, subdivision 2; 115A.14,
subdivision 4; 115A.15, subdivisions 7 and 9;
115A.151; 115A.411, subdivision 1; 115A.46,
subdivision 1, and by adding a subdivision; 115A.49;
115A.53; 115A.551, subdivisions 1, 4, and by adding a
subdivision; 115A.552, subdivisions 1, 2, and by
adding a subdivision; 115A.554; 115A.557, subdivision
4; 115A.64, subdivision 2; 115A.67; 115A.83; 115A.84,
subdivision 2, and by adding a subdivision; 115A.86,
subdivision 5, and by adding a subdivision; 115A.882;
115A.9162, subdivision 2; 115A.919; 115A.921;
115A.923, subdivisions 1 and 1a; 115A.93, subdivision
3, and by adding a subdivision; 115A.931; 115A.94,
subdivision 4; 115A.9561; 115A.96, subdivision 6;
115A.97, subdivision 4; 115B.04, subdivision 4;
115B.22, subdivision 8; 116.07, subdivision 4j;
325E.042, subdivision 2; 325E.115, subdivision 1;
325E.1151, subdivision 3; 400.08, subdivision 1;
458D.07, subdivision 5, and by adding a subdivision;
473.149, subdivisions 2e and 4; 473.803, subdivisions
2 and 4; 473.811, subdivisions 1, 1a, 3, 4a, 5, 6, 7,
8, and 9; 473.823, subdivisions 5 and 6; 473.845,
subdivisions 3 and 4; 473.848, subdivision 2, and by
adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapters 115A; 116; and 473;
repealing Minnesota Statutes 1990, sections 16B.125;
115A.953; 325E.045; 473.149, subdivision 2b; 473.803,
subdivision 1a; 473.806; 473.831; 473.833; 473.840;
473.844, subdivision 3; and Laws 1989, chapter 325,
section 72, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1990, section 3.195,
subdivision 1, is amended to read:
Subdivision 1. [DISTRIBUTION OF REPORTS.] (a) A report to
the legislature required of a department or agency shall be
made, unless otherwise specifically required by law, by filing
one copy with the secretary of the senate, one copy with the
chief clerk of the house of representatives, and ten six copies
with the legislative reference library. The same distribution
procedure shall be followed for other reports and publications
unless otherwise requested by a legislator or the legislative
reference library.
(b) A public entity as defined in section 16B.122, shall
not distribute a report or publication to a member or employee
of the legislature, except the secretary of the senate, the
chief clerk of the house of representatives, and the legislative
reference library, unless the entity has determined that the
member or employee wants the reports or publications published
by that entity or the member or employee has requested the
report or publication. This prohibition applies to both
mandatory and voluntary reports and publications. A report or
publication may be summarized in an executive summary and
distributed as the entity chooses. Distribution of a report to
legislative committee or commission members during a committee
or commission hearing is not prohibited by this section.
(c) A report or publication produced by a public entity may
not be sent to both the home address and the office address of a
representative or senator unless mailing to both addresses is
requested by the representative or senator.
(d) Reports, publications, periodicals, and summaries under
this subdivision must be printed in a manner consistent with
section 16B.122.
Sec. 2. Minnesota Statutes 1990, section 3.887,
subdivision 5, is amended to read:
Subd. 5. [POWERS AND DUTIES.] (a) The legislative water
commission shall review water policy reports and recommendations
of the environmental quality board, the biennial report of the
board of water and soil resources, and other water-related
reports as may be required by law or the legislature.
(b) The commission shall oversee the activities of the
pollution control agency under sections 116.16 to 116.181
relating to water pollution control.
(b) (c) The commission may conduct public hearings and
otherwise secure data and comments.
(c) (d) The commission shall make recommendations as it
deems proper to assist the legislature in formulating
legislation.
(d) (e) Data or information compiled by the legislative
water commission or its subcommittees shall be made available to
the legislative commission on Minnesota resources and standing
and interim committees of the legislature on request of the
chair of the respective commission or committee.
Sec. 3. Minnesota Statutes 1990, section 16B.122, is
amended to read:
16B.122 [PURCHASE AND USE OF PAPER STOCK; PRINTING.]
Subdivision 1. [DEFINITIONS.] The definitions in this
subdivision apply to this section.
(a) "Office paper" means notepads, loose-leaf fillers,
tablets, and other paper commonly used in offices.
(b) "Postconsumer material" means a finished material that
would normally be discarded as a solid waste, having completed
its life cycle as a consumer item.
(c) "Practicable" means capable of being used, consistent
with performance, in accordance with applicable specifications,
and availability within a reasonable time.
(c) (d) "Printing paper" means paper designed for printing,
other than newsprint, such as offset and publication paper.
(d) (e) "Public agency entity" means the state, an office,
agency, or institution of the state, the metropolitan council, a
metropolitan agency, the metropolitan mosquito control district,
the legislature, the courts, a county, a statutory or home rule
charter city, a town, a school district, another special taxing
district, or any contractor acting pursuant to a contract with a
public agency entity.
(e) (f) "Soy-based ink" means printing ink made from soy
oil.
(g) "Uncoated" means not coated with plastic, clay, or
other material used to create a glossy finish.
Subd. 2. [PURCHASE REQUIRED PURCHASES; PRINTING.] (a)
Whenever practicable, a public agency entity shall:
(1) purchase uncoated office paper and printing
paper whenever practicable.;
(2) purchase recycled content paper with at least ten
percent postconsumer material by weight;
(3) purchase paper which has not been dyed with colors,
excluding pastel colors;
(4) purchase recycled content paper that is manufactured
using little or no chlorine bleach or chlorine derivatives;
(5) use no more than two colored inks, standard or
processed, except in formats where they are necessary to convey
meaning;
(6) use reusable binding materials or staples and bind
documents by methods that do not use glue;
(7) use soy-based inks; and
(8) produce reports, publications, and periodicals that are
readily recyclable within the state resources recovery program.
(b) Paragraph (a), clause (1), does not apply to coated
paper that is made with at least 50 percent fiber that has been
recycled after use by a consumer.
(c) A public entity shall print documents on both sides of
the paper where commonly accepted publishing practices allow.
Sec. 4. Minnesota Statutes 1990, section 16B.61,
subdivision 3a, is amended to read:
Subd. 3a. [RECYCLING SPACE.] The code must require
suitable space for the separation, collection, and temporary
storage of recyclable materials within or adjacent to new or
significantly remodeled structures that contain 1,000 square
feet or more. Residential structures with less fewer than 12
four dwelling units are exempt from this subdivision.
Sec. 5. Minnesota Statutes 1990, section 115A.02, is
amended to read:
115A.02 [LEGISLATIVE DECLARATION OF POLICY; PURPOSES.]
(a) It is the goal of this chapter to improve waste
management in the state to serve the following purposes:
(1) Reduction in waste generated;
(2) Separation and recovery of materials and energy from
waste;
(3) Reduction in indiscriminate dependence on disposal of
waste;
(4) Coordination of solid waste management among political
subdivisions; and
(5) Orderly and deliberate development and financial
security of waste facilities including disposal facilities.
(b) The waste management goal of the state is to foster an
integrated waste management system in a manner appropriate to
the characteristics of the waste stream. The following waste
management practices are in order of preference:
(1) waste reduction and reuse;
(2) waste recycling and yard waste composting;
(3) composting of yard waste and food waste;
(4) resource recovery through mixed municipal solid waste
composting or incineration; and
(4) (5) land disposal.
Sec. 6. Minnesota Statutes 1990, section 115A.03,
subdivision 17a, is amended to read:
Subd. 17a. [MAJOR APPLIANCES.] "Major appliances" means
clothes washers and dryers, dishwashers, hot water
heaters, residential furnaces, garbage disposals, trash
compactors, conventional and microwave ovens, ranges and stoves,
air conditioners, dehumidifiers, refrigerators, and freezers.
Sec. 7. Minnesota Statutes 1990, section 115A.03,
subdivision 21, is amended to read:
Subd. 21. [MIXED MUNICIPAL SOLID WASTE.] "Mixed municipal
solid waste" means garbage, refuse, and other solid waste from
residential, commercial, industrial, and community
activities which is generated and collected in aggregate that
the generator of the waste aggregates for collection, but does
not include auto hulks, street sweepings, ash, construction
debris, mining waste, sludges, tree and agricultural wastes,
tires, lead acid batteries, used oil, and other materials
collected, processed, and disposed of as separate waste streams.
Sec. 8. Minnesota Statutes 1990, section 115A.06,
subdivision 2, is amended to read:
Subd. 2. [RULES.] Unless otherwise provided, the
office director shall promulgate rules in accordance with
chapter 15 14 to govern its activities and implement sections
115A.01 to 115A.72 chapter 115A.
Sec. 9. Minnesota Statutes 1990, section 115A.14,
subdivision 4, is amended to read:
Subd. 4. [POWERS AND DUTIES.] (a) The commission shall
oversee the activities of the office under this chapter, agency,
and metropolitan council relating to solid and hazardous waste
management, the activities of the agency under sections 116.16
to 116.181 relating to water pollution control, and the
activities of the metropolitan council relating to metropolitan
waste management under sections 473.801 to 473.848, and direct
such changes or additions in the work plan of the office and,
agency, and council relating to solid and hazardous waste
management as it the commission deems fit.
(b) The commission shall make recommendations to the
standing legislative committees on finance and appropriations
for appropriations from:
(1) the environmental response, compensation, and
compliance account in the environmental fund under section
115B.20, subdivision 5;
(2) the metropolitan landfill abatement account under
section 473.844; and
(3) the metropolitan landfill contingency action trust fund
under section 473.845.
(c) The commission may conduct public hearings and
otherwise secure data and expressions of opinion. The
commission shall make such recommendations as it deems proper to
assist the legislature in formulating legislation. Any data or
information compiled by the commission shall be made available
to any standing or interim committee of the legislature upon
request of the chair of the respective committee.
Sec. 10. Minnesota Statutes 1990, section 115A.15,
subdivision 7, is amended to read:
Subd. 7. [WASTE REDUCTION PROCUREMENT MODEL.] To reduce
the amount of solid waste generated by the state and to provide
a model for other public and private procurement systems, the
commissioner, in cooperation with the director of the office of
waste management, shall develop waste reduction procurement
programs, including an expanded life cycle costing system for
procurement of durable and repairable items by November 1,
1991. On implementation of the model procurement system, the
commissioner, in cooperation with the director, shall develop
and distribute informational materials for the purpose of
promoting the procurement model to other public and private
entities under section 115A.072, subdivision 4.
Sec. 11. Minnesota Statutes 1990, section 115A.15,
subdivision 9, is amended to read:
Subd. 9. [RECYCLING GOAL.] By December 31, 1993, the
commissioner shall recycle at least 40 percent by weight of the
solid waste generated by state offices and other state
operations located in the metropolitan area. The commissioner
must keep records of the recycling and composting operation and
share them annually with the metropolitan council and counties
to assist the council and the counties in their data collection
efforts. By August 1 of each year the commissioner shall report
to the office and the metropolitan council the recycling rates
by county for state offices and other state operations in the
metropolitan area for the previous fiscal year. The office
shall incorporate these figures into the reports submitted by
the counties under section 115A.557, subdivision 3, to determine
each county's progress toward the goal in section 115A.551,
subdivision 2.
Each state agency in the metropolitan area shall work to
meet the recycling goal individually. If the goal is not met by
an agency, the commissioner shall notify that agency that the
goal has not been met and the reasons the goal has not been met
and shall provide information to the employees in the agency
regarding recycling opportunities and expectations.
Sec. 12. Minnesota Statutes 1990, section 115A.151, is
amended to read:
115A.151 [STATE AND LOCAL FACILITIES.]
By January 1, 1991, a state agency or local unit of
government or school district in the metropolitan area or by
January 1, 1993, a state agency or local unit of government or
school district outside of the metropolitan area shall:
(1) ensure that facilities under its control, from which
mixed municipal solid waste is collected, have containers for at
least three of the following recyclable materials: paper,
glass, plastic, and metal; and
(2) transfer all recyclable materials collected to a
recycler.
Sec. 13. [115A.31] [LOCAL GOVERNMENT DECISIONS;
TIMELINES.]
If a county applies for or requests approval of
establishment of a solid waste facility within the boundaries of
a local government unit, the local government unit shall approve
or disapprove the application or request within 120 days
following the delivery by the county to the local government
unit of the application or request completed in accordance with
the requirements of applicable local ordinances.
If the proposed facility is one for which an environmental
impact statement or environmental assessment worksheet is
required under section 116D.04, the local government unit shall
approve or disapprove the application or request within 90 days
after the final determination of adequacy of the environmental
impact statement or environmental assessment worksheet.
Sec. 14. Minnesota Statutes 1990, section 115A.411,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY; PURPOSE.] The office and
director with assistance from the agency commissioner shall
jointly prepare and adopt a report on solid waste management
policy excluding the metropolitan area. The report must be
adopted by November 15 of each even-numbered year beginning in
1988. The report must be submitted by the office and the agency
jointly director to the legislative commission on waste
management by November 15 of each even-numbered year and may
include reports required under sections 115A.551, subdivision 4,
and 115A.557, subdivision 4.
Sec. 15. Minnesota Statutes 1990, section 115A.46,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] (a) Plans shall address the
state policies and purposes expressed in section 115A.02 and may
not be inconsistent with state law.
(b) Plans for the location, establishment, operation,
maintenance, and postclosure use of facilities and facility
sites, for ordinances, and for licensing, permit, and
enforcement activities shall be consistent with the rules
adopted by the agency pursuant to chapter 116.
(c) Plans shall address:
(1) the resolution of conflicting, duplicative, or
overlapping local management efforts. Plans shall address;
(2) the establishment of joint powers management programs
or waste management districts where appropriate. Plans shall
address; and
(3) other matters as the rules of the office may require
consistent with the purposes of sections 115A.42 to 115A.46.
(d) Political subdivisions preparing plans under sections
115A.42 to 115A.46 shall consult with persons presently
providing solid waste collection, processing, and disposal
services.
(e) Plans shall must be approved by submitted to the
office director, or the metropolitan council pursuant to section
473.803, for approval. When a county board is ready to have a
final plan approved, the county board shall submit a resolution
requesting review and approval by the director or the
metropolitan council. After receiving the resolution, the
director or the metropolitan council shall notify the county
within 45 days whether the plan as submitted is complete and, if
not complete, the specific items that need to be submitted to
make the plan complete. Within 90 days after a complete plan
has been submitted, the director or the metropolitan council
shall approve or disapprove the plan. If the plan is
disapproved, reasons for the disapproval must be provided.
(f) After initial approval, each plan shall must be updated
and submitted for approval every five years and. The plan must
be revised as necessary for further approval so that it is not
inconsistent with state law.
Sec. 16. Minnesota Statutes 1990, section 115A.46, is
amended by adding a subdivision to read:
Subd. 5. [JURISDICTION OF PLAN.] (a) After a county plan
has been submitted for approval under subdivision 1, a political
subdivision within the county may not enter into a binding
agreement governing a solid waste management activity that is
inconsistent with the county plan without the consent of the
county.
(b) After a county plan has been approved under subdivision
1, the plan governs all solid waste management in the county and
a political subdivision within the county may not develop or
implement a solid waste management activity, other than an
activity to reduce waste generation or reuse waste materials,
that is inconsistent with the county plan that the county is
actively implementing without the consent of the county.
Sec. 17. Minnesota Statutes 1990, section 115A.49, is
amended to read:
115A.49 [ESTABLISHMENT; PURPOSES AND PRIORITIES.]
There is established a program to encourage and assist
cities, counties, solid waste management districts, and sanitary
districts in the development and implementation of solid waste
management projects and to transfer the knowledge and experience
gained from such projects to other communities in the state.
The program must be administered to encourage local communities
to develop feasible and prudent alternatives to disposal,
including waste reduction; waste separation by generators,
collectors, and other persons; and waste processing. The
director shall administer the program must be administered by
the office in accordance with the requirements of sections
115A.49 to 115A.54 and rules promulgated by the office pursuant
to under chapter 14. In administering the program, the office
director shall give priority to projects in the order of
preference of the waste management practices listed in section
115A.02. The director shall give special consideration to areas
where natural geologic and soil conditions are especially
unsuitable for land disposal of solid waste; areas where the
capacity of existing solid waste disposal facilities is
determined by the office director to be less than five years;
and projects serving more than one local government unit.
Sec. 18. Minnesota Statutes 1990, section 115A.53, is
amended to read:
115A.53 [WASTE REDUCTION AND SEPARATION PROJECTS.]
The office director shall provide grants to develop and
implement projects for waste reduction; waste separation by
generators, collectors, and other persons; and collection
systems for separated waste. Activities eligible for assistance
under this section include legal, financial, economic,
educational, marketing, social, governmental, and administrative
activities related to the development and implementation of the
project. Preliminary planning and development, feasibility
study, and conceptual design costs are eligible activities, but
no more than 20 percent of program funds shall be used to fund
those activities. Projects may include the management of
household hazardous waste, as defined in section 115A.96. The
director shall give priority to innovative methods for waste
separation for reuse and recycling. The rules of the
office director shall prescribe by rule the level or levels of
local funding required for grants under this section.
Sec. 19. Minnesota Statutes 1990, section 115A.551,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] (a) For the purposes of this
section, "recycling" means, in addition to the meaning given in
section 115A.03, subdivision 25b, yard waste composting, and
recycling that occurs through mechanical or hand separation of
materials that are then delivered for reuse in their original
form or for use in manufacturing processes that do not cause the
destruction of recyclable materials in a manner that precludes
further use.
(b) For the purposes of this section, "total solid waste
generation" means the total by weight of:
(1) materials separated for recycling;
(2) materials separated for yard waste composting; and
(3) mixed municipal solid waste plus yard waste, used oil,
tires, lead acid batteries, and major appliances; and
(4) residential waste materials that would be mixed
municipal solid waste but for the fact that they are not
collected as such.
Sec. 20. Minnesota Statutes 1990, section 115A.551, is
amended by adding a subdivision to read:
Subd. 2a. [SUPPLEMENTARY RECYCLING GOALS.] By July 31,
1996, each county will have as a goal to recycle the following
amounts:
(1) for a county outside of the metropolitan area, 30
percent by weight of total solid waste generation;
(2) for a metropolitan county, 45 percent by weight of
total solid waste generation.
Each county will develop and implement or require political
subdivisions within the county to develop and implement
programs, practices, or methods designed to meet its recycling
goal. Nothing in this section or in any other law may be
construed to prohibit a county from establishing a higher
recycling goal. For the purposes of this subdivision "total
solid waste generation" has the meaning given it in subdivision
1, except that it does not include yard waste.
Sec. 21. Minnesota Statutes 1990, section 115A.551,
subdivision 4, is amended to read:
Subd. 4. [INTERIM MONITORING.] The office, for counties
outside of the metropolitan area, and the metropolitan council,
for counties within the metropolitan area, shall monitor the
progress of each county toward meeting the recycling goal in
subdivision 2 and shall report to the legislative commission on
waste management on the progress of the counties by November 1
15 of each year. If the office or the council finds that a
county is not progressing toward the goal in subdivision 2, it
shall negotiate with the county to develop and implement solid
waste management techniques designed to assist the county in
meeting the goal, such as organized collection, curbside
collection of source-separated materials, and volume-based
pricing.
In even-numbered years the progress report may be included
in the solid waste management policy report required under
section 115A.411.
Sec. 22. Minnesota Statutes 1990, section 115A.552,
subdivision 1, is amended to read:
Subdivision 1. [COUNTY REQUIREMENT.] Counties shall ensure
that residents, including residents of single and multifamily
dwellings, have an opportunity to recycle. At least one
recycling center shall be available in each county. Opportunity
to recycle means availability of recycling and curbside pickup
or collection centers for recyclable materials at sites that are
convenient for persons to use. Counties shall also provide for
the recycling of problem materials and major appliances.
Counties shall assess the operation of existing and proposed
recycling centers and shall give due consideration to those
centers in ensuring the opportunity to recycle. To the extent
practicable, the costs incurred by a county for collection,
storage, transportation, and recycling of major appliances must
be collected from persons who discard the major appliances.
Sec. 23. Minnesota Statutes 1990, section 115A.552,
subdivision 2, is amended to read:
Subd. 2. [RECYCLING OPPORTUNITIES.] An opportunity to
recycle must include:
(1) a local recycling center in the county and sites for
collecting recyclable materials that are located in areas
convenient for persons to use them;
(2) curbside pickup, centralized drop-off, or a local
recycling center for at least four kinds broad types of
recyclable materials in cities with a population of 5,000 or
more persons; and
(3) monthly pickup of at least four broad types of
recyclable materials in cities of the first and second class and
cities with 5,000 or more population in the metropolitan area.
Sec. 24. Minnesota Statutes 1990, section 115A.552, is
amended by adding a subdivision to read:
Subd. 4. [NONRESIDENTIAL RECYCLING.] Each county shall
encourage building owners and managers, business owners and
managers, and collectors of commercial mixed municipal solid
waste to provide appropriate recycling services and
opportunities to generators of commercial, industrial, and
institutional solid waste in the county.
Sec. 25. Minnesota Statutes 1990, section 115A.554, is
amended to read:
115A.554 [AUTHORITY OF SANITARY DISTRICTS.]
A sanitary district with the authority to regulate solid
waste has the authority and duty of counties within the
district's boundary for purposes of sections 115A.46,
subdivision 4; 115A.48; 115A.551; 115A.552; 115A.553; 115A.919;
115A.93; 115A.96, subdivision 6; 115A.961; 115A.991; 375.18,
subdivision 14; and 400.08, subdivision 5.
Sec. 26. Minnesota Statutes 1990, section 115A.557,
subdivision 4, is amended to read:
Subd. 4. [REPORT.] By November 1 15 of each year, the
office shall report on how the money was spent and the resulting
statewide improvements in solid waste management to the house of
representatives and senate appropriations and finance committees
and the legislative commission on waste management. In
even-numbered years the report may be included in the solid
waste management policy report required under section 115A.411.
Sec. 27. Minnesota Statutes 1990, section 115A.64,
subdivision 2, is amended to read:
Subd. 2. [PETITION CONTENTS.] (a) A petition requesting
establishment or alteration of a waste district shall must
contain the information the office director may require,
including at least the following:
(a) (1) the name of the proposed district;
(b) (2) a description of the territory and political
subdivisions within and the boundaries of the proposed district
or alteration thereto, along with a map showing the district or
alteration;
(c) (3) resolutions of support for the district, as
proposed to the office, from the governing body of each of the
petitioning counties;
(d) (4) a statement of the reason, necessity, and purpose
for the district, plus a general description of the solid waste
management improvements and facilities contemplated for the
district showing how its activities will accomplish the purpose
of the district and the purposes for waste resource districts
stated in sections 115A.62 to 115A.72;
(e) (5) articles of incorporation stating:
(i) the powers of the district consistent with sections
115A.62 to 115A.72, including a statement of powers proposed
pursuant to sections 115A.70 and, 115A.71, and 115A.715; and
(ii) provisions for representation and election of the
board of directors of the district.
(b) After the petition has been filed, no petitioner may
withdraw from it except with the written consent of all other
petitioners filed with the office for the district.
Sec. 28. Minnesota Statutes 1990, 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 chair of
the board of directors shall be appointed from outside the first
board of directors by the director of the office of waste
management. The first chair shall serve for a term of two
years. Thereafter
Subdivision 1. [BOARD.] The chair shall be elected from
outside the board of directors by majority vote of the board of
directors. The first chair shall serve for a term of two
years. Members of the board of directors shall be residents of
the district.
Subd. 2. [FIRST MEETING.] The first meeting of the board
of directors shall be held at the call of the chair, 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.
Subd. 3. [BYLAWS.] 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. 29. [115A.715] [SOLID WASTE AUTHORITY.]
A district has all the authority of a county for solid
waste management purposes that is given to counties under this
chapter and chapters 400 and 473, except the authority to issue
general obligation bonds or to levy property taxes. A district
has the authority of a county to issue general obligation bonds
and to levy property taxes only if and only to the extent that
the governing body of each county that is a member of the
district agrees to delegate the authority to the district. The
delegation of the authority is irrevocable unless the governing
body of each county that is a member of the district agrees to
the revocation.
Sec. 30. Minnesota Statutes 1990, section 115A.83, is
amended to read:
115A.83 [EXEMPTION.]
The designation may not apply to or include:
(1) materials that are separated from mixed municipal solid
waste and recovered for reuse in their original form or for use
in manufacturing processes; or
(2) materials that are processed at a resource recovery
facility at the capacity in operation at the time that the
designation plan is approved by the reviewing authority; or
(3) materials that are separated at a permitted transfer
station located within the boundaries of the designating
authority for the purpose of recycling the materials if: (i)
the transfer station was in operation on January 1, 1991; or (ii)
the materials were not being separated for recycling at the
designated facility at the time the transfer station began
separation of the materials.
For the purposes of this section, "manufacturing processes"
does not include the treatment of waste after collection for the
purpose of composting.
The exemptions in this section apply to only those
materials separated from mixed municipal solid waste that are
managed in a manner that is preferred over the primary
management method of the designated facility under section
115A.02, paragraph (b).
Sec. 31. Minnesota Statutes 1990, section 115A.84,
subdivision 2, is amended to read:
Subd. 2. [DESIGNATION; PLAN CONTENTS.] (a) The designation
plan must evaluate:
(1) the benefits of the designation, including the public
purposes achieved by the conservation and recovery of resources,
the furtherance of local and any district or regional waste
management plans and policies, and the furtherance of the state
policies and purposes expressed in section 115A.02; and
(2) the estimated costs of the designation, including the
direct capital, operating, and maintenance costs of the facility
designated, the indirect costs, and the long-term effects of the
designation.
(b) In particular the designation plan must evaluate:
(1) whether the designation will result in the recovery of
resources or energy from materials which would otherwise be
wasted;
(2) whether the designation will lessen the demand for and
use of indiscriminate land disposal;
(3) whether the designation is necessary for the financial
support of the facility;
(4) whether less restrictive methods for ensuring an
adequate solid waste supply are available;
(5) other feasible and prudent waste management
alternatives for accomplishing the purposes of the proposed
designation, the direct and indirect costs of the alternatives,
including capital and operating costs, and the effects of the
alternatives on the cost to generators; and
(6) whether the designation takes into account and promotes
local, regional, and state waste management goals.
(c) When the plan proposes designation to disposal
facilities, the designation plan must also evaluate:
(1) whether the disposal facility is part of an integrated
waste management system involving a processing facility and the
designation is necessary for the financial support of the
processing facility;
(2) whether the designation will better serve to protect
public health and safety;
(3) the impacts on other disposal facilities inside and
outside the area;
(4) whether the designation is necessary to promote
regional waste management programs and cooperation; and
(5) the extent to which the design and operation of the
disposal facility protects the environment including whether it
is permitted under current agency rules and whether any portion
of the facility's site is listed under section 115B.17,
subdivision 13.
(d) When the plan proposes designation to a disposal
facility, mixed municipal solid waste that is subject to a
contract between a hauler and a different facility that is in
effect on the date notice is given under section 115A.85,
subdivision 2, is not subject to the designation during the
contract period or for one year after the date notice is given,
whichever period is shorter.
Sec. 32. Minnesota Statutes 1990, section 115A.84, is
amended by adding a subdivision to read:
Subd. 5. [EXCLUSION OF MATERIALS SEPARATED AT CERTAIN
FACILITIES.] (a) A county or district shall exclude from the
designation, subject to approval by the reviewing authority,
materials that the county or district determines will be
separated for recycling at a transfer station located outside of
the area subject to designation if:
(1) the residual materials left after separation of the
recyclable materials are delivered to a facility designated by
the county or district;
(2) each waste collector who would otherwise be subject to
the designation ordinance and who delivers waste to the transfer
station has not been found in violation of the designation
ordinance in the six months prior to filing for an exclusion;
(3) the materials separated at the transfer station are
delivered to a recycler and are actually recycled; and
(4) the owner or operator of the transfer station agrees to
report and actually reports to the county or district the
quantities of materials, by categories to be specified by the
county or district, that are recycled by the facility that
otherwise would have been subject to designation.
(b) In order to qualify for the exclusion in this
subdivision, the owner of a transfer station shall file with the
county or district a written description of the transfer
station, its operation, location, and waste supply sources, the
quantity of waste delivered to the transfer station by the owner
of the transfer station, the market for the materials separated
for recycling, where the recyclable materials are delivered for
recycling, and other information the county or district may
reasonably require. Information received by the county or
district is nonpublic data as defined in section 13.02,
subdivision 9.
(c) A county or district that grants an exclusion under
this subdivision may revoke the exclusion if any of the
conditions of paragraph (a) are not being met.
Sec. 33. Minnesota Statutes 1990, section 115A.86,
subdivision 5, is amended to read:
Subd. 5. [AMENDMENTS.] (a) Except for an amendment
authorized under section 115A.86, subdivision 6, amendments to a
designation ordinance must be submitted to the reviewing
authority for approval. The reviewing authority shall approve
the amendment if the amendment is in the public interest and in
furtherance of the state policies and purposes expressed in
section 115A.02. If the reviewing authority finds that the
proposed amendment is a substantive change from the existing
designation plan, the reviewing authority may require that the
county or solid waste management district submit a revised
designation plan to the reviewing authority for approval. After
receiving approval for the designation plan amendment from the
reviewing authority, the county or district shall follow the
procedure outlined in section 115A.85 prior to submitting the
amended designation ordinance to the reviewing authority for
approval. If the reviewing authority does not act within 90
days after receiving the proposed amendment to the designation
ordinance, the amendment is approved.
(b) Except for an amendment authorized under section
115A.86, subdivision 6, prior to amending an ordinance to
designate solid waste to a disposal facility, a county or
district shall submit an amended designation plan to the
reviewing authority for approval, and shall follow the
procedures outlined in section 115A.85.
Sec. 34. Minnesota Statutes 1990, section 115A.86, is
amended by adding a subdivision to read:
Subd. 6. [PENALTIES.] (a) A county may include in its
designation ordinance civil and misdemeanor penalties for
violation of the ordinance. Subdivision 5 does not govern a
designation ordinance amendment adopted under this paragraph.
(b) A county may by ordinance impose civil and misdemeanor
penalties for delivery of mixed municipal solid waste to a
processing or disposal facility in the county that is not a
facility designated to receive the waste under a designation
ordinance adopted by another county under this section.
(c) A civil penalty adopted under paragraph (a) or (b) must
be payable to the county and may not exceed a fine of $10,000
per day of violation plus the cost of mitigating any damages
caused by the violation and the attorney fees and court costs
incurred by the county to enforce the ordinance.
Sec. 35. Minnesota Statutes 1990, section 115A.882, is
amended to read:
115A.882 [INSPECTION OF RECORDS; INSPECTION.]
Subdivision 1. [DEFINITIONS.] For the purposes of this
section:
(1) "origin" means a general geographical description that
at a minimum names the local governmental unit within a county
from which waste was collected; and
(2) "type" means a best estimate of the percentage of each
truck load that consists of residential, commercial, industrial,
construction, or any other general type of waste.
Subd. 2. [RECORDS; COLLECTORS; FACILITIES.] Each person
who collects solid waste in a county in which a designation
ordinance is in effect shall maintain records regarding the
volume or weight, type, and origin of waste collected. Each
day, a record of the origin, type, and weight of the waste
collected that day and the identity of the waste facility at
which that day's collected waste is deposited must be kept on
the waste collection vehicle. If the waste is measured by
volume at the waste facility at which it is deposited, the
record may show the volume rather than the weight of the waste.
The owner or operator of a solid waste facility shall
maintain records regarding the weight of the waste, or the
volume of the waste if the waste is measured by volume; the
general type or types of waste; the origin of the waste
delivered to the facility; the date and time of delivery; and
the name of the waste collector that delivered the waste to the
facility.
Subd. 3. [INSPECTION.] A person authorized by a county in
which a designation ordinance is effective may, upon
presentation of identification and without a search warrant,
inspect or copy records of an owner or operator of any waste
facility in the state that contain information regarding the
volume, type, origin, and weight of the waste received by the
facility, and the date and time of weighing. A person who fails
to open for inspection and copying the records referred to in
this section is guilty of a misdemeanor. anywhere in the state:
(1) upon presentation of identification and without a
search warrant, inspect or copy the records required to be kept
on a waste collection vehicle under subdivision 2 and inspect
the waste on the vehicle at the time of deposit of the waste at
a facility;
(2) upon presentation of identification and without a
search warrant, inspect or copy the records of an owner or
operator of a solid waste facility that are required to be
maintained under subdivision 2;
(3) request, in writing, copies of records of a solid waste
collector that indicate the type, origin, and weight or, if
applicable, the volume of waste collected, the identity of the
facility at which the waste was deposited, and the date of
deposit at the facility; and
(4) upon presentation of identification and without a
search warrant, inspect or copy that portion of the business
records of a waste collector necessary to comply with clause (3)
at the central record keeping location of the waste collector
only if the collector fails to provide copies of the records
within 15 days of receipt of a written request for them.
Records or information received, inspected, or copied by a
county under this section are classified as nonpublic data as
defined in section 13.02, subdivision 9, and may be used by the
county solely for enforcement of a designation ordinance. A
waste collector or the owner or operator of a waste facility
shall maintain business records needed to comply with this
section for two years.
Sec. 36. Minnesota Statutes 1990, section 115A.9162,
subdivision 2, is amended to read:
Subd. 2. [GRANTS.] The office may make grants to
counties local government units for installation of storage
tanks to collect used oil. To be eligible for a grant, a county
an applicant must obtain approval from the commissioner of the
agency for the type of tank to be used, the location and
installation of the tank, and the proposed ongoing maintenance
and monitoring of the collection site. A tank may be located on
public or private property and must be made available to the
public for used oil disposal. A grant for a single tank may not
exceed $2,500 and a county local government unit may not receive
more than $5,000 in grants for storage tanks.
Sec. 37. Minnesota Statutes 1990, section 115A.919, is
amended to read:
115A.919 [COUNTY FEE AUTHORITY.]
Subdivision 1. [FEE.] (a) A county may impose a fee, by
cubic yard of waste or its equivalent, on operators of
facilities for the disposal of mixed municipal solid waste or
construction debris located within the county. The revenue from
the fees shall be credited to the county general fund and shall
be used only for landfill abatement purposes, or costs of
closure, postclosure care, and response actions or for purposes
of mitigating and compensating for the local risks, costs, and
other adverse effects of facilities.
(b) Fees for construction debris facilities may not exceed
50 cents per cubic yard. Revenues from the fees must offset any
financial assurances required by the county for a construction
debris facility. The maximum revenue that may be collected for
a construction debris facility must be determined by multiplying
the total permitted capacity of the facility by 15 cents per
cubic yard. Once the maximum revenue has been collected for a
facility, the fee may no longer be imposed. The limitation on
the fees in this paragraph and in section 115A.921, subdivision
2, are not intended to alter the liability of the facility
operator or the authority of the agency to impose financial
assurance requirements.
Subd. 2. [ADDITIONAL FEE.] A county may impose a fee, by
cubic yard or the equivalent of waste collected outside the
county, in addition to a fee imposed under subdivision 1, on
operators of mixed municipal solid waste disposal facilities
located within the county. The fee may not exceed $7.50 per
cubic yard or the equivalent. A person licensed to collect
solid waste in a county that designates the waste under sections
115A.80 to 115A.893 who is referred to a disposal facility
outside the county due to temporary closure of the designated
facility is exempt from the additional fee; the designated
facility is responsible for the fee. Revenue generated from the
additional fee must be credited to the county general fund and
may be used only for the purposes listed in subdivision 1.
Subd. 3. [EXEMPTIONS.] (a) Waste residue from recycling
facilities at which recyclable materials are separated or
processed for the purpose of recycling, or from energy and
resource recovery facilities at which solid waste is processed
for the purpose of extracting, reducing, converting to energy,
or otherwise separating and preparing solid waste for reuse
shall be exempt from the any fee imposed by a county under this
section if there is at least an 85 percent volume reduction in
the solid waste processed. Before any fee is reduced, the
verification procedures of section 473.843, subdivision 1,
paragraph (c), must be followed and submitted to the appropriate
county.
(b) A facility permitted for the disposal of construction
debris is exempt from 25 percent of a fee imposed under
subdivision 1 if the facility has implemented a recycling
program approved by the county and 25 percent if the facility
contains a liner and leachate collection system approved by the
agency.
Sec. 38. Minnesota Statutes 1990, section 115A.921, is
amended to read:
115A.921 [CITY OR TOWN FEE AUTHORITY.]
Subdivision 1. [MIXED MUNICIPAL SOLID WASTE.] A city or
town may impose a fee, not to exceed $1 per cubic yard of waste,
or its equivalent, on operators of facilities for the disposal
of mixed municipal solid waste located within the city or town.
The revenue from the fees must be credited to the city or town
general fund. Revenue produced by 25 cents of the fee must be
used only for purposes of landfill abatement or for purposes of
mitigating and compensating for the local risks, costs, and
other adverse effects of facilities. Revenue produced by the
balance of the fee may be used for any general fund purpose.
Waste residue from recycling facilities at which recyclable
materials are separated or processed for the purpose of
recycling, or from energy and resource recovery facilities at
which solid waste is processed for the purpose of extracting,
reducing, converting to energy, or otherwise separating and
preparing solid waste for reuse shall be exempt from the fee
imposed by a city or town under this section if there is at
least an 85 percent volume reduction in the solid waste
processed. Before any fee is reduced, the verification
procedures of section 473.843, subdivision 1, paragraph (c),
must be followed and submitted to the appropriate city or town.
Subd. 2. [CONSTRUCTION DEBRIS.] (a) A city or town may
impose a fee, not to exceed 50 cents per cubic yard of waste, or
its equivalent, on operators of facilities for the disposal of
construction debris located within the city or town. The
revenue from the fees must be credited to the city or town
general fund. Two-thirds of the revenue must be used only for
purposes of landfill abatement or for purposes of mitigating and
compensating for the local risks, costs, and other adverse
effects resulting from the facilities.
(b) A facility permitted for the disposal of construction
debris is exempt from 25 percent of a fee imposed under this
subdivision if the facility has implemented a recycling program
that has been approved by the county and 25 percent if the
facility contains a liner and leachate collection system
approved by the agency.
(c) Two-thirds of the revenue from fees collected under
this subdivision must offset any financial assurances required
by the city or town for a construction debris facility.
(d) The maximum revenue that may be collected under this
subdivision must be determined by multiplying the total
permitted capacity of a facility by 15 cents per cubic yard.
Once the maximum revenue has been collected for a facility, the
fees in this subdivision may no longer be imposed.
Sec. 39. Minnesota Statutes 1990, section 115A.923,
subdivision 1, is amended to read:
Subdivision 1. [AMOUNT OF FEE.] (a) The operator of a
mixed municipal solid waste disposal facility outside of the
metropolitan area shall pay charge a fee on solid waste accepted
and disposed of at the facility as follows:
(1) a facility that weighs the waste that it accepts must
pay charge a fee of $2 per cubic yard based on equivalent cubic
yards of waste accepted at the entrance of the facility;
(2) a facility that does not weigh the waste but that
measures the volume of the waste that it accepts must pay charge
a fee of $2 per cubic yard of waste accepted at the entrance of
the facility; and
(3) waste residue from recycling facilities at which
recyclable materials are separated or processed for the purpose
of recycling, or from energy and resource recovery facilities at
which solid waste is processed for the purpose of extracting,
reducing, converting to energy, or otherwise separating and
preparing solid waste for reuse is exempt from the fee imposed
by this subdivision if there is at least an 85 percent volume
reduction in the solid waste processed.
(b) To qualify for exemption under paragraph (a), clause
(3), waste residue must be brought to a disposal facility
separately. The commissioner of revenue, with the advice and
assistance of the agency, shall prescribe procedures for
determining the amount of waste residue qualifying for exemption.
Sec. 40. Minnesota Statutes 1990, section 115A.923,
subdivision 1a, is amended to read:
Subd. 1a. [PAYMENT OF THE GREATER MINNESOTA LANDFILL
CLEANUP FEE.] The operator of a disposal facility in greater
Minnesota shall pay remit the fee required fees collected under
subdivision 1 to the county or sanitary district where the
facility is located, except that the operator of a facility that
is owned by a statutory or home rule city shall pay remit the
fee fees to the city that owns the facility. The county, city,
or sanitary district may use the revenue from the fee fees only
for the purposes specified in section 115A.919.
Sec. 41. [115A.929] [FEES; ACCOUNTING.]
Each local government unit that collects a fee under
section 115A.919, 115A.921, or 115A.923 shall account for all
revenue collected from the fee, together with interest earned on
the revenue from the fee, separately from other revenue
collected by the local government unit and shall report revenue
collected from the fee and use of the revenue separately from
other revenue and use of revenue in any required financial
report or audit.
Sec. 42. Minnesota Statutes 1990, section 115A.93,
subdivision 3, is amended to read:
Subd. 3. [LICENSE REQUIREMENTS.] (a) A licensing authority
shall require to the extent possible that charges for collection
of mixed municipal solid waste vary with the volume or weight of
the waste collected.
(b) A licensing authority may impose requirements that are
consistent with the county's solid waste policies as a condition
of receiving and maintaining a license.
(c) A licensing authority shall prohibit mixed municipal
solid waste collectors from imposing a greater charge on
residents who recycle than on residents who do not recycle.
Sec. 43. Minnesota Statutes 1990, section 115A.93, is
amended by adding a subdivision to read:
Subd. 4. [DATE CERTAIN.] By January 1, 1993, each county
shall ensure that each city or town within the county requires
each mixed municipal solid waste collector that provides
curbside collection service in the city or town to obtain a
license under this section or the county shall directly require
and issue the licenses. No person may collect mixed municipal
solid waste after January 1, 1993, without a license.
Sec. 44. Minnesota Statutes 1990, section 115A.931, is
amended to read:
115A.931 [LAND DISPOSAL OF YARD WASTE PROHIBITION.]
(a) Except as authorized by the agency, in the metropolitan
area after January 1, 1990, and outside the metropolitan area
after January 1, 1992, a person may not dispose of place yard
waste:
(1) in mixed municipal solid waste;
(2) in a disposal facility; or
(3) in a resource recovery facility except for the purposes
of composting or co-composting.
(b) Yard waste subject to this subdivision is garden
wastes, leaves, lawn cuttings, weeds, and prunings.
Sec. 45. [115A.935] [SOLID WASTE GENERATED OUTSIDE OF
MINNESOTA.]
No person shall transport into or deposit in this state,
for the purpose of processing or disposal, solid waste that was
generated in another state, unless the waste:
(1) meets all the solid waste management regulations of the
state in which it was generated; and
(2) contains none of the items specifically banned from
mixed municipal solid waste in this state, including waste
tires, used motor oil, waste lead acid batteries, yard waste,
major appliances, and any other item specifically banned from
the waste stream under this chapter.
Sec. 46. Minnesota Statutes 1990, section 115A.94,
subdivision 4, is amended to read:
Subd. 4. [CITIES AND TOWNS; NOTICE; PLANNING.] (a) At
least 180 days before implementing an ordinance, franchise,
license, contract or other means of organizing collection, a
city or town, by resolution of the governing body, shall
announce its intent to organize collection and invite the
participation of interested persons, including persons licensed
to operate solid waste collection services, in planning and
establishing the organized collection system.
(b) The resolution of intent must be adopted after a public
hearing. The hearing must be held at least two weeks after
public notice and mailed notice to persons known by the city or
town to be operating solid waste collection services in the city
or town. The failure to give mailed notice to persons or defect
in the notice does not invalidate the proceedings, provided a
bona fide effort to comply with notice requirements has been
made.
(c) During a 90-day period following the resolution of
intent, the city or town shall develop or supervise the
development of plans or proposals for organized collection.
During this 90-day planning period, the city or town shall
invite and employ the assistance of persons licensed as of the
date of the resolution of intent to operate solid waste
collection services in the city or town. Failure of a licensed
collector to participate in the 90-day planning period, when the
city or town has made a bona fide effort to provide the person
the opportunity to participate, does not invalidate the planning
process.
(d) For 90 days after the date ending the planning period
required under paragraph (c), the city or town shall discuss
possible organized collection arrangements with all licensed
collectors operating in the city or town who have expressed
interest. If the city or town is unable to agree on an
organized collection arrangement with a majority of the licensed
collectors who have expressed interest, or upon expiration of
the 90 days, the city or town may propose implementation of an
alternate method of organizing collection as authorized in
subdivision 3.
(e) The city or town shall make specific findings that:
(1) describe in detail the procedures it used to plan and
to attempt implementation of organized collection through an
arrangement with collectors who expressed interest; and
(2) evaluate the proposed organized collection method in
light of at least the following standards: achieving the stated
organized collection goals of the city or town; minimizing
displacement of collectors; ensuring participation of all
interested parties in the decision-making process; and
maximizing efficiency in solid waste collection.
(f) Upon request, the city or town shall provide mailed
notice of all proceedings on the organization of collection in
the city or town.
(g) If the city or town and all the persons licensed to
operate mixed municipal solid waste collection services and
doing business in the city or town agree on the plan, the city
or town may implement the plan without regard to the 180-day
period specified in paragraph (a).
Sec. 47. [115A.941] [SOLID WASTE; REQUIRED COLLECTION.]
(a) Except as provided in paragraph (b), each city and town
with a population of 5,000 or more shall ensure that every
residential household and business in the city or town has solid
waste collection service. To comply with this section, a city
or town may organize collection, provide collection, or require
by ordinance that every household and business has a contract
for collection services. An ordinance adopted under this
section must provide for enforcement.
(b) A city or town with a population of 5,000 or more may
exempt a residential household or business in the city or town
from the requirement to have solid waste collection service if
the household or business ensures that an environmentally sound
alternative is used.
(c) To the extent practicable, the costs incurred by a city
or town under this section must be incorporated into the
collection system or the enforcement mechanisms adopted under
this section by the city or town.
Sec. 48. Minnesota Statutes 1990, section 115A.9561, is
amended to read:
115A.9561 [MAJOR APPLIANCES.]
Subdivision 1. [PROHIBITIONS.] A person may not:
(1) place major appliances in mixed municipal solid waste;
or
(2) dispose of major appliances in or on the land or in a
solid waste processing or disposal facility after July 1, 1990.
The agency may enforce this section pursuant to section 115.071.
Subd. 2. [RECYCLING REQUIRED.] Major appliances must be
recycled or reused. Each county shall ensure that its residents
have the opportunity to recycle used major appliances. For the
purposes of this section, recycling includes:
(1) the removal of capacitors that may contain PCBs;
(2) the removal of ballasts that may contain PCBs;
(3) the removal of chlorofluorocarbon refrigerant gas; and
(4) the recycling or reuse of the metals.
Sec. 49. Minnesota Statutes 1990, section 115A.96,
subdivision 6, is amended to read:
Subd. 6. [HOUSEHOLD HAZARDOUS WASTE MANAGEMENT PLANS.] (a)
Each county shall include in its solid waste management plan
required in section 115A.46, or its solid waste master plan
required in section 473.803, a household hazardous waste
management plan. The plan must at least:
(1) include a broad based public education component;
(2) include a strategy for reduction of household hazardous
waste; and
(3) address separation of household hazardous waste from
mixed municipal solid waste and the collection, storage, and
disposal of that waste.
(b) Each county required to submit its plan to the office
under section 115A.46 shall amend its plan to comply with this
subdivision within one year after October 4, 1989.
(c) Each county in the state shall implement its household
hazardous waste management plan by June 30, 1992.
(d) The office shall review the plans submitted under this
subdivision in cooperation with the agency.
Sec. 50. [115A.965] [PROHIBITIONS ON SELECTED TOXICS IN
PACKAGING.]
Subdivision 1. [PACKAGING.] (a) As soon as feasible but
not later than August 1, 1993, no manufacturer or distributor
may sell or offer for sale or for promotional purposes in this
state packaging or a product that is contained in packaging if
the packaging itself, or any inks, dyes, pigments, adhesives,
stabilizers, or any other additives to the packaging contain any
lead, cadmium, mercury, or hexavalent chromium that has been
intentionally introduced as an element during manufacture or
distribution of the packaging. Intentional introduction does
not include the incidental presence of any of the prohibited
elements.
(b) For the purposes of this section, "distributor" means a
person who imports packaging or causes packaging to be imported
into the state.
Subd. 2. [TOTAL TOXICS CONCENTRATION LEVELS.] The total
concentration level of lead, cadmium, mercury, and hexavalent
chromium added together in any packaging must not exceed the
following amounts:
(1) 600 parts per million by weight by August 1, 1993;
(2) 250 parts per million by weight by August 1, 1994; and
(3) 100 parts per million by weight by August 1, 1995.
Subd. 3. [EXEMPTIONS.] (a) The following packaging is
exempt from the requirements of subdivisions 1 and 2:
(1) packaging that has been delivered to a manufacturer or
distributor prior to August 1, 1993, or packaging that contains
a code or other indication of the date of manufacture and that
was manufactured prior to August 1, 1993; and
(2) until August 1, 1997, packaging that would not exceed
the total toxics concentration levels under subdivision 2 but
for the addition in the packaging of materials that have
fulfilled their intended use and have been discarded by
consumers.
(b) Packaging to which lead, cadmium, mercury, or
hexavalent chromium has been intentionally introduced in the
manufacturing process may be exempted from the requirements of
subdivisions 1 and 2 by the commissioner of the pollution
control agency if:
(1) the use of the toxic element in the packaging is
required by federal or state health or safety laws; or
(2) there is no feasible alternative for the packaging
because the toxic element used is essential to the protection,
safe handling, or function of the contents of the package.
The commissioner may grant an exemption under this
paragraph for a period not to exceed two years upon application
by the packaging manufacturer that includes documentation
showing that the criteria for an exemption are met. Exemptions
granted by the commissioner may be renewed upon reapplication
every two years.
Subd. 4. [CERTIFICATE OF COMPLIANCE.] (a) Beginning August
1, 1993, each manufacturer and distributor of packaging for sale
or other distribution in this state shall certify to each of
their purchasers or receivers that the packaging purchased or
received complies with this section. The certificate of
compliance must be in writing and must be signed by an official
of the manufacturer or distributor. For packaging that has
received an exemption under subdivision 3, the certificate of
compliance must list the amount of total toxics concentration in
the packaging, the specific toxics present, and the basis for
the exemption.
(b) The manufacturer or distributor shall keep on file a
copy of the certificate of compliance for each type of packaging
manufactured or distributed and shall make copies available to
the commissioner of the pollution control agency or the attorney
general on request, or to any member of the public within 60
days of receipt of a written request that specifies the type of
packaging for which the information is requested.
(c) Each purchaser or receiver, except a retailer, of
packaging shall retain the certificate of compliance for as long
as the packaging is in use.
(d) If a manufacturer or distributor of packaging
reformulates the packaging or creates new packaging, the
manufacturer or distributor shall provide an amended or new
certificate of compliance to purchasers and receivers for the
reformulated or new packaging.
Subd. 5. [ENFORCEMENT.] This section may be enforced under
sections 115.071 and 116.072. A person who fails to comply with
this section is subject to a civil fine of up to $5,000 per day
of violation, court costs and attorney fees, and all costs
associated with the separate collection, storage, transfer, and
appropriate processing or disposal of nonconforming packaging,
to be determined by the true cost of those activities per ton
times the approximate actual tonnage of nonconforming packaging
sold or otherwise distributed in the state.
Subd. 6. [RULES.] The commissioner of the pollution
control agency, in consultation with the director of the office
of waste management, shall adopt rules to implement this section.
Sec. 51. [115A.9651] [TOXICS IN PACKAGING AND PRODUCTS;
ENFORCEMENT.]
After July 1, 1994, no person may deliberately introduce
lead, cadmium, mercury, or hexavalent chromium into any dye,
paint, or fungicide that is intended for use or for sale in this
state. This section does not apply to art supplies.
This section may be enforced under sections 115.071 and
116.072. The attorney general or the commissioner of the agency
shall coordinate enforcement of this section with the director
of the office.
Sec. 52. Minnesota Statutes 1990, section 115A.97,
subdivision 4, is amended to read:
Subd. 4. [INTERIM PROGRAM.] (a) Incinerator ash is
considered special waste for an interim period which expires on
the occurrence of the earliest of the following events:
(1) The United States Environmental Protection Agency
establishes testing and disposal requirements for incinerator
ash;
(2) The agency adopts the rules required in subdivision 3;
or
(3) June 30, 1991 1992.
(b) As a special waste, incinerator ash must be stored
separately from mixed municipal solid waste with adequate
controls to protect the environment as provided in agency
permits. For the interim period, the agency, in cooperation
with generators of incinerator ash and other interested parties,
shall establish a temporary program to test, monitor, and store
incinerator ash. The program must include separate testing of
fly ash, bottom ash, and combined ash unless the agency
determines that because of physical constraints at the facility
separate samples of fly ash and bottom ash cannot be reasonably
obtained in which case only combined ash must be tested.
Incinerator ash stored during the interim is subject to the
rules adopted pursuant to subdivision 3 and to the provisions of
chapter 115B.
Sec. 53. Minnesota Statutes 1990, section 115B.04,
subdivision 4, is amended to read:
Subd. 4. [LIABILITY OF POLITICAL SUBDIVISIONS.] (a) The
liability of a political subdivision under this section is
subject to the limits imposed under section 466.04, subdivision
1, except when the political subdivision is liable under this
section as the owner or operator of a disposal facility as
defined in section 115A.03, subdivision 10.
(b) When a political subdivision is liable as an owner or
operator of a disposal facility, the liability of each political
subdivision is limited to $400,000 at each facility unless the
facility was owned or operated under a valid joint powers
agreement by three or more political subdivisions, in which case
the aggregate liability of all political subdivisions that are
parties to the joint powers agreement is limited to $1,200,000.
(c) The limits on the liability of a political subdivision
for ownership or operation of a disposal facility apply to the
costs of remedial response action incurred between the date a
request for response action is issued by the agency and the date
one year after the construction certificate of completion is
approved by the commissioner, excluding the costs incurred
during of negotiation of a consent order agreement.
(d) When a political subdivision takes remedial response
action as the owner or operator of a disposal facility between
the dates in paragraph (c), it may receive, after approval by
the agency, reimbursement of any amount spent pursuant to an
approved work plan that exceeds the applicable liability limit
specified in this subdivision.
Sec. 54. Minnesota Statutes 1990, section 115B.22,
subdivision 8, is amended to read:
Subd. 8. [REVIEW OF TAX BY LCWM.] After the office of
waste management submits the plan required under section 115A.11
to the legislative commission on waste management, The
commission shall legislative commission on waste management
shall periodically review the taxes and tax rates imposed under
this section in light of the objectives and recommendations of
the plan, and shall recommend to the standing tax committees of
both houses of the legislature any changes in the taxes or tax
rates which are needed to assist or encourage implementation of
the strategies adopted by the state for management of hazardous
waste.
Sec. 55. Minnesota Statutes 1990, section 116.07,
subdivision 4j, is amended to read:
Subd. 4j. [PERMITS; SOLID WASTE FACILITIES.] (a) The
agency may not issue a permit for new or additional capacity for
a mixed municipal solid waste resource recovery or disposal
facility as defined in section 115A.03 unless each county
projected in the permit to use the facility has in place a solid
waste management plan approved under section 115A.46 or
473.803. The agency shall issue the permit only if the capacity
of the facility is consistent with the needs for resource
recovery or disposal capacity identified in the approved plan or
plans. Consistency must be determined by the metropolitan
council for counties in the metropolitan area and by the agency
for counties outside the metropolitan area. Plans approved
before January 1, 1990, need not be revised if the capacity
sought in the permit is consistent with the approved plan or
plans.
(b) The agency shall require as part of the permit
application for a waste incineration facility identification of
preliminary plans for ash management and ash leachate treatment
or ash utilization. The permit issued by the agency must
include requirements for ash management and ash leachate
treatment.
(c) Within 30 days of receipt by the agency of a permit
application for a solid waste facility, the commissioner shall
notify the applicant in writing whether the application is
complete and if not, what items are needed to make it complete,
and shall give an estimate of the time it will take to process
the application. Within 180 days of receipt of a completed
application, the agency shall approve, disapprove, or delay
decision on the application, with reasons for the delay, in
writing.
Sec. 56. [116.90] [REFUSE DERIVED FUEL.]
Subdivision 1. [DEFINITIONS.] (a) The definitions in this
subdivision apply to this section.
(b) "Minor modification" means a physical or operational
change that does not increase the rated energy production
capacity of a solid fuel fired boiler and which does not involve
capital costs in excess of 20 percent of a new solid fuel fired
boiler having the same rated capacity.
(c) "Refuse derived fuel" means a product resulting from
the processing of mixed municipal solid waste in a manner that
reduces the quantity of noncombustible material present in the
waste, reduces the size of waste components through shredding or
other mechanical means, and produces a fuel suitable for
combustion in existing or new solid fuel fired boilers.
(d) "Solid fuel fired boiler" means a device that is
designed to combust solid fuel, including but not limited to:
wood, coal, biomass, or lignite to produce steam or heat water.
Subd. 2. [USE OF REFUSE DERIVED FUEL.] (a) Existing or new
solid fuel fired boilers may utilize refuse derived fuel in an
amount up to 30 percent by weight of the fuel feed stream under
the following conditions:
(1) utilization of refuse derived fuel involves no
modification or only minor modification to the solid fuel fired
boiler;
(2) utilization of refuse derived fuel does not cause a
violation of emissions limitations or ambient air quality
standards applicable to the solid fuel fired boiler;
(3) the solid fuel fired boiler has a valid permit to
operate; and
(4) the refuse derived fuel is produced by a facility for
which a permit was issued by the agency before June 1, 1991.
(b) A facility that produces refuse derived fuel that is
sold for use in a solid fuel fired boiler may accept waste for
processing only from counties that provide for the removal of
household hazardous waste from the waste.
Sec. 57. Minnesota Statutes 1990, section 325E.042,
subdivision 2, is amended to read:
Subd. 2. [NONDEGRADABLE PLASTIC.] A person may not sell,
offer for sale, or give to consumers beverages or motor oil
containers held together by connected rings made of
nondegradable plastic material.
Sec. 58. Minnesota Statutes 1990, section 325E.115,
subdivision 1, is amended to read:
Subdivision 1. [SURCHARGE; COLLECTION; NOTICE.] (a) A
person selling lead acid batteries at retail or offering lead
acid batteries for retail sale in this state shall:
(1) accept, at the point of transfer, lead acid batteries
from customers;
(2) charge a fee of $5 per battery sold unless the customer
returns a used battery to the retailer; and
(3) post written notice, which must be at least 8-1/2
inches by 11 inches in size and must contain the universal
recycling symbol and the following language:
(i) "It is illegal to put a motor vehicle battery in the
garbage.";
(ii) "Recycle your used batteries."; and
(iii) "State law requires us to accept motor vehicle
batteries for recycling." in accordance with section 325E.1151.
(b) Any person selling lead acid batteries at wholesale or
offering lead acid batteries for sale at wholesale must accept,
at the point of transfer, lead acid batteries from customers.
Sec. 59. Minnesota Statutes 1990, section 325E.1151,
subdivision 3, is amended to read:
Subd. 3. [RETAILERS MUST POST NOTICES.] (a) A person who
sells lead acid batteries at retail must post the notice in
paragraph (b) in a manner clearly visible to a consumer making
purchasing decisions.
(b) The notice must be at least 8-1/2 inches by 11 inches
and contain the universal recycling symbol and state:
"NOTICE: USED BATTERIES
This retailer is required to accept your used lead acid
batteries, EVEN IF YOU DO NOT PURCHASE A BATTERY. When you
purchase a new battery, you will be charged an additional $5
unless you return a used battery within 30 days.
Improper disposal of a lead acid battery It is a crime to
put a motor vehicle battery in the garbage."
Sec. 60. Minnesota Statutes 1990, section 400.08,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] For purposes of this section,
"solid waste management services" includes recycling and waste
reduction services, collection, processing, and disposal of
solid waste, closure and postclosure care of a solid waste
facility, and response, as defined in section 115B.02, to
releases from a solid waste facility or closed solid waste
facility.
Sec. 61. Minnesota Statutes 1990, section 458D.07,
subdivision 5, is amended to read:
Subd. 5. [REGULATION OF COLLECTION PROCESS.] Nothing
contained in this chapter shall be construed to permit the
district to engage in the collection of solid waste. Carlton
county and St. Louis county or the local units of government
designated by such counties shall continue to have the authority
to regulate the collection of solid waste, and nothing in this
chapter shall be construed to permit the district to regulate
the collection of solid waste, unless such counties or local
units of government or any of them shall adopt a resolution
authorizing the district to adopt such regulations to be
effective within the territory of such county or local
governmental units.
Sec. 62. Minnesota Statutes 1990, section 458D.07, is
amended by adding a subdivision to read:
Subd. 5a. [RECYCLING.] The district may require recycling
and regulate the collection of recyclable materials in the
district.
Sec. 63. Minnesota Statutes 1990, section 473.149,
subdivision 2e, is amended to read:
Subd. 2e. [SOLID WASTE DISPOSAL FACILITIES DEVELOPMENT
SCHEDULE.] (a) After requesting and considering recommendations
from the counties, cities, and towns, the council as part of its
policy plan shall determine the number of sites and the capacity
of sites to be acquired needed within the metropolitan area for
solid waste disposal facilities in accordance with section
473.833.
(b) The council shall adopt a schedule of disposal capacity
to be developed in each county within the metropolitan area in
five-year increments for a period of at least 20 years from
adoption of development schedule revisions. The schedule may
not allow capacity in excess of the council's reduced estimate
of the disposal capacity needed because of the council's land
disposal abatement plan, except as the council deems necessary
to allow reallocation of capacity as required by this
subdivision.
(c) The council shall make the implementation of elements
of the schedule, including the disposal capacity allocated to
each county, contingent on actions of each county in adopting
and implementing abatement plans pursuant to section 473.803,
subdivision 1b. The council may review the development schedule
every year and revise the development schedule and the
allocation of disposal capacity required for each county based
on the progress made in that county in the implementation of the
council's abatement plans and achievement of metropolitan and
local abatement objectives. The council shall review and
revise, by resolution following public hearing, the development
schedule and the allocation of disposal capacity required based
on significant changes in the landfill capacity of the
metropolitan area. The schedule must include procedures and
criteria for making revisions. A site for which an
environmental impact statement was being prepared as of January
1, 1989, under section 473.833, subdivision 2a, and that is not
selected under section 473.833, subdivision 3, must be
eliminated from the inventory of solid waste disposal sites
established under section 473.149, subdivision 2b, and may not
be considered as a waste disposal site in the future.
(d) The schedule may include procedures to be used by
counties in selecting sites for acquisition pursuant to section
473.833. The schedule must include standards and procedures for
council certification of need pursuant to section 473.823. The
schedule must also include a facility closure schedule and plans
for postclosure 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 must also include a closure schedule
and plans for postclosure management for of facilities,
including facilities in existence before the adoption of the
development schedule.
Sec. 64. Minnesota Statutes 1990, 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, 473.801 to 473.823, and 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 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, 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 office of waste management
established under section 115A.04, and one from the Minnesota
health department shall serve as ex officio members of the
committee.
Sec. 65. [473.8011] [METROPOLITAN AGENCY RECYCLING GOAL.]
By December 31, 1993, the metropolitan council, each
metropolitan agency as defined in section 473.121, and the
metropolitan mosquito control district established in section
473.702 shall recycle at least 40 percent by weight of the solid
waste generated by their offices or other operations. The
council shall provide information and technical assistance to
the agencies and the district to implement effective recycling
programs.
By August 1 of each year, the council, each agency, and the
district shall submit to the office of waste management a report
for the previous fiscal year describing recycling rates,
specified by the county in which the agency or operation is
located, and progress toward meeting the recycling goal. The
office shall incorporate the recycling rates reported in the
respective county's recycling rates for the previous fiscal year.
If the goal is not met, the council, agency, or district
must include in its 1994 report reasons for not meeting the goal
and a plan for meeting it in the future.
Sec. 66. Minnesota Statutes 1990, section 473.803,
subdivision 2, is amended to read:
Subd. 2. [COUNCIL REVIEW.] The council shall review each
master plan or revision thereof to determine whether it is
consistent with the council's policy plan. If it is not
consistent, the council shall disapprove and return the plan
with its comments to the county for revision and resubmittal.
The county shall have 90 days to revise and resubmit the plan
for council approval. Any county solid waste plan or report
approved by the council prior to April 9, 1976, shall remain in
effect until a new master plan is submitted to and approved by
the council in accordance with this section.
The council shall review the household hazardous waste
management portion of each county's plan in cooperation with the
agency.
Sec. 67. Minnesota Statutes 1990, section 473.803,
subdivision 4, is amended to read:
Subd. 4. [ADVISORY COMMITTEE.] By July 1, 1984, each
county shall establish a solid waste management advisory
committee to aid in the preparation of the county master plan,
any revisions thereof, and such additional matters as the county
deems appropriate. The committee must consist of citizen
representatives, representatives from towns and cities within
the county, and representatives from private waste management
firms. The committee must include residents of towns or cities
within the county containing solid waste disposal facilities and
eligible solid waste disposal sites included in the council's
disposal site inventory. Members of the council's solid waste
advisory committee who reside in the county are ex officio
members of the county advisory committee. A representative of
the metropolitan council is an ex officio member of the
committee.
Sec. 68. Minnesota Statutes 1990, section 473.811,
subdivision 1, is amended to read:
Subdivision 1. [COUNTY ACQUISITION OF FACILITIES.] To
accomplish the purpose specified in section 473.803, each
metropolitan county may acquire by purchase, lease, gift or
condemnation as provided by law, upon such terms and conditions
as it shall determine, including contracts for deed and
conditional sales contracts, solid waste facilities or
properties or easements or development rights, as defined in
section 473.833, for solid waste facilities which are in
accordance with rules adopted by the agency, the policy plan
adopted by the council and the county master plan as approved by
the council, and may improve or construct improvements on any
property or facility so acquired. No metropolitan city, county
or town shall own or operate a hazardous waste facility, except
a facility to manage household hazardous waste. Each
metropolitan county is authorized to levy a tax in anticipation
of need for expenditure for the acquisition and betterment of
solid waste facilities. If a tax is levied in anticipation of
need, the purpose must be specified in a resolution of the
county directing that the levy and the proceeds of the tax may
be used only for that purpose. Until so used, the proceeds
shall be retained in a separate fund or invested in the same
manner as surplus in a sinking fund may be invested under
section 475.66. The right of condemnation shall be exercised in
accordance with chapter 117.
For the purposes of this section "solid waste facility"
includes a facility to manage household hazardous waste.
Sec. 69. Minnesota Statutes 1990, 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. 70. Minnesota Statutes 1990, section 473.811,
subdivision 3, is amended to read:
Subd. 3. [COUNTY OPERATION OF FACILITIES.] Each
metropolitan county may operate and maintain solid waste
facilities, and for this purpose may employ all necessary
personnel, may adopt regulations governing operation, and may
establish and collect reasonable, nondiscriminatory rates and
charges, except as authorized under section 115A.919, for the
use of the facilities by any local government unit or person,
estimated to be sufficient, with any other moneys appropriated
for the purpose, to pay all costs of acquisition, operation and
maintenance. Each metropolitan county may use itself or sell
all or any part of materials or energy recovered from solid
waste to private interests or public agencies for consumption or
reuse by them. Section 471.345 and Laws 1951, chapter 556, as
amended shall not apply to the sale of the materials or energy.
Sec. 71. Minnesota Statutes 1990, section 473.811,
subdivision 4a, is amended to read:
Subd. 4a. [ORDINANCES; GENERAL CONDITIONS; RESTRICTIONS;
APPLICATION.] Ordinances of counties and local government units
related to or affecting waste management shall embody plans,
policies, rules, standards and requirements adopted by any state
agency authorized to manage or plan for or regulate the
management of waste and the waste management plans adopted by
the council and shall be consistent with county master plans
approved by the council. Except as provided in this
subdivision, a metropolitan county may acquire a site and buffer
area for a solid waste disposal facility anywhere within the
county without complying with local ordinances, if the action is
approved by the council as being taken pursuant to the policy
plan and the development schedule adopted under section 473.149,
subdivision 2e, and the provisions of section 473.833, and the a
county may establish and operate or contract for the
establishment or operation of a solid waste disposal facility at
the site without complying with local ordinances, if the council
certifies need under section 473.823, subdivision 6. With the
approval of the council, local government units may impose and
enforce reasonable conditions respecting the construction,
operation, inspection, monitoring, and maintenance of the
disposal facilities. No local government unit shall prevent the
establishment or operation of any solid waste facility in
accordance with the council's decision under section 473.823,
subdivision 5, except that, with the approval of the council,
the local government unit may impose reasonable conditions
respecting the construction, inspection, monitoring, and
maintenance of a facility.
Sec. 72. Minnesota Statutes 1990, section 473.811,
subdivision 5, is amended to read:
Subd. 5. [ORDINANCES; SOLID WASTE COLLECTION AND
TRANSPORTATION.] Each metropolitan county may adopt ordinances
governing the collection of solid waste. A county may adopt,
but may not be required to adopt, an ordinance that requires the
separation from mixed municipal waste, by generators before
collection, of materials that can readily be separated for use
or reuse as substitutes for raw materials or for transformation
into a usable soil amendment. Each local unit of government
within the metropolitan area shall adopt an ordinance governing
the collection of solid waste within its boundaries. If the
county within which it is located has adopted a collection
ordinance, the local unit shall adopt either the county
ordinance by reference or a more strict ordinance. If the
county within which it is located has adopted a separation
ordinance, the ordinance applies in all local units within the
county that have failed to meet the local abatement performance
standards, as stated in the most recent annual county report.
Ordinances of counties and local government units may establish
reasonable conditions respecting but shall not prevent the
transportation of solid waste by a licensed collector through
and between counties and local units, except as required for the
enforcement of any designation of a facility by the council
pursuant to section 473.827 a county under chapter 115A. A
licensed collector or a metropolitan county or local government
unit may request review by the council of an ordinance adopted
under this subdivision. The council shall approve or disapprove
the ordinance within 60 days of the submission of a request for
review. The ordinance shall remain in effect unless it is
disapproved. Ordinances of counties and local units of
government shall provide for the enforcement of any designation
of facilities by the council under section 473.827 counties
under chapter 115A. Nothing in this subdivision shall be
construed to limit the authority of the local government unit to
regulate and license collectors of solid waste or to require
review or approval by the council for ordinances regulating
collection.
Sec. 73. Minnesota Statutes 1990, section 473.811,
subdivision 6, is amended to read:
Subd. 6. [GRANTS AND LOANS TO COUNTIES.] Each metropolitan
county may accept gifts, may apply for and accept grants or
loans of money or other property from the United States, the
state, the metropolitan council, any local government unit, or
any person, to accomplish the purposes specified in sections
473.149, 473.151, 473.801 to 473.823, 473.831, 473.833, and
473.834, may enter into any agreement required in connection
therewith, and may hold, use, and dispose of the money or
property in accordance with the terms of the gift, grant, loan
or agreement relating thereto.
Sec. 74. Minnesota Statutes 1990, section 473.811,
subdivision 7, is amended to read:
Subd. 7. [JOINT ACTION.] Any local governmental unit or
metropolitan agency may act together with any county, city, or
town within or without the metropolitan area, or with the
pollution control agency or the office of waste management under
the provisions of section 471.59 or any other appropriate law
providing for joint or cooperative action between government
units, to accomplish any purpose specified in sections 473.149,
473.151, 473.801 to 473.823, 473.831, 473.833, 473.834, 116.05
and 115A.06.
Any agreement regarding data processing services relating
to the generation, management, identification, labeling,
classification, storage, collection, treatment, transportation,
processing or disposal of waste and entered into pursuant to
section 471.59, or other law authorizing joint or cooperative
action may provide that any party to the agreement may agree to
defend, indemnify and hold harmless any other party to the
agreement providing the services, including its employees,
officers or volunteers, against any judgments, expenses,
reasonable attorney's fees and amounts paid in settlement
actually and reasonably incurred in connection with any third
party claim or demand arising out of an alleged act or omission
by a party to the agreement, its employees, officers or
volunteers occurring in connection with any exchange, retention,
storage or processing of data, information or records required
by the agreement. Any liability incurred by a party to an
agreement under this subdivision shall be subject to the
limitations set forth in section 3.736 or 466.04.
Sec. 75. Minnesota Statutes 1990, section 473.811,
subdivision 8, is amended to read:
Subd. 8. [COUNTY SALE OR LEASE.] Each metropolitan county
may sell or lease any facilities or property or property rights
previously used or acquired to accomplish the purposes specified
by sections 473.149, 473.151, 473.801 to 473.823,
473.831, 473.833, and 473.834. Such property may be sold in the
manner provided by section 469.065, or may be sold in the manner
and on the terms and conditions determined by the county board.
Each metropolitan county may convey to or permit the use of any
such property by a local government unit, with or without
compensation, without submitting the matter to the voters of the
county. No real property or property rights acquired pursuant
to this section, may be disposed of in any manner unless and
until the county shall have submitted to the agency and the
metropolitan council for review and comment the terms on and the
use for which the property will be disposed of. The agency and
the council shall review and comment on the proposed disposition
within 60 days after each has received the data relating thereto
from the county.
Sec. 76. Minnesota Statutes 1990, section 473.811,
subdivision 9, is amended to read:
Subd. 9. [SOLID AND HAZARDOUS WASTE FUND.] All money
received by any metropolitan county from any source specified in
sections 473.149, 473.151, 473.801 to 473.823, 473.831, 473.833,
and 473.834 shall be paid into the county treasury, placed in a
special fund designated as the county solid and hazardous waste
fund, and used only for the purposes authorized in those
sections, as appropriated by the county board, subject to any
lawful restrictions, conditions, or pledges applicable thereto.
Sec. 77. Minnesota Statutes 1990, section 473.823,
subdivision 5, is amended to read:
Subd. 5. [REVIEW OF WASTE PROCESSING FACILITIES.] (a) A
metropolitan county may establish a waste processing facility
within the county without complying with local ordinances, if
the action is approved by the council in accordance with the
review process established by this subdivision. A county
requesting review by the council shall show that:
(1) the required permits for the proposed facility have
been or will be issued by the agency, that;
(2) the facility is consistent with the council's policy
plan and the approved county master plan; and that
(3) a local government unit has refused to approve the
establishment or operation of the facility, has failed to deny
or approve establishment or operation of the facility within the
time period required in section 115A.31, or has approved the
application or request with conditions that are unreasonable or
impossible for the county to meet.
(b) The council shall meet to commence the review within 90
days of the submission of a request determined by the council to
satisfy the requirements for review under this subdivision. At
the meeting commencing the review the chair shall recommend and
the council establish a scope and procedure, including criteria,
for its review and final decision on the proposed facility. The
procedure shall require the council to make a final decision on
the proposed facility within 120 days following the commencement
of review. For facilities other than waste incineration and
mixed municipal solid waste composting facilities, the council
shall meet to commence the review within 45 days of submission
of the request and shall make a final decision within 75 days
following commencement of review.
(c) The council shall conduct at least one public hearing
in the city or town within which the proposed facility would be
located. Notice of the hearing 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 hearing. The notice shall describe the proposed facility,
its location, the proposed permits, and the council's scope and,
procedure, and criteria for review. The notice shall identify a
location or locations within the local government unit and
county where the permit applications and the council's
scope and, procedure, and criteria for review are available for
review and where copies may be obtained.
(d) In its review and final decision on the proposed
facility, the council shall consider at least the following
matters:
(a) (1) the risk and effect of the proposed facility on
local residents, units of government, and the local public
health, safety, and welfare, and the degree to which the risk or
effect may be alleviated;
(b) (2) the consistency of the proposed facility with, and
its effect on, existing and planned local land use and
development; local laws, ordinances, and permits; and local
public facilities and services;
(c) (3) the adverse effects of the facility on agriculture
and natural resources and opportunities to mitigate or eliminate
such adverse effects by additional stipulations, conditions, and
requirements respecting the design and operation of the proposed
facility at the proposed site;
(d) (4) the need for the proposed facility and the
availability of alternative sites;
(e) (5) the consistency of the proposed facility with the
county master plan adopted pursuant to section 473.803 and the
council's policy plan adopted pursuant to section 473.149; and
(f) (6) transportation facilities and distance to points of
waste generation.
(e) In its final decision in the review, the council may
either approve or disapprove the proposed facility at the
proposed site. The council's approval shall embody all terms,
conditions, and requirements of the permitting state agencies,
provided that the council may require more stringent permit
terms, conditions, and requirements respecting the design,
construction, operation, inspection, monitoring, and maintenance
of the proposed facility at the proposed site.
Sec. 78. Minnesota Statutes 1990, section 473.823,
subdivision 6, is amended to read:
Subd. 6. [COUNCIL; CERTIFICATION OF NEED.] No new mixed
municipal solid waste disposal facility or capacity 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 that conform to the
certification standards stated in this subdivision. The
standards and procedures shall be based on the council's
disposal abatement plan adopted pursuant to section 473.149,
subdivision 2d, the council's solid waste disposal facilities
development schedule adopted under section 473.149, subdivision
2e, and the provisions of any master plans of counties that have
been approved by the council under section 473.803, subdivision
2, and that are consistent with the council's abatement plan and
development schedule. 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. 79. Minnesota Statutes 1990, section 473.845,
subdivision 3, is amended to read:
Subd. 3. [EXPENDITURES FROM THE FUND.] Money in the fund
may only be appropriated to the agency for expenditure for:
(1) reasonable and necessary expenses for closure and
postclosure care of a mixed municipal solid waste disposal
facility in the metropolitan area for a 20-year period after
closure, if the agency determines that the operator or owner
will not take the necessary actions requested by the agency for
closure and postclosure in the manner and within the time
requested; and
(2) reasonable and necessary response and postclosure costs
at a mixed municipal solid waste disposal facility in the
metropolitan area that has been closed for 20 years in
compliance with the closure and postclosure rules of the agency;
or
(3) reasonable and necessary response costs resulting from
county actions required under section 473.833, subdivision 2a,
when those actions are done under the supervision of the agency.
Sec. 80. Minnesota Statutes 1990, section 473.845,
subdivision 4, is amended to read:
Subd. 4. [EXPENDITURE NOTIFICATION AND COMMISSION
RECOMMENDATION.] (a) The commissioner shall notify the chair and
the director of the legislative commission on waste management
before making expenditures from the fund.
(b) The legislative commission on waste management shall
make recommendations to the standing legislative committees on
finance and appropriations about appropriations from the fund.
Sec. 81. Minnesota Statutes 1990, section 473.848,
subdivision 2, is amended to read:
Subd. 2. [COUNTY CERTIFICATION; COUNCIL APPROVAL.] (a)
Each county that has not implemented designation of all or a
portion of its mixed municipal solid waste to a resource
recovery facility shall submit a semiannual certification report
to the council detailing:
(1) the quantity of waste generated in the county that was
not processed prior to transfer to a disposal facility during
the six months preceding the report;
(2) the reasons the waste was not processed;
(3) a strategy for development of techniques to ensure
processing of waste including a specific timeline for
implementation of those techniques; and
(4) any progress made by the county in reducing the amount
of unprocessed waste.
(b) The council shall approve a county's report if it
determines that the county is reducing and will continue to
reduce the amount of unprocessed waste, based on the report and
the county's progress in development and implementation of
techniques to reduce the amount of unprocessed waste transferred
to disposal facilities. If the council does not approve a
county's report, it shall negotiate with the county to develop
and implement specific techniques to reduce unprocessed waste.
If the council does not approve three or more consecutive
reports from any one county, the council shall develop specific
reduction techniques that are designed for the particular needs
of the county. The county shall implement those techniques by
specific dates to be determined by the council.
Sec. 82. Minnesota Statutes 1990, section 473.848, is
amended by adding a subdivision to read:
Subd. 5. [DEFINITION.] For the purpose of this section,
waste is "unprocessed" if it has not, after collection and
before disposal, undergone at least one process, as defined in
section 115A.03, subdivision 25, excluding storage, exchange,
and transfer of the waste.
Sec. 83. [473.849] [PROHIBITION; SOLID WASTE DISPOSAL.]
No person may place processed or unprocessed mixed
municipal solid waste that is generated in the metropolitan area
in a disposal facility that does not comply with the minimum
requirements for design, construction, and operation of a new
mixed municipal solid waste disposal facility under Minnesota
Rules in effect on January 1, 1991. Each metropolitan county
shall, and each county in which is located a disposal facility
may, enforce this prohibition and may impose penalties and
recover attorney fees and court costs to the same extent as for
enforcement of a designation ordinance under section 115A.86,
subdivision 6. The commissioner of the pollution control agency
may enforce this section under section 115.071 or 116.072.
Sec. 84. [METROPOLITAN DISPOSAL SITES; MORATORIUM;
REPLACEMENT SITING PROCESS; DISPOSAL PROHIBITION ENFORCEMENT
PLAN; STATEWIDE FACILITY SITING PROCEDURES.]
Subdivision 1. [MORATORIUM.] The metropolitan council and
each of the metropolitan counties shall discontinue all
activities under Minnesota Statutes, sections 473.149,
subdivision 2b; 473.803, subdivision 1a; 473.806; 473.831;
473.833; and 473.840 related to the siting of mixed municipal
solid waste disposal facilities, except activities governed by
sections 85 to 87.
Subd. 2. [REPLACEMENT SITING PROCESS.] The seven
metropolitan counties, in consultation with the metropolitan
council and the office of waste management, shall develop a
specific process for siting and developing a disposal facility
within the metropolitan area to accommodate all of the ash
produced or projected to be produced by facilities in operation
or planned to be in operation by August 1, 1996 that process or
will process mixed municipal solid waste generated in the
metropolitan area, and for siting and developing a mixed
municipal solid waste disposal facility within the metropolitan
area unless each county and the council agrees that a mixed
municipal solid waste facility will not be needed within the
next 15 years to adequately manage metropolitan waste. The
counties shall design the siting process to avoid siting
facilities where those facilities could have relatively strong
negative impacts on aquifers. The counties shall report the
proposed process to the legislative commission on waste
management by December 1, 1991, including any necessary
recommendations for legislation to implement the process. The
report shall also include descriptions of how the counties will
share the costs and liabilities of new and existing waste
facilities and how the counties intend to share the waste stream
to ensure that each portion of the waste is most appropriately
managed. The report must also include a detailed description of
how each county plans to enforce the disposal prohibition in
section 83, with copies of any enforcement ordinances adopted.
Subd. 3. [STATEWIDE WASTE FACILITY SITING PROCEDURES.] The
legislative commission on waste management shall study statewide
solid waste management facility siting procedures and shall
recommend legislation by January 1, 1992, to ensure that
environmental and public review of potential sites and
technologies occur early enough in the process to adequately
address environmental and social concerns related to siting and
operation of the facilities.
Subd. 4. [COMMISSION RECOMMENDATION.] After hearing the
report and plans required under subdivision 2, the legislative
commission on waste management shall make a formal
recommendation to either allow the repeal of the existing
metropolitan landfill siting process to take effect as scheduled
or to reinstate that process. The commission shall recommend
allowing the repeal to take effect if it finds that:
(1) the metropolitan counties have designed a workable
replacement process that includes adequate sharing of costs,
liabilities, and waste streams;
(2) each county has an adequate plan and has adopted
adequate ordinances to enforce the disposal prohibition in
section 83; and
(3) each county has implemented a household hazardous waste
collection program required under Minnesota Statutes, section
473.804, notwithstanding the effective date in that section.
The commission shall also work with the metropolitan
counties, the metropolitan council, and the office of waste
management to recommend legislation to implement a replacement
process for siting and developing facilities in the metropolitan
area for the disposal of mixed municipal solid waste and ash
produced by that waste. The recommended replacement siting
process must be designed to avoid, to the greatest extent
possible, siting facilities in locations where the facilities
could have relatively strong negative impacts on aquifers.
Sec. 85. [TEMPORARY DEVELOPMENT RIGHTS.]
If temporary development rights have been purchased by a
county under Minnesota Statutes, section 473.806, subdivision 2,
the landowner may elect to repurchase the development rights
from the county for a price equal to the compensation paid by
the county prorated over the remaining period of the development
rights.
Sec. 86. [CONTINUED LEVY AUTHORITY OF METROPOLITAN
COUNCIL.]
The metropolitan council may continue to levy ad valorem
taxes for debt service of the council's solid waste bonds issued
before the effective date of section 90, paragraph (b), in
accordance with Minnesota Statutes 1990, section 473.831,
subdivision 1.
Sec. 87. [USE OF BOND PROCEEDS.]
Until December 1, 1992, with the approval of the
metropolitan council, counties engaged in environmental analysis
of solid waste disposal sites as of January 1, 1989, under
Minnesota Statutes, section 473.833, subdivision 2a, may use
proceeds of the council's solid waste bonds issued before the
effective date of section 90, paragraph (b), for sealing of
monitoring wells and other measures to restore the candidate
sites for productive use.
Sec. 88. [ADDITION TO REPORT.]
The director of the office of waste management shall
include in the 1992 solid waste management policy report
required under Minnesota Statutes, section 115A.411, an analysis
of progress made toward the implementation of nationwide
labeling of products and packaging to address environmental
concerns. Unless implementation of a nationwide uniform
labeling system is imminent at that time, the director shall
recommend a statewide product and packaging environmental
labeling system that is as consistent as possible with proposed
or existing labeling programs in other states.
Sec. 89. [AIR QUALITY ADVISORY TASK FORCE.]
Subdivision 1. [CREATION.] (a) The air quality advisory
task force consists of 24 members. The speaker of the house of
representatives and the majority leader of the senate shall each
appoint four members from their respective bodies. The
commissioner of the pollution control agency shall serve as the
chair of the task force. The governor shall appoint the 15
other members as follows:
(1) a representative of a major industrial facility holding
an air emission permit issued by the pollution control agency;
(2) a representative of a mining facility holding an air
emission permit issued by the pollution control agency;
(3) a representative of a petroleum refining facility
holding an air emission permit issued by the pollution control
agency;
(4) a representative of a manufacturing facility holding an
air emission permit issued by the pollution control agency;
(5) a representative of a fossil fuel combustion facility
holding an air emission permit issued by the pollution control
agency;
(6) a representative of forest products manufacturing
facilities holding air emissions permits issued by the pollution
control agency;
(7) three representatives of environmental and natural
resource groups;
(8) three members of the public;
(9) the commissioner of the department of health or the
commissioner's designee;
(10) the commissioner of the department of transportation
or the commissioner's designee; and
(11) the commissioner of the department of natural
resources or the commissioner's designee.
(b) The task force terminates on January 1, 1993.
Subd. 2. [DUTIES.] (a) The task force shall conduct a
comprehensive review of the state's air quality. In conducting
the review the task force shall:
(1) identify the air pollution issues of importance to the
state; the past, present, and projected changes in pollution
levels by source category; and the results of existing pollution
prevention and control programs; and
(2) examine all federal and state laws and regulations
related to the identified air quality issues, including the
state's strategies to implement the federal Clean Air Act, the
Minnesota acid deposition control act, the Minnesota toxic
pollution prevention act, and other relevant laws and
regulations, and resources required to implement these programs.
(b) The task force shall report to the legislature on the
results of the review required in paragraph (a) and shall
include recommendations on how best to address the identified
air quality issues, including ways to improve implementation of
existing programs. The recommendations must be based on sound
scientific principles and cost-effective approaches to pollution
prevention and reduction.
(c) The task force shall submit an interim report to the
legislature by January 31, 1992, and a final report by January
1, 1993. The commissioner shall ensure that staff resources
devoted to the task force do not impair the permitting,
enforcement, or rulemaking activities of the air quality
division of the agency.
Sec. 90. [REPEALER.]
(a) Minnesota Statutes 1990, sections 16B.125; 115A.953;
325E.045; and 473.844, subdivision 3, are repealed. Laws 1989,
chapter 325, section 71, subdivision 2, is repealed.
(b) Minnesota Statutes 1990, sections 473.149, subdivision
2b; 473.803, subdivision 1a; 473.806; 473.831; 473.833; and
473.840, are repealed.
Sec. 91. [EFFECTIVE DATES.]
Sections 2, 8, 10, 15, 19, 25, 31, 33, 34, 36, 46, 49, 56,
57, 60, 61, 62, 66, 84, and 86 are effective the day following
final enactment.
Section 13 is effective the day following final enactment
and applies to applications or requests received by a local
government unit on or after the effective date of that section.
Sections 37, subdivision 1, and 38 are effective October 1,
1991.
Section 47 is effective July 1, 1992.
Section 52 is effective June 30, 1991.
Section 53 is effective June 2, 1989, and applies to all
response actions initiated or pending on or after that date.
Sections 63, 64, 67, 69, 71, 73 to 76, 78, 79, 85, 87, and
90, paragraph (b), are effective August 1, 1992.
Section 83 is effective January 1, 1992 for disposal
facilities located outside the metropolitan area, as defined in
section 473.121, and January 1, 1995 for all disposal facilities
regardless of location.
Section 79 does not affect appropriations for response
costs resulting from county actions taken before the effective
date of this act.
Presented to the governor May 31, 1991
Signed by the governor June 4, 1991, 8:42 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes