Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1992, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1992
CHAPTER 593-S.F.No. 2199
An act relating to waste management; defining
postconsumer material; emphasizing and clarifying
waste reduction; setting requirements for use of
labels on products and packages indicating recycled
content; authorizing the director of the office of
waste management to establish rules for reporting
waste statistics; setting a goal for reduction of
packaging in the waste stream; amending provisions
related to designation of waste; strengthening the
requirement for pricing of waste collection based on
volume or weight of waste collected; requiring
recycled content in and recyclability of telephone
directories and requiring recycling of waste
directories; changing provisions relating to financial
responsibility requirements and low-level radioactive
waste; prohibiting the use of petroleum-based sweeping
compound products; requiring labeling of rechargeable
batteries; prohibiting the imposition of fees on the
generation of certain hazardous wastes that are reused
or recycled; requiring studies on automobile waste,
degradable packing material, construction debris, and
used motor oil; and making various other amendments
and additions related to solid waste management;
providing for the Minnesota hazardous materials
incident response act; appropriating money; amending
Minnesota Statutes 1990, sections 16B.121; 115A.03,
subdivision 36a, and by adding subdivisions; 115A.07,
by adding a subdivision; 115A.32; 115A.551,
subdivision 5; 115A.557, subdivision 3; 115A.63,
subdivision 3; 115A.81, subdivision 2; 115A.87;
115A.93, by adding a subdivision; 115A.981; 116.12,
subdivision 2; 325E.125, subdivision 1; 400.08,
subdivisions 4 and 5; 400.161; 473.811, subdivision
5b; and 473.844, subdivision 4; Minnesota Statutes
1991 Supplement, sections 16B.122, subdivision 2;
115A.02; 115A.15, subdivision 9; 115A.411, subdivision
1; 115A.551, subdivisions 2a and 4; 115A.83;
115A.9157, subdivisions 4 and 5; 115A.93, subdivision
3; 115A.931; 115E.04, subdivision 2; 116.07,
subdivision 4h; 116.90; 116C.852; and 473.849; Laws
1990, chapter 600, section 7; Laws 1991, chapter 337,
section 90; proposing coding for new law in Minnesota
Statutes, chapters 16B; 115A; 221; 299A; 299K; and
325E.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
Section 1. Minnesota Statutes 1990, section 16B.121, is
amended to read:
16B.121 [PURCHASE OF RECYCLED, REPAIRABLE, AND DURABLE
MATERIALS.]
The commissioner shall take the recycled content and
recyclability of commodities to be purchased into consideration
in bid specifications. The commissioner shall apply weighting
factors to the recycled content and recyclability criteria in
order to give a preferential treatment to those criteria. State
agencies shall purchase recycled materials when specifications
allow the practical use of the recycled materials and the price
does not exceed the price of nonrecycled materials by more than
ten percent. If possible, state agencies should purchase
materials recycled from waste generated in this state. When
feasible and when the price of recycled materials does not
exceed the price of nonrecycled materials by more than ten
percent, the commissioner, and state agencies when purchasing
under delegated authority, shall purchase recycled materials.
In order to maximize the quantity and quality of recycled
materials purchased, the commissioner, and state agencies when
purchasing under delegated authority, may also use other
appropriate procedures to acquire recycled materials at the most
economical cost to the state.
When purchasing commodities and services, the commissioner,
and state agencies when purchasing under delegated authority,
shall apply and promote the preferred waste management practices
listed in section 115A.02, with special emphasis on reduction of
the quantity and toxicity of materials in waste. The
commissioner, and state agencies when purchasing under delegated
authority, in developing bid specifications, shall consider the
extent to which a commodity or product is durable, reusable, or
recyclable and marketable through the state resource recovery
program.
Sec. 2. Minnesota Statutes 1991 Supplement, section
16B.122, subdivision 2, is amended to read:
Subd. 2. [PURCHASES; PRINTING.] (a) Whenever practicable,
a public entity shall:
(1) purchase uncoated office paper and printing paper;
(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 resource 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 postconsumer material.
(c) A public entity shall print documents on both sides of
the paper where commonly accepted publishing practices allow.
Sec. 3. [16B.123] [PACKING MATERIALS.]
Whenever technically feasible, a public entity shall
purchase and use degradable loose foam packing material
manufactured from vegetable starches or other renewable
resources, unless the cost of the packing material is more than
ten percent greater than the cost of packing material made from
nonrenewable resources. For the purposes of this section,
"packing material" means loose foam material, other than an
exterior packaging shell, that is used to stabilize, protect,
cushion, or brace the contents of a package.
Sec. 4. Minnesota Statutes 1991 Supplement, 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 the amount and toxicity of 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;
(3) composting of yard waste and food waste;
(4) resource recovery through mixed municipal solid waste
composting or incineration; and
(5) land disposal.
Sec. 5. Minnesota Statutes 1990, section 115A.03, is
amended by adding a subdivision to read:
Subd. 6a. [COMMISSIONER.] "Commissioner" means the
commissioner of the pollution control agency.
Sec. 6. Minnesota Statutes 1990, section 115A.03, is
amended by adding a subdivision to read:
Subd. 24b. [POSTCONSUMER MATERIAL.] "Postconsumer material"
means a finished material that would normally be discarded as a
solid waste having completed its life cycle as a consumer item.
Sec. 7. Minnesota Statutes 1990, section 115A.03,
subdivision 36a, is amended to read:
Subd. 36a. [WASTE REDUCTION; SOURCE REDUCTION.] "Waste
reduction" or "source reduction" means an activity that prevents
generation of waste or the inclusion of toxic materials in
waste, including:
(1) reusing a product in its original form,;
(2) increasing the life span of a product,;
(3) reducing material or the toxicity of material used in
production or packaging,; or
(4) changing procurement, consumption, or waste generation
habits to result in smaller quantities or lower toxicity of
waste generated.
Sec. 8. [115A.034] [ENFORCEMENT.]
Chapter 115A may be enforced under section 116.072.
Sec. 9. Minnesota Statutes 1990, section 115A.07, is
amended by adding a subdivision to read:
Subd. 3. [UNIFORM WASTE STATISTICS; RULES.] The director,
after consulting with the commissioner, the metropolitan
council, local government units, and other interested persons,
may adopt rules to establish uniform methods for collecting and
reporting waste reduction, generation, collection,
transportation, storage, recycling, processing, and disposal
statistics necessary for proper waste management and for
reporting required by law. Prior to publishing proposed rules,
the director shall submit draft rules to the legislative
commission on waste management for review and comment. Rules
adopted under this subdivision apply to all persons and units of
government in the state for the purpose of collecting and
reporting waste-related statistics requested under or required
by law.
Sec. 10. Minnesota Statutes 1991 Supplement, 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. By August March 1
of each year the commissioner shall report to the office and the
metropolitan council the estimated recycling rates by county for
state offices and other state operations in the metropolitan
area for the previous fiscal calendar 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. 11. Minnesota Statutes 1990, section 115A.32, is
amended to read:
115A.32 [RULES.]
The office board shall promulgate rules pursuant to chapter
14 to govern its activities under sections 115A.32 to
115A.39. For the purposes of sections 115A.32 to 115A.39,
"board" means the environmental quality board established in
section 116C.03. In all of its activities and deliberations
under sections 115A.32 to 115A.39, the board shall consult with
the director of the office of waste management.
Sec. 12. Minnesota Statutes 1991 Supplement, section
115A.411, subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY; PURPOSE.] The director with
assistance from the commissioner shall prepare and adopt a
report on solid waste management policy excluding the
metropolitan area. The report must be submitted by the director
to the legislative commission on waste management by November 15
July 1 of each even-numbered year and may include reports
required under sections 115A.551, subdivision 4, and 115A.557,
subdivision 4.
Sec. 13. [115A.5501] [REDUCTION OF PACKAGING IN WASTE.]
Subdivision 1. [STATEWIDE WASTE PACKAGING REDUCTION GOAL.]
It is the goal of the state that there be a minimum 25 percent
statewide per capita reduction in the amount of discarded
packaging delivered to solid waste composting, incineration,
refuse derived fuel and disposal facilities by December 31,
1995, based on a reasonable estimate of the amount of packaging
that was delivered to solid waste composting, incineration, and
disposal facilities in calendar year 1992.
Subd. 2. [MEASUREMENT; PROCEDURES.] To measure the overall
percentage of packaging in the statewide solid waste stream, the
commissioner and the chair of the metropolitan council, in
consultation with the director, shall each conduct an annual
four-season solid waste composition study in the nonmetropolitan
and metropolitan areas respectively or shall develop an
alternative method that is as statistically reliable as a waste
composition study to measure the percentage of packaging in the
waste stream.
Beginning in 1993, the chair of the council shall submit
the results from the metropolitan area to the commissioner by
March 1 of each year. The commissioner shall average the
nonmetropolitan and metropolitan results and submit the
statewide percentage, along with a statistically reliable margin
of error, to the director by April 1 of each year. The director
shall report the information to the legislative commission on
waste management by July 1 of each year.
Subd. 3. [FACILITY COOPERATION AND REPORTS.] The owner or
operator of a solid waste composting, incineration, refuse
derived fuel or disposal facility shall allow access upon
reasonable notice to authorized office, agency, or metropolitan
council staff for the purpose of conducting waste composition
studies or otherwise assessing the amount of total packaging in
the waste delivered to the facility under this section.
Beginning in 1993, by February 1 of each year the owner or
operator of a facility governed by this subdivision shall submit
a report to the commissioner, on a form prescribed by the
commissioner, information specifying the total amount of solid
waste received by the facility between January 1 and December 31
of the previous year. The commissioner shall calculate the
total amount of solid waste delivered to solid waste facilities
from the reports received from the facility owners or operators
and shall report the aggregate amount to the director by April 1
of each year. The commissioner shall assess a nonforgivable
administrative penalty under section 116.072 of $500 plus any
forgivable amount necessary to enforce this subdivision on any
owner or operator who fails to submit a report required by this
subdivision.
Subd. 4. [REPORT.] The director shall apply the statewide
percentage determined under subdivision 2 to the aggregate
amount of solid waste determined under subdivision 3 to
determine the amount of packaging in the waste stream. By July
1, 1996, the director shall submit to the legislative commission
on waste management an analysis of the extent to which the waste
packaging reduction goal in subdivision 1 has been met. In
determining whether the goal has been met, the margin of error
must be applied in favor of meeting the goal.
Sec. 14. Minnesota Statutes 1991 Supplement, section
115A.551, subdivision 2a, is amended to read:
Subd. 2a. [SUPPLEMENTARY RECYCLING GOALS.] By July
December 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 "recycle"
and "total solid waste generation" has have the meaning
meanings given it them in subdivision 1, except that it does not
include neither includes yard waste.
Sec. 15. Minnesota Statutes 1991 Supplement, 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 goals
in subdivision subdivisions 2 and 2a and shall report to the
legislative commission on waste management on the progress of
the counties by November 15 of each year. If the office or the
council finds that a county is not progressing toward the goal
goals in subdivision subdivisions 2 and 2a, it shall negotiate
with the county to develop and implement solid waste management
techniques designed to assist the county in meeting the goal
goals, 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. 16. Minnesota Statutes 1990, section 115A.551,
subdivision 5, is amended to read:
Subd. 5. [FAILURE TO MEET GOAL.] (a) A county failing to
meet the interim goals in subdivision 3 shall, as a minimum:
(1) notify county residents of the failure to achieve the
goal and why the goal was not achieved; and
(2) provide county residents with information on recycling
programs offered by the county.
(b) If, based on the recycling monitoring described in
subdivision 4, the office or the metropolitan council finds that
a county will be unable to meet the recycling goal goals
established in subdivision subdivisions 2 and 2a, the office or
council shall, after consideration of the reasons for the
county's inability to meet the goal goals, recommend legislation
for consideration by the legislative commission on waste
management to establish mandatory recycling standards and to
authorize the office or council to mandate appropriate solid
waste management techniques designed to meet the standards in
those counties that are unable to meet the goal goals.
Sec. 17. Minnesota Statutes 1990, section 115A.557,
subdivision 3, is amended to read:
Subd. 3. [ELIGIBILITY TO RECEIVE MONEY.] (a) To be
eligible to receive money distributed by the office under this
section, a county shall within one year of October 4, 1989:
(1) create a separate account in its general fund to credit
the money; and
(2) set up accounting procedures to ensure that money in
the separate account is spent only for the purposes in
subdivision 2.
(b) In each following year, each county shall also:
(1) have in place an approved solid waste management plan
or master plan including a recycling implementation strategy
under section 115A.551, subdivision 7, or 473.803, subdivision
1e, and a household hazardous waste management plan under
section 115A.96, subdivision 6, by the dates specified in those
provisions;
(2) submit a report by August March 1 of each year to the
office detailing how the money was spent and the resulting gains
achieved in solid waste management practices during the previous
fiscal calendar year; and
(3) provide evidence to the office that local revenue equal
to 25 percent of the money sought for distribution under this
section will be spent for the purposes in subdivision 2.
(c) The office shall withhold all or part of the funds to
be distributed to a county under this section if the county
fails to comply with this subdivision and subdivision 2.
Sec. 18. [115A.56] [RECYCLED CONTENT; LABELS.]
A person may not label or otherwise indicate on a product
or package for sale or distribution that the product or package
contains recycled material unless the label or other indication
states the minimum percentage of postconsumer material in the
product or package:
(1) by weight for a finished nonpaper product or package;
and
(2) by fiber content for a finished paper product or
package.
For the purposes of this section "product" includes
advertising materials and campaign material as defined in
section 211B.01, subdivision 2.
Sec. 19. Minnesota Statutes 1990, section 115A.63,
subdivision 3, is amended to read:
Subd. 3. [RESTRICTIONS.] No waste district shall be
established within the boundaries of the Western Lake Superior
Sanitary District established by Laws 1971, chapter 478, as
amended. No waste district shall be established wholly within
one county. The office director shall not establish a waste
district within or extending into the metropolitan area, nor
define or alter the powers or boundaries of a district, without
the approval of the metropolitan council. The council shall not
approve a district unless the articles of incorporation of the
district require that the district will have the same procedural
and substantive responsibilities, duties, and relationship to
the metropolitan agencies as a metropolitan county. The office
shall not establish a district unless the petitioners
demonstrate that they are unable to fulfill the purposes of a
district through joint action under section 471.59. The office
director shall require the completion of a comprehensive solid
waste management plan conforming to the requirements of section
115A.46, by petitioners seeking to establish a district.
Sec. 20. Minnesota Statutes 1990, section 115A.81,
subdivision 2, is amended to read:
Subd. 2. [DESIGNATION.] "Designation" means a requirement
by a waste management district or county that all or any portion
of the mixed municipal solid waste that is generated within its
boundaries or any service area thereof be delivered to a
processing or disposal facility identified by the district or
county.
Sec. 21. Minnesota Statutes 1991 Supplement, section
115A.83, is amended to read:
115A.83 [EXEMPTION WASTES SUBJECT TO DESIGNATION;
EXEMPTIONS.]
Subdivision 1. [APPLICATION.] Designation applies to the
following wastes:
(1) mixed municipal solid waste; and
(2) other solid waste that prior to final processing or
disposal:
(i) is not managed as a separate waste stream; or
(ii) is managed as a separate waste stream using a waste
management practice that is ranked lower on the list of waste
management practices in section 115A.02, paragraph (b), than the
primary waste management practice that would be used on the
waste at the designated facility.
Subd. 2. [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;
(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; or
(4) recyclable materials that are being recycled, and
residuals from recycling if there is at least an 85 percent
volume reduction in the solid waste processed at the recycling
facility and the residuals are managed as separate waste streams.
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. 22. Minnesota Statutes 1990, section 115A.87, is
amended to read:
115A.87 [JUDICIAL REVIEW.]
An action challenging a designation must be brought within
60 days of the approval of the designation by the reviewing
authority. The action is subject to section 562.02.
In any action challenging a designation ordinance or the
implementation of a designation ordinance, the person bringing
the challenge shall notify the attorney general. The attorney
general may intervene in any administrative or court action to
represent the state's interest in designation of solid waste.
Sec. 23. Minnesota Statutes 1991 Supplement, section
115A.9157, subdivision 4, is amended to read:
Subd. 4. [PILOT PROJECTS.] By April 15, 1992,
manufacturers whose rechargeable batteries or products powered
by nonremovable rechargeable batteries are sold in this state
shall implement pilot projects for the collection and proper
management of all rechargeable batteries and the participating
manufacturers' products powered by nonremovable rechargeable
batteries. Manufacturers may act as a group or through a
representative organization. The pilot projects must run for a
minimum of 18 months and be designed to collect sufficient
statewide data for the design and implementation of permanent
collection and management programs that may be reasonably
expected to collect at least 90 percent of waste rechargeable
batteries and the participating manufacturers' products powered
by rechargeable batteries that are generated in the state.
By December 1, 1991, the manufacturers or their
representative organization shall submit plans for the projects
to the legislative commission. At least every six months during
the pilot projects the manufacturers shall submit progress
reports to the commission. The commission shall review the
plans and progress reports.
By November 1, 1993, the manufacturers or their
representative organization shall report to the legislative
commission the final results of the projects and plans for
implementation of permanent programs. The commission shall
review the final results and plans.
Sec. 24. Minnesota Statutes 1991 Supplement, section
115A.9157, subdivision 5, is amended to read:
Subd. 5. [COLLECTION AND MANAGEMENT PROGRAMS.] By April
15, 1994, the manufacturers or their representative organization
shall implement permanent programs, based on the results of the
pilot projects required in subdivision 3 4, that may be
reasonably expected to collect 90 percent of the waste
rechargeable batteries and the participating manufacturers'
products powered by rechargeable batteries that are generated in
the state. The batteries and products collected must be
recycled or otherwise managed or disposed of properly.
Sec. 25. Minnesota Statutes 1991 Supplement, section
115A.93, subdivision 3, is amended to read:
Subd. 3. [LICENSE REQUIREMENTS; PRICING BASED ON VOLUME OR
WEIGHT.] (a) A licensing authority shall require that licensees
to impose charges for collection of mixed municipal solid
waste vary that increase 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. 26. Minnesota Statutes 1990, section 115A.93, is
amended by adding a subdivision to read:
Subd. 3a. [VOLUME REQUIREMENT.] A licensing authority that
requires a pricing system based on volume instead of weight
under subdivision 3 shall determine a base unit size for an
average small quantity household generator and establish, or
require the licensee to establish, a multiple unit pricing
system that ensures that amounts of waste generated in excess of
the base unit amount are priced higher than the base unit price.
Sec. 27. [115A.9301] [SOLID WASTE COLLECTION; VOLUME- OR
WEIGHT-BASED PRICING.]
Subdivision 1. [REQUIREMENT.] A local government unit that
collects charges for solid waste collection directly from waste
generators shall implement charges that increase as the volume
or weight of the waste collected on-site from each generator's
residence or place of business increases.
Subd. 2. [VOLUME REQUIREMENT.] If a local government unit
implements a pricing system based on volume instead of weight
under subdivision 1, it shall determine a base unit size for an
average small quantity household generator and establish a
multiple unit pricing system that ensures that amounts of waste
generated in excess of the base unit amount are priced higher
than the base unit price.
Sec. 28. Minnesota Statutes 1991 Supplement, section
115A.931, is amended to read:
115A.931 [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 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 reuse, composting, or co-composting.
(b) Yard waste subject to this subdivision is includes
garden wastes, leaves, lawn cuttings, weeds, shrub and tree
waste, and prunings.
Sec. 29. [115A.951] [TELEPHONE DIRECTORIES.]
Subdivision 1. [DEFINITION.] For the purposes of this
section, a "telephone directory" means a printed list of
residential, governmental, or commercial telephone service
subscribers or users, or a combination of subscribers or users,
that contains more than 7,500 listings and is distributed to the
subscribers or users.
Subd. 2. [PROHIBITION.] A person may not place a telephone
directory:
(1) in solid waste;
(2) in a disposal facility; or
(3) in a resource recovery facility, except a recycling
facility.
Subd. 3. [RECYCLABILITY.] A person may not distribute a
telephone directory to any person in this state unless the
telephone directory:
(1) is printed on paper that is recyclable;
(2) is printed with inks that contain no heavy metals or
other toxic materials; and
(3) is bound with materials that pose no unreasonable
barriers to recycling of the directory.
Subd. 4. [COLLECTION OF USED DIRECTORIES.] Each publisher
or distributor of telephone directories shall:
(1) provide for the collection and delivery to a recycler
of waste telephone directories;
(2) inform recipients of directories of the collection
system; and
(3) submit a report to the office of waste management by
August 1 of each year that specifies the percentage of
distributed directories collected as waste directories by
distribution area and the locations where the waste directories
were delivered for recycling and that verifies that the
directories have been recycled.
Sec. 30. Minnesota Statutes 1990, section 115A.981, is
amended to read:
115A.981 [SOLID WASTE DISPOSAL FACILITIES ANNUAL
REPORTING MANAGEMENT; ECONOMIC STATUS AND OUTLOOK.]
Subdivision 1. [RECORD KEEPING REQUIREMENTS.] The owner or
operator of a solid waste disposal facility must maintain the
records necessary to comply with the requirements of subdivision
2.
Subd. 2. [ANNUAL REPORTING.] (a) The owner or operator of
a solid waste disposal facility must:
(1) shall submit an annual report to the agency under
section 115A.32; commissioner that includes:
(2) (1) annually certify a certification that it the
owner or operator has established financial assurance for
closure, postclosure care, and corrective action at the facility
by using one or more of the financial assurance mechanisms
specified by rule and specification of the financial assurance
mechanism used, including the amount paid in or assured during
the past year and the total amount of financial assurance
accumulated to date; and
(3) (2) file a fee schedule with the agency with the
annual report.
(b) The fee schedule must list of fees charged by the
facility for waste management, including all tipping fees,
rates, charges, surcharges, and any other fees charged by to
each classification of customer.
(b) The agency may suspend the operation of a disposal
facility whose permittee fails to file the information required
under this subdivision. The owner or operator of a facility may
not increase fees until 30 days after the owner or operator has
submitted a fee schedule amendment to the agency commissioner.
Subd. 3. [AGENCY REPORT.] (a) The agency commissioner
shall report to the legislative commission on waste management
by July 1 of each odd-numbered year on the viability economic
status and outlook of the state's solid waste processing and
disposal capability, the status of competitive forces in the
market including recycling, composting, waste reduction and
incineration, management sector including:
(1) an estimate of the extent to which existing fees prices
for services are sufficient for facility development,
engineering, solid waste management paid by consumers reflect
costs related to environmental and safety factors, the progress
of the industry in meeting the state's waste management
goals, public health protection, including a discussion of how
prices are publicly and privately subsidized and how identified
costs of waste management are not reflected in the prices;
(2) a discussion of how the market structure for solid
waste management influences prices, considering:
(i) changes in the solid waste management market structure;
(ii) the relationship between public and private
involvement in the market; and
(iii) the effect on market structures of waste management
laws and rules; and
(3) any recommendations for regulations strengthening or
improving the market structure for solid waste management to
ensure protection of human health and the environment, taking
into account the preferred waste management practices listed in
section 115A.02 and considering the experiences of other states.
(b) In preparing the report, the agency commissioner shall:
(1) consult with the director; the metropolitan council;
local government units; solid waste collectors, transporters,
and processors; owners and operators of solid waste disposal
facilities; and other interested persons;
(2) consider information received under subdivision 2; and
(3) analyze information gathered and comments received
relating to the most recent solid waste management policy report
prepared under section 115A.411.
The commissioner shall also recommend any legislation
necessary to ensure adequate and reliable information needed for
preparation of the report.
(c) If an action recommended by the commissioner under
paragraph (a) would significantly affect the solid waste
management market structure, the commissioner shall, in
consultation with the entities listed in paragraph (b), clause
(1), prepare and include in the report an analysis of the
potential impacts and effectiveness of the action, including
impacts on:
(1) the public and private waste management sectors;
(2) future innovation and responsiveness to new approaches
to solid waste management; and
(3) the costs of waste management.
(d) The report must also include:
(1) statewide and facility by facility estimates of the
total potential costs and liabilities associated with solid
waste disposal facilities for closure and postclosure care,
response costs under chapter 115B, and any other potential
costs, liabilities, or financial responsibilities;
(2) statewide and facility by facility requirements for
proof of financial responsibility under section 116.07,
subdivision 4h; and
(3) an annual update addressing how each facility is
meeting its financial responsibility under section 116.07,
subdivision 4h, and how each facility is meeting those
requirements.
Sec. 31. Minnesota Statutes 1991 Supplement, section
116.07, subdivision 4h, is amended to read:
Subd. 4h. [FINANCIAL RESPONSIBILITY RULES.] (a) The agency
shall adopt rules requiring the operator or owner of a solid
waste disposal facility to submit to the agency proof of the
operator's or owner's financial capability to provide reasonable
and necessary response during the operating life of the facility
and for 20 years after closure, and to provide for the closure
of the facility and postclosure care required under agency
rules. Proof of financial responsibility is required of the
operator or owner of a facility receiving an original permit or
a permit for expansion after adoption of the rules. Within 180
days of the effective date of the rules or by July 1, 1987,
whichever is later, proof of financial responsibility is
required of an operator or owner of a facility with a remaining
capacity of more than five years or 500,000 cubic yards that is
in operation at the time the rules are adopted. Compliance with
the rules and the requirements of paragraph (b) is a condition
of obtaining or retaining a permit to operate the facility.
(b) The agency shall amend the rules adopted under
paragraph (a) to allow A municipality, as defined in section
475.51, subdivision 2, including a sanitary district, that owns
or operates a solid waste disposal facility that was in
operation on May 15, 1989, to may meet its financial
responsibility for all or a portion of the contingency action
portion of the reasonable and necessary response costs at the
facility through its authority to issue bonds, provided that the
method developed in the rules will ensure that when funds are
needed for a contingency action, sufficient bonds can and will
be issued by the municipality by pledging its full faith and
credit to meet its responsibility.
The rules must include at least The pledge must be made in
accordance with the requirements in chapter 475 for issuing
bonds of the municipality, and the following additional
requirements:
(1) a requirement that The governing body of the
municipality shall enact an ordinance that clearly accepts
responsibility for the costs of contingency action at the
facility and that reserves, during the operating life of the
facility and for 20 years after closure, a portion of the debt
limit of the municipality, as established under section 475.53
or other law, that is equal to the total contingency action
costs calculated under the rules;.
(2) a requirement that The municipality assure shall
require that all collectors that haul to the facility implement
a plan for reducing solid waste by using volume-based pricing,
recycling incentives, or other means;.
(3) a requirement that When a municipality opts under the
rules to meet a portion of its financial responsibility by
relying on its authority to issue bonds, it shall also begin
setting aside funds in a dedicated long-term care trust fund
money that will cover a portion of the potential contingency
action costs at the facility, the amount to be determined by the
agency for each facility based on at least the amount of waste
deposited in the disposal facility each year, and the likelihood
and potential timing of conditions arising at the facility that
will necessitate response action; and. The agency may not
require a municipality to set aside more than five percent of
the total cost in a single year.
(4) a requirement that A municipality shall have and
consistently maintain an investment grade bond rating as a
condition of using bonding authority to meet financial
responsibility under this section.
(5) The municipality shall file with the commissioner of
revenue its consent to have the amount of its contingency action
costs deducted from state aid payments otherwise due the
municipality and paid instead to the environmental response,
compensation, and compliance account created in section 115B.20,
if the municipality fails to conduct the contingency action at
the facility when ordered by the agency. If the agency notifies
the commissioner that the municipality has failed to conduct
contingency action when ordered by the agency, the commissioner
shall deduct the amounts indicated by the agency from the state
aids in accordance with the consent filed with the commissioner.
(6) The municipality shall file with the agency written
proof that it has complied with the requirements of paragraph
(b).
(c) Counties shall comply with existing financial
responsibility rules until those rules are amended under
paragraph (b), and, after that time, counties shall comply with
the amended rules. The method for proving financial
responsibility developed under paragraph (b) may not be applied
to a new solid waste disposal facility or to expansion of an
existing facility, unless the expansion is a vertical
expansion. Vertical expansions of qualifying existing
facilities cannot be permitted for a duration of longer than
three years.
Sec. 32. Minnesota Statutes 1990, section 116.12,
subdivision 2, is amended to read:
Subd. 2. [HAZARDOUS WASTE GENERATOR FEE.] (a) Each
generator of hazardous waste shall pay a fee on the hazardous
waste generated by that generator. The agency shall compute the
amount of the fee due based on the hazardous waste disclosures
submitted by the generators and other information available to
the agency. The agency shall annually prepare a statement of
the amount of the fee due from each generator. The fee shall be
paid annually commencing with the first day of the calendar
quarter after the date of the statement.
(b) The agency may exempt generators of small quantities of
hazardous wastes otherwise subject to the fee if it finds that
the cost of administering a fee on those generators is excessive
relative to the proceeds of the fee. The fee shall consist of a
minimum fee for each generator not exempted by the agency and an
additional fee based on the quantity of wastes generated by the
generator.
(c) If any metropolitan counties recover the costs of
administering county hazardous waste regulations by charging
fees, the fees charged by the agency outside of those counties
shall not exceed the fees charged by those counties. The agency
shall not charge a fee in any metropolitan county which charges
such a fee. The agency shall impose a fee calculated as a
surcharge on the fees charged by the metropolitan counties and
by the agency to reflect the agency's expenses in carrying out
its statewide hazardous waste regulatory responsibilities. The
surcharge imposed on the fees charged by the metropolitan
counties shall be collected by the metropolitan counties in the
manner in which the counties collect their generator fees.
Metropolitan counties shall remit the proceeds of the surcharge
to the agency by the last day of the month following the month
in which they were collected.
(d) The agency may not impose a fee under this subdivision
on material that is reused at the facility where the material is
generated in a manner that the facility owner or operator can
demonstrate does not increase the toxicity of, or the level of
hazardous substances or pollutants or contaminants in, products
that leave the facility.
Sec. 33. Minnesota Statutes 1991 Supplement, section
116.90, is amended to read:
116.90 [REFUSE DERIVED FUEL.]
Subdivision 1. [DEFINITIONS.] (a) The definitions in this
subdivision apply to this section.
(b) "Agency" means the pollution control agency.
(c) "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) (d) "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) (e) "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 manufactured and sold in
compliance with permits issued by the agency and:
(i) is produced by a facility for which a permit was issued
by the agency before June 1, 1991; or
(ii) is produced by an agency-permitted facility designed
as part of a regional waste management system at which facility
the waste is mechanically and hand sorted to avoid inclusion of
items containing mercury or other heavy metals in the waste that
is processed into refuse derived fuel, and the refuse derived
fuel producer has contracted with an end user to combust the
fuel; and
(5) the owner or operator of the solid fuel fired boiler
gives prior written notice to the commissioner of the agency of
the amount of refuse derived fuel expected to be used and the
date on which the use is expected to begin.
(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.
(c) The agency may not require, as a condition of using
refuse derived fuel under this section, any additional
monitoring or testing of a solid fuel fired boiler's air
emissions beyond the monitoring or testing required by state or
federal law or by the terms of the solid fuel fired boiler's
permit issued by the agency.
Sec. 34. Minnesota Statutes 1991 Supplement, section
116C.852, is amended to read:
116C.852 [LOW-LEVEL RADIOACTIVE WASTE DISPOSAL.]
All (a) Except as provided in paragraph (b), low-level
radioactive waste that may not be treated, recycled, stored, or
disposed of in this state shall conform to applicable federal
and state requirements except at a facility that is specifically
licensed for treatment, recycling, storage, or disposal of
low-level radioactive waste, regardless of whether or not the
waste has been reclassified as "below regulatory concern" by the
United States Nuclear Regulatory Commission pursuant to under a
generic rule or standard adopted after January 1 July 2, 1990.
(b) Paragraph (a) does not apply to treatment, recycling,
storage, or disposal of low-level radioactive waste that is
specifically authorized under a license issued by the United
States Nuclear Regulatory Commission, or is otherwise authorized
under regulations of the United States Nuclear Regulatory
Commission in effect on July 2, 1990.
Sec. 35. Minnesota Statutes 1990, section 325E.125,
subdivision 1, is amended to read:
Subdivision 1. [IDENTIFICATION LABELING.] (a) The
manufacturer of a button cell battery that is to be sold in this
state shall ensure that each battery is labeled to clearly
identifiable as to identify for the final consumer of the
battery the type of electrode used in the battery.
(b) The manufacturer of a rechargeable battery that is to
be sold in this state shall ensure that each rechargeable
battery is labeled to clearly identify for the final consumer of
the battery the type of electrode and the name of the
manufacturer. The manufacturer of a rechargeable battery shall
also provide clear instructions for properly recharging the
battery.
Sec. 36. [325E.40] [SALE OF PETROLEUM-BASED SWEEPING
COMPOUND PRODUCTS PROHIBITED.]
Subdivision 1. [PROHIBITION.] A person may not offer for
sale or sell any sweeping compound product that the person knows
contains petroleum oil.
Subd. 2. [LABELING.] The manufacturer of sweeping compound
that is to be sold in this state shall label the packaging for
the compound to clearly indicate the type of oil contained in
the compound.
Subd. 3. [ENFORCEMENT.] In addition to the enforcement
mechanisms available for this chapter, the commissioner of the
pollution control agency may enforce this section under section
116.072.
Sec. 37. Minnesota Statutes 1990, section 400.08,
subdivision 4, is amended to read:
Subd. 4. [COLLECTION.] (a) The rates and charges may be
billed and collected in a manner the board shall determine.
(b) On or before October 15 in each year, the county board
may certify to the county auditor all unpaid outstanding
charges, and a description of the lands against which the
charges arose. It shall be the duty of the county auditor, upon
order of the county board, to extend the assessments, with
interest not to exceed the interest rate provided for in section
279.03, subdivision 1, upon the tax rolls of the county for the
taxes of the year in which the assessment is filed. For each
year ending October 15 the assessment with interest shall be
carried into the tax becoming due and payable in January of the
following year, and shall be enforced and collected in the
manner provided for the enforcement and collection of real
property taxes in accordance with the provisions of the laws of
the state. The charges, if not paid, shall become delinquent
and be subject to the same penalties and the same rate of
interest as the taxes under the general laws of the state.
(c) In addition to any other manner of collection that may
be established under paragraph (a), a county may:
(1) require as a condition of a license issued under
section 115A.93 that the licensee collect service charges
established under subdivision 3 from solid waste generators for
remittal to the county; and
(2) audit a licensed collector's records of the charges
collected under clause (1) and the amount of waste collected
only to the extent necessary to ensure that all charges required
to be collected are remitted to the county.
Data received under clause (2) are private or nonpublic data as
defined in section 13.02, subdivision 9 or 12.
Sec. 38. Minnesota Statutes 1990, section 400.08,
subdivision 5, is amended to read:
Subd. 5. [FINANCIAL INCENTIVES TO RECYCLE.] A county may:
(1) charge or may require any person who collects solid
waste in the county to charge solid waste generators rates for
collection or disposal solid waste management services that vary
depending on the increase as the weight or volume of waste
generated increases;
(2) require collectors to provide financial incentives to
solid waste generators who separate recyclable materials from
their waste; or
(3) require use of any other mechanism to provide
encouragement or rewards to solid waste generators who reduce
their waste generation or who separate recyclable materials from
their waste.
Sec. 39. Minnesota Statutes 1990, section 400.161, is
amended to read:
400.161 [HAZARDOUS WASTE REGULATIONS.]
(a) The county may by ordinance establish and revise rules,
regulations, and standards relating to (a) (1) identification of
hazardous waste, (b) (2) the labeling and classification of
hazardous waste, (c) (3) the collection, transportation,
processing, disposal, and storage of hazardous waste, (d) and
(4) other matters as may be determined necessary for the public
health, welfare and safety. The county may issue permits or
licenses for hazardous waste generation and may require the
generators be registered with a county office. The ordinance
may require appropriate procedures for the payment by the
generator of any costs incurred by the county in completing such
procedures. If the generator fails to complete such procedures,
the county may recover the costs of completion in a civil action
in any court of competent jurisdiction or, in the discretion of
the board, the costs may be certified to the county auditor as a
special tax against the land as other taxes are collected. The
ordinance may be enforced by injunction, action to compel
performance, or other action in district court. County
hazardous waste ordinances shall embody and be consistent with
agency hazardous waste rules. Counties shall submit adopted
ordinances to the agency for review. In the event that agency
rules are modified, each county shall modify its ordinances
accordingly and shall submit the modification to the agency for
review within 120 days. Issuing, denying, modifying, imposing
conditions upon, or revoking permits or licenses and county
hazardous waste regulations and ordinances shall be subject to
review, denial, suspension, modification, and reversal by the
pollution control agency. The pollution control agency shall
after written notification have 15 days in the case of hazardous
waste permits and licenses and 30 days in the case of hazardous
waste ordinances to review, deny, suspend, modify, or reverse
the action of the county. After this period, the action of the
county board shall be final subject to appeal to the district
court as provided in section 115.05.
(b) A county may not impose a fee under this section on
material that is reused at the facility where the material is
generated in a manner that the facility owner or operator can
demonstrate does not increase the toxicity of, or the level of
hazardous substances or pollutants or contaminants in, products
that leave the facility.
Sec. 40. Minnesota Statutes 1990, section 473.811,
subdivision 5b, is amended to read:
Subd. 5b. [ORDINANCES; HAZARDOUS WASTE MANAGEMENT.] (a)
Each metropolitan county shall by ordinance establish and revise
rules, regulations, and standards relating to (a) (1) the
identification of hazardous waste, (b) (2) the labeling and
classification of hazardous waste, (c) (3) the collection,
storage, transportation, processing, and disposal of hazardous
waste, and (d) (4) other matters necessary for the public
health, welfare and safety. The county shall require permits or
licenses for the generation, collection, processing, and
disposal of hazardous waste and shall require registration with
a county office. County hazardous waste ordinances shall embody
and be consistent with agency hazardous waste rules. Counties
shall submit adopted ordinances to the agency for review. In
the event that agency rules are modified, each county shall
modify its ordinances accordingly and shall submit the
modification to the agency for review within 120 days. Issuing,
denying, suspending, modifying, imposing conditions upon, or
revoking hazardous waste permits or licenses, and county
hazardous waste regulations and ordinances, shall be subject to
review, denial, suspension, modification, and reversal by the
agency. The agency shall after written notification have 15
days in the case of hazardous waste permits and licenses and 30
days in the case of hazardous waste ordinances to review,
suspend, modify, or reverse the action of the county. After
this period, the action of the county board shall be final
subject to appeal to the district court in the manner provided
in chapter 14.
(b) A metropolitan county may not impose a fee under this
subdivision on material that is reused at the facility where the
material is generated in a manner that the facility owner or
operator can demonstrate does not increase the toxicity of, or
the level of hazardous substances or pollutants or contaminants
in, products that leave the facility.
Sec. 41. Minnesota Statutes 1990, section 473.844,
subdivision 4, is amended to read:
Subd. 4. [RESOURCE RECOVERY GRANTS AND LOANS.] The grant
and loan program under this subdivision is administered by the
metropolitan council. Grants and loans may be made to any
person for resource recovery projects. The grants and loans may
include the cost of planning, acquisition of land and equipment,
and capital improvements. Grants and loans for planning may not
exceed 50 percent of the planning costs. Grants and loans for
acquisition of land and equipment and for capital improvements
may not exceed 50 percent of the cost of the project. Grants
and loans may be made for public education on the need for the
resource recovery projects. A grant or loan for land,
equipment, or capital improvements may not be made until the
metropolitan council has determined the total estimated capital
cost of the project and ascertained that full financing of the
project is assured. Grants and loans made to cities, counties,
or solid waste management districts must be for projects that
are in conformance with approved master plans. A grant or loan
to a city or town must be reviewed and approved by the county
for conformance with the county master plan. The council shall
require, where practical, cooperative purchase between cities,
counties, and districts of capital equipment.
Sec. 42. Minnesota Statutes 1991 Supplement, section
473.849, is amended to read:
473.849 [PROHIBITION; SOLID WASTE DISPOSAL.]
No person may place processed or unprocessed mixed
municipal, or transport for placement, solid waste that is
generated in the metropolitan area in a portion of 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 for the type of solid waste being disposed.
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. 43. Laws 1991, chapter 337, section 90, is amended to
read:
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 72, 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. 44. Laws 1990, chapter 600, section 7, is amended to
read:
Sec. 7. [DUTIES OF THE ADVISORY TASK FORCE ON LOW-LEVEL
RADIOACTIVE WASTE DEREGULATION.]
The advisory task force on low-level radioactive waste
deregulation shall:
(1) design and initiate a study that will be a cost-benefit
analysis of deregulation of "low-level" radioactive waste costs,
including health, and environmental costs and effects, including
both dollar and nondollar effects in both the long-term and the
short-term;
(2) determine who will conduct the study;
(3) determine the timelines for the study;
(4) evaluate the cost-benefit study; and
(5) make a recommendation on continuation of the moratorium
and other recommendations to the legislature by January 1, 1994
1996.
Sec. 45. [INTERIM ORGANIZED SOLID WASTE COLLECTION.]
(a) A city with a population, according to the 1990 federal
census, of more than 10,000 and less than 12,000 that, before
the effective date of this section, has begun the process of
organizing solid waste collection under Minnesota Statutes,
section 115A.94, and that is a party to an exclusive contract
for collection of solid waste that will expire before the new
organized collection system will be effective, may:
(1) negotiate an extension of the existing exclusive
contract to the date the new organized collection system will be
effective;
(2) negotiate one or more separate waste collection
contracts for the period between the expiration of the existing
exclusive contract and the date the new organized collection
system will be effective; or
(3) otherwise negotiate, with or without competitive bids,
an interim waste collection system that may not be extended
beyond the date the new organized collection system will be
effective.
(b) This section does not affect the applicability of
Minnesota Statutes, section 115A.94, to the city's new organized
collection system.
Sec. 46. [AUTOMOBILE WASTE; STUDY AND RECOMMENDATIONS.]
The legislative commission on waste management, in
consultation with the commissioner of the pollution control
agency, the director of the office of waste management, and
other interested persons, shall study the existing system for
managing automobile-related wastes other than air emissions and,
if necessary, recommend appropriate legislation for
consideration during the 1993 legislative session to ensure that
materials from automobiles that cause damage if released into
the environment are properly removed and managed during
maintenance and prior to recycling or disposal of the
automobiles and to ensure that waste automobile hulks are
properly recycled or disposed.
Sec. 47. [CONSTRUCTION DEBRIS AND NONHAZARDOUS INDUSTRIAL
WASTE; STUDY AND RECOMMENDATIONS.]
The commissioner of the pollution control agency shall
gather information about construction debris and nonhazardous
industrial waste, including composition, possibilities for
source reduction, recyclability and recycling rates,
processibility and processing rates, and existing disposal
system. The commissioner shall summarize the information and
present the summary to the legislative commission on waste
management by August 15, 1993, including, if the commissioner
determines that legislation is necessary to adequately regulate
generation and management of construction debris or nonhazardous
industrial waste, recommendations for appropriate legislation.
Sec. 48. [USED MOTOR OIL; STUDY AND RECOMMENDATIONS.]
The commissioner of the pollution control agency, in
consultation with the director of the office of waste
management, shall identify locations for the retail sale of
motor oil and locations for the deposit and collection of used
motor oil across the state to determine the extent of compliance
with Minnesota Statutes, section 325E.11, and to determine
whether used oil is being properly managed. By August 15, 1993,
the commissioner shall report to the legislative commission on
waste management on compliance with the law, the general
management system for used motor oil, and any appropriate
recommendations for legislation to ensure that used motor oil is
properly managed and that persons who generate used motor oil
have reasonably convenient opportunities for discarding the used
oil.
Sec. 49. [ASSESSMENT OF REGIONAL WASTE MANAGEMENT NEEDS.]
By July 15, 1993, the director of the office of waste
management, in consultation with, and after approval of
metropolitan area information by, the chair of the metropolitan
council, shall submit to the legislative commission on waste
management a preliminary assessment of the need for additional
regional solid waste management capacity in the state, including
the metropolitan area. The preliminary assessment must be based
on a review of existing county solid waste management plans, the
current metropolitan solid waste management policy plan, and the
current metropolitan counties' solid waste management master
plans. The preliminary assessment of need for additional
capacity must identify likely regions of the state, based on the
current patterns for the flow and management of waste, within
which the needs for capacity can be most efficiently and
economically met. The assessment must be made in light of
existing facilities and the waste management priorities and
policies stated in Minnesota Statutes, section 115A.02, with
strong emphasis given to the potential for significant
improvements in waste reduction and recycling. The assessment
must include estimates of the capital costs necessary to ensure
sufficient solid waste management capacity for a period of at
least 20 years, the extent to which fees and other existing
financing methods can cover those costs, the extent to which
those costs will need to be publicly subsidized, and the extent
to which private investment is likely to occur in building and
operating new capacity statewide.
Sec. 50. [DEGRADABLE LOOSE PACKING MATERIAL; STUDY.]
The director of the office of waste management, in
consultation with the commissioner of agriculture, shall
evaluate the relative economic, recycling, and waste management
advantages and disadvantages of loose packing material
manufactured from vegetable starches and loose packing material
manufactured from petroleum products. The director shall report
the findings of the evaluation, along with any legislative
recommendations the director deems necessary, to the legislative
commission on waste management by January 1, 1993.
Sec. 51. [ASSESSMENT OF LAND DISPOSAL FACILITIES.]
(a) For the purposes of this section, "facility" means a
permitted mixed municipal solid waste disposal facility, as
defined in Minnesota Statutes, section 115A.03.
(b) By October 9, 1994, the commissioner of the pollution
control agency shall inspect all facilities and portions of
facilities that have stopped accepting waste by October 9, 1993,
to determine the status of closure activities and to evaluate
the environmental and public health threats posed by the
facility. The commissioner may undertake activities necessary
to:
(1) evaluate the adequacy of final cover, slopes,
vegetation, and erosion control;
(2) determine the presence and concentration of hazardous
substances, pollutants or contaminants, and decomposition gases;
and
(3) determine the boundaries of the fill areas.
(c) The commissioner of the pollution control agency shall
identify actions that are necessary to achieve compliance with
the following closure requirements at facilities inspected under
paragraph (b):
(1) for a facility or portion of a facility that stopped
accepting waste before November 15, 1988, the closure
requirements in rules of the pollution control agency in effect
on the effective date of this section; and
(2) for a facility or portion of a facility that stopped
accepting waste after November 15, 1988, the closure
requirements in the facility's permit and the rules of the
pollution control agency in effect on the effective date of this
section.
Actions identified by the commissioner under this paragraph may
include moving or consolidating waste from facilities.
(d) The commissioner of the pollution control agency shall
establish a proposed priority list of the evaluated facilities
based on the relative risk or danger to public health or welfare
or the environment, taking into consideration to the extent
possible the population at risk, the hazardous potential of
substances at the facility, the potential for contamination of
drinking water supplies, the potential for direct human contact,
the potential for destruction of sensitive ecosystems, and other
appropriate factors.
Sec. 52. [COUNTY RECYCLING; REPORT; 1991.]
For the reports due on August 1, 1992, under Minnesota
Statutes, section 115A.557, subdivision 3, counties shall report
recycling rates and information for calendar year 1991 rather
than for the previous fiscal year.
Sec. 53. [EFFECTIVE DATE OF SECTION 325E.125.]
The requirements of Minnesota Statutes, section 325E.125,
subdivision 1, do not apply to batteries manufactured before
July 1, 1993.
Sec. 54. [INSTRUCTION TO REVISOR.]
(a) The revisor of statutes is directed to change the words
"office," "office's," "director," and "director of the office of
waste management" wherever they appear in Minnesota Statutes,
sections 115A.32 to 115A.39, to "board," "board's," "chair," and
"chair of the board" respectively in the 1992 and subsequent
editions of Minnesota Statutes.
(b) The revisor of statutes is directed to change the words
"November 15" to the words "July 1" in Minnesota Statutes,
sections 115A.551, subdivision 4, and 115A.557, subdivision 4,
in Minnesota Statutes 1992 and subsequent editions of the
statutes.
Sec. 55. [EFFECTIVE DATE.]
Except as provided in this section, article 1 is effective
August 1, 1992.
Sections 22, 31 to 34, 37 to 40, and 45 are effective the
day following final enactment.
Section 43 is effective August 1, 1991.
Sections 12; 17; 24; 27, subdivision 1; 29, subdivision 3;
and 36 are effective January 1, 1993, and section 36 applies to
sweeping compound manufactured on or after that date.
Section 18 is effective for products and packaging
manufactured on or after January 1, 1993.
Section 35 is effective July 1, 1993, and applies to
batteries manufactured on or after that date.
Sections 3 and 29, subdivision 2, are effective August 1,
1993.
Sections 26 and 27, subdivision 2, are effective January 1,
1994.
Section 29, subdivision 4, clauses (1) and (2), are
effective August 1, 1994.
ARTICLE 2
Section 1. Minnesota Statutes 1991 Supplement, section
115E.04, subdivision 2, is amended to read:
Subd. 2. [TIMING.] (a) A person required to be prepared
under section 115E.03, other than a person who owns or operates
a motor vehicle, rolling stock, or a facility that stores less
than 250,000 gallons of oil or a hazardous substance, shall
complete the response plan required by this section by March 1,
1993, unless one of the commissioners orders the person to
demonstrate preparedness at an earlier date under section
115E.05. Plans must be updated every three years. Plans must
be updated before three years following a significant discharge,
upon significant change in vessel or facility operation or
ownership, upon significant change in the national or area
contingency plans under the Oil Pollution Act of 1990, or upon
change in the capabilities or role of a person named in a plan
who has an important response role.
(b) A person who owns or operates a motor vehicle, rolling
stock, or a facility that stores less than 250,000 gallons of
oil or a hazardous substance shall complete the response plan
required by this section by January 1, 1994.
Sec. 2. [221.0335] [HAZARDOUS MATERIALS TRANSPORTATION
REGISTRATION; FEES.]
A person required to file a registration statement under
section 106(c) of the federal Hazardous Materials Transportation
Safety Act of 1990 may not transport a hazardous material unless
the person files an annual hazardous materials registration
statement with the commissioner and pays a fee. The
commissioner shall adopt rules to implement this section,
including administration of the registration program and
establishing registration fees. A fee may not exceed a person's
annual registration fee under the federal act. Fees must be set
in accordance with section 16A.128, subdivision 1a, to cover the
costs of administering and enforcing this section and the costs
of hazardous materials incident response capability under
sections 3 to 8. All fees collected under this section must be
deposited in the general fund.
Sec. 3. [299A.48] [CITATION.]
Sections 3 to 8 may be cited as the "Minnesota hazardous
materials incident response act."
Sec. 4. [299A.49] [DEFINITIONS.]
Subdivision 1. [SCOPE.] For the purposes of sections 3 to
8, the following terms have the meanings given them.
Subd. 2. [CHEMICAL ASSESSMENT TEAM.] "Chemical assessment
team" means a team trained and equipped to evaluate a hazardous
materials incident and recommend the best means of controlling
the hazard after consideration of life safety concerns,
environmental effects, exposure hazards, quantity and type of
hazardous material, availability of local resources, or other
relevant factors.
Subd. 3. [COMMISSIONER.] "Commissioner" means the
commissioner of public safety.
Subd. 4. [HAZARDOUS MATERIALS.] "Hazardous materials"
means substances or materials that, because of their chemical,
physical, or biological nature, pose a potential risk to life,
health, or property if they are released. "Hazardous materials"
includes any substance or material in a particular form or
quantity that may pose an unreasonable risk to health, safety,
and property, or any substance or material in a quantity or form
that may be harmful to humans, animals, crops, water systems, or
other elements of the environment if accidentally released.
Hazardous substances so designated may include explosives,
radioactive materials, etiologic agents, flammable liquids or
solids, combustible liquids or solids, poisons, oxidizing or
corrosive materials, and flammable gases.
Subd. 5. [LOCAL UNIT OF GOVERNMENT.] "Local unit of
government" means a county, home rule charter or statutory city,
or town.
Subd. 6. [PERSON.] "Person" means any individual,
partnership, association, public or private corporation or other
entity including the United States government, any interstate
body, the state, and any agency, department, or political
subdivision of the state.
Subd. 7. [REGIONAL HAZARDOUS MATERIALS RESPONSE
TEAM.] "Regional hazardous materials response team" means a team
trained and equipped to respond to and mitigate a hazardous
materials release. A regional hazardous materials response team
may include strategically located chemical assessment teams.
Sec. 5. [299A.50] [RESPONSE PLAN.]
Subdivision 1. [ELEMENTS OF PLAN; RULES.] (a) After
consultation with the commissioners of natural resources,
agriculture, transportation, and the pollution control agency,
the state fire marshal, the emergency response commission,
appropriate technical emergency response representatives, and
representatives of affected parties, the commissioner shall
adopt rules to implement a statewide hazardous materials
incident response plan. The plan must include:
(1) the locations of up to five regional hazardous
materials response teams, based on the location of hazardous
materials, response time, proximity to large population centers,
and other factors;
(2) the number and qualifications of members on each team;
(3) the responsibilities of regional hazardous materials
response teams;
(4) equipment needed for regional hazardous materials
response teams;
(5) procedures for selecting and contracting with local
governments or nonpublic persons to establish regional hazardous
materials response teams;
(6) procedures for dispatching teams at the request of
local governments;
(7) a fee schedule for reimbursing local governments or
nonpublic persons responding to an incident; and
(8) coordination with other state departments and agencies,
local units of government, other states, Indian tribes, the
federal government, and other nonpublic persons.
Subd. 2. [CONTRACTS AND AGREEMENTS.] The commissioner may
cooperate with and enter into contracts with other state
departments and agencies, local units of government, other
states, Indian tribes, the federal government, or nonpublic
persons to implement the response plan.
Sec. 6. [299A.51] [LIABILITY AND WORKERS' COMPENSATION.]
Subdivision 1. [LIABILITY.] During operations authorized
under section 5, members of a regional hazardous materials
response team operating outside their geographic jurisdiction
are "employees of the state" as defined in section 3.736.
Subd. 2. [WORKERS' COMPENSATION.] During operations
authorized under section 5, members of a regional hazardous
materials response team operating outside their geographic
jurisdiction are considered state employees for purposes of
chapter 176.
Subd. 3. [LIMITATION.] A person who provides personnel and
equipment to assist at the scene of a hazardous materials
response incident outside the person's geographic jurisdiction
or property, at the request of the state or a local unit of
government, is not liable for any civil damages resulting from
acts or omissions in providing the assistance, unless the person
acts in a willful and wanton or reckless manner in providing the
assistance.
Sec. 7. [299A.52] [RESPONSIBLE PERSON.]
Subdivision 1. [RESPONSE LIABILITY.] A responsible person,
as described in section 115B.03, is liable for the reasonable
and necessary costs, including legal and administrative costs,
of response to a hazardous materials incident incurred by a
regional hazardous materials response team or local unit of
government. For the purposes of this section, "hazardous
substance" as used in section 115B.03 means "hazardous material"
as defined in section 4.
Subd. 2. [EXPENSE RECOVERY.] The commissioner shall assess
the responsible person for the regional hazardous materials
response team costs of response. The commissioner may bring an
action for recovery of unpaid costs, reasonable attorney fees,
and any additional court costs.
Subd. 3. [ATTEMPTED AVOIDANCE OF LIABILITY.] For purposes
of sections 3 to 8, a responsible person may not avoid liability
by conveying any right, title, or interest in real property or
by any indemnification, hold harmless agreement, or similar
agreement.
Sec. 8. [299K.095] [HAZARDOUS MATERIALS INCIDENT RESPONSE
FEES.]
(a) Persons, except individuals engaged in a farming
operation, required under section 11002 of the federal act to
notify the commission of the storage of an extremely hazardous
substance shall pay an annual fee of $75 for each facility.
(b) Persons required under section 11023 of the federal act
to submit a toxic chemical release form to the commission shall
pay an annual fee of $200 for zero releases and transfers
annually, $400 for more than zero releases and transfers but not
exceeding 25,000 pounds annually, and $800 for releases and
transfers exceeding 25,000 pounds annually. This fee is in
addition to fees collected under section 115D.12.
(c) All fees collected under this section must be deposited
in the general fund.
Sec. 9. [APPROPRIATION.]
$115,000 is appropriated from the general fund to the
commissioner of transportation for the purposes of section 2.
The approved complement of the department of transportation is
increased by two positions.
$1,128,000 is appropriated from the general fund to the
commissioner of public safety for the purposes of sections 3 to
8. The approved complement of the department of public safety
is increased by three positions.
Presented to the governor April 17, 1992
Signed by the governor April 27, 1992, 2:16 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes