Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1996, Regular Session
Key: (1) language to be deleted (2) new language
KEY: stricken = old language to be removed
underscored = new language to be added
CHAPTER 470-S.F.No. 1861
An act relating to the environment; modifying
provisions relating to the management of waste;
modifying the authority of legislative commissions;
appropriating money; requiring rulemaking; amending
Minnesota Statutes 1994, sections 115A.03, subdivision
21, and by adding subdivisions; 115A.50; 115A.916;
115A.919, by adding a subdivision; 115A.923,
subdivision 1a; 115A.93, subdivision 3; 115A.9301, by
adding a subdivision; 115A.965, subdivision 3;
115A.9651, subdivision 1; 115D.09; 458D.07,
subdivision 4; Minnesota Statutes 1995 Supplement,
sections 115A.554; 115A.965, subdivision 1; 115A.981,
subdivision 3; 116.07, subdivision 10; and 297A.45,
subdivisions 2 and 3; Laws 1995, chapter 87, section
1; proposing coding for new law in Minnesota Statutes,
chapters 3; and 115A; repealing Minnesota Statutes
1994, sections 115A.154; 115A.156; 115A.48,
subdivisions 2 and 5; 115A.53; 115A.913, subdivision
5; 115A.9162; and 115A.991; Minnesota Statutes 1995
Supplement, sections 115A.0715; 115A.072, subdivision
3; 115A.55, subdivision 3; and 115D.05.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [3.3056] [COMMITTEES; TASK FORCES.]
A legislative commission may appoint legislators to a
committee, subcommittee, or task force to assist and advise the
commission in carrying out its duties. With the consent of the
speaker of the house of representatives and the subcommittee on
committees of the senate, a commission may appoint legislators
who are not members of the commission to the committee,
subcommittee, or task force. The legislative commission must
pay for any expenses of the committee, subcommittee, or task
force out of funds appropriated to the legislative commission.
Sec. 2. Minnesota Statutes 1994, section 115A.03,
subdivision 21, is amended to read:
Subd. 21. [MIXED MUNICIPAL SOLID WASTE.] (a) "Mixed
municipal solid waste" means garbage, refuse, and other solid
waste from residential, commercial, industrial, and community
activities that the generator of the waste aggregates for
collection, but except as provided in paragraph (b).
(b) Mixed municipal solid waste does not include auto
hulks, street sweepings, ash, construction debris, mining waste,
sludges, tree and agricultural wastes, tires, lead acid
batteries, motor and vehicle fluids and filters, and other
materials collected, processed, and disposed of as separate
waste streams, but does include source-separated compostable
materials.
Sec. 3. Minnesota Statutes 1994, section 115A.03, is
amended by adding a subdivision to read:
Subd. 26a. [RESOURCE CONSERVATION.] "Resource conservation"
means the reduction in the use of water, energy, and raw
materials.
Sec. 4. Minnesota Statutes 1994, section 115A.03, is
amended by adding a subdivision to read:
Subd. 32c. [SOURCE-SEPARATED COMPOSTABLE MATERIALS.]
"Source-separated compostable materials" means mixed municipal
solid waste that:
(1) is separated at the source by waste generators for the
purpose of preparing it for use as compost;
(2) is collected separately from other mixed municipal
solid wastes;
(3) is comprised of food wastes, fish and animal waste,
plant materials, diapers, sanitary products, and paper that is
not recyclable because the director has determined that no other
person is willing to accept the paper for recycling; and
(4) is delivered to a facility to undergo controlled
microbial degradation to yield a humus-like product meeting the
agency's class I or class II, or equivalent, compost standards
and where process residues do not exceed 15 percent by weight of
the total material delivered to the facility.
Sec. 5. Minnesota Statutes 1994, section 115A.03, is
amended by adding a subdivision to read:
Subd. 32d. [SOURCE-SEPARATED RECYCLABLE
MATERIALS.] "Source-separated recyclable materials" means
recyclable materials, including commingled recyclable materials,
that are separated by the generator.
Sec. 6. [115A.0716] [ENVIRONMENTAL ASSISTANCE GRANT AND
LOAN PROGRAM.]
Subdivision 1. [GRANTS.] (a) The director may make grants
to any person for the purpose of researching, developing, and
implementing projects or practices related to collection,
processing, recycling, reuse, resource recovery, source
reduction, and prevention of waste, hazardous substances, toxic
pollutants, and problem materials; the development or
implementation of pollution prevention projects or practices;
the collection, recovery, processing, purchasing, or market
development of recyclable materials or compost; resource
conservation; and for environmental education.
(b) In making grants, the office may give priority to
projects or practices that have broad application in the state
and are consistent with the policies established under sections
115A.02 and 115D.02.
(c) The director shall adopt rules to administer the grant
program.
(d) For the purposes of this section:
(1) "pollution prevention" has the meaning given it in
section 115D.03;
(2) "toxic pollutant" has the meaning given it in section
115D.03; and
(3) "hazardous substance" has the meaning given it in
section 115D.03.
Subd. 2. [LOANS.] (a) The director may make loans, or
participate in loans, for capital costs or improvements related
to any of the activities listed in subdivision 1.
(b) The director may work with financial institutions or
other financial assistance providers in participating in loans
under this section. The director may contract with financial
institutions or other financial assistance providers for loan
processing and/or administration.
(c) The director may also make grants, as authorized in
subdivision 1, to enable persons to receive loans from financial
institutions or to reduce interest payments for those loans.
(d) In making loans, the office may give priority to
projects or practices that have broad application in the state
and are consistent with the policies established under sections
115A.02 and 115D.02.
(e) The director shall adopt rules to administer the loan
program.
Sec. 7. Minnesota Statutes 1994, section 115A.50, is
amended to read:
115A.50 [ELIGIBLE RECIPIENTS.]
Eligible recipients for assistance under the program shall
be limited to cities, counties, solid waste management districts
established pursuant to sections 115A.62 to 115A.72, and
sanitary districts. Eligible recipients may apply for
assistance under sections 115A.0716 and 115A.52 and 115A.53 on
behalf of other persons.
Sec. 8. Minnesota Statutes 1995 Supplement, section
115A.554, is amended to read:
115A.554 [AUTHORITY OF SANITARY DISTRICTS.]
A sanitary district has the authorities and duties of
counties within the district's boundary for purposes of sections
115A.0716; 115A.46, subdivision subdivisions 4 and 5; 115A.48;
115A.551; 115A.552; 115A.553; 115A.919; 115A.929; 115A.93;
115A.96, subdivision 6; 115A.961; 115A.991; 116.072; 375.18,
subdivision 14; 400.08, except subdivision 4, paragraph (b);
400.16; and 400.161.
Sec. 9. Minnesota Statutes 1994, section 115A.916, is
amended to read:
115A.916 [MOTOR AND VEHICLE FLUIDS AND FILTERS;
PROHIBITIONS.]
(a) A person may not knowingly place motor oil, brake
fluid, power steering fluid, transmission fluid, motor oil
filters, or motor vehicle antifreeze:
(1) in solid waste or in a solid waste management facility
other than a recycling facility or a household hazardous waste
collection facility;
(2) in or on the land, unless approved by the agency; or
(3) in or on the waters of the state or in a stormwater or
wastewater collection or treatment system.
(b) For the purposes of this section, "antifreeze" does not
include small amounts of antifreeze contained in water used to
flush the cooling system of a vehicle after the antifreeze has
been drained and does not include deicer that has been used on
the exterior of a vehicle.
(c) For businesses that purchase or use an annual average
of over 150 gallons of motor vehicle antifreeze per month for
on-site installation in motor vehicles, this section does not
apply to antifreeze placed in a wastewater collection system
that includes a publicly or privately owned treatment works that
is permitted by the agency until December 31, 1996. For
businesses that purchase or use an annual average of 150 gallons
or less of motor vehicle antifreeze per month for on-site
installation in motor vehicles, this section does not apply to
antifreeze placed in a wastewater collection system that
includes a publicly owned treatment works that is permitted by
the agency until December 31, 1997.
(d) Notwithstanding paragraph (a), motor oil filters and
portions of motor oil filters may be processed at a permitted
mixed municipal solid waste resource recovery facility that
directly burns the waste if:
(1) the facility is subject to an industrial waste
management plan that addresses management of motor oil filters
and the owner or operator of the facility can demonstrate to the
satisfaction of the commissioner that the facility is in
compliance with that plan;
(2) the facility recovers ferrous metal after incineration
for recycling as part of its operation; and
(3) the motor oil filters are collected separately from
mixed municipal solid waste and are not combined with it except
for the purpose of incinerating the waste.
Sec. 10. Minnesota Statutes 1994, section 115A.919, is
amended by adding a subdivision to read:
Subd. 2a. [JOINT POWERS AGREEMENT.] If a facility is owned
by a joint powers board, total fees in excess of $1 per cubic
yard or equivalent may not be imposed or revenue expended under
subdivision 1 or 2 without the approval of the board.
Sec. 11. Minnesota Statutes 1994, 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 remit the 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 remit the fees to the city
that owns the facility and the operator of a facility that is
owned by a joint powers board shall remit the fees to the
board. The county, city, joint powers board, or sanitary
district may use the revenue from the fees only for the purposes
specified in section 115A.919.
Sec. 12. Minnesota Statutes 1994, 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 licensees to
impose charges for collection of mixed municipal solid waste
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.
(d) The director may exempt a licensing authority from the
requirements of paragraph (a) if the county within which the
authority is located has an approved solid waste management plan
that concludes that variable rate pricing is not appropriate for
that jurisdiction because it is inconsistent with other
incentives and mechanisms implemented within the jurisdiction
that are more effective in attaining the goals of this chapter
to discourage on-site disposal, littering, and illegal dumping.
(e) In the interim between revisions to the county solid
waste management plan, the director may exempt a licensing
authority from the requirements of paragraph (a) if the director
makes the determination otherwise made by the plan in paragraph
(d) and finds that the licensing authority:
(1) operates or contracts for the operation of a
residential recycling program that collects more categories of
recyclable materials than required in section 115A.552;
(2) has a residential participation rate in its recycling
programs of at least 70 percent or in excess of the
participation rate for the county in which it is located,
whichever is greater; and
(3) is located in a county that has exceeded the recycling
goals in section 115A.551.
An exemption granted by the director in the interim between
revisions to the county solid waste management plan is only
effective until the county solid waste management plan is
revised.
Sec. 13. Minnesota Statutes 1994, section 115A.9301, is
amended by adding a subdivision to read:
Subd. 4. [EXEMPTION.] (a) The director may exempt a local
government unit from the requirements of subdivision 1 if the
county within which the local government unit is located has an
approved solid waste management plan that concludes that
variable rate pricing is not appropriate for that jurisdiction
because it is inconsistent with other incentives and mechanisms
implemented within the jurisdiction that are more effective in
attaining the goals of this chapter to discourage on-site
disposal, littering, and illegal dumping.
(b) In the interim between revisions to the county solid
waste management plan, the director may exempt a local
government unit from the requirements of subdivision 1 if the
director makes the determination otherwise made by the plan in
paragraph (a) and finds that the local government unit:
(1) operates or contracts for the operation of a
residential recycling program that collects more categories of
recyclable materials than required in section 115A.552;
(2) has a residential participation rate in its recycling
programs of at least 70 percent or in excess of the
participation rate for the county in which it is located,
whichever is greater; and
(3) is located in a county that has exceeded the recycling
goals in section 115A.551.
An exemption granted by the director in the interim between
revisions to the county solid waste management plan is only
effective until the county solid waste management plan is
revised.
Sec. 14. Minnesota Statutes 1995 Supplement, section
115A.965, subdivision 1, is amended to read:
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:
(1) "distributor" means a person who imports packaging or
causes packaging to be imported into the state; it does not
include a person involved solely in delivering packages on
behalf of a third party; and
(2) until August 15, 1996, "packaging" does not include
steel strapping containing a total concentration level of lead,
cadmium, mercury, and hexavalent chromium, added together, of
less than 100 parts per million by weight. "intentional
introduction" means the act of deliberately using a regulated
metal in the formulation of a package where its continued
presence is desired in the final package to provide a specific
characteristic, appearance, or quality. It does not include:
(i) the use of a regulated metal as a processing agent or
intermediate to impart certain chemical or physical changes
during manufacturing, where the incidental retention of a
residue of the metal in the final package is neither desired nor
deliberate if the final package is in compliance with
subdivision 2;
(ii) the use of recycled materials as feedstock for the
manufacture of new packaging materials, where some portion of
the recycled materials may contain amounts of a regulated metal
if the new package is in compliance with subdivision 2; or
(iii) the incidental presence of any of the regulated
metals.
Sec. 15. Minnesota Statutes 1994, section 115A.965,
subdivision 3, is amended to read:
Subd. 3. [EXEMPTIONS.] (a) Until January 1, 2000, 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.; and
(2) packages that are reused but exceed the total toxics
concentration levels in subdivision 2, provided that:
(i) the product being conveyed by the package is regulated
under federal or state health or safety requirements;
(ii) transportation of the packaged product is regulated
under federal or state transportation requirements; and
(iii) disposal of the package is performed according to
federal or state radioactive or hazardous waste disposal
requirements.
(b) Until January 1, 2000, packages that have a controlled
distribution and reuse, but exceed the total toxics
concentration levels in subdivision 2 and do not meet the
requirements of paragraph (a), may be exempted from subdivisions
1 and 2 if the manufacturers or distributors of the packages
petition for and receive approval from the commissioner. In
granting approval, the commissioner shall work with the
Coalition of Northeastern Governors Toxics in Packaging
Clearinghouse and base the decision on satisfactory
demonstrations that the environmental benefit of the controlled
distribution and reuse is significantly greater compared to the
same package manufactured in compliance with the total toxics
concentration levels in subdivision 2, and on plans proposed by
the manufacturer that include each of the following elements:
(1) a means of identifying the packaging in a permanent and
visible manner;
(2) a method of regulatory and financial accountability so
that a specified percentage of the packaging manufactured and
distributed to other persons is not discarded by those persons
after use but are returned to the manufacturer or the
manufacturer's designee;
(3) a system of inventory and record maintenance to account
for the packaging placed in, and removed from, service;
(4) a means of transforming packaging that is no longer
reusable into recycled materials for manufacturing or into
manufacturing wastes which are subject to existing federal or
state laws or regulations governing such manufacturing wastes
that ensure that these wastes do not enter the industrial or
mixed municipal solid waste stream; and
(5) a system of annually reporting to the commissioner
changes to the system and changes in designees.
(b) (c) 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.
Sec. 16. Minnesota Statutes 1994, section 115A.9651,
subdivision 1, is amended to read:
Subdivision 1. [PROHIBITION.] (a) Except as provided in
paragraph (d), no person may distribute for sale or use in this
state any ink, dye, pigment, paint, or fungicide manufactured
after September 1, 1994, into which lead, cadmium, mercury, or
hexavalent chromium has been intentionally introduced.
(b) For the purposes of this subdivision, "intentionally
introduce" means to deliberately use a metal listed in paragraph
(a) as an element during manufacture or distribution of an item
listed in paragraph (a). Intentional introduction does not
include the incidental presence of any of the prohibited
elements.
(c) The concentration of a listed metal in an item listed
in paragraph (a) may not exceed 100 parts per million.
(d) The use of lead in substances utilized in marking road,
street, highway, and bridge pavements is exempt from this
subdivision until July 1, 1998.
Sec. 17. Minnesota Statutes 1995 Supplement, section
115A.981, subdivision 3, is amended to read:
Subd. 3. [REPORT.] (a) The commissioner shall report to
the legislative commission on waste management senate and house
of representatives environment and natural resource committees,
the finance division of the senate committee on environment and
natural resources, and the house of representatives committee on
environment and natural resources finance by July December 1 of
each odd-numbered year on the economic status and outlook of the
state's solid waste management sector including an estimate of
the extent to which prices for solid waste management paid by
consumers reflect costs related to environmental and 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.
(b) In preparing the report, the commissioner shall:
(1) consult with the director; local government units;
solid waste collectors, transporters, and processors; owners and
operators of solid waste facilities; and other interested
persons;
(2) consider and analyze information received under
subdivision 2 and information available under section 115A.929;
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) 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 how each facility is meeting those
requirements.
Sec. 18. Minnesota Statutes 1994, section 115D.09, is
amended to read:
115D.09 [CONFIDENTIALITY.]
Information and techniques developed under section 115D.04,
the reduction information and techniques under section 115D.05
115A.0716, and the progress reports required under section
115D.08 are public data under chapter 13. The plans required
under section 115D.07 are nonpublic data under chapter 13.
Sec. 19. Minnesota Statutes 1995 Supplement, section
116.07, subdivision 10, is amended to read:
Subd. 10. [SOLID WASTE GENERATOR ASSESSMENTS.] (a) For the
purposes of this subdivision:
(1) "assessed waste" means mixed municipal solid waste as
defined in section 115A.03, subdivision 21, infectious waste as
defined in section 116.76, subdivision 12, pathological waste as
defined in section 116.76, subdivision 14, industrial waste as
defined in section 115A.03, subdivision 13a, and construction
debris as defined in section 115A.03, subdivision 7; provided
that all types of assessed waste listed in this clause do not
include:
(i) materials that are separated for recycling by the
generator and that are collected separately from other waste and
delivered to a waste facility for the purpose of recycling and
recycled,;
(ii) materials that are separated for recycling by the
generator, collected and delivered to a waste facility that
recycles at least 85 percent of its waste, and are collected
with mixed municipal solid waste that is segregated in leakproof
bags, provided that the mixed municipal solid waste does not
exceed five percent of the total weight of the materials
delivered to the facility and is ultimately delivered to a
facility designated under sections 115A.80 to 115A.893; and
it also does not include (iii) waste generated outside of
Minnesota;
(2) "noncompacted cubic yard" means a loose cubic yard of
assessed waste;
(3) "nonresidential customer" means:
(i) an owner or operator of a business, including a home
operated business, industry, church, nursing home, nonprofit
organization, school, or any other commercial or institutional
enterprise;
(ii) an owner of a building or site containing multiple
residences, including a townhome or manufactured home park,
where no resident has separate trash pickup, and no resident is
separately assessed for such service; and
(iii) any other generator of assessed waste that is not a
residential customer as defined in clause (6);
(4) "periodic waste collection" means each time a waste
container is emptied by the person that collects the assessed
waste;
(5) "person that collects assessed waste" means each person
that is required to pay sales tax on solid waste collection
services under section 297A.45, or would pay sales tax under
that section if the assessed waste was mixed municipal solid
waste; and
(6) "residential customer" means:
(i) a detached single family residence that generates only
household mixed municipal solid waste; and
(ii) a person residing in a building or at a site
containing multiple residences, including a townhome or a
manufactured home park, where each resident either (A) is
separately assessed for waste collection or (B) has separate
waste collection for each resident, even if the resident pays to
the owner or an association a monthly maintenance fee which
includes the expense of waste collection, and the owner or
association pays the waste collector for waste collection in one
lump sum.
(b) A person that collects assessed waste shall collect and
remit to the commissioner of revenue a solid waste generator
assessment from each of the person's customers as provided in
paragraphs (c) and (d). A waste management facility that
accepts assessed waste shall collect and remit to the
commissioner of revenue the solid waste assessment as provided
in paragraph (e).
(c) Except as provided in paragraph (f), the amount of the
assessment for each residential customer is $2 per year. Each
person that collects assessed waste shall collect the assessment
annually from each residential customer that is receiving mixed
municipal solid waste collection service on July 1 of each year
and shall remit the amount actually collected along with the
person's first remittance of the sales tax on solid waste
collection services, described in section 297A.45, made after
October 1 of each year. For buildings or sites that contain
multiple residences that are not separately billed for
collection services, the person who collects assessed waste
shall collect the assessment for all the residences from the
person who is billed for the collection service. Any amount of
the assessment that is received by the person that collects
assessed waste after October 1 of each year must be remitted
along with the person's next remittance of sales tax after
receipt of the assessment.
(d)(1) Except as provided in clause (2), the amount of the
assessment for each nonresidential customer is 60 cents per
noncompacted cubic yard of periodic waste collection capacity
purchased by the customer, based on the size of the container
for the assessed waste. For a residential customer that
generates assessed waste that is not mixed municipal solid
waste, the amount of the assessment is 60 cents per noncompacted
cubic yard of collection capacity purchased for the waste that
is not mixed municipal solid waste, based on the size of the
container for the waste. If the capacity purchased is for
compacted cubic yards of mixed municipal solid waste, the
noncompacted capacity purchased is based on the compaction ratio
of 3:1. The commissioner of revenue, after consultation with
the commissioner of the pollution control agency, shall
determine, and may publish by notice, compaction rates for other
types of waste where they exist and conversion schedules for
waste that is managed by measurements other than cubic yards.
Each person that collects assessed waste shall collect the
assessment from each nonresidential customer as part of each
statement for payment of waste collection charges and shall
remit the amount actually collected along with the next
remittance of sales tax after receipt of the assessment.
(2) The assessment for nonresidential customers for the
mixed municipal solid waste that is collected with
source-separated recyclable materials as described in paragraph
(a), clause (1), item (ii), is three-tenths of a cent per
gallon. The customer must pay by purchasing specific collection
bags or stickers that include the cost of the collection service
and assessment.
(e) A person who transports assessed waste generated by
that person or by another person without compensation shall pay
an assessment of 60 cents per noncompacted cubic yard or the
equivalent to the operator of the waste management facility to
which the waste is delivered. The operator shall remit the
assessments actually collected under this paragraph to the
commissioner of revenue. This subdivision does not apply to a
person who transports industrial waste generated by that person
to a facility owned and operated by that person.
(f) The amount of the assessment for each residential
customer that is subject to a mixed municipal solid waste
collection service for which the customer pays, based on the
volume of waste collected, by purchasing specific collection
bags or stickers from the waste collector, municipality, or
other vendor is either:
(1) determined by a method developed by the waste collector
or municipality and approved by the commissioner of revenue,
which yields the equivalent of approximately a $2 annual
assessment per household; or
(2) three cents per each 35 gallon unit or less. If the
per unit fee method under this clause is used, it is the
responsibility of the waste collector or the municipality who is
selling the bags or stickers to remit the amount of the
assessment to the department of revenue, according to a payment
schedule provided by the commissioner of revenue. The
collection service and assessment under this clause shall be
included in the price of the bag or sticker.
(g) The commissioner of revenue shall redesign sales tax
forms for persons that collect assessed waste to accommodate
payment of the assessment. The amounts remitted under this
subdivision must be deposited in the state treasury and credited
to the solid waste fund established in section 115B.42.
(h) For persons that collect assessed waste and operators
of waste management facilities who are required to collect the
solid waste generator assessments under this subdivision, and
persons who are required to remit the assessment under paragraph
(f), and who do not collect and remit the sales tax on solid
waste collection services under section 297A.45, the
commissioner of revenue shall determine when and in what manner
the persons and operators must remit the assessment amounts
actually collected.
(i) For the purposes of this subdivision, the requirement
to "collect" the solid waste generator assessment under
paragraph (b) means that the person to whom the requirement
applies shall:
(i) include the amount of the assessment in the appropriate
statement of charges for waste collection services and in any
action to enforce payment on delinquent accounts;
(ii) accurately account for assessments received;
(iii) indicate to generators that payment of the assessment
by the waste generator is required by law and inform generators,
using information supplied by the commissioner of the agency, of
the purposes for which revenue from the assessment will be
spent; and
(iv) cooperate fully with the commissioner of revenue to
identify generators of assessed waste who fail to remit payment
of the assessment.
(j) The audit, penalty, enforcement, and administrative
provisions applicable to taxes imposed under chapter 297A apply
to the assessments imposed under this subdivision.
(k) If less than $25,000,000 is projected to be available
for new encumbrances in any fiscal year after fiscal year 1996
from all existing dedicated revenue sources for landfill cleanup
and reimbursement costs under sections 115B.39 to 115B.46, by
April 1 before the next fiscal year in which the shortfall is
projected the commissioner of the agency shall certify to the
commissioner of revenue the amount of the shortfall. To provide
for the shortfall, the commissioner of revenue shall increase
the assessment under paragraphs (d) and (e) by an amount
sufficient to generate revenue equal to the amount of the
shortfall effective the following July 1 and shall provide
notice of the increased assessment by May 1 following
certification to persons who are required to collect and remit
the solid waste generator assessments under this subdivision.
Sec. 20. Minnesota Statutes 1995 Supplement, section
297A.45, subdivision 2, is amended to read:
Subd. 2. [APPLICATION.] The taxes imposed by sections
297A.02 and 297A.021 apply to all public and private mixed
municipal solid waste management services.
Notwithstanding section 297A.25, subdivision 11, a
political subdivision that purchases waste management services
on behalf of its citizens shall pay the taxes.
If a political subdivision provides a waste management
service to its residents at a cost in excess of the total direct
charge to the residents for the service, the political
subdivision shall pay the taxes based on its cost of providing
the service in excess of the direct charges.
A person who transports mixed municipal solid waste
generated by that person or by another person without
compensation shall pay the taxes at the waste facility based on
the disposal charge or tipping fee.
A person who segregates mixed municipal waste from
recyclable materials as described in subdivision 3, paragraph
(a), clause (2), shall pay the taxes by purchasing specific
collection bags or stickers. The collection service and taxes
must be included in the price of the bag or sticker.
Sec. 21. Minnesota Statutes 1995 Supplement, section
297A.45, subdivision 3, is amended to read:
Subd. 3. [EXEMPTIONS.] (a) The cost of a service or the
portion of a service to collect and manage recyclable materials
separated from mixed municipal solid waste by the waste
generator is exempt from the taxes imposed in sections 297A.02
and 297A.021 if:
(1) the recyclable materials are separated from mixed
municipal solid waste by the waste generator; or
(2) the recyclable materials are separated from mixed
municipal solid waste by the generator, collected and delivered
to a waste facility that recycles at least 85 percent of its
waste, and are collected with mixed municipal solid waste that
is segregated in leakproof bags, provided that the mixed
municipal solid waste does not exceed five percent of the total
weight of the materials delivered to the facility and is
ultimately delivered to a facility designated under sections
115A.80 to 115A.893.
(b) The amount of a surcharge or fee imposed under section
115A.919, 115A.921, 115A.923, or 473.843 is exempt from the
taxes imposed in sections 297A.02 and 297A.021.
(c) Waste from a recycling facility that separates or
processes recyclable materials and that reduces the volume of
the waste by at least 85 percent is exempt from the taxes
imposed in sections 297A.02 and 297A.021. To qualify for the
exemption under this paragraph, the waste exempted must be
managed separately from other solid waste.
(d) The following costs are exempt from the taxes imposed
in sections 297A.02 and 297A.021:
(1) costs of providing educational materials and other
information to residents;
(2) costs of managing solid waste other than mixed
municipal solid waste, including household hazardous waste; and
(3) costs of court litigation and associated damages.
(e) The cost of a waste management service is exempt from
the taxes imposed in sections 297A.02 and 297A.021 to the extent
that the cost was previously subject to the tax.
(f) Through December 31, 2002, the gross receipts from the
sales of source-separated compostable waste management services
are exempt from the tax imposed in section 297A.02 if the waste
is delivered to a facility exempted as described in this
paragraph. To initially qualify for an exemption, a facility
must apply for an exemption in its application for a new or
amended solid waste permit to the pollution control agency. The
first time a facility applies to the agency, it must certify in
its application that it will comply with the criteria in clauses
(1) to (5), and the commissioner of the agency shall so certify
to the commissioner of revenue who must grant the exemption.
For each subsequent calendar year, by October 1 of the preceding
year, the facility must apply to the agency for certification to
renew its exemption for the following year. The application
must be filed according to the procedures and contain the
information required by the agency. The commissioner of revenue
shall grant the exemption if the commissioner of the agency
finds and certifies to the commissioner of revenue that based on
an evaluation of the composition of incoming waste and residuals
and the quality and use of the product:
(1) generators separate materials at the source;
(2) the separation is performed in a manner appropriate to
the technology specific to the facility that:
(i) maximizes the quality of the product;
(ii) minimizes the toxicity and quantity of residuals; and
(iii) provides an opportunity for significant improvement
in the environmental efficiency of the operation;
(3) the operator of the facility educates generators, in
coordination with each county using the facility, about
separating the waste to maximize the quality of the waste stream
for the technology specific to the facility;
(4) process residuals do not exceed 15 percent of the
weight of the total material delivered to the facility; and
(5) the final product is accepted for use.
Sec. 22. Minnesota Statutes 1994, section 458D.07,
subdivision 4, is amended to read:
Subd. 4. [UTILIZATION OF DISTRICT SYSTEM.] (a) The board
may provide that every person or local government unit located
in the district must dispose of solid waste as provided in the
comprehensive plan.
(b) Upon the adoption of a solid waste plan under section
458D.05, subdivision 2, the plan governs all solid waste
management in the district and a public entity, as defined in
section 16B.122, subdivision 1, within the district may not:
(1) enter into a binding agreement governing a solid waste
management activity that is inconsistent with that plan, without
the consent of the district; or
(2) develop or implement a solid waste management activity,
other than an activity to reduce waste generation or reuse waste
materials, that is inconsistent with a solid waste plan that the
district is actively implementing, without the consent of the
district.
Sec. 23. Laws 1995, chapter 87, section 1, is amended to
read:
Section 1. [WAIVER.]
The pollution control agency must, until 2005, allow the
operation of a gas-fired waste combustor installed after January
1, 1992 1990, and before June 20, 1994, used to burn
blood-contaminated, waxed cardboard, and meat-contaminated
cellulose from meat processing operations in amounts that do not
exceed 500 pounds per hour and provided the combustor is
monitored by an automatic temperature control device and meets
emission standards in effect at the time it was installed.
Sec. 24. [LANDFILL CLEANUP COSTS.]
(a) Notwithstanding Minnesota Statutes, sections 115B.42
and 115B.43, $737,500 is appropriated from the solid waste fund
to the commissioner of the pollution control agency for
distribution to a county or its political subdivisions to assist
those public entities by funding a portion of the $1,475,000
amount paid by December 31, 1994, as part of a final order or
settlement of a lawsuit for environmental response costs at a
mixed municipal solid waste facility if:
(1) the county or its political subdivisions stopped
sending waste to the facility prior to 1988;
(2) the mixed municipal solid waste facility is owned and
operated by another county;
(3) the county that owns the facility decided to reopen the
facility after a closure order was issued by the pollution
control agency in 1988, and then decided not to enter the
landfill cleanup program in 1994; and
(4) the county or its political subdivision incurring the
$1,475,000 liability had no role in the other county's decision
to keep the facility open.
(b) Reimbursements under this section must be used to
directly reduce or eliminate the burden on citizens of the
county caused by this liability, and may not be used for general
purposes.
Only proceeds from the sale of bonds credited to the solid
waste fund should be used to fund reimbursements under this
section.
Sec. 25. [SOLID WASTE MANAGEMENT POLICY REPORT; 2001.]
The report required to be submitted by the director of the
office of environmental assistance in 2001 under Minnesota
Statutes, section 115A.411, must include an evaluation of the
impact of the exemption under Minnesota Statutes, section
297A.45, subdivision 3, paragraph (f), on the economic viability
of the participating facilities, their ability to reach the
goals in Minnesota Statutes, section 297A.45, subdivision 3,
paragraph (f), and on revenues under Minnesota Statutes, section
297A.45. The director shall recommend whether the exemption
should continue.
Sec. 26. [REVIEW OF MOTOR VEHICLE ANTIFREEZE STUDIES.]
The commissioner of the pollution control agency shall
review the conclusions of independent studies completed by
December 31, 1997, which analyze the following issues related to
motor vehicle antifreeze:
(1) the biological oxygen demand impact of motor vehicle
antifreeze on waste water treatment facilities;
(2) the heavy metal content of used motor vehicle
antifreeze; and
(3) the extent to which recycled antifreeze is approved for
use in automobiles under manufacturers' warranties.
The commissioner shall summarize the findings of this
review to the house and senate environment and natural resources
committees by February 15, 1997.
Sec. 27. [REVISOR'S INSTRUCTION.]
The revisor shall change provisions in Minnesota Statutes
that direct reports to the legislative commission on waste
management so that the reports are received by the environment
and natural resources committees of the senate and house of
representatives, the finance division of the senate committee on
environment and natural resources, and the house of
representatives committee on environment and natural resources
finance.
Sec. 28. [REPEALER.]
(a) Minnesota Statutes 1994, section 115A.913, subdivision
5, is repealed.
(b) Minnesota Statutes 1994, sections 115A.154; 115A.156;
115A.48, subdivisions 2 and 5; 115A.53; 115A.9162; and 115A.991;
and Minnesota Statutes 1995 Supplement, sections 115A.0715;
115A.072, subdivision 3; 115A.55, subdivision 3; and 115D.05,
are repealed.
Sec. 29. [EFFECTIVE DATE.]
Section 9 is effective the day following final enactment.
Sections 7, 8, except for the reference to Minnesota Statutes,
section 115A.46, subdivision 5, 18, and 28, paragraph (b), are
effective on the effective date of rules adopted under section 6.
Section 23 is effective retroactive to April 25, 1995.
Sections 19 to 21, paragraph (a), are effective
retroactively to August 1, 1995.
Presented to the governor April 4, 1996
Signed by the governor April 11, 1996, 12:08 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes