1.1                          A bill for an act 
  1.2             relating to the environment; implementing the transfer 
  1.3             of solid waste management duties of the metropolitan 
  1.4             council to the office of environmental assistance; 
  1.5             providing for the management of waste; providing 
  1.6             penalties; appropriating money; amending Minnesota 
  1.7             Statutes 1992, section 115A.33, as reenacted; 
  1.8             Minnesota Statutes 1994, sections 115.071, subdivision 
  1.9             1; 115A.03, by adding a subdivision; 115A.055; 
  1.10            115A.07, subdivision 3; 115A.072, subdivisions 1, 3, 
  1.11            and 4; 115A.12; 115A.14, subdivision 4; 115A.15, 
  1.12            subdivision 9; 115A.191, subdivisions 1 and 2; 
  1.13            115A.32; 115A.411; 115A.42; 115A.45; 115A.46, 
  1.14            subdivisions 1 and 5; 115A.55, subdivision 3, and by 
  1.15            adding a subdivision; 115A.5501, subdivisions 2, 3, 
  1.16            and 4; 115A.5502; 115A.551, subdivisions 2a, 4, 5, 6, 
  1.17            and 7; 115A.554; 115A.557, subdivisions 3 and 4; 
  1.18            115A.558; 115A.63, subdivision 3; 115A.84, subdivision 
  1.19            3; 115A.86, subdivision 2; 115A.919, subdivision 3; 
  1.20            115A.921, subdivision 1; 115A.923, subdivision 1; 
  1.21            115A.9302, subdivisions 1 and 2; 115A.951, subdivision 
  1.22            4; 115A.965, subdivision 1; 115A.97, subdivisions 5 
  1.23            and 6; 115A.981, subdivision 3; 115D.03, subdivision 
  1.24            5, and by adding a subdivision; 115D.05; 115D.07, 
  1.25            subdivisions 1 and 2; 115D.08, subdivision 1; 115D.10; 
  1.26            116.07, subdivisions 4a, 4d, and 4j; 116.072; 116.96, 
  1.27            subdivision 5; 116C.69, subdivision 3; 325E.0951, 
  1.28            subdivision 5; 400.16; 400.161; 473.149, subdivisions 
  1.29            1, 2d, 2e, 3, 4, and 6; 473.151; 473.516, subdivision 
  1.30            2; 473.801, subdivision 1, and by adding subdivisions; 
  1.31            473.8011; 473.803, subdivisions 1, 1c, 2, 2a, 3, 4, 
  1.32            and 5; 473.804; 473.811, subdivisions 1, 4a, 5, 5c, 7, 
  1.33            and 8; 473.813, subdivision 2; 473.823, subdivisions 
  1.34            3, 5, and 6; 473.843, subdivision 1, and by adding a 
  1.35            subdivision; 473.844, subdivisions 1a and 4; 473.8441, 
  1.36            subdivisions 2, 4, and 5; 473.845, subdivision 4; 
  1.37            473.846; and 473.848, subdivisions 2 and 4; Laws 1994, 
  1.38            chapter 628, article 3, section 209; proposing coding 
  1.39            for new law in Minnesota Statutes, chapters 116; and 
  1.40            480; repealing Minnesota Statutes 1994, sections 
  1.41            115A.165; 115A.81, subdivision 3; 115A.90, subdivision 
  1.42            3; 116.94; 383D.71, subdivision 2; 473.149, 
  1.43            subdivisions 2, 2a, 2c, 2f, and 5; 473.181, 
  1.44            subdivision 4; and 473.803, subdivisions 1b and 1e. 
  1.45  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.1                              ARTICLE 1
  2.2                                POLICY
  2.3      Section 1.  Minnesota Statutes 1994, section 115.071, 
  2.4   subdivision 1, is amended to read: 
  2.5      Subdivision 1.  [REMEDIES AVAILABLE.] The provisions of 
  2.6   sections 103F.701 to 103F.761, this chapter and chapters 115A 
  2.7   and 116, and sections 325E.10 to 325E.1251 and 325E.32 and all 
  2.8   rules, standards, orders, stipulation agreements, schedules of 
  2.9   compliance, and permits or terms or conditions thereof, 
  2.10  including conditions established under section 473.823, 
  2.11  subdivision 3, adopted or issued by the agency thereunder or 
  2.12  under any other law now in force or hereafter enacted for the 
  2.13  prevention, control, or abatement of pollution may be enforced 
  2.14  by any one or any combination of the following:  criminal 
  2.15  prosecution; action to recover civil penalties; injunction; 
  2.16  action to compel performance; or other appropriate action, in 
  2.17  accordance with the provisions of said chapters and this section.
  2.18     Sec. 2.  Minnesota Statutes 1994, section 115A.03, is 
  2.19  amended by adding a subdivision to read: 
  2.20     Subd. 10a.  [FOOD WASTE.] "Food waste" means food matter 
  2.21  that is collected separately from other waste.  Food waste also 
  2.22  includes nonrecyclable paper or cardboard product used for 
  2.23  packaging, containing, preparing, or consuming food matter that 
  2.24  is incidental to the collection of food waste, but does not 
  2.25  include plastic or plastic-coated products. 
  2.26     Sec. 3.  Minnesota Statutes 1994, section 115A.072, 
  2.27  subdivision 3, is amended to read: 
  2.28     Subd. 3.  [EDUCATION GRANTS.] (a) The director shall 
  2.29  provide grants to persons for the purpose of developing and 
  2.30  distributing waste education information. 
  2.31     (b) ~~The director shall provide grants and technical~~ 
  2.32  ~~assistance to formal and informal education facilities to~~ 
  2.33  ~~develop and implement a model program to incorporate waste~~ 
  2.34  ~~reduction, recycling, litter prevention, and proper management~~ 
  2.35  ~~of problem materials into educational operations.~~ 
  2.36     ~~(c)~~ The director shall provide grants or awards and 
  3.1   technical assistance to formal and informal education facilities 
  3.2   to develop or implement ongoing programs for waste reduction, 
  3.3   recycling, litter prevention, and proper management of problem 
  3.4   materials ~~programs~~. 
  3.5      Sec. 4.  Minnesota Statutes 1994, section 115A.072, 
  3.6   subdivision 4, is amended to read: 
  3.7      Subd. 4.  [EDUCATION, PROMOTION, AND PROCUREMENT.] The 
  3.8   director shall include:  (1) waste reduction and reuse, 
  3.9   including packaging reduction and reuse; and (2) the hazards of 
  3.10  open burning, as defined in section 88.01, of mixed municipal 
  3.11  solid waste, especially the hazards of dioxin emissions to 
  3.12  children, as ~~an element~~ elements of the director's program of 
  3.13  public education on waste management required under this 
  3.14  section.  The waste reduction and reuse education program must 
  3.15  include dissemination of information and may include an award 
  3.16  program for model waste reduction and reuse efforts.  Waste 
  3.17  reduction and reuse educational efforts must also include 
  3.18  provision of information about and promotion of the model 
  3.19  procurement program developed by the commissioner of 
  3.20  administration under section 115A.15, subdivision 7, or any 
  3.21  other model procurement program that results in significant 
  3.22  waste reduction and reuse. 
  3.23     Sec. 5.  Minnesota Statutes 1992, section 115A.33, as 
  3.24  reenacted by sections 58 and 59, is amended to read: 
  3.25     115A.33 [ELIGIBILITY; REQUEST FOR REVIEW.] 
  3.26     The following persons shall be eligible to request 
  3.27  supplementary review by the board pursuant to sections 115A.32 
  3.28  to 115A.39:  (a) a generator of sewage sludge within the state 
  3.29  who has been issued permits by the agency for a facility to 
  3.30  dispose of sewage sludge or solid waste resulting from sewage 
  3.31  treatment; (b) a political subdivision which has been issued 
  3.32  permits by the agency, or a political subdivision acting on 
  3.33  behalf of a person who has been issued permits by the agency, 
  3.34  for a solid waste facility which is no larger than 250 acres, 
  3.35  not including any proposed buffer area, and located outside the 
  3.36  metropolitan area; (c) a generator of hazardous waste within the 
  4.1   state who has been issued permits by the agency for a hazardous 
  4.2   waste facility to be owned and operated by the generator, on 
  4.3   property owned by the generator, and to be used by the generator 
  4.4   for managing the hazardous wastes produced by the generator 
  4.5   only; (d) a person who has been issued permits by the agency for 
  4.6   a commercial hazardous waste processing facility at a site 
  4.7   included in the board's inventory of preferred sites for such 
  4.8   facilities adopted pursuant to section 115A.09; (e) a person who 
  4.9   has been issued permits by the agency for a disposal facility 
  4.10  for the nonhazardous sludge, ash, or other solid waste generated 
  4.11  by a permitted hazardous waste processing facility operated by 
  4.12  the person.  ~~The metropolitan waste control commission shall not~~ 
  4.13  ~~be eligible to request review under clause (a) for a sewage~~ 
  4.14  ~~sludge disposal facility.  The metropolitan waste control~~ 
  4.15  ~~commission shall not be eligible to request review under clause~~ 
  4.16  ~~(a) for a solid waste facility with a proposed permitted life of~~ 
  4.17  ~~longer than four years.~~  The board may require completion of a 
  4.18  plan conforming to the requirements of section 115A.46, before 
  4.19  granting review under clause (b).  A request for supplementary 
  4.20  review shall show that the required permits for the facility 
  4.21  have been issued by the agency and that a political subdivision 
  4.22  has refused to approve the establishment or operation of the 
  4.23  facility. 
  4.24     Sec. 6.  Minnesota Statutes 1994, section 115A.411, is 
  4.25  amended to read: 
  4.26     115A.411 [SOLID WASTE MANAGEMENT POLICY; CONSOLIDATED 
  4.27  REPORT.] 
  4.28     Subdivision 1.  [AUTHORITY; PURPOSE.] The director with 
  4.29  assistance from the commissioner shall prepare and adopt a 
  4.30  report on solid waste management policy ~~excluding the~~ 
  4.31  ~~metropolitan area~~.  The report must be submitted by the director 
  4.32  to the legislative commission on waste management by July 1 of 
  4.33  each ~~even-numbered~~ odd-numbered year and ~~may~~ shall include 
  4.34  reports required under sections 473.848, subdivision 4; 115A.55, 
  4.35  subdivision 4, paragraph (b); 115A.551, subdivision 4~~, and~~; 
  4.36  115A.557, subdivision 4; 473.149, subdivision 6; and 473.846. 
  5.1      Subd. 2.  [CONTENTS.] (a) The report must also include: 
  5.2      (1) a summary of the current status of solid waste 
  5.3   management, including the amount of solid waste generated, the 
  5.4   manner in which it is collected, processed, and disposed, the 
  5.5   extent of separation, recycling, reuse, and recovery of solid 
  5.6   waste, and the facilities available or under development to 
  5.7   manage the waste; 
  5.8      ~~(2) a summary of current state solid waste management~~ 
  5.9   ~~policies, goals, and objectives, including their statutory,~~ 
  5.10  ~~administrative, and regulatory basis and the state agencies and~~ 
  5.11  ~~political subdivisions responsible for implementation;~~ 
  5.12     ~~(3)~~ (2) an evaluation of the extent and effectiveness of 
  5.13  implementation and an assessment of progress in accomplishing 
  5.14  state policies, goals, and objectives, including those listed in 
  5.15  paragraph (b); 
  5.16     ~~(4) estimates of the generation of solid waste anticipated~~ 
  5.17  ~~for the future, the manner in which the waste is likely to be~~ 
  5.18  ~~managed, and the programs and facilities that will be available~~ 
  5.19  ~~and needed for proper waste management;~~ 
  5.20     ~~(5)~~ (3) identification of issues requiring further 
  5.21  research, study, and action, the appropriate scope of the 
  5.22  research, study, or action, the state agency or political 
  5.23  subdivision that should implement the research, study, or 
  5.24  action, and a schedule for completion of the activity; and 
  5.25     ~~(6)~~ (4) recommendations for establishing or modifying state 
  5.26  solid waste management policies, authorities, and programs. 
  5.27     (b) Beginning in 1997, and every sixth year thereafter, the 
  5.28  report shall be expanded to include the metropolitan area solid 
  5.29  waste policy plan required in section 473.149, subdivision 1, 
  5.30  and strategies for the office to advance the goals of this 
  5.31  chapter, to manage waste as a resource, to further reduce the 
  5.32  need for expenditures on resource recovery and disposal 
  5.33  facilities, and to further reduce long-term environmental and 
  5.34  financial liabilities.  The expanded report must include 
  5.35  strategies for: 
  5.36     (1) achieving the maximum feasible reduction in waste 
  6.1   generation; 
  6.2      (2) encouraging manufacturers to design products that 
  6.3   eliminate or reduce the adverse environmental impacts of 
  6.4   resource extraction, manufacturing, use, and waste processing 
  6.5   and disposal; 
  6.6      (3) educating businesses, public entities, and other 
  6.7   consumers about the need to consider the potential environmental 
  6.8   and financial impacts of purchasing products that may create a 
  6.9   liability or that may be expensive to recycle or manage as 
  6.10  waste, due to the presence of toxic or hazardous components; 
  6.11     (4) eliminating or reducing toxic or hazardous components 
  6.12  in compost from municipal solid waste composting facilities, in 
  6.13  ash from municipal solid waste incinerators, and in leachate and 
  6.14  air emissions from municipal solid waste landfills, in order to 
  6.15  reduce the potential liability of waste generators, facility 
  6.16  owners and operators, and taxpayers; 
  6.17     (5) encouraging the source separation of materials to the 
  6.18  extent practicable, so that the materials are most appropriately 
  6.19  managed and to ensure that resources that can be reused or 
  6.20  recycled are not disposed of or destroyed; and 
  6.21     (6) maximizing the efficiency of the waste management 
  6.22  system by managing waste and recyclables close to the point of 
  6.23  generation, taking into account the characteristics of the 
  6.24  resources to be recovered from the waste and the type and 
  6.25  capacity of local facilities. 
  6.26     Sec. 7.  Minnesota Statutes 1994, section 115A.46, 
  6.27  subdivision 5, is amended to read: 
  6.28     Subd. 5.  [JURISDICTION OF PLAN.] (a) After a county plan 
  6.29  has been submitted for approval under subdivision 1, a ~~political~~ 
  6.30  ~~subdivision~~ public entity, as defined in section 16B.122, 
  6.31  subdivision 1, within the county may not enter into a binding 
  6.32  agreement governing a solid waste management activity that is 
  6.33  inconsistent with the county plan without the consent of the 
  6.34  county. 
  6.35     (b) After a county plan has been approved under subdivision 
  6.36  1, the plan governs all solid waste management in the county and 
  7.1   a ~~political subdivision~~ public entity, as defined in section 
  7.2   16B.122, subdivision 1, within the county may not develop or 
  7.3   implement a solid waste management activity, other than an 
  7.4   activity to reduce waste generation or reuse waste materials, 
  7.5   that is inconsistent with the county plan that the county is 
  7.6   actively implementing without the consent of the county.  
  7.7      Sec. 8.  Minnesota Statutes 1994, section 115A.55, 
  7.8   subdivision 3, is amended to read: 
  7.9      Subd. 3.  [FINANCIAL ASSISTANCE.] (a) The director shall 
  7.10  make loans and grants to any person for the purpose of 
  7.11  developing and implementing projects or practices to prevent or 
  7.12  reduce the generation of solid waste including those that 
  7.13  involve reuse of items in their original form or in 
  7.14  manufacturing processes that do not cause the destruction of 
  7.15  recyclable materials in a manner that precludes further use, or 
  7.16  involve procuring, using, or producing products with long useful 
  7.17  lives.  Grants may be used to fund studies needed to determine 
  7.18  the technical and financial feasibility of a waste reduction 
  7.19  project or practice or for the cost of implementation of a waste 
  7.20  reduction project or practice that the director has determined 
  7.21  is technically and financially feasible. 
  7.22     (b) In making grants or loans, the director shall give 
  7.23  priority to waste reduction projects or practices that have 
  7.24  broad application in the state and that have the potential for 
  7.25  significant reduction of the amount of waste generated. 
  7.26     (c) All information developed as a result of a grant or 
  7.27  loan shall be made available to other solid waste generators 
  7.28  through the public information program established in 
  7.29  subdivision 2. 
  7.30     (d) The director shall adopt rules for the administration 
  7.31  of this program and may administer the program in conjunction 
  7.32  with the grant program established under section 115D.05.  The 
  7.33  rules must prescribe the level or levels of matching funds 
  7.34  required for grants or loans under this subdivision. 
  7.35     Sec. 9.  Minnesota Statutes 1994, section 115A.55, is 
  7.36  amended by adding a subdivision to read: 
  8.1      Subd. 4.  [STATEWIDE SOURCE REDUCTION GOAL.] (a) It is a 
  8.2   goal of the state that there be a minimum ten percent per capita 
  8.3   reduction in the amount of mixed municipal solid waste generated 
  8.4   in the state by December 31, 2000, based on a reasonable 
  8.5   estimate of the amount of mixed municipal solid waste that was 
  8.6   generated in calendar year 1993. 
  8.7      (b) As part of the 1997 report required under section 
  8.8   115A.411, the director shall submit to the legislative 
  8.9   commission on waste management a proposed strategy for meeting 
  8.10  the goal in paragraph (a).  The strategy must include a 
  8.11  discussion of the different reduction potentials to be found in 
  8.12  various sectors and may include recommended interim goals.  The 
  8.13  director shall report progress on meeting the goal in paragraph 
  8.14  (a), as well as recommendations and revisions to the proposed 
  8.15  strategy, as part of the 1999 report required under section 
  8.16  115A.411. 
  8.17     Sec. 10.  Minnesota Statutes 1994, section 115A.5501, 
  8.18  subdivision 4, is amended to read: 
  8.19     Subd. 4.  [REPORT.] The director shall apply the statewide 
  8.20  percentage determined under subdivision 2 to the aggregate 
  8.21  amount of solid waste determined under subdivision 3 to 
  8.22  determine the amount of packaging in the waste stream.  By July 
  8.23  1, 1996, the director shall submit to the legislative commission 
  8.24  on waste management an analysis of the extent to which the waste 
  8.25  packaging reduction goal in subdivision 1 has been met.  ~~In~~ 
  8.26  ~~determining whether the goal has been met, the margin of error~~ 
  8.27  ~~must be applied in favor of meeting the goal.~~  The director 
  8.28  shall use the statistical mean for the data collected in 
  8.29  determining whether the goal has been met and shall include in 
  8.30  the analysis a discussion of the margin of error and statistical 
  8.31  reliability for the data collected. 
  8.32     Sec. 11.  Minnesota Statutes 1994, section 115A.5502, is 
  8.33  amended to read: 
  8.34     115A.5502 [PACKAGING PRACTICES; PREFERENCES; GOALS.] 
  8.35     Packaging forms a substantial portion of solid waste and 
  8.36  contributes to environmental degradation and the costs of 
  9.1   managing solid waste.  It is imperative to reduce the amount and 
  9.2   toxicity of packaging that must be managed as solid waste.  In 
  9.3   order to achieve significant reduction of packaging in solid 
  9.4   waste and to assist packagers and others to meet the packaging 
  9.5   reduction goal in section 115A.5501, the goal of the state is 
  9.6   that items be distributed without any packaging where feasible 
  9.7   and, only when necessary to protect health and safety or product 
  9.8   integrity, with the minimal amount of packaging possible.  The 
  9.9   following categories of packaging are listed in order of 
  9.10  preference for use by all persons who find it necessary to 
  9.11  package items for distribution or use in the state: 
  9.12     (1) minimal packaging that contains no intentionally 
  9.13  introduced toxic materials and that is designed to be and 
  9.14  actually is reused for its original purpose at least five times; 
  9.15     (2) minimal packaging that contains no intentionally 
  9.16  introduced toxic materials and consists of a significant 
  9.17  percentage of postconsumer material; 
  9.18     (3) minimal packaging that contains no intentionally 
  9.19  introduced toxic materials, that is recyclable, and is regularly 
  9.20  collected through recycling collection programs available to at 
  9.21  least 75 percent of the residents of the state; 
  9.22     ~~(3)~~ (4) minimal packaging that does not comply with ~~clauses~~ 
  9.23  clause (1) ~~and~~, (2), or (3) because it is required under federal 
  9.24  or state law and for which there does not exist a commercially 
  9.25  feasible alternative that does comply with ~~clauses~~ 
  9.26  clause (1) ~~and~~, (2), or (3); 
  9.27     ~~(4)~~ (5) packaging that contains no intentionally introduced 
  9.28  toxic materials but does not comply with clauses (1) to ~~(3)~~ (4); 
  9.29  and 
  9.30     ~~(5)~~ (6) all other packaging. 
  9.31     Sec. 12.  Minnesota Statutes 1994, section 115A.551, 
  9.32  subdivision 2a, is amended to read: 
  9.33     Subd. 2a.  [SUPPLEMENTARY RECYCLING GOALS.] (a) By December 
  9.34  31, 1996, each county will have as a goal to recycle the 
  9.35  following amounts: 
  9.36     (1) for a county outside of the metropolitan area, ~~30~~ 35 
 10.1   percent by weight of total solid waste generation; 
 10.2      (2) for a metropolitan county, ~~45~~ 50 percent by weight of 
 10.3   total solid waste generation. 
 10.4      Each county will develop and implement or require political 
 10.5   subdivisions within the county to develop and implement 
 10.6   programs, practices, or methods designed to meet its recycling 
 10.7   goal.  Nothing in this section or in any other law may be 
 10.8   construed to prohibit a county from establishing a higher 
 10.9   recycling goal.  ~~For the purposes of this subdivision "recycle"~~ 
 10.10  ~~and "total solid waste generation" have the meanings given them~~ 
 10.11  ~~in subdivision 1, except that neither includes yard waste.~~ 
 10.12     (b) For a county that, by January 1, 1995, is implementing 
 10.13  a solid waste reduction program that is approved by the 
 10.14  director, the director shall apply three percentage points 
 10.15  toward achievement of the recycling goals in this subdivision.  
 10.16  In addition, the director shall apply demonstrated waste 
 10.17  reduction that exceeds three percent reduction toward 
 10.18  achievement of the goals in this subdivision. 
 10.19     (c) No more than five percentage points may be applied 
 10.20  toward achievement of the recycling goals in this subdivision 
 10.21  for management of yard waste.  The five percentage points must 
 10.22  be applied as provided in this paragraph.  The director shall 
 10.23  apply three percentage points for a county in which residents 
 10.24  are provided, by January 1, 1996, with: 
 10.25     (1) an ongoing comprehensive education program under which 
 10.26  residents are informed about how to manage yard waste and are 
 10.27  notified of the prohibition in section 115A.931; and 
 10.28     (2) the opportunity to drop off yard waste at specified 
 10.29  sites or participate in curbside yard waste collection. The 
 10.30  director shall apply up to an additional two percentage points 
 10.31  toward achievement of the recycling goals in this subdivision 
 10.32  for additional activities approved by the director that are 
 10.33  likely to reduce the amount of yard waste generated and to 
 10.34  increase the on-site composting of yard waste. 
 10.35     Sec. 13.  Minnesota Statutes 1994, section 115A.551, 
 10.36  subdivision 4, is amended to read: 
 11.1      Subd. 4.  [INTERIM MONITORING.] The director~~, for counties~~ 
 11.2   ~~outside of the metropolitan area, and the metropolitan council,~~ 
 11.3   ~~for counties within the metropolitan area,~~ shall monitor the 
 11.4   progress of each county toward meeting the recycling goals in 
 11.5   subdivisions 2 and 2a.  The director shall report to the 
 11.6   legislative commission on waste management on the progress of 
 11.7   the counties by July 1 of each odd-numbered year.  ~~The~~ 
 11.8   ~~metropolitan council shall report to the legislative commission~~ 
 11.9   ~~on waste management on the progress of the counties by July 1 of~~ 
 11.10  ~~each year.~~  If the director ~~or the council~~ finds that a county 
 11.11  is not progressing toward the goals in subdivisions 2 and 2a, it 
 11.12  shall negotiate with the county to develop and implement solid 
 11.13  waste management techniques designed to assist the county in 
 11.14  meeting the goals, such as organized collection, curbside 
 11.15  collection of source-separated materials, and volume-based 
 11.16  pricing. 
 11.17     ~~In even-numbered years~~ The progress report ~~may~~ shall be 
 11.18  included in the ~~solid waste management policy~~ report required 
 11.19  under section 115A.411.  ~~The metropolitan council's progress~~ 
 11.20  ~~report shall be included in the report required by section~~ 
 11.21  ~~473.149.~~ 
 11.22     Sec. 14.  Minnesota Statutes 1994, section 115A.551, 
 11.23  subdivision 6, is amended to read: 
 11.24     Subd. 6.  [COUNTY SOLID WASTE PLANS.] ~~(a)~~ Each county shall 
 11.25  include in its solid waste management plan described in section 
 11.26  115A.46, or its solid waste master plan described in section 
 11.27  473.803, a ~~plan~~ recycling implementation strategy for 
 11.28  ~~implementing~~ meeting the recycling goal established in 
 11.29  subdivision ~~2~~ 2a along with mechanisms for providing financial 
 11.30  incentives to solid waste generators to reduce the amount of 
 11.31  waste generated and to separate recyclable materials from the 
 11.32  waste stream.  ~~The recycling plan must include detailed~~ 
 11.33  ~~recycling implementation information to form the basis for the~~ 
 11.34  ~~strategy required in subdivision 7.~~  
 11.35     ~~(b) Each county required to submit its plan to the director~~ 
 11.36  ~~under section 115A.46 shall amend its plan to comply with this~~ 
 12.1   ~~subdivision within one year after October 4, 1989.~~  
 12.2      Sec. 15.  Minnesota Statutes 1994, section 115A.551, 
 12.3   subdivision 7, is amended to read: 
 12.4      Subd. 7.  [RECYCLING IMPLEMENTATION STRATEGY.] ~~Within one~~ 
 12.5   ~~year of approval of the portion of the plan required in~~ 
 12.6   ~~subdivision 6,~~ Each ~~nonmetropolitan~~ county shall submit to the 
 12.7   director for approval ~~a local~~ the recycling implementation 
 12.8   strategy required in subdivision 6.  The ~~local~~ recycling 
 12.9   implementation strategy must be submitted by October 31, 1995, 
 12.10  and must: 
 12.11     (1) be consistent with the approved county solid waste 
 12.12  management plan; 
 12.13     (2) identify the materials that are being and will be 
 12.14  recycled in the county to meet the goals under this section and 
 12.15  the parties responsible and methods for recycling the material; 
 12.16  ~~and~~ 
 12.17     (3) ~~define the need for funds to ensure continuation of~~ 
 12.18  ~~local recycling, methods of raising and allocating such funds,~~ 
 12.19  ~~and permanent sources and levels of local funding for recycling~~ 
 12.20  provide a budget to ensure adequate funding for needed county 
 12.21  and local programs and demonstrate an ongoing commitment to 
 12.22  spending the money on recycling programs; and 
 12.23     (4) include a schedule for implementing recycling 
 12.24  activities needed to meet the goals in subdivision 2a. 
 12.25     Sec. 16.  Minnesota Statutes 1994, section 115A.554, is 
 12.26  amended to read: 
 12.27     115A.554 [AUTHORITY OF SANITARY DISTRICTS.] 
 12.28     A sanitary district has the authorities and duties of 
 12.29  counties within the district's boundary for purposes of sections 
 12.30  115A.46, subdivision 4; 115A.48; 115A.551; 115A.552; 115A.553; 
 12.31  115A.919; 115A.929; 115A.93; 115A.96, subdivision 6; 115A.961; 
 12.32  115A.991; 116.072; 375.18, subdivision 14; 400.08, except 
 12.33  subdivision 4, paragraph (b); 400.16; and 400.161. 
 12.34     Sec. 17.  Minnesota Statutes 1994, section 115A.557, 
 12.35  subdivision 3, is amended to read: 
 12.36     Subd. 3.  [ELIGIBILITY TO RECEIVE MONEY.] (a) To be 
 13.1   eligible to receive money distributed by the director under this 
 13.2   section, a county shall within one year of October 4, 1989: 
 13.3      (1) create a separate account in its general fund to credit 
 13.4   the money; and 
 13.5      (2) set up accounting procedures to ensure that money in 
 13.6   the separate account is spent only for the purposes in 
 13.7   subdivision 2. 
 13.8      (b) In each following year, each county shall also: 
 13.9      (1) have in place an approved solid waste management plan 
 13.10  or master plan including a recycling implementation strategy 
 13.11  under section 115A.551, subdivision 7, ~~or 473.803, subdivision~~ 
 13.12  ~~1e,~~ and a household hazardous waste management plan under 
 13.13  section 115A.96, subdivision 6, by the dates specified in those 
 13.14  provisions; 
 13.15     (2) submit a report by April 1 of each year to the director 
 13.16  detailing how the money was spent and the resulting gains 
 13.17  achieved in solid waste management practices during the previous 
 13.18  calendar year; and 
 13.19     (3) provide evidence to the director that local revenue 
 13.20  equal to 25 percent of the money sought for distribution under 
 13.21  this section will be spent for the purposes in subdivision 2. 
 13.22     (c) The director shall withhold all or part of the funds to 
 13.23  be distributed to a county under this section if the county 
 13.24  fails to comply with this subdivision and subdivision 2. 
 13.25     Sec. 18.  Minnesota Statutes 1994, section 115A.557, 
 13.26  subdivision 4, is amended to read: 
 13.27     Subd. 4.  [REPORT.] By July 1 of each odd-numbered year, 
 13.28  the director shall report on how the money was spent and the 
 13.29  resulting statewide improvements in solid waste management to 
 13.30  the house of representatives and senate appropriations and 
 13.31  finance committees and the legislative commission on waste 
 13.32  management.  ~~In even-numbered years~~ The report ~~may~~ shall be 
 13.33  included in the ~~solid waste management policy~~ report required 
 13.34  under section 115A.411. 
 13.35     Sec. 19.  Minnesota Statutes 1994, section 115A.919, 
 13.36  subdivision 3, is amended to read: 
 14.1      Subd. 3.  [EXEMPTIONS.] (a) Waste residue from recycling 
 14.2   facilities at which recyclable materials are separated or 
 14.3   processed for the purpose of recycling, or from energy and 
 14.4   resource recovery facilities at which solid waste is processed 
 14.5   for the purpose of extracting, reducing, converting to energy, 
 14.6   or otherwise separating and preparing solid waste for reuse 
 14.7   shall be exempt from any fee imposed by a county under this 
 14.8   section if there is at least an 85 percent ~~volume~~ weight 
 14.9   reduction in the solid waste processed.  Before any fee is 
 14.10  reduced, the verification procedures of section 473.843, 
 14.11  subdivision 1, paragraph (c), must be followed and submitted to 
 14.12  the appropriate county, except that for facilities operating 
 14.13  outside of the metropolitan area the commissioner shall 
 14.14  prescribe procedures for verifying the required 85 
 14.15  percent ~~volume~~ weight reduction. 
 14.16     (b) A facility permitted for the disposal of construction 
 14.17  debris is exempt from 25 percent of a fee imposed under 
 14.18  subdivision 1 if the facility has implemented a recycling 
 14.19  program approved by the county and 25 percent if the facility 
 14.20  contains a liner and leachate collection system approved by the 
 14.21  agency. 
 14.22     Sec. 20.  Minnesota Statutes 1994, section 115A.921, 
 14.23  subdivision 1, is amended to read: 
 14.24     Subdivision 1.  [MIXED MUNICIPAL SOLID WASTE.] A city or 
 14.25  town may impose a fee, not to exceed $1 per cubic yard of waste, 
 14.26  or its equivalent, on operators of facilities for the disposal 
 14.27  of mixed municipal solid waste located within the city or town.  
 14.28  The revenue from the fees must be credited to the city or town 
 14.29  general fund.  Revenue produced by 25 cents of the fee must be 
 14.30  used only for purposes of landfill abatement or for purposes of 
 14.31  mitigating and compensating for the local risks, costs, and 
 14.32  other adverse effects of facilities.  Revenue produced by the 
 14.33  balance of the fee may be used for any general fund purpose.  
 14.34     Waste residue from recycling facilities at which recyclable 
 14.35  materials are separated or processed for the purpose of 
 14.36  recycling, or from energy and resource recovery facilities at 
 15.1   which solid waste is processed for the purpose of extracting, 
 15.2   reducing, converting to energy, or otherwise separating and 
 15.3   preparing solid waste for reuse shall be exempt from the fee 
 15.4   imposed by a city or town under this section if there is at 
 15.5   least an 85 percent ~~volume~~ weight reduction in the solid waste 
 15.6   processed.  Before any fee is reduced, the verification 
 15.7   procedures of section 473.843, subdivision 1, paragraph (c), 
 15.8   must be followed and submitted to the appropriate city or town, 
 15.9   except that for facilities operating outside of the metropolitan 
 15.10  area the commissioner shall prescribe procedures for verifying 
 15.11  the required 85 percent ~~volume~~ weight reduction. 
 15.12     Sec. 21.  Minnesota Statutes 1994, section 115A.923, 
 15.13  subdivision 1, is amended to read: 
 15.14     Subdivision 1.  [AMOUNT OF FEE.] (a) The operator of a 
 15.15  mixed municipal solid waste disposal facility outside of the 
 15.16  metropolitan area shall charge a fee on solid waste accepted and 
 15.17  disposed of at the facility as follows:  
 15.18     (1) a facility that weighs the waste that it accepts must 
 15.19  charge a fee of $2 per cubic yard based on equivalent cubic 
 15.20  yards of waste accepted at the entrance of the facility; 
 15.21     (2) a facility that does not weigh the waste but that 
 15.22  measures the volume of the waste that it accepts must charge a 
 15.23  fee of $2 per cubic yard of waste accepted at the entrance of 
 15.24  the facility; and 
 15.25     (3) waste residue from recycling facilities at which 
 15.26  recyclable materials are separated or processed for the purpose 
 15.27  of recycling, or from energy and resource recovery facilities at 
 15.28  which solid waste is processed for the purpose of extracting, 
 15.29  reducing, converting to energy, or otherwise separating and 
 15.30  preparing solid waste for reuse is exempt from the fee imposed 
 15.31  by this subdivision if there is at least an 85 percent ~~volume~~ 
 15.32  weight reduction in the solid waste processed.  
 15.33     (b) To qualify for exemption under paragraph (a), clause 
 15.34  (3), waste residue must be brought to a disposal facility 
 15.35  separately.  The commissioner shall prescribe procedures for 
 15.36  determining the amount of waste residue qualifying for exemption.
 16.1      Sec. 22.  Minnesota Statutes 1994, section 115A.9302, 
 16.2   subdivision 1, is amended to read: 
 16.3      Subdivision 1.  [DISCLOSURE REQUIRED.] (a) By January 1, 
 16.4   1994, and at least annually thereafter between January 1 and 
 16.5   March 31, a person that collects construction debris, industrial 
 16.6   waste, or mixed municipal solid waste for transportation to a 
 16.7   waste facility shall disclose to each waste generator from whom 
 16.8   waste is collected the name, location, and type of, and the 
 16.9   number of the permit issued by the agency, or its counterpart in 
 16.10  another state, if applicable, for the processing or disposal 
 16.11  facility or facilities, excluding a transfer station, at which 
 16.12  the waste will be deposited.  The collector shall note ~~both~~ the 
 16.13  approximate percentage of waste deposited at each of the two 
 16.14  primary ~~facility at which the collector most often deposits~~ 
 16.15  ~~waste~~ facilities used for the type of waste collected from the 
 16.16  generator in the county in which the generator generates the 
 16.17  waste and any alternative facilities regularly used by the 
 16.18  collector~~.~~ for the type of waste collected from the generator in 
 16.19  the county in which the generator generates the waste.  
 16.20     (b) All disclosures, written or oral, must include the 
 16.21  following statement:  "You, as the generator of mixed municipal 
 16.22  solid waste, may be responsible for any liability that results 
 16.23  from contamination at a facility where your waste has been 
 16.24  deposited.  Minnesota believes that depositing waste in a 
 16.25  facility that meets Minnesota state rules for waste disposal 
 16.26  facilities, or equivalent rules from other states, and that 
 16.27  meets the federal rules for new land disposal facilities, will 
 16.28  minimize that potential liability." 
 16.29     (c) If each of the primary or alternative disposal 
 16.30  facilities identified by the collector in paragraph (a) meets, 
 16.31  at the time of the disclosure notice:  (1) the environmental and 
 16.32  financial standards for new disposal facilities as described in 
 16.33  Code of Federal Regulations, title 40, parts 257 and 258, even 
 16.34  if those standards are not yet enforced by the federal 
 16.35  government; and (2) all state environmental and financial 
 16.36  standards for the facility, the disclosure may state "The 
 17.1   disposal facilities to which your waste will be sent during the 
 17.2   current calendar year meets those state and federal standards." 
 17.3      (d) If any of the primary or alternative disposal 
 17.4   facilities identified by the collector in paragraph (a) do not, 
 17.5   at the time of the disclosure notice, meet the standards listed 
 17.6   in paragraph (c), clauses (1) and (2), the disclosure must state 
 17.7   "The disposal facilities to which your waste may be sent during 
 17.8   the current calendar year does not meet those state and federal 
 17.9   standards." 
 17.10     (e) The agency shall, by January 1, 1996, develop a list of 
 17.11  disposal facilities in Minnesota that meet the state and federal 
 17.12  standards described in paragraphs (c) and (d), and shall make 
 17.13  this list available upon request to collectors subject to this 
 17.14  section.  The agency shall update this list annually by January 
 17.15  1 of each year. 
 17.16     Sec. 23.  Minnesota Statutes 1994, section 115A.9302, 
 17.17  subdivision 2, is amended to read: 
 17.18     Subd. 2.  [FORM OF DISCLOSURE.] (a) A collector shall make 
 17.19  the disclosure to the waste generator in writing at least once 
 17.20  per year ~~or~~ between January 1 and March 31 and on any written 
 17.21  contract for collection services for that year.  The written 
 17.22  disclosure must include all of the information described in 
 17.23  subdivision 1.  The oral disclosure required in paragraphs (b) 
 17.24  and (c) need only include the statement required in subdivision 
 17.25  1, paragraph (b), and the statement required in subdivision 1, 
 17.26  paragraph (d), if that paragraph applies.  If the license issued 
 17.27  by the county to the collector for collection within the county 
 17.28  does not require the collector to submit a copy of the 
 17.29  disclosure to the county, the collector shall submit a copy to 
 17.30  the commissioner by March 31 of each year. 
 17.31     (b) A collector must provide the required disclosure orally 
 17.32  to a waste generator at the time the generator inquires about 
 17.33  beginning regular collection service and must provide written 
 17.34  disclosure to the generator within 30 days from the date of 
 17.35  request.  This oral disclosure is not required if the city or 
 17.36  county within which the waste is generated selects the collector 
 18.1   that may provide collection services to the generator. 
 18.2      (c) If a collector provides one-time or occasional service 
 18.3   to a waste generator, the collector must orally provide the 
 18.4   generator with the required disclosure at the time the service 
 18.5   is requested.  The collector shall then provide written 
 18.6   disclosure to the generator within 30 days from the date of 
 18.7   request. 
 18.8      (d) If an additional facility becomes either a primary 
 18.9   facility or an alternative facility during the year, the 
 18.10  collector shall make the disclosure set forth in subdivision 1 
 18.11  within 30 days.  A local government unit that collects solid 
 18.12  waste without direct charges to waste generators shall make the 
 18.13  disclosure on any statement that includes an amount for waste 
 18.14  management, provided that, at a minimum, disclosure to waste 
 18.15  generators must be made at least twice annually in a form likely 
 18.16  to be available to all generators. 
 18.17     (e) The agency may develop standard disclosure forms 
 18.18  containing the information that is required in this section.  
 18.19  Collectors may use the form developed by the agency.  
 18.20     Sec. 24.  Minnesota Statutes 1994, section 115A.965, 
 18.21  subdivision 1, is amended to read: 
 18.22     Subdivision 1.  [PACKAGING.] (a) As soon as feasible but 
 18.23  not later than August 1, 1993, no manufacturer or distributor 
 18.24  may sell or offer for sale or for promotional purposes in this 
 18.25  state packaging or a product that is contained in packaging if 
 18.26  the packaging itself, or any inks, dyes, pigments, adhesives, 
 18.27  stabilizers, or any other additives to the packaging contain any 
 18.28  lead, cadmium, mercury, or hexavalent chromium that has been 
 18.29  intentionally introduced as an element during manufacture or 
 18.30  distribution of the packaging.  Intentional introduction does 
 18.31  not include the incidental presence of any of the prohibited 
 18.32  elements. 
 18.33     (b) For the purposes of this section: 
 18.34     (1) "distributor" means a person who imports packaging or 
 18.35  causes packaging to be imported into the state; and 
 18.36     (2) until August 15, ~~1995~~ 1996, "packaging" does not 
 19.1   include steel strapping containing a total concentration level 
 19.2   of lead, cadmium, mercury, and hexavalent chromium, added 
 19.3   together, of less than 100 parts per million by weight. 
 19.4      Sec. 25.  Minnesota Statutes 1994, section 115D.03, 
 19.5   subdivision 5, is amended to read: 
 19.6      Subd. 5.  [ELIGIBLE RECIPIENTS.] "Eligible recipients" 
 19.7   means persons who use, generate, or release toxic pollutants, 
 19.8   hazardous substances, or hazardous wastes, or individuals or 
 19.9   organizations that provide assistance to these persons. 
 19.10     Sec. 26.  Minnesota Statutes 1994, section 115D.03, is 
 19.11  amended by adding a subdivision to read: 
 19.12     Subd. 6a.  [OFFICER OF THE COMPANY.] "Officer of the 
 19.13  company" means one of the following: 
 19.14     (1) an owner or sole proprietor; 
 19.15     (2) a partner; 
 19.16     (3) for a corporation incorporated under chapter 300, the 
 19.17  president, secretary, treasurer, or other officer as provided 
 19.18  for in the corporation's bylaws or certificate of incorporation; 
 19.19     (4) for a corporation incorporated under chapter 302A, an 
 19.20  individual exercising the functions of the chief executive 
 19.21  officer or the chief financial officer under section 302A.305 or 
 19.22  another officer elected or appointed by the directors of the 
 19.23  corporation under section 302A.311; 
 19.24     (5) for a corporation incorporated outside this state, an 
 19.25  officer of the company as defined by the laws of the state in 
 19.26  which the corporation is incorporated; or 
 19.27     (6) for a limited liability company organized under chapter 
 19.28  322B, the chief manager or treasurer. 
 19.29     Sec. 27.  Minnesota Statutes 1994, section 115D.05, is 
 19.30  amended to read: 
 19.31     115D.05 [POLLUTION PREVENTION GRANTS.] 
 19.32     Subdivision 1.  [PURPOSE.] The director may make grants to 
 19.33  ~~study or demonstrate the feasibility of applying specific~~ 
 19.34  ~~technologies and methods to prevent~~ develop or implement 
 19.35  pollution prevention projects or practices. 
 19.36     Subd. 2.  [ELIGIBILITY.] (a) Eligible recipients may 
 20.1   receive grants under this section. 
 20.2      (b) Grants may be awarded up to a maximum of ~~two-thirds~~ 
 20.3   three-quarters of the total cost of the project.  ~~Grant money~~ 
 20.4   ~~awarded under this section may not be spent for capital~~ 
 20.5   ~~improvements or equipment.~~ 
 20.6      Subd. 3.  [PROCEDURE FOR AWARDING GRANTS.] (a) In 
 20.7   determining whether to award a grant, the director shall 
 20.8   consider at least the following: 
 20.9      (1) the potential of the project to prevent pollution; 
 20.10     (2) the likelihood that the project will ~~develop techniques~~ 
 20.11  ~~or processes that will~~ minimize the transfer of pollution from 
 20.12  one environmental medium to another; 
 20.13     (3) the extent to which information to be developed through 
 20.14  the project will be applicable and disseminated to other persons 
 20.15  in the state; and 
 20.16     (4) ~~the willingness of the grant applicant to implement~~ 
 20.17  ~~feasible methods and technologies developed under the grant;~~ 
 20.18     ~~(5) the willingness of the grant applicant to assist the~~ 
 20.19  ~~director in disseminating information about the pollution~~ 
 20.20  ~~prevention methods to be developed through the project; and~~ 
 20.21     ~~(6)~~ the extent to which the project will conform to the 
 20.22  pollution prevention policy established in section 115D.02. 
 20.23     (b) The director shall adopt rules to administer the grant 
 20.24  program and may administer the grant program in conjunction with 
 20.25  the grant program established under section 115A.55, subdivision 
 20.26  3.  ~~Prior to completion of any new rulemaking, the director may~~ 
 20.27  ~~administer the program under the procedures established in rules~~ 
 20.28  ~~promulgated under section 115A.154.~~ 
 20.29     Sec. 28.  Minnesota Statutes 1994, section 115D.07, 
 20.30  subdivision 1, is amended to read: 
 20.31     Subdivision 1.  [REQUIREMENT TO PREPARE AND MAINTAIN A 
 20.32  PLAN.] (a) Persons who operate a facility required by United 
 20.33  States Code, title 42, section 11023, or section 299K.08, 
 20.34  subdivision 3, to submit a toxic chemical release form shall 
 20.35  prepare a toxic pollution prevention plan for that facility.  A 
 20.36  facility that is required to submit a toxic chemical release 
 21.1   form but does not release a toxic chemical is exempt from the 
 21.2   requirements of this subdivision.  The plan must contain the 
 21.3   information listed in subdivision 2. 
 21.4      (b) Except as provided in paragraphs (d) and (e), for 
 21.5   facilities that release a total of 10,000 pounds or more of 
 21.6   toxic pollutants annually, the plan must be completed as follows:
 21.7      (1) on or before July 1, 1991, for facilities having a 
 21.8   two-digit standard industrial classification of 35 to 39; 
 21.9      (2) by January 1, 1992, for facilities having a two-digit 
 21.10  standard industrial classification of 28 to 34; and 
 21.11     (3) by July 1, 1992, for all other persons required to 
 21.12  prepare a plan under this subdivision. 
 21.13     (c) Except as provided in paragraphs (d) and (e), 
 21.14  facilities that release less than a total of 10,000 pounds of 
 21.15  toxic pollutants annually must complete their plans by July 1, 
 21.16  1992. 
 21.17     (d) For the following facilities, the plan must be 
 21.18  completed as follows: 
 21.19     (1) by January 1, 1995, for facilities required to report 
 21.20  under section 299K.08, subdivision 3, that have a two-digit 
 21.21  standard industrial classification of 01 to 50; and 
 21.22     (2) by ~~July 1, 1995~~ January 1, 1996, for facilities 
 21.23  required to report under section 299K.08, subdivision 3, that 
 21.24  have a two-digit standard industrial classification of 51 to 99. 
 21.25     (e) For facilities that become subject to this subdivision 
 21.26  after July 1, 1993, the plan must be completed by six months 
 21.27  after the first submittal for the facility under United States 
 21.28  Code, title 42, section 11023, or section 299K.08, subdivision 3.
 21.29     (f) Each plan must be updated ~~every two years~~ by January 1 
 21.30  of every even-numbered year and must be maintained at the 
 21.31  facility to which it pertains. 
 21.32     Sec. 29.  Minnesota Statutes 1994, section 115D.07, 
 21.33  subdivision 2, is amended to read: 
 21.34     Subd. 2.  [CONTENTS OF PLAN.] (a) Each toxic pollution 
 21.35  prevention plan must establish a program identifying the 
 21.36  specific technically and economically practicable steps that 
 22.1   could be taken during at least the three years following the 
 22.2   date the plan is due, to eliminate or reduce the generation or 
 22.3   release of toxic pollutants reported by the facility.  Toxic 
 22.4   pollutants resulting solely from research and development 
 22.5   activities need not be included in the plan.  
 22.6      (b) At a minimum, each plan must include: 
 22.7      (1) a policy statement articulating upper management 
 22.8   support for eliminating or reducing the generation or release of 
 22.9   toxic pollutants at the facility; 
 22.10     (2) a description of the current processes generating or 
 22.11  releasing toxic pollutants that specifically describes the 
 22.12  types, sources, and quantities of toxic pollutants currently 
 22.13  being generated or released by the facility; 
 22.14     (3) a description of the current and past practices used to 
 22.15  eliminate or reduce the generation or release of toxic 
 22.16  pollutants at the facility and an evaluation of the 
 22.17  effectiveness of these practices; 
 22.18     (4) an assessment of technically and economically 
 22.19  practicable options available to eliminate or reduce the 
 22.20  generation or release of toxic pollutants at the facility, 
 22.21  including options such as changing the raw materials, operating 
 22.22  techniques, equipment and technology, personnel training, and 
 22.23  other practices used at the facility.  The assessment may 
 22.24  include a cost benefit analysis of the available options; 
 22.25     (5) a statement of objectives based on the assessment in 
 22.26  clause (4) and a schedule for achieving those objectives.  
 22.27  Wherever technically and economically practicable, the 
 22.28  objectives for eliminating or reducing the generation or release 
 22.29  of each toxic pollutant at the facility must be expressed in 
 22.30  numeric terms based on a specified base year that is no earlier 
 22.31  than 1987.  Otherwise, the objectives must include a clearly 
 22.32  stated list of actions designed to lead to the establishment of 
 22.33  numeric objectives as soon as practicable; 
 22.34     (6) an explanation of the rationale for each objective 
 22.35  established for the facility; 
 22.36     (7) a listing of options that were considered not to be 
 23.1   economically and technically practicable; and 
 23.2      (8) a certification, signed and dated by the facility 
 23.3   manager and an officer of the company under penalty of section 
 23.4   609.63, attesting to the accuracy of the information in the plan.
 23.5      Sec. 30.  Minnesota Statutes 1994, section 115D.08, 
 23.6   subdivision 1, is amended to read: 
 23.7      Subdivision 1.  [REQUIREMENT TO SUBMIT PROGRESS REPORT.] 
 23.8   (a) All persons required to prepare a toxic pollution prevention 
 23.9   plan under section 115D.07 shall submit an annual progress 
 23.10  report to the commissioner that may be drafted in a manner that 
 23.11  does not disclose proprietary information.  Progress reports are 
 23.12  due on October 1 of each year.  The first progress reports are 
 23.13  due in 1992.  
 23.14     (b) At a minimum, each progress report must include: 
 23.15     (1) a summary of each objective established in the plan, 
 23.16  including the base year for any objective stated in numeric 
 23.17  terms, and the schedule for meeting ~~the~~ each objective; 
 23.18     (2) a summary of progress made during the past year, if 
 23.19  any, toward meeting each objective established in the plan 
 23.20  including the quantity of each toxic pollutant eliminated or 
 23.21  reduced; 
 23.22     (3) a statement of the methods through which elimination or 
 23.23  reduction has been achieved; 
 23.24     (4) if necessary, an explanation of the reasons objectives 
 23.25  were not achieved during the previous year, including 
 23.26  identification of any technological, economic, or other 
 23.27  impediments the facility faced in its efforts to achieve its 
 23.28  objectives; and 
 23.29     (5) a certification, signed and dated by the facility 
 23.30  manager and an officer of the company under penalty of section 
 23.31  609.63, attesting that a plan meeting the requirements of 
 23.32  section 115D.07 has been prepared and also attesting to the 
 23.33  accuracy of the information in the progress report. 
 23.34     Sec. 31.  Minnesota Statutes 1994, section 115D.10, is 
 23.35  amended to read: 
 23.36     115D.10 [TOXIC POLLUTION PREVENTION EVALUATION REPORT.] 
 24.1      The director, in cooperation with the commissioner and 
 24.2   commission, shall report to the environment and natural 
 24.3   resources committees of the legislature and the legislative 
 24.4   commission on waste management on progress being made in 
 24.5   achieving the objectives of sections 115D.01 to 115D.12.  The 
 24.6   report must be submitted by February 1 of each even-numbered 
 24.7   year. 
 24.8      Sec. 32.  Minnesota Statutes 1994, section 116.07, 
 24.9   subdivision 4a, is amended to read: 
 24.10     Subd. 4a.  [PERMITS.] (a) The pollution control agency may 
 24.11  issue, continue in effect or deny permits, under such conditions 
 24.12  as it may prescribe for the prevention of pollution, for the 
 24.13  emission of air contaminants, or for the installation or 
 24.14  operation of any emission facility, air contaminant treatment 
 24.15  facility, treatment facility, potential air contaminant storage 
 24.16  facility, or storage facility, or any part thereof, or for the 
 24.17  sources or emissions of noise pollution. 
 24.18     The pollution control agency may also issue, continue in 
 24.19  effect or deny permits, under such conditions as it may 
 24.20  prescribe for the prevention of pollution, for the storage, 
 24.21  collection, transportation, processing, or disposal of waste, or 
 24.22  for the installation or operation of any system or facility, or 
 24.23  any part thereof, related to the storage, collection, 
 24.24  transportation, processing, or disposal of waste. 
 24.25     The pollution control agency may revoke or modify any 
 24.26  permit issued under this subdivision and section 116.081 
 24.27  whenever it is necessary, in the opinion of the agency, to 
 24.28  prevent or abate pollution. 
 24.29     (b) The pollution control agency has the authority for 
 24.30  approval over the siting, expansion, or operation of a solid 
 24.31  waste facility with regard to environmental issues.  However, 
 24.32  the agency's issuance of a permit does not release the permittee 
 24.33  from any liability, penalty, or duty imposed by any applicable 
 24.34  county ordinances.  Nothing in this chapter precludes, or shall 
 24.35  be construed to preclude, a county from enforcing land use 
 24.36  controls, regulations, and ordinances existing at the time of 
 25.1   the permit application and adopted pursuant to sections 366.10 
 25.2   to 366.181, 394.21 to 394.37, or 462.351 to 462.365, with regard 
 25.3   to the siting, expansion, or operation of a solid waste facility.
 25.4      Sec. 33.  Minnesota Statutes 1994, section 116.07, 
 25.5   subdivision 4d, is amended to read: 
 25.6      Subd. 4d.  [PERMIT FEES.] (a) The agency may collect permit 
 25.7   fees in amounts not greater than those necessary to cover the 
 25.8   reasonable costs of reviewing and acting upon applications for 
 25.9   agency permits and implementing and enforcing the conditions of 
 25.10  the permits pursuant to agency rules.  Permit fees shall not 
 25.11  include the costs of litigation.  The agency shall adopt rules 
 25.12  under section ~~16A.128~~ 16A.1285 establishing the amounts and 
 25.13  methods of collection of any permit fees collected under this 
 25.14  subdivision.  The fee schedule must reflect reasonable and 
 25.15  routine permitting, implementation, and enforcement costs.  The 
 25.16  agency may impose an additional enforcement fee to be collected 
 25.17  for a period of up to two years to cover the reasonable costs of 
 25.18  implementing and enforcing the conditions of a permit under the 
 25.19  rules of the agency.  Any money collected under this paragraph 
 25.20  shall be deposited in the special revenue account. 
 25.21     (b) Notwithstanding paragraph (a), and section ~~16A.128,~~ 
 25.22  ~~subdivision 1~~ 16A.1285, subdivision 2, the agency shall collect 
 25.23  an annual fee from the owner or operator of all stationary 
 25.24  sources, emission facilities, emissions units, air contaminant 
 25.25  treatment facilities, treatment facilities, potential air 
 25.26  contaminant storage facilities, or storage facilities subject to 
 25.27  the requirement to obtain a permit under ~~Title~~ subchapter V of 
 25.28  the federal Clean Air Act ~~Amendments of 1990, Public Law Number~~ 
 25.29  ~~101-549, Statutes at Large, volume 104, pages 2399~~, United 
 25.30  States Code, title 42, section 7401 et seq., or section 
 25.31  116.081.  The annual fee shall be used to pay for all direct and 
 25.32  indirect reasonable costs, including attorney general costs, 
 25.33  required to develop and administer the permit program 
 25.34  requirements of ~~Title~~ subchapter V of the federal Clean Air Act 
 25.35  ~~Amendments of 1990, Public Law Number 101-549, Statutes at~~ 
 25.36  ~~Large, volume 104, pages 2399~~, United States Code, title 42, 
 26.1   section 7401 et seq., and sections of this chapter and the rules 
 26.2   adopted under this chapter related to air contamination and 
 26.3   noise.  Those costs include the reasonable costs of reviewing 
 26.4   and acting upon an application for a permit; implementing and 
 26.5   enforcing statutes, rules, and the terms and conditions of a 
 26.6   permit; emissions, ambient, and deposition monitoring; preparing 
 26.7   generally applicable regulations; responding to federal 
 26.8   guidance; modeling, analyses, and demonstrations; preparing 
 26.9   inventories and tracking emissions; providing information to the 
 26.10  public about these activities~~; and, after June 30, 1992, the~~ 
 26.11  ~~costs of acid deposition monitoring currently assessed under~~ 
 26.12  ~~section 116C.69, subdivision 3~~. 
 26.13     (c) The agency shall adopt fee rules in accordance with the 
 26.14  procedures in section ~~16A.128, subdivisions 1a and 2a~~ 16A.1285, 
 26.15  subdivision 5, that will result in the collection, in the 
 26.16  aggregate, from the sources listed in paragraph (b), of the 
 26.17  following amounts: 
 26.18     (1) ~~in fiscal years 1992 and 1993, the amount appropriated~~ 
 26.19  ~~by the legislature from the air quality account in the~~ 
 26.20  ~~environmental fund for the agency's air quality program;~~ 
 26.21     ~~(2) for fiscal year 1994 and thereafter,~~ an amount not less 
 26.22  than $25 per ton of each volatile organic compound; pollutant 
 26.23  regulated under United States Code, title 42, section 7411 or 
 26.24  7412 (section 111 or 112 of the federal Clean Air Act); and each 
 26.25  pollutant, except carbon monoxide, for which a national primary 
 26.26  ambient air quality standard has been promulgated; and 
 26.27     ~~(3) for fiscal year 1994 and thereafter,~~ (2) the agency fee 
 26.28  rules may also result in the collection, in the aggregate, from 
 26.29  the sources listed in paragraph (b), of an amount not less than 
 26.30  $25 per ton of each pollutant not listed in clause ~~(2)~~ (1) that 
 26.31  is regulated under ~~Minnesota Rules,~~ this chapter ~~7005, or for~~ 
 26.32  ~~which a state primary ambient air quality standard has been~~ 
 26.33  ~~adopted~~ or air quality rules adopted under this chapter.  
 26.34  The agency must not include in the calculation of the aggregate 
 26.35  amount to be collected under the fee rules any amount in excess 
 26.36  of 4,000 tons per year of each air pollutant from a source. 
 27.1      (d) To cover the reasonable costs described in paragraph 
 27.2   (b), the agency shall provide in the rules promulgated under 
 27.3   paragraph (c) for an increase in the fee collected in each year 
 27.4   ~~beginning after fiscal year 1993~~ by the percentage, if any, by 
 27.5   which the Consumer Price Index for the most recent calendar year 
 27.6   ending before the beginning of the year the fee is collected 
 27.7   exceeds the Consumer Price Index for the calendar year 1989.  
 27.8   For purposes of this paragraph the Consumer Price Index for any 
 27.9   calendar year is the average of the Consumer Price Index for 
 27.10  all-urban consumers published by the United States Department of 
 27.11  Labor, as of the close of the 12-month period ending on August 
 27.12  31 of each calendar year.  The revision of the Consumer Price 
 27.13  Index that is most consistent with the Consumer Price Index for 
 27.14  calendar year 1989 shall be used. 
 27.15     (e) Any money collected under paragraphs (b) to (d) must be 
 27.16  deposited in an air quality account in the environmental fund 
 27.17  and must be used solely for the activities listed in paragraph 
 27.18  (b).  
 27.19     (f) Persons who wish to construct or expand an air emission 
 27.20  facility may offer to reimburse the agency for the costs of 
 27.21  staff overtime or consultant services needed to expedite permit 
 27.22  review.  The reimbursement shall be in addition to fees imposed 
 27.23  by paragraphs (a) to (d).  When the agency determines that it 
 27.24  needs additional resources to review the permit application in 
 27.25  an expedited manner, and that expediting the review would not 
 27.26  disrupt air permitting program priorities, the agency may accept 
 27.27  the reimbursement.  Reimbursements accepted by the agency are 
 27.28  appropriated to the agency for the purpose of reviewing the 
 27.29  permit application.  Reimbursement by a permit applicant shall 
 27.30  precede and not be contingent upon issuance of a permit and 
 27.31  shall not affect the agency's decision on whether to issue or 
 27.32  deny a permit, what conditions are included in a permit, or the 
 27.33  application of state and federal statutes and rules governing 
 27.34  permit determinations. 
 27.35     Sec. 34.  Minnesota Statutes 1994, section 116.072, is 
 27.36  amended to read: 
 28.1      116.072 [ADMINISTRATIVE PENALTIES.] 
 28.2      Subdivision 1.  [AUTHORITY TO ISSUE PENALTY ORDERS.] (a) 
 28.3   The commissioner may issue an order requiring violations to be 
 28.4   corrected and administratively assessing monetary penalties for 
 28.5   violations of this chapter and chapters 115, 115A, 115D, and 
 28.6   115E, any rules adopted under those chapters, and any standards, 
 28.7   limitations, or conditions established in an agency permit, 
 28.8   including conditions established under section 473.823, 
 28.9   subdivision 3; and for failure to respond to a request for 
 28.10  information under section 115B.17, subdivision 3.  The order 
 28.11  must be issued as provided in this section. 
 28.12     (b) A county board may adopt an ordinance containing 
 28.13  procedures for the issuance of administrative penalty orders 
 28.14  beginning August 1, 1996.  Before adopting ordinances, counties 
 28.15  shall work cooperatively with the agency to develop an 
 28.16  implementation plan for orders that substantially conforms to a 
 28.17  model ordinance developed by the counties and the agency.  After 
 28.18  adopting the ordinance, the county board may issue orders 
 28.19  requiring violations to be corrected and administratively 
 28.20  assessing monetary penalties for violations of county ordinances 
 28.21  adopted under section 400.16, 400.161, or 473.811 or chapter 
 28.22  115A that regulate solid and hazardous waste and any standards, 
 28.23  limitations, or conditions established in a county license 
 28.24  issued pursuant to these ordinances.  For violations of 
 28.25  ordinances relating to hazardous waste, a county's penalty 
 28.26  authority is described in subdivisions 2 to 5.  For violations 
 28.27  of ordinances relating to solid waste, a county's penalty 
 28.28  authority is described in subdivision 5a.  Subdivisions 6 to 11 
 28.29  apply to violations of ordinances relating to both solid and 
 28.30  hazardous waste. 
 28.31     (c) Monetary penalties collected by a county must be used 
 28.32  to manage solid and hazardous waste.  A county board's authority 
 28.33  is limited to violations described in paragraph (b).  Its 
 28.34  authority to issue orders under this section expires August 1, 
 28.35  1999.  
 28.36     Subd. 2.  [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) The 
 29.1   commissioner or county board may issue an order assessing a 
 29.2   penalty up to $10,000 for all violations identified during an 
 29.3   inspection or other compliance review. 
 29.4      (b) In determining the amount of a penalty the commissioner 
 29.5   or county board may consider: 
 29.6      (1) the willfulness of the violation; 
 29.7      (2) the gravity of the violation, including damage to 
 29.8   humans, animals, air, water, land, or other natural resources of 
 29.9   the state; 
 29.10     (3) the history of past violations; 
 29.11     (4) the number of violations; 
 29.12     (5) the economic benefit gained by the person by allowing 
 29.13  or committing the violation; and 
 29.14     (6) other factors as justice may require, if the 
 29.15  commissioner or county board specifically identifies the 
 29.16  additional factors in the commissioner's or county board's order.
 29.17     (c) For a violation after an initial violation, the 
 29.18  commissioner or county board shall, in determining the amount of 
 29.19  a penalty, consider the factors in paragraph (b) and the: 
 29.20     (1) similarity of the most recent previous violation and 
 29.21  the violation to be penalized; 
 29.22     (2) time elapsed since the last violation; 
 29.23     (3) number of previous violations; and 
 29.24     (4) response of the person to the most recent previous 
 29.25  violation identified. 
 29.26     Subd. 3.  [CONTENTS OF ORDER.] An order assessing an 
 29.27  administrative penalty under this section shall include: 
 29.28     (1) a concise statement of the facts alleged to constitute 
 29.29  a violation; 
 29.30     (2) a reference to the section of the statute, 
 29.31  rule, ordinance, variance, order, stipulation agreement, or term 
 29.32  or condition of a permit or license that has been violated; 
 29.33     (3) a statement of the amount of the administrative penalty 
 29.34  to be imposed and the factors upon which the penalty is based; 
 29.35  and 
 29.36     (4) a statement of the person's right to review of the 
 30.1   order. 
 30.2      Subd. 4.  [CORRECTIVE ORDER.] (a) The commissioner or 
 30.3   county board may issue an order assessing a penalty and 
 30.4   requiring the violations cited in the order to be corrected 
 30.5   within 30 calendar days from the date the order is received.  
 30.6      (b) The person to whom the order was issued shall provide 
 30.7   information to the commissioner or county board before the 31st 
 30.8   day after the order was received demonstrating that the 
 30.9   violation has been corrected or that appropriate steps toward 
 30.10  correcting the violation have been taken.  The commissioner or 
 30.11  county board shall determine whether the violation has been 
 30.12  corrected and notify the person subject to the order of the 
 30.13  commissioner's or county board's determination.  
 30.14     Subd. 5.  [PENALTY.] (a) Except as provided in paragraph 
 30.15  (b), if the commissioner or county board determines that the 
 30.16  violation has been corrected or appropriate steps have been 
 30.17  taken to correct the action, the penalty must be forgiven.  
 30.18  Unless the person requests review of the order under subdivision 
 30.19  6 or 7 before the penalty is due, the penalty in the order is 
 30.20  due and payable: 
 30.21     (1) on the 31st day after the order was received, if the 
 30.22  person subject to the order fails to provide information to the 
 30.23  commissioner or county board showing that the violation has been 
 30.24  corrected or that appropriate steps have been taken toward 
 30.25  correcting the violation; or 
 30.26     (2) on the 20th day after the person receives the 
 30.27  commissioner's or county board's determination under subdivision 
 30.28  4, paragraph (b), if the person subject to the order has 
 30.29  provided information to the commissioner or county board that 
 30.30  the commissioner or county board determines is not sufficient to 
 30.31  show the violation has been corrected or that appropriate steps 
 30.32  have been taken toward correcting the violation.  
 30.33     (b) For a repeated or serious violation, the 
 30.34  commissioner or county board may issue an order with a penalty 
 30.35  that will not be forgiven after the corrective action is taken.  
 30.36  The penalty is due by 31 days after the order was received 
 31.1   unless review of the order under subdivision 6, 7, or 8 has been 
 31.2   sought. 
 31.3      (c) Interest at the rate established in section 549.09 
 31.4   begins to accrue on penalties under this subdivision on the 31st 
 31.5   day after the order with the penalty was received.  
 31.6      Subd. 5a.  [COUNTY PENALTY AUTHORITY FOR SOLID WASTE 
 31.7   VIOLATIONS.] (a) A county board's authority to issue a 
 31.8   corrective order and assess a penalty for all violations 
 31.9   relating to solid waste that are identified during an inspection 
 31.10  or other compliance review is as described in this subdivision.  
 31.11  The model ordinance described in subdivision 1, paragraph (b), 
 31.12  must include provisions for letters or warnings that may be 
 31.13  issued following the inspection and before proceeding under 
 31.14  paragraph (b). 
 31.15     (b) For all violations described in paragraph (a), a county 
 31.16  attorney or county department with responsibility for 
 31.17  environmental enforcement may first issue a notice of violation 
 31.18  that complies with the requirements of subdivision 4, except 
 31.19  that no penalty may be assessed unless, in the opinion of the 
 31.20  county board, the gravity of the violation and its potential for 
 31.21  damage to, or actual damage to, public health or the environment 
 31.22  is such that a penalty under paragraph (c) or (d) is warranted.  
 31.23  In that case the county attorney or department may proceed 
 31.24  directly to paragraph (c) or (d). 
 31.25     (c) If the violations are not corrected, if appropriate 
 31.26  steps have not been taken to correct them, or if the county 
 31.27  board has determined that the gravity of the violations are such 
 31.28  that action under this paragraph is warranted, a county board 
 31.29  may issue a corrective order as described in subdivision 4, 
 31.30  except that the penalty may not exceed $2,000. 
 31.31     (d) If the violations are still not corrected, if 
 31.32  appropriate steps have not been taken to correct them, or if the 
 31.33  county board has determined that the gravity of the violations 
 31.34  are such that action under this paragraph is warranted, a county 
 31.35  board may issue a corrective order as described in subdivision 
 31.36  4, except that the penalty may not exceed $5,000. 
 32.1      (e) In determining the amount of the penalty in paragraph 
 32.2   (c) or (d), the county board shall be governed by subdivision 2, 
 32.3   paragraphs (b) and (c).  The penalty assessed under paragraph 
 32.4   (c) or (d) shall be due and payable, forgiven, or assessed 
 32.5   without forgiveness as described in subdivision 5. 
 32.6      Subd. 6.  [EXPEDITED ADMINISTRATIVE HEARING.] (a) Within 30 
 32.7   days after receiving an order or within 20 days after receiving 
 32.8   notice that the commissioner or county board has determined that 
 32.9   a violation has not been corrected or appropriate steps have not 
 32.10  been taken, the person subject to an order under this section 
 32.11  may request an expedited hearing, utilizing the procedures of 
 32.12  Minnesota Rules, parts 1400.8510 to 1400.8612, to review the 
 32.13  commissioner's or county board's action.  The hearing request 
 32.14  must specifically state the reasons for seeking review of the 
 32.15  order.  The person to whom the order is directed and the 
 32.16  commissioner or county board are the parties to the expedited 
 32.17  hearing.  The commissioner or county board must notify the 
 32.18  person to whom the order is directed of the time and place of 
 32.19  the hearing at least 20 days before the hearing.  The expedited 
 32.20  hearing must be held within 30 days after a request for hearing 
 32.21  has been filed with the commissioner or county board unless the 
 32.22  parties agree to a later date. 
 32.23     (b) All written arguments must be submitted within ten days 
 32.24  following the close of the hearing.  The hearing shall be 
 32.25  conducted under Minnesota Rules, parts 1400.8510 to 1400.8612, 
 32.26  as modified by this subdivision.  The office of administrative 
 32.27  hearings may, in consultation with the agency, adopt rules 
 32.28  specifically applicable to cases under this section. 
 32.29     (c) The administrative law judge shall issue a report 
 32.30  making recommendations about the commissioner's or county 
 32.31  board's action to the commissioner or county board within 30 
 32.32  days following the close of the record.  The administrative law 
 32.33  judge may not recommend a change in the amount of the proposed 
 32.34  penalty unless the administrative law judge determines that, 
 32.35  based on the factors in subdivision 2, the amount of the penalty 
 32.36  is unreasonable. 
 33.1      (d) If the administrative law judge makes a finding that 
 33.2   the hearing was requested solely for purposes of delay or that 
 33.3   the hearing request was frivolous, the commissioner or county 
 33.4   board may add to the amount of the penalty the costs charged to 
 33.5   the agency by the office of administrative hearings for the 
 33.6   hearing.  
 33.7      (e) If a hearing has been held, the commissioner or county 
 33.8   board may not issue a final order until at least five days after 
 33.9   receipt of the report of the administrative law judge.  The 
 33.10  person to whom an order is issued may, within those five days, 
 33.11  comment to the commissioner or county board on the 
 33.12  recommendations and the commissioner or county board will 
 33.13  consider the comments.  The final order may be appealed in the 
 33.14  manner provided in sections 14.63 to 14.69.  
 33.15     (f) If a hearing has been held and a final order issued by 
 33.16  the commissioner or county board, the penalty shall be paid by 
 33.17  30 days after the date the final order is received unless review 
 33.18  of the final order is requested under sections 14.63 to 14.69.  
 33.19  If review is not requested or the order is reviewed and upheld, 
 33.20  the amount due is the penalty, together with interest accruing 
 33.21  from 31 days after the original order was received at the rate 
 33.22  established in section 549.09. 
 33.23     Subd. 7.  [DISTRICT COURT HEARING.] (a) Within 30 days 
 33.24  after the receipt of an order from the commissioner or a county 
 33.25  board or within 20 days of receipt of notice that the 
 33.26  commissioner or a county board has determined that a violation 
 33.27  has not been corrected or appropriate steps have not been taken, 
 33.28  the person subject to an order under this section may file a 
 33.29  petition in district court for review of the order in lieu of 
 33.30  requesting an administrative hearing under subdivision 6.  The 
 33.31  petition shall be filed with the court administrator with proof 
 33.32  of service on the commissioner or county board.  The petition 
 33.33  shall be captioned in the name of the person making the petition 
 33.34  as petitioner and the ~~director~~ commissioner or county board as 
 33.35  respondent.  The petition shall state with specificity the 
 33.36  grounds upon which the petitioner seeks rescission of the order, 
 34.1   including the facts upon which each claim is based. 
 34.2      (b) At trial, the commissioner or county board must 
 34.3   establish by a preponderance of the evidence that a violation 
 34.4   subject to this section occurred, the petitioner is responsible 
 34.5   for the violation, a penalty immediately assessed as provided 
 34.6   for under subdivision 5, paragraph (b) or (c), is justified by 
 34.7   the violation, and the factors listed in subdivision 2 were 
 34.8   considered when the penalty amount was determined and the 
 34.9   penalty amount is justified by those factors. 
 34.10     Subd. 8.  [MEDIATION.] In addition to review under 
 34.11  subdivision 6 or 7, the commissioner or county board is 
 34.12  authorized to enter into mediation concerning an order issued 
 34.13  under this section if the commissioner or county board and the 
 34.14  person to whom the order is issued both agree to mediation. 
 34.15     Subd. 9.  [ENFORCEMENT.] (a) The attorney general ~~may~~ 
 34.16  ~~proceed~~ on behalf of the state, or the county attorney on behalf 
 34.17  of the county, may proceed to enforce penalties that are due and 
 34.18  payable under this section in any manner provided by law for the 
 34.19  collection of debts.  
 34.20     (b) The attorney general or county attorney may petition 
 34.21  the district court to file the administrative order as an order 
 34.22  of the court.  At any court hearing, the only issues parties may 
 34.23  contest are procedural and notice issues.  Once entered, the 
 34.24  administrative order may be enforced in the same manner as a 
 34.25  final judgment of the district court.  
 34.26     (c) If a person fails to pay the penalty, the attorney 
 34.27  general or county attorney may bring a civil action in district 
 34.28  court seeking payment of the penalties, injunctive, or other 
 34.29  appropriate relief including monetary damages, attorney fees, 
 34.30  costs, and interest.  
 34.31     Subd. 10.  [REVOCATION AND SUSPENSION OF PERMIT.] If a 
 34.32  person fails to pay a penalty owed under this section, the 
 34.33  agency or county board has grounds to revoke or refuse to 
 34.34  reissue or renew a permit or license issued by the agency or 
 34.35  county board. 
 34.36     Subd. 11.  [CUMULATIVE REMEDY.] The authority of the agency 
 35.1   or county board to issue a corrective order assessing penalties 
 35.2   is in addition to other remedies available under statutory or 
 35.3   common law, except that the state or county board may not seek 
 35.4   civil penalties under any other provision of law for the 
 35.5   violations covered by the administrative penalty order.  The 
 35.6   payment of a penalty does not preclude the use of other 
 35.7   enforcement provisions, under which penalties are not assessed, 
 35.8   in connection with the violation for which the penalty was 
 35.9   assessed. 
 35.10     Subd. 12.  [REPORT; ADMINISTRATIVE PENALTY ORDER.] (a) All 
 35.11  counties that have adopted ordinances allowing them to issue 
 35.12  administrative penalty orders shall report to the legislative 
 35.13  auditor by September 1, 1998, on administrative penalty activity 
 35.14  through August 1, 1998.  The reports must include at least the 
 35.15  following information:  the nature and number of orders and 
 35.16  penalties issued or forgiven, the nature and outcome of appeals 
 35.17  taken, how much revenue was collected from penalties and how it 
 35.18  was spent, and any other information a county board finds 
 35.19  relevant.  
 35.20     (b) The legislative audit commission is requested to direct 
 35.21  the legislative auditor to evaluate the data and report to the 
 35.22  legislative commission on waste management by January 1, 1999, 
 35.23  on at least the following matters: the degree to which penalties 
 35.24  were suitable to the gravity of the violation, compliance with 
 35.25  the implementation plan, and any other information the auditor 
 35.26  finds relevant.  In preparing the report, the auditor shall 
 35.27  solicit information from counties and the regulated community 
 35.28  and shall make recommendations as to whether the administrative 
 35.29  penalty authority should be continued, discontinued, or 
 35.30  continued with modifications and make any other recommendations 
 35.31  the auditor wishes to propose as a result of the study. 
 35.32     Sec. 35.  Minnesota Statutes 1994, section 116.96, 
 35.33  subdivision 5, is amended to read: 
 35.34     Subd. 5.  [REGULATED POLLUTANT.] "Regulated pollutant" 
 35.35  means: 
 35.36     (1) a volatile organic compound that participates in 
 36.1   atmospheric photochemical reactions; 
 36.2      (2) a pollutant for which a national ambient air quality 
 36.3   standard has been promulgated; 
 36.4      (3) a pollutant that is addressed by a standard promulgated 
 36.5   under section 7411 or 7412 of the Clean Air Act; or 
 36.6      (4) any pollutant that is regulated under ~~Minnesota Rules,~~ 
 36.7   this chapter ~~7005, or for which a state ambient air quality~~ 
 36.8   ~~standard has been adopted~~ or air quality rules adopted under 
 36.9   this chapter. 
 36.10     Sec. 36.  [116.991] [SMALL BUSINESS ENVIRONMENTAL LOAN 
 36.11  PROGRAM.] 
 36.12     Subdivision 1.  [ESTABLISHMENT.] A small business 
 36.13  environmental revolving loan program is established to be 
 36.14  administered by the commissioner for providing loans to small 
 36.15  businesses for purposes of complying with the Clean Air Act, 
 36.16  United States Code, title 42, section 7401, et seq.  
 36.17     Subd. 2.  [ELIGIBLE BORROWER.] To be eligible for a loan 
 36.18  under this section, a borrower must:  
 36.19     (1) be subject to Clean Air Act requirements; 
 36.20     (2) need to make a process change or equipment purchase to 
 36.21  comply with the Clean Air Act; and 
 36.22     (3) qualify as a small business as defined in section 
 36.23  645.445. 
 36.24     Subd. 3.  [LOAN APPLICATION PROCEDURE.] An eligible 
 36.25  borrower may apply for a loan after the commissioner determines 
 36.26  the business to be subject to Clean Air Act requirements and 
 36.27  approves the process change or equipment needed to achieve 
 36.28  compliance.  The commissioner shall consider the order in which 
 36.29  applications are received for awarding loans and priority may be 
 36.30  given to compliance with newly promulgated standards under 
 36.31  United States Code, title 42, section 7412 (section 112 of the 
 36.32  Clean Air Act).  The commissioner shall decide whether to award 
 36.33  the loan to an eligible borrower based on: 
 36.34     (1) the applicant's financial needs; 
 36.35     (2) the applicant's ability to repay the loan; and 
 36.36     (3) the expected environmental benefit. 
 37.1      Subd. 4.  [LIMITATION ON LOAN OBLIGATION.] A loan made 
 37.2   under this section is limited to the money available in the 
 37.3   small business environmental loan account.  
 37.4      Subd. 5.  [LOAN CONDITIONS.] A loan made under this section 
 37.5   must include:  
 37.6      (1) an interest rate that is the lesser of four percent or 
 37.7   50 percent of prime rate; 
 37.8      (2) a term of payment of not more than seven years; and 
 37.9      (3) an amount not less than $1,000 or more than $50,000.  
 37.10     Sec. 37.  [116.992] [SMALL BUSINESS ENVIRONMENTAL LOAN 
 37.11  ACCOUNT.] 
 37.12     The small business environmental loan account is 
 37.13  established in the environmental fund.  Loan repayments must be 
 37.14  credited to this account.  
 37.15     Sec. 38.  Minnesota Statutes 1994, section 116C.69, 
 37.16  subdivision 3, is amended to read: 
 37.17     Subd. 3.  [FUNDING; ASSESSMENT.] The board shall finance 
 37.18  its base line studies, general environmental studies, 
 37.19  development of criteria, inventory preparation, monitoring of 
 37.20  conditions placed on site certificates and construction permits, 
 37.21  and all other work, other than specific site and route 
 37.22  designation, from an assessment made quarterly, at least 30 days 
 37.23  before the start of each quarter, by the board against all 
 37.24  utilities with annual retail kilowatt-hour sales greater than 
 37.25  4,000,000 kilowatt-hours in the previous calendar year.  
 37.26     ~~Until June 30, 1992, the assessment shall also include an~~ 
 37.27  ~~amount sufficient to cover 60 percent of the costs to the~~ 
 37.28  ~~pollution control agency of achieving, maintaining, and~~ 
 37.29  ~~monitoring compliance with the acid deposition control standard~~ 
 37.30  ~~adopted under sections 116.42 to 116.45, reprinting~~ 
 37.31  ~~informational booklets on acid rain, and costs for additional~~ 
 37.32  ~~research on the impacts of acid deposition on sensitive areas~~ 
 37.33  ~~published under section 116.44, subdivision 1.  The commissioner~~ 
 37.34  ~~of the pollution control agency must prepare a work plan and~~ 
 37.35  ~~budget and submit them annually by June 30 to the pollution~~ 
 37.36  ~~control agency board.  The agency board must take public~~ 
 38.1   ~~testimony on the budget and work plan.  After the agency board~~ 
 38.2   ~~approves the work plan and budget they must be submitted~~ 
 38.3   ~~annually to the legislative water commission for review and~~ 
 38.4   ~~recommendation before an assessment is levied.~~  Each share shall 
 38.5   be determined as follows:  (1) the ratio that the annual retail 
 38.6   kilowatt-hour sales in the state of each utility bears to the 
 38.7   annual total retail kilowatt-hour sales in the state of all 
 38.8   these utilities, multiplied by 0.667, plus (2) the ratio that 
 38.9   the annual gross revenue from retail kilowatt-hour sales in the 
 38.10  state of each utility bears to the annual total gross revenues 
 38.11  from retail kilowatt-hour sales in the state of all these 
 38.12  utilities, multiplied by 0.333, as determined by the board.  The 
 38.13  assessment shall be credited to the special revenue fund and 
 38.14  shall be paid to the state treasury within 30 days after receipt 
 38.15  of the bill, which shall constitute notice of said assessment 
 38.16  and demand of payment thereof.  The total amount which may be 
 38.17  assessed to the several utilities under authority of this 
 38.18  subdivision shall not exceed the sum of the annual budget of the 
 38.19  board for carrying out the purposes of this subdivision ~~plus 60~~ 
 38.20  ~~percent of the annual budget of the pollution control agency for~~ 
 38.21  ~~achieving, maintaining, and monitoring compliance with the acid~~ 
 38.22  ~~deposition control standard adopted under sections 116.42 to~~ 
 38.23  ~~116.45, for reprinting informational booklets on acid rain, and~~ 
 38.24  ~~for costs for additional research on the impacts of acid~~ 
 38.25  ~~deposition on sensitive areas published under section 116.44,~~ 
 38.26  ~~subdivision 1~~.  The assessment for the second quarter of each 
 38.27  fiscal year shall be adjusted to compensate for the amount by 
 38.28  which actual expenditures by the board ~~and the pollution control~~ 
 38.29  ~~agency~~ for the preceding fiscal year were more or less than the 
 38.30  estimated expenditures previously assessed. 
 38.31     Sec. 39.  Minnesota Statutes 1994, section 325E.0951, 
 38.32  subdivision 5, is amended to read: 
 38.33     Subd. 5.  [RULES SUPERSEDED.] This section supersedes 
 38.34  Minnesota Rules, part ~~7005.1190~~ 7023.0120, to the extent the 
 38.35  rule is inconsistent with this section. 
 38.36     Sec. 40.  Minnesota Statutes 1994, section 400.16, is 
 39.1   amended to read: 
 39.2      400.16 [SOLID WASTE AND SEWAGE SLUDGE ~~DISPOSAL~~ MANAGEMENT 
 39.3   REGULATIONS.] 
 39.4      The county may by ordinance establish and revise rules, 
 39.5   regulations, and standards for solid waste and sewage sludge 
 39.6   management and land pollution, relating to (a) the location, 
 39.7   sanitary operation, and maintenance of solid waste facilities 
 39.8   and sewage sludge disposal facilities by the county and any 
 39.9   municipality or other public agency and by private operators; 
 39.10  (b) the collection, processing, and disposal of solid waste and 
 39.11  sewage sludge; (c) the amount and type of equipment required in 
 39.12  relation to the amount and type of material received at any 
 39.13  solid waste facility or sewage sludge disposal facility; (d) the 
 39.14  control of salvage operations, water or air or land pollution, 
 39.15  and rodents at such facilities; (e) the termination or 
 39.16  abandonment of the facilities or activities; and (f) other 
 39.17  matters relating to the facilities as may be determined 
 39.18  necessary for the public health, welfare, and safety.  The 
 39.19  county may issue permits or licenses for solid waste facilities 
 39.20  and may require that the facilities be registered with an 
 39.21  appropriate county office.  The county shall adopt the 
 39.22  ordinances for mixed municipal solid waste management.  The 
 39.23  county shall make provision for issuing permits or licenses for 
 39.24  mixed municipal solid waste facilities and shall require that 
 39.25  the facilities be registered with an appropriate county office.  
 39.26  No permit or license shall be issued for a mixed municipal solid 
 39.27  waste facility unless the applicant has demonstrated to the 
 39.28  satisfaction of the county board the availability of revenues 
 39.29  necessary to operate the facility in accordance with applicable 
 39.30  state and local laws, ordinances, and rules.  No permit shall be 
 39.31  issued for a solid waste facility used primarily for resource 
 39.32  recovery or a transfer station serving such a facility, if the 
 39.33  facility or station is owned or operated by a public agency or 
 39.34  if the acquisition or betterment of the facility or station is 
 39.35  secured by public funds or obligations issued by a public 
 39.36  agency, unless the county finds and determines that adequate 
 40.1   markets exist for the products recovered and that any 
 40.2   displacement of existing resource recovery facilities and 
 40.3   transfer stations serving such facilities that may result from 
 40.4   the establishment of the new facility is required in order to 
 40.5   achieve the waste management objectives of the county.  A county 
 40.6   may not require that a vehicle be issued a permit as a transfer 
 40.7   station if it is temporarily acting as one solely due to the 
 40.8   imposition of seasonal load restrictions under section 169.87.  
 40.9   The county ordinance shall require appropriate procedures for 
 40.10  termination or abandonment of any mixed municipal solid waste 
 40.11  facilities or services, which shall include provision for long 
 40.12  term monitoring for possible land pollution, and for the payment 
 40.13  by the owners or operators thereof, or both, of any costs 
 40.14  incurred by the county in completing the procedures.  The county 
 40.15  may require the procedures and payments with respect to any 
 40.16  facilities or services regulated pursuant to this section.  In 
 40.17  the event the operators or owners fail to complete the 
 40.18  procedures in accordance with the ordinance, the county may 
 40.19  recover the costs of completion in a civil action in any court 
 40.20  of competent jurisdiction or, in the discretion of the board, 
 40.21  the costs may be certified to the county auditor as a special 
 40.22  tax against the land to be collected as other taxes are 
 40.23  collected.  The ordinance may be enforced by injunction, action 
 40.24  to compel performance, ~~or~~ other appropriate action in the 
 40.25  district court, or administrative penalty order authorized under 
 40.26  section 116.072.  Any ordinance enacted under this section shall 
 40.27  embody minimum standards and requirements established by rule of 
 40.28  the agency. 
 40.29     Sec. 41.  Minnesota Statutes 1994, section 400.161, is 
 40.30  amended to read: 
 40.31     400.161 [HAZARDOUS WASTE REGULATIONS.] 
 40.32     (a) The county may by ordinance establish and revise rules, 
 40.33  regulations, and standards relating to (1) identification of 
 40.34  hazardous waste, (2) the labeling and classification of 
 40.35  hazardous waste, (3) the collection, transportation, processing, 
 40.36  disposal, and storage of hazardous waste, and (4) other matters 
 41.1   as may be determined necessary for the public health, welfare 
 41.2   and safety.  The county may issue permits or licenses for 
 41.3   hazardous waste generation and may require the generators be 
 41.4   registered with a county office.  The ordinance may require 
 41.5   appropriate procedures for the payment by the generator of any 
 41.6   costs incurred by the county in completing such procedures.  If 
 41.7   the generator fails to complete such procedures, the county may 
 41.8   recover the costs of completion in a civil action in any court 
 41.9   of competent jurisdiction or, in the discretion of the board, 
 41.10  the costs may be certified to the county auditor as a special 
 41.11  tax against the land as other taxes are collected.  The 
 41.12  ordinance may be enforced by injunction, action to compel 
 41.13  performance, ~~or~~ other action in district court, or 
 41.14  administrative penalty order authorized under section 116.072.  
 41.15  County hazardous waste ordinances shall embody and be consistent 
 41.16  with agency hazardous waste rules.  Counties shall submit 
 41.17  adopted ordinances to the agency for review.  In the event that 
 41.18  agency rules are modified, each county shall modify its 
 41.19  ordinances accordingly and shall submit the modification to the 
 41.20  agency for review within 120 days.  Issuing, denying, modifying, 
 41.21  imposing conditions upon, or revoking permits or licenses and 
 41.22  county hazardous waste regulations and ordinances shall be 
 41.23  subject to review, denial, suspension, modification, and 
 41.24  reversal by the pollution control agency.  The pollution control 
 41.25  agency shall after written notification have 15 days in the case 
 41.26  of hazardous waste permits and licenses and 30 days in the case 
 41.27  of hazardous waste ordinances to review, deny, suspend, modify, 
 41.28  or reverse the action of the county.  After this period, the 
 41.29  action of the county board shall be final subject to appeal to 
 41.30  the district court as provided in section 115.05.  
 41.31     (b) A county may not impose a fee under this section on 
 41.32  material that is reused at the facility where the material is 
 41.33  generated in a manner that the facility owner or operator can 
 41.34  demonstrate does not increase the toxicity of, or the level of 
 41.35  hazardous substances or pollutants or contaminants in, products 
 41.36  that leave the facility. 
 42.1      Sec. 42.  Minnesota Statutes 1994, section 473.149, 
 42.2   subdivision 1, is amended to read: 
 42.3      Subdivision 1.  [POLICY PLAN; GENERAL REQUIREMENTS.] 
 42.4   The ~~metropolitan council shall prepare and by resolution adopt~~ 
 42.5   ~~as part of its development guide a~~ director of the office of 
 42.6   environmental assistance may revise the metropolitan long range 
 42.7   policy plan for solid waste management ~~in the metropolitan~~ 
 42.8   ~~area.  When~~ adopted~~,~~ and revised by the metropolitan council 
 42.9   prior to the transfer of powers and duties in Laws 1994, chapter 
 42.10  639, article 5, section 2.  The plan shall be followed in the 
 42.11  metropolitan area.  Until the director revises it under 
 42.12  subdivision 3, the plan adopted and revised by the council on 
 42.13  September 26, 1991, remains in effect.  The plan shall address 
 42.14  the state policies and purposes expressed in section 
 42.15  115A.02.  ~~The plan shall substantially conform to all policy~~ 
 42.16  ~~statements, purposes, goals, standards, maps and plans in~~ 
 42.17  ~~development guide sections and plans adopted by the council,~~ 
 42.18  ~~provided that no land shall be thereby excluded from~~ 
 42.19  ~~consideration as a solid waste facility site except land~~ 
 42.20  ~~determined by the agency to be intrinsically unsuitable for such~~ 
 42.21  ~~use.~~  The plan shall include goals and policies for solid waste 
 42.22  management, including recycling consistent with section 
 42.23  115A.551, and household hazardous waste management consistent 
 42.24  with section 115A.96, subdivision 6, in the metropolitan 
 42.25  area ~~and, to the extent appropriate, statements and information~~ 
 42.26  ~~similar to that required under section 473.146, subdivision 1~~.  
 42.27     The plan shall include criteria and standards for solid 
 42.28  waste facilities and solid waste facility sites respecting the 
 42.29  following matters:  general location; capacity; operation; 
 42.30  processing techniques; environmental impact; effect on existing, 
 42.31  planned, or proposed collection services and waste facilities; 
 42.32  and economic viability.  The plan shall, to the extent 
 42.33  practicable and consistent with the achievement of other public 
 42.34  policies and purposes, encourage ownership and operation of 
 42.35  solid waste facilities by private industry.  For solid waste 
 42.36  facilities owned or operated by public agencies or supported 
 43.1   primarily by public funds or obligations issued by a public 
 43.2   agency, the plan shall include additional criteria and standards 
 43.3   to protect comparable private and public facilities already 
 43.4   existing in the area from displacement unless the displacement 
 43.5   is required in order to achieve the waste management objectives 
 43.6   identified in the plan.  In ~~developing~~ revising the plan, the 
 43.7   ~~council~~ director shall consider the orderly and economic 
 43.8   development, public and private, of the metropolitan area; the 
 43.9   preservation and best and most economical use of land and water 
 43.10  resources in the metropolitan area; the protection and 
 43.11  enhancement of environmental quality; the conservation and reuse 
 43.12  of resources and energy; the preservation and promotion of 
 43.13  conditions conducive to efficient, competitive, and adaptable 
 43.14  systems of waste management; and the orderly resolution of 
 43.15  questions concerning changes in systems of waste management.  
 43.16  Criteria and standards for solid waste facilities shall be 
 43.17  consistent with rules adopted by the pollution control agency 
 43.18  pursuant to chapter 116 and shall be at least as stringent as 
 43.19  the guidelines, regulations, and standards of the federal 
 43.20  Environmental Protection Agency. 
 43.21     Sec. 43.  Minnesota Statutes 1994, section 473.149, 
 43.22  subdivision 2d, is amended to read: 
 43.23     Subd. 2d.  [LAND DISPOSAL ABATEMENT PLAN.] (a) ~~After~~ 
 43.24  ~~considering any county land disposal abatement proposals and~~ 
 43.25  ~~waste stream analysis that have been submitted under section~~ 
 43.26  ~~473.803, subdivision 1b,~~ The ~~council~~ director shall ~~amend~~ 
 43.27  ~~its~~ include in the policy plan ~~to include~~ specific and 
 43.28  quantifiable metropolitan objectives for abating to the greatest 
 43.29  feasible and prudent extent the need for and practice of land 
 43.30  disposal of mixed municipal solid waste and of specific 
 43.31  components of the solid waste stream, including residuals and 
 43.32  ash, either by type of waste or class of generator. 
 43.33     (b) The objectives must be stated in ~~annual increments~~ 
 43.34  ~~through the year 1990 and thereafter in five-year~~ six-year 
 43.35  increments for a period of at least 20 years from the date of 
 43.36  adoption of policy plan revisions.  The plan must include a 
 44.1   reduced estimate of the capacity, based on the ~~council's~~ 
 44.2   abatement objectives, needed for the disposal of various types 
 44.3   of waste in each ~~five-year~~ six-year increment ~~and the general~~ 
 44.4   ~~area of the region where the capacity should be developed~~.  
 44.5      (c) The plan must include objectives for waste reduction 
 44.6   and measurable objectives for local abatement of solid waste 
 44.7   through resource recovery, recycling, and source separation 
 44.8   programs for each metropolitan county stated in ~~annual~~ 
 44.9   ~~increments through the year 1990 and in five-year~~ six-year 
 44.10  increments for a period of at least 20 years from the date of 
 44.11  adoption of policy plan revisions.  
 44.12     (d) The standards must be based upon and implement the 
 44.13  ~~council's~~ metropolitan abatement objectives.  The ~~council's~~ plan 
 44.14  must include standards and procedures to be used by the ~~council~~ 
 44.15  director in determining whether a metropolitan county has 
 44.16  implemented the ~~council's~~ metropolitan land disposal abatement 
 44.17  plan and has achieved the objectives for local abatement. 
 44.18     Sec. 44.  Minnesota Statutes 1994, section 473.149, 
 44.19  subdivision 2e, is amended to read: 
 44.20     Subd. 2e.  [SOLID WASTE DISPOSAL ~~FACILITIES DEVELOPMENT~~ 
 44.21  ~~SCHEDULE~~ CAPACITY NEEDS.] ~~(a)~~ After requesting and considering 
 44.22  recommendations from the counties, cities, and towns, 
 44.23  the ~~council~~ director as part of ~~its~~ the policy plan shall 
 44.24  determine ~~the number of sites and~~ the capacity ~~of sites~~ needed 
 44.25  ~~within~~ to serve the metropolitan area for disposal of solid 
 44.26  waste ~~disposal facilities.~~ 
 44.27     ~~(b) The council shall adopt a schedule of disposal capacity~~ 
 44.28  ~~to be developed within the metropolitan area~~, including 
 44.29  residuals and ash, in ~~five-year~~ six-year increments for a period 
 44.30  of at least 20 years from adoption of ~~development schedule~~ 
 44.31  policy plan revisions.  In making the ~~schedule may not allow~~ 
 44.32  capacity ~~in excess of~~ determination, the director must take into 
 44.33  account the ~~council's~~ reduced estimate of ~~the~~ disposal capacity 
 44.34  needed because of the ~~council's~~ land disposal abatement plan. 
 44.35     ~~(c) The council shall make the implementation of elements~~ 
 44.36  ~~of the schedule contingent on actions of each county in adopting~~ 
 45.1   ~~and implementing abatement plans pursuant to section 473.803,~~ 
 45.2   ~~subdivision 1b.  The council may review the development schedule~~ 
 45.3   ~~every year and revise the development schedule based on the~~ 
 45.4   ~~progress made in the implementation of the council's abatement~~ 
 45.5   ~~plans and achievement of metropolitan and local abatement~~ 
 45.6   ~~objectives.  The council shall review and revise, by resolution~~ 
 45.7   ~~following public hearing, the development schedule based on~~ 
 45.8   ~~significant changes in the landfill capacity of the metropolitan~~ 
 45.9   ~~area.  The schedule must include procedures and criteria for~~ 
 45.10  ~~making revisions.~~  
 45.11     ~~(d)~~ The ~~schedule~~ director's determination must include 
 45.12  standards and procedures for ~~council~~ certification of need 
 45.13  pursuant to section 473.823.  ~~The schedule must also include a~~ 
 45.14  ~~closure schedule and plans for postclosure management and~~ 
 45.15  ~~disposition of facilities, including facilities in existence~~ 
 45.16  ~~before the adoption of the development schedule.~~  
 45.17     Sec. 45.  Minnesota Statutes 1994, section 473.149, 
 45.18  subdivision 3, is amended to read: 
 45.19     Subd. 3.  [PREPARATION ~~AND~~; ADOPTION; AND REVISION.] (a) 
 45.20  The solid waste policy plan shall be prepared, adopted, 
 45.21  and ~~amended,~~ revised as necessary in accordance with the 
 45.22  rulemaking provisions of chapter 14 and after consultation with 
 45.23  the metropolitan counties and the pollution control agency.  ~~Any~~ 
 45.24  ~~comprehensive plan adopted by the council shall remain in force~~ 
 45.25  ~~and effect while new or amended plans are being prepared and~~ 
 45.26  ~~adopted by the council.  No~~ 
 45.27     (b) The metropolitan council or a metropolitan county, 
 45.28  local government unit, commission, or person shall not acquire, 
 45.29  construct, improve or operate any solid waste facility in the 
 45.30  metropolitan area except in accordance with the ~~council's~~ plan 
 45.31  and section 473.823, provided that no solid waste facility in 
 45.32  use when a plan is adopted shall be discontinued solely because 
 45.33  it is not located in an area designated in the plan as 
 45.34  acceptable for the location of such facilities. 
 45.35     Sec. 46.  Minnesota Statutes 1994, section 473.149, 
 45.36  subdivision 6, is amended to read: 
 46.1      Subd. 6.  [REPORT TO LEGISLATURE.] The ~~council~~ director 
 46.2   shall report on abatement to the legislative commission on waste 
 46.3   management by July 1 of each odd-numbered year.  The report must 
 46.4   include an assessment of whether the objectives of the 
 46.5   metropolitan abatement plan have been met and whether each 
 46.6   county and each class of city within each county have achieved 
 46.7   the objectives set for it in the ~~council's~~ plan.  The report 
 46.8   must recommend any legislation that may be required to implement 
 46.9   the plan.  The report shall ~~include the reports~~ be included in 
 46.10  the report required by ~~sections 115A.551, subdivision 4;~~ 
 46.11  ~~473.846; and 473.848, subdivision 4~~ section 115A.411.  If in any 
 46.12  year the ~~council~~ director reports that the objectives of the 
 46.13  ~~council's~~ abatement plan have not been met, the ~~council~~ director 
 46.14  shall evaluate and report on the need to reassign governmental 
 46.15  responsibilities among cities, counties, and metropolitan 
 46.16  agencies to assure implementation and achievement of the 
 46.17  metropolitan and local abatement plans and objectives. 
 46.18     The report ~~in each even-numbered year~~ must include a report 
 46.19  on the operating, capital, and debt service costs of solid waste 
 46.20  facilities in the metropolitan area; changes in the costs; the 
 46.21  methods used to pay the costs; and the resultant allocation of 
 46.22  costs among users of the facilities and the general public.  The 
 46.23  facility costs report must present the cost and financing 
 46.24  analysis in the aggregate and broken down by county and by major 
 46.25  facility. 
 46.26     Sec. 47.  Minnesota Statutes 1994, section 473.803, 
 46.27  subdivision 1c, is amended to read: 
 46.28     Subd. 1c.  [COUNTY ABATEMENT PLAN.] Each county shall 
 46.29  revise its master plan to include a land disposal abatement 
 46.30  element to implement the ~~council's~~ metropolitan land disposal 
 46.31  abatement plan adopted under section 473.149, subdivision 2d, 
 46.32  and shall submit the revised master plan to the ~~council~~ director 
 46.33  for review under subdivision 2 within nine months after the 
 46.34  adoption of the ~~council's~~ metropolitan abatement plan.  The 
 46.35  county plan must implement the local abatement objectives for 
 46.36  the county and cities within the county as stated in 
 47.1   the ~~council's~~ metropolitan abatement plan.  The county abatement 
 47.2   plan must include specific and quantifiable county objectives, 
 47.3   based on the ~~council's~~ objectives in the metropolitan abatement 
 47.4   plan, for abating to the greatest feasible and prudent extent 
 47.5   the need for and practice of land disposal of mixed municipal 
 47.6   solid waste and of specific components of the solid waste stream 
 47.7   generated in the county, stated in ~~annual increments through the~~ 
 47.8   ~~date specified in section 473.848 and in two five-year~~ six-year 
 47.9   increments ~~thereafter~~ for a period of at least 20 years from the 
 47.10  date of metropolitan policy plan revisions.  The plan must 
 47.11  include measurable performance standards for local abatement of 
 47.12  solid waste through resource recovery and waste reduction and 
 47.13  separation programs and activities for the county as a whole and 
 47.14  for statutory or home rule charter cities of the first, second, 
 47.15  and third class, respectively, in the county, stated in ~~annual~~ 
 47.16  ~~increments through the date specified in section 473.848 and in~~ 
 47.17  ~~two five-year~~ six-year increments ~~thereafter~~ for a period of at 
 47.18  least 20 years from the date of metropolitan policy plan 
 47.19  revisions.  The performance standards must implement the 
 47.20  metropolitan and county abatement objectives.  The plan must 
 47.21  include standards and procedures to be used by the county in 
 47.22  determining annually under subdivision 3 whether a city within 
 47.23  the county has implemented the plan and has satisfied the 
 47.24  performance standards for local abatement.  The master plan 
 47.25  revision required by this subdivision must be prepared in 
 47.26  consultation with the advisory committee established pursuant to 
 47.27  subdivision 4. 
 47.28     Sec. 48.  Minnesota Statutes 1994, section 473.803, 
 47.29  subdivision 2, is amended to read: 
 47.30     Subd. 2.  [~~COUNCIL~~ DIRECTOR REVIEW.] The ~~council~~ director 
 47.31  shall review each master plan or revision thereof to determine 
 47.32  whether it is consistent with the ~~council's~~ metropolitan policy 
 47.33  plan.  If it is not consistent, the ~~council~~ director shall 
 47.34  disapprove and return the plan with its comments to the county 
 47.35  for revision and resubmittal.  The county shall have 90 days to 
 47.36  revise and resubmit the plan for ~~council~~ the director's 
 48.1   approval.  Any county solid waste plan or report approved by the 
 48.2   council prior to ~~April 9, 1976~~ July 1, 1994, shall remain in 
 48.3   effect until a new master plan is submitted to and approved by 
 48.4   the ~~council~~ director in accordance with this section. 
 48.5      The ~~council~~ director shall review the household hazardous 
 48.6   waste management portion of each county's plan in cooperation 
 48.7   with the agency. 
 48.8      Sec. 49.  Minnesota Statutes 1994, section 473.803, 
 48.9   subdivision 3, is amended to read: 
 48.10     Subd. 3.  [ANNUAL REPORT.] By April 1 of each year, each 
 48.11  metropolitan county shall prepare and submit to the ~~council~~ 
 48.12  director for ~~its~~ approval a report containing information, as 
 48.13  ~~the council may prescribe~~ prescribed in ~~its~~ the metropolitan 
 48.14  policy plan, concerning solid waste generation and management 
 48.15  within the county.  The report shall include a statement of 
 48.16  progress in achieving the land disposal abatement objectives for 
 48.17  the county and classes of cities in the county as stated in 
 48.18  the ~~council's~~ metropolitan policy plan and county master plan.  
 48.19  The report must list cities that have not satisfied the county 
 48.20  performance standards for local abatement required by 
 48.21  subdivision 1c.  The report must include a schedule of rates and 
 48.22  charges in effect or proposed for the use of any solid waste 
 48.23  facility owned or operated by or on its behalf, together with a 
 48.24  statement of the basis for such charges. 
 48.25     The report shall contain the recycling development grant 
 48.26  report required by section 473.8441 and the annual certification 
 48.27  report required by section 473.848. 
 48.28     Sec. 50.  Minnesota Statutes 1994, section 473.803, 
 48.29  subdivision 4, is amended to read: 
 48.30     Subd. 4.  [ADVISORY COMMITTEE.] ~~By July 1, 1984,~~ Each 
 48.31  county shall establish a solid waste management advisory 
 48.32  committee to aid in the preparation of the county master plan, 
 48.33  any revisions thereof, and such additional matters as the county 
 48.34  deems appropriate.  The committee must consist of citizen 
 48.35  representatives, representatives from towns and cities within 
 48.36  the county, and representatives from private waste management 
 49.1   firms.  The committee must include residents of towns or cities 
 49.2   within the county containing solid waste disposal facilities.  
 49.3   Members of the ~~council's~~ solid waste advisory 
 49.4   committee established under section 473.149, subdivision 4, who 
 49.5   reside in the county are ex officio members of the county 
 49.6   advisory committee.  ~~A representative of the metropolitan~~ 
 49.7   ~~council~~ The director or the director's appointee is an ex 
 49.8   officio member of the committee. 
 49.9      Sec. 51.  Minnesota Statutes 1994, section 473.811, 
 49.10  subdivision 5, is amended to read: 
 49.11     Subd. 5.  [ORDINANCES; SOLID WASTE COLLECTION AND 
 49.12  TRANSPORTATION.] (a) Each metropolitan county may adopt 
 49.13  ordinances governing the collection of solid waste.  A county 
 49.14  may adopt, but may not be required to adopt, an ordinance that 
 49.15  requires the separation from mixed municipal waste, by 
 49.16  generators before collection, of materials that can readily be 
 49.17  separated for use or reuse as substitutes for raw materials or 
 49.18  for transformation into a usable soil amendment. 
 49.19     (b) Each local unit of government within the metropolitan 
 49.20  area shall adopt an ordinance governing the collection of solid 
 49.21  waste within its boundaries.  If the county within which it is 
 49.22  located has adopted a collection ordinance, the local unit shall 
 49.23  adopt either the county ordinance by reference or a more strict 
 49.24  ordinance.  If the county within which it is located has adopted 
 49.25  a separation ordinance, the ordinance applies in all local units 
 49.26  within the county that have failed to meet the local abatement 
 49.27  performance standards, as stated in the most recent annual 
 49.28  county report.  
 49.29     (c) Ordinances of counties and local government units may 
 49.30  establish reasonable conditions respecting but shall not prevent 
 49.31  the transportation of solid waste by a licensed collector 
 49.32  through and between counties and local units, except as required 
 49.33  for the enforcement of any designation of a facility by a county 
 49.34  under chapter 115A or for enforcement of the prohibition on 
 49.35  disposal of unprocessed mixed municipal solid waste under 
 49.36  sections 473.848 and 473.849.  
 50.1      (d) A licensed collector or a metropolitan county or local 
 50.2   government unit may request review by the council of an 
 50.3   ordinance adopted under this subdivision.  The council shall 
 50.4   approve or disapprove the ordinance within 60 days of the 
 50.5   submission of a request for review.  The ordinance shall remain 
 50.6   in effect unless it is disapproved. 
 50.7      (e) Ordinances of counties and local units of government: 
 50.8      (1) shall provide for the enforcement of any designation of 
 50.9   facilities by the counties under chapter 115A; 
 50.10     (2) may require waste collectors and transporters to 
 50.11  deliver unprocessed mixed municipal waste generated in the 
 50.12  county to processing facilities; and 
 50.13     (3) may prohibit waste collectors and transporters from 
 50.14  delivering unprocessed mixed municipal solid waste generated in 
 50.15  the county to disposal facilities for final disposal. 
 50.16     (f) A county or local unit of government may not require 
 50.17  that a vehicle be issued a permit as a transfer station if it is 
 50.18  temporarily acting as one solely due to the imposition of 
 50.19  seasonal load restrictions under section 169.87. 
 50.20     (g) Nothing in this subdivision limits the authority of the 
 50.21  local government unit to regulate and license collectors of 
 50.22  solid waste or to require review or approval by the council for 
 50.23  ordinances regulating collection. 
 50.24     Sec. 52.  Minnesota Statutes 1994, section 473.811, 
 50.25  subdivision 5c, is amended to read: 
 50.26     Subd. 5c.  [COUNTY ENFORCEMENT.] Each metropolitan county 
 50.27  shall be responsible for insuring that waste facilities, solid 
 50.28  waste collection operations licensed or regulated by the county 
 50.29  and hazardous waste generation and collection operations are 
 50.30  brought into conformance with, or terminated and abandoned in 
 50.31  accordance with, applicable county ordinances; rules and 
 50.32  requirements of the state; and the policy plan ~~of the council~~.  
 50.33  Counties may provide by ordinance that operators or owners or 
 50.34  both of such facilities or operations shall be responsible to 
 50.35  the county for satisfactorily performing the procedures 
 50.36  required.  If operators or owners or both fail to perform, the 
 51.1   county may recover the costs incurred by the county in 
 51.2   completing the procedures in a civil action in any court of 
 51.3   competent jurisdiction or, in the discretion of the board, the 
 51.4   costs may be certified to the county auditor as a special tax 
 51.5   against the land.  The ordinances may be enforced by action in 
 51.6   district court or administrative penalty order authorized under 
 51.7   section 116.072.  The county may prescribe a criminal penalty 
 51.8   for the violation of any ordinance enacted under this section 
 51.9   not exceeding the maximum which may be specified for a 
 51.10  misdemeanor. 
 51.11     Sec. 53.  Minnesota Statutes 1994, section 473.843, 
 51.12  subdivision 1, is amended to read: 
 51.13     Subdivision 1.  [AMOUNT OF FEE; APPLICATION.] The operator 
 51.14  of a mixed municipal solid waste disposal facility in the 
 51.15  metropolitan area shall pay a fee on solid waste accepted and 
 51.16  disposed at the facility as follows:  
 51.17     (a) A facility that weighs the waste that it accepts must 
 51.18  pay a fee of $6.66 per ton of waste accepted at the entrance of 
 51.19  the facility.  
 51.20     (b) A facility that does not weigh the waste but that 
 51.21  measures the volume of the waste that it accepts must pay a fee 
 51.22  of $2 per cubic yard of waste accepted at the entrance of the 
 51.23  facility.  This fee and the tipping fee must be calculated on 
 51.24  the same basis. 
 51.25     (c) Waste residue, from recycling facilities at which 
 51.26  recyclable materials are separated or processed for the purposes 
 51.27  of recycling, or from energy and resource recovery facilities at 
 51.28  which solid waste is processed for the purpose of extracting, 
 51.29  reducing, converting to energy, or otherwise separating and 
 51.30  preparing solid waste for reuse, is exempt from the fee imposed 
 51.31  by this subdivision if there is at least an 85 percent ~~volume~~ 
 51.32  weight reduction in the solid waste processed.  To qualify for 
 51.33  exemption under this clause, waste residue must be brought to a 
 51.34  disposal facility separately.  The commissioner of revenue, with 
 51.35  the advice and assistance of the ~~council~~ director and the 
 51.36  agency, shall prescribe procedures for determining the amount of 
 52.1   waste residue qualifying for exemption. 
 52.2      Sec. 54.  Minnesota Statutes 1994, section 473.843, is 
 52.3   amended by adding a subdivision to read: 
 52.4      Subd. 1a.  [EXEMPTION FOR CARPET RECYCLING 
 52.5   FACILITIES.] Notwithstanding any provision to the contrary in 
 52.6   subdivision 1, a used carpet recycling facility is exempt from 
 52.7   the fee imposed by subdivision 1 until August 1, 1996, if there 
 52.8   is at least a 50 percent weight reduction in the solid waste 
 52.9   processed.  For the purposes of this subdivision, "used carpet" 
 52.10  means carpet that is no longer suitable for its original 
 52.11  intended purpose because of wear, damage, or defect. 
 52.12     Sec. 55.  Minnesota Statutes 1994, section 473.846, is 
 52.13  amended to read: 
 52.14     473.846 [REPORT TO LEGISLATURE.] 
 52.15     The agency and ~~metropolitan council~~ the director shall 
 52.16  submit to the senate finance committee, the house ways and means 
 52.17  committee, and the legislative commission on waste management 
 52.18  separate reports describing the activities for which money from 
 52.19  the landfill abatement account and contingency action trust fund 
 52.20  has been spent.  The agency shall report by November 1 of each 
 52.21  year on expenditures during its previous fiscal year.  
 52.22  The ~~council~~ director shall report on expenditures during the 
 52.23  previous calendar year and must incorporate its report in the 
 52.24  report required by section ~~473.149~~ 115A.411, due July 1 of 
 52.25  each odd-numbered year.  The ~~council~~ director shall make 
 52.26  recommendations to the legislative commission on waste 
 52.27  management on the future management and use of the metropolitan 
 52.28  landfill abatement account. 
 52.29     Sec. 56.  [480.0515] [PAPERS TO BE SUBMITTED ON RECYCLED 
 52.30  PAPER.] 
 52.31     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
 52.32  subdivision apply to this section. 
 52.33     (b) "Attorney" means an attorney at law admitted to 
 52.34  practice law in this state.  
 52.35     (c) "Document" means a document that is required or 
 52.36  permitted to be filed with a court concerning an action that is 
 53.1   to be commenced or is pending before the court.  
 53.2      Subd. 2.  [REQUIREMENT.] (a) Except as provided in 
 53.3   subdivision 3, a document submitted by an attorney to a court of 
 53.4   this state, and all papers appended to the document, must be 
 53.5   submitted on paper containing not less than ten percent 
 53.6   postconsumer material, as defined in section 115A.03, 
 53.7   subdivision 24b.  
 53.8      (b) A court may not refuse a document solely because the 
 53.9   document was not submitted on recycled paper. 
 53.10     Subd. 3.  [EXCEPTIONS.] (a) Subdivision 1 does not apply to:
 53.11     (1) a photograph; 
 53.12     (2) an original document that was prepared or printed 
 53.13  before January 1, 1996; 
 53.14     (3) a document that was not created at the direction or 
 53.15  under the control of the submitting attorney; 
 53.16     (4) a facsimile copy otherwise permitted to be filed with 
 53.17  the court in lieu of the original document, provided that if the 
 53.18  original is also required to be filed, it must be submitted in 
 53.19  compliance with this section; or 
 53.20     (5) nonrecycled paper and preprinted forms acquired or 
 53.21  printed before January 1, 1996. 
 53.22     (b) This section does not apply if recycled paper is not 
 53.23  readily available. 
 53.24     Sec. 57.  [STUDY ON BARRIERS TO INCREASED RECYCLING OF 
 53.25  CORRUGATED PAPER PRODUCTS AND USED CARPETING.] 
 53.26     By November 1, 1995, the office of environmental assistance 
 53.27  shall conduct an analysis and make recommendations to the 
 53.28  legislative commission on waste management regarding measures to 
 53.29  remove barriers that prevent increased recycling of corrugated 
 53.30  paper products and used carpeting.  For purposes of this 
 53.31  section, "corrugated paper products" means boxes, containers, 
 53.32  liners, sheets, or other products made from corrugated paper.  
 53.33  "Used carpeting" means carpeting that is no longer suitable for 
 53.34  its original intended purpose because of wear, damage, or defect.
 53.35     Sec. 58.  Laws 1994, chapter 628, article 3, section 209, 
 53.36  is amended to read: 
 54.1      Sec. 209.  [REPEALER.] 
 54.2      (a) Minnesota Statutes 1992, sections 115A.03, subdivision 
 54.3   20; ~~115A.33;~~ 174.22, subdivision 4; 473.121, subdivisions 15 and 
 54.4   21; 473.122; 473.146, subdivisions 2, 2a, 2b, and 2c; 473.153; 
 54.5   473.161; 473.163; 473.181, subdivision 3; 473.325, subdivision 
 54.6   5; 473.384, subdivision 9; 473.388, subdivision 6; 473.404, as 
 54.7   amended by Laws 1993, chapter 119, section 1; 473.405, 
 54.8   subdivisions 2, 6, 7, 8, 11, 13, and 14; 473.417; 473.435; 
 54.9   473.436, subdivision 7; 473.445, subdivisions 1 and 3; 473.501, 
 54.10  subdivision 2; 473.503; 473.504, subdivisions 1, 2, 3, 7, and 8; 
 54.11  473.511, subdivision 5; 473.517, subdivision 8; 473.543, 
 54.12  subdivision 5; and 473.553, subdivision 4a, are repealed. 
 54.13     (b) Minnesota Statutes 1992, sections 473.121, subdivision 
 54.14  14a; 473.141, as amended by Laws 1993, chapter 314, sections 3 
 54.15  and 4; 473.373, as amended by Laws 1993, chapter 314, section 5; 
 54.16  473.375, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 10, 16, 17, and 
 54.17  18; 473.377; 473.38; Minnesota Statutes 1993 Supplement, section 
 54.18  473.3996, are repealed. 
 54.19     Sec. 59.  [REENACTMENT.] 
 54.20     Notwithstanding Minnesota Statutes, section 645.36, 
 54.21  Minnesota Statutes 1992, section 115A.33, as repealed by Laws 
 54.22  1994, chapter 628, article 3, section 209, is reenacted. 
 54.23     Sec. 60.  [APPLICATION.] 
 54.24     Sections 42 to 55 apply in the counties of Anoka, Carver, 
 54.25  Dakota, Hennepin, Ramsey, Scott, and Washington.  
 54.26     Sec. 61.  [INSTRUCTION TO REVISOR.] 
 54.27     The revisor shall recodify Minnesota Statutes, sections 
 54.28  115A.47, subdivision 2, paragraphs (b), (d), and (g), and 
 54.29  115A.931, paragraph (b), as definitions in Minnesota Statutes, 
 54.30  section 115A.03, and recast the language as necessary to conform 
 54.31  to the other definitions in that section.  
 54.32     Sec. 62.  [APPROPRIATION.] 
 54.33     Up to $200,000 in fiscal year 1996 and $200,000 in fiscal 
 54.34  year 1997 shall be transferred from the pollution control 
 54.35  agency's air quality appropriation to the small business 
 54.36  revolving loan account. 
 55.1      Sec. 63.  [REPEALER.] 
 55.2      (a) Minnesota Statutes 1994, sections 116.94; 473.149, 
 55.3   subdivisions 2, 2a, 2c, and 2f; and 473.803, subdivision 1b, are 
 55.4   repealed. 
 55.5      (b) Minnesota Statutes 1994, section 473.803, subdivision 
 55.6   1e, is repealed.  
 55.7      (c) Minnesota Statutes 1994, section 115A.165, is repealed. 
 55.8      Sec. 64.  [EFFECTIVE DATE.] 
 55.9      Sections 1, 4, 32, 42 to 45, 47, 48, 50, 61, and 63, 
 55.10  paragraph (a), are effective on the day following final 
 55.11  enactment. 
 55.12     Sections 7 and 8 are effective on June 15, 1995.  
 55.13     Section 56 is effective January 1, 1996.  
 55.14                             ARTICLE 2
 55.15                             TECHNICAL
 55.16     Section 1.  Minnesota Statutes 1994, section 115A.055, is 
 55.17  amended to read: 
 55.18     115A.055 [OFFICE OF ENVIRONMENTAL ASSISTANCE.] 
 55.19     Subdivision 1.  [ORGANIZATION OF OFFICE.] The office of 
 55.20  environmental assistance is an agency in the executive branch 
 55.21  headed by a director appointed by the commissioner of the 
 55.22  pollution control agency, with the advice and consent of the 
 55.23  senate, to serve in the unclassified service.  The director may 
 55.24  appoint two assistant directors in the unclassified service and 
 55.25  may appoint other employees, as needed, in the classified 
 55.26  service.  The office is a department of the state only for 
 55.27  purposes of section 16B.37, subdivision 2. 
 55.28     Subd. 2.  [TRANSFER OF ADDITIONAL POWERS AND DUTIES.] After 
 55.29  July 1, 1994, the solid and hazardous waste management powers 
 55.30  and duties of the office and director transferred to them from 
 55.31  the metropolitan council by Laws 1994, chapter 639, article 5, 
 55.32  section 2, are governed by sections 473.149, 473.151, and 
 55.33  473.801 to 473.849. 
 55.34     Sec. 2.  Minnesota Statutes 1994, section 115A.07, 
 55.35  subdivision 3, is amended to read: 
 55.36     Subd. 3.  [UNIFORM WASTE STATISTICS; RULES.] The director, 
 56.1   after consulting with the commissioner, ~~the metropolitan~~ 
 56.2   ~~council,~~ local government units, and other interested persons, 
 56.3   may adopt rules to establish uniform methods for collecting and 
 56.4   reporting waste reduction, generation, collection, 
 56.5   transportation, storage, recycling, processing, and disposal 
 56.6   statistics necessary for proper waste management and for 
 56.7   reporting required by law.  Prior to publishing proposed rules, 
 56.8   the director shall submit draft rules to the legislative 
 56.9   commission on waste management for review and comment.  Rules 
 56.10  adopted under this subdivision apply to all persons and units of 
 56.11  government in the state for the purpose of collecting and 
 56.12  reporting waste-related statistics requested under or required 
 56.13  by law. 
 56.14     Sec. 3.  Minnesota Statutes 1994, section 115A.072, 
 56.15  subdivision 1, is amended to read: 
 56.16     Subdivision 1.  [WASTE EDUCATION COALITION.] (a) The 
 56.17  director shall provide for the development and implementation of 
 56.18  a program of general public education on waste management in 
 56.19  cooperation and coordination with the pollution control agency, 
 56.20  ~~metropolitan council,~~ department of education, department of 
 56.21  agriculture, environmental quality board, environmental 
 56.22  education board, educational institutions, other public agencies 
 56.23  with responsibility for waste management or public education, 
 56.24  and three other persons who represent private industry and who 
 56.25  have knowledge of or expertise in recycling and solid waste 
 56.26  management issues.  The objectives of the program are to:  
 56.27  develop increased public awareness of and interest in 
 56.28  environmentally sound waste management methods; encourage better 
 56.29  informed decisions on waste management issues by business, 
 56.30  industry, local governments, and the public; and disseminate 
 56.31  practical information about ways in which households and other 
 56.32  institutions and organizations can improve the management of 
 56.33  waste. 
 56.34     (b) The director shall appoint an advisory task force, to 
 56.35  be called the waste education coalition, of up to 18 members to 
 56.36  advise the director in carrying out the director's 
 57.1   responsibilities under this section and whose membership 
 57.2   represents the agencies and entities listed in this 
 57.3   subdivision.  The task force expires on June 30, 1997. 
 57.4      Sec. 4.  Minnesota Statutes 1994, section 115A.12, is 
 57.5   amended to read: 
 57.6      115A.12 [ADVISORY COUNCILS.] 
 57.7      (a) The director shall establish a solid waste management 
 57.8   advisory council, a hazardous waste management planning council, 
 57.9   and a market development coordinating council, that are broadly 
 57.10  representative of the geographic areas and interests of the 
 57.11  state.  
 57.12     (b) The solid waste council shall have not less than nine 
 57.13  nor more than 21 members.  The membership of the solid waste 
 57.14  council shall consist of one-third citizen representatives, 
 57.15  one-third representatives from local government units, and 
 57.16  one-third representatives from private solid waste management 
 57.17  firms.  The solid waste council shall contain at least three 
 57.18  members experienced in the private recycling industry and at 
 57.19  least one member experienced in each of the following areas:  
 57.20  state and municipal finance; solid waste collection, processing, 
 57.21  and disposal; and solid waste reduction and resource recovery. 
 57.22     (c) The hazardous waste council shall have not less than 
 57.23  nine nor more than 18 members.  The membership of the hazardous 
 57.24  waste advisory council shall consist of one-third citizen 
 57.25  representatives, one-third representatives from local government 
 57.26  units, and one-third representatives of hazardous waste 
 57.27  generators and private hazardous waste management firms.  
 57.28     (d) The market development coordinating council shall have 
 57.29  not less than nine nor more than 18 members and shall consist of 
 57.30  one representative from the department of trade and economic 
 57.31  development, the department of administration, the pollution 
 57.32  control agency, Minnesota Technology, Inc., ~~the metropolitan~~ 
 57.33  ~~council,~~ and the legislative commission on waste management.  
 57.34  The other members shall represent local government units, 
 57.35  private recycling markets, and private recycling collectors.  
 57.36  The market development coordinating council expires June 30, 
 58.1   1997. 
 58.2      (e) The chairs of the advisory councils shall be appointed 
 58.3   by the director.  The director shall provide administrative and 
 58.4   staff services for the advisory councils.  The advisory councils 
 58.5   shall have such duties as are assigned by law or the director.  
 58.6   The solid waste advisory council shall make recommendations to 
 58.7   the office on its solid waste management activities.  The 
 58.8   hazardous waste advisory council shall make recommendations to 
 58.9   the office on its activities under sections 115A.08, 115A.09, 
 58.10  115A.10, 115A.11, 115A.20, 115A.21, and 115A.24.  Members of the 
 58.11  advisory councils shall serve without compensation but shall be 
 58.12  reimbursed for their reasonable expenses as determined by the 
 58.13  director.  The solid waste management advisory council and the 
 58.14  hazardous waste management planning council expire June 30, 1997.
 58.15     Sec. 5.  Minnesota Statutes 1994, section 115A.14, 
 58.16  subdivision 4, is amended to read: 
 58.17     Subd. 4.  [POWERS AND DUTIES.] (a) The commission shall 
 58.18  oversee the activities of the office~~,~~ and agency~~, and~~ 
 58.19  ~~metropolitan council~~ relating to solid and hazardous waste 
 58.20  management, and direct such changes or additions in the work 
 58.21  plan of the office~~,~~ and agency~~, and council~~ relating to solid 
 58.22  and hazardous waste management as the commission deems fit. 
 58.23     (b) The commission shall make recommendations to the 
 58.24  standing legislative committees on finance and appropriations 
 58.25  for appropriations from the environmental response, 
 58.26  compensation, and compliance account in the environmental fund 
 58.27  under section 115B.20, subdivision 5. 
 58.28     (c) The commission may conduct public hearings and 
 58.29  otherwise secure data and expressions of opinion.  The 
 58.30  commission shall make such recommendations as it deems proper to 
 58.31  assist the legislature in formulating legislation.  Any data or 
 58.32  information compiled by the commission shall be made available 
 58.33  to any standing or interim committee of the legislature upon 
 58.34  request of the chair of the respective committee.  
 58.35     Sec. 6.  Minnesota Statutes 1994, section 115A.15, 
 58.36  subdivision 9, is amended to read: 
 59.1      Subd. 9.  [RECYCLING GOAL.] By December 31, 1993, the 
 59.2   commissioner shall recycle at least 40 percent by weight of the 
 59.3   solid waste generated by state offices and other state 
 59.4   operations located in the metropolitan area.  By March 1 of each 
 59.5   year the commissioner shall report to the office ~~and the~~ 
 59.6   ~~metropolitan council~~ the estimated recycling rates by county for 
 59.7   state offices and other state operations in the metropolitan 
 59.8   area for the previous calendar year.  The office shall 
 59.9   incorporate these figures into the reports submitted by the 
 59.10  counties under section 115A.557, subdivision 3, to determine 
 59.11  each county's progress toward the goal in section 115A.551, 
 59.12  subdivision 2. 
 59.13     Each state agency in the metropolitan area shall work to 
 59.14  meet the recycling goal individually.  If the goal is not met by 
 59.15  an agency, the commissioner shall notify that agency that the 
 59.16  goal has not been met and the reasons the goal has not been met 
 59.17  and shall provide information to the employees in the agency 
 59.18  regarding recycling opportunities and expectations. 
 59.19     Sec. 7.  Minnesota Statutes 1994, section 115A.191, 
 59.20  subdivision 1, is amended to read: 
 59.21     Subdivision 1.  [OFFICE TO SEEK CONTRACTS.] The office ~~of~~ 
 59.22  ~~waste management~~ and any eligible county board may enter a 
 59.23  contract as provided in this section expressing their voluntary 
 59.24  and mutually satisfactory agreement concerning the location and 
 59.25  development of a stabilization and containment facility.  The 
 59.26  director shall negotiate contracts with eligible counties and 
 59.27  shall present drafts of the negotiated contracts to the office 
 59.28  for its approval.  The director shall actively solicit, 
 59.29  encourage, and assist counties, together with developers, 
 59.30  landowners, the local business community, and other interested 
 59.31  parties, in developing resolutions of interest.  The county 
 59.32  shall provide affected political subdivisions and other 
 59.33  interested persons with an opportunity to suggest contract terms.
 59.34     Sec. 8.  Minnesota Statutes 1994, section 115A.191, 
 59.35  subdivision 2, is amended to read: 
 59.36     Subd. 2.  [RESOLUTION OF INTEREST IN NEGOTIATING; 
 60.1   ELIGIBILITY.] A county is eligible to negotiate a contract under 
 60.2   this section if the county board files with the office ~~of waste~~ 
 60.3   ~~management~~ and the office accepts a resolution adopted by the 
 60.4   county board that expresses the county board's interest in 
 60.5   negotiations and its willingness to accept the preliminary 
 60.6   evaluation of one or more study areas in the county for 
 60.7   consideration as a location of a stabilization and containment 
 60.8   facility.  The county board resolution expressing interest in 
 60.9   negotiations must provide for county cooperation with the 
 60.10  office, as necessary to facilitate the evaluation of study areas 
 60.11  in the county, and for the appointment of a member of the county 
 60.12  board or an officer or employee of the county as official 
 60.13  liaison with the office with respect to the matters provided in 
 60.14  the resolution and future negotiations with the office.  A 
 60.15  county board by resolution may withdraw a resolution of 
 60.16  interest, and the office ~~of waste management~~ may withdraw its 
 60.17  acceptance of such a resolution, at any time before the parties 
 60.18  execute a contract under this section.  A county that is 
 60.19  eligible to negotiate a contract shall receive the benefits as 
 60.20  provided in section 477A.012. 
 60.21     Sec. 9.  Minnesota Statutes 1994, section 115A.32, is 
 60.22  amended to read: 
 60.23     115A.32 [RULES.] 
 60.24     The board shall promulgate rules pursuant to chapter 14 to 
 60.25  govern its activities under sections 115A.32 to 115A.39.  For 
 60.26  the purposes of sections 115A.32 to 115A.39, "board" means the 
 60.27  environmental quality board established in section 116C.03.  In 
 60.28  all of its activities and deliberations under sections 115A.32 
 60.29  to 115A.39, the board shall consult with the director of the 
 60.30  office ~~of waste management~~. 
 60.31     Sec. 10.  Minnesota Statutes 1994, section 115A.42, is 
 60.32  amended to read: 
 60.33     115A.42 [ESTABLISHMENT AND ADMINISTRATION.] 
 60.34     There is established a program to encourage and improve 
 60.35  regional and local solid waste management planning activities 
 60.36  and efforts and to further the state policies and purposes 
 61.1   expressed in section 115A.02.  The program under sections 
 61.2   115A.42 to 115A.46 is administered by the ~~office~~ director 
 61.3   pursuant to rules promulgated under chapter 14, except in the 
 61.4   metropolitan area where the program is administered by 
 61.5   the ~~metropolitan council pursuant to chapter 473~~ director 
 61.6   pursuant to section 473.149.  The ~~office and the metropolitan~~ 
 61.7   ~~council~~ director shall ensure conformance with federal 
 61.8   requirements and programs established pursuant to the Resource 
 61.9   Conservation and Recovery Act of 1976 and amendments thereto. 
 61.10     Sec. 11.  Minnesota Statutes 1994, section 115A.45, is 
 61.11  amended to read: 
 61.12     115A.45 [TECHNICAL ASSISTANCE.] 
 61.13     The director ~~and metropolitan council~~ shall provide for 
 61.14  technical assistance to encourage and improve solid waste 
 61.15  management and to assist political subdivisions in preparing the 
 61.16  plans described in section 115A.46.  The director ~~and~~ 
 61.17  ~~metropolitan council~~ shall provide model plans for regional and 
 61.18  local solid waste management.  The director ~~and metropolitan~~ 
 61.19  ~~council~~ may contract for the delivery of technical assistance by 
 61.20  a regional development commission, any state or federal agency, 
 61.21  private consultants, or other persons.  The director shall 
 61.22  prepare and publish an inventory of sources of technical 
 61.23  assistance for solid waste planning, including studies, 
 61.24  publications, agencies, and persons available. 
 61.25     Sec. 12.  Minnesota Statutes 1994, section 115A.46, 
 61.26  subdivision 1, is amended to read: 
 61.27     Subdivision 1.  [GENERAL.] (a) Plans shall address the 
 61.28  state policies and purposes expressed in section 115A.02 and may 
 61.29  not be inconsistent with state law.  
 61.30     (b) Plans for the location, establishment, operation, 
 61.31  maintenance, and postclosure use of facilities and facility 
 61.32  sites, for ordinances, and for licensing, permit, and 
 61.33  enforcement activities shall be consistent with the rules 
 61.34  adopted by the agency pursuant to chapter 116. 
 61.35     (c) Plans shall address:  
 61.36     (1) the resolution of conflicting, duplicative, or 
 62.1   overlapping local management efforts; 
 62.2      (2) the establishment of joint powers management programs 
 62.3   or waste management districts where appropriate; and 
 62.4      (3) other matters as the rules of the office may require 
 62.5   consistent with the purposes of sections 115A.42 to 115A.46.  
 62.6      (d) Political subdivisions preparing plans under sections 
 62.7   115A.42 to 115A.46 shall consult with persons presently 
 62.8   providing solid waste collection, processing, and disposal 
 62.9   services.  
 62.10     (e) Plans must be submitted to the director~~, or the~~ 
 62.11  ~~metropolitan council pursuant to section 473.803,~~ for approval.  
 62.12  When a county board is ready to have a final plan approved, the 
 62.13  county board shall submit a resolution requesting review and 
 62.14  approval by the director ~~or the metropolitan council~~.  After 
 62.15  receiving the resolution, the director ~~or the metropolitan~~ 
 62.16  ~~council~~ shall notify the county within 45 days whether the plan 
 62.17  as submitted is complete and, if not complete, the specific 
 62.18  items that need to be submitted to make the plan complete.  
 62.19  Within 90 days after a complete plan has been submitted, the 
 62.20  director ~~or the metropolitan council~~ shall approve or disapprove 
 62.21  the plan.  If the plan is disapproved, reasons for the 
 62.22  disapproval must be provided.  
 62.23     (f) After initial approval, each plan must be updated and 
 62.24  submitted for approval every five years.  The plan must be 
 62.25  revised as necessary so that it is not inconsistent with state 
 62.26  law. 
 62.27     Sec. 13.  Minnesota Statutes 1994, section 115A.5501, 
 62.28  subdivision 2, is amended to read: 
 62.29     Subd. 2.  [MEASUREMENT; PROCEDURES.] To measure the overall 
 62.30  percentage of packaging in the statewide solid waste stream, the 
 62.31  director ~~and the chair of the metropolitan council~~, in 
 62.32  consultation with the commissioner, shall ~~each~~ conduct ~~an~~ annual 
 62.33  solid waste composition ~~study~~ studies in the nonmetropolitan and 
 62.34  metropolitan areas ~~respectively~~ or shall develop an alternative 
 62.35  method that is as statistically reliable as a waste composition 
 62.36  study to measure the percentage of packaging in the waste stream.
 63.1      ~~The chair of the council shall submit the results from the~~ 
 63.2   ~~metropolitan area to the director by May 1 of each year.~~  The 
 63.3   director shall average the nonmetropolitan and metropolitan 
 63.4   results and submit the statewide percentage, along with a 
 63.5   statistically reliable margin of error, to the legislative 
 63.6   commission on waste management by July 1 of each year.  The 1994 
 63.7   report must include a discussion of the reliability of data 
 63.8   gathered under this subdivision and the methodology used to 
 63.9   determine a statistically reliable margin of error. 
 63.10     Sec. 14.  Minnesota Statutes 1994, section 115A.5501, 
 63.11  subdivision 3, is amended to read: 
 63.12     Subd. 3.  [FACILITY COOPERATION AND REPORTS.] The owner or 
 63.13  operator of a facility shall allow access upon reasonable notice 
 63.14  to authorized office~~,~~ or agency~~, or metropolitan council~~ staff 
 63.15  for the purpose of conducting waste composition studies or 
 63.16  otherwise assessing the amount of total packaging in the waste 
 63.17  delivered to the facility under this section. 
 63.18     Beginning in 1993, by February 1 of each year the owner or 
 63.19  operator of a facility governed by this subdivision shall submit 
 63.20  a report to the commissioner, on a form prescribed by the 
 63.21  commissioner, specifying the total amount of solid waste 
 63.22  received by the facility between January 1 and December 31 of 
 63.23  the previous year.  The commissioner shall calculate the total 
 63.24  amount of solid waste delivered to solid waste facilities from 
 63.25  the reports received from the facility owners or operators and 
 63.26  shall report the aggregate amount to the director by April 1 of 
 63.27  each year.  The commissioner shall assess a nonforgivable 
 63.28  administrative penalty under section 116.072 of $500 plus any 
 63.29  forgivable amount necessary to enforce this subdivision on any 
 63.30  owner or operator who fails to submit a report required by this 
 63.31  subdivision. 
 63.32     Sec. 15.  Minnesota Statutes 1994, section 115A.551, 
 63.33  subdivision 5, is amended to read: 
 63.34     Subd. 5.  [FAILURE TO MEET GOAL.] (a) A county failing to 
 63.35  meet the interim goals in subdivision 3 shall, as a minimum: 
 63.36     (1) notify county residents of the failure to achieve the 
 64.1   goal and why the goal was not achieved; and 
 64.2      (2) provide county residents with information on recycling 
 64.3   programs offered by the county. 
 64.4      (b) If, based on the recycling monitoring described in 
 64.5   subdivision 4, the director ~~or the metropolitan council~~ finds 
 64.6   that a county will be unable to meet the recycling goals 
 64.7   established in subdivisions 2 and 2a, the director ~~or council~~ 
 64.8   shall, after consideration of the reasons for the county's 
 64.9   inability to meet the goals, recommend legislation for 
 64.10  consideration by the legislative commission on waste management 
 64.11  to establish mandatory recycling standards and to authorize the 
 64.12  director ~~or council~~ to mandate appropriate solid waste 
 64.13  management techniques designed to meet the standards in those 
 64.14  counties that are unable to meet the goals. 
 64.15     Sec. 16.  Minnesota Statutes 1994, section 115A.558, is 
 64.16  amended to read: 
 64.17     115A.558 [SAFETY GUIDE.] 
 64.18     The pollution control agency, in cooperation with the 
 64.19  office ~~of waste management and the metropolitan council~~, shall 
 64.20  prepare and distribute to all interested persons a guide for 
 64.21  operation of a recycling or yard waste composting facility to 
 64.22  protect the environment and public health. 
 64.23     Sec. 17.  Minnesota Statutes 1994, section 115A.63, 
 64.24  subdivision 3, is amended to read: 
 64.25     Subd. 3.  [RESTRICTIONS.] No waste district shall be 
 64.26  established within the boundaries of the Western Lake Superior 
 64.27  Sanitary District established under chapter 458D.  No waste 
 64.28  district shall be established wholly within one county.  The 
 64.29  director shall not establish a waste district within or 
 64.30  extending into the metropolitan area, nor define or alter the 
 64.31  powers or boundaries of a district, ~~without the approval of the~~ 
 64.32  ~~metropolitan council.  The council shall not approve a district~~ 
 64.33  unless the articles of incorporation of the district require 
 64.34  that the district will have the same procedural and substantive 
 64.35  responsibilities, duties, and relationship to the metropolitan 
 64.36  agencies as a metropolitan county.  The director shall require 
 65.1   the completion of a comprehensive solid waste management plan 
 65.2   conforming to the requirements of section 115A.46, by 
 65.3   petitioners seeking to establish a district.  
 65.4      Sec. 18.  Minnesota Statutes 1994, section 115A.84, 
 65.5   subdivision 3, is amended to read: 
 65.6      Subd. 3.  [PLAN APPROVAL.] (a) A district or county 
 65.7   planning a designation ~~for waste generated wholly within the~~ 
 65.8   ~~metropolitan area defined in section 473.121 shall submit its~~ 
 65.9   ~~designation plan to the metropolitan council for review and~~ 
 65.10  ~~approval or disapproval.  Other districts or counties~~ shall 
 65.11  submit the designation plan to the director for review and 
 65.12  approval or disapproval.  
 65.13     (b) The ~~reviewing authority~~ director shall complete ~~its~~ the 
 65.14  review and make ~~its~~ a decision within 120 days following 
 65.15  submission of the plan for review.  The ~~reviewing authority~~ 
 65.16  director shall approve the designation plan if the plan 
 65.17  satisfies the requirements of subdivision 2 and, in the case of 
 65.18  designation to disposal facilities, if the ~~reviewing authority~~ 
 65.19  director finds that the plan has demonstrated that the 
 65.20  designation is necessary and is consistent with section 
 65.21  115A.02.  The ~~reviewing authority~~ director may attach conditions 
 65.22  to ~~its~~ the approval that relate to matters required in a 
 65.23  designation ordinance under section 115A.86, subdivision 1, 
 65.24  paragraph (a), clauses (1) to (4), and paragraph (b).  
 65.25  Amendments to plans must be submitted for review in accordance 
 65.26  with this subdivision.  
 65.27     Sec. 19.  Minnesota Statutes 1994, section 115A.86, 
 65.28  subdivision 2, is amended to read: 
 65.29     Subd. 2.  [APPROVAL.] A district or county ~~whose~~ 
 65.30  ~~designation applies wholly within the metropolitan area defined~~ 
 65.31  ~~in section 473.121 shall submit the designation ordinance,~~ 
 65.32  ~~together with any negotiated contracts assuring the delivery of~~ 
 65.33  ~~solid waste, to the metropolitan council for review and approval~~ 
 65.34  ~~or disapproval.  Other districts or counties~~ shall submit the 
 65.35  designation ordinance, together with any negotiated contracts 
 65.36  assuring the delivery of solid waste, to the director for review 
 66.1   and approval or disapproval.  The director shall complete the 
 66.2   review and make a decision within 90 days following submission 
 66.3   of the designation for review.  The director shall approve the 
 66.4   designation if the director determines that the designation 
 66.5   procedure specified in section 115A.85 was followed and that the 
 66.6   designation is based on a plan approved under section 115A.84.  
 66.7   The director may attach conditions to the approval.  
 66.8      Sec. 20.  Minnesota Statutes 1994, section 115A.951, 
 66.9   subdivision 4, is amended to read: 
 66.10     Subd. 4.  [COLLECTION OF USED DIRECTORIES.] Each publisher 
 66.11  or distributor of telephone directories shall: 
 66.12     (1) provide for the collection and delivery to a recycler 
 66.13  of waste telephone directories; 
 66.14     (2) inform recipients of directories of the collection 
 66.15  system; and 
 66.16     (3) submit a report to the office ~~of waste management~~ by 
 66.17  August 1 of each year that specifies the percentage of 
 66.18  distributed directories collected as waste directories by 
 66.19  distribution area and the locations where the waste directories 
 66.20  were delivered for recycling and that verifies that the 
 66.21  directories have been recycled. 
 66.22     Sec. 21.  Minnesota Statutes 1994, section 115A.97, 
 66.23  subdivision 5, is amended to read: 
 66.24     Subd. 5.  [PLANS; REPORT.] A county solid waste plan, or 
 66.25  revision of a plan, that includes incineration of mixed 
 66.26  municipal solid waste must clearly state how the county plans to 
 66.27  meet the goals in subdivision 1 of reducing the toxicity and 
 66.28  quantity of incinerator ash and of reducing the quantity of 
 66.29  processing residuals that require disposal.  The director, in 
 66.30  cooperation with the agency~~,~~ and the counties, ~~and the~~ 
 66.31  ~~metropolitan council,~~ may develop guidelines for counties to use 
 66.32  to identify ways to meet the goals in subdivision 1. 
 66.33     ~~The director, in cooperation with the agency, the counties,~~ 
 66.34  ~~and the metropolitan council, shall develop and propose~~ 
 66.35  ~~statewide goals and timetables for the reduction of the~~ 
 66.36  ~~noncombustible fraction of mixed municipal solid waste prior to~~ 
 67.1   ~~incineration or processing into refuse-derived fuel and for the~~ 
 67.2   ~~reduction of the toxicity of the incinerator ash.  By January 1,~~ 
 67.3   ~~1990, the director shall report to the legislative commission on~~ 
 67.4   ~~waste management on the proposal goals and timetables with~~ 
 67.5   ~~recommendations for their implementation.~~ 
 67.6      Sec. 22.  Minnesota Statutes 1994, section 115A.97, 
 67.7   subdivision 6, is amended to read: 
 67.8      Subd. 6.  [PERMITS; AGENCY REPORT.] An application for a 
 67.9   permit to build or operate a mixed municipal solid waste 
 67.10  incinerator, including an application for permit renewal, must 
 67.11  clearly state how the applicant will achieve the goals in 
 67.12  subdivision 1 of reducing the toxicity and quantity of 
 67.13  incinerator ash and of reducing the quantity of processing 
 67.14  residuals that require disposal.  The agency, in cooperation 
 67.15  with the director~~,~~ and the counties, ~~and the metropolitan~~ 
 67.16  ~~council,~~ may develop guidelines for applicants to use to 
 67.17  identify ways to meet the goals in subdivision 1. 
 67.18     If, by January 1, 1990, the rules required by subdivision 3 
 67.19  are not in at least final draft form, the agency shall report to 
 67.20  the legislative commission on waste management on the status of 
 67.21  current incinerator ash management programs with recommendations 
 67.22  for specific legislation to meet the goals of subdivision 1. 
 67.23     Sec. 23.  Minnesota Statutes 1994, section 115A.981, 
 67.24  subdivision 3, is amended to read: 
 67.25     Subd. 3.  [REPORT.] (a) The commissioner shall report to 
 67.26  the legislative commission on waste management by July 1 of each 
 67.27  odd-numbered year on the economic status and outlook of the 
 67.28  state's solid waste management sector including an estimate of 
 67.29  the extent to which prices for solid waste management paid by 
 67.30  consumers reflect costs related to environmental and public 
 67.31  health protection, including a discussion of how prices are 
 67.32  publicly and privately subsidized and how identified costs of 
 67.33  waste management are not reflected in the prices.  
 67.34     (b) In preparing the report, the commissioner shall: 
 67.35     (1) consult with the director; ~~the metropolitan council;~~ 
 67.36  local government units; solid waste collectors, transporters, 
 68.1   and processors; owners and operators of solid waste facilities; 
 68.2   and other interested persons; 
 68.3      (2) consider and analyze information received under 
 68.4   subdivision 2 and information available under section 115A.929; 
 68.5   and 
 68.6      (3) analyze information gathered and comments received 
 68.7   relating to the most recent solid waste management policy report 
 68.8   prepared under section 115A.411. 
 68.9      The commissioner shall also recommend any legislation 
 68.10  necessary to ensure adequate and reliable information needed for 
 68.11  preparation of the report. 
 68.12     (c) The report must also include: 
 68.13     (1) statewide and facility by facility estimates of the 
 68.14  total potential costs and liabilities associated with solid 
 68.15  waste disposal facilities for closure and postclosure care, 
 68.16  response costs under chapter 115B, and any other potential 
 68.17  costs, liabilities, or financial responsibilities; 
 68.18     (2) statewide and facility by facility requirements for 
 68.19  proof of financial responsibility under section 116.07, 
 68.20  subdivision 4h, and how each facility is meeting those 
 68.21  requirements. 
 68.22     Sec. 24.  Minnesota Statutes 1994, section 116.07, 
 68.23  subdivision 4j, is amended to read: 
 68.24     Subd. 4j.  [PERMITS; SOLID WASTE FACILITIES.] (a) The 
 68.25  agency may not issue a permit for new or additional capacity for 
 68.26  a mixed municipal solid waste resource recovery or disposal 
 68.27  facility as defined in section 115A.03 unless each county using 
 68.28  or projected in the permit to use the facility has in place a 
 68.29  solid waste management plan approved under section 115A.46 or 
 68.30  473.803 and amended as required by section 115A.96, subdivision 
 68.31  6.  The agency shall issue the permit only if the capacity of 
 68.32  the facility is consistent with the needs for resource recovery 
 68.33  or disposal capacity identified in the approved plan or plans.  
 68.34  Consistency must be determined by the ~~metropolitan council~~ 
 68.35  office of environmental assistance for counties in the 
 68.36  metropolitan area and by the agency for counties outside the 
 69.1   metropolitan area.  Plans approved before January 1, 1990, need 
 69.2   not be revised if the capacity sought in the permit is 
 69.3   consistent with the approved plan or plans. 
 69.4      (b) The agency shall require as part of the permit 
 69.5   application for a waste incineration facility identification of 
 69.6   preliminary plans for ash management and ash leachate treatment 
 69.7   or ash utilization.  The permit issued by the agency must 
 69.8   include requirements for ash management and ash leachate 
 69.9   treatment. 
 69.10     (c) Within 30 days of receipt by the agency of a permit 
 69.11  application for a solid waste facility, the commissioner shall 
 69.12  notify the applicant in writing whether the application is 
 69.13  complete and if not, what items are needed to make it complete, 
 69.14  and shall give an estimate of the time it will take to process 
 69.15  the application.  Within 180 days of receipt of a completed 
 69.16  application, the agency shall approve, disapprove, or delay 
 69.17  decision on the application, with reasons for the delay, in 
 69.18  writing. 
 69.19     Sec. 25.  Minnesota Statutes 1994, section 473.149, 
 69.20  subdivision 4, is amended to read: 
 69.21     Subd. 4.  [ADVISORY COMMITTEE.] The ~~council~~ director shall 
 69.22  establish an advisory committee to aid in the preparation of the 
 69.23  policy plan, the performance of the ~~council's~~ director's 
 69.24  responsibilities under subdivisions ~~2 to~~ 2d and 2e, the review 
 69.25  of county master plans and reports and applications for permits 
 69.26  for waste facilities, under sections 473.151~~,~~ and 473.801 to 
 69.27  473.823, ~~and 473.831,~~ and other duties determined by the ~~council~~ 
 69.28  director.  The committee shall consist of one-third citizen 
 69.29  representatives, one-third representatives from metropolitan 
 69.30  counties and municipalities, and one-third representatives from 
 69.31  private waste management firms.  A representative from the 
 69.32  pollution control agency~~, one from the office of waste~~ 
 69.33  ~~management established under section 115A.055,~~ and one from the 
 69.34  Minnesota health department shall serve as ex officio members of 
 69.35  the committee. 
 69.36     Sec. 26.  Minnesota Statutes 1994, section 473.151, is 
 70.1   amended to read: 
 70.2      473.151 [DISCLOSURE.] 
 70.3      For the purpose of the rules, plans, and reports required 
 70.4   or authorized by sections 473.149, 473.516, 473.801 to 473.823 
 70.5   and this section, each generator of hazardous waste and each 
 70.6   owner or operator of a collection service or waste facility 
 70.7   annually shall make the following information available to the 
 70.8   agency, council, office of environmental assistance, and 
 70.9   metropolitan counties:  a schedule of rates and charges in 
 70.10  effect or proposed for a collection service or the processing of 
 70.11  waste delivered to a waste facility and a description, in 
 70.12  aggregate amounts indicating the general character of the solid 
 70.13  and hazardous waste collection and processing system, of the 
 70.14  types and the quantity, by types, of waste generated, collected, 
 70.15  or processed.  The county, council, office, and agency shall act 
 70.16  in accordance with the provisions of section 116.075, 
 70.17  subdivision 2, with respect to information for which 
 70.18  confidentiality is claimed. 
 70.19     Sec. 27.  Minnesota Statutes 1994, section 473.516, 
 70.20  subdivision 2, is amended to read: 
 70.21     Subd. 2.  [GENERAL REQUIREMENTS.] With respect to its 
 70.22  activities under this section, the council shall be subject to 
 70.23  and comply with the applicable provisions of this chapter.  
 70.24  Property acquired by the council under this section shall be 
 70.25  subject to the provisions of section 473.545.  Any site or 
 70.26  facility owned or operated for or by the council shall conform 
 70.27  to the policy plan adopted ~~by the council~~ under section 
 70.28  473.149.  The council shall contract with private persons for 
 70.29  the construction, maintenance, and operation of waste 
 70.30  facilities, subject to the bidding requirements of section 
 70.31  473.523, where the facilities are adequate and available for use 
 70.32  and competitive with other means of providing the same service. 
 70.33     Sec. 28.  Minnesota Statutes 1994, section 473.801, 
 70.34  subdivision 1, is amended to read: 
 70.35     Subdivision 1.  [TERMS.] For the purposes of sections 
 70.36  473.801 to ~~473.845 and Laws 1985, chapter 274, section~~ 
 71.1   ~~45~~ 473.849, the terms defined in this section have the meanings 
 71.2   given them. 
 71.3      Sec. 29.  Minnesota Statutes 1994, section 473.801, is 
 71.4   amended by adding a subdivision to read: 
 71.5      Subd. 5.  [DIRECTOR.] "Director" means the director of the 
 71.6   office of environmental assistance. 
 71.7      Sec. 30.  Minnesota Statutes 1994, section 473.801, is 
 71.8   amended by adding a subdivision to read: 
 71.9      Subd. 6.  [OFFICE.] "Office" means the office of 
 71.10  environmental assistance. 
 71.11     Sec. 31.  Minnesota Statutes 1994, section 473.8011, is 
 71.12  amended to read: 
 71.13     473.8011 [METROPOLITAN AGENCY RECYCLING GOAL.] 
 71.14     By December 31, 1993, the metropolitan council, each 
 71.15  metropolitan agency as defined in section 473.121, and the 
 71.16  metropolitan mosquito control district established in section 
 71.17  473.702 shall recycle at least 40 percent by weight of the solid 
 71.18  waste generated by their offices or other operations.  The 
 71.19  ~~council~~ director shall provide information and technical 
 71.20  assistance to the council, agencies, and the district to 
 71.21  implement effective recycling programs. 
 71.22     By August 1 of each year, the council, each agency, and the 
 71.23  district shall submit to the office ~~of waste management~~ a report 
 71.24  for the previous fiscal year describing recycling rates, 
 71.25  specified by the county in which the council, agency, or 
 71.26  operation is located, and progress toward meeting the recycling 
 71.27  goal.  The office shall incorporate the recycling rates reported 
 71.28  in the respective county's recycling rates for the previous 
 71.29  fiscal year. 
 71.30     If the goal is not met, the council, agency, or district 
 71.31  must include in its 1994 report reasons for not meeting the goal 
 71.32  and a plan for meeting it in the future. 
 71.33     Sec. 32.  Minnesota Statutes 1994, section 473.803, 
 71.34  subdivision 1, is amended to read: 
 71.35     Subdivision 1.  [COUNTY MASTER PLANS; GENERAL 
 71.36  REQUIREMENTS.] Each metropolitan county, following adoption or 
 72.1   revision of the ~~council's solid waste~~ metropolitan policy plan 
 72.2   and in accordance with the dates specified therein, and after 
 72.3   consultation with all affected local government units, shall 
 72.4   prepare and submit to ~~the council for its~~ the director for 
 72.5   approval, a county solid waste master plan to implement the 
 72.6   policy plan.  The master plan shall be revised and resubmitted 
 72.7   at such times as the ~~council's~~ metropolitan policy plan may 
 72.8   require.  The master plan shall describe county solid waste 
 72.9   activities, functions, and facilities; the existing system of 
 72.10  solid waste generation, collection, and processing, and disposal 
 72.11  within the county; proposed mechanisms for complying with the 
 72.12  recycling requirements of section 115A.551, and the household 
 72.13  hazardous waste management requirements of section 115A.96, 
 72.14  subdivision 6; existing and proposed county and municipal 
 72.15  ordinances and license and permit requirements relating to solid 
 72.16  waste facilities and solid waste generation, collection, and 
 72.17  processing, and disposal; existing or proposed municipal, 
 72.18  county, or private solid waste facilities and collection 
 72.19  services within the county together with schedules of existing 
 72.20  rates and charges to users and statements as to the extent to 
 72.21  which such facilities and services will or may be used to 
 72.22  implement the policy plan; and any solid waste facility which 
 72.23  the county owns or plans to acquire, construct, or improve 
 72.24  together with statements as to the planned method, estimated 
 72.25  cost and time of acquisition, proposed procedures for operation 
 72.26  and maintenance of each facility; an estimate of the annual cost 
 72.27  of operation and maintenance of each facility; an estimate of 
 72.28  the annual gross revenues which will be received from the 
 72.29  operation of each facility; and a proposal for the use of each 
 72.30  facility after it is no longer needed or usable as a waste 
 72.31  facility.  The master plan shall, to the extent practicable and 
 72.32  consistent with the achievement of other public policies and 
 72.33  purposes, encourage ownership and operation of solid waste 
 72.34  facilities by private industry.  For solid waste facilities 
 72.35  owned or operated by public agencies or supported primarily by 
 72.36  public funds or obligations issued by a public agency, the 
 73.1   master plan shall contain criteria and standards to protect 
 73.2   comparable private and public facilities already existing in the 
 73.3   area from displacement unless the displacement is required in 
 73.4   order to achieve the waste management objectives identified in 
 73.5   the plan. 
 73.6      Sec. 33.  Minnesota Statutes 1994, section 473.803, 
 73.7   subdivision 2a, is amended to read: 
 73.8      Subd. 2a.  [WASTE ABATEMENT.] The ~~council~~ director may 
 73.9   require any county that fails to meet the waste abatement 
 73.10  objectives contained in the ~~council's~~ metropolitan policy plan 
 73.11  to amend its master plan to address methods to achieve the 
 73.12  objectives.  The master plan amendment is subject to ~~council~~ 
 73.13  review and approval as provided in subdivision 2 and must 
 73.14  consider at least: 
 73.15     (1) minimum recycling service levels for solid waste 
 73.16  generators; 
 73.17     (2) mandatory generator participation in recycling programs 
 73.18  including separation of recyclable material from mixed municipal 
 73.19  solid waste; 
 73.20     (3) use of organized solid waste collection under section 
 73.21  115A.94; and 
 73.22     (4) waste abatement participation incentives including 
 73.23  provision of storage bins, weekly collection of recyclable 
 73.24  material, expansion of the types of recyclable material for 
 73.25  collection, collection of recyclable material on the same day as 
 73.26  collection of solid waste, and financial incentives such as 
 73.27  basing charges to generators for waste collection services on 
 73.28  the volume of waste generated and discounting collection charges 
 73.29  for generators who separate recyclable material for collection 
 73.30  separate from their solid waste. 
 73.31     Sec. 34.  Minnesota Statutes 1994, section 473.803, 
 73.32  subdivision 5, is amended to read: 
 73.33     Subd. 5.  [ROLE OF PRIVATE SECTOR; COUNTY OVERSIGHT.] A 
 73.34  county may include in its solid waste management master plan and 
 73.35  in its plan for county land disposal abatement a determination 
 73.36  that the private sector will achieve, either in part or in 
 74.1   whole, the goals and requirements of sections 473.149 and 
 74.2   473.803, as long as the county: 
 74.3      (1) retains active oversight over the efforts of the 
 74.4   private sector and monitors performance to ensure compliance 
 74.5   with the law and the goals and standards ~~of~~ in the ~~council and~~ 
 74.6   ~~the county as expressed in the~~ metropolitan ~~solid waste~~ 
 74.7   ~~management~~ policy plan and the county master plan; 
 74.8      (2) continues to meet its responsibilities under the law 
 74.9   for ensuring proper waste management, including, at a minimum, 
 74.10  enforcing waste management law, providing waste education, 
 74.11  promoting waste reduction, and providing its residents the 
 74.12  opportunity to recycle waste materials; and 
 74.13     (3) continues to provide all required reports on the 
 74.14  county's progress in meeting the waste management goals and 
 74.15  standards of this chapter and chapter 115A. 
 74.16     Sec. 35.  Minnesota Statutes 1994, section 473.804, is 
 74.17  amended to read: 
 74.18     473.804 [HOUSEHOLD HAZARDOUS WASTE MANAGEMENT.] 
 74.19     By June 30, 1992, each metropolitan county shall develop 
 74.20  and implement a permanent program to manage household hazardous 
 74.21  waste.  Each program must include at least quarterly collection 
 74.22  of wastes.  Each program must be consistent with the ~~council's~~ 
 74.23  metropolitan policy plan and must be described as part of each 
 74.24  county's solid waste master plan revision as required under 
 74.25  section 473.803, subdivision 1.  
 74.26     Sec. 36.  Minnesota Statutes 1994, section 473.811, 
 74.27  subdivision 1, is amended to read: 
 74.28     Subdivision 1.  [COUNTY ACQUISITION OF FACILITIES.] To 
 74.29  accomplish the purpose specified in section 473.803, each 
 74.30  metropolitan county may acquire by purchase, lease, gift or 
 74.31  condemnation as provided by law, upon such terms and conditions 
 74.32  as it shall determine, including contracts for deed and 
 74.33  conditional sales contracts, solid waste facilities or 
 74.34  properties or easements for solid waste facilities which are in 
 74.35  accordance with rules adopted by the agency, the policy plan 
 74.36  ~~adopted by the council~~ and the approved county master plan ~~as~~ 
 75.1   ~~approved by the council~~, and may improve or construct 
 75.2   improvements on any property or facility so acquired.  No 
 75.3   metropolitan city, county or town shall own or operate a 
 75.4   hazardous waste facility, except a facility to manage household 
 75.5   hazardous waste.  Each metropolitan county is authorized to levy 
 75.6   a tax in anticipation of need for expenditure for the 
 75.7   acquisition and betterment of solid waste facilities.  If a tax 
 75.8   is levied in anticipation of need, the purpose must be specified 
 75.9   in a resolution of the county directing that the levy and the 
 75.10  proceeds of the tax may be used only for that purpose.  Until so 
 75.11  used, the proceeds shall be retained in a separate fund or 
 75.12  invested in the same manner as surplus in a sinking fund may be 
 75.13  invested under section 475.66.  The right of condemnation shall 
 75.14  be exercised in accordance with chapter 117.  
 75.15     For the purposes of this section "solid waste facility" 
 75.16  includes a facility to manage household hazardous waste. 
 75.17     Sec. 37.  Minnesota Statutes 1994, section 473.811, 
 75.18  subdivision 4a, is amended to read: 
 75.19     Subd. 4a.  [ORDINANCES; GENERAL CONDITIONS; RESTRICTIONS; 
 75.20  APPLICATION.] Ordinances of counties and local government units 
 75.21  related to or affecting waste management shall embody plans, 
 75.22  policies, rules, standards and requirements adopted by any state 
 75.23  agency authorized to manage or plan for or regulate the 
 75.24  management of waste and the waste management plans adopted ~~by~~ 
 75.25  ~~the council~~ under section 473.149 and shall be consistent with 
 75.26  approved county master plans ~~approved by the council~~.  Except as 
 75.27  provided in this subdivision, a county may establish and operate 
 75.28  or contract for the establishment or operation of a solid waste 
 75.29  disposal facility without complying with local ordinances if the 
 75.30  ~~council~~ director certifies need under section 473.823, 
 75.31  subdivision 6.  With the approval of the ~~council~~ director, local 
 75.32  government units may impose and enforce reasonable conditions 
 75.33  respecting the construction, operation, inspection, monitoring, 
 75.34  and maintenance of the disposal facilities.  No local government 
 75.35  unit shall prevent the establishment or operation of any solid 
 75.36  waste facility in accordance with the ~~council's~~ director's 
 76.1   decision under section 473.823, subdivision 5, except that, with 
 76.2   the approval of the ~~council~~ director, the local government unit 
 76.3   may impose reasonable conditions respecting the construction, 
 76.4   inspection, monitoring, and maintenance of a facility. 
 76.5      Sec. 38.  Minnesota Statutes 1994, section 473.811, 
 76.6   subdivision 5, is amended to read: 
 76.7      Subd. 5.  [ORDINANCES; SOLID WASTE COLLECTION AND 
 76.8   TRANSPORTATION.] (a) Each metropolitan county may adopt 
 76.9   ordinances governing the collection of solid waste.  A county 
 76.10  may adopt, but may not be required to adopt, an ordinance that 
 76.11  requires the separation from mixed municipal waste, by 
 76.12  generators before collection, of materials that can readily be 
 76.13  separated for use or reuse as substitutes for raw materials or 
 76.14  for transformation into a usable soil amendment. 
 76.15     (b) Each local unit of government within the metropolitan 
 76.16  area shall adopt an ordinance governing the collection of solid 
 76.17  waste within its boundaries.  If the county within which it is 
 76.18  located has adopted a collection ordinance, the local unit shall 
 76.19  adopt either the county ordinance by reference or a more strict 
 76.20  ordinance.  If the county within which it is located has adopted 
 76.21  a separation ordinance, the ordinance applies in all local units 
 76.22  within the county that have failed to meet the local abatement 
 76.23  performance standards, as stated in the most recent annual 
 76.24  county report.  
 76.25     (c) Ordinances of counties and local government units may 
 76.26  establish reasonable conditions respecting but shall not prevent 
 76.27  the transportation of solid waste by a licensed collector 
 76.28  through and between counties and local units, except as required 
 76.29  for the enforcement of any designation of a facility by a county 
 76.30  under chapter 115A or for enforcement of the prohibition on 
 76.31  disposal of unprocessed mixed municipal solid waste under 
 76.32  sections 473.848 and 473.849.  
 76.33     (d) A licensed collector or a metropolitan county or local 
 76.34  government unit may request review by the ~~council~~ director of an 
 76.35  ordinance adopted under this subdivision.  The ~~council~~ director 
 76.36  shall approve or disapprove the ordinance within 60 days of the 
 77.1   submission of a request for review.  The ordinance shall remain 
 77.2   in effect unless it is disapproved. 
 77.3      (e) Ordinances of counties and local units of government: 
 77.4      (1) shall provide for the enforcement of any designation of 
 77.5   facilities by the counties under chapter 115A; 
 77.6      (2) may require waste collectors and transporters to 
 77.7   deliver unprocessed mixed municipal waste generated in the 
 77.8   county to processing facilities; and 
 77.9      (3) may prohibit waste collectors and transporters from 
 77.10  delivering unprocessed mixed municipal solid waste generated in 
 77.11  the county to disposal facilities for final disposal. 
 77.12     (f) Nothing in this subdivision limits the authority of the 
 77.13  local government unit to regulate and license collectors of 
 77.14  solid waste or to require review or approval by the ~~council~~ 
 77.15  director for ordinances regulating collection.  
 77.16     Sec. 39.  Minnesota Statutes 1994, section 473.811, 
 77.17  subdivision 7, is amended to read: 
 77.18     Subd. 7.  [JOINT ACTION.] Any local governmental unit or 
 77.19  metropolitan agency may act together with any county, city, or 
 77.20  town within or without the metropolitan area, or with the 
 77.21  pollution control agency or the office ~~of waste management~~ under 
 77.22  the provisions of section 471.59 or any other appropriate law 
 77.23  providing for joint or cooperative action between government 
 77.24  units, to accomplish any purpose specified in sections 473.149, 
 77.25  473.151, 473.801 to 473.823, 473.834, 116.05 and 115A.06. 
 77.26     Any agreement regarding data processing services relating 
 77.27  to the generation, management, identification, labeling, 
 77.28  classification, storage, collection, treatment, transportation, 
 77.29  processing or disposal of waste and entered into pursuant to 
 77.30  section 471.59, or other law authorizing joint or cooperative 
 77.31  action may provide that any party to the agreement may agree to 
 77.32  defend, indemnify and hold harmless any other party to the 
 77.33  agreement providing the services, including its employees, 
 77.34  officers or volunteers, against any judgments, expenses, 
 77.35  reasonable attorney's fees and amounts paid in settlement 
 77.36  actually and reasonably incurred in connection with any third 
 78.1   party claim or demand arising out of an alleged act or omission 
 78.2   by a party to the agreement, its employees, officers or 
 78.3   volunteers occurring in connection with any exchange, retention, 
 78.4   storage or processing of data, information or records required 
 78.5   by the agreement.  Any liability incurred by a party to an 
 78.6   agreement under this subdivision shall be subject to the 
 78.7   limitations set forth in section 3.736 or 466.04. 
 78.8      Sec. 40.  Minnesota Statutes 1994, section 473.811, 
 78.9   subdivision 8, is amended to read: 
 78.10     Subd. 8.  [COUNTY SALE OR LEASE.] Each metropolitan county 
 78.11  may sell or lease any facilities or property or property rights 
 78.12  previously used or acquired to accomplish the purposes specified 
 78.13  by sections 473.149, 473.151, 473.801 to 473.823, and 473.834.  
 78.14  Such property may be sold in the manner provided by section 
 78.15  469.065, or may be sold in the manner and on the terms and 
 78.16  conditions determined by the county board.  Each metropolitan 
 78.17  county may convey to or permit the use of any such property by a 
 78.18  local government unit, with or without compensation, without 
 78.19  submitting the matter to the voters of the county.  No real 
 78.20  property or property rights acquired pursuant to this section~~,~~ 
 78.21  may be disposed of in any manner unless and until the county 
 78.22  shall have submitted to the agency and the ~~metropolitan~~ 
 78.23  ~~council~~ director for review and comment the terms on and the use 
 78.24  for which the property will be disposed of.  The agency and 
 78.25  the ~~council~~ director shall review and comment on the proposed 
 78.26  disposition within 60 days after each has received the data 
 78.27  relating thereto from the county. 
 78.28     Sec. 41.  Minnesota Statutes 1994, section 473.813, 
 78.29  subdivision 2, is amended to read: 
 78.30     Subd. 2.  Before a city, county, or town enters into any 
 78.31  contract pursuant to subdivision 1 for a period of more than 
 78.32  five years, the city, county, or town shall submit the proposed 
 78.33  contract and a description of the proposed activities under the 
 78.34  contract to the ~~council~~ director for review and approval.  The 
 78.35  ~~council~~ director shall approve the proposed contract if ~~it~~ the 
 78.36  director determines that the contract is consistent with 
 79.1   the ~~council's~~ metropolitan policy plan, permits issued under 
 79.2   section 473.823, and county reports or approved master plans 
 79.3   ~~approved by the council~~.  The ~~council~~ director may 
 79.4   consolidate ~~its~~ the review of contracts submitted under this 
 79.5   section with ~~its~~ the review of related permit applications 
 79.6   submitted under section 473.823 and for this purpose may delay 
 79.7   the review required by this section. 
 79.8      Sec. 42.  Minnesota Statutes 1994, section 473.823, 
 79.9   subdivision 3, is amended to read: 
 79.10     Subd. 3.  [SOLID WASTE FACILITIES; REVIEW PROCEDURES.] (a) 
 79.11  The agency shall request applicants for solid waste facility 
 79.12  permits to submit all information deemed relevant by the ~~council~~ 
 79.13  ~~to its~~ director for review, including without limitation 
 79.14  information relating to the geographic areas and population 
 79.15  served, the need, the effect on existing facilities and 
 79.16  services, the effectiveness of proposed buffer areas to ensure, 
 79.17  at a minimum, protection of surrounding land uses from adverse 
 79.18  or incompatible impacts due to landfill operation and related 
 79.19  activities, the anticipated public cost and benefit, the 
 79.20  anticipated rates and charges, the manner of financing, the 
 79.21  effect on metropolitan plans and development programs, the 
 79.22  supply of waste, anticipated markets for any product, and 
 79.23  alternative means of disposal or energy production.  
 79.24     (b) A permit may not be issued for the operation of a solid 
 79.25  waste facility in the metropolitan area which is not in 
 79.26  accordance with the metropolitan ~~council's solid waste~~ policy 
 79.27  plan.  The ~~metropolitan council~~ director shall determine whether 
 79.28  a permit is in accordance with the policy plan.  In making ~~its~~ 
 79.29  this determination, the ~~council~~ director shall consider the 
 79.30  areawide need and benefit of the applicant facility and the 
 79.31  effectiveness of proposed buffer areas to adequately protect 
 79.32  surrounding land uses in accordance with ~~its~~ the policy plan, 
 79.33  and may consider, without limitation, the effect of the 
 79.34  applicant facility on existing and planned solid waste 
 79.35  facilities.  
 79.36     (c) If the ~~council~~ director determines that a permit is in 
 80.1   accordance with ~~its~~ the policy plan, the ~~council~~ director shall 
 80.2   approve the permit.  If the ~~council~~ director determines that a 
 80.3   permit is not in accordance with ~~its~~ the policy plan, ~~it~~ the 
 80.4   director shall disapprove the permit.  ~~The council's~~ Approval of 
 80.5   permits may be subject to conditions the director determines are 
 80.6   necessary to satisfy criteria and standards in ~~its~~ the policy 
 80.7   plan, including conditions respecting the type, character, and 
 80.8   quantities of waste to be processed at a solid waste facility 
 80.9   used primarily for resource recovery and the geographic 
 80.10  territory from which a resource recovery facility or transfer 
 80.11  station serving such a facility may draw its waste.  
 80.12     (d) For the purpose of this review and approval ~~by the~~ 
 80.13  ~~council~~, the agency shall send a copy of each permit application 
 80.14  and any supporting information furnished by the applicant to the 
 80.15  ~~metropolitan council~~ director within 15 days after receipt of 
 80.16  the application and all other information requested from the 
 80.17  applicant.  Within 60 days after the application and supporting 
 80.18  information are received by the ~~council~~ director, unless a time 
 80.19  extension is authorized by the agency, the ~~council~~ director 
 80.20  shall issue to the agency in writing ~~its~~ a determination whether 
 80.21  the permit is disapproved, approved, or approved with 
 80.22  conditions.  If the ~~council~~ director does not issue ~~its~~ a 
 80.23  determination to the agency within the 60-day period, unless a 
 80.24  time extension is authorized by the agency, the permit shall be 
 80.25  deemed to be in accordance with the ~~council's~~ policy plan.  
 80.26     (e) A permit may not be issued in the metropolitan area for 
 80.27  a solid waste facility used primarily for resource recovery or a 
 80.28  transfer station serving the facility, if the facility or 
 80.29  station is owned or operated by a public agency or if the 
 80.30  acquisition or betterment of the facility or station is secured 
 80.31  by public funds or obligations issued by a public agency, unless 
 80.32  the ~~council~~ director finds and determines that adequate markets 
 80.33  exist for the products recovered and that establishment of the 
 80.34  facility is consistent with the criteria and standards in the 
 80.35  metropolitan and county plans respecting the protection of 
 80.36  existing resource recovery facilities and transfer stations 
 81.1   serving such facilities. 
 81.2      Sec. 43.  Minnesota Statutes 1994, section 473.823, 
 81.3   subdivision 5, is amended to read: 
 81.4      Subd. 5.  [REVIEW OF WASTE PROCESSING FACILITIES.] (a) A 
 81.5   metropolitan county may establish a waste processing facility 
 81.6   within the county without complying with local ordinances, if 
 81.7   the action is approved by the ~~council~~ director in accordance 
 81.8   with the review process established by this subdivision.  A 
 81.9   county requesting review ~~by the council~~ shall show that: 
 81.10     (1) the required permits for the proposed facility have 
 81.11  been or will be issued by the agency; 
 81.12     (2) the facility is consistent with the ~~council's~~ 
 81.13  metropolitan policy plan and the approved county master plan; 
 81.14  and 
 81.15     (3) a local government unit has refused to approve the 
 81.16  establishment or operation of the facility, has failed to deny 
 81.17  or approve establishment or operation of the facility within the 
 81.18  time period required in section 115A.31, or has approved the 
 81.19  application or request with conditions that are unreasonable or 
 81.20  impossible for the county to meet. 
 81.21     (b) The ~~council~~ director shall ~~meet to~~ commence the review 
 81.22  within 90 days of the submission of a request determined by 
 81.23  the ~~council~~ director to satisfy the requirements for review 
 81.24  under this subdivision.  ~~At the meeting~~ Upon commencing the 
 81.25  review the ~~chair~~ director shall ~~recommend and the council~~ 
 81.26  establish a scope and procedure, including criteria, for ~~its~~ the 
 81.27  review and final decision on the proposed facility.  The 
 81.28  procedure shall require the ~~council~~ director to make a final 
 81.29  decision on the proposed facility within 120 days following the 
 81.30  commencement of review.  For facilities other than waste 
 81.31  incineration and mixed municipal solid waste composting 
 81.32  facilities, the ~~council~~ director shall ~~meet to~~ commence the 
 81.33  review within 45 days of submission of the request and shall 
 81.34  make a final decision within 75 days following commencement of 
 81.35  review. 
 81.36     (c) The ~~council~~ director shall conduct at least one public 
 82.1   hearing in the city or town within which the proposed facility 
 82.2   would be located.  Notice of the hearing shall be published in a 
 82.3   newspaper or newspapers of general circulation in the area for 
 82.4   two successive weeks ending at least 15 days before the date of 
 82.5   the hearing.  The notice shall describe the proposed facility, 
 82.6   its location, the proposed permits, and the ~~council's~~ scope, 
 82.7   procedure, and criteria for review.  The notice shall identify a 
 82.8   location or locations within the local government unit and 
 82.9   county where the permit applications and the ~~council's~~ scope, 
 82.10  procedure, and criteria for review are available for review and 
 82.11  where copies may be obtained. 
 82.12     (d) In ~~its~~ the review and final decision on the proposed 
 82.13  facility, the ~~council~~ director shall consider at least the 
 82.14  following matters:  
 82.15     (1) the risk and effect of the proposed facility on local 
 82.16  residents, units of government, and the local public health, 
 82.17  safety, and welfare, and the degree to which the risk or effect 
 82.18  may be alleviated; 
 82.19     (2) the consistency of the proposed facility with, and its 
 82.20  effect on, existing and planned local land use and development; 
 82.21  local laws, ordinances, and permits; and local public facilities 
 82.22  and services; 
 82.23     (3) the adverse effects of the facility on agriculture and 
 82.24  natural resources and opportunities to mitigate or eliminate 
 82.25  such adverse effects by additional stipulations, conditions, and 
 82.26  requirements respecting the design and operation of the proposed 
 82.27  facility at the proposed site; 
 82.28     (4) the need for the proposed facility and the availability 
 82.29  of alternative sites; 
 82.30     (5) the consistency of the proposed facility with the 
 82.31  county master plan adopted pursuant to section 473.803 and the 
 82.32  ~~council's~~ policy plan adopted pursuant to section 473.149; and 
 82.33     (6) transportation facilities and distance to points of 
 82.34  waste generation.  
 82.35     (e) ~~In its final decision in the review,~~ The ~~council~~ 
 82.36  director may either approve or disapprove the proposed facility 
 83.1   at the proposed site.  The ~~council's~~ approval shall embody all 
 83.2   terms, conditions, and requirements of the permitting state 
 83.3   agencies, provided that the ~~council~~ director may require more 
 83.4   stringent permit terms, conditions, and requirements respecting 
 83.5   the design, construction, operation, inspection, monitoring, and 
 83.6   maintenance of the proposed facility at the proposed site.  
 83.7      Sec. 44.  Minnesota Statutes 1994, section 473.823, 
 83.8   subdivision 6, is amended to read: 
 83.9      Subd. 6.  [~~COUNCIL;~~ CERTIFICATION OF NEED.] No new mixed 
 83.10  municipal solid waste disposal facility or capacity shall be 
 83.11  permitted in the metropolitan area without a certificate of need 
 83.12  issued by the ~~council~~ director indicating ~~the council's~~ a 
 83.13  determination that the additional disposal capacity planned for 
 83.14  the facility is needed in the metropolitan area.  The ~~council~~ 
 83.15  director shall amend ~~its~~ the policy plan, adopted pursuant to 
 83.16  section 473.149, to include standards and procedures for 
 83.17  certifying need that conform to the certification standards 
 83.18  stated in this subdivision.  The standards and procedures shall 
 83.19  be based on the ~~council's~~ metropolitan disposal abatement plan 
 83.20  adopted pursuant to section 473.149, subdivision 2d, 
 83.21  the ~~council's~~ solid waste disposal facilities development 
 83.22  schedule adopted under section 473.149, subdivision 2e, and the 
 83.23  provisions of any master plans of counties that have been 
 83.24  approved ~~by the council~~ under section 473.803, subdivision 2, 
 83.25  and that are consistent with the ~~council's~~ abatement plan and 
 83.26  development schedule.  The ~~council~~ director shall certify need 
 83.27  only to the extent that there are no feasible and prudent 
 83.28  alternatives to the disposal facility, including waste 
 83.29  reduction, source separation and resource recovery which would 
 83.30  minimize adverse impact upon natural resources.  Alternatives 
 83.31  that are speculative or conjectural shall not be deemed to be 
 83.32  feasible and prudent.  Economic considerations alone shall not 
 83.33  justify the certification of need or the rejection of 
 83.34  alternatives.  
 83.35     Sec. 45.  Minnesota Statutes 1994, section 473.844, 
 83.36  subdivision 1a, is amended to read: 
 84.1      Subd. 1a.  [USE OF FUNDS.] (a) The money in the account may 
 84.2   be spent only for the following purposes:  
 84.3      (1) assistance to any person for resource recovery projects 
 84.4   funded under subdivision 4 or projects to develop and coordinate 
 84.5   markets for reusable or recyclable waste materials, including 
 84.6   related public education, planning, and technical assistance; 
 84.7      (2) grants to counties under section 473.8441; 
 84.8      (3) program administration ~~by the metropolitan council~~; 
 84.9      (4) public education on solid waste reduction and 
 84.10  recycling; 
 84.11     (5) solid waste research; and 
 84.12     (6) grants to multicounty groups for regionwide planning 
 84.13  for solid waste management system operations and use of 
 84.14  management capacity. 
 84.15     (b) The ~~council~~ director shall allocate at least 50 percent 
 84.16  of the annual revenue received by the account for grants to 
 84.17  counties under section 473.8441. 
 84.18     Sec. 46.  Minnesota Statutes 1994, section 473.844, 
 84.19  subdivision 4, is amended to read: 
 84.20     Subd. 4.  [RESOURCE RECOVERY GRANTS AND LOANS.] The grant 
 84.21  and loan program under this subdivision is administered by 
 84.22  the ~~metropolitan council~~ director.  Grants and loans may be made 
 84.23  to any person for resource recovery projects.  The grants and 
 84.24  loans may include the cost of planning, acquisition of land and 
 84.25  equipment, and capital improvements.  Grants and loans for 
 84.26  planning may not exceed 50 percent of the planning costs.  
 84.27  Grants and loans for acquisition of land and equipment and for 
 84.28  capital improvements may not exceed 50 percent of the cost of 
 84.29  the project.  Grants and loans may be made for public education 
 84.30  on the need for the resource recovery projects.  A grant or loan 
 84.31  for land, equipment, or capital improvements may not be made 
 84.32  until the ~~metropolitan council~~ director has determined the total 
 84.33  estimated capital cost of the project and ascertained that full 
 84.34  financing of the project is assured.  Grants and loans made to 
 84.35  cities, counties, or solid waste management districts must be 
 84.36  for projects that are in conformance with approved master 
 85.1   plans.  A grant or loan to a city or town must be reviewed and 
 85.2   approved by the county for conformance with the county master 
 85.3   plan.  The ~~council~~ director shall require, where practical, 
 85.4   cooperative purchase between cities, counties, and districts of 
 85.5   capital equipment. 
 85.6      Sec. 47.  Minnesota Statutes 1994, section 473.8441, 
 85.7   subdivision 2, is amended to read: 
 85.8      Subd. 2.  [PROGRAM.] The ~~council~~ director shall encourage 
 85.9   the development of permanent local recycling programs throughout 
 85.10  the metropolitan area.  ~~By January 1, 1988, the council shall~~ 
 85.11  ~~develop performance indicators for local recycling that will~~ 
 85.12  ~~measure the availability and use of recycling throughout the~~ 
 85.13  ~~metropolitan area.~~  The ~~council~~ director shall make grants to 
 85.14  qualifying metropolitan counties as provided in this section. 
 85.15     Sec. 48.  Minnesota Statutes 1994, section 473.8441, 
 85.16  subdivision 4, is amended to read: 
 85.17     Subd. 4.  [GRANT CONDITIONS.] The ~~council~~ director shall 
 85.18  administer grants so that the following conditions are met: 
 85.19     (a) A county must apply for a grant in the manner 
 85.20  determined by the ~~council~~ director.  The application must 
 85.21  describe the activities for which the grant will be used. 
 85.22     (b) The activities funded must be consistent with the 
 85.23  ~~council's~~ metropolitan policy plan and the county master plan. 
 85.24     (c) A grant must be matched by equal county expenditures 
 85.25  for the activities for which the grant is made. 
 85.26     (d) All grant funds must be used for new activities or to 
 85.27  enhance or increase the effectiveness of existing activities in 
 85.28  the county. 
 85.29     (e) Counties shall provide support to maintain effective 
 85.30  municipal recycling where it is already established. 
 85.31     Sec. 49.  Minnesota Statutes 1994, section 473.8441, 
 85.32  subdivision 5, is amended to read: 
 85.33     Subd. 5.  [GRANT ALLOCATION PROCEDURE.] (a) The ~~council~~ 
 85.34  director shall distribute the funds annually so that each 
 85.35  qualifying county receives an equal share of 50 percent of 
 85.36  the ~~council's~~ allocation to the program described in this 
 86.1   section, plus a proportionate share of the remaining funds 
 86.2   available for the program.  A county's proportionate share is an 
 86.3   amount that has the same proportion to the total remaining funds 
 86.4   as the number of households in the county has to the total 
 86.5   number of households in all metropolitan counties.  
 86.6      (b) To qualify for distribution of funds, a county, by 
 86.7   April 1 of each year, must submit ~~for council~~ to the director 
 86.8   for approval a report on expenditures and activities under the 
 86.9   program during the preceding fiscal year and any proposed 
 86.10  changes in its recycling implementation strategy or performance 
 86.11  funding system.  The report shall be included in the county 
 86.12  report required by section 473.803, subdivision 3.  
 86.13     Sec. 50.  Minnesota Statutes 1994, section 473.845, 
 86.14  subdivision 4, is amended to read: 
 86.15     Subd. 4.  [EXPENDITURE NOTIFICATION.] The commissioner 
 86.16  shall notify the ~~chair~~ director of the office and the director 
 86.17  of the legislative commission on waste management before making 
 86.18  expenditures from the fund.  
 86.19     Sec. 51.  Minnesota Statutes 1994, section 473.848, 
 86.20  subdivision 2, is amended to read: 
 86.21     Subd. 2.  [COUNTY CERTIFICATION; ~~COUNCIL~~ OFFICE APPROVAL.] 
 86.22  (a) By April 1 of each year, each county shall submit an annual 
 86.23  certification report to the ~~council~~ office detailing:  
 86.24     (1) the quantity of waste generated in the county that was 
 86.25  not processed prior to transfer to a disposal facility during 
 86.26  the year preceding the report; 
 86.27     (2) the reasons the waste was not processed; 
 86.28     (3) a strategy for development of techniques to ensure 
 86.29  processing of waste including a specific timeline for 
 86.30  implementation of those techniques; and 
 86.31     (4) any progress made by the county in reducing the amount 
 86.32  of unprocessed waste. 
 86.33     The report shall be included in the county report required 
 86.34  by section 473.803, subdivision 3.  
 86.35     (b) The ~~council~~ office shall approve a county's 
 86.36  certification report if it determines that the county is 
 87.1   reducing and will continue to reduce the amount of unprocessed 
 87.2   waste, based on the report and the county's progress in 
 87.3   development and implementation of techniques to reduce the 
 87.4   amount of unprocessed waste transferred to disposal facilities.  
 87.5   If the ~~council~~ office does not approve a county's report, it 
 87.6   shall negotiate with the county to develop and implement 
 87.7   specific techniques to reduce unprocessed waste.  If the ~~council~~ 
 87.8   office does not approve two or more consecutive reports from any 
 87.9   one county, the ~~council~~ office shall develop specific reduction 
 87.10  techniques that are designed for the particular needs of the 
 87.11  county.  The county shall implement those techniques by specific 
 87.12  dates to be determined by the ~~council~~ office. 
 87.13     Sec. 52.  Minnesota Statutes 1994, section 473.848, 
 87.14  subdivision 4, is amended to read: 
 87.15     Subd. 4.  [~~COUNCIL~~ OFFICE REPORT.] The ~~council~~ office shall 
 87.16  include, as part of its report to the legislative commission on 
 87.17  waste management required under section 473.149, an accounting 
 87.18  of the quantity of unprocessed waste transferred to disposal 
 87.19  facilities, the reasons the waste was not processed, a strategy 
 87.20  for reducing the amount of unprocessed waste, and progress made 
 87.21  by counties to reduce the amount of unprocessed waste.  The 
 87.22  ~~council~~ office may adopt standards for determining when waste is 
 87.23  unprocessible and procedures for expediting certification and 
 87.24  reporting of unprocessed waste. 
 87.25     Sec. 53.  [APPLICATION.] 
 87.26     Sections 25 to 52 apply in the counties of Anoka, Carver, 
 87.27  Dakota, Hennepin, Ramsey, Scott, and Washington.  
 87.28     Sec. 54.  [INSTRUCTION TO REVISOR.] 
 87.29     The revisor shall substitute the term "office of 
 87.30  environmental assistance" for the term "office of waste 
 87.31  management" in Minnesota Statutes, sections 15A.081, 41A.066, 
 87.32  43A.08, 115B.20, 116.07, 116.101, 116.99, and 477A.012.  
 87.33     Sec. 55.  [REPEALER.] 
 87.34     Minnesota Statutes 1994, sections 115A.81, subdivision 3; 
 87.35  115A.90, subdivision 3; 383D.71, subdivision 2; 473.149, 
 87.36  subdivision 5; and 473.181, subdivision 4, are repealed. 
 88.1      Sec. 56.  [EFFECTIVE DATE.] 
 88.2      Sections 1 to 53 and 55 are effective on the day following 
 88.3   final enactment.