1.1 	A bill for an act
1.2 	relating to agriculture; providing for the burial of certain materials on land used 
1.3 	for farming; clarifying responsibility for the oversight of livestock mortality 
1.4 	disposal; amending Minnesota Statutes 2010, section 17.135; proposing coding 
1.5 	for new law in Minnesota Statutes, chapter 115A.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2010, section 17.135, is amended to read:
1.8 	17.135 FARM DISPOSAL OF SOLID WASTE.
1.9 	(a) A permit is not required from a state agency, except under sections 88.16, 
1.10 	88.17, and 88.22 for a person who owns or operates land used for farming that buries, or 
1.11 	burns and buries~~,~~:
1.12 	(1) solid waste generated from the person's household or as part of the person's 
1.13 	farming operation ~~if the burying is done~~; or
1.14 	(2) concrete or reinforcing bar from a building or structure located on the land 
1.15 	used for farming.
1.16 	Items in clauses (1) and (2) must be buried in a nuisance-free, pollution-free, and 
1.17 	aesthetic manner on the land used for farming. This exception does not apply if regularly 
1.18 	scheduled pickup of solid waste is reasonably available at the person's farm, as determined 
1.19 	by resolution of the county board of the county where the person's farm is located. 
1.20 	(b) ~~This~~ The exemption in paragraph (a), clause (1), does not apply to burning tires 
1.21 	or plastics, except plastic baling twine, or to burning or burial of the following materials:
1.22 	(1) household hazardous waste as defined in section 115A.96, subdivision 1; 
1.23 	(2) appliances, including but not limited to, major appliances as defined in section 
1.24 	115A.03, subdivision 17a; 
2.1 	(3) household batteries;
2.2 	(4) used motor oil; and
2.3 	(5) lead acid batteries from motor vehicles.
2.4 	(c) Before an owner of land used for farming who buries material under the authority 
2.5 	of paragraph (a), clause (2), may transfer ownership of the land, the owner shall record 
2.6 	with the county recorder of the county in which the land is located an affidavit containing 
2.7 	a legal description of the land that discloses to any potential transferee the location of 
2.8 	concrete or reinforcing bar buried on the property. The country recorder shall record the 
2.9 	affidavit in a manner which will ensure its disclosure in the ordinary course of a title 
2.10 	search of the subject property.

2.11 	Sec. 2. [115A.033] LIVESTOCK MORTALITIES.
2.12 	Notwithstanding any other law, the executive director of the Board of Animal Health 
2.13 	is responsible for the regulation and oversight of livestock mortality disposal.