Minnesota Legislature
HF 408
as introduced - 87th Legislature (2011 - 2012) Posted on 02/07/2011 11:01am
Current Version - as introduced
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A bill for an act
relating to agriculture; providing for the burial of certain materials on land used
for farming; clarifying responsibility for the oversight of livestock mortality
disposal; amending Minnesota Statutes 2010, section 17.135; proposing coding
for new law in Minnesota Statutes, chapter 115A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 17.135, is amended to read:
17.135 FARM DISPOSAL OF SOLID WASTE.
(a) A permit is not required from a state agency, except under sections 88.16,
88.17, and 88.22 for a person who owns or operates land used for farming that buries, or
burns and buriesdeleted text begin ,deleted text end new text begin :new text end
new text begin (1) new text end solid waste generated from the person's household or as part of the person's
farming operation deleted text begin if the burying is donedeleted text end new text begin ; or
new text end
new text begin
(2) concrete or reinforcing bar from a building or structure located on the land
used for farming.
new text end
new text begin Items in clauses (1) and (2) must be buriednew text end in a nuisance-free, pollution-free, and
aesthetic manner on the land used for farming. This exception does not apply if regularly
scheduled pickup of solid waste is reasonably available at the person's farm, as determined
by resolution of the county board of the county where the person's farm is located.
(b) deleted text begin Thisdeleted text end new text begin Thenew text end exemptionnew text begin in paragraph (a), clause (1),new text end does not apply to burning tires
or plastics, except plastic baling twine, or to burning or burial of the following materials:
(1) household hazardous waste as defined in section 115A.96, subdivision 1;
(2) appliances, including but not limited to, major appliances as defined in section
115A.03, subdivision 17a;
(3) household batteries;
(4) used motor oil; and
(5) lead acid batteries from motor vehicles.
new text begin
(c) Before an owner of land used for farming who buries material under the authority
of paragraph (a), clause (2), may transfer ownership of the land, the owner shall record
with the county recorder of the county in which the land is located an affidavit containing
a legal description of the land that discloses to any potential transferee the location of
concrete or reinforcing bar buried on the property. The country recorder shall record the
affidavit in a manner which will ensure its disclosure in the ordinary course of a title
search of the subject property.
new text end
Sec. 2.
new text begin
[115A.033] LIVESTOCK MORTALITIES.
new text end
new text begin
Notwithstanding any other law, the executive director of the Board of Animal Health
is responsible for the regulation and oversight of livestock mortality disposal.
new text end