1999 Minnesota Statutes

     115A.921 City or town fee authority. 

    Subdivision 1.    Mixed municipal solid waste.  A city 
 or town may impose a fee, not to exceed $1 per cubic yard of 
 waste, or its equivalent, on operators of facilities for the 
 disposal of mixed municipal solid waste located within the city 
 or town.  The revenue from the fees must be credited to the city 
 or town general fund.  Revenue produced by 25 cents of the fee 
 must be used only for purposes of landfill abatement or for 
 purposes of mitigating and compensating for the local risks, 
 costs, and other adverse effects of facilities.  Revenue 
 produced by the balance of the fee may be used for any general 
 fund purpose.  

    Waste residue from recycling facilities at which recyclable 
 materials are separated or processed for the purpose of 
 recycling, or from energy and resource recovery facilities at 
 which solid waste is processed for the purpose of extracting, 
 reducing, converting to energy, or otherwise separating and 
 preparing solid waste for reuse shall be exempt from the fee 
 imposed by a city or town under this section if there is at 
 least an 85 percent weight reduction in the solid waste 
 processed.  Before any fee is reduced, the verification 
 procedures of section 473.843, subdivision 1, paragraph (c), 
 must be followed and submitted to the appropriate city or town, 
 except that for facilities operating outside of the metropolitan 
 area the commissioner shall prescribe procedures for verifying 
 the required 85 percent weight reduction. 

    Subd. 2.    Construction debris.  (a) A city or town may 
 impose a fee, not to exceed 50 cents per cubic yard of waste, or 
 its equivalent, on operators of facilities for the disposal of 
 construction debris located within the city or town.  The 
 revenue from the fees must be credited to the city or town 
 general fund.  Two-thirds of the revenue must be used only for 
 purposes of landfill abatement or for purposes of mitigating and 
 compensating for the local risks, costs, and other adverse 
 effects resulting from the facilities. 

    (b) A facility permitted for the disposal of construction 
 debris is exempt from 25 percent of a fee imposed under this 
 subdivision if the facility has implemented a recycling program 
 that has been approved by the county and 25 percent if the 
 facility contains a liner and leachate collection system 
 approved by the agency. 

    (c) Two-thirds of the revenue from fees collected under 
 this subdivision must offset any financial assurances required 
 by the city or town for a construction debris facility. 

    (d) The maximum revenue that may be collected under this 
 subdivision must be determined by multiplying the total 
 permitted capacity of a facility by 15 cents per cubic yard.  
 Once the maximum revenue has been collected for a facility, the 
 fees in this subdivision may no longer be imposed. 

    HIST: 1984 c 644 s 47; 1987 c 348 s 26; 1988 c 685 s 20; 1989 
 c 325 s 19; 1991 c 337 s 38; 1994 c 585 s 23; 1995 c 247 art 1 s 
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