1.1                          A bill for an act
  1.2             relating to the environment; modifying requirements 
  1.3             for the on-site burning and disposal of solid waste by 
  1.4             persons who do not have regularly scheduled pickup of 
  1.5             solid waste that is reasonably available; amending 
  1.6             Minnesota Statutes 2000, sections 17.135; 88.171, 
  1.7             subdivision 8. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 17.135, is 
  1.10  amended to read: 
  1.11     17.135 [FARM DISPOSAL OF SOLID WASTE.] 
  1.12     (a) A permit is not required from a state agency, except 
  1.13  under sections 88.16, 88.17, and 88.22 for a person who owns or 
  1.14  operates land used for farming that buries, or burns and buries, 
  1.15  solid waste generated from the person's household or as part of 
  1.16  the person's farming operation if the burying is done in a 
  1.17  nuisance free, pollution free, and aesthetic manner on the land 
  1.18  used for farming.  This exception does not apply if applies only 
  1.19  in areas of a county where the county board by resolution has 
  1.20  determined that regularly scheduled pickup of solid waste is not 
  1.21  reasonably available at the person's farm, as determined by 
  1.22  resolution of the county board of the county where the person's 
  1.23  farm is located. 
  1.24     (b) This exemption does not apply to burning tires or 
  1.25  plastics, except plastic baling twine, or to burning or burial 
  1.26  of the following materials: 
  2.1      (1) household hazardous waste as defined in section 
  2.2   115A.96, subdivision 1; 
  2.3      (2) appliances, including but not limited to, major 
  2.4   appliances as defined in section 115A.03, subdivision 17a; 
  2.5      (3) household batteries; 
  2.6      (4) used motor oil; and 
  2.7      (5) lead acid batteries from motor vehicles. 
  2.8      (c) Not later than ten business days before adopting a 
  2.9   resolution under paragraph (a), the county must provide notice 
  2.10  to: 
  2.11     (1) the office of environmental assistance; 
  2.12     (2) each resident and each owner of real property within 
  2.13  the exempt area; and 
  2.14     (3) each resident and each owner of real property within 
  2.15  5,000 feet of the perimeter of the exempt area.  The notice may 
  2.16  be delivered by first class mail, in person, or by publication 
  2.17  in a newspaper of general circulation within the exempt area. 
  2.18     Sec. 2.  Minnesota Statutes 2000, section 88.171, 
  2.19  subdivision 8, is amended to read: 
  2.20     Subd. 8.  [GARBAGE.] (a) No person shall conduct, cause, or 
  2.21  permit open burning of discarded material resulting from the 
  2.22  handling, processing, storage, preparation, serving, or 
  2.23  consumption of food, unless specifically allowed under section 
  2.24  17.135.  
  2.25     (b) A county may allow a resident to conduct open burning 
  2.26  of material described in paragraph (a) that is generated from 
  2.27  the resident's household if the county board by resolution 
  2.28  determines that regularly scheduled pickup of the material is 
  2.29  not reasonably available to the resident. 
  2.30     (c) Not later than ten business days before adopting a 
  2.31  resolution under paragraph (b), the county must provide notice 
  2.32  to: 
  2.33     (1) the office of environmental assistance; 
  2.34     (2) each resident and each owner of real property within 
  2.35  the exempt area; and 
  2.36     (3) each resident and each owner of real property within 
  3.1   5,000 feet of the perimeter of the exempt area.  The notice may 
  3.2   be delivered by first class mail, in person, or by publication 
  3.3   in a newspaper of general circulation within the exempt area.