HF 1733

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; modifying the definition 
  1.3             of a qualified facility for purposes of the landfill 
  1.4             cleanup program; amending Minnesota Statutes 1994, 
  1.5             section 115B.39, subdivision 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 115B.39, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [DEFINITIONS.] (a) In addition to the definitions 
  1.10  in this subdivision, the definitions in sections 115A.03 and 
  1.11  115B.02 apply to sections 115B.39 to 115B.46, except as 
  1.12  specifically modified in this subdivision. 
  1.13     (b) "Cleanup order" means a consent order between 
  1.14  responsible persons and the agency or an order issued by the 
  1.15  United States Environmental Protection Agency under section 106 
  1.16  of the federal Superfund Act. 
  1.17     (c) "Closure" means actions to prevent or minimize the 
  1.18  threat to public health and the environment posed by a mixed 
  1.19  municipal solid waste disposal facility that has stopped 
  1.20  accepting waste by controlling the sources of releases or 
  1.21  threatened releases at the facility.  "Closure" includes 
  1.22  removing contaminated equipment and liners; applying final 
  1.23  cover; grading and seeding final cover; installing wells, 
  1.24  borings, and other monitoring devices; constructing groundwater 
  1.25  and surface water diversion structures; and installing gas 
  2.1   control systems and site security systems, as necessary.  The 
  2.2   commissioner may authorize use of final cover that includes 
  2.3   processed materials that meet the requirements in Code of 
  2.4   Federal Regulations, title 40, section 503.32, paragraph (a). 
  2.5      (d) "Contingency action" means organized, planned, or 
  2.6   coordinated courses of action to be followed in case of fire, 
  2.7   explosion, or release of solid waste, waste by-products, or 
  2.8   leachate that could threaten human health or the environment. 
  2.9      (e) "Corrective action" means steps taken to repair 
  2.10  facility structures including liners, monitoring wells, 
  2.11  separation equipment, covers, and aeration devices and to bring 
  2.12  the facility into compliance with design, construction, 
  2.13  groundwater, surface water, and air emission standards. 
  2.14     (f) "Decomposition gases" means gases produced by chemical 
  2.15  or microbial activity during the decomposition of solid waste. 
  2.16     (g) "Environmental response action" means response action 
  2.17  at a qualified facility, including corrective action, closure, 
  2.18  postclosure care; contingency action; environmental studies, 
  2.19  including remedial investigations and feasibility studies; 
  2.20  engineering, including remedial design; removal; remedial 
  2.21  action; site construction; and other similar cleanup-related 
  2.22  activities.  
  2.23     (h) "Environmental response costs" means: 
  2.24     (1) costs of environmental response action, not including 
  2.25  legal or administrative expenses; and 
  2.26     (2) costs required to be paid to the federal government 
  2.27  under section 107(a) of the federal Superfund Act, as amended. 
  2.28     (i) "Postclosure" or "postclosure care" means actions taken 
  2.29  for the care, maintenance, and monitoring of closure actions at 
  2.30  a mixed municipal solid waste disposal facility. 
  2.31     (j) "Qualified facility" means a mixed municipal solid 
  2.32  waste disposal facility, including adjacent property used for 
  2.33  solid waste disposal, that: 
  2.34     (1) is or was permitted by the agency; 
  2.35     (2) stopped accepting solid waste, except demolition 
  2.36  debris, for disposal by April 9, 1994, unless it is solely the 
  3.1   adjacent property that continued to accept solid waste after 
  3.2   that date; and 
  3.3      (3) stopped accepting demolition debris for disposal by 
  3.4   June 1, 1994, except that demolition debris may be accepted 
  3.5   until May 1, 1995, at a permitted area where disposal of 
  3.6   demolition debris is allowed, if the area where the demolition 
  3.7   debris is deposited is at least 50 feet from the fill boundary 
  3.8   of the area where mixed municipal solid waste was deposited. 
  3.9      Sec. 2.  [EFFECTIVE DATE.] 
  3.10     Section 1 is effective on the day following final enactment.