HF 1900

as introduced - 90th Legislature (2017 - 2018) Posted on 03/03/2017 08:59am

A bill for an act
relating to environment; enabling landfill to enter closed landfill program under
certain conditions; amending Minnesota Statutes 2016, sections 115B.39,
subdivision 2; 115B.40, subdivision 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 115B.39, subdivision 2, is amended to read:

Subd. 2.

Definitions.

(a) In addition to the definitions in this subdivision, the definitions
in sections 115A.03 and 115B.02 apply to sections 115B.39 to 115B.445, except as
specifically modified in this subdivision.

(b) "Cleanup order" means a consent order between responsible persons and the agency
or an order issued by the United States Environmental Protection Agency under section 106
of the federal Superfund Act.

(c) "Closure" means actions to prevent or minimize the threat to public health and the
environment posed by a mixed municipal solid waste disposal facility that has stopped
accepting waste by controlling the sources of releases or threatened releases at the facility.
"Closure" includes removing contaminated equipment and liners; applying final cover;
grading and seeding final cover; installing wells, borings, and other monitoring devices;
constructing groundwater and surface water diversion structures; and installing gas control
systems and site security systems, as necessary. The commissioner may authorize use of
final cover that includes processed materials that meet the requirements in Code of Federal
Regulations, title 40, section 503.32, paragraph (a).

(d) "Closure upgrade" means construction activity that will, at a minimum, modify an
existing cover so that it satisfies current rule requirements for mixed municipal solid waste
land disposal facilities.

(e) "Contingency action" means organized, planned, or coordinated courses of action to
be followed in case of fire, explosion, or release of solid waste, waste by-products, or
leachate that could threaten human health or the environment.

(f) "Corrective action" means steps taken to repair facility structures including liners,
monitoring wells, separation equipment, covers, and aeration devices and to bring the facility
into compliance with design, construction, groundwater, surface water, and air emission
standards.

(g) new text begin "Custodial" or "custodial care" means actions taken for the care, maintenance, and
monitoring of closure actions at a mixed municipal solid waste disposal facility after
completion of the postclosure period.
new text end

new text begin (h) new text end "Decomposition gases" means gases produced by chemical or microbial activity
during the decomposition of solid waste.

deleted text begin (h) deleted text end new text begin (i) new text end "Dump materials" means nonhazardous mixed municipal solid wastes disposed
at a Minnesota waste disposal site other than a qualified facility prior to 1973.

deleted text begin (i) deleted text end new text begin (j) new text end "Environmental response action" means response action at a qualified facility,
including corrective action, closure, postclosure care; contingency action; environmental
studies, including remedial investigations and feasibility studies; engineering, including
remedial design; removal; remedial action; site construction; and other similar cleanup-related
activities.

deleted text begin (j) deleted text end new text begin (k) new text end "Environmental response costs" means:

(1) costs of environmental response action, not including legal or administrative expenses;
and

(2) costs required to be paid to the federal government under section 107(a) of the federal
Superfund Act, as amended.

deleted text begin (k) deleted text end new text begin (l) new text end "Postclosure" or "postclosure care" means actions taken for the care, maintenance,
and monitoring of closure actions at a mixed municipal solid waste disposal facility.

deleted text begin (l) deleted text end new text begin (m) new text end "Qualified facility" means a mixed municipal solid waste disposal facility as
described in the most recent agency permit, including adjacent property used for solid waste
disposal that did not occur under a permit from the agency, that:

(1)(i) is or was permitted by the agency;

(ii) stopped accepting solid waste, except demolition debris, for disposal by April 9,
1994; and

(iii) stopped accepting demolition debris for disposal by June 1, 1994, except that
demolition debris may be accepted until May 1, 1995, at a permitted area where disposal
of demolition debris is allowed, if the area where the demolition debris is deposited is at
least 50 feet from the fill boundary of the area where mixed municipal solid waste was
deposited; deleted text begin or
deleted text end

(2) is or was permitted by the agency deleted text begin ; deleted text end and

(i) stopped accepting waste by January 1, 2000, except that demolition debris, industrial
waste, and municipal solid waste combustor ash may be accepted until January 1, 2001, at
a permitted area where disposal of such waste is allowed, if the area where the waste is
deposited is at least 50 feet from the fill boundary of the area where mixed municipal solid
waste was deposited; or

(ii) stopped accepting waste by January 1, 2019, and is located in a county that meets
all applicable recycling goals in section 115A.551 and that has arranged for all mixed
municipal solid waste generated in the county to be delivered to and processed by a resource
recovery facility located in the county for at least 20 years deleted text begin . deleted text end new text begin ; or
new text end

new text begin (3) is or was permitted by the agency and stopped accepting mixed municipal solid waste
and industrial waste for disposal by January 1, 2009, and for which the postclosure care
period ended on July 26, 2013.
new text end

Sec. 2.

Minnesota Statutes 2016, section 115B.40, subdivision 4, is amended to read:

Subd. 4.

Qualified facility not under cleanup order; duties.

(a) The owner or operator
of a qualified facility that is not subject to a cleanup order shall:

(1) complete closure activities at the facility, or enter into a binding agreement with the
commissioner to do so, as provided in paragraph (e), within one year from the date the
owner or operator is notified by the commissioner under subdivision 3 of the closure activities
that are necessary to properly close the facility in compliance with facility's permit, closure
orders, or enforcement agreement with the agency, and with the solid waste rules in effect
at the time the facility stopped accepting waste;

(2) undertake or continue postclosure new text begin or custodial new text end care at the facility until the date of
notice of compliance under subdivision 7;

(3) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph
deleted text begin (l) deleted text end new text begin (m) new text end , clause (1), transfer to the commissioner of revenue for deposit in the remediation
fund established in section 116.155 any funds required for proof of financial responsibility
under section 116.07, subdivision 4h, that remain after facility closure and any postclosure
care and response action undertaken by the owner or operator at the facility including, if
proof of financial responsibility is provided through a letter of credit or other financial
instrument or mechanism that does not accumulate money in an account, the amount that
would have accumulated had the owner or operator utilized a trust fund, less any amount
used for closure, postclosure care, and response action at the facility; deleted text begin and
deleted text end

(4) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph
deleted text begin (l) deleted text end new text begin (m) new text end , clause (2), transfer to the commissioner of revenue for deposit in the remediation
fund established in section 116.155 an amount of cash that is equal to the sum of their
approved current contingency action cost estimate and the present value of their approved
estimated remaining postclosure care costs required for proof of financial responsibility
under section 116.07, subdivision 4h deleted text begin . deleted text end new text begin ; and
new text end

new text begin (5) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph
(m), clause (3), transfer to the commissioner of revenue for deposit in the remediation fund
established in section 116.155 an amount of cash that is equal to any funds required for
proof of financial responsibility under section 116.07, subdivision 4h, that remain after
facility closure and any postclosure and custodial care and response action undertaken by
the owner or operator at the facility have been reimbursed.
new text end

(b) The owner or operator of a qualified facility that is not subject to a cleanup order
shall:

(1) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph
deleted text begin (l) deleted text end new text begin (m) new text end , clause (1), provide the commissioner with a copy of all applicable comprehensive
general liability insurance policies and other liability policies relating to property damage,
certificates, or other evidence of insurance coverage held during the life of the facility; and

(2) enter into a binding agreement with the commissioner to:

(i) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph
deleted text begin (l) deleted text end new text begin (m) new text end , clause (1), take any actions necessary to preserve the owner or operator's rights to
payment or defense under insurance policies included in clause (1); cooperate with the
commissioner in asserting claims under the policies; and, within 60 days of a request by
the commissioner, but no earlier than July 1, 1996, assign only those rights under the policies
related to environmental response costs;

(ii) cooperate with the commissioner or other persons acting at the direction of the
commissioner in taking additional environmental response actions necessary to address
releases or threatened releases and to avoid any action that interferes with environmental
response actions, including allowing entry to the property and to the facility's records and
allowing entry and installation of equipment; and

(iii) refrain from developing or altering the use of property described in any permit for
the facility except after consultation with the commissioner and in conformance with any
conditions established by the commissioner for that property, including use restrictions, to
protect public health and welfare and the environment.

(c) The owner or operator of a qualified facility defined in section 115B.39, subdivision
2, paragraph deleted text begin (l) deleted text end new text begin (m) new text end , clause (1), that is a political subdivision may use a portion of any funds
established for response at the facility, which are available directly or through a financial
instrument or other financial arrangement, for closure or postclosure care at the facility if
funds available for closure or postclosure care are inadequate and shall assign the rights to
any remainder to the commissioner.

(d) The agreement required in paragraph (b), clause (2), must be in writing and must
apply to and be binding upon the successors and assigns of the owner. The owner shall
record the agreement, or a memorandum approved by the commissioner that summarizes
the agreement, with the county recorder or registrar of titles of the county where the property
is located.

(e) A binding agreement entered into under paragraph (a), clause (1), may include a
provision that the owner or operator will reimburse the commissioner for the costs of closing
the facility to the standard required in that clause.

Sec. 3. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin In Minnesota Statutes and Minnesota Rules, the revisor of statutes shall replace all
references to Minnesota Statutes, section 115B.39, subdivision 2, paragraph (l), with
Minnesota Statutes, section 115B.39, subdivision 2, paragraph (m), and shall make all other
necessary changes to preserve the meaning of the text and to conform with the paragraph
relettering in this act.
new text end