HF 2496

as introduced - 87th Legislature (2011 - 2012) Posted on 02/27/2012 01:04pm

A bill for an act
relating to environment; requiring local approval before issuance of state
disposal facility permit; amending Minnesota Statutes 2010, section 116.07,
subdivision 4j.

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

Section 1.

Minnesota Statutes 2010, section 116.07, subdivision 4j, is amended to read:

Subd. 4j.

Permits; solid waste facilities.

(a) The agency may not issue a permit
for new or additional capacity for a mixed municipal solid waste resource recovery or
disposal facility as defined in section 115A.03 unless each county using or projected in
the permit to use the facility has in place a solid waste management plan approved under
section 115A.46 or 473.803 and amended as required by section 115A.96, subdivision 6.
The agency shall issue the permit only if the capacity of the facility is consistent with the
needs for resource recovery or disposal capacity identified in the approved plan or plans.
Consistency must be determined by the Pollution Control Agency. Plans approved before
January 1, 1990, need not be revised if the capacity sought in the permit is consistent
with the approved plan or plans.

(b) The agency shall require as part of the permit application for a waste incineration
facility identification of preliminary plans for ash management and ash leachate treatment
or ash utilization. The permit issued by the agency must include requirements for ash
management and ash leachate treatment.

(c) Within 30 days of receipt by the agency of a permit application for a solid waste
facility, the commissioner shall notify the applicant in writing whether the application
is complete and if not, what items are needed to make it complete, and shall give an
estimate of the time it will take to process the application. Within 180 days of receipt of
a completed application, the agency shall approve, disapprove, or delay decision on the
application, with reasons for the delay, in writing.

new text begin (d) The agency may not issue a permit for a new disposal facility, as defined in
section 115A.03, subdivision 10, or a permit to expand an existing disposal facility until
all required local approval has been granted for the new or expanded facility.
new text end