HF 2802

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to solid waste; prohibiting open burning of solid waste; amending
Minnesota Statutes 2006, sections 17.135; 88.171, subdivision 4.

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

Section 1.

Minnesota Statutes 2006, section 17.135, is amended to read:

17.135 FARM DISPOSAL OF SOLID WASTE.

new text begin Subdivision 1. new text end

new text begin Exemption. new text end

(a) A permit is not required from a state agency, except
under sections 88.16, 88.17, and 88.22 for a person who owns or operates land used for
farming that buries, or burns and buries, solid waste generated from the person's household
or as part of the person's farming operation if the burying is done in a nuisance-free,
pollution-free, and aesthetic manner on the land used for farming. This exception does
not apply if regularly scheduled pickup of solid waste is reasonably available at the
person's farm, as determined by resolution of the county board of the county where the
person's farm is located.

(b) This exemption does not apply to burning tires or plastics, except plastic baling
twine, or to burning or burial of the following materials:

(1) household hazardous waste as defined in section 115A.96, subdivision 1;

(2) appliances, including but not limited to, major appliances as defined in section
115A.03, subdivision 17a;

(3) household batteries;

(4) used motor oil; and

(5) lead acid batteries from motor vehicles.

new text begin Subd. 2. new text end

new text begin Expiration. new text end

new text begin This section expires January 1, 2010.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2006, section 88.171, subdivision 4, is amended to read:

Subd. 4.

deleted text begin Industrial deleted text end Solid waste.

(a) No person shall conduct, cause, or permit
open burning of solid waste generated from new text begin a household, new text end an industrial or manufacturing
process new text begin , new text end or deleted text begin from deleted text end a service or commercial structure.

(b) The commissioner may allow open burning of raw untreated wood if the
commissioner determines that reuse, recycling, or land disposal is not a feasible or prudent
alternative.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2010.
new text end