SF 340

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 02/24/2015 08:57am

A bill for an act
relating to environment; requiring local approval before issuance of state disposal
facility permit; amending Minnesota Statutes 2014, section 116.07, subdivision 4j.

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

Section 1.

Minnesota Statutes 2014, 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 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 applicable local units of government have either:
new text end

new text begin (1) granted approval for the new or expanded facility; or
new text end

new text begin (2) authorized the permit to be issued prior to or concurrent with approval by the
local unit of government.
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