as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to the environment; modifying the Waste 1.3 Management Act to provide greater flexibility for 1.4 counties; providing increased solid waste management 1.5 assistance to counties; providing for the 1.6 redistribution of SCORE funds by the commissioner of 1.7 revenue; modifying requirements for preparation of 1.8 solid waste management plans; repealing certificate of 1.9 need requirement; clarifying certain solid waste 1.10 statutes and rules; amending Minnesota Statutes 2000, 1.11 sections 115A.02; 115A.03, subdivisions 25, 27, and 1.12 36a; 115A.411, subdivision 2; 115A.45; 115A.46, 1.13 subdivisions 1, 2, and 5; 115A.49; 115A.51; 115A.52; 1.14 115A.54, subdivision 2a; 115A.541; 115A.55, 1.15 subdivision 1; 115A.552, subdivision 2; 115A.557; 1.16 115A.908, subdivision 2; 115A.916; 115A.919, 1.17 subdivision 1; 115A.93, subdivision 3; 115A.9301, 1.18 subdivision 4; 115A.94, by adding a subdivision; 1.19 115B.412, by adding a subdivision; 116.02, 1.20 subdivisions 1 and 9; 116.03, subdivision 2; 116.07, 1.21 subdivision 4j; 297H.13, subdivision 2; 473.149, 1.22 subdivision 3; and 473.811, subdivision 4a; proposing 1.23 coding for new law in Minnesota Statutes, chapters 1.24 115A; and 116; repealing Minnesota Statutes 2000, 1.25 sections 115A.5501; 115A.917; and 473.823, subdivision 1.26 6. 1.27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.28 Section 1. Minnesota Statutes 2000, section 115A.02, is 1.29 amended to read: 1.30 115A.02 [LEGISLATIVE DECLARATION OF POLICY; PURPOSES.] 1.31 (a) It is the goal of this chapter to protect the state's 1.32 land, air, water, and other natural resources and the public 1.33 health by improving waste management in the state to serve the 1.34 following purposes: 1.35 (1) reduction in the amount and toxicity of waste 1.36 generated; 2.1 (2) separation and recovery of materials and energy from 2.2 waste; 2.3 (3) reduction in indiscriminate dependence on disposal of 2.4 waste; 2.5 (4) coordination of solid waste management among political 2.6 subdivisions; and 2.7 (5) orderly and deliberate development and financial 2.8 security of waste facilities including disposal facilities. 2.9 (b) The waste management goal of the state is to foster an 2.10 integrated waste management system in a manner appropriate to 2.11 the characteristics of the waste stream and thereby protect the 2.12 state's land, air, water, and other natural resources and the 2.13 public health. The following waste management practices are in 2.14 order of preference: 2.15 (1) waste reduction and reuse; 2.16 (2) waste recycling; 2.17 (3) composting of yard waste and food waste; and 2.18 (4)resource recovery through mixed municipal solid waste2.19composting or incineration;any other environmentally protective 2.20 waste management practice permitted by the state. 2.21(5) land disposal which produces no measurable methane gas2.22or which involves the retrieval of methane gas as a fuel for the2.23production of energy to be used on-site or for sale; and2.24(6) land disposal which produces measurable methane and2.25which does not involve the retrieval of methane gas as a fuel2.26for the production of energy to be used on-site or for sale.2.27 (c) It is the policy of the state that state goals for 2.28 waste management must not be achieved by imposing mandates on 2.29 local units of government relating to waste processing and other 2.30 methodologies or deadlines without state funding of full-cycle 2.31 costs and a defensive cost-benefit analysis. 2.32 Sec. 2. Minnesota Statutes 2000, section 115A.03, 2.33 subdivision 25, is amended to read: 2.34 Subd. 25. [PROCESSING.] "Processing" meansthe treatment2.35of waste after collection and before disposal. Processing2.36includes but is not limited to reduction, storage, separation,3.1exchange, resource recovery, physical, chemical, or biological3.2modification, and transfer from one waste facility to3.3anotherany activity that supports resource conservation. 3.4 Sec. 3. Minnesota Statutes 2000, section 115A.03, 3.5 subdivision 27, is amended to read: 3.6 Subd. 27. [RESOURCE RECOVERY.] "Resource recovery" means 3.7 the reclamation for sale, use, or reuse of materials, 3.8 substances, energy, or other products contained within or 3.9 derived from waste. It includes, but is not limited to, 3.10 reclamation through waste-to-energy processes, municipal solid 3.11 waste composting, bioreactor landfills, leachate recirculation, 3.12 landfill gas extraction, reuse, and recycling. 3.13 Sec. 4. Minnesota Statutes 2000, section 115A.03, 3.14 subdivision 36a, is amended to read: 3.15 Subd. 36a. [WASTE MANAGEMENT METHOD CHOSEN BY A COUNTY.] 3.16 "Waste management method chosen by a county" means: 3.17 (1) a waste management method that is mandated for waste 3.18 generated in the county by section 115A.415, 473.848, 473.849, 3.19 or other state law, or by county ordinance based on the county 3.20 solid waste management plan developed, adopted, and 3.21approvedreviewed under section 115A.46or, approved under 3.22 section 458D.05, or the county solid waste management master 3.23 plan developed, adopted, and approved under section 473.803; or 3.24 (2) a waste management facility or facilities, developed 3.25 under the county solid waste management plan or master plan, to 3.26 which solid waste generated in a county is directed by an 3.27 ordinance developed, adopted, and approved under sections 3.28 115A.80 to 115A.893. 3.29 Sec. 5. [115A.0712] [POLICY; ENERGY PRODUCTION.] 3.30 It is the policy of the state of Minnesota that energy 3.31 production from waste is of overall benefit to the environment 3.32 as a renewable energy alternative to fossil fuels and should be 3.33 eligible for carbon credits under any federal legislation that 3.34 allows such credits. 3.35 The director shall make environmental assistance grants 3.36 available to users of active gas extraction technology and shall 4.1 disseminate information to potential applicants on the 4.2 availability of these grants. 4.3 Sec. 6. Minnesota Statutes 2000, section 115A.411, 4.4 subdivision 2, is amended to read: 4.5 Subd. 2. [CONTENTS.] (a) The report must also include: 4.6 (1) a summary of the current status of solid waste 4.7 management, including the amount of solid waste generated, the 4.8 manner in which it is collected, processed, and disposed, the 4.9 extent of separation, recycling, reuse, and recovery of solid 4.10 waste, and the facilities available or under development to 4.11 manage the waste; 4.12 (2) an evaluation of the extentand, effectiveness, and 4.13 economic feasibility of implementation and an assessment of 4.14 progress in accomplishing state policies, goals, and objectives, 4.15 including those listed in paragraph (b); 4.16 (3) identification of issues requiring further research, 4.17 study, and action, the appropriate scope of the research, study, 4.18 or action, the state agency or political subdivision that should 4.19 implement the research, study, or action, and a schedule for 4.20 completion of the activity;and4.21 (4) recommendations for establishing or modifying state 4.22 solid waste management policies, authorities, and programs; 4.23 (5) identification of counties' share of expenditures in 4.24 comparison to state expenditures in meeting state waste 4.25 management goals; and 4.26 (6) recognition of private sector contributions in meeting 4.27 state waste management goals. 4.28 (b) Beginning in 1997, and every sixth year thereafter, the 4.29 report shall be expanded to include the metropolitan area solid 4.30 waste policy plan required in section 473.149, subdivision 1, 4.31 and strategies for the office to advance the goals of this 4.32 chapter, to manage waste as a resource, to further reduce the 4.33 need for expenditures on resource recovery and disposal 4.34 facilities, and to further reduce long-term environmental and 4.35 financial liabilities. The expanded report must include 4.36 strategies for: 5.1 (1) achieving the maximum feasible reduction in waste 5.2 generation; 5.3 (2) encouraging manufacturers to design products that 5.4 eliminate or reduce the adverse environmental impacts of 5.5 resource extraction, manufacturing, use, and waste processing 5.6 and disposal; 5.7 (3) educating businesses, public entities, and other 5.8 consumers about the need to consider the potential environmental 5.9 and financial impacts of purchasing products that may create a 5.10 liability or that may be expensive to recycle or manage as 5.11 waste, due to the presence of toxic or hazardous components; 5.12 (4) eliminating or reducing toxic or hazardous components 5.13 in compost from municipal solid waste composting facilities, in 5.14 ash from municipal solid waste incinerators, and in leachate and 5.15 air emissions from municipal solid waste landfills, in order to 5.16 reduce the potential liability of waste generators, facility 5.17 owners and operators, and taxpayers; 5.18 (5) encouraging the source separation of materials to the 5.19 extent practicable, so that the materials are most appropriately 5.20 managed and to ensure that resources that can be reused or 5.21 recycled are not disposed of or destroyed; and 5.22 (6) maximizing the efficiency of the waste management 5.23 system by managing waste and recyclables close to the point of 5.24 generation, taking into account the characteristics of the 5.25 resources to be recovered from the waste and the type and 5.26 capacity of local facilities. 5.27 Sec. 7. [115A.414] [ACCOUNTING TO BE POSTED ON WEB SITE.] 5.28 The office of environmental assistance, in cooperation with 5.29 the pollution control agency and counties, must compile a 5.30 detailed financial accounting of office, agency, and county 5.31 revenue and expenditures relating to solid waste. Counties must 5.32 submit data annually for this accounting as directed by the 5.33 office. The first report must be made available on the office's 5.34 Internet site by September 1, 2001, and revised by September 1 5.35 of each year thereafter. 5.36 Sec. 8. Minnesota Statutes 2000, section 115A.45, is 6.1 amended to read: 6.2 115A.45 [TECHNICAL ASSISTANCE.] 6.3 The director shall provide for technical assistance to 6.4 encourage and improve solid waste management and to assist 6.5 political subdivisions in preparing the plans described in 6.6 section 115A.46, with emphasis on assistance to political 6.7 subdivisions through staff located in regional offices. The 6.8 director shall provide model plans for regional and local solid 6.9 waste management. The director may contract for the delivery of 6.10 technical assistance by a regional development commission, any 6.11 state or federal agency, private consultants, or other persons. 6.12 The director shall prepare and publish an inventory of sources 6.13 of technical assistance for solid waste planning, including 6.14 studies, publications, agencies, and persons available. 6.15 Sec. 9. Minnesota Statutes 2000, section 115A.46, 6.16 subdivision 1, is amended to read: 6.17 Subdivision 1. [GENERAL.] (a) Plans shall address the 6.18 state policies and purposes expressed in section 115A.02 and may 6.19 not be inconsistent with state law. 6.20 (b) Plans for the location, establishment, operation, 6.21 maintenance, and postclosure use of facilities and facility 6.22 sites, for ordinances, and for licensing, permit, and 6.23 enforcement activities shall be consistent with the rules 6.24 adopted by the agency pursuant to chapter 116. 6.25 (c) Plans shall address: 6.26 (1) the resolution of conflicting, duplicative, or 6.27 overlapping local management efforts; 6.28 (2) the establishment of joint powers management programs 6.29 or waste management districts where appropriate; and 6.30 (3) other matters as the rules of the office may require 6.31 consistent with the purposes of sections 115A.42 to 115A.46. 6.32 (d) Political subdivisions preparing plans under sections 6.33 115A.42 to 115A.46 shall consult with persons presently 6.34 providing solid waste collection, processing, and disposal 6.35 services. 6.36 (e) Plans must be submitted to the director forapproval7.1 review. When a county board is ready to have a final 7.2 planapprovedreviewed, the county board shall submit a 7.3 resolution requesting reviewand approvalby the director. 7.4 After receiving the resolution, the director shall notify the 7.5 county within 45 days whether the plan as submitted is complete 7.6 and, if not complete, the specific items that need to be 7.7 submitted to make the plan complete. Within 90 days after a 7.8 complete plan has been submitted, the director shallapprove or7.9disapproveissue findings on the plan.If the plan is7.10disapproved, reasons for the disapproval must be provided.The 7.11 county board may revise its plan to comply with the director's 7.12 findings. The plan is final upon its adoption by the county 7.13 board. 7.14 (f)After initial approval,Each plan must be updated and 7.15 submitted forapprovalreview everyfiveten years after the 7.16 date of adoption. The plan must be revised as necessary so that 7.17 it is not inconsistent with state law. 7.18 Sec. 10. Minnesota Statutes 2000, section 115A.46, 7.19 subdivision 2, is amended to read: 7.20 Subd. 2. [CONTENTS.] (a) The plans shall describe existing 7.21 collection, processing, and disposal systems, including 7.22 schedules of rates and charges, financing methods, environmental 7.23 acceptability, and opportunities for improvements in the systems. 7.24 (b) The plans shall include an estimate of the land 7.25 disposal capacity in acre-feet which will be needed through the 7.26 year 2000, on the basis of current and projected waste 7.27 generation practices. In assessing the need for additional 7.28 capacity for resource recovery or land disposal, the plans shall 7.29 take into account the characteristics of waste stream components 7.30 and shall give priority to waste reduction, separation, and 7.31 recycling. 7.32 (c) The plans shall require the most feasible and prudent 7.33 reduction of the need for and practice of land disposal of mixed 7.34 municipal solid waste. 7.35 (d) The plans shall address at least waste reduction, 7.36 separation, recycling, and other resource recovery options, and 8.1 shall include specific and quantifiable objectives, immediately 8.2 and over specified time periods, for reducing the land disposal 8.3 of mixed municipal solid waste and for the implementation of 8.4 feasible and prudent reduction, separation, recycling, and other 8.5 resource recovery options. These objectives shall be consistent 8.6 with statewide objectives as identified in statute. The plans 8.7 shall describe methods for identifying the portions of the waste 8.8 stream such as leaves, grass, clippings, tree and plant residue, 8.9 and paper for application and mixing into the soil and use in 8.10 agricultural practices. The plans shall describe specific 8.11 functions to be performed and activities to be undertaken to 8.12 achieve the abatement, reduction, separation, recycling, and 8.13 other resource recovery objectives and shall describe the 8.14 estimated cost, proposed manner of financing, and timing of the 8.15 functions and activities. The plans shall describe proposed 8.16 mechanisms for complying with the recycling requirements of 8.17 section 115A.551, and the household hazardous waste management 8.18 requirements of section 115A.96, subdivision 6. 8.19 (e) The plans shall include a comparison of the costs of 8.20 the activities to be undertaken, including capital and operating 8.21 costs, and the effects of the activities on the cost to 8.22 generators and on persons currently providing solid waste 8.23 collection, processing, and disposal services. The plans shall 8.24 include alternatives which could be used to achieve the 8.25 abatement objectives if the proposed functions and activities 8.26 are not established. 8.27 (f) The plans shall designate how local public education 8.28 initiatives shall be accomplished to address solid waste 8.29 management. The plans shall, to the extent practicable and 8.30 consistent with the achievement of other public policies and 8.31 purposes, encourage ownership and operation of solid waste 8.32 facilities by private industry. For solid waste facilities 8.33 owned or operated by public agencies or supported primarily by 8.34 public funds or obligations issued by a public agency, the plans 8.35 shall include criteria and standards to protect comparable 8.36 private and public facilities already existing in the area from 9.1 displacement unless the displacement is required in order to 9.2 achieve the waste management objectives identified in the plan. 9.3 (g) The plans shall establish a siting procedure and 9.4 development program to assure the orderly location, development, 9.5 and financing of new or expanded solid waste facilities and 9.6 services sufficient for a prospective ten-year period, including 9.7 estimated costs and implementation schedules, proposed 9.8 procedures for operation and maintenance, estimated annual costs 9.9 and gross revenues, and proposals for the use of facilities 9.10 after they are no longer needed or usable. 9.11 (h) The plans shall describe existing and proposed county 9.12 and municipal ordinances and license and permit requirements 9.13 relating to solid waste management and shall describe existing 9.14 and proposed regulation and enforcement procedures. 9.15 Sec. 11. Minnesota Statutes 2000, section 115A.46, 9.16 subdivision 5, is amended to read: 9.17 Subd. 5. [JURISDICTION OF PLAN.] (a) After a county plan 9.18 has beensubmitted for approvaladopted under subdivision 1, a 9.19 public entity, as defined in section 16B.122, subdivision 1, 9.20 within the county may not enter into a binding agreement 9.21 governing a solid waste management activity that is inconsistent 9.22 with the county plan without the consent of the county. 9.23 (b) After a county plan has beenapprovedadopted under 9.24 subdivision 1, the plan governs all solid waste management in 9.25 the county and a public entity, as defined in section 16B.122, 9.26 subdivision 1, within the county may not develop or implement a 9.27 solid waste management activity, other than an activity to 9.28 reduce waste generation or reuse waste materials, that is 9.29 inconsistent with the county plan that the county is actively 9.30 implementing without the consent of the county. 9.31 Sec. 12. Minnesota Statutes 2000, section 115A.49, is 9.32 amended to read: 9.33 115A.49 [ESTABLISHMENT; PURPOSES AND PRIORITIES.] 9.34 There is established a program to encourage and assist 9.35 cities, counties, solid waste management districts, and sanitary 9.36 districts in the development and implementation of solid waste 10.1 management projects and to transfer the knowledge and experience 10.2 gained from such projects to other communities in the state. 10.3 The program must be administered to encourage local communities 10.4 to develop feasible and prudent alternatives to disposal, 10.5 including waste reduction; waste separation by generators, 10.6 collectors, and other persons; and waste processing. The 10.7 director shall administer the program in accordance with the 10.8 requirements of sections 115A.49 to 115A.54 and rules 10.9 promulgated under chapter 14. In administering the program, the 10.10 director shall give priority to projects in the order of 10.11 preference of the waste management practices listed in section 10.12 115A.02 and, notwithstanding section 115A.02, paragraph (b), 10.13 waste management projects that use alternative technologies to 10.14 minimize environmental impact. The director shall give special 10.15 consideration to areas where natural geologic and soil 10.16 conditions are especially unsuitable for land disposal of solid 10.17 waste; areas where the capacity of existing solid waste disposal 10.18 facilities is determined by the director to be less than five 10.19 years; and projects serving more than one local government unit. 10.20 Sec. 13. Minnesota Statutes 2000, section 115A.51, is 10.21 amended to read: 10.22 115A.51 [APPLICATION REQUIREMENTS.] 10.23 Applications for assistance under the program shall 10.24 demonstrate: (a) that the project is conceptually and 10.25 technically feasible; (b) that affected political subdivisions 10.26 are committed to implement the project, to provide necessary 10.27 local financing, and to accept and exercise the government 10.28 powers necessary to the project; (c) that operating revenues 10.29 from the project, considering the availability and security of 10.30 sources of solid waste and of markets for recovered resources, 10.31 together with any proposed federal, state, or local financial 10.32 assistance, will be sufficient to pay all costs over the 10.33 projected life of the project; (d) that the applicant has 10.34 evaluated the feasible and prudent alternatives to disposal and 10.35 has compared and evaluated the costs of the alternatives, 10.36 including capital and operating costs, and the effects of the 11.1 alternatives on the cost to generators.The director may11.2require completion of a comprehensive solid waste management11.3plan conforming to the requirements of section 115A.46, before11.4accepting an application.11.5 Sec. 14. Minnesota Statutes 2000, section 115A.52, is 11.6 amended to read: 11.7 115A.52 [TECHNICAL ASSISTANCE FOR PROJECTS.] 11.8 The director shall ensure the delivery of technical 11.9 assistance for projects eligible under the program with emphasis 11.10 on assistance provided through staff located in regional 11.11 offices. The director may contract or issue grants for the 11.12 delivery of technical assistance by any state or federal agency, 11.13 a regional development commission, the metropolitan council, or 11.14 private consultants and may use program funds to reimburse the 11.15 agency, commission, council, or consultants. The director shall 11.16 prepare and publish an inventory of sources of technical 11.17 assistance, including studies, publications, agencies, and 11.18 persons available. The director shall ensure statewide benefit 11.19 from projects assisted under the program by developing exchange 11.20 and training programs for local officials and employees and by 11.21 using the experience gained in projects to provide technical 11.22 assistance and education for other solid waste management 11.23 projects in the state. 11.24 Sec. 15. Minnesota Statutes 2000, section 115A.54, 11.25 subdivision 2a, is amended to read: 11.26 Subd. 2a. [SOLID WASTE MANAGEMENT PROJECTS.] (a) The 11.27 director shall provide technical and financial assistance for 11.28 the acquisition and betterment of solid waste management 11.29 projects as provided in this subdivision and section 115A.52. 11.30 Money appropriated for the purposes of this subdivision must be 11.31 distributed as grants. 11.32 (b) Except as provided in paragraph (c), a project may 11.33 receive grant assistance up to 25 percent of the capital cost of 11.34 the project or $2,000,000, whichever is less, except that 11.35 projects constructed as a result of intercounty cooperative 11.36 agreements may receive (1) grant assistance up to 25 percent of 12.1 the capital cost of the project; or (2) $2,000,000 times the 12.2 number of participating counties, whichever is less. 12.3 (c) A recycling project or a project to compost or 12.4 cocompost waste may receive grant assistance up to 50 percent of 12.5 the capital cost of the project or $2,000,000, whichever is 12.6 less, except that projects completed as a result of intercounty 12.7 cooperative agreements may receive (1) grant assistance up to 50 12.8 percent of the capital cost of the project; or (2) $2,000,000 12.9 times the number of participating counties, whichever is less. 12.10 The following projects may also receive grant assistance in the 12.11 amounts specified in this paragraph: 12.12 (1) a project to improve control of or reduce air emissions 12.13 at an existing resource recovery facility; and 12.14 (2) a project to substantially increase the recovery of 12.15 materials or energy, substantially reduce the amount or toxicity 12.16 of waste processing residuals, or expand the capacity of an 12.17 existing resource recovery facility to meet the resource 12.18 recovery needs of an expanded region if each county from which 12.19 waste is or would be received has achieved a recycling rate in 12.20 excess of the goals in section 115A.551, and is implementing 12.21 aggressive waste reduction and household hazardous waste 12.22 management programs. 12.23 (d) Notwithstanding paragraph (e), the director may award 12.24 grants for transfer stations that will initially transfer waste 12.25 to landfills if the transfer stations are part of a planned 12.26 resource recovery project, the county where the planned resource 12.27 recovery facility will be located has a comprehensive solid 12.28 waste management planapproved by the director, and the solid 12.29 waste management plan proposes the development of the resource 12.30 recovery facility. If the proposed resource recovery facility 12.31 is not in place and operating within 12 years of the date of the 12.32 grant award, the recipient shall repay the grant amount to the 12.33 state. 12.34 (e) Projects without resource recovery are not eligible for 12.35 assistance. 12.36 (f) In addition to any assistance received under paragraph 13.1 (b) or (c), a project may receive grant assistance for the cost 13.2 of tests necessary to determine the appropriate pollution 13.3 control equipment for the project or the environmental effects 13.4 of the use of any product or material produced by the project. 13.5 (g) In addition to the application requirements of section 13.6 115A.51, an application for a project serving eligible 13.7 jurisdictions in only a single county must demonstrate that 13.8 cooperation with jurisdictions in other counties to develop the 13.9 project is not needed or not feasible. Each application must 13.10 also demonstrate that the project is not financially prudent 13.11 without the state assistance, because of the applicant's 13.12 financial capacity and the problems inherent in the waste 13.13 management situation in the area, particularly transportation 13.14 distances and limited waste supply and markets for resources 13.15 recovered. 13.16 (h) For the purposes of this subdivision, a "project" means 13.17 a processing facility, together with any transfer stations, 13.18 transmission facilities, and other related and appurtenant 13.19 facilities primarily serving the processing facility. The 13.20 director shall adopt rules for the program by July 1, 1985. 13.21 (i) Notwithstanding anything in this subdivision to the 13.22 contrary, a project to construct a new mixed municipal solid 13.23 waste transfer station that has an enforceable commitment of at 13.24 least ten years, or of sufficient length to retire bonds sold 13.25 for the facility, to serve an existing resource recovery 13.26 facility may receive grant assistance up to 75 percent of the 13.27 capital cost of the project if addition of the transfer station 13.28 will increase substantially the geographical area served by the 13.29 resource recovery facility and the ability of the resource 13.30 recovery facility to operate more efficiently on a regional 13.31 basis and the facility meets the criteria in paragraph (c), the 13.32 second clause (2). A transfer station eligible for assistance 13.33 under this paragraph is not eligible for assistance under any 13.34 other paragraph of this subdivision. 13.35 Sec. 16. Minnesota Statutes 2000, section 115A.541, is 13.36 amended to read: 14.1 115A.541 [PLAN;GRANT REQUIREMENT.] 14.2 The director mayapprove a plan under section 115A.46 or14.3 make a grant for a recycling facility under section 115A.54, 14.4 subdivision 2a, only if the director finds that the applicant 14.5 demonstrates a commitment to recycle materialsseparated by14.6generatorsto the extent the program is cost-effective in 14.7 meeting recycling goals. 14.8 Sec. 17. Minnesota Statutes 2000, section 115A.55, 14.9 subdivision 1, is amended to read: 14.10 Subdivision 1. [COORDINATION.] The director shall develop 14.11 and coordinate solid waste reduction programs, with emphasis on 14.12 assistance provided by staff located in regional offices, to 14.13 include at least public education, promotion of waste reduction, 14.14 and technical and financial assistance to solid waste generators. 14.15 Sec. 18. Minnesota Statutes 2000, section 115A.552, 14.16 subdivision 2, is amended to read: 14.17 Subd. 2. [RECYCLING OPPORTUNITIES.] An opportunity to 14.18 recycle must include: 14.19 (1) a local recycling center in the county and sites for 14.20 collecting recyclable materials that are located in areas 14.21 convenient for persons to use them; 14.22 (2) curbside pickup, centralized drop-off, or a local 14.23 recycling center for at least four broad types of recyclable 14.24 materials in cities with a population of 5,000 or more persons; 14.25 and 14.26 (3) monthly pickup of at least four broad types of 14.27 recyclable materials in cities of the first and second class and 14.28 cities with 5,000 or more population in the metropolitan 14.29 area unless alternative methods of recycling are provided for 14.30 these materials. 14.31 Sec. 19. Minnesota Statutes 2000, section 115A.557, is 14.32 amended to read: 14.33 115A.557 [COUNTY WASTEREDUCTION AND RECYCLINGABATEMENT 14.34 FUNDING.] 14.35 Subdivision 1. [DISTRIBUTION; FORMULA.]AnyFunds 14.36 appropriatedto the directorfor the purpose of distribution to 15.1 counties under this section must be distributed each fiscal year 15.2 by thedirectorcommissioner of revenue based on population, 15.3 except a county may not receive less than $55,000 in a fiscal 15.4 year. In order to be eligible for these funds, a county must 15.5 have spent or encumbered the money appropriated in previous 15.6 years for the purposes described in subdivision 2. For purposes 15.7 of this subdivision, "population" has the definition given in 15.8 section 477A.011, subdivision 3. A county that participates in 15.9 a multicounty district that manages solid waste and that has 15.10 responsibility for recycling programs as authorized in section 15.11 115A.552, must pass through to the districts funds received by 15.12 the county in excess of the $55,000 annual base under this 15.13 section in proportion to the population of the county served by 15.14 that district. 15.15 Subd. 2. [PURPOSES FOR WHICH MONEY MAY BE SPENT.] A county 15.16 receiving money distributed by thedirectorcommissioner of 15.17 revenue under this section may use the money only for the 15.18 development and implementation of solid waste abatement programs 15.19to:15.20(1) reduce the amount of solid waste generated;15.21(2) recycle the maximum amount of solid waste technically15.22feasible;15.23(3) create and support markets for recycled products;15.24(4) remove problem materials from the solid waste stream15.25and develop proper disposal options for them;15.26(5) inform and educate all sectors of the public about15.27proper solid waste management procedures;15.28(6) provide technical assistance to public and private15.29entities to ensure proper solid waste management; and15.30(7) provide educational, technical, and financial15.31assistance for litter prevention.and activities to promote 15.32 resource conservation as identified in a county's board-approved 15.33 solid waste management plan, but not including organized 15.34 collection as defined in section 115A.94, subdivision 1. 15.35 Subd. 3. [ELIGIBILITY TO RECEIVE MONEY.] (a) To be 15.36 eligible to receive money distributed by thedirector16.1 commissioner of revenue under this section, a county 16.2 shallwithin one year of October 4, 1989: 16.3 (1) create a separate account in its general fund to credit 16.4 the money; and 16.5 (2) set up accounting procedures to ensure that money in 16.6 the separate account is spent only for the purposes in 16.7 subdivision 2. 16.8 (b) In each following year, each county shall also: 16.9 (1) have in placean approveda solid waste management plan 16.10 or master plan including a recycling implementation strategy 16.11 under section 115A.551, subdivision 7, and a household hazardous 16.12 waste management plan under section 115A.96, subdivision 6, by 16.13 the dates specified in those provisions; 16.14 (2) submit a report by April 1 of each year to thedirector16.15 commissioner of revenue detailing for the previous calendar year: 16.16 (i) how the money was spent including, but not limited to, 16.17 specific information on the number of employees performingSCORE16.18 waste abatement planning, oversight, and administration; the 16.19 percentage of those employees' total work time allocated 16.20 toSCOREwaste abatement planning, oversight, and 16.21 administration; the specific duties and responsibilities of 16.22 those employees; and the amount of staff salary for theseSCORE16.23 waste abatement duties and responsibilities of the employees; 16.24 and (ii) the resulting gains achieved in solid waste management 16.25 practices; and 16.26 (3) provide evidence to thedirectorcommissioner of 16.27 revenue that local revenue equal to 25 percent of the 16.28 moneysoughtgranted for distribution under this section will be 16.29 spent for the purposes in subdivision 2. 16.30 (c) Thedirectorcommissioner of revenue shall withhold all 16.31 or part of the funds to be distributed to a county under this 16.32 section if the county fails to comply with this subdivision and 16.33 subdivision 2. 16.34 Subd. 4. [REPORT.] By July 1 of each odd-numbered year, 16.35 thedirectorcommissioner of revenue shall report on how the 16.36 money was spent and the resulting statewide improvements in 17.1 solid waste management to the house of representatives and 17.2 senate appropriations, finance, and environment and natural 17.3 resources committees, the finance division of the senate 17.4 committee on environment and natural resources, and the house of 17.5 representatives committee on environment and natural resources 17.6 finance. The report shall be included in the report required 17.7 under section 115A.411. 17.8 Sec. 20. Minnesota Statutes 2000, section 115A.908, 17.9 subdivision 2, is amended to read: 17.10 Subd. 2. [DEPOSIT OF REVENUE.] Revenue collected shall be 17.11 credited to the motor vehicle transfer account in the 17.12 environmental fund. As cash flow permits, the commissioner of 17.13 finance must transfer (1) $3,200,000 each fiscal year from the 17.14 motor vehicle transfer account to the environmental response, 17.15 compensation, and compliance account established in section 17.16 115B.20, of which $....... must be used for the waste tire 17.17 program; and (2) $1,200,000 each fiscal year from the motor 17.18 vehicle transfer account to the general fund. 17.19 Sec. 21. Minnesota Statutes 2000, section 115A.916, is 17.20 amended to read: 17.21 115A.916 [MOTOR VEHICLE FLUIDS AND FILTERS; PROHIBITIONS.] 17.22 (a) A person may not knowingly place motor oil, brake 17.23 fluid, power steering fluid, transmission fluid, motor oil 17.24 filters, or motor vehicle antifreeze: 17.25 (1) in solid waste or in a solid waste management facility 17.26 other than a recycling facility or a household hazardous waste 17.27 collection facility; 17.28 (2) in or on the land, unless approved by the agency; or 17.29 (3) in or on the waters of the state, in an individual 17.30 sewage treatment system as defined in section 115.55, or in a 17.31 stormwater or wastewater collection or treatment system except 17.32 as described in paragraph (c). 17.33 (b) For the purposes of this section, "antifreeze" does not 17.34 include small amounts of antifreeze contained in water used to 17.35 flush the cooling system of a vehicle after the antifreeze has 17.36 been drained and does not include deicer that has been used on 18.1 the exterior of a vehicle. 18.2 (c) A person may place waste motor vehicle antifreeze in a 18.3 wastewater collection or treatment system permitted by the 18.4 agency, unless prohibited by the operator of the system, if the 18.5 person: 18.6 (1) generates an annual average of less than 50 gallons per 18.7 month of waste motor vehicle antifreeze; and 18.8 (2) keeps records of the amount of waste antifreeze 18.9 generated. Records must be maintained on site and made 18.10 available for inspection for a minimum of three years following 18.11 generation of the waste antifreeze. 18.12 (d) Notwithstanding paragraph (a), motor oil filters and 18.13 portions of motor oil filters may be processed at a permitted 18.14 mixed municipal solid waste resource recovery facility that 18.15 directly burns the waste if:18.16(1)the facility is subject to an industrial waste 18.17 management plan that addresses management of motor oil filters 18.18 and the owner or operator of the facility can demonstrate to the 18.19 satisfaction of the commissioner that the facility is in 18.20 compliance with that plan;. 18.21(2) the facility recovers ferrous metal after incineration18.22for recycling as part of its operation; and18.23(3) the motor oil filters are collected separately from18.24mixed municipal solid waste and are not combined with it except18.25for the purpose of incinerating the waste.18.26 (e) The commissioner of the pollution control agency, in 18.27 conjunction with the director of the office of environmental 18.28 assistance, industry organizations representing automotive 18.29 repair businesses and antifreeze recycling businesses, and 18.30 environmental organizations shall work together to develop and 18.31 promote opportunities to recycle waste motor vehicle antifreeze 18.32 and to review the impact of alternative antifreeze disposal or 18.33 recycling methods on businesses and the environment. 18.34 Sec. 22. Minnesota Statutes 2000, section 115A.919, 18.35 subdivision 1, is amended to read: 18.36 Subdivision 1. [FEE.] (a) A county may impose a fee, 19.1bynot to exceed $1 per cubic yard of waste, or its equivalent, 19.2 on operators of facilities for the disposal of mixed municipal 19.3 solid waste or construction debris located within the county. 19.4 The revenue from the fees shall be credited to the county 19.5 general fund and shall be used only for landfill abatement 19.6 purposes, or costs of closure, postclosure care, and response 19.7 actions or for purposes of mitigating and compensating for the 19.8 local risks, costs, and other adverse effects of facilities. 19.9 (b) Fees for construction debris facilities may not exceed 19.10 50 cents per cubic yard. Revenues from the fees must offset any 19.11 financial assurances required by the county for a construction 19.12 debris facility. The maximum revenue that may be collected for 19.13 a construction debris facility must be determined by multiplying 19.14 the total permitted capacity of the facility by 15 cents per 19.15 cubic yard. Once the maximum revenue has been collected for a 19.16 facility, the fee may no longer be imposed. The limitation on 19.17 the fees in this paragraph and in section 115A.921, subdivision 19.18 2, are not intended to alter the liability of the facility 19.19 operator or the authority of the agency to impose financial 19.20 assurance requirements. 19.21 Sec. 23. Minnesota Statutes 2000, section 115A.93, 19.22 subdivision 3, is amended to read: 19.23 Subd. 3. [LICENSE REQUIREMENTS; PRICING BASED ON VOLUME OR 19.24 WEIGHT.] (a) A licensing authority shall require licensees to 19.25 impose charges for collection of mixed municipal solid waste 19.26 that increase with the volume or weight of the waste collected. 19.27 (b) A licensing authority may impose requirements that are 19.28 consistent with the county's solid waste policies as a condition 19.29 of receiving and maintaining a license. 19.30 (c) A licensing authority shall prohibit mixed municipal 19.31 solid waste collectors from imposing a greater charge on 19.32 residents who recycle than on residents who do not recycle. 19.33 (d) The director may exempt a licensing authority from the 19.34 requirements of paragraph (a) if the county within which the 19.35 authority is located hasan approveda solid waste management 19.36 plan that concludes that variable rate pricing is not 20.1 appropriate for that jurisdiction because it is inconsistent 20.2 with other incentives and mechanisms implemented within the 20.3 jurisdiction that are more effective in attaining the goals of 20.4 this chapter to discourage on-site disposal, littering, and 20.5 illegal dumping. 20.6 (e) In the interim between revisions to the county solid 20.7 waste management plan, the director may exempt a licensing 20.8 authority from the requirements of paragraph (a) if the director 20.9 makes the determination otherwise made by the plan in paragraph 20.10 (d) and finds that the licensing authority: 20.11 (1) operates or contracts for the operation of a 20.12 residential recycling program that collects more categories of 20.13 recyclable materials than required in section 115A.552; 20.14 (2) has a residential participation rate in its recycling 20.15 programs of at least 70 percent or in excess of the 20.16 participation rate for the county in which it is located, 20.17 whichever is greater; and 20.18 (3) is located in a county that has exceeded the recycling 20.19 goals in section 115A.551. 20.20 An exemption granted by the director in the interim between 20.21 revisions to the county solid waste management plan is only 20.22 effective until the county solid waste management plan is 20.23 revised. 20.24 Sec. 24. Minnesota Statutes 2000, section 115A.9301, 20.25 subdivision 4, is amended to read: 20.26 Subd. 4. [EXEMPTION.] (a) The director may exempt a local 20.27 government unit from the requirements of subdivision 1 if the 20.28 county within which the local government unit is located hasan20.29approveda solid waste management plan that concludes that 20.30 variable rate pricing is not appropriate for that jurisdiction 20.31 because it is inconsistent with other incentives and mechanisms 20.32 implemented within the jurisdiction that are more effective in 20.33 attaining the goals of this chapter to discourage on-site 20.34 disposal, littering, and illegal dumping. 20.35 (b) In the interim between revisions to the county solid 20.36 waste management plan, the director may exempt a local 21.1 government unit from the requirements of subdivision 1 if the 21.2 director makes the determination otherwise made by the plan in 21.3 paragraph (a) and finds that the local government unit: 21.4 (1) operates or contracts for the operation of a 21.5 residential recycling program that collects more categories of 21.6 recyclable materials than required in section 115A.552; 21.7 (2) has a residential participation rate in its recycling 21.8 programs of at least 70 percent or in excess of the 21.9 participation rate for the county in which it is located, 21.10 whichever is greater; and 21.11 (3) is located in a county that has exceeded the recycling 21.12 goals in section 115A.551. 21.13 An exemption granted by the director in the interim between 21.14 revisions to the county solid waste management plan is only 21.15 effective until the county solid waste management plan is 21.16 revised. 21.17 Sec. 25. Minnesota Statutes 2000, section 115A.94, is 21.18 amended by adding a subdivision to read: 21.19 Subd. 8. [REASONABLE COMPENSATION.] Notwithstanding 21.20 subdivision 7, if any portion of a solid waste collector's 21.21 business is displaced by organized collection due to annexation 21.22 or other use of government authority, the local unit of 21.23 government that authorized the organized collection must pay 21.24 reasonable compensation to the collector for the value of the 21.25 business that is displaced when organized collection begins. 21.26 Sec. 26. Minnesota Statutes 2000, section 115B.412, is 21.27 amended by adding a subdivision to read: 21.28 Subd. 7a. [AUDITS REQUIRED.] The legislative auditor shall 21.29 audit expenditures by the agency each even-numbered year to 21.30 ensure that money is spent for the purposes set out in sections 21.31 115B.39 to 115B.445. By February 1 of each odd-numbered year, 21.32 the auditor shall distribute copies of the audit findings to the 21.33 committees of the legislature with jurisdiction over the 21.34 environment and environmental finance and shall make the report 21.35 available on its Internet site. The auditor may bill the agency 21.36 for the cost of the audit. All collections received for the 22.1 audits must be deposited in the general fund. 22.2 Sec. 27. Minnesota Statutes 2000, section 116.02, 22.3 subdivision 1, is amended to read: 22.4 Subdivision 1. A pollution control agency, designated as 22.5 the Minnesota pollution control agency, is hereby created. The 22.6 agency shall consist ofthe commissioner and eightnine members 22.7 appointed by the governor, by and with the advice and consent of 22.8 the senate. The commissioner is not a member of the agency. 22.9 One of such members shall be a person knowledgeable in the field 22.10 of agriculture and one shall be representative of organized 22.11 labor. 22.12 Sec. 28. Minnesota Statutes 2000, section 116.02, 22.13 subdivision 9, is amended to read: 22.14 Subd. 9. The commissioner shall inform interested persons 22.15 as appropriate in public notices and other public documents of 22.16 their right to request the agency to make decisions in specific 22.17 matters provided in subdivision 6 and the right of agency 22.18 members to request that decisions be made by the agency as 22.19 provided in subdivision 8. The commissioner shall also 22.20 regularly inform the agency and interested persons of activities 22.21 that have broad policy implications or potential environmental 22.22 significance and of activities in which the public has exhibited 22.23 substantial interest, including annual budget and legislative 22.24 initiatives during their development and prior to the agency's 22.25 formal submittal of annual budget requests and legislative 22.26 proposals. 22.27 Sec. 29. Minnesota Statutes 2000, section 116.03, 22.28 subdivision 2, is amended to read: 22.29 Subd. 2. [ORGANIZATION OF OFFICE.] The commissioner shall 22.30 organize the agency and employ such assistants and other 22.31 officers, employees and agents as the commissioner may deem 22.32 necessary to discharge the functions of the commissioner's 22.33 office, define the duties of such officers, employees and 22.34 agents, and delegate to them any of the commissioner's powers, 22.35 duties, and responsibilities, subject to the commissioner's 22.36 control and under such conditions as the commissioner may 23.1 prescribe. The commissioner may also contract with persons, 23.2 firms, corporations, the federal government and any agency or 23.3 instrumentality thereof, the water research center of the 23.4 University of Minnesota or any other instrumentality of such 23.5 university, for doing any of the work of the commissioner's 23.6 office, andnone ofneither section 43A.047, relating to 23.7 contracted services, nor the provisions of chapter 16C, relating 23.8 to bids, shall apply to such contracts. 23.9 Sec. 30. Minnesota Statutes 2000, section 116.07, 23.10 subdivision 4j, is amended to read: 23.11 Subd. 4j. [PERMITS; SOLID WASTE FACILITIES.] (a) The 23.12 agency may not issue a permit for new or additional capacity for 23.13 a mixed municipal solid waste resource recovery or disposal 23.14 facility as defined in section 115A.03 unless each county using 23.15 or projected in the permit to use the facility has in place a 23.16 solid waste management planapprovedreviewed under section 23.17 115A.46 or approved under 473.803 and amended as required by 23.18 section 115A.96, subdivision 6. The agency shall issue the 23.19 permit only if the capacity of the facility is consistent with 23.20 the needs for resource recovery or disposal capacity identified 23.21 in the approved plan or plans. Consistency must be determined 23.22 by the office of environmental assistance. Plans approved 23.23 before January 1, 1990, need not be revised if the capacity 23.24 sought in the permit is consistent with the approved plan or 23.25 plans. 23.26 (b) The agency shall require as part of the permit 23.27 application for a waste incineration facility identification of 23.28 preliminary plans for ash management and ash leachate 23.29treatmentmanagement or ash utilization. The permit issued by 23.30 the agency must include requirements for ash management and ash 23.31 leachatetreatmentor ash utilization. 23.32 (c) Within 30 days of receipt by the agency of a permit 23.33 application for a solid waste facility, the commissioner shall 23.34 notify the applicant in writing whether the application is 23.35 complete and if not, what items are needed to make it complete, 23.36 and shall give an estimate of the time it will take to process 24.1 the application. Within18090 days of receipt of a completed 24.2 application, the agency shall approve,or disapprove, or delay24.3decision onthe application, with reasons for the 24.4delaydisapproval, in writing. 24.5 Sec. 31. [116.156] [DISPUTES AND MEDIATION.] 24.6 Subdivision 1. [FILING.] In the event of a dispute between 24.7 a person or local unit of government and the agency or the 24.8 office of environmental assistance, an aggrieved party may file 24.9 a written request for mediation, as provided in subdivision 2, 24.10 with the bureau of mediation services at any time prior to a 24.11 final action by the agencies or office. 24.12 Subd. 2. [MEDIATION.] Within ten days of receiving a 24.13 request for mediation in subdivision 1, the bureau of mediation 24.14 services shall provide written notice of the request for 24.15 mediation to the parties and provide a list of neutrals 24.16 experienced in environmental issues obtained from the supreme 24.17 court, bureau of mediation services, Minnesota state bar 24.18 association, Hennepin county bar association, office of dispute 24.19 resolution, and others. Within 30 days thereafter, the affected 24.20 parties shall select a mediator from the list of neutrals or 24.21 someone else acceptable to the parties and submit to mediation 24.22 for a period of 30 days facilitated by the bureau. If the 24.23 dispute remains unresolved after the close of the 30-day 24.24 mediation period, the bureau shall prepare a report of its 24.25 recommendations and transmit the report within 30 days to the 24.26 parties. Within 60 days after the date of issuance of the 24.27 mediator's report, the dispute may be submitted for an expedited 24.28 hearing as provided in section 116.072, subdivision 6, 24.29 paragraphs (a) to (e). 24.30 Sec. 32. Minnesota Statutes 2000, section 297H.13, 24.31 subdivision 2, is amended to read: 24.32 Subd. 2. [ALLOCATION OF REVENUES.] (a) $22,000,000, or 50 24.33 percent, whichever is greater, of the amounts remitted under 24.34 this chapter must be credited to the solid waste fund 24.35 established in section 115B.42. 24.36 (b) The remainder must be deposited intothe generala 25.1 dedicated fund to be used for the purposes described in section 25.2 115A.557, subdivision 2. 25.3 Sec. 33. Minnesota Statutes 2000, section 473.149, 25.4 subdivision 3, is amended to read: 25.5 Subd. 3. [PREPARATION; ADOPTION; AND REVISION.] (a) The 25.6 solid waste policy plan shall be prepared, adopted, and revised 25.7 as necessary in accordance with paragraphs (c) to (e), after 25.8 consultation with the metropolitan counties and the pollution 25.9 control agency. 25.10 (b) Revisions to the policy plan are exempt from the 25.11 rulemaking provisions of chapter 14. 25.12 (c) Before beginning preparation of revisions to the policy 25.13 plan, the director shall publish a predrafting notice in the 25.14 State Register that includes a statement of the subjects 25.15 expected to be covered by the revisions, including a summary of 25.16 the important problems and issues. The notice must solicit 25.17 comments from the public and state that the comments must be 25.18 received by the director within 45 days of publication of the 25.19 notice. The director shall consider the comments in preparing 25.20 the revisions. 25.21 (d) After publication of the predrafting notice and before 25.22 adopting revisions to the policy plan, the director shall 25.23 publish a notice in the State Register that: 25.24 (1) contains a summary of the proposed revisions; 25.25 (2) invites public comment; 25.26 (3) lists locations where the proposed revised policy plan 25.27 can be reviewed and states that copies of the proposed revised 25.28 policy plan can also be obtained from the office; 25.29 (4) states a location for a public meeting on the revisions 25.30 at a time no earlier than 30 days from the date of publication; 25.31 and 25.32 (5) advises the public that they have 30 days from the date 25.33 of the public meeting in clause (4) to submit comments on the 25.34 revisions to the director. 25.35 (e) At the meeting described in paragraph (d), clause (4), 25.36 the public shall be given an opportunity to present their views 26.1 on the policy plan revisions. The director shall incorporate 26.2 any amendments to the proposed revisions that, in the director's 26.3 view, will help to carry out the requirements of subdivisions 1, 26.4 2d, and 2e. At or before the time that policy plan revisions 26.5 are finally adopted, the director shall issue a report that 26.6 addresses issues raised in the public comments. The report 26.7 shall be made available to the public and mailed to interested 26.8 persons who have submitted their names and addresses to the 26.9 director. 26.10 (f) The criteria and standards adopted in the policy plan 26.11 for review of solid waste facility permits pursuant to section 26.12 473.823, subdivision 3;for issuance of certificates of need26.13pursuant to section 473.823, subdivision 6;and for review of 26.14 solid waste contracts pursuant to section 473.813 may be 26.15 appealed to the court of appeals within 30 days after final 26.16 adoption of the policy plan. The court may declare the 26.17 challenged portion of the policy plan invalid if it violates 26.18 constitutional provisions, is in excess of statutory authority 26.19 of the director, or was adopted without compliance with the 26.20 procedures in this subdivision. The review shall be on the 26.21 record created during the adoption of the policy plan, except 26.22 that additional evidence may be included in the record if the 26.23 court finds that the additional evidence is material and there 26.24 were good reasons for failure to present it in the proceedings 26.25 described in paragraphs (c) to (e). 26.26 (g) The metropolitan council or a metropolitan county, 26.27 local government unit, commission, or person shall not acquire, 26.28 construct, improve or operate any solid waste facility in the 26.29 metropolitan area except in accordance with the plan and section 26.30 473.823, provided that no solid waste facility in use when a 26.31 plan is adopted shall be discontinued solely because it is not 26.32 located in an area designated in the plan as acceptable for the 26.33 location of such facilities. 26.34 Sec. 34. Minnesota Statutes 2000, section 473.811, 26.35 subdivision 4a, is amended to read: 26.36 Subd. 4a. [ORDINANCES; GENERAL CONDITIONS; RESTRICTIONS; 27.1 APPLICATION.] Ordinances of counties and local government units 27.2 related to or affecting waste management shall embody plans, 27.3 policies, rules, standards and requirements adopted by any state 27.4 agency authorized to manage or plan for or regulate the 27.5 management of waste and the waste management plans adopted under 27.6 section 473.149 and shall be consistent with approved county 27.7 master plans.Except as provided in this subdivision, a county27.8may establish and operate or contract for the establishment or27.9operation of a solid waste disposal facility without complying27.10with local ordinances if the director certifies need under27.11section 473.823, subdivision 6.With the approval of the 27.12 director, local government units may impose and enforce 27.13 reasonable conditions respecting the construction, operation, 27.14 inspection, monitoring, and maintenance of the disposal 27.15 facilities. No local government unit shall prevent the 27.16 establishment or operation of any solid waste facility in 27.17 accordance with the director's decision under section 473.823, 27.18 subdivision 5, except that, with the approval of the director, 27.19 the local government unit may impose reasonable conditions 27.20 respecting the construction, inspection, monitoring, and 27.21 maintenance of a facility. 27.22 Sec. 35. [CLASSIFICATION OF SOLID WASTE RULES AND 27.23 PROCEDURES.] 27.24 Subdivision 1. [FEDERAL STATUTES AND RULES.] Federal 27.25 statutes and rules must not be superseded or interpreted by 27.26 agency policies or guidelines that have not been enacted by the 27.27 legislature or adopted under Minnesota Statutes, chapter 14. 27.28 Subd. 2. [RESPONSE TIME DEADLINES.] Permits and 27.29 modifications to permits applied for under Minnesota Rules, part 27.30 7001.0020, item A, must be finally acted upon by the agency 27.31 within 90 days, or the permit or modification is deemed to be 27.32 granted by the agency. 27.33 Subd. 3. [APPROVAL OF END USES FOR SOLID WASTE LAND 27.34 DISPOSAL FACILITIES.] Notwithstanding Minnesota Rules, part 27.35 7035.2655, final end-use plans for a solid waste land disposal 27.36 facility are subject solely to approval by the local zoning 28.1 authority. 28.2 Subd. 4. [EQUITABLE APPLICATION OF WASTE RULES.] The 28.3 agency must develop internal procedures to assure that staff 28.4 apply standard approaches and methodologies to determine 28.5 financial assurance mechanisms under Minnesota Rules, parts 28.6 7035.2695 and 7035.2697, and related rules. 28.7 Subd. 5. [ANNUAL REPORT; SOLID WASTE MANAGEMENT 28.8 FACILITIES.] The annual reporting date for solid waste 28.9 management facilities under Minnesota Rules, part 7035.2585, is 28.10 March 31. 28.11 Subd. 6. [CAPITAL ASSISTANCE FOR RESOURCE CONSERVATION 28.12 TECHNOLOGIES.] Capital assistance grants made by the pollution 28.13 control agency and the office of environmental assistance under 28.14 Minnesota Rules, chapters 7035 and 9210, must be made available 28.15 for waste activities that support resource conservation as 28.16 defined in Minnesota Statutes, section 115A.03, subdivision 26a. 28.17 Sec. 36. [REPEALER.] 28.18 Minnesota Statutes 2000, sections 115A.5501; 115A.917; and 28.19 473.823, subdivision 6, are repealed.