5th Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to the environment; modifying provisions 1.3 relating to the management of waste; amending 1.4 Minnesota Statutes 1994, sections 115A.03, subdivision 1.5 21, and by adding subdivisions; 115A.50; 115A.916; 1.6 115A.919, by adding a subdivision; 115A.923, 1.7 subdivision 1a; 115A.93, subdivision 3; 115A.9301, by 1.8 adding a subdivision; 115A.965, subdivision 3; 1.9 115A.9651, subdivision 1; 115D.09; 458D.07, 1.10 subdivision 4; Minnesota Statutes 1995 Supplement, 1.11 sections 115A.554; 115A.965, subdivision 1; 115A.981, 1.12 subdivision 3; 116.07, subdivision 10; and 297A.45, 1.13 subdivisions 2 and 3; Laws 1995, chapter 87, section 1.14 1; proposing coding for new law in Minnesota Statutes, 1.15 chapters 3; and 115A; repealing Minnesota Statutes 1.16 1994, sections 115A.154; 115A.156; 115A.48, 1.17 subdivisions 2 and 5; 115A.53; 115A.913, subdivision 1.18 5; 115A.9162; and 115A.991; Minnesota Statutes 1995 1.19 Supplement, sections 115A.0715; 115A.072, subdivision 1.20 3; 115A.55, subdivision 3; and 115D.05. 1.21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.22 Section 1. [3.3056] [COMMITTEES; TASK FORCES.] 1.23 A legislative commission may appoint legislators to a 1.24 committee, subcommittee or task force to assist and advise the 1.25 commission in carrying out its duties. With the consent of the 1.26 speaker of the house of representatives and the subcommittee on 1.27 committees of the senate, a commission may appoint legislators 1.28 who are not members of the commission to the committee, 1.29 subcommittee, or task force. The legislative commission must 1.30 pay for any expenses of the committee, subcommittee, or task 1.31 force out of funds appropriated to the legislative commission. 1.32 Sec. 2. Minnesota Statutes 1994, section 115A.03, 1.33 subdivision 21, is amended to read: 2.1 Subd. 21. [MIXED MUNICIPAL SOLID WASTE.] (a) "Mixed 2.2 municipal solid waste" means garbage, refuse, and other solid 2.3 waste from residential, commercial, industrial, and community 2.4 activities that the generator of the waste aggregates for 2.5 collection,
butexcept as provided in paragraph (b). 2.6 (b) Mixed municipal solid waste does not include auto 2.7 hulks, street sweepings, ash, construction debris, mining waste, 2.8 sludges, tree and agricultural wastes, tires, lead acid 2.9 batteries, motor and vehicle fluids and filters, and other 2.10 materials collected, processed, and disposed of as separate 2.11 waste streams, but does include source-separated compostable 2.12 materials. 2.13 Sec. 3. Minnesota Statutes 1994, section 115A.03, is 2.14 amended by adding a subdivision to read: 2.15 Subd. 26a. [RESOURCE CONSERVATION.] "Resource conservation" 2.16 means the reduction in the use of water, energy, and raw 2.17 materials. 2.18 Sec. 4. Minnesota Statutes 1994, section 115A.03, is 2.19 amended by adding a subdivision to read: 2.20 Subd. 32c. [SOURCE-SEPARATED COMPOSTABLE MATERIALS.] 2.21 "Source-separated compostable materials" means mixed municipal 2.22 solid waste that: 2.23 (1) is separated at the source by waste generators for the 2.24 purpose of preparing it for use as compost; 2.25 (2) is collected separately from other mixed municipal 2.26 solid wastes; 2.27 (3) is comprised of food wastes, fish and animal waste, 2.28 plant materials, diapers, sanitary products, and paper that is 2.29 not recyclable because the director has determined that no other 2.30 person is willing to accept the paper for recycling; and 2.31 (4) is delivered to a facility to undergo controlled 2.32 microbial degradation to yield a humus-like product meeting the 2.33 agency's class I or class II, or equivalent, compost standards 2.34 and where process residues do not exceed 15 percent by weight of 2.35 the total material delivered to the facility." 2.36 Sec. 5. Minnesota Statutes 1994, section 115A.03, is 3.1 amended by adding a subdivision to read: 3.2 Subd. 32d. [SOURCE-SEPARATED RECYCLABLE 3.3 MATERIALS.] "Source-separated recyclable materials" means 3.4 recyclable materials, including commingled recyclable materials, 3.5 that are separated by the generator. 3.6 Sec. 6. [115A.0716] [ENVIRONMENTAL ASSISTANCE GRANT AND 3.7 LOAN PROGRAM.] 3.8 Subdivision 1. [GRANTS.] (a) The director may make grants 3.9 to any person for the purpose of researching, developing, and 3.10 implementing projects or practices related to collection, 3.11 processing, recycling, reuse, resource recovery, source 3.12 reduction, and prevention of waste, hazardous substances, toxic 3.13 pollutants, and problem materials; the development or 3.14 implementation of pollution prevention projects or practices; 3.15 the collection, recovery, processing, purchasing, or market 3.16 development of recyclable materials or compost; resource 3.17 conservation; and for environmental education. 3.18 (b) In making grants, the office may give priority to 3.19 projects or practices that have broad application in the state 3.20 and are consistent with the policies established under sections 3.21 115A.02 and 115D.02. 3.22 (c) The director shall adopt rules to administer the grant 3.23 program. 3.24 (d) For the purposes of this section: 3.25 (1) "pollution prevention" has the meaning given it in 3.26 section 115D.03; 3.27 (2) "toxic pollutant" has the meaning given it in section 3.28 115D.03; and 3.29 (3) "hazardous substance" has the meaning given it in 3.30 section 115D.03. 3.31 Subd. 2. [LOANS.] (a) The director may make loans, or 3.32 participate in loans, for capital costs or improvements related 3.33 to any of the activities listed in subdivision 1. 3.34 (b) The director may work with financial institutions or 3.35 other financial assistance providers in participating in loans 3.36 under this section. The director may contract with financial 4.1 institutions or other financial assistance providers for loan 4.2 processing and/or administration. 4.3 (c) The director may also make grants, as authorized in 4.4 subdivision 1, to enable persons to receive loans from financial 4.5 institutions or to reduce interest payments for those loans. 4.6 (d) In making loans, the office may give priority to 4.7 projects or practices that have broad application in the state 4.8 and are consistent with the policies established under sections 4.9 115A.02 and 115D.02. 4.10 (e) The director shall adopt rules to administer the loan 4.11 program. 4.12 Sec. 7. Minnesota Statutes 1994, section 115A.50, is 4.13 amended to read: 4.14 115A.50 [ELIGIBLE RECIPIENTS.] 4.15 Eligible recipients for assistance under the program shall 4.16 be limited to cities, counties, solid waste management districts 4.17 established pursuant to sections 115A.62 to 115A.72, and 4.18 sanitary districts. Eligible recipients may apply for 4.19 assistance under sections 115A.0716 and 115A.52 and 115A.53on 4.20 behalf of other persons. 4.21 Sec. 8. Minnesota Statutes 1995 Supplement, section 4.22 115A.554, is amended to read: 4.23 115A.554 [AUTHORITY OF SANITARY DISTRICTS.] 4.24 A sanitary district has the authorities and duties of 4.25 counties within the district's boundary for purposes of sections 4.26 115A.0716; 115A.46, subdivisionsubdivisions 4 and 5; 115A.48; 4.27 115A.551; 115A.552; 115A.553; 115A.919; 115A.929; 115A.93; 4.28 115A.96, subdivision 6; 115A.961; 115A.991;116.072; 375.18, 4.29 subdivision 14; 400.08, except subdivision 4, paragraph (b); 4.30 400.16; and 400.161. 4.31 Sec. 9. Minnesota Statutes 1994, section 115A.916, is 4.32 amended to read: 4.33 115A.916 [MOTOR AND VEHICLE FLUIDS AND FILTERS; 4.34 PROHIBITIONS.] 4.35 (a) A person may not knowingly place motor oil, brake 4.36 fluid, power steering fluid, transmission fluid, motor oil 5.1 filters, or motor vehicle antifreeze: 5.2 (1) in solid waste or in a solid waste management facility 5.3 other than a recycling facility or a household hazardous waste 5.4 collection facility; 5.5 (2) in or on the land, unless approved by the agency; or 5.6 (3) in or on the waters of the state or in a stormwater or 5.7 wastewater collection or treatment system. 5.8 (b) For the purposes of this section, "antifreeze" does not 5.9 include small amounts of antifreeze contained in water used to 5.10 flush the cooling system of a vehicle after the antifreeze has 5.11 been drained and does not include deicer that has been used on 5.12 the exterior of a vehicle. 5.13 (c) For businesses that purchase or use an annual average 5.14 of over 150 gallons of motor vehicle anti-freeze per month for 5.15 on-site installation in motor vehicles, This section does not 5.16 apply to antifreeze placed in a wastewater collection system 5.17 that includes a publicly or privatelyowned treatment works that 5.18 is permitted by the agency until December 31, 1996. For 5.19 businesses that purchase or use an annual average of 150 gallons 5.20 or less of motor vehicle anti-freeze per month for on-site 5.21 installation in motor vehicles, this section does not apply to 5.22 antifreeze placed in a wastewater collection system that 5.23 includes a publicly owned treatment works that is permitted by 5.24 the agency until December 31, 1997. 5.25 (d) Notwithstanding paragraph (a), motor oil filters and 5.26 portions of motor oil filters may be processed at a permitted 5.27 mixed municipal solid waste resource recovery facility that 5.28 directly burns the waste if: 5.29 (1) the facility is subject to an industrial waste 5.30 management plan that addresses management of motor oil filters 5.31 and the owner or operator of the facility can demonstrate to the 5.32 satisfaction of the commissioner that the facility is in 5.33 compliance with that plan; 5.34 (2) the facility recovers ferrous metal after incineration 5.35 for recycling as part of its operation; and 5.36 (3) the motor oil filters are collected separately from 6.1 mixed municipal solid waste and are not combined with it except 6.2 for the purpose of incinerating the waste. 6.3 Sec. 10. Minnesota Statutes 1994, section 115A.919, is 6.4 amended by adding a subdivision to read: 6.5 Subd. 2a. [JOINT POWERS AGREEMENT.] If a facility is owned 6.6 by a joint powers board, total fees in excess of $1 per cubic 6.7 yard or equivalent may not be imposed or revenue expended under 6.8 subdivision 1 or 2 without the approval of the board. 6.9 Sec. 11. Minnesota Statutes 1994, section 115A.923, 6.10 subdivision 1a, is amended to read: 6.11 Subd. 1a. [PAYMENT OF THE GREATER MINNESOTA LANDFILL 6.12 CLEANUP FEE.] The operator of a disposal facility in greater 6.13 Minnesota shall remit the fees collected under subdivision 1 to 6.14 the county or sanitary district where the facility is located, 6.15 except that the operator of a facility that is owned by a 6.16 statutory or home rule city shall remit the fees to the city 6.17 that owns the facility and the operator of a facility that is 6.18 owned by a joint powers board shall remit the fees to the 6.19 board. The county, city, joint powers board, or sanitary 6.20 district may use the revenue from the fees only for the purposes 6.21 specified in section 115A.919. 6.22 Sec. 12. Minnesota Statutes 1994, section 115A.93, 6.23 subdivision 3, is amended to read: 6.24 Subd. 3. [LICENSE REQUIREMENTS; PRICING BASED ON VOLUME OR 6.25 WEIGHT.] (a) A licensing authority shall require licensees to 6.26 impose charges for collection of mixed municipal solid waste 6.27 that increase with the volume or weight of the waste collected. 6.28 (b) A licensing authority may impose requirements that are 6.29 consistent with the county's solid waste policies as a condition 6.30 of receiving and maintaining a license. 6.31 (c) A licensing authority shall prohibit mixed municipal 6.32 solid waste collectors from imposing a greater charge on 6.33 residents who recycle than on residents who do not recycle. 6.34 (d) The director may exempt a licensing authority from the 6.35 requirements of paragraph (a) if the county within which the 6.36 authority is located has an approved solid waste management plan 7.1 that concludes that variable rate pricing is not appropriate for 7.2 that jurisdiction because it is inconsistent with other 7.3 incentives and mechanisms implemented within the jurisdiction 7.4 that are more effective in attaining the goals of this chapter 7.5 to discourage on-site disposal, littering, and illegal dumping. 7.6 (e) In the interim between revisions to the county solid 7.7 waste management plan, the director may exempt a licensing 7.8 authority from the requirements of paragraph (a) if the director 7.9 makes the determination otherwise made by the plan in paragraph 7.10 (d) and finds that the licensing authority: 7.11 (1) operates or contracts for the operation of a 7.12 residential recycling program that collects more categories of 7.13 recyclable materials than required in section 115A.552; 7.14 (2) has a residential participation rate in its recycling 7.15 programs of at least 70 percent or in excess of the 7.16 participation rate for the county in which it is located, 7.17 whichever is greater; and 7.18 (3) is located in a county that has exceeded the recycling 7.19 goals in section 115A.551. 7.20 An exemption granted by the director in the interim between 7.21 revisions to the county solid waste management plan is only 7.22 effective until the county solid waste management plan is 7.23 revised. 7.24 Sec. 13. Minnesota Statutes 1994, section 115A.9301, is 7.25 amended by adding a subdivision to read: 7.26 Subd. 4. [EXEMPTION.] (a) The director may exempt a local 7.27 government unit from the requirements of subdivision 1 if the 7.28 county within which the local government unit is located has an 7.29 approved solid waste management plan that concludes that 7.30 variable rate pricing is not appropriate for that jurisdiction 7.31 because it is inconsistent with other incentives and mechanisms 7.32 implemented within the jurisdiction that are more effective in 7.33 attaining the goals of this chapter to discourage on-site 7.34 disposal, littering, and illegal dumping. 7.35 (b) In the interim between revisions to the county solid 7.36 waste management plan, the director may exempt a local 8.1 government unit from the requirements of subdivision 1 if the 8.2 director makes the determination otherwise made by the plan in 8.3 paragraph (a) and finds that the local government unit: 8.4 (1) operates or contracts for the operation of a 8.5 residential recycling program that collects more categories of 8.6 recyclable materials than required in section 115A.552; 8.7 (2) has a residential participation rate in its recycling 8.8 programs of at least 70 percent or in excess of the 8.9 participation rate for the county in which it is located, 8.10 whichever is greater; and 8.11 (3) is located in a county that has exceeded the recycling 8.12 goals in section 115A.551. 8.13 An exemption granted by the director in the interim between 8.14 revisions to the county solid waste management plan is only 8.15 effective until the county solid waste management plan is 8.16 revised. 8.17 Sec. 14. Minnesota Statutes 1995 Supplement, section 8.18 115A.965, subdivision 1, is amended to read: 8.19 Subdivision 1. [PACKAGING.] (a) As soon as feasible but 8.20 not later than August 1, 1993, no manufacturer or distributor 8.21 may sell or offer for sale or for promotional purposes in this 8.22 state packaging or a product that is contained in packaging if 8.23 the packaging itself, or any inks, dyes, pigments, adhesives, 8.24 stabilizers, or any other additives to the packaging contain any 8.25 lead, cadmium, mercury, or hexavalent chromium that has been 8.26 intentionally introduced as an element during manufacture or 8.27 distribution of the packaging. Intentional introduction does8.28 not include the incidental presence of any of the prohibited8.29 elements.8.30 (b) For the purposes of this section: 8.31 (1) "distributor" means a person who imports packaging or 8.32 causes packaging to be imported into the state; it does not 8.33 include a person involved solely in delivering packages on 8.34 behalf of a third party; and8.35 (2) until August 15, 1996, "packaging" does not include8.36 steel strapping containing a total concentration level of lead,9.1 cadmium, mercury, and hexavalent chromium, added together, of9.2 less than 100 parts per million by weight."intentional 9.3 introduction" means the act of deliberately using a regulated 9.4 metal in the formulation of a package where its continued 9.5 presence is desired in the final package to provide a specific 9.6 characteristic, appearance, or quality. It does not include: 9.7 (i) the use of a regulated metal as a processing agent or 9.8 intermediate to impart certain chemical or physical changes 9.9 during manufacturing, where the incidental retention of a 9.10 residue of the metal in the final package is neither desired nor 9.11 deliberate if the final package is in compliance with 9.12 subdivision 2; 9.13 (ii) the use of recycled materials as feedstock for the 9.14 manufacture of new packaging materials, where some portion of 9.15 the recycled materials may contain amounts of a regulated metal 9.16 if the new package is in compliance with subdivision 2; or 9.17 (iii) the incidental presence of any of the regulated 9.18 metals. 9.19 Sec. 15. Minnesota Statutes 1994, section 115A.965, 9.20 subdivision 3, is amended to read: 9.21 Subd. 3. [EXEMPTIONS.] (a) Until January 1, 2000, the 9.22 following packaging is exempt from the requirements of 9.23 subdivisions 1 and 2: 9.24 (1) packaging that has been delivered to a manufacturer or9.25 distributor prior to August 1, 1993, or packaging that contains9.26 a code or other indication of the date of manufacture and that9.27 was manufactured prior to August 1, 1993; and9.28 (2) until August 1, 1997,packaging that would not exceed 9.29 the total toxics concentration levels under subdivision 2 but 9.30 for the addition in the packaging of materials that have 9.31 fulfilled their intended use and have been discarded by 9.32 consumers .; and 9.33 (2) packages that are reused but exceed the total toxics 9.34 concentration levels in subdivision 2, provided that: 9.35 (i) the product being conveyed by the package is regulated 9.36 under federal or state health or safety requirements; 10.1 (ii) transportation of the packaged product is regulated 10.2 under federal or state transportation requirements; and 10.3 (iii) disposal of the package is performed according to 10.4 federal or state radioactive or hazardous waste disposal 10.5 requirements. 10.6 (b) Until January 1, 2000, packages that have a controlled 10.7 distribution and reuse, but exceed the total toxics 10.8 concentration levels in subdivision 2 and do not meet the 10.9 requirements of paragraph (a), may be exempted from subdivisions 10.10 1 and 2 if the manufacturers or distributors of the packages 10.11 petition for and receive approval from the commissioner. In 10.12 granting approval, the commissioner shall work with the 10.13 Coalition of Northeastern Governors Toxics in Packaging 10.14 Clearinghouse and base the decision on satisfactory 10.15 demonstrations that the environmental benefit of the controlled 10.16 distribution and reuse is significantly greater compared to the 10.17 same package manufactured in compliance with the total toxics 10.18 concentration levels in subdivision 2, and on plans proposed by 10.19 the manufacturer that include each of the following elements: 10.20 (1) a means of identifying the packaging in a permanent and 10.21 visible manner; 10.22 (2) a method of regulatory and financial accountability so 10.23 that a specified percentage of the packaging manufactured and 10.24 distributed to other persons is not discarded by those persons 10.25 after use but are returned to the manufacturer or the 10.26 manufacturer's designee; 10.27 (3) a system of inventory and record maintenance to account 10.28 for the packaging placed in, and removed from, service; 10.29 (4) a means of transforming packaging that is no longer 10.30 reusable into recycled materials for manufacturing or into 10.31 manufacturing wastes which are subject to existing federal or 10.32 state laws or regulations governing such manufacturing wastes 10.33 that ensure that these wastes do not enter the industrial or 10.34 mixed municipal solid waste stream; and 10.35 (5) a system of annually reporting to the commissioner 10.36 changes to the system and changes in designees. 11.1 (b)(c) Packaging to which lead, cadmium, mercury, or 11.2 hexavalent chromium has been intentionally introduced in the 11.3 manufacturing process may be exempted from the requirements of 11.4 subdivisions 1 and 2 by the commissioner of the pollution 11.5 control agency if: 11.6 (1) the use of the toxic element in the packaging is 11.7 required by federal or state health or safety laws; or 11.8 (2) there is no feasible alternative for the packaging 11.9 because the toxic element used is essential to the protection, 11.10 safe handling, or function of the contents of the package. 11.11 The commissioner may grant an exemption under this 11.12 paragraph for a period not to exceed two years upon application 11.13 by the packaging manufacturer that includes documentation 11.14 showing that the criteria for an exemption are met. Exemptions 11.15 granted by the commissioner may be renewed upon reapplication 11.16 every two years. 11.17 Sec. 16. Minnesota Statutes 1994, section 115A.9651, 11.18 subdivision 1, is amended to read: 11.19 Subdivision 1. [PROHIBITION.] (a) Except as provided in 11.20 paragraph (d), no person may distribute for sale or use in this 11.21 state any ink, dye, pigment, paint, or fungicide manufactured 11.22 after September 1, 1994, into which lead, cadmium, mercury, or 11.23 hexavalent chromium has been intentionally introduced. 11.24 (b) For the purposes of this subdivision, "intentionally 11.25 introduce" means to deliberately use a metal listed in paragraph 11.26 (a) as an element during manufacture or distribution of an item 11.27 listed in paragraph (a). Intentional introduction does not 11.28 include the incidental presence of any of the prohibited 11.29 elements. 11.30 (c) The concentration of a listed metal in an item listed 11.31 in paragraph (a) may not exceed 100 parts per million. 11.32 (d) The use of lead in substances utilized in marking road, 11.33 street, highway, and bridge pavements is exempt from this 11.34 subdivision until July 1, 1998. 11.35 Sec. 17. Minnesota Statutes 1995 Supplement, section 11.36 115A.981, subdivision 3, is amended to read: 12.1 Subd. 3. [REPORT.] (a) The commissioner shall report to 12.2 the legislative commission on waste managementsenate and house 12.3 of representatives environment and natural resource committees, 12.4 the finance division of the senate committee on environment and 12.5 natural resources, and the house of representatives committee on 12.6 environment and natural resources finance by JulyDecember 1 of 12.7 each odd-numbered year on the economic status and outlook of the 12.8 state's solid waste management sector including an estimate of 12.9 the extent to which prices for solid waste management paid by 12.10 consumers reflect costs related to environmental and public 12.11 health protection, including a discussion of how prices are 12.12 publicly and privately subsidized and how identified costs of 12.13 waste management are not reflected in the prices. 12.14 (b) In preparing the report, the commissioner shall: 12.15 (1) consult with the director; local government units; 12.16 solid waste collectors, transporters, and processors; owners and 12.17 operators of solid waste facilities; and other interested 12.18 persons; 12.19 (2) consider and analyze information received under 12.20 subdivision 2 and information available under section 115A.929; 12.21 and 12.22 (3) analyze information gathered and comments received 12.23 relating to the most recent solid waste management policy report 12.24 prepared under section 115A.411. 12.25 The commissioner shall also recommend any legislation 12.26 necessary to ensure adequate and reliable information needed for 12.27 preparation of the report. 12.28 (c) The report must also include: 12.29 (1) statewide and facility by facility estimates of the 12.30 total potential costs and liabilities associated with solid 12.31 waste disposal facilities for closure and postclosure care, 12.32 response costs under chapter 115B, and any other potential 12.33 costs, liabilities, or financial responsibilities; 12.34 (2) statewide and facility by facility requirements for 12.35 proof of financial responsibility under section 116.07, 12.36 subdivision 4h, and how each facility is meeting those 13.1 requirements. 13.2 Sec. 18. Minnesota Statutes 1994, section 115D.09, is 13.3 amended to read: 13.4 115D.09 [CONFIDENTIALITY.] 13.5 Information and techniques developed under section 115D.04, 13.6 the reduction information and techniques under section 115D.0513.7 115A.0716, and the progress reports required under section 13.8 115D.08 are public data under chapter 13. The plans required 13.9 under section 115D.07 are nonpublic data under chapter 13. 13.10 Sec. 19. Minnesota Statutes 1995 Supplement, section 13.11 116.07, subdivision 10, is amended to read: 13.12 Subd. 10. [SOLID WASTE GENERATOR ASSESSMENTS.] (a) For the 13.13 purposes of this subdivision: 13.14 (1) "assessed waste" means mixed municipal solid waste as 13.15 defined in section 115A.03, subdivision 21, infectious waste as 13.16 defined in section 116.76, subdivision 12, pathological waste as 13.17 defined in section 116.76, subdivision 14, industrial waste as 13.18 defined in section 115A.03, subdivision 13a, and construction 13.19 debris as defined in section 115A.03, subdivision 7; provided 13.20 that all types of assessed waste listed in this clause do not 13.21 include: 13.22 (i) materials that are separated for recycling by the 13.23 generator and that are collected separately from other waste and 13.24 delivered to a waste facility for the purpose of recycling and 13.25 recycled ,; 13.26 (ii) materials that are separated for recycling by the 13.27 generator, collected and delivered to a waste facility that 13.28 recycles at least 85 percent of its waste, and are collected 13.29 with mixed municipal solid waste that is segregated in leakproof 13.30 bags, provided that the mixed municipal solid waste does not 13.31 exceed five percent of the total weight of the materials 13.32 delivered to the facility and is ultimately delivered to a 13.33 facility designated under sections 115A.80 to 115A.893; and 13.34 it also does not include(iii) waste generated outside of 13.35 Minnesota; 13.36 (2) "noncompacted cubic yard" means a loose cubic yard of 14.1 assessed waste; 14.2 (3) "nonresidential customer" means: 14.3 (i) an owner or operator of a business, including a home 14.4 operated business, industry, church, nursing home, nonprofit 14.5 organization, school, or any other commercial or institutional 14.6 enterprise; 14.7 (ii) an owner of a building or site containing multiple 14.8 residences, including a townhome or manufactured home park, 14.9 where no resident has separate trash pickup, and no resident is 14.10 separately assessed for such service; and 14.11 (iii) any other generator of assessed waste that is not a 14.12 residential customer as defined in clause (6); 14.13 (4) "periodic waste collection" means each time a waste 14.14 container is emptied by the person that collects the assessed 14.15 waste; 14.16 (5) "person that collects assessed waste" means each person 14.17 that is required to pay sales tax on solid waste collection 14.18 services under section 297A.45, or would pay sales tax under 14.19 that section if the assessed waste was mixed municipal solid 14.20 waste; and 14.21 (6) "residential customer" means: 14.22 (i) a detached single family residence that generates only 14.23 household mixed municipal solid waste; and 14.24 (ii) a person residing in a building or at a site 14.25 containing multiple residences, including a townhome or a 14.26 manufactured home park, where each resident either (A) is 14.27 separately assessed for waste collection or (B) has separate 14.28 waste collection for each resident, even if the resident pays to 14.29 the owner or an association a monthly maintenance fee which 14.30 includes the expense of waste collection, and the owner or 14.31 association pays the waste collector for waste collection in one 14.32 lump sum. 14.33 (b) A person that collects assessed waste shall collect and 14.34 remit to the commissioner of revenue a solid waste generator 14.35 assessment from each of the person's customers as provided in 14.36 paragraphs (c) and (d). A waste management facility that 15.1 accepts assessed waste shall collect and remit to the 15.2 commissioner of revenue the solid waste assessment as provided 15.3 in paragraph (e). 15.4 (c) Except as provided in paragraph (f), the amount of the 15.5 assessment for each residential customer is $2 per year. Each 15.6 person that collects assessed waste shall collect the assessment 15.7 annually from each residential customer that is receiving mixed 15.8 municipal solid waste collection service on July 1 of each year 15.9 and shall remit the amount actually collected along with the 15.10 person's first remittance of the sales tax on solid waste 15.11 collection services, described in section 297A.45, made after 15.12 October 1 of each year. For buildings or sites that contain 15.13 multiple residences that are not separately billed for 15.14 collection services, the person who collects assessed waste 15.15 shall collect the assessment for all the residences from the 15.16 person who is billed for the collection service. Any amount of 15.17 the assessment that is received by the person that collects 15.18 assessed waste after October 1 of each year must be remitted 15.19 along with the person's next remittance of sales tax after 15.20 receipt of the assessment. 15.21 (d)(1) Except as provided in clause (2), the amount of the 15.22 assessment for each nonresidential customer is 60 cents per 15.23 noncompacted cubic yard of periodic waste collection capacity 15.24 purchased by the customer, based on the size of the container 15.25 for the assessed waste. For a residential customer that 15.26 generates assessed waste that is not mixed municipal solid 15.27 waste, the amount of the assessment is 60 cents per noncompacted 15.28 cubic yard of collection capacity purchased for the waste that 15.29 is not mixed municipal solid waste, based on the size of the 15.30 container for the waste. If the capacity purchased is for 15.31 compacted cubic yards of mixed municipal solid waste, the 15.32 noncompacted capacity purchased is based on the compaction ratio 15.33 of 3:1. The commissioner of revenue, after consultation with 15.34 the commissioner of the pollution control agency, shall 15.35 determine, and may publish by notice, compaction rates for other 15.36 types of waste where they exist and conversion schedules for 16.1 waste that is managed by measurements other than cubic yards. 16.2 Each person that collects assessed waste shall collect the 16.3 assessment from each nonresidential customer as part of each 16.4 statement for payment of waste collection charges and shall 16.5 remit the amount actually collected along with the next 16.6 remittance of sales tax after receipt of the assessment. 16.7 (2) The assessment for nonresidential customers for the 16.8 mixed municipal solid waste that is collected with 16.9 source-separated recyclable materials as described in paragraph 16.10 (a), clause (1), item (ii), is three-tenths of a cent per 16.11 gallon. The customer must pay by purchasing specific collection 16.12 bags or stickers that include the cost of the collection service 16.13 and assessment. 16.14 (e) A person who transports assessed waste generated by 16.15 that person or by another person without compensation shall pay 16.16 an assessment of 60 cents per noncompacted cubic yard or the 16.17 equivalent to the operator of the waste management facility to 16.18 which the waste is delivered. The operator shall remit the 16.19 assessments actually collected under this paragraph to the 16.20 commissioner of revenue. This subdivision does not apply to a 16.21 person who transports industrial waste generated by that person 16.22 to a facility owned and operated by that person. 16.23 (f) The amount of the assessment for each residential 16.24 customer that is subject to a mixed municipal solid waste 16.25 collection service for which the customer pays, based on the 16.26 volume of waste collected, by purchasing specific collection 16.27 bags or stickers from the waste collector, municipality, or 16.28 other vendor is either: 16.29 (1) determined by a method developed by the waste collector 16.30 or municipality and approved by the commissioner of revenue, 16.31 which yields the equivalent of approximately a $2 annual 16.32 assessment per household; or 16.33 (2) three cents per each 35 gallon unit or less. If the 16.34 per unit fee method under this clause is used, it is the 16.35 responsibility of the waste collector or the municipality who is 16.36 selling the bags or stickers to remit the amount of the 17.1 assessment to the department of revenue, according to a payment 17.2 schedule provided by the commissioner of revenue. The 17.3 collection service and assessment under this clause shall be 17.4 included in the price of the bag or sticker. 17.5 (g) The commissioner of revenue shall redesign sales tax 17.6 forms for persons that collect assessed waste to accommodate 17.7 payment of the assessment. The amounts remitted under this 17.8 subdivision must be deposited in the state treasury and credited 17.9 to the solid waste fund established in section 115B.42. 17.10 (h) For persons that collect assessed waste and operators 17.11 of waste management facilities who are required to collect the 17.12 solid waste generator assessments under this subdivision, and 17.13 persons who are required to remit the assessment under paragraph 17.14 (f), and who do not collect and remit the sales tax on solid 17.15 waste collection services under section 297A.45, the 17.16 commissioner of revenue shall determine when and in what manner 17.17 the persons and operators must remit the assessment amounts 17.18 actually collected. 17.19 (i) For the purposes of this subdivision, the requirement 17.20 to "collect" the solid waste generator assessment under 17.21 paragraph (b) means that the person to whom the requirement 17.22 applies shall: 17.23 (i) include the amount of the assessment in the appropriate 17.24 statement of charges for waste collection services and in any 17.25 action to enforce payment on delinquent accounts; 17.26 (ii) accurately account for assessments received; 17.27 (iii) indicate to generators that payment of the assessment 17.28 by the waste generator is required by law and inform generators, 17.29 using information supplied by the commissioner of the agency, of 17.30 the purposes for which revenue from the assessment will be 17.31 spent; and 17.32 (iv) cooperate fully with the commissioner of revenue to 17.33 identify generators of assessed waste who fail to remit payment 17.34 of the assessment. 17.35 (j) The audit, penalty, enforcement, and administrative 17.36 provisions applicable to taxes imposed under chapter 297A apply 18.1 to the assessments imposed under this subdivision. 18.2 (k) If less than $25,000,000 is projected to be available 18.3 for new encumbrances in any fiscal year after fiscal year 1996 18.4 from all existing dedicated revenue sources for landfill cleanup 18.5 and reimbursement costs under sections 115B.39 to 115B.46, by 18.6 April 1 before the next fiscal year in which the shortfall is 18.7 projected the commissioner of the agency shall certify to the 18.8 commissioner of revenue the amount of the shortfall. To provide 18.9 for the shortfall, the commissioner of revenue shall increase 18.10 the assessment under paragraphs (d) and (e) by an amount 18.11 sufficient to generate revenue equal to the amount of the 18.12 shortfall effective the following July 1 and shall provide 18.13 notice of the increased assessment by May 1 following 18.14 certification to persons who are required to collect and remit 18.15 the solid waste generator assessments under this subdivision. 18.16 Sec. 20. Minnesota Statutes 1995 Supplement, section 18.17 297A.45, subdivision 2, is amended to read: 18.18 Subd. 2. [APPLICATION.] The taxes imposed by sections 18.19 297A.02 and 297A.021 apply to all public and private mixed 18.20 municipal solid waste management services. 18.21 Notwithstanding section 297A.25, subdivision 11, a 18.22 political subdivision that purchases waste management services 18.23 on behalf of its citizens shall pay the taxes. 18.24 If a political subdivision provides a waste management 18.25 service to its residents at a cost in excess of the total direct 18.26 charge to the residents for the service, the political 18.27 subdivision shall pay the taxes based on its cost of providing 18.28 the service in excess of the direct charges. 18.29 A person who transports mixed municipal solid waste 18.30 generated by that person or by another person without 18.31 compensation shall pay the taxes at the waste facility based on 18.32 the disposal charge or tipping fee. 18.33 A person who segregates mixed municipal waste from 18.34 recyclable materials as described in subdivision 3, paragraph 18.35 (a), clause (2), shall pay the taxes by purchasing specific 18.36 collection bags or stickers. The collection service and taxes 19.1 must be included in the price of the bag or sticker. 19.2 Sec. 21. Minnesota Statutes 1995 Supplement, section 19.3 297A.45, subdivision 3, is amended to read: 19.4 Subd. 3. [EXEMPTIONS.] (a) The cost of a service or the 19.5 portion of a service to collect and manage recyclable materials 19.6 separated from mixed municipal solid waste by the waste19.7 generator is exempt from the taxes imposed in sections 297A.02 19.8 and 297A.021 if: 19.9 (1) the recyclable materials are separated from mixed 19.10 municipal solid waste by the waste generator; or 19.11 (2) the recyclable materials are separated from mixed 19.12 municipal solid waste by the generator, collected and delivered 19.13 to a waste facility that recycles at least 85 percent of its 19.14 waste, and are collected with mixed municipal solid waste that 19.15 is segregated in leakproof bags, provided that the mixed 19.16 municipal solid waste does not exceed five percent of the total 19.17 weight of the materials delivered to the facility and is 19.18 ultimately delivered to a facility designated under sections 19.19 115A.80 to 115A.893. 19.20 (b) The amount of a surcharge or fee imposed under section 19.21 115A.919, 115A.921, 115A.923, or 473.843 is exempt from the 19.22 taxes imposed in sections 297A.02 and 297A.021. 19.23 (c) Waste from a recycling facility that separates or 19.24 processes recyclable materials and that reduces the volume of 19.25 the waste by at least 85 percent is exempt from the taxes 19.26 imposed in sections 297A.02 and 297A.021. To qualify for the 19.27 exemption under this paragraph, the waste exempted must be 19.28 managed separately from other solid waste. 19.29 (d) The following costs are exempt from the taxes imposed 19.30 in sections 297A.02 and 297A.021: 19.31 (1) costs of providing educational materials and other 19.32 information to residents; 19.33 (2) costs of managing solid waste other than mixed 19.34 municipal solid waste, including household hazardous waste; and 19.35 (3) costs of court litigation and associated damages. 19.36 (e) The cost of a waste management service is exempt from 20.1 the taxes imposed in sections 297A.02 and 297A.021 to the extent 20.2 that the cost was previously subject to the tax. 20.3 (f) Through December 31, 2002, the gross receipts from the 20.4 sales of source-separated compostable waste management services 20.5 are exempt from the tax imposed in section 297A.02 if the waste 20.6 is delivered to a facility exempted as described in this 20.7 paragraph. To initially qualify for an exemption, a facility 20.8 must apply for an exemption in its application for a new or 20.9 amended solid waste permit to the pollution control agency. The 20.10 first time a facility applies to the agency, it must certify in 20.11 its application that it will comply with the criteria in clauses 20.12 (1) to (5), and the commissioner of the agency shall so certify 20.13 to the commissioner of revenue who must grant the exemption. 20.14 For each subsequent calendar year, by October 1 of the preceding 20.15 year, the facility must apply to the agency for certification to 20.16 renew its exemption for the following year. The application 20.17 must be filed according to the procedures and contain the 20.18 information required by the agency. The commissioner of revenue 20.19 shall grant the exemption if the commissioner of the agency 20.20 finds and certifies to the commissioner of revenue that based on 20.21 an evaluation of the composition of incoming waste and residuals 20.22 and the quality and use of the product: 20.23 (1) generators separate materials at the source; 20.24 (2) the separation is performed in a manner appropriate to 20.25 the technology specific to the facility that: 20.26 (i) maximizes the quality of the product; 20.27 (ii) minimizes the toxicity and quantity of residuals; and 20.28 (iii) provides an opportunity for significant improvement 20.29 in the environmental efficiency of the operation; 20.30 (3) the operator of the facility educates generators, in 20.31 coordination with each county using the facility, about 20.32 separating the waste to maximize the quality of the waste stream 20.33 for the technology specific to the facility; 20.34 (4) process residuals do not exceed 15 percent of the 20.35 weight of the total material delivered to the facility; and 20.36 (5) the final product is accepted for use. 21.1 Sec. 22. Minnesota Statutes 1994, section 458D.07, 21.2 subdivision 4, is amended to read: 21.3 Subd. 4. [UTILIZATION OF DISTRICT SYSTEM.] (a) The board 21.4 may provide that every person or local government unit located 21.5 in the district must dispose of solid waste as provided in the 21.6 comprehensive plan. 21.7 (b) Upon the adoption of a solid waste plan under section 21.8 458D.05, subdivision 2, the plan governs all solid waste 21.9 management in the district and a public entity, as defined in 21.10 section 16B.122, subdivision 1, within the district may not: 21.11 (1) enter into a binding agreement governing a solid waste 21.12 management activity that is inconsistent with that plan, without 21.13 the consent of the district; or 21.14 (2) develop or implement a solid waste management activity, 21.15 other than an activity to reduce waste generation or reuse waste 21.16 materials, that is inconsistent with a solid waste plan that the 21.17 district is actively implementing, without the consent of the 21.18 district. 21.19 Sec. 23. Laws 1995, chapter 87, section 1, is amended to 21.20 read: 21.21 Section 1. [WAIVER.] 21.22 The pollution control agency must, until 2005, allow the 21.23 operation of a gas-fired waste combustor installed after January 21.24 1, 19921990, and before June 20, 1994, used to burn 21.25 blood-contaminated, waxed cardboard, and meat-contaminated 21.26 cellulose from meat processing operations in amounts that do not 21.27 exceed 500 pounds per hour and provided the combustor is 21.28 monitored by an automatic temperature control device and meets 21.29 emission standards in effect at the time it was installed. 21.30 Sec. 24. [LANDFILL CLEANUP COSTS.] 21.31 (a) Notwithstanding sections 115B.42 and 115B.43, $737,500 21.32 is appropriated from the solid waste fund to the commissioner of 21.33 the pollution control agency for distribution to a county or its 21.34 political subdivisions to assist those public entities by 21.35 funding a portion of the $1,475,000 amount paid by December 31, 21.36 1994 as part of a final order or settlement of a lawsuit for 22.1 environmental response costs at a mixed municipal solid waste 22.2 facility if: 22.3 (1) the county or its political subdivisions stopped 22.4 sending waste to the facility prior to 1988; 22.5 (2) the mixed municipal solid waste facility is owned and 22.6 operated by another county; 22.7 (3) the county that owns the facility decided to reopen the 22.8 facility after a closure order was issued by the pollution 22.9 control agency in 1988, and then decided not to enter the 22.10 landfill cleanup program in 1994; and 22.11 (4) the county or its political subdivision incurring the 22.12 $1,475,000 liability had no role in the other county's decision 22.13 to keep the facility open. 22.14 (b) Reimbursements under this section must be used to 22.15 directly reduce or eliminate the burden on citizens of the 22.16 county caused by this liability, and may not be used for general 22.17 purposes. 22.18 Only proceeds from the sale of bonds credited to the solid 22.19 waste fund should be used to fund reimbursements under this 22.20 section. 22.21 Sec. 25. [SOLID WASTE MANAGEMENT POLICY REPORT; 2001.] 22.22 The report required to be submitted by the director of the 22.23 office of environmental assistance in 2001 under Minnesota 22.24 Statutes, section 115A.411, must include an evaluation of the 22.25 impact of the exemption under Minnesota Statutes, section 22.26 297A.45, subdivision 3, paragraph (f), on the economic viability 22.27 of the participating facilities, their ability to reach the 22.28 goals in Minnesota Statutes, section 297A.45, subdivision 3, 22.29 paragraph (f), and on revenues under Minnesota Statutes, section 22.30 297A.45. The director shall recommend whether the exemption 22.31 should continue. 22.32 Sec. 26. [REVIEW OF MOTOR VEHICLE ANTI-FREEZE STUDIES.] 22.33 The commissioner of the pollution control agency shall 22.34 review the conclusions of independent studies completed by 22.35 December 31, 1997 which analyze the following issues related to 22.36 motor vehicle anti-freeze: 23.1 (1) the biological oxygen demand impact of motor vehicle 23.2 anti-freeze on waste water treatment facilities; 23.3 (2) the heavy metal content of used motor vehicle 23.4 anti-freeze; and 23.5 (3) the extent to which recycled anti-freeze is approved 23.6 for use in automobiles under manufacturers' warranties. 23.7 The commissioner shall summarize the findings of this 23.8 review to the house and senate environment and natural resources 23.9 committees by February 15, 1997. 23.10 Sec. 27. [REVISOR'S INSTRUCTION.] 23.11 The revisor shall change provisions in Minnesota Statutes 23.12 that direct reports to the legislative commission on waste 23.13 management so that the reports are received by the environment 23.14 and natural resources committees of the senate and house of 23.15 representatives, the finance division of the senate committee on 23.16 environment and natural resources, and the house of 23.17 representatives committee on environment and natural resources 23.18 finance. 23.19 Sec. 28. [REPEALER.] 23.20 (a) Minnesota Statutes 1994, section 115A.913, subdivision 23.21 5, is repealed. 23.22 (b) Minnesota Statutes 1994, sections 115A.154; 115A.156; 23.23 115A.48, subdivisions 2 and 5; 115A.53; 115A.9162; and 115A.991; 23.24 and Minnesota Statutes 1995 Supplement, sections 115A.0715; 23.25 115A.072, subdivision 3; 115A.55, subdivision 3; and 115D.05, 23.26 are repealed. 23.27 Sec. 29. [EFFECTIVE DATE.] 23.28 Section 3 is effective the day following final enactment. 23.29 Sections 4, 5, 13, and 15, paragraph (b), are effective on the 23.30 effective date of rules adopted under section 3. 23.31 Section 9 is effective retroactive to April 25, 1995. 23.32 Sections 9 to 11, paragraph (a), are effective 23.33 retroactively to August 1, 1995.