SF 2870

as introduced - 88th Legislature (2013 - 2014) Posted on 03/24/2014 08:20am

A bill for an act
relating to landfill cleanup; amending the definition of "qualified facility";
amending Minnesota Statutes 2012, section 115B.39, subdivision 2.

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

Section 1.

Minnesota Statutes 2012, section 115B.39, subdivision 2, is amended to read:

Subd. 2.

Definitions.

(a) In addition to the definitions in this subdivision, the
definitions in sections 115A.03 and 115B.02 apply to sections 115B.39 to 115B.445,
except as specifically modified in this subdivision.

(b) "Cleanup order" means a consent order between responsible persons and the
agency or an order issued by the United States Environmental Protection Agency under
section 106 of the federal Superfund Act.

(c) "Closure" means actions to prevent or minimize the threat to public health and
the environment posed by a mixed municipal solid waste disposal facility that has stopped
accepting waste by controlling the sources of releases or threatened releases at the facility.
"Closure" includes removing contaminated equipment and liners; applying final cover;
grading and seeding final cover; installing wells, borings, and other monitoring devices;
constructing groundwater and surface water diversion structures; and installing gas control
systems and site security systems, as necessary. The commissioner may authorize use of
final cover that includes processed materials that meet the requirements in Code of Federal
Regulations, title 40, section 503.32, paragraph (a).

(d) "Closure upgrade" means construction activity that will, at a minimum, modify
an existing cover so that it satisfies current rule requirements for mixed municipal solid
waste land disposal facilities.

(e) "Contingency action" means organized, planned, or coordinated courses of action
to be followed in case of fire, explosion, or release of solid waste, waste by-products, or
leachate that could threaten human health or the environment.

(f) "Corrective action" means steps taken to repair facility structures including
liners, monitoring wells, separation equipment, covers, and aeration devices and to bring
the facility into compliance with design, construction, groundwater, surface water, and air
emission standards.

(g) "Decomposition gases" means gases produced by chemical or microbial activity
during the decomposition of solid waste.

(h) "Dump materials" means nonhazardous mixed municipal solid wastes disposed
at a Minnesota waste disposal site other than a qualified facility prior to 1973.

(i) "Environmental response action" means response action at a qualified facility,
including corrective action, closure, postclosure care; contingency action; environmental
studies, including remedial investigations and feasibility studies; engineering, including
remedial design; removal; remedial action; site construction; and other similar
cleanup-related activities.

(j) "Environmental response costs" means:

(1) costs of environmental response action, not including legal or administrative
expenses; and

(2) costs required to be paid to the federal government under section 107(a) of
the federal Superfund Act, as amended.

(k) "Postclosure" or "postclosure care" means actions taken for the care, maintenance,
and monitoring of closure actions at a mixed municipal solid waste disposal facility.

(l) "Qualified facility" means a mixed municipal solid waste disposal facility as
described in the most recent agency permit, including adjacent property used for solid
waste disposal that did not occur under a permit from the agency, that:

(1)(i) is or was permitted by the agency;

(ii) stopped accepting solid waste, except demolition debris, for disposal by April 9,
1994; and

(iii) stopped accepting demolition debris for disposal by June 1, 1994, except that
demolition debris may be accepted until May 1, 1995, at a permitted area where disposal
of demolition debris is allowed, if the area where the demolition debris is deposited is at
least 50 feet from the fill boundary of the area where mixed municipal solid waste was
deposited; or

(2) deleted text begin (i) deleted text end is or was permitted by the agency; and

deleted text begin (ii) deleted text end new text begin (i) new text end stopped accepting waste by January 1, 2000, except that demolition debris,
industrial waste, and municipal solid waste combustor ash may be accepted until January
1, 2001, at a permitted area where disposal of such waste is allowed, if the area where
the waste is deposited is at least 50 feet from the fill boundary of the area where mixed
municipal solid waste was deposited new text begin ; or
new text end

new text begin (ii) stopped accepting waste by January 1, 2015, and is located in a county that
meets all applicable recycling goals in section 115A.551 and that has arranged for all
mixed municipal solid waste generated in the county to be delivered to and processed by a
resource recovery facility located in the county for at least 20 years new text end .

new text begin EFFECTIVE DATE. new text end

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