SF 383

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:12am

A bill for an act
relating to environment; requiring certain yard waste containers to be
compostable; establishing biodegradable standard for certain plastics; providing
civil penalties; requiring rulemaking; amending Minnesota Statutes 2008, section
115A.931; proposing coding for new law in Minnesota Statutes, chapter 325E.

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

Section 1.

Minnesota Statutes 2008, section 115A.931, is amended to read:

115A.931 YARD WASTE PROHIBITION.

(a) Except as authorized by the agency, in the metropolitan area after January 1,
1990, and outside the metropolitan area after January 1, 1992, a person may not place
yard waste:

(1) in mixed municipal solid waste;

(2) in a disposal facility; or

(3) in a resource recovery facility except for the purposes of reuse, composting, or
cocomposting.

(b) [Renumbered 115A.03, subd 38]

new text begin (c) After September 1, 2009, any bag or container containing yard waste delivered to
a yard waste compost facility located in a metropolitan county or yard waste generated in
a metropolitan county and delivered to another county must meet all the specifications in
ASTM Standard Specification for Compostable Plastics (D6400). For purposes of this
paragraph, "metropolitan county" has the meaning given in section 473.121, subdivision
4, and "ASTM" has the meaning given in section 296A.01, subdivision 6.
new text end

Sec. 2.

new text begin [325E.046] BIODEGRADABLE STANDARD FOR PLASTIC BAGS
AND CONTAINERS.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibition. new text end

new text begin A person may not manufacture or bring into this state
for sale in this state a plastic bag or container labeled "compostable," "biodegradable,"
"degradable," or any form of those terms, or in any way imply that the bag or container
will break down in a landfill, composting, or other terrestrial environment unless, at the
time of sale, the bag or container meets the ASTM Standard Specification for Compostable
Plastics (D6400). For purposes of this section, "ASTM" has the meaning given in section
296A.01, subdivision 6.
new text end

new text begin Subd. 2. new text end

new text begin Enforcement; civil penalty; injunctive relief. new text end

new text begin (a) A person who violates
subdivision 1 is subject to a civil penalty of $100 for each violation up to a maximum of
$5,000 and may be enjoined from such violations.
new text end

new text begin (b) The attorney general may bring an action in the name of the state in a court of
competent jurisdiction for recovery of civil penalties or for injunctive relief as provided in
this subdivision. The attorney general may accept an assurance of discontinuance of acts
in violation of subdivision 1 in the manner provided in section 8.31, subdivision 2b.
new text end

Sec. 3. new text begin RULEMAKING.
new text end

new text begin The Pollution Control Agency shall, by October 1, 2010, adopt a rule under
Minnesota Statutes, chapter 14, creating a permit issuing process for siting a
source-separated composting facility. The rules must specify, at a minimum, location
standards and any physical site evaluations and performance standards the agency
determines are necessary to protect groundwater.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective the day following final enactment.
new text end