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; implementing the transfer 1.3 of solid waste management duties of the metropolitan 1.4 council to the office of environmental assistance; 1.5 providing for the management of waste; providing 1.6 penalties; amending Minnesota Statutes 1992, section 1.7 115A.33, as reenacted; Minnesota Statutes 1994, 1.8 sections 16B.122, subdivision 3; 115.071, subdivision 1.9 1; 115A.055; 115A.07, subdivision 3; 115A.072, 1.10 subdivisions 1, 3, and 4; 115A.12; 115A.14, 1.11 subdivision 4; 115A.15, subdivision 9; 115A.191, 1.12 subdivisions 1 and 2; 115A.32; 115A.411; 115A.42; 1.13 115A.45; 115A.46, subdivisions 1 and 5; 115A.55, 1.14 subdivision 3, and by adding a subdivision; 115A.5501, 1.15 subdivisions 2, 3, and 4; 115A.5502; 115A.551, 1.16 subdivisions 2a, 4, 5, 6, and 7; 115A.554; 115A.557, 1.17 subdivisions 3 and 4; 115A.558; 115A.63, subdivision 1.18 3; 115A.84, subdivision 3; 115A.86, subdivision 2; 1.19 115A.919, subdivision 3; 115A.921, subdivision 1; 1.20 115A.923, subdivision 1; 115A.9302, subdivisions 1 and 1.21 2; 115A.951, subdivision 4; 115A.96, subdivision 2; 1.22 115A.965, subdivision 1; 115A.9651, subdivision 2; 1.23 115A.97, subdivisions 5 and 6; 115A.981, subdivision 1.24 3; 115D.03, subdivision 5, and by adding a 1.25 subdivision; 115D.05; 115D.07, subdivisions 1 and 2; 1.26 115D.08, subdivision 1; 115D.10; 116.07, subdivisions 1.27 4a and 4j; 116.072; 116.66, subdivisions 2 and 4; 1.28 116.92, subdivision 4; 325E.0951, subdivision 5; 1.29 400.16; 400.161; 473.149, subdivisions 1, 2d, 2e, 3, 1.30 4, and 6; 473.151; 473.516, subdivision 2; 473.801, 1.31 subdivision 1, and by adding subdivisions; 473.8011; 1.32 473.803, subdivisions 1, 1c, 2, 2a, 3, 4, and 5; 1.33 473.804; 473.811, subdivisions 1, 4a, 5, 5c, 7, and 8; 1.34 473.813, subdivision 2; 473.823, subdivisions 3, 5, 1.35 and 6; 473.843, subdivision 1; 473.844, subdivisions 1.36 1a and 4; 473.8441, subdivisions 2, 4, and 5; 473.845, 1.37 subdivision 4; 473.846; and 473.848, subdivisions 2 1.38 and 4; Laws 1994, chapters 585, section 51; 628, 1.39 article 3, section 209; proposing coding for new law 1.40 in Minnesota Statutes, chapters 16B; 115A; 116; and 1.41 480; repealing Minnesota Statutes 1994, sections 1.42 115A.165; 115A.81, subdivision 3; 115A.90, subdivision 1.43 3; 116.94; 383D.71, subdivision 2; 473.149, 1.44 subdivisions 2, 2a, 2c, 2f, and 5; 473.181, 1.45 subdivision 4; and 473.803, subdivisions 1b and 1e. 2.1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.2 ARTICLE 1 2.3 POLICY 2.4 Section 1. Minnesota Statutes 1994, section 16B.122, 2.5 subdivision 3, is amended to read: 2.6 Subd. 3. [PUBLIC ENTITY PURCHASING.] (a) Notwithstanding 2.7 section 365.37, 375.21, 412.311, or 473.705, a public entity may 2.8 purchase recycled materials when the price of the recycled 2.9 materials does not exceed the price of nonrecycled materials by 2.10 more than ten percent. In order to maximize the quantity and 2.11 quality of recycled materials purchased, a public entity also 2.12 may use other appropriate procedures to acquire recycled 2.13 materials at the most economical cost to the public entity. 2.14 (b) When purchasing commodities and services, a public 2.15 entity shall apply and promote the preferred waste management 2.16 practices listed in section 115A.02, with special emphasis on 2.17 reduction of the quantity and toxicity of materials in waste. A 2.18 public entity, in developing bid specifications, shall consider 2.19 the extent to which a commodity or product is durable, reusable, 2.20 or recyclable and marketable through the applicable local or 2.21 regional recycling program and the extent to which the commodity 2.22 or product contains postconsumer material. When a project by a 2.23 public entity involves the replacement of carpeting, the public 2.24 entity may require all persons who wish to bid on the project to 2.25 designate a carpet recycling company in their bids. 2.26 Sec. 2. [16B.124] [CONSIDERATION OF ENVIRONMENTAL IMPACTS 2.27 OF METAL RECYCLING FACILITIES.] 2.28 (a) The state, counties, towns, and home rule charter or 2.29 statutory cities shall include consideration of environmental 2.30 impacts in selecting a recycling facility for the recycling of 2.31 scrap metal. 2.32 (b) For the purposes of this section, "recycling facility" 2.33 has the meaning given in section 115A.03, subdivision 25c. 2.34 Sec. 3. [115A.0715] [CONSOLIDATED GRANT AND LOAN 2.35 PROGRAMS.] 2.36 The director may consolidate and jointly administer the 3.1 following grant and loan programs: public education under 3.2 section 115A.072, technical and research assistance under 3.3 section 115A.152, waste reduction under section 115A.154, waste 3.4 processing and collection facilities and services under section 3.5 115A.156, market development under section 115A.48, waste 3.6 separation projects under section 115A.53, solid waste reduction 3.7 under section 115A.55, used oil under section 115A.9162, litter 3.8 under section 115A.991, pollution prevention assistance under 3.9 section 115D.04, and pollution prevention under section 115D.05. 3.10 Sec. 4. Minnesota Statutes 1994, section 115A.072, 3.11 subdivision 3, is amended to read: 3.12 Subd. 3. [EDUCATION GRANTS.] (a) The director shall 3.13 provide grants to persons for the purpose of developing and 3.14 distributing waste education information. 3.15 (b)
The director shall provide grants and technical3.16 assistance to formal and informal education facilities to3.17 develop and implement a model program to incorporate waste3.18 reduction, recycling, litter prevention, and proper management3.19 of problem materials into educational operations.3.20 (c)The director shall provide grants or awards and 3.21 technical assistance to formal and informal education facilities 3.22 to develop or implement ongoing programs for waste reduction, 3.23 recycling, litter prevention, and proper management of problem 3.24 materials programs. 3.25 Sec. 5. Minnesota Statutes 1994, section 115A.072, 3.26 subdivision 4, is amended to read: 3.27 Subd. 4. [EDUCATION, PROMOTION, AND PROCUREMENT.] The 3.28 director shall include: (1) waste reduction and reuse, 3.29 including packaging reduction and reuse; and (2) the hazards of 3.30 open burning, as defined in section 88.01, of mixed municipal 3.31 solid waste, especially the hazards of dioxin emissions to 3.32 children, as an elementelements of the director's program of 3.33 public education on waste management required under this 3.34 section. The waste reduction and reuse education program must 3.35 include dissemination of information and may include an award 3.36 program for model waste reduction and reuse efforts. Waste 4.1 reduction and reuse educational efforts must also include 4.2 provision of information about and promotion of the model 4.3 procurement program developed by the commissioner of 4.4 administration under section 115A.15, subdivision 7, or any 4.5 other model procurement program that results in significant 4.6 waste reduction and reuse. 4.7 Sec. 6. Minnesota Statutes 1992, section 115A.33, as 4.8 reenacted by sections 60 and 64, is amended to read: 4.9 115A.33 [ELIGIBILITY; REQUEST FOR REVIEW.] 4.10 The following persons shall be eligible to request 4.11 supplementary review by the board pursuant to sections 115A.32 4.12 to 115A.39: (a) a generator of sewage sludge within the state 4.13 who has been issued permits by the agency for a facility to 4.14 dispose of sewage sludge or solid waste resulting from sewage 4.15 treatment; (b) a political subdivision which has been issued 4.16 permits by the agency, or a political subdivision acting on 4.17 behalf of a person who has been issued permits by the agency, 4.18 for a solid waste facility which is no larger than 250 acres, 4.19 not including any proposed buffer area, and located outside the 4.20 metropolitan area; (c) a generator of hazardous waste within the 4.21 state who has been issued permits by the agency for a hazardous 4.22 waste facility to be owned and operated by the generator, on 4.23 property owned by the generator, and to be used by the generator 4.24 for managing the hazardous wastes produced by the generator 4.25 only; (d) a person who has been issued permits by the agency for 4.26 a commercial hazardous waste processing facility at a site 4.27 included in the board's inventory of preferred sites for such 4.28 facilities adopted pursuant to section 115A.09; (e) a person who 4.29 has been issued permits by the agency for a disposal facility 4.30 for the nonhazardous sludge, ash, or other solid waste generated 4.31 by a permitted hazardous waste processing facility operated by 4.32 the person. The metropolitan waste control commission shall not4.33 be eligible to request review under clause (a) for a sewage4.34 sludge disposal facility. The metropolitan waste control4.35 commission shall not be eligible to request review under clause4.36 (a) for a solid waste facility with a proposed permitted life of5.1 longer than four years.The board may require completion of a 5.2 plan conforming to the requirements of section 115A.46, before 5.3 granting review under clause (b). A request for supplementary 5.4 review shall show that the required permits for the facility 5.5 have been issued by the agency and that a political subdivision 5.6 has refused to approve the establishment or operation of the 5.7 facility. 5.8 Sec. 7. Minnesota Statutes 1994, section 115A.411, is 5.9 amended to read: 5.10 115A.411 [SOLID WASTE MANAGEMENT POLICY; CONSOLIDATED 5.11 REPORT.] 5.12 Subdivision 1. [AUTHORITY; PURPOSE.] The director with 5.13 assistance from the commissioner shall prepare and adopt a 5.14 report on solid waste management policy excluding the5.15 metropolitan area. The report must be submitted by the director 5.16 to the legislative commission on waste management by July 1 of 5.17 each even-numberedodd-numbered year and mayshall include 5.18 reports required under sections 115A.55, subdivision 4, 5.19 paragraph (b); 115A.551, subdivision 4 , and; 115A.557, 5.20 subdivision 4; 473.149, subdivision 6; 473.846; and 473.848, 5.21 subdivision 4. 5.22 Subd. 2. [CONTENTS.] (a) The report must also include: 5.23 (1) a summary of the current status of solid waste 5.24 management, including the amount of solid waste generated, the 5.25 manner in which it is collected, processed, and disposed, the 5.26 extent of separation, recycling, reuse, and recovery of solid 5.27 waste, and the facilities available or under development to 5.28 manage the waste; 5.29 (2) a summary of current state solid waste management5.30 policies, goals, and objectives, including their statutory,5.31 administrative, and regulatory basis and the state agencies and5.32 political subdivisions responsible for implementation;5.33 (3)(2) an evaluation of the extent and effectiveness of 5.34 implementation and an assessment of progress in accomplishing 5.35 state policies, goals, and objectives, including those listed in 5.36 paragraph (b); 6.1 (4) estimates of the generation of solid waste anticipated6.2 for the future, the manner in which the waste is likely to be6.3 managed, and the programs and facilities that will be available6.4 and needed for proper waste management;6.5 (5)(3) identification of issues requiring further 6.6 research, study, and action, the appropriate scope of the 6.7 research, study, or action, the state agency or political 6.8 subdivision that should implement the research, study, or 6.9 action, and a schedule for completion of the activity; and 6.10 (6)(4) recommendations for establishing or modifying state 6.11 solid waste management policies, authorities, and programs. 6.12 (b) Beginning in 1997, and every sixth year thereafter, the 6.13 report shall be expanded to include the metropolitan area solid 6.14 waste policy plan required in section 473.149, subdivision 1, 6.15 and strategies for the office to advance the goals of this 6.16 chapter, to manage waste as a resource, to further reduce the 6.17 need for expenditures on resource recovery and disposal 6.18 facilities, and to further reduce long-term environmental and 6.19 financial liabilities. The expanded report must include 6.20 strategies for: 6.21 (1) achieving the maximum feasible reduction in waste 6.22 generation; 6.23 (2) encouraging manufacturers to design products that 6.24 eliminate or reduce the adverse environmental impacts of 6.25 resource extraction, manufacturing, use, and waste processing 6.26 and disposal; 6.27 (3) educating businesses, public entities, and other 6.28 consumers about the need to consider the potential environmental 6.29 and financial impacts of purchasing products that may create a 6.30 liability or that may be expensive to recycle or manage as 6.31 waste, due to the presence of toxic or hazardous components; 6.32 (4) eliminating or reducing toxic or hazardous components 6.33 in compost from municipal solid waste composting facilities, in 6.34 ash from municipal solid waste incinerators, and in leachate and 6.35 air emissions from municipal solid waste landfills, in order to 6.36 reduce the potential liability of waste generators, facility 7.1 owners and operators, and taxpayers; 7.2 (5) encouraging the source separation of materials to the 7.3 extent practicable, so that the materials are most appropriately 7.4 managed and to ensure that resources that can be reused or 7.5 recycled are not disposed of or destroyed; and 7.6 (6) maximizing the efficiency of the waste management 7.7 system by managing waste and recyclables close to the point of 7.8 generation, taking into account the characteristics of the 7.9 resources to be recovered from the waste and the type and 7.10 capacity of local facilities. 7.11 Sec. 8. Minnesota Statutes 1994, section 115A.46, 7.12 subdivision 5, is amended to read: 7.13 Subd. 5. [JURISDICTION OF PLAN.] (a) After a county plan 7.14 has been submitted for approval under subdivision 1, a political7.15 subdivisionpublic entity, as defined in section 16B.122, 7.16 subdivision 1, within the county may not enter into a binding 7.17 agreement governing a solid waste management activity that is 7.18 inconsistent with the county plan without the consent of the 7.19 county. 7.20 (b) After a county plan has been approved under subdivision 7.21 1, the plan governs all solid waste management in the county and 7.22 a political subdivisionpublic entity, as defined in section 7.23 16B.122, subdivision 1, within the county may not develop or 7.24 implement a solid waste management activity, other than an 7.25 activity to reduce waste generation or reuse waste materials, 7.26 that is inconsistent with the county plan that the county is 7.27 actively implementing without the consent of the county. 7.28 Sec. 9. [115A.471] [PUBLIC ENTITIES; MANAGEMENT OF SOLID 7.29 WASTE.] 7.30 (a) Prior to entering into or approving a contract for the 7.31 management of mixed municipal solid waste which would manage the 7.32 waste using a waste management practice that is ranked lower on 7.33 the list of preferred waste management practices in section 7.34 115A.02, paragraph (b), than the waste management practice 7.35 selected for such waste in the county plan for the county in 7.36 which the waste was generated, a public entity must: 8.1 (1) determine the potential liability to the public entity 8.2 and its taxpayers for managing the waste in this manner; 8.3 (2) develop and implement a plan for managing the potential 8.4 liability; and 8.5 (3) submit the information from clauses (1) and (2) to the 8.6 agency. 8.7 (b) For the purpose of this subdivision, "public entity" 8.8 means the state; an office, agency, or institution of the state; 8.9 the metropolitan council; a metropolitan agency; the 8.10 metropolitan mosquito control district; the legislature; the 8.11 courts; a county; a statutory or home rule charter city; a town; 8.12 a school district; another special taxing district; or any other 8.13 general or special purpose unit of government in the state. 8.14 Sec. 10. Minnesota Statutes 1994, section 115A.55, 8.15 subdivision 3, is amended to read: 8.16 Subd. 3. [FINANCIAL ASSISTANCE.] (a) The director shall 8.17 make loans and grants to any person for the purpose of 8.18 developing and implementing projects or practices to prevent or 8.19 reduce the generation of solid waste including those that 8.20 involve reuse of items in their original form or in 8.21 manufacturing processes that do not cause the destruction of 8.22 recyclable materials in a manner that precludes further use, or 8.23 involve procuring, using, or producing products with long useful 8.24 lives. Grants may be used to fund studies needed to determine 8.25 the technical and financial feasibility of a waste reduction 8.26 project or practice or for the cost of implementation of a waste 8.27 reduction project or practice that the director has determined 8.28 is technically and financially feasible. 8.29 (b) In making grants or loans, the director shall give 8.30 priority to waste reduction projects or practices that have 8.31 broad application in the state and that have the potential for 8.32 significant reduction of the amount of waste generated. 8.33 (c) All information developed as a result of a grant or 8.34 loan shall be made available to other solid waste generators 8.35 through the public information program established in 8.36 subdivision 2. 9.1 (d) The director shall adopt rules for the administration 9.2 of this program and may administer the program in conjunction 9.3 with the grant program established under section 115D.05. The 9.4 rules must prescribe the level or levels of matching funds 9.5 required for grants or loans under this subdivision. 9.6 Sec. 11. Minnesota Statutes 1994, section 115A.55, is 9.7 amended by adding a subdivision to read: 9.8 Subd. 4. [STATEWIDE SOURCE REDUCTION GOAL.] (a) It is a 9.9 goal of the state that there be a minimum ten percent per capita 9.10 reduction in the amount of mixed municipal solid waste generated 9.11 in the state by December 31, 2000, based on a reasonable 9.12 estimate of the amount of mixed municipal solid waste that was 9.13 generated in calendar year 1993. 9.14 (b) As part of the 1997 report required under section 9.15 115A.411, the director shall submit to the legislative 9.16 commission on waste management a proposed strategy for meeting 9.17 the goal in paragraph (a). The strategy must include a 9.18 discussion of the different reduction potentials to be found in 9.19 various sectors and may include recommended interim goals. The 9.20 director shall report progress on meeting the goal in paragraph 9.21 (a), as well as recommendations and revisions to the proposed 9.22 strategy, as part of the 1999 report required under section 9.23 115A.411. 9.24 Sec. 12. Minnesota Statutes 1994, section 115A.5501, 9.25 subdivision 4, is amended to read: 9.26 Subd. 4. [REPORT.] The director shall apply the statewide 9.27 percentage determined under subdivision 2 to the aggregate 9.28 amount of solid waste determined under subdivision 3 to 9.29 determine the amount of packaging in the waste stream. By July 9.30 1, 1996, the director shall submit to the legislative commission 9.31 on waste management an analysis of the extent to which the waste 9.32 packaging reduction goal in subdivision 1 has been met. In 9.33 determining whether the goal has been met, the margin of error 9.34 must be applied in favor of meeting the goal. The director 9.35 shall use the statistical mean for the data collected in 9.36 determining whether the goal has been met and shall include in 10.1 the analysis a discussion of the margin of error and statistical 10.2 reliability for the data collected. 10.3 Sec. 13. Minnesota Statutes 1994, section 115A.5502, is 10.4 amended to read: 10.5 115A.5502 [PACKAGING PRACTICES; PREFERENCES; GOALS.] 10.6 Packaging forms a substantial portion of solid waste and 10.7 contributes to environmental degradation and the costs of 10.8 managing solid waste. It is imperative to reduce the amount and 10.9 toxicity of packaging that must be managed as solid waste. In 10.10 order to achieve significant reduction of packaging in solid 10.11 waste and to assist packagers and others to meet the packaging 10.12 reduction goal in section 115A.5501, the goal of the state is 10.13 that items be distributed without any packaging where feasible 10.14 and, only when necessary to protect health and safety or product 10.15 integrity, with the minimal amount of packaging possible. The 10.16 following categories of packaging are listed in order of 10.17 preference for use by all persons who find it necessary to 10.18 package items for distribution or use in the state: 10.19 (1) minimal packaging that contains no intentionally 10.20 introduced toxic materials and that is designed to be and 10.21 actually is reused for its original purpose at least five times; 10.22 (2) minimal packaging that contains no intentionally 10.23 introduced toxic materials and consists of a significant 10.24 percentage of postconsumer material; 10.25 (3) minimal packaging that contains no intentionally 10.26 introduced toxic materials, that is recyclable, and is regularly 10.27 collected through recycling collection programs available to at 10.28 least 75 percent of the residents of the state; 10.29 (3)(4) minimal packaging that does not comply with clauses10.30 clause (1) and, (2), or (3) because it is required under federal 10.31 or state law and for which there does not exist a commercially 10.32 feasible alternative that does comply with clauses10.33 clause (1) and, (2), or (3); 10.34 (4)(5) packaging that contains no intentionally introduced 10.35 toxic materials but does not comply with clauses (1) to (3)(4); 10.36 and 11.1 (5)(6) all other packaging. 11.2 Sec. 14. Minnesota Statutes 1994, section 115A.551, 11.3 subdivision 2a, is amended to read: 11.4 Subd. 2a. [SUPPLEMENTARY RECYCLING GOALS.] (a) By December 11.5 31, 1996, each county will have as a goal to recycle the 11.6 following amounts: 11.7 (1) for a county outside of the metropolitan area, 3035 11.8 percent by weight of total solid waste generation; 11.9 (2) for a metropolitan county, 4550 percent by weight of 11.10 total solid waste generation. 11.11 Each county will develop and implement or require political 11.12 subdivisions within the county to develop and implement 11.13 programs, practices, or methods designed to meet its recycling 11.14 goal. Nothing in this section or in any other law may be 11.15 construed to prohibit a county from establishing a higher 11.16 recycling goal. For the purposes of this subdivision "recycle"11.17 and "total solid waste generation" have the meanings given them11.18 in subdivision 1, except that neither includes yard waste.11.19 (b) For a county that, by January 1, 1995, is implementing 11.20 a solid waste reduction program that is approved by the 11.21 director, the director shall apply three percentage points 11.22 toward achievement of the recycling goals in this subdivision. 11.23 In addition, the director shall apply demonstrated waste 11.24 reduction that exceeds three percent reduction toward 11.25 achievement of the goals in this subdivision. 11.26 (c) No more than five percentage points may be applied 11.27 toward achievement of the recycling goals in this subdivision 11.28 for management of yard waste. The five percentage points must 11.29 be applied as provided in this paragraph. The director shall 11.30 apply three percentage points for a county in which residents, 11.31 by January 1, 1996, are provided with: 11.32 (1) an ongoing comprehensive education program under which 11.33 they are informed about how to manage yard waste and are 11.34 notified of the prohibition in section 115A.931; and 11.35 (2) the opportunity to drop off yard waste at specified 11.36 sites or participate in curbside yard waste collection. 12.1 The director shall apply up to an additional two percentage 12.2 points toward achievement of the recycling goals in this 12.3 subdivision for additional activities approved by the director 12.4 that are likely to reduce the amount of yard waste generated and 12.5 to increase the on-site composting of yard waste. 12.6 Sec. 15. Minnesota Statutes 1994, section 115A.551, 12.7 subdivision 4, is amended to read: 12.8 Subd. 4. [INTERIM MONITORING.] The director , for counties12.9 outside of the metropolitan area, and the metropolitan council,12.10 for counties within the metropolitan area,shall monitor the 12.11 progress of each county toward meeting the recycling goals in 12.12 subdivisions 2 and 2a. The director shall report to the 12.13 legislative commission on waste management on the progress of 12.14 the counties by July 1 of each odd-numbered year. The12.15 metropolitan council shall report to the legislative commission12.16 on waste management on the progress of the counties by July 1 of12.17 each year.If the director or the councilfinds that a county 12.18 is not progressing toward the goals in subdivisions 2 and 2a, it 12.19 shall negotiate with the county to develop and implement solid 12.20 waste management techniques designed to assist the county in 12.21 meeting the goals, such as organized collection, curbside 12.22 collection of source-separated materials, and volume-based 12.23 pricing. 12.24 In even-numbered yearsThe progress report mayshall be 12.25 included in the solid waste management policyreport required 12.26 under section 115A.411. The metropolitan council's progress12.27 report shall be included in the report required by section12.28 4220.127.116.11 Sec. 16. Minnesota Statutes 1994, section 115A.551, 12.30 subdivision 6, is amended to read: 12.31 Subd. 6. [COUNTY SOLID WASTE PLANS.] (a)Each county shall 12.32 include in its solid waste management plan described in section 12.33 115A.46, or its solid waste master plan described in section 12.34 473.803, a planrecycling implementation strategy for 12.35 implementingmeeting the recycling goal established in 12.36 subdivision 22a along with mechanisms for providing financial 13.1 incentives to solid waste generators to reduce the amount of 13.2 waste generated and to separate recyclable materials from the 13.3 waste stream. The recycling plan must include detailed13.4 recycling implementation information to form the basis for the13.5 strategy required in subdivision 7.13.6 (b) Each county required to submit its plan to the director13.7 under section 115A.46 shall amend its plan to comply with this13.8 subdivision within one year after October 4, 1989.13.9 Sec. 17. Minnesota Statutes 1994, section 115A.551, 13.10 subdivision 7, is amended to read: 13.11 Subd. 7. [RECYCLING IMPLEMENTATION STRATEGY.] Within one13.12 year of approval of the portion of the plan required in13.13 subdivision 6,Each nonmetropolitancounty shall submit to the 13.14 director for approval a localthe recycling implementation 13.15 strategy required in subdivision 6. The localrecycling 13.16 implementation strategy must be submitted by October 31, 1995, 13.17 and must: 13.18 (1) be consistent with the approved county solid waste 13.19 management plan; 13.20 (2) identify the materials that are being and will be 13.21 recycled in the county to meet the goals under this section and 13.22 the parties responsible and methods for recycling the material; 13.23 and13.24 (3) define the need for funds to ensure continuation of13.25 local recycling, methods of raising and allocating such funds,13.26 and permanent sources and levels of local funding for recycling13.27 provide a budget to ensure adequate funding for needed county 13.28 and local programs and demonstrate an ongoing commitment to 13.29 spending the money on recycling programs; and 13.30 (4) include a schedule for implementing recycling 13.31 activities needed to meet the goals in subdivision 2a. 13.32 Sec. 18. Minnesota Statutes 1994, section 115A.554, is 13.33 amended to read: 13.34 115A.554 [AUTHORITY OF SANITARY DISTRICTS.] 13.35 A sanitary district has the authorities and duties of 13.36 counties within the district's boundary for purposes of sections 14.1 115A.46, subdivision 4; 115A.48; 115A.551; 115A.552; 115A.553; 14.2 115A.919; 115A.929; 115A.93; 115A.96, subdivision 6; 115A.961; 14.3 115A.991; 116.072; 375.18, subdivision 14; 400.08, except 14.4 subdivision 4, paragraph (b); 400.16; and 400.161. 14.5 Sec. 19. Minnesota Statutes 1994, section 115A.557, 14.6 subdivision 3, is amended to read: 14.7 Subd. 3. [ELIGIBILITY TO RECEIVE MONEY.] (a) To be 14.8 eligible to receive money distributed by the director under this 14.9 section, a county shall within one year of October 4, 1989: 14.10 (1) create a separate account in its general fund to credit 14.11 the money; and 14.12 (2) set up accounting procedures to ensure that money in 14.13 the separate account is spent only for the purposes in 14.14 subdivision 2. 14.15 (b) In each following year, each county shall also: 14.16 (1) have in place an approved solid waste management plan 14.17 or master plan including a recycling implementation strategy 14.18 under section 115A.551, subdivision 7, or 473.803, subdivision14.19 1e,and a household hazardous waste management plan under 14.20 section 115A.96, subdivision 6, by the dates specified in those 14.21 provisions; 14.22 (2) submit a report by April 1 of each year to the director 14.23 detailing how the money was spent and the resulting gains 14.24 achieved in solid waste management practices during the previous 14.25 calendar year; and 14.26 (3) provide evidence to the director that local revenue 14.27 equal to 25 percent of the money sought for distribution under 14.28 this section will be spent for the purposes in subdivision 2. 14.29 (c) The director shall withhold all or part of the funds to 14.30 be distributed to a county under this section if the county 14.31 fails to comply with this subdivision and subdivision 2. 14.32 Sec. 20. Minnesota Statutes 1994, section 115A.557, 14.33 subdivision 4, is amended to read: 14.34 Subd. 4. [REPORT.] By July 1 of each odd-numbered year, 14.35 the director shall report on how the money was spent and the 14.36 resulting statewide improvements in solid waste management to 15.1 the house of representatives and senate appropriations and 15.2 finance committees and the legislative commission on waste 15.3 management. In even-numbered yearsThe report mayshall be 15.4 included in the solid waste management policyreport required 15.5 under section 115A.411. 15.6 Sec. 21. Minnesota Statutes 1994, section 115A.919, 15.7 subdivision 3, is amended to read: 15.8 Subd. 3. [EXEMPTIONS.] (a) Waste residue from recycling 15.9 facilities at which recyclable materials are separated or 15.10 processed for the purpose of recycling, or from energy and 15.11 resource recovery facilities at which solid waste is processed 15.12 for the purpose of extracting, reducing, converting to energy, 15.13 or otherwise separating and preparing solid waste for reuse 15.14 shall be exempt from any fee imposed by a county under this 15.15 section if there is at least an 85 percent volumeweight 15.16 reduction in the solid waste processed. Before any fee is 15.17 reduced, the verification procedures of section 473.843, 15.18 subdivision 1, paragraph (c), must be followed and submitted to 15.19 the appropriate county, except that for facilities operating 15.20 outside of the metropolitan area the commissioner shall 15.21 prescribe procedures for verifying the required 85 15.22 percent volumeweight reduction. 15.23 (b) A facility permitted for the disposal of construction 15.24 debris is exempt from 25 percent of a fee imposed under 15.25 subdivision 1 if the facility has implemented a recycling 15.26 program approved by the county and 25 percent if the facility 15.27 contains a liner and leachate collection system approved by the 15.28 agency. 15.29 Sec. 22. Minnesota Statutes 1994, section 115A.921, 15.30 subdivision 1, is amended to read: 15.31 Subdivision 1. [MIXED MUNICIPAL SOLID WASTE.] A city or 15.32 town may impose a fee, not to exceed $1 per cubic yard of waste, 15.33 or its equivalent, on operators of facilities for the disposal 15.34 of mixed municipal solid waste located within the city or town. 15.35 The revenue from the fees must be credited to the city or town 15.36 general fund. Revenue produced by 25 cents of the fee must be 16.1 used only for purposes of landfill abatement or for purposes of 16.2 mitigating and compensating for the local risks, costs, and 16.3 other adverse effects of facilities. Revenue produced by the 16.4 balance of the fee may be used for any general fund purpose. 16.5 Waste residue from recycling facilities at which recyclable 16.6 materials are separated or processed for the purpose of 16.7 recycling, or from energy and resource recovery facilities at 16.8 which solid waste is processed for the purpose of extracting, 16.9 reducing, converting to energy, or otherwise separating and 16.10 preparing solid waste for reuse shall be exempt from the fee 16.11 imposed by a city or town under this section if there is at 16.12 least an 85 percent volumeweight reduction in the solid waste 16.13 processed. Before any fee is reduced, the verification 16.14 procedures of section 473.843, subdivision 1, paragraph (c), 16.15 must be followed and submitted to the appropriate city or town, 16.16 except that for facilities operating outside of the metropolitan 16.17 area the commissioner shall prescribe procedures for verifying 16.18 the required 85 percent volumeweight reduction. 16.19 Sec. 23. Minnesota Statutes 1994, section 115A.923, 16.20 subdivision 1, is amended to read: 16.21 Subdivision 1. [AMOUNT OF FEE.] (a) The operator of a 16.22 mixed municipal solid waste disposal facility outside of the 16.23 metropolitan area shall charge a fee on solid waste accepted and 16.24 disposed of at the facility as follows: 16.25 (1) a facility that weighs the waste that it accepts must 16.26 charge a fee of $2 per cubic yard based on equivalent cubic 16.27 yards of waste accepted at the entrance of the facility; 16.28 (2) a facility that does not weigh the waste but that 16.29 measures the volume of the waste that it accepts must charge a 16.30 fee of $2 per cubic yard of waste accepted at the entrance of 16.31 the facility; and 16.32 (3) waste residue from recycling facilities at which 16.33 recyclable materials are separated or processed for the purpose 16.34 of recycling, or from energy and resource recovery facilities at 16.35 which solid waste is processed for the purpose of extracting, 16.36 reducing, converting to energy, or otherwise separating and 17.1 preparing solid waste for reuse is exempt from the fee imposed 17.2 by this subdivision if there is at least an 85 percent volume17.3 weight reduction in the solid waste processed. 17.4 (b) To qualify for exemption under paragraph (a), clause 17.5 (3), waste residue must be brought to a disposal facility 17.6 separately. The commissioner shall prescribe procedures for 17.7 determining the amount of waste residue qualifying for exemption. 17.8 Sec. 24. Minnesota Statutes 1994, section 115A.9302, 17.9 subdivision 1, is amended to read: 17.10 Subdivision 1. [DISCLOSURE REQUIRED.] (a) By January 1, 17.11 1994, and at least annually thereafter between January 1 and 17.12 March 31, a person that collects construction debris, industrial 17.13 waste, or mixed municipal solid waste for transportation to a 17.14 waste facility shall disclose to each waste generator from whom 17.15 waste is collected the name, location, and type of, and the 17.16 number of the permit issued by the agency, or its counterpart in 17.17 another state, if applicable, for the processing or disposal 17.18 facility or facilities, excluding a transfer station, at which 17.19 the waste will be deposited. The collector shall note boththe 17.20 approximate percentage of waste deposited at each of the two 17.21 primary facility at which the collector most often deposits17.22 wastefacilities used for the type of waste collected from the 17.23 generator in the county in which the generator generates the 17.24 waste and any alternative facilities regularly used by the 17.25 collector .for the type of waste collected from the generator in 17.26 the county in which the generator generates the waste. 17.27 (b) All written disclosures must include the following 17.28 statement: 17.29 "You may be responsible for any liability that results from 17.30 contamination at a facility where your waste has been 17.31 deposited. Minnesota believes that its waste management system 17.32 provides substantially more financial and environmental 17.33 protection than depositing waste in landfills in other states. 17.34 Managing your waste in Minnesota may minimize your potential 17.35 liability." 17.36 All oral disclosures must include the following statement: 18.1 "You may be responsible for any liability that results from 18.2 contamination at a facility where your waste has been deposited. 18.3 Minnesota believes that its waste management system offers more 18.4 protection from liability than the waste management systems of 18.5 other states." 18.6 (c) If any of the primary or alternative disposal 18.7 facilities identified by the collector in paragraph (a) are not 18.8 located in Minnesota, the disclosure must state "The landfill to 18.9 which your waste may be sent during the current calendar year is 18.10 not a Minnesota landfill." 18.11 Sec. 25. Minnesota Statutes 1994, section 115A.9302, 18.12 subdivision 2, is amended to read: 18.13 Subd. 2. [FORM OF DISCLOSURE.] (a) A collector shall make 18.14 the disclosure to the waste generator in writing at least once 18.15 per year orbetween January 1 and March 31 and on any written 18.16 contract for collection services for that year. The written 18.17 disclosure must include all of the information described in 18.18 subdivision 1. The oral disclosure required in this section 18.19 need only include the statement required in subdivision 1, 18.20 paragraph (b), and the statement required in subdivision 1, 18.21 paragraph (c), if that paragraph applies. If the license issued 18.22 by the county to the collector for collection within the county 18.23 does not require the collector to submit a copy of the 18.24 disclosure to the county, the collector shall submit a copy to 18.25 the commissioner by March 31 of each year. 18.26 (b) An oral disclosure is only required with regard to the 18.27 collection of mixed municipal solid waste. A collector must 18.28 provide the required disclosure orally to a waste generator at 18.29 the time the generator agrees to purchase regular collection 18.30 service and must provide written disclosure to the generator 18.31 within 45 days from the date of request. This oral disclosure 18.32 is not required if the city or county within which the waste is 18.33 generated selects the collector that may provide collection 18.34 services to the generator. 18.35 (c) If a collector provides one-time or occasional service 18.36 to a waste generator, the collector must orally provide the 19.1 generator with the required disclosure at the time the generator 19.2 agrees to purchase the service. The collector shall then 19.3 provide written disclosure to the generator within 45 days from 19.4 the date of request. 19.5 (d) If an additional facility becomes either a primary 19.6 facility or an alternative facility during the year, the 19.7 collector shall make the disclosure set forth in subdivision 1 19.8 within 30 days. A local government unit that collects solid 19.9 waste without direct charges to waste generators shall make the 19.10 disclosure on any statement that includes an amount for waste 19.11 management, provided that, at a minimum, disclosure to waste 19.12 generators must be made at least twice annually in a form likely 19.13 to be available to all generators. 19.14 (e) The agency may develop standard disclosure forms 19.15 containing the information that is required in this section. 19.16 Collectors may use the form developed by the agency. 19.17 Sec. 26. Minnesota Statutes 1994, section 115A.96, 19.18 subdivision 2, is amended to read: 19.19 Subd. 2. [MANAGEMENT PROGRAM.] (a)The agency shall 19.20 establish a statewide program to manage household hazardous 19.21 wastes. The program must include: 19.22 (1) the establishment and operation of collection sites; 19.23 and 19.24 (2) the provision of information, education, and technical 19.25 assistance regarding proper management of household hazardous 19.26 wastes. 19.27 (b) The agency shall report on its progress on establishing19.28 permanent collection sites to the legislative commission on19.29 waste management by November 1, 1991.19.30 Sec. 27. Minnesota Statutes 1994, section 115A.965, 19.31 subdivision 1, is amended to read: 19.32 Subdivision 1. [PACKAGING.] (a) As soon as feasible but 19.33 not later than August 1, 1993, no manufacturer or distributor 19.34 may sell or offer for sale or for promotional purposes in this 19.35 state packaging or a product that is contained in packaging if 19.36 the packaging itself, or any inks, dyes, pigments, adhesives, 20.1 stabilizers, or any other additives to the packaging contain any 20.2 lead, cadmium, mercury, or hexavalent chromium that has been 20.3 intentionally introduced as an element during manufacture or 20.4 distribution of the packaging. Intentional introduction does 20.5 not include the incidental presence of any of the prohibited 20.6 elements. 20.7 (b) For the purposes of this section: 20.8 (1) "distributor" means a person who imports packaging or 20.9 causes packaging to be imported into the state; and 20.10 (2) until August 15, 19951996, "packaging" does not 20.11 include steel strapping containing a total concentration level 20.12 of lead, cadmium, mercury, and hexavalent chromium, added 20.13 together, of less than 100 parts per million by weight. 20.14 Sec. 28. Minnesota Statutes 1994, section 115A.9651, 20.15 subdivision 2, is amended to read: 20.16 Subd. 2. [TEMPORARY EXEMPTION.] (a) An item listed in 20.17 subdivision 1 is exempt from this section until July 1, 199720.18 1998, if the manufacturer of the item submitssubmitted to the 20.19 commissioner a written request for an exemption by August 1, 20.20 1994. The request must include at least: 20.21 (1) an explanation of why compliance is not technically 20.22 feasible at the time of the request; 20.23 (2) how the manufacturer will comply by July 1, 1997; and 20.24 (3) the name, address, and telephone number of a person the 20.25 commissioner can contact for further information. 20.26 (b) By September 1, 1994, a person who uses an item listed 20.27 in subdivision 1, into which one of the listed metals has been 20.28 intentionally introduced, may submit, on behalf of the 20.29 manufacturer, a request for temporary exemption only if the 20.30 manufacturer fails to submit an exemption request as provided in 20.31 paragraph (a). The request must include: 20.32 (1) an explanation of why the person must continue to use 20.33 the item and a discussion of potential alternatives; 20.34 (2) an explanation of why it is not technically feasible at 20.35 the time of the request to formulate or manufacture the item 20.36 without intentionally introducing a listed metal; 21.1 (3) that the person will seek alternatives to using the 21.2 item by July 1, 1997, if it still contains an intentionally 21.3 introduced listed metal; and 21.4 (4) the name, address, and telephone number of a person the 21.5 commissioner can contact for further information. 21.6 (c) A person who submits a request for temporary exemption 21.7 under paragraph (b) may submit a request for a temporary 21.8 exemption after September 1, 1994, for an item that the person 21.9 will use as an alternative to the item for which the request was 21.10 originally made as long as the new item has a total 21.11 concentration level of all the listed metals that is 21.12 significantly less than in the original item. An exemption 21.13 under this paragraph expires July 1, 19971998, and the person 21.14 who requests it must submit the progress description required in 21.15 paragraph (e). 21.16 (d) By October 1, 1994, and annually thereafter if requests 21.17 are received under paragraph (c), the commissioner shall submit 21.18 to the legislative commission on waste management a list of 21.19 manufacturers and persons that have requested an exemption under 21.20 this subdivision and the items for which exemptions were sought, 21.21 along with copies of the requests. 21.22 (e) By July 1, 1996, each manufacturer on the list shall 21.23 submit to the commissioner a description of the progress the 21.24 manufacturer has made toward compliance with subdivision 1, and 21.25 the date compliance has been achieved or the date on or before 21.26 July 1, 19971998, by which the manufacturer anticipates 21.27 achieving compliance. By July 1, 1996, each person who has 21.28 requested an exemption under paragraph (b) or (c) shall submit 21.29 to the commissioner: 21.30 (1) a description of progress made to eliminate the listed 21.31 metal or metals from the item or progress made by the person to 21.32 find a replacement item that does not contain an intentionally 21.33 introduced listed metal; and 21.34 (2) the date or anticipated date the item is or will be 21.35 free of intentionally introduced metals or the date the person 21.36 has stopped or will stop using the item. 22.1 By October 1, 1996, the commissioner shall submit to the 22.2 legislative commission a summary of the progress made by the 22.3 manufacturers and other persons and any recommendations for 22.4 appropriate legislative or other action to ensure that products 22.5 are not distributed in the state after July 1, 19971998, that 22.6 violate subdivision 1. 22.7 Sec. 29. Minnesota Statutes 1994, section 115D.03, 22.8 subdivision 5, is amended to read: 22.9 Subd. 5. [ELIGIBLE RECIPIENTS.] "Eligible recipients" 22.10 means persons who use, generate, or release toxic pollutants, 22.11 hazardous substances, or hazardous wastes, or individuals or 22.12 organizations that provide assistance to these persons. 22.13 Sec. 30. Minnesota Statutes 1994, section 115D.03, is 22.14 amended by adding a subdivision to read: 22.15 Subd. 6a. [OFFICER OF THE COMPANY.] "Officer of the 22.16 company" means one of the following: 22.17 (1) an owner or sole proprietor; 22.18 (2) a partner; 22.19 (3) for a corporation incorporated under chapter 300, the 22.20 president, secretary, treasurer, or other officer as provided 22.21 for in the corporation's bylaws or certificate of incorporation; 22.22 (4) for a corporation incorporated under chapter 302A, an 22.23 individual exercising the functions of the chief executive 22.24 officer or the chief financial officer under section 302A.305 or 22.25 another officer elected or appointed by the directors of the 22.26 corporation under section 302A.311; 22.27 (5) for a corporation incorporated outside this state, an 22.28 officer of the company as defined by the laws of the state in 22.29 which the corporation is incorporated; or 22.30 (6) for a limited liability company organized under chapter 22.31 322B, the chief manager or treasurer. 22.32 Sec. 31. Minnesota Statutes 1994, section 115D.05, is 22.33 amended to read: 22.34 115D.05 [POLLUTION PREVENTION GRANTS.] 22.35 Subdivision 1. [PURPOSE.] The director may make grants to 22.36 study or demonstrate the feasibility of applying specific23.1 technologies and methods to preventdevelop or implement 23.2 pollution prevention projects or practices. 23.3 Subd. 2. [ELIGIBILITY.] (a) Eligible recipients may 23.4 receive grants under this section. 23.5 (b) Grants may be awarded up to a maximum of two-thirds23.6 three-quarters of the total cost of the project. Grant money23.7 awarded under this section may not be spent for capital23.8 improvements or equipment.23.9 Subd. 3. [PROCEDURE FOR AWARDING GRANTS.] (a) In 23.10 determining whether to award a grant, the director shall 23.11 consider at least the following: 23.12 (1) the potential of the project to prevent pollution; 23.13 (2) the likelihood that the project will develop techniques23.14 or processes that willminimize the transfer of pollution from 23.15 one environmental medium to another; 23.16 (3) the extent to which information to be developed through 23.17 the project will be applicable and disseminated to other persons 23.18 in the state; and 23.19 (4) the willingness of the grant applicant to implement23.20 feasible methods and technologies developed under the grant;23.21 (5) the willingness of the grant applicant to assist the23.22 director in disseminating information about the pollution23.23 prevention methods to be developed through the project; and23.24 (6)the extent to which the project will conform to the 23.25 pollution prevention policy established in section 115D.02. 23.26 (b) The director shall adopt rules to administer the grant 23.27 program and may administer the grant program in conjunction with 23.28 the grant program established under section 115A.55, subdivision 23.29 3. Prior to completion of any new rulemaking, the director may23.30 administer the program under the procedures established in rules23.31 promulgated under section 115A.154.23.32 Sec. 32. Minnesota Statutes 1994, section 115D.07, 23.33 subdivision 1, is amended to read: 23.34 Subdivision 1. [REQUIREMENT TO PREPARE AND MAINTAIN A 23.35 PLAN.] (a) Persons who operate a facility required by United 23.36 States Code, title 42, section 11023, or section 299K.08, 24.1 subdivision 3, to submit a toxic chemical release form shall 24.2 prepare a toxic pollution prevention plan for that facility. A 24.3 facility that is required to submit a toxic chemical release 24.4 form but does not release a toxic chemical is exempt from the 24.5 requirements of this subdivision. The plan must contain the 24.6 information listed in subdivision 2. 24.7 (b) Except as provided in paragraphs (d) and (e), for 24.8 facilities that release a total of 10,000 pounds or more of 24.9 toxic pollutants annually, the plan must be completed as follows: 24.10 (1) on or before July 1, 1991, for facilities having a 24.11 two-digit standard industrial classification of 35 to 39; 24.12 (2) by January 1, 1992, for facilities having a two-digit 24.13 standard industrial classification of 28 to 34; and 24.14 (3) by July 1, 1992, for all other persons required to 24.15 prepare a plan under this subdivision. 24.16 (c) Except as provided in paragraphs (d) and (e), 24.17 facilities that release less than a total of 10,000 pounds of 24.18 toxic pollutants annually must complete their plans by July 1, 24.19 1992. 24.20 (d) For the following facilities, the plan must be 24.21 completed as follows: 24.22 (1) by January 1, 1995, for facilities required to report 24.23 under section 299K.08, subdivision 3, that have a two-digit 24.24 standard industrial classification of 01 to 50; and 24.25 (2) by July 1, 1995January 1, 1996, for facilities 24.26 required to report under section 299K.08, subdivision 3, that 24.27 have a two-digit standard industrial classification of 51 to 99. 24.28 (e) For facilities that become subject to this subdivision 24.29 after July 1, 1993, the plan must be completed by six months 24.30 after the first submittal for the facility under United States 24.31 Code, title 42, section 11023, or section 299K.08, subdivision 3. 24.32 (f) Each plan must be updated every two yearsby January 1 24.33 of every even-numbered year and must be maintained at the 24.34 facility to which it pertains. 24.35 Sec. 33. Minnesota Statutes 1994, section 115D.07, 24.36 subdivision 2, is amended to read: 25.1 Subd. 2. [CONTENTS OF PLAN.] (a) Each toxic pollution 25.2 prevention plan must establish a program identifying the 25.3 specific technically and economically practicable steps that 25.4 could be taken during at least the three years following the 25.5 date the plan is due, to eliminate or reduce the generation or 25.6 release of toxic pollutants reported by the facility. Toxic 25.7 pollutants resulting solely from research and development 25.8 activities need not be included in the plan. 25.9 (b) At a minimum, each plan must include: 25.10 (1) a policy statement articulating upper management 25.11 support for eliminating or reducing the generation or release of 25.12 toxic pollutants at the facility; 25.13 (2) a description of the current processes generating or 25.14 releasing toxic pollutants that specifically describes the 25.15 types, sources, and quantities of toxic pollutants currently 25.16 being generated or released by the facility; 25.17 (3) a description of the current and past practices used to 25.18 eliminate or reduce the generation or release of toxic 25.19 pollutants at the facility and an evaluation of the 25.20 effectiveness of these practices; 25.21 (4) an assessment of technically and economically 25.22 practicable options available to eliminate or reduce the 25.23 generation or release of toxic pollutants at the facility, 25.24 including options such as changing the raw materials, operating 25.25 techniques, equipment and technology, personnel training, and 25.26 other practices used at the facility. The assessment may 25.27 include a cost benefit analysis of the available options; 25.28 (5) a statement of objectives based on the assessment in 25.29 clause (4) and a schedule for achieving those objectives. 25.30 Wherever technically and economically practicable, the 25.31 objectives for eliminating or reducing the generation or release 25.32 of each toxic pollutant at the facility must be expressed in 25.33 numeric terms based on a specified base year that is no earlier 25.34 than 1987. Otherwise, the objectives must include a clearly 25.35 stated list of actions designed to lead to the establishment of 25.36 numeric objectives as soon as practicable; 26.1 (6) an explanation of the rationale for each objective 26.2 established for the facility; 26.3 (7) a listing of options that were considered not to be 26.4 economically and technically practicable; and 26.5 (8) a certification, signed and dated by the facility 26.6 manager and an officer of the company under penalty of section 26.7 609.63, attesting to the accuracy of the information in the plan. 26.8 Sec. 34. Minnesota Statutes 1994, section 115D.08, 26.9 subdivision 1, is amended to read: 26.10 Subdivision 1. [REQUIREMENT TO SUBMIT PROGRESS REPORT.] 26.11 (a) All persons required to prepare a toxic pollution prevention 26.12 plan under section 115D.07 shall submit an annual progress 26.13 report to the commissioner that may be drafted in a manner that 26.14 does not disclose proprietary information. Progress reports are 26.15 due on October 1 of each year. The first progress reports are 26.16 due in 1992. 26.17 (b) At a minimum, each progress report must include: 26.18 (1) a summary of each objective established in the plan, 26.19 including the base year for any objective stated in numeric 26.20 terms, and the schedule for meeting theeach objective; 26.21 (2) a summary of progress made during the past year, if 26.22 any, toward meeting each objective established in the plan 26.23 including the quantity of each toxic pollutant eliminated or 26.24 reduced; 26.25 (3) a statement of the methods through which elimination or 26.26 reduction has been achieved; 26.27 (4) if necessary, an explanation of the reasons objectives 26.28 were not achieved during the previous year, including 26.29 identification of any technological, economic, or other 26.30 impediments the facility faced in its efforts to achieve its 26.31 objectives; and 26.32 (5) a certification, signed and dated by the facility 26.33 manager and an officer of the company under penalty of section 26.34 609.63, attesting that a plan meeting the requirements of 26.35 section 115D.07 has been prepared and also attesting to the 26.36 accuracy of the information in the progress report. 27.1 Sec. 35. Minnesota Statutes 1994, section 115D.10, is 27.2 amended to read: 27.3 115D.10 [TOXIC POLLUTION PREVENTION EVALUATION REPORT.] 27.4 The director, in cooperation with the commissioner and 27.5 commission, shall report to the environment and natural 27.6 resources committees of the legislature and the legislative 27.7 commission on waste management on progress being made in 27.8 achieving the objectives of sections 115D.01 to 115D.12. The 27.9 report must be submitted by February 1 of each even-numbered 27.10 year. 27.11 Sec. 36. [116.011] [ANNUAL POLLUTION REPORT.] 27.12 A goal of the pollution control agency is to reduce the 27.13 amount of pollution that is emitted in the state. The pollution 27.14 control agency shall include in its annual performance report 27.15 information detailing the best estimate of the agency of the 27.16 total volume of water and air pollution that was emitted in the 27.17 state in the previous calendar year. The agency shall report 27.18 its findings for both water and air pollution: 27.19 (1) in gross amounts, including the percentage increase or 27.20 decrease over the previous calendar year; and 27.21 (2) in a manner which will demonstrate the magnitude of the 27.22 various sources of water and air pollution. 27.23 Sec. 37. Minnesota Statutes 1994, section 116.07, 27.24 subdivision 4a, is amended to read: 27.25 Subd. 4a. [PERMITS.] (a) The pollution control agency may 27.26 issue, continue in effect or deny permits, under such conditions 27.27 as it may prescribe for the prevention of pollution, for the 27.28 emission of air contaminants, or for the installation or 27.29 operation of any emission facility, air contaminant treatment 27.30 facility, treatment facility, potential air contaminant storage 27.31 facility, or storage facility, or any part thereof, or for the 27.32 sources or emissions of noise pollution. 27.33 The pollution control agency may also issue, continue in 27.34 effect or deny permits, under such conditions as it may 27.35 prescribe for the prevention of pollution, for the storage, 27.36 collection, transportation, processing, or disposal of waste, or 28.1 for the installation or operation of any system or facility, or 28.2 any part thereof, related to the storage, collection, 28.3 transportation, processing, or disposal of waste. 28.4 The pollution control agency may revoke or modify any 28.5 permit issued under this subdivision and section 116.081 28.6 whenever it is necessary, in the opinion of the agency, to 28.7 prevent or abate pollution. 28.8 (b) The pollution control agency has the authority for 28.9 approval over the siting, expansion, or operation of a solid 28.10 waste facility with regard to environmental issues. However, 28.11 the agency's issuance of a permit does not release the permittee 28.12 from any liability, penalty, or duty imposed by any applicable 28.13 county ordinances. Nothing in this chapter precludes, or shall 28.14 be construed to preclude, a county from enforcing land use 28.15 controls, regulations, and ordinances existing at the time of 28.16 the permit application and adopted pursuant to sections 366.10 28.17 to 366.181, 394.21 to 394.37, or 462.351 to 462.365, with regard 28.18 to the siting, expansion, or operation of a solid waste facility. 28.19 Sec. 38. Minnesota Statutes 1994, section 116.07, 28.20 subdivision 4j, is amended to read: 28.21 Subd. 4j. [PERMITS; SOLID WASTE FACILITIES.] (a) The 28.22 agency may not issue a permit for new or additional capacity for 28.23 a mixed municipal solid waste resource recovery or disposal 28.24 facility as defined in section 115A.03 unless each county using 28.25 or projected in the permit to use the facility has in place a 28.26 solid waste management plan approved under section 115A.46 or 28.27 473.803 and amended as required by section 115A.96, subdivision 28.28 6. The agency shall issue the permit only if the capacity of 28.29 the facility is consistent with the needs for resource recovery 28.30 or disposal capacity identified in the approved plan or plans. 28.31 Consistency must be determined by the metropolitan council for28.32 counties in the metropolitan area and by the agency for counties28.33 outside the metropolitan areaoffice of environmental 28.34 assistance. Plans approved before January 1, 1990, need not be 28.35 revised if the capacity sought in the permit is consistent with 28.36 the approved plan or plans. 29.1 (b) The agency shall require as part of the permit 29.2 application for a waste incineration facility identification of 29.3 preliminary plans for ash management and ash leachate treatment 29.4 or ash utilization. The permit issued by the agency must 29.5 include requirements for ash management and ash leachate 29.6 treatment. 29.7 (c) Within 30 days of receipt by the agency of a permit 29.8 application for a solid waste facility, the commissioner shall 29.9 notify the applicant in writing whether the application is 29.10 complete and if not, what items are needed to make it complete, 29.11 and shall give an estimate of the time it will take to process 29.12 the application. Within 180 days of receipt of a completed 29.13 application, the agency shall approve, disapprove, or delay 29.14 decision on the application, with reasons for the delay, in 29.15 writing. 29.16 Sec. 39. Minnesota Statutes 1994, section 116.072, is 29.17 amended to read: 29.18 116.072 [ADMINISTRATIVE PENALTIES.] 29.19 Subdivision 1. [AUTHORITY TO ISSUE PENALTY ORDERS.] (a) 29.20 The commissioner may issue an order requiring violations to be 29.21 corrected and administratively assessing monetary penalties for 29.22 violations of this chapter and chapters 115, 115A, 115D, and 29.23 115E, any rules adopted under those chapters, and any standards, 29.24 limitations, or conditions established in an agency permit; and 29.25 for failure to respond to a request for information under 29.26 section 115B.17, subdivision 3. The order must be issued as 29.27 provided in this section. 29.28 (b) A county board may adopt an ordinance containing 29.29 procedures for the issuance of administrative penalty orders and 29.30 may issue orders beginning August 1, 1996. Before adopting 29.31 ordinances, counties shall work cooperatively with the agency to 29.32 develop an implementation plan for the orders that substantially 29.33 conforms to a model ordinance developed by the counties and the 29.34 agency. After adopting the ordinance, the county board may 29.35 issue orders requiring violations to be corrected and 29.36 administratively assessing monetary penalties for violations of 30.1 county ordinances adopted under section 400.16, 400.161, or 30.2 473.811 or chapter 115A that regulate solid and hazardous waste 30.3 and any standards, limitations, or conditions established in a 30.4 county license issued pursuant to these ordinances. For 30.5 violations of ordinances relating to hazardous waste, a county's 30.6 penalty authority is described in subdivisions 2 to 5. For 30.7 violations of ordinances relating to solid waste, a county's 30.8 penalty authority is described in subdivision 5a. Subdivisions 30.9 6 to 11 apply to violations of ordinances relating to both solid 30.10 and hazardous waste. 30.11 (c) Monetary penalties collected by a county must be used 30.12 to manage solid and hazardous waste. A county board's authority 30.13 is limited to violations described in paragraph (b). Its 30.14 authority to issue orders under this section expires August 1, 30.15 1999. 30.16 Subd. 2. [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) The 30.17 commissioner or county board may issue an order assessing a 30.18 penalty up to $10,000 for all violations identified during an 30.19 inspection or other compliance review. 30.20 (b) In determining the amount of a penalty the commissioner 30.21 or county board may consider: 30.22 (1) the willfulness of the violation; 30.23 (2) the gravity of the violation, including damage to 30.24 humans, animals, air, water, land, or other natural resources of 30.25 the state; 30.26 (3) the history of past violations; 30.27 (4) the number of violations; 30.28 (5) the economic benefit gained by the person by allowing 30.29 or committing the violation; and 30.30 (6) other factors as justice may require, if the 30.31 commissioner or county board specifically identifies the 30.32 additional factors in the commissioner's or county board's order. 30.33 (c) For a violation after an initial violation, the 30.34 commissioner or county board shall, in determining the amount of 30.35 a penalty, consider the factors in paragraph (b) and the: 30.36 (1) similarity of the most recent previous violation and 31.1 the violation to be penalized; 31.2 (2) time elapsed since the last violation; 31.3 (3) number of previous violations; and 31.4 (4) response of the person to the most recent previous 31.5 violation identified. 31.6 Subd. 3. [CONTENTS OF ORDER.] An order assessing an 31.7 administrative penalty under this section shall include: 31.8 (1) a concise statement of the facts alleged to constitute 31.9 a violation; 31.10 (2) a reference to the section of the statute, 31.11 rule, ordinance, variance, order, stipulation agreement, or term 31.12 or condition of a permit or license that has been violated; 31.13 (3) a statement of the amount of the administrative penalty 31.14 to be imposed and the factors upon which the penalty is based; 31.15 and 31.16 (4) a statement of the person's right to review of the 31.17 order. 31.18 Subd. 4. [CORRECTIVE ORDER.] (a) The commissioner or 31.19 county board may issue an order assessing a penalty and 31.20 requiring the violations cited in the order to be corrected 31.21 within 30 calendar days from the date the order is received. 31.22 (b) The person to whom the order was issued shall provide 31.23 information to the commissioner or county board before the 31st 31.24 day after the order was received demonstrating that the 31.25 violation has been corrected or that appropriate steps toward 31.26 correcting the violation have been taken. The commissioner or 31.27 county board shall determine whether the violation has been 31.28 corrected and notify the person subject to the order of the 31.29 commissioner's or county board's determination. 31.30 Subd. 5. [PENALTY.] (a) Except as provided in paragraph 31.31 (b), if the commissioner or county board determines that the 31.32 violation has been corrected or appropriate steps have been 31.33 taken to correct the action, the penalty must be forgiven. 31.34 Unless the person requests review of the order under subdivision 31.35 6 or 7 before the penalty is due, the penalty in the order is 31.36 due and payable: 32.1 (1) on the 31st day after the order was received, if the 32.2 person subject to the order fails to provide information to the 32.3 commissioner or county board showing that the violation has been 32.4 corrected or that appropriate steps have been taken toward 32.5 correcting the violation; or 32.6 (2) on the 20th day after the person receives the 32.7 commissioner's or county board's determination under subdivision 32.8 4, paragraph (b), if the person subject to the order has 32.9 provided information to the commissioner or county board that 32.10 the commissioner or county board determines is not sufficient to 32.11 show the violation has been corrected or that appropriate steps 32.12 have been taken toward correcting the violation. 32.13 (b) For a repeated or serious violation, the 32.14 commissioner or county board may issue an order with a penalty 32.15 that will not be forgiven after the corrective action is taken. 32.16 The penalty is due by 31 days after the order was received 32.17 unless review of the order under subdivision 6, 7, or 8 has been 32.18 sought. 32.19 (c) Interest at the rate established in section 549.09 32.20 begins to accrue on penalties under this subdivision on the 31st 32.21 day after the order with the penalty was received. 32.22 Subd. 5a. [COUNTY PENALTY AUTHORITY FOR SOLID WASTE 32.23 VIOLATIONS.] (a) A county board's authority to issue a 32.24 corrective order and assess a penalty for all violations 32.25 relating to solid waste that are identified during an inspection 32.26 or other compliance review is as described in this subdivision. 32.27 The model ordinance described in subdivision 1, paragraph (b), 32.28 must include provisions for letters or warnings that may be 32.29 issued following the inspection and before proceeding under 32.30 paragraph (b). 32.31 (b) For all violations described in paragraph (a), a county 32.32 attorney or county department with responsibility for 32.33 environmental enforcement may first issue a notice of violation 32.34 that complies with the requirements of subdivision 4, except 32.35 that no penalty may be assessed unless, in the opinion of the 32.36 county board, the gravity of the violation and its potential for 33.1 damage to, or actual damage to, public health or the environment 33.2 is such that a penalty under paragraph (c) or (d) is warranted. 33.3 In that case the county attorney or department may proceed 33.4 directly to paragraph (c) or (d). 33.5 (c) If the violations are not corrected, if appropriate 33.6 steps have not been taken to correct them, or if the county 33.7 board has determined that the gravity of the violations are such 33.8 that action under this paragraph is warranted, a county board 33.9 may issue a corrective order as described in subdivision 4, 33.10 except that the penalty may not exceed $2,000. 33.11 (d) If the violations are still not corrected, if 33.12 appropriate steps have not been taken to correct them, or if the 33.13 county board has determined that the gravity of the violations 33.14 are such that action under this paragraph is warranted, a county 33.15 board may issue a corrective order as described in subdivision 33.16 4, except that the penalty may not exceed $5,000. 33.17 (e) In determining the amount of the penalty in paragraph 33.18 (c) or (d), the county board shall be governed by subdivision 2, 33.19 paragraphs (b) and (c). The penalty assessed under paragraph 33.20 (c) or (d) shall be due and payable, forgiven, or assessed 33.21 without forgiveness as described in subdivision 5. 33.22 Subd. 6. [EXPEDITED ADMINISTRATIVE HEARING.] (a) Within 30 33.23 days after receiving an order or within 20 days after receiving 33.24 notice that the commissioner or county board has determined that 33.25 a violation has not been corrected or appropriate steps have not 33.26 been taken, the person subject to an order under this section 33.27 may request an expedited hearing, utilizing the procedures of 33.28 Minnesota Rules, parts 1400.8510 to 1400.8612, to review the 33.29 commissioner's or county board's action. The hearing request 33.30 must specifically state the reasons for seeking review of the 33.31 order. The person to whom the order is directed and the 33.32 commissioner or county board are the parties to the expedited 33.33 hearing. The commissioner or county board must notify the 33.34 person to whom the order is directed of the time and place of 33.35 the hearing at least 20 days before the hearing. The expedited 33.36 hearing must be held within 30 days after a request for hearing 34.1 has been filed with the commissioner or county board unless the 34.2 parties agree to a later date. 34.3 (b) All written arguments must be submitted within ten days 34.4 following the close of the hearing. The hearing shall be 34.5 conducted under Minnesota Rules, parts 1400.8510 to 1400.8612, 34.6 as modified by this subdivision. The office of administrative 34.7 hearings may, in consultation with the agency, adopt rules 34.8 specifically applicable to cases under this section. 34.9 (c) The administrative law judge shall issue a report 34.10 making recommendations about the commissioner's or county 34.11 board's action to the commissioner or county board within 30 34.12 days following the close of the record. The administrative law 34.13 judge may not recommend a change in the amount of the proposed 34.14 penalty unless the administrative law judge determines that, 34.15 based on the factors in subdivision 2, the amount of the penalty 34.16 is unreasonable. 34.17 (d) If the administrative law judge makes a finding that 34.18 the hearing was requested solely for purposes of delay or that 34.19 the hearing request was frivolous, the commissioner or county 34.20 board may add to the amount of the penalty the costs charged to 34.21 the agency by the office of administrative hearings for the 34.22 hearing. 34.23 (e) If a hearing has been held, the commissioner or county 34.24 board may not issue a final order until at least five days after 34.25 receipt of the report of the administrative law judge. The 34.26 person to whom an order is issued may, within those five days, 34.27 comment to the commissioner or county board on the 34.28 recommendations and the commissioner or county board will 34.29 consider the comments. The final order may be appealed in the 34.30 manner provided in sections 14.63 to 14.69. 34.31 (f) If a hearing has been held and a final order issued by 34.32 the commissioner or county board, the penalty shall be paid by 34.33 30 days after the date the final order is received unless review 34.34 of the final order is requested under sections 14.63 to 14.69. 34.35 If review is not requested or the order is reviewed and upheld, 34.36 the amount due is the penalty, together with interest accruing 35.1 from 31 days after the original order was received at the rate 35.2 established in section 549.09. 35.3 Subd. 7. [DISTRICT COURT HEARING.] (a) Within 30 days 35.4 after the receipt of an order from the commissioner or a county 35.5 board or within 20 days of receipt of notice that the 35.6 commissioner or a county board has determined that a violation 35.7 has not been corrected or appropriate steps have not been taken, 35.8 the person subject to an order under this section may file a 35.9 petition in district court for review of the order in lieu of 35.10 requesting an administrative hearing under subdivision 6. The 35.11 petition shall be filed with the court administrator with proof 35.12 of service on the commissioner or county board. The petition 35.13 shall be captioned in the name of the person making the petition 35.14 as petitioner and the directorcommissioner or county board as 35.15 respondent. The petition shall state with specificity the 35.16 grounds upon which the petitioner seeks rescission of the order, 35.17 including the facts upon which each claim is based. 35.18 (b) At trial, the commissioner or county board must 35.19 establish by a preponderance of the evidence that a violation 35.20 subject to this section occurred, the petitioner is responsible 35.21 for the violation, a penalty immediately assessed as provided 35.22 for under subdivision 5, paragraph (b) or (c), is justified by 35.23 the violation, and the factors listed in subdivision 2 were 35.24 considered when the penalty amount was determined and the 35.25 penalty amount is justified by those factors. 35.26 Subd. 8. [MEDIATION.] In addition to review under 35.27 subdivision 6 or 7, the commissioner or county board is 35.28 authorized to enter into mediation concerning an order issued 35.29 under this section if the commissioner or county board and the 35.30 person to whom the order is issued both agree to mediation. 35.31 Subd. 9. [ENFORCEMENT.] (a) The attorney general may35.32 proceedon behalf of the state, or the county attorney on behalf 35.33 of the county, may proceed to enforce penalties that are due and 35.34 payable under this section in any manner provided by law for the 35.35 collection of debts. 35.36 (b) The attorney general or county attorney may petition 36.1 the district court to file the administrative order as an order 36.2 of the court. At any court hearing, the only issues parties may 36.3 contest are procedural and notice issues. Once entered, the 36.4 administrative order may be enforced in the same manner as a 36.5 final judgment of the district court. 36.6 (c) If a person fails to pay the penalty, the attorney 36.7 general or county attorney may bring a civil action in district 36.8 court seeking payment of the penalties, injunctive, or other 36.9 appropriate relief including monetary damages, attorney fees, 36.10 costs, and interest. 36.11 Subd. 10. [REVOCATION AND SUSPENSION OF PERMIT.] If a 36.12 person fails to pay a penalty owed under this section, the 36.13 agency or county board has grounds to revoke or refuse to 36.14 reissue or renew a permit or license issued by the agency or 36.15 county board. 36.16 Subd. 11. [CUMULATIVE REMEDY.] The authority of the agency 36.17 or county board to issue a corrective order assessing penalties 36.18 is in addition to other remedies available under statutory or 36.19 common law, except that the state or county board may not seek 36.20 civil penalties under any other provision of law for the 36.21 violations covered by the administrative penalty order. The 36.22 payment of a penalty does not preclude the use of other 36.23 enforcement provisions, under which penalties are not assessed, 36.24 in connection with the violation for which the penalty was 36.25 assessed. 36.26 Subd. 12. [REPORT; ADMINISTRATIVE PENALTY ORDER.] (a) All 36.27 counties that have adopted ordinances allowing them to issue 36.28 administrative penalty orders shall report to the legislative 36.29 auditor by September 1, 1998, on administrative penalty activity 36.30 through August 1, 1998. The reports must include at least the 36.31 following information: the nature and number of orders and 36.32 penalties issued or forgiven, the nature and outcome of appeals 36.33 taken, how much revenue was collected from penalties and how it 36.34 was spent, and any other information a county board finds 36.35 relevant. 36.36 (b) The legislative audit commission is requested to direct 37.1 the legislative auditor to evaluate the data and report to the 37.2 legislative commission on waste management by January 1, 1999, 37.3 on at least the following matters: the degree to which 37.4 penalties were suitable to the gravity of the violation, 37.5 compliance with the implementation plan, and any other 37.6 information the auditor finds relevant. In preparing the 37.7 report, the auditor shall solicit information from counties and 37.8 the regulated community and shall make recommendations as to 37.9 whether the administrative penalty authority should be 37.10 continued, discontinued, or continued with modifications and 37.11 make any other recommendations the auditor wishes to propose as 37.12 a result of the study. 37.13 Sec. 40. Minnesota Statutes 1994, section 116.66, 37.14 subdivision 2, is amended to read: 37.15 Subd. 2. [FACILITY EVALUATIONS; ENVIRONMENTAL ASSESSMENT.] 37.16 (a) The commissioner of the pollution control agency shall 37.17 conduct facility evaluations to evaluate ongoing waste 37.18 management practices and shall provide technical assistance for 37.19 corrective action at motor vehicle salvage facilities. 37.20 (b) The commissioner shallmay conduct environmental 37.21 assessments at a representative group ofmotor vehicle salvage 37.22 facilities to determine the extent and magnitude of any 37.23 contamination and environmental impacts, develop criteria, and37.24 determine appropriate cleanup methods, and set priorities for 37.25 cleanup actions at motor vehicle salvage facility sites, under 37.26 the criteria in Minnesota Rules, chapter 7044. 37.27 Sec. 41. Minnesota Statutes 1994, section 116.66, 37.28 subdivision 4, is amended to read: 37.29 Subd. 4. [REPEALER.] This section is repealed on the day37.30 that the repeal of section 115A.908 is effectiveJune 30, 1999. 37.31 Sec. 42. [116.67] [COST-SHARING PROGRAM; CLEANUP OF 37.32 CERTAIN MOTOR VEHICLE SALVAGE FACILITIES.] 37.33 The pollution control agency may enter into cost-sharing 37.34 agreements with owners and operators of motor vehicle salvage 37.35 facilities for the cleanup of motor vehicle salvage facility 37.36 sites, based on the findings of the environmental assessment of 38.1 motor vehicle salvage facilities conducted under section 116.66, 38.2 subdivision 2. An agreement under this section must provide 38.3 that the agency will be responsible for paying 90 percent of the 38.4 costs of removal and remedial actions at the site, and the owner 38.5 or operator of the motor vehicle salvage facility must pay the 38.6 remaining ten percent of the costs. For the purposes of this 38.7 section, the terms "removal" and "remedial actions" have the 38.8 meanings given in section 115B.02, subdivisions 16 and 17. 38.9 Sec. 43. Minnesota Statutes 1994, section 116.92, 38.10 subdivision 4, is amended to read: 38.11 Subd. 4. [REMOVAL FROM SERVICE; PRODUCTS CONTAINING 38.12 MERCURY.] (a) When an item listed in subdivision 3 is removed 38.13 from service the mercury in the item must be reused, recycled, 38.14 or otherwise managed to ensure compliance with section 115A.932. 38.15 (b) A person who is in the business of replacing or 38.16 repairing an item listed in subdivision 3 in households shall 38.17 ensure, or deliver the item to a facility that will ensure, that 38.18 the mercury contained in an item that is replaced or repaired is 38.19 reused or recycled or otherwise managed in compliance with 38.20 section 115A.932. 38.21 (c) A person may not crush a motor vehicle unless the 38.22 person has first made a good faith effort to remove all of the 38.23 mercury switches in the motor vehicle. 38.24 Sec. 44. Minnesota Statutes 1994, section 325E.0951, 38.25 subdivision 5, is amended to read: 38.26 Subd. 5. [RULES SUPERSEDED.] This section supersedes 38.27 Minnesota Rules, part 7005.11907023.0120, to the extent the 38.28 rule is inconsistent with this section. 38.29 Sec. 45. Minnesota Statutes 1994, section 400.16, is 38.30 amended to read: 38.31 400.16 [SOLID WASTE AND SEWAGE SLUDGE DISPOSALMANAGEMENT 38.32 REGULATIONS.] 38.33 The county may by ordinance establish and revise rules, 38.34 regulations, and standards for solid waste and sewage sludge 38.35 management and land pollution, relating to (a) the location, 38.36 sanitary operation, and maintenance of solid waste facilities 39.1 and sewage sludge disposal facilities by the county and any 39.2 municipality or other public agency and by private operators; 39.3 (b) the collection, processing, and disposal of solid waste and 39.4 sewage sludge; (c) the amount and type of equipment required in 39.5 relation to the amount and type of material received at any 39.6 solid waste facility or sewage sludge disposal facility; (d) the 39.7 control of salvage operations, water or air or land pollution, 39.8 and rodents at such facilities; (e) the termination or 39.9 abandonment of the facilities or activities; and (f) other 39.10 matters relating to the facilities as may be determined 39.11 necessary for the public health, welfare, and safety. The 39.12 county may issue permits or licenses for solid waste facilities 39.13 and may require that the facilities be registered with an 39.14 appropriate county office. The county shall adopt the 39.15 ordinances for mixed municipal solid waste management. The 39.16 county shall make provision for issuing permits or licenses for 39.17 mixed municipal solid waste facilities and shall require that 39.18 the facilities be registered with an appropriate county office. 39.19 No permit or license shall be issued for a mixed municipal solid 39.20 waste facility unless the applicant has demonstrated to the 39.21 satisfaction of the county board the availability of revenues 39.22 necessary to operate the facility in accordance with applicable 39.23 state and local laws, ordinances, and rules. No permit shall be 39.24 issued for a solid waste facility used primarily for resource 39.25 recovery or a transfer station serving such a facility, if the 39.26 facility or station is owned or operated by a public agency or 39.27 if the acquisition or betterment of the facility or station is 39.28 secured by public funds or obligations issued by a public 39.29 agency, unless the county finds and determines that adequate 39.30 markets exist for the products recovered and that any 39.31 displacement of existing resource recovery facilities and 39.32 transfer stations serving such facilities that may result from 39.33 the establishment of the new facility is required in order to 39.34 achieve the waste management objectives of the county. The 39.35 county ordinance shall require appropriate procedures for 39.36 termination or abandonment of any mixed municipal solid waste 40.1 facilities or services, which shall include provision for long 40.2 term monitoring for possible land pollution, and for the payment 40.3 by the owners or operators thereof, or both, of any costs 40.4 incurred by the county in completing the procedures. The county 40.5 may require the procedures and payments with respect to any 40.6 facilities or services regulated pursuant to this section. In 40.7 the event the operators or owners fail to complete the 40.8 procedures in accordance with the ordinance, the county may 40.9 recover the costs of completion in a civil action in any court 40.10 of competent jurisdiction or, in the discretion of the board, 40.11 the costs may be certified to the county auditor as a special 40.12 tax against the land to be collected as other taxes are 40.13 collected. The ordinance may be enforced by injunction, action 40.14 to compel performance, orother appropriate action in the 40.15 district court, or administrative penalty order authorized under 40.16 section 116.072. Any ordinance enacted under this section shall 40.17 embody minimum standards and requirements established by rule of 40.18 the agency. 40.19 Sec. 46. Minnesota Statutes 1994, section 400.161, is 40.20 amended to read: 40.21 400.161 [HAZARDOUS WASTE REGULATIONS.] 40.22 (a) The county may by ordinance establish and revise rules, 40.23 regulations, and standards relating to (1) identification of 40.24 hazardous waste, (2) the labeling and classification of 40.25 hazardous waste, (3) the collection, transportation, processing, 40.26 disposal, and storage of hazardous waste, and (4) other matters 40.27 as may be determined necessary for the public health, welfare 40.28 and safety. The county may issue permits or licenses for 40.29 hazardous waste generation and may require the generators be 40.30 registered with a county office. The ordinance may require 40.31 appropriate procedures for the payment by the generator of any 40.32 costs incurred by the county in completing such procedures. If 40.33 the generator fails to complete such procedures, the county may 40.34 recover the costs of completion in a civil action in any court 40.35 of competent jurisdiction or, in the discretion of the board, 40.36 the costs may be certified to the county auditor as a special 41.1 tax against the land as other taxes are collected. The 41.2 ordinance may be enforced by injunction, action to compel 41.3 performance, orother action in district court, or 41.4 administrative penalty order authorized under section 116.072. 41.5 County hazardous waste ordinances shall embody and be consistent 41.6 with agency hazardous waste rules. Counties shall submit 41.7 adopted ordinances to the agency for review. In the event that 41.8 agency rules are modified, each county shall modify its 41.9 ordinances accordingly and shall submit the modification to the 41.10 agency for review within 120 days. Issuing, denying, modifying, 41.11 imposing conditions upon, or revoking permits or licenses and 41.12 county hazardous waste regulations and ordinances shall be 41.13 subject to review, denial, suspension, modification, and 41.14 reversal by the pollution control agency. The pollution control 41.15 agency shall after written notification have 15 days in the case 41.16 of hazardous waste permits and licenses and 30 days in the case 41.17 of hazardous waste ordinances to review, deny, suspend, modify, 41.18 or reverse the action of the county. After this period, the 41.19 action of the county board shall be final subject to appeal to 41.20 the district court as provided in section 115.05. 41.21 (b) A county may not impose a fee under this section on 41.22 material that is reused at the facility where the material is 41.23 generated in a manner that the facility owner or operator can 41.24 demonstrate does not increase the toxicity of, or the level of 41.25 hazardous substances or pollutants or contaminants in, products 41.26 that leave the facility. 41.27 Sec. 47. Minnesota Statutes 1994, section 473.149, 41.28 subdivision 1, is amended to read: 41.29 Subdivision 1. [POLICY PLAN; GENERAL REQUIREMENTS.] 41.30 The metropolitan council shall prepare and by resolution adopt41.31 as part of its development guide adirector of the office of 41.32 environmental assistance may revise the metropolitan long range 41.33 policy plan for solid waste management in the metropolitan41.34 area. Whenadopted ,and revised by the metropolitan council 41.35 prior to the transfer of powers and duties in Laws 1994, chapter 41.36 639, article 5, section 2. The plan shall be followed in the 42.1 metropolitan area. Until the director revises it, the plan 42.2 adopted and revised by the council on September 26, 1991, 42.3 remains in effect. The plan shall address the state policies 42.4 and purposes expressed in section 115A.02. In revising the plan 42.5 the director shall substantially conform to all policy42.6 statements, purposes, goals, standards, maps and plans in42.7 development guide sections and plans adopted by the council,42.8 provided that no land shall be thereby excluded from42.9 consideration as a solid waste facility site except land42.10 determined by the agency to be intrinsically unsuitable for such42.11 usefollow the procedures in subdivision 3. The plan shall 42.12 include goals and policies for solid waste management, including 42.13 recycling consistent with section 115A.551, and household 42.14 hazardous waste management consistent with section 115A.96, 42.15 subdivision 6, in the metropolitan area and, to the extent42.16 appropriate, statements and information similar to that required42.17 under section 473.146, subdivision 1. 42.18 The plan shall include criteria and standards for solid 42.19 waste facilities and solid waste facility sites respecting the 42.20 following matters: general location; capacity; operation; 42.21 processing techniques; environmental impact; effect on existing, 42.22 planned, or proposed collection services and waste facilities; 42.23 and economic viability. The plan shall, to the extent 42.24 practicable and consistent with the achievement of other public 42.25 policies and purposes, encourage ownership and operation of 42.26 solid waste facilities by private industry. For solid waste 42.27 facilities owned or operated by public agencies or supported 42.28 primarily by public funds or obligations issued by a public 42.29 agency, the plan shall include additional criteria and standards 42.30 to protect comparable private and public facilities already 42.31 existing in the area from displacement unless the displacement 42.32 is required in order to achieve the waste management objectives 42.33 identified in the plan. In developingrevising the plan, the 42.34 councildirector shall consider the orderly and economic 42.35 development, public and private, of the metropolitan area; the 42.36 preservation and best and most economical use of land and water 43.1 resources in the metropolitan area; the protection and 43.2 enhancement of environmental quality; the conservation and reuse 43.3 of resources and energy; the preservation and promotion of 43.4 conditions conducive to efficient, competitive, and adaptable 43.5 systems of waste management; and the orderly resolution of 43.6 questions concerning changes in systems of waste management. 43.7 Criteria and standards for solid waste facilities shall be 43.8 consistent with rules adopted by the pollution control agency 43.9 pursuant to chapter 116 and shall be at least as stringent as 43.10 the guidelines, regulations, and standards of the federal 43.11 Environmental Protection Agency. 43.12 Sec. 48. Minnesota Statutes 1994, section 473.149, 43.13 subdivision 2d, is amended to read: 43.14 Subd. 2d. [LAND DISPOSAL ABATEMENT PLAN.] (a) After43.15 considering any county land disposal abatement proposals and43.16 waste stream analysis that have been submitted under section43.17 473.803, subdivision 1b,The councildirector shall amend43.18 itsinclude in the policy plan to includespecific and 43.19 quantifiable metropolitan objectives for abating to the greatest 43.20 feasible and prudent extent the need for and practice of land 43.21 disposal of mixed municipal solid waste and of specific 43.22 components of the solid waste stream, including residuals and 43.23 ash, either by type of waste or class of generator. 43.24 (b) The objectives must be stated in annual increments43.25 through the year 1990 and thereafter in five-yearsix-year 43.26 increments for a period of at least 20 years from the date of 43.27 adoption of policy plan revisions. The plan must include a 43.28 reduced estimate of the capacity, based on the council's43.29 abatement objectives, needed for the disposal of various types 43.30 of waste in each five-yearsix-year increment and the general43.31 area of the region where the capacity should be developed. 43.32 (c) The plan must include objectives for waste reduction 43.33 and measurable objectives for local abatement of solid waste 43.34 through resource recovery, recycling, and source separation 43.35 programs for each metropolitan county stated in annual43.36 increments through the year 1990 and in five-yearsix-year 44.1 increments for a period of at least 20 years from the date of 44.2 adoption of policy plan revisions. 44.3 (d) The standards must be based upon and implement the 44.4 council'smetropolitan abatement objectives. The council'splan 44.5 must include standards and procedures to be used by the council44.6 director in determining whether a metropolitan county has 44.7 implemented the council'smetropolitan land disposal abatement 44.8 plan and has achieved the objectives for local abatement. 44.9 Sec. 49. Minnesota Statutes 1994, section 473.149, 44.10 subdivision 2e, is amended to read: 44.11 Subd. 2e. [SOLID WASTE DISPOSAL FACILITIES DEVELOPMENT44.12 SCHEDULECAPACITY NEEDS.] (a)After requesting and considering 44.13 recommendations from the counties, cities, and towns, 44.14 the councildirector as part of itsthe policy plan shall 44.15 determine the number of sites andthe capacity of sitesneeded 44.16 withinto serve the metropolitan area for disposal of solid 44.17 waste disposal facilities.44.18 (b) The council shall adopt a schedule of disposal capacity44.19 to be developed within the metropolitan area, including 44.20 residuals and ash, in five-yearsix-year increments for a period 44.21 of at least 20 years from adoption of development schedule44.22 policy plan revisions. In making the schedule may not allow44.23 capacity in excess ofdetermination, the director must take into 44.24 account the council'sreduced estimate of thedisposal capacity 44.25 needed because of the council'sland disposal abatement plan. 44.26 (c) The council shall make the implementation of elements44.27 of the schedule contingent on actions of each county in adopting44.28 and implementing abatement plans pursuant to section 473.803,44.29 subdivision 1b. The council may review the development schedule44.30 every year and revise the development schedule based on the44.31 progress made in the implementation of the council's abatement44.32 plans and achievement of metropolitan and local abatement44.33 objectives. The council shall review and revise, by resolution44.34 following public hearing, the development schedule based on44.35 significant changes in the landfill capacity of the metropolitan44.36 area. The schedule must include procedures and criteria for45.1 making revisions.45.2 (d)The scheduledirector's determination must include 45.3 standards and procedures for councilcertification of need 45.4 pursuant to section 473.823. The schedule must also include a45.5 closure schedule and plans for postclosure management and45.6 disposition of facilities, including facilities in existence45.7 before the adoption of the development schedule.45.8 Sec. 50. Minnesota Statutes 1994, section 473.149, 45.9 subdivision 3, is amended to read: 45.10 Subd. 3. [PREPARATION AND; ADOPTION; AND REVISION.] (a) 45.11 The solid waste policy plan shall be prepared, adopted, 45.12 and amendedrevised as necessary in accordance with paragraphs 45.13 (c) to (e), after consultation with the metropolitan counties 45.14 and the pollution control agency. Any comprehensive plan45.15 adopted by the council shall remain in force and effect while45.16 new or amended plans are being prepared and adopted by the45.17 council. No45.18 (b) Revisions to the policy plan are exempt from the 45.19 rulemaking provisions of chapter 14. 45.20 (c) Before beginning preparation of revisions to the policy 45.21 plan, the director shall publish a predrafting notice in the 45.22 State Register that includes a statement of the subjects 45.23 expected to be covered by the revisions, including a summary of 45.24 the important problems and issues. The notice must solicit 45.25 comments from the public and state that the comments must be 45.26 received by the director within 45 days of publication of the 45.27 notice. The director shall consider the comments in preparing 45.28 the revisions. 45.29 (d) After publication of the predrafting notice and before 45.30 adopting revisions to the policy plan, the director shall 45.31 publish a notice in the State Register that: 45.32 (1) contains a summary of the proposed revisions; 45.33 (2) invites public comment; 45.34 (3) lists locations where the proposed revised policy plan 45.35 can be reviewed and states that copies of the proposed revised 45.36 policy plan can also be obtained from the office; 46.1 (4) states a location for a public meeting on the revisions 46.2 at a time no earlier than 30 days from the date of publication; 46.3 and 46.4 (5) advises the public that they have 30 days from the date 46.5 of the public meeting in clause (4) to submit comments on the 46.6 revisions to the director. 46.7 (e) At the meeting described in paragraph (d), clause (4), 46.8 the public shall be given an opportunity to present their views 46.9 on the policy plan revisions. The director shall incorporate 46.10 any amendments to the proposed revisions that, in the director's 46.11 view, will help to carry out the requirements of subdivisions 1, 46.12 2d, and 2e. At or before the time that policy plan revisions 46.13 are finally adopted, the director shall issue a report that 46.14 addresses issues raised in the public comments. The report 46.15 shall be made available to the public and mailed to interested 46.16 persons who have submitted their names and addresses to the 46.17 director. 46.18 (f) The criteria and standards adopted in the policy plan 46.19 for review of solid waste facility permits pursuant to section 46.20 473.823, subdivision 3; for issuance of certificates of need 46.21 pursuant to section 473.823, subdivision 6; and for review of 46.22 solid waste contracts pursuant to section 473.813 may be 46.23 appealed to the court of appeals within 30 days after final 46.24 adoption of the policy plan. The court may declare the 46.25 challenged portion of the policy plan invalid if it violates 46.26 constitutional provisions, is in excess of statutory authority 46.27 of the director, or was adopted without compliance with the 46.28 procedures in this subdivision. The review shall be on the 46.29 record created during the adoption of the policy plan, except 46.30 that additional evidence may be included in the record if the 46.31 court finds that the additional evidence is material and there 46.32 were good reasons for failure to present it in the proceedings 46.33 described in paragraphs (c) to (e). 46.34 (g) The metropolitan council or a metropolitan county, 46.35 local government unit, commission, or person shall not acquire, 46.36 construct, improve or operate any solid waste facility in the 47.1 metropolitan area except in accordance with the council'splan 47.2 and section 473.823, provided that no solid waste facility in 47.3 use when a plan is adopted shall be discontinued solely because 47.4 it is not located in an area designated in the plan as 47.5 acceptable for the location of such facilities. 47.6 Sec. 51. Minnesota Statutes 1994, section 473.149, 47.7 subdivision 6, is amended to read: 47.8 Subd. 6. [REPORT TO LEGISLATURE.] The councildirector 47.9 shall report on abatement to the legislative commission on waste 47.10 management by July 1 of each odd-numbered year. The report must 47.11 include an assessment of whether the objectives of the 47.12 metropolitan abatement plan have been met and whether each 47.13 county and each class of city within each county have achieved 47.14 the objectives set for it in the council'splan. The report 47.15 must recommend any legislation that may be required to implement 47.16 the plan. The report shall include the reportsbe included in 47.17 the report required by sections 115A.551, subdivision 4;47.18 473.846; and 473.848, subdivision 4section 115A.411. If in any 47.19 year the councildirector reports that the objectives of the 47.20 council'sabatement plan have not been met, the councildirector 47.21 shall evaluate and report on the need to reassign governmental 47.22 responsibilities among cities, counties, and metropolitan 47.23 agencies to assure implementation and achievement of the 47.24 metropolitan and local abatement plans and objectives. 47.25 The report in each even-numbered yearmust include a report 47.26 on the operating, capital, and debt service costs of solid waste 47.27 facilities in the metropolitan area; changes in the costs; the 47.28 methods used to pay the costs; and the resultant allocation of 47.29 costs among users of the facilities and the general public. The 47.30 facility costs report must present the cost and financing 47.31 analysis in the aggregate and broken down by county and by major 47.32 facility. 47.33 Sec. 52. Minnesota Statutes 1994, section 473.803, 47.34 subdivision 1c, is amended to read: 47.35 Subd. 1c. [COUNTY ABATEMENT PLAN.] Each county shall 47.36 revise its master plan to include a land disposal abatement 48.1 element to implement the council'smetropolitan land disposal 48.2 abatement plan adopted under section 473.149, subdivision 2d, 48.3 and shall submit the revised master plan to the councildirector 48.4 for review under subdivision 2 within nine months after the 48.5 adoption of the council'smetropolitan abatement plan. The 48.6 county plan must implement the local abatement objectives for 48.7 the county and cities within the county as stated in 48.8 the council'smetropolitan abatement plan. The county abatement 48.9 plan must include specific and quantifiable county objectives, 48.10 based on the council'sobjectives in the metropolitan abatement 48.11 plan, for abating to the greatest feasible and prudent extent 48.12 the need for and practice of land disposal of mixed municipal 48.13 solid waste and of specific components of the solid waste stream 48.14 generated in the county, stated in annual increments through the48.15 date specified in section 473.848 and in two five-yearsix-year 48.16 increments thereafterfor a period of at least 20 years from the 48.17 date of metropolitan policy plan revisions. The plan must 48.18 include measurable performance standards for local abatement of 48.19 solid waste through resource recovery and waste reduction and 48.20 separation programs and activities for the county as a whole and 48.21 for statutory or home rule charter cities of the first, second, 48.22 and third class, respectively, in the county, stated in annual48.23 increments through the date specified in section 473.848 and in48.24 two five-yearsix-year increments thereafterfor a period of at 48.25 least 20 years from the date of metropolitan policy plan 48.26 revisions. The performance standards must implement the 48.27 metropolitan and county abatement objectives. The plan must 48.28 include standards and procedures to be used by the county in 48.29 determining annually under subdivision 3 whether a city within 48.30 the county has implemented the plan and has satisfied the 48.31 performance standards for local abatement. The master plan 48.32 revision required by this subdivision must be prepared in 48.33 consultation with the advisory committee established pursuant to 48.34 subdivision 4. 48.35 Sec. 53. Minnesota Statutes 1994, section 473.803, 48.36 subdivision 2, is amended to read: 49.1 Subd. 2. [ COUNCILDIRECTOR REVIEW.] The councildirector 49.2 shall review each master plan or revision thereof to determine 49.3 whether it is consistent with the council'smetropolitan policy 49.4 plan. If it is not consistent, the councildirector shall 49.5 disapprove and return the plan with its comments to the county 49.6 for revision and resubmittal. The county shall have 90 days to 49.7 revise and resubmit the plan for councilthe director's 49.8 approval. Any county solid waste plan or report approved by the 49.9 council prior to April 9, 1976July 1, 1994, shall remain in 49.10 effect until a new master plan is submitted to and approved by 49.11 the councildirector in accordance with this section. 49.12 The councildirector shall review the household hazardous 49.13 waste management portion of each county's plan in cooperation 49.14 with the agency. 49.15 Sec. 54. Minnesota Statutes 1994, section 473.803, 49.16 subdivision 4, is amended to read: 49.17 Subd. 4. [ADVISORY COMMITTEE.] By July 1, 1984,Each 49.18 county shall establish a solid waste management advisory 49.19 committee to aid in the preparation of the county master plan, 49.20 any revisions thereof, and such additional matters as the county 49.21 deems appropriate. The committee must consist of citizen 49.22 representatives, representatives from towns and cities within 49.23 the county, and representatives from private waste management 49.24 firms. The committee must include residents of towns or cities 49.25 within the county containing solid waste disposal facilities. 49.26 Members of the council'ssolid waste advisory 49.27 committee established under section 473.149, subdivision 4, who 49.28 reside in the county are ex officio members of the county 49.29 advisory committee. A representative of the metropolitan49.30 councilThe director or the director's appointee is an ex 49.31 officio member of the committee. 49.32 Sec. 55. Minnesota Statutes 1994, section 473.811, 49.33 subdivision 5c, is amended to read: 49.34 Subd. 5c. [COUNTY ENFORCEMENT.] Each metropolitan county 49.35 shall be responsible for insuring that waste facilities, solid 49.36 waste collection operations licensed or regulated by the county 50.1 and hazardous waste generation and collection operations are 50.2 brought into conformance with, or terminated and abandoned in 50.3 accordance with, applicable county ordinances; rules and 50.4 requirements of the state; and the policy plan of the council. 50.5 Counties may provide by ordinance that operators or owners or 50.6 both of such facilities or operations shall be responsible to 50.7 the county for satisfactorily performing the procedures 50.8 required. If operators or owners or both fail to perform, the 50.9 county may recover the costs incurred by the county in 50.10 completing the procedures in a civil action in any court of 50.11 competent jurisdiction or, in the discretion of the board, the 50.12 costs may be certified to the county auditor as a special tax 50.13 against the land. The ordinances may be enforced by action in 50.14 district court or administrative penalty order authorized under 50.15 section 116.072. The county may prescribe a criminal penalty 50.16 for the violation of any ordinance enacted under this section 50.17 not exceeding the maximum which may be specified for a 50.18 misdemeanor. 50.19 Sec. 56. Minnesota Statutes 1994, section 473.843, 50.20 subdivision 1, is amended to read: 50.21 Subdivision 1. [AMOUNT OF FEE; APPLICATION.] The operator 50.22 of a mixed municipal solid waste disposal facility in the 50.23 metropolitan area shall pay a fee on solid waste accepted and 50.24 disposed at the facility as follows: 50.25 (a) A facility that weighs the waste that it accepts must 50.26 pay a fee of $6.66 per ton of waste accepted at the entrance of 50.27 the facility. 50.28 (b) A facility that does not weigh the waste but that 50.29 measures the volume of the waste that it accepts must pay a fee 50.30 of $2 per cubic yard of waste accepted at the entrance of the 50.31 facility. This fee and the tipping fee must be calculated on 50.32 the same basis. 50.33 (c) Waste residue, from recycling facilities at which 50.34 recyclable materials are separated or processed for the purposes 50.35 of recycling, or from energy and resource recovery facilities at 50.36 which solid waste is processed for the purpose of extracting, 51.1 reducing, converting to energy, or otherwise separating and 51.2 preparing solid waste for reuse, is exempt from the fee imposed 51.3 by this subdivision if there is at least an 85 percent volume51.4 weight reduction in the solid waste processed. To qualify for 51.5 exemption under this clause, waste residue must be brought to a 51.6 disposal facility separately. The commissioner of revenue, with 51.7 the advice and assistance of the councildirector and the 51.8 agency, shall prescribe procedures for determining the amount of 51.9 waste residue qualifying for exemption. 51.10 Sec. 57. Minnesota Statutes 1994, section 473.846, is 51.11 amended to read: 51.12 473.846 [REPORT TO LEGISLATURE.] 51.13 The agency and metropolitan councilthe director shall 51.14 submit to the senate finance committee, the house ways and means 51.15 committee, and the legislative commission on waste management 51.16 separate reports describing the activities for which money from 51.17 the landfill abatement account and contingency action trust fund 51.18 has been spent. The agency shall report by November 1 of each 51.19 year on expenditures during its previous fiscal year. 51.20 The councildirector shall report on expenditures during the 51.21 previous calendar year and must incorporate its report in the 51.22 report required by section 473.149115A.411, due July 1 of 51.23 each odd-numbered year. The councildirector shall make 51.24 recommendations to the legislative commission on waste 51.25 management on the future management and use of the metropolitan 51.26 landfill abatement account. 51.27 Sec. 58. [480.0515] [PAPERS TO BE SUBMITTED ON RECYCLED 51.28 PAPER.] 51.29 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 51.30 subdivision apply to this section. 51.31 (b) "Attorney" means an attorney at law admitted to 51.32 practice law in this state. 51.33 (c) "Document" means a document that is required or 51.34 permitted to be filed with a court concerning an action that is 51.35 to be commenced or is pending before the court. 51.36 Subd. 2. [REQUIREMENT.] (a) Except as provided in 52.1 subdivision 3, a document submitted by an attorney to a court of 52.2 this state, and all papers appended to the document, must be 52.3 submitted on paper containing not less than ten percent 52.4 postconsumer material, as defined in section 115A.03, 52.5 subdivision 24b. 52.6 (b) A court may not refuse a document solely because the 52.7 document was not submitted on recycled paper. 52.8 Subd. 3. [EXCEPTIONS.] (a) Subdivision 1 does not apply to: 52.9 (1) a photograph; 52.10 (2) an original document that was prepared or printed 52.11 before January 1, 1996; 52.12 (3) a document that was not created at the direction or 52.13 under the control of the submitting attorney; 52.14 (4) a facsimile copy otherwise permitted to be filed with 52.15 the court in lieu of the original document, provided that if the 52.16 original is also required to be filed, it must be submitted in 52.17 compliance with this section; or 52.18 (5) nonrecycled paper and preprinted forms acquired or 52.19 printed before January 1, 1996. 52.20 (b) This section does not apply if recycled paper is not 52.21 readily available. 52.22 Sec. 59. Laws 1994, chapter 585, section 51, is amended to 52.23 read: 52.24 Sec. 51. [ELECTRONIC APPLIANCES; REPORT.] 52.25 By JulyAugust 1, 1995, the director of the office of waste 52.26 management, in consultation with the commissioner of the 52.27 pollution control agency and counties, shall submit a report to 52.28 the legislative commission on waste management regarding 52.29 management of waste electronic appliances that: 52.30 (1) identifies types of electronic appliances that contain 52.31 materials that pose problems in the solid waste management 52.32 system; 52.33 (2) explains how those waste appliances are presently 52.34 managed and identifies any adverse environmental effects of 52.35 present management; and 52.36 (3) recommends, if necessary, legislation to govern 53.1 management of waste electronic appliances. 53.2 For the purposes of this section, "electronic appliances" 53.3 includes at least audio, video, computing, printing, 53.4 communication, and telecommunication equipment and apparatuses 53.5 that contain electronic components, including but not limited to 53.6 radios, televisions, computers, computer printers, small 53.7 electronic kitchen appliances, telefacsimile equipment, and 53.8 household and commercial communication transmission and 53.9 reception equipment, but does not include major appliances as 53.10 defined in Minnesota Statutes, section 115A.03, subdivision 17a. 53.11 Sec. 60. Laws 1994, chapter 628, article 3, section 209, 53.12 is amended to read: 53.13 Sec. 209. [REPEALER.] 53.14 (a) Minnesota Statutes 1992, sections 115A.03, subdivision 53.15 20; 115A.33;174.22, subdivision 4; 473.121, subdivisions 15 and 53.16 21; 473.122; 473.146, subdivisions 2, 2a, 2b, and 2c; 473.153; 53.17 473.161; 473.163; 473.181, subdivision 3; 473.325, subdivision 53.18 5; 473.384, subdivision 9; 473.388, subdivision 6; 473.404, as 53.19 amended by Laws 1993, chapter 119, section 1; 473.405, 53.20 subdivisions 2, 6, 7, 8, 11, 13, and 14; 473.417; 473.435; 53.21 473.436, subdivision 7; 473.445, subdivisions 1 and 3; 473.501, 53.22 subdivision 2; 473.503; 473.504, subdivisions 1, 2, 3, 7, and 8; 53.23 473.511, subdivision 5; 473.517, subdivision 8; 473.543, 53.24 subdivision 5; and 473.553, subdivision 4a, are repealed. 53.25 (b) Minnesota Statutes 1992, sections 473.121, subdivision 53.26 14a; 473.141, as amended by Laws 1993, chapter 314, sections 3 53.27 and 4; 473.373, as amended by Laws 1993, chapter 314, section 5; 53.28 473.375, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 10, 16, 17, and 53.29 18; 473.377; 473.38; Minnesota Statutes 1993 Supplement, section 53.30 473.3996, are repealed. 53.31 Sec. 61. [REPORT.] 53.32 The commissioner of the pollution control agency and the 53.33 agency board shall each, by February 1, 1996, report to the 53.34 chairs of the senate governmental operations and veterans 53.35 committee, and the house of representatives governmental 53.36 operations committee on the effect of the agency board's 54.1 activities on the agency's ability to operate in a timely, 54.2 efficient, and effective manner. The report must include 54.3 recommended changes to improve the agency's ability to further 54.4 the policy in Minnesota Statutes, section 116.01. 54.5 Sec. 62. [TEMPORARY EXEMPTION FOR CARPET RECYCLING 54.6 FACILITIES.] 54.7 Until August 1, 1996, waste residue from a used carpet 54.8 recycling facility is exempt from the fee imposed by Minnesota 54.9 Statutes, section 473.843, if there is at least a 50 percent 54.10 weight reduction in the solid waste processed at the facility. 54.11 For the purposes of this section, "used carpet" means carpet 54.12 that is no longer suitable for its original intended purpose 54.13 because of wear, damage, or defect. 54.14 Sec. 63. [STUDY ON BARRIERS TO INCREASED RECYCLING OF 54.15 CORRUGATED PAPER PRODUCTS AND USED CARPETING.] 54.16 By November 1, 1995, the office of environmental assistance 54.17 shall conduct an analysis and make recommendations to the 54.18 legislative commission on waste management regarding measures to 54.19 remove barriers that prevent increased recycling of corrugated 54.20 paper products and used carpeting. For purposes of this 54.21 section, "corrugated paper products" means boxes, containers, 54.22 liners, sheets, or other products made from corrugated paper. 54.23 "Used carpeting" means carpeting that is no longer suitable for 54.24 its original intended purpose because of wear, damage, or defect. 54.25 Sec. 64. [REENACTMENT.] 54.26 Notwithstanding Minnesota Statutes, section 645.36, 54.27 Minnesota Statutes 1992, section 115A.33, as repealed by Laws 54.28 1994, chapter 628, article 3, section 209, is reenacted. 54.29 Sec. 65. [APPLICATION.] 54.30 Sections 47 to 57 apply in the counties of Anoka, Carver, 54.31 Dakota, Hennepin, Ramsey, Scott, and Washington. 54.32 Sec. 66. [INSTRUCTION TO REVISOR.] 54.33 The revisor shall recodify Minnesota Statutes, sections 54.34 115A.47, subdivision 2, paragraphs (b), (d), and (g), and 54.35 115A.931, paragraph (b), as definitions in Minnesota Statutes, 54.36 section 115A.03, and recast the language as necessary to conform 55.1 to the other definitions in that section. 55.2 Sec. 67. [REPEALER.] 55.3 (a) Minnesota Statutes 1994, sections 116.94; 473.149, 55.4 subdivisions 2, 2a, 2c, and 2f; and 473.803, subdivision 1b, are 55.5 repealed. 55.6 (b) Minnesota Statutes 1994, section 473.803, subdivision 55.7 1e, is repealed. 55.8 (c) Minnesota Statutes 1994, section 115A.165, is repealed. 55.9 Sec. 68. [EFFECTIVE DATE.] 55.10 Sections 4, 5, 37, 47 to 54, 59, 66, and 67, paragraph (a), 55.11 are effective on the day following final enactment. 55.12 Sections 8 and 9 are effective on June 15, 1995. 55.13 Section 58 is effective January 1, 1996. 55.14 ARTICLE 2 55.15 TECHNICAL 55.16 Section 1. Minnesota Statutes 1994, section 115A.055, is 55.17 amended to read: 55.18 115A.055 [OFFICE OF ENVIRONMENTAL ASSISTANCE.] 55.19 Subdivision 1. [ORGANIZATION OF OFFICE.] The office of 55.20 environmental assistance is an agency in the executive branch 55.21 headed by a director appointed by the commissioner of the 55.22 pollution control agency, with the advice and consent of the 55.23 senate, to serve in the unclassified service. The director may 55.24 appoint two assistant directors in the unclassified service and 55.25 may appoint other employees, as needed, in the classified 55.26 service. The office is a department of the state only for 55.27 purposes of section 16B.37, subdivision 2. 55.28 Subd. 2. [TRANSFER OF ADDITIONAL POWERS AND DUTIES.] After 55.29 July 1, 1994, the solid and hazardous waste management powers 55.30 and duties of the office and director transferred to them from 55.31 the metropolitan council by Laws 1994, chapter 639, article 5, 55.32 section 2, are governed by sections 473.149, 473.151, and 55.33 473.801 to 473.849. 55.34 Sec. 2. Minnesota Statutes 1994, section 115A.07, 55.35 subdivision 3, is amended to read: 55.36 Subd. 3. [UNIFORM WASTE STATISTICS; RULES.] The director, 56.1 after consulting with the commissioner, the metropolitan56.2 council,local government units, and other interested persons, 56.3 may adopt rules to establish uniform methods for collecting and 56.4 reporting waste reduction, generation, collection, 56.5 transportation, storage, recycling, processing, and disposal 56.6 statistics necessary for proper waste management and for 56.7 reporting required by law. Prior to publishing proposed rules, 56.8 the director shall submit draft rules to the legislative 56.9 commission on waste management for review and comment. Rules 56.10 adopted under this subdivision apply to all persons and units of 56.11 government in the state for the purpose of collecting and 56.12 reporting waste-related statistics requested under or required 56.13 by law. 56.14 Sec. 3. Minnesota Statutes 1994, section 115A.072, 56.15 subdivision 1, is amended to read: 56.16 Subdivision 1. [WASTE EDUCATION COALITION.] (a) The 56.17 director shall provide for the development and implementation of 56.18 a program of general public education on waste management in 56.19 cooperation and coordination with the pollution control agency, 56.20 metropolitan council,department of education, department of 56.21 agriculture, environmental quality board, environmental 56.22 education board, educational institutions, other public agencies 56.23 with responsibility for waste management or public education, 56.24 and three other persons who represent private industry and who 56.25 have knowledge of or expertise in recycling and solid waste 56.26 management issues. The objectives of the program are to: 56.27 develop increased public awareness of and interest in 56.28 environmentally sound waste management methods; encourage better 56.29 informed decisions on waste management issues by business, 56.30 industry, local governments, and the public; and disseminate 56.31 practical information about ways in which households and other 56.32 institutions and organizations can improve the management of 56.33 waste. 56.34 (b) The director shall appoint an advisory task force, to 56.35 be called the waste education coalition, of up to 18 members to 56.36 advise the director in carrying out the director's 57.1 responsibilities under this section and whose membership 57.2 represents the agencies and entities listed in this 57.3 subdivision. The task force expires on June 30, 1997. 57.4 Sec. 4. Minnesota Statutes 1994, section 115A.12, is 57.5 amended to read: 57.6 115A.12 [ADVISORY COUNCILS.] 57.7 (a) The director shall establish a solid waste management 57.8 advisory council, a hazardous waste management planning council, 57.9 and a market development coordinating council, that are broadly 57.10 representative of the geographic areas and interests of the 57.11 state. 57.12 (b) The solid waste council shall have not less than nine 57.13 nor more than 21 members. The membership of the solid waste 57.14 council shall consist of one-third citizen representatives, 57.15 one-third representatives from local government units, and 57.16 one-third representatives from private solid waste management 57.17 firms. The solid waste council shall contain at least three 57.18 members experienced in the private recycling industry and at 57.19 least one member experienced in each of the following areas: 57.20 state and municipal finance; solid waste collection, processing, 57.21 and disposal; and solid waste reduction and resource recovery. 57.22 (c) The hazardous waste council shall have not less than 57.23 nine nor more than 18 members. The membership of the hazardous 57.24 waste advisory council shall consist of one-third citizen 57.25 representatives, one-third representatives from local government 57.26 units, and one-third representatives of hazardous waste 57.27 generators and private hazardous waste management firms. 57.28 (d) The market development coordinating council shall have 57.29 not less than nine nor more than 18 members and shall consist of 57.30 one representative from the department of trade and economic 57.31 development, the department of administration, the pollution 57.32 control agency, Minnesota Technology, Inc., the metropolitan57.33 council,and the legislative commission on waste management. 57.34 The other members shall represent local government units, 57.35 private recycling markets, and private recycling collectors. 57.36 The market development coordinating council expires June 30, 58.1 1997. 58.2 (e) The chairs of the advisory councils shall be appointed 58.3 by the director. The director shall provide administrative and 58.4 staff services for the advisory councils. The advisory councils 58.5 shall have such duties as are assigned by law or the director. 58.6 The solid waste advisory council shall make recommendations to 58.7 the office on its solid waste management activities. The 58.8 hazardous waste advisory council shall make recommendations to 58.9 the office on its activities under sections 115A.08, 115A.09, 58.10 115A.10, 115A.11, 115A.20, 115A.21, and 115A.24. Members of the 58.11 advisory councils shall serve without compensation but shall be 58.12 reimbursed for their reasonable expenses as determined by the 58.13 director. The solid waste management advisory council and the 58.14 hazardous waste management planning council expire June 30, 1997. 58.15 Sec. 5. Minnesota Statutes 1994, section 115A.14, 58.16 subdivision 4, is amended to read: 58.17 Subd. 4. [POWERS AND DUTIES.] (a) The commission shall 58.18 oversee the activities of the office ,and agency , and58.19 metropolitan councilrelating to solid and hazardous waste 58.20 management, and direct such changes or additions in the work 58.21 plan of the office ,and agency , and councilrelating to solid 58.22 and hazardous waste management as the commission deems fit. 58.23 (b) The commission shall make recommendations to the 58.24 standing legislative committees on finance and appropriations 58.25 for appropriations from the environmental response, 58.26 compensation, and compliance account in the environmental fund 58.27 under section 115B.20, subdivision 5. 58.28 (c) The commission may conduct public hearings and 58.29 otherwise secure data and expressions of opinion. The 58.30 commission shall make such recommendations as it deems proper to 58.31 assist the legislature in formulating legislation. Any data or 58.32 information compiled by the commission shall be made available 58.33 to any standing or interim committee of the legislature upon 58.34 request of the chair of the respective committee. 58.35 Sec. 6. Minnesota Statutes 1994, section 115A.15, 58.36 subdivision 9, is amended to read: 59.1 Subd. 9. [RECYCLING GOAL.] By December 31, 1993, the 59.2 commissioner shall recycle at least 40 percent by weight of the 59.3 solid waste generated by state offices and other state 59.4 operations located in the metropolitan area. By March 1 of each 59.5 year the commissioner shall report to the office and the59.6 metropolitan councilthe estimated recycling rates by county for 59.7 state offices and other state operations in the metropolitan 59.8 area for the previous calendar year. The office shall 59.9 incorporate these figures into the reports submitted by the 59.10 counties under section 115A.557, subdivision 3, to determine 59.11 each county's progress toward the goal in section 115A.551, 59.12 subdivision 2. 59.13 Each state agency in the metropolitan area shall work to 59.14 meet the recycling goal individually. If the goal is not met by 59.15 an agency, the commissioner shall notify that agency that the 59.16 goal has not been met and the reasons the goal has not been met 59.17 and shall provide information to the employees in the agency 59.18 regarding recycling opportunities and expectations. 59.19 Sec. 7. Minnesota Statutes 1994, section 115A.191, 59.20 subdivision 1, is amended to read: 59.21 Subdivision 1. [OFFICE TO SEEK CONTRACTS.] The office of59.22 waste managementand any eligible county board may enter a 59.23 contract as provided in this section expressing their voluntary 59.24 and mutually satisfactory agreement concerning the location and 59.25 development of a stabilization and containment facility. The 59.26 director shall negotiate contracts with eligible counties and 59.27 shall present drafts of the negotiated contracts to the office 59.28 for its approval. The director shall actively solicit, 59.29 encourage, and assist counties, together with developers, 59.30 landowners, the local business community, and other interested 59.31 parties, in developing resolutions of interest. The county 59.32 shall provide affected political subdivisions and other 59.33 interested persons with an opportunity to suggest contract terms. 59.34 Sec. 8. Minnesota Statutes 1994, section 115A.191, 59.35 subdivision 2, is amended to read: 59.36 Subd. 2. [RESOLUTION OF INTEREST IN NEGOTIATING; 60.1 ELIGIBILITY.] A county is eligible to negotiate a contract under 60.2 this section if the county board files with the office of waste60.3 managementand the office accepts a resolution adopted by the 60.4 county board that expresses the county board's interest in 60.5 negotiations and its willingness to accept the preliminary 60.6 evaluation of one or more study areas in the county for 60.7 consideration as a location of a stabilization and containment 60.8 facility. The county board resolution expressing interest in 60.9 negotiations must provide for county cooperation with the 60.10 office, as necessary to facilitate the evaluation of study areas 60.11 in the county, and for the appointment of a member of the county 60.12 board or an officer or employee of the county as official 60.13 liaison with the office with respect to the matters provided in 60.14 the resolution and future negotiations with the office. A 60.15 county board by resolution may withdraw a resolution of 60.16 interest, and the office of waste managementmay withdraw its 60.17 acceptance of such a resolution, at any time before the parties 60.18 execute a contract under this section. A county that is 60.19 eligible to negotiate a contract shall receive the benefits as 60.20 provided in section 477A.012. 60.21 Sec. 9. Minnesota Statutes 1994, section 115A.32, is 60.22 amended to read: 60.23 115A.32 [RULES.] 60.24 The board shall promulgate rules pursuant to chapter 14 to 60.25 govern its activities under sections 115A.32 to 115A.39. For 60.26 the purposes of sections 115A.32 to 115A.39, "board" means the 60.27 environmental quality board established in section 116C.03. In 60.28 all of its activities and deliberations under sections 115A.32 60.29 to 115A.39, the board shall consult with the director of the 60.30 office of waste management. 60.31 Sec. 10. Minnesota Statutes 1994, section 115A.42, is 60.32 amended to read: 60.33 115A.42 [ESTABLISHMENT AND ADMINISTRATION.] 60.34 There is established a program to encourage and improve 60.35 regional and local solid waste management planning activities 60.36 and efforts and to further the state policies and purposes 61.1 expressed in section 115A.02. The program under sections 61.2 115A.42 to 115A.46 is administered by the officedirector 61.3 pursuant to rules promulgated under chapter 14, except in the 61.4 metropolitan area where the program is administered by 61.5 the metropolitan council pursuant to chapter 473director 61.6 pursuant to section 473.149. The office and the metropolitan61.7 councildirector shall ensure conformance with federal 61.8 requirements and programs established pursuant to the Resource 61.9 Conservation and Recovery Act of 1976 and amendments thereto. 61.10 Sec. 11. Minnesota Statutes 1994, section 115A.45, is 61.11 amended to read: 61.12 115A.45 [TECHNICAL ASSISTANCE.] 61.13 The director and metropolitan councilshall provide for 61.14 technical assistance to encourage and improve solid waste 61.15 management and to assist political subdivisions in preparing the 61.16 plans described in section 115A.46. The director and61.17 metropolitan councilshall provide model plans for regional and 61.18 local solid waste management. The director and metropolitan61.19 councilmay contract for the delivery of technical assistance by 61.20 a regional development commission, any state or federal agency, 61.21 private consultants, or other persons. The director shall 61.22 prepare and publish an inventory of sources of technical 61.23 assistance for solid waste planning, including studies, 61.24 publications, agencies, and persons available. 61.25 Sec. 12. Minnesota Statutes 1994, section 115A.46, 61.26 subdivision 1, is amended to read: 61.27 Subdivision 1. [GENERAL.] (a) Plans shall address the 61.28 state policies and purposes expressed in section 115A.02 and may 61.29 not be inconsistent with state law. 61.30 (b) Plans for the location, establishment, operation, 61.31 maintenance, and postclosure use of facilities and facility 61.32 sites, for ordinances, and for licensing, permit, and 61.33 enforcement activities shall be consistent with the rules 61.34 adopted by the agency pursuant to chapter 116. 61.35 (c) Plans shall address: 61.36 (1) the resolution of conflicting, duplicative, or 62.1 overlapping local management efforts; 62.2 (2) the establishment of joint powers management programs 62.3 or waste management districts where appropriate; and 62.4 (3) other matters as the rules of the office may require 62.5 consistent with the purposes of sections 115A.42 to 115A.46. 62.6 (d) Political subdivisions preparing plans under sections 62.7 115A.42 to 115A.46 shall consult with persons presently 62.8 providing solid waste collection, processing, and disposal 62.9 services. 62.10 (e) Plans must be submitted to the director , or the62.11 metropolitan council pursuant to section 473.803,for approval. 62.12 When a county board is ready to have a final plan approved, the 62.13 county board shall submit a resolution requesting review and 62.14 approval by the director or the metropolitan council. After 62.15 receiving the resolution, the director or the metropolitan62.16 councilshall notify the county within 45 days whether the plan 62.17 as submitted is complete and, if not complete, the specific 62.18 items that need to be submitted to make the plan complete. 62.19 Within 90 days after a complete plan has been submitted, the 62.20 director or the metropolitan councilshall approve or disapprove 62.21 the plan. If the plan is disapproved, reasons for the 62.22 disapproval must be provided. 62.23 (f) After initial approval, each plan must be updated and 62.24 submitted for approval every five years. The plan must be 62.25 revised as necessary so that it is not inconsistent with state 62.26 law. 62.27 Sec. 13. Minnesota Statutes 1994, section 115A.5501, 62.28 subdivision 2, is amended to read: 62.29 Subd. 2. [MEASUREMENT; PROCEDURES.] To measure the overall 62.30 percentage of packaging in the statewide solid waste stream, the 62.31 director and the chair of the metropolitan council, in 62.32 consultation with the commissioner, shall eachconduct anannual 62.33 solid waste composition studystudies in the nonmetropolitan and 62.34 metropolitan areas respectivelyor shall develop an alternative 62.35 method that is as statistically reliable as a waste composition 62.36 study to measure the percentage of packaging in the waste stream. 63.1 The chair of the council shall submit the results from the63.2 metropolitan area to the director by May 1 of each year.The 63.3 director shall average the nonmetropolitan and metropolitan 63.4 results and submit the statewide percentage, along with a 63.5 statistically reliable margin of error, to the legislative 63.6 commission on waste management by July 1 of each year. The 1994 63.7 report must include a discussion of the reliability of data 63.8 gathered under this subdivision and the methodology used to 63.9 determine a statistically reliable margin of error. 63.10 Sec. 14. Minnesota Statutes 1994, section 115A.5501, 63.11 subdivision 3, is amended to read: 63.12 Subd. 3. [FACILITY COOPERATION AND REPORTS.] The owner or 63.13 operator of a facility shall allow access upon reasonable notice 63.14 to authorized office ,or agency , or metropolitan councilstaff 63.15 for the purpose of conducting waste composition studies or 63.16 otherwise assessing the amount of total packaging in the waste 63.17 delivered to the facility under this section. 63.18 Beginning in 1993, by February 1 of each year the owner or 63.19 operator of a facility governed by this subdivision shall submit 63.20 a report to the commissioner, on a form prescribed by the 63.21 commissioner, specifying the total amount of solid waste 63.22 received by the facility between January 1 and December 31 of 63.23 the previous year. The commissioner shall calculate the total 63.24 amount of solid waste delivered to solid waste facilities from 63.25 the reports received from the facility owners or operators and 63.26 shall report the aggregate amount to the director by April 1 of 63.27 each year. The commissioner shall assess a nonforgivable 63.28 administrative penalty under section 116.072 of $500 plus any 63.29 forgivable amount necessary to enforce this subdivision on any 63.30 owner or operator who fails to submit a report required by this 63.31 subdivision. 63.32 Sec. 15. Minnesota Statutes 1994, section 115A.551, 63.33 subdivision 5, is amended to read: 63.34 Subd. 5. [FAILURE TO MEET GOAL.] (a) A county failing to 63.35 meet the interim goals in subdivision 3 shall, as a minimum: 63.36 (1) notify county residents of the failure to achieve the 64.1 goal and why the goal was not achieved; and 64.2 (2) provide county residents with information on recycling 64.3 programs offered by the county. 64.4 (b) If, based on the recycling monitoring described in 64.5 subdivision 4, the director or the metropolitan councilfinds 64.6 that a county will be unable to meet the recycling goals 64.7 established in subdivisions 2 and 2a, the director or council64.8 shall, after consideration of the reasons for the county's 64.9 inability to meet the goals, recommend legislation for 64.10 consideration by the legislative commission on waste management 64.11 to establish mandatory recycling standards and to authorize the 64.12 director or councilto mandate appropriate solid waste 64.13 management techniques designed to meet the standards in those 64.14 counties that are unable to meet the goals. 64.15 Sec. 16. Minnesota Statutes 1994, section 115A.558, is 64.16 amended to read: 64.17 115A.558 [SAFETY GUIDE.] 64.18 The pollution control agency, in cooperation with the 64.19 office of waste management and the metropolitan council, shall 64.20 prepare and distribute to all interested persons a guide for 64.21 operation of a recycling or yard waste composting facility to 64.22 protect the environment and public health. 64.23 Sec. 17. Minnesota Statutes 1994, section 115A.63, 64.24 subdivision 3, is amended to read: 64.25 Subd. 3. [RESTRICTIONS.] No waste district shall be 64.26 established within the boundaries of the Western Lake Superior 64.27 Sanitary District established under chapter 458D. No waste 64.28 district shall be established wholly within one county. The 64.29 director shall not establish a waste district within or 64.30 extending into the metropolitan area, nor define or alter the 64.31 powers or boundaries of a district, without the approval of the64.32 metropolitan council. The council shall not approve a district64.33 unless the articles of incorporation of the district require 64.34 that the district will have the same procedural and substantive 64.35 responsibilities, duties, and relationship to the metropolitan 64.36 agencies as a metropolitan county. The director shall require 65.1 the completion of a comprehensive solid waste management plan 65.2 conforming to the requirements of section 115A.46, by 65.3 petitioners seeking to establish a district. 65.4 Sec. 18. Minnesota Statutes 1994, section 115A.84, 65.5 subdivision 3, is amended to read: 65.6 Subd. 3. [PLAN APPROVAL.] (a) A district or county 65.7 planning a designation for waste generated wholly within the65.8 metropolitan area defined in section 473.121 shall submit its65.9 designation plan to the metropolitan council for review and65.10 approval or disapproval. Other districts or countiesshall 65.11 submit the designation plan to the director for review and 65.12 approval or disapproval. 65.13 (b) The reviewing authoritydirector shall complete itsthe 65.14 review and make itsa decision within 120 days following 65.15 submission of the plan for review. The reviewing authority65.16 director shall approve the designation plan if the plan 65.17 satisfies the requirements of subdivision 2 and, in the case of 65.18 designation to disposal facilities, if the reviewing authority65.19 director finds that the plan has demonstrated that the 65.20 designation is necessary and is consistent with section 65.21 115A.02. The reviewing authoritydirector may attach conditions 65.22 to itsthe approval that relate to matters required in a 65.23 designation ordinance under section 115A.86, subdivision 1, 65.24 paragraph (a), clauses (1) to (4), and paragraph (b). 65.25 Amendments to plans must be submitted for review in accordance 65.26 with this subdivision. 65.27 Sec. 19. Minnesota Statutes 1994, section 115A.86, 65.28 subdivision 2, is amended to read: 65.29 Subd. 2. [APPROVAL.] A district or county whose65.30 designation applies wholly within the metropolitan area defined65.31 in section 473.121 shall submit the designation ordinance,65.32 together with any negotiated contracts assuring the delivery of65.33 solid waste, to the metropolitan council for review and approval65.34 or disapproval. Other districts or countiesshall submit the 65.35 designation ordinance, together with any negotiated contracts 65.36 assuring the delivery of solid waste, to the director for review 66.1 and approval or disapproval. The director shall complete the 66.2 review and make a decision within 90 days following submission 66.3 of the designation for review. The director shall approve the 66.4 designation if the director determines that the designation 66.5 procedure specified in section 115A.85 was followed and that the 66.6 designation is based on a plan approved under section 115A.84. 66.7 The director may attach conditions to the approval. 66.8 Sec. 20. Minnesota Statutes 1994, section 115A.951, 66.9 subdivision 4, is amended to read: 66.10 Subd. 4. [COLLECTION OF USED DIRECTORIES.] Each publisher 66.11 or distributor of telephone directories shall: 66.12 (1) provide for the collection and delivery to a recycler 66.13 of waste telephone directories; 66.14 (2) inform recipients of directories of the collection 66.15 system; and 66.16 (3) submit a report to the office of waste managementby 66.17 August 1 of each year that specifies the percentage of 66.18 distributed directories collected as waste directories by 66.19 distribution area and the locations where the waste directories 66.20 were delivered for recycling and that verifies that the 66.21 directories have been recycled. 66.22 Sec. 21. Minnesota Statutes 1994, section 115A.97, 66.23 subdivision 5, is amended to read: 66.24 Subd. 5. [PLANS; REPORT.] A county solid waste plan, or 66.25 revision of a plan, that includes incineration of mixed 66.26 municipal solid waste must clearly state how the county plans to 66.27 meet the goals in subdivision 1 of reducing the toxicity and 66.28 quantity of incinerator ash and of reducing the quantity of 66.29 processing residuals that require disposal. The director, in 66.30 cooperation with the agency ,and the counties, and the66.31 metropolitan council,may develop guidelines for counties to use 66.32 to identify ways to meet the goals in subdivision 1. 66.33 The director, in cooperation with the agency, the counties,66.34 and the metropolitan council, shall develop and propose66.35 statewide goals and timetables for the reduction of the66.36 noncombustible fraction of mixed municipal solid waste prior to67.1 incineration or processing into refuse-derived fuel and for the67.2 reduction of the toxicity of the incinerator ash. By January 1,67.3 1990, the director shall report to the legislative commission on67.4 waste management on the proposal goals and timetables with67.5 recommendations for their implementation.67.6 Sec. 22. Minnesota Statutes 1994, section 115A.97, 67.7 subdivision 6, is amended to read: 67.8 Subd. 6. [PERMITS; AGENCY REPORT.] An application for a 67.9 permit to build or operate a mixed municipal solid waste 67.10 incinerator, including an application for permit renewal, must 67.11 clearly state how the applicant will achieve the goals in 67.12 subdivision 1 of reducing the toxicity and quantity of 67.13 incinerator ash and of reducing the quantity of processing 67.14 residuals that require disposal. The agency, in cooperation 67.15 with the director ,and the counties, and the metropolitan67.16 council,may develop guidelines for applicants to use to 67.17 identify ways to meet the goals in subdivision 1. 67.18 If, by January 1, 1990, the rules required by subdivision 3 67.19 are not in at least final draft form, the agency shall report to 67.20 the legislative commission on waste management on the status of 67.21 current incinerator ash management programs with recommendations 67.22 for specific legislation to meet the goals of subdivision 1. 67.23 Sec. 23. Minnesota Statutes 1994, section 115A.981, 67.24 subdivision 3, is amended to read: 67.25 Subd. 3. [REPORT.] (a) The commissioner shall report to 67.26 the legislative commission on waste management by July 1 of each 67.27 odd-numbered year on the economic status and outlook of the 67.28 state's solid waste management sector including an estimate of 67.29 the extent to which prices for solid waste management paid by 67.30 consumers reflect costs related to environmental and public 67.31 health protection, including a discussion of how prices are 67.32 publicly and privately subsidized and how identified costs of 67.33 waste management are not reflected in the prices. 67.34 (b) In preparing the report, the commissioner shall: 67.35 (1) consult with the director; the metropolitan council;67.36 local government units; solid waste collectors, transporters, 68.1 and processors; owners and operators of solid waste facilities; 68.2 and other interested persons; 68.3 (2) consider and analyze information received under 68.4 subdivision 2 and information available under section 115A.929; 68.5 and 68.6 (3) analyze information gathered and comments received 68.7 relating to the most recent solid waste management policy report 68.8 prepared under section 115A.411. 68.9 The commissioner shall also recommend any legislation 68.10 necessary to ensure adequate and reliable information needed for 68.11 preparation of the report. 68.12 (c) The report must also include: 68.13 (1) statewide and facility by facility estimates of the 68.14 total potential costs and liabilities associated with solid 68.15 waste disposal facilities for closure and postclosure care, 68.16 response costs under chapter 115B, and any other potential 68.17 costs, liabilities, or financial responsibilities; 68.18 (2) statewide and facility by facility requirements for 68.19 proof of financial responsibility under section 116.07, 68.20 subdivision 4h, and how each facility is meeting those 68.21 requirements. 68.22 Sec. 24. Minnesota Statutes 1994, section 473.149, 68.23 subdivision 4, is amended to read: 68.24 Subd. 4. [ADVISORY COMMITTEE.] The councildirector shall 68.25 establish an advisory committee to aid in the preparation of the 68.26 policy plan, the performance of the council'sdirector's 68.27 responsibilities under subdivisions 2 to2d and 2e, the review 68.28 of county master plans and reports and applications for permits 68.29 for waste facilities, under sections 473.151 ,and 473.801 to 68.30 473.823, and 473.831,and other duties determined by the council68.31 director. The committee shall consist of one-third citizen 68.32 representatives, one-third representatives from metropolitan 68.33 counties and municipalities, and one-third representatives from 68.34 private waste management firms. A representative from the 68.35 pollution control agency , one from the office of waste68.36 management established under section 115A.055,and one from the 69.1 Minnesota health department shall serve as ex officio members of 69.2 the committee. 69.3 Sec. 25. Minnesota Statutes 1994, section 473.151, is 69.4 amended to read: 69.5 473.151 [DISCLOSURE.] 69.6 For the purpose of the rules, plans, and reports required 69.7 or authorized by sections 473.149, 473.516, 473.801 to 473.823 69.8 and this section, each generator of hazardous waste and each 69.9 owner or operator of a collection service or waste facility 69.10 annually shall make the following information available to the 69.11 agency, council, office of environmental assistance, and 69.12 metropolitan counties: a schedule of rates and charges in 69.13 effect or proposed for a collection service or the processing of 69.14 waste delivered to a waste facility and a description, in 69.15 aggregate amounts indicating the general character of the solid 69.16 and hazardous waste collection and processing system, of the 69.17 types and the quantity, by types, of waste generated, collected, 69.18 or processed. The county, council, office, and agency shall act 69.19 in accordance with the provisions of section 116.075, 69.20 subdivision 2, with respect to information for which 69.21 confidentiality is claimed. 69.22 Sec. 26. Minnesota Statutes 1994, section 473.516, 69.23 subdivision 2, is amended to read: 69.24 Subd. 2. [GENERAL REQUIREMENTS.] With respect to its 69.25 activities under this section, the council shall be subject to 69.26 and comply with the applicable provisions of this chapter. 69.27 Property acquired by the council under this section shall be 69.28 subject to the provisions of section 473.545. Any site or 69.29 facility owned or operated for or by the council shall conform 69.30 to the policy plan adopted by the councilunder section 69.31 473.149. The council shall contract with private persons for 69.32 the construction, maintenance, and operation of waste 69.33 facilities, subject to the bidding requirements of section 69.34 473.523, where the facilities are adequate and available for use 69.35 and competitive with other means of providing the same service. 69.36 Sec. 27. Minnesota Statutes 1994, section 473.801, 70.1 subdivision 1, is amended to read: 70.2 Subdivision 1. [TERMS.] For the purposes of sections 70.3 473.801 to 473.845 and Laws 1985, chapter 274, section70.4 45473.849, the terms defined in this section have the meanings 70.5 given them. 70.6 Sec. 28. Minnesota Statutes 1994, section 473.801, is 70.7 amended by adding a subdivision to read: 70.8 Subd. 5. [DIRECTOR.] "Director" means the director of the 70.9 office of environmental assistance. 70.10 Sec. 29. Minnesota Statutes 1994, section 473.801, is 70.11 amended by adding a subdivision to read: 70.12 Subd. 6. [OFFICE.] "Office" means the office of 70.13 environmental assistance. 70.14 Sec. 30. Minnesota Statutes 1994, section 473.8011, is 70.15 amended to read: 70.16 473.8011 [METROPOLITAN AGENCY RECYCLING GOAL.] 70.17 By December 31, 1993, the metropolitan council, each 70.18 metropolitan agency as defined in section 473.121, and the 70.19 metropolitan mosquito control district established in section 70.20 473.702 shall recycle at least 40 percent by weight of the solid 70.21 waste generated by their offices or other operations. The 70.22 councildirector shall provide information and technical 70.23 assistance to the council, agencies, and the district to 70.24 implement effective recycling programs. 70.25 By August 1 of each year, the council, each agency, and the 70.26 district shall submit to the office of waste managementa report 70.27 for the previous fiscal year describing recycling rates, 70.28 specified by the county in which the council, agency, or 70.29 operation is located, and progress toward meeting the recycling 70.30 goal. The office shall incorporate the recycling rates reported 70.31 in the respective county's recycling rates for the previous 70.32 fiscal year. 70.33 If the goal is not met, the council, agency, or district 70.34 must include in its 1994 report reasons for not meeting the goal 70.35 and a plan for meeting it in the future. 70.36 Sec. 31. Minnesota Statutes 1994, section 473.803, 71.1 subdivision 1, is amended to read: 71.2 Subdivision 1. [COUNTY MASTER PLANS; GENERAL 71.3 REQUIREMENTS.] Each metropolitan county, following adoption or 71.4 revision of the council's solid wastemetropolitan policy plan 71.5 and in accordance with the dates specified therein, and after 71.6 consultation with all affected local government units, shall 71.7 prepare and submit to the council for itsthe director for 71.8 approval, a county solid waste master plan to implement the 71.9 policy plan. The master plan shall be revised and resubmitted 71.10 at such times as the council'smetropolitan policy plan may 71.11 require. The master plan shall describe county solid waste 71.12 activities, functions, and facilities; the existing system of 71.13 solid waste generation, collection, and processing, and disposal 71.14 within the county; proposed mechanisms for complying with the 71.15 recycling requirements of section 115A.551, and the household 71.16 hazardous waste management requirements of section 115A.96, 71.17 subdivision 6; existing and proposed county and municipal 71.18 ordinances and license and permit requirements relating to solid 71.19 waste facilities and solid waste generation, collection, and 71.20 processing, and disposal; existing or proposed municipal, 71.21 county, or private solid waste facilities and collection 71.22 services within the county together with schedules of existing 71.23 rates and charges to users and statements as to the extent to 71.24 which such facilities and services will or may be used to 71.25 implement the policy plan; and any solid waste facility which 71.26 the county owns or plans to acquire, construct, or improve 71.27 together with statements as to the planned method, estimated 71.28 cost and time of acquisition, proposed procedures for operation 71.29 and maintenance of each facility; an estimate of the annual cost 71.30 of operation and maintenance of each facility; an estimate of 71.31 the annual gross revenues which will be received from the 71.32 operation of each facility; and a proposal for the use of each 71.33 facility after it is no longer needed or usable as a waste 71.34 facility. The master plan shall, to the extent practicable and 71.35 consistent with the achievement of other public policies and 71.36 purposes, encourage ownership and operation of solid waste 72.1 facilities by private industry. For solid waste facilities 72.2 owned or operated by public agencies or supported primarily by 72.3 public funds or obligations issued by a public agency, the 72.4 master plan shall contain criteria and standards to protect 72.5 comparable private and public facilities already existing in the 72.6 area from displacement unless the displacement is required in 72.7 order to achieve the waste management objectives identified in 72.8 the plan. 72.9 Sec. 32. Minnesota Statutes 1994, section 473.803, 72.10 subdivision 2a, is amended to read: 72.11 Subd. 2a. [WASTE ABATEMENT.] The councildirector may 72.12 require any county that fails to meet the waste abatement 72.13 objectives contained in the council'smetropolitan policy plan 72.14 to amend its master plan to address methods to achieve the 72.15 objectives. The master plan amendment is subject to council72.16 review and approval as provided in subdivision 2 and must 72.17 consider at least: 72.18 (1) minimum recycling service levels for solid waste 72.19 generators; 72.20 (2) mandatory generator participation in recycling programs 72.21 including separation of recyclable material from mixed municipal 72.22 solid waste; 72.23 (3) use of organized solid waste collection under section 72.24 115A.94; and 72.25 (4) waste abatement participation incentives including 72.26 provision of storage bins, weekly collection of recyclable 72.27 material, expansion of the types of recyclable material for 72.28 collection, collection of recyclable material on the same day as 72.29 collection of solid waste, and financial incentives such as 72.30 basing charges to generators for waste collection services on 72.31 the volume of waste generated and discounting collection charges 72.32 for generators who separate recyclable material for collection 72.33 separate from their solid waste. 72.34 Sec. 33. Minnesota Statutes 1994, section 473.803, 72.35 subdivision 3, is amended to read: 72.36 Subd. 3. [ANNUAL REPORT.] By April 1 of each year, each 73.1 metropolitan county shall prepare and submit to the council73.2 director for itsapproval a report containing information, as 73.3 the council may prescribeprescribed in itsthe metropolitan 73.4 policy plan, concerning solid waste generation and management 73.5 within the county. The report shall include a statement of 73.6 progress in achieving the land disposal abatement objectives for 73.7 the county and classes of cities in the county as stated in 73.8 the council'smetropolitan policy plan and county master plan. 73.9 The report must list cities that have not satisfied the county 73.10 performance standards for local abatement required by 73.11 subdivision 1c. The report must include a schedule of rates and 73.12 charges in effect or proposed for the use of any solid waste 73.13 facility owned or operated by or on its behalf, together with a 73.14 statement of the basis for such charges. 73.15 The report shall contain the recycling development grant 73.16 report required by section 473.8441 and the annual certification 73.17 report required by section 473.848. 73.18 Sec. 34. Minnesota Statutes 1994, section 473.803, 73.19 subdivision 5, is amended to read: 73.20 Subd. 5. [ROLE OF PRIVATE SECTOR; COUNTY OVERSIGHT.] A 73.21 county may include in its solid waste management master plan and 73.22 in its plan for county land disposal abatement a determination 73.23 that the private sector will achieve, either in part or in 73.24 whole, the goals and requirements of sections 473.149 and 73.25 473.803, as long as the county: 73.26 (1) retains active oversight over the efforts of the 73.27 private sector and monitors performance to ensure compliance 73.28 with the law and the goals and standards ofin the council and73.29 the county as expressed in themetropolitan solid waste73.30 managementpolicy plan and the county master plan; 73.31 (2) continues to meet its responsibilities under the law 73.32 for ensuring proper waste management, including, at a minimum, 73.33 enforcing waste management law, providing waste education, 73.34 promoting waste reduction, and providing its residents the 73.35 opportunity to recycle waste materials; and 73.36 (3) continues to provide all required reports on the 74.1 county's progress in meeting the waste management goals and 74.2 standards of this chapter and chapter 115A. 74.3 Sec. 35. Minnesota Statutes 1994, section 473.804, is 74.4 amended to read: 74.5 473.804 [HOUSEHOLD HAZARDOUS WASTE MANAGEMENT.] 74.6 By June 30, 1992, each metropolitan county shall develop 74.7 and implement a permanent program to manage household hazardous 74.8 waste. Each program must include at least quarterly collection 74.9 of wastes. Each program must be consistent with the council's74.10 metropolitan policy plan and must be described as part of each 74.11 county's solid waste master plan revision as required under 74.12 section 473.803, subdivision 1. 74.13 Sec. 36. Minnesota Statutes 1994, section 473.811, 74.14 subdivision 1, is amended to read: 74.15 Subdivision 1. [COUNTY ACQUISITION OF FACILITIES.] To 74.16 accomplish the purpose specified in section 473.803, each 74.17 metropolitan county may acquire by purchase, lease, gift or 74.18 condemnation as provided by law, upon such terms and conditions 74.19 as it shall determine, including contracts for deed and 74.20 conditional sales contracts, solid waste facilities or 74.21 properties or easements for solid waste facilities which are in 74.22 accordance with rules adopted by the agency, the policy plan 74.23 adopted by the counciland the approved county master plan as74.24 approved by the council, and may improve or construct 74.25 improvements on any property or facility so acquired. No 74.26 metropolitan city, county or town shall own or operate a 74.27 hazardous waste facility, except a facility to manage household 74.28 hazardous waste. Each metropolitan county is authorized to levy 74.29 a tax in anticipation of need for expenditure for the 74.30 acquisition and betterment of solid waste facilities. If a tax 74.31 is levied in anticipation of need, the purpose must be specified 74.32 in a resolution of the county directing that the levy and the 74.33 proceeds of the tax may be used only for that purpose. Until so 74.34 used, the proceeds shall be retained in a separate fund or 74.35 invested in the same manner as surplus in a sinking fund may be 74.36 invested under section 475.66. The right of condemnation shall 75.1 be exercised in accordance with chapter 117. 75.2 For the purposes of this section "solid waste facility" 75.3 includes a facility to manage household hazardous waste. 75.4 Sec. 37. Minnesota Statutes 1994, section 473.811, 75.5 subdivision 4a, is amended to read: 75.6 Subd. 4a. [ORDINANCES; GENERAL CONDITIONS; RESTRICTIONS; 75.7 APPLICATION.] Ordinances of counties and local government units 75.8 related to or affecting waste management shall embody plans, 75.9 policies, rules, standards and requirements adopted by any state 75.10 agency authorized to manage or plan for or regulate the 75.11 management of waste and the waste management plans adopted by75.12 the councilunder section 473.149 and shall be consistent with 75.13 approved county master plans approved by the council. Except as 75.14 provided in this subdivision, a county may establish and operate 75.15 or contract for the establishment or operation of a solid waste 75.16 disposal facility without complying with local ordinances if the 75.17 councildirector certifies need under section 473.823, 75.18 subdivision 6. With the approval of the councildirector, local 75.19 government units may impose and enforce reasonable conditions 75.20 respecting the construction, operation, inspection, monitoring, 75.21 and maintenance of the disposal facilities. No local government 75.22 unit shall prevent the establishment or operation of any solid 75.23 waste facility in accordance with the council'sdirector's 75.24 decision under section 473.823, subdivision 5, except that, with 75.25 the approval of the councildirector, the local government unit 75.26 may impose reasonable conditions respecting the construction, 75.27 inspection, monitoring, and maintenance of a facility. 75.28 Sec. 38. Minnesota Statutes 1994, section 473.811, 75.29 subdivision 5, is amended to read: 75.30 Subd. 5. [ORDINANCES; SOLID WASTE COLLECTION AND 75.31 TRANSPORTATION.] (a) Each metropolitan county may adopt 75.32 ordinances governing the collection of solid waste. A county 75.33 may adopt, but may not be required to adopt, an ordinance that 75.34 requires the separation from mixed municipal waste, by 75.35 generators before collection, of materials that can readily be 75.36 separated for use or reuse as substitutes for raw materials or 76.1 for transformation into a usable soil amendment. 76.2 (b) Each local unit of government within the metropolitan 76.3 area shall adopt an ordinance governing the collection of solid 76.4 waste within its boundaries. If the county within which it is 76.5 located has adopted a collection ordinance, the local unit shall 76.6 adopt either the county ordinance by reference or a more strict 76.7 ordinance. If the county within which it is located has adopted 76.8 a separation ordinance, the ordinance applies in all local units 76.9 within the county that have failed to meet the local abatement 76.10 performance standards, as stated in the most recent annual 76.11 county report. 76.12 (c) Ordinances of counties and local government units may 76.13 establish reasonable conditions respecting but shall not prevent 76.14 the transportation of solid waste by a licensed collector 76.15 through and between counties and local units, except as required 76.16 for the enforcement of any designation of a facility by a county 76.17 under chapter 115A or for enforcement of the prohibition on 76.18 disposal of unprocessed mixed municipal solid waste under 76.19 sections 473.848 and 473.849. 76.20 (d) A licensed collector or a metropolitan county or local 76.21 government unit may request review by the councildirector of an 76.22 ordinance adopted under this subdivision. The councildirector 76.23 shall approve or disapprove the ordinance within 60 days of the 76.24 submission of a request for review. The ordinance shall remain 76.25 in effect unless it is disapproved. 76.26 (e) Ordinances of counties and local units of government: 76.27 (1) shall provide for the enforcement of any designation of 76.28 facilities by the counties under chapter 115A; 76.29 (2) may require waste collectors and transporters to 76.30 deliver unprocessed mixed municipal waste generated in the 76.31 county to processing facilities; and 76.32 (3) may prohibit waste collectors and transporters from 76.33 delivering unprocessed mixed municipal solid waste generated in 76.34 the county to disposal facilities for final disposal. 76.35 (f) Nothing in this subdivision limits the authority of the 76.36 local government unit to regulate and license collectors of 77.1 solid waste or to require review or approval by the council77.2 director for ordinances regulating collection. 77.3 Sec. 39. Minnesota Statutes 1994, section 473.811, 77.4 subdivision 7, is amended to read: 77.5 Subd. 7. [JOINT ACTION.] Any local governmental unit or 77.6 metropolitan agency may act together with any county, city, or 77.7 town within or without the metropolitan area, or with the 77.8 pollution control agency or the office of waste managementunder 77.9 the provisions of section 471.59 or any other appropriate law 77.10 providing for joint or cooperative action between government 77.11 units, to accomplish any purpose specified in sections 473.149, 77.12 473.151, 473.801 to 473.823, 473.834, 116.05 and 115A.06. 77.13 Any agreement regarding data processing services relating 77.14 to the generation, management, identification, labeling, 77.15 classification, storage, collection, treatment, transportation, 77.16 processing or disposal of waste and entered into pursuant to 77.17 section 471.59, or other law authorizing joint or cooperative 77.18 action may provide that any party to the agreement may agree to 77.19 defend, indemnify and hold harmless any other party to the 77.20 agreement providing the services, including its employees, 77.21 officers or volunteers, against any judgments, expenses, 77.22 reasonable attorney's fees and amounts paid in settlement 77.23 actually and reasonably incurred in connection with any third 77.24 party claim or demand arising out of an alleged act or omission 77.25 by a party to the agreement, its employees, officers or 77.26 volunteers occurring in connection with any exchange, retention, 77.27 storage or processing of data, information or records required 77.28 by the agreement. Any liability incurred by a party to an 77.29 agreement under this subdivision shall be subject to the 77.30 limitations set forth in section 3.736 or 466.04. 77.31 Sec. 40. Minnesota Statutes 1994, section 473.811, 77.32 subdivision 8, is amended to read: 77.33 Subd. 8. [COUNTY SALE OR LEASE.] Each metropolitan county 77.34 may sell or lease any facilities or property or property rights 77.35 previously used or acquired to accomplish the purposes specified 77.36 by sections 473.149, 473.151, 473.801 to 473.823, and 473.834. 78.1 Such property may be sold in the manner provided by section 78.2 469.065, or may be sold in the manner and on the terms and 78.3 conditions determined by the county board. Each metropolitan 78.4 county may convey to or permit the use of any such property by a 78.5 local government unit, with or without compensation, without 78.6 submitting the matter to the voters of the county. No real 78.7 property or property rights acquired pursuant to this section ,78.8 may be disposed of in any manner unless and until the county 78.9 shall have submitted to the agency and the metropolitan78.10 councildirector for review and comment the terms on and the use 78.11 for which the property will be disposed of. The agency and 78.12 the councildirector shall review and comment on the proposed 78.13 disposition within 60 days after each has received the data 78.14 relating thereto from the county. 78.15 Sec. 41. Minnesota Statutes 1994, section 473.813, 78.16 subdivision 2, is amended to read: 78.17 Subd. 2. Before a city, county, or town enters into any 78.18 contract pursuant to subdivision 1 for a period of more than 78.19 five years, the city, county, or town shall submit the proposed 78.20 contract and a description of the proposed activities under the 78.21 contract to the councildirector for review and approval. The 78.22 councildirector shall approve the proposed contract if itthe 78.23 director determines that the contract is consistent with 78.24 the council'smetropolitan policy plan, permits issued under 78.25 section 473.823, and county reports or approved master plans 78.26 approved by the council. The councildirector may 78.27 consolidate itsthe review of contracts submitted under this 78.28 section with itsthe review of related permit applications 78.29 submitted under section 473.823 and for this purpose may delay 78.30 the review required by this section. 78.31 Sec. 42. Minnesota Statutes 1994, section 473.823, 78.32 subdivision 3, is amended to read: 78.33 Subd. 3. [SOLID WASTE FACILITIES; REVIEW PROCEDURES.] (a) 78.34 The agency shall request applicants for solid waste facility 78.35 permits to submit all information deemed relevant by the council78.36 to itsdirector for review, including without limitation 79.1 information relating to the geographic areas and population 79.2 served, the need, the effect on existing facilities and 79.3 services, the effectiveness of proposed buffer areas to ensure, 79.4 at a minimum, protection of surrounding land uses from adverse 79.5 or incompatible impacts due to landfill operation and related 79.6 activities, the anticipated public cost and benefit, the 79.7 anticipated rates and charges, the manner of financing, the 79.8 effect on metropolitan plans and development programs, the 79.9 supply of waste, anticipated markets for any product, and 79.10 alternative means of disposal or energy production. 79.11 (b) A permit may not be issued for the operation of a solid 79.12 waste facility in the metropolitan area which is not in 79.13 accordance with the metropolitan council's solid wastepolicy 79.14 plan. The metropolitan councildirector shall determine whether 79.15 a permit is in accordance with the policy plan. In making its79.16 this determination, the councildirector shall consider the 79.17 areawide need and benefit of the applicant facility and the 79.18 effectiveness of proposed buffer areas to adequately protect 79.19 surrounding land uses in accordance with itsthe policy plan, 79.20 and may consider, without limitation, the effect of the 79.21 applicant facility on existing and planned solid waste 79.22 facilities. 79.23 (c) If the councildirector determines that a permit is in 79.24 accordance with itsthe policy plan, the councildirector shall 79.25 approve the permit. If the councildirector determines that a 79.26 permit is not in accordance with itsthe policy plan, itthe 79.27 director shall disapprove the permit. The council'sApproval of 79.28 permits may be subject to conditions the director determines are 79.29 necessary to satisfy criteria and standards in itsthe policy 79.30 plan, including conditions respecting the type, character, and 79.31 quantities of waste to be processed at a solid waste facility 79.32 used primarily for resource recovery and the geographic 79.33 territory from which a resource recovery facility or transfer 79.34 station serving such a facility may draw its waste. 79.35 (d) For the purpose of this review and approval by the79.36 council, the agency shall send a copy of each permit application 80.1 and any supporting information furnished by the applicant to the 80.2 metropolitan councildirector within 15 days after receipt of 80.3 the application and all other information requested from the 80.4 applicant. Within 60 days after the application and supporting 80.5 information are received by the councildirector, unless a time 80.6 extension is authorized by the agency, the councildirector 80.7 shall issue to the agency in writing itsa determination whether 80.8 the permit is disapproved, approved, or approved with 80.9 conditions. If the councildirector does not issue itsa 80.10 determination to the agency within the 60-day period, unless a 80.11 time extension is authorized by the agency, the permit shall be 80.12 deemed to be in accordance with the council'spolicy plan. 80.13 (e) A permit may not be issued in the metropolitan area for 80.14 a solid waste facility used primarily for resource recovery or a 80.15 transfer station serving the facility, if the facility or 80.16 station is owned or operated by a public agency or if the 80.17 acquisition or betterment of the facility or station is secured 80.18 by public funds or obligations issued by a public agency, unless 80.19 the councildirector finds and determines that adequate markets 80.20 exist for the products recovered and that establishment of the 80.21 facility is consistent with the criteria and standards in the 80.22 metropolitan and county plans respecting the protection of 80.23 existing resource recovery facilities and transfer stations 80.24 serving such facilities. 80.25 Sec. 43. Minnesota Statutes 1994, section 473.823, 80.26 subdivision 5, is amended to read: 80.27 Subd. 5. [REVIEW OF WASTE PROCESSING FACILITIES.] (a) A 80.28 metropolitan county may establish a waste processing facility 80.29 within the county without complying with local ordinances, if 80.30 the action is approved by the councildirector in accordance 80.31 with the review process established by this subdivision. A 80.32 county requesting review by the councilshall show that: 80.33 (1) the required permits for the proposed facility have 80.34 been or will be issued by the agency; 80.35 (2) the facility is consistent with the council's80.36 metropolitan policy plan and the approved county master plan; 81.1 and 81.2 (3) a local government unit has refused to approve the 81.3 establishment or operation of the facility, has failed to deny 81.4 or approve establishment or operation of the facility within the 81.5 time period required in section 115A.31, or has approved the 81.6 application or request with conditions that are unreasonable or 81.7 impossible for the county to meet. 81.8 (b) The councildirector shall meet tocommence the review 81.9 within 90 days of the submission of a request determined by 81.10 the councildirector to satisfy the requirements for review 81.11 under this subdivision. At the meetingUpon commencing the 81.12 review the chairdirector shall recommend and the council81.13 establish a scope and procedure, including criteria, for itsthe 81.14 review and final decision on the proposed facility. The 81.15 procedure shall require the councildirector to make a final 81.16 decision on the proposed facility within 120 days following the 81.17 commencement of review. For facilities other than waste 81.18 incineration and mixed municipal solid waste composting 81.19 facilities, the councildirector shall meet tocommence the 81.20 review within 45 days of submission of the request and shall 81.21 make a final decision within 75 days following commencement of 81.22 review. 81.23 (c) The councildirector shall conduct at least one public 81.24 hearing in the city or town within which the proposed facility 81.25 would be located. Notice of the hearing shall be published in a 81.26 newspaper or newspapers of general circulation in the area for 81.27 two successive weeks ending at least 15 days before the date of 81.28 the hearing. The notice shall describe the proposed facility, 81.29 its location, the proposed permits, and the council'sscope, 81.30 procedure, and criteria for review. The notice shall identify a 81.31 location or locations within the local government unit and 81.32 county where the permit applications and the council'sscope, 81.33 procedure, and criteria for review are available for review and 81.34 where copies may be obtained. 81.35 (d) In itsthe review and final decision on the proposed 81.36 facility, the councildirector shall consider at least the 82.1 following matters: 82.2 (1) the risk and effect of the proposed facility on local 82.3 residents, units of government, and the local public health, 82.4 safety, and welfare, and the degree to which the risk or effect 82.5 may be alleviated; 82.6 (2) the consistency of the proposed facility with, and its 82.7 effect on, existing and planned local land use and development; 82.8 local laws, ordinances, and permits; and local public facilities 82.9 and services; 82.10 (3) the adverse effects of the facility on agriculture and 82.11 natural resources and opportunities to mitigate or eliminate 82.12 such adverse effects by additional stipulations, conditions, and 82.13 requirements respecting the design and operation of the proposed 82.14 facility at the proposed site; 82.15 (4) the need for the proposed facility and the availability 82.16 of alternative sites; 82.17 (5) the consistency of the proposed facility with the 82.18 county master plan adopted pursuant to section 473.803 and the 82.19 council'spolicy plan adopted pursuant to section 473.149; and 82.20 (6) transportation facilities and distance to points of 82.21 waste generation. 82.22 (e) In its final decision in the review,The council82.23 director may either approve or disapprove the proposed facility 82.24 at the proposed site. The council'sapproval shall embody all 82.25 terms, conditions, and requirements of the permitting state 82.26 agencies, provided that the councildirector may require more 82.27 stringent permit terms, conditions, and requirements respecting 82.28 the design, construction, operation, inspection, monitoring, and 82.29 maintenance of the proposed facility at the proposed site. 82.30 Sec. 44. Minnesota Statutes 1994, section 473.823, 82.31 subdivision 6, is amended to read: 82.32 Subd. 6. [ COUNCIL;CERTIFICATION OF NEED.] No new mixed 82.33 municipal solid waste disposal facility or capacity shall be 82.34 permitted in the metropolitan area without a certificate of need 82.35 issued by the councildirector indicating the council'sa 82.36 determination that the additional disposal capacity planned for 83.1 the facility is needed in the metropolitan area. The council83.2 director shall amend itsthe policy plan, adopted pursuant to 83.3 section 473.149, to include standards and procedures for 83.4 certifying need that conform to the certification standards 83.5 stated in this subdivision. The standards and procedures shall 83.6 be based on the council'smetropolitan disposal abatement plan 83.7 adopted pursuant to section 473.149, subdivision 2d, 83.8 the council'ssolid waste disposal facilities development 83.9 schedule adopted under section 473.149, subdivision 2e, and the 83.10 provisions of any master plans of counties that have been 83.11 approved by the councilunder section 473.803, subdivision 2, 83.12 and that are consistent with the council'sabatement plan and 83.13 development schedule. The councildirector shall certify need 83.14 only to the extent that there are no feasible and prudent 83.15 alternatives to the disposal facility, including waste 83.16 reduction, source separation and resource recovery which would 83.17 minimize adverse impact upon natural resources. Alternatives 83.18 that are speculative or conjectural shall not be deemed to be 83.19 feasible and prudent. Economic considerations alone shall not 83.20 justify the certification of need or the rejection of 83.21 alternatives. 83.22 Sec. 45. Minnesota Statutes 1994, section 473.844, 83.23 subdivision 1a, is amended to read: 83.24 Subd. 1a. [USE OF FUNDS.] (a) The money in the account may 83.25 be spent only for the following purposes: 83.26 (1) assistance to any person for resource recovery projects 83.27 funded under subdivision 4 or projects to develop and coordinate 83.28 markets for reusable or recyclable waste materials, including 83.29 related public education, planning, and technical assistance; 83.30 (2) grants to counties under section 473.8441; 83.31 (3) program administration by the metropolitan council; 83.32 (4) public education on solid waste reduction and 83.33 recycling; 83.34 (5) solid waste research; and 83.35 (6) grants to multicounty groups for regionwide planning 83.36 for solid waste management system operations and use of 84.1 management capacity. 84.2 (b) The councildirector shall allocate at least 50 percent 84.3 of the annual revenue received by the account for grants to 84.4 counties under section 473.8441. 84.5 Sec. 46. Minnesota Statutes 1994, section 473.844, 84.6 subdivision 4, is amended to read: 84.7 Subd. 4. [RESOURCE RECOVERY GRANTS AND LOANS.] The grant 84.8 and loan program under this subdivision is administered by 84.9 the metropolitan councildirector. Grants and loans may be made 84.10 to any person for resource recovery projects. The grants and 84.11 loans may include the cost of planning, acquisition of land and 84.12 equipment, and capital improvements. Grants and loans for 84.13 planning may not exceed 50 percent of the planning costs. 84.14 Grants and loans for acquisition of land and equipment and for 84.15 capital improvements may not exceed 50 percent of the cost of 84.16 the project. Grants and loans may be made for public education 84.17 on the need for the resource recovery projects. A grant or loan 84.18 for land, equipment, or capital improvements may not be made 84.19 until the metropolitan councildirector has determined the total 84.20 estimated capital cost of the project and ascertained that full 84.21 financing of the project is assured. Grants and loans made to 84.22 cities, counties, or solid waste management districts must be 84.23 for projects that are in conformance with approved master 84.24 plans. A grant or loan to a city or town must be reviewed and 84.25 approved by the county for conformance with the county master 84.26 plan. The councildirector shall require, where practical, 84.27 cooperative purchase between cities, counties, and districts of 84.28 capital equipment. 84.29 Sec. 47. Minnesota Statutes 1994, section 473.8441, 84.30 subdivision 2, is amended to read: 84.31 Subd. 2. [PROGRAM.] The councildirector shall encourage 84.32 the development of permanent local recycling programs throughout 84.33 the metropolitan area. By January 1, 1988, the council shall84.34 develop performance indicators for local recycling that will84.35 measure the availability and use of recycling throughout the84.36 metropolitan area.The councildirector shall make grants to 85.1 qualifying metropolitan counties as provided in this section. 85.2 Sec. 48. Minnesota Statutes 1994, section 473.8441, 85.3 subdivision 4, is amended to read: 85.4 Subd. 4. [GRANT CONDITIONS.] The councildirector shall 85.5 administer grants so that the following conditions are met: 85.6 (a) A county must apply for a grant in the manner 85.7 determined by the councildirector. The application must 85.8 describe the activities for which the grant will be used. 85.9 (b) The activities funded must be consistent with the 85.10 council'smetropolitan policy plan and the county master plan. 85.11 (c) A grant must be matched by equal county expenditures 85.12 for the activities for which the grant is made. 85.13 (d) All grant funds must be used for new activities or to 85.14 enhance or increase the effectiveness of existing activities in 85.15 the county. 85.16 (e) Counties shall provide support to maintain effective 85.17 municipal recycling where it is already established. 85.18 Sec. 49. Minnesota Statutes 1994, section 473.8441, 85.19 subdivision 5, is amended to read: 85.20 Subd. 5. [GRANT ALLOCATION PROCEDURE.] (a) The council85.21 director shall distribute the funds annually so that each 85.22 qualifying county receives an equal share of 50 percent of 85.23 the council'sallocation to the program described in this 85.24 section, plus a proportionate share of the remaining funds 85.25 available for the program. A county's proportionate share is an 85.26 amount that has the same proportion to the total remaining funds 85.27 as the number of households in the county has to the total 85.28 number of households in all metropolitan counties. 85.29 (b) To qualify for distribution of funds, a county, by 85.30 April 1 of each year, must submit for councilto the director 85.31 for approval a report on expenditures and activities under the 85.32 program during the preceding fiscal year and any proposed 85.33 changes in its recycling implementation strategy or performance 85.34 funding system. The report shall be included in the county 85.35 report required by section 473.803, subdivision 3. 85.36 Sec. 50. Minnesota Statutes 1994, section 473.845, 86.1 subdivision 4, is amended to read: 86.2 Subd. 4. [EXPENDITURE NOTIFICATION.] The commissioner 86.3 shall notify the chairdirector of the office and the director 86.4 of the legislative commission on waste management before making 86.5 expenditures from the fund. 86.6 Sec. 51. Minnesota Statutes 1994, section 473.848, 86.7 subdivision 2, is amended to read: 86.8 Subd. 2. [COUNTY CERTIFICATION; COUNCILOFFICE APPROVAL.] 86.9 (a) By April 1 of each year, each county shall submit an annual 86.10 certification report to the counciloffice detailing: 86.11 (1) the quantity of waste generated in the county that was 86.12 not processed prior to transfer to a disposal facility during 86.13 the year preceding the report; 86.14 (2) the reasons the waste was not processed; 86.15 (3) a strategy for development of techniques to ensure 86.16 processing of waste including a specific timeline for 86.17 implementation of those techniques; and 86.18 (4) any progress made by the county in reducing the amount 86.19 of unprocessed waste. 86.20 The report shall be included in the county report required 86.21 by section 473.803, subdivision 3. 86.22 (b) The counciloffice shall approve a county's 86.23 certification report if it determines that the county is 86.24 reducing and will continue to reduce the amount of unprocessed 86.25 waste, based on the report and the county's progress in 86.26 development and implementation of techniques to reduce the 86.27 amount of unprocessed waste transferred to disposal facilities. 86.28 If the counciloffice does not approve a county's report, it 86.29 shall negotiate with the county to develop and implement 86.30 specific techniques to reduce unprocessed waste. If the council86.31 office does not approve two or more consecutive reports from any 86.32 one county, the counciloffice shall develop specific reduction 86.33 techniques that are designed for the particular needs of the 86.34 county. The county shall implement those techniques by specific 86.35 dates to be determined by the counciloffice. 86.36 Sec. 52. Minnesota Statutes 1994, section 473.848, 87.1 subdivision 4, is amended to read: 87.2 Subd. 4. [ COUNCILOFFICE REPORT.] The counciloffice shall 87.3 include, as part of its report to the legislative commission on 87.4 waste management required under section 473.149, an accounting 87.5 of the quantity of unprocessed waste transferred to disposal 87.6 facilities, the reasons the waste was not processed, a strategy 87.7 for reducing the amount of unprocessed waste, and progress made 87.8 by counties to reduce the amount of unprocessed waste. The 87.9 counciloffice may adopt standards for determining when waste is 87.10 unprocessible and procedures for expediting certification and 87.11 reporting of unprocessed waste. 87.12 Sec. 53. [APPLICATION.] 87.13 Sections 24 to 52 apply in the counties of Anoka, Carver, 87.14 Dakota, Hennepin, Ramsey, Scott, and Washington. 87.15 Sec. 54. [INSTRUCTION TO REVISOR.] 87.16 The revisor shall substitute the term "office of 87.17 environmental assistance" for the term "office of waste 87.18 management" in Minnesota Statutes, sections 15A.081, 41A.066, 87.19 43A.08, 115B.20, 116.07, 116.101, 116.99, and 477A.012. 87.20 Sec. 55. [REPEALER.] 87.21 Minnesota Statutes 1994, sections 115A.47; 115A.81, 87.22 subdivision 3; 115A.90, subdivision 3; 383D.71, subdivision 2; 87.23 473.149, subdivision 5; and 473.181, subdivision 4, are repealed. 87.24 Sec. 56. [EFFECTIVE DATE.] 87.25 Sections 1 to 53 and 55 are effective on the day following 87.26 final enactment.