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 technical 
  3.16  assistance to formal and informal education facilities to 
  3.17  develop and implement a model program to incorporate waste 
  3.18  reduction, recycling, litter prevention, and proper management 
  3.19  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 element elements 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 not 
  4.33  be eligible to request review under clause (a) for a sewage 
  4.34  sludge disposal facility.  The metropolitan waste control 
  4.35  commission shall not be eligible to request review under clause 
  4.36  (a) for a solid waste facility with a proposed permitted life of 
  5.1   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 the 
  5.15  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-numbered odd-numbered year and may shall 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 management 
  5.30  policies, goals, and objectives, including their statutory, 
  5.31  administrative, and regulatory basis and the state agencies and 
  5.32  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 anticipated 
  6.2   for the future, the manner in which the waste is likely to be 
  6.3   managed, and the programs and facilities that will be available 
  6.4   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 political 
  7.15  subdivision public 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 subdivision public 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 clauses 
 10.30  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 clauses 
 10.33  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, 30 35 
 11.8   percent by weight of total solid waste generation; 
 11.9      (2) for a metropolitan county, 45 50 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 them 
 11.18  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 counties 
 12.9   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.  The 
 12.15  metropolitan council shall report to the legislative commission 
 12.16  on waste management on the progress of the counties by July 1 of 
 12.17  each year.  If the director or the council finds 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 years The progress report may shall be 
 12.25  included in the solid waste management policy report required 
 12.26  under section 115A.411.  The metropolitan council's progress 
 12.27  report shall be included in the report required by section 
 12.28  473.149. 
 12.29     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 plan recycling implementation strategy for 
 12.35  implementing meeting the recycling goal established in 
 12.36  subdivision 2 2a 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 detailed 
 13.4   recycling implementation information to form the basis for the 
 13.5   strategy required in subdivision 7.  
 13.6      (b) Each county required to submit its plan to the director 
 13.7   under section 115A.46 shall amend its plan to comply with this 
 13.8   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 one 
 13.12  year of approval of the portion of the plan required in 
 13.13  subdivision 6, Each nonmetropolitan county shall submit to the 
 13.14  director for approval a local the recycling implementation 
 13.15  strategy required in subdivision 6.  The local recycling 
 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  and 
 13.24     (3) define the need for funds to ensure continuation of 
 13.25  local recycling, methods of raising and allocating such funds, 
 13.26  and permanent sources and levels of local funding for recycling 
 13.27  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, subdivision 
 14.19  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 years The report may shall be 
 15.4   included in the solid waste management policy report 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 volume weight 
 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 volume weight 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 volume weight 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 volume weight 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 volume 
 17.3   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 both the 
 17.20  approximate percentage of waste deposited at each of the two 
 17.21  primary facility at which the collector most often deposits 
 17.22  waste facilities 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 or between 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 establishing 
 19.28  permanent collection sites to the legislative commission on 
 19.29  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, 1995 1996, "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, 1997 
 20.18  1998, if the manufacturer of the item submits submitted 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, 1997 1998, 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, 1997 1998, 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, 1997 1998, 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 specific 
 23.1   technologies and methods to prevent develop 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-thirds 
 23.6   three-quarters of the total cost of the project.  Grant money 
 23.7   awarded under this section may not be spent for capital 
 23.8   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 techniques 
 23.14  or processes that will minimize 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 implement 
 23.20  feasible methods and technologies developed under the grant; 
 23.21     (5) the willingness of the grant applicant to assist the 
 23.22  director in disseminating information about the pollution 
 23.23  prevention methods to be developed through the project; and 
 23.24     (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 may 
 23.30  administer the program under the procedures established in rules 
 23.31  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, 1995 January 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 years by 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 the each 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 for 
 28.32  counties in the metropolitan area and by the agency for counties 
 28.33  outside the metropolitan area office 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 director commissioner 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 may 
 35.32  proceed on 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 shall may conduct environmental 
 37.21  assessments at a representative group of motor vehicle salvage 
 37.22  facilities to determine the extent and magnitude of any 
 37.23  contamination and environmental impacts, develop criteria, and 
 37.24  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 day 
 37.30  that the repeal of section 115A.908 is effective June 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 7005.1190 7023.0120, 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 DISPOSAL MANAGEMENT 
 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, or other 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, or other 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 adopt 
 41.31  as part of its development guide a director of the office of 
 41.32  environmental assistance may revise the metropolitan long range 
 41.33  policy plan for solid waste management in the metropolitan 
 41.34  area.  When adopted, 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 policy 
 42.6   statements, purposes, goals, standards, maps and plans in 
 42.7   development guide sections and plans adopted by the council, 
 42.8   provided that no land shall be thereby excluded from 
 42.9   consideration as a solid waste facility site except land 
 42.10  determined by the agency to be intrinsically unsuitable for such 
 42.11  use follow 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 extent 
 42.16  appropriate, statements and information similar to that required 
 42.17  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 developing revising the plan, the 
 42.34  council director 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) After 
 43.15  considering any county land disposal abatement proposals and 
 43.16  waste stream analysis that have been submitted under section 
 43.17  473.803, subdivision 1b, The council director shall amend 
 43.18  its include in the policy plan to include specific 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 increments 
 43.25  through the year 1990 and thereafter in five-year six-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's 
 43.29  abatement objectives, needed for the disposal of various types 
 43.30  of waste in each five-year six-year increment and the general 
 43.31  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 annual 
 43.36  increments through the year 1990 and in five-year six-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's metropolitan abatement objectives.  The council's plan 
 44.5   must include standards and procedures to be used by the council 
 44.6   director in determining whether a metropolitan county has 
 44.7   implemented the council's metropolitan 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 DEVELOPMENT 
 44.12  SCHEDULE CAPACITY NEEDS.] (a) After requesting and considering 
 44.13  recommendations from the counties, cities, and towns, 
 44.14  the council director as part of its the policy plan shall 
 44.15  determine the number of sites and the capacity of sites needed 
 44.16  within to serve the metropolitan area for disposal of solid 
 44.17  waste disposal facilities. 
 44.18     (b) The council shall adopt a schedule of disposal capacity 
 44.19  to be developed within the metropolitan area, including 
 44.20  residuals and ash, in five-year six-year increments for a period 
 44.21  of at least 20 years from adoption of development schedule 
 44.22  policy plan revisions.  In making the schedule may not allow 
 44.23  capacity in excess of determination, the director must take into 
 44.24  account the council's reduced estimate of the disposal capacity 
 44.25  needed because of the council's land disposal abatement plan. 
 44.26     (c) The council shall make the implementation of elements 
 44.27  of the schedule contingent on actions of each county in adopting 
 44.28  and implementing abatement plans pursuant to section 473.803, 
 44.29  subdivision 1b.  The council may review the development schedule 
 44.30  every year and revise the development schedule based on the 
 44.31  progress made in the implementation of the council's abatement 
 44.32  plans and achievement of metropolitan and local abatement 
 44.33  objectives.  The council shall review and revise, by resolution 
 44.34  following public hearing, the development schedule based on 
 44.35  significant changes in the landfill capacity of the metropolitan 
 44.36  area.  The schedule must include procedures and criteria for 
 45.1   making revisions.  
 45.2      (d) The schedule director's determination must include 
 45.3   standards and procedures for council certification of need 
 45.4   pursuant to section 473.823.  The schedule must also include a 
 45.5   closure schedule and plans for postclosure management and 
 45.6   disposition of facilities, including facilities in existence 
 45.7   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 amended revised 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 plan 
 45.15  adopted by the council shall remain in force and effect while 
 45.16  new or amended plans are being prepared and adopted by the 
 45.17  council.  No 
 45.18     (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's plan 
 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 council director 
 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's plan.  The report 
 47.15  must recommend any legislation that may be required to implement 
 47.16  the plan.  The report shall include the reports be included in 
 47.17  the report required by sections 115A.551, subdivision 4; 
 47.18  473.846; and 473.848, subdivision 4 section 115A.411.  If in any 
 47.19  year the council director reports that the objectives of the 
 47.20  council's abatement plan have not been met, the council director 
 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 year must 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's metropolitan land disposal 
 48.2   abatement plan adopted under section 473.149, subdivision 2d, 
 48.3   and shall submit the revised master plan to the council director 
 48.4   for review under subdivision 2 within nine months after the 
 48.5   adoption of the council's metropolitan 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's metropolitan abatement plan.  The county abatement 
 48.9   plan must include specific and quantifiable county objectives, 
 48.10  based on the council's objectives 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 the 
 48.15  date specified in section 473.848 and in two five-year six-year 
 48.16  increments thereafter for 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 annual 
 48.23  increments through the date specified in section 473.848 and in 
 48.24  two five-year six-year increments thereafter for 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.  [COUNCIL DIRECTOR REVIEW.] The council director 
 49.2   shall review each master plan or revision thereof to determine 
 49.3   whether it is consistent with the council's metropolitan policy 
 49.4   plan.  If it is not consistent, the council director 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 council the director's 
 49.8   approval.  Any county solid waste plan or report approved by the 
 49.9   council prior to April 9, 1976 July 1, 1994, shall remain in 
 49.10  effect until a new master plan is submitted to and approved by 
 49.11  the council director in accordance with this section. 
 49.12     The council director 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's solid 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 metropolitan 
 49.30  council The 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 volume 
 51.4   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 council director 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 council the 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 council director shall report on expenditures during the 
 51.21  previous calendar year and must incorporate its report in the 
 51.22  report required by section 473.149 115A.411, due July 1 of 
 51.23  each odd-numbered year.  The council director 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 July August 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 metropolitan 
 56.2   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 metropolitan 
 57.33  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, and 
 58.19  metropolitan council relating 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 council relating 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 the 
 59.6   metropolitan council the 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 of 
 59.22  waste management and 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 waste 
 60.3   management and 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 management may 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 office director 
 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 473 director 
 61.6   pursuant to section 473.149.  The office and the metropolitan 
 61.7   council director 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 council shall 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 and 
 61.17  metropolitan council shall provide model plans for regional and 
 61.18  local solid waste management.  The director and metropolitan 
 61.19  council may 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 the 
 62.11  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 metropolitan 
 62.16  council shall 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 council shall 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 each conduct an annual 
 62.33  solid waste composition study studies in the nonmetropolitan and 
 62.34  metropolitan areas respectively or 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 the 
 63.2   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 council staff 
 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 council finds 
 64.6   that a county will be unable to meet the recycling goals 
 64.7   established in subdivisions 2 and 2a, the director or council 
 64.8   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 council to 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 the 
 64.32  metropolitan council.  The council shall not approve a district 
 64.33  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 the 
 65.8   metropolitan area defined in section 473.121 shall submit its 
 65.9   designation plan to the metropolitan council for review and 
 65.10  approval or disapproval.  Other districts or counties shall 
 65.11  submit the designation plan to the director for review and 
 65.12  approval or disapproval.  
 65.13     (b) The reviewing authority director shall complete its the 
 65.14  review and make its a decision within 120 days following 
 65.15  submission of the plan for review.  The reviewing authority 
 65.16  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 authority 
 65.19  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 authority director may attach conditions 
 65.22  to its the 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 whose 
 65.30  designation applies wholly within the metropolitan area defined 
 65.31  in section 473.121 shall submit the designation ordinance, 
 65.32  together with any negotiated contracts assuring the delivery of 
 65.33  solid waste, to the metropolitan council for review and approval 
 65.34  or disapproval.  Other districts or counties shall 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 management by 
 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 the 
 66.31  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 propose 
 66.35  statewide goals and timetables for the reduction of the 
 66.36  noncombustible fraction of mixed municipal solid waste prior to 
 67.1   incineration or processing into refuse-derived fuel and for the 
 67.2   reduction of the toxicity of the incinerator ash.  By January 1, 
 67.3   1990, the director shall report to the legislative commission on 
 67.4   waste management on the proposal goals and timetables with 
 67.5   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 metropolitan 
 67.16  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 council director shall 
 68.25  establish an advisory committee to aid in the preparation of the 
 68.26  policy plan, the performance of the council's director's 
 68.27  responsibilities under subdivisions 2 to 2d 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 council 
 68.31  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 waste 
 68.36  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 council under 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, section 
 70.4   45 473.849, 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  council director 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 management a 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 waste metropolitan 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 its the 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's metropolitan 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 council director may 
 72.12  require any county that fails to meet the waste abatement 
 72.13  objectives contained in the council's metropolitan 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 council 
 72.16  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 council 
 73.2   director for its approval a report containing information, as 
 73.3   the council may prescribe prescribed in its the 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's metropolitan 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 of in the council and 
 73.29  the county as expressed in the metropolitan solid waste 
 73.30  management policy 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's 
 74.10  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 council and the approved county master plan as 
 74.24  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 by 
 75.12  the council under 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  council director certifies need under section 473.823, 
 75.18  subdivision 6.  With the approval of the council director, 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's director's 
 75.24  decision under section 473.823, subdivision 5, except that, with 
 75.25  the approval of the council director, 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 council director of an 
 76.22  ordinance adopted under this subdivision.  The council director 
 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 council 
 77.2   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 management under 
 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 metropolitan 
 78.10  council director 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 council director 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 council director for review and approval.  The 
 78.22  council director shall approve the proposed contract if it the 
 78.23  director determines that the contract is consistent with 
 78.24  the council's metropolitan policy plan, permits issued under 
 78.25  section 473.823, and county reports or approved master plans 
 78.26  approved by the council.  The council director may 
 78.27  consolidate its the review of contracts submitted under this 
 78.28  section with its the 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 council 
 78.36  to its director 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 waste policy 
 79.14  plan.  The metropolitan council director shall determine whether 
 79.15  a permit is in accordance with the policy plan.  In making its 
 79.16  this determination, the council director 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 its the 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 council director determines that a permit is in 
 79.24  accordance with its the policy plan, the council director shall 
 79.25  approve the permit.  If the council director determines that a 
 79.26  permit is not in accordance with its the policy plan, it the 
 79.27  director shall disapprove the permit.  The council's Approval of 
 79.28  permits may be subject to conditions the director determines are 
 79.29  necessary to satisfy criteria and standards in its the 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 the 
 79.36  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 council director 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 council director, unless a time 
 80.6   extension is authorized by the agency, the council director 
 80.7   shall issue to the agency in writing its a determination whether 
 80.8   the permit is disapproved, approved, or approved with 
 80.9   conditions.  If the council director does not issue its a 
 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's policy 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 council director 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 council director in accordance 
 80.31  with the review process established by this subdivision.  A 
 80.32  county requesting review by the council shall 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's 
 80.36  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 council director shall meet to commence the review 
 81.9   within 90 days of the submission of a request determined by 
 81.10  the council director to satisfy the requirements for review 
 81.11  under this subdivision.  At the meeting Upon commencing the 
 81.12  review the chair director shall recommend and the council 
 81.13  establish a scope and procedure, including criteria, for its the 
 81.14  review and final decision on the proposed facility.  The 
 81.15  procedure shall require the council director 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 council director shall meet to commence 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 council director 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's scope, 
 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's scope, 
 81.33  procedure, and criteria for review are available for review and 
 81.34  where copies may be obtained. 
 81.35     (d) In its the review and final decision on the proposed 
 81.36  facility, the council director 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's policy 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 council 
 82.23  director may either approve or disapprove the proposed facility 
 82.24  at the proposed site.  The council's approval shall embody all 
 82.25  terms, conditions, and requirements of the permitting state 
 82.26  agencies, provided that the council director 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 council director indicating the council's a 
 82.36  determination that the additional disposal capacity planned for 
 83.1   the facility is needed in the metropolitan area.  The council 
 83.2   director shall amend its the 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's metropolitan disposal abatement plan 
 83.7   adopted pursuant to section 473.149, subdivision 2d, 
 83.8   the council's solid 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 council under section 473.803, subdivision 2, 
 83.12  and that are consistent with the council's abatement plan and 
 83.13  development schedule.  The council director 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 council director 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 council director.  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 council director 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 council director 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 council director shall encourage 
 84.32  the development of permanent local recycling programs throughout 
 84.33  the metropolitan area.  By January 1, 1988, the council shall 
 84.34  develop performance indicators for local recycling that will 
 84.35  measure the availability and use of recycling throughout the 
 84.36  metropolitan area.  The council director 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 council director 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 council director.  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's metropolitan 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 council 
 85.21  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's allocation 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 council to 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 chair director 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; COUNCIL OFFICE APPROVAL.] 
 86.9   (a) By April 1 of each year, each county shall submit an annual 
 86.10  certification report to the council office 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 council office 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 council office 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 council 
 86.31  office does not approve two or more consecutive reports from any 
 86.32  one county, the council office 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 council office. 
 86.36     Sec. 52.  Minnesota Statutes 1994, section 473.848, 
 87.1   subdivision 4, is amended to read: 
 87.2      Subd. 4.  [COUNCIL OFFICE REPORT.] The council office 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   council office 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.