Office of the Revisor of Statutes
Minnesota Session Laws - 1983, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1983
CHAPTER 373--S.F.No. 1012
An act relating to waste management; amending the
Waste Management Act of 1980; providing for the
evaluation of bedrock disposal of hazardous waste;
changing various definitions; adding definitions;
altering various provisions, procedures, and
requirements relating to the duties and authorities of
the waste management board, pollution control agency,
metropolitan agencies, counties, and waste management
districts; changing various dates and deadlines;
altering environmental review procedures for waste
facilities; providing criminal and civil penalties for
violations; requiring various reports from the
pollution control agency; authorizing issuance of
bonds by Washington and Ramsey counties for a solid
waste facility; providing additional solid waste
management authority to the city of Austin; amending
Minnesota Statutes 1982, sections 115.071,
subdivisions 2 and 3, and by adding subdivisions;
115A.03, subdivision 10, and by adding a subdivision;
115A.05, subdivisions 2 and 3; 115A.06, subdivision 4;
115A.08, subdivisions 4, 5, 5a, and 6; 115A.10;
115A.11, subdivisions 1 and 2; 115A.21; 115A.22,
subdivisions 1, 3, 4, 6, and 7; 115A.24, subdivision
1; 115A.25, subdivisions 1, 2, 3, and by adding
subdivisions; 115A.26; 115A.27, subdivision 2;
115A.28, subdivisions 1, 2, and 3; 115A.30; 115A.54,
subdivision 2; 115A.67; 115A.70, subdivision 3, and by
adding a subdivision; 116.06, subdivision 13, and by
adding a subdivision; 116.07, subdivision 4, and by
adding a subdivision; 473.149, subdivisions 2b, 2c,
2d, 2e, and 4; 473.153, subdivisions 2, 5, 6, 6b, and
by adding subdivisions; 473.803, subdivisions 1a and
1b; 473.811, subdivision 1a; 473.823, subdivision 6;
473.831; 473.833, subdivisions 2a, 3, 7, and by adding
a subdivision; amending Laws 1980, chapter 449,
section 3; proposing new law coded in chapters 115A
and 473; repealing Minnesota Statutes 1982, sections
115A.23; 115A.27, subdivision 1; 116.07, subdivision
4c; and 116.41, subdivisions 1 and 1a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1982, section 115.071,
subdivision 2, is amended to read:
Subd. 2. [CRIMINAL PENALTIES.] (a) [VIOLATIONS OF LAWS;
ORDERS; PERMITS.] (1) Except as provided in sections 2 and 3,
any person who willfully or negligently violates any provision
of chapters 115 or 116, or any standard, regulation, variance,
order, stipulation agreement, schedule of compliance or permit
issued or adopted by the agency thereunder, which violation is
not included in clause (2), shall upon conviction be guilty of a
misdemeanor.
(2) Any person who willfully or negligently violates any
effluent standard and limitation or water quality standard
adopted by the agency, any National Pollutant Discharge
Elimination System permit or any term or condition thereof, any
duty to permit or carry out any recording, reporting,
monitoring, sampling, information entry, access, copying, or
other inspection or investigation requirement as provided under
applicable provisions of this chapter and, with respect to the
pollution of waters of the state, chapter 116, or any National
Pollutant Discharge Elimination System filing requirement, shall
upon conviction be punished by a fine of not less than $2,500 in
the event of a willful violation or not less than $300 in the
event of a negligent violation. In any case the penalty shall
not be more than $25,000 per day of violation or by imprisonment
for not more than one year, or both. If the conviction is for
conduct committed after a first conviction of such person under
this subdivision, punishment shall be by fine of not more than
$50,000 per day of violation, or by imprisonment for not more
than two years, or both.
(b) [INFORMATION AND MONITORING.] Any person who knowingly
makes any false statement, representation, or certification in
any application, record, report, plan, or other document filed
or required to be maintained under this chapter and, with
respect to the pollution of the waters of the state, chapter
116, or standards, regulations, orders, stipulation agreements,
schedule of compliance or permits pursuant hereto, or who
falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required to be maintained under this
chapter and, with respect to the pollution of waters of the
state, chapter 116, or standards, regulations, variances,
orders, stipulation agreements, schedules of compliance, or
permits pursuant thereto, shall upon conviction, be punished by
a fine of not more than $10,000 per day of violation, or by
imprisonment for not more than six months, or both.
(c) [DUTY OF LAW ENFORCEMENT OFFICIALS.] It shall be the
duty of all county attorneys, sheriffs and other peace officers,
and other officers having authority in the enforcement of the
general criminal laws to take all action to the extent of their
authority, respectively, that may be necessary or proper for the
enforcement of said provisions, regulations, standards, orders,
stipulation agreements, variances, schedule of compliance, or
permits.
Sec. 2. Minnesota Statutes 1982, section 115.071, is
amended by adding a subdivision to read:
Subd. 2a. [HAZARDOUS WASTE; CRIMINAL PENALTIES.] A person
shall be punished by a fine of not more than $25,000 per day of
violation or by imprisonment of not more than one year, or both,
upon conviction of any of the following offenses:
(a) willfully or negligently violating any provision
relating to hazardous waste of chapter 115 or 116, or any
standard, rule, variance, order, stipulation agreement, schedule
of compliance, permit, or term or condition of a permit issued
or adopted by the agency under such a provision;
(b) willfully or negligently violating any duty to permit
or carry out any recording, reporting, monitoring, sampling,
information entry, access, copying or other inspection or
investigation requirement as provided under any provision
relating to hazardous waste of chapter 115 or 116, or any
standard, rule, variance, order, stipulation agreement, schedule
of compliance or permit issued or adopted by the agency under
such a provision; or
(c) knowingly making any false material statement,
representation or certification in any application, label,
manifest, record, report, plan, permit or other document, or
knowingly destroying, altering, or concealing any document,
filed or required to be maintained with respect to hazardous
waste under any provision of chapter 115 or 116, or under any
standard, rule, order, stipulation agreement, schedule of
compliance or permit issued or adopted by the agency under such
a provision.
If the conviction is for conduct committed after a first
conviction of the person under this subdivision, punishment
shall be by a fine of not more than $50,000 per day of violation
or by imprisonment of not more than two years, or both.
Sec. 3. Minnesota Statutes 1982, section 115.071, is
amended by adding a subdivision to read:
Subd. 2b. [HAZARDOUS WASTE; UNLAWFUL DISPOSAL; CRIMINAL
PENALTIES.] Any person who knowingly, or with reason to know,
disposes of hazardous waste in a manner contrary to any
provision of chapter 115 or 116, or any standard or rule adopted
in accordance with those chapters relating to disposal, is
guilty of a felony. Punishment shall be by a fine of not more
than $25,000 per day of violation or by imprisonment for not
more than five years, or both.
For the purposes of this subdivision, the terms defined in
this clause have the meanings given them.
(a) "Disposal" has the meaning given it in section 115A.03,
subdivision 9.
(b) "Hazardous waste" has the meaning given it in section
116.06, subdivision 13.
Sec. 4. Minnesota Statutes 1982, section 115.071,
subdivision 3, is amended to read:
Subd. 3. [CIVIL PENALTIES.] Any person who violates any
provision of chapters 115 or 116, except any provisions of
chapter 116 relating to air and land pollution caused by
agricultural operations which do not involve National Pollutant
Discharge Elimination System permits, or of (1) any effluent
standards and limitations or water quality standards, (2) any
National Pollutant Discharge Elimination System permit or term
or condition thereof, (3) any National Pollutant Discharge
Elimination System filing requirements, (4) any duty to permit
or carry out inspection, entry or monitoring activities, or (5)
any rules, regulations, stipulation agreements, variances,
schedules of compliance, or orders issued by the agency, shall
forfeit and pay to the state a penalty, in an amount to be
determined by the court, of not more than $10,000 per day of
violation except that if the violation relates to hazardous
waste the person shall forfeit and pay to the state a penalty,
in an amount to be determined by the court, of not more than
$25,000 per day of violation.
In addition, in the discretion of the court, the defendant
may be required to:
(a) forfeit and pay to the state a sum which will
adequately compensate the state for the reasonable value of
cleanup and other expenses directly resulting from unauthorized
discharge of pollutants, whether or not accidental;
(b) forfeit and pay to the state an additional sum to
constitute just compensation for any loss or destruction to
wildlife, fish or other aquatic life and for other actual
damages to the state caused by an unauthorized discharge of
pollutants.
As a defense to any of said damages, the defendant may
prove that the violation was caused solely by (1) an act of God,
(2) an act of war, (3) negligence on the part of the state of
Minnesota, or (4) an act or failure to act which constitutes
sabotage or vandalism, or any combination of the foregoing
clauses.
The civil penalties and damages provided for in this
subdivision may be recovered by a civil action brought by the
attorney general in the name of the state.
Sec. 5. Minnesota Statutes 1982, section 115A.03,
subdivision 10, is amended to read:
Subd. 10. "Disposal facility" means a waste facility
permitted by the agency that is designed or operated for the
purpose of disposing of waste on or in the land, together with
any appurtenant facilities needed to process waste for disposal
or transfer to another waste facility.
Sec. 6. Minnesota Statutes 1982, section 115A.03, is
amended by adding a subdivision to read:
Subd. 28a. "Retrievable storage" means a method of
disposal whereby wastes are placed in a facility established
pursuant to sections 115A.18 to 115A.30 for an indeterminate
period in a manner designed to allow the removal of the waste at
a later time.
Sec. 7. Minnesota Statutes 1982, section 115A.05,
subdivision 2, is amended to read:
Subd. 2. [PERMANENT MEMBERS.] Eight of the permanent
members of the board shall be appointed by the governor, with
the advice and consent of the senate, to represent diverse areas
and interests within the state. One member shall be appointed
from each congressional district in accordance with boundaries
existing on January 1, 1980. The term of office and
compensation of the eight members thus appointed, and the manner
of removal and filling of vacancies, shall be as provided in
section 15.0575, except that the initial term of all members
shall be four years extend until 90 days after the board makes
the decisions required by section 115A.28 and the rate of
compensation shall be $50 per day spent on board activities.
The ninth permanent member of the board shall be the chairperson
who shall be appointed by the governor with the advice and
consent of the senate. The chairperson shall serve at the
pleasure of the governor for a term coterminous with that of the
governor, except that the initial term of the chairperson shall
be four years extend until 90 days after the board makes the
decisions required by section 115A.28. The chairperson shall be
the executive and operating officer of the board and shall
determine the time and place of meetings, preside at meetings,
appoint all board officers and hire and supervise all employees
subject to the approval of the board, carry out the policy
decisions of the board, and perform all other duties and
functions assigned to him by the board or by law. No permanent
member of the board shall hold other elected or appointed public
office.
Sec. 8. Minnesota Statutes 1982, section 115A.05,
subdivision 3, is amended to read:
Subd. 3. [TEMPORARY MEMBERS.] For the purposes of each
project review conducted by the board under sections 115A.18 to
115A.30 and 115A.32 to 115A.39 and for the purpose of preparing
and adopting the hazardous waste management plan under section
115A.11 and making decisions on the elements of the
certification of need for disposal required under sections
115A.18 to 115A.30, six Local representatives shall be added to
the board as temporary voting members, as provided in sections
17; 115A.22, subdivision 4,; and 115A.34. The provisions of
section 15.0575, subdivisions 3 and 4 relating to compensation,
removal, and vacancy shall apply to temporary members except
that the rate of compensation shall be $50 per day spent on
board activities and that appointments by the governor to fill
vacancies shall take effect in the same manner as the original
appointment.
Sec. 9. Minnesota Statutes 1982, section 115A.06,
subdivision 4, is amended to read:
Subd. 4. [ACQUISITION OF SITES FOR HAZARDOUS WASTE
FACILITIES.] The board may direct the commissioner of
administration to acquire by purchase, lease, condemnation,
gift, or grant, any permanent or temporary right, title, and
interest in and to real property, including positive and
negative easements and water, air, and development rights, for
sites and buffer areas surrounding sites for hazardous waste
facilities approved by the board pursuant to sections 115A.18 to
115A.30 and 115A.32 to 115A.39. The board may also direct the
commissioner of administration to acquire by purchase, lease,
gift, or grant, development rights for sites and buffer areas
surrounding sites for all or part of the period that the
development moratorium limitations imposed by section 115A.21,
subdivision 3, is are in effect. Money for the acquisition of
any real property and interest in real property pursuant to this
subdivision shall come from the issuance of state waste
management bonds in accordance with sections 115A.57 to
115A.59. The property shall be leased in accordance with terms
determined by the board to the owner and operator of the
hazardous waste facility located thereon at a rate sufficient to
pay debt service on the bonds which provided funds used to
acquire the property and to evaluate the eligibility of the
property for inclusion in the inventory under section 115A.09 or
candidacy under sections 115A.18 to 115A.30. Any local
government unit and the commissioners of transportation, natural
resources, and administration may convey or allow the use of any
property for such sites and areas, subject to the rights of the
holders of any bonds issued with respect thereto, with or
without compensation and without an election or approval by any
other government agency. Land owned by the state may be
exchanged for land not owned by the state for the purpose of
providing a site and buffer area for a commercial hazardous
waste facility, in accordance with the provisions of section
94.341 to 94.347 and other law. The commissioner of
administration may hold the property for the purposes for which
it was acquired, and may lease, rent, or dispose of the property
so far as not needed for such purposes, upon the terms and in
the manner the commissioner deems advisable. The right to
acquire lands and property rights by condemnation shall be
exercised in accordance with chapter 117. The commissioner of
administration may take possession of any property for which
condemnation proceedings have been commenced at any time after
the issuance of a court order appointing commissioners for its
condemnation. Where the property is acquired through eminent
domain proceedings, the land owner's compensation shall be the
fair market value of the property. Where the property is
acquired by means other than through eminent domain proceedings,
as by direct purchase or gift, the land owner's compensation
shall be determined by the agreement of the parties involved.
An award of compensation in a condemnation proceeding shall not
be increased or decreased by reason of any increase or decrease
in the value of the property caused by its designation in the
inventory of preferred areas under section 115A.09 or as a
candidate site under sections 115A.18 to 115A.30 or its
selection as a site or buffer area.
Sec. 10. Minnesota Statutes 1982, section 115A.08,
subdivision 4, is amended to read:
Subd. 4. [REPORT ON HAZARDOUS WASTE MANAGEMENT; DRAFT
MANAGEMENT PLAN AND CERTIFICATION OF NEED.] By August 15, 1982
November 1, 1983, the board through its chairperson shall issue
a report to the legislative commission on hazardous waste
management. The report shall include at least:
(a) an evaluation of alternative disposal facilities,
disposal facility technologies, and disposal facility design and
operating specifications and an explanation of the preliminary
design and operating specifications for disposal facilities
selected for consideration under section 115A.23;
(b) an evaluation of prospects, strategies, and methods for
developing commercial hazardous waste disposal facilities of
various types, sizes, and functions;
(c) an evaluation of all feasible and prudent alternatives
to disposal, including waste reduction, separation,
pretreatment, processing, and resource recovery, and the
potential of the alternatives to reduce the need for and
practice of disposal;
(d) an evaluation of feasible and prudent disposal
abatement objectives, along with a description of hazardous
waste management methods and technologies, private and
government actions, facilities and services, development
schedules, revenue-raising measures, and levels of public and
private expenditure and effort necessary to the achievement of
those objectives;
(e) an evaluation of implementation strategies, including
at least:
(1) waste reduction, on-site processing, and off-site
management by generators;
(2) changes and improvements in regulation, licensing,
permitting, and enforcement;
(3) government tax and financing programs to encourage
proper waste management;
(4) institutional alternatives, such as generator
associations, cooperatives, franchises, public ownership, and
flow control districts;
(5) promotion of private investment;
(6) interstate cooperation;
(f) an evaluation of the possibilities for negotiating
long-term contracts with other states or with facilities in
other states for disposal or processing of hazardous waste from
Minnesota.
The report shall analyze the environmental, social, and
economic effects of the alternatives and methods by which
unavoidable adverse effects could be mitigated.
The report shall include a draft hazardous waste management
plan, based on the analysis in the report and proposed for
adoption pursuant to section 115A.11, and a draft certificate or
certificates of need proposed for issuance under section 115A.24.
Sec. 11. Minnesota Statutes 1982, section 115A.08,
subdivision 5, is amended to read:
Subd. 5. [REPORT ON MITIGATION OF LOCAL EFFECTS OF
HAZARDOUS WASTE FACILITIES.] By August 15, 1982 With the report
required by subdivision 4, the board through its chairperson
shall issue a report and make recommendations to the legislative
commission on methods of mitigating and compensating for the
local risks, costs, and other adverse effects of various types
of hazardous waste facilities and on methods of financing
mitigation and compensation measures. The methods of mitigating
and compensating to be considered shall include but not be
limited to the following: payment outside of levy limitations
in lieu of taxes for all property taken off the tax rolls;
preference in reviews of applications for federal funds
conducted by the metropolitan council and regional development
commissions; payment of all costs to service the facilities
including the cost of roads, monitoring, inspection,
enforcement, police and fire, and litter clean up costs; payment
for buffer zone amenities and improvement; local control over
buffer zone design; a guarantee against any and all liability
that may occur.
Sec. 12. Minnesota Statutes 1982, section 115A.08,
subdivision 5a, is amended to read:
Subd. 5a. [REPORT ON ASSURANCE OF SECURITY OF HAZARDOUS
WASTE FACILITIES.] With the report required by subdivision 5,
the board through its chairperson shall issue a report and make
recommendations to the legislative commission on methods of
assuring the security of commercial hazardous waste facilities.
The report and recommendations shall be based on the need to
assure: effective monitoring and enforcement during operation;
effective containment, control, and corrective action in any
emergency situation; financial responsibility of the owner and
operator throughout the operating life of the facility, using
performance bonds, insurance, escrow accounts, or other means;
proper closure; financial responsibility after closure; and
perpetual post-closure monitoring and maintenance. The report
shall include recommendations on the source of funds, including
operator contributions, fee surcharges, taxes, and other
sources; the amount of funds; effective protection and guarantee
of funds; administration; regulatory and permit requirements;
the role of local authorities; and other similar matters.
Sec. 13. Minnesota Statutes 1982, section 115A.08,
subdivision 6, is amended to read:
Subd. 6. [PREPARATION OF HAZARDOUS WASTE REPORTS;
PROCEDURES; PUBLIC INVOLVEMENT.] By January 1, 1981, the board
through its chairperson shall submit a proposed scope of work
and work program for the hazardous waste reports required by
subdivisions 4 and 5 to the legislative commission for review.
During the preparation of the proposed scope of work and work
plan and the reports, the board and the chairperson on behalf of
the board shall encourage public debate and discussion of the
issues relating to the reports. The board and the chairperson
on behalf Representatives of the board, including at least one
permanent member, shall meet with local officials and sponsor at
least one public meeting in areas of the state affected by the
inventory of preferred processing facility areas prepared
pursuant to section 115A.09. The board and the chairperson on
behalf of the board shall follow the procedures set out in
section 115A.22, for consulting with citizens in areas affected
by the selection of candidate sites for disposal facilities. To
assist it in preparing the reports, the plan, and the
certification of need required by subdivisions 4 and 5 to 5a and
sections 115A.11 and 115A.24, the board through its chairperson
shall make grants to each local project review committee
established for a candidate site for disposal identified under
sections 115A.18 to 115A.30. The grants may be used by the
committee to employ staff, pay administrative expenses, or
contract with affected units of government or qualified
consultants. The board and the chairperson on behalf of the
board shall request recommendations from the private waste
management industry, the board's advisory councils, affected
regional development commissions, and the metropolitan council
and shall consult with them on the board's intended disposition
of the recommendations. The reports of the board shall
summarize the comments received and the board's response to the
comments. Copies of the reports must be submitted to the
legislative commission on waste management.
Sec. 14. Minnesota Statutes 1982, section 115A.10, is
amended to read:
115A.10 [DUTIES OF THE BOARD; HAZARDOUS WASTE FACILITIES;
ENCOURAGEMENT OF PRIVATE ENTERPRISE.]
The board and the chairperson on behalf of the board shall
encourage the development and operation of hazardous waste
facilities by private enterprise to the extent practicable and
consistent with the purposes of sections 115A.01 to 115A.72 and
the board's hazardous waste management plan adopted pursuant to
section 115A.11. In preparing the reports under section 115A.08
and the inventory of processing facility sites under section
115A.09, in adopting the management plan, and in its actions and
decisions under sections 115A.18 to 115A.30 and 115A.32 to
115A.39, the board and the chairperson on behalf of the board
shall solicit the active participation of private waste
management firms and shall so conduct its activities as to
encourage private permit applications for facilities needed in
the state. The board shall promulgate rules for accepting, and
evaluating, and selecting applications for permits for the
construction and operation of facilities at sites preferred or
selected by the board pursuant to section 115A.09 or sections
115A.18 to 115A.30. The rules shall include standards and
procedures for making determinations on the minimum
qualifications, including technical competence and financial
capability, of permit applicants. The rules shall include
standards and procedures for soliciting and accepting bids or
permit applications and for selecting developers and operators
of hazardous waste disposal facilities at sites chosen by the
board pursuant to sections 115A.18 to 115A.30, which shall
include a preference for qualified permit applicants who control
a site chosen by the board.
Sec. 15. Minnesota Statutes 1982, section 115A.11,
subdivision 1, is amended to read:
Subdivision 1. [CONTENTS.] By December 15, 1982, The board
shall adopt a hazardous waste management plan. In developing
and implementing the plan, the highest priority of the board
shall be placed upon alternatives to land disposal of hazardous
wastes including: technologies to modify industrial processes
or introduce new processes which will reduce or eliminate
hazardous waste generation; recycling, re-use, and recovery
methods to reduce or eliminate hazardous waste disposal; and
conversion and treatment technologies to reduce the degree of
environmental risk from hazardous waste. The board shall also
consider technologies for retrievable storage of hazardous
wastes for later recycling, re-use, recovery, conversion, or
treatment.
The plan shall include at least the following elements:
(a) an estimate of the types and volumes of hazardous waste
which will be generated in the state through the year 2000;
(b) specific and quantifiable objectives for reducing to
the greatest feasible and prudent extent the need for and
practice of disposal, through waste reduction, pretreatment,
retrievable storage, processing, and resource recovery;
(c) a description of the minimum disposal capacity and
capability needed to be developed within the state for use
through the year 2000, based on the achievement of the
objectives under clause (b);
(d) a description of implementation strategies required to
develop the needed disposal capacity under clause (c) and to
achieve the objectives under clause (b), including: the
necessary private and government actions; development schedules
for facilities, services, and regulations; revenue-raising and
financing measures; levels of public and private effort and
expenditure; legal and institutional changes; and other similar
matters.
The plan shall provide for the orderly development of
hazardous waste management sites and facilities to protect the
health and safety of rural and urban communities. In preparing
the plan the board shall consider its impact upon agriculture
and natural resources.
The plan shall require the establishment in the state of at
least one commercial retrievable storage or disposal facility
and shall recommend and encourage methods and procedures that
will insure the establishment of at least one facility for the
recycling, re-use, recovery, conversion, treatment, destruction,
transfer, or storage of hazardous waste. The board may make the
implementation of elements of the plan contingent on actions of
the legislature which have been recommended in the draft plan
and certification of need and considered in the reports
submitted pursuant to section 115A.08.
Sec. 16. Minnesota Statutes 1982, section 115A.11,
subdivision 2, is amended to read:
Subd. 2. [PROCEDURE.] The plan shall be based upon the
reports prepared pursuant to section 115A.08. The plan, the
certificate of need issued under section 115A.24, and the
procedures for hearings on the draft plan and draft certificate
of need, shall not be subject to the rule-making or contested
case provisions of chapter 14. By July 1, 1983, the chairman of
the board shall report to the legislative commission on waste
management about the hearing to be held pursuant to this
subdivision. The chairman shall describe the board's plans and
procedures for the hearing, the provisions for encouraging
public participation in the hearing, and the board's plans for
preparing the required report to the legislature fully and
accurately summarizing the results of the hearing, the
objections raised to the board's draft plan and certification,
and the board's response to the testimony received. The
legislative commission shall hold a hearing to receive public
comment on the board's proposed hearing procedures and
thereafter shall make any recommendations it deems appropriate
for changes in the board's procedures. Following the submission
of the report on hazardous management required under section
115A.08, subdivision 4, By November 1, 1983, the board through
its chairperson shall issue a draft hazardous waste management
plan proposed for adoption pursuant to this section, and a draft
certificate or certificates of need proposed for issuance under
section 115A.24. The draft plan and certificates must include
an explanation of the basis of the findings, conclusions, and
recommendations contained therein. The board shall hold a
public hearing on the draft plan and draft certificate or
certificates of need contained in the report within 30 days of
their issuance. Notices of the draft plan and the draft
certificate or certificates and notice of the hearing shall be
published in the state register and newspapers of general
circulation in the state. The notices must indicate how copies
of the draft plan and draft certificate or certificates of need
may be obtained. The board shall make the draft plan and draft
certificate or certificates of need available for public review
and comment at least 21 days before the hearing. The hearing
shall be ordered by the chairperson of the board and shall be
conducted by the state office of administrative hearings in a
manner consistent with the completion of the proceedings in the
time allowed by this section. The hearing officer shall not
issue a report but shall preside at the hearing to ensure that
the hearing is conducted in a fair, orderly, and expeditious
manner and in accordance with the hearing procedures of the
board. A majority of the permanent members of the board shall
attend the hearing. In connection with the hearing, the
chairperson of the board shall provide copies of the studies and
reports on which the draft plan and certification of need are
based and shall make an affirmative presentation showing the
need for and reasonableness of the draft plan and certification
of need present an explanation of the basis of the findings,
conclusions, and recommendations in the draft plan and
certification of need.
Within 15 days following the hearing the director of the
agency shall issue a hazardous waste pollution control report.
The report must be submitted to the legislative commission. The
report must be based on existing and proposed federal and state
pollution control rules and available information and expertise
on the character, nature, and degree of hazard of the types and
categories of hazardous waste identified in the plan. The
report must:
(a) assess the pollution control problems and risks
associated with each type and category of hazardous waste
identified by the draft certification of need as eligible for
disposal, before or after pretreatment, at a facility or
facilities of the type and design selected by the board, and
identify design and pretreatment alternatives or other methods
for dealing with those problems and risks;
(b) identify at least one specific alternative technology
for dealing with each waste which the report recommends should
not be certified for disposal, and assess the pollution control
problems and risks associated with the alternatives;
(c) assess the pollution control problems and risks
associated with each standard and criteria contained in the plan
and certification for determining the eligibility or
ineligibility of waste for disposal;
(d) assess the pollution control programs and risks
associated with the processing and other alternatives to
disposal which are recommended in the plan for specific types or
categories of hazardous waste, and identify methods for dealing
with those problems and risks.
Within 30 days following the hearing, the board shall
revise the draft plan and the draft certificate or certificates
of need as it deems appropriate, shall make a written response
to the testimony received at the hearing and to the agency's
report explaining its disposition of any recommendations made
with respect to the plan and certification, and shall finally
adopt a plan in accordance with this section and issue a
certificate or certificates of need in accordance with section
115A.24 submit to the legislative commission the revised draft
plan and certification of need, together with a report on the
testimony received, the board's response, and the results of the
hearing process.
Sec. 17. [115A.201] [BEDROCK DISPOSAL.]
Subdivision 1. [EVALUATION OF TECHNOLOGY; STUDY AREAS.]
The board shall evaluate the feasibility of bedrock disposal of
hazardous waste. If the board determines that bedrock disposal
is or may be a feasible disposal technology, the board shall
identify bedrock study areas of up to four square miles in size
for further evaluation.
Subd. 2. [PARTICIPATION BY AFFECTED LOCALITIES.] A plan
review committee shall be established for each study area and a
temporary board member shall be appointed as provided in this
subdivision, to participate in the preparation of the draft plan
and certification of need to be issued under section 115A.11 and
adopted under sections 115A.11 and 115A.24. Within 30 days
following the identification of a bedrock study area by the
board, the governor shall appoint the chair and members of a
plan review committee, ensuring a balanced representation of all
parties with a legitimate and direct interest in the review of
the plan and certification of need. The plan review committee
shall be eligible for technical assistance and grants pursuant
to section 115A.08, subdivision 6, to assist it in participating
in the plan and certification of need. Within 30 days following
the appointment of a plan review committee, the committee shall
select a temporary board member to be added to the board.
Temporary board members may be members of the local plan review
committee, and they shall be residents of the county in which
the study area is primarily located. Temporary board members
shall serve for terms lasting so long as the location the member
represents is a study area. Temporary board members shall not
participate or vote in decisions affecting the selection and
certification of sites under this section and section 115A.21.
Subd. 3. [CANDIDATE SITES.] If the board determines that
candidate sites are to be selected in the bedrock study areas,
the candidate sites must be proposed and selected as provided in
section 115A.21, subdivisions 1 and 2a.
Sec. 18. Minnesota Statutes 1982, section 115A.21, is
amended to read:
115A.21 [CANDIDATE SITES.]
Subdivision 1. [SELECTION.] By March 15, 1982, The board
shall select six at least four locations in the state, no more
than one site per county, as candidate sites for commercial
disposal facilities for hazardous waste. Candidate sites
selected by the board before February 1, 1983, and additional
candidate sites selected pursuant to this section, must be
reviewed pursuant to sections 115A.22 to 115A.30. No location
shall be selected as a candidate site unless the agency
certifies its intrinsic suitability for the use intended
pursuant to subdivision 2a.
Subd. 2. [SEARCH PROCEDURE.] The board shall consult with
the agency and the private waste management industry in
selecting candidate sites. Any sites proposed in applications
for permits for disposal facilities being reviewed by the agency
may be included by the board as candidate sites, provided the
agency certifies the intrinsic suitability of the sites. The
agency shall suspend its review of any permit application being
reviewed by the board for inclusion as a candidate site until
the site is eliminated from consideration as a candidate site.
Subd. 2. [PROCEDURE.] As soon as practicable, the board
through its chairperson shall publish a request soliciting
proposals and permit applications for hazardous waste disposal
facilities from potential developers and operators of such
facilities. Notice of the request shall be published in the
state register and newspapers of general circulation in the
state and shall be transmitted to all regional development
commissions, the metropolitan council, and all counties in the
state. The board may select conceptual design and operating
specifications for a variety of hazardous waste disposal
facilities in sufficient detail and extent in the judgment of
the board to assist the evaluation of sites and the selection of
candidate sites. By November 1, 1980, the board through its
chairperson shall notify each regional development commission,
or the metropolitan council, and each local government unit
within whose jurisdiction the board intends to search for
candidate sites. The notification shall explain the selection
of the jurisdiction as a search area; shall summarize any
conceptual specifications and the evaluation factors, criteria,
standards, and procedures the board intends to use in selecting
candidate sites; and shall describe the relationship of the
candidate site selection process to the other review procedures
under sections 115A.18 to 115A.30 and the hazardous waste
reports and plans required under sections 115A.04 to 115A.15.
The notification shall request recommendations and suggestions
from each such commission, the metropolitan council, and local
government unit on the criteria, standards, and procedures the
board should use in selecting candidate sites within the time
allowed. The board through its chairperson shall make a written
response to any recommendations, explaining its disposition of
the recommendations. No action of the board may be held invalid
by reason of the board's failure to notify any of the entities
listed in this subdivision.
Subd. 2a. [INTRINSIC SUITABILITY CERTIFICATION.] The board
shall provide to the agency data relating to the intrinsic
suitability of the sites a site to be proposed as a candidate
sites site as soon as available but no later than November 1,
1981. By November 15, 1981, the board shall propose at least
six locations as candidate sites, and. The director of the
agency shall issue a notice indicating which of those sites
whether the director recommends that the proposed sites should
be certified as intrinsically suitable. The board through its
chairperson and the director shall publish notice of hearings on
the board's proposal and the director's recommendations. Notice
shall be published in the state register and newspapers of
general circulation in the state and shall be sent by mail to
all regional development commissions, or the metropolitan
council, and to local government units containing a proposed
candidate site. The hearings shall be conducted by the state
office of administrative hearings in a manner consistent with
the completion of the proceedings and the hearing examiner's
report to the agency and board in the time allowed by this
section. The hearing shall afford all interested persons an
opportunity to testify and present evidence on the subject of
the hearing. The subject of the hearing shall be limited to
information submitted by the board and additional information on
the proposed sites which is relevant to the board's decision on
candidate sites and the agency's decision on intrinsic
suitability. The rulemaking and contested case procedures of
chapter 14 shall not apply to this hearing. The hearing
examiner may consolidate hearings. The report of the hearing
examiner shall contain findings of fact, conclusions, and
recommendations on the subject of the hearing. The agency shall
make a final determination as to the intrinsic suitability of
each proposed site and shall certify sites accordingly by March
1, 1982. No action of the board or agency shall may be held
invalid by reason of the board's or agency's failure to notify
any of the entities listed in this subdivision.
Subd. 3. [MORATORIUM DEVELOPMENT LIMITATIONS.] In order to
permit the comparative evaluation of sites and buffer areas and
the participation of affected localities in decisions about the
use of sites and buffer areas, a moratorium is hereby imposed as
provided in this subdivision on all development within each
proposed or candidate site identified pursuant to this section
development in each candidate site and in a buffer area
identified by the board surrounding and at least equal in area
to the site shall be limited to development consistent with the
development plans, land use classifications, and zoning and
other official controls applying to the property on February 1,
1983. No development inconsistent with the plans, use
classification, controls, and zoning requirements; no transfers
or change of use of public land; and no conditional uses may be
permitted. The moratorium on candidate sites and buffer areas
development limitations shall extend until the board chooses a
final candidate site or final candidate sites pursuant to this
article. The moratorium on the final sites and buffer areas
shall extend until six months following final action of the
board pursuant to sections 115A.18 to 115A.30. No development
shall be allowed to occur within a proposed site or buffer area
during the period of the moratorium without the approval of the
board section 115A.28. No plan, land use classification,
official control, or zoning of any political subdivision shall
permit or be amended to permit development which has not been
approved by the board inconsistent with the requirements of this
section, nor shall any political subdivision sanction or approve
any subdivision, permit, license, or other authorization which
would allow development to occur which has not been approved by
the board. The board shall not approve actions which would
jeopardize the availability of a candidate site for use as a
hazardous waste facility. The board may establish guidelines
for reviewing requests for approval under this subdivision. The
guidelines shall not be subject to the rule-making provisions of
chapter 14. Requests for approval shall be submitted in writing
to the chairperson of the board and shall be deemed to be
approved by the board unless the chairperson otherwise notifies
the submitter in writing within 15 days inconsistent with the
requirements of this section.
Sec. 19. Minnesota Statutes 1982, section 115A.22,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] In order systematically to
involve those who would be affected most directly by disposal
facilities in all decisions leading to their establishment, the
board's decisions on reports referred to in subdivision 7, the
preliminary specifications plan adopted under section 115A.23
115A.11, and the certification of need required under section
115A.24 shall not be made until after the establishment of local
project review committees for each candidate site, with
representation on the board, pursuant to this section.
Sec. 20. Minnesota Statutes 1982, section 115A.22,
subdivision 3, is amended to read:
Subd. 3. [MEMBERSHIP ON LOCAL COMMITTEES.] By April 15,
1982 Within 60 days following the selection of a candidate site
under section 115A.21, the governor shall appoint the
chairperson and members of each the local project review
committee, ensuring a balanced representation of all parties
with a legitimate and direct interest in the outcome of the
project review. The governor shall consult particularly with
affected local units of government before selecting members.
Members may be added to the local committee from time to time by
the governor.
Sec. 21. Minnesota Statutes 1982, section 115A.22,
subdivision 4, is amended to read:
Subd. 4. [APPOINTMENT OF TEMPORARY BOARD MEMBERS.] By May
15, 1982, each Within 30 days following the appointment of a
local project review committee, the local committee shall select
a temporary board member to be added to the board for the
purposes of the reports, to be issued under section 115A.08, the
plan to be adopted under section 115A.11, and the need
certifications, and review of candidate sites conducted under
sections 115A.18 to 115A.30. Temporary board members shall not
participate or vote in decisions affecting the selection and
certification of sites under sections 17 and 115A.21. If a
local committee fails to appoint a temporary board member within
45 days after the appointment of the committee the time
permitted by this subdivision, the governor shall appoint a
temporary board member to represent the committee on the board.
Temporary board members may be members of the local project
review committee, and they shall be residents of the county
where the candidate site is located. Temporary board members
shall serve for terms lasting until the board has taken final
action pursuant to section 115A.28 and as long as the location
the member represents is a candidate site or, in the case of
members representing the site or sites finally chosen for the
facility, until the commencement of the operation of the
facility at that site.
Sec. 22. Minnesota Statutes 1982, section 115A.22,
subdivision 6, is amended to read:
Subd. 6. [TECHNICAL ASSISTANCE; GRANTS.] To assist local
project review committees to participate in the certification of
need and the review process preparation of environmental impact
statements and permit applications, the board through its
chairperson shall make grants to the committees to be used to
employ staff, pay administrative expenses, or contract with
affected units of government or qualified consultants. The
board through its chairperson shall ensure the delivery to the
committees of technical information and assistance by
appropriate state agencies.
Sec. 23. Minnesota Statutes 1982, section 115A.22,
subdivision 7, is amended to read:
Subd. 7. [HAZARDOUS WASTE MANAGEMENT REPORTS.] The
chairperson and the board shall prepare and submit the hazardous
waste management reports required by section 115A.08,
subdivisions 4 and 5 to 5a, in consultation with the local
project review committees. The chairperson and the board shall
request recommendations from the local committees and shall
consult with the committees on the board's intended disposition
of the recommendations. The reports of the board shall
summarize the recommendations of the committees and the board's
response to the recommendations. Before submitting the reports,
the board shall hold at least one public meeting in each county
in which a candidate site is located. A majority of the
permanent members shall be present at each meeting. Notice of
the meeting shall be published in a newspaper or newspapers of
general circulation in the area for two successive weeks ending
at least 15 days before the date of the meeting. The notice
shall describe the proposed facilities, the proposed location,
the purpose of the board's report to the legislature, and the
subsequent and related activities of the board.
Sec. 24. Minnesota Statutes 1982, section 115A.24,
subdivision 1, is amended to read:
Subdivision 1. [CERTIFICATE.] Except as provided in
subdivision 2, by December 15, 1982, on the basis of and
consistent with its hazardous waste management plan adopted
under section 115A.11, the board shall issue a certificate or
certificates of need for disposal facilities for hazardous
wastes in the state. The certificate or certificates shall
indicate the types and volumes of waste for which disposal
facilities are and will be needed through the year 2000 and the
number, types, sizes, general design and operating
specifications capacity, and function or use of the disposal
facilities needed in the state. Before finally adopting the
certificate of need the board shall submit it to the agency for
a revision of the hazardous waste pollution control report
required under section 115A.11, subdivision 2. The board shall
certify need only to the extent that the board has determined
that there are no feasible and prudent alternatives including
waste reduction, separation, pretreatment, processing, and
resource recovery which would minimize adverse impact upon air,
water, land and all other natural resources, provided that the
board shall require the establishment of at least one commercial
disposal facility in the state. Economic considerations alone
shall not justify certification nor the rejection of
alternatives. Alternatives that are speculative and conjectural
shall not be deemed to be feasible and prudent. The board shall
consider all technologies being developed in other countries as
well as in the United States when it considers the alternatives
to hazardous waste disposal. The certificate or certificates
shall not be subject to the provisions of chapter 14 but shall
be the final determination required on the matters decided by
the certificate or certificates and shall have the force and
effect of law. The certificate or certificates shall not be
amended for five years except as provided in section 36. The
board and the permitting agencies, In reviewing and selecting
sites, completing and determining the adequacy of environmental
impact statements, and issuing approvals and permits for waste
disposal facilities described in the certificate or certificates
of need, shall not reconsider matters determined in the
certification shall not be reconsidered except as otherwise
provided in section 36. The board and the permitting agencies
shall be required to make a final decision approving the
establishment of facilities consistent with the certification.
The board and the permitting agencies shall be required to make
a final decision approving the establishment of at least one
commercial disposal facility for hazardous waste in the state
except as otherwise provided in section 36.
Sec. 25. [115A.241] [PARTICIPATION BY FACILITY DEVELOPERS
AND OPERATORS.]
The board shall solicit the participation of private
developers and operators of waste facilities in the evaluation
of hazardous waste disposal sites and facility specifications.
To qualify for consideration as a developer or operator, a
person shall submit a letter of intent to the board within 90
days following the publication of the board's draft plan
pursuant to section 115A.08, subdivision 4. To qualify for
selection as a developer or operator, a person shall submit
operability reports to the board at least 60 days before the
board's hearings under section 115A.27. The letters of intent
and reports shall be in the form and contain the information
deemed appropriate by the board.
Sec. 26. Minnesota Statutes 1982, section 115A.25,
subdivision 1, is amended to read:
115A.25 [AGENCY; ENVIRONMENTAL REVIEW PROCEDURES.]
Subdivision 1. [ENVIRONMENTAL IMPACT STATEMENT.] An A
phased environmental impact statement meeting the requirements
of chapter 116D shall be completed by the board and the agency
on disposal facilities at each candidate site. The statement
shall be finally accepted or rejected within 120 days following
the issuance of a certificate or certificates of need under
section 115A.24. The statement must be prepared and reviewed in
accordance with chapter 116D and the rules issued pursuant
thereto, except as otherwise required by this section and
sections 115A.11, 115A.24, 115A.28, and 115A.30. The board and
agency shall follow the procedures in subdivisions 2 and 3 in
lieu of the scoping requirements of chapter 116D and rules
issued pursuant thereto. The statement shall be completed in
two phases as provided in sections 27 and 28.
Sec. 27. Minnesota Statutes 1982, section 115A.25, is
amended by adding a subdivision to read:
Subd. 1a. [PHASE I.] Phase I of the statement shall be
completed by the board on the environmental effects of the
board's decision on sites and facility specifications under
section 115A.28. Phase I of the statement shall not address or
reconsider alternative sites or facility numbers, types,
capacity, function, and use which have been eliminated from
consideration by the board's decisions under sections 115A.21
and 115A.24. The determination of the adequacy of phase I of
the statement is exclusively the authority of the board. The
governor shall establish an interagency advisory group to
comment on the scope of phase I of the statement, to review
drafts, and to provide technical assistance in the preparation
and review of phase I of the statement. The advisory group
shall include representatives of the agency, the departments of
natural resources, health, agriculture, energy, planning and
development, and transportation, and the Minnesota geological
survey. In order to obtain the staff assistance necessary to
prepare the statement, the chairperson of the board may request
reassignment of personnel pursuant to section 16.21 and may
arrange to have other agencies prepare parts of the statement
pursuant to section 16.135.
Sec. 28. Minnesota Statutes 1982, section 115A.25, is
amended by adding a subdivision to read:
Subd. 1b. [PHASE II.] Phase II of the statement shall be
completed by the agency as a supplement to phase I specifically
for the purpose of examining the environmental effects of the
permitting decisions required to be made by the permitting
agencies under section 36. In preparing, reviewing, and
determining the adequacy of phase II of the statement, the
agency shall not repeat or duplicate the research and analysis
contained in phase I of the statement, unless the agency
determines that the information available is not adequate or
that additional information is necessary to examine the
environmental effects of the permitting decisions. Phase II of
the statement shall not address or reconsider alternative sites
and facility numbers, types, capacity, function, and use which
have been eliminated from consideration by the board's decisions
under sections 115A.21, 115A.24, and 115A.28. The determination
of adequacy of phase II of the statement must be made by the
agency within 180 days following submission of the preliminary
permit application or applications under section 36. The
determination of the adequacy of phase II of the statement is
exclusively the authority of the agency.
Sec. 29. Minnesota Statutes 1982, section 115A.25,
subdivision 2, is amended to read:
Subd. 2. [PUBLIC DISCLOSURE.] Before commencing
preparation of a phase of the environmental impact statement,
the board or agency shall issue a document summarizing and
making full disclosure of the intended objectives and contents
of the environmental impact statement and the environmental
review. Announcement of the disclosure shall be published in
the state register, the environmental quality board monitor, and
appropriate newspapers of general distribution. The disclosure
shall:
(a) identify the candidate sites;
(b) summarize preliminary design and operating facility
specifications and indicate where and when the specifications
are available for inspection;
(c) describe as fully as possible the object of the review,
including the significant actions, issues, alternatives, types
of impacts, and compensation and mitigation measures expected to
be addressed in the statement; the depth of the analysis
expected; and subjects which the statement will not address in
depth because they have been disposed of previously or because
they are believed to be insignificant or remote and speculative;
(d) identify, by reference and brief summary, any related
planning activities and environmental reviews which have been,
are being, or will be conducted, and the substantive,
chronological, and procedural relationship between the proposed
review and the other activities and reviews;
(e) identify the membership and address of the local
project review committees and the names of the local
representatives on the board;
(f) summarize the comments and suggestions received from
the public pursuant to subdivision 3 and the board's or agency's
response.
Sec. 30. Minnesota Statutes 1982, section 115A.25,
subdivision 3, is amended to read:
Subd. 3. [PUBLIC PARTICIPATION PROCEDURES.] The public
disclosure document shall be issued following diligent effort to
involve the public in determining the objective and contents of
the environmental impact statement. At least one public meeting
shall be held in each county with a candidate site. The advice
of the board, facility developers, state agencies, the local
project review committees, and local units of government shall
be actively solicited. The board or agency may engage the state
hearing examiner to conduct meetings and make recommendations
concerning the review. Each local project review committee
shall present to the board or agency a written report
summarizing local concerns and attitudes about the proposed
action and the specific issues which the local communities and
residents wish to see addressed in the environmental review.
Sec. 31. Minnesota Statutes 1982, section 115A.26, is
amended to read:
115A.26 [AGENCIES; REPORT ON PERMIT CONDITIONS AND
APPLICATION REQUIREMENTS.]
Within 60 30 days following the board's determination of
the adequacy of the final phase I of the environmental impact
statement, and after consulting with the board, facility
developers, affected local government units, and the local
project review committees, the chief executive officer of each
permitting state agency shall issue a notice of intent to issue
permits indicating, to the board draft reports on permit
conditions and permit application requirements at each candidate
site. The reports must indicate, to the extent possible based
on existing information, the probable terms, conditions, and
requirements of agency approval for all permits needed at each
candidate site for the establishment of the facilities described
in the board's certification of need permits, including the
types and categories of waste eligible for disposal with or
without pretreatment, and the probable supplementary
documentation that will be required for phase II of the
environmental impact statement under section 115A.25 and for
permit applications under section 36. The reports may be
revised following the hearings under section 115A.27 as the
chief executive officer deems necessary. The agency decisions
shall reports must be consistent with the establishment of
facilities in accordance with the certification of need.
Sec. 32. Minnesota Statutes 1982, section 115A.27,
subdivision 2, is amended to read:
Subd. 2. [BOARD HEARINGS.] Within 90 120 days following
the issuance of agency notice of intent under section 115A.26
board's determination of the adequacy of phase I of the
environmental impact statement under section 115A.25, the board
shall conduct a hearing in each county containing a candidate
site, for the purpose of receiving testimony on the sites and
facilities to be established decisions required under section
115A.28. The hearings shall be ordered by the chairperson of
the board and shall be conducted concurrently with any agency
hearing regarding the site held pursuant to subdivision 1. The
subject of the board hearing shall not extend to matters
previously decided in the board's decision on sites under
section 115A.21 and the certificate of need issued under section
115A.24. The hearing shall be conducted for the board by the
state office of administrative hearings in a manner determined
by the hearing examiner to be consistent with the completion of
the proceedings in the time allowed. The proceedings shall and
the hearing procedures are not be deemed a subject to the
rule-making or contested case under provisions of chapter 14.
The hearing officer shall not issue a report but shall preside
at the hearings to ensure that the hearings are conducted in a
fair, orderly, and expeditious manner and in accordance with the
hearing procedures of the board. A majority of the permanent
members of the board shall be present at the hearing.
Sec. 33. Minnesota Statutes 1982, section 115A.28,
subdivision 1, is amended to read:
115A.28 [FINAL ACTION DECISION.]
Subdivision 1. [DECISION OF BOARD.] Within 60 days
following final agency decisions on permits pursuant to sections
115A.26 and 115A.27, subdivision 1 the conclusion of the
hearings under section 115A.27, subdivision 2, and after
consulting with private facility developers, the agency
permitting agencies, affected local government units, and the
local project review committees, the board shall finally select
the site or sites for the facilities and shall submit or cause
to be submitted final permit applications and the developer and
operator of the facility and shall prescribe further
specifications on the number, type, capacity, function, and use
of the facilities as the board deems appropriate, consistent
with the board's certification of need issued under section
115A.24. If the chairperson of the board determines that an
agency notice of intent report on permit conditions and
application requirements has been substantially revised
following hearings held pursuant to section 115A.27, subdivision
1 2, the chairperson shall may delay the decision for 30 days
and may order a public hearing to receive further testimony on
the sites and facilities to be established. The proceeding
shall be conducted as provided in section 115A.27, subdivision
2, except that hearings shall not be separately held in the
affected counties and the issues relating to all agency notices
reports shall be considered at one hearing. The board's
decision and final permit applications shall embody all terms,
conditions, and requirements of the permitting agencies,
provided that the board may: (a) finally resolve any conflicts
between state agencies regarding permit terms, conditions, and
requirements, and (b) require more stringent terms, conditions,
and requirements respecting the facility as may be consistent
with the certification of need and the agency rules and permit
conditions. The board's resolution of conflicts under clause
(a) shall be in favor of the more stringent terms, conditions,
and requirements. The board's decision and the permit
applications shall provide for the establishment of facilities
consistent with the board's certification of need.
Sec. 34. Minnesota Statutes 1982, section 115A.28,
subdivision 2, is amended to read:
Subd. 2. [BOARD'S DECISION PARAMOUNT.] The board's
decision under subdivision 1 shall be final and shall supersede
and preempt requirements of state agencies and political
subdivisions and the requirements of sections 473H.02 to
473H.17; except that a facility established pursuant to the
decision shall be subject to those terms, conditions, and
requirements in permits of state or federal permitting agencies
embodied in the board's decision, the terms of lease determined
by the board under section 115A.06, subdivision 4, and any
requirements imposed pursuant to subdivision 3. The permitting
agencies shall issue permits within 60 days following and in
accordance with the board's final decision, and all permits
shall conform to the terms, conditions, and requirements of the
board's decision. Except as otherwise provided in this section,
no charter provision, ordinance, regulation, permit, or other
requirement of any state agency or political subdivision shall
prevent or restrict the establishment, operation, expansion,
continuance, or closure of a facility in accordance with the
final decision and leases of the board and permits issued
pursuant thereto by state or federal permitting agencies.
Sec. 35. Minnesota Statutes 1982, section 115A.28,
subdivision 3, is amended to read:
Subd. 3. [LOCAL REQUIREMENTS.] A political subdivision may
impose reasonable requirements respecting the construction,
inspection, operation, monitoring, and maintenance of a
facility. Any such requirements shall be subject to review by
the agency board to determine their reasonableness and
consistency with the establishment and use of a facility in
accordance with the final decision and lease of the board and by
the agency to determine their reasonableness and consistency
with permits issued pursuant thereto of state and federal
permitting agencies. The board or agency may approve,
disapprove, suspend, modify, or reverse any such requirements.
The decision of the board or agency shall be final.
Sec. 36. [115A.291] [PERMITS.]
Research and analysis necessary to the permit applications
and permit decisions required under this chapter, and the
supporting environmental study, must commence immediately
following the board's decision under section 115A.28. Within
180 days following its final decision under section 115A.28, the
board shall submit or cause to be submitted a preliminary
application for permits for a facility or facilities consistent
with its decision under section 115A.28. Following review by
the permitting agencies and within 60 days following the
agency's determination of the adequacy of phase II of the
environmental impact statement, the board shall revise the
application, or cause it to be revised, in accordance with the
recommendations of the permitting agencies. In preparing its
revised permit application, the board may amend its
certification of need issued under section 115A.24 or its
facility specifications under section 115A.28, if the board
finds and determines, based upon the recommendations of the
permitting agencies, that: (a) the amendments are necessary to
secure permits for the construction and operation of the
proposed facility at the proposed site, and (b) the
recommendations and amendments are the result of new information
or rules produced after the board's decisions under sections
115A.24 and 115A.28. Within 210 days following the submission
of the revised permit application, the permitting agencies shall
issue the necessary permits unless the pollution control agency
determines that the facility or facilities proposed for
permitting present environmental problems which cannot be
addressed through the imposition of permit conditions.
Sec. 37. Minnesota Statutes 1982, section 115A.30, is
amended to read:
115A.30 [JUDICIAL REVIEW.]
Any civil action maintained by or against the agency or
board under sections 115A.18 to 115A.30 shall be brought in the
county where the board is located and shall take precedence over
all other matters of a civil nature and be expedited to the
maximum extent possible. Any person aggrieved by a final
decision of the board authorizing facilities or an agency under
sections 115A.18 to 115A.30 may appeal therefrom within 30 days
following all final decisions on the issuance of permits. Any
appeal shall be conducted as a review of the administrative
record as provided in chapter 14 sections 14.63 to 14.70. No
civil action shall be maintained pursuant to section 116B.03
with respect to conduct taken by a person pursuant to any
environmental quality standard, limitation, regulation, rule,
order, license, stipulation agreement or permit issued by the
board under sections 115A.18 to 115A.30. Notwithstanding any
provision of chapter 116B to the contrary, in any action brought
under that chapter with respect to any decision or conduct
undertaken by any person or the board or agency pursuant to
sections 115A.18 to 115A.30 after the period for appeal under
this section has lapsed, the plaintiff shall have the burden of
proving that the evidence required under section 116B.10 was not
reasonably available within the time provided for appeal. The
trial court shall, upon motion of any prevailing
non-governmental party, award costs, disbursements, reasonable
attorney's fees, and reasonable expert witness fees, if the
court finds the action hereunder was commenced or defended in
bad faith or was frivolous.
Sec. 38. Minnesota Statutes 1982, section 115A.54,
subdivision 2, is amended to read:
Subd. 2. [ADMINISTRATION; ASSURANCE OF FUNDS.] The board
shall provide technical and financial assistance for the
acquisition and betterment of the facilities and transfer
stations from revenues derived from the issuance of bonds
authorized by section 115A.58. Facilities for the incineration
of solid waste without resource recovery are not eligible for
assistance. Of money appropriated for the purposes of the
demonstration program, at least 70 percent shall be distributed
as loans, and the remainder shall be distributed as grants. An
individual project may receive assistance totaling up to 100
percent of the capital cost of the project and grants up to 50
percent of the capital cost of the project. No grant or loan
shall be disbursed to any recipient until the board has
determined the total estimated capital cost of the project and
ascertained that financing of the cost is assured by funds
provided by the state, by an agency of the federal government
within the amount of funds then appropriated to that agency and
allocated by it to projects within the state, by any person, or
by the appropriation of proceeds of bonds or other funds of the
recipient to a fund for the construction of the project.
Sec. 39. Minnesota Statutes 1982, section 115A.67, is
amended to read:
115A.67 [ORGANIZATION OF DISTRICT.]
The governing body of each county wholly or partly within
the district shall appoint two persons to serve on the first
board of directors of the district, except that in the case of a
district having territory within only two counties each county
may appoint three persons. At least one person appointed by
each county shall be an elected official of a local government
unit having territory within the district. The first
chairperson of the board of directors shall be appointed from
outside the first board of directors by the chairperson of the
waste management board and shall be a local elected official
within the district. The first chairperson shall serve for a
term of two years. Thereafter the chairperson shall be elected
from outside the board of directors by majority vote of the
board of directors. Members of the board of directors shall be
residents of the district. The first meeting of the board of
directors shall be held at the call of the chairperson, after
notice, for the purpose of proposing the bylaws, electing
officers and for any other business that comes before the
meeting. The bylaws of the district, and amendments thereto,
shall be adopted by a majority vote of the board of directors
unless the certificate of incorporation requires a greater
vote. The bylaws shall state:
(a) the manner and time of calling regular meetings of the
representatives and the board of directors, not less than once
annually;
(b) the title, manner of selection, and term of office of
officers of the district;
(c) the term of office of members of the board of
directors, the manner of their removal, and the manner of
filling vacancies on the board of directors;
(d) the powers and duties of the board of directors
consistent with the order and articles of incorporation
establishing the district;
(e) the definition of a quorum for meetings of the board of
directors, which shall be not less than a majority of the
members;
(f) the compensation and reimbursement for expenses for
members of the board of directors, which shall not exceed that
provided for in section 15.0575, subdivision 3; and
(g) such other provisions for regulating the affairs of the
district as the board of directors shall determine to be
necessary.
Sec. 40. Minnesota Statutes 1982, section 115A.70,
subdivision 3, is amended to read:
Subd. 3. [EXEMPTION.] The district shall not designate and
require use of facilities for materials which are being
separated from solid waste and recovered for reuse or recycling
by the generator, by a private person under contract with the
generator or by a licensed solid waste collector. The district
shall not designate and require use of facilities for materials
which are being delivered to another resource recovery facility
The designation may not apply to or include:
(a) materials which are separated from solid waste and
recovered for reuse in their original form or for use in
manufacturing processes; or
(b) materials other than those described in clause (a)
which are being used at another resource recovery facility
unless the district finds and determines that the required use
is consistent with criteria and standards concerning
displacement of existing facilities and with the evaluation of
resource recovery designation which are required in the solid
waste management plan of the district.
Sec. 41. Minnesota Statutes 1982, section 115A.70, is
amended by adding a subdivision to read:
Subd. 7. [RELATIONSHIP TO COUNTY DESIGNATION PROCEDURES.]
A district need not repeat the designation procedures set out in
subdivision 4 to the extent that these procedures have been
completed by each county having territory in the district or by
a joint powers board composed of each county having territory in
the district. A district need not submit the designation for
review pursuant to subdivision 2 if the designation has already
been approved under section 115A.071 following submission by
each county having territory in the district or by a joint
powers board composed of each county having territory in the
district.
Sec. 42. Minnesota Statutes 1982, section 116.06, is
amended by adding a subdivision to read:
Subd. 9i. "Sludge" means any solid, semi-solid, or liquid
waste generated from a municipal, commercial, or industrial
waste water treatment plant, water supply treatment plant, or
air contaminant treatment facility, or any other waste having
similar characteristics and effects.
Sec. 43. Minnesota Statutes 1982, section 116.06,
subdivision 13, is amended to read:
Subd. 13. "Hazardous waste" means any refuse, sludge, or
discarded other waste material or combinations of refuse, sludge
or discarded other waste materials in solid, semi-solid, liquid,
or contained gaseous form which cannot be handled by routine
waste management techniques because they of its quantity,
concentration, or chemical, physical, or infectious
characteristics may (a) cause or significantly contribute to an
increase in mortality or an increase in serious irreversible, or
incapacitating reversible illness; or (b) pose a substantial
present or potential hazard to human health or other living
organisms because of their chemical, biological, or physical
properties the environment when improperly treated, stored,
transported, or disposed of, or otherwise managed. Categories
of hazardous waste materials include, but are not limited to:
explosives, flammables, oxidizers, poisons, irritants, and
corrosives. Hazardous waste does not include sewage sludge and
source, special nuclear, or by-product material as defined by
the Atomic Energy Act of 1954, as amended.
Sec. 44. Minnesota Statutes 1982, section 116.07,
subdivision 4, is amended to read:
Subd. 4. [RULES AND STANDARDS.] Pursuant and subject to
the provisions of chapter 14, and the provisions hereof, the
pollution control agency may adopt, amend and rescind rules and
standards having the force of law relating to any purpose within
the provisions of Laws 1969, Chapter 1046, for the prevention,
abatement, or control of air pollution. Any such rule or
standard may be of general application throughout the state, or
may be limited as to times, places, circumstances, or conditions
in order to make due allowance for variations therein. Without
limitation, rules or standards may relate to sources or
emissions of air contamination or air pollution, to the quality
or composition of such emissions, or to the quality of or
composition of the ambient air or outdoor atmosphere or to any
other matter relevant to the prevention, abatement, or control
of air pollution.
Pursuant and subject to the provisions of chapter 14, and
the provisions hereof, the pollution control agency may adopt,
amend, and rescind rules and standards having the force of law
relating to any purpose within the provisions of Laws 1969,
Chapter 1046, for the collection, transportation, storage,
processing, and disposal of solid waste and the prevention,
abatement, or control of water, air, and land pollution which
may be related thereto, and the deposit in or on land of any
other material that may tend to cause pollution. The agency
shall adopt such rules and standards for sewage sludge,
addressing the intrinsic suitability of land, the volume and
rate of application of sewage sludge of various degrees of
intrinsic hazard, design of facilities, and operation of
facilities and sites. The agency shall promulgate temporary
rules for sewage sludge pursuant to sections 14.29 to 14.36.
Notwithstanding the provisions of sections 14.29 to 14.36, the
temporary rules shall be effective until permanent rules are
promulgated or March 1, 1982, whichever is earlier. Any such
rule or standard may be of general application throughout the
state or may be limited as to times, places, circumstances, or
conditions in order to make due allowance for variations
therein. Without limitation, rules or standards may relate to
collection, transportation, processing, disposal, equipment,
location, procedures, methods, systems or techniques or to any
other matter relevant to the prevention, abatement or control of
water, air, and land pollution which may be advised through the
control of collection, transportation, processing, and disposal
of solid waste and sewage sludge, and the deposit in or on land
of any other material that may tend to cause pollution. By
January 1, 1983, the rules for the management of sewage sludge
shall include an analysis of the sewage sludge determined by the
commissioner of agriculture to be necessary to meet the soil
amendment labeling requirements of section 17.716.
Pursuant and subject to the provisions of chapter 14, and
the provisions hereof, the pollution control agency may adopt,
amend and rescind rules and standards having the force of law
relating to any purpose within the provisions of Laws 1971,
Chapter 727, for the prevention, abatement, or control of noise
pollution. Any such rule or standard may be of general
application throughout the state, or may be limited as to times,
places, circumstances or conditions in order to make due
allowances for variations therein. Without limitation, rules or
standards may relate to sources or emissions of noise or noise
pollution, to the quality or composition of noises in the
natural environment, or to any other matter relevant to the
prevention, abatement, or control of noise pollution.
As to any matters subject to this chapter, local units of
government may set emission regulations with respect to
stationary sources which are more stringent than those set by
the pollution control agency.
Pursuant to chapter 14, the pollution control agency may
adopt, amend, and rescind rules and standards having the force
of law relating to any purpose within the provisions of this
chapter for generators of hazardous waste, the management,
identification, labeling, classification, storage, collection,
treatment, transportation, processing, and disposal of hazardous
waste and the location of hazardous waste facilities. A rule or
standard may be of general application throughout the state or
may be limited as to time, places, circumstances, or
conditions. The public utilities commission, in cooperation
with the pollution control agency, shall set standards for the
transportation of hazardous waste in accordance with chapter
221. In implementing its hazardous waste rules, the pollution
control agency shall give high priority to providing planning
and technical assistance to hazardous waste generators. The
agency shall assist generators in investigating the availability
and feasibility of both interim and long term hazardous waste
management methods. The methods shall include waste reduction,
waste separation, waste processing, resource recovery, and
temporary storage.
The pollution control agency shall give highest priority in
the consideration of permits to authorize disposal of diseased
shade trees by open burning at designated sites to evidence
concerning economic costs of transportation and disposal of
diseased shade trees by alternative methods.
Sec. 45. Minnesota Statutes 1982, section 116.07, is
amended by adding a subdivision to read:
Subd. 4e. [HAZARDOUS WASTE PROCESSING FACILITIES;
AGREEMENTS; FINANCIAL RESPONSIBILITY.] When the agency issues a
permit for a facility for the processing of hazardous waste, the
agency may approve as a condition of the permit an agreement by
which the permittee indemnifies the generators of hazardous
waste accepted by the facility for part or all of any liability
which may accrue to the generators as a result of a release or
threatened release of a hazardous waste from the facility. The
agency may approve an agreement under this subdivision only if
the agency determines that the permittee has demonstrated
financial responsibility to carry out the agreement during the
term of the permit. If a generator of hazardous waste accepted
by a permitted processing facility is held liable for costs or
damages arising out of a release of a hazardous waste from the
facility, and the permittee is subject to an agreement approved
under this subdivision, the generator is liable to the extent
that the costs or damages were not paid under this agreement.
Sec. 46. Minnesota Statutes 1982, section 473.149,
subdivision 2b, is amended to read:
Subd. 2b. [INVENTORY OF SOLID WASTE DISPOSAL SITES.] By
February 1, 1982 September 1, 1983, the council shall adopt by
resolution an inventory of eligible solid waste disposal sites
and buffer areas within the metropolitan area. The council's
inventory shall be composed of the sites and buffer areas
proposed by the counties and reviewed and approved by the
council pursuant to section 473.803, subdivision 1a. If a
county does not have an approved inventory of the required
number of sites by June 1, 1983, the council shall adopt the
required inventory for the county, following begin
investigations by the council and public hearings as the council
deems appropriate in order to adopt the required inventory for
the county by September 1, 1983. The council's inventory shall
satisfy all requirements and standards described in section
473.803, subdivision 1a, for sites and buffer areas proposed by
counties. For sites and buffer areas included in the council's
inventory, the moratorium development limitation imposed under
section 473.803 59, subdivision 1a 1, shall extend until
October 1, 1983 90 days following the selection of sites
pursuant to section 473.833, subdivision 3.
Sec. 47. Minnesota Statutes 1982, section 473.149,
subdivision 2c, is amended to read:
Subd. 2c. [REPORT ON LOCAL EFFECTS OF SOLID WASTE DISPOSAL
FACILITIES; REPORT TO LEGISLATURE.] By August 15, 1982 November
1, 1983, the council shall report to the legislative commission
on methods of mitigating and compensating for the local risks,
costs, and other adverse effects of solid waste disposal
facilities and on methods of financing mitigation and
compensation measures. The methods of mitigating and
compensating to be considered shall include but not be limited
to the following: compensation to landowners for damages
resulting from the selection of a site for the inventory of
sites or for development as a facility, payment outside of levy
limitations in lieu of taxes for all property taken off the tax
rolls; preference for the city or town containing a facility in
federal A-95 reviews conducted by the council; payment of all
costs to service the facilities including the costs of roads,
monitoring, inspection, enforcement, police and fire, and litter
clean up costs; payment for buffer zone amenities and
improvements; city or town control over buffer zone design;
elimination of the tipping charge for solid waste collected in
the city or town; a guarantee against any and all liability that
may occur; payment for reclamation of closed sites to local
design specifications.
Sec. 48. Minnesota Statutes 1982, section 473.149,
subdivision 2d, is amended to read:
Subd. 2d. [LAND DISPOSAL ABATEMENT PLAN.] By January 1,
1983 1984, after considering county land disposal abatement
proposals submitted pursuant to section 473.803, subdivision 1b,
the council shall amend its policy plan to include specific and
quantifiable objectives for abating the land disposal of mixed
municipal solid waste. The plan shall include a reduced
estimate, based on the council's abatement objectives, of the
added solid waste disposal capacity needed in appropriate
sectors of the metropolitan area, stated in annual increments
through the year 1990 and thereafter in five year increments
through the year 2000. The objectives in the plan shall be
based upon standards for county resource recovery and waste
reduction and separation programs and activities. The plan
shall include standards and procedures to be used by the council
in determining that metropolitan counties have not implemented
the council's land disposal abatement plan and have not met the
standards for county abatement programs and activities. The
council shall report to the legislative commission on its
abatement plan and on legislation that may be required to
implement the plan.
Sec. 49. Minnesota Statutes 1982, section 473.149,
subdivision 2e, is amended to read:
Subd. 2e. [SOLID WASTE DISPOSAL FACILITIES DEVELOPMENT
SCHEDULE.] By January 1, 1983 1984, after requesting and
considering recommendations from the counties, cities, and
towns, the council as part of its policy plan shall determine
the number and capacity of sites to be acquired within each
metropolitan county for solid waste disposal facilities in
accordance with section 473.833. The council shall adopt a
schedule for development of disposal facilities by each such
county through the year 2000. The schedule shall be based upon
the council's reduced estimate of the disposal capacity needed
because of the council's land disposal abatement plan. The
council may make the implementation of elements of the schedule
contingent on actions of the counties in adopting and
implementing county abatement plans pursuant to section 473.803,
subdivision 1b; and the council shall review the development
schedule at least every two years and shall revise the
development schedule as it deems appropriate based on the
progress made in the adoption and implementation of the council
and county abatement plans. The schedule may include procedures
to be used by counties in selecting sites for acquisition
pursuant to section 473.833. The schedule shall include
standards and procedures for council certification of need
pursuant to section 473.823. The schedule shall include a
facility closure schedule and plans for post-closure management
and disposition, for the use of property after acquisition and
before facility development, and for the disposition of property
and development rights, as defined in section 473.833, no longer
needed for disposal facilities. The schedule shall also include
a closure schedule and plans for post-closure management for
facilities in existence prior to January 1, 1983 before the
adoption of the development schedule.
Sec. 50. Minnesota Statutes 1982, section 473.149,
subdivision 4, is amended to read:
Subd. 4. [ADVISORY COMMITTEE.] The council shall establish
an advisory committee to aid in the preparation of the policy
plan, the performance of the council's responsibilities under
subdivisions 2 to 2e, the review of county master plans and
reports and applications for permits for waste facilities, under
sections 473.151 and 473.801 to 473.823 and sections 473.827,
473.831 and 473.833, and other duties determined by the
council. The committee shall consist of one-third citizen
representatives, one-third representatives from metropolitan
counties and municipalities, and one-third representatives from
private waste management firms. From October 1, 1981 to January
1, 1983 at least the date that the council adopts the inventory
under subdivision 2b to the date that the council adopts a
development schedule under subdivision 2e, for the purpose only
of participating in the preparation of the legislative report
required by subdivision 2c and, the land disposal abatement plan
required by subdivision 2d, and the development schedule
required by subdivision 2e, additional members shall be included
on the advisory committee sufficient to assure that at least
one-third of the members of the committee are residents of
cities or towns containing eligible solid waste disposal sites
included in the council's disposal site inventory, and that
counties containing three sites have at least two additional
members and counties containing one or two sites have at least
one additional member. A representative from the pollution
control agency, one from the waste management board established
under section 115A.04, and one from the Minnesota health
department shall serve as ex officio members of the committee.
Sec. 51. Minnesota Statutes 1982, section 473.153,
subdivision 2, is amended to read:
Subd. 2. [CANDIDATE SITE SELECTION.] By December 15, 1981,
The council shall select six candidate sites for the disposal of
the commission's sewage sludge and solid waste, together with
appropriate surrounding buffer areas. The council shall select
at least four candidate sites by September 1, 1983. The council
shall evaluate sites for candidacy on the basis of at least the
following factors: local land use and land use controls, the
protection of agriculture and natural resources, existing and
future development patterns, transportation facilities, distance
from the points of generation, and the intrinsic suitability of
sites compared with other potential sites. Notwithstanding any
plan, charter provision, law, ordinance, regulation, or other
requirement of the council, counties, or local units of
government, no land shall be excluded from consideration for
candidacy except land determined by the agency to be
intrinsically unsuitable. No site shall be selected for
candidacy unless the agency certifies its intrinsic suitability
for the use intended, based on preliminary environmental
analysis and on-site surveys and investigations conducted by the
council. The council shall provide to the agency data relating
to the intrinsic suitability of the sites to be proposed as
candidate sites as soon as available but no later than August
15, 1981. By September 1, 1981, The council shall propose at
least six locations as candidate sites and the director of the
agency shall issue a notice indicating which of those sites the
director recommends be certified as intrinsically suitable. The
director shall publish notice of a consolidated hearing on the
recommendation. Notice shall be published in the state register
and newspapers of general circulation in the metropolitan area
and shall be sent by mail to local government units containing a
proposed candidate site. The hearing shall be conducted by the
state office of administrative hearings in a manner consistent
with the completion of the proceedings and the hearing
examiner's report to the agency in the time allowed by this
section. The hearing shall afford all interested persons an
opportunity to testify and present evidence on the subject of
the hearing. The subject of the hearing shall be limited to
information submitted by the council and additional information
on the proposed sites which is relevant to the agency's decision
on intrinsic suitability. The rulemaking and contested case
procedures of chapter 14 shall not apply to this hearing. The
report of the hearing examiner shall contain findings of fact,
conclusions, and recommendations on the subject of the hearing.
The agency shall make a final determination as to the intrinsic
suitability of each proposed site and shall certify them
accordingly by December 1, 1981 within 90 days of the council's
proposal of a site. The agency shall not be required to
promulgate rules pursuant to chapter 14 on criteria and
standards to govern its certification of intrinsic suitability
under this section. No action of the agency shall be held
invalid by reason of the agency's failure to notify any of the
entities listed in this subdivision. In selecting candidate
sites, the council shall prefer land which is capable of being
returned to its existing use or the use anticipated in a plan of
a metropolitan agency, county, or local unit of government use
after closure of a disposal facility.
Sec. 52. Minnesota Statutes 1982, section 473.153,
subdivision 5, is amended to read:
Subd. 5. [ENVIRONMENTAL AND PERMIT REVIEW.] An
environmental impact statement meeting the requirements of
chapter 116D shall must be completed on each candidate site,
provided that the environmental effects of the council's
decisions required by subdivision 6. The statement shall must
be finally accepted or rejected within 280 days of the selection
of candidate sites. Within 90 days following the acceptance of
the statement, the agency shall indicate the conditions and
terms of approval of all permits needed at each candidate site
prepared and reviewed in accordance with chapter 116D and the
rules issued pursuant thereto, except as otherwise required by
this section. The statement must not address or reconsider
alternatives eliminated from consideration pursuant to
subdivisions 1 and 2 and must not address the matters to be
decided by the council pursuant to subdivision 6b.
Sec. 53. Minnesota Statutes 1982, section 473.153, is
amended by adding a subdivision to read:
Subd. 5a. [AGENCIES; REPORT ON PERMIT CONDITIONS AND
APPLICATION REQUIREMENTS.] Within 30 days following the
council's determination of adequacy pursuant to subdivision 5,
the chief executive officer of each permitting state agency
shall issue to the council reports on permit conditions and
permit application requirements at each candidate site. The
reports must indicate, to the extent possible based on existing
information, the probable terms, conditions, and requirements of
permits and the probable supplementary documentation that will
be required for permit applications. The reports must be
consistent with the establishment of facilities in accordance
with the requirements of this section, must not address or
reconsider alternatives eliminated from consideration under
subdivisions 1 and 2, and must not address the matters to be
decided by the council pursuant to subdivision 6b.
Sec. 54. Minnesota Statutes 1982, section 473.153,
subdivision 6, is amended to read:
Subd. 6. [COUNCIL SITE SELECTION.] Within 90 days
following the agency's decision on permit conditions and terms
determination of adequacy, the council shall select at least one
of the candidate sites for acquisition and development by the
commission. Before its selection the council shall consult with
the advisory committee and affected counties, cities, and towns.
Sec. 55. Minnesota Statutes 1982, section 473.153,
subdivision 6b, is amended to read:
Subd. 6b. [CERTIFICATION OF NEED.] No new facility for
disposing of sludge, ash, and other waste generated by the
commission shall be permitted in the metropolitan area without a
certification of need issued by the council indicating the
council's determination:
(a) that the disposal of waste with concentrations of
hazardous materials is necessary; and
(b) that the additional ash disposal capacity planned for
the facility is needed.
The council shall certify need only to the extent that
there are no feasible and prudent methods of reducing the
concentrations of hazardous materials in the waste and no
feasible and prudent alternatives to the ash disposal facility,
including large-scale composting and co-composting of sludge,
which would minimize adverse impact upon natural resources.
Methods and alternatives that are speculative or conjectural
shall not be deemed to be feasible and prudent. Economic
considerations alone shall not justify the certification of need
or the rejection of methods or alternatives, including
large-scale composting and co-composting of sludge as an
alternative to incineration. In its certification the council
shall not consider alternatives which have been eliminated from
consideration by the selection of sites pursuant to subdivisions
2 and 6.
Sec. 56. Minnesota Statutes 1982, section 473.153, is
amended by adding a subdivision to read:
Subd. 6c. [CERTIFICATION OF NEED; RESTRICTION.] No
certification of need may be issued by the council pursuant to
subdivision 6b until the report required by this subdivision is
submitted to the legislative commission on waste management.
The council shall submit the report by January 1, 1984. The
report shall evaluate the potential of large-scale sewage sludge
composting and co-composting to reduce the need for sewage
sludge incineration, sewage sludge ash disposal, and mixed
municipal solid waste land disposal; recommend institutional
arrangements necessary for the implementation of large-scale
sewage sludge composting and co-composting; and compare the
costs and benefits of composting and co-composting with the
costs, including costs already incurred, and the benefits of
incineration.
Sec. 57. Minnesota Statutes 1982, section 473.803,
subdivision 1a, is amended to read:
Subd. 1a. [PROPOSED INVENTORY OF DISPOSAL SITES.] By
October 15, 1981, each county shall adopt, by resolution of its
governing body, an inventory of four proposed sites in the
county suitable for mixed municipal solid waste disposal
facilities and one proposed site in the county suitable for the
disposal of demolition debris and shall submit the inventory to
the council for approval or disapproval. The council shall
evaluate and approve or disapprove each proposed site in
accordance with the standards set out in this subdivision.
Except as otherwise provided in this subdivision, each site
shall satisfy the standards and criteria in federal and state
regulations and the council's policy plan for solid waste
management. In proposing and approving sites for the inventory,
the counties and the council shall prefer land which is capable
of being returned to its existing use or the use anticipated in
a plan of a metropolitan agency, county, or local unit of
government use after closure of a disposal facility. Each site
shall contain no less than 80 acres and no more than 250 acres.
Each proposed site shall be surrounded by a buffer area at least
equal to the area of the site. No site shall be adopted by a
county or the council as part of an inventory unless the agency
certifies its intrinsic suitability for the use intended, based
on preliminary environmental analysis and on site surveys and
investigations conducted by the county. Notwithstanding any
plan, charter provision, law, ordinance, regulation, or other
requirement of any state agency or political subdivision, no
land shall be excluded from consideration for inclusion in the
inventory except land determined by the agency to be
intrinsically unsuitable. Each county shall provide to the
agency data relating to the intrinsic suitability of the sites
to be proposed for the inventory as soon as available but no
later than June 15, 1981. By July 1, 1981 each county shall
propose at least the number of sites required for the inventory,
and the director of the agency shall issue a notice indicating
which of those sites the director recommends be certified as
intrinsically suitable. Notice of hearings on the director's
recommendation shall be published in the state register and
newspapers of general circulation in the metropolitan area and
shall be sent by mail to the metropolitan council and local
government units containing a proposed inventory site. A
hearing shall be held in each metropolitan county and shall be
conducted by the state office of administrative hearings in a
manner consistent with the completion of the proceedings and the
hearing examiner's report to the agency in the time allowed by
this section. The hearing shall afford all interested persons
an opportunity to testify and present evidence on the subject of
the hearing. The subject of the hearing shall be limited to
information submitted by the county and additional information
on the proposed sites which is relevant to the agency's decision
on intrinsic suitability. The rulemaking and contested case
procedures of chapter 14 shall not apply to this hearing. The
report of the hearing examiner shall contain findings of fact,
conclusions, and recommendations on the subject of the hearing.
The agency shall make a final determination as to the intrinsic
suitability of each proposed site and shall certify them
accordingly by October 1, 1981 within 90 days of the county's
proposal of a site. The agency shall not be required to
promulgate rules pursuant to chapter 15 on criteria and
standards to govern its certification of intrinsic suitability
under this section. No action of the agency shall be held
invalid by reason of the agency's failure to notify any of the
entities listed in this subdivision. The council shall evaluate
each site with respect to local land use and land use controls,
the protection of agriculture and natural resources, existing
and future development patterns, transportation facilities and
other services and facilities appropriate to land disposal
facilities, the quality of other potential sites, and patterns
of generation of solid waste. The council shall notify a county
of any site proposed by the county which the council disapproves
and shall allow the county 60 days to propose an alternative
site. If the county fails to propose an alternative acceptable
to the council in the time allowed, the council shall propose a
site acceptable to it for inclusion in the inventory of sites in
that county. If in the council's judgment a county does not
contain the requisite number of satisfactory sites, the council
may reduce the number of sites required of that county.
In order to permit the comparative evaluation of sites and
the participation of affected localities in decisions about the
use of sites, a moratorium is hereby imposed as provided in this
subdivision on development within the area of each site and
buffer area proposed by a county, pending the council's adoption
of an inventory pursuant to section 473.149, subdivision 2b. For
sites and buffer areas included in the council's inventory, the
moratorium shall extend until October 1, 1983, except that the
council may at any time, with the approval of the county in
which the site is located, abrogate the application of the
moratorium to a specific site or sites or buffer areas. No
development shall be allowed to occur within the area of a site
or buffer area during the period of the moratorium without the
approval of the council. No county, city, or town land use
control shall permit development which has not been approved by
the council, nor shall any county, city, or town sanction or
approve any subdivision, permit, license, or other authorization
which would allow development to occur which has not been
approved by the council. The council shall not approve actions
which would jeopardize the availability of a site for use as a
solid waste facility. The council may establish guidelines for
reviewing requests for approval under this subdivision. Requests
for approval shall be submitted in writing to the chairman of
the council and shall be deemed to be approved by the council
unless the chairman otherwise notifies the submitter in writing
within 15 days.
Sec. 58. Minnesota Statutes 1982, section 473.803,
subdivision 1b, is amended to read:
Subd. 1b. [LAND DISPOSAL ABATEMENT.] By April 1, 1982,
after considering the council's disposal abatement report
submitted to the counties pursuant to section 473.149,
subdivision 2a, each county shall submit to the council a
proposal to reduce to the greatest feasible and prudent extent
the need for and practice of land disposal of mixed municipal
solid waste. The proposal shall address at least waste
reduction, separation, and resource recovery. The proposal
shall include objectives, immediately and over specified time
periods, for reducing the land disposal of mixed municipal solid
waste generated within the county. The proposal shall describe
specific functions to be performed and activities to be
undertaken by the county and cities and towns within the county
to achieve the objectives and shall describe the estimated cost,
proposed manner of financing, and timing of the functions and
activities. The proposal shall include alternatives which could
be used to achieve the objectives if the proposed functions and
activities are not established. By June 1, 1983, Each county
shall revise its master plan to include a land disposal
abatement element to implement the council's land disposal
abatement plan adopted under section 473.149, subdivision 2d,
and shall submit the revised plan to the council for review
under subdivision 2 within nine months after the adoption of the
council's abatement plan. The proposal and master plan revision
required by this subdivision shall be prepared in consultation
with cities and towns within the county, particularly the cities
and towns in which a solid waste disposal facility is or may be
located pursuant to the county master plan.
Sec. 59. [473.806] [INVENTORY OF DISPOSAL SITES;
DEVELOPMENT LIMITATIONS.]
Subdivision 1. [COUNCIL APPROVAL REQUIRED.] In order to
permit the comparative evaluation of sites and the participation
of affected localities in decisions about the use of sites, a
metropolitan development limitation is hereby imposed as
provided in this subdivision on development within the area of
each site and buffer area proposed by a county pursuant to
section 473.803, subdivision 1a, pending the council's adoption
of an inventory pursuant to section 473.149, subdivision 2b.
For sites and buffer areas included in the council's inventory,
the limitation shall extend until 90 days following the
selection of sites pursuant to section 473.833, subdivision 3,
except that the council may at any time, with the approval of
the county in which the site is located, abrogate the
application of the limitation to a specific site or sites or
buffer areas. No development shall be allowed to occur within
the area of a site or buffer area during the period of the
metropolitan development limitation without the approval of the
council. No county, city, or town land use control shall permit
development which has not been approved by the council, nor
shall any county, city, or town sanction or approve any
subdivision, permit, license, or other authorization which would
allow development to occur which has not been approved by the
council. The council shall not approve actions which would
jeopardize the availability of a site for use as a solid waste
facility. The council may establish guidelines for reviewing
requests for approval under this subdivision. Requests for
approval shall be submitted in writing to the chairman of the
council and shall be deemed to be approved by the council unless
the chairman otherwise notifies the submitter in writing within
15 days.
Subd. 2. [ACQUISITION OF TEMPORARY DEVELOPMENT RIGHTS.] If
pursuant to subdivision 1 the council refuses to approve
development which is permitted by local development plans, land
use classification, and zoning and other official controls
applying to the property on February 1, 1983, the land owner may
elect to have the county purchase temporary development rights
to the property for the period extending from the date when the
council approved the site which affects the property for
inclusion in the metropolitan inventory of sites until July 1,
1985. The election must be made within 30 days of the council's
decision to refuse to approve development. The council shall
provide funds, from the proceeds of the bonds issued pursuant to
section 473.831, for the county to purchase the temporary
development rights. The land owner's compensation shall be
determined by the agreement of the owner, the county, and the
council. If the parties cannot agree within 60 days of the
owner's election, the county shall acquire the temporary
development rights through eminent domain proceedings, and the
land owner's compensation shall be the fair market value of the
temporary development rights.
Sec. 60. Minnesota Statutes 1982, section 473.811,
subdivision 1a, is amended to read:
Subd. 1a. [RIGHT OF ACCESS.] Whenever the county or county
site selection authority deems it necessary to the evaluation of
a waste facility for enforcement purposes or to the evaluation
of a site or buffer area for inclusion in the inventory of
disposal sites pursuant to section 473.149, subdivision 2b, and
section 473.803, subdivision 1a, or for selection or final
acquisition under section 473.833, or for the accomplishment of
any other purpose under sections 473.149, 473.153, and 473.801
to 473.834, the county, county site selection authority or any
member, employee, or agent thereof, when authorized by it, may
enter upon any property, public or private, for the purpose of
obtaining information or conducting surveys or investigations,
provided that the entrance and activity is undertaken after
reasonable notice and during normal business hours and provided
that compensation is made for any damage to the property caused
by the entrance and activity.
Sec. 61. Minnesota Statutes 1982, section 473.823,
subdivision 6, is amended to read:
Subd. 6. [COUNCIL; CERTIFICATION OF NEED.] No new mixed
municipal solid waste disposal facility shall be permitted in
the metropolitan area without a certificate of need issued by
the council indicating the council's determination that the
additional disposal capacity planned for the facility is needed
in the metropolitan area. The council shall amend its policy
plan, adopted pursuant to section 473.149, to include standards
and procedures for certifying need. The standards and
procedures shall be based on the council's disposal abatement
plan adopted pursuant to section 473.149, subdivision 2d, and
the abatement master plans of counties adopted pursuant to
section 473.803, subdivision 1b. The council shall certify need
only to the extent that there are no feasible and prudent
alternatives to the disposal facility, including waste
reduction, source separation and resource recovery which would
minimize adverse impact upon natural resources. Alternatives
that are speculative or conjectural shall not be deemed to be
feasible and prudent. Economic considerations alone shall not
justify the certification of need or the rejection of
alternatives. In its certification the council shall not
consider alternatives which have been eliminated from
consideration by the adoption of the inventory pursuant to
section 473.149, subdivision 2b, or the selection of sites under
section 473.833, subdivision 3.
Sec. 62. Minnesota Statutes 1982, section 473.831, is
amended to read:
473.831 [DEBT OBLIGATIONS; SOLID WASTE DISPOSAL.]
Subdivision 1. [GENERAL OBLIGATION BONDS.] The council may
by resolution authorize the issuance of general obligation bonds
of the council to provide funds for the environmental analysis
and acquisition of permanent or temporary right, title, or
interest in real property, including easements and development
rights, for sites and surrounding buffer areas for development
as solid waste disposal facilities pursuant to this section and
section 473.833 and to provide funds for refunding obligations
issued under this section. The bonds shall be sold, issued, and
secured in the manner provided in chapter 475 for general
obligation bonds, and the council shall have the same power and
duties as a municipality and its governing body in issuing bonds
under chapter 475, except as otherwise provided in this
chapter. No election shall be required, and the net debt
limitations in chapter 475 shall not apply. The council shall
have the power levy ad valorem taxes for debt service of the
council's solid waste bonds upon all taxable property within the
metropolitan area, without limitation of rate or amount and
without affecting the amount or rate of taxes which may be
levied by the council for other purposes or by any local
government unit in the area. Each of the county auditors shall
annually assess and extend upon the tax rolls in his county the
portion of the taxes levied by the council in each year which is
certified to him by the council. The principal amount of bonds
issued pursuant to this section shall not exceed $15,000,000.
Subd. 2. [USE OF PROCEEDS.] The proceeds of bonds issued
under subdivision 1 shall be used pursuant to section 473.833,
by the council, for the purposes provided in subdivision 1 and
to make grants to metropolitan counties to pay the cost of the
environmental review of sites, the acquisition of development
rights for all or part of the period that the development
limitation imposed by section 473.806 is in effect, and the
acquisition of all property or interests in property for solid
waste disposal sites and surrounding buffer areas required to be
acquired by the county, pursuant to section 473.833, by the
council's policy plan and development schedule adopted pursuant
to section 473.149, subdivision 2e. If the council is required
by law or regulation to prepare environmental analyses on one or
more solid waste disposal sites and surrounding buffer areas,
the council may use the proceeds of the bonds issued under
subdivision 1 to contract for consultant services in the
preparation of such analyses only upon a finding that equivalent
expertise is not available among its own staff.
Sec. 63. Minnesota Statutes 1982, section 473.833,
subdivision 2a, is amended to read:
Subd. 2a. [ENVIRONMENTAL ANALYSIS IMPACT STATEMENT.] By
January 1, 1983, Each metropolitan county shall complete an
analysis comparing environmental impact statement on the
environmental effects of solid waste disposal facilities at the
sites in the county which are included in the metropolitan
inventory of solid waste disposal sites adopted by the
metropolitan council pursuant to section 473.149, subdivision 2b
the decision required by subdivision 3. The analysis statement
shall be in detail sufficient, in the judgment of the county
board, to inform adequately the county site selection authority
established under subdivision 3 of the environmental effects of
facilities at sites within the county and to assure that
facilities at the sites can reasonably be expected to qualify
for permits in accordance with the rules of the agency prepared
and reviewed in accordance with chapter 116D and the rules
issued pursuant thereto, except as otherwise required by section
473.149 and this section. The determination of adequacy must be
made within one year following the council's adoption of the
facilities development schedule pursuant to section 473.149,
subdivision 2e. The statement must be consistent with the
establishment of facilities in accordance with the requirements
of the council's development schedule, must not address or
reconsider alternatives eliminated from consideration under
sections 473.149, 473.803, subdivisions 1, 1a, and 1b, and this
section, and must not address matters to be determined by the
council under section 473.823, subdivision 6. The statement
must address matters respecting permitting under section 473.823
only to the extent deemed necessary for the siting decision
required by subdivision 3 of this section. The pollution
control agency and the council shall assist and advise counties
in the scoping decision and the preparation notice.
Sec. 64. Minnesota Statutes 1982, section 473.833, is
amended by adding a subdivision to read:
Subd. 2b. [AGENCIES; COUNCIL; REPORT ON PERMIT CONDITIONS
AND APPLICATION REQUIREMENTS.] Within 30 days following the
county's determination of adequacy under subdivision 2a, the
chief executive officer of the metropolitan council and each
permitting state agency shall issue to the county reports on
permit conditions and permit application requirements at each
site in the county. The reports must indicate, to the extent
possible based on existing information, the probable terms,
conditions, and requirements of permits and the probable
supplementary documentation and environmental review that will
be required for permit applications pursuant to chapter 116 and
section 473.823. A report may recommend that a site should be
dropped from consideration because of information in the
environmental impact statement showing that the site is
environmentally unsuitable for land disposal and unlikely to
qualify for permits. The reports must be consistent with the
establishment of facilities in accordance with the requirements
of the council's development schedule adopted under section
473.149, subdivision 2e, must not address or reconsider
alternatives eliminated from consideration under sections
473.149, 473.803, subdivisions 1, 1a, and 1b, and this section,
and must not address matters to be determined by the council
under section 473.823, subdivision 6.
Sec. 65. Minnesota Statutes 1982, section 473.833,
subdivision 3, is amended to read:
Subd. 3. [COUNTY SITE SELECTION AUTHORITIES.] Each
metropolitan county shall establish a site selection authority.
By June 1, 1983 Within 90 days following the county's
determination of adequacy under subdivision 2a, each site
selection authority shall select specific sites within the
county from the council's disposal site inventory, in accordance
with the procedures established by the council under section
473.149, subdivision 2e, and in a number and capacity equal to
that required by the council to be acquired by the county. Each
site selection authority shall be composed of the county board,
plus one member appointed by the governing body of each city or
town within the county containing a site in the council's
disposal site inventory or the majority of the land contained
within such a site. If the number of members on the site
selection authority who reside in a city or town containing all
or part of a site or buffer area is equal to or greater than the
number of members who do not, the chairman of the county board
shall appoint to the authority an additional member or members,
residing within the county but not within a city or town
containing all or part of a site or buffer area, sufficient to
assure a majority of one on the authority of members residing in
cities and towns not containing all or any part of a site or
buffer area. The chairman of the county board shall be the
chairman of the site selection authority. If a site selection
authority has not selected the requisite number and capacity of
sites in accordance with the council's standards, criteria, and
procedures by June 1, 1983 within the time allowed by this
subdivision, the council shall make the selection.
Sec. 66. Minnesota Statutes 1982, section 473.833,
subdivision 7, is amended to read:
Subd. 7. [FAILURE OF COUNTIES TO ACQUIRE; REPORT TO
LEGISLATURE.] If any county fails to identify property for
acquisition or if any county refuses to proceed with
environmental analysis and acquisition, as required by this
section and the council's disposal facility development schedule
adopted pursuant to section 473.149, subdivision 2e, the council
shall prepare and recommend to the legislature, no later than
January 1, 1984, legislation to transfer solid waste management
authority and responsibility in the metropolitan area from the
counties to the waste control commission or a new metropolitan
commission established for that purpose.
Sec. 67. [SLUDGE INCINERATION.]
The metropolitan waste control commission established by
section 473.503 may not acquire or expand additional
incineration facilities, or plan or undertake studies for such
acquisition and expansion, until the report required by section
56 is submitted.
Sec. 68. [COUNTY FINANCING OF FACILITIES.]
The counties of Washington and Ramsey, separately or
jointly, may, by resolution, authorize the issuance of bonds or
other obligations, including initial obligations in an amount
not to exceed an aggregate amount of $4,000,000 issued to
finance solely preliminary costs such as site acquisition and
preparations and legal, engineering, financial, and planning
services, to provide funds to acquire or better solid waste and
related facilities, including transmission facilities and
property or property rights for a solid waste or related
facility, or to refund any outstanding obligations issued for
that purpose.
Any later formation of a solid waste management district
under Minnesota Statutes, chapter 115A, or contemplated sale or
lease of any of the facilities or their work product to a
private person, after the county or solid waste management
district has incurred the costs of the facilities or work
product, shall not restrict or limit the use of the proceeds of
the bonds or other obligations.
The county may pledge to the payment of the obligations and
the interest on them,
(a) its full faith, credit, and taxing powers;
(b) the proceeds of any designated tax levies;
(c) the gross or net revenues or charges to be derived from
any facility operated by or for the county;
(d) the proceeds of any anticipating refunding obligations,
state or federal loan or grant, or any sale of the facilities or
their work product;
(e) any other funds of the county; or
(f) any combination of the foregoing.
Taxes levied for the payment of the obligations and
interest shall not reduce the amounts of other taxes which the
county is authorized by law to levy.
The proceeds of the bonds may be used in part to establish
a reserve as further security for the payment of the principal
and interest when due and to pay the cost of interest accruing
on the obligations before six months after the date the
facilities are first placed in service.
Revenue bonds issued pursuant to this section may be sold
at public or private sale upon the conditions the county board
shall determine, but any bonds to which the full faith and
credit and taxing powers of the county are pledged shall be sold
in accordance with Minnesota Statutes, chapter 475. No election
shall be required to authorize the issuance of the obligations,
and the debt limitations of chapter 475 or other law shall not
apply to the obligations. The obligations may mature at a time
or times, and in amounts, as the county board determines.
The county may covenant to refund, to the extent necessary,
any temporary obligations with a term of no more than four
years, in which event the tax which would otherwise be required
by section 475.61, subdivision 1, need not be required. The
interest rate on temporary obligations may be fixed at the time
of sale or be adjusted from time to time based on an index
related to the cost of borrowing, and the price at which the
temporary obligations may be sold may be at any amount
determined most favorable by the county board, but the resulting
composite interest rate may not exceed the rate permitted under
section 475.55.
Except as provided in this section, the obligations shall
be issued and sold in accordance with chapter 475.
Sec. 69. [DISTRICT FORMATION.]
Notwithstanding any contrary provisions of Minnesota
Statutes, section 115A.63, subdivision 3, or other law, Ramsey
and Washington counties, before establishing a waste management
district solely within their boundaries, need not demonstrate
that they are unable to fulfill the purposes of a district
through joint action under Minnesota Statutes, section 471.59.
Sec. 70. [POWERS ADDITIONAL AND SUPPLEMENTAL.]
The powers conferred by sections 68 and 69 are in addition
and supplemental to the powers conferred by any other law or
charter. Insofar as any other law or charter is inconsistent
with sections 68 and 69, the provisions of sections 68 and 69
control as to facilities authorized under those sections.
Sec. 71. Laws 1980, chapter 449, section 3, is amended to
read:
Sec. 3. The city, by resolution of the city council, may
borrow for the payment of capital costs of the system, may
establish and collect from all public and private persons,
including persons operating waste collection and delivery
services, charges for the use and or availability of the
facilities of the system, and. The city may establish charges,
and may levy special assessments upon properties deemed to be
specially benefited by particular facilities, in the same manner
and to the same extent and with the same force and effect as
provided in the case of sewage treatment and disposal systems in
Minnesota Statutes, Sections 115.46 and 444.075, and Chapter 429
, as far as practicable. Charges for availability of facilities
may be established on any equitable basis including the cost of
furnishing the facilities. An election shall not be required
upon the issuance of general obligation bonds or the incurring
of any lease or purchase obligation for this purpose except as
provided in section 4, and the bonds or other obligations shall
not be included in computing the net debt of the city within the
meaning of Minnesota Statutes, Chapter 475, but all special
assessments levied for improvements to the system and all net
revenues derived from charges for the use and availability of
the system, in excess of current operating costs, shall be
pledged for the payment of the bonds or obligations and
interest, and the city council shall endeavor to establish and
collect charges sufficient to provide net revenues, with
collections of special assessments, at least equal to the total
debt service.
Sec. 72. [REPEALER.]
Minnesota Statutes 1982, sections 115A.23; 115A.27,
subdivision 1; 116.07, subdivision 4c; and 116.41, subdivisions
1 and 1a, are repealed.
Sec. 73. [APPLICATION.]
Sections 46 to 67 are effective in the counties of Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. Section
71 is effective in the city of Austin in Mower County.
Sec. 74. [EFFECTIVE DATE.]
Sections 1 to 67, 72, and 73 are effective the day
following final enactment. Sections 68 to 70 are effective the
day after compliance with Minnesota Statutes, section 645.021,
subdivision 3, by the governing bodies of both Ramsey and
Washington counties. Section 71 is effective the day after
compliance with Minnesota Statutes, section 645.021, subdivision
3, by the governing body of the city of Austin.
Approved June 14, 1983
Official Publication of the State of Minnesota
Revisor of Statutes