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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1984 

                        CHAPTER 644-H.F.No. 1577 
           An act relating to solid and hazardous waste 
          management; amending various provisions of the waste 
          management act; prescribing various powers and duties 
          of the waste management board and the pollution 
          control agency relating to hazardous waste management 
          planning and the development of hazardous waste 
          facilities; establishing programs for public 
          education, technical and research assistance to 
          generators, and grants for hazardous waste reduction 
          and processing and collection facilities; requiring 
          requests for proposals for hazardous waste processing 
          and collection facilities; authorizing hazardous waste 
          processing facility loans; prescribing procedures for 
          the designation of solid waste facilities by counties 
          and waste management districts; reducing the number of 
          proposed sites in certain metropolitan counties for 
          mixed municipal solid waste disposal facilities; 
          amending various provisions relating to county and 
          metropolitan solid waste management; appropriating 
          money; amending Minnesota Statutes 1982, sections 
          115A.03, subdivisions 15 and 28; 115A.06, by adding a 
          subdivision; 115A.08, by adding a subdivision; 
          115A.09, by adding a subdivision; 115A.11; 115A.18; 
          115A.24; 115A.46, subdivisions 1 and 2; 115A.70, by 
          adding a subdivision; 116.07, by adding subdivisions; 
          116J.88, by adding a subdivision; 290.06, by adding 
          subdivisions; 400.04, subdivision 3; 400.162; 473.181, 
          subdivision 4; 473.801, subdivisions 1 and 4; 473.803, 
          subdivision 3, and by adding a subdivision; 473.811, 
          subdivision 10; and 473.833, subdivision 4; Minnesota 
          Statutes 1983 Supplement, sections 115A.08, 
          subdivision 5; 115A.21, subdivision 1, and by adding a 
          subdivision; 115A.22, subdivisions 1 and 4; 115A.241; 
          115A.25, subdivisions 1, 1a, and 1b; 115A.26; 115A.27, 
          subdivision 2; 115A.28, subdivision 1; 115A.291; 
          115B.22, subdivision 1; 116J.90, by adding a 
          subdivision; 297A.25, subdivision 1; 473.149, 
          subdivisions 2d and 2e; 473.803, subdivision 1b; 
          473.823, subdivision 6; and 473.831; proposing new law 
          coded in Minnesota Statutes, chapters 115A and 473; 
          repealing Minnesota Statutes 1982, sections 115A.071; 
          115A.46, subdivision 3; 115A.70, subdivisions 1, 2, 4, 
          5, and 6; 473.827; and Minnesota Statutes 1983 
          Supplement, section 115A.70, subdivisions 3 and 7.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 115A.03, 
subdivision 15, is amended to read: 
    Subd. 15.  "Intrinsic suitability" of a land area or site 
means that, based on existing data on the inherent and natural 
attributes, physical features, and location of the land area or 
site, there is no known reason why the waste facility proposed 
to be located in the area or site cannot reasonably be expected 
to qualify for permits in accordance with agency rules.  Agency 
certification of intrinsic suitability shall be based on data 
submitted to the agency by the proposing entity and data 
included by the hearing examiner in the record of any public 
hearing on recommended certification, and applied against 
criteria in agency rules and any additional criteria developed 
by the agency in effect at the time the proposing entity submits 
the site for certification.  
    In the event that all candidate sites selected by the board 
before the effective date of this section are eliminated from 
further consideration and a new search for candidate sites is 
commenced, "intrinsic suitability" of a land area or site shall 
mean that, because of the inherent and natural attributes, 
physical features, and location of the land area or site, the 
waste facility proposed to be located in the area or site would 
not be likely to result in material harm to the public health 
and safety and natural resources and that therefore the proposed 
facility can reasonably be expected to qualify for permits in 
accordance with agency rules.  
    Sec. 2.  Minnesota Statutes 1982, section 115A.03, 
subdivision 28, is amended to read: 
    Subd. 28.  "Resource recovery facility" means a waste 
facility established and used primarily for resource recovery, 
including related and appurtenant facilities such as 
transmission facilities and transfer stations primarily serving 
the resource recovery facility. 
    Sec. 3.  Minnesota Statutes 1982, section 115A.06, is 
amended by adding a subdivision to read: 
    Subd. 5a.  [ACQUISITION OF EASEMENTS.] If the board 
determines that any activity deemed necessary to accomplish its 
purposes under subdivision 5 constitutes a substantial 
interference with the possession, enjoyment, or value of the 
property where the activity will take place, the board may 
acquire a temporary easement interest in the property that 
permits the board to carry out the activity and other activities 
incidental to the accomplishment of the same purposes.  The 
board may acquire temporary easement interests under this 
subdivision by purchase, gift, or condemnation.  The right of 
the board to acquire a temporary easement is subject to the same 
requirements and may be exercised with the same authority as 
provided for acquisition of property interests by the 
commissioner of administration under subdivision 4.  
    Sec. 4.  [115A.075] [LEGISLATIVE POLICY AGAINST DISPOSAL OF 
HAZARDOUS WASTE.] 
    The legislature finds that hazardous waste must be managed 
in a manner that protects the health, safety, and welfare of the 
citizens of the state and protects and conserves the state's 
natural resources and environment; that reduction of the amount 
of waste generated and processing, treatment, separation, and 
resource recovery are the preferred methods to manage hazardous 
waste; and that disposal of hazardous waste should be used only 
as a last resort when all other management methods are 
ineffective, and then only if an environmentally suitable site 
can be identified in the state.  
    The board, in its planning, facility approval, and other 
activities related to hazardous waste shall give first priority 
to eliminating the generation of hazardous waste and eliminating 
or reducing the hazardous character of the waste generated in 
the state through processing, treatment, separation, and 
resource recovery.  
    Sec. 5.  Minnesota Statutes 1983 Supplement, section 
115A.08, subdivision 5, is amended to read: 
    Subd. 5.  [REPORT ON MITIGATION OF LOCAL EFFECTS OF 
HAZARDOUS WASTE FACILITIES.] With the report required by 
subdivision 4, The board through its chairperson shall issue a 
report and make recommendations 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 
must 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.  The recommendations on processing 
facilities must be made with the report required by subdivision 
4.  The recommendations on disposal facilities must be made with 
the report required by section 6.  
    Sec. 6.  Minnesota Statutes 1982, section 115A.08, is 
amended by adding a subdivision to read: 
    Subd. 5b.  [REPORT ON NEED AND FEASIBILITY OF HAZARDOUS 
WASTE DISPOSAL FACILITIES.] The board through its chairperson 
shall issue a report on the estimate of need and the economic 
feasibility analysis required by section 115A.24.  The report 
must be issued before the hearing required by section 115A.27. 
The board through its chairperson shall issue an interim report 
by February 1, 1985, on the research on need and economic 
feasibility.  
    Sec. 7.  Minnesota Statutes 1982, section 115A.09, is 
amended by adding a subdivision to read: 
    Subd. 5.  [INCLUSION OF VOLUNTEER SITES.] The owner of 
property that may be a suitable location for a hazardous waste 
processing facility may apply to the board for inclusion of the 
property in the inventory of preferred areas.  If the board 
accepts the application, the property must be evaluated as 
provided in subdivision 2.  If the board determines that the 
property is suitable as a preferred area, it may include it in 
the inventory after complying with the procedures provided in 
subdivision 3.  
    Sec. 8.  Minnesota Statutes 1982, section 115A.11, is 
amended to read: 
    115A.11 [HAZARDOUS WASTE MANAGEMENT PLAN.] 
    Subdivision 1.  [CONTENTS REQUIREMENT.] The board shall 
adopt, amend as appropriate, and implement a hazardous waste 
management plan. 
    Subd. 1a.  [POLICY.] In developing and implementing the 
plan, the highest priority of the board shall must be placed 
upon alternatives to land disposal of hazardous wastes including:
technologies to modify industrial processes or introduce new 
processes which that 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.  
    Subd. 1b.  [CONTENTS.] The plan shall must include at least 
the following elements: prescribed in this subdivision.  
    (a) an The plan must estimate of the types and volumes 
quantities of hazardous waste which that will be generated in 
the state through the year 2000;.  
    (b) The plan must set out specific and quantifiable 
objectives for reducing to the greatest feasible and prudent 
extent the need for and practice use of disposal facilities 
located within the state, through waste reduction, pretreatment, 
retrievable storage, processing, and resource recovery;.  
    (c) a description of The plan must estimate the minimum 
disposal capacity and capability needed to be developed within 
required by generators in the state for use through the year 
2000,.  The estimate must be based on the achievement of the 
objectives under clause paragraph (b);.  
    (d) a description of The plan must describe and recommend 
the implementation strategies required to develop the needed 
assure availability of disposal capacity for the types and 
quantities of waste estimated under clause paragraph (c) and to 
achieve the objectives under clause required by paragraph (b), 
including.  The recommendations must address at least the 
following:  the necessary private and government actions; the 
types of facilities and programs required; the availability and 
use of specific facilities outside of the state; development 
schedules for facilities, services, and regulations rules that 
should be established in the state; revenue-raising and 
financing measures; levels of public and private effort and 
expenditure; legal and institutional changes; and other similar 
matters.  
    (e) The plan shall must 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.  
    (f) The plan shall require the establishment in the state 
of at least one commercial retrievable storage or disposal 
facility and shall recommend and encourage must include methods 
and procedures that will insure encourage the establishment of 
at least one facility programs, services, and facilities that 
the board recommends for development in the state for the 
recycling, re-use, recovery, conversion, treatment, destruction, 
transfer, or storage, or disposal, including retrievable 
storage, of hazardous waste. 
     The plan must be consistent with the estimate of need and 
feasibility analysis prepared under section 115A.24, the 
analysis provided in the phase I environmental impact statement 
determined to be adequate under section 115A.25, subdivision 1a, 
and the decisions made by the board under sections 115A.28 and 
115A.291.  
    The board may make the implementation of elements of the 
plan contingent on actions of the legislature which that have 
been recommended in the draft plan and certification of need and 
considered in the reports submitted pursuant to section 115A.08. 
    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 are not be subject to the rule-making or 
contested case provisions of chapter 14.  Before revising the 
draft plan prepared under subdivision 3 or amending its adopted 
plan, the board shall provide notice and hold a public hearing 
in a manner consistent with the procedure followed by the board 
in the hearings on the draft plan, as provided in subdivision 3 
and approved by the legislative commission.  
    Subd. 3.  [PREPARATION OF DRAFT PLAN.] By July 1, 1983, the 
chairman chairperson of the board shall report to the 
legislative commission on waste management about the hearing to 
be held pursuant to this subdivision.  The chairman chairperson 
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.  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 within 30 days of their its issuance.  
Notices of the draft plan and the draft certificate or 
certificates and notice of the hearing shall must 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 must be ordered by the chairperson of the board and shall 
must 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 may 
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 is 
based and shall 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 plan 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 that the report recommends 
should not be certified accepted 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 that 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 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. 9.  [115A.152] [TECHNICAL AND RESEARCH ASSISTANCE TO 
GENERATORS.] 
    Subdivision 1.  [PURPOSES.] The board shall provide for the 
establishment of a technical and research assistance program for 
generators of hazardous waste in the state.  The program must be 
designed to assist generators in the state to obtain information 
about management of hazardous wastes, to identify and apply 
methods of reducing the generation of hazardous wastes, to 
facilitate improved management of hazardous waste and compliance 
with hazardous waste regulations, and for other similar 
purposes.  The program must emphasize assistance to smaller 
businesses that have inadequate technical and financial 
resources for obtaining information, assessing waste management 
methods, and developing and applying waste reduction techniques. 
Information and techniques developed under this program must be 
made available through the program to all generators in the 
state.  
    Subd. 2.  [ASSISTANCE.] The assistance program must include 
at least the following elements:  
    (a) outreach programs including on-site consultation at 
locations where hazardous waste is generated, seminars, 
workshops, training programs, and other similar activities 
designed to assist generators to evaluate their hazardous waste 
generation and management practices, identify opportunities for 
waste reduction and improved management, and identify subjects 
that require additional information and research;  
    (b) a program to assemble, catalog, and disseminate 
information about hazardous waste reduction and management 
methods, available commercial waste management facilities and 
consultant services, and regulatory programs (provided that 
specific questions by generators about interpretation or 
application of waste management rules or regulations should be 
referred to appropriate regulatory agencies);  
    (c) evaluation and interpretation of information needed by 
generators to improve their management of hazardous waste; and 
    (d) informational and technical research to identify 
alternative technical solutions that can be applied by specific 
generators to reduce the generation of hazardous waste.  
    Subd. 3.  [ADMINISTRATION; EVALUATION.] The assistance 
program must be coordinated with other public and private 
programs that provide management and technical assistance to 
smaller businesses and generators of small quantities of 
hazardous waste, including programs operated by public and 
private educational institutions.  The board may make grants to 
a public or private person or association that will establish 
and operate the elements of the program, but the grants must 
require that the assistance be provided at no cost to the 
generators and that the grantees provide periodic reports on the 
improvements in waste management, waste reduction, and 
regulatory compliance achieved by generators through the 
assistance provided.  
    Sec. 10.  [115A.154] [WASTE REDUCTION GRANTS.] 
    Subdivision 1.  [PROPOSALS AND GRANTS.] The board may make 
grants to generators of hazardous waste in the state for studies 
to determine the feasibility of applying specific methods and 
technologies to reduce the generation of hazardous waste. Grants 
may be awarded only on the basis of proposals submitted to the 
board by generators.  The board shall select proposals that 
offer the greatest opportunity to significantly reduce the 
generation of hazardous waste by the generators making the 
proposal and, if applied generally, to significantly reduce the 
generation of hazardous waste in the state.  The significance of 
waste reduction may be measured by the volume of hazardous waste 
that is eliminated or by the reduction in risk to public health 
and safety and the environment that is achieved by the 
reduction.  In awarding grants, the board may consider the 
extent of any financial and technical support that will be 
available from other sources for the study.  The board may adopt 
additional criteria for awarding grants consistent with the 
purposes of this section.  
    Subd. 2.  [LIMITATIONS.] The waste reduction information 
and techniques developed using grants awarded under this section 
must be made available to all generators in the state through 
the technical assistance and research program established under 
section 9.  Grant money awarded under this section may not be 
spent for capital improvements or equipment.  
    Sec. 11.  [115A.156] [WASTE PROCESSING AND COLLECTION 
FACILITIES AND SERVICES; DEVELOPMENT GRANTS.] 
    Subdivision 1.  [PURPOSE.] The board may make grants to 
eligible recipients to determine the feasibility and method of 
developing and operating specific types of commercial facilities 
and services for collecting and processing hazardous waste. 
Grants may be made for:  
    (1) market assessment, including generator surveys;  
    (2) conceptual design and preliminary engineering;  
    (3) financial and business planning necessary to address 
sources of funding, financial security, liability, pricing 
structure, and similar matters necessary to the development and 
proper operation of a facility or service;  
    (4) environmental impact and site analysis, preparation of 
permit applications, and environmental and permit reviews;  
    (5) analysis of methods of overcoming identified technical, 
institutional, legal, regulatory, market, or other constraints; 
and 
    (6) analysis of other factors affecting development, 
operation, and use of a facility or service.  
    Subd. 2.  [ELIGIBILITY.] A person proposing to develop and 
operate specific collection and processing facilities or 
services to serve generators in the state is eligible for a 
grant.  The board may give preference to applications by 
associations of two or more generators in the state proposing to 
develop and operate commercial facilities or services capable of 
collecting or processing their hazardous wastes.  
    Subd. 3.  [PROCEDURE FOR AWARDING GRANTS.] The board may 
establish procedures for awarding grants under this section. The 
procedures for awarding grants shall include consideration of 
the following factors:  
    (1) the need to provide collection and processing for a 
variety of types of hazardous wastes;  
    (2) the extent to which the facility or service would 
provide a significant amount of processing or collection 
capacity for waste generated in the state, measured by the 
volume of waste to be managed, the number and geographic 
distribution of generators to be served, or the reduction of 
risk to public health and safety and the environment achieved by 
the operation of the facility or service;  
    (3) the availability of the facility or service to all 
generators needing the service in the area to be served;  
    (4) the contribution of the facility or service to 
achieving the policies and objectives of the hazardous waste 
management plan;  
    (5) participation by persons with demonstrated experience 
in developing, designing, or operating hazardous waste 
collection or processing facilities or services;  
    (6) the need for assistance from the board to accomplish 
the work;  
    (7) the extent to which a proposal would produce and 
analyze new information; and 
    (8) other factors established by the board consistent with 
the purposes of this section.  
    The board may adopt temporary rules under sections 14.29 to 
14.36 to implement the grant program.  Temporary rules adopted 
by the board remain in effect for 360 days or until permanent 
rules are adopted, whichever occurs first.  
    Subd. 4.  [LIMITATIONS.] A grant may not exceed $50,000. 
The board may award more than one grant for a single proposed 
facility or service if the board finds that results of previous 
studies justify additional work on other aspects of the 
development and operation of the facility or service.  Grant 
money may not be spent for capital improvements or equipment.  
    Subd. 5.  [MATCHING FUNDS REQUIRED.] A recipient other than 
an association of generators in the state must agree to pay at 
least 50 percent of the cost of the study.  An association of 
two or more generators in the state must agree to pay at least 
20 percent of the cost of the study.  
    Sec. 12.  [115A.158] [DEVELOPMENT OF PROCESSING AND 
COLLECTION FACILITIES AND SERVICES; REQUESTS FOR PROPOSALS.] 
    Subdivision 1.  [REQUEST BY BOARD; CONTENTS OF PROPOSAL.] 
The board through its chairperson shall request proposals for 
the development and operation of specific types of commercial 
hazardous waste processing and collection facilities and 
services that offer the greatest possibility of achieving the 
policies and objectives of the waste management plan including 
the goal of reducing to the greatest extent feasible and prudent 
the need for and practice of disposal.  The proposals must 
contain at least the following information:  
    (1) the technical, managerial, and financial qualifications 
and experience of the proposer in developing and operating 
facilities and services of the type proposed;  
    (2) the technical specifications of the proposed facility 
or service including the process that will be used, the amount 
and types of hazardous waste that can be handled, the types, 
volume, and proposed disposition of any residuals, and a 
description of anticipated adverse environmental effects;  
    (3) the requirements of the site or sites needed to develop 
and operate the facility or service and the likelihood that a 
suitable site or sites will be available for the facility or 
service;  
    (4) projections of the costs and revenues of the facility 
or service, the types and numbers of generators who will use it, 
and the fee structure and estimated user charges necessary to 
make the facility or services economically viable;  
    (5) the schedule for developing and commencing operation of 
the facility or service; and 
    (6) the financial, technical, institutional, legal, 
regulatory, and other constraints that may hinder or prevent the 
development or operation of the facility or service and the 
actions that could be taken by state and local governments or by 
the private sector to overcome those constraints.  
    The information provided in the proposal must be based on 
current and projected market conditions, hazardous waste 
streams, legal and institutional arrangements, and other 
circumstances specific to the state.  
    Subd. 2.  [PROCEDURE; EVALUATION; REPORT.] In requesting 
proposals, the board shall inform potential developers of the 
assistance available to them in siting and establishing 
hazardous waste processing and collection facilities and 
services in the state including the availability of sites listed 
on the board's inventory of preferred areas for hazardous waste 
processing facilities, the authority of the board to acquire 
sites and order the establishment of facilities in those areas, 
the policies and objectives of the hazardous waste management 
plan, and the availability of information developed by the board 
on hazardous waste generation and management in the state.  
    The board shall evaluate the proposals received in response 
to its request and determine the extent to which the proposals 
demonstrate the qualifications of the developers, the technical 
and economic feasibility of the proposed facility or service, 
and the extent to which the proposed facility or service will 
contribute in a significant way to the achievement of the 
policies and objectives of the hazardous waste management plan.  
    The board shall report to the legislative commission on the 
proposals that it has received and evaluated, and on the 
legislative, regulatory, and other actions needed to develop and 
operate the proposed facilities or services.  
    Subd. 3.  [TIME FOR PROPOSALS.] The board shall issue the 
first round of requests under this section by June 1, 1984.  The 
first round proposals must be returned to the board by November 
1, 1984.  The board shall submit its report on these proposals 
to the legislative commission by January 1, 1985.  The board may 
issue additional requests in 1985 and in future years.  
    Sec. 13.  [115A.159] [DEVELOPMENT OF HAZARDOUS WASTE 
COLLECTION AND TRANSPORTATION SERVICES.] 
    The board through its chairperson shall request, pursuant 
to the first round of requests under section 12, proposals for 
the development and operation of a system of commercial 
collection and transportation services for hazardous waste 
especially designed to serve smaller businesses and generators 
of small quantities of hazardous waste that have difficulty 
securing effective and reliable collection and shipment services 
and acceptance of wastes at appropriate waste facilities.  The 
board's request under this section should require proposals 
containing at least the following elements:  
    (1) a collection service;  
    (2) assistance to clients about on-site waste management;  
    (3) a shipping coordination service, which may include 
transfer and temporary storage and bulking facilities and 
computerized inventory tracking capabilities, as the proposer 
deems appropriate and necessary to provide efficient and 
reliable combined shipment of wastes from generators to 
processing and disposal facilities;  
    (4) a brokerage service to ensure acceptance of wastes at 
appropriate processing and disposal facilities;  
    (5) recommendations on the utility of local or regional 
associations of generators to increase the efficiency and 
reliability of the services; and 
    (6) recommendations on processing facilities, including 
mobile modular processing units, that would complement the 
collection and transportation system.  
    The board's request must require proposals that offer the 
delivery of services in stages commencing no later than July 1, 
1985.  The board should specify or require specification of 
immediate and staged performance standards for the services 
proposed, which may include standards relating to the volume and 
types of waste, the number and geographic distribution of 
generators served, accessibility, the percent of total waste and 
generators served, and other appropriate matters.  After 
evaluating proposals received in response to its request, the 
board may select a proposer as the recipient of a development 
grant under section 11.  Notwithstanding the provisions of 
section 11, subdivisions 4 and 5, on the amount of the grant and 
the required match, the grant made under this section may be up 
to $350,000 and may not require a match greater than ten percent 
of the grant award.  
    Sec. 14.  [115A.162] [HAZARDOUS WASTE PROCESSING FACILITY 
LOANS.] 
    The board shall review applications for hazardous waste 
processing facility loans received by the economic development 
authority and forwarded to the board under section 51.  The 
board may certify a loan application only if it determines that: 
    (1) the applicant has demonstrated that the proposed 
facility is technically feasible;  
    (2) the applicant has made a reasonable assessment of the 
market for the services offered by the proposed facility;  
    (3) the applicant has agreed to provide funds for the 
proposed facility in an amount equal to at least 25 percent of 
the capital cost of the facility excluding land acquisition cost;
    (4) the applicant has agreed to pay the cost of any land 
acquisition necessary to develop the facility; and 
    (5) the facility will contribute in a significant way to 
achievement of the policies and objectives of the hazardous 
waste management plan and, in particular, to reduce the need for 
and practice of hazardous waste disposal.  
    As a condition of its certification the board may require 
an applicant to agree to provide funds in excess of 25 percent 
of the capital cost of the facility in addition to any land 
acquisition costs.  In certifying an application or in 
determining the share of the capital costs that will be provided 
by the loan, the board may consider the types and volumes of 
hazardous waste that will be handled by the facility, the number 
of generators served by the facility, and the extent to which 
the facility serves the need of smaller businesses that generate 
hazardous waste.  The board may establish additional criteria 
for certifying loan applications consistent with the provisions 
of this section.  
    The board may adopt temporary rules under sections 14.29 to 
14.36 to implement the loan program.  Temporary rules adopted by 
the board remain in effect for 360 days or until permanent rules 
are adopted, whichever occurs first.  
    Sec. 15.  [115A.165] [EVALUATION OF PROGRAMS; REPORT.] 
    By November 1, 1986, the board shall evaluate the extent to 
which the programs provided in sections 9 to 14 have contributed 
to the achievement of the policies and objectives of the 
hazardous waste management plan.  The evaluation must consider 
the amount of waste reduction achieved by generators through the 
technical and research assistance and waste reduction grant 
programs and the progress in reducing the need for and practice 
of disposal achieved through the development grants and the 
request for proposal program.  The board shall report the 
results of its evaluation to the legislative commission with its 
recommendations for further action.  
    Sec. 16.  [115A.17] [HAZARDOUS WASTE, FACILITY 
DEVELOPMENT.] 
     Notwithstanding any other law to the contrary on the 
effective date of this section, the waste management board shall 
suspend all activity under sections 115A.18 to 115A.30 relating 
to the selection and evaluation of locations for hazardous waste 
disposal, except that the reductions in number of sites 
permitted by section 115A.21, subdivision 1, may be effected, 
until the report on the status of processing facilities required 
in this section has been presented to the legislature and the 
legislature has acted affirmatively to reinstate the disposal 
evaluation and siting process.  After June 1, 1985 and before 
December 1, 1985 the waste management board shall prepare a 
status report on hazardous waste processing facilities 
indicating the amount and type of hazardous waste treatment 
residual and untreated material that is expected to require 
disposal.  
    Sec. 17.  Minnesota Statutes 1982, section 115A.18, is 
amended to read: 
    115A.18 [LEGISLATIVE FINDINGS; PURPOSE.] 
    The legislature finds that proper management of hazardous 
waste generated in the state is needed to conserve and protect 
the natural resources in the state and the health, safety, and 
welfare of its citizens, that the establishment of safe 
commercial disposal facilities is in the state may be necessary 
and practicable to properly manage the waste, that this cannot 
be accomplished solely by the activities of private persons and 
political subdivisions acting alone or jointly, and that 
therefore it is necessary to provide a procedure for making 
final determinations on whether commercial disposal facilities 
should be established in the state and on the locations, sizes, 
types, and functions of any such facilities.  
    Sec. 18.  Minnesota Statutes 1983 Supplement, section 
115A.21, subdivision 1, is amended to read: 
    Subdivision 1.  [SELECTION.] The board shall select at 
least four locations more than one location 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.  
    Sec. 19.  Minnesota Statutes 1983 Supplement, section 
115A.21, is amended by adding a subdivision to read: 
    Subd. 1a.  [VOLUNTEER CANDIDATE SITES.] The board may 
select candidate sites under this subdivision in addition to 
sites selected under subdivision 1.  The board may submit a site 
to the agency if the site is proposed as a candidate site by a 
facility operator with the approval of the owners of the site 
and the statutory or home rule charter city or town and county 
in which the site is located.  A location may be selected as a 
candidate site under this subdivision if the agency determines 
and certifies that the site is intrinsically suitable for the 
use intended.  The director of the agency shall identify the 
information needed by the agency to make the determination of 
intrinsic suitability.  The board shall obtain the necessary 
information and provide it to the director.  
    The director of the agency shall make a recommendation to 
the agency board on intrinsic suitability within 30 days after 
receiving the information from the board.  The agency board 
shall make the determination on intrinsic suitability not later 
than the first regular meeting of the agency board held at least 
ten days after the director's recommendation.  
    The decisions of the board and the agency under this 
subdivision are not subject to the contested case or rulemaking 
provisions of chapter 14, or the procedures provided in 
subdivision 2a.  
    Sec. 20.  Minnesota Statutes 1983 Supplement, 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 
plan adopted under section 115A.11, and the certification of 
need estimates and analysis 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. 21.  Minnesota Statutes 1983 Supplement, section 
115A.22, subdivision 4, is amended to read: 
    Subd. 4.  [APPOINTMENT OF TEMPORARY BOARD MEMBERS.] 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 estimates, the 
analysis and the 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 115A.201 and 115A.21.  If 
a local committee fails to appoint a temporary board member 
within 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 as long as 
the location the member represents is a candidate site or, in 
the case of members representing the a 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.24, is 
amended to read: 
    115A.24 [CERTIFICATION OF NEED DISPOSAL FACILITIES; 
ESTIMATE OF NEED; ANALYSIS OF ECONOMIC FEASIBILITY.] 
    Subdivision 1.  [CERTIFICATE ESTIMATE OF NEED FOR DISPOSAL 
FACILITIES.] 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 board shall develop an estimate of the number, 
types, capacity, and function or use of the any hazardous waste 
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.  
    In developing its estimate the board shall:  
    (1) prepare a preliminary estimate of the types and 
quantities of waste generated in the state for which disposal 
will be needed through the year 2000 based to the extent 
practical on data obtained from generators who are likely to use 
the facility;  
    (2) estimate the disposal capacity located outside of the 
state, taking into account the status of facility permits, 
current and planned capacity, and prospective restrictions on 
expansion of capacity;  
    (3) estimate the prospects for the continued availability 
of capacity outside of the state for disposal of waste generated 
in the state;  
    (4) estimate the types and quantities of waste likely to be 
generated as residuals of the commercial hazardous waste 
processing facilities recommended by the board for development 
in the state and for which disposal will be needed, taking into 
account the likely users of the facilities; and 
    (5) compare the indirect costs and benefits of developing 
disposal facilities in the state or relying on facilities 
outside the state to dispose of hazardous waste generated in the 
state, taking into account the effects on business, employment, 
economic development, public health and safety, the environment, 
and the development of collection and processing facilities and 
services in the state.  
    In preparing the estimate, the board shall certify need may 
identify need for disposal 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 may not justify certification an 
estimate of need for disposal nor the rejection of 
alternatives.  Alternatives that are speculative and conjectural 
shall are 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 
115A.291.  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, matters 
determined in the certification shall not be reconsidered except 
as otherwise provided in section 115A.291.  The board and the 
permitting agencies shall be required to make a final decision 
approving the establishment of facilities consistent with the 
certification except as otherwise provided in section 115A.291.  
    Subd. 3.  [RADIOACTIVE WASTE.] The board's certificate 
estimate of need shall not allow the use of a facility for 
disposal of radioactive waste, as defined by section 116C.71, 
subdivision 6. 
    Subd. 4.  [ECONOMIC FEASIBILITY ANALYSIS.] The board shall 
prepare an economic feasibility analysis for disposal facilities 
of the type, capacity, and function or use estimated by the 
board to be needed in the state under subdivision 1.  The 
analysis must be specific to the sites where the facilities are 
proposed to be located.  The analysis must include at least the 
following elements:  
    (1) an estimate of the capital, operating, and other direct 
costs of the facilities and the fee schedules and user charges 
necessary to make the facilities economically viable;  
    (2) an assessment of the other costs of using the disposal 
facilities, such as transportation costs and disposal surcharges;
    (3) an assessment of the market for the facility for waste 
generated in the state, that identifies the generators that 
would use the facility under existing and likely future market 
conditions, describes the methods otherwise available to those 
generators to manage their wastes and the costs of using those 
methods, and establishes the level at which the cost of using 
the proposed facilities would be competitive with the cost of 
using other available methods of waste management;  
    (4) an estimate of the subsidy, if any, needed to make the 
facility competitive for Minnesota generators under existing 
market conditions and the changes in market conditions that 
would increase or lower any subsidy.  
    Sec. 23.  Minnesota Statutes 1983 Supplement, section 
115A.241, is amended to read: 
    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 The board shall request developers 
and operators to submit letters of intent to participate in 
evaluating sites, economic feasibility of disposal facilities, 
and facility specifications.  The letters must be submitted to 
the board within 90 days following the publication of the 
board's draft plan pursuant to section 115A.08, subdivision 4 by 
September 1, 1984.  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, and shall submit an amended report within 60 days 
following the decisions under section 115A.28.  The letters of 
intent and reports shall must be in the form and contain the 
information deemed appropriate by the board. 
    Sec. 24.  Minnesota Statutes 1983 Supplement, section 
115A.25, subdivision 1, is amended to read: 
    Subdivision 1.  [ENVIRONMENTAL IMPACT STATEMENT.] A phased 
environmental impact statement shall must be completed by the 
board and the agency before any permits are issued under section 
115A.291.  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 must be completed 
in two phases as provided in subdivisions 1a and 1b.  
    Sec. 25.  Minnesota Statutes 1983 Supplement, section 
115A.25, subdivision 1a, is amended to read: 
    Subd. 1a.  [PHASE I.] Phase I of the statement shall must 
be completed by the board on the environmental effects of the 
board's decision on sites and facility specifications decisions 
that the board is required to make under section 115A.28.  Phase 
I of the statement shall must not address or reconsider 
alternative sites or facility numbers, types, capacity, 
function, and use which alternatives that have been eliminated 
from consideration by the board's decisions under sections 
115A.201 and 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 must 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. 26.  Minnesota Statutes 1983 Supplement, section 
115A.25, subdivision 1b, is amended to read: 
    Subd. 1b.  [PHASE II.] Phase II of the statement shall must 
be completed by the agency as a supplement to phase I 
specifically for the purpose of examining the environmental 
effects of the any permitting decisions that may be required to 
be made by the permitting agencies under section 115A.291.  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 may not address or reconsider 
alternative sites and facility numbers, types, capacity, 
function, and use which alternatives that have been eliminated 
from consideration by the board's decisions under sections 
115A.201, 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 115A.291.  The 
determination of the adequacy of phase II of the statement is 
exclusively the authority of the agency.  
    Sec. 27.  Minnesota Statutes 1983 Supplement, section 
115A.26, is amended to read: 
    115A.26 [AGENCIES; REPORT ON PERMIT CONDITIONS AND 
APPLICATION REQUIREMENTS.] 
    Within 30 days following the board's determination of the 
adequacy of 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 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 
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 115A.291.  The reports may 
be revised following the hearings under section 115A.27 as the 
chief executive officer deems necessary.  The reports must be 
consistent with the establishment of facilities in accordance 
with the certification of need.  
    Sec. 28.  Minnesota Statutes 1983 Supplement, section 
115A.27, subdivision 2, is amended to read: 
    Subd. 2.  [BOARD HEARINGS.] Within 120 days following the 
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 decisions 
required under section 115A.28.  The hearings shall must be 
ordered by the chairperson of the board.  The subject of the 
board hearing shall may not extend to matters previously decided 
in the board's decision on sites under section sections 115A.201 
and 115A.21 and the certificate of need issued under section 
115A.24.  The record of the hearings must include the estimate 
of need for disposal facilities and the economic feasibility 
analysis prepared under section 115A.24, the phase I 
environmental impact statement, and the reports on permit 
conditions issued under section 115A.26.  The hearing shall must 
be conducted for the board by the state office of administrative 
hearings in a manner consistent with the completion of the 
proceedings in the time allowed.  The proceedings and the 
hearing procedures are not subject to the rule-making or 
contested case provisions of chapter 14.  The hearing officer 
shall may 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. 29.  Minnesota Statutes 1983 Supplement, section 
115A.28, subdivision 1, is amended to read: 
    Subdivision 1.  [DECISION OF BOARD.] Within 60 days 
following the conclusion of the hearings under section 115A.27, 
subdivision 2, and after consulting with private facility 
developers, the permitting agencies, affected local government 
units, and the local project review committees, the board shall 
make the decisions as required by this subdivision.  If the 
board decides that a disposal facility should not be developed 
in the state, it shall dismiss the candidate sites from further 
consideration.  If the board determines and certifies that a 
disposal facility is needed and should be developed in the 
state, the board shall finally select the a site or sites for 
the facilities and the developer and operator of the facility 
and shall prescribe further specifications on and specify the 
number, type, capacity, function, and use of the any facilities 
as the board deems appropriate, consistent with the board's 
certification of need issued under section 115A.24 to be 
established under sections 115A.18 to 115A.30.  Sites that are 
not selected by the board cease to be candidate sites.  If the 
chairperson of the board determines that an agency report on 
permit conditions and application requirements has been 
substantially revised following hearings held pursuant to 
section 115A.27, subdivision 2, the chairperson 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 must 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 reports shall must be considered at one 
hearing.  The board's decision shall provide for the 
establishment of facilities consistent with the board's 
certification of need.  
     The board may not make any final decision under this 
subdivision until the board:  
    (1) determines the current status of and future prospects 
for the final development of commercial hazardous waste 
processing facilities in the state based on the responses to the 
board's requests for proposals, the results of the board's 
processing facility development grant and loan programs, and any 
applications which have been filed for processing facility 
operation permits; and 
    (2) adjusts the estimate of need prepared under section 
115A.24 to reflect the types and quantities of hazardous waste 
likely to be generated as residuals of processing facilities 
based on the board's determination under clause (1).  
    Sec. 30.  Minnesota Statutes 1983 Supplement, section 
115A.291, is amended to read: 
    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 to apply 
for permits under this section.  Within 180 days following its 
final decision decisions under section 115A.28, the board shall 
conclude its analysis of the financial requirements for the 
facility and shall decide whether to submit, or cause to be 
submitted by a developer and operator selected by the board, 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 section 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.  The permits may not allow the use of the facility 
for disposal of radioactive waste, as defined by section 
116C.71, subdivision 6.  
    Sec. 31.  [115A.301] [INDEMNIFICATION FOR CERTAIN DAMAGES 
ARISING FROM DISPOSAL FACILITY.] 
    Subdivision 1.  [INDEMNIFICATION BY OPERATOR; EXCEPTIONS.] 
(a) As a condition of obtaining an agency permit and except as 
provided in paragraph (b), the operator of a hazardous waste 
disposal facility established under sections 115A.18 to 115A.30, 
upon the acceptance of any hazardous waste for disposal, shall 
agree to indemnify any other person for any liability the person 
may have under chapter 115B as a result of a release or 
threatened release of hazardous waste from the disposal facility 
to the extent of the financial responsibility requirement 
established in subdivision 2.  
    (b) The operator is not required to indemnify any person 
for liability to the extent that:  
    (1) the liability is the result of a violation by that 
person of state or federal law that governs the handling, 
transportation, or disposal of hazardous substances;  
    (2) the liability is the result of a negligent act or 
omission of that person with respect to the handling, 
transportation, or disposal of hazardous substances; or 
    (3) the liability is one for which a claim has been or may 
be paid by the Federal Post-Closure Liability Fund under United 
States Code, title 42, section 9607(k).  
    The operator is not required to indemnify any person for 
any claim filed more than 30 years after closure of the disposal 
facility in accordance with agency rules.  
    (c) The operator may intervene as of right in any action 
that may result in a claim for indemnification under this 
subdivision.  
    Subd. 2.  [FINANCIAL RESPONSIBILITY.] (a) As a condition of 
obtaining a permit to operate a hazardous waste disposal 
facility established under sections 115A.18 to 115A.30, the 
operator shall demonstrate financial responsibility to pay 
claims of liability for personal injury, economic loss, response 
costs, and natural resources damage that the operator may incur 
as a result of a release or threatened release of a hazardous 
waste from the facility, including liability for which the 
operator is required to indemnify other persons under 
subdivision 1.  The amount of the operator's financial 
responsibility must be at least $40,000,000.  
    (b) The agency may require a higher level of financial 
responsibility as a condition of a permit for a disposal 
facility depending upon the size of the facility, the location 
of the facility, the types of waste that will be accepted at the 
facility, and other factors affecting the risk of a release and 
potential liability.  The operator may demonstrate financial 
responsibility by any mechanism approved by the agency's 
hazardous waste rules.  The operator shall maintain financial 
responsibility as provided in this subdivision during operation 
of the facility and until 30 years after facility closure in 
accordance with agency rules, provided that the operator shall 
maintain financial responsibility after 30 years in the amount 
and for the time necessary to satisfy any outstanding claims 
filed within 30 years after facility closure.  
    Subd. 3.  [LIABILITY TRUST FUND.] (a) A state facility 
liability trust fund is established as an account in the state 
treasury.  Money in the fund shall be held in trust by the state 
to pay claims of liability resulting from the release or 
threatened release of hazardous waste from a disposal facility 
established under sections 115A.18 to 115A.30, and to purchase 
insurance to pay the claims.  Subject to the limitations 
provided in paragraph (b), the fund and insurance purchased by 
the fund shall pay claims to the extent that the claims are not 
satisfied by the operator of the facility under subdivision 1, 
by the Federal Post-Closure Liability Fund under United States 
Code, title 42, section 9607(k), or by any person, including the 
operator, who is liable for the claim as a result of violation 
of a state or federal law or a negligent act or omission.  
    (b) The state is not obligated to pay any claims in excess 
of the amount of money in the fund and the limits of any 
insurance purchased by the fund.  
    (c) Interest earned by the money in the fund must be 
credited to the fund.  
    Subd. 4.  [DETERMINATION OF AMOUNTS IN FUND.] The board 
shall determine the amount of money that will be needed in the 
state facility liability trust fund to maintain insurance 
coverage for each facility of at least $10,000,000 during the 
operating life of the facility and to accumulate a balance of at 
least $10,000,000 within 20 years after the facility begins 
operation.  The board may require insurance coverage and 
accumulation of a fund balance in amounts greater than those 
provided in this subdivision based upon the factors that the 
agency must consider in establishing the level of financial 
responsibility under subdivision 2 and the amount of claims for 
which the fund is likely to be liable under subdivision 3. Based 
on the amounts required to purchase insurance and accumulate the 
fund balance, the board shall establish a surcharge amount to be 
collected under subdivision 5.  The board may adjust the amount 
of the surcharge based on the actual quantities of waste 
received at the facility.  Determinations by the board under 
this subdivision are subject to the rulemaking provisions of 
chapter 14.  
    Subd. 5.  [DISPOSAL SURCHARGE.] A surcharge must be paid 
for every ton or part of a ton of hazardous waste accepted for 
disposal at a facility.  The operator shall collect and hold the 
surcharge in a separate account.  By the first day of each 
month, the operator shall pay any money in this account to the 
commissioner of finance for credit to the state facility 
liability trust fund.  
    Subd. 6.  [ADMINISTRATION.] (a) The commissioner of finance 
shall administer the state facility liability trust fund.  Money 
in the fund is appropriated to the commissioner of finance for 
expenditure as provided in subdivision 3.  The commissioner 
shall establish separate accounts in the fund for purchase of 
insurance and for accumulation of a fund balance as required by 
the board under subdivision 4.  After closure of the facility in 
accordance with agency rules, the commissioner shall consolidate 
the two accounts and may use any interest income from the fund 
to purchase insurance to pay claims for which the fund may be 
liable.  
    (b) The commissioner, in consultation with the attorney 
general, may settle any claims that the fund may be required to 
pay.  If two or more claims are made against the fund, the 
amount of which would exceed the amount in the fund, the 
commissioner shall pay any valid claims on a pro rata basis. The 
commissioner, on behalf of the fund, may intervene as of right 
in an action that may result in a claim against the fund.  
    Subd. 7. [RIGHTS PRESERVED.] Nothing in this section 
affects the right of any person to bring an action under any law 
to recover costs or damages arising out of the release or 
threatened release of a hazardous substance from a disposal 
facility established under sections 115A.18 to 115A.30.  Any 
costs or damages recoverable in such an action shall be reduced 
to the extent that the costs or damages have been paid under 
subdivisions 1 to 3. 
    Sec. 32.  Minnesota Statutes 1982, section 115A.46, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GENERAL.] Plans shall address the state 
policies and purposes expressed in section 115A.02.  Plans for 
the location, establishment, operation, maintenance, and 
post-closure use of facilities and facility sites, for 
ordinances, and for licensing, permit, and enforcement 
activities shall be consistent with the rules adopted by the 
agency pursuant to chapter 116.  Plans shall address the 
resolution of conflicting, duplicative, or overlapping local 
management efforts.  Plans shall address the establishment of 
joint powers management programs or waste management districts 
where appropriate.  Plans proposing a designation of resource 
recovery facilities pursuant to sections 115A.70 and 400.162 
shall be submitted to the waste management board for review and 
approval or disapproval.  The review shall be based on whether 
the plans conform to the requirements of this section.  The 
board may require revision of a plan as a condition of its 
approval.  Plans shall address other matters as the rules of the 
agency may require consistent with the purposes of sections 
115A.42 to 115A.46.  Political subdivisions preparing plans 
under sections 115A.42 to 115A.46 shall consult with persons 
presently providing solid waste collection, processing, and 
disposal services.  Plans prepared by local units of government 
in the metropolitan area shall conform to the requirements of 
chapter 473 shall be approved by the agency, or the metropolitan 
council pursuant to section 473.803.  After initial approval, 
each plan shall be updated every five years and revised as 
necessary for further approval.  
    Sec. 33.  Minnesota Statutes 1982, section 115A.46, 
subdivision 2, is amended to read: 
    Subd. 2.  [CONTENTS.] The plans shall describe existing 
collection, processing, and disposal systems, including 
schedules of rates and charges, financing methods, environmental 
acceptability, and opportunities for improvements in the 
systems.  The plans shall include an estimate of the land 
disposal capacity in acre-feet which will be needed through the 
year 2000, on the basis of current and projected waste 
generation practices.  The plans shall contain an assessment of 
opportunities to reduce the need for land disposal through waste 
reduction and resource recovery, the alternative degrees of 
reduction achievable, and The plans shall require the most 
feasible and prudent reduction of the need for and practice of 
land disposal of mixed municipal solid waste.  The plans shall 
address at least waste reduction, separation, and resource 
recovery, and shall include objectives, immediately and over 
specified time periods, for reducing the land disposal of mixed 
municipal solid waste.  The plans shall describe specific 
functions to be performed and activities to be undertaken to 
achieve the abatement objectives and shall describe the 
estimated cost, proposed manner of financing, and timing of the 
functions and activities.  The plans shall include a comparison 
of the costs of alternatives the activities to be undertaken, 
including capital and operating costs, and the effects of the 
alternatives activities on the cost to generators and on persons 
currently providing solid waste collection, processing, and 
disposal services.  The plans shall include alternatives which 
could be used to achieve the abatement objectives if the 
proposed functions and activities are not established.  The 
plans shall designate how public education shall be 
accomplished.  The plans shall, to the extent practicable and 
consistent with the achievement of other public policies and 
purposes, encourage ownership and operation of solid waste 
facilities by private industry.  For solid waste facilities 
owned or operated by public agencies or supported primarily by 
public funds or obligations issued by a public agency, the plans 
shall include criteria and standards to protect comparable 
private and public facilities already existing in the area from 
displacement unless the displacement is required in order to 
achieve the waste management objectives identified in the plan.  
The plans shall establish a siting procedure and development 
program to assure the orderly location, development, and 
financing of new or expanded solid waste facilities and services 
sufficient for a prospective ten-year period, including 
estimated costs and implementation schedules, proposed 
procedures for operation and maintenance, estimated annual costs 
and gross revenues, and proposals for the use of facilities 
after they are no longer needed or usable.  The plans shall 
describe existing and proposed county and municipal ordinances 
and license and permit requirements relating to solid waste 
management and shall describe existing and proposed regulation 
and enforcement procedures.  
    Sec. 34.  Minnesota Statutes 1982, section 115A.70, is 
amended by adding a subdivision to read: 
    Subd. 8.  [AUTHORITY.] A waste management district 
possessing designation authority in its articles of 
incorporation may be authorized to designate a resource recovery 
facility under sections 35 to 44.  
    Sec. 35.  [115A.80] [DESIGNATION OF RESOURCE RECOVERY 
FACILITIES; PURPOSE.] 
    In order to further the state policies and purposes 
expressed in section 115A.02, and to advance the public purposes 
served by resource recovery, the legislature finds and declares 
that it may be necessary pursuant to sections 35 to 44 to 
authorize a qualifying solid waste management district or county 
to designate a resource recovery facility.  
    Sec. 36.  [115A.81] [DEFINITIONS.] 
    Subdivision 1.  [SCOPE.] The terms used in sections 35 to 
44 have the meanings given them in this section.  
    Subd. 2.  [DESIGNATION.] "Designation" means a requirement 
by a waste management district or county that all or any portion 
of the solid waste that is generated within its boundaries or 
any service area thereof and is deposited within the state be 
delivered to a resource recovery facility identified by the 
district or county.  
    Sec. 37.  [115A.82] [ELIGIBILITY.] 
    Facilities may be designated under sections 35 to 44 by (1) 
a solid waste management district established pursuant to 
sections 115A.62 to 115A.72 and possessing designation authority 
in its articles of incorporation; or (2) a county, but only for 
waste generated outside of the boundaries of a district 
qualifying under clause (1) or the Western Lake Superior 
Sanitary District established by Laws 1971, chapter 478, as 
amended.  
    Sec. 38.  [115A.83] [EXEMPTION.] 
    The designation may not apply to or include: (1) materials 
that are separated from solid waste and recovered for reuse in 
their original form or for use in manufacturing processes; or 
(2) materials that are processed at another resource recovery 
facility at the capacity in operation at the time that the 
designation plan is approved by the reviewing authority.  
    Sec. 39.  [115A.84] [DESIGNATION PLAN.] 
    Subdivision 1.  [REQUIREMENT.] Before commencing the 
designation procedure under section 40, the district or county 
shall adopt a comprehensive solid waste management plan or, 
under chapter 473, a master plan.  The comprehensive or master 
plan must include a plan for designation approved under this 
section.  
    Subd. 2.  [DESIGNATION; PLAN CONTENTS.] (a) The designation 
plan must evaluate (1) the benefits of the designation, 
including the public purposes achieved by the conservation and 
recovery of resources, the furtherance of local and any district 
or regional waste management plans and policies, and the 
furtherance of the state policies and purposes expressed in 
section 115A.02; and (2) the estimated costs of the designation, 
including the direct capital, operating, and maintenance costs 
of the facility designated, the indirect costs, and the 
long-term effects of the designation.  
    (b) In particular the designation plan must evaluate:  
    (1) whether the designation will result in the recovery of 
resources or energy from materials which would otherwise be 
wasted;  
    (2) whether the designation will lessen the demand for and 
use of land disposal;  
    (3) whether the designation is necessary for the financial 
support of the facility;  
    (4) whether less restrictive methods for ensuring an 
adequate solid waste supply are available; and 
    (5) other feasible and prudent waste processing 
alternatives for accomplishing the purposes of the proposed 
designation, the direct and indirect costs of the alternatives, 
including capital and operating costs, and the effects of the 
alternatives on the cost to generators.  
    Subd. 3.  [PLAN APPROVAL.] A district or county planning a 
designation for waste generated wholly within the metropolitan 
area defined in section 473.121 shall submit its designation 
plan to the metropolitan council for review and approval or 
disapproval.  Other districts or counties shall submit the 
designation plan to the waste management board for review and 
approval or disapproval.  The reviewing authority shall complete 
its review and make its decision within 90 days following 
submission of the plan for review.  The reviewing authority 
shall approve the designation plan if the plan satisfies the 
requirements of subdivision 2.  
     Subd. 4.  [EXCLUSION OF CERTAIN MATERIALS.] When it 
approves the designation plan, the reviewing authority shall 
exclude from the designation materials that the reviewing 
authority determines will be processed at another resource 
recovery facility if: 
    (1) the other resource recovery facility is substantially 
completed or will be substantially completed within 18 months of 
the time that the designation plan is approved by the reviewing 
authority; and 
    (2) the other facility has or will have contracts for 
purchases of its product; and 
    (3) the materials are or will be under contract for 
delivery to the other facility at the time the other facility is 
completed.  
    In order to qualify for the exclusion of materials under 
this subdivision, the operator or owner of the other resource 
recovery facility shall file with the reviewing authority and 
the district or county or counties a written description of the 
facility, its intended location, its waste supply sources, 
purchasers of its products, its design capacity and other 
information that the reviewing authority and the district or 
county or counties may reasonably require.  The information must 
be filed as soon as it becomes available but not later than the 
date when the county or district submits its designation plan 
for approval.  
    The reviewing authority may revoke the exclusion granted 
under this subdivision when it approves the designation 
ordinance under section 41 if in its judgment the excluded 
materials will not be processed at the other facility.  
    Sec. 40.  [115A.85] [PROCEDURE.] 
    Subdivision 1.  [REQUIREMENT.] A district or county with an 
approved designation plan shall proceed as provided in this 
section when designating facilities.  A district need not repeat 
the designation procedures in this section to the extent that 
the 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.  
    Subd. 2.  [HEARING.] The district or county shall hold a 
public hearing to take testimony on the designation.  Notice of 
the hearing must be published in a newspaper of general 
circulation in the area for two successive weeks ending at least 
15 days before the date of the hearing and must be mailed to 
political subdivisions, landfill operators, and licensed solid 
waste collectors who may be expected to use the facility.  The 
notification must:  (1) describe the area in which the 
designation will apply and the plans for the use of the solid 
waste; (2) specify the point or points of delivery of the solid 
waste; (3) estimate the types and quantities of solid waste 
subject to the designation; and (4) estimate the fee to be 
charged for the use of the facilities and for any products of 
the facilities.  A designation or contract for use is not 
invalid by reason of the failure of the district or county to 
provide written notice to an entity listed in this subdivision.  
    Subd. 3.  [NEGOTIATED CONTRACTS FOR USE.] During a period 
of 90 days following the hearing, the district or county shall 
negotiate with the persons entitled to written notice under 
subdivision 2 for the purpose of developing contractual 
agreements that will require use of the facilities proposed to 
be designated.  
    Subd. 4.  [DESIGNATION DECISION.] At the end of the 90-day 
contract negotiation period the district or county may proceed 
to secure approval for and implement the designation as provided 
in section 41.  
    Sec. 41.  [115A.86] [IMPLEMENTATION OF DESIGNATION.] 
    Subdivision 1.  [DESIGNATION ORDINANCE.] (a) The district 
or county shall prepare a designation ordinance to implement a 
designation.  The designation ordinance must:  (1) define the 
geographic area and the types and quantities of solid waste 
subject to designation; (2) specify the point or points of 
delivery of the solid waste; (3) require that the designated 
solid waste be delivered to the specified point or points of 
delivery; (4) set out the procedures and principles to be 
followed by the county or district in establishing and amending 
any rates and charges at the designated facility; and (5) state 
any additional regulations governing waste collectors or other 
matters necessary to implement the designation.  
    (b) The designation ordinance must provide an exception 
for:  (1) materials that are exempt or excluded from the 
designation under section 38 or 39, subdivision 4; and (2) 
materials otherwise subject to the designation for which 
negotiated contractual arrangements exist that will require and 
effect the delivery of the waste to the facility for the term of 
the contract.  
    Subd. 2.  [APPROVAL.] A district or county whose 
designation applies wholly within the metropolitan area defined 
in section 473.121 shall submit the designation ordinance, 
together with any negotiated contracts assuring the delivery of 
solid waste, to the metropolitan council for review and approval 
or disapproval.  Other districts or counties shall submit the 
designation ordinance, together with any negotiated contracts 
assuring the delivery of solid waste, to the waste management 
board for review and approval or disapproval.  The reviewing 
authority shall complete its review and make its decision within 
90 days following submission of the designation for review.  The 
reviewing authority shall approve the designation if it 
determines that the designation procedure specified in section 
40 was followed and that the designation is based on a plan 
approved under section 39.  The reviewing authority may attach 
conditions to its approval.  
    Subd. 3.  [IMPLEMENTATION.] The designation may be placed 
into effect no less than 60 days following the approval required 
in subdivision 2.  The effective date of the designation must be 
specified at least 60 days in advance.  If the designation is 
not placed into effect within two years of approval, the 
designation must be resubmitted to the reviewing authority for 
approval or disapproval under subdivision 2, unless bonds have 
been issued to finance the resource recovery facility to which 
the designation applies.  
    Subd. 4.  [EFFECT.] The designation is binding on all 
political subdivisions, landfill operators, solid waste 
generators, and solid waste collectors in the designation area.  
    Subd. 5.  [AMENDMENTS.] Amendments to a designation 
ordinance must be submitted to the reviewing authority for 
approval.  The reviewing authority shall approve the amendment 
if the amendment is in the public interest and in furtherance of 
the state policies and purposes expressed in section 115A.02. If 
the reviewing authority does not act within 90 days, the 
amendment is approved.  
    Sec. 42.  [115A.87] [JUDICIAL REVIEW.] 
    An action challenging a designation must be brought within 
60 days of the approval of the designation by the reviewing 
authority.  The action is subject to section 562.02.  
    Sec. 43.  [115A.88] [SERVICE GUARANTEE.] 
    The district or county may not arbitrarily terminate, 
suspend, or curtail services provided to any person required by 
contract or designation ordinance to use designated facilities 
without the consent of the person or without just cause.  
    Sec. 44.  [115A.89] [SUPERVISION OF IMPLEMENTATION.] 
    The reviewing authority shall:  (1) require regular reports 
on the implementation of each designation; (2) periodically 
evaluate whether each designation as implemented has 
accomplished its purposes and whether the designation is in the 
public interest and in furtherance of the state policies and 
purposes expressed in section 115A.02; and (3) report 
periodically to the legislature on its conclusions and 
recommendations.  
    Sec. 45.  [115A.917] [CERTIFICATE OF NEED.] 
    No new capacity for disposal of mixed municipal solid waste 
may be permitted in counties outside the metropolitan area 
without a certificate of need issued by the agency indicating 
the agency's determination that the additional disposal capacity 
is needed in the county.  A certificate of need may not be 
issued until the county has a plan approved under section 
115A.46.  If the original plan was approved more than five years 
before, the agency may require the plan to be revised before a 
certificate of need is issued under this section.  The agency 
shall certify need only to the extent that there are no feasible 
and prudent alternatives to the additional disposal capacity, 
including waste reduction, source separation, and resource 
recovery, that would minimize adverse impact upon natural 
resources.  Alternatives that are speculative or conjectural are 
not feasible and prudent.  Economic considerations alone do not 
justify the certification of need or the rejection of 
alternatives.  
    Sec. 46.  [115A.919] [COUNTY FEE AUTHORITY.] 
    A county may impose a fee on operators of facilities for 
mixed municipal solid waste located within the county.  The fee 
in the metropolitan area may not exceed 25 cents per cubic 
yard.  The revenue from the fees shall be credited to the county 
general fund and shall be used only for landfill abatement 
purposes, or costs of closure, postclosure care, and response 
actions or for purposes of mitigating and compensating for the 
local risks, costs, and other adverse effects of facilities.  
    Waste residue from energy and resource recovery facilities 
at which solid waste is processed for the purpose of extracting, 
reducing, converting to energy, or otherwise separating and 
preparing solid waste for reuse shall be exempt from one-half 
the amount of the fee imposed by a county under this section if 
there is at least an 85 percent volume reduction in the solid 
waste processed.  Before any fee is reduced, the verification 
procedures of section 73, subdivision 1, paragraph (c), must be 
followed and submitted to the appropriate county.  
    Sec. 47.  [115A.921] [CITY OR TOWN FEE AUTHORITY.] 
    A city or town may charge a fee, not to exceed 15 cents per 
cubic yard, or its equivalent, of solid waste accepted and 
disposed of on land, to operators of facilities for mixed 
municipal solid waste located within the city or town.  The 
revenue from the fees shall go to the city or town general fund 
for purposes of mitigating and compensating for the local risks, 
costs, and other adverse effects of facilities.  Waste residue 
from energy and resource recovery facilities at which solid 
waste is processed for the purpose of extracting, reducing, 
converting to energy, or otherwise separating and preparing 
solid waste for reuse shall be exempt from one-half the amount 
of the fee imposed by a city or town under this section if there 
is at least an 85 percent volume reduction in the solid waste 
processed.  Before any fee is reduced, the verification 
procedures of section 73, subdivision 1, paragraph (c), must be 
followed and submitted to the appropriate city or town.  
    Sec. 48.  Minnesota Statutes 1983 Supplement, section 
115B.22, subdivision 1, is amended to read:  
    Subdivision 1.  [TAXES IMPOSED; EXCLUSIONS.] Each generator 
of hazardous waste shall pay the taxes imposed by this section 
based upon the volume and destination of the hazardous wastes 
generated.  The taxes imposed by this section do not apply to 
hazardous wastes destined for recycling or reuse including waste 
accumulated, stored, or physically, chemically, or biologically 
treated before recycling or reuse, to used crankcase oil, to 
hazardous waste which is generated as a result of any response 
action, or to hazardous waste which meets applicable 
pretreatment standards or compliance schedules and is discharged 
to a public sewage treatment works, or to hazardous waste that 
is generated as residue from a hazardous waste incineration 
facility that treats waste subject to taxation under subdivision 
5. 
    Sec. 49.  Minnesota Statutes 1982, section 116.07, is 
amended by adding subdivisions to read:  
    Subd. 4f.  [CLOSURE AND POSTCLOSURE RESPONSIBILITY AND 
LIABILITY.] An operator or owner of a facility is responsible 
for closure of the facility and postclosure care relating to the 
facility.  If an owner or operator has failed to provide the 
required closure or postclosure care of the facility the agency 
may take the actions.  The owner or operator is liable for the 
costs of the required closure and postclosure care taken by the 
agency.  
    Subd. 4g.  [CLOSURE AND POSTCLOSURE RULES.] The agency 
shall adopt rules establishing requirements for the closure of 
solid waste disposal facilities and for the postclosure care of 
closed facilities.  The rules apply to all solid waste disposal 
facilities in operation at the time the rules are effective. The 
rules must provide standards and procedures for closing disposal 
facilities and for the care, maintenance, and monitoring of the 
facilities after closure that will prevent, mitigate, or 
minimize the threat to public health and the environment posed 
by closed disposal facilities.  
    Subd. 4h.  [FINANCIAL RESPONSIBILITY RULES.] The agency 
shall adopt rules requiring the operator or owner of a solid 
waste disposal facility to submit to the agency proof of the 
operator's or owner's financial capability to provide reasonable 
and necessary response during the operating life of the facility 
and for 20 years after closure, and to provide for the closure 
of the facility and postclosure care required under agency 
rules.  Proof of financial responsibility is required of the 
operator or owner of a facility receiving an original permit or 
a permit for expansion after adoption of the rules.  Within 180 
days of the effective date of the rules, proof of financial 
responsibility is required of an operator or owner of a facility 
with a remaining capacity of more than five years or 500,000 
cubic yards that is in operation at the time the rules are 
adopted.  Compliance with the rules is a condition of obtaining 
or retaining a permit to operate the facility.  
    Subd. 4i.  [CIVIL PENALTIES.] The civil penalties of 
section 115.071 apply to any person in violation of the rules 
adopted under subdivision 4g or 4h.  
    Sec. 50.  Minnesota Statutes 1982, section 116J.88, is 
amended by adding a subdivision to read: 
    Subd. 8a.  [HAZARDOUS WASTE PROCESSING FACILITY LOAN.] 
"Hazardous waste processing facility loan" means a loan for the 
acquisition, construction, or improvement of real and personal 
property to be used for the collection or processing of 
hazardous waste as those terms are defined in section 115A.03, 
subdivisions 5, 13, and 25.  
    Sec. 51.  Minnesota Statutes 1983 Supplement, section 
116J.90, is amended by adding a subdivision to read: 
    Subd. 4a.  [HAZARDOUS WASTE PROCESSING FACILITY LOANS.] The 
authority may make, purchase, or participate in making or 
purchasing hazardous waste processing facility loans in any 
amount, and may enter into commitments therefore.  A private 
person proposing to develop and operate a hazardous waste 
processing facility is eligible to apply for a loan under this 
subdivision.  Applications must be made to the authority.  The 
authority shall forward the applications to the waste management 
board for review pursuant to section 14.  If the waste 
management board does not certify the application, the authority 
may not approve the application nor make the loan.  If the waste 
management board certifies the application, the authority shall 
approve the application and make the loan if funds are available 
for it and if the authority finds that:  
    (1) development and operation of the facility as proposed 
by the applicant is economically feasible;  
    (2) there is a reasonable expectation that the principal 
and interest on the loan will be fully repaid; and 
    (3) the facility is unlikely to be developed and operated 
without a loan from the authority.  
    The authority and the waste management board shall 
establish coordinated procedures for loan application, 
certification, and approval.  
    The authority may use the economic development fund to 
provide financial assistance to any person whose hazardous waste 
processing facility loan application has been certified by the 
waste management board and approved by the authority, and for 
this purpose may exercise the powers granted in section 116J.89, 
subdivision 1a, with respect to any loans made or bonds issued 
under this subdivision regardless of whether the applicant is an 
eligible small business.  
    The authority may issue bonds and notes in the aggregate 
principal amount of $10,000,000 for the purpose of making, 
purchasing, or participating in making or purchasing hazardous 
waste processing facility loans.  This amount is in addition to 
any other authority to issue bonds and notes under chapter 116J. 
    The authority may adopt temporary rules under sections 
14.29 to 14.36 to implement the loan program under this 
subdivision.  Temporary rules adopted by the authority remain in 
effect for 360 days or until permanent rules are adopted, 
whichever occurs first.  
    Sec. 52.  Minnesota Statutes 1982, section 290.06, is 
amended by adding a subdivision to read: 
    Subd. 16.  [RESOURCE RECOVERY EQUIPMENT.] (a) A credit of 
ten percent of the net cost of equipment used for processing 
solid or hazardous waste at a resource recovery facility, as 
defined in section 115A.03, subdivision 28, may be deducted from 
the tax due under this chapter in the taxable year in which the 
property is purchased.  
    (b) If the amount of the credit provided by this 
subdivision exceeds the taxpayer's liability under this chapter 
for the taxable year, the excess may be carried forward to the 
four taxable years following the year of purchase.  
    Sec. 53.  Minnesota Statutes 1982, section 290.06, is 
amended by adding a subdivision to read: 
    Subd. 17.  [POLLUTION CONTROL EQUIPMENT, CREDIT.] (a) A 
credit of five percent of the net cost of equipment used 
primarily to abate or control pollutants to meet or exceed state 
laws, rules, or standards, or equipment used primarily to reduce 
the generation of hazardous waste, to the extent the property is 
so used and which is included in section 290.09, subdivision 7, 
paragraph (A), clause (a), may be deducted from the tax due 
under this chapter in the first year for which a depreciation 
deduction is allowed for the equipment.  The credit allowed by 
this subdivision may not exceed the lesser of the liability for 
tax for the taxable year or $75,000.  The credit shall apply 
only if 
    (1) the equipment meets rules prescribed by the Minnesota 
pollution control agency and is installed or operated in 
accordance with a permit or order issued by the agency; or 
    (2) the pollution control agency certifies that the 
equipment reduces the generation of hazardous waste and that the 
generator is in compliance with applicable hazardous waste laws 
and rules.  
    (b) If the amount of the credit determined under paragraph 
(a) for any taxable year for which a depreciation deduction is 
allowed exceeds the limitation provided by paragraph (a) for the 
taxable year, referred to in this subdivision as the "unused 
credit year," the excess is a credit carryover to each of the 
four taxable years following the unused credit year.  
   (c) The entire amount of the unused credit for an unused 
credit year must be carried to the earliest of the four taxable 
years to which such credit may be carried and then to each of 
the other three taxable years.  The maximum credit allowable in 
any one taxable year under this subdivision including the credit 
allowable under paragraph (a) and the carryforward allowable 
under paragraph (b) and this paragraph shall in no event exceed 
$75,000.  
    Sec. 54.  Minnesota Statutes 1982, section 290.06, is 
amended by adding a subdivision to read: 
    Subd. 18.  [FEEDLOT POLLUTION CONTROL EQUIPMENT.] A credit 
of ten percent of the net cost of pollution control and 
abatement equipment, including but not limited to, lagoons, 
concrete storage pits, slurry handling equipment, and other 
equipment and devices approved by the pollution control agency, 
purchased, installed and operated within the state by a feedlot 
operator to prevent pollution of air, land, or water in 
connection with the operation of a livestock feedlot, poultry 
lot, or other animal lot, may be deducted from the tax due under 
this chapter in the taxable year in which the equipment is 
purchased; provided that no deduction may be taken for any 
portion of the cost of the same equipment pursuant to 
subdivision 16.  
    If the amount of the credit provided by this subdivision 
exceeds the taxpayer's liability for taxes pursuant to chapter 
290 in the taxable year in which the equipment is purchased, the 
excess amount may be carried forward to the four taxable years 
following the year of purchase.  The entire amount of the credit 
not used in the year purchased shall be carried to the earliest 
of the four taxable years to which the credit may be carried and 
then to each of the three successive taxable years.  
    Sec. 55.  Minnesota Statutes 1983 Supplement, section 
297A.25, subdivision 1, is amended to read: 
    Subdivision 1.  The following are specifically exempted 
from the taxes imposed by sections 297A.01 to 297A.44: 
    (a) The gross receipts from the sale of food products 
including but not limited to cereal and cereal products, butter, 
cheese, milk and milk products, oleomargarine, meat and meat 
products, fish and fish products, eggs and egg products, 
vegetables and vegetable products, fruit and fruit products, 
spices and salt, sugar and sugar products, coffee and coffee 
substitutes, tea, cocoa and cocoa products, and food products 
which are not taxable pursuant to section 297A.01, subdivision 
3, clause (c) and which are sold by a retailer, organized as a 
nonprofit corporation or association, within a place located on 
property owned by the state or an agency or instrumentality of 
the state, the entrance to which is subject to an admission 
charge.  This exemption does not include the following:  
    (i) candy and candy products; 
    (ii) carbonated beverages, beverages commonly referred to 
as soft drinks containing less than 15 percent fruit juice, or 
bottled water other than noncarbonated and noneffervescent 
bottled water sold in individual containers of one-half gallon 
or more in size; 
      (b) The gross receipts from the sale of prescribed drugs 
and medicine intended for use, internal or external, in the 
cure, mitigation, treatment or prevention of illness or disease 
in human beings and products consumed by humans for the 
preservation of health, including prescription glasses, 
therapeutic and prosthetic devices, but not including cosmetics 
or toilet articles notwithstanding the presence of medicinal 
ingredients therein; 
      (c) The gross receipts from the sale of and the storage, 
use or other consumption in Minnesota of tangible personal 
property, tickets, or admissions, electricity, gas, or local 
exchange telephone service, which under the Constitution or laws 
of the United States or under the Constitution of Minnesota, the 
state of Minnesota is prohibited from taxing; 
      (d) The gross receipts from the sale of tangible personal 
property (i) which, without intermediate use, is shipped or 
transported outside Minnesota by the purchaser and thereafter 
used in a trade or business or is stored, processed, fabricated 
or manufactured into, attached to or incorporated into other 
tangible personal property transported or shipped outside 
Minnesota and thereafter used in a trade or business outside 
Minnesota, and which is not thereafter returned to a point 
within Minnesota, except in the course of interstate commerce 
(storage shall not constitute intermediate use); provided that 
the property is not subject to tax in that state or country to 
which it is transported for storage or use, or, if subject to 
tax in that other state, that state allows a similar exemption 
for property purchased therein and transported to Minnesota for 
use in this state; except that sales of tangible personal 
property that is shipped or transported for use outside 
Minnesota shall be taxed at the rate of the use tax imposed by 
the state to which the property is shipped or transported, 
unless that state has no use tax, in which case the sale shall 
be taxed at the rate generally imposed by this state; and 
provided further that sales of tangible personal property to be 
used in other states or countries as part of a maintenance 
contract shall be specifically exempt; or (ii) which the seller 
delivers to a common carrier for delivery outside Minnesota, 
places in the United States mail or parcel post directed to the 
purchaser outside Minnesota, or delivers to the purchaser 
outside Minnesota by means of the seller's own delivery 
vehicles, and which is not thereafter returned to a point within 
Minnesota, except in the course of interstate commerce; 
     (e) The gross receipts from the sale of packing materials 
used to pack and ship household goods, the ultimate destination 
of which is outside the state of Minnesota and which are not 
thereafter returned to a point within Minnesota, except in the 
course of interstate commerce; 
     (f) The gross receipts from the sale of and storage, use or 
consumption of petroleum products upon which a tax has been 
imposed under the provisions of chapter 296, whether or not any 
part of said tax may be subsequently refunded; 
     (g) The gross receipts from the sale of clothing and 
wearing apparel except the following: 
     (i) all articles commonly or commercially known as jewelry, 
whether real or imitation; pearls, precious and semi-precious 
stones, and imitations thereof; articles made of, or ornamented, 
mounted or fitted with precious metals or imitations thereof; 
watches; clocks; cases and movements for watches and clocks; 
gold, gold-plated, silver, or sterling flatware or hollow ware 
and silver-plated hollow ware; opera glasses; lorgnettes; marine 
glasses; field glasses and binoculars. 
      (ii) articles made of fur on the hide or pelt, and articles 
of which such fur is the component material or chief value, but 
only if such value is more than three times the value of the 
next most valuable component material. 
      (iii) perfume, essences, extracts, toilet waters, 
cosmetics, petroleum jellies, hair oils, pomades, hair 
dressings, hair restoratives, hair dyes, aromatic cachous and 
toilet powders.  The tax imposed by this act shall not apply to 
lotion, oil, powder, or other article intended to be used or 
applied only in the case of babies. 
      (iv) trunks, valises, traveling bags, suitcases, satchels, 
overnight bags, hat boxes for use by travelers, beach bags, 
bathing suit bags, brief cases made of leather or imitation 
leather, salesmen's sample and display cases, purses, handbags, 
pocketbooks, wallets, billfolds, card, pass, and key cases and 
toilet cases. 
      (h) The gross receipts from the sale of and the storage, 
use, or consumption of all materials, including chemicals, 
fuels, petroleum products, lubricants, packaging materials, 
including returnable containers used in packaging food and 
beverage products, feeds, seeds, fertilizers, electricity, gas 
and steam, used or consumed in agricultural or industrial 
production of personal property intended to be sold ultimately 
at retail, whether or not the item so used becomes an ingredient 
or constituent part of the property produced.  Such production 
shall include, but is not limited to, research, development, 
design or production of any tangible personal property, 
manufacturing, processing (other than by restaurants and 
consumers) of agricultural products whether vegetable or animal, 
commercial fishing, refining, smelting, reducing, brewing, 
distilling, printing, mining, quarrying, lumbering, generating 
electricity and the production of road building materials.  Such 
production shall not include painting, cleaning, repairing or 
similar processing of property except as part of the original 
manufacturing process.  Machinery, equipment, implements, tools, 
accessories, appliances, contrivances, furniture and fixtures, 
used in such production and fuel, electricity, gas or steam used 
for space heating or lighting, are not included within this 
exemption; however, accessory tools, equipment and other short 
lived items, which are separate detachable units used in 
producing a direct effect upon the product, where such items 
have an ordinary useful life of less than 12 months, are 
included within the exemption provided herein; 
      (i) The gross receipts from the sale of and storage, use or 
other consumption in Minnesota of tangible personal property 
(except as provided in section 297A.14) which is used or 
consumed in producing any publication regularly issued at 
average intervals not exceeding three months, and any such 
publication.  For purposes of this subsection, "publication" as 
used herein shall include, without limiting the foregoing, a 
legal newspaper as defined by Minnesota Statutes 1965, section 
331.02, and any supplements or enclosures with or part of said 
newspaper; and the gross receipts of any advertising contained 
therein or therewith shall be exempt.  For this purpose, 
advertising in any such publication shall be deemed to be a 
service and not tangible personal property, and persons or their 
agents who publish or sell such newspapers shall be deemed to be 
engaging in a service with respect to gross receipts realized 
from such newsgathering or publishing activities by them, 
including the sale of advertising.  The term "publication" shall 
not include magazines and periodicals sold over the counter.  
Machinery, equipment, implements, tools, accessories, 
appliances, contrivances, furniture and fixtures used in such 
publication and fuel, electricity, gas or steam used for space 
heating or lighting, are not exempt; 
     (j) The gross receipts from all sales, including sales in 
which title is retained by a seller or a vendor or is assigned 
to a third party under an installment sale or lease purchase 
agreement under section 465.71, of tangible personal property 
to, and all storage, use or consumption of such property by, the 
United States and its agencies and instrumentalities or a state 
and its agencies, instrumentalities and political subdivisions. 
Sales exempted by this clause include sales pursuant to section 
297A.01, subdivision 3, clauses (d) and (f).  This exemption 
shall not apply to building, construction or reconstruction 
materials purchased by a contractor or a subcontractor as a part 
of a lump-sum contract or similar type of contract with a 
guaranteed maximum price covering both labor and materials for 
use in the construction, alteration or repair of a building or 
facility.  This exemption does not apply to construction 
materials purchased by tax exempt entities or their contractors 
to be used in constructing buildings or facilities which will 
not be used principally by the tax exempt entities; 
     (k) The gross receipts from the isolated or occasional sale 
of tangible personal property in Minnesota not made in the 
normal course of business of selling that kind of property, and 
the storage, use, or consumption of property acquired as a 
result of such a sale.  For purposes of this clause, sales by a 
nonprofit organization shall be deemed to be "isolated or 
occasional" if they occur at sale events that have a duration of 
three or fewer consecutive days.  The granting of the privilege 
of admission to places of amusement and the privilege of use of 
amusement devices by a nonprofit organization at an isolated or 
occasional event conducted on property owned or leased for a 
continuous period of more than 30 days by the nonprofit 
organization are also exempt.  The exemption provided for 
isolated sales of tangible personal property and of the granting 
of admissions or the privilege of use of amusement devices by 
nonprofit organizations pursuant to this clause shall be 
available only if the sum of the days on which the organization 
and any subsidiary nonprofit organization sponsored by it that 
does not have a separate sales tax exemption permit conduct 
sales of tangible personal property, plus the days with respect 
to which the organization charges for the use of amusement 
devices or admission to places of amusement, does not exceed 
eight days in a calendar year.  For purposes of this clause, a 
"nonprofit organization" means any corporation, society, 
association, foundation, or institution organized and operated 
exclusively for charitable, religious, or educational purposes, 
no part of the net earnings of which inures to the benefit of a 
private individual; 
     (l) The gross receipts from sales of rolling stock and the 
storage, use or other consumption of such property by railroads, 
freight line companies, sleeping car companies and express 
companies taxed on the gross earnings basis in lieu of ad 
valorem taxes.  For purposes of this clause "rolling stock" is 
defined as the portable or moving apparatus and machinery of any 
such company which moves on the road, and includes, but is not 
limited to, engines, cars, tenders, coaches, sleeping cars and 
parts necessary for the repair and maintenance of such rolling 
stock. 
     (m) The gross receipts from sales of airflight equipment 
and the storage, use or other consumption of such property by 
airline companies taxed under the provisions of sections 270.071 
to 270.079.  For purposes of this clause, "airflight equipment" 
includes airplanes and parts necessary for the repair and 
maintenance of such airflight equipment, and flight simulators. 
     (n) The gross receipts from the sale of telephone central 
office telephone equipment used in furnishing intrastate and 
interstate telephone service to the public. 
      (o) The gross receipts from the sale of and the storage, 
use or other consumption by persons taxed under the in lieu 
provisions of chapter 298, of mill liners, grinding rods and 
grinding balls which are substantially consumed in the 
production of taconite, the material of which primarily is added 
to and becomes a part of the material being processed. 
     (p) The gross receipts from the sale of tangible personal 
property to, and the storage, use or other consumption of such 
property by, any corporation, society, association, foundation, 
or institution organized and operated exclusively for 
charitable, religious or educational purposes if the property 
purchased is to be used in the performance of charitable, 
religious or educational functions, or any senior citizen group 
or association of groups that in general limits membership to 
persons age 55 or older and is organized and operated 
exclusively for pleasure, recreation and other nonprofit 
purposes, no part of the net earnings of which inures to the 
benefit of any private shareholders.  Sales exempted by this 
clause include sales pursuant to section 297A.01, subdivision 3, 
clauses (d) and (f).  This exemption shall not apply to 
building, construction or reconstruction materials purchased by 
a contractor or a subcontractor as a part of a lump-sum contract 
or similar type of contract with a guaranteed maximum price 
covering both labor and materials for use in the construction, 
alteration or repair of a building or facility.  This exemption 
does not apply to construction materials purchased by tax exempt 
entities or their contractors to be used in constructing 
buildings or facilities which will not be used principally by 
the tax exempt entities; 
     (q) The gross receipts from the sale of caskets and burial 
vaults; 
     (r) The gross receipts from the sale of an automobile or 
other conveyance if the purchaser is assisted by a grant from 
the United States in accordance with 38 United States Code, 
section 1901, as amended. 
      (s) The gross receipts from the sale to the licensed 
aircraft dealer of an aircraft for which a commercial use permit 
has been issued pursuant to section 360.654, if the aircraft is 
resold while the permit is in effect. 
      (t) The gross receipts from the sale of building materials 
to be used in the construction or remodeling of a residence when 
the construction or remodeling is financed in whole or in part 
by the United States in accordance with 38 United States Code, 
sections 801 to 805, as amended.  This exemption shall not be 
effective at time of sale of the materials to contractors, 
subcontractors, builders or owners, but shall be applicable only 
upon a claim for refund to the commissioner of revenue filed by 
recipients of the benefits provided in title 38 United States 
Code, chapter 21, as amended.  The commissioner shall provide by 
regulation for the refund of taxes paid on sales exempt in 
accordance with this paragraph. 
      (u) The gross receipts from the sale of textbooks which are 
prescribed for use in conjunction with a course of study in a 
public or private school, college, university and business or 
trade school to students who are regularly enrolled at such 
institutions.  For purposes of this clause a "public school" is 
defined as one that furnishes course of study, enrollment and 
staff that meets standards of the state board of education and a 
private school is one which under the standards of the state 
board of education, provides an education substantially 
equivalent to that furnished at a public school.  Business and 
trade schools shall mean such schools licensed pursuant to 
section 141.25. 
      (v) The gross receipts from the sale of and the storage of 
material designed to advertise and promote the sale of 
merchandise or services, which material is purchased and stored 
for the purpose of subsequently shipping or otherwise 
transferring outside the state by the purchaser for use 
thereafter solely outside the state of Minnesota. 
      (w) The gross receipt from the sale of residential heating 
fuels in the following manner: 
      (i) all fuel oil, coal, wood, steam, propane gas, and L.P.  
gas sold to residential customers for residential use; 
      (ii) natural gas sold for residential use to customers who 
are metered and billed as residential users and who use natural 
gas for their primary source of residential heat, for the 
billing months of November, December, January, February, March 
and April; 
      (iii) electricity sold for residential use to customers who 
are metered and billed as residential users and who use 
electricity for their primary source of residential heat, for 
the billing months of November, December, January, February, 
March and April. 
      (x) The gross receipts from the sale or use of tickets or 
admissions to the premises of or events sponsored by an 
association, corporation or other group of persons which 
provides an opportunity for citizens of the state to participate 
in the creation, performance or appreciation of the arts and 
which qualifies as a tax-exempt organization within the meaning 
of Minnesota Statutes 1980, section 290.05, subdivision 1, 
clause (i). 
    (y) The gross receipts from either the sales to or the 
storage, use or consumption of tangible personal property by an 
organization of military service veterans or an auxiliary unit 
of an organization of military service veterans, provided that: 
    (i) the organization or auxiliary unit is organized within 
the state of Minnesota and is exempt from federal taxation 
pursuant to section 501(c), clause (19), of the Internal Revenue 
Code as amended through December 31, 1982; and 
    (ii) the tangible personal property which is sold to or 
stored, used or consumed by the organization or auxiliary unit 
is for charitable, civic, educational, or nonprofit uses and not 
for social, recreational, pleasure or profit uses. 
    (z) The gross receipts from the sale of sanitary napkins, 
tampons, or similar items used for feminine hygiene. 
    (aa) The gross receipts from the sale of equipment used for 
processing solid or hazardous waste at a resource recovery 
facility, as defined in section 115A.03, subdivision 28.  
    Sec. 56.  Minnesota Statutes 1982, section 400.04, 
subdivision 3, is amended to read: 
    Subd. 3.  [ACQUISITION, CONSTRUCTION AND OPERATION OF 
PROPERTY AND FACILITIES.] A county may acquire, construct, 
enlarge, improve, repair, supervise, control, maintain, and 
operate any and all solid waste facilities and other property 
and facilities needed, used, or useful for solid waste 
management purposes, and.  Notwithstanding any other law to the 
contrary, a county may purchase and lease materials, equipment, 
machinery and such other personal property as is necessary for 
such purposes upon terms and conditions determined by the board, 
with or without advertisement for bids including the use of 
conditional sales contracts and lease-purchase agreements.  If a 
county contract is let by negotiation, without advertising for 
bids, the county shall conduct such negotiation and award the 
contract using a fair and open procedure and in full compliance 
with section 471.705.  If a county contract is to be awarded by 
bid, the county may, after notice to the public and prospective 
bidders, conduct a fair and open process of prequalification of 
bidders prior to advertisement for bids.  A county may employ 
such personnel as are reasonably necessary for the care, 
maintenance and operation of such property and facilities.  A 
county shall contract with private persons for the construction, 
maintenance, and operation of solid waste facilities where the 
facilities are adequate and available for use and competitive 
with other means of providing the same service.  
    Sec. 57.  Minnesota Statutes 1982, section 400.162, is 
amended to read: 
    400.162 [COUNTY DESIGNATION OF RESOURCE RECOVERY FACILITY.] 
    The authority granted to counties by this section shall not 
apply within the Western Lake Superior Sanitary District 
established by Laws 1971, Chapter 478, as amended, nor within 
any solid waste management district established under sections 
115A.62 to 115A.72.  In order to accomplish the objectives of 
county waste management, to further the state policies and 
purposes expressed in section 115A.02, and to advance the public 
purposes served by resource recovery, the legislature finds and 
declares that it may be necessary to authorize a county to 
require that all or any portion of the solid waste that is 
generated within the boundaries of the county or any service 
area thereof and is disposed of in the state be delivered to a 
resource recovery facility designated by the county board or a 
transfer station serving such a facility.  Any county 
designation shall be based upon a plan prepared and approved in 
conformance with section 115A.46 and shall be submitted pursuant 
to section 115A.071 for review and approval or disapproval by 
the waste management board.  In establishing, continuing, and 
terminating the designation, the county shall be governed by all 
standards, exemptions, procedures, and other requirements 
provided in section 115A.70, subdivisions 2 to 6 A qualifying 
county may be authorized to designate a resource recovery 
facility under sections 35 to 44.  
    Sec. 58.  Minnesota Statutes 1983 Supplement, section 
473.149, subdivision 2d, is amended to read: 
    Subd. 2d.  [LAND DISPOSAL ABATEMENT PLAN.] By January 1, 
1984 1985, after considering any county land disposal abatement 
proposals and waste stream analysis that have been submitted by 
that date, pursuant to section 473.803, subdivision 1b, the 
council shall amend its policy plan to include specific and 
quantifiable metropolitan objectives for abating the to the 
greatest feasible and prudent extent the need for and practice 
of land disposal of mixed municipal solid waste and of specific 
components of the solid waste stream, either by type of waste or 
class of generator.  The objectives must be stated in annual 
increments through the year 1990 and thereafter in five year 
increments through the year 2000.  The plan shall must 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 must include measurable objectives for 
county local abatement of solid waste through resource recovery 
and waste reduction and separation programs and activities for 
each metropolitan county and for cities of the first class, the 
second class, and the third class, respectively, stated in 
annual increments through the year 1990 and in five year 
increments through the year 2000.  The standards must be based 
upon and implement the council's metropolitan abatement 
objectives.  The council's plan shall must include standards and 
procedures to be used by the council in determining that whether 
a metropolitan counties have not county or class of cities 
within a metropolitan county has implemented the council's 
metropolitan land disposal abatement plan and have not met has 
achieved the standards objectives for county local abatement 
programs and activities.  The council shall report on abatement 
to the legislative commission on its before January 1 of each 
year.  The report must include an assessment of whether the 
objectives of the metropolitan abatement plan and on have been 
met and whether each county and each class of city within each 
county has achieved the objectives set for it in the council's 
plan.  The report must recommend any legislation that may be 
required to implement the plan.  If in any year the council 
reports that the objectives of the council's abatement plan have 
not been met, the council shall attach legislation to the report 
that reassigns appropriate governmental responsibilities among 
cities, counties, and metropolitan agencies so as to assure 
implementation and achievement of the metropolitan and local 
abatement plans and objectives.  
    Sec. 59.  Minnesota Statutes 1983 Supplement, section 
473.149, subdivision 2e, is amended to read: 
    Subd. 2e.  [SOLID WASTE DISPOSAL FACILITIES DEVELOPMENT 
SCHEDULE.] By January 1, 1984 1985, 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 and the 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 capacity to be developed in each county through 
the year 2000.  The schedule shall be based upon may not allow 
capacity in excess of the council's reduced estimate of the 
disposal capacity needed because of the council's land disposal 
abatement plan, except as the council deems necessary to allow 
reallocation of capacity as required by this subdivision.  The 
council may shall make the implementation of elements of the 
schedule, including the disposal capacity allocated to each 
county, contingent on actions of the counties each county and 
class of city in that county 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 year and shall revise the development schedule as it 
deems appropriate and the allocation of disposal capacity 
required for each county based on the progress made in the 
adoption and that county in the implementation of the council 
and county council's abatement plans and achievement of 
metropolitan and local abatement objectives.  The schedule may 
include procedures to be used by counties in selecting sites for 
acquisition pursuant to section 473.833.  The schedule shall 
must include standards and procedures for council certification 
of need pursuant to section 473.823.  The schedule shall must 
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 must also include a closure schedule and plans 
for post-closure management for facilities in existence before 
the adoption of the development schedule.  
    Sec. 60.  Minnesota Statutes 1982, section 473.181, 
subdivision 4, is amended to read: 
    Subd. 4.  [SOLID WASTE.] The council shall review county 
solid waste reports, and solid waste facility permit 
applications pursuant to sections 473.803 and 473.823 management 
activities of local government units as provided in sections 
473.801 to 473.834 and 35 to 44.  
    Sec. 61.  Minnesota Statutes 1982, section 473.801, 
subdivision 1, is amended to read: 
    Subdivision 1.  For the purposes of sections 473.801 to 
473.823 and sections 473.827, 473.831, and 473.833 473.845 the 
terms defined in this section have the meanings given them.  
    Sec. 62.  Minnesota Statutes 1982, section 473.801, 
subdivision 4, is amended to read: 
    Subd. 4.  Unless otherwise provided the definitions of 
terms defined in section 115A.03 shall apply to sections 473.801 
to 473.823 473.845. 
    Sec. 63.  Minnesota Statutes 1983 Supplement, 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 must address at least waste 
reduction, separation, and resource recovery.  The proposal 
shall must 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 
must 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 must describe the 
estimated cost, proposed manner of financing, and timing of the 
functions and activities.  The proposal shall must include 
alternatives which could be used to achieve the objectives if 
the proposed functions and activities are not established.  By 
August 1, 1984, each county shall provide the council with an 
analysis of the solid waste generated in the county, by 
classification of generators and by composition.  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 metropolitan abatement plan.  The county plan must 
embody and be consistent with at least the local abatement 
objectives for the county and cities within the county as stated 
in the council's plan.  The proposal and master plan revision 
required by this subdivision shall must 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 the advisory committee established pursuant to 
subdivision 4.  
    Sec. 64.  Minnesota Statutes 1982, section 473.803, 
subdivision 3, is amended to read: 
    Subd. 3.  [ANNUAL REPORT.] Each metropolitan county shall 
prepare and submit annually to the council for its approval a 
report containing information, as the council may prescribe in 
its policy plan, concerning solid waste generation and 
management within the county.  The report shall include a 
statement of progress in achieving the land disposal abatement 
objectives of for the county and classes of cities in the county 
as stated in the council's policy plan and county master plan.  
The report shall must include a schedule of rates and charges in 
effect or proposed for the use of any solid waste facility owned 
or operated by or on its behalf, together with a statement of 
the basis for such charges. 
    Sec. 65.  Minnesota Statutes 1982, section 473.803, is 
amended by adding a subdivision to read: 
    Subd. 4.  [ADVISORY COMMITTEE.] By July 1, 1984 each county 
shall establish a solid waste management advisory committee to 
aid in the preparation of the county master plan and any 
revisions thereof.  The committee must consist of one-third 
citizen representatives, one-third representatives from towns 
and cities within the county, and one-third representatives from 
private waste management firms.  At least one-third of the 
members of the committee must be residents of towns or cities 
within the county containing solid waste disposal facilities and 
eligible solid waste disposal sites included in the council's 
disposal site inventory.  Members of the council's solid waste 
advisory committee who reside in the county are members of the 
county advisory committee.  A representative of the metropolitan 
council is an ex officio member of the committee.  
    Sec. 66.  Minnesota Statutes 1982, section 473.811, 
subdivision 10, is amended to read: 
    Subd. 10.  [COUNTY DESIGNATION OF RESOURCE RECOVERY 
FACILITIES.] The authority granted to metropolitan counties by 
this subdivision shall not apply within any solid waste 
management district established under sections 115A.62 to 
115A.72.  In order to accomplish the objectives of county waste 
management, to further the state policies and purposes expressed 
in section 115A.02, and to advance the public purposes served by 
resource recovery, the legislature finds and declares that it 
may be necessary to authorize a county to require that all or 
any portion of the solid waste that is generated within the 
boundaries of the county or any service area thereof and is 
disposed of in the state be delivered to a resource recovery 
facility designated by the county board or a transfer station 
serving such a facility.  Any county designation shall be based 
upon an approved master plan and shall be submitted pursuant to 
section 473.827, subdivision 1, for review and approval or 
disapproval by the metropolitan council.  In establishing, 
continuing, and terminating the designation, the county shall be 
governed by all standards, exemptions, procedures, and other 
requirements provided in section 115A.70, subdivisions 2 to 6 A 
qualifying county may be authorized to designate a resource 
recovery facility under sections 35 to 44.  
    Sec. 67.  Minnesota Statutes 1983 Supplement, section 
473.823, subdivision 6, is amended to read: 
    Subd. 6.  [COUNCIL; CERTIFICATION OF NEED.] No new mixed 
municipal solid waste disposal facility or capacity 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, the 
council's solid waste disposal facilities development schedule 
adopted under section 473.149, subdivision 2e, and the abatement 
master plans of counties adopted pursuant to section 473.803, 
subdivision 1b and approved by the council under section 
473.803, subdivision 2.  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. 68.  Minnesota Statutes 1983 Supplement, 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 solid waste 
disposal facilities pursuant to this section and section 
sections 473.833 and 473.840 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 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 sections 473.833 and 473.840, 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. 69.  Minnesota Statutes 1982, section 473.833, 
subdivision 4, is amended to read: 
    Subd. 4.  [ACQUISITION AND DISPOSITION.] In order to 
prevent the development of conflicting land uses at and around 
future solid waste disposal facility sites, the council shall 
provide for the acquisition by a each metropolitan county of 
shall acquire property and rights in property at and around each 
solid waste disposal site selected within the county pursuant to 
subdivision 3.  Each site scheduled for development as a 
facility through the year 1990 shall must be acquired in fee.  
Development rights shall must be acquired for each site 
scheduled for development as a facility after the year 1990 
through the year 2000.  Development rights shall must be 
acquired in a buffer area surrounding and at least equal to the 
area of each site scheduled for development as a facility 
through the year 2000.  The owner of any property for which 
development rights are to be or have been acquired pursuant to 
this subdivision may elect by written notice at any time up to 
90 days following the issuance of a permit by the agency for a 
facility to have the county acquire fee title to the property.  
Fee title shall may not be acquired by counties for buffer areas 
only except at the election of the owner of the fee. 
    Sec. 70.  [473.840] [PURCHASE OF CERTAIN PROPERTY.] 
    Subdivision 1.  [PUBLIC PURPOSE.] In order for the 
responsible public agency to select and acquire environmentally 
suitable sites and buffer areas for the safe disposal of waste, 
the legislature finds that it is necessary and proper for the 
responsible agency to evaluate more than one site for disposal 
facilities and that it is appropriate to purchase property, 
within the sites and buffer areas selected for evaluation, to 
avoid or mitigate any undue hardship that may be imposed on 
property owners as a result of the selection of sites for 
evaluation.  
    Subd. 2.  [DEFINITIONS.] (a) "Qualifying property" is a 
parcel of real property any part of which is located within the 
site or buffer area of a candidate site selected under section 
473.153, subdivision 2, for purposes of environmental review 
under subdivision 5 of that section, or a site included in the 
metropolitan inventory adopted under section 473.149, 
subdivision 2b, for the purposes of environmental review under 
section 473.833, subdivision 2a.  
    (b) An "eligible owner" is a person who:  (1) owns the 
entire parcel of qualifying property; (2) owned the entire 
parcel of property at the time the site was selected as a 
candidate site or included in the metropolitan inventory; (3) 
since the site was selected or included in the inventory, has 
for at least six months offered to sell the entire parcel on the 
open market through a licensed real estate agent; and (4) has 
not previously entered a contract under subdivision 4 for the 
sale of any or all of the parcel.  
    Subd. 3.  [CONTRACT REQUEST.] An eligible owner of property 
qualifying under section 473.153 may request in writing that the 
waste control commission and the metropolitan council enter a 
contract for the purchase of the property as provided in 
subdivision 4.  An eligible owner of property qualifying under 
sections 473.149 and 473.833 may request in writing that the 
county in which the property is located and the metropolitan 
council enter a contract for the purchase of property as 
provided in subdivision 4.  A contract may not be executed under 
subdivision 4 after the determination of adequacy of the 
environmental impact statement.  Environmental review commences 
on the day of publication of the environmental impact statement 
preparation notice.  
    Subd. 4.  [CONTRACT; TERMS AND REQUIREMENTS.] The council 
and the county or commission shall enter a contract as provided 
in this subdivision with an eligible owner of qualifying 
property who requests the council and the county or commission 
to enter the contract as provided in subdivision 3.  The council 
and the county or commission have 90 days to act on a request 
submitted under subdivision 3.  The contract must include at 
least the following terms:  
    (a) The owner must offer to sell the entire parcel of 
property on the open market through a licensed real estate agent 
approved by the council for at least a six month period 
beginning within one month after the appraised market value of 
the property is determined as provided in paragraph (b).  The 
offer to sell must be made at no more than the appraised market 
value.  
    (b) The appraised market value of the property must be 
determined by an appraiser selected by the council.  If the 
owner disagrees with the appraisal the owner shall select an 
appraiser to make a second appraisal.  If a second appraisal is 
made, the council and the owner may agree on an appraised market 
value equal to either the first or second appraisal or any 
amount between those appraisals.  If the council and owner do 
not agree on an appraised market value the two appraisers shall 
select a third appraiser, and the appraised market value must be 
determined by a majority of the three appraisers.  Appraisers 
must be selected from the approved list of real property 
appraisers of the state commissioner of administration. 
Appraisers shall take an oath that they have no interest in any 
of the property to be appraised or in the purchase thereof. Each 
party shall pay the cost of the appraiser selected by that party 
and shall share equally in the cost of a third appraiser 
selected under this paragraph.  The appraised market value of 
the property may not be increased or decreased by reason of its 
selection as a candidate or inventoried site or buffer area.  
    (c) The county or commission must purchase the entire 
parcel of property at the appraised market value determined 
under paragraph (b) if:  (1) the council determines, based upon 
affidavits provided by the owner and the real estate agent and 
other evidence the council may require, that the owner has made 
a good faith effort to sell the property as provided in 
paragraph (a) and has been unable to sell the property at the 
appraised market value; (2) the council determines that the 
owner will be subject to undue hardship as a result of failure 
to sell; (3) the county or commission determines that the owner 
has marketable title to the property and that the owner has 
cured any defects in the title within a reasonable time as 
specified in the contract; and (4) the owner conveys the 
property by warranty deed in a form acceptable to the county or 
commission.  
    (d) The owner may not assign or transfer any rights under 
the contract to another person.  
    (e) The contract expires and the obligations of the parties 
under the contract cease when the property is sold or is either 
selected or eliminated from consideration by a final decision of 
the council under section 473.153, subdivision 6, or by a final 
decision of the county site selection authority or council under 
section 473.833, subdivision 3.  
    (f) The council and the commission or county may require 
other terms of contract that are consistent with the purposes of 
this section and necessary to protect the interests of the 
parties. 
     Subd. 5.  [COMPENSATION OF AGENT; LIMITATION.] A real 
estate agent may not receive a commission or any other 
compensation from an owner of property which is subject to a 
contract under subdivision 4 if the property is purchased by the 
public agency under that contract.  Any term of a contract 
between a real estate agent and a property owner contrary to the 
provisions of this subdivision is void and unenforceable.  
    Subd. 6.  [ADMINISTRATION.] The council, the county, and 
the commission are authorized to perform all acts required to 
enter and enforce contracts to purchase real property as 
provided in this section, including selecting and compensating 
appraisers and real estate agents.  
    Subd. 7.  [DISPOSITION OF PROPERTY.] (a) Property acquired 
by the county or commission under this section must be retained 
in ownership until the selection of sites is completed under 
section 473.153 or 473.833, whereupon the county or commission 
shall sell all property located in the area of any site 
eliminated from further consideration and all property in the 
area of the selected sites that is not needed for the site or 
buffer area.  The commission or county, with the approval of the 
council, may temporarily delay sale to protect the interests of 
the public agencies involved.  The sale must be approved by the 
council, and the proceeds of the sale must be returned to the 
council and used to pay principal and interest on debt issued 
for acquisition.  
    (b) The county or commission may lease or rent any property 
acquired under this section for any use which is consistent with 
the development limitations until it is sold or is needed for 
use as a facility site or buffer area.  Lease and rental 
agreements must be approved by the council, and proceeds of any 
lease or rental must be returned to the council and used to pay 
principal and interest on debt issued for acquisition.  The 
county or commission may insure against loss to the property by 
fire, lightning, windstorm, tornado, flood, or hail, in the 
amount determined by the county or commission, using any 
insurance company licensed to do business in the state.  
    Sec. 71.  [473.841] [CITATION.] 
    Sections 72 to 77 may be cited as the "Metropolitan 
Landfill Abatement Act."  
    Sec. 72.  [473.842] [DEFINITIONS.] 
    Subdivision 1.  [SCOPE.] As used in sections 72 to 77, the 
terms defined in this section have the meanings given them.  
    Subd. 2.  [MARKET DEVELOPMENT.] "Market development" means 
the location and facilitation of economic markets for materials, 
substances, energy, or other products contained within or 
derived from waste.  
    Subd. 3.  [MIXED MUNICIPAL SOLID WASTE DISPOSAL FACILITY.] 
"Mixed municipal solid waste disposal facility"  means a waste 
facility used for the disposal of mixed municipal solid waste.  
    Subd. 4.  [OPERATOR.] "Operator" means:  
    (1) the permitee of a mixed municipal solid waste disposal 
facility that has an agency permit; or 
    (2) the person in control of a mixed municipal solid waste 
disposal facility that does not have an agency permit.  
    Subd. 5.  [RESPONSE.] "Response" has the meaning given it 
in section 115B.02, subdivision 18.  
    Subd. 6.  [SOLID WASTE DISPOSAL FACILITY.] "Solid waste 
disposal facility" means a waste facility which is used for the 
disposal of solid waste.  
    Sec. 73.  [473.843] [METROPOLITAN SOLID WASTE LANDFILL 
FEE.] 
    Subdivision 1.  [AMOUNT OF FEE; APPLICATION.] The operator 
of a mixed municipal solid waste disposal facility in the 
metropolitan area shall pay a fee on solid waste accepted and 
disposed at the facility as follows:  
    (a) A facility that weighs the waste that it accepts must 
pay a fee of 50 cents per cubic yard based on equivalent cubic 
yards of waste accepted at the entrance of the facility.  
    (b) A facility that does not weigh the waste but that 
measures the volume of the waste that it accepts must pay a fee 
of 50 cents per cubic yard of waste accepted at the entrance of 
the facility.  
    (c) Waste residue from energy and resource recovery 
facilities at which solid waste is processed for the purpose of 
extracting, reducing, converting to energy, or otherwise 
separating and preparing solid waste for reuse is exempt from 
one-half of the amount of fee imposed by this subdivision if 
there is at least an 85 percent volume reduction in the solid 
waste processed.  To qualify for exemption under this clause, 
waste residue must be brought to a disposal facility 
separately.  The commissioner of revenue, with the advice and 
assistance of the agency, shall prescribe procedures for 
determining the amount of waste residue qualifying for exemption.
    Subd. 2.  [DISPOSITION OF PROCEEDS.] The proceeds of the 
fees imposed under this section, including interest and 
penalties, must be deposited as follows:  
    (a) one-half of the proceeds must be deposited in the 
landfill abatement fund established in section 74; and 
    (b) one-half of the proceeds must be deposited in the 
metropolitan landfill contingency action fund established in 
section 75.  
    Subd. 3.  [PAYMENT OF FEE.] On or before the 20th day of 
each month each operator shall pay the fee due under this 
section for the previous month, using a form provided by the 
commissioner of revenue.  
    Subd. 4.  [EXCHANGE OF INFORMATION.] Notwithstanding the 
provisions of section 116.075, the agency may provide the 
commissioner of revenue with the information necessary for the 
enforcement of this section.  Information disclosed in a return 
filed under this section is public information.  Information 
exchanged between the commissioner and the agency is public 
unless the information is of the type determined to be for the 
confidential use of the agency under section 116.075 or is trade 
secret information classified under section 13.37.  Information 
obtained in the course of an audit by the department of revenue 
is private or nonpublic data to the extent that it would not be 
directly divulged in a return.  
    Subd. 5.  [PENALTIES; ENFORCEMENT.] The audit, penalty, and 
enforcement provisions applicable to taxes imposed under chapter 
290 apply to the fees imposed under this section.  The 
commissioner of revenue shall administer the provisions.  
    Subd. 6.  [RULES.] The commissioner of revenue may adopt 
rules necessary to implement this section.  
    Subd. 7.  [ADMINISTRATIVE EXPENSES.] Any amount expended by 
the commissioner of revenue from a general fund appropriation to 
enforce and administer this section must be reimbursed to the 
general fund, and the amount necessary to make the reimbursement 
is appropriated from the landfill abatement fund to the 
commissioner of finance for transfer to the general fund.  
    Sec. 74.  [473.844] [METROPOLITAN LANDFILL ABATEMENT FUND.] 
    Subdivision 1.  [ESTABLISHMENT; PURPOSES.] The metropolitan 
landfill abatement fund is created as an account in the state 
treasury in order to reduce to the greatest extent feasible and 
prudent the need for and practice of land disposal of mixed 
municipal solid waste in the metropolitan area.  The fund 
consists of revenue deposited in the fund under section 73, 
subdivision 2, clause (a) and interest earned on investment of 
money in the fund.  All repayments to loans made under this 
section shall be credited to the fund.  Except as otherwise 
provided in section 81, subdivisions 2 and 3, and section 73, 
subdivision 7, the money in the fund may be spent, upon 
appropriation by the legislature, only for the following 
purposes:  
    (1) solid waste management planning assistance in the 
metropolitan area under sections 115A.42 to 115A.46;  
    (2) grants and loans to any person for resource recovery 
projects and related public education in the metropolitan area 
under subdivision 4;  
    (3) grants and loans to any person for market development 
for reusable or recyclable waste materials as provided in 
subdivision 2, clause (a); and 
    (4) administration and technical assistance by the 
metropolitan council as provided in subdivision 2, clause (b).  
    Subd. 2.  [ALLOCATION.] (a) Up to ten percent of the money 
in the fund may be appropriated to the agency for transfer to 
the metropolitan council for grants under subdivision 1, clause 
(3).  
    (b) Up to five percent of the money in the fund may be 
appropriated to the agency for transfer to the metropolitan 
council for technical assistance and grant administration.  
     Subd. 3.  [COMMISSION RECOMMENDATION.] The legislative 
commission on waste management shall make recommendations to the 
standing legislative committees on finance and appropriations 
about appropriations from the fund.  
    Subd. 4.  [RESOURCE RECOVERY GRANTS AND LOANS.] The grant 
and loan program under this subdivision is administered by the 
metropolitan council.  Grants and loans may be made to any 
person for resource recovery projects.  The grants and loans may 
include the cost of planning, acquisition of land and equipment, 
and capital improvements.  Grants and loans for planning may not 
exceed 50 percent of the planning costs.  Grants and loans for 
acquisition of land and equipment and for capital improvements 
may not exceed 50 percent of the cost of the project.  Grants 
and loans may be made for public education on the need for the 
resource recovery projects.  A grant or loan for land, 
equipment, or capital improvements may not be made until the 
metropolitan council has determined the total estimated capital 
cost of the project and ascertained that full financing of the 
project is assured.  Grants and loans made to cities, counties, 
or solid waste management districts must be for projects that 
are in conformance with approved master plans.  
    Subd. 5.  [LANDFILL ABATEMENT COST RECOVERY.] By January 
31, 1986, and each January 31 afterwards, the director of the 
agency shall pay each city in the metropolitan area an amount 
not to exceed 50 cents per household, as defined in section 
477A.011, subdivision 3a, for qualifying landfill abatement and 
resource recovery expenses incurred in the previous calendar 
year.  To qualify under this subdivision, the landfill abatement 
and resource recovery must be included in the applicable county 
master plan or approved by the metropolitan council and the city 
must certify expenses for the landfill abatement and resource 
recovery.  The amounts necessary to make these payments are 
appropriated from the metropolitan landfill abatement fund to 
the director of the agency.  
    Sec. 75.  [473.845] [METROPOLITAN LANDFILL CONTINGENCY 
ACTION FUND.] 
    Subdivision 1.  [ESTABLISHMENT.] The metropolitan landfill 
contingency action fund is created as an account in the state 
treasury.  The fund consists of revenue deposited in the fund 
under section 73, subdivision 2, clause (b); amounts recovered 
under subdivision 6; and interest earned on investment of money 
in the fund.  
    Subd. 2.  [WATER SUPPLY MONITORING.] Up to ten percent of 
the money in the fund may be appropriated to the commissioner of 
health for water supply monitoring.  The commissioner shall 
monitor the quality of water in public water supply wells in the 
metropolitan area that may be affected by their location in 
relation to a facility for mixed municipal solid waste.  Testing 
under this subdivision must be for substances not funded under 
the Federal Safe Drinking Water Act.  
    Subd. 3.  [CLOSURE AND POSTCLOSURE, RESPONSE PAYMENTS.] 
Money in the fund may only be appropriated to the agency for 
expenditure for:  
    (1) reasonable and necessary expenses for closure and 
postclosure care of a mixed municipal solid waste disposal 
facility in the metropolitan area for a 20-year period after 
closure, if the agency determines that the operator or owner 
will not take the necessary actions requested by the agency for 
closure and postclosure in the manner and within the time 
requested; or 
    (2) reasonable and necessary response and postclosure costs 
at a mixed municipal solid waste disposal facility in the 
metropolitan area that has been closed for 20 years in 
compliance with the closure and postclosure rules of the agency. 
    Subd. 4.  [COMMISSION RECOMMENDATION.] The legislative 
commission on waste management shall make recommendations to the 
standing legislative committees on finance and appropriations 
about appropriations from the fund.  
    Subd. 5.  [DUTY TO PROVIDE INFORMATION.] The operator or 
owner of a mixed municipal solid waste disposal facility or a 
solid waste disposal facility shall provide the necessary 
information to the agency required by sections 72 to 77 or by 
agency rules.  
    Subd. 6.  [ACCESS TO INFORMATION AND PROPERTY.] The agency 
or any member, employee, or agent thereof authorized by the 
agency, upon presentation of credentials, may:  
    (1) examine and copy any books, papers, records, memoranda, 
or data of any person who has a duty to provide information to 
the agency under sections 72 to 77; and 
    (2) enter upon any property, public or private, for the 
purpose of taking any action authorized by this section 
including obtaining information from any person who has a duty 
to provide the information, conducting surveys or 
investigations, and taking response action.  
    Subd. 7.  [RECOVERY OF EXPENSES.] When the agency incurs 
expenses for response actions at a facility, the agency is 
subrogated to any right of action which the operator or owner of 
the facility may have against any other person for the recovery 
of the expenses.  The attorney general may bring an action to 
recover amounts spent by the agency under this section from 
persons who may be liable for them.  Amounts recovered, 
including money paid under any agreement, stipulation, or 
settlement must be deposited in the metropolitan landfill 
contingency action fund.  
    Subd. 8.  [CIVIL PENALTIES.] The civil penalties of section 
115.071 apply to any person in violation of this section.  All 
money recovered by the state under any statute or rule related 
to the regulation of solid waste in the metropolitan area, 
including civil penalties and money paid under any agreement, 
stipulation, or settlement, shall be deposited in the fund.  
    Sec. 76.  [473.846] [REPORT TO LEGISLATURE.] 
    By November 1, 1986, and each year thereafter, the agency 
and metropolitan council shall submit to the senate finance 
committee, the house appropriations committee, and the 
legislative commission on waste management separate reports 
describing the activities for which money from the landfill 
abatement and contingency action funds has been spent during the 
previous fiscal year.  
    Sec. 77.  [473.847] [OPERATOR OR OWNER LIABILITY FOR 
RESPONSE EXPENSES.] 
    The operator or owner of a mixed municipal solid waste 
disposal facility in the metropolitan area is not liable under 
any other law for response costs incurred by the agency at that 
facility under section 75, if the facility has been closed for 
20 years in compliance with the closure and postclosure rules of 
the agency.  Any provision of this section which relieves the 
operator or owner of a facility from liability for the payment 
of the agency's response costs must not be construed to affect 
the liability of any other person who may be liable for those 
costs.  
    Sec. 78.  [ORGANIZED COLLECTION STUDY.] 
    The metropolitan council shall study the need for a system 
to implement organized collection of residential, commercial, 
and industrial solid wastes in the metropolitan area.  The 
council shall submit the study to the legislative commission on 
waste management by June 1, 1985.  
    Sec. 79.  [INSURANCE FEASIBILITY STUDY.] 
    The waste management board shall conduct a study of the 
feasibility and desirability of providing insurance for the 
costs of response actions and third party damages resulting from 
facilities for the disposal of mixed municipal solid waste.  The 
waste management board shall submit findings, conclusions, and 
recommendations in a report to the legislative commission on 
waste management by December 1, 1984.  
    Sec. 80.  [RESOURCE RECOVERY FACILITIES.] 
    Subdivision 1.  [SERVICE CHARGES.] Ramsey and Washington 
Counties may exercise the powers of a county under Minnesota 
Statutes, section 400.08 in addition to the powers which the 
counties may exercise under other law.  
    Subd. 2.  [USE OF COUNTY FUNDS AND LONG-TERM CONTRACTS.] 
Any available funds of the county including rates and charges 
imposed pursuant to subdivision 1 may be used for resource 
recovery purposes including reduction of the tipping fees at a 
resource recovery facility.  Subject to review and approval by 
the metropolitan council, pursuant to section 473.813, the 
county may by a contract with a term of not more than 30 years 
covenant to apply available funds of the county for any resource 
recovery purposes.  
    Subd. 3.  [LEASE OR SALE OF PROPERTY TO PRIVATE PERSONS.] 
Notwithstanding section 473.811, subdivision 8, to accomplish 
the purposes set out in section 473.803, a county may, without 
review of the disposition by the pollution control agency or 
metropolitan council, lease or sell all or part of the resource 
recovery or related facility, including transmission facilities 
and property or property rights for a resource recovery or 
related facility to a private person, on the terms the county 
deems appropriate, but a lease or sale contract shall provide 
for the operation and maintenance of the facility in accordance 
with the rules criteria and standards of the pollution control 
agency, the waste management board, the metropolitan council, 
and the county.  
    Subd. 4.  [APPLICATION.] This section applies separately to 
each of Ramsey and Washington Counties the day after compliance 
with Minnesota Statutes, section 645.021, subdivision 3, by its 
governing body.  
    Sec. 81.  [APPROPRIATIONS.] 
    Subdivision 1.  [AMOUNTS.] The following amounts are 
appropriated from the general fund to the agency for the 
biennium ending June 30, 1985:  
    (1) for a grant to the metropolitan council for the 
organized collection system study in section 78, $50,000;  
    (2) for adoption of rules and enforcement pursuant to 
section 49, $90,000.  
    The complement of the agency is increased by two positions. 
    Subd. 2.  [REIMBURSEMENT.] Any amount expended by the 
agency and metropolitan council from the appropriations in 
subdivision 1 shall be reimbursed to the general fund, and the 
amount necessary to make the reimbursement is appropriated from 
the landfill abatement fund to the commissioner of finance for 
transfer to the general fund.  
    Subd. 3.  [FEE ADMINISTRATION.] The sum of $75,000 is 
appropriated from the general fund to the commissioner of 
revenue for the purpose of administering section 73.  This 
appropriation is available until June 30, 1985.  This 
appropriation shall be reimbursed to the general fund under 
section 73, subdivision 7.  The complement of the department of 
revenue is increased by two positions.  
    Subd. 4.  [WASTE MANAGEMENT BOARD.] The following amounts 
are appropriated from the general fund to the waste management 
board and are available until June 30, 1985:  
    (1) for technical and research assistance programs, 
$150,000;  
    (2) for waste reduction grants to generators of hazardous 
waste, $150,000;  
    (3) for hazardous waste collection grants, $350,000;  
    (4) for hazardous waste processing grants, $350,000;  
    (5) for administration of the programs provided in sections 
8 to 13, $100,000.  
    The complement of the waste management board is increased 
by four positions.  
    Sec. 82.  [REPEALER.] 
    Minnesota Statutes 1982, sections 115A.071; 115A.46, 
subdivision 3; 115A.70, subdivisions 1, 2, 4, 5, and 6; 473.827; 
and Minnesota Statutes 1983 Supplement, section 115A.70, 
subdivisions 3 and 7, are repealed.  
    Sec. 83.  [EXEMPTION TO CERTIFICATE OF NEED.] 
    Section 67 does not apply to any expansion of a facility 
for which the EIS preparation notice has been published by March 
15, 1984.  
    Sec. 84.  [APPLICATION.] 
    Sections 58 to 78 are effective in the counties of Anoka, 
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.  
    Sec. 85.  [EFFECTIVE DATE.] 
    Sections 1 to 45, 48 to 51, 56 to 72, and 78 to 84 are 
effective the day following final enactment.  Sections 46, 47, 
and 73 to 77 are effective January 1, 1985, except that the fees 
imposed in sections 46, 47, and 73 shall be effective January 1, 
1988, with respect to nonhazardous solid waste from metalcasting 
facilities.  Prior to January 1, 1988, an operator of a facility 
that is located in the metropolitan area for the disposal of 
mixed minicipal solid waste shall deduct from the disposal 
charge for nonhazardous solid waste from metalcasting facilities 
the fee imposed under sections 46, 47, and 73.  
    Section 52 is effective for taxable years after December 
31, 1983.  Section 55 is effective for sales after June 30, 1984.
Sections 53 and 54 are effective for taxable years after 
December 31, 1984. 
    Approved May 2, 1984