Office of the Revisor of Statutes
Minnesota Session Laws - 1984, Regular Session
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
Official Publication of the State of Minnesota
Revisor of Statutes