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

  

                         Laws of Minnesota 1985 

                        CHAPTER 274-S.F.No. 866 
           An act relating to solid waste and sewage sludge 
          management; restricting land disposal of solid waste 
          in the metropolitan area; providing for the financing 
          of resource recovery facilities in the metropolitan 
          area by local governments and the metropolitan council;
          imposing restrictions on publicly funded resource 
          recovery facilities; changing provisions relating to 
          designation plans, local disposal fees, metropolitan 
          sludge and sludge ash facilities, and metropolitan 
          county plans and ordinances; defining terms; 
          allocating and appropriating money from the 
          metropolitan landfill contingency action and abatement 
          funds; amending Minnesota Statutes 1984, sections 
          115A.03, subdivision 27, and by adding subdivisions; 
          115A.15, subdivision 2; 115A.54, subdivision 2; 
          115A.81; 115A.84, subdivisions 3 and 4; 115A.86, 
          subdivision 1; 115A.919; 116.07, subdivision 4h; 
          400.04, subdivision 1; 473.149, by adding a 
          subdivision; 473.153, subdivisions 1, 2, 5, 6b, and 7; 
          473.801, subdivision 1; 473.803, subdivisions 1b and 3;
          473.811, subdivisions 5, 5a, and by adding a 
          subdivision; 473.823, subdivision 6; 473.831; 473.840, 
          subdivision 2; 473.842, by adding subdivisions; 
          473.844, subdivisions 2 and 5; and Laws 1984, chapter 
          644, section 81, subdivisions 2 and 3; proposing 
          coding for new law in Minnesota Statutes, chapters 
          115A and 473; repealing Minnesota Statutes 1984, 
          section 473.843, subdivision 7. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 115A.03, is 
amended by adding a subdivision to read: 
    Subd. 25a.  "Recyclable materials" means materials that are 
separated from mixed municipal solid waste, by the generator or 
during collection, for the purpose of recycling, including 
paper, glass, metals, automobile oil, and batteries. 
    Sec. 2.  Minnesota Statutes 1984, section 115A.03, is 
amended by adding a subdivision to read: 
    Subd. 25b.  "Recycling" means the process of collecting and 
preparing recyclable materials and reusing the materials in 
their original form or using them in manufacturing processes. 
    Sec. 3.  Minnesota Statutes 1984, section 115A.03, 
subdivision 27, is amended to read: 
    Subd. 27. "Resource recovery" means the reclamation for 
sale, use, or reuse of materials, substances, energy, or other 
products contained within or derived from waste. 
    Sec. 4.  Minnesota Statutes 1984, section 115A.15, 
subdivision 2, is amended to read: 
    Subd. 2.  [DUTIES OF COMMISSIONER.] The commissioner of 
administration shall develop policies to reduce the volume of 
waste generated by require state agencies and the state 
legislature to separate all recyclable and reusable commodities 
wherever feasible.  The commissioner shall develop and institute 
procedures for the separation, collection, and storage of used 
commodities wherever feasible in state agencies and shall 
establish policies for the reuse, sale, or disposition of 
recovered materials and surplus property.  The commissioner 
shall promote and publicize the waste reduction and waste 
separation and recovery procedures on an ongoing basis to all 
state employees.  The commissioner shall issue guidelines for 
the procurement of recyclable commodities and commodities 
containing recycled materials that include definitions of 
recycled materials, the percentage of recycled materials to be 
contained in each commodity and performance specifications.  To 
the extent practicable, the guidelines shall be written so as to 
give preference to recyclable commodities and commodities 
containing recycled materials.  The commissioner shall inform 
state agencies whenever recycled commodities are available for 
purchase.  The commissioner shall investigate opportunities for 
the inclusion of and may include local governments and regional 
agencies in administrative state programs to reduce waste, and 
to separate and recover recyclable and reusable commodities. 
     Sec. 5.  Minnesota Statutes 1984, section 115A.54, 
subdivision 2, is amended to read: 
    Subd. 2.  [ADMINISTRATION; ASSURANCE OF FUNDS.] The board 
shall provide technical and financial assistance for the 
acquisition and betterment of the facilities and transfer 
stations from revenues derived from the issuance of bonds 
authorized by section 115A.58.  Facilities for the incineration 
of solid waste without resource recovery are not eligible for 
assistance.  Of Money appropriated for the purposes of the 
demonstration program, at least 70 percent shall be distributed 
as loans, and the remainder shall may be distributed as grants 
or loans.  An individual project may receive assistance totaling 
up to 100 percent of the capital cost of the project and grants 
up to 50 percent of the capital cost of the project.  No grant 
or loan shall be disbursed to any recipient until the board has 
determined the total estimated capital cost of the project and 
ascertained that financing of the cost is assured by funds 
provided by the state, by an agency of the federal government 
within the amount of funds then appropriated to that agency and 
allocated by it to projects within the state, by any person, or 
by the appropriation of proceeds of bonds or other funds of the 
recipient to a fund for the construction of the project. 
    Sec. 6.  Minnesota Statutes 1984, section 115A.81, is 
amended to read: 
    Subdivision 1.  [SCOPE.] The terms used in sections 115A.80 
to 115A.89 115A.893 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 mixed municipal 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. 
    Subd. 3.  [REVIEWING AUTHORITY.] "Reviewing authority" 
means the agency responsible for reviewing and approving a 
designation plan under section 115A.84, subdivision 3, and a 
designation ordinance under section 115A.86, subdivision 2. 
    Sec. 7.  Minnesota Statutes 1984, section 115A.84, 
subdivision 3, is amended to read: 
    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 90 120 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.  The reviewing authority may 
attach conditions to its approval that relate to matters 
required in a designation ordinance under section 115A.86, 
subdivision 1, paragraph (a), clauses (1) to (4), and paragraph 
(b).  Amendments to plans must be submitted for review in 
accordance with this subdivision.  
    Sec. 8.  Minnesota Statutes 1984, section 115A.84, 
subdivision 4, is amended to read: 
    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 30 
days following 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 115A.86 if in its judgment the excluded 
materials will not be processed at the other facility. 
    Sec. 9.  Minnesota Statutes 1984, section 115A.86, 
subdivision 1, is amended to read: 
    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) require the designated facility to accept all 
designated solid waste delivered to the specified point or 
points of delivery, unless the facility has notified waste 
collectors in the designated area that the facility is 
inoperative; (5) 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) (6) 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 115A.83 or 115A.84, 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. 
    Sec. 10.  [115A.893] [PETITION FOR EXCLUSION.] 
    Any person proposing to own or operate a resource recovery 
facility using waste materials subject to a designation 
ordinance may petition the waste district or county for 
exclusion of the materials from the designation ordinance.  In 
order to qualify for the exclusion of materials under this 
section, the petitioner shall submit with the petition a written 
description of the proposed facility, its intended location, its 
waste supply sources, purchasers of its products, its design 
capacity, and other information that the district or county may 
reasonably require.  The district or county, after appropriate 
notice and hearing, shall issue a written decision with findings 
of fact and conclusions on all material issues.  The district or 
county shall grant the petition if it determines that:  (a) the 
materials will be processed at the resource recovery facility, 
and (b) the exclusion can be implemented without impairing the 
financial viability of the designated facility or impairing 
contractual obligations or preventing the performance of 
contracts by the facility owner or operator, the district or 
county, or users of the facility.  Any person aggrieved by the 
decision of the district or county may appeal to the reviewing 
authority.  The review is confined to the record.  The decision 
of the reviewing authority must be based on the standards stated 
in this section.  If the reviewing authority approves the 
petition, the designation ordinance must be amended in 
conformance with the decision of the reviewing authority.  The 
petition may be amended during the proceedings by agreement 
between the petitioner and the district or county. 
    Sec. 11.  [115A.918] [DEFINITIONS.] 
    Subdivision 1.  [SCOPE.] The definitions in this section 
apply to this section and sections 115A.919 and 115A.921. 
    Subd. 2.  [CLOSURE.] "Closure" means actions that will 
prevent, mitigate, or minimize the threat to public health and 
the environment posed by a closed solid waste disposal facility 
including application of final cover; grading and seeding of 
final cover; installation of an adequate monitoring system, if 
necessary; and construction of ground and surface water 
diversion structures. 
    Subd. 3.  [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. 4.  [POSTCLOSURE, POSTCLOSURE CARE.] "Postclosure" 
and "postclosure care" mean actions taken for the care, 
maintenance, and monitoring of a solid waste disposal facility 
after closure that will prevent, mitigate, or minimize the 
threat to public health and environment posed by the closed 
facility. 
    Subd. 5.  [RESPONSE.] "Response" has the meaning given it 
in section 115B.02, subdivision 18.  
    Sec. 12.  Minnesota Statutes 1984, section 115A.919, is 
amended to read: 
    115A.919 [COUNTY FEE AUTHORITY.] 
    A county may impose a fee, by cubic yard of waste or its 
equivalent, on operators of facilities for the disposal of mixed 
municipal solid waste located within the county.  The fee in the 
metropolitan area may not exceed 25 cents per cubic yard or its 
equivalent.  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 473.843, subdivision 1, paragraph (c), 
must be followed and submitted to the appropriate county.  
    Sec. 13.  [115A.95] [RECYCLABLE MATERIALS.] 
    A resource recovery facility that is burning waste, or 
converting waste to energy or to materials for combustion, and 
is owned or operated by a public agency or supported by public 
funds or by obligations issued by a public agency may not accept 
recyclable materials except for transfer to a recycler.  This 
section does not apply if no person is willing to accept the 
recyclable materials. 
    Sec. 14.  Minnesota Statutes 1984, section 116.07, 
subdivision 4h, is amended to read: 
    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 or by January 1, 1987, 
whichever is later, 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. 
    Sec. 15.  Minnesota Statutes 1984, section 400.04, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GENERAL.] Any county may conduct a solid 
waste management program which may include activities authorized 
by sections 400.01 to 400.17 and such other activities as are 
necessary and convenient to effectively carry out the purposes 
of sections 400.01 to 400.17.  A county that enters into a joint 
powers agreement under section 471.59 with a metropolitan county 
as defined in section 473.121, subdivision 4, to accomplish a 
solid waste management purpose may exercise the powers of the 
metropolitan county for the purpose of solid waste management 
under the joint powers agreement. 
    Sec. 16.  Minnesota Statutes 1984, section 473.149, is 
amended by adding a subdivision to read: 
    Subd. 6.  [COST AND FINANCING ANALYSIS.] By January 1, 
1987, and each odd-numbered year thereafter, the council shall 
report to the legislature on the operating, capital, and debt 
service costs of solid waste facilities in the metropolitan 
area; changes in the costs; the methods used to pay the costs; 
and the resultant allocation of costs among users of the 
facilities and the general public.  The report must present the 
cost and financing analysis in the aggregate and broken down by 
county and by major facility. 
    Sec. 17.  Minnesota Statutes 1984, section 473.153, 
subdivision 1, is amended to read: 
    Subdivision 1.  [FACILITIES REQUIRED.] Except as provided 
in subdivision 7 and section 115A.33, all sewage sludge disposal 
facilities and facilities for the disposal of solid waste 
generated by the metropolitan waste control commission shall be 
established and operated in accordance with this section and 
section 473.516.  The council and the commission shall establish 
the facilities needed for the disposal of sewage sludge and 
solid waste generated by the commission.  The council and the 
commission shall establish at least one facility. 
    Sec. 18.  Minnesota Statutes 1984, section 473.153, 
subdivision 2, is amended to read: 
    Subd. 2.  [CANDIDATE SITE SELECTION.] The council shall 
select candidate sites for the disposal of the commission's 
sewage sludge and solid waste, together with appropriate 
surrounding buffer areas.  The council shall select at least 
four three candidate sites by September 1, 1983.  The council 
shall evaluate sites for candidacy on the basis of at least the 
following factors:  local land use and land use controls, the 
protection of agriculture and natural resources, existing and 
future development patterns, transportation facilities, distance 
from the points of generation, and the intrinsic suitability of 
sites compared with other potential sites.  Notwithstanding any 
plan, charter provision, law, ordinance, regulation, or other 
requirement of the council, counties, or local units of 
government, no land shall be excluded from consideration for 
candidacy except land determined by the agency to be 
intrinsically unsuitable.  No site shall be selected for 
candidacy unless the agency certifies its intrinsic suitability 
for the use intended, based on preliminary environmental 
analysis and on-site surveys and investigations conducted by the 
council.  The council shall provide to the agency data relating 
to the intrinsic suitability of the sites to be proposed as 
candidate sites as soon as available.  The council shall propose 
at least six locations as candidate sites and the director of 
the agency shall issue a notice indicating which of those sites 
the director recommends be certified as intrinsically suitable.  
The director shall publish notice of a consolidated hearing on 
the recommendation.  Notice shall be published in the state 
register and newspapers of general circulation in the 
metropolitan area and shall be sent by mail to local government 
units containing a proposed candidate site.  The hearing shall 
be conducted by the state office of administrative hearings in a 
manner consistent with the completion of the proceedings and the 
administrative law judge's report to the agency in the time 
allowed by this section.  The hearing shall afford all 
interested persons an opportunity to testify and present 
evidence on the subject of the hearing.  The subject of the 
hearing shall be limited to information submitted by the council 
and additional information on the proposed sites which is 
relevant to the agency's decision on intrinsic suitability.  The 
rulemaking and contested case procedures of chapter 14 shall not 
apply to this hearing.  The report of the administrative law 
judge shall contain findings of fact, conclusions, and 
recommendations on the subject of the hearing.  The agency shall 
make a final determination as to the intrinsic suitability of 
each proposed site and shall certify them accordingly within 90 
days of the council's proposal of a site.  The agency shall not 
be required to promulgate rules pursuant to chapter 14 on 
criteria and standards to govern its certification of intrinsic 
suitability under this section.  No action of the agency shall 
be held invalid by reason of the agency's failure to notify any 
of the entities listed in this subdivision.  In selecting 
candidate sites, the council shall prefer land which is capable 
of being returned to its existing use or the use anticipated in 
a plan of a metropolitan agency, county, or local unit of 
government use after closure of a disposal facility. 
    Sec. 19.  Minnesota Statutes 1984, section 473.153, 
subdivision 5, is amended to read: 
    Subd. 5.  [ENVIRONMENTAL REVIEW.] An environmental impact 
statement must be completed on the environmental effects of the 
council's decisions required by subdivision 6.  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.  The statement must not address or 
reconsider alternatives eliminated from consideration pursuant 
to subdivisions 1 and 2 and must not address the matters to be 
decided subject to decision by the council pursuant to 
subdivision 6b. 
    Sec. 20.  Minnesota Statutes 1984, section 473.153, 
subdivision 6b, is amended to read: 
    Subd. 6b.  [CERTIFICATION OF NEED.] No new facility for 
disposing of ash and other waste generated by the commission 
shall be permitted in the metropolitan area without a 
certification of need issued by the council indicating the 
council's determination:  
    (a) that the disposal of waste with concentrations of 
hazardous materials is necessary; and 
    (b) that the additional ash disposal capacity planned for 
the facility is needed.  
    The council shall certify need only to the extent that 
there are no feasible and prudent methods of reducing the 
concentrations of hazardous materials in the waste and no 
feasible and prudent alternatives to the ash disposal facility, 
including large-scale composting and co-composting of sludge, 
which would minimize adverse impact upon natural resources.  
Methods and alternatives that are speculative or conjectural 
shall not be deemed to be feasible and prudent.  Economic 
considerations alone shall not justify the certification of need 
or the rejection of methods or alternatives, including 
large-scale composting and co-composting of sludge as an 
alternative to incineration.  In its certification the council 
shall not consider alternatives which have been eliminated from 
consideration by the selection of sites pursuant to subdivisions 
subdivision 2 and 6. 
    Sec. 21.  Minnesota Statutes 1984, section 473.153, 
subdivision 7, is amended to read: 
    Subd. 7.  [EXEMPTIONS.] Nothing in this section shall be 
construed to preclude the commission from continuing to use 
existing sewage sludge disposal facilities.  In addition, to the 
same extent and upon the same conditions as sewage sludge may be 
applied on private property pursuant to section 473.516, 
subdivisions 3 and 4, the commission may use any site of less 
than 500 acres owned by the commission for the purpose of 
landspreading sewage sludge for a period no longer than four 
years.  Any property currently used by the commission and 
permitted by the agency for disposing of the commission's solid 
waste may continue to be used for that purpose by the 
commission, as permitted by the agency, for a period not to 
exceed four years.  
    Sec. 22.  Minnesota Statutes 1984, section 473.801, 
subdivision 1, is amended to read: 
     Subdivision 1.  For the purposes of sections 473.801 to 
473.845 and section 45 the terms defined in this section have 
the meanings given them. 
    Sec. 23.  Minnesota Statutes 1984, section 473.803, 
subdivision 1b, is amended to read: 
    Subd. 1b.  [LAND DISPOSAL ABATEMENT PROPOSAL.] 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 must address at least waste 
reduction, separation, and resource recovery.  The proposal 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 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 must describe the estimated cost, 
proposed manner of financing, and timing of the functions and 
activities.  The proposal 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.  
    Subd. 1bb.  [COUNTY ABATEMENT PLAN.] 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 implement the local abatement 
objectives for the county and cities within the county as stated 
in the council's plan.  The county abatement plan must include 
specific and quantifiable county objectives, based on the 
council's objectives, for abating 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 generated in the county, stated in annual 
increments through the date specified in section 35 and in two 
five-year increments thereafter.  The plan must include 
measurable performance standards for local abatement of solid 
waste through resource recovery and waste reduction and 
separation programs and activities for the county as a whole and 
for statutory or home rule charter cities of the first, second, 
and third class, respectively, in the county, stated in annual 
increments through the date specified in section 35 and in two 
five-year increments thereafter.  The performance standards must 
implement the metropolitan and county abatement objectives.  The 
plan must include standards and procedures to be used by the 
county in determining annually under subdivision 3 whether a 
city within the county has implemented the plan and has 
satisfied the performance standards for local abatement.  The 
master plan revision required by this subdivision must be 
prepared in consultation with the advisory committee established 
pursuant to subdivision 4. 
    Sec. 24.  Minnesota Statutes 1984, 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 for the county and classes of cities in the county as 
stated in the council's policy plan and county master plan.  The 
report must list cities that have not satisfied the county 
performance standards for local abatement required by 
subdivision 1bb.  The report 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. 25.  Minnesota Statutes 1984, section 473.811, 
subdivision 5, is amended to read: 
    Subd. 5.  [ORDINANCES; SOLID WASTE COLLECTION AND 
TRANSPORTATION.] Each metropolitan county may adopt ordinances 
governing the collection of solid waste.  A county may adopt, 
but may not be required to adopt, an ordinance that requires the 
separation from mixed municipal waste, by generators before 
collection, of materials that can readily be separated for use 
or reuse as substitutes for raw materials or for transformation 
into a usable soil amendment.  Each local unit of government 
within the metropolitan area shall adopt an ordinance governing 
the collection of solid waste within its boundaries.  If the 
county within which it is located has adopted an a collection 
ordinance, the local unit shall adopt either the county 
ordinance by reference or a more strict ordinance.  If the 
county within which it is located has adopted a separation 
ordinance, the ordinance applies in all local units within the 
county that have failed to meet the local abatement performance 
standards, as stated in the most recent annual county report.  
Ordinances of counties and local government units may establish 
reasonable conditions respecting but shall not prevent the 
transportation of solid waste by a licensed collector through 
and between counties and local units, except as required for the 
enforcement of any designation of a facility by the council 
pursuant to section 473.827.  A licensed collector or a 
metropolitan county or local government unit may request review 
by the council of an ordinance adopted under this subdivision.  
The council shall approve or disapprove the ordinance within 60 
days of the submission of a request for review.  The ordinance 
shall remain in effect unless it is disapproved.  Ordinances of 
counties and local units of government shall provide for the 
enforcement of any designation of facilities by the council 
under section 473.827.  Nothing in this subdivision shall be 
construed to limit the authority of the local government unit to 
regulate and license collectors of solid waste or to require 
review or approval by the council for ordinances regulating 
collection.  
    Sec. 26.  Minnesota Statutes 1984, section 473.811, 
subdivision 5a, is amended to read: 
    Subd. 5a.  [ORDINANCES; SOLID WASTE FACILITIES.] Each 
metropolitan county shall by ordinance establish and from time 
to time revise rules, regulations, and standards for solid waste 
facilities within the county, relating to location, sanitary 
operation, periodic inspection and monitoring, maintenance, 
termination and abandonment, and other pertinent matters.  The 
county ordinance may require facilities accepting mixed 
municipal solid waste for disposal to install scales.  The 
county ordinance shall require permits or licenses for solid 
waste facilities and shall require that such facilities be 
registered with a county office. 
    Sec. 27.  Minnesota Statutes 1984, section 473.811, is 
amended by adding a subdivision to read: 
    Subd. 11.  [EXEMPTION FROM LEVY LIMIT.] Any levy to pay the 
increased costs to a statutory or home rule charter city or town 
of implementing waste reduction and source separation programs 
and facilities consistent with the applicable county master plan 
adopted under section 473.803 is in addition to any other taxes 
authorized by law and must be disregarded in the calculation of 
limits imposed by chapter 275. 
    Sec. 28.  Minnesota Statutes 1984, 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 that conform to the 
certification standards stated in this subdivision.  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 provisions of any master plans of counties adopted 
pursuant to section 473.803, subdivision 1b and that have been 
approved by the council under section 473.803, subdivision 2, 
and that are consistent with the council's abatement plan and 
development schedule.  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. 29.  Minnesota Statutes 1984, 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 sections 
473.833 and 473.840 purposes specified in subdivision 2 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: 
     (a) to provide funds for the environmental analysis of 
solid waste disposal sites; and 
    (b) to make grants to metropolitan counties to pay for:  
(1) the cost of the environmental review of sites, (2) 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 (3) the acquisition of all property or permanent or 
temporary right, title, or interests in property, including 
easements and development rights, for solid waste disposal sites 
and surrounding buffer areas required to be acquired by the 
county, pursuant to sections 473.833 and 473.840, by the 
council's policy plan and development schedule adopted pursuant 
to section 473.149, subdivision 2e, and (4) the acquisition and 
improvement of resource recovery facilities. 
    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. 30.  Minnesota Statutes 1984, section 473.840, 
subdivision 2, is amended to read: 
    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.  
    Sec. 31.  Minnesota Statutes 1984, section 473.842, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [CLOSURE.] "Closure" means actions that will 
prevent, mitigate, or minimize the threat to public health and 
the environment posed by a closed solid waste disposal facility 
including application of final cover; grading and seeding of 
final cover; installation of an adequate monitoring system, if 
necessary; and construction of ground and surface water 
diversion structures. 
    Sec. 32.  Minnesota Statutes 1984, section 473.842, is 
amended by adding a subdivision to read: 
    Subd. 4a.  [POSTCLOSURE, POSTCLOSURE CARE.] "Postclosure" 
and "postclosure care" mean actions taken for the care, 
maintenance, and monitoring of a solid waste disposal facility 
after closure that will prevent, mitigate, or minimize the 
threat to public health and environment posed by the closed 
facility. 
    Sec. 33.  Minnesota Statutes 1984, section 473.844, 
subdivision 2, is amended to read: 
    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 of 
grants and loans and municipal cost recovery payments under this 
section.  
    Sec. 34.  Minnesota Statutes 1984, section 473.844, 
subdivision 5, is amended to read: 
    Subd. 5.  [LANDFILL ABATEMENT COST RECOVERY.] By January 
31, 1986, and each January 31 afterwards, the director of the 
agency council shall pay each statutory and home rule charter 
city and town in the metropolitan area:  (1) 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; and 
(2) $4 per ton of recyclable material collected and recycled 
from residential sources within the city or town.  To qualify 
under this subdivision clauses (1) and (2), the landfill 
abatement and, resource recovery, and recycling must be included 
in the applicable county master plan or approved by the 
metropolitan council and.  To qualify under clause (1), the city 
or town must certify, in the manner and form determined by the 
council, its expenses for the landfill abatement and resource 
recovery.  To qualify under clause (2), the city or town must 
certify, in the manner and form determined by the council, the 
tons collected and recycled.  The amounts necessary to make 
these payments are appropriated from the metropolitan landfill 
abatement fund to the director of the agency for transfer to the 
council. 
    Sec. 35.  [473.848] [RESTRICTION ON DISPOSAL.] 
    After January 1, 1990, waste disposal facilities located in 
the metropolitan area may not accept mixed municipal solid waste 
for disposal unless the waste has been transferred to the 
disposal facility from a resource recovery facility identified 
by the council.  For purposes of this section, mixed municipal 
solid waste does not include street sweepings, construction 
debris, mining waste, foundry sand, and other materials, if they 
are not capable of being processed by resource recovery as 
determined by the council. 
    Sec. 36.  Laws 1984, chapter 644, section 81, subdivision 
2, is amended to read: 
    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 of the appropriation 
in subdivision 1, clause (1) is appropriated from the landfill 
abatement fund to the commissioner of finance for transfer to 
the general fund, and the amount necessary to make the 
reimbursement of the appropriation in subdivision 1, clause (2) 
is appropriated from the landfill contingency action fund to the 
commissioner of finance for transfer to the general fund. 
    Sec. 37.  Laws 1984, chapter 644, section 81, subdivision 
3, is amended to read:  
     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, and the amount necessary 
to make the reimbursement is appropriated, one-half from the 
landfill abatement fund and one-half from the landfill 
contingency action fund, to the commissioner of finance for 
transfer to the general fund. 
    Sec. 38.  [ANOKA COUNTY; RESOURCE RECOVERY.] 
    Subdivision 1.  [SERVICE CHARGES; EXPENDITURES.] Anoka 
county may exercise the powers of a county under Minnesota 
Statutes, section 400.08, in addition to the powers that the 
county may exercise under other law.  The county may expend 
funds for resource recovery purposes under Minnesota Statutes, 
sections 473.801 to 473.845. 
    Subd. 2.  [LEASE OR SALE OF PROPERTY.] Anoka county may 
sell or lease any facilities or property or property rights to 
accomplish the purposes specified by Minnesota Statutes, 
sections 473.149, 473.151, and 473.801 to 473.823, 473.827, 
473.831, 473.833, and 473.834.  The property may be sold or 
leased in the manner provided by Minnesota Statutes, section 
458.196, or may be sold or leased in the manner and on the terms 
and conditions determined by the county board.  The county may 
convey to or permit the use of the property by a local 
government unit, with or without compensation, without 
submitting the matter to the voters of the county.  No real 
property or property rights acquired under this section may be 
disposed of in any manner unless and until the county has 
submitted to the agency and the metropolitan council for review 
and comment the terms on and the use for which the property will 
be disposed of.  The agency and the council shall review and 
comment on the proposed disposition within 60 days after each 
has received the data relating thereto from the county. 
    Subd. 3.  [APPLICATION.] This section applies to Anoka 
county the day after compliance with Minnesota Statutes, section 
645.021, subdivision 3. 
    Sec. 39.  [SOLID WASTE MANAGEMENT.] 
     Subdivision 1.  [LONG-TERM CONTRACTS.] Murray, Nobles, 
Pipestone, and Rock counties may jointly negotiate and enter 
into contracts, for a term not to exceed 30 years, for the 
management of solid waste generated in the counties.  This 
authority supplements other authority of the counties.  
Contracts made by joint negotiations shall be approved by 
resolution adopted by the county board of each county.  The 
contract may only be dissolved, before the date specified in the 
contract, by resolution of the county board of all counties 
involved. 
     Subd. 2.  [APPLICATION.] This section is effective in 
Murray, Nobles, Pipestone and Rock counties the day after 
compliance with Minnesota Statutes, section 645.021, subdivision 
3. 
    Sec. 40.  [JOINT POWERS AGREEMENT.] 
     Murray, Nobles, Pipestone, and Rock counties may enter into 
a joint powers agreement for the management of solid waste under 
section 39.  Other counties that enter into a joint powers 
agreement under section 471.59 with Murray, Nobles, Pipestone, 
and Rock counties may enter contracts under section 39 in the 
same manner as the counties in section 39. 
    Sec. 41.  [PENNINGTON COUNTY; RESOURCE RECOVERY.] 
    Subdivision 1.  [LEASE OR SALE OF PROPERTY.] Pennington 
county may sell or lease any facilities or property or property 
rights to accomplish the purposes specified in Minnesota 
Statutes, chapter 400.  The property may be sold or leased in 
the manner provided by Minnesota Statutes, section 400.14, or 
may be sold or leased in the manner and on the terms and 
conditions determined by the county board. 
    Subd. 2.  [APPLICATION.] This section is effective in 
Pennington county the day after compliance with Minnesota 
Statutes, section 645.021, subdivision 3. 
    Sec. 42.  [ITASCA COUNTY; GRANT, ADVANCE, OR LOAN FROM 
FEDERAL OR STATE GOVERNMENT.] 
     Itasca county may by ordinance accept from the government 
of the United States or the state of Minnesota grants, loans, or 
advances of money for energy improvements to heating facilities 
under Minnesota Statutes, chapter 116J or sections 298.292 to 
298.298, and may make agreements to repay any such loans or 
advances without submitting the proposal to a vote of the people.
    Sec. 43.  [RECOMMENDATIONS ON FINANCIAL RESPONSIBILITY.] 
    By January 1, 1986, the legislative commission on waste 
management shall recommend to the legislature mechanisms that 
will enable owners and operators of solid waste land disposal 
facilities to comply with the requirements of the financial 
responsibility rules adopted under Minnesota Statutes, section 
116.07, subdivision 4h. 
    Sec. 44.  [PUBLIC WELFARE.] 
    Of the appropriations to the commissioner of administration 
for replacing the boiler emission control unit at the Fergus 
Falls State Hospital in Laws 1983, chapter 344, section 12, 
subdivision 4, and Laws 1984, chapter 597, section 18, 
subdivision 3, paragraph (b), up to $500,000 may be used for 
solid waste incineration equipment. 
    Sec. 45.  [APPROPRIATION.] 
    Subdivision 1.  [PURPOSES.] Until June 30, 1987, the 
balance in the metropolitan landfill abatement fund after the 
appropriations in Laws 1984, chapter 644, section 81, 
subdivisions 2 and 3 as amended; and Minnesota Statutes, section 
473.844, subdivision 5, is appropriated to the pollution control 
agency for payment to the metropolitan council and may be used 
by the council for the following purposes: 
(a)  Grants and loans for market 
development for reusable and 
recyclable waste materials              $ 30,000     $ 30,000
(b)  Technical assistance and
administration of grants, loans, and
municipal cost recovery payments        $ 15,000     $ 15,000
(c)  Solid waste management planning
assistance in the metropolitan area     $ 51,000     $ 51,000
(d)  Grants and loans for resource
recovery and public education           $204,000     $204,000
    Any unencumbered balances remaining in the first year do 
not cancel but are available for the second year of the biennium 
for the same purpose.  
    Subd. 2.  [CONTINGENCY.] If in any year the amount in the 
abatement fund is insufficient for the appropriations in this 
section, the appropriation in clause (d) is reduced accordingly. 
    Subd. 3.  [WORK PROGRAM REQUIRED.] Each year, the council 
shall submit to the legislative commission on waste management, 
in the form determined by the commission, a budget and work 
program showing planned expenditures from the fund.  The council 
may not spend the money until the commission has made its 
recommendations on the budget and work program.  The 
recommendations are advisory only.  The council shall report to 
the legislature by February 15 of each year on expenditures from 
the fund. 
    Sec. 46.  [APPLICATION.] 
    Sections 19 to 35 apply in the counties of Anoka, Carver, 
Dakota, Hennepin, Ramsey, Scott, and Washington. 
    Sec. 47.  [REPEALER.] 
    Minnesota Statutes 1984, section 473.843, subdivision 7, is 
repealed. 
    Sec. 48.  [EFFECTIVE DATE.] 
    Section 5 is effective July 1, 1985. 
    Approved May 31, 1985