Office of the Revisor of Statutes
Minnesota Session Laws - 1986, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1986
CHAPTER 425-H.F.No. 1968
An act relating to environment; prohibiting certain
disposal of hazardous waste; providing for the
selection of locations for and developers of hazardous
waste stabilization and containment facilities;
authorizing establishment of county solid waste
management service areas; providing for financing of
certain improvements; authorizing the city of Babbitt
to exercise certain powers for solid waste management
purposes; authorizing St. Louis county to enter into
joint powers agreements with the city of Babbitt;
amending Minnesota Statutes 1984, sections 115.01, by
adding subdivisions; 115A.03, subdivision 1, and by
adding subdivisions; 115A.05, subdivision 2; 115A.06,
by adding a subdivision; 115A.13; 115A.14, subdivision
6; 115A.15, subdivision 6; 400.08; 400.11; 473.153,
subdivision 3, and by adding a subdivision; 473.516,
by adding a subdivision; 473.806, subdivision 2;
473.811, subdivision 2, and by adding a subdivision;
Minnesota Statutes 1985 Supplement, sections 116.07,
subdivision 4h; 275.50, subdivision 5; 473.153,
subdivisions 1, 5, and 6b; and 477A.012; proposing
coding for new law in Minnesota Statutes, chapters
115, 115A, 116C and 400; repealing Minnesota Statutes
1984, sections 115A.17; 400.05; and 400.10; Minnesota
Statutes 1985 Supplement, section 473.811, subdivision
11.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1984, section 115.01, is
amended by adding a subdivision to read:
Subd. 18. [HAZARDOUS WASTE.] "Hazardous waste" means waste
as defined in section 116.06, subdivision 13.
Sec. 2. Minnesota Statutes 1984, section 115.01, is
amended by adding a subdivision to read:
Subd. 19. [RADIOACTIVE WASTE.] "Radioactive waste" means
high-level radioactive waste as defined in section 116C.71,
subdivision 17, and low-level radioactive waste as defined in
article II of the Midwest Interstate Low-Level Radioactive Waste
Compact, as enacted by section 116C.831.
Sec. 3. Minnesota Statutes 1984, section 115.01, is
amended by adding a subdivision to read:
Subd. 20. [POTABLE WATER.] "Potable water" means water
which is or may be used as a source of supply for human
consumption including drinking, culinary use, food processing,
and other similar purposes, and which is suitable for such uses
in its untreated state or when treated using generally
recognized treatment methods.
Sec. 4. Minnesota Statutes 1984, section 115.01, is
amended by adding a subdivision to read:
Subd. 21. [GROUNDWATER.] "Groundwater" means water
contained below the surface of the earth in the saturated zone
including, without limitation, all waters whether under
confined, unconfined, or perched conditions, in near-surface
unconsolidated sediment or regolith, or in rock formations
deeper underground.
Sec. 5. Minnesota Statutes 1984, section 115.01, is
amended by adding a subdivision to read:
Subd. 22. [DEPOSITORY.] "Depository" means: (a) a
disposal facility or stabilization and containment facility for
hazardous waste as defined in section 115A.03; and (b) a
radioactive waste management facility as defined in section
116C.71, subdivision 7.
Sec. 6. [115.063] [HAZARDOUS AND RADIOACTIVE WASTE; STATE
POTABLE WATER PROTECTION POLICY.]
The legislature finds that:
(1) the waters of the state, because of their abundant
quantity and high natural quality, constitute a unique natural
resource of immeasurable value which must be protected and
conserved for the benefit of the health, safety, welfare, and
economic well-being of present and future generations of the
people of the state;
(2) the actual or potential use of the waters of the state
for potable water supply is the highest priority use of that
water and deserves maximum protection by the state; and
(3) the disposal of hazardous waste and radioactive waste
in Minnesota may pose a serious risk of pollution of the waters
of the state, particularly potable water.
It is therefore the policy of the state of Minnesota,
consistent with the state's primary responsibility and rights to
prevent, reduce, and eliminate water pollution and to plan for
the preservation of water resources, that depositories for
hazardous waste or radioactive waste should not be located in
any place or be constructed or operated in any manner that can
reasonably be expected to cause pollution of potable water.
Sec. 7. [115.065] [PROHIBITION OF DISPOSAL.]
The location, construction, or operation of any depository
for hazardous waste or radioactive waste, whether generated
within or outside of the state, in any place or in any manner
that can reasonably be expected to cause the pollution of
potable water is prohibited.
Sec. 8. [115.067] [BELOW GRADE DISPOSAL SYSTEMS;
PROHIBITION; EXCEPTION.]
The construction or operation of a depository for hazardous
waste or radioactive waste in whole or in part below the natural
grade of the land where it is located is prohibited unless the
person proposing to construct or operate the depository
demonstrates that the depository cannot reasonably be expected
to cause the pollution of potable water.
Sec. 9. [115.069] [RADIONUCLIDE POLLUTION; HIGH-LEVEL
NUCLEAR WASTE DEPOSITORY.]
The determination of whether the location, construction, or
operation of a depository for spent nuclear fuel or high-level
radioactive waste can reasonably be expected to cause
radionuclide pollution of potable groundwater in violation of
section 7 shall be made in accordance with the provisions of
section 11.
Sec. 10. [116C.75] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to sections 10 and 11.
Subd. 2. [GROUNDWATER.] "Groundwater" means the water
contained below the surface of the earth in the saturated zone
including, without limitation, all waters whether under
confined, unconfined, or perched conditions, in near surface
unconsolidated sediment or regolith, or in rock formations
deeper underground.
Subd. 3. [UNDISTURBED PERFORMANCE.] "Undisturbed
performance" means the predicted behavior of a radioactive waste
management facility, including consideration of the
uncertainties in predicted behavior, if the radioactive waste
management facility is not disrupted by human intrusion or
unlikely natural events.
Sec. 11. [116C.76] [NUCLEAR WASTE DEPOSITORY RELEASE INTO
GROUNDWATER.]
Subdivision 1. [RADIONUCLIDE RELEASE LEVELS.] Radioactive
waste management facilities for spent nuclear fuel or high-level
radioactive wastes must be designed to provide a reasonable
expectation that the undisturbed performance of the radioactive
waste management facility will not cause the radionuclide
concentrations, averaged over any year, in groundwater to exceed:
(1) five picocuries per liter of radium-226 and radium-228;
(2) 15 picocuries per liter of alpha-emitting radionuclides
including radium-226 and radium-228, but excluding radon; or
(3) the combined concentrations of radionuclides that emit
either beta or gamma radiation that would produce an annual dose
equivalent to the total body of any internal organ greater than
four millirems per year if an individual consumed two liters per
day of drinking water from the groundwater.
Subd. 2. [DISPOSAL RESTRICTED.] The location or
construction of a radioactive waste management facility for high
level radioactive waste is prohibited where the average annual
radionuclide concentrations in groundwater before construction
of the facility exceed the limits in subdivision 1.
Subd. 3. [PROTECTION AGAINST RADIONUCLIDE
RELEASE.] Radioactive waste management facilities must be
selected, located, and designed to keep any allowable
radionuclide releases to the groundwater as low as reasonably
achievable.
Sec. 12. Minnesota Statutes 1984, section 115A.03,
subdivision 1, is amended to read:
Subdivision 1. For the purposes of sections 115A.01 to
115A.72 chapter 115A, the terms defined in this section have the
meanings given them, unless the context requires otherwise.
Sec. 13. Minnesota Statutes 1984, section 115A.03, is
amended by adding a subdivision to read:
Subd. 7a. [CONTAINMENT.] "Containment" means isolating,
controlling, and monitoring waste in a waste facility in order
to prevent a release of waste from the facility that would have
an adverse impact upon human health and the environment.
Sec. 14. Minnesota Statutes 1984, section 115A.03, is
amended by adding a subdivision to read:
Subd. 13a. [INDUSTRIAL WASTE.] "Industrial waste" means
solid waste resulting from an industrial, manufacturing,
service, or commercial activity that is managed as a separate
waste stream.
Sec. 15. Minnesota Statutes 1984, section 115A.03, is
amended by adding a subdivision to read:
Subd. 32a. [STABILIZATION.] "Stabilization" means a
chemical or thermal process in which materials or energy are
added to waste in order to reduce the possibility of migration
of any hazardous constituents of the resulting stabilized waste
in preparation for placement of the waste in a stabilization and
containment facility.
Sec. 16. Minnesota Statutes 1984, section 115A.03, is
amended by adding a subdivision to read:
Subd. 32b. [STABILIZATION AND CONTAINMENT
FACILITY.] "Stabilization and containment facility" means a
waste facility that is designed for stabilization and
containment of waste, together with other appurtenant facilities
needed to process waste for stabilization, containment, or
transfer to another facility.
Sec. 17. Minnesota Statutes 1984, section 115A.03, is
amended by adding a subdivision to read:
Subd. 37. [WASTE RENDERED NONHAZARDOUS.] "Waste rendered
nonhazardous" means (1) waste excluded from regulation as a
hazardous waste under the delisting requirements of United
States Code, title 42, section 6921 and any federal and state
delisting rules, and (2) other nonhazardous residual waste from
the processing of hazardous waste.
Sec. 18. Minnesota Statutes 1984, section 115A.05,
subdivision 2, is amended to read:
Subd. 2. [PERMANENT MEMBERS.] Eight of the permanent
members of the board shall be appointed by the governor, with
the advice and consent of the senate, to represent diverse areas
and interests within the state. One member shall be appointed
from each congressional district in accordance with boundaries
existing on January 1, 1980. The term of office and
compensation of the eight members thus appointed, and the manner
of removal and filling of vacancies, shall be as provided in
section 15.0575, except that the initial term of all members
shall extend until 90 days after the board makes the decisions
required by section 115A.28 and the terms of members serving on
the effective date of this section expire on that date. The
rate of compensation shall be $50 per day spent on board
activities. The ninth permanent member of the board shall be
the chairperson who shall be appointed by the governor with the
advice and consent of the senate. Senate confirmation of the
permanent members of the board shall be as provided by section
15.066. The chairperson shall serve at the pleasure of the
governor for a term coterminous with that of the governor,
except that the initial term of the chairperson shall extend
until 90 days after the board makes the decisions required by
section 115A.28. The chairperson shall be the executive and
operating officer of the board and shall determine the time and
place of meetings, preside at meetings, appoint all board
officers and hire and supervise all employees subject to the
approval of the board, carry out the policy decisions of the
board, and perform all other duties and functions assigned to
him by the board or by law. No permanent member of the board
shall hold other elected or appointed public office.
Sec. 19. Minnesota Statutes 1984, section 115A.06, is
amended by adding a subdivision to read:
Subd. 14. [NONHAZARDOUS AND INDUSTRIAL WASTE; EVALUATION
OF WASTE MANAGEMENT.] The board may evaluate and make
recommendations for the management of waste rendered
nonhazardous and industrial waste that should be managed
separately from mixed municipal solid waste, and may provide
technical and planning assistance to political subdivisions,
waste generators, and others for the purpose of identifying,
developing, and implementing alternative management methods for
those wastes.
Sec. 20. Minnesota Statutes 1984, section 115A.13, is
amended to read:
115A.13 [BOARD; EXPIRATION.]
The board shall cease ceases to exist on June 30, 1987
1992.
Sec. 21. Minnesota Statutes 1984, section 115A.14,
subdivision 6, is amended to read:
Subd. 6. [EXPIRATION.] The provisions of this section
shall expire on June 30, 1987 1992.
Sec. 22. Minnesota Statutes 1984, section 115A.15,
subdivision 6, is amended to read:
Subd. 6. [RESOURCE RECOVERY REVOLVING ACCOUNT.] Upon the
certification of the commissioner of administration, the
commissioner of finance shall establish an account in the
general services revolving fund, effective June 30, 1980, for
the operation of the state government resource recovery
program. The revolving account shall consist of all funds
appropriated by the state for the program, all revenues
resulting from the sale of recyclable and reusable commodities
made available for sale as a result of the resource recovery
program and all reimbursements to the commissioner of his
expenses incurred in developing and administering resource
recovery systems for state agencies, local governments, and
regional agencies. The account may be used for all activities
associated with the program including payment of administrative
and operating costs, except statewide and agency indirect costs.
Sec. 23. [115A.175] [SITING AND FACILITY DEVELOPMENT
AUTHORITY; LIMITATIONS.]
Subdivision 1. [SITING ACTIVITY.] The board shall
terminate all activity under sections 115A.18 to 115A.30
relating to the selection and evaluation of sites for hazardous
waste facilities, except as provided in this section.
Subd. 2. [DISMISSAL OF CANDIDATE SITES.] All candidate
sites remaining under section 115A.21, subdivision 1, are
dismissed from further consideration as candidate sites for
hazardous waste facilities.
Subd. 3. [ALTERNATIVE SITING PROCEDURE.] The board shall
proceed with site evaluation and selection in accordance with
sections 24 to 27. In evaluating and selecting sites under
sections 24 to 27, the board shall act in accordance with
sections 115A.18 to 115A.20, except as otherwise provided in
sections 24 to 27.
Subd. 4. [STABILIZATION AND CONTAINMENT FACILITY;
RESTRICTIONS; CONTAINMENT STANDARDS TO PROTECT HUMAN HEALTH AND
ENVIRONMENT.] No facility may be sited under sections 115A.18 to
115A.30 except a stabilization and containment facility. The
facility must be above grade unless the board determines, after
environmental review under section 27, subdivision 2, that an
alternative design would provide greater protection for human
health and the environment. No waste may be accepted for
containment at the facility except the following:
(a) waste rendered nonhazardous;
(b) industrial waste; and
(c) waste that is not eligible for acceptance under clause
(a) or (b), if the agency determines that all of the following
requirements are met:
(1) there is no feasible and prudent alternative to
containment of the waste that would minimize adverse impact upon
human health and the environment;
(2) the waste has been treated using feasible and prudent
technology that minimizes the possibility of migration of any
hazardous constituents of the waste; and
(3) the waste meets the standards adopted to protect human
health and the environment under the authority of 42 U.S.C.
section 6924(m), and any additional protective standards adopted
by the agency under section 116.07, subdivision 4.
If no federal or state standards have been adopted for a
waste as provided in clause (3), the waste may not be accepted
for containment.
A person proposing a waste for containment at the facility
has the burden of demonstrating that the waste may be accepted
under the requirements of this subdivision. The demonstration
under clause (c) must document in a form satisfactory to the
agency the manner in which the person has attempted to meet the
standard for acceptance of the waste under clause (a) and the
characteristics of the waste that prevent compliance with that
standard.
Subd. 5. [AGENCY ADOPTION OF RULES.] The agency shall
adopt rules under chapter 14 establishing procedures by which a
person must demonstrate that a hazardous waste can be accepted
by the facility as provided in subdivision 4. The agency shall
adopt all rules necessary to implement the provisions of
subdivision 4 and this subdivision before granting any permit
for operation of the facility.
Sec. 24. [115A.191] [VOLUNTARY CONTRACTS WITH COUNTIES.]
Subdivision 1. [BOARD TO SEEK CONTRACTS.] The waste
management board and any eligible county board may enter a
contract as provided in this section expressing their voluntary
and mutually satisfactory agreement concerning the location and
development of a stabilization and containment facility. The
chair shall negotiate contracts with eligible counties and shall
present drafts of the negotiated contracts to the board for its
approval. The chair shall actively solicit, encourage, and
assist counties, together with developers, landowners, the local
business community, and other interested parties, in developing
resolutions of interest. The county shall provide affected
political subdivisions and other interested persons with an
opportunity to suggest contract terms.
Subd. 2. [RESOLUTION OF INTEREST IN NEGOTIATING;
ELIGIBILITY.] A county is eligible to negotiate a contract under
this section if the county board files with the waste management
board and the board accepts a resolution adopted by the county
board that expresses the county board's interest in negotiations
and its willingness to accept the preliminary evaluation of one
or more study areas in the county for consideration as a
location of a stabilization and containment facility. The
county board resolution expressing interest in negotiations must
provide for county cooperation with the board, as necessary to
facilitate the evaluation of study areas in the county, and for
the appointment of a member of the county board or an officer or
employee of the county as official liaison with the board with
respect to the matters provided in the resolution and future
negotiations with the board. A county board by resolution may
withdraw a resolution of interest, and the waste management
board may withdraw its acceptance of such a resolution, at any
time before the parties execute a contract under this section.
A county that is eligible to negotiate a contract shall receive
the benefits as provided in section 42.
Subd. 3. [EVALUATION OF STUDY AREAS.] The chair, in
cooperation with the county board, may engage in activities
necessary for the evaluation of study areas in any county that
is eligible to negotiate a contract under this section. The
determination of whether any study area may be considered or
excluded from consideration under sections 115A.18 to 115A.20
and sections 24 to 27 is exclusively the authority of the
board. Before entering a contract under this section, the board
shall determine whether the study area identified in the
contract is appropriate for preparation of an environmental
impact statement.
Subd. 4. [REQUIREMENTS OF CONTRACT.] A contract between
the board and a county must include provisions by which:
(a) the state, acting through the board, agrees to
implement the terms of the contract and provide the benefits and
implement the procedures and practices agreed upon pursuant to
subdivision 5;
(b) the state, acting through the board, agrees to provide
benefits to the county under section 42; and
(c) the county agrees that the study area or areas in the
county that have been determined by the board to be appropriate
for preparation of an environmental impact statement are subject
to evaluation and selection by the board as provided in section
27.
After executing the contract, the study areas identified in
the contract remain subject to the provisions of section 27
until the study areas are dismissed from further consideration
by the board.
Subd. 5. [NEGOTIATED TERMS.] A contract executed under
subdivision 4 may contain any terms agreed upon by the state and
the county, including:
(a) procedures relating to the evaluation and selection of
a site and the construction, operation, and maintenance of a
proposed facility, including procedures for cooperation,
consultation, and coordination between the board and the county
or political subdivisions in the county on those matters;
(b) practices and procedures necessary to assure and
demonstrate safe operation of a proposed facility;
(c) services, compensation, or benefits to be provided by
the state to the county or political subdivisions in the county,
including (i) payments in lieu of taxes on a publicly owned site;
(ii) compensation for property owners adjoining or in close
proximity to the facility through property tax relief or
assurance of property value; (iii) compensation for local public
expenditures necessitated by the facility; (iv) compensation for
demonstrable private and community impacts from the facility;
(v) monetary compensation to the county and other parties
affected by the facility, in addition to compensation for
necessary expenditures and demonstrable impacts; (vi) provision
of services or benefits to promote the health, safety, comfort,
and economic development and well-being of the county and its
citizens;
(d) provision for amendment of the contract; and
(e) provisions for resolutions of disputes under the
contract.
Terms of the contract requiring enactment of additional
state law, including an appropriation law, are contingent on
that enactment. The contract may provide for implementation of
its terms during evaluation of a study area in the county under
section 27 and in the event that a study area in the county is
selected as the site for a facility under that section.
Sec. 25. [115A.192] [SELECTION OF DEVELOPER OF
STABILIZATION AND CONTAINMENT FACILITY; REQUEST FOR PROPOSALS.]
Subdivision 1. [REQUEST FOR PROPOSALS.] The chair shall
issue requests for proposals for the development and operation
of a stabilization and containment facility. The request must
be designed to obtain detailed information about the
qualifications of a respondent to develop and operate the
facility; the capital and operating costs of the facility and
the sources and methods by which the respondent plans to finance
the facility; the technical specifications of the proposed
facility and the technologies to be employed for processing,
stabilization, containment, and monitoring; the requirements of
the site for the proposed facility; the schedule for developing
and commencing operation of the facility; and other matters
which the chair deems necessary for the board to evaluate and
select a developer and operator for the facility. Before
issuing the requests, the chair shall prepare a draft of clauses
(a) to (e) of the report required by section 26. The draft must
accompany the requests for proposals.
Subd. 2. [SELECTION OF DEVELOPER; PROCEDURE.] After
evaluating responses to the request for proposals and before
selecting a site as provided in section 27, the board shall
decide whether to select a developer for a stabilization and
containment facility. If the board selects a developer it shall
proceed as provided in section 27 to select a site for the
development of a facility. If the board decides not to select a
developer, the board shall proceed as provided in section 27 to
select and acquire a site for potential future development of a
facility.
Sec. 26. [115A.193] [REPORT ON FACILITY DEVELOPMENT.]
The chair shall prepare a report concerning the development
of a stabilization and containment facility. The report must
include:
(a) a conceptual plan that describes and evaluates the
proposed design and operation of the facility, including an
evaluation of technical feasibility, a description and
evaluation of the types and quantities of hazardous waste and
nonhazardous residual waste from hazardous waste processing that
the facility would be designed to accept, and a description and
evaluation of technologies needed or desired at the facility for
processing, stabilization, and containment, including above
grade containment;
(b) procedures and standards for the operation of the
facility that require the use of reduction, recycling, and
recovery of any hazardous waste before the waste is accepted for
stabilization when the alternative or additional management
method is feasible and prudent and would materially reduce
adverse impact on human health and the environment;
(c) evaluation of the design and use of the facility for
processing, stabilization, or containment of industrial waste,
including technical and regulatory issues and alternative
management methods;
(d) evaluation of feasible and prudent technologies that
may substantially reduce the possibility of migration of any
hazardous constituents of wastes that the facility would be
designed to accept;
(e) a general analysis of the necessary and desirable
physical, locational, and other characteristics of a site for
the facility;
(f) an evaluation of the prospects of and conditions
required for the regulatory delisting of residual waste from
hazardous waste processing;
(g) an evaluation of the feasibility of an interstate,
regional approach to the management of hazardous waste; and
(h) an economic feasibility analysis of the development and
operation of the facility, including the anticipated use of the
facility by Minnesota generators from within and outside the
state, and sources of private and public financing that may be
available or necessary for development or operation.
The chair shall submit a draft of the report to the board
and the legislative commission on waste management by July 1,
1988, and before executing contracts under section 24.
Sec. 27. [115A.194] [EVALUATION AND SELECTION OF SITES;
PERMITS.]
Subdivision 1. [BOARD; DETERMINATION OF SITING PROCEDURE.]
The board shall proceed to take the actions provided in
subdivisions 2 and 4 pursuant to any contracts executed under
section 24.
Subd. 2. [BOARD; REQUIREMENTS BEFORE DECISIONS.] Before
the board makes decisions under subdivision 4:
(a) the board shall complete environmental impact
statements on the environmental effects of the decisions, in the
manner provided in chapter 116D and the rules issued under that
chapter; and
(b) the chair shall present to the board the report on
facility development prepared as provided in section 26.
Subd. 3. [AGENCIES; REPORT ON PERMIT CONDITIONS AND
APPLICATION REQUIREMENTS.] Within 30 days following the
determination of the adequacy of the environmental impact
statements and the presentation of the report on facility
development, after consulting with the board, facility
developers, and affected local government units, the chief
executive officer of each permitting state agency shall issue to
the board reports on permit conditions and permit application
requirements at each location. The reports must indicate, to
the extent possible based on existing information, the probable
terms, conditions, and requirements of permits, and the probable
supplementary documentation that will be required for the
environmental impact statement and permit applications under
subdivision 5. If the board has selected a developer, the
report of the agency must include a description of the rules
necessary to implement the provisions of section 23, subdivision
4.
Subd. 4. [BOARD DECISIONS.] Within 90 days after the board
has determined the adequacy of the environmental impact
statement, the board shall: (1) specify the type, capacity, and
function of the stabilization and containment facility,
including operating and design standards for the facility; and
(2) select one of the study areas evaluated under this section
as the site for the facility, unless the board determines, based
upon potential significant adverse effects on the environment,
that none of the study areas should be selected as the site
consistent with the reasonable requirements of the public
health, safety, and welfare and the state's paramount concern
for the protection of its air, water, land, and other natural
resources from pollution, impairment, or destruction. The
provisions of sections 115A.28, subdivisions 2 and 3 and 115A.30
apply to any board decision to select a study area as a site
under this subdivision.
If the board selects a study area as a site under this
subdivision, the board shall dismiss all other study areas from
further consideration. If the board does not select a study
area as a site under this subdivision, the board shall dismiss
all study areas from further consideration.
Subd. 5. [AGENCY; PERMITS; ENVIRONMENTAL REVIEW.] Before
the agency issues permits for the facility, the agency shall
complete an environmental impact statement specifically on the
environmental effects of permitting decisions required to be
made by permitting agencies. The statement must be completed in
the manner provided in chapter 116D and the rules issued under
that chapter.
Sec. 28. Minnesota Statutes 1985 Supplement, 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 July 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. 29. Minnesota Statutes 1985 Supplement, section
275.50, subdivision 5, is amended to read:
Subd. 5. Notwithstanding any other law to the contrary for
taxes levied in 1983 payable in 1984 and subsequent years,
"special levies" means those portions of ad valorem taxes levied
by governmental subdivisions to:
(a) satisfy judgments rendered against the governmental
subdivision by a court of competent jurisdiction in any tort
action, or to pay the costs of settlements out of court against
the governmental subdivision in a tort action when substantiated
by a stipulation for the dismissal of the action filed with the
court of competent jurisdiction and signed by both the plaintiff
and the legal representative of the governmental subdivision,
but only to the extent of the increase in levy for such
judgments and out of court settlements over levy year 1970,
taxes payable in 1971;
(b) pay the costs of complying with any written lawful
order initially issued prior to January 1, 1977 by the state of
Minnesota, or the United States, or any agency or subdivision
thereof, which is authorized by law, statute, special act or
ordinance and is enforceable in a court of competent
jurisdiction, or any stipulation agreement or permit for
treatment works or disposal system for pollution abatement in
lieu of a lawful order signed by the governmental subdivision
and the state of Minnesota, or the United States, or any agency
or subdivision thereof which is enforceable in a court of
competent jurisdiction. The commissioner of revenue shall in
consultation with other state departments and agencies, develop
a suggested form for use by the state of Minnesota, its agencies
and subdivisions in issuing orders pursuant to this subdivision;
(c) pay the costs to a governmental subdivision for their
minimum required share of any program otherwise authorized by
law for which matching funds have been appropriated by the state
of Minnesota or the United States, excluding the administrative
costs of public assistance programs, to the extent of the
increase in levy over the amount levied for the local share of
the program for the taxes payable year 1971. This clause shall
apply only to those programs or projects for which matching
funds have been designated by the state of Minnesota or the
United States on or before September 1, of the previous year and
only when the receipt of these matching funds is contingent upon
the initiation or implementation of the project or program
during the year in which the taxes are payable or those programs
or projects approved by the commissioner;
(d) pay the costs not reimbursed by the state or federal
government, of payments made to or on behalf of recipients of
aid under any public assistance program authorized by law, and
the costs of purchase or delivery of social services. Except
for the costs of general assistance as defined in section
256D.02, subdivision 4, general assistance medical care under
section 256D.03 and the costs of hospital care pursuant to
section 261.21, the aggregate amounts levied pursuant to this
clause are subject to a maximum increase of 18 percent over the
amount levied for these purposes in the previous year;
(e) pay the costs of principal and interest on bonded
indebtedness or to reimburse for the amount of liquor store
revenues used to pay the principal and interest due in the year
preceding the year for which the levy limit is calculated on
municipal liquor store bonds;
(f) pay the costs of principal and interest on certificates
of indebtedness, except tax anticipation or aid anticipation
certificates of indebtedness, issued for any corporate purpose
except current expenses or funding an insufficiency in receipts
from taxes or other sources or funding extraordinary
expenditures resulting from a public emergency; and to pay the
cost for certificates of indebtedness issued pursuant to
sections 298.28 and 298.282;
(g) fund the payments made to the Minnesota state armory
building commission pursuant to section 193.145, subdivision 2,
to retire the principal and interest on armory construction
bonds;
(h) provide for the bonded indebtedness portion of payments
made to another political subdivision of the state of Minnesota;
(i) pay the amounts required to compensate for a decrease
in manufactured homes property tax receipts to the extent that
the governmental subdivision's portion of the total levy in the
current levy year, pursuant to section 274.19, subdivision 8, as
amended, is less than the distribution of the manufactured homes
tax to the governmental subdivision pursuant to Minnesota
Statutes 1969, section 273.13, subdivision 3, in calendar year
1971;
(j) pay the amounts required, in accordance with section
275.075, to correct for a county auditor's error of omission but
only to the extent that when added to the preceding year's levy
it is not in excess of an applicable statutory, special law or
charter limitation, or the limitation imposed on the
governmental subdivision by sections 275.50 to 275.56 in the
preceding levy year;
(k) pay amounts required to correct for an error of
omission in the levy certified to the appropriate county auditor
or auditors by the governing body of a city or town with
statutory city powers in a levy year, but only to the extent
that when added to the preceding year's levy it is not in excess
of an applicable statutory, special law or charter limitation,
or the limitation imposed on the governmental subdivision by
sections 275.50 to 275.56 in the preceding levy year;
(l) pay the increased cost of municipal services as the
result of an annexation or consolidation ordered by the
Minnesota municipal board but only to the extent and for the
levy years as provided by the board in its order pursuant to
section 414.01, subdivision 15. Special levies authorized by
the board shall not exceed 50 percent of the levy limit base of
the governmental subdivision and may not be in effect for more
than three years after the board's order;
(m) pay the increased costs of municipal services provided
to new private industrial and nonresidential commercial
development, to the extent that the extension of such services
are not paid for through bonded indebtedness or special
assessments, and not to exceed the amount determined as
follows. The governmental subdivision may calculate the
aggregate of:
(1) the increased expenditures necessary in preparation for
the delivering of municipal services to new private industrial
and nonresidential commercial development, but limited to one
year's expenditures one time for each such development;
(2) the amount determined by dividing the overall levy
limitation established pursuant to sections 275.50 to 275.56,
and exclusive of special levies and special assessments, by the
total taxable value of the governmental subdivision, and then
multiplying this quotient times the total increase in assessed
value of private industrial and nonresidential commercial
development within the governmental subdivision. For the
purpose of this clause, the increase in the assessed value of
private industrial and nonresidential commercial development is
calculated as the increase in assessed value over the assessed
value of the real estate parcels subject to such private
development as most recently determined before the building
permit was issued. In the fourth levy year subsequent to the
levy year in which the building permit was issued, the increase
in assessed value of the real estate parcels subject to such
private development shall no longer be included in determining
the special levy.
The aggregate of the foregoing amounts, less any costs of
extending municipal services to new private industrial and
nonresidential commercial development which are paid by bonded
indebtedness or special assessments, equals the maximum amount
that may be levied as a "special levy" for the increased costs
of municipal services provided to new private industrial and
nonresidential commercial development. In the levy year
following the levy year in which the special levy made pursuant
to this clause is discontinued, one-half of the amount of that
special levy made in the preceding year shall be added to the
permanent levy base of the governmental subdivision;
(n) recover a loss or refunds in tax receipts incurred in
nonspecial levy funds resulting from abatements or court action
in the previous year pursuant to section 275.48;
(o) pay amounts required by law to be paid to pay the
interest on and to reduce the unfunded accrued liability of
public pension funds in accordance with the actuarial standards
and guidelines specified in sections 356.215 and 356.216 reduced
by 106 percent of the amount levied for that purpose in 1976,
payable in 1977. For the purpose of this special levy, the
estimated receipts expected from the state of Minnesota pursuant
to sections 69.011 to 69.031 or any other state aid expressly
intended for the support of public pension funds shall be
considered as a deduction in determining the required levy for
the normal costs of the public pension funds. No amount of
these aids shall be considered as a deduction in determining the
governmental subdivision's required levy for the reduction of
the unfunded accrued liability of public pension funds;
(p) the amounts allowed under section 174.27 to establish
and administer a commuter van program;
(q) pay the costs of financial assistance to local
governmental units and certain administrative, engineering, and
legal expenses pursuant to Laws 1979, chapter 253, section 3;
(r) compensate for revenue lost as a result of abatements
or court action pursuant to section 270.07, 270.17 or 278.01 due
to a reassessment ordered by the commissioner of revenue
pursuant to section 270.16;
(s) pay the total operating cost of a county jail as
authorized in section 641.01. If the county government utilizes
this special levy, then any amount levied by the county
government in the previous year for operating its county jail
and included in its previous year's levy limitation computed
pursuant to section 275.51 shall be deducted from the current
levy limitation;
(t) pay the costs of implementing section 18.023, including
sanitation and reforestation; and
(u) pay the estimated cost for the following calendar year
of the county's share of funding the Minnesota cooperative soil
survey; and
(v) pay the costs of meeting the planning requirements of
section 115A.46; the requirements of section 115A.917; the
planning requirements of the metropolitan plan adopted under
section 473.149 and county master plans adopted under section
473.803; waste reduction and source separation programs and
facilities; response actions that are financed in part by
service charges under section 400.08 or section 22; closure and
postclosure care of a solid waste facility closed by order of
the pollution control agency or by expiration of an agency
permit before January 1, 1989; and current operating and
maintenance costs of a publicly-owned solid waste processing
facility financed with general obligation bonds issued after a
referendum before the effective date of this section.
Sec. 30. Minnesota Statutes 1984, section 400.08, is
amended to read:
400.08 [SERVICE AREAS AND CHARGES.]
Subdivision 1. [DEFINITION.] For purposes of this section,
"solid waste management services" includes collection,
processing, and disposal of solid waste, closure and
post-closure care of a solid waste facility, and response, as
defined in section 115B.02, to releases from a solid waste
facility or closed solid waste facility.
Subd. 2. [SERVICE AREAS.] In addition to the power that
the county may exercise under other law, and in order to provide
solid waste management services to those areas needing services,
the county board by resolution may establish and determine the
boundaries of solid waste management service areas in the
county. Before the adoption of the resolution the county board
shall hold a public hearing on the question. If a service area
is established, the county board may impose service charges for
solid waste management services for the area and may levy a tax
on all the property in the area, or any combination of charges
and taxes. The county board may enlarge any existing service
area following the procedures specified in this section. Upon
the petition of the landowner, land may be added to the service
area without a public hearing on the enlargement.
Subd. 3. [SERVICE CHARGES.] The county may establish by
ordinance, revise when deemed advisable, and collect just and
reasonable rates and charges for solid waste management services
provided by the county or by others under contract with the
county. The ordinance may obligate the owners, lessees, or
occupants of property, or any or all of them, to pay charges for
solid waste management services to their properties and may
obligate the user of any facility to pay a reasonable charge for
the use of the facility. Rates and charges may take into
account the character, kind, and quality of the service and of
the solid waste, the method of disposition, the number of people
served at each place of collection, and all other factors that
enter into the cost of the service, including but not limited to
depreciation and payment of principal and interest on money
borrowed by the county for the acquisition or betterment of
facilities. A notice of intention to enact an ordinance,
published pursuant to section 375.51, subdivision 2, shall
provide for a public hearing prior to the meeting at which the
ordinance is to be considered.
Subd. 4. [COLLECTION.] The rates and charges may be billed
and collected in a manner the board shall determine. On or
before October 15 in each year, the county board shall may
certify to the county auditor all unpaid outstanding charges for
services hereunder, and a statement of the description of the
lands which were serviced and against which the charges arose.
It shall be the duty of the county auditor, upon order of the
county board, to extend the assessments, with interest not to
exceed six percent as the interest rate provided for in the
county ordinance section 279.03, subdivision 1, upon the tax
rolls of the county for the taxes of the year in which the
assessment is filed. For each year ending October 15 the
assessment with interest shall be carried into the tax becoming
due and payable in January of the following year, and shall be
enforced and collected in the manner provided for the
enforcement and collection of real property taxes in accordance
with the provisions of the laws of the state. The charges, if
not paid, shall become delinquent and be subject to the same
penalties and the same rate of interest as the taxes under the
general laws of the state. All rates and charges shall be
uniform in their application to use and service of the same
character and quantity. A notice of intention to enact such an
ordinance, published pursuant to section 375.51, subdivision 2,
shall provide for a public hearing thereon to be held prior to
the meeting at which the ordinance is to be considered.
Sec. 31. [400.101] [BONDS.]
The county, by resolution, may authorize the issuance of
bonds to provide funds for the acquisition or betterment of
solid waste facilities, related transmission facilities, or
property or property rights for the facilities, for improvements
of a capital nature to respond, as defined in section 115B.02,
to releases from closed solid waste facilities, or for refunding
any outstanding bonds issued for any such purpose, and may
pledge to the payment of the bonds and the interest thereon, its
full faith, credit, and taxing powers, or the proceeds of any
designated tax levies, or the gross or net revenues or charges
to be derived from any facility operated by or for the county,
or any combination thereof. Except as otherwise provided in
this section, the bonds must be issued and sold in accordance
with the provisions of chapter 475. The proceeds of the bonds
may be used in part to establish a reserve as further security
for the payment of the principal and interest of the bonds when
due. Revenue bonds issued under this section may be sold at
public or private sale upon conditions that the county board
determines, but any bonds to which the full faith and credit and
taxing powers of the county are pledged must be sold in
accordance with the provisions of chapter 475. No election is
required to authorize the issuance of bonds under this section.
Sec. 32. Minnesota Statutes 1984, section 400.11, is
amended to read:
400.11 [TAX LEVIES; ADVANCE FUNDING.]
The county may levy taxes for solid waste management
purposes upon all taxable property within the county, which
shall not affect the amount or rate of taxes which may be levied
for other county purposes. The county may levy a tax in
anticipation of need for solid waste management purposes as
specified in the resolution levying the tax, appropriating the
proceeds of the tax to a special fund to be used only for those
purposes and, until used, to be invested in securities
authorized in section 475.66.
Sec. 33. Minnesota Statutes 1985 Supplement, section
473.153, subdivision 1, is amended to read:
Subdivision 1. [FACILITIES REQUIRED.] Except as provided
in subdivision 7 and section 115A.33, all 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 acquire and own all of the
facilities needed for the disposal of solid waste the sludge ash
generated by the commission. The council and the commission
shall acquire and establish at least one facility for sludge ash
disposal at a site selected by the council under this section,
unless the council and the agency determine under section 35
that the facility is not needed.
Sec. 34. Minnesota Statutes 1984, section 473.153,
subdivision 3, is amended to read:
Subd. 3. [MORATORIUM.] In order to permit the comparative
evaluation of sites and the participation of affected localities
in decisions about the use of sites, a moratorium is hereby
imposed as provided in this subdivision on development within
the area of each candidate site and buffer area selected by the
council. The moratorium shall extend until six months following
the council's decision under subdivision 6 or until the sites
are dismissed from consideration pursuant to section 35. No
development shall be allowed to occur within the area of a site
or buffer area during the period of the moratorium without the
approval of the council. No county, city, or town land use
control shall permit development which has not been approved by
the council, nor shall any county, city, or town sanction or
approve any subdivision, permit, license, or other authorization
which would allow development to occur which has not been
approved by the council. The council shall not approve actions
which would jeopardize the availability of a candidate site for
use as a solid waste facility. The council may establish
guidelines for reviewing requests for approval under this
subdivision. Requests for approval shall be submitted in
writing to the chairman of the council and shall be deemed to be
approved by the council unless the chairman otherwise notifies
the submitter in writing within 15 days.
Sec. 35. Minnesota Statutes 1984, section 473.153, is
amended by adding a subdivision to read:
Subd. 4a. [NEED FOR FACILITY; OPTION TO TERMINATE SITING.]
The council may determine, by resolution following a public
hearing, that the new sludge ash disposal facility to be
acquired and established under this section, as required by
subdivision 1, is not needed, because the council finds that
permitted management methods other than land disposal, together
with land disposal of ash on property owned by the commission
prior to March 1, 1986, will be sufficient to accommodate all of
the commission's ash without the acquisition and establishment
of a new facility. A determination of the council that the
facility is not needed is subject to review and approval by the
pollution control agency. If the agency disapproves, the
council and the commission shall proceed to site, acquire, and
establish the facility as required by this section. If the
agency approves, the council shall terminate the siting process
established by this section and permanently dismiss the
candidate sites from further consideration as sites for the
facility.
Sec. 36. Minnesota Statutes 1985 Supplement, section
473.153, subdivision 5, is amended to read:
Subd. 5. [ENVIRONMENTAL REVIEW.] Unless the council and
the agency determine under section 35 that the sludge ash
disposal facility required by subdivision 1 is not needed, 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 subject to decision by the council pursuant
to subdivision 6b.
Sec. 37. Minnesota Statutes 1985 Supplement, section
473.153, subdivision 6b, is amended to read:
Subd. 6b. [CERTIFICATION OF NEED.] No new facility for
disposing of The disposal of sludge ash and other waste
generated by the commission shall be is not 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 additional ash disposal capacity is needed
necessary.
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 ash disposal, 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 subdivision
2.
Sec. 38. Minnesota Statutes 1984, section 473.516, is
amended by adding a subdivision to read:
Subd. 5. Notwithstanding section 473.523, the commission
may enter into a negotiated contract with a private person to
use the sludge ash generated by the commission in a
manufacturing process. The contract may not exceed 30 years.
Sec. 39. Minnesota Statutes 1984, section 473.806,
subdivision 2, is amended to read:
Subd. 2. [ACQUISITION OF TEMPORARY DEVELOPMENT RIGHTS.] If
pursuant to subdivision 1 the council refuses to approve
development which is permitted by local development plans, land
use classification, and zoning and other official controls
applying to the property on February 1, 1983, the land owner may
elect to have the county purchase temporary development rights
to the property for the period extending from the date when the
council approved the site which affects the property for
inclusion in the metropolitan inventory of sites until July 1,
1985 December 31, 1987. The election must be made within 30
days of the council's decision to refuse to approve
development. The council shall provide funds, from the proceeds
of the bonds issued pursuant to section 473.831, for the county
to purchase the temporary development rights. The land owner's
compensation shall be determined by the agreement of the owner,
the county, and the council. If the parties cannot agree within
60 days of the owner's election, the county shall acquire the
temporary development rights through eminent domain proceedings,
and the land owner's compensation shall be the fair market value
of the temporary development rights. A landowner who elects
under this section to have the county purchase temporary
development rights to the landowner's property is entitled to
prompt action by the county. If the landowner brings a
successful action to compel the county to initiate eminent
domain proceedings, the landowner is entitled to petition the
court for reimbursement of reasonable costs and expenses,
including reasonable attorney, appraisal, and engineering fees
that were actually incurred in bringing the action.
Sec. 40. Minnesota Statutes 1984, section 473.811,
subdivision 2, is amended to read:
Subd. 2. [COUNTY FINANCING OF FACILITIES.] Each
metropolitan county may by resolution authorize the issuance of
bonds to provide funds for the acquisition or betterment of
solid waste facilities, related transmission facilities, or
property or property rights for the facilities, for improvements
of a capital nature to respond, as defined in section 115B.02,
to releases from closed solid waste facilities, or for refunding
any outstanding bonds issued for any such purpose, and. The
county may pledge to the payment of the bonds and the interest
thereon, its full faith, credit and taxing powers, or the
proceeds of any designated tax levies, or the gross or net
revenues or charges to be derived from any facility operated by
or for the county, or any combination thereof. Taxes levied for
the payment of the bonds and interest shall not reduce the
amounts of other taxes which the county is authorized by law to
levy. The proceeds of the bonds may be used in part to
establish a reserve as further security for the payment of the
principal and interest of the bonds when due. Revenue bonds
issued pursuant to this section may be sold at public or private
sale upon such conditions as the county board shall determine,
but any bonds to which the full faith and credit and taxing
powers of the county are pledged shall be sold in accordance
with the provisions of chapter 475. No election shall be
required to authorize the issuance of the bonds. Except as
otherwise provided, the bonds shall be issued and sold in
accordance with the provisions of chapter 475.
Sec. 41. Minnesota Statutes 1984, section 473.811, is
amended by adding a subdivision to read:
Subd. 3a. [SERVICE AREAS.] Metropolitan counties have the
authority provided in section 400.08.
Sec. 42. Minnesota Statutes 1985 Supplement, section
477A.012, is amended to read:
477A.012 [COUNTY GOVERNMENT DISTRIBUTIONS.]
Subdivision 1. [AID AMOUNT.] In calendar year 1986, each
county government shall receive a distribution equal to 60
percent of the aid amount certified for 1983 pursuant to
sections 477A.011 to 477A.03.
Subd. 2. [ADDITIONAL AID FOR CERTAIN COUNTIES.] (a) Each
county that becomes eligible to negotiate a contract with the
waste management board pursuant to section 24 shall be entitled
to receive $4,000 per month in additional local government aids,
for each full calendar month that it is eligible. If the
state's liability under this clause exceeds $40,000 in any
month, the commissioner shall proportionately reduce the
entitlements of each eligible county.
(b) Any county government that has executed a contract with
the board pursuant to section 24 shall receive an amount as
provided under a schedule set forth in the contract not to
exceed $150,000 per year in additional local government aids,
for a period of not more than two years following the execution
of the contract. The sum of the state's obligations under this
clause may not exceed $600,000 in any fiscal year.
(c) Aid distributions under this subdivision are in
addition to any distributions to which a county is entitled
pursuant to subdivision 1, and must not be deducted in the
computation of levy limits. When an aid payment is made
pursuant to section 477A.015, the commissioner shall distribute
to each eligible county the full entitlement due under clause
(a) for the county's period of eligibility that was not paid in
a previous distribution. When an aid payment is made pursuant
to section 477A.015, the commissioner shall distribute to each
county that has executed a contract the full amount due under
clause (b) in accordance with the terms of the contract. In no
case may any additional aid amounts due under this subdivision
be paid prior to July 1, 1987.
Sec. 43. [CITY OF BABBITT; SOLID WASTE MANAGEMENT
EXPENDITURES.]
Notwithstanding the provisions of any law or rule to the
contrary, the council of the city of Babbitt may by resolution
authorize expenditure of funds from any source, including a
permanent improvement and replacement fund created under
Minnesota Statutes, section 471.571, for any solid waste
management purpose, including waste tire recycling. The city
may exercise by resolution the powers of a corporation set forth
in Minnesota Statutes, section 301.75, to assist and encourage
the creation and operation of solid waste management facilities,
and may by resolution grant, give, convey, guarantee or loan
funds or property from any source for any solid waste management
purpose and may enter into agreements and do all things
necessary or convenient to further its solid waste management
purpose.
Sec. 44. [ST. LOUIS COUNTY; JOINT POWERS AGREEMENT.]
Notwithstanding any other law to the contrary, the board of
commissioners of St. Louis county may by resolution enter into a
joint powers agreement with the city of Babbitt by which the
county may exercise the powers and authority enumerated in
section 43.
Sec. 45. [SOLID WASTE RECOVERY FACILITY; HENNEPIN COUNTY.]
If a petition is filed with the public utilities commission
under Minnesota Statutes, section 216B.164, subdivision 5,
before April 1, 1986, by either a utility or a qualifying
facility in connection with the operation of a solid waste
recovery facility located in Hennepin county, the commission
shall resolve the dispute within 120 days of filing. If the
decision of the commission is appealed to court, the surety bond
provisions of Minnesota Statutes, sections 562.01 to 562.03 and
562.05 shall apply; no additional supersedeas bond shall be
required.
Sec. 46. [REPEALER.]
Minnesota Statutes 1984, sections 115A.17; 400.05; 400.10;
and Minnesota Statutes 1985 Supplement, section 473.811,
subdivision 11, are repealed.
Sec. 47. [INSTRUCTION TO REVISOR.]
The revisor of statutes is directed to change the word
"disposal," wherever it appears in sections 115A.18 to 115A.301,
except in section 115A.24, subdivision 1, clauses (2) and (3),
and section 115A.301, subdivision 1, paragraph (b), clauses (1)
and (2), to "stabilization and containment," in Minnesota
Statutes 1986 and subsequent editions of the statutes.
Sec. 48. [EFFECTIVE DATE.]
Sections 1 to 45 are effective the day following final
enactment.
Approved March 24, 1986
Official Publication of the State of Minnesota
Revisor of Statutes