Office of the Revisor of Statutes
Minnesota Session Laws - 1987, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1987
CHAPTER 348-H.F.No. 794
An act relating to waste management; regulating
disposal of wastes; providing for a solid waste
management policy; providing for recycling policy and
marketing; managing household hazardous wastes;
regulating the sale and disposal of motor oil and lead
acid batteries; providing for waste pesticide
collection; appropriating money; amending Minnesota
Statutes 1986, sections 115A.03, subdivisions 9 and
21; 115A.06, subdivision 14; 115A.11, subdivision 2;
115A.15, subdivision 6; 115A.152; 115A.154; 115A.156,
subdivisions 1, 2, and 5; 115A.158, subdivisions 1 and
2; 115A.42; 115A.45; 115A.49; 115A.51; 115A.52;
115A.53; 115A.54, subdivision 2a; 115A.81, subdivision
2; 115A.921; 115A.95; 116.07, subdivision 4b; 116.41,
subdivision 2; 116M.07, by adding a subdivision;
176.011, subdivision 9; 239.09; 239.52; 325E.11;
473.149, subdivisions 2d and 6; 473.803, by adding a
subdivision; 473.834, subdivision 2; 473.842,
subdivision 2; 473.844, subdivisions 1 and 4; and
473.846; Laws 1984, chapter 644, section 85; proposing
coding for new law in Minnesota Statutes, chapters
115A; 239; 325E; and 473; repealing Minnesota Statutes
1986, sections 115A.13; 115A.43; 115A.44; 473.834,
subdivision 3; and 473.844, subdivisions 2 and 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1986, section 115A.03,
subdivision 9, is amended to read:
Subd. 9. "Disposal" or "dispose" means the discharge,
deposit, injection, dumping, spilling, leaking, or placing of
any waste into or on any land or water so that the waste or any
constituent thereof may enter the environment or be emitted into
the air, or discharged into any waters, including ground waters.
Sec. 2. Minnesota Statutes 1986, section 115A.03,
subdivision 21, is amended to read:
Subd. 21. "Mixed municipal solid waste" means garbage,
refuse, and other solid waste from residential, commercial,
industrial, and community activities which is generated and
collected in aggregate, but does not include auto hulks, street
sweepings, ash, construction debris, mining waste, sludges, tree
and agricultural wastes, tires, lead acid batteries, used oil,
and other materials collected, processed, and disposed of as
separate waste streams.
Sec. 3. Minnesota Statutes 1986, section 115A.06,
subdivision 14, is amended to read:
Subd. 14. [WASTE RENDERED NONHAZARDOUS AND INDUSTRIAL
WASTE; EVALUATION OF WASTE MANAGEMENT.] The board may evaluate
and make recommendations for the shall encourage improved
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. 4. [115A.072] [PUBLIC EDUCATION ON WASTE MANAGEMENT.]
The board shall provide for the development and
implementation of a program of general public education on waste
management in cooperation and coordination with the pollution
control agency, metropolitan council, department of education,
department of agriculture, state planning agency, environmental
quality board, environmental education board, educational
institutions, and other public agencies with responsibility for
waste management or public education. The objectives of the
program are to: develop increased public awareness of and
interest in environmentally sound waste management methods;
encourage better informed decisions on waste management issues
by business, industry, local governments, and the public; and
disseminate practical information about ways in which households
and other institutions and organizations can improve the
management of waste.
Sec. 5. Minnesota Statutes 1986, section 115A.11,
subdivision 2, is amended to read:
Subd. 2. [PROCEDURE.] The plan and the procedures for
hearings on the plan are not subject to the rulemaking or
contested case provisions of chapter 14. Before revising the
draft plan prepared under subdivision 3 or amending its adopted
plan, the board shall provide notice and hold a public hearing
in a manner consistent with the procedure followed by the board
in the hearings on the draft plan, as provided in subdivision 3
and approved by the legislative commission meeting.
Sec. 6. Minnesota Statutes 1986, 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 expenses
incurred by the commissioner 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. The commissioner shall determine the waste
disposal cost savings associated with recycling and reuse
activities, collect those savings from the account responsible
for disposing of wastes produced in state buildings, and credit
the savings to the resource recovery revolving account.
Sec. 7. Minnesota Statutes 1986, section 115A.152, is
amended to read:
115A.152 [TECHNICAL AND RESEARCH ASSISTANCE TO GENERATORS.]
Subdivision 1. [PURPOSES.] The board shall provide for the
establishment of a technical and research assistance program for
generators of hazardous and industrial waste in the state. The
program must be designed to assist generators in the state to
obtain information about management of hazardous and industrial
wastes, to identify and apply methods of reducing the generation
of hazardous and industrial wastes, to facilitate improved
management of hazardous and industrial waste and compliance with
hazardous and industrial waste rules, and for other similar
purposes. The program must emphasize assistance to smaller
businesses that have inadequate technical and financial
resources for obtaining information, assessing waste management
methods, and developing and applying waste reduction techniques.
Information and techniques developed under this program must be
made available through the program to all generators in the
state.
Subd. 2. [ASSISTANCE.] The assistance program must include
at least the following elements:
(a) (1) outreach programs including on-site consultation at
locations where hazardous and industrial waste is generated,
seminars, workshops, training programs, and other similar
activities designed to assist generators to evaluate their
hazardous and industrial waste generation and management
practices, identify opportunities for waste reduction and
improved management, and identify subjects that require
additional information and research;
(b) (2) a program to assemble, catalog, and disseminate
information about hazardous and industrial waste reduction and
management methods, available commercial waste management
facilities and consultant services, and regulatory programs
(provided that specific questions by generators about
interpretation or application of waste management rules should
be referred to appropriate regulatory agencies);
(c) (3) evaluation and interpretation of information needed
by generators to improve their management of hazardous and
industrial waste; and
(d) (4) informational and technical research to identify
alternative technical solutions that can be applied by specific
generators to reduce the generation of hazardous and industrial
waste.
Subd. 3. [ADMINISTRATION; EVALUATION.] The assistance
program must be coordinated with other public and private
programs that provide management and technical assistance to
smaller businesses and generators of small quantities of
hazardous and industrial waste, including programs operated by
public and private educational institutions. The board may make
grants to a public or private person or association that will
establish and operate the elements of the program, but the
grants must require that the assistance be provided at no cost
to the generators and that the grantees provide periodic reports
on the improvements in waste management, waste reduction, and
regulatory compliance achieved by generators through the
assistance provided.
Sec. 8. Minnesota Statutes 1986, section 115A.154, is
amended to read:
115A.154 [WASTE REDUCTION GRANTS.]
Subdivision 1. [PROPOSALS AND GRANTS.] The board may make
grants to generators of hazardous and industrial waste in the
state for studies to determine the feasibility of applying
specific methods and technologies to reduce the generation of
hazardous and industrial waste. Grants may be awarded only on
the basis of proposals submitted to the board by generators.
The board shall select proposals that offer the greatest
opportunity to significantly reduce the generation of
hazardous or industrial waste by the generators making the
proposal and, if applied generally, to significantly reduce the
generation of hazardous or industrial waste in the state. The
significance of waste reduction may be measured by the volume of
hazardous or industrial waste that is eliminated or by the
reduction in risk to public health and safety and the
environment that is achieved by the reduction. In awarding
grants, the board may consider the extent of any financial and
technical support that will be available from other sources for
the study. The board may adopt additional criteria for awarding
grants consistent with the purposes of this section.
Subd. 2. [LIMITATIONS.] The waste reduction information
and techniques developed using grants awarded under this section
must be made available to all hazardous and industrial waste
generators in the state through the technical assistance and
research program established under section 115A.152. Grant
money awarded under this section may not be spent for capital
improvements or equipment.
Sec. 9. Minnesota Statutes 1986, section 115A.156,
subdivision 1, is amended to read:
Subdivision 1. [PURPOSE.] The board may make grants to
eligible recipients to determine the feasibility and method of
developing and operating specific types of commercial facilities
and services for collecting and processing hazardous waste and
for improving management of waste rendered nonhazardous and
industrial waste. Grants may be made for:
(1) market assessment, including generator surveys;
(2) conceptual design and preliminary engineering;
(3) financial and business planning necessary to address
sources of funding, financial security, liability, pricing
structure, and similar matters necessary to the development and
proper operation of a facility or service;
(4) environmental impact and site analysis, preparation of
permit applications, and environmental and permit reviews;
(5) analysis of methods of overcoming identified technical,
institutional, legal, regulatory, market, or other constraints;
and
(6) analysis of other factors affecting development,
operation, and use of a facility or service.
Sec. 10. Minnesota Statutes 1986, section 115A.156,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY.] A person proposing to develop and
operate specific collection and processing facilities or
services to serve generators in the state is and persons seeking
to develop or operate specific types of facilities or services
to manage industrial waste generated in the state, are eligible
for a grant. The board may give preference to applications by
associations of two or more generators in the state proposing to
develop and operate commercial facilities or services capable of
collecting or processing their hazardous wastes.
Sec. 11. Minnesota Statutes 1986, section 115A.156,
subdivision 5, is amended to read:
Subd. 5. [MATCHING FUNDS REQUIRED.] (a) For hazardous
waste, a recipient other than an association of generators in
the state must agree to pay at least 50 percent of the cost of
the study. An association of two or more generators in the
state must agree to pay at least 20 percent of the cost of the
study.
(b) For industrial waste, a grant must be matched by money
or in-kind services provided by the grantee covering at least 50
percent of the project cost.
Sec. 12. Minnesota Statutes 1986, section 115A.158,
subdivision 1, is amended to read:
Subdivision 1. [REQUEST BY BOARD; CONTENTS OF PROPOSAL.]
The board through its chair shall request proposals for the
development and operation of specific types of commercial
hazardous waste processing and collection facilities and
services, and improved management of waste rendered nonhazardous
and industrial waste, that offer the greatest possibility of
achieving the policies and objectives of the waste management
plan including the goal of reducing to the greatest extent
feasible and prudent the need for and practice of disposal. The
proposals must contain at least the following information:
(1) the technical, managerial, and financial qualifications
and experience of the proposer in developing and operating
facilities and services of the type proposed;
(2) the technical specifications of the proposed facility
or service including the process that will be used, the amount
and types of hazardous or industrial waste that can be handled,
the types, volume, and proposed disposition of any residuals,
and a description of anticipated adverse environmental effects;
(3) the requirements of the site or sites needed to develop
and operate the facility or service and the likelihood that a
suitable site or sites will be available for the facility or
service;
(4) projections of the costs and revenues of the facility
or service, the types and numbers of generators who will use it,
and the fee structure and estimated user charges necessary to
make the facility or services economically viable;
(5) the schedule for developing and commencing operation of
the facility or service; and
(6) the financial, technical, institutional, legal,
regulatory, and other constraints that may hinder or prevent the
development or operation of the facility or service and the
actions that could be taken by state and local governments or by
the private sector to overcome those constraints.
The information provided in the proposal must be based on
current and projected market conditions, hazardous or industrial
waste streams, legal and institutional arrangements, and other
circumstances specific to the state.
Sec. 13. Minnesota Statutes 1986, section 115A.158,
subdivision 2, is amended to read:
Subd. 2. [PROCEDURE; EVALUATION; REPORT.] In requesting
proposals, the board shall inform potential developers of the
assistance available to them in siting and establishing
hazardous waste processing and collection facilities and
services in the state and improved industrial waste management
in the state, including the availability of sites listed on the
board's inventory of preferred areas for hazardous waste
processing facilities, the authority of the board to acquire
sites and order the establishment of facilities in those areas,
the policies and objectives of the hazardous waste management
plan, and the availability of information developed by the board
on hazardous or industrial waste generation and management in
the state.
The board shall evaluate the proposals received in response
to its request and determine the extent to which the proposals
demonstrate the qualifications of the developers, the technical
and economic feasibility of the proposed facility or service,
and the extent to which the proposed facility or service will
contribute in a significant way to the achievement of the
policies and objectives of the hazardous waste management plan.
The board shall report to the legislative commission on the
proposals that it has received and evaluated, and on the
legislative, regulatory, and other actions needed to develop and
operate the proposed facilities or services.
Sec. 14. [115A.411] [SOLID WASTE MANAGEMENT POLICY;
CONSOLIDATED REPORT.]
Subdivision 1. [AUTHORITY; PURPOSE.] The board and the
agency shall jointly prepare and adopt a report on solid waste
management policy excluding the metropolitan area. The report
must be adopted by November 15 of each even-numbered year
beginning in 1988. The report must be submitted by the board
and the agency jointly to the legislative commission on waste
management.
Subd. 2. [CONTENTS.] The report must include:
(1) a summary of the current status of solid waste
management, including the amount of solid waste generated, the
manner in which it is collected, processed, and disposed, the
extent of separation, recycling, reuse, and recovery of solid
waste, and the facilities available or under development to
manage the waste;
(2) a summary of current state solid waste management
policies, goals, and objectives, including their statutory,
administrative, and regulatory basis and the state agencies and
political subdivisions responsible for implementation;
(3) an evaluation of the extent and effectiveness of
implementation and an assessment of progress in accomplishing
state policies, goals, and objectives;
(4) estimates of the generation of solid waste anticipated
for the future, the manner in which the waste is likely to be
managed, and the programs and facilities that will be available
and needed for proper waste management;
(5) identification of issues requiring further research,
study, and action, the appropriate scope of the research, study,
or action, the state agency or political subdivision that should
implement the research, study, or action, and a schedule for
completion of the activity; and
(6) recommendations for establishing or modifying state
solid waste management policies, authorities, and programs.
Sec. 15. Minnesota Statutes 1986, section 115A.42, is
amended to read:
115A.42 [ESTABLISHMENT AND ADMINISTRATION.]
There is established a planning assistance program to
provide technical and financial assistance to political
subdivisions of the state for the purposes of encouraging and
improving encourage and improve regional and local solid waste
management planning activities and efforts and of furthering to
further the state policies and purposes expressed in section
115A.02. The program shall be under sections 115A.42 to 115A.46
is administered by the agency pursuant to rules promulgated
under chapter 14, except in the metropolitan area where the
program shall be is administered by the metropolitan council
pursuant to chapter 473. The agency and the metropolitan
council shall ensure conformance with federal requirements and
programs established pursuant to the Resource Conservation and
Recovery Act of 1976 and amendments thereto.
Sec. 16. Minnesota Statutes 1986, section 115A.45, is
amended to read:
115A.45 [TECHNICAL ASSISTANCE.]
The agency and metropolitan council shall provide for
technical assistance for eligible recipients to encourage and
improve solid waste management and to assist political
subdivisions in preparing the plans described in section
115A.46. The agency and metropolitan council shall provide
model plans for regional and local solid waste management. The
agency and metropolitan council may contract for the delivery of
technical assistance by a regional development commission, any
state or federal agency, or private consultants, or other
persons. The agency shall prepare and publish an inventory of
sources of technical assistance for solid waste planning,
including studies, publications, agencies, and persons available.
Sec. 17. [115A.48] [MARKET DEVELOPMENT FOR RECYCLABLE
MATERIALS.]
Subdivision 1. [AUTHORITY.] The board shall assist and
encourage the development of specific facilities and services
needed to provide adequate, stable, and reliable markets for
recyclable materials generated in the state. In carrying out
this duty the board shall coordinate and cooperate with the
solid waste management efforts of other public agencies and
political subdivisions.
Subd. 2. [FACILITY DEVELOPMENT PROPOSALS.] In order to
determine the feasibility and method of developing and operating
specific types of facilities and services to use recyclable
materials generated in the state, the board shall request
proposals from and may make grants to persons seeking to develop
or operate the facilities or services. Grants may be made for
the purposes in section 115A.156, subdivision 1, clauses (1) to
(6). A grant must be matched by money or in-kind services
provided by the grantee covering at least 50 percent of the
project cost. In requesting proposals under this section the
board shall follow the procedures provided in section 115A.158,
subdivisions 1 and 2, as far as practicable.
Subd. 3. [PUBLIC PROCUREMENT.] The board shall provide
technical assistance and advice to political subdivisions and
other public agencies to encourage solid waste reduction and
development of markets for recyclable materials through
procurement policies and practices.
Sec. 18. Minnesota Statutes 1986, section 115A.49, is
amended to read:
115A.49 [ESTABLISHMENT; PURPOSES AND PRIORITIES.]
There is established a program to encourage and assist
cities, counties, and solid waste management districts in the
development and implementation of solid waste management
projects and to transfer the knowledge and experience gained
from such projects to other communities in the state. The
program must be administered to encourage local communities to
develop feasible and prudent alternatives to disposal, including
waste reduction; waste separation by generators, collectors, and
other persons; and waste processing. The program must be
administered by the agency and the board in accordance with the
requirements of sections 115A.49 to 115A.54 and rules
promulgated by the agency and the board pursuant to chapter 14.
In administering the program, the agency and the board shall
give priority to areas where natural geologic and soil
conditions are especially unsuitable for land disposal of solid
waste; areas where the capacity of existing solid waste disposal
facilities is determined by the agency or the board to be less
than five years; and projects serving more than one local
government unit.
Sec. 19. Minnesota Statutes 1986, section 115A.51, is
amended to read:
115A.51 [APPLICATION REQUIREMENTS.]
Applications for assistance under the program shall
demonstrate: (a) that the project is conceptually and
technically feasible; (b) that affected political subdivisions
are committed to implement the project, to provide necessary
local financing, and to accept and exercise the government
powers necessary to the project; (c) that operating revenues
from the project, considering the availability and security of
sources of solid waste and of markets for recovered resources,
together with any proposed federal, state, or local financial
assistance, will be sufficient to pay all costs over the
projected life of the project; (d) that the applicant has
evaluated the feasible and prudent alternatives to disposal and
has compared and evaluated the costs of the alternatives,
including capital and operating costs, and the effects of the
alternatives on the cost to generators. The agency or the board
may require completion of a comprehensive solid waste management
plan conforming to the requirements of section 115A.46, before
accepting an application.
Sec. 20. Minnesota Statutes 1986, section 115A.52, is
amended to read:
115A.52 [TECHNICAL ASSISTANCE FOR PROJECTS.]
The agency and the board shall ensure the delivery of the
technical assistance necessary for proper implementation of each
project funded projects eligible under the program. The agency
and the board may contract for the delivery of technical
assistance by any state or federal agency, a regional
development commission, the metropolitan council, or private
consultants and may use program funds to reimburse the agency,
commission, council, or consultants. The agency and the board
shall prepare and publish an inventory of sources of technical
assistance, including studies, publications, agencies, and
persons available. The agency and the board shall ensure
statewide benefit from projects assisted under the program by
developing exchange and training programs for local officials
and employees and by using the experience gained in projects to
provide technical assistance and education for other solid waste
management projects in the state.
Sec. 21. Minnesota Statutes 1986, section 115A.53, is
amended to read:
115A.53 [WASTE REDUCTION AND SEPARATION PROJECTS.]
The agency board shall provide technical assistance and
grants to develop and implement projects which demonstrate for
waste reduction; waste separation by generators, collectors, and
other persons; and collection systems for separated waste.
Activities eligible for assistance under this section include
legal, financial, economic, educational, marketing, social,
governmental, and administrative activities related to
the development and implementation of the project. Preliminary
planning and development, feasibility study, and conceptual
design costs shall also be are eligible activities, but no more
than 20 percent of program funds shall be used to fund those
activities. Projects may include the management of household
hazardous waste, as defined in section 29. The rules of the
agency board shall prescribe the level or levels of local
funding required for grants under this section.
Sec. 22. Minnesota Statutes 1986, section 115A.54,
subdivision 2a, is amended to read:
Subd. 2a. [SOLID WASTE MANAGEMENT PROJECTS.] (a) The board
shall provide technical and financial assistance for the
acquisition and betterment of solid waste management projects as
provided in this subdivision and section 115A.52. The purpose
of this program is to demonstrate whether an ongoing state
capital assistance program to assist local development of
feasible and prudent alternatives to disposal is an appropriate
and desirable method to further state waste management policies.
Money appropriated for the purposes of this subdivision must be
distributed as grants.
(b) Except as provided in paragraph (c), a project may
receive grant assistance up to 25 percent of the capital cost of
the project or $2,000,000, whichever is less. Projects that are
awarded assistance by the board pursuant to applications
submitted under sections 115A.49 to 115A.54 before July 1, 1985,
are eligible for additional assistance under this subdivision,
but a project may not receive a total amount of grant assistance
in excess of the limits specified in this subdivision
(c) A recycling project or a project to compost or
co-compost waste may receive grant assistance up to 50 percent
of the capital cost of the project or $2,000,000, whichever is
less.
(d) Projects without resource recovery are not eligible for
assistance.
(e) In addition to any assistance received under clause (b)
or (c), a project may receive grant assistance for the cost of
tests necessary to determine the appropriate pollution control
equipment for the project or the environmental effects of the
use of any product or material produced by the project.
(f) In addition to the application requirements of section
115A.51, an application for a project serving eligible
jurisdictions in only a single county must demonstrate that
cooperation with jurisdictions in other counties to develop the
project is not needed or not feasible. Each application must
also demonstrate that:
(1) if the project is 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 money or by obligations issued by a public
agency, it will not accept recyclable materials except for
transfer to a recycler; and
(2) the project is not financially feasible prudent without
the state assistance, because of the applicant's financial
capacity and the problems inherent in the waste management
situation in the area, particularly transportation distances and
limited waste supply and markets for resources recovered.
(g) For the purposes of this subdivision, a "project" means
a processing facility, together with any transfer stations,
transmission facilities, and other related and appurtenant
facilities primarily serving the processing facility. The board
shall adopt rules for the program by July 1, 1985.
Sec. 23. Minnesota Statutes 1986, section 115A.81,
subdivision 2, is amended to read:
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.
Sec. 24. [115A.915] [LEAD ACID BATTERIES; LAND DISPOSAL
PROHIBITED.]
A person may not place a lead acid battery in mixed
municipal solid waste or dispose of a lead acid battery after
January 1, 1988. This section may be enforced by the agency
pursuant to section 115.071.
Sec. 25. [115A.916] [USED OIL; LAND DISPOSAL PROHIBITED.]
A person may not place used oil in mixed municipal solid
waste or dispose of used oil in a solid waste disposal facility
after January 1, 1988, unless approved by the agency. This
section may be enforced by the agency pursuant to section
115.071.
Sec. 26. Minnesota Statutes 1986, section 115A.921, is
amended to read:
115A.921 [CITY OR TOWN FEE AUTHORITY.]
A city or town may charge impose a fee, not to exceed 15 25
cents per cubic yard of waste, or its equivalent, of solid waste
accepted and disposed of on land, to operators of facilities for
the disposal of mixed municipal solid waste located within the
city or town. The revenue from the fees shall go must be
credited to the city or town general fund and used only for
purposes of landfill abatement 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 city
or town under this section if there is at least an 85 percent
volume reduction in the solid waste processed. Before any fee
is reduced, the verification procedures of section 473.843,
subdivision 1, paragraph (c), must be followed and submitted to
the appropriate city or town.
Sec. 27. [115A.94] [ORGANIZED COLLECTION.]
Subdivision 1. [DEFINITION.] "Organized collection" means
a system for collecting solid waste in which a specified
collector, or a member of an organization of collectors, is
authorized to collect from a defined geographic service area or
areas some or all of the solid waste that is released by
generators for collection.
Subd. 2. [LOCAL AUTHORITY.] A city or town may organize
collection, after public notification as required in subdivision
4. A county may organize collection as provided in subdivision
5.
Subd. 3. [GENERAL PROVISIONS.] (a) The local government
unit may organize collection as a municipal service or by
ordinance, franchise, license, negotiated or bidded contract, or
other means, using one or more collectors or an organization of
collectors.
(b) The local government unit may not establish or
administer organized collection in a manner that impairs the
preservation and development of recycling and markets for
recyclable materials. The local government unit shall exempt
recyclable materials from organized collection upon a showing by
the generator or collector that the materials are or will be
separated from mixed municipal solid waste by the generator,
separately collected, and delivered for reuse in their original
form or for use in a manufacturing process.
(c) The local government unit may invite and employ the
assistance of interested persons, including persons operating
solid waste collection services, in developing plans and
proposals for organized collection and in establishing the
organized collection system.
(d) Organized collection accomplished by contract or as a
municipal service may include a requirement that all or any
portion of the solid waste, except (1) recyclable materials and
(2) materials that are processed at a resource recovery facility
at the capacity in operation at the time that the requirement is
imposed, be delivered to a waste facility identified by the
local government unit. In a district or county where a resource
recovery facility has been designated by ordinance under section
115A.86, organized collection must conform to the requirements
of the designation ordinance.
Subd. 4. [CITIES AND TOWNS; NOTICE; PLANNING.] (a) At
least 90 days before proposing an ordinance, franchise, license,
contract or other means of organizing collection, a city or
town, by resolution of the governing body, shall announce its
intent to organize collection and invite the participation of
interested persons in planning and establishing the organized
collection system.
(b) The resolution of intent must be adopted after a public
hearing. The hearing must be held at least two weeks after
public notice and mailed notice to persons known by the city or
town to be operating solid waste collection services in the city
or town. The failure to give mailed notice to persons or defect
in the notice does not invalidate the proceedings, provided a
bona fide effort to comply with notice requirements has been
made.
(c) During the 90 day period following the resolution of
intent, and before proposing a method of organizing collection,
the city or town shall develop or supervise the development of
plans or proposals for organized collection.
(d) Upon request, the city or town shall provide mailed
notice of subsequent proceedings on the organization of
collection in the city or town.
Subd. 5. [COUNTY ORGANIZED COLLECTION.] (a) A county may
by ordinance require cities and towns within the county to
organize collection. Organized collection ordinances of
counties may:
(1) require cities and towns to require the separation and
separate collection of recyclable materials;
(2) specify the material to be separated; and
(3) require cities and towns to meet any performance
standards for source separation that are contained in the county
solid waste plan.
(b) A county may itself organize collection in any city or
town that does not comply with a county organized collection
ordinance adopted under this subdivision, and the county may
implement, as part of its organized collection, the source
separation program and performance standards required by its
organized collection ordinance.
Sec. 28. Minnesota Statutes 1986, section 115A.95, is
amended to read:
115A.95 [RECYCLABLE MATERIALS.]
A resource recovery facility that is composting waste,
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, unless no other
person is willing to accept the recyclable materials.
Sec. 29. [115A.96] [HOUSEHOLD HAZARDOUS WASTE MANAGEMENT.]
Subdivision 1. [DEFINITIONS.] The following definitions
apply to this section:
(a) "Household" means a single detached dwelling unit or a
single unit of a multiple dwelling unit and appurtenant
structures.
(b) "Household hazardous waste" means waste generated from
household activity that exhibits the characteristics of or that
is listed as hazardous waste under agency rules, but does not
include waste from commercial activities that is generated,
stored, or present in a household.
(c) "Collection site" means a permanent or temporary
designated location with scheduled hours for collection where
individuals may bring household hazardous wastes.
Subd. 2. [MANAGEMENT PROGRAM.] The agency shall establish
a program to manage household hazardous wastes. The program
must include:
(1) the establishment and operation of collection sites;
and
(2) the provision of information, education, and technical
assistance regarding proper management of household hazardous
wastes.
Subd. 3. [OTHER PARTICIPANTS.] The agency may establish or
operate all or part of the management program or may provide for
services by contract or other agreement with public or private
entities.
Subd. 4. [MANAGEMENT.] Any person who establishes or
operates all or part of a household hazardous waste management
program shall manage collected waste in compliance with
standards applicable to a hazardous waste generator. If
collected waste must be stored for a time exceeding those
standards, the agency or other entity shall obtain the approval
of the director of the agency and shall manage the waste in
compliance with applicable standards for the use and management
of containers, but no facility permit is required.
Subd. 5. [OTHER PROGRAMS.] A person must notify the
director of the agency before establishing and operating any
part of a household hazardous waste management program.
Sec. 30. Minnesota Statutes 1986, section 116.07,
subdivision 4b, is amended to read:
Subd. 4b. [PERMITS; HAZARDOUS WASTE FACILITIES.] (a) The
agency shall provide to the waste management board established
in section 115A.04, copies of each preliminary and final permit
application for a hazardous waste facility immediately upon its
submittal to the agency. The agency shall request
recommendations on each permit application from the board and
shall consult with the board on the agency's intended
disposition of the recommendations. Except as otherwise
provided in sections 115A.18 to 115A.30, the agency shall
commence any environmental review required under chapter 116D
within 120 days of its acceptance of a completed preliminary
permit application. The agency shall respond to a preliminary
permit application for a hazardous waste facility within 120
days following a decision not to prepare environmental documents
or following the acceptance of a negative declaration notice or
an environmental impact statement. Except as otherwise provided
in sections 115A.18 to 115A.30, within 60 days following the
submission of a final permit application for a hazardous waste
facility, unless a time extension is agreed to by the applicant,
the agency shall issue or deny all permits needed for the
construction of the proposed facility.
(b) The agency shall promulgate rules pursuant to chapter
14 for all hazardous waste facilities, except those addressed in
subdivision 4c. After the report of the waste management board
required by section 115A.08, subdivision 5a has been submitted
to the legislature, the agency shall review its rules for
hazardous waste facilities and shall consider whether any of the
rules should be modified or if new rules should be adopted based
on the recommendations in the report. The rules shall require:
(1) contingency plans for all hazardous waste facilities
which provide for effective containment and control in any
emergency condition;
(2) the establishment of a mechanism to assure that money
to cover the costs of closure and postclosure monitoring and
maintenance of hazardous waste facilities will be available;
(3) the maintenance of liability insurance by the owner or
operator of hazardous waste facilities during the operating life
of the facility.
Sec. 31. Minnesota Statutes 1986, section 116.41,
subdivision 2, is amended to read:
Subd. 2. [TRAINING AND CERTIFICATION PROGRAMS.] The agency
shall develop standards of competence for persons operating and
inspecting various classes of disposal facilities. The agency
shall conduct training programs for persons operating facilities
for the disposal of waste and for inspectors of such facilities,
and may charge such fees as are necessary to cover the actual
costs of the training programs. All fees received shall be paid
into the state treasury and credited to the account created in
section 115.03, subdivision 1, clause (j), for training water
pollution control personnel, a waste disposal training account
and are appropriated to the agency to pay expenses relating to
the training of disposal facility personnel.
The agency shall require operators and inspectors of such
facilities to obtain from the agency a certificate of
competence. The agency shall conduct examinations to test the
competence of applicants for certification, and shall require
that certificates be renewed at reasonable intervals. The
agency may charge such fees as are necessary to cover the actual
costs of receiving and processing applications, conducting
examinations, and issuing and renewing certificates.
Certificates shall not be required for a private individual for
landspreading and associated interim and temporary storage of
sewage sludge on property owned or farmed by that individual.
Sec. 32. Minnesota Statutes 1986, section 116M.07, is
amended by adding a subdivision to read:
Subd. 14. [USED OIL PROCESSING EQUIPMENT LOANS; STORAGE
TANK GRANTS.] The authority may make loans to businesses for the
purchase of used oil processing equipment based on the criteria
adopted under subdivision 3.
The authority may make grants to counties for installation
of storage tanks to collect used oil. To be eligible for a
grant, a county must obtain approval from the director of the
pollution control agency for the type of tank to be used, the
location and installation of the tank, and the proposed ongoing
maintenance and monitoring of the collection site. A tank may
be located on public or private property and must be made
available to the public for used oil disposal. A grant for a
single tank may not exceed $1,000 and a county may not receive
more than $5,000 in grants for storage tanks.
Sec. 33. Minnesota Statutes 1986, section 176.011,
subdivision 9, is amended to read:
Subd. 9. [EMPLOYEE.] "Employee" means any person who
performs services for another for hire including the following:
(1) an alien;
(2) a minor;
(3) a sheriff, deputy sheriff, constable, marshal, police
officer, firefighter, county highway engineer, and peace officer
while engaged in the enforcement of peace or in the pursuit or
capture of any person charged with or suspected of crime and any
person requested or commanded to aid an officer in arresting any
person, or in retaking any person who has escaped from lawful
custody, or in executing any legal process in which case, for
purposes of calculating compensation payable under this chapter,
the daily wage of the person requested or commanded to assist an
officer or to execute a legal process shall be the prevailing
wage for similar services where the services are performed by
paid employees;
(4) a county assessor;
(5) an elected or appointed official of the state, or of
any county, city, town, school district or governmental
subdivision in it. An officer of a political subdivision
elected or appointed for a regular term of office, or to
complete the unexpired portion of a regular term, shall be
included only after the governing body of the political
subdivision has adopted an ordinance or resolution to that
effect;
(6) an executive officer of a corporation, except an
officer of a family farm corporation as defined in section
500.24, subdivision 1, clause (c), or an executive officer of a
closely held corporation who is referred to in section 176.012;
(7) a voluntary uncompensated worker, other than an inmate,
rendering services in state institutions under the commissioner
of human services and state institutions under the commissioner
of corrections similar to those of officers and employees of
these institutions, and whose services have been accepted or
contracted for by the commissioner of human services or the
commissioner of corrections as authorized by law, shall be
employees. In the event of injury or death of the voluntary
uncompensated worker, the daily wage of the worker, for the
purpose of calculating compensation payable under this chapter,
shall be the usual going wage paid at the time of the injury or
death for similar services in institutions where the services
are performed by paid employees;
(8) a voluntary uncompensated worker engaged in peace time
in the civil defense program when ordered to training or other
duty by the state or any political subdivision of it, shall be
an employee. The daily wage of the worker for the purpose of
calculating compensation payable under this chapter, shall be
the usual going wage paid at the time of the injury or death for
similar services where the services are performed by paid
employees;
(9) a voluntary uncompensated worker participating in a
program established by a county welfare board shall be an
employee. In the event of injury or death of the voluntary
uncompensated worker, the wage of the worker, for the purpose of
calculating compensation payable under this chapter, shall be
the usual going wage paid in the county at the time of the
injury or death for similar services where the services are
performed by paid employees working a normal day and week;
(10) a voluntary uncompensated worker accepted by the
commissioner of natural resources who is rendering services as a
volunteer pursuant to section 84.089 shall be an employee. The
daily wage of the worker for the purpose of calculating
compensation payable under this chapter, shall be the usual
going wage paid at the time of injury or death for similar
services where the services are performed by paid employees;
(11) a member of the military forces, as defined in section
190.05, while in state active service, as defined in section
190.05, subdivision 5a. The daily wage of the member for the
purpose of calculating compensation payable under this chapter
shall be based on the member's usual earnings in civil life. If
there is no evidence of previous occupation or earning, the
trier of fact shall consider the member's earnings as a member
of the military forces;
(12) a voluntary uncompensated worker, accepted by the
director of the Minnesota historical society, rendering services
as a volunteer, pursuant to chapter 138, shall be an employee.
The daily wage of the worker, for the purposes of calculating
compensation payable under this chapter, shall be the usual
going wage paid at the time of injury or death for similar
services where the services are performed by paid employees;
(13) a voluntary uncompensated worker, other than a
student, who renders services at the Minnesota School for the
Deaf or the Minnesota Braille and Sight-Saving School, and whose
services have been accepted or contracted for by the state board
of education, as authorized by law, shall be an employee. In
the event of injury or death of the voluntary uncompensated
worker, the daily wage of the worker, for the purpose of
calculating compensation payable under this chapter, shall be
the usual going wage paid at the time of the injury or death for
similar services in institutions where the services are
performed by paid employees;
(14) a voluntary uncompensated worker, other than a
resident of the veterans home, who renders services at a
Minnesota veterans home, and whose services have been accepted
or contracted for by the commissioner of veterans affairs, as
authorized by law, is an employee. In the event of injury or
death of the voluntary uncompensated worker, the daily wage of
the worker, for the purpose of calculating compensation payable
under this chapter, shall be the usual going wage paid at the
time of the injury or death for similar services in institutions
where the services are performed by paid employees;
(15) a worker who renders in-home attendant care services
to a physically handicapped person, and who is paid directly by
the commissioner of human services for these services, shall be
an employee of the state within the meaning of this subdivision,
but for no other purpose;
(16) those students enrolled in and regularly attending the
medical school of the University of Minnesota, whether in the
graduate school program or the post-graduate program,
notwithstanding that the students shall not be considered
employees for any other purpose. In the event of the student's
injury or death, the weekly wage of the student for the purpose
of calculating compensation payable under this chapter, shall be
the annualized educational stipend awarded to the student,
divided by 52 weeks. The institution in which the student is
enrolled shall be considered the "employer" for the limited
purpose of determining responsibility for paying benefits
payable under this chapter;
(17) a faculty member of the University of Minnesota
employed for the current academic year is also an employee for
the period between that academic year and the succeeding
academic year if:
(a) the faculty member has a contract or reasonable
assurance of a contract from the University of Minnesota for the
succeeding academic year; and
(b) the personal injury for which compensation is sought
arises out of and in the course of activities related to the
faculty member's employment by the University of Minnesota; and
(18) a worker who performs volunteer ambulance driver or
attendant services is an employee of the political subdivision,
nonprofit hospital, nonprofit corporation, or other entity for
which the worker performs the services. The daily wage of the
worker for the purpose of calculating compensation payable under
this chapter is the usual going wage paid at the time of injury
or death for similar services if the services are performed by
paid employees; and
(19) a voluntary uncompensated worker, accepted by the
commissioner of administration, rendering services as a
volunteer at the department of administration. In the event of
injury or death of the voluntary uncompensated worker, the daily
wage of the worker, for the purpose of calculating compensation
payable under this chapter, shall be the usual going wage paid
at the time of the injury or death for similar services in
institutions where the services were performed by paid
employees; and
(20) a voluntary uncompensated worker rendering service
directly to the pollution control agency. The daily wage of the
worker for the purpose of calculating compensation payable under
this chapter is the usual going wage paid at the time of injury
or death for similar services if the services are performed by
paid employees.
In the event it is difficult to determine the daily wage as
provided in this subdivision, then the trier of fact may
determine the wage upon which the compensation is payable.
Sec. 34. Minnesota Statutes 1986, section 239.09, is
amended to read:
239.09 [SPECIAL POLICE OFFICERS.]
The division and all authorized employees under the
provisions of sections 239.01 to 239.10 and section 36 are
hereby made special police officers and are authorized and
empowered to arrest, without formal warrant, any violator of
section 325E.11 and section 38 or of the statute in relation to
weights and measures, and to seize for use as evidence and
without formal warrant, any false weight, measure, or weighing
or measuring device or package or kind of commodity found to be
used, retained, or offered or exposed for sale or sold in
violation of law.
Sec. 35. Minnesota Statutes 1986, section 239.52, is
amended to read:
239.52 [WEIGHTS AND MEASURES FEES.]
The department of public service shall adjust the schedule
of fees for regular and special weights and measures inspections
to recover the amount of money appropriated for the weights and
measures program, other than the cost of (1) checkweighing or
the weighing of prepackaged goods to determine whether the
content weight listed on the package is accurate, (2) testing
for the quality of petroleum products, (3) inspections or
investigations made as a result of a complaint received by the
department, if the scale weight, measure, or weighing or
measuring device is found to be correct, and (4) court
appearances by department personnel on behalf of other
governmental agencies, and (5) enforcement of section 325E.11
and section 38. The department of public service shall review
and adjust its schedule of fees for regular and special
inspections at the end of each six months and have all fees
charged approved by the commissioner of finance before they are
adopted, so as to insure that the fees charged shall be
sufficient to pay all the recoverable costs connected with
regular and special inspections during the fiscal year.
Sec. 36. [239.54] [INSPECTION OF MOTOR OIL AND AUTOMOTIVE
BATTERY RETAILERS.]
The division shall produce, print, and distribute the
notices required by section 325E.11 and section 38 and shall
inspect all places where motor oil is offered for sale by
persons subject to section 325E.11 and where lead acid batteries
are offered for sale at retail subject to section 38 at least
once every two years to determine compliance with those
sections. In performing its duties under this section the
division may inspect any place, building, or premises governed
by section 325E.11 and section 38. Authorized employees of the
division may issue warnings and citations to persons who fail to
comply with the requirements of those sections.
Sec. 37. Minnesota Statutes 1986, section 325E.11, is
amended to read:
325E.11 [COLLECTION FACILITIES; NOTICE.]
(a) Any person selling at retail or offering motor oil for
retail sale in this state shall:
(a) (1) Post a notice indicating the nearest location, or a
location within ten miles of the point of sale, where used motor
oil may be returned for recycling or reuse; or
(b) (2) Provide a collection tank at the point of sale for
the deposit and collection of used motor oil and post a notice
of the availability of the tank.
The (b) A notice of recycling location under paragraph (a)
shall be posted on or adjacent to the motor oil display
itself and shall, be at least 8-1/2 inches by 11 inches in
size. If a collection tank is available on the premises a sign
of similar size shall be placed on or adjacent to the motor oil
display informing the public that a collection tank is
available, unless prohibited by local ordinance., contain the
universal recycling symbol with the following language:
(1) "It is illegal to put used oil in the garbage.";
(2) "Recycle your used oil."; and
(3) (i) "There is a collection tank here for your used
oil."; or
(ii) "The nearest collection tank for used oil is located
at (name of business and address)."
(c) The division of weights and measures under the
department of public service shall enforce compliance of this
section as provided in section 36.
Sec. 38. [325E.115] [LEAD ACID BATTERIES; COLLECTION FOR
RECYCLING.]
Subdivision 1. [COLLECTION; NOTICE.] (a) A person selling
lead acid batteries at retail or offering lead acid batteries
for retail sale in this state shall:
(1) accept, at the point of transfer, lead acid batteries
from customers; and
(2) post written notice, which must be at least 8-1/2
inches by 11 inches in size and must contain the universal
recycling symbol and the following language:
(i) "It is illegal to put a motor vehicle battery in the
garbage.";
(ii) "Recycle your used batteries."; and
(iii) "State law requires us to accept motor vehicle
batteries for recycling."
(b) Any person selling lead acid batteries at wholesale or
offering lead acid batteries for sale at wholesale must accept,
at the point of transfer, lead acid batteries from customers.
Subd. 2. [COMPLIANCE; MANAGEMENT.] The division of weights
and measures under the department of public service shall
enforce compliance of subdivision 1 as provided in section 36.
The director of the pollution control agency shall inform
persons governed by subdivision 1 of requirements for managing
lead acid batteries.
Sec. 39. Minnesota Statutes 1986, section 473.149,
subdivision 2d, is amended to read:
Subd. 2d. [LAND DISPOSAL ABATEMENT PLAN.] By January 1,
1985, after considering any county land disposal abatement
proposals and waste stream analysis that have been submitted by
that date, pursuant to section 473.803, subdivision 1b, the
council shall amend its policy plan to include specific and
quantifiable metropolitan objectives for abating to the greatest
feasible and prudent extent the need for and practice of land
disposal of mixed municipal solid waste and of specific
components of the solid waste stream, either by type of waste or
class of generator. The objectives must be stated in annual
increments through the year 1990 and thereafter in five-year
increments through the year 2000. The plan must include a
reduced estimate, based on the council's abatement objectives,
of the added solid waste disposal capacity needed in appropriate
sectors of the metropolitan area, stated in annual increments
through the year 1990 and thereafter in five year increments
through the year 2000. The plan must include measurable
objectives for local abatement of solid waste through resource
recovery and waste reduction and separation programs and
activities for each metropolitan county and for cities of the
first class, the second class, and the third class,
respectively, stated in annual increments through the year 1990
and in five-year increments through the year 2000. The
standards must be based upon and implement the council's
metropolitan abatement objectives. The council's plan must
include standards and procedures to be used by the council in
determining whether a metropolitan county or class of cities
within a metropolitan county has implemented the council's
metropolitan land disposal abatement plan and has achieved the
objectives for local abatement. The council shall report on
abatement to the legislative commission before January 1 of each
year. The report must include an assessment of whether the
objectives of the metropolitan abatement plan have been met and
whether each county and each class of city within each county
has achieved the objectives set for it in the council's plan.
The report must recommend any legislation that may be required
to implement the plan. If in any year the council reports that
the objectives of the council's abatement plan have not been
met, the council shall attach legislation to the report that
reassigns appropriate governmental responsibilities among
cities, counties, and metropolitan agencies so as to assure
implementation and achievement of the metropolitan and local
abatement plans and objectives.
Sec. 40. Minnesota Statutes 1986, section 473.149,
subdivision 6, is amended to read:
Subd. 6. [COST AND FINANCING ANALYSIS REPORT TO
LEGISLATURE.] By January 1, 1987, and The council shall report
on abatement to the legislative commission on waste management
by November 1 of each year. The report must include an
assessment of whether the objectives of the metropolitan
abatement plan have been met and whether each county and each
class of city within each county have achieved the objectives
set for it in the council's plan. The report must recommend any
legislation that may be required to implement the plan. If in
any year the council reports that the objectives of the
council's abatement plan have not been met, the council shall
evaluate and report on the need to reassign governmental
responsibilities among cities, counties, and metropolitan
agencies to assure implementation and achievement of the
metropolitan and local abatement plans and objectives.
The report in each odd-numbered even-numbered year
thereafter, the council shall report to the legislature must
include a report 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 facility costs report must present the
cost and financing analysis in the aggregate and broken down by
county and by major facility.
Sec. 41. Minnesota Statutes 1986, section 473.803, is
amended by adding a subdivision to read:
Subd. 1e. [RECYCLING IMPLEMENTATION STRATEGY.] (a) By
December 1, 1988, each county shall submit for council approval
a local recycling implementation strategy. The local recycling
implementation strategy must:
(1) be consistent with the approved county master plan;
(2) identify the materials that will be recycled in the
county, including at least yard waste and three other materials,
and the parties responsible and method for recycling the
material; and
(3) define the need for funds to ensure continuation of
local recycling, methods of raising and allocating such funds,
and permanent sources and levels of local funding for recycling.
(b) For the purposes of this subdivision, "recycling"
includes yard waste composting and recycling that occurs at a
waste facility through mechanical or hand separation of
materials that are then delivered for reuse in their original
form or for use in manufacturing processes.
Sec. 42. Minnesota Statutes 1986, section 473.834,
subdivision 2, is amended to read:
Subd. 2. [ALLOCATION OF DEBT SERVICE.] The annual debt
service on the council's solid waste bonds, issued under section
473.831, shall be annually apportioned and certified by the
council to each county in the metropolitan area, in the
proportion that the assessed value of all taxable property
within each county bears to the assessed value of the taxable
property in all the counties, except that the apportionment to
each county shall first be adjusted to reflect exemptions from
payment required by subdivision 1 and reductions in payment
required by subdivision 3.
Sec. 43. Minnesota Statutes 1986, section 473.842,
subdivision 2, is amended to read:
Subd. 2. [MARKET DEVELOPMENT.] "Market development" means
the location and facilitation of economic markets for materials,
substances, energy, or other products contained within or
derived from waste.
Sec. 44. Minnesota Statutes 1986, section 473.844,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT; PURPOSES.] The metropolitan
landfill abatement fund is created as an account in the state
treasury in order to reduce to the greatest extent feasible and
prudent the need for and practice of land disposal of mixed
municipal solid waste in the metropolitan area. The fund
consists of revenue deposited in the fund under section 473.843,
subdivision 2, clause (a) and interest earned on investment of
money in the fund. All repayments to loans made under this
section shall must be credited to the fund. Except as otherwise
provided in Laws 1984, chapter 644, section 81, subdivisions 2
and 3, and section 473.843, subdivision 7, The money in the fund
may be spent, only for purposes of metropolitan landfill
abatement as provided in subdivision 1a and only upon
appropriation by the legislature, only.
Subd. 1a. [USE OF FUNDS.] The money in the fund may be
spent only for the following purposes:
(1) solid waste management planning assistance in the
metropolitan area under sections 115A.42 to 115A.46;
(2) grants and loans to any person for resource recovery
projects and related public education in the metropolitan area
under subdivision 4;
(3) grants and loans to any person for market development
for reusable or recyclable waste materials as provided in
subdivision 2, clause (a); and
(4) assistance to any person for resource recovery projects
funded under subdivision 4 or projects to develop markets for
reusable or recyclable waste materials, including related public
education, planning, and technical assistance;
(2) grants to counties under section 46; and
(3) program administration and technical assistance by the
metropolitan council as provided in subdivision 2, clause (b).
Sec. 45. Minnesota Statutes 1986, section 473.844,
subdivision 4, is amended to read:
Subd. 4. [RESOURCE RECOVERY GRANTS AND LOANS.] The grant
and loan program under this subdivision is administered by the
metropolitan council. Grants and loans may be made to any
person for resource recovery projects. The grants and loans may
include the cost of planning, acquisition of land and equipment,
and capital improvements. Grants and loans for planning may not
exceed 50 percent of the planning costs. Grants and loans for
acquisition of land and equipment and for capital improvements
may not exceed 50 percent of the cost of the project. Grants
and loans may be made for public education on the need for the
resource recovery projects. A grant or loan for land,
equipment, or capital improvements may not be made until the
metropolitan council has determined the total estimated capital
cost of the project and ascertained that full financing of the
project is assured. Grants and loans made to cities, counties,
or solid waste management districts must be for projects that
are in conformance with approved master plans. A grant or loan
to a city or town must be reviewed and approved by the county
for conformance with the county master plan.
Sec. 46. [473.8441] [LOCAL RECYCLING DEVELOPMENT PROGRAM.]
Subdivision 1. [DEFINITIONS.] "Number of households" has
the meaning given in section 477A.011, subdivision 3a.
Subd. 2. [PROGRAM.] The council shall encourage the
development of permanent local recycling programs throughout the
metropolitan area. By January 1, 1988, the council shall
develop performance indicators for local recycling that will
measure the availability and use of recycling throughout the
metropolitan area. The council shall make grants to qualifying
metropolitan counties as provided in this section.
Subd. 3. [GRANTS; ELIGIBLE COSTS.] Grants may be used to
pay for planning, developing, and operating yard waste
composting and recycling programs.
Subd. 4. [GRANT CONDITIONS.] The council shall administer
grants so that the following conditions are met:
(a) A county must apply for a grant in the manner
determined by the council. The application must describe the
activities for which the grant will be used.
(b) The activities funded must be consistent with the
council's policy plan and the county master plan.
(c) A grant must be matched by equal county expenditures
for the activities for which the grant is made.
(d) All grant funds must be used for new activities or to
enhance or increase the effectiveness of existing activities in
the county.
(e) Counties shall provide support to maintain effective
municipal recycling where it is already established.
Subd. 5. [GRANT ALLOCATION PROCEDURE.] (a) The council
shall distribute the funds so that each qualifying county
receives a base amount of $25,000, plus a proportionate share of
the remaining funds available for the program. A county's share
is an amount that has the same proportion to the total remaining
funds as the number of households in the county has to the total
number of households in all metropolitan counties. The council
shall distribute the funds in two parts.
(b) The first distribution consists of the base amount plus
one-third of the county's proportionate share. To qualify for
the first distribution, a county must submit an application for
council approval before December 1, 1987. Not more than
one-half of the first distribution may be spent for planning and
consultants.
(c) The second distribution consists of the remaining funds
available for the program. To qualify for the second
distribution, a county must have received funds under the first
distribution and must submit for council approval by December 1,
1988, a report on expenditures and activities under the program,
a local recycling implementation strategy as required by section
41, and a proposed performance funding system that will allocate
all of the remaining funds available under the program for
recycling implementation activities in accordance with
performance.
Sec. 47. Minnesota Statutes 1986, section 473.846, is
amended to read:
473.846 [REPORT TO LEGISLATURE.]
By November 1, 1986, and each year thereafter, the agency
and metropolitan council shall submit to the senate finance
committee, the house appropriations committee, and the
legislative commission on waste management separate reports
describing the activities for which money from the landfill
abatement and contingency action funds has been spent during the
previous fiscal year. The council may incorporate its report in
the report required by section 473.149. In its 1988 report, the
council shall make recommendations to the legislature on the
future management and use of the metropolitan landfill abatement
fund.
Sec. 48. [WASTE PESTICIDE COLLECTION; PILOT PROJECT.]
Subdivision 1. [PESTICIDE; DEFINITION.] For the purposes
of this section, "pesticide" means any substance or mixture of
substances intended to prevent, destroy, repel, or mitigate any
pest, and any substance or mixture of substances intended for
use as a plant regulator, defoliant, or desiccant.
Subd. 2. [PROJECT.] The pollution control agency in
consultation and cooperation with the commissioner of
agriculture shall design and implement a pilot project, to be
completed by June 30, 1989, to:
(1) collect and properly dispose of waste pesticides;
(2) inform and educate the public regarding proper waste
pesticide management; and
(3) determine the current waste pesticide management
methods and the nature and extent of problems associated with
waste pesticides.
Subd. 3. [COLLECTION AND DISPOSAL.] The agency shall
provide for the establishment and operation of temporary
collection sites for waste pesticides. It may use its United
States Environmental Protection Agency identification number to
identify pesticides collected. The agency may limit the type
and quantity of pesticides acceptable for collection and may
assess persons bringing pesticides to the collection site for
costs incurred by the agency to store, test, handle, and dispose
of the pesticides.
Subd. 4. [INFORMATION AND EDUCATION.] The agency shall
develop informational and educational materials to alert the
public to proper methods of waste pesticide management.
Subd. 5. [REPORT.] During the pilot project, the agency
shall conduct surveys and collect data on pesticide storage and
disposal. By November 30, 1989, the agency shall report to the
legislative commission on waste management its findings during
the project and its recommendations for further legislation
governing management of waste pesticides.
Subd. 6. [DEPARTMENT OF AGRICULTURE; INVOLVEMENT.] The
commissioner of agriculture must be kept informed of project
data and shall provide assistance and advice to the agency in
operation of the project.
Subd. 7. [MANAGEMENT AND DISPOSAL.] The agency or other
entity collecting waste pesticides must manage and dispose of
the waste in compliance with applicable federal and state
requirements.
Sec. 49. [PROCUREMENT OF RECYCLED MATERIALS.]
Subdivision 1. [PROCUREMENT TEST FOR RECYCLED PAPER.] The
commissioner of administration shall provide for the
establishment of a program to test the purchase of recycled
printing and writing paper by the state.
Subd. 2. [REPORT.] By November 15, 1987, the commissioner
of administration shall report to the legislative commission on
waste management on the methods and results of the test purchase
of recycled printing and writing paper, and any findings and
recommendations about the definitions and bid specifications in
state purchasing contracts; the availability, performance,
appropriate uses, and price of paper and other products
containing recycled material; potential state demand and
viability of cooperative purchases with political subdivisions;
appropriate recordkeeping and reporting mechanisms; and other
similar matters of program design and administration.
Sec. 50. Laws 1984, chapter 644, section 85, is amended to
read:
Sec. 85. [EFFECTIVE DATE.]
Sections 1 to 45, 48 to 51, 56 to 72, and 78 to 84 are
effective the day following final enactment. Sections 46, 47,
and 73 to 77 are effective January 1, 1985, except that the fees
imposed in sections 46, 47, and 73 shall be effective January 1,
1988 1990, with respect to nonhazardous solid waste from
metalcasting facilities. Prior to January 1, 1988 1990, an
operator of a facility that is located in the metropolitan area
for the disposal of mixed minicipal municipal solid waste shall
deduct from the disposal charge for nonhazardous solid waste
from metalcasting facilities the fee imposed under sections 46,
47, and 73.
Section 52 is effective for taxable years after December
31, 1983. Section 55 is effective for sales after June 30,
1984. Sections 53 and 54 are effective for taxable years after
December 31, 1984.
Sec. 51. [APPROPRIATIONS; COMPLEMENT.]
Subdivision 1. [APPROPRIATIONS.] The following amounts are
appropriated from the solid and hazardous waste account to the
agencies and for the purposes and fiscal years specified:
1988 1989
(a) To the waste management board:
(1) For nonhazardous and industrial waste
grants and technical assistance under
section 3 $ 25,000 $ 25,000
(2) For public education under section 4 95,000 95,000
(3) For the solid waste management
policy report under section 14 30,000 30,000
(4) For market development for recyclables
under section 17 100,000 100,000
(5) For waste reduction and separation
projects and technical assistance
under section 21 150,000 150,000
(b) To the pollution control agency:
(1) For the solid waste management
policy report under section 14 30,000 30,000
(2) For household hazardous waste
management under section 29 215,800 300,200
(3) For pilot waste pesticide collection
under section 48 145,800 70,000
(c) To the department of public service for
the notice and inspection program under
section 36 3,600 3,600
Amounts unexpended in one fiscal year are available for
expenditure in the other fiscal year.
Subd. 2. [COMPLEMENT.] The approved complement of the
following agencies is increased as specified:
(a) Waste management board, four positions.
(b) Pollution control agency, five positions.
Subd. 3. [APPROPRIATION; USED OIL.] The transfer from the
motor vehicle transfer fund in Laws 1985, First Special Session
chapter 13, section 28, subdivision 8, for waste tire recycling
may be used by the authority also for loans for used oil
processing equipment and grants for used oil storage tanks under
section 32.
Subd. 4. [APPROPRIATION; METROPOLITAN LANDFILL ABATEMENT.]
All money in the metropolitan landfill abatement fund is
appropriated to the pollution control agency for transfer to the
metropolitan council. The council shall use the funds for the
purposes of section 473.844, as amended, and section 46. The
council shall use $1,500,000 for grants under section 46. By
July 1 of 1987 and 1988 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 for the following fiscal
year. 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.
Subd. 5. [CONTINGENCY ACTION FUND; WORK PROGRAM REQUIRED.]
By July 1 of each year, the agency shall submit to the
legislative commission on waste management, in the form
determined by the commission, a budget and work program showing
anticipated expenditures from the metropolitan landfill
contingency action fund for the following fiscal year. The
agency may not spend the money until the commission has made its
recommendations on the budget and work program. The
recommendations are advisory only.
Sec. 52. [REPEALER.]
Minnesota Statutes 1986, sections 115A.13; 115A.43;
115A.44; 473.834, subdivision 3; and 473.844, subdivisions 2 and
5, are repealed.
Sec. 53. [APPLICATION.]
Sections 39 to 47 are effective in the counties of Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Approved June 1, 1987
Official Publication of the State of Minnesota
Revisor of Statutes