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Minnesota Legislature

Office of the Revisor of Statutes

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