Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

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

  

                         Laws of Minnesota 1988 

                        CHAPTER 685-H.F.No. 2031 
           An act relating to waste management; requiring certain 
          buildings to provide space for recycling; changing the 
          definition of recyclable materials; specifying the 
          responsibilities of the legislative commission on 
          waste management; adding containment of hazardous 
          waste as an item for which the waste management board 
          may make grants; making industrial waste facilities 
          eligible for processing facility loans; creating 
          additional loan and grant programs for waste tire 
          management; banning used oil from placement on the 
          land; removing the county fee cap for waste disposal 
          in the metropolitan area; increasing city and town fee 
          authority; banning yard waste from landfills; 
          establishing a study recommending a system to regulate 
          solid waste disposal fees; authorizing the pollution 
          control agency to recover certain costs; requiring 
          notice to local governments of changes in solid waste 
          disposal permits; adding the chair of the waste 
          management board to the environmental quality board; 
          banning the use of certain plastics; requiring 
          labeling of plastic containers; making changes to the 
          metropolitan landfill siting process; forgiving a 
          solid waste loan to Pennington County; repealing the 
          expiration date of the legislative commission on waste 
          management; appropriating money; amending Minnesota 
          Statutes 1986, sections 16B.24, subdivision 6; 16B.61, 
          by adding a subdivision; 115A.03, subdivisions 25a and 
          25b; 115A.14, subdivision 4; 115A.156, subdivision 3; 
          115A.165; 115A.912; 115A.914; 115A.919; 115B.17, by 
          adding a subdivision; 473.149, subdivision 2b; 
          473.803, subdivision 4; 473.806; 473.840, subdivisions 
          2 and 4; 473.845, subdivision 3; 477A.012, subdivision 
          2; and 609.68; Minnesota Statutes 1987 Supplement, 
          sections 115A.156, subdivisions 1 and 2; 115A.162; 
          115A.48; 115A.916; 115A.921; and 116C.03, subdivision 
          2; Laws 1980, chapter 564, article XII, section 1, 
          subdivision 3, as amended; Laws 1987, chapters 348, 
          section 51, subdivision 1; and 404, section 24, 
          subdivisions 4 and 6; proposing coding for new law in 
          Minnesota Statutes, chapters 115A; 116; and 325E; 
          repealing Minnesota Statutes 1986, sections 115A.14, 
          subdivision 6; and 115A.90, subdivision 4; Minnesota 
          Statutes 1987 Supplement, sections 115A.14, 
          subdivision 5; 115A.41; 116.55; and 116M.07, 
          subdivision 14. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 16B.24, 
subdivision 6, is amended to read:  
    Subd. 6.  [PROPERTY RENTAL.] (a) [LEASES.] The commissioner 
shall rent land and other premises when necessary for state 
purposes.  The commissioner may lease land or premises for five 
years or less, subject to cancellation upon 30 days written 
notice by the state for any reason except rental of other land 
or premises for the same use.  The commissioner may not rent 
non-state-owned land and buildings or substantial portions of 
land or buildings within the capitol area as defined in section 
15.50 unless the commissioner first consults with the capitol 
area architectural and planning board.  Lands needed by the 
department of transportation for storage of vehicles or road 
materials may be rented for five years or less, such leases for 
terms over two years being subject to cancellation upon 30 days 
written notice by the state for any reason except rental of 
other land or premises for the same use.  
    (b) [USE VACANT PUBLIC SPACE.] No agency may initiate or 
renew a lease for space for its own use in a private building 
unless the commissioner has thoroughly investigated presently 
vacant space in public buildings, such as closed school 
buildings, and found that none is available.  
    (c) [PREFERENCE FOR CERTAIN BUILDINGS.] For needs beyond 
those which can be accommodated in state owned buildings, the 
commissioner shall acquire and utilize space in suitable 
buildings of historical, architectural, or cultural significance 
for the purposes of this subdivision unless use of that space is 
not feasible, prudent and cost effective compared with available 
alternatives.  Buildings are of historical, architectural, or 
cultural significance if they are listed on the national 
register of historic places, designated by a state or county 
historical society, or designated by a municipal preservation 
commission.  
    (d) [RECYCLING SPACE.] Leases for space of 30 days or more 
for 5,000 square feet or more must require that space be 
provided for recyclable materials. 
    Sec. 2.  Minnesota Statutes 1986, section 16B.61, is 
amended by adding a subdivision to read: 
    Subd. 3a.  [RECYCLING SPACE.] The code must require 
suitable space for the separation, collection, and temporary 
storage of recyclable materials within or adjacent to new or 
significantly remodeled structures that contain 1,000 square 
feet or more.  Residential structures with less than 12 dwelling 
units are exempt from this subdivision. 
    Sec. 3.  Minnesota Statutes 1986, section 115A.03, 
subdivision 25a, is amended to read:  
    Subd. 25a.  "Recyclable materials" means materials that are 
separated from mixed municipal solid waste, by the generator or 
during collection, for the purpose of recycling, including 
paper, glass, metals, automobile oil, and batteries.  Refuse 
derived fuel or other material that is destroyed by incineration 
is not a recyclable material. 
    Sec. 4.  Minnesota Statutes 1986, section 115A.03, 
subdivision 25b, is amended to read: 
    Subd. 25b.  "Recycling" means the process of collecting and 
preparing recyclable materials and reusing the materials in 
their original form or using them in manufacturing 
processes that do not cause the destruction of recyclable 
materials in a manner that precludes further use. 
    Sec. 5.  Minnesota Statutes 1986, section 115A.14, 
subdivision 4, is amended to read:  
    Subd. 4.  [POWERS AND DUTIES.] (a) The commission shall 
review the biennial report of the board, the agency municipal 
project list and municipal needs list reports, and the budget 
for the agency division of water quality.  The commission shall 
oversee the activities of the board under sections 115A.01 to 
115A.72 and the activities of the agency under sections 115A.42 
to 115A.46, 115A.49 to 115A.54, and 116.16 to 116.18 oversee the 
activities of the board under this chapter relating to solid and 
hazardous waste management, the activities of the agency under 
sections 116.16 to 116.181 relating to water pollution control, 
and the activities of the metropolitan council relating to 
metropolitan waste management under sections 473.801 to 473.848, 
and direct such changes or additions in the work plan of the 
board and agency as it deems fit. 
    (b) The commission shall make recommendations to the 
standing legislative committees on finance and appropriations 
for appropriations from: 
    (1) the environmental response, compensation, and 
compliance fund under section 115B.20, subdivision 5; 
    (2) the metropolitan landfill abatement fund under section 
473.844; and 
    (3) the metropolitan landfill contingency action fund under 
section 473.845. 
    (c) The commission may conduct public hearings and 
otherwise secure data and expressions of opinion.  The 
commission shall make such recommendations as it deems proper to 
assist the legislature in formulating legislation.  Any data or 
information compiled by the commission shall be made available 
to any standing or interim committee of the legislature upon 
request of the chair of the respective committee.  
    Sec. 6.  Minnesota Statutes 1987 Supplement, 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, or containment of 
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. 7.  Minnesota Statutes 1987 Supplement, section 
115A.156, subdivision 2, is amended to read:  
    Subd. 2.  [ELIGIBILITY.] A person proposing to develop and 
operate specific collection and, processing, or containment 
facilities or services to serve generators in the state 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 for 
collection, processing, or containment of their hazardous wastes.
    Sec. 8.  Minnesota Statutes 1986, section 115A.156, 
subdivision 3, is amended to read:  
    Subd. 3.  [PROCEDURE FOR AWARDING GRANTS.] (a) The board 
may establish procedures for awarding grants under this section. 
The procedures for awarding grants shall include consideration 
of the following factors:  
    (1) the need to provide collection and, processing, or 
containment for a variety of types of hazardous wastes;  
    (2) the extent to which the facility or service would 
provide a significant amount of processing or, collection, or 
containment capacity for waste generated in the state, measured 
by the volume of waste to be managed, the number and geographic 
distribution of generators to be served, or the reduction of 
risk to public health and safety and the environment achieved by 
the operation of the facility or service;  
    (3) the availability of the facility or service to all 
generators needing the service in the area to be served;  
    (4) the contribution of the facility or service to 
achieving the policies and objectives of the hazardous waste 
management plan;  
    (5) participation by persons with demonstrated experience 
in developing, designing, or operating hazardous waste 
collection or, processing, or containment facilities or services;
    (6) the need for assistance from the board to accomplish 
the work;  
    (7) the extent to which a proposal would produce and 
analyze new information; and 
    (8) other factors established by the board consistent with 
the purposes of this section.  
    (b) The board may adopt emergency rules under sections 
14.29 to 14.36 to implement the grant program.  Emergency rules 
adopted by the board remain in effect for 360 days or until 
permanent rules are adopted, whichever occurs first.  
    Sec. 9.  Minnesota Statutes 1987 Supplement, section 
115A.162, is amended to read:  
    115A.162 [INDUSTRIAL OR HAZARDOUS WASTE PROCESSING FACILITY 
LOANS.] 
    The board shall review applications for industrial or 
hazardous waste processing facility loans received by 
the agriculture and economic development authority and forwarded 
to the board under section 116M.07, subdivision 9 41A.066.  The 
board may certify a loan application only if it determines that: 
    (1) the applicant has demonstrated that the proposed 
facility is technically feasible;  
    (2) the applicant has made a reasonable assessment of the 
market for the services offered by the proposed facility;  
    (3) the applicant has agreed to provide funds for the 
proposed facility in an amount equal to at least 25 percent of 
the capital cost of the facility excluding land acquisition cost;
    (4) the applicant has agreed to pay the cost of any land 
acquisition necessary to develop the facility; and 
    (5) the facility will contribute in a significant way to 
achievement of the policies and objectives of the hazardous 
waste management plan and, in particular, to reduce the need for 
and practice of industrial or hazardous waste disposal.  
    As a condition of its certification the board may require 
an applicant to agree to provide funds in excess of 25 percent 
of the capital cost of the facility in addition to any land 
acquisition costs.  In certifying an application or in 
determining the share of the capital costs that will be provided 
by the loan, the board may consider the types and volumes 
of industrial or hazardous waste that will be handled by the 
facility, the number of generators served by the facility, and 
the extent to which the facility serves the need of smaller 
businesses that generate industrial or hazardous waste.  The 
board may establish additional criteria for certifying loan 
applications consistent with the provisions of this section.  
    The board may adopt emergency rules under sections 14.29 to 
14.36 to implement the loan program.  Emergency rules adopted by 
the board remain in effect for 360 days or until permanent rules 
are adopted, whichever occurs first.  
    Sec. 10.  Minnesota Statutes 1986, section 115A.165, is 
amended to read:  
    115A.165 [EVALUATION OF GRANT AND LOAN PROGRAMS; REPORT.] 
    By November 1, 1986, of each even-numbered year, the board 
shall evaluate the extent to which the programs provided in 
sections 115A.152 to 115A.162 have contributed to the 
achievement of the policies and objectives of the hazardous 
waste management plan and other related planning documents 
prepared by the board.  The evaluation must consider the amount 
of waste reduction achieved by generators through the technical 
and research assistance and waste reduction grant programs and 
the progress in reducing the need for and practice of disposal 
achieved through the development grants and the request for 
proposal program.  The board shall report the results of its 
evaluation to the legislative commission with its 
recommendations for further action.  
    Sec. 11.  Minnesota Statutes 1987 Supplement, section 
115A.48, is amended to read:  
    115A.48 [MARKET DEVELOPMENT FOR RECYCLABLE MATERIALS AND 
COMPOST.] 
    Subdivision 1.  [AUTHORITY.] The board shall assist and 
encourage the development of specific facilities and, services, 
and uses needed to provide adequate, stable, and reliable 
markets for recyclable materials and compost 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 and compost 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 and compost 
through procurement policies and practices. 
    Sec. 12.  [115A.541] [PLAN; GRANT REQUIREMENT.] 
    The board may approve a plan under section 115A.46 or make 
a grant for a recycling facility under section 115A.54, 
subdivision 2a, only if it finds that the applicant demonstrates 
a commitment to recycle materials separated by generators to the 
extent the program is cost-effective in meeting recycling goals. 
    Sec. 13.  [115A.97] [SPECIAL WASTE; INCINERATOR ASH.] 
     Subdivision 1.  [POLICY; GOALS.] It is the policy of the 
legislature that mixed municipal solid waste incinerators be 
planned and managed to achieve to the maximum extent feasible 
and prudent: 
    (1) reduction of the toxicity of incinerator ash; 
    (2) reduction of the quantity of the incinerator ash; and 
    (3) reduction of the quantity of waste processing residuals 
that require disposal. 
    The purpose of this section is to establish temporary and 
permanent programs to achieve these reduction goals. 
    Subd. 2.  [DEFINITIONS.] For the purposes of this section 
the following terms have the meanings given them. 
    "Incinerator ash" means ash resulting from the combustion 
of mixed municipal solid waste and ash resulting from the 
combustion of refuse derived fuel. 
    "Noncombustible fraction" means constituents of mixed 
municipal solid waste, including glass, ferrous metals, 
nonferrous metals and other inorganics, that, when burned, 
disproportionately add to the quantity of incinerator ash. 
    Subd. 3.  [RULES.] The agency shall adopt rules to 
establish techniques to measure the noncombustible fraction of 
mixed municipal solid waste prior to incineration or processing 
into refuse derived fuel and for at least the testing, 
management, and disposal of incinerator ash.  The rules must be 
designed to meet the goals in subdivision 1. 
    Subd. 4.  [INTERIM PROGRAM.] (a) Incinerator ash is 
considered special waste for an interim period which expires on 
the occurrence of the earliest of the following events: 
    (1) The United States Environmental Protection Agency 
establishes testing and disposal requirements for incinerator 
ash; 
    (2) The agency adopts the rules required in subdivision 3; 
or 
    (3) June 30, 1990. 
    (b) As a special waste incinerator ash must be stored 
separately from mixed municipal solid waste with adequate 
controls to protect the environment as provided in agency 
permits.  For the interim period, the agency, in cooperation 
with generators of incinerator ash and other interested parties, 
shall establish a temporary program to test, monitor, and store 
incinerator ash.  The program must include separate testing of 
fly ash, bottom ash, and combined ash unless the agency 
determines that because of physical constraints at the facility 
separate samples of fly ash and bottom ash cannot be reasonably 
obtained in which case only combined ash must be tested. 
Incinerator ash stored during the interim is subject to the 
rules adopted pursuant to subdivision 3 and to the provisions of 
chapter 115B. 
    Subd. 5.  [PLANS; BOARD REPORT.] A county solid waste plan, 
or revision of a plan, that includes incineration of mixed 
municipal solid waste must clearly state how the county plans to 
meet the goals in subdivision 1 of reducing the toxicity and 
quantity of incinerator ash and of reducing the quantity of 
processing residuals that require disposal.  The board, in 
cooperation with the agency, the counties, and the metropolitan 
council, may develop guidelines for counties to use to identify 
ways to meet the goals in subdivision 1. 
    The board, in cooperation with the agency, the counties, 
and the metropolitan council, shall develop and propose 
statewide goals and timetables for the reduction of the 
noncombustible fraction of mixed municipal solid waste prior to 
incineration or processing into refuse derived fuel and for the 
reduction of the toxicity of the incinerator ash.  By January 1, 
1990, the board shall report to the legislative commission on 
waste management on the proposal goals and timetables with 
recommendations for their implementation. 
    Subd. 6.  [PERMITS; AGENCY REPORT.] An application for a 
permit to build or operate a mixed municipal solid waste 
incinerator, including an application for permit renewal, must 
clearly state how the applicant will achieve the goals in 
subdivision 1 of reducing the toxicity and quantity of 
incinerator ash and of reducing the quantity of processing 
residuals that require disposal.  The agency, in cooperation 
with the board, the counties, and the metropolitan council, may 
develop guidelines for applicants to use to identify ways to 
meet the goals in subdivision 1. 
    If, by January 1, 1990, the rules required by subdivision 3 
are not in at least final draft form, the agency shall report to 
the legislative commission on waste management on the status of 
current incinerator ash management programs with recommendations 
for specific legislation to meet the goals of subdivision 1. 
    Sec. 14.  Minnesota Statutes 1986, section 115A.912, is 
amended to read:  
    115A.912 [WASTE TIRE COLLECTION MANAGEMENT.] 
    Subdivision 1.  [PURPOSE.] Money appropriated to the agency 
board for waste tire collection management may be spent for 
elimination of health and safety hazards of tire dumps and 
collection sites, tire dump abatement, collection, management 
and clean up of waste tires, regulation of permitted waste tire 
facilities, research and studies to determine the technical and 
economic feasibility of uses for tire derived products, public 
education on waste tire management, and grants and loans under 
section 15. 
    Subd. 2.  [PRIORITIES FOR SPENDING.] The agency board shall 
apply the following criteria to establish priorities:  (1) tire 
dumps or collection sites determined by the agency board to 
contain more than 1,000,000 tires; (2) abatement of fire hazard 
nuisances; (3) abatement of nuisance in densely populated areas; 
and (4) collection and clean up of waste tires including 
abatement of tire dumps.  
    Subd. 3.  [CONTRACTS WITH COUNTIES.] The agency board may 
contract with counties for the abatement of waste tire nuisances 
and may reimburse a county for up to 85 percent of the cost of 
abatement.  A contract with a county for abatement of waste tire 
nuisances must incorporate a plan approved by the board that 
provides for the removal and processing of the waste tires in a 
manner consistent with board standards and ongoing board 
abatement activities.  A county may recover by civil action its 
part of abatement costs from the tire collector responsible for 
a nuisance. 
    Sec. 15.  [115A.913] [WASTE TIRE PROGRAMS.] 
    Subdivision 1.  [LOANS AND GRANTS.] (a) The board may make 
loans to waste tire processing businesses for the capital costs 
of land, buildings, equipment, and other capital improvements 
needed for the construction or betterment of waste tire 
processing facilities, and for the capital cost of equipment 
needed to transport waste tires to a waste tire processing 
facility.  The board may also make loans to businesses that use 
waste tire derived products in manufacturing processes, for the 
capital costs of land, buildings, and equipment used in the 
manufacturing process. 
    (b) The board may make grants for studies necessary to 
demonstrate the technical and economic feasibility of a proposed 
waste tire processing project, or of a proposed use for waste 
tire derived products in a manufacturing process.  A grant may 
not exceed $30,000 and may not exceed 75 percent of the costs of 
a study. 
    Subd. 2.  [COLLECTION AND TRANSPORTATION.] The board may 
make grants to local government units for the cost of 
establishing waste tire collection sites.  Grants may be used 
for the capital costs of land, structures, and equipment needed 
to establish waste tire collection sites, and to collect and 
transport waste tires.  A grant may not exceed 50 percent of the 
cost to a local government unit to establish a waste tire 
collection site. 
    Subd. 3.  [FEASIBILITY STUDIES.] The board may conduct 
research and studies to determine the technical and economic 
feasibility of uses for waste tire derived products. 
    Subd. 4.  [PUBLIC EDUCATION.] The board may conduct a 
program to inform the public about proper handling and 
opportunities for processing of waste tires consistent with 
section 115A.072. 
    Subd. 5.  [REPORT.] By November 15 of each year, the board 
shall prepare and submit to the legislative commission on waste 
management a progress report of the board's operations and 
activities under sections 115A.90 to 115A.914. 
    Sec. 16.  Minnesota Statutes 1986, section 115A.914, is 
amended to read:  
    115A.914 [RULES ADMINISTRATION; COUNTY PLANNING; AND 
ORDINANCES.] 
    Subdivision 1.  [REGULATORY AND ENFORCEMENT POWERS.] For 
purposes of implementing and enforcing the waste tire programs 
in sections 115A.90 to 115A.914, the board may exercise the 
regulatory and enforcement powers of the agency under chapters 
115 and 116.  
    Subd. 2.  [AGENCY BOARD RULES.] The agency board shall 
adopt rules for administration of waste tire collector and 
processor permits, waste tire nuisance abatement, and waste tire 
collection.  Until December 31, 1985, the agency may adopt 
emergency rules for these purposes.  
    Subd. 2. 3.  [COUNTY PLANNING; ORDINANCES.] Counties shall 
include collection and processing of waste tires in the solid 
waste management plan prepared under sections 115A.42 to 115A.46 
and shall adopt ordinances under sections 400.16 and 473.811 for 
management of waste tires that embody, but may be more 
restrictive than, agency board rules. 
    Sec. 17.  Minnesota Statutes 1987 Supplement, section 
115A.916, is amended to read:  
    115A.916 [USED OIL; LAND DISPOSAL PROHIBITED.] 
    A person may not place used oil in mixed municipal solid 
waste or dispose of place used oil in a solid waste disposal 
facility after January 1, 1988 or on the land, unless approved 
by the agency.  This section may be enforced by the agency 
pursuant to section 115.071. 
    Sec. 18.  [115A.9162] [USED OIL LOANS AND GRANTS.] 
    Subdivision 1.  [LOANS.] The board may make loans to 
businesses for the purchase of used oil processing equipment. 
    Subd. 2.  [GRANTS.] The board 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 
commissioner of the 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 $2,500 and a county may not receive 
more than $5,000 in grants for storage tanks. 
    Sec. 19.  Minnesota Statutes 1986, section 115A.919, is 
amended to read:  
    115A.919 [COUNTY FEE AUTHORITY.] 
    A county may impose a fee, by cubic yard of waste or its 
equivalent, on operators of facilities for the disposal of mixed 
municipal solid waste located within the county.  The fee in the 
metropolitan area may not exceed 25 cents per cubic yard or its 
equivalent.  The revenue from the fees shall be credited to the 
county general fund and shall be used only for landfill 
abatement purposes, or costs of closure, postclosure care, and 
response actions or for purposes of mitigating and compensating 
for the local risks, costs, and other adverse effects of 
facilities.  
    Waste residue from energy and resource recovery facilities 
at which solid waste is processed for the purpose of extracting, 
reducing, converting to energy, or otherwise separating and 
preparing solid waste for reuse shall be exempt from one-half 
the amount of the fee imposed by a county under this section if 
there is at least an 85 percent volume reduction in the solid 
waste processed.  Before any fee is reduced, the verification 
procedures of section 473.843, subdivision 1, paragraph (c), 
must be followed and submitted to the appropriate county.  
      Sec. 20.  Minnesota Statutes 1987 Supplement, section 
115A.921, is amended to read:  
    115A.921 [CITY OR TOWN FEE AUTHORITY.] 
    A city or town may impose a fee, not to exceed 25 35 cents 
per cubic yard of waste, or its equivalent, on operators of 
facilities for the disposal of mixed municipal solid waste 
located within the city or town.  The revenue from the fees must 
be credited to the city or town general fund and.  Revenue 
produced by 25 cents of the fee must be 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.  Revenue produced by ten cents of the fee 
may be used for any general fund purpose.  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. 21.  [115A.931] [LAND DISPOSAL OF YARD WASTE.] 
    (a) Except as authorized by the agency, in the metropolitan 
area after January 1, 1990, and outside the metropolitan area 
after January 1, 1992, a person may not dispose of yard waste: 
    (1) in mixed municipal solid waste; 
    (2) in a disposal facility; or 
    (3) in a resource recovery facility except for the purposes 
of composting or co-composting. 
    (b) Yard waste subject to this subdivision is garden 
wastes, leaves, lawn cuttings, weeds, and prunings. 
    Sec. 22.  [115A.98] [WASTE DISPOSAL FEE REGULATION.] 
    Subdivision 1.  [FEE REGULATION.] The legislature finds 
that the limited number of solid waste disposal facilities in 
the metropolitan area has created a condition that could allow 
operators to charge unjust and unreasonable rates.  The 
legislature finds that until sufficient alternatives to landfill 
disposal become available, the disposal of solid waste is 
necessary for the health and general welfare of the citizens of 
this state.  Therefore, to ensure just and reasonable fees for 
the disposal of solid waste, ash, and construction debris in the 
metropolitan area and a reasonable rate of return to owners and 
operators of disposal facilities while achieving environmental 
requirements and other community standards at the facilities, 
disposal fee structures of disposal facilities that accept solid 
waste, ash, or construction debris will be publicly regulated. 
    Subd. 2.  [DISPOSAL FEE DISCLOSURE.] By July 1 of each 
year, each permittee of a disposal facility that accepts solid 
waste, ash, or construction debris in the metropolitan area 
shall file with the agency the disposal fees of that facility, 
including any proposed changes in those fees.  The permittee of 
a facility must also file all necessary documentation to support 
the amounts of the fees charged, the costs of operation, and the 
necessity of fee increases to reflect cost increases.  Until 
June 1, 1989, disposal fees in the metropolitan area may not be 
increased except to reflect documented increases in the costs of 
operation of the disposal facility.  The agency may suspend the 
operation of a disposal facility whose permittee fails to file 
the information required in this subdivision or files inadequate 
information to support fee increases based on increased costs 
until such time as the permittee files adequate information.  
    Subd. 3.  [COMMISSION RECOMMENDATION.] The legislative 
commission on waste management, in cooperation with the agency, 
the board, the public utilities commission, other state 
agencies, and interested parties shall study current fee 
structures at disposal facilities in the state for the purpose 
of recommending to the legislature a regulatory program to 
ensure just and reasonable disposal fees.  The recommendation 
must include identification of an appropriate entity to impose 
fee regulation, a structure for fee regulation, standards to be 
used in regulating fees, and procedures to be followed to 
regulate fees.  The commission's recommendation must be 
finalized no later than December 31, 1988. 
    Subd. 4.  [EFFECT ON SURCHARGES.] This section does not 
affect the amount of any city, county or state surcharges on 
disposal fees. 
    Sec. 23.  Minnesota Statutes 1986, section 115B.17, is 
amended by adding a subdivision to read: 
    Subd. 14.  [REQUESTS FOR REVIEW, INVESTIGATION, AND 
OVERSIGHT.] (a) The commissioner may, upon request, assist a 
person in determining whether real property has been the site of 
a release or threatened release of a hazardous substance, 
pollutant, or contaminant.  The commissioner may also assist in, 
or supervise, the development and implementation of reasonable 
and necessary response actions.  Assistance may include review 
of agency records and files, and review and approval of a 
requester's investigation plans and reports and response action 
plans and implementation. 
    (b) The person requesting assistance under this subdivision 
shall pay the agency for the agency's cost, as determined by the 
commissioner, of providing assistance.  Money received by the 
agency for assistance under this section must be deposited in 
the environmental response, compensation, and compliance fund. 
     Sec. 24.  [116.074] [NOTICE OF PERMIT CONDITIONS TO LOCAL 
GOVERNMENTS.] 
    Before the agency grants a permit for a solid waste 
facility, allows a significant alteration of permit conditions 
or facility operation, or allows the change of a facility 
permittee, the commissioner must notify the county and town 
where the facility is located, contiguous counties and towns, 
and all home rule charter and statutory cities within the 
contiguous townships.  If a local government unit requests a 
public meeting within 30 days after being notified, the agency 
must hold at least one public meeting in the area near the 
facility before granting the permit, allowing the alterations in 
the permit conditions or facility operation, or allowing the 
change of the facility permittee. 
    Sec. 25.  Minnesota Statutes 1987 Supplement, section 
116C.03, subdivision 2, is amended to read:  
    Subd. 2.  The members of the board are the director of the 
state planning agency, the director of public service, the 
director of the pollution control agency, the commissioner of 
natural resources, the chair of the waste management board, the 
commissioner of agriculture, the commissioner of health, the 
commissioner of transportation, the chair of the board of water 
and soil resources, and a representative of the governor's 
office designated by the governor.  The governor shall appoint 
five members from the general public to the board, subject to 
the advice and consent of the senate.  At least two of the five 
public members must have knowledge of and be conversant in water 
management issues in the state. 
     Sec. 26.  [325E.042] [PROHIBITING SALE OF CERTAIN 
PLASTICS.] 
    Subdivision 1.  [PLASTIC CAN.] (a) A person may not sell, 
offer for sale, or give to consumers in this state a beverage 
packaged in a plastic can. 
    (b) A plastic can subject to this subdivision is a single 
serving beverage container composed of plastic and metal 
excluding the closure mechanism. 
    Subd. 2.  [NONDEGRADABLE PLASTIC.] A person may not sell, 
offer for sale, or give to consumers beverages or motor oil 
containers held together by nondegradable plastic material. 
    Subd. 3.  [PENALTY.] A person who violates subdivision 1 or 
2 is guilty of a misdemeanor. 
    Sec. 27.  [325E.044] [PLASTIC CONTAINER LABELING.] 
    Subdivision 1.  [DEFINITIONS.] The definitions in this 
subdivision apply to this section. 
    (a) "Distributor" means a person engaged in business that 
ships or transports products to retailers in this state to be 
sold by those retailers. 
    (b) "Labeling" means attaching information to or embossing 
or printing information on a plastic container. 
    (c) "Manufacturer" means any manufacturer offering for sale 
and distribution a product packaged in a container. 
    (d) "Plastic container" means an individual, separate, 
plastic bottle, can, or jar with a capacity of sixteen ounces or 
more. 
    Subd. 2.  [LABELING RULES REQUIRED.] By March 31, 1989, the 
board shall adopt rules requiring labeling of plastic 
containers.  The rules adopted under this subdivision must allow 
a manufacturer of plastic containers, a person who places 
products in plastic containers, and a person who sells products 
in plastic containers to choose an appropriate method of 
labeling plastic containers.  The board shall adopt rules as 
consistent as practicable with national industry-wide plastic 
container coding systems.  The rules may exempt plastic 
containers of a capacity of less than a specified minimum size 
from the labeling requirements. 
    Subd. 3.  [PROHIBITION.] A person may not manufacture or 
bring into the state for sale in this state a plastic container 
that does not comply with the labeling rules adopted under 
subdivision 2. 
    Subd. 4.  [ENFORCEMENT; CIVIL PENALTY; INJUNCTIVE 
RELIEF.] (a) After being notified that a plastic container does 
not comply with the rules under subdivision 2, any manufacturer 
or distributor who violates subdivision 3 is subject to a civil 
penalty of $50 for each violation up to a maximum of $500 and 
may be enjoined from such violations. 
    (b) The attorney general may bring an action in the name of 
the state in a court of competent jurisdiction for recovery of 
civil penalties or for injunctive relief as provided in this 
subdivision.  The attorney general may accept an assurance of 
discontinuance of acts in violation of subdivision 3 in the 
manner provided in section 8.31, subdivision 2b. 
    Sec. 28.  [325E.32] [WASTE TIRES; COLLECTION.] 
    A person who sells automotive tires at retail must accept 
waste tires from customers for collection and recycling.  The 
person must accept as many waste tires from each customer as 
tires are bought by that customer. 
    Sec. 29.  Minnesota Statutes 1986, section 473.149, 
subdivision 2b, is amended to read: 
    Subd. 2b.  [INVENTORY OF SOLID WASTE DISPOSAL SITES.] By 
September 1, 1983, the council shall adopt by resolution an 
inventory of eligible solid waste disposal sites and buffer 
areas within the metropolitan area.  The council's inventory 
shall be composed of the sites and buffer areas proposed by the 
counties and reviewed and approved by the council pursuant to 
section 473.803, subdivision 1a.  If a county does not have an 
approved inventory of the required number of sites by June 1, 
1983, the council shall begin investigations and public hearings 
in order to adopt the required inventory for the county by 
September 1, 1983.  The council's inventory shall satisfy all 
requirements and standards described in section 473.803, 
subdivision 1a, for sites and buffer areas proposed by 
counties.  For sites and buffer areas included in the council's 
inventory, the development limitation imposed under section 
473.806, subdivision 1, shall extend until 90 days following the 
selection of sites pursuant to section 473.833, subdivision 3.  
Upon the request of a county, the council may remove from the 
inventory property that is within the boundaries of the fill 
portion of a currently or previously permitted solid waste 
disposal facility, if the removal of the property does not 
reduce the size of the affected site below the 80 acre minimum 
area required in section 473.803, subdivision 1a. 
    Sec. 30.  Minnesota Statutes 1986, section 473.803, 
subdivision 4, is amended to read:  
    Subd. 4.  [ADVISORY COMMITTEE.] By July 1, 1984 each county 
shall establish a solid waste management advisory committee to 
aid in the preparation of the county master plan and, any 
revisions thereof and such additional matters as the county 
deems appropriate.  The committee must consist of one-third 
citizen representatives, one-third representatives from towns 
and cities within the county, and one-third representatives from 
private waste management firms.  At least one-third of the 
members of The committee must be include residents of towns or 
cities within the county containing solid waste disposal 
facilities and eligible solid waste disposal sites included in 
the council's disposal site inventory.  Members of the council's 
solid waste advisory committee who reside in the county 
are ex-officio members of the county advisory committee.  A 
representative of the metropolitan council is an ex officio 
member of the committee.  
     Sec. 31.  Minnesota Statutes 1986, section 473.806, is 
amended to read: 
     473.806 [INVENTORY OF DISPOSAL SITES; DEVELOPMENT 
LIMITATIONS.] 
     Subdivision 1.  [COUNCIL APPROVAL REQUIRED.] In order to 
permit the comparative evaluation of sites and the participation 
of affected localities in decisions about the use of sites, a 
metropolitan development limitation is hereby imposed as 
provided in this subdivision on development within the area of 
each site and buffer area proposed by a county pursuant to 
section 473.803, subdivision 1a, pending the council's adoption 
of an inventory pursuant to section 473.149, subdivision 2b.  
For sites and buffer areas included in the council's inventory, 
the limitation shall extend until 90 days following the 
selection of sites pursuant to section 473.833, subdivision 3, 
except that the council may at any time, with the approval of 
the county in which the site is located, abrogate the 
application of the limitation to a specific site or sites or 
buffer areas.  No development shall be allowed to occur within 
the area of a site or buffer area during the period of the 
metropolitan development limitation without the approval of the 
council.  No county, city, or town land use control shall permit 
development which has not been approved by the council, nor 
shall any county, city, or town sanction or approve any 
subdivision, permit, license, or other authorization which would 
allow development to occur which has not been approved by the 
council.  The council shall not approve actions which would 
jeopardize the availability of a site for use as a solid waste 
facility.  The council may establish guidelines for reviewing 
requests for approval under this subdivision.  Requests for 
approval shall be submitted in writing to the chair of the 
council and must include a development schedule and any 
information required by the council to demonstrate that the 
proposed development is feasible and economically viable 
pursuant to guidelines adopted by the council.  Requests for 
approval shall be deemed to be approved by the council unless 
the chair otherwise notifies the submitter in writing within 15 
days.  
    Subd. 2.  [ACQUISITION OF TEMPORARY DEVELOPMENT RIGHTS.] If 
pursuant to subdivision 1 the council refuses to approve 
development which is permitted by local development plans, land 
use classification, and zoning and other official controls 
applying to the property on February 1, 1983, the landowner may 
elect to have the county purchase temporary development rights 
to the property for the period extending from the date when the 
council approved the site which affects the property for 
inclusion in the metropolitan inventory of sites until December 
31, 1987 1992.  The election must be made within 30 days of the 
council's decision to refuse to approve development.  The 
council shall provide funds, from the proceeds of the bonds 
issued pursuant to section 473.831, for the county to purchase 
the temporary development rights.  The landowner's compensation 
shall be determined by the agreement of the owner, the county, 
and the council.  If the parties cannot agree within 60 days of 
the owner's election, the county shall acquire the temporary 
development rights through eminent domain proceedings, and the 
landowner's compensation shall be the fair market value of the 
temporary development rights.  A landowner who elects under this 
section to have the county purchase temporary development rights 
to the landowner's property is entitled to prompt action by the 
county.  If the landowner brings a successful action to compel 
the county to initiate eminent domain proceedings, the landowner 
is entitled to petition the court for reimbursement of 
reasonable costs and expenses, including reasonable attorney, 
appraisal, and engineering fees that were actually incurred in 
bringing the action. 
    Sec. 32.  Minnesota Statutes 1986, section 473.840, 
subdivision 2, is amended to read: 
    Subd. 2.  [DEFINITIONS.] (a) "Qualifying property" is a 
parcel of real property any part of which is located within the 
site or buffer area of a candidate site under section 473.153, 
or a site included in the metropolitan inventory adopted under 
section 473.149, subdivision 2b, for the purposes of 
environmental review under section 473.833, subdivision 2a.  
    (b) An "eligible owner" is a person who:  (1) owns the 
entire parcel of qualifying property; (2) owned the entire 
parcel of property at the time the site was selected as a 
candidate site or included in the metropolitan inventory; and (3)
since the site was selected or included in the inventory, has 
for at least six months offered to sell the entire parcel on the 
open market through a licensed real estate agent; and (4) has 
not previously entered a contract under subdivision 4 for the 
sale of any or all of the parcel.  
    Sec. 33.  Minnesota Statutes 1986, section 473.840, 
subdivision 4, is amended to read: 
     Subd. 4.  [CONTRACT; TERMS AND REQUIREMENTS.] The council 
and the county or commission shall enter a contract as provided 
in this subdivision with an eligible owner of qualifying 
property who requests the council and the county or commission 
to enter the contract as provided in subdivision 3.  The council 
and the county or commission have 90 days to act on a request 
submitted under subdivision 3.  The contract must include at 
least the following terms:  
     (a) The owner must offer to sell the entire parcel of 
property on the open market through a licensed real estate agent 
approved by the council for at least a six-month period 
beginning within one month after the appraised market value of 
the property is determined as provided in paragraph (b).  The 
offer to sell must be made at no more than the appraised market 
value.  
     (b) The appraised market value of the property must be 
determined by an appraiser selected by the council.  If the 
owner disagrees with the appraisal the owner shall select an 
appraiser to make a second appraisal.  If a second appraisal is 
made, the council and the owner may agree on an appraised market 
value equal to either the first or second appraisal or any 
amount between those appraisals.  If the council and owner do 
not agree on an appraised market value the two appraisers shall 
select a third appraiser, and the appraised market value must be 
determined by a majority of the three appraisers.  Appraisers 
must be selected from the approved list of real property 
appraisers of the state commissioner of administration.  
Appraisers shall take an oath that they have no interest in any 
of the property to be appraised or in the purchase thereof.  
Each party shall pay the cost of the appraiser selected by that 
party and shall share equally in the cost of a third appraiser 
selected under this paragraph.  The appraised market value of 
the property may not be increased or decreased by reason of its 
selection as a candidate or inventoried site or buffer area.  
    (c) The county or commission must purchase the entire 
parcel of property at the appraised market value determined 
under paragraph (b) if:  (1) the council determines, based upon 
affidavits provided by the owner and the real estate agent and 
other evidence the council may require, that the owner has made 
a good faith effort to sell the property as provided in 
paragraph (a) and has been unable to sell the property at the 
appraised market value; (2) the council determines that the 
owner will be subject to undue hardship as a result of failure 
to sell; (3) the county or commission determines that the owner 
has marketable title to the property and that the owner has 
cured any defects in the title within a reasonable time as 
specified in the contract; and (4) (3) the owner conveys the 
property by warranty deed in a form acceptable to the county or 
commission.  
    (d) The owner may not assign or transfer any rights under 
the contract to another person.  
     (e) The contract expires and the obligations of the parties 
under the contract cease when the property is sold or is either 
selected or eliminated from consideration by a final decision of 
the council under section 473.153, subdivision 6, or by a final 
decision of the county site selection authority or council under 
section 473.833, subdivision 3.  
     (f) The council and the commission or county may require 
other terms of contract that are consistent with the purposes of 
this section and necessary to protect the interests of the 
parties. 
    Sec. 34.  Minnesota Statutes 1986, section 473.845, 
subdivision 3, is amended to read: 
    Subd. 3.  [CLOSURE AND POSTCLOSURE, RESPONSE PAYMENTS 
EXPENDITURES FROM THE FUND.] Money in the fund may only be 
appropriated to the agency for expenditure for:  
    (1) reasonable and necessary expenses for closure and 
postclosure care of a mixed municipal solid waste disposal 
facility in the metropolitan area for a 20-year period after 
closure, if the agency determines that the operator or owner 
will not take the necessary actions requested by the agency for 
closure and postclosure in the manner and within the time 
requested; or 
    (2) reasonable and necessary response and postclosure costs 
at a mixed municipal solid waste disposal facility in the 
metropolitan area that has been closed for 20 years in 
compliance with the closure and postclosure rules of the agency; 
or 
    (3) reasonable and necessary response costs resulting from 
county actions required under section 473.833, subdivision 2a, 
when those actions are done under the supervision of the agency. 
    Sec. 35.  Minnesota Statutes 1986, section 477A.012, 
subdivision 2, is amended to read:  
    Subd. 2.  [ADDITIONAL AID FOR CERTAIN COUNTIES.] (a) Each 
county that becomes eligible to negotiate a contract with the 
waste management board pursuant to section 115A.191 shall be 
entitled to receive $4,000 $6,000 per month in additional local 
government aids, for each full calendar month that it is 
eligible.  If the state's liability under this clause exceeds 
$40,000 in any month, the commissioner shall proportionately 
reduce the entitlements of each eligible county. 
    (b) Any county government that has executed a contract with 
the board pursuant to section 115A.191 shall receive an amount 
as provided under a schedule set forth in the contract not to 
exceed $150,000 per year in additional local government aids, 
for a period of not more than two years following the execution 
of the contract.  The sum of the state's obligations under this 
clause may not exceed $600,000 in any fiscal year. 
    (c) Aid distributions under this subdivision are in 
addition to any distributions to which a county is entitled 
pursuant to subdivision 1, and must not be deducted in the 
computation of levy limits.  When an aid payment is made 
pursuant to section 477A.015, the commissioner shall distribute 
to each eligible county the full entitlement due under clause 
(a) for the county's period of eligibility that was not paid in 
a previous distribution.  When an aid payment is made pursuant 
to section 477A.015, The commissioner shall distribute the 
amounts due under clause (b) to each county that has executed a 
contract the full amount due under clause (b) in accordance with 
the terms of the contract.  In no case may any additional aid 
amounts due under this subdivision be paid prior to July 1, 1987.
    Sec. 36.  Minnesota Statutes 1986, section 609.68, is 
amended to read:  
    609.68 [UNLAWFUL DEPOSIT OF GARBAGE, LITTER OR LIKE.] 
    Whoever unlawfully deposits garbage, rubbish, offal, or the 
body of a dead animal, or other litter in or upon any public 
highway, public waters or the ice thereon, shoreland areas 
adjacent to rivers or streams as defined by section 105.485, 
subdivision 2, public lands, or, without the consent of the 
owner, private lands or water or ice thereon, is guilty of a 
misdemeanor.  
      Sec. 37.  [PENNINGTON COUNTY SOLID WASTE LOAN FORGIVEN.] 
    Notwithstanding Minnesota Statutes, section 115A.54, 
subdivision 3, the awarding resolution, or the agreement between 
Pennington county and the state acting though the waste 
management board, Pennington county need not repay the 
outstanding balance of the loan made to it under Minnesota 
Statutes, section 115A.54, subdivision 2.  The other obligations 
of Pennington county under the loan agreement remain in effect. 
    Sec. 38.  [REPORT.] 
    As part of the report required in 1988 by Minnesota 
Statutes 1987 Supplement, section 473.149, subdivision 6, the 
council shall estimate the disposal capacity available in the 
metropolitan area for mixed municipal solid waste and 
incinerator ash and shall describe the abatement implementation 
strategies and actions that would be necessary to make that 
capacity last until the years 2000, 2005, and 2010. 
    Sec. 39.  Laws 1987, chapter 348, section 51, subdivision 
1, is amended to read: 
    Sec. 51.  [APPROPRIATIONS; COMPLIMENT.] 
    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. 
    Sec. 40.  Laws 1987, chapter 404, section 24, subdivision 
4, is amended to read: 
     Subd. 4.  Solid Waste and Haz- 
ardous Waste Pollution Control 
   $13,074,500        $13,350,700 
                      Summary by Fund
General                  $ 1,828,200  $ 1,723,000 
Special Revenue            $ 988,300    $ 951,700 
Public Health              $ 131,900    $ 131,900 
Environmental            $ 2,233,400  $ 2,233,400 
Metro Landfill 
Abatement                $ 1,134,000  $ 1,134,000 
Metro Landfill 
Contingency                $ 662,000    $ 162,000 
Motor Vehicle 
Transfer                 $ 1,473,200  $ 1,008,200 
Water Pollution 
Control                  $ 4,623,500  $ 6,006,500 
(a) All money in the environmental 
response, compensation and compliance 
fund not otherwise appropriated, is 
appropriated to the pollution control 
agency for the purposes described in 
the environmental response and 
liability act, Minnesota Statutes, 
section 115B.20, subdivision 2, clauses 
(a), (b), (c), and (d).  This 
appropriation is available until June 
30, 1989. 
(b) All money in the metropolitan 
landfill abatement fund not otherwise 
appropriated is appropriated to the 
pollution control agency for payment to 
the metropolitan council and may be 
used by the council for the purposes of 
Minnesota Statutes, section 473.844.  
The council may not spend the money 
until the legislative commission on 
waste management has made its 
recommendations on the budget and work 
program submitted by the council. 
(c) Any unencumbered balance from the 
metropolitan landfill contingency fund 
remaining in fiscal year 1988 does not 
cancel but is available for fiscal year 
1989. 
(d) A solid and hazardous waste account 
is created as a separate fund in the 
state treasury.  The commissioner of 
finance shall transfer $919,000 from 
the motor vehicle transfer fund and 
$680,000 from the water pollution 
control fund over the biennium to the 
solid and hazardous waste fund. 
(e) $100,000 is appropriated for the 
household hazardous waste program 
created in the law styled as H.F. No. 
794 of the 1987 legislative session.  
Any unencumbered balance remaining in 
the first year does not cancel and is 
available for the second year of the 
biennium. 
(f) $1,973,200 the first year and 
$2,008,200 the second year are from the 
motor vehicle transfer fund for use in 
cleanup of waste tire dumps, as 
prioritized by the agency for waste 
tire management under section 14.  Any 
unencumbered balance remaining in the 
first year does not cancel but is 
available for the second year. 
$4,500,000 the first year and 
$5,900,000 the second year are 
appropriated from the water pollution 
control fund for transfer to the 
environmental response, compensation, 
and compliance fund.  The 
appropriations in paragraph (f) are 
available until expended.  
    Sec. 41.  Laws 1987, chapter 404, section 24, subdivision 
6, is amended to read: 
     Subd. 6.  Balances Canceled 
$6,235,800 the first year and 
$6,117,200 the second year of the 
balance in the water pollution control 
fund must be canceled and transferred 
to the general fund on July 1, 1987, 
and July 1, 1988, respectively. 
$2,425,200 the first year and 
$2,925,200 $2,680,200 the second year 
of the balance in the motor vehicle 
transfer fund must be canceled and 
transferred to the general fund on July 
1, 1987, and July 1, 1988, respectively.
    Sec. 42.  Laws 1980, chapter 564, article XII, section 1, 
subdivision 3, as amended by Laws 1983, chapter 299, section 31, 
and chapter 301, section 222, is amended to read: 
     Subd. 3.  WASTE MANAGEMENT BOARD.             15,718,000
This appropriation is available for the 
following purposes: 
 (a) General Operations and Management.  
Approved Complement - 14.  These 
positions are in the unclassified 
service and their continuation is 
dependent upon the availability of 
money from appropriations in this 
subdivision.  When these appropriations 
have been expended the positions shall 
be canceled and the approved complement 
reduced accordingly.  The annual salary 
of the full-time chairperson of the 
board shall be $45,000 established 
pursuant to section 15A.081, 
subdivision 1. 
(b) Acquisition of Sites and Buffer 
Areas for Hazardous Waste 
Facilities                                          6,200,000
This appropriation is from the state 
waste management fund, to be spent 
pursuant to article II, section 3, 
subdivision 4.  Up to $3,200,000 is 
available for, including payment of the 
costs of staff and independent 
professional services needed for the 
selection and acquisition of sites. 
(c) Waste Processing Facility 
Demonstration Program                               8,800,000
This appropriation is from the state 
waste management fund, to be spent 
pursuant to article VI, sections 4 and 
6.  Up to 5 percent is available for 
administration and technical and 
professional services. 
     Sec. 43.  [APPROPRIATION; COMPLEMENT.] 
    Subdivision 1.  [WASTE MANAGEMENT BOARD.] $821,300 is 
appropriated from the motor vehicle transfer fund to the waste 
management board for the waste tire management programs and 
waste oil loans and grants and market feasibility studies. 
    This appropriation is available until expended. 
    The complement of the board is increased by six positions. 
    Subd. 2.  [POLLUTION CONTROL AGENCY.] $238,500 is 
appropriated to the pollution control agency from the 
environmental response, compensation, and compliance fund for 
the purposes of section 23 to be available until June 30, 1989.  
This appropriation must be returned to the fund through the cost 
recovery system under section 23. 
    The complement of the agency is increased by six positions, 
two of which are full-time temporary in the unclassified 
service, to develop an automated data base.  When the data base 
is operational, the unclassified positions terminate and the 
approved complement of the agency is reduced accordingly. 
    Sec. 44.  [REPEALER.] 
    Minnesota Statutes 1986, sections 115A.14, subdivision 6; 
and 115A.90, subdivision 4; Minnesota Statutes 1987 Supplement, 
sections 115A.14, subdivision 5; 115A.41; 116.55; and 116M.07, 
subdivision 14, are repealed. 
    Sec. 45.  [INSTRUCTIONS TO REVISOR.] 
    The revisor of statutes is directed to change the words 
"agency" and "pollution control agency" wherever they appear in 
sections 115A.90 to 115A.914 to "board" in Minnesota Statutes 
1988. 
    Sec. 46.  [EFFECTIVE DATE.] 
    Sections 14, 15, 22, 23, 29, 31 to 34, 37, 40, 41, and 43 
are effective the day following final enactment.  Section 26, 
subdivision 2, is effective July 1, 1989.  Section 28 is 
effective April 1, 1989.  Section 35 is effective July 1, 1988. 
    Approved April 28, 1988