Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1988, Regular Session
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
Official Publication of the State of Minnesota
Revisor of Statutes