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Minnesota Legislature

Office of the Revisor of Statutes

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

  

                         Laws of Minnesota 1989 

                        CHAPTER 325-S.F.No. 530 
           An act relating to waste management; defining waste 
          reduction; extending the expiration date of waste 
          advisory councils; authorizing counties to designate 
          waste to landfills; requiring financial reports from 
          landfills; clarifying the limits of political 
          subdivision liability for superfund cleanup at 
          landfills; authorizing the pollution control agency to 
          acquire interests in real estate necessary for 
          superfund; authorizing superfund to reimburse 
          political subdivisions for costs incurred in 
          responding to emergency releases of hazardous 
          materials; making claims for injuries due to petroleum 
          contamination eligible for compensation by the harmful 
          substance compensation fund; authorizing transfer of 
          money from the petroleum tank release cleanup fund; 
          altering the metropolitan council's authority for 
          solid waste planning; raising the solid waste disposal 
          fee in the metropolitan area; clarifying the 1990 ban 
          on disposal of unprocessed waste in the metropolitan 
          area; extending the date until which metalcasters are 
          not liable for payment of solid waste generator fees; 
          requiring a study of solid waste management district 
          legislation; appropriating money; amending Minnesota 
          Statutes 1988, sections 115A.01; 115A.02; 115A.03, by 
          adding a subdivision; 115A.12, subdivision 1; 115A.14, 
          subdivision 2; 115A.46, subdivision 2; 115A.54, 
          subdivision 2a; 115A.80; 115A.81, subdivision 2; 
          115A.83; 115A.84; 115A.85, subdivision 2; 115A.86, 
          subdivisions 3 and 5; 115A.893; 115A.906, by adding a 
          subdivision; 115A.919; 115A.921; 115A.94, by adding 
          subdivisions; 115B.04, subdivision 4; 115B.17, by 
          adding a subdivision; 115B.20, subdivision 2; 115B.25, 
          subdivisions 1, 2, 7, and by adding subdivisions; 
          115B.26; 115B.27, subdivision 1; 115B.28, subdivision 
          2; 115B.29, subdivision 1; 115B.30, subdivision 3; 
          115B.34, subdivision 2; 115C.08, subdivision 4, and by 
          adding a subdivision; 116.07, by adding a subdivision; 
          400.04, subdivision 3; 466.04, subdivision 1; 473.149, 
          subdivisions 2d and 2e, and by adding a subdivision; 
          473.803, by adding a subdivision; 473.811, subdivision 
          4; 473.823, subdivision 3; 473.831, subdivision 2; 
          473.833, subdivisions 2 and 2a; 473.843, subdivisions 
          1 and 2; 473.844, subdivision 1a; 473.8441, 
          subdivision 5; 473.845, subdivisions 1 and 2; and 
          473.848; Laws 1984, chapter 644, section 85, as 
          amended; proposing coding for new law in Minnesota 
          Statutes, chapter 115A; repealing Minnesota Statutes 
          1988, sections 115A.98; and 115B.29, subdivision 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, section 115A.01, is 
amended to read: 
    115A.01 [CITATION.] 
    Sections 115A.01 to 115A.72 Chapter 115A shall be known as 
the waste management act of 1980. 
    Sec. 2.  Minnesota Statutes 1988, section 115A.02, is 
amended to read: 
    115A.02 [LEGISLATIVE DECLARATION OF POLICY; PURPOSES.] 
    (a) It is the goal of sections 115A.01 to 115A.72 this 
chapter to improve waste management in the state to serve the 
following purposes:  
    (a) (1) Reduction in waste generated; 
    (b) (2) Separation and recovery of materials and energy 
from waste; 
    (c) (3) Reduction in indiscriminate dependence on disposal 
of waste; 
    (d) (4) Coordination of solid waste management among 
political subdivisions; and 
    (e) (5) Orderly and deliberate development and financial 
security of waste facilities including disposal facilities. 
    (b) The waste management goal of the state is to foster an 
integrated waste management system in a manner appropriate to 
the characteristics of the waste stream.  The following waste 
management practices are in order of preference: 
    (1) waste reduction and reuse; 
    (2) waste recycling and yard waste composting; 
    (3) resource recovery through mixed municipal solid waste 
composting or incineration; and 
    (4) land disposal. 
    Sec. 3.  Minnesota Statutes 1988, section 115A.03, is 
amended by adding a subdivision to read: 
    Subd. 36a.  [WASTE REDUCTION.] "Waste reduction" means an 
activity that prevents generation of waste including reusing a 
product in its original form, increasing the life span of a 
product, reducing material used in production or packaging, or 
changing procurement, consumption, or waste generation habits to 
result in smaller quantities of waste generated. 
    Sec. 4.  Minnesota Statutes 1988, section 115A.12, 
subdivision 1, is amended to read:  
    Subdivision 1.  [SOLID AND HAZARDOUS WASTE MANAGEMENT.] (a) 
The chair of the board shall establish a solid waste management 
advisory council and, a hazardous waste management planning 
council, and a market development coordinating council, that are 
broadly representative of the geographic areas and interests of 
the state.  The councils shall have not less than nine nor more 
than 18 members each.  
     (b) The membership of the solid waste council shall consist 
of one-third citizen representatives, one-third representatives 
from local government units, and one-third representatives from 
private solid waste management firms.  The solid waste council 
shall contain at least one member experienced in each of the 
following areas:  state and municipal finance; solid waste 
collection, processing, and disposal; and solid waste reduction 
and resource recovery. 
    (c) The membership of the hazardous waste advisory council 
shall consist of one-third citizen representatives, one-third 
representatives from local government units, and one-third 
representatives of hazardous waste generators and private 
hazardous waste management firms.  
    (d) The market development coordinating council shall 
consist of one representative from the department of trade and 
economic development, the department of administration, the 
pollution control agency, the Greater Minnesota Corporation, the 
metropolitan council, and the legislative commission on waste 
management.  The other members shall represent local government 
units, private recycling markets, and private recycling 
collectors.  The market development coordinating council expires 
June 30, 1994. 
    (e) The chairs of the advisory councils shall be appointed 
by the chair of the board.  The chair of the board shall provide 
administrative and staff services for the advisory councils.  
The advisory councils shall have such duties as are assigned by 
law or the chair of the board.  The solid waste advisory council 
shall make recommendations to the board on its solid waste 
management activities.  The hazardous waste advisory council 
shall make recommendations to the board on its activities under 
sections 115A.08, 115A.09, 115A.10, 115A.11, 115A.20, 115A.21, 
and 115A.24.  Members of the advisory councils shall serve 
without compensation but shall be reimbursed for their 
reasonable expenses as determined by the chair of the board.  
The solid waste management advisory council and the hazardous 
waste management planning council expire as provided in section 
15.059, subdivision 5 June 30, 1994. 
    Sec. 5.  Minnesota Statutes 1988, section 115A.14, 
subdivision 2, is amended to read:  
    Subd. 2.  [STAFF.] The commission is authorized, without 
regard to the civil service laws and rules, to appoint and fix 
the compensation of such additional legal and other personnel 
and consultants as may be necessary to enable it to carry out 
its functions, or to contract for services to supply necessary 
data, except that any state employees subject to the civil 
service laws and rules who may be assigned to the commission 
shall retain civil service status without interruption or loss 
of status or privilege.  The staff shall be hired and supervised 
for the commission by the executive director of the legislative 
commission on Minnesota resources.  
    Sec. 6.  Minnesota Statutes 1988, section 115A.46, 
subdivision 2, is amended to read: 
    Subd. 2.  [CONTENTS.] (a) The plans shall describe existing 
collection, processing, and disposal systems, including 
schedules of rates and charges, financing methods, environmental 
acceptability, and opportunities for improvements in the systems.
    (b) The plans shall include an estimate of the land 
disposal capacity in acre-feet which will be needed through the 
year 2000, on the basis of current and projected waste 
generation practices.  In assessing the need for additional 
capacity for resource recovery or land disposal, the plans shall 
take into account the characteristics of waste stream components 
and shall give priority to waste reduction, separation, and 
recycling.  
    (c) The plans shall require the most feasible and prudent 
reduction of the need for and practice of land disposal of mixed 
municipal solid waste.  
    (d) The plans shall address at least waste reduction, 
separation, recycling, and other resource recovery options, and 
shall include specific and quantifiable objectives, immediately 
and over specified time periods, for reducing the land disposal 
of mixed municipal solid waste and for the implementation of 
feasible and prudent reduction, separation, recycling, and other 
resource recovery options.  These objectives shall be consistent 
with statewide objectives as identified in statute.  The plans 
shall describe specific functions to be performed and activities 
to be undertaken to achieve the abatement, reduction, 
separation, recycling, and other resource recovery objectives 
and shall describe the estimated cost, proposed manner of 
financing, and timing of the functions and activities.  
    (e) The plans shall include a comparison of the costs of 
the activities to be undertaken, including capital and operating 
costs, and the effects of the activities on the cost to 
generators and on persons currently providing solid waste 
collection, processing, and disposal services.  The plans shall 
include alternatives which could be used to achieve the 
abatement objectives if the proposed functions and activities 
are not established.  
    (f) The plans shall designate how public education shall be 
accomplished.  The plans shall, to the extent practicable and 
consistent with the achievement of other public policies and 
purposes, encourage ownership and operation of solid waste 
facilities by private industry.  For solid waste facilities 
owned or operated by public agencies or supported primarily by 
public funds or obligations issued by a public agency, the plans 
shall include criteria and standards to protect comparable 
private and public facilities already existing in the area from 
displacement unless the displacement is required in order to 
achieve the waste management objectives identified in the plan.  
    (g) The plans shall establish a siting procedure and 
development program to assure the orderly location, development, 
and financing of new or expanded solid waste facilities and 
services sufficient for a prospective ten-year period, including 
estimated costs and implementation schedules, proposed 
procedures for operation and maintenance, estimated annual costs 
and gross revenues, and proposals for the use of facilities 
after they are no longer needed or usable.  
    (h) The plans shall describe existing and proposed county 
and municipal ordinances and license and permit requirements 
relating to solid waste management and shall describe existing 
and proposed regulation and enforcement procedures. 
    Sec. 7.  Minnesota Statutes 1988, section 115A.54, 
subdivision 2a, is amended to read: 
    Subd. 2a.  [SOLID WASTE MANAGEMENT PROJECTS.] (a) The board 
shall provide technical and financial assistance for the 
acquisition and betterment of solid waste management projects as 
provided in this subdivision and section 115A.52.  Money 
appropriated for the purposes of this subdivision must be 
distributed as grants. 
    (b) Except as provided in paragraph (c), a project may 
receive grant assistance up to 25 percent of the capital cost of 
the project or $2,000,000, whichever is less.  
    (c) A recycling project or a project to compost or 
co-compost waste may receive grant assistance up to 50 percent 
of the capital cost of the project or $2,000,000, whichever is 
less. 
    (d) Notwithstanding paragraph (e), the agency may award 
grants for transfer stations that will initially transfer waste 
to landfills if the transfer stations are part of a planned 
resource recovery project, the county where the planned resource 
recovery facility will be located has a comprehensive solid 
waste management plan approved by the agency, and the solid 
waste management plan proposes the development of the resource 
recovery facility.  If the proposed resource recovery facility 
is not in place and operating within five years of the date of 
the grant award, the recipient shall repay the grant amount to 
the state. 
    (e) Projects without resource recovery are not eligible for 
assistance. 
    (e) (f) In addition to any assistance received under clause 
(b) or (c), a project may receive grant assistance for the cost 
of tests necessary to determine the appropriate pollution 
control equipment for the project or the environmental effects 
of the use of any product or material produced by the project. 
    (f) (g) In addition to the application requirements of 
section 115A.51, an application for a project serving eligible 
jurisdictions in only a single county must demonstrate that 
cooperation with jurisdictions in other counties to develop the 
project is not needed or not feasible.  Each application must 
also demonstrate that the project is not financially prudent 
without the state assistance, because of the applicant's 
financial capacity and the problems inherent in the waste 
management situation in the area, particularly transportation 
distances and limited waste supply and markets for resources 
recovered.  
    (g) (h) For the purposes of this subdivision, a "project" 
means a processing facility, together with any transfer 
stations, transmission facilities, and other related and 
appurtenant facilities primarily serving the processing 
facility.  The board shall adopt rules for the program by July 
1, 1985.  
    Sec. 8.  [115A.556] [MATERIALS USED FOR RECYCLING.] 
    Materials and products used for recycling such as 
containers, receptacles, and storage bins with short life cycles 
must be recyclable and made at least in part from recycled 
materials from this state, if available. 
    Sec. 9.  Minnesota Statutes 1988, section 115A.80, is 
amended to read:  
    115A.80 [DESIGNATION OF RESOURCE RECOVERY SOLID WASTE 
MANAGEMENT FACILITIES; PURPOSE.] 
    In order to further the state policies and purposes 
expressed in section 115A.02, and to advance the public purposes 
served by resource recovery effective solid waste management, 
the legislature finds and declares that it may be necessary 
pursuant to sections 115A.80 to 115A.89 to authorize a 
qualifying solid waste management district or county to 
designate a resource recovery solid waste processing or disposal 
facility.  
    Sec. 10.  Minnesota Statutes 1988, section 115A.81, 
subdivision 2, is amended to read:  
    Subd. 2.  [DESIGNATION.] "Designation" means a requirement 
by a waste management district or county that all or any portion 
of the mixed municipal solid waste that is generated within its 
boundaries or any service area thereof be delivered to 
a resource recovery processing or disposal facility identified 
by the district or county. 
    Sec. 11.  Minnesota Statutes 1988, section 115A.83, is 
amended to read:  
    115A.83 [EXEMPTION.] 
    The designation may not apply to or include:  
    (1) materials that are separated from solid waste and 
recovered for reuse in their original form or for use in 
manufacturing processes; or 
    (2) materials that are processed at another a resource 
recovery facility at the capacity in operation at the time that 
the designation plan is approved by the reviewing authority. 
    Sec. 12.  Minnesota Statutes 1988, section 115A.84, is 
amended to read:  
    115A.84 [DESIGNATION PLAN.] 
    Subdivision 1.  [REQUIREMENT.] Before commencing the 
designation procedure under section 115A.85, the district or 
county shall adopt a comprehensive solid waste management plan 
or, under chapter 473, a master plan.  The comprehensive or 
master plan must include county or district shall then submit a 
plan for designation to be approved under this section.  A 
county's or district's designation plan must be consistent with 
its solid waste management plan or master plan and with 
statewide and regional waste management goals.  
    Subd. 2.  [DESIGNATION; PLAN CONTENTS.] (a) The designation 
plan must evaluate:  
    (1) the benefits of the designation, including the public 
purposes achieved by the conservation and recovery of resources, 
the furtherance of local and any district or regional waste 
management plans and policies, and the furtherance of the state 
policies and purposes expressed in section 115A.02; and 
    (2) the estimated costs of the designation, including the 
direct capital, operating, and maintenance costs of the facility 
designated, the indirect costs, and the long-term effects of the 
designation.  
    (b) In particular the designation plan must evaluate:  
    (1) whether the designation will result in the recovery of 
resources or energy from materials which would otherwise be 
wasted; 
    (2) whether the designation will lessen the demand for and 
use of indiscriminate land disposal; 
    (3) whether the designation is necessary for the financial 
support of the facility; 
    (4) whether less restrictive methods for ensuring an 
adequate solid waste supply are available; and 
    (5) other feasible and prudent waste processing management 
alternatives for accomplishing the purposes of the proposed 
designation, the direct and indirect costs of the alternatives, 
including capital and operating costs, and the effects of the 
alternatives on the cost to generators; and 
    (6) whether the designation takes into account and promotes 
local, regional, and state waste management goals. 
    (c) When the plan proposes designation to disposal 
facilities, the designation plan must also evaluate: 
    (1) whether the disposal facility is part of an integrated 
waste management system involving a processing facility and the 
designation is necessary for the financial support of the 
processing facility; 
    (2) whether the designation will better serve to protect 
public health and safety; 
    (3) the impacts on other disposal facilities inside and 
outside the area; 
    (4) whether the designation is necessary to promote 
regional waste management programs and cooperation; and 
    (5) the extent to which the design and operation of the 
disposal facility protects the environment including whether it 
is permitted under current agency rules and whether any portion 
of the facility's site is listed under section 115B.17, 
subdivision 13. 
     (d) When the plan proposes designation to a disposal 
facility, mixed municipal solid waste that is subject to a 
contract between a hauler and a different facility that is in 
effect on the date notice is given under section 115A.85, 
subdivision 2, is not subject to the designation during the 
contract period. 
    Subd. 3.  [PLAN APPROVAL.] (a) A district or county 
planning a designation for waste generated wholly within the 
metropolitan area defined in section 473.121 shall submit its 
designation plan to the metropolitan council for review and 
approval or disapproval.  Other districts or counties shall 
submit the designation plan to the waste management board for 
review and approval or disapproval.  
     (b) The reviewing authority shall complete its review and 
make its decision within 120 days following submission of the 
plan for review.  The reviewing authority shall approve the 
designation plan if the plan satisfies the requirements of 
subdivision 2 and, in the case of designation to disposal 
facilities, if the reviewing authority finds that the plan has 
demonstrated that the designation is necessary and is consistent 
with section 115A.02.  The reviewing authority may attach 
conditions to its approval that relate to matters required in a 
designation ordinance under section 115A.86, subdivision 1, 
paragraph (a), clauses (1) to (4), and paragraph (b).  
Amendments to plans must be submitted for review in accordance 
with this subdivision.  
    Subd. 4.  [EXCLUSION OF CERTAIN MATERIALS.] (a) When it the 
reviewing authority approves the designation plan the reviewing 
authority it shall exclude from the designation materials that 
the reviewing authority determines will be processed at another 
a resource recovery facility separate from the designated 
facility if: 
    (1) the other resource recovery facility requesting the 
exclusion is substantially completed or will be substantially 
completed within 18 months of the time that the designation plan 
is approved by the reviewing authority; and 
    (2) the other facility requesting the exclusion has or will 
have contracts for purchases of its product; and 
    (3) the materials are or will be under contract for 
delivery to the other facility requesting the exclusion at the 
time the other that facility is completed.  
    (b) In order to qualify for the exclusion of materials 
under this subdivision, the operator or owner of the other 
resource recovery facility requesting the exclusion shall file 
with the reviewing authority and the district or county or 
counties a written description of the facility, its intended 
location, its waste supply sources, purchasers of its products, 
its design capacity and other information that the reviewing 
authority and the district or county or counties may reasonably 
require.  The information must be filed as soon as it becomes 
available but not later than 30 days following the date when the 
county or district submits its designation plan for approval.  
    (c) The reviewing authority may revoke the exclusion 
granted under this subdivision when it approves the designation 
ordinance under section 115A.86 if in its judgment the excluded 
materials will not be processed at the other facility. 
    Sec. 13.  Minnesota Statutes 1988, section 115A.85, 
subdivision 2, is amended to read:  
    Subd. 2.  [HEARING.] (a) The district or county shall hold 
a public hearing to take testimony on the designation.  Notice 
of the hearing must be: 
     (1) published in a newspaper of general circulation in the 
area for two successive weeks ending at least 15 days before the 
date of the hearing; and must be 
     (2) mailed to political subdivisions, landfill processing 
and disposal facility operators, and licensed solid waste 
collectors who may be expected to use the facility.  
     (b) The notification must:  
     (1) describe the area in which the designation will apply 
and the plans for the use of the solid waste; 
     (2) specify the point or points of delivery of the solid 
waste; 
     (3) estimate the types and quantities of solid waste 
subject to the designation; and 
     (4) estimate the fee to be charged for the use of the 
facilities and for any products of the facilities.  
     (c) A designation or contract for use is not invalid by 
reason of the failure of the district or county to provide 
written notice to an entity listed in this subdivision.  
    Sec. 14.  Minnesota Statutes 1988, section 115A.86, 
subdivision 3, is amended to read:  
    Subd. 3.  [IMPLEMENTATION.] The designation may not be 
placed into effect no less than before 60 days following after 
the approval required in subdivision 2.  The effective date of 
the designation must be specified at least 60 days in advance.  
If the designation is not placed into effect within two years of 
approval, the designation must be resubmitted to the reviewing 
authority for approval or disapproval under subdivision 2, 
unless bonds have been issued to finance the resource recovery 
facility to which the designation applies.  
    Sec. 15.  Minnesota Statutes 1988, section 115A.86, 
subdivision 5, is amended to read:  
    Subd. 5.  [AMENDMENTS.] (a) Amendments to a designation 
ordinance must be submitted to the reviewing authority for 
approval.  The reviewing authority shall approve the amendment 
if the amendment is in the public interest and in furtherance of 
the state policies and purposes expressed in section 115A.02.  
If the reviewing authority finds that the proposed amendment is 
a substantive change from the existing designation plan, the 
reviewing authority may require that the county or solid waste 
management district submit a revised designation plan to the 
reviewing authority for approval.  After receiving approval for 
the designation plan amendment from the reviewing authority, the 
county or district shall follow the procedure outlined in 
section 115A.85 prior to submitting the amended designation 
ordinance to the reviewing authority for approval.  If the 
reviewing authority does not act within 90 days after receiving 
the proposed amendment to the designation ordinance, the 
amendment is approved. 
     (b) Prior to amending an ordinance to designate solid waste 
to a disposal facility, a county or district shall submit an 
amended designation plan to the reviewing authority for 
approval, and shall follow the procedures outlined in section 
115A.85.  
    Sec. 16.  Minnesota Statutes 1988, section 115A.893, is 
amended to read:  
    115A.893 [PETITION FOR EXCLUSION.] 
    Subdivision 1.  [PETITION FOR EXCLUSION.] Any person 
proposing to own or operate a resource recovery processing 
facility using waste materials subject to a designation 
ordinance may petition the waste district or county for 
exclusion of the materials from the designation ordinance.  In 
order to qualify for the exclusion of materials under this 
section, the petitioner shall submit with the petition a written 
description of the proposed facility, its intended location, its 
waste supply sources, purchasers of its products, its design 
capacity, and other information that the district or county may 
reasonably require.  
     Subd. 2.  [DECISION.] The district or county, after 
appropriate notice and hearing, shall issue a written decision 
with findings of fact and conclusions on all material issues.  
The district or county shall grant the petition if it determines 
that:  
    (a) (1) the materials will be processed at the resource 
recovery facility,; and 
    (b) (2) the exclusion can be implemented without impairing 
the financial viability of the designated facility or impairing 
contractual obligations or preventing the performance of 
contracts by the facility owner or operator, the district or 
county, or users of the facility.  
     Subd. 3.  [APPEAL OF DECISION.] Any A person aggrieved by 
the decision of the district or county may appeal to the 
reviewing authority.  The review is confined to the record.  The 
decision of the reviewing authority must be based on the 
standards stated in this section.  
     Subd. 4.  [CONFORMANCE OF DESIGNATION ORDINANCE.] If the 
reviewing authority approves the petition, the designation 
ordinance must be amended in conformance with the decision of 
the reviewing authority.  The petition may be amended during the 
proceedings by agreement between the petitioner and the district 
or county. 
    Sec. 17.  Minnesota Statutes 1988, section 115A.906, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [EMERGENCY ABATEMENT.] (a) The commissioner may 
take emergency action to abate a waste tire nuisance without 
following the procedures of subdivision 2 if the commissioner 
determines that the nuisance constitutes a clear and immediate 
danger of uncontrollable fire or other hazard requiring 
immediate action to prevent, minimize, or mitigate damage to the 
public health and welfare or the environment.  
     (b) Before taking an action under this subdivision, the 
commissioner shall make all reasonable efforts, taking into 
account the urgency of the situation and any historical pattern 
of responses by the tire collector to any past problems or 
abatement orders, to follow as much of the procedure in 
subdivision 2 as is practical.  
    (c) Emergency action under this subdivision may include all 
of the activities authorized for an abatement order. 
     Sec. 18.  Minnesota Statutes 1988, 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 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 recycling facilities at which recyclable 
materials are separated or processed for the purpose of 
recycling, or 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. 19.  Minnesota Statutes 1988, 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 35 cents $1 
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.  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 the 
balance of the fee may be used for any general fund purpose.  
Waste residue from recycling facilities at which recyclable 
materials are separated or processed for the purpose of 
recycling, or 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. 20.  [115A.922] [DEFINITIONS.] 
    Subdivision 1.  [APPLICABILITY.] The definitions in this 
section apply to sections 20 to 25. 
    Subd. 2.  [CLOSURE.] "Closure" means actions that will 
prevent, mitigate, or minimize the threat to public health and 
the environment posed by a closed solid waste disposal facility 
including application of final cover; grading and seeding of 
final cover; installation of an adequate monitoring system, if 
necessary; and construction of ground and surface water 
diversion structures. 
    Subd. 3.  [MIXED MUNICIPAL SOLID WASTE DISPOSAL FACILITY.] 
"Mixed municipal solid waste disposal facility" means a waste 
facility used for the disposal of mixed municipal solid waste.  
    Subd. 4.  [OPERATOR.] "Operator" means:  
    (1) the permittee of a mixed municipal solid waste disposal 
facility that has an agency permit; or 
    (2) the person in control of a mixed municipal solid waste 
disposal facility that does not have an agency permit.  
    Subd. 5.  [POSTCLOSURE, POSTCLOSURE CARE.] "Postclosure" 
and "postclosure care" mean actions taken for the care, 
long-term maintenance, and monitoring of a solid waste disposal 
facility after closure that will prevent, mitigate, or minimize 
the threat to public health and environment posed by the closed 
facility. 
    Subd. 6.  [RESPONSE.] "Response" has the meaning given it 
in section 115B.02, subdivision 18.  
    Subd. 7.  [SOLID WASTE DISPOSAL FACILITY.] "Solid waste 
disposal facility" means a waste facility which is used for the 
disposal of solid waste.  
    Sec. 21.  [115A.923] [GREATER MINNESOTA LANDFILL CLEANUP 
FEE.] 
    Subdivision 1.  [AMOUNT OF FEE.] (a) The operator of a 
mixed municipal solid waste disposal facility outside of the 
metropolitan area shall pay a fee on solid waste accepted and 
disposed of at the facility as follows:  
    (1) a facility that weighs the waste that it accepts must 
pay a fee of $2 per cubic yard based on equivalent cubic yards 
of waste accepted at the entrance of the facility; 
    (2) a facility that does not weigh the waste but that 
measures the volume of the waste that it accepts must pay a fee 
of $2 per cubic yard of waste accepted at the entrance of the 
facility; and 
    (3) waste residue from recycling facilities at which 
recyclable materials are separated or processed for the purpose 
of recycling, or 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 is exempt from the fee imposed 
by this subdivision if there is at least an 85 percent volume 
reduction in the solid waste processed.  
    (b) To qualify for exemption under paragraph (a), clause 
(3), waste residue must be brought to a disposal facility 
separately.  The commissioner of revenue, with the advice and 
assistance of the agency, shall prescribe procedures for 
determining the amount of waste residue qualifying for exemption.
    Subd. 2.  [DISPOSITION OF PROCEEDS.] After reimbursement to 
the department of revenue for costs incurred in administering 
this section, the proceeds of the fees imposed under this 
section, including interest and penalties, must be deposited as 
follows:  
    (1) three-quarters of the proceeds must be deposited in the 
greater Minnesota landfill maintenance fund; and 
    (2) one-quarter of the proceeds must be deposited in the 
greater Minnesota landfill contingency action fund.  
    Subd. 3.  [PAYMENT OF FEE.] On or before the 20th day of 
each month each operator shall pay the fee due under this 
section for the previous month, using a form provided by the 
commissioner of revenue.  
    Subd. 4.  [EXCHANGE OF INFORMATION.] Notwithstanding the 
provisions of section 116.075, the agency may provide the 
commissioner of revenue with the information necessary for the 
enforcement of this section.  Information disclosed in a return 
filed under this section is public information.  Information 
exchanged between the commissioner and the agency is public 
unless the information is of the type determined to be for the 
confidential use of the agency under section 116.075 or is trade 
secret information classified under section 13.37.  Information 
obtained in the course of an audit by the department of revenue 
is private or nonpublic data to the extent that it would not be 
directly divulged in a return.  
    Subd. 5.  [PENALTIES AND ENFORCEMENT.] The audit, penalty, 
and enforcement provisions applicable to taxes imposed under 
chapter 290 apply to the fees imposed under this section.  The 
commissioner of revenue shall administer and enforce the 
provisions.  
    Subd. 6.  [RULES.] The commissioner of revenue may adopt 
rules necessary to implement this section.  
    Sec. 22.  [115A.924] [GREATER MINNESOTA LANDFILL 
MAINTENANCE FUND.] 
    Subdivision 1.  [ESTABLISHMENT.] The greater Minnesota 
landfill maintenance fund is established as an account in the 
state treasury to assist counties and sanitary districts with 
authority to regulate solid waste with landfill maintenance 
responsibilities, including closure and postclosure care.  The 
fund consists of revenue deposited in the fund under section 21, 
subdivision 2, clause (1), and interest earned on investment of 
money in the fund.  
    Subd. 2.  [USE OF FUNDS.] The money in the greater 
Minnesota landfill maintenance fund may be spent only for 
landfill maintenance assistance related to closure and 
postclosure activities to counties and sanitary districts with 
authority to regulate solid waste outside of the metropolitan 
area that: 
    (1) host, or have hosted, solid waste disposal facilities 
or are responsible for landfill maintenance expenditures under a 
joint powers agreement; and 
    (2) have incurred or will incur expenses relating to 
closure and postclosure activities.  
    Subd. 3.  [DISTRIBUTION OF FUNDS.] The commissioner of 
revenue shall distribute the funds to counties and sanitary 
districts with authority to regulate solid waste qualifying 
under subdivision 2.  Of the amount in the fund:  
    (1) 50 percent must be distributed based on a qualifying 
county's population; and 
    (2) 50 percent must be distributed based on a qualifying 
county's share of mixed municipal solid waste disposal 
facilities.  
    Subd. 4.  [COUNTY REPORTING REQUIREMENT.] A county that 
receives money from the greater Minnesota landfill maintenance 
fund shall submit to the agency a fiscal report on the county's 
use of the funds.  The fiscal report must be submitted by the 
end of the first quarter of each even-numbered year.  The fiscal 
report must describe separately the fiscal activities of the 
previous two years.  
    Sec. 23.  [115A.925] [GREATER MINNESOTA LANDFILL 
CONTINGENCY ACTION FUND.] 
    Subdivision 1.  [ESTABLISHMENT.] The greater Minnesota 
landfill contingency action fund is established as an account in 
the state treasury.  The fund consists of:  
    (1) revenue deposited in the fund under section 21, 
subdivision 2, clause (2); 
    (2) amounts recovered under subdivision 6; and 
    (3) interest earned on investment of money in the fund.  
    Subd. 2.  [EXPENDITURES FROM THE FUND.] Money in the 
greater Minnesota landfill contingency action 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 outside of 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; and 
    (2) reasonable and necessary response and postclosure costs 
at a mixed municipal solid waste disposal facility outside of 
the metropolitan area that has been closed for 20 years in 
compliance with the closure and postclosure rules of the agency. 
    Subd. 3.  [COMMISSION RECOMMENDATION.] The legislative 
commission on waste management shall make recommendations to the 
standing legislative committees on finance and appropriations 
about appropriations from the fund.  
    Subd. 4.  [DUTY TO PROVIDE INFORMATION.] The operator or 
owner of a mixed municipal solid waste disposal facility or a 
solid waste disposal facility shall provide the necessary 
information to the agency required by sections 20 to 25 or by 
agency rules.  
    Subd. 5.  [ACCESS TO INFORMATION AND PROPERTY.] The 
commissioner of the pollution control agency or a member, 
employee, or agent of the agency authorized by the agency, upon 
presentation of credentials, may:  
    (1) examine and copy any books, papers, records, memoranda, 
or data of any person who has a duty to provide information to 
the agency under sections 20 to 25; and 
    (2) enter upon any property, public or private, for the 
purpose of taking an action authorized by this section including 
obtaining information from a person who has a duty to provide 
the information, conducting surveys or investigations, and 
taking response action.  
    Subd. 6.  [RECOVERY OF EXPENSES.] If the agency incurs 
expenses for response actions at a facility, the agency is 
subrogated to any right of action that the operator or owner of 
the facility may have against any other person for the recovery 
of the expenses.  The attorney general may bring an action to 
recover amounts spent by the agency under this section from 
persons who may be liable for them.  Amounts recovered, 
including money paid under any agreement, stipulation, or 
settlement must be credited to the greater Minnesota landfill 
contingency action fund.  
    Subd. 7.  [CIVIL PENALTIES.] A person who violates this 
section is subject to the civil penalties of section 115.071.  
All money recovered by the state under any statute or rule 
related to the regulation of solid waste outside of the 
metropolitan area, including civil penalties and money paid 
under any agreement, stipulation, or settlement, shall be 
credited to the greater Minnesota landfill contingency action 
fund.  
    Sec. 24.  [115A.927] [REPORT TO THE LEGISLATURE.] 
    By July 1 of each even-numbered year, the agency shall 
report to the legislative commission on waste management, the 
house of representatives appropriations committee, and the 
senate finance committee on the activities for which money from 
the greater Minnesota landfill maintenance fund and the greater 
Minnesota landfill contingency action fund has been spent during 
the previous two years.  
    Sec. 25.  [115A.928] [OPERATOR OR OWNER LIABILITY FOR 
RESPONSE EXPENSES.] 
    The operator or owner of a mixed municipal solid waste 
disposal facility is not liable under any other law for response 
costs incurred by the agency at that facility under section 23, 
if the facility has been closed for 20 years in compliance with 
the closure and postclosure rules of the agency.  A provision of 
this section that relieves the operator or owner of a facility 
from liability for the payment of the agency's response costs 
must not be construed to affect the liability of any other 
person who may be liable for those costs.  
    Sec. 26.  Minnesota Statutes 1988, section 115A.94, is 
amended by adding a subdivision to read: 
    Subd. 6.  [ORGANIZED COLLECTION NOT REQUIRED OR PREVENTED.] 
Except as provided in subdivision 5, a city, town, or county is 
not: 
    (1) required to organize collection; or 
    (2) prevented from organizing collection of solid waste or 
recyclable material.  
    Sec. 27.  Minnesota Statutes 1988, section 115A.94, is 
amended by adding a subdivision to read: 
    Subd. 7.  [ANTICOMPETITIVE CONDUCT.] (a) A political 
subdivision that organizes collection under this section is 
authorized to engage in anticompetitive conduct to the extent 
necessary to plan and implement its chosen organized collection 
system and is immune from liability under state laws relating to 
antitrust, restraint of trade, unfair trade practices, and other 
regulation of trade or commerce. 
    (b) An organization of solid waste collectors, an 
individual collector, and their officers, members, employees, 
and agents who cooperate with a political subdivision that 
organizes collection under this section are authorized to engage 
in anticompetitive conduct to the extent necessary to plan and 
implement the organized collection system, provided that the 
political subdivision actively supervises the participation of 
each entity.  An organization, entity, or person covered by this 
paragraph is immune from liability under state law relating to 
antitrust, restraint of trade, unfair trade practices, and other 
regulation of trade or commerce.  
    Sec. 28.  [115A.981] [SOLID WASTE DISPOSAL FACILITIES 
ANNUAL REPORTING.] 
    Subdivision 1.  [RECORDKEEPING REQUIREMENTS.] The owner or 
operator of a solid waste disposal facility must maintain the 
records necessary to comply with the requirements of subdivision 
2.  
    Subd. 2.  [ANNUAL REPORTING.] (a) The owner or operator of 
a solid waste disposal facility must:  
    (1) submit an annual report to the agency under section 
115A.32; 
    (2) annually certify that it has established financial 
assurance for closure, postclosure care, and corrective action 
at the facility by using one or more of the financial assurance 
mechanisms specified by rule; and 
    (3) file a fee schedule with the agency with the annual 
report.  
    (b) The fee schedule must list all tipping fees, rates, 
charges, surcharges, and any other fees charged by each 
classification of customer.  The agency may suspend the 
operation of a disposal facility whose permittee fails to file 
the information required under this subdivision.  The owner or 
operator of a facility may not increase fees until 30 days after 
the owner or operator has submitted a fee schedule amendment to 
the agency.  
    Subd.  3.  [AGENCY REPORT.] The agency shall report to the 
legislative commission on waste management by July 1 of each 
year on the viability of the state's waste processing and 
disposal capability, the status of competitive forces in the 
market including recycling, composting, waste reduction and 
incineration, the extent to which existing fees for services are 
sufficient for facility development, engineering, environmental 
and safety factors, the progress of the industry in meeting the 
state's waste management goals, and recommendations for 
regulations to ensure protection of human health and the 
environment.  In preparing the report, the agency shall consider 
information received under subdivision 2. 
    Sec. 29.  Minnesota Statutes 1988, section 115B.04, 
subdivision 4, is amended to read:  
    Subd. 4.  [LIABILITY OF POLITICAL SUBDIVISIONS.] (a) The 
liability of a political subdivision under this section is 
subject to the limits imposed under section 466.04, subdivision 
1, except when the political subdivision is liable under this 
section as the owner or operator of a disposal facility as 
defined in section 115A.03, subdivision 10.  
     (b) When a political subdivision is liable as an owner or 
operator of a disposal facility, the liability of each political 
subdivision is limited to $400,000 at each facility unless the 
facility was owned or operated under a valid joint powers 
agreement by three or more political subdivisions, in which case 
the aggregate liability of all political subdivisions that are 
parties to the joint powers agreement is limited to $1,200,000.  
     (c) The limits on the liability of a political subdivision 
for ownership or operation of a disposal facility apply to the 
costs of remedial action incurred between the date a request for 
response action is issued by the agency and the date one year 
after the construction certificate of completion is approved by 
the commissioner, excluding costs incurred during negotiation of 
a consent order agreement. 
    (d) When a political subdivision takes remedial action as 
the owner or operator of a disposal facility between the dates 
in paragraph (c), it may receive, after approval by the agency, 
reimbursement of any amount spent pursuant to an approved work 
plan that exceeds the applicable liability limit specified in 
this subdivision. 
    Sec. 30.  Minnesota Statutes 1988, section 115B.17, is 
amended by adding a subdivision to read: 
    Subd. 15.  [ACQUISITION OF PROPERTY.] The agency may 
acquire, by purchase or donation, an interest in real property, 
including easements and leases, that the agency determines is 
necessary for response action.  The agency may acquire an 
easement by condemnation only if the agency is unable, after 
reasonable efforts, to acquire an interest in real property by 
purchase or donation.  The provisions of chapter 117 govern 
condemnation proceedings by the agency under this subdivision.  
A donation of an interest in real property to the agency is not 
effective until the agency executes a certificate of 
acceptance.  The state is not liable under this chapter solely 
as a result of acquiring an interest in real property under this 
subdivision. 
    Sec. 31.  Minnesota Statutes 1988, section 115B.20, 
subdivision 2, is amended to read: 
    Subd. 2.  [PURPOSES FOR WHICH MONEY MAY BE SPENT.] Subject 
to appropriation by the legislature the money in the fund may be 
spent for any of the following purposes:  
    (a) Preparation by the agency for taking removal or 
remedial action under section 115B.17, including investigation, 
monitoring and testing activities, enforcement and compliance 
efforts relating to the release of hazardous substances, 
pollutants or contaminants under section 115B.17 or 115B.18; 
    (b) Removal and remedial actions taken or authorized by the 
agency or the commissioner of the pollution control agency under 
section 115B.17, including related enforcement and compliance 
efforts under section 115B.17 or 115B.18, and payment of the 
state share of the cost of remedial action which may be carried 
out under a cooperative agreement with the federal government 
pursuant to the Federal Superfund Act, under United States Code, 
title 42, section 9604(c)(3) for actions related to facilities 
other than commercial hazardous waste facilities located under 
the siting authority of chapter 115A; 
     (c) Reimbursement to any private person for expenditures 
made before July 1, 1983 to provide alternative water supplies 
deemed necessary by the agency and the department of health to 
protect the public health from contamination resulting from the 
release of a hazardous substance; 
     (d) Removal and remedial actions taken or authorized by the 
agency or the commissioner of the pollution control agency under 
section 115B.17 including related enforcement and compliance 
efforts under section 115B.17 or 115B.18, and payment of the 
state share of the cost of remedial action which may be carried 
out under a cooperative agreement with the federal government 
pursuant to the Federal Superfund Act, under United States Code, 
title 42, section 9604(c)(3) for actions related to commercial 
hazardous waste facilities located under the siting authority of 
chapter 115A; 
     (e) Compensation as provided by law, after submission by 
the waste management board of the report required under section 
115A.08, subdivision 5, to mitigate any adverse impact of the 
location of commercial hazardous waste processing or disposal 
facilities located pursuant to the siting authority of chapter 
115A; 
     (f) Planning and implementation by the commissioner of 
natural resources of the rehabilitation, restoration or 
acquisition of natural resources to remedy injuries or losses to 
natural resources resulting from the release of a hazardous 
substance; 
     (g) Inspection, monitoring and compliance efforts by the 
agency, or by political subdivisions with agency approval, of 
commercial hazardous waste facilities located under the siting 
authority of chapter 115A; 
     (h) Grants by the agency or the waste management board to 
demonstrate alternatives to land disposal of hazardous waste 
including reduction, separation, pretreatment, processing and 
resource recovery, for education of persons involved in 
regulating and handling hazardous waste; 
    (i) Intervention and environmental mediation by the 
legislative commission on waste management under chapter 115A; 
and 
    (j) Grants by the agency to study the extent of 
contamination and feasibility of cleanup of hazardous substances 
and pollutants or contaminants in major waterways of the state.; 
    (k) Acquisition of a property interest under section 30; 
    (l) Reimbursement, in an amount to be determined by the 
agency in each case, to a political subdivision that is not a 
responsible person under section 115B.03, for reasonable and 
necessary expenditures resulting from an emergency caused by a 
release or threatened release of a hazardous substance, 
pollutant, or contaminant; and 
    (m) Reimbursement to a political subdivision for 
expenditures in excess of the liability limit under section 29. 
    Sec. 32.  Minnesota Statutes 1988, section 115B.25, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GENERAL APPLICABILITY.] The terms used in 
sections 115B.25 to 115B.37 have The definitions given them in 
section 115B.02 and this section apply to sections 115B.25 to 
115B.37. 
    Sec. 33.  Minnesota Statutes 1988, section 115B.25, 
subdivision 2, is amended to read: 
    Subd. 2.  [BOARD.] "Board" means the hazardous harmful 
substance injury compensation board established in section 
115B.27. 
    Sec. 34.  Minnesota Statutes 1988, section 115B.25, is 
amended by adding a subdivision to read: 
    Subd. 6a.  [FACILITY.] "Facility" has the meaning given it 
in section 115B.02, subdivision 5. 
    Sec. 35.  Minnesota Statutes 1988, section 115B.25, 
subdivision 7, is amended to read: 
    Subd. 7.  [FUND.] "Fund" means the hazardous harmful 
substance injury compensation fund established in section 
115B.26. 
    Sec. 36.  Minnesota Statutes 1988, section 115B.25, is 
amended by adding a subdivision to read: 
    Subd. 7a.  [HARMFUL SUBSTANCE.] "Harmful substance" means: 
    (1) any commercial chemical designated under the Federal 
Water Pollution Control Act, United States Code, title 33, 
section 1321(b)(2)(A); 
    (2) any hazardous air pollutant listed under the Clean Air 
Act, United States Code, title 42, section 7412; 
    (3) any hazardous waste; 
    (4) petroleum as defined in section 115C.02, subdivision 
10; and 
    (5) pesticide as defined in chapter 18B, or fertilizer, 
plant amendment, or soil amendment as defined in chapter 17.  
    Sec. 37.  Minnesota Statutes 1988, section 115B.25, is 
amended by adding a subdivision to read: 
    Subd. 7b.  [HAZARDOUS WASTE.] "Hazardous waste" has the 
meaning given in section 115B.02, subdivision 9. 
    Sec. 38.  Minnesota Statutes 1988, section 115B.25, is 
amended by adding a subdivision to read: 
    Subd. 7c.  [PERSON.] "Person" has the meaning given in 
section 115B.02, subdivision 12. 
    Sec. 39.  Minnesota Statutes 1988, section 115B.25, is 
amended by adding a subdivision to read: 
    Subd. 9.  [RELEASE.] "Release" means any spilling, leaking, 
pumping, pouring, emitting, emptying, discharging, injecting, 
escaping, leaching, dumping, or disposing into the environment 
which occurred at a point in time or which continues to occur. 
    "Release" does not include: 
    (a) Emissions from the engine exhaust of a motor vehicle, 
rolling stock, aircraft, watercraft, or pipeline pumping station 
engine; 
    (b) Release of source, by-product, or special nuclear 
material from a nuclear incident, as those terms are defined in 
the Atomic Energy Act of 1954, under United States Code, title 
42, section 2014, if the release is subject to requirements with 
respect to financial protection established by the federal 
Nuclear Regulatory Commission under United States Code, title 
42, section 2210; 
    (c) Release of source, by-product or special nuclear 
material from any processing site designated pursuant to the 
Uranium Mill Tailings Radiation Control Act of 1978, under 
United States Code, title 42, section 7912(a)(1) or 7942(a); 
    (d) Discharges or designed venting of petroleum from a tank 
allowed under the rules of the pollution control agency; or 
    (e) The use of a pesticide, fertilizer, plant amendment or 
soil amendment in accordance with its labeling. 
    Sec. 40.  Minnesota Statutes 1988, section 115B.26, is 
amended to read: 
    115B.26 [HAZARDOUS HARMFUL SUBSTANCE INJURY COMPENSATION 
FUND.] 
    Subdivision 1.  [ESTABLISHMENT.] A hazardous harmful 
substance injury compensation fund is established as an account 
in the state treasury.  Earnings, such as interest, dividends, 
and any other earnings arising from fund assets, must be 
credited to the fund. 
    Subd. 2.  [APPROPRIATION.] The amount necessary to pay for 
staff assistance, administrative services, and office space 
under section 115B.28, subdivision 4, and to pay claims of 
compensation granted by the board under sections 115B.25 to 
115B.37 is appropriated to the board from the hazardous harmful 
substance injury compensation fund.  
    Subd. 3.  [PAYMENT OF CLAIMS WHEN FUND INSUFFICIENT.] If 
the amount of the claims granted exceeds the amount in the fund, 
the board shall request a transfer from the general contingent 
account to the hazardous harmful substance injury compensation 
fund as provided in section 3.30.  If no transfer is approved, 
the board shall pay the claims which have been granted in the 
order granted only to the extent of the money remaining in the 
fund.  The board shall pay the remaining claims which have been 
granted after additional money is credited to the fund. 
    Subd. 4.  [FUND TRANSFER REQUEST.] At the end of each 
fiscal year, the board shall submit a request to the petroleum 
tank release compensation board for transfer to the harmful 
substance compensation fund from the petroleum tank release 
cleanup fund under section 47 of an amount equal to the 
compensation granted by the board for claims related to 
petroleum releases plus administrative costs related to 
determination of those claims. 
    Sec. 41.  Minnesota Statutes 1988, section 115B.27, 
subdivision 1, is amended to read:  
    Subdivision 1.  [ESTABLISHMENT OF BOARD.] The hazardous 
harmful substance injury compensation board is established.  The 
board consists of five members who will serve part time and who 
will be appointed by the governor with the advice and consent of 
the senate.  One member must be a physician knowledgeable in 
toxicology; one member must be a member of the bar of this 
state; one member must be a health professional knowledgeable in 
the area of hazardous harmful substance injuries; and two 
members must be members of the general public.  The board shall 
annually elect a member to serve as chair for a term of one 
year. Filling of vacancies on the board and removal of members 
are governed by section 15.0575. 
    Sec. 42.  Minnesota Statutes 1988, section 115B.28, 
subdivision 2, is amended to read: 
    Subd. 2.  [POWERS.] In addition to exercising any powers 
specified in sections 115B.25 to 115B.37 or in other law, the 
board may: 
    (1) in reviewing a claim, consider any information relevant 
to the claim, in accordance with the evidentiary standards 
contained in section 115B.35; 
    (2) contract for consultant or other services necessary to 
carry out the board's duties under sections 115B.25 to 115B.37; 
    (3) grant reasonable partial compensation on an emergency 
basis pending the final decision on a claim, subject to the 
adoption of rules by the board, if the claim is one with respect 
to which an award will probably be made and undue hardship will 
result to the claimant if immediate payment is not made; 
    (4) limit access to information collected and maintained by 
the board and take any other action necessary to protect 
privileged or confidential not public data as defined in section 
13.02, subdivision 8a, and protected information, in accordance 
with the limitations contained in section 115B.35. 
    Sec. 43.  Minnesota Statutes 1988, section 115B.29, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PERSONAL INJURY AND CERTAIN PROPERTY 
CLAIMS.] A person may file a claim with the board pursuant to 
this section for compensation for an eligible injury, or for 
eligible property damage described in section 115B.34, 
subdivision 2, paragraph (a), clause (1), that could reasonably 
have resulted from an exposure in Minnesota to a hazardous 
harmful substance released from a facility. 
    Sec. 44.  Minnesota Statutes 1988, section 115B.30, 
subdivision 3, is amended to read: 
    Subd. 3.  [TIME FOR FILING CLAIM.] (a) A claim is not 
eligible for compensation from the fund unless it is filed with 
the board within the time provided in this subdivision. 
    (a) (b) A claim for compensation for personal injury must 
be filed within two years after the injury and its connection to 
exposure to a hazardous harmful substance was or reasonably 
should have been discovered. 
    (b) (c) A claim for compensation for property damage must 
be filed within six two years after the damage was or reasonably 
should have been discovered full amount of compensable losses 
can be determined. 
    (d) Notwithstanding the provisions of this subdivision, 
claims for compensation that would otherwise be barred by any 
statute of limitations provided in sections 115B.25 to 115B.37 
may be filed not later than January 1, 1988 1992. 
    Sec. 45.  Minnesota Statutes 1988, section 115B.34, 
subdivision 2, is amended to read: 
    Subd. 2.  [PROPERTY DAMAGE LOSSES.] (a) Losses compensable 
by the fund for property damage are limited to the following 
losses caused by damage to the principal residence of the 
claimant: 
    (1) the reasonable cost of replacing or decontaminating the 
primary source of drinking water for the property not to exceed 
the amount actually expended by the claimant or assessed by a 
local taxing authority, if the department of health has 
determined confirmed that the remedy provides safe drinking 
water and advised that the water is contaminated not be used for 
drinking or has included the property in a well advisory area 
and has certified determined that the replacement or 
decontamination of the source of drinking water effectively has 
or will eliminate the contamination was necessary, up to a 
maximum of $25,000; and 
    (2) losses incurred as a result of a bona fide sale of the 
property at less than the appraised market value under 
circumstances that constitute a hardship to the owner, limited 
to 75 percent of the difference between the appraised market 
value and the selling price, but not to exceed $25,000.; and 
     (3) losses incurred as a result of the inability of an 
owner in hardship circumstances to sell the property due to the 
presence of harmful substances, limited to the increase in costs 
associated with the need to maintain two residences, but not to 
exceed $25,000.  
    (b) In computation of the loss under paragraph (a), clause 
(3), the board shall offset the loss by the amount of any income 
received by the claimant from the rental of the property.  
    (b) (c) For purposes of paragraph (a), the following 
definitions apply: 
    (1) "appraised market value" means an appraisal of the 
market value of the property disregarding any decrease in value 
caused by the presence of a hazardous harmful substance in or on 
the property; and 
    (2) "hardship" means an urgent need to sell the property 
based on a special circumstance of the owner including 
catastrophic medical expenses, inability of the owner to 
physically maintain the property due to a physical or mental 
condition, and change of employment of the owner or other member 
of the owner's household requiring the owner to move to a 
different location. 
    (c) (d) Appraisals are subject to board approval.  The 
board may adopt rules governing approval of appraisals, criteria 
for establishing a hardship, and other matters necessary to 
administer this subdivision. 
    Sec. 46.  Minnesota Statutes 1988, section 115C.08, 
subdivision 4, is amended to read:  
    Subd. 4.  [EXPENDITURES.] Money in the fund may only be 
spent:  
    (1) to administer the petroleum tank release cleanup 
program established in sections 115C.03 to 115C.10; 
    (2) for agency administrative costs under sections 116.46 
to 116.50, sections 115C.03 to 115C.06, and costs of corrective 
action taken by the agency under section 115C.03, including 
investigations; 
    (3) for costs of recovering expenses of corrective actions 
under section 115C.04; and 
    (4) for training, certification, and rulemaking under 
sections 116.46 to 116.50; and 
    (5) for reimbursement of the harmful substance compensation 
fund under sections 40, subdivision 4; and 47. 
    Sec. 47.  Minnesota Statutes 1988, section 115C.08, is 
amended by adding a subdivision to read: 
    Subd. 5.  [FUND TRANSFER.] The board shall authorize the 
commissioner of finance to transfer to the harmful substance 
compensation fund the amount requested by the harmful substance 
compensation board under section 40, subdivision 4.  Transfer of 
the amount must be made at the earliest practical date after 
authorization by the board.  If the unexpended balance in the 
fund is less than $1,000,000 the transfer must be made at the 
earliest practical date after the unexpended balance in the fund 
exceeds that amount.  
    Sec. 48.  Minnesota Statutes 1988, section 116.07, is 
amended by adding a subdivision to read: 
    Subd. 4j.  [PERMITS; SOLID WASTE FACILITIES.] (a) The 
agency may not issue a permit for new or additional capacity for 
a mixed municipal solid waste resource recovery or disposal 
facility as defined in section 115A.03 unless each county 
projected in the permit to use the facility has in place a solid 
waste management plan approved under section 115A.46 or 
473.803.  The agency shall issue the permit only if the capacity 
of the facility is consistent with the needs for resource 
recovery or disposal capacity identified in the approved plan or 
plans.  Consistency must be determined by the metropolitan 
council for counties in the metropolitan area and by the agency 
for counties outside the metropolitan area.  Plans approved 
before January 1, 1990, need not be revised if the capacity 
sought in the permit is consistent with the approved plan or 
plans. 
    (b) The agency shall require as part of the permit 
application for a waste incineration facility identification of 
preliminary plans for ash management and ash leachate treatment 
or ash utilization.  The permit issued by the agency must 
include requirements for ash management and ash leachate 
treatment. 
    Sec. 49.  Minnesota Statutes 1988, section 400.04, 
subdivision 3, is amended to read: 
    Subd. 3.  [ACQUISITION, CONSTRUCTION AND OPERATION OF 
PROPERTY AND FACILITIES.] A county may acquire, construct, 
enlarge, improve, repair, supervise, control, maintain, and 
operate any and all solid waste facilities and other property 
and facilities needed, used, or useful for solid waste 
management purposes.  Notwithstanding any other law to the 
contrary, a county may contract for recycling services, and 
purchase and lease materials, equipment, machinery and such 
other personal property as is necessary for such purposes upon 
terms and conditions determined by the board, with or without 
advertisement for bids including the use of conditional sales 
contracts and lease-purchase agreements.  If a county contract 
is let by negotiation, without advertising for bids, the county 
shall conduct such negotiation and award the contract using a 
fair and open procedure and in full compliance with section 
471.705.  If a county contract is to be awarded by bid, the 
county may, after notice to the public and prospective bidders, 
conduct a fair and open process of prequalification of bidders 
prior to advertisement for bids.  A county may employ such 
personnel as are reasonably necessary for the care, maintenance 
and operation of such property and facilities.  A county shall 
contract with private persons for the construction, maintenance, 
and operation of solid waste facilities where the facilities are 
adequate and available for use and competitive with other means 
of providing the same service.  
    Sec. 50.  Minnesota Statutes 1988, section 466.04, 
subdivision 1, is amended to read:  
    Subdivision 1.  [LIMITS; PUNITIVE DAMAGES.] (a) Liability 
of any municipality on any claim within the scope of sections 
466.01 to 466.15 shall not exceed:  
    (a) (1) $200,000 when the claim is one for death by 
wrongful act or omission and $200,000 to any claimant in any 
other case; 
    (b) (2) $600,000 for any number of claims arising out of a 
single occurrence; or 
    (c) (3) twice the limits provided in clauses (a) (1) and 
(b), but not less than $300,000 per claim, (2) when the claim 
arises out of the release or threatened release of a hazardous 
substance, whether the claim is brought under sections 115B.01 
to 115B.15 or under any other law.  
    (b) No award for damages on any such claim shall include 
punitive damages. 
    Sec. 51.  Minnesota Statutes 1988, section 473.149, 
subdivision 2d, is amended to read: 
    Subd. 2d.  [LAND DISPOSAL ABATEMENT PLAN.] By January 1, 
1985, (a) After considering any county land disposal abatement 
proposals and waste stream analysis that have been submitted by 
that date, pursuant to under section 473.803, subdivision 1b, 
the council shall amend its policy plan to include specific and 
quantifiable metropolitan objectives for abating to the greatest 
feasible and prudent extent the need for and practice of land 
disposal of mixed municipal solid waste and of specific 
components of the solid waste stream, including residuals and 
ash, either by type of waste or class of generator.  
     (b) The objectives must be stated in annual increments 
through the year 1990 and thereafter in five-year 
increments through the year 2000 for a period of at least 20 
years from the date of adoption of policy plan revisions.  The 
plan must include a reduced estimate of the capacity, based on 
the council's abatement objectives, needed for the disposal of 
various types of waste in each five-year increment and the 
general area of the region where the capacity should be 
developed.  The plan must include a reduced estimate, based on 
the council's abatement objectives, of the added solid waste 
disposal capacity needed in appropriate sectors of the 
metropolitan area, stated in annual increments through the year 
1990 and thereafter in five year increments through the year 
2000. 
    (c) The plan must include objectives for waste reduction 
and measurable objectives for local abatement of solid waste 
through resource recovery and waste reduction, recycling, and 
source separation programs and activities for each metropolitan 
county and for cities of the first class, the second class, and 
the third class, respectively, stated in annual increments 
through the year 1990 and in five-year increments through the 
year 2000 for a period of at least 20 years.  
    (d) The standards must be based upon and implement the 
council's metropolitan abatement objectives.  The council's plan 
must include standards and procedures to be used by the council 
in determining whether a metropolitan county or class of cities 
within a metropolitan county has implemented the council's 
metropolitan land disposal abatement plan and has achieved the 
objectives for local abatement. 
    Sec. 52.  Minnesota Statutes 1988, section 473.149, 
subdivision 2e, is amended to read: 
    Subd. 2e.  [SOLID WASTE DISPOSAL FACILITIES DEVELOPMENT 
SCHEDULE.] (a) By January 1, 1985, After requesting and 
considering recommendations from the counties, cities, and 
towns, the council as part of its policy plan shall determine 
the number of sites and the capacity of sites to be acquired 
within each the metropolitan county area for solid waste 
disposal facilities in accordance with section 473.833.  
     (b) The council shall adopt a schedule of disposal capacity 
to be developed in each county through the year 2000 within the 
metropolitan area in five-year increments for a period of at 
least 20 years from adoption of development schedule revisions.  
The schedule may not allow capacity in excess of the council's 
reduced estimate of the disposal capacity needed because of the 
council's land disposal abatement plan, except as the council 
deems necessary to allow reallocation of capacity as required by 
this subdivision.  
     (c) The council shall make the implementation of elements 
of the schedule, including the disposal capacity allocated to 
each county, contingent on actions of each county and class of 
city in that county in adopting and implementing abatement plans 
pursuant to section 473.803, subdivision 1b.  The council shall 
may review the development schedule every year and shall revise 
the development schedule and the allocation of disposal capacity 
required for each county based on the progress made in that 
county in the implementation of the council's abatement plans 
and achievement of metropolitan and local abatement objectives.  
The council shall review and revise, by resolution following 
public hearing, the development schedule and the allocation of 
disposal capacity required based on significant changes in the 
landfill capacity of the metropolitan area.  The schedule must 
include procedures and criteria for making revisions.  A site 
for which an environmental impact statement was being prepared 
as of January 1, 1989, under section 473.833, subdivision 2a, 
and that is not selected under section 473.833, subdivision 3, 
must be eliminated from the inventory of solid waste disposal 
sites established under section 473.149, subdivision 2b, and may 
not be considered as a waste disposal site in the future. 
     (d) The schedule may include procedures to be used by 
counties in selecting sites for acquisition pursuant to section 
473.833.  The schedule must include standards and procedures for 
council certification of need pursuant to section 473.823.  The 
schedule must include a facility closure schedule and plans for 
postclosure management and disposition, for the use of property 
after acquisition and before facility development, and for the 
disposition of property and development rights, as defined in 
section 473.833, no longer needed for disposal facilities.  The 
schedule must also include a closure schedule and plans for 
postclosure management for facilities in existence before the 
adoption of the development schedule.  
    Sec. 53.  Minnesota Statutes 1988, section 473.149, is 
amended by adding a subdivision to read: 
    Subd. 2f.  [FUTURE SOLID WASTE DISPOSAL CAPACITY.] The 
council, as part of its policy plan, shall determine the number 
and capacity of solid waste disposal sites needed in the 
metropolitan area, including sites for disposal of solid waste 
residuals and ash, for a period of at least 20 years from the 
date of adoption of policy plan revisions.  The plan must 
include a reduced estimate of capacity, based on the council's 
waste abatement objectives, needed for the disposal of various 
types of waste in five-year increments and the general area of 
the metropolitan area where the capacity should be developed. 
    Sec. 54.  Minnesota Statutes 1988, section 473.803, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [WASTE ABATEMENT.] The council may require any 
county that fails to meet the waste abatement objectives 
contained in the council's policy plan to amend its master plan 
to address methods to achieve the objectives.  The master plan 
amendment is subject to council review and approval as provided 
in subdivision 2 and must consider at least: 
    (1) minimum recycling service levels for solid waste 
generators; 
    (2) mandatory generator participation in recycling programs 
including separation of recyclable material from mixed municipal 
solid waste; 
    (3) use of organized solid waste collection under section 
115A.94; and 
    (4) waste abatement participation incentives including 
provision of storage bins, weekly collection of recyclable 
material, expansion of the types of recyclable material for 
collection, collection of recyclable material on the same day as 
collection of solid waste, and financial incentives such as 
basing charges to generators for waste collection services on 
the volume of waste generated and discounting collection charges 
for generators who separate recyclable material for collection 
separate from their solid waste. 
    Sec. 55.  Minnesota Statutes 1988, section 473.811, 
subdivision 4, is amended to read: 
    Subd. 4.  [COUNTY CONTRACTS.] Each metropolitan county may 
contract for the acquisition or use of existing public or 
private solid waste facilities or any facilities deemed 
necessary or useful for resource recovery from solid waste and 
may contract with any person for the operation or maintenance, 
or both, of any solid waste facility owned by the county.  The 
contract shall provide for the operation or maintenance, or 
both, of the facility in accordance with any regulations, 
criteria, and standards of the agency, the metropolitan council 
and the county relating thereto.  Any contract for the operation 
or maintenance of a solid waste facility may provide for the 
sale of solid waste, materials, electric energy, steam or other 
product to the operator or for a fee payable to the operator, 
which may be a fixed fee, or a fee based on tonnage or a 
percentage of income or other measure, or any combination 
thereof.  A metropolitan county may warrant to the operator of a 
solid waste facility or contract purchaser of any solid waste, 
materials, electric energy, steam or other product the quality, 
composition and available quantity of the solid waste, 
materials, electric energy, steam or other product to be sold or 
delivered.  A metropolitan county may enter into an agreement 
with any local government unit or the University of Minnesota 
for the purpose of compensating for the local risks, costs, or 
other effects of a waste processing facility. 
    Sec. 56.  Minnesota Statutes 1988, section 473.823, 
subdivision 3, is amended to read:  
    Subd. 3.  [SOLID WASTE FACILITIES; REVIEW PROCEDURES.] (a) 
The agency shall request applicants for solid waste facility 
permits to submit all information deemed relevant by the council 
to its review, including without limitation information relating 
to the geographic areas and population served, the need, the 
effect on existing facilities and services, the effectiveness of 
proposed buffer areas to ensure, at a minimum, protection of 
surrounding land uses from adverse or incompatible impacts due 
to landfill operation and related activities, the anticipated 
public cost and benefit, the anticipated rates and charges, the 
manner of financing, the effect on metropolitan plans and 
development programs, the supply of waste, anticipated markets 
for any product, and alternative means of disposal or energy 
production.  No 
    (b) A permit may not be issued for the operation of a solid 
waste facility in the metropolitan area which is not in 
accordance with the metropolitan council's solid waste policy 
plan.  The metropolitan council shall determine whether a permit 
is in accordance with the policy plan.  In making its 
determination, the council shall consider the areawide need and 
benefit of the applicant facility and the effectiveness of 
proposed buffer areas to adequately protect surrounding land 
uses in accordance with its policy plan, and may consider, 
without limitation, the effect of the applicant facility on 
existing and planned solid waste facilities described in a waste 
control commission implementation plan or county report or 
master plan.  
     (c) If the council determines that a permit is in 
accordance with its policy plan, the council shall approve the 
permit.  If the council determines that a permit is not in 
accordance with its policy plan, it shall disapprove the 
permit.  The council's approval of permits may be subject to 
conditions necessary to satisfy criteria and standards in its 
policy plan, including conditions respecting the type, 
character, and quantities of waste to be processed at a solid 
waste facility used primarily for resource recovery and the 
geographic territory from which a resource recovery facility or 
transfer station serving such a facility may draw its waste.  
     (d) For the purpose of this review and approval by the 
council, the agency shall send a copy of each permit application 
and any supporting information furnished by the applicant to the 
metropolitan council within 15 days after receipt of the 
application and all other information requested from the 
applicant.  Within 60 days after the application and supporting 
information are received by the council, unless a time extension 
is authorized by the agency, the council shall issue to the 
agency in writing its determination whether the permit is 
disapproved, approved, or approved with conditions.  If the 
council does not issue its determination to the agency within 
the 60-day period, unless a time extension is authorized by the 
agency, the permit shall be deemed to be in accordance with the 
council's policy plan.  No 
    (e) A permit shall may not be issued in the metropolitan 
area for a solid waste facility used primarily for resource 
recovery or a transfer station serving such a the facility, if 
the facility or station is owned or operated by a public agency 
or if the acquisition or betterment of the facility or station 
is secured by public funds or obligations issued by a public 
agency, unless the council finds and determines that adequate 
markets exist for the products recovered and that establishment 
of the facility is consistent with the criteria and standards in 
the metropolitan and county plans respecting the protection of 
existing resource recovery facilities and transfer stations 
serving such facilities. 
    Sec. 57.  Minnesota Statutes 1988, section 473.831, 
subdivision 2, is amended to read:  
    Subd. 2.  [USE OF PROCEEDS.] (a) The proceeds of bonds 
issued under subdivision 1 shall be used by the council: 
    (a) (1) to provide funds for the environmental analysis of 
solid waste disposal sites; and 
    (b) (2) to make grants to metropolitan counties to pay for: 
(1) (i) the cost of the environmental review of sites, (2) the 
acquisition of development rights for all or part of the period 
that the development limitation imposed by section 473.806 is in 
effect, (3) (ii) the acquisition of permanent or temporary 
right, title, or interests in property, including easements and 
development rights, for solid waste disposal sites and 
surrounding buffer areas required to be acquired by the county, 
pursuant to sections 473.833 and 473.840, by the council's 
policy plan and development schedule adopted pursuant to section 
473.149, subdivision 2e, and (4) (iii) the acquisition and 
improvement of resource recovery facilities.; and 
    (3) to reimburse a city or town that contains a solid waste 
disposal site identified by the council under section 473.149, 
subdivision 2b, for costs incurred by the city or town after 
publication of an environmental impact statement preparation 
notice for the site.  
    (b) Under paragraph (a), clause (3):  
    (1) reimbursement may not exceed $100,000 for a city or 
town; 
    (2) costs eligible for reimbursement are those incurred for 
data collection, technical review and analysis necessary to 
evaluate the draft environmental impact statement prepared by 
the county under section 473.833, subdivision 2a, and the site 
selection decision made under section 473.833, subdivision 3; 
and 
    (3) legal fees are not eligible for reimbursement.  
    (c) If the council is required by law or rule to prepare 
environmental analyses on one or more solid waste disposal sites 
and surrounding buffer areas, the council may use the proceeds 
of the bonds issued under subdivision 1 to contract for 
consultant services in the preparation of such analyses only 
upon a finding that equivalent expertise is not available among 
its own staff. 
     Sec. 58.  Minnesota Statutes 1988, section 473.833, 
subdivision 2, is amended to read:  
    Subd. 2.  [REQUIREMENT.] Each metropolitan county shall 
select and acquire sites and buffer areas for solid waste 
disposal facilities in accordance with this section and the 
council's policy plan and development schedule adopted pursuant 
to section 473.149, subdivision 2e.  Each county in which a site 
is selected and acquired must ensure development of the site in 
accordance with the landfill development schedule in the 
council's policy plan if the site is permittable by the agency 
and if its development is prudent as determined by the council. 
    Sec. 59.  Minnesota Statutes 1988, section 473.833, 
subdivision 2a, is amended to read:  
    Subd. 2a.  [ENVIRONMENTAL IMPACT STATEMENT.] (a) Each 
metropolitan county shall complete an environmental impact 
statement on the environmental effects of the decision required 
by subdivision 3.  The statement shall be prepared and reviewed 
in accordance with chapter 116D and the rules issued pursuant 
thereto under chapter 116D, except as otherwise required by 
section 473.149 and this section.  The determination of adequacy 
must be made within one year following the council's adoption of 
the facilities development schedule pursuant to section 473.149, 
subdivision 2e.  The statement must be consistent with the 
establishment of facilities in accordance with the requirements 
of the council's development schedule, must not address or 
reconsider alternatives eliminated from consideration under 
sections 473.149, 473.803, subdivisions 1, 1a, and 1b, and this 
section, and must not address matters to be determined by the 
council under section 473.823, subdivision 6.  The statement 
must address matters respecting permitting under section 473.823 
only to the extent deemed necessary for the siting decision 
required by subdivision 3.  
     (b) The pollution control agency and the council shall 
assist and advise counties in the scoping decision and the 
preparation notice.  
     (c) The site selection authority established in subdivision 
3, or the council, if it makes the selection under subdivision 
3, shall prepare a record of decision, including specific 
findings of fact, that identifies how the environmental impact 
statement required by this subdivision was used by the site 
selection authority to make its site selection decision. 
    Sec. 60.  Minnesota Statutes 1988, section 473.843, 
subdivision 1, is amended to read: 
    Subdivision 1.  [AMOUNT OF FEE; APPLICATION.] The operator 
of a mixed municipal solid waste disposal facility in the 
metropolitan area shall pay a fee on solid waste accepted and 
disposed at the facility as follows:  
    (a) A facility that weighs the waste that it accepts must 
pay a fee of 50 cents $2 per cubic yard based on equivalent 
cubic yards of waste accepted at the entrance of the facility.  
    (b) A facility that does not weigh the waste but that 
measures the volume of the waste that it accepts must pay a fee 
of 50 cents $2 per cubic yard of waste accepted at the entrance 
of the facility.  
    (c) Waste residue, from recycling facilities at which 
recyclable materials are separated or processed for the purposes 
of recycling, or 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, is exempt from one-half of the 
amount of fee imposed by this subdivision if there is at least 
an 85 percent volume reduction in the solid waste processed.  To 
qualify for exemption under this clause, waste residue must be 
brought to a disposal facility separately.  The commissioner of 
revenue, with the advice and assistance of the council and the 
agency, shall prescribe procedures for determining the amount of 
waste residue qualifying for exemption. 
    Sec. 61.  Minnesota Statutes 1988, section 473.843, 
subdivision 2, is amended to read:  
    Subd. 2.  [DISPOSITION OF PROCEEDS.] After reimbursement to 
the department of revenue for costs incurred in administering 
this section, the proceeds of the fees imposed under this 
section, including interest and penalties, must be deposited as 
follows:  
    (a) one-half (1) three-fourths of the proceeds must be 
deposited in the landfill abatement fund established in section 
473.844; and 
    (b) one-half (2) one-fourth of the proceeds must be 
deposited in the metropolitan landfill contingency action fund 
established in section 473.845. 
    Sec. 62.  Minnesota Statutes 1988, section 473.844, 
subdivision 1a, is amended to read: 
    Subd. 1a.  [USE OF FUNDS.] (a) The money in the fund may be 
spent only for the following purposes:  
    (1) assistance to any person for resource recovery projects 
funded under subdivision 4 or projects to develop and coordinate 
markets for reusable or recyclable waste materials, including 
related public education, planning, and technical assistance; 
    (2) grants to counties under section 473.8441; and 
    (3) program administration by the metropolitan council; 
    (4) public education on solid waste reduction and 
recycling; and 
    (5) solid waste research. 
    (b) The council shall allocate at least 50 percent of the 
annual revenue received by the fund for grants to counties under 
section 473.8441. 
    Sec. 63.  Minnesota Statutes 1988, section 473.8441, 
subdivision 5, is amended to read: 
    Subd. 5.  [GRANT ALLOCATION PROCEDURE.] (a) The council 
shall distribute the funds annually so that each qualifying 
county receives a base amount of $25,000 an equal share of 50 
percent of the council's allocation to the program described in 
this section, plus a proportionate share of the remaining funds 
available for the program.  A county's proportionate share is an 
amount that has the same proportion to the total remaining funds 
as the number of households in the county has to the total 
number of households in all metropolitan counties.  The council 
shall distribute the funds in two parts. 
    (b) The first distribution consists of the base amount plus 
one-third of the county's proportionate share.  To qualify for 
the first distribution, a county must submit an application for 
council approval before December 1, 1987.  Not more than 
one-half of the first distribution may be spent for planning and 
consultants. 
    (c) The second distribution consists of the remaining funds 
available for the program.  To qualify for the second 
distribution, a county must have received funds under the first 
distribution and must submit for council approval by December 1, 
1988, a report on expenditures and activities under the program, 
a local recycling implementation strategy as required by section 
473.803, subdivision 1e, and a proposed performance funding 
system that will allocate all of the remaining funds available 
under the program for recycling implementation activities in 
accordance with performance.  
    (b) To qualify for distribution of funds, a county, by 
August 15 of each year, must submit for council approval a 
report on expenditures and activities under the program during 
the preceding fiscal year and any proposed changes in its 
recycling implementation strategy or performance funding system. 
    Sec. 64.  Minnesota Statutes 1988, section 473.845, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ESTABLISHMENT.] The metropolitan landfill 
contingency action fund is created as an account in the state 
treasury.  The fund consists of revenue deposited in the fund 
under section 473.843, subdivision 2, clause (b); amounts 
recovered under subdivision 6 7; and interest earned on 
investment of money in the fund.  
    Sec. 65.  Minnesota Statutes 1988, section 473.845, 
subdivision 2, is amended to read:  
    Subd. 2.  [WATER SUPPLY MONITORING AND HEALTH ASSESSMENTS.] 
Up to ten percent of the money in the fund may be appropriated 
to the commissioner of health for water supply monitoring and 
health assessments.  The commissioner shall monitor the quality 
of water in public water supply wells and may monitor private 
water supply wells in the metropolitan area that may be affected 
by their location in relation to a facility for mixed municipal 
solid waste.  Testing under this subdivision must be for 
substances not funded under the Federal Safe Drinking Water 
Act.  The health assessments must be conducted in areas that may 
be affected by contaminants from mixed municipal solid waste 
facilities. 
    Sec. 66.  Minnesota Statutes 1988, section 473.848, is 
amended to read: 
    473.848 [RESTRICTION ON DISPOSAL.] 
    Subdivision 1.  [RESTRICTION.] (a) After January 1, 1990, a 
person may not dispose of unprocessed mixed municipal solid 
waste at waste disposal facilities located in the metropolitan 
area may not accept mixed municipal solid waste for disposal 
unless: 
    (1) the waste has been certified as unprocessible by a 
county under subdivision 2; or 
    (2)(i) the waste has been transferred to the disposal 
facility from a resource recovery facility identified by the 
council; 
    (ii) no other resource recovery facility in the 
metropolitan area is capable of processing the waste; and 
    (iii) the waste has been certified as unprocessible by the 
operator of the resource recovery facility under subdivision 3. 
    (b) For purposes of this section, mixed municipal solid 
waste does not include street sweepings, construction debris, 
mining waste, foundry sand, and other materials, if they are not 
capable of being processed by resource recovery as determined by 
the council.  
    Subd. 2.  [COUNTY CERTIFICATION; COUNCIL APPROVAL.] (a) 
Each county that has not implemented designation of all or a 
portion of its mixed municipal solid waste to a resource 
recovery facility shall submit a semiannual certification report 
to the council detailing:  
    (1) the quantity of waste generated in the county that was 
not processed prior to transfer to a disposal facility during 
the six months preceding the report; 
     (2) the reasons the waste was not processed; 
     (3) a strategy for development of techniques to ensure 
processing of waste including a specific timeline for 
implementation of those techniques; and 
     (4) any progress made by the county in reducing the amount 
of unprocessed waste. 
     (b) The council shall approve a county's report if it 
determines that the county is reducing and will continue to 
reduce the amount of unprocessed waste, based on the report and 
the county's progress in development and implementation of 
techniques to reduce the amount of unprocessed waste transferred 
to disposal facilities.  If the council does not approve a 
county's report, it shall negotiate with the county to develop 
and implement specific techniques to reduce unprocessed waste.  
If the council does not approve three or more consecutive 
reports from any one county, the council shall develop specific 
reduction techniques that are designed for the particular needs 
of the county.  The county shall implement those techniques by 
specific dates to be determined by the council. 
    Subd. 3.  [FACILITY CERTIFICATION; COUNTY REPORTS.] (a) The 
operator of each resource recovery facility that receives waste 
from counties in the metropolitan area shall certify as 
unprocessible each load of mixed municipal solid waste it does 
not process.  Certification must be made to each county that 
sends its waste to the facility at intervals specified by the 
county.  Certification must include at least the number and size 
of loads certified as unprocessible and the reasons the waste is 
unprocessible.  Loads certified as unprocessible must include 
the loads that would otherwise have been processed but were not 
processed because the facility was not in operation, but nothing 
in this section relieves the operator of its contractual 
obligations to process mixed municipal solid waste.  
    (b) A county that sends its waste to a resource recovery 
facility shall submit a semiannual report to the council 
detailing the quantity of waste generated within the county that 
was not processed during the six months preceding the report, 
the reasons the waste was not processed, and a strategy for 
reducing the amount of unprocessed mixed municipal solid waste. 
    Subd. 4.  [COUNCIL REPORT.] The council shall include, as 
part of its report to the legislative commission on waste 
management required under section 473.149, an accounting of the 
quantity of unprocessed waste transferred to disposal 
facilities, the reasons the waste was not processed, a strategy 
for reducing the amount of unprocessed waste, and progress made 
by counties to reduce the amount of unprocessed waste.  The 
council may adopt standards for determining when waste is 
unprocessible and procedures for expediting certification and 
reporting of unprocessed waste. 
    Sec. 67.  Laws 1984, chapter 644, section 85, as amended by 
Laws 1987, chapter 348, section 50, is amended to read: 
    Sec. 85.  [EFFECTIVE DATE.] 
    Sections 1 to 45, 48 to 51, 56 to 72, and 78 to 84 are 
effective the day following final enactment.  Sections 46, 47, 
and 73 to 77 are effective January 1, 1985, except that the fees 
imposed in sections 46, 47, and 73 shall be effective January 1, 
1990 1991, with respect to nonhazardous solid waste from 
metalcasting facilities.  Prior to January 1, 1990 1991, an 
operator of a facility that is located in the metropolitan area 
for the disposal of mixed municipal solid waste shall deduct 
from the disposal charge for nonhazardous solid waste from 
metalcasting facilities the fee imposed under sections 46, 47, 
and 73. 
     Section 52 is effective for taxable years after December 
31, 1983.  Section 55 is effective for sales after June 30, 
1984.  Sections 53 and 54 are effective for taxable years after 
December 31, 1984. 
    Sec. 68.  [SOLID WASTE MANAGEMENT DISTRICT; STUDY.] 
    The pollution control agency shall conduct a study of the 
legislation authorizing the establishment of solid waste 
management districts, Minnesota Statutes 1988, sections 115A.62 
to 115A.72, and related mechanisms, such as joint powers 
agreements authorized by Minnesota Statutes, section 471.59, to 
determine their effectiveness in the area of solid waste 
management.  By December 1, 1989, the agency shall report its 
findings, together with any recommendation for legislation, to 
the legislative commission on waste management. 
    Sec. 69.  [METROPOLITAN COUNCIL; SOLID WASTE POLICY PLAN.] 
    At the earliest practical date, the metropolitan council 
shall amend its solid waste management policy plan, required 
under Minnesota Statutes, section 473.149, to include a 
definition of and standards and criteria for a buffer area as 
that term is used in relation to the inventory of solid waste 
disposal sites in section 473.149, subdivision 2b, and other 
related state law.  The definition of buffer area must ensure, 
at a minimum, protection of surrounding land uses from adverse 
or incompatible impacts due to landfill operation and related 
activities. 
    Sec. 70.  [CLOSED MUNICIPAL LANDFILLS; FINANCIAL ASSURANCE 
AND CLOSURE REQUIREMENTS.] 
    A mixed municipal solid waste disposal facility that is 
open to the public and stops accepting waste before July 1, 
1990, is exempt from Minnesota Rules, parts 7035.2665 to 
7035.2805, relating to financial assurance requirements.  
    A mixed municipal solid waste disposal facility that is 
open to the public and is not permitted by the pollution control 
agency may close under agency rules that were in effect before 
November 14, 1988, if the facility does not accept solid waste 
after May 14, 1990, and completes closure activities as approved 
by the agency before November 14, 1990. 
    This section does not eliminate public owner or operator 
responsibility and liability for closure or postclosure care 
required of facilities under Minnesota Statutes, section 116.07 
and the rules promulgated under it.  
    The pollution control agency shall study additional 
alternatives within the financial assurance requirements in 
Minnesota Rules, parts 7035.2665 to 7035.2805, and report to the 
legislative commission on waste management by January 1, 1990. 
    Sec. 71.  [INTERIM PERMITTING AND USE REQUIREMENTS FOR 
COMBUSTION OF REFUSE DERIVED FUEL.] 
    Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
subdivision apply to this section.  
    (b) "Refuse derived fuel" means a product resulting from 
the processing of mixed municipal solid waste in a manner that 
reduces the quantity of noncombustible material present in the 
waste, reduces the size of waste components through shredding or 
other mechanical means, and produces a fuel suitable for 
combustion in existing or new solid fuel fired boilers.  
    (c) "Solid fuel fired boiler" means a device that is 
designed to combust solid fuel, including but not limited to:  
wood, coal, biomass, or lignite to produce steam or heat water.  
    (d) "Minor physical or operational modifications" means 
physical or operational changes that do not increase the rated 
energy production capacity of a solid fuel fired boiler and 
which do not involve capital costs in excess of 20 percent of a 
new solid fuel fired boiler having the same rated capacity.  
    Subd. 2.  [INTERIM PERMITTING AND USE OF REFUSE DERIVED 
FUEL.] (a) The provisions in this subdivision are applicable to 
the permitting and use of refuse derived fuel in solid fuel 
fired boilers for an interim period that expires on occurrence 
of the earliest of the following events:  
    (1) final promulgation of rules by the United States 
Environmental Protection Agency establishing new permitting, 
emissions or performance requirements for municipal waste 
combustion facilities; 
    (2) final promulgation of rules by the pollution control 
agency establishing new standards of performance for 
incinerators or solid waste energy recovery facilities; or 
    (3) June 30, 1991.  
    (b) Existing or new solid fuel fired boilers may utilize 
refuse derived fuel for up to 25 percent of their rated heat 
input capacity during the interim period under the following 
conditions:  
    (1) utilization of refuse derived fuel involves no 
modification or only minor modification to the solid fuel fired 
boiler; 
    (2) utilization of refuse derived fuel does not cause a 
violation of existing emissions limitations or ambient air 
quality standards applicable to the solid fuel fired boiler; and 
    (3) the solid fuel fired boiler has a valid permit to 
operate. 
    Sec. 72.  [ASH DEMONSTRATION PROJECTS.] 
    Subdivision 1.  [SEWAGE SLUDGE ASH DEMONSTRATION PROJECT.] 
The metropolitan waste control commission and the commissioner 
of transportation shall jointly conduct one or more 
demonstration projects to determine the long-term potential and 
effects of the use of sewage sludge ash generated by the 
commission as a fine aggregate in asphalt for use in state 
paving projects.  The metropolitan waste control commission and 
the commissioners of transportation and the pollution control 
agency shall assess the practicality, costs, and potential 
environmental effects of use of the ash in asphalt and shall 
report to the legislative commission on waste management by 
November 1, 1990.  The report must include a description of the 
projects undertaken, findings, and recommendations for further 
research needs and the future use of ash in asphalt.  
    Subd. 2.  [SOLID WASTE ASH PROJECT; REPORT.] The Hennepin 
county board and the commissioner of transportation shall 
jointly conduct a demonstration project to determine the 
long-term potential and effects of using solid waste ash as an 
aggregate in asphalt for use in road projects.  The 
commissioners of transportation and the pollution control agency 
shall assess the practicality, costs, and potential effects of 
the use of the ash in asphalt and shall submit a report to the 
legislative commission on waste management by May 1, 1990.  The 
report must include a description of the projects undertaken, 
findings, and recommendations for the future research needs and 
future use of ash in asphalt. 
     Subd. 3.  [INDEMNIFICATION.] The state, through the general 
fund, assumes any and all liability related to the projects 
authorized in this section that is imposed on the metropolitan 
waste control commission, the commissioner of transportation, 
the county of Hennepin, and their employees, agents, and 
contractors, if the liability is based on classification of the 
ash as hazardous waste or a pollutant or contaminant under state 
or federal law.  The state assumes the liability only if: 
    (1) the project is conducted in compliance with a permit 
issued by the pollution control agency; and 
    (2) if the entity held liable used due care in implementing 
the project. 
    The commissioner of transportation and the commissioner's 
agents and contractors are not responsible parties under 
chapters 115 and 115B for a release that occurs as a result of a 
project authorized by this section. 
     Sec. 73.  [COLLECTOR COMPENSATION REPORT.] 
    The legislative commission on waste management with the 
participation of representatives of local government and of the 
solid waste collection industry shall prepare a report which 
examines whether and under what circumstances a local unit of 
government shall ensure just and reasonable compensation to 
solid waste collectors who are displaced when a local unit of 
government organizes solid waste collection under Minnesota 
Statutes, section 115A.94.  The commission shall complete its 
report and recommend for legislative action any compensation 
mechanism found necessary by January 31, 1990. 
    Sec. 74.  [EVALUATION OF GREATER MINNESOTA LANDFILL CLEANUP 
FUND.] 
    The legislative commission on waste management shall 
evaluate the effectiveness of the greater Minnesota landfill 
cleanup fund and the fees deposited in the fund to meet the 
needs for closure and post-closure care and provide 
recommendations for any legislative changes regarding the fee or 
the fund. 
    Sec. 75.  [USE OF GREATER MINNESOTA LANDFILL CLEANUP FEE 
UNTIL JULY 1, 1990.] 
    Notwithstanding section 21, subdivisions 2 and 3, and 
section 22, the entire amount of the fee imposed under section 
21, subdivision 1, until July 1, 1990, shall be paid by the 
operator of facilities to the county where the facilities are 
located.  The fees received by the counties may be spent only as 
provided in Minnesota Statutes, section 115A.919. 
      Sec. 76.  [APPROPRIATION.] 
     $10,000 is appropriated for fiscal year 1990 from the 
general fund for the purposes of section 73. 
    Sec. 77.  [REPEALER.] 
    Minnesota Statutes 1988, sections 115A.98 and 115B.29, 
subdivision 2, are repealed. 
    Sec. 78.  [INSTRUCTION TO REVISOR.] 
    The revisor of statutes is directed to change the words 
"hazardous substance" whenever they appear in Minnesota Statutes 
1988, sections 13.771 and 115B.28 to 115B.33, to "harmful 
substance" in the 1990 edition of Minnesota Statutes and 
subsequent editions to the statutes. 
    Sec. 79.  [EFFECTIVE DATE; APPLICATION.] 
    Section 6 is effective January 1, 1990.  
    Sections 20 and 22 to 25 are effective August 1, 1989. 
    Section 21 is effective January 1, 1990. 
    Section 8 is effective August 1, 1990. 
    Section 28 is effective June 30, 1989. 
    Sections 29 and 50 are effective the day following final 
enactment and apply to all response actions initiated or pending 
on or after that date. 
    Section 31 is effective the day following final enactment 
and section 31, paragraph (l), applies to expenditures resulting 
from emergencies that occur after January 1, 1988.  
    Sections 51 to 66 apply in the counties of Anoka, Carver, 
Dakota, Hennepin, Ramsey, Scott, and Washington and are 
effective August 1, 1989; except sections 60 to 63 are effective 
January 1, 1990; and section 59 is effective the day following 
final enactment.  
    Section 69 is effective the day following final enactment. 
    Presented to the governor May 30, 1989 
    Signed by the governor June 1, 1989, 11:49 p.m.