Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 131-S.F.No. 281 
           An act relating to agriculture; allowing nuisance 
          free, pollution free, aesthetic disposal of solid 
          waste on agricultural land by a person engaged in 
          farming; requiring planning and providing technical 
          and financial assistance for land application of 
          certain solid wastes; requiring the pollution control 
          agency to notify the commissioner of agriculture and 
          hold public hearings on rules affecting farming 
          operations; amending Minnesota Statutes 1988, sections 
          14.115, subdivision 1; 115A.46, subdivision 2; 
          115A.48, subdivisions 1, 2, and by adding a 
          subdivision; and 116.07, subdivision 4; proposing 
          coding for new law in Minnesota Statutes, chapter 17.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, section 14.115, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITION.] For purposes of this section, 
"small business" means a business entity, including farming and 
other agricultural operations and its affiliates, that (a) is 
independently owned and operated; (b) is not dominant in its 
field; and (c) employs fewer than 50 full-time employees or has 
gross annual sales of less than $4,000,000.  For purposes of a 
specific rule, an agency may define small business to include 
more employees if necessary to adapt the rule to the needs and 
problems of small businesses.  
    Sec. 2.  [17.135] [FARM DISPOSAL OF SOLID WASTE.] 
    A permit is not required from a state agency, except under 
sections 88.16, 88.17, and 88.22 for a person who owns or 
operates land used for farming that buries, or burns and buries, 
solid waste generated from the person's household or as part of 
the person's farming operation if the burying is done in a 
nuisance free, pollution free, and aesthetic manner on the land 
used for farming.  This exception does not apply if regularly 
scheduled pickup of solid waste is reasonably available at the 
person's farm, as determined by resolution of the county board 
of the county where the person's farm is located. 
    Sec. 3.  Minnesota Statutes 1988, section 115A.46, 
subdivision 2, is amended to read: 
    Subd. 2.  [CONTENTS.] 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.  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.  The plans shall require the most feasible 
and prudent reduction of the need for and practice of land 
disposal of mixed municipal solid waste.  The plans shall 
address at least waste reduction, separation, and resource 
recovery, and shall include objectives, immediately and over 
specified time periods, for reducing the land disposal of mixed 
municipal solid waste.  The plans shall describe methods for 
identifying the portions of the waste stream such as leaves, 
grass, clippings, tree and plant residue, and paper for 
application and mixing into the soil and use in agricultural 
practices.  The plans shall describe specific functions to be 
performed and activities to be undertaken to achieve the 
abatement objectives and shall describe the estimated cost, 
proposed manner of financing, and timing of the functions and 
activities.  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.  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.  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.  
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. 4.  Minnesota Statutes 1988, section 115A.48, 
subdivision 1, is amended to read: 
    Subdivision 1.  [AUTHORITY.] The board shall assist and 
encourage the development of specific facilities, services, and 
uses needed to provide adequate, stable, and reliable markets 
for recyclable materials, solid waste suitable for land 
application, and compost generated in the state.  In carrying 
out this duty the board shall coordinate and cooperate with the 
solid waste management efforts of other public agencies and 
political subdivisions. 
    Sec. 5.  Minnesota Statutes 1988, section 115A.48, 
subdivision 2, is amended to read: 
    Subd. 2.  [FACILITY DEVELOPMENT PROPOSALS.] In order to 
determine the feasibility and method of developing and operating 
specific types of facilities and services to use recyclable 
materials, solid waste suitable for land application, and 
compost generated in the state, the board shall request 
proposals from and may make grants to persons seeking to develop 
or operate the facilities or services.  Grants may be made for 
the purposes in section 115A.156, subdivision 1, clauses (1) to 
(6).  A grant must be matched by money or in-kind services 
provided by the grantee covering at least 50 percent of the 
project cost.  In requesting proposals under this section the 
board shall follow the procedures provided in section 115A.158, 
subdivisions 1 and 2, as far as practicable.  
    Sec. 6.  Minnesota Statutes 1988, section 115A.48, is 
amended by adding a subdivision to read: 
    Subd. 4.  [LAND APPLICATION OF SOLID WASTE.] The board 
shall provide technical assistance and advice to political 
subdivisions on separating portions of the waste stream such as 
leaves, grass, clippings, tree and plant residue, and paper for 
application and mixing into the soil and for use in agricultural 
practices. 
    Sec. 7.  Minnesota Statutes 1988, section 116.07, 
subdivision 4, is amended to read: 
    Subd. 4.  [RULES AND STANDARDS.] Pursuant and subject to 
the provisions of chapter 14, and the provisions hereof, the 
pollution control agency may adopt, amend and rescind rules and 
standards having the force of law relating to any purpose within 
the provisions of Laws 1969, chapter 1046, for the prevention, 
abatement, or control of air pollution.  Any such rule or 
standard may be of general application throughout the state, or 
may be limited as to times, places, circumstances, or conditions 
in order to make due allowance for variations therein.  Without 
limitation, rules or standards may relate to sources or 
emissions of air contamination or air pollution, to the quality 
or composition of such emissions, or to the quality of or 
composition of the ambient air or outdoor atmosphere or to any 
other matter relevant to the prevention, abatement, or control 
of air pollution. 
     Pursuant and subject to the provisions of chapter 14, and 
the provisions hereof, the pollution control agency may adopt, 
amend, and rescind rules and standards having the force of law 
relating to any purpose within the provisions of Laws 1969, 
chapter 1046, for the collection, transportation, storage, 
processing, and disposal of solid waste and the prevention, 
abatement, or control of water, air, and land pollution which 
may be related thereto, and the deposit in or on land of any 
other material that may tend to cause pollution.  The agency 
shall adopt such rules and standards for sewage sludge, 
addressing the intrinsic suitability of land, the volume and 
rate of application of sewage sludge of various degrees of 
intrinsic hazard, design of facilities, and operation of 
facilities and sites.  The agency shall promulgate emergency 
rules for sewage sludge pursuant to sections 14.29 to 14.36.  
Notwithstanding the provisions of sections 14.29 to 14.36, the 
emergency rules shall be effective until permanent rules are 
promulgated or March 1, 1982, whichever is earlier.  Any such 
rule or standard may be of general application throughout the 
state or may be limited as to times, places, circumstances, or 
conditions in order to make due allowance for variations 
therein.  Without limitation, rules or standards may relate to 
collection, transportation, processing, disposal, equipment, 
location, procedures, methods, systems or techniques or to any 
other matter relevant to the prevention, abatement or control of 
water, air, and land pollution which may be advised through the 
control of collection, transportation, processing, and disposal 
of solid waste and sewage sludge, and the deposit in or on land 
of any other material that may tend to cause pollution.  By 
January 1, 1983, the rules for the management of sewage sludge 
shall include an analysis of the sewage sludge determined by the 
commissioner of agriculture to be necessary to meet the soil 
amendment labeling requirements of section 17.716.  
     Pursuant and subject to the provisions of chapter 14, and 
the provisions hereof, the pollution control agency may adopt, 
amend and rescind rules and standards having the force of law 
relating to any purpose within the provisions of Laws 1971, 
chapter 727, for the prevention, abatement, or control of noise 
pollution.  Any such rule or standard may be of general 
application throughout the state, or may be limited as to times, 
places, circumstances or conditions in order to make due 
allowances for variations therein.  Without limitation, rules or 
standards may relate to sources or emissions of noise or noise 
pollution, to the quality or composition of noises in the 
natural environment, or to any other matter relevant to the 
prevention, abatement, or control of noise pollution. 
     As to any matters subject to this chapter, local units of 
government may set emission regulations with respect to 
stationary sources which are more stringent than those set by 
the pollution control agency. 
     Pursuant to chapter 14, the pollution control agency may 
adopt, amend, and rescind rules and standards having the force 
of law relating to any purpose within the provisions of this 
chapter for generators of hazardous waste, the management, 
identification, labeling, classification, storage, collection, 
treatment, transportation, processing, and disposal of hazardous 
waste and the location of hazardous waste facilities.  A rule or 
standard may be of general application throughout the state or 
may be limited as to time, places, circumstances, or conditions. 
In implementing its hazardous waste rules, the pollution control 
agency shall give high priority to providing planning and 
technical assistance to hazardous waste generators.  The agency 
shall assist generators in investigating the availability and 
feasibility of both interim and long term hazardous waste 
management methods.  The methods shall include waste reduction, 
waste separation, waste processing, resource recovery, and 
temporary storage. 
    The pollution control agency shall give highest priority in 
the consideration of permits to authorize disposal of diseased 
shade trees by open burning at designated sites to evidence 
concerning economic costs of transportation and disposal of 
diseased shade trees by alternative methods. 
    In addition to the provisions under section 14.115, before 
the pollution control agency adopts or repeals rules that affect 
farming operations, the agency must provide a copy of the 
proposed rule change and a statement of the effect of the rule 
change on farming operations to the commissioner of agriculture 
for review and comment and hold public meetings in agricultural 
areas of the state.  
    Sec. 8.  [EFFECTIVE DATE.] 
    Sections 1 to 7 are effective the day after final enactment.
    Presented to the governor May 12, 1989 
    Signed by the governor May 15, 1989, 5:43 p.m.