Office of the Revisor of Statutes
Minnesota Session Laws - 1989, Regular Session
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.
Official Publication of the State of Minnesota
Revisor of Statutes