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Office of the Revisor of Statutes

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

  

                         Laws of Minnesota 1991 

                        CHAPTER 337-H.F.No. 303 
           An act relating to waste management; making changes to 
          state and local government responsibility and 
          authority for waste management; placing emphasis on 
          waste reduction and recycling; establishing 
          specifications for recycled CFCs; adjusting waste 
          facility siting processes; abolishing the inventory 
          process for solid waste disposal facilities in the 
          metropolitan area; providing for an air quality 
          review; amending Minnesota Statutes 1990, sections 
          3.195, subdivision 1; 3.887, subdivision 5; 16B.122; 
          16B.61, subdivision 3a; 115A.02; 115A.03, subdivisions 
          17a and 21; 115A.06, subdivision 2; 115A.14, 
          subdivision 4; 115A.15, subdivisions 7 and 9; 
          115A.151; 115A.411, subdivision 1; 115A.46, 
          subdivision 1, and by adding a subdivision; 115A.49; 
          115A.53; 115A.551, subdivisions 1, 4, and by adding a 
          subdivision; 115A.552, subdivisions 1, 2, and by 
          adding a subdivision; 115A.554; 115A.557, subdivision 
          4; 115A.64, subdivision 2; 115A.67; 115A.83; 115A.84, 
          subdivision 2, and by adding a subdivision; 115A.86, 
          subdivision 5, and by adding a subdivision; 115A.882; 
          115A.9162, subdivision 2; 115A.919; 115A.921; 
          115A.923, subdivisions 1 and 1a; 115A.93, subdivision 
          3, and by adding a subdivision; 115A.931; 115A.94, 
          subdivision 4; 115A.9561; 115A.96, subdivision 6; 
          115A.97, subdivision 4; 115B.04, subdivision 4; 
          115B.22, subdivision 8; 116.07, subdivision 4j; 
          325E.042, subdivision 2; 325E.115, subdivision 1; 
          325E.1151, subdivision 3; 400.08, subdivision 1; 
          458D.07, subdivision 5, and by adding a subdivision; 
          473.149, subdivisions 2e and 4; 473.803, subdivisions 
          2 and 4; 473.811, subdivisions 1, 1a, 3, 4a, 5, 6, 7, 
          8, and 9; 473.823, subdivisions 5 and 6; 473.845, 
          subdivisions 3 and 4; 473.848, subdivision 2, and by 
          adding a subdivision; proposing coding for new law in 
          Minnesota Statutes, chapters 115A; 116; and 473; 
          repealing Minnesota Statutes 1990, sections 16B.125; 
          115A.953; 325E.045; 473.149, subdivision 2b; 473.803, 
          subdivision 1a; 473.806; 473.831; 473.833; 473.840; 
          473.844, subdivision 3; and Laws 1989, chapter 325, 
          section 72, subdivision 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 3.195, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DISTRIBUTION OF REPORTS.] (a) A report to 
the legislature required of a department or agency shall be 
made, unless otherwise specifically required by law, by filing 
one copy with the secretary of the senate, one copy with the 
chief clerk of the house of representatives, and ten six copies 
with the legislative reference library.  The same distribution 
procedure shall be followed for other reports and publications 
unless otherwise requested by a legislator or the legislative 
reference library.  
    (b) A public entity as defined in section 16B.122, shall 
not distribute a report or publication to a member or employee 
of the legislature, except the secretary of the senate, the 
chief clerk of the house of representatives, and the legislative 
reference library, unless the entity has determined that the 
member or employee wants the reports or publications published 
by that entity or the member or employee has requested the 
report or publication.  This prohibition applies to both 
mandatory and voluntary reports and publications.  A report or 
publication may be summarized in an executive summary and 
distributed as the entity chooses.  Distribution of a report to 
legislative committee or commission members during a committee 
or commission hearing is not prohibited by this section. 
    (c) A report or publication produced by a public entity may 
not be sent to both the home address and the office address of a 
representative or senator unless mailing to both addresses is 
requested by the representative or senator. 
    (d) Reports, publications, periodicals, and summaries under 
this subdivision must be printed in a manner consistent with 
section 16B.122. 
    Sec. 2.  Minnesota Statutes 1990, section 3.887, 
subdivision 5, is amended to read: 
    Subd. 5.  [POWERS AND DUTIES.] (a) The legislative water 
commission shall review water policy reports and recommendations 
of the environmental quality board, the biennial report of the 
board of water and soil resources, and other water-related 
reports as may be required by law or the legislature.  
    (b) The commission shall oversee the activities of the 
pollution control agency under sections 116.16 to 116.181 
relating to water pollution control. 
    (b) (c) The commission may conduct public hearings and 
otherwise secure data and comments.  
    (c) (d) The commission shall make recommendations as it 
deems proper to assist the legislature in formulating 
legislation.  
    (d) (e) Data or information compiled by the legislative 
water commission or its subcommittees shall be made available to 
the legislative commission on Minnesota resources and standing 
and interim committees of the legislature on request of the 
chair of the respective commission or committee. 
    Sec. 3.  Minnesota Statutes 1990, section 16B.122, is 
amended to read: 
    16B.122 [PURCHASE AND USE OF PAPER STOCK; PRINTING.] 
    Subdivision 1.  [DEFINITIONS.] The definitions in this 
subdivision apply to this section. 
    (a) "Office paper" means notepads, loose-leaf fillers, 
tablets, and other paper commonly used in offices. 
    (b) "Postconsumer material" means a finished material that 
would normally be discarded as a solid waste, having completed 
its life cycle as a consumer item. 
    (c) "Practicable" means capable of being used, consistent 
with performance, in accordance with applicable specifications, 
and availability within a reasonable time. 
    (c) (d) "Printing paper" means paper designed for printing, 
other than newsprint, such as offset and publication paper. 
    (d) (e) "Public agency entity" means the state, an office, 
agency, or institution of the state, the metropolitan council, a 
metropolitan agency, the metropolitan mosquito control district, 
the legislature, the courts, a county, a statutory or home rule 
charter city, a town, a school district, another special taxing 
district, or any contractor acting pursuant to a contract with a 
public agency entity. 
    (e) (f) "Soy-based ink" means printing ink made from soy 
oil. 
    (g) "Uncoated" means not coated with plastic, clay, or 
other material used to create a glossy finish. 
    Subd. 2.  [PURCHASE REQUIRED PURCHASES; PRINTING.] (a)  
Whenever practicable, a public agency entity shall:  
    (1) purchase uncoated office paper and printing 
paper whenever practicable.; 
    (2) purchase recycled content paper with at least ten 
percent postconsumer material by weight; 
    (3) purchase paper which has not been dyed with colors, 
excluding pastel colors; 
    (4) purchase recycled content paper that is manufactured 
using little or no chlorine bleach or chlorine derivatives; 
    (5) use no more than two colored inks, standard or 
processed, except in formats where they are necessary to convey 
meaning; 
    (6) use reusable binding materials or staples and bind 
documents by methods that do not use glue; 
    (7) use soy-based inks; and 
    (8) produce reports, publications, and periodicals that are 
readily recyclable within the state resources recovery program. 
    (b) Paragraph (a), clause (1), does not apply to coated 
paper that is made with at least 50 percent fiber that has been 
recycled after use by a consumer. 
    (c) A public entity shall print documents on both sides of 
the paper where commonly accepted publishing practices allow.  
    Sec. 4.  Minnesota Statutes 1990, section 16B.61, 
subdivision 3a, is amended to read: 
    Subd. 3a.  [RECYCLING SPACE.] The code must require 
suitable space for the separation, collection, and temporary 
storage of recyclable materials within or adjacent to new or 
significantly remodeled structures that contain 1,000 square 
feet or more.  Residential structures with less fewer than 12 
four dwelling units are exempt from this subdivision. 
    Sec. 5.  Minnesota Statutes 1990, section 115A.02, is 
amended to read: 
    115A.02 [LEGISLATIVE DECLARATION OF POLICY; PURPOSES.] 
    (a) It is the goal of this chapter to improve waste 
management in the state to serve the following purposes:  
    (1) Reduction in waste generated; 
    (2) Separation and recovery of materials and energy from 
waste; 
    (3) Reduction in indiscriminate dependence on disposal of 
waste; 
    (4) Coordination of solid waste management among political 
subdivisions; and 
    (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) composting of yard waste and food waste; 
    (4) resource recovery through mixed municipal solid waste 
composting or incineration; and 
    (4) (5) land disposal. 
    Sec. 6.  Minnesota Statutes 1990, section 115A.03, 
subdivision 17a, is amended to read: 
    Subd. 17a.  [MAJOR APPLIANCES.] "Major appliances" means 
clothes washers and dryers, dishwashers, hot water 
heaters, residential furnaces, garbage disposals, trash 
compactors, conventional and microwave ovens, ranges and stoves, 
air conditioners, dehumidifiers, refrigerators, and freezers. 
     Sec. 7.  Minnesota Statutes 1990, section 115A.03, 
subdivision 21, is amended to read: 
    Subd. 21.  [MIXED MUNICIPAL SOLID WASTE.] "Mixed municipal 
solid waste" means garbage, refuse, and other solid waste from 
residential, commercial, industrial, and community 
activities which is generated and collected in aggregate that 
the generator of the waste aggregates for collection, but does 
not include auto hulks, street sweepings, ash, construction 
debris, mining waste, sludges, tree and agricultural wastes, 
tires, lead acid batteries, used oil, and other materials 
collected, processed, and disposed of as separate waste streams. 
    Sec. 8.  Minnesota Statutes 1990, section 115A.06, 
subdivision 2, is amended to read: 
    Subd. 2.  [RULES.] Unless otherwise provided, the 
office director shall promulgate rules in accordance with 
chapter 15 14 to govern its activities and implement sections 
115A.01 to 115A.72 chapter 115A. 
    Sec. 9.  Minnesota Statutes 1990, section 115A.14, 
subdivision 4, is amended to read: 
    Subd. 4.  [POWERS AND DUTIES.] (a) The commission shall 
oversee the activities of the office under this chapter, agency, 
and metropolitan council relating to solid and hazardous waste 
management, the activities of the agency under sections 116.16 
to 116.181 relating to water pollution control, and the 
activities of the metropolitan council relating to metropolitan 
waste management under sections 473.801 to 473.848, and direct 
such changes or additions in the work plan of the office and, 
agency, and council relating to solid and hazardous waste 
management as it the commission deems fit. 
    (b) The commission shall make recommendations to the 
standing legislative committees on finance and appropriations 
for appropriations from: 
    (1) the environmental response, compensation, and 
compliance account in the environmental fund under section 
115B.20, subdivision 5; 
    (2) the metropolitan landfill abatement account under 
section 473.844; and 
    (3) the metropolitan landfill contingency action trust fund 
under section 473.845. 
    (c) The commission may conduct public hearings and 
otherwise secure data and expressions of opinion.  The 
commission shall make such recommendations as it deems proper to 
assist the legislature in formulating legislation.  Any data or 
information compiled by the commission shall be made available 
to any standing or interim committee of the legislature upon 
request of the chair of the respective committee.  
    Sec. 10.  Minnesota Statutes 1990, section 115A.15, 
subdivision 7, is amended to read: 
    Subd. 7.  [WASTE REDUCTION PROCUREMENT MODEL.] To reduce 
the amount of solid waste generated by the state and to provide 
a model for other public and private procurement systems, the 
commissioner, in cooperation with the director of the office of 
waste management, shall develop waste reduction procurement 
programs, including an expanded life cycle costing system for 
procurement of durable and repairable items by November 1, 
1991.  On implementation of the model procurement system, the 
commissioner, in cooperation with the director, shall develop 
and distribute informational materials for the purpose of 
promoting the procurement model to other public and private 
entities under section 115A.072, subdivision 4. 
    Sec. 11.  Minnesota Statutes 1990, section 115A.15, 
subdivision 9, is amended to read: 
    Subd. 9.  [RECYCLING GOAL.] By December 31, 1993, the 
commissioner shall recycle at least 40 percent by weight of the 
solid waste generated by state offices and other state 
operations located in the metropolitan area.  The commissioner 
must keep records of the recycling and composting operation and 
share them annually with the metropolitan council and counties 
to assist the council and the counties in their data collection 
efforts.  By August 1 of each year the commissioner shall report 
to the office and the metropolitan council the recycling rates 
by county for state offices and other state operations in the 
metropolitan area for the previous fiscal year.  The office 
shall incorporate these figures into the reports submitted by 
the counties under section 115A.557, subdivision 3, to determine 
each county's progress toward the goal in section 115A.551, 
subdivision 2. 
    Each state agency in the metropolitan area shall work to 
meet the recycling goal individually.  If the goal is not met by 
an agency, the commissioner shall notify that agency that the 
goal has not been met and the reasons the goal has not been met 
and shall provide information to the employees in the agency 
regarding recycling opportunities and expectations. 
    Sec. 12.  Minnesota Statutes 1990, section 115A.151, is 
amended to read: 
    115A.151 [STATE AND LOCAL FACILITIES.] 
    By January 1, 1991, a state agency or local unit of 
government or school district in the metropolitan area or by 
January 1, 1993, a state agency or local unit of government or 
school district outside of the metropolitan area shall: 
    (1) ensure that facilities under its control, from which 
mixed municipal solid waste is collected, have containers for at 
least three of the following recyclable materials:  paper, 
glass, plastic, and metal; and 
    (2) transfer all recyclable materials collected to a 
recycler. 
    Sec. 13.  [115A.31] [LOCAL GOVERNMENT DECISIONS; 
TIMELINES.] 
    If a county applies for or requests approval of 
establishment of a solid waste facility within the boundaries of 
a local government unit, the local government unit shall approve 
or disapprove the application or request within 120 days 
following the delivery by the county to the local government 
unit of the application or request completed in accordance with 
the requirements of applicable local ordinances. 
    If the proposed facility is one for which an environmental 
impact statement or environmental assessment worksheet is 
required under section 116D.04, the local government unit shall 
approve or disapprove the application or request within 90 days 
after the final determination of adequacy of the environmental 
impact statement or environmental assessment worksheet. 
    Sec. 14.  Minnesota Statutes 1990, section 115A.411, 
subdivision 1, is amended to read: 
    Subdivision 1.  [AUTHORITY; PURPOSE.] The office and 
director with assistance from the agency commissioner shall 
jointly prepare and adopt a report on solid waste management 
policy excluding the metropolitan area.  The report must be 
adopted by November 15 of each even-numbered year beginning in 
1988.  The report must be submitted by the office and the agency 
jointly director to the legislative commission on waste 
management by November 15 of each even-numbered year and may 
include reports required under sections 115A.551, subdivision 4, 
and 115A.557, subdivision 4.  
    Sec. 15.  Minnesota Statutes 1990, section 115A.46, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GENERAL.] (a) Plans shall address the 
state policies and purposes expressed in section 115A.02 and may 
not be inconsistent with state law.  
    (b) Plans for the location, establishment, operation, 
maintenance, and postclosure use of facilities and facility 
sites, for ordinances, and for licensing, permit, and 
enforcement activities shall be consistent with the rules 
adopted by the agency pursuant to chapter 116. 
     (c) Plans shall address:  
    (1) the resolution of conflicting, duplicative, or 
overlapping local management efforts.  Plans shall address; 
    (2) the establishment of joint powers management programs 
or waste management districts where appropriate.  Plans shall 
address; and 
    (3) other matters as the rules of the office may require 
consistent with the purposes of sections 115A.42 to 115A.46.  
     (d) Political subdivisions preparing plans under sections 
115A.42 to 115A.46 shall consult with persons presently 
providing solid waste collection, processing, and disposal 
services.  
    (e) Plans shall must be approved by submitted to the 
office director, or the metropolitan council pursuant to section 
473.803, for approval.  When a county board is ready to have a 
final plan approved, the county board shall submit a resolution 
requesting review and approval by the director or the 
metropolitan council.  After receiving the resolution, the 
director or the metropolitan council shall notify the county 
within 45 days whether the plan as submitted is complete and, if 
not complete, the specific items that need to be submitted to 
make the plan complete.  Within 90 days after a complete plan 
has been submitted, the director or the metropolitan council 
shall approve or disapprove the plan.  If the plan is 
disapproved, reasons for the disapproval must be provided.  
    (f) After initial approval, each plan shall must be updated 
and submitted for approval every five years and.  The plan must 
be revised as necessary for further approval so that it is not 
inconsistent with state law. 
    Sec. 16.  Minnesota Statutes 1990, section 115A.46, is 
amended by adding a subdivision to read: 
    Subd. 5.  [JURISDICTION OF PLAN.] (a) After a county plan 
has been submitted for approval under subdivision 1, a political 
subdivision within the county may not enter into a binding 
agreement governing a solid waste management activity that is 
inconsistent with the county plan without the consent of the 
county. 
    (b) After a county plan has been approved under subdivision 
1, the plan governs all solid waste management in the county and 
a political subdivision within the county may not develop or 
implement a solid waste management activity, other than an 
activity to reduce waste generation or reuse waste materials, 
that is inconsistent with the county plan that the county is 
actively implementing without the consent of the county.  
    Sec. 17.  Minnesota Statutes 1990, section 115A.49, is 
amended to read: 
    115A.49 [ESTABLISHMENT; PURPOSES AND PRIORITIES.] 
    There is established a program to encourage and assist 
cities, counties, solid waste management districts, and sanitary 
districts in the development and implementation of solid waste 
management projects and to transfer the knowledge and experience 
gained from such projects to other communities in the state.  
The program must be administered to encourage local communities 
to develop feasible and prudent alternatives to disposal, 
including waste reduction; waste separation by generators, 
collectors, and other persons; and waste processing.  The 
director shall administer the program must be administered by 
the office in accordance with the requirements of sections 
115A.49 to 115A.54 and rules promulgated by the office pursuant 
to under chapter 14.  In administering the program, the office 
director shall give priority to projects in the order of 
preference of the waste management practices listed in section 
115A.02.  The director shall give special consideration to areas 
where natural geologic and soil conditions are especially 
unsuitable for land disposal of solid waste; areas where the 
capacity of existing solid waste disposal facilities is 
determined by the office director to be less than five years; 
and projects serving more than one local government unit. 
    Sec. 18.  Minnesota Statutes 1990, section 115A.53, is 
amended to read: 
    115A.53 [WASTE REDUCTION AND SEPARATION PROJECTS.] 
    The office director shall provide grants to develop and 
implement projects for waste reduction; waste separation by 
generators, collectors, and other persons; and collection 
systems for separated waste.  Activities eligible for assistance 
under this section include legal, financial, economic, 
educational, marketing, social, governmental, and administrative 
activities related to the development and implementation of the 
project.  Preliminary planning and development, feasibility 
study, and conceptual design costs are eligible activities, but 
no more than 20 percent of program funds shall be used to fund 
those activities.  Projects may include the management of 
household hazardous waste, as defined in section 115A.96.  The 
director shall give priority to innovative methods for waste 
separation for reuse and recycling.  The rules of the 
office director shall prescribe by rule the level or levels of 
local funding required for grants under this section.  
    Sec. 19.  Minnesota Statutes 1990, section 115A.551, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITION.] (a) For the purposes of this 
section, "recycling" means, in addition to the meaning given in 
section 115A.03, subdivision 25b, yard waste composting, and 
recycling that occurs through mechanical or hand separation of 
materials that are then delivered for reuse in their original 
form or for use in manufacturing processes that do not cause the 
destruction of recyclable materials in a manner that precludes 
further use. 
    (b) For the purposes of this section, "total solid waste 
generation" means the total by weight of: 
    (1) materials separated for recycling; 
    (2) materials separated for yard waste composting; and 
    (3) mixed municipal solid waste plus yard waste, used oil, 
tires, lead acid batteries, and major appliances; and 
    (4) residential waste materials that would be mixed 
municipal solid waste but for the fact that they are not 
collected as such. 
    Sec. 20.  Minnesota Statutes 1990, section 115A.551, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [SUPPLEMENTARY RECYCLING GOALS.] By July 31, 
1996, each county will have as a goal to recycle the following 
amounts: 
    (1) for a county outside of the metropolitan area, 30 
percent by weight of total solid waste generation; 
    (2) for a metropolitan county, 45 percent by weight of 
total solid waste generation. 
    Each county will develop and implement or require political 
subdivisions within the county to develop and implement 
programs, practices, or methods designed to meet its recycling 
goal.  Nothing in this section or in any other law may be 
construed to prohibit a county from establishing a higher 
recycling goal.  For the purposes of this subdivision "total 
solid waste generation" has the meaning given it in subdivision 
1, except that it does not include yard waste. 
    Sec. 21.  Minnesota Statutes 1990, section 115A.551, 
subdivision 4, is amended to read: 
    Subd. 4.  [INTERIM MONITORING.] The office, for counties 
outside of the metropolitan area, and the metropolitan council, 
for counties within the metropolitan area, shall monitor the 
progress of each county toward meeting the recycling goal in 
subdivision 2 and shall report to the legislative commission on 
waste management on the progress of the counties by November 1 
15 of each year.  If the office or the council finds that a 
county is not progressing toward the goal in subdivision 2, it 
shall negotiate with the county to develop and implement solid 
waste management techniques designed to assist the county in 
meeting the goal, such as organized collection, curbside 
collection of source-separated materials, and volume-based 
pricing. 
    In even-numbered years the progress report may be included 
in the solid waste management policy report required under 
section 115A.411. 
    Sec. 22.  Minnesota Statutes 1990, section 115A.552, 
subdivision 1, is amended to read: 
    Subdivision 1.  [COUNTY REQUIREMENT.] Counties shall ensure 
that residents, including residents of single and multifamily 
dwellings, have an opportunity to recycle. At least one 
recycling center shall be available in each county.  Opportunity 
to recycle means availability of recycling and curbside pickup 
or collection centers for recyclable materials at sites that are 
convenient for persons to use.  Counties shall also provide for 
the recycling of problem materials and major appliances.  
Counties shall assess the operation of existing and proposed 
recycling centers and shall give due consideration to those 
centers in ensuring the opportunity to recycle.  To the extent 
practicable, the costs incurred by a county for collection, 
storage, transportation, and recycling of major appliances must 
be collected from persons who discard the major appliances. 
    Sec. 23.  Minnesota Statutes 1990, section 115A.552, 
subdivision 2, is amended to read: 
    Subd. 2.  [RECYCLING OPPORTUNITIES.] An opportunity to 
recycle must include:  
    (1) a local recycling center in the county and sites for 
collecting recyclable materials that are located in areas 
convenient for persons to use them; 
    (2) curbside pickup, centralized drop-off, or a local 
recycling center for at least four kinds broad types of 
recyclable materials in cities with a population of 5,000 or 
more persons; and 
    (3) monthly pickup of at least four broad types of 
recyclable materials in cities of the first and second class and 
cities with 5,000 or more population in the metropolitan area. 
    Sec. 24.  Minnesota Statutes 1990, section 115A.552, is 
amended by adding a subdivision to read: 
    Subd. 4.  [NONRESIDENTIAL RECYCLING.] Each county shall 
encourage building owners and managers, business owners and 
managers, and collectors of commercial mixed municipal solid 
waste to provide appropriate recycling services and 
opportunities to generators of commercial, industrial, and 
institutional solid waste in the county. 
    Sec. 25.  Minnesota Statutes 1990, section 115A.554, is 
amended to read: 
    115A.554 [AUTHORITY OF SANITARY DISTRICTS.] 
    A sanitary district with the authority to regulate solid 
waste has the authority and duty of counties within the 
district's boundary for purposes of sections 115A.46, 
subdivision 4; 115A.48; 115A.551; 115A.552; 115A.553; 115A.919; 
115A.93; 115A.96, subdivision 6; 115A.961; 115A.991; 375.18, 
subdivision 14; and 400.08, subdivision 5. 
    Sec. 26.  Minnesota Statutes 1990, section 115A.557, 
subdivision 4, is amended to read: 
    Subd. 4.  [REPORT.] By November 1 15 of each year, the 
office shall report on how the money was spent and the resulting 
statewide improvements in solid waste management to the house of 
representatives and senate appropriations and finance committees 
and the legislative commission on waste management.  In 
even-numbered years the report may be included in the solid 
waste management policy report required under section 115A.411. 
    Sec. 27.  Minnesota Statutes 1990, section 115A.64, 
subdivision 2, is amended to read: 
    Subd. 2.  [PETITION CONTENTS.] (a) A petition requesting 
establishment or alteration of a waste district shall must 
contain the information the office director may require, 
including at least the following:  
    (a) (1) the name of the proposed district; 
    (b) (2) a description of the territory and political 
subdivisions within and the boundaries of the proposed district 
or alteration thereto, along with a map showing the district or 
alteration; 
    (c) (3) resolutions of support for the district, as 
proposed to the office, from the governing body of each of the 
petitioning counties; 
    (d) (4) a statement of the reason, necessity, and purpose 
for the district, plus a general description of the solid waste 
management improvements and facilities contemplated for the 
district showing how its activities will accomplish the purpose 
of the district and the purposes for waste resource districts 
stated in sections 115A.62 to 115A.72; 
    (e) (5) articles of incorporation stating: 
    (i) the powers of the district consistent with sections 
115A.62 to 115A.72, including a statement of powers proposed 
pursuant to sections 115A.70 and, 115A.71, and 115A.715; and 
    (ii) provisions for representation and election of the 
board of directors of the district.  
    (b) After the petition has been filed, no petitioner may 
withdraw from it except with the written consent of all other 
petitioners filed with the office for the district. 
    Sec. 28.  Minnesota Statutes 1990, section 115A.67, is 
amended to read: 
    115A.67 [ORGANIZATION OF DISTRICT.] 
    The governing body of each county wholly or partly within 
the district shall appoint two persons to serve on the first 
board of directors of the district, except that in the case of a 
district having territory within only two counties each county 
may appoint three persons.  At least one person appointed by 
each county shall be an elected official of a local government 
unit having territory within the district.  The first chair of 
the board of directors shall be appointed from outside the first 
board of directors by the director of the office of waste 
management.  The first chair shall serve for a term of two 
years.  Thereafter 
    Subdivision 1.  [BOARD.] The chair shall be elected from 
outside the board of directors by majority vote of the board of 
directors.  The first chair shall serve for a term of two 
years.  Members of the board of directors shall be residents of 
the district.  
    Subd. 2.  [FIRST MEETING.] The first meeting of the board 
of directors shall be held at the call of the chair, after 
notice, for the purpose of proposing the bylaws, electing 
officers and for any other business that comes before the 
meeting.  The bylaws of the district, and amendments thereto, 
shall be adopted by a majority vote of the board of directors 
unless the certificate of incorporation requires a greater vote. 
    Subd. 3.  [BYLAWS.] The bylaws shall state: 
    (a) the manner and time of calling regular meetings of the 
representatives and the board of directors, not less than once 
annually; 
    (b) the title, manner of selection, and term of office of 
officers of the district; 
    (c) the term of office of members of the board of 
directors, the manner of their removal, and the manner of 
filling vacancies on the board of directors; 
    (d) the powers and duties of the board of directors 
consistent with the order and articles of incorporation 
establishing the district; 
    (e) the definition of a quorum for meetings of the board of 
directors, which shall be not less than a majority of the 
members; 
    (f) the compensation and reimbursement for expenses for 
members of the board of directors, which shall not exceed that 
provided for in section 15.0575, subdivision 3; and 
    (g) such other provisions for regulating the affairs of the 
district as the board of directors shall determine to be 
necessary. 
    Sec. 29.  [115A.715] [SOLID WASTE AUTHORITY.] 
    A district has all the authority of a county for solid 
waste management purposes that is given to counties under this 
chapter and chapters 400 and 473, except the authority to issue 
general obligation bonds or to levy property taxes.  A district 
has the authority of a county to issue general obligation bonds 
and to levy property taxes only if and only to the extent that 
the governing body of each county that is a member of the 
district agrees to delegate the authority to the district.  The 
delegation of the authority is irrevocable unless the governing 
body of each county that is a member of the district agrees to 
the revocation.  
    Sec. 30.  Minnesota Statutes 1990, section 115A.83, is 
amended to read: 
    115A.83 [EXEMPTION.] 
    The designation may not apply to or include:  
    (1) materials that are separated from mixed municipal solid 
waste and recovered for reuse in their original form or for use 
in manufacturing processes; or 
    (2) materials that are processed at a resource recovery 
facility at the capacity in operation at the time that the 
designation plan is approved by the reviewing authority; or 
    (3) materials that are separated at a permitted transfer 
station located within the boundaries of the designating 
authority for the purpose of recycling the materials if:  (i) 
the transfer station was in operation on January 1, 1991; or (ii)
the materials were not being separated for recycling at the 
designated facility at the time the transfer station began 
separation of the materials.  
    For the purposes of this section, "manufacturing processes" 
does not include the treatment of waste after collection for the 
purpose of composting. 
      The exemptions in this section apply to only those 
materials separated from mixed municipal solid waste that are 
managed in a manner that is preferred over the primary 
management method of the designated facility under section 
115A.02, paragraph (b). 
    Sec. 31.  Minnesota Statutes 1990, section 115A.84, 
subdivision 2, is amended to read: 
    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; 
    (5) other feasible and prudent waste 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 or for one year after the date notice is given, 
whichever period is shorter. 
    Sec. 32.  Minnesota Statutes 1990, section 115A.84, is 
amended by adding a subdivision to read: 
    Subd. 5.  [EXCLUSION OF MATERIALS SEPARATED AT CERTAIN 
FACILITIES.] (a) A county or district shall exclude from the 
designation, subject to approval by the reviewing authority, 
materials that the county or district determines will be 
separated for recycling at a transfer station located outside of 
the area subject to designation if: 
    (1) the residual materials left after separation of the 
recyclable materials are delivered to a facility designated by 
the county or district; 
    (2) each waste collector who would otherwise be subject to 
the designation ordinance and who delivers waste to the transfer 
station has not been found in violation of the designation 
ordinance in the six months prior to filing for an exclusion; 
    (3) the materials separated at the transfer station are 
delivered to a recycler and are actually recycled; and 
    (4) the owner or operator of the transfer station agrees to 
report and actually reports to the county or district the 
quantities of materials, by categories to be specified by the 
county or district, that are recycled by the facility that 
otherwise would have been subject to designation. 
    (b) In order to qualify for the exclusion in this 
subdivision, the owner of a transfer station shall file with the 
county or district a written description of the transfer 
station, its operation, location, and waste supply sources, the 
quantity of waste delivered to the transfer station by the owner 
of the transfer station, the market for the materials separated 
for recycling, where the recyclable materials are delivered for 
recycling, and other information the county or district may 
reasonably require.  Information received by the county or 
district is nonpublic data as defined in section 13.02, 
subdivision 9. 
    (c) A county or district that grants an exclusion under 
this subdivision may revoke the exclusion if any of the 
conditions of paragraph (a) are not being met. 
    Sec. 33.  Minnesota Statutes 1990, section 115A.86, 
subdivision 5, is amended to read: 
    Subd. 5.  [AMENDMENTS.] (a) Except for an amendment 
authorized under section 115A.86, subdivision 6, 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) Except for an amendment authorized under section 
115A.86, subdivision 6, 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. 34.  Minnesota Statutes 1990, section 115A.86, is 
amended by adding a subdivision to read: 
    Subd. 6.  [PENALTIES.] (a) A county may include in its 
designation ordinance civil and misdemeanor penalties for 
violation of the ordinance.  Subdivision 5 does not govern a 
designation ordinance amendment adopted under this paragraph. 
    (b) A county may by ordinance impose civil and misdemeanor 
penalties for delivery of mixed municipal solid waste to a 
processing or disposal facility in the county that is not a 
facility designated to receive the waste under a designation 
ordinance adopted by another county under this section.  
    (c) A civil penalty adopted under paragraph (a) or (b) must 
be payable to the county and may not exceed a fine of $10,000 
per day of violation plus the cost of mitigating any damages 
caused by the violation and the attorney fees and court costs 
incurred by the county to enforce the ordinance. 
    Sec. 35.  Minnesota Statutes 1990, section 115A.882, is 
amended to read: 
    115A.882 [INSPECTION OF RECORDS; INSPECTION.] 
    Subdivision 1.  [DEFINITIONS.] For the purposes of this 
section: 
    (1) "origin" means a general geographical description that 
at a minimum names the local governmental unit within a county 
from which waste was collected; and 
    (2) "type" means a best estimate of the percentage of each 
truck load that consists of residential, commercial, industrial, 
construction, or any other general type of waste. 
    Subd. 2.  [RECORDS; COLLECTORS; FACILITIES.] Each person 
who collects solid waste in a county in which a designation 
ordinance is in effect shall maintain records regarding the 
volume or weight, type, and origin of waste collected.  Each 
day, a record of the origin, type, and weight of the waste 
collected that day and the identity of the waste facility at 
which that day's collected waste is deposited must be kept on 
the waste collection vehicle.  If the waste is measured by 
volume at the waste facility at which it is deposited, the 
record may show the volume rather than the weight of the waste. 
    The owner or operator of a solid waste facility shall 
maintain records regarding the weight of the waste, or the 
volume of the waste if the waste is measured by volume; the 
general type or types of waste; the origin of the waste 
delivered to the facility; the date and time of delivery; and 
the name of the waste collector that delivered the waste to the 
facility. 
    Subd. 3.  [INSPECTION.] A person authorized by a county in 
which a designation ordinance is effective may, upon 
presentation of identification and without a search warrant, 
inspect or copy records of an owner or operator of any waste 
facility in the state that contain information regarding the 
volume, type, origin, and weight of the waste received by the 
facility, and the date and time of weighing.  A person who fails 
to open for inspection and copying the records referred to in 
this section is guilty of a misdemeanor. anywhere in the state: 
    (1) upon presentation of identification and without a 
search warrant, inspect or copy the records required to be kept 
on a waste collection vehicle under subdivision 2 and inspect 
the waste on the vehicle at the time of deposit of the waste at 
a facility; 
    (2) upon presentation of identification and without a 
search warrant, inspect or copy the records of an owner or 
operator of a solid waste facility that are required to be 
maintained under subdivision 2; 
    (3) request, in writing, copies of records of a solid waste 
collector that indicate the type, origin, and weight or, if 
applicable, the volume of waste collected, the identity of the 
facility at which the waste was deposited, and the date of 
deposit at the facility; and 
    (4) upon presentation of identification and without a 
search warrant, inspect or copy that portion of the business 
records of a waste collector necessary to comply with clause (3) 
at the central record keeping location of the waste collector 
only if the collector fails to provide copies of the records 
within 15 days of receipt of a written request for them. 
    Records or information received, inspected, or copied by a 
county under this section are classified as nonpublic data as 
defined in section 13.02, subdivision 9, and may be used by the 
county solely for enforcement of a designation ordinance.  A 
waste collector or the owner or operator of a waste facility 
shall maintain business records needed to comply with this 
section for two years. 
    Sec. 36.  Minnesota Statutes 1990, section 115A.9162, 
subdivision 2, is amended to read: 
    Subd. 2.  [GRANTS.] The office may make grants to 
counties local government units for installation of storage 
tanks to collect used oil.  To be eligible for a grant, a county 
an applicant must obtain approval from the commissioner of the 
agency for the type of tank to be used, the location and 
installation of the tank, and the proposed ongoing maintenance 
and monitoring of the collection site.  A tank may be located on 
public or private property and must be made available to the 
public for used oil disposal.  A grant for a single tank may not 
exceed $2,500 and a county local government unit may not receive 
more than $5,000 in grants for storage tanks. 
    Sec. 37.  Minnesota Statutes 1990, section 115A.919, is 
amended to read: 
    115A.919 [COUNTY FEE AUTHORITY.] 
    Subdivision 1.  [FEE.] (a) 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 or 
construction debris 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.  
     (b) Fees for construction debris facilities may not exceed 
50 cents per cubic yard.  Revenues from the fees must offset any 
financial assurances required by the county for a construction 
debris facility.  The maximum revenue that may be collected for 
a construction debris facility must be determined by multiplying 
the total permitted capacity of the facility by 15 cents per 
cubic yard.  Once the maximum revenue has been collected for a 
facility, the fee may no longer be imposed.  The limitation on 
the fees in this paragraph and in section 115A.921, subdivision 
2, are not intended to alter the liability of the facility 
operator or the authority of the agency to impose financial 
assurance requirements. 
    Subd. 2.  [ADDITIONAL FEE.] A county may impose a fee, by 
cubic yard or the equivalent of waste collected outside the 
county, in addition to a fee imposed under subdivision 1, on 
operators of mixed municipal solid waste disposal facilities 
located within the county.  The fee may not exceed $7.50 per 
cubic yard or the equivalent.  A person licensed to collect 
solid waste in a county that designates the waste under sections 
115A.80 to 115A.893 who is referred to a disposal facility 
outside the county due to temporary closure of the designated 
facility is exempt from the additional fee; the designated 
facility is responsible for the fee.  Revenue generated from the 
additional fee must be credited to the county general fund and 
may be used only for the purposes listed in subdivision 1. 
    Subd. 3.  [EXEMPTIONS.] (a) 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 the any 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. 
     (b) A facility permitted for the disposal of construction 
debris is exempt from 25 percent of a fee imposed under 
subdivision 1 if the facility has implemented a recycling 
program approved by the county and 25 percent if the facility 
contains a liner and leachate collection system approved by the 
agency. 
    Sec. 38.  Minnesota Statutes 1990, section 115A.921, is 
amended to read: 
     115A.921 [CITY OR TOWN FEE AUTHORITY.] 
    Subdivision 1.  [MIXED MUNICIPAL SOLID WASTE.] A city or 
town may impose a fee, not to exceed $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 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 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. 
    Subd. 2.  [CONSTRUCTION DEBRIS.] (a) A city or town may 
impose a fee, not to exceed 50 cents per cubic yard of waste, or 
its equivalent, on operators of facilities for the disposal of 
construction debris located within the city or town.  The 
revenue from the fees must be credited to the city or town 
general fund.  Two-thirds of the revenue 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 resulting from the facilities. 
    (b) A facility permitted for the disposal of construction 
debris is exempt from 25 percent of a fee imposed under this 
subdivision if the facility has implemented a recycling program 
that has been approved by the county and 25 percent if the 
facility contains a liner and leachate collection system 
approved by the agency. 
    (c) Two-thirds of the revenue from fees collected under 
this subdivision must offset any financial assurances required 
by the city or town for a construction debris facility. 
    (d) The maximum revenue that may be collected under this 
subdivision must be determined by multiplying the total 
permitted capacity of a facility by 15 cents per cubic yard.  
Once the maximum revenue has been collected for a facility, the 
fees in this subdivision may no longer be imposed. 
    Sec. 39.  Minnesota Statutes 1990, section 115A.923, 
subdivision 1, is amended to read: 
    Subdivision 1.  [AMOUNT OF FEE.] (a) The operator of a 
mixed municipal solid waste disposal facility outside of the 
metropolitan area shall pay charge 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 charge 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 charge 
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.
    Sec. 40.  Minnesota Statutes 1990, section 115A.923, 
subdivision 1a, is amended to read: 
    Subd. 1a.  [PAYMENT OF THE GREATER MINNESOTA LANDFILL 
CLEANUP FEE.] The operator of a disposal facility in greater 
Minnesota shall pay remit the fee required fees collected under 
subdivision 1 to the county or sanitary district where the 
facility is located, except that the operator of a facility that 
is owned by a statutory or home rule city shall pay remit the 
fee fees to the city that owns the facility.  The county, city, 
or sanitary district may use the revenue from the fee fees only 
for the purposes specified in section 115A.919. 
    Sec. 41.  [115A.929] [FEES; ACCOUNTING.] 
    Each local government unit that collects a fee under 
section 115A.919, 115A.921, or 115A.923 shall account for all 
revenue collected from the fee, together with interest earned on 
the revenue from the fee, separately from other revenue 
collected by the local government unit and shall report revenue 
collected from the fee and use of the revenue separately from 
other revenue and use of revenue in any required financial 
report or audit. 
    Sec. 42.  Minnesota Statutes 1990, section 115A.93, 
subdivision 3, is amended to read: 
    Subd. 3.  [LICENSE REQUIREMENTS.] (a) A licensing authority 
shall require to the extent possible that charges for collection 
of mixed municipal solid waste vary with the volume or weight of 
the waste collected.  
    (b) A licensing authority may impose requirements that are 
consistent with the county's solid waste policies as a condition 
of receiving and maintaining a license.  
    (c) A licensing authority shall prohibit mixed municipal 
solid waste collectors from imposing a greater charge on 
residents who recycle than on residents who do not recycle. 
    Sec. 43.  Minnesota Statutes 1990, section 115A.93, is 
amended by adding a subdivision to read: 
    Subd. 4.  [DATE CERTAIN.] By January 1, 1993, each county 
shall ensure that each city or town within the county requires 
each mixed municipal solid waste collector that provides 
curbside collection service in the city or town to obtain a 
license under this section or the county shall directly require 
and issue the licenses.  No person may collect mixed municipal 
solid waste after January 1, 1993, without a license. 
    Sec. 44.  Minnesota Statutes 1990, section 115A.931, is 
amended to read: 
    115A.931 [LAND DISPOSAL OF YARD WASTE PROHIBITION.] 
    (a) Except as authorized by the agency, in the metropolitan 
area after January 1, 1990, and outside the metropolitan area 
after January 1, 1992, a person may not dispose of place yard 
waste: 
    (1) in mixed municipal solid waste; 
    (2) in a disposal facility; or 
    (3) in a resource recovery facility except for the purposes 
of composting or co-composting. 
    (b) Yard waste subject to this subdivision is garden 
wastes, leaves, lawn cuttings, weeds, and prunings. 
    Sec. 45.  [115A.935] [SOLID WASTE GENERATED OUTSIDE OF 
MINNESOTA.] 
    No person shall transport into or deposit in this state, 
for the purpose of processing or disposal, solid waste that was 
generated in another state, unless the waste: 
    (1) meets all the solid waste management regulations of the 
state in which it was generated; and 
    (2) contains none of the items specifically banned from 
mixed municipal solid waste in this state, including waste 
tires, used motor oil, waste lead acid batteries, yard waste, 
major appliances, and any other item specifically banned from 
the waste stream under this chapter. 
    Sec. 46.  Minnesota Statutes 1990, section 115A.94, 
subdivision 4, is amended to read: 
    Subd. 4.  [CITIES AND TOWNS; NOTICE; PLANNING.] (a) At 
least 180 days before implementing an ordinance, franchise, 
license, contract or other means of organizing collection, a 
city or town, by resolution of the governing body, shall 
announce its intent to organize collection and invite the 
participation of interested persons, including persons licensed 
to operate solid waste collection services, in planning and 
establishing the organized collection system. 
    (b) The resolution of intent must be adopted after a public 
hearing.  The hearing must be held at least two weeks after 
public notice and mailed notice to persons known by the city or 
town to be operating solid waste collection services in the city 
or town.  The failure to give mailed notice to persons or defect 
in the notice does not invalidate the proceedings, provided a 
bona fide effort to comply with notice requirements has been 
made. 
    (c) During a 90-day period following the resolution of 
intent, the city or town shall develop or supervise the 
development of plans or proposals for organized collection.  
During this 90-day planning period, the city or town shall 
invite and employ the assistance of persons licensed as of the 
date of the resolution of intent to operate solid waste 
collection services in the city or town.  Failure of a licensed 
collector to participate in the 90-day planning period, when the 
city or town has made a bona fide effort to provide the person 
the opportunity to participate, does not invalidate the planning 
process. 
     (d) For 90 days after the date ending the planning period 
required under paragraph (c), the city or town shall discuss 
possible organized collection arrangements with all licensed 
collectors operating in the city or town who have expressed 
interest.  If the city or town is unable to agree on an 
organized collection arrangement with a majority of the licensed 
collectors who have expressed interest, or upon expiration of 
the 90 days, the city or town may propose implementation of an 
alternate method of organizing collection as authorized in 
subdivision 3. 
     (e) The city or town shall make specific findings that: 
     (1) describe in detail the procedures it used to plan and 
to attempt implementation of organized collection through an 
arrangement with collectors who expressed interest; and 
     (2) evaluate the proposed organized collection method in 
light of at least the following standards:  achieving the stated 
organized collection goals of the city or town; minimizing 
displacement of collectors; ensuring participation of all 
interested parties in the decision-making process; and 
maximizing efficiency in solid waste collection. 
     (f) Upon request, the city or town shall provide mailed 
notice of all proceedings on the organization of collection in 
the city or town. 
    (g) If the city or town and all the persons licensed to 
operate mixed municipal solid waste collection services and 
doing business in the city or town agree on the plan, the city 
or town may implement the plan without regard to the 180-day 
period specified in paragraph (a). 
    Sec. 47.  [115A.941] [SOLID WASTE; REQUIRED COLLECTION.] 
    (a) Except as provided in paragraph (b), each city and town 
with a population of 5,000 or more shall ensure that every 
residential household and business in the city or town has solid 
waste collection service.  To comply with this section, a city 
or town may organize collection, provide collection, or require 
by ordinance that every household and business has a contract 
for collection services.  An ordinance adopted under this 
section must provide for enforcement. 
    (b) A city or town with a population of 5,000 or more may 
exempt a residential household or business in the city or town 
from the requirement to have solid waste collection service if 
the household or business ensures that an environmentally sound 
alternative is used. 
    (c) To the extent practicable, the costs incurred by a city 
or town under this section must be incorporated into the 
collection system or the enforcement mechanisms adopted under 
this section by the city or town. 
    Sec. 48.  Minnesota Statutes 1990, section 115A.9561, is 
amended to read: 
    115A.9561 [MAJOR APPLIANCES.] 
    Subdivision 1.  [PROHIBITIONS.] A person may not: 
     (1) place major appliances in mixed municipal solid waste; 
or 
    (2) dispose of major appliances in or on the land or in a 
solid waste processing or disposal facility after July 1, 1990.  
The agency may enforce this section pursuant to section 115.071. 
    Subd. 2.  [RECYCLING REQUIRED.] Major appliances must be 
recycled or reused.  Each county shall ensure that its residents 
have the opportunity to recycle used major appliances.  For the 
purposes of this section, recycling includes: 
    (1) the removal of capacitors that may contain PCBs; 
    (2) the removal of ballasts that may contain PCBs; 
    (3) the removal of chlorofluorocarbon refrigerant gas; and 
    (4) the recycling or reuse of the metals. 
    Sec. 49.  Minnesota Statutes 1990, section 115A.96, 
subdivision 6, is amended to read: 
    Subd. 6.  [HOUSEHOLD HAZARDOUS WASTE MANAGEMENT PLANS.] (a) 
Each county shall include in its solid waste management plan 
required in section 115A.46, or its solid waste master plan 
required in section 473.803, a household hazardous waste 
management plan.  The plan must at least: 
    (1) include a broad based public education component; 
    (2) include a strategy for reduction of household hazardous 
waste; and 
    (3) address separation of household hazardous waste from 
mixed municipal solid waste and the collection, storage, and 
disposal of that waste. 
    (b) Each county required to submit its plan to the office 
under section 115A.46 shall amend its plan to comply with this 
subdivision within one year after October 4, 1989. 
    (c) Each county in the state shall implement its household 
hazardous waste management plan by June 30, 1992. 
    (d) The office shall review the plans submitted under this 
subdivision in cooperation with the agency. 
    Sec. 50.  [115A.965] [PROHIBITIONS ON SELECTED TOXICS IN 
PACKAGING.] 
    Subdivision 1.  [PACKAGING.] (a) As soon as feasible but 
not later than August 1, 1993, no manufacturer or distributor 
may sell or offer for sale or for promotional purposes in this 
state packaging or a product that is contained in packaging if 
the packaging itself, or any inks, dyes, pigments, adhesives, 
stabilizers, or any other additives to the packaging contain any 
lead, cadmium, mercury, or hexavalent chromium that has been 
intentionally introduced as an element during manufacture or 
distribution of the packaging.  Intentional introduction does 
not include the incidental presence of any of the prohibited 
elements. 
    (b) For the purposes of this section, "distributor" means a 
person who imports packaging or causes packaging to be imported 
into the state. 
    Subd. 2.  [TOTAL TOXICS CONCENTRATION LEVELS.] The total 
concentration level of lead, cadmium, mercury, and hexavalent 
chromium added together in any packaging must not exceed the 
following amounts: 
    (1) 600 parts per million by weight by August 1, 1993; 
    (2) 250 parts per million by weight by August 1, 1994; and 
    (3) 100 parts per million by weight by August 1, 1995. 
    Subd. 3.  [EXEMPTIONS.] (a) The following packaging is 
exempt from the requirements of subdivisions 1 and 2: 
    (1) packaging that has been delivered to a manufacturer or 
distributor prior to August 1, 1993, or packaging that contains 
a code or other indication of the date of manufacture and that 
was manufactured prior to August 1, 1993; and 
    (2) until August 1, 1997, packaging that would not exceed 
the total toxics concentration levels under subdivision 2 but 
for the addition in the packaging of materials that have 
fulfilled their intended use and have been discarded by 
consumers. 
    (b) Packaging to which lead, cadmium, mercury, or 
hexavalent chromium has been intentionally introduced in the 
manufacturing process may be exempted from the requirements of 
subdivisions 1 and 2 by the commissioner of the pollution 
control agency if: 
    (1) the use of the toxic element in the packaging is 
required by federal or state health or safety laws; or 
    (2) there is no feasible alternative for the packaging 
because the toxic element used is essential to the protection, 
safe handling, or function of the contents of the package.  
    The commissioner may grant an exemption under this 
paragraph for a period not to exceed two years upon application 
by the packaging manufacturer that includes documentation 
showing that the criteria for an exemption are met.  Exemptions 
granted by the commissioner may be renewed upon reapplication 
every two years. 
    Subd. 4.  [CERTIFICATE OF COMPLIANCE.] (a) Beginning August 
1, 1993, each manufacturer and distributor of packaging for sale 
or other distribution in this state shall certify to each of 
their purchasers or receivers that the packaging purchased or 
received complies with this section.  The certificate of 
compliance must be in writing and must be signed by an official 
of the manufacturer or distributor.  For packaging that has 
received an exemption under subdivision 3, the certificate of 
compliance must list the amount of total toxics concentration in 
the packaging, the specific toxics present, and the basis for 
the exemption. 
    (b) The manufacturer or distributor shall keep on file a 
copy of the certificate of compliance for each type of packaging 
manufactured or distributed and shall make copies available to 
the commissioner of the pollution control agency or the attorney 
general on request, or to any member of the public within 60 
days of receipt of a written request that specifies the type of 
packaging for which the information is requested. 
    (c) Each purchaser or receiver, except a retailer, of 
packaging shall retain the certificate of compliance for as long 
as the packaging is in use. 
    (d) If a manufacturer or distributor of packaging 
reformulates the packaging or creates new packaging, the 
manufacturer or distributor shall provide an amended or new 
certificate of compliance to purchasers and receivers for the 
reformulated or new packaging. 
    Subd. 5.  [ENFORCEMENT.] This section may be enforced under 
sections 115.071 and 116.072.  A person who fails to comply with 
this section is subject to a civil fine of up to $5,000 per day 
of violation, court costs and attorney fees, and all costs 
associated with the separate collection, storage, transfer, and 
appropriate processing or disposal of nonconforming packaging, 
to be determined by the true cost of those activities per ton 
times the approximate actual tonnage of nonconforming packaging 
sold or otherwise distributed in the state. 
    Subd. 6.  [RULES.] The commissioner of the pollution 
control agency, in consultation with the director of the office 
of waste management, shall adopt rules to implement this section.
    Sec. 51.  [115A.9651] [TOXICS IN PACKAGING AND PRODUCTS; 
ENFORCEMENT.] 
    After July 1, 1994, no person may deliberately introduce 
lead, cadmium, mercury, or hexavalent chromium into any dye, 
paint, or fungicide that is intended for use or for sale in this 
state.  This section does not apply to art supplies. 
    This section may be enforced under sections 115.071 and 
116.072.  The attorney general or the commissioner of the agency 
shall coordinate enforcement of this section with the director 
of the office. 
    Sec. 52.  Minnesota Statutes 1990, section 115A.97, 
subdivision 4, is amended to read: 
    Subd. 4.  [INTERIM PROGRAM.] (a) Incinerator ash is 
considered special waste for an interim period which expires on 
the occurrence of the earliest of the following events: 
    (1) The United States Environmental Protection Agency 
establishes testing and disposal requirements for incinerator 
ash; 
    (2) The agency adopts the rules required in subdivision 3; 
or 
    (3) June 30, 1991 1992. 
    (b) As a special waste, incinerator ash must be stored 
separately from mixed municipal solid waste with adequate 
controls to protect the environment as provided in agency 
permits.  For the interim period, the agency, in cooperation 
with generators of incinerator ash and other interested parties, 
shall establish a temporary program to test, monitor, and store 
incinerator ash.  The program must include separate testing of 
fly ash, bottom ash, and combined ash unless the agency 
determines that because of physical constraints at the facility 
separate samples of fly ash and bottom ash cannot be reasonably 
obtained in which case only combined ash must be tested. 
Incinerator ash stored during the interim is subject to the 
rules adopted pursuant to subdivision 3 and to the provisions of 
chapter 115B. 
    Sec. 53.  Minnesota Statutes 1990, 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 response 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 the costs incurred 
during of negotiation of a consent order agreement. 
    (d) When a political subdivision takes remedial response 
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. 54.  Minnesota Statutes 1990, section 115B.22, 
subdivision 8, is amended to read: 
    Subd. 8.  [REVIEW OF TAX BY LCWM.] After the office of 
waste management submits the plan required under section 115A.11 
to the legislative commission on waste management, The 
commission shall legislative commission on waste management 
shall periodically review the taxes and tax rates imposed under 
this section in light of the objectives and recommendations of 
the plan, and shall recommend to the standing tax committees of 
both houses of the legislature any changes in the taxes or tax 
rates which are needed to assist or encourage implementation of 
the strategies adopted by the state for management of hazardous 
waste.  
    Sec. 55.  Minnesota Statutes 1990, section 116.07, 
subdivision 4j, is amended 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. 
    (c) Within 30 days of receipt by the agency of a permit 
application for a solid waste facility, the commissioner shall 
notify the applicant in writing whether the application is 
complete and if not, what items are needed to make it complete, 
and shall give an estimate of the time it will take to process 
the application.  Within 180 days of receipt of a completed 
application, the agency shall approve, disapprove, or delay 
decision on the application, with reasons for the delay, in 
writing. 
    Sec. 56.  [116.90] [REFUSE DERIVED FUEL.] 
    Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
subdivision apply to this section. 
    (b) "Minor modification" means a physical or operational 
change that does not increase the rated energy production 
capacity of a solid fuel fired boiler and which does not involve 
capital costs in excess of 20 percent of a new solid fuel fired 
boiler having the same rated capacity. 
    (c) "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. 
    (d) "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. 
    Subd. 2.  [USE OF REFUSE DERIVED FUEL.] (a) Existing or new 
solid fuel fired boilers may utilize refuse derived fuel in an 
amount up to 30 percent by weight of the fuel feed stream 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 emissions limitations or ambient air quality 
standards applicable to the solid fuel fired boiler; 
    (3) the solid fuel fired boiler has a valid permit to 
operate; and 
    (4) the refuse derived fuel is produced by a facility for 
which a permit was issued by the agency before June 1, 1991.  
    (b) A facility that produces refuse derived fuel that is 
sold for use in a solid fuel fired boiler may accept waste for 
processing only from counties that provide for the removal of 
household hazardous waste from the waste. 
    Sec. 57.  Minnesota Statutes 1990, section 325E.042, 
subdivision 2, is amended to read: 
    Subd. 2.  [NONDEGRADABLE PLASTIC.] A person may not sell, 
offer for sale, or give to consumers beverages or motor oil 
containers held together by connected rings made of 
nondegradable plastic material. 
    Sec. 58.  Minnesota Statutes 1990, section 325E.115, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SURCHARGE; COLLECTION; NOTICE.] (a) A 
person selling lead acid batteries at retail or offering lead 
acid batteries for retail sale in this state shall: 
    (1) accept, at the point of transfer, lead acid batteries 
from customers; 
    (2) charge a fee of $5 per battery sold unless the customer 
returns a used battery to the retailer; and 
    (3) post written notice, which must be at least 8-1/2 
inches by 11 inches in size and must contain the universal 
recycling symbol and the following language: 
    (i) "It is illegal to put a motor vehicle battery in the 
garbage."; 
    (ii) "Recycle your used batteries."; and 
    (iii) "State law requires us to accept motor vehicle 
batteries for recycling." in accordance with section 325E.1151.  
    (b) Any person selling lead acid batteries at wholesale or 
offering lead acid batteries for sale at wholesale must accept, 
at the point of transfer, lead acid batteries from customers. 
    Sec. 59.  Minnesota Statutes 1990, section 325E.1151, 
subdivision 3, is amended to read: 
    Subd. 3.  [RETAILERS MUST POST NOTICES.] (a) A person who 
sells lead acid batteries at retail must post the notice in 
paragraph (b) in a manner clearly visible to a consumer making 
purchasing decisions. 
    (b) The notice must be at least 8-1/2 inches by 11 inches 
and contain the universal recycling symbol and state: 

                        "NOTICE:  USED BATTERIES
    This retailer is required to accept your used lead acid 
batteries, EVEN IF YOU DO NOT PURCHASE A BATTERY.  When you 
purchase a new battery, you will be charged an additional $5 
unless you return a used battery within 30 days. 
    Improper disposal of a lead acid battery It is a crime to 
put a motor vehicle battery in the garbage." 
    Sec. 60.  Minnesota Statutes 1990, section 400.08, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITION.] For purposes of this section, 
"solid waste management services" includes recycling and waste 
reduction services, collection, processing, and disposal of 
solid waste, closure and postclosure care of a solid waste 
facility, and response, as defined in section 115B.02, to 
releases from a solid waste facility or closed solid waste 
facility. 
    Sec. 61.  Minnesota Statutes 1990, section 458D.07, 
subdivision 5, is amended to read: 
    Subd. 5.  [REGULATION OF COLLECTION PROCESS.] Nothing 
contained in this chapter shall be construed to permit the 
district to engage in the collection of solid waste.  Carlton 
county and St. Louis county or the local units of government 
designated by such counties shall continue to have the authority 
to regulate the collection of solid waste, and nothing in this 
chapter shall be construed to permit the district to regulate 
the collection of solid waste, unless such counties or local 
units of government or any of them shall adopt a resolution 
authorizing the district to adopt such regulations to be 
effective within the territory of such county or local 
governmental units. 
    Sec. 62.  Minnesota Statutes 1990, section 458D.07, is 
amended by adding a subdivision to read: 
    Subd. 5a.  [RECYCLING.] The district may require recycling 
and regulate the collection of recyclable materials in the 
district. 
    Sec. 63.  Minnesota Statutes 1990, section 473.149, 
subdivision 2e, is amended to read: 
    Subd. 2e.  [SOLID WASTE DISPOSAL FACILITIES DEVELOPMENT 
SCHEDULE.] (a) 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 needed within the metropolitan 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 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 in adopting 
and implementing abatement plans pursuant to section 473.803, 
subdivision 1b.  The council may review the development schedule 
every year and 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 also 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 of facilities, 
including facilities in existence before the adoption of the 
development schedule.  
    Sec. 64.  Minnesota Statutes 1990, section 473.149, 
subdivision 4, is amended to read: 
    Subd. 4.  [ADVISORY COMMITTEE.] The council shall establish 
an advisory committee to aid in the preparation of the policy 
plan, the performance of the council's responsibilities under 
subdivisions 2 to 2e, the review of county master plans and 
reports and applications for permits for waste facilities, under 
sections 473.151, 473.801 to 473.823, and 473.831, and 473.833, 
and other duties determined by the council.  The committee shall 
consist of one-third citizen representatives, one-third 
representatives from metropolitan counties and municipalities, 
and one-third representatives from private waste management 
firms.  From at least the date that the council adopts the 
inventory under subdivision 2b to the date that the council 
adopts a development schedule under subdivision 2e, for the 
purpose only of participating in the preparation of the 
legislative report required by subdivision 2c, the land disposal 
abatement plan required by subdivision 2d, and the development 
schedule required by subdivision 2e, additional members shall be 
included on the advisory committee sufficient to assure that at 
least one-third of the members of the committee are residents of 
cities or towns containing eligible solid waste disposal sites 
included in the council's disposal site inventory, and that 
counties containing three sites have at least two additional 
members and counties containing one or two sites have at least 
one additional member.  A representative from the pollution 
control agency, one from the office of waste management 
established under section 115A.04, and one from the Minnesota 
health department shall serve as ex officio members of the 
committee. 
    Sec. 65.  [473.8011] [METROPOLITAN AGENCY RECYCLING GOAL.] 
    By December 31, 1993, the metropolitan council, each 
metropolitan agency as defined in section 473.121, and the 
metropolitan mosquito control district established in section 
473.702 shall recycle at least 40 percent by weight of the solid 
waste generated by their offices or other operations.  The 
council shall provide information and technical assistance to 
the agencies and the district to implement effective recycling 
programs. 
    By August 1 of each year, the council, each agency, and the 
district shall submit to the office of waste management a report 
for the previous fiscal year describing recycling rates, 
specified by the county in which the agency or operation is 
located, and progress toward meeting the recycling goal.  The 
office shall incorporate the recycling rates reported in the 
respective county's recycling rates for the previous fiscal year.
    If the goal is not met, the council, agency, or district 
must include in its 1994 report reasons for not meeting the goal 
and a plan for meeting it in the future. 
    Sec. 66.  Minnesota Statutes 1990, section 473.803, 
subdivision 2, is amended to read: 
    Subd. 2.  [COUNCIL REVIEW.] The council shall review each 
master plan or revision thereof to determine whether it is 
consistent with the council's policy plan.  If it is not 
consistent, the council shall disapprove and return the plan 
with its comments to the county for revision and resubmittal.  
The county shall have 90 days to revise and resubmit the plan 
for council approval.  Any county solid waste plan or report 
approved by the council prior to April 9, 1976, shall remain in 
effect until a new master plan is submitted to and approved by 
the council in accordance with this section. 
    The council shall review the household hazardous waste 
management portion of each county's plan in cooperation with the 
agency. 
    Sec. 67.  Minnesota Statutes 1990, section 473.803, 
subdivision 4, is amended to read: 
    Subd. 4.  [ADVISORY COMMITTEE.] By July 1, 1984, each 
county shall establish a solid waste management advisory 
committee to aid in the preparation of the county master plan, 
any revisions thereof, and such additional matters as the county 
deems appropriate.  The committee must consist of citizen 
representatives, representatives from towns and cities within 
the county, and representatives from private waste management 
firms.  The committee must include residents of towns or cities 
within the county containing solid waste disposal facilities and 
eligible solid waste disposal sites included in the council's 
disposal site inventory.  Members of the council's solid waste 
advisory committee who reside in the county are ex officio 
members of the county advisory committee.  A representative of 
the metropolitan council is an ex officio member of the 
committee. 
    Sec. 68.  Minnesota Statutes 1990, section 473.811, 
subdivision 1, is amended to read: 
    Subdivision 1.  [COUNTY ACQUISITION OF FACILITIES.] To 
accomplish the purpose specified in section 473.803, each 
metropolitan county may acquire by purchase, lease, gift or 
condemnation as provided by law, upon such terms and conditions 
as it shall determine, including contracts for deed and 
conditional sales contracts, solid waste facilities or 
properties or easements or development rights, as defined in 
section 473.833, for solid waste facilities which are in 
accordance with rules adopted by the agency, the policy plan 
adopted by the council and the county master plan as approved by 
the council, and may improve or construct improvements on any 
property or facility so acquired.  No metropolitan city, county 
or town shall own or operate a hazardous waste facility, except 
a facility to manage household hazardous waste.  Each 
metropolitan county is authorized to levy a tax in anticipation 
of need for expenditure for the acquisition and betterment of 
solid waste facilities.  If a tax is levied in anticipation of 
need, the purpose must be specified in a resolution of the 
county directing that the levy and the proceeds of the tax may 
be used only for that purpose.  Until so used, the proceeds 
shall be retained in a separate fund or invested in the same 
manner as surplus in a sinking fund may be invested under 
section 475.66.  The right of condemnation shall be exercised in 
accordance with chapter 117.  
    For the purposes of this section "solid waste facility" 
includes a facility to manage household hazardous waste. 
    Sec. 69.  Minnesota Statutes 1990, section 473.811, 
subdivision 1a, is amended to read: 
    Subd. 1a.  [RIGHT OF ACCESS.] Whenever the county or county 
site selection authority deems it necessary to the evaluation of 
a waste facility for enforcement purposes or to the evaluation 
of a site or buffer area for inclusion in the inventory of 
disposal sites pursuant to section 473.149, subdivision 2b, and 
section 473.803, subdivision 1a, or for selection or final 
acquisition under section 473.833, or for the accomplishment of 
any other purpose under sections 473.149, 473.153, and 473.801 
to 473.834, the county, county site selection authority or any 
member, employee, or agent thereof, when authorized by it, may 
enter upon any property, public or private, for the purpose of 
obtaining information or conducting surveys or investigations, 
provided that the entrance and activity is undertaken after 
reasonable notice and during normal business hours and provided 
that compensation is made for any damage to the property caused 
by the entrance and activity. 
    Sec. 70.  Minnesota Statutes 1990, section 473.811, 
subdivision 3, is amended to read: 
    Subd. 3.  [COUNTY OPERATION OF FACILITIES.] Each 
metropolitan county may operate and maintain solid waste 
facilities, and for this purpose may employ all necessary 
personnel, may adopt regulations governing operation, and may 
establish and collect reasonable, nondiscriminatory rates and 
charges, except as authorized under section 115A.919, for the 
use of the facilities by any local government unit or person, 
estimated to be sufficient, with any other moneys appropriated 
for the purpose, to pay all costs of acquisition, operation and 
maintenance.  Each metropolitan county may use itself or sell 
all or any part of materials or energy recovered from solid 
waste to private interests or public agencies for consumption or 
reuse by them.  Section 471.345 and Laws 1951, chapter 556, as 
amended shall not apply to the sale of the materials or energy. 
    Sec. 71.  Minnesota Statutes 1990, section 473.811, 
subdivision 4a, is amended to read: 
    Subd. 4a.  [ORDINANCES; GENERAL CONDITIONS; RESTRICTIONS; 
APPLICATION.] Ordinances of counties and local government units 
related to or affecting waste management shall embody plans, 
policies, rules, standards and requirements adopted by any state 
agency authorized to manage or plan for or regulate the 
management of waste and the waste management plans adopted by 
the council and shall be consistent with county master plans 
approved by the council.  Except as provided in this 
subdivision, a metropolitan county may acquire a site and buffer 
area for a solid waste disposal facility anywhere within the 
county without complying with local ordinances, if the action is 
approved by the council as being taken pursuant to the policy 
plan and the development schedule adopted under section 473.149, 
subdivision 2e, and the provisions of section 473.833, and the a 
county may establish and operate or contract for the 
establishment or operation of a solid waste disposal facility at 
the site without complying with local ordinances, if the council 
certifies need under section 473.823, subdivision 6.  With the 
approval of the council, local government units may impose and 
enforce reasonable conditions respecting the construction, 
operation, inspection, monitoring, and maintenance of the 
disposal facilities.  No local government unit shall prevent the 
establishment or operation of any solid waste facility in 
accordance with the council's decision under section 473.823, 
subdivision 5, except that, with the approval of the council, 
the local government unit may impose reasonable conditions 
respecting the construction, inspection, monitoring, and 
maintenance of a facility. 
    Sec. 72.  Minnesota Statutes 1990, section 473.811, 
subdivision 5, is amended to read: 
    Subd. 5.  [ORDINANCES; SOLID WASTE COLLECTION AND 
TRANSPORTATION.] Each metropolitan county may adopt ordinances 
governing the collection of solid waste.  A county may adopt, 
but may not be required to adopt, an ordinance that requires the 
separation from mixed municipal waste, by generators before 
collection, of materials that can readily be separated for use 
or reuse as substitutes for raw materials or for transformation 
into a usable soil amendment.  Each local unit of government 
within the metropolitan area shall adopt an ordinance governing 
the collection of solid waste within its boundaries.  If the 
county within which it is located has adopted a collection 
ordinance, the local unit shall adopt either the county 
ordinance by reference or a more strict ordinance.  If the 
county within which it is located has adopted a separation 
ordinance, the ordinance applies in all local units within the 
county that have failed to meet the local abatement performance 
standards, as stated in the most recent annual county report.  
Ordinances of counties and local government units may establish 
reasonable conditions respecting but shall not prevent the 
transportation of solid waste by a licensed collector through 
and between counties and local units, except as required for the 
enforcement of any designation of a facility by the council 
pursuant to section 473.827 a county under chapter 115A.  A 
licensed collector or a metropolitan county or local government 
unit may request review by the council of an ordinance adopted 
under this subdivision.  The council shall approve or disapprove 
the ordinance within 60 days of the submission of a request for 
review.  The ordinance shall remain in effect unless it is 
disapproved.  Ordinances of counties and local units of 
government shall provide for the enforcement of any designation 
of facilities by the council under section 473.827 counties 
under chapter 115A.  Nothing in this subdivision shall be 
construed to limit the authority of the local government unit to 
regulate and license collectors of solid waste or to require 
review or approval by the council for ordinances regulating 
collection.  
    Sec. 73.  Minnesota Statutes 1990, section 473.811, 
subdivision 6, is amended to read: 
    Subd. 6.  [GRANTS AND LOANS TO COUNTIES.] Each metropolitan 
county may accept gifts, may apply for and accept grants or 
loans of money or other property from the United States, the 
state, the metropolitan council, any local government unit, or 
any person, to accomplish the purposes specified in sections 
473.149, 473.151, 473.801 to 473.823, 473.831, 473.833, and 
473.834, may enter into any agreement required in connection 
therewith, and may hold, use, and dispose of the money or 
property in accordance with the terms of the gift, grant, loan 
or agreement relating thereto. 
    Sec. 74.  Minnesota Statutes 1990, section 473.811, 
subdivision 7, is amended to read: 
    Subd. 7.  [JOINT ACTION.] Any local governmental unit or 
metropolitan agency may act together with any county, city, or 
town within or without the metropolitan area, or with the 
pollution control agency or the office of waste management under 
the provisions of section 471.59 or any other appropriate law 
providing for joint or cooperative action between government 
units, to accomplish any purpose specified in sections 473.149, 
473.151, 473.801 to 473.823, 473.831, 473.833, 473.834, 116.05 
and 115A.06. 
    Any agreement regarding data processing services relating 
to the generation, management, identification, labeling, 
classification, storage, collection, treatment, transportation, 
processing or disposal of waste and entered into pursuant to 
section 471.59, or other law authorizing joint or cooperative 
action may provide that any party to the agreement may agree to 
defend, indemnify and hold harmless any other party to the 
agreement providing the services, including its employees, 
officers or volunteers, against any judgments, expenses, 
reasonable attorney's fees and amounts paid in settlement 
actually and reasonably incurred in connection with any third 
party claim or demand arising out of an alleged act or omission 
by a party to the agreement, its employees, officers or 
volunteers occurring in connection with any exchange, retention, 
storage or processing of data, information or records required 
by the agreement.  Any liability incurred by a party to an 
agreement under this subdivision shall be subject to the 
limitations set forth in section 3.736 or 466.04. 
    Sec. 75.  Minnesota Statutes 1990, section 473.811, 
subdivision 8, is amended to read: 
    Subd. 8.  [COUNTY SALE OR LEASE.] Each metropolitan county 
may sell or lease any facilities or property or property rights 
previously used or acquired to accomplish the purposes specified 
by sections 473.149, 473.151, 473.801 to 473.823, 
473.831, 473.833, and 473.834.  Such property may be sold in the 
manner provided by section 469.065, or may be sold in the manner 
and on the terms and conditions determined by the county board.  
Each metropolitan county may convey to or permit the use of any 
such property by a local government unit, with or without 
compensation, without submitting the matter to the voters of the 
county.  No real property or property rights acquired pursuant 
to this section, may be disposed of in any manner unless and 
until the county shall have submitted to the agency and the 
metropolitan council for review and comment the terms on and the 
use for which the property will be disposed of.  The agency and 
the council shall review and comment on the proposed disposition 
within 60 days after each has received the data relating thereto 
from the county. 
    Sec. 76.  Minnesota Statutes 1990, section 473.811, 
subdivision 9, is amended to read: 
    Subd. 9.  [SOLID AND HAZARDOUS WASTE FUND.] All money 
received by any metropolitan county from any source specified in 
sections 473.149, 473.151, 473.801 to 473.823, 473.831, 473.833, 
and 473.834 shall be paid into the county treasury, placed in a 
special fund designated as the county solid and hazardous waste 
fund, and used only for the purposes authorized in those 
sections, as appropriated by the county board, subject to any 
lawful restrictions, conditions, or pledges applicable thereto. 
    Sec. 77.  Minnesota Statutes 1990, section 473.823, 
subdivision 5, is amended to read: 
    Subd. 5.  [REVIEW OF WASTE PROCESSING FACILITIES.] (a) A 
metropolitan county may establish a waste processing facility 
within the county without complying with local ordinances, if 
the action is approved by the council in accordance with the 
review process established by this subdivision.  A county 
requesting review by the council shall show that:  
    (1) the required permits for the proposed facility have 
been or will be issued by the agency, that; 
    (2) the facility is consistent with the council's policy 
plan and the approved county master plan; and that 
    (3) a local government unit has refused to approve the 
establishment or operation of the facility, has failed to deny 
or approve establishment or operation of the facility within the 
time period required in section 115A.31, or has approved the 
application or request with conditions that are unreasonable or 
impossible for the county to meet. 
    (b) The council shall meet to commence the review within 90 
days of the submission of a request determined by the council to 
satisfy the requirements for review under this subdivision.  At 
the meeting commencing the review the chair shall recommend and 
the council establish a scope and procedure, including criteria, 
for its review and final decision on the proposed facility.  The 
procedure shall require the council to make a final decision on 
the proposed facility within 120 days following the commencement 
of review.  For facilities other than waste incineration and 
mixed municipal solid waste composting facilities, the council 
shall meet to commence the review within 45 days of submission 
of the request and shall make a final decision within 75 days 
following commencement of review. 
    (c) The council shall conduct at least one public hearing 
in the city or town within which the proposed facility would be 
located.  Notice of the hearing shall be published in a 
newspaper or newspapers of general circulation in the area for 
two successive weeks ending at least 15 days before the date of 
the hearing.  The notice shall describe the proposed facility, 
its location, the proposed permits, and the council's scope and, 
procedure, and criteria for review.  The notice shall identify a 
location or locations within the local government unit and 
county where the permit applications and the council's 
scope and, procedure, and criteria for review are available for 
review and where copies may be obtained. 
    (d) In its review and final decision on the proposed 
facility, the council shall consider at least the following 
matters:  
    (a) (1) the risk and effect of the proposed facility on 
local residents, units of government, and the local public 
health, safety, and welfare, and the degree to which the risk or 
effect may be alleviated; 
    (b) (2) the consistency of the proposed facility with, and 
its effect on, existing and planned local land use and 
development; local laws, ordinances, and permits; and local 
public facilities and services; 
    (c) (3) the adverse effects of the facility on agriculture 
and natural resources and opportunities to mitigate or eliminate 
such adverse effects by additional stipulations, conditions, and 
requirements respecting the design and operation of the proposed 
facility at the proposed site; 
    (d) (4) the need for the proposed facility and the 
availability of alternative sites; 
    (e) (5) the consistency of the proposed facility with the 
county master plan adopted pursuant to section 473.803 and the 
council's policy plan adopted pursuant to section 473.149; and 
    (f) (6) transportation facilities and distance to points of 
waste generation.  
    (e) In its final decision in the review, the council may 
either approve or disapprove the proposed facility at the 
proposed site.  The council's approval shall embody all terms, 
conditions, and requirements of the permitting state agencies, 
provided that the council may require more stringent permit 
terms, conditions, and requirements respecting the design, 
construction, operation, inspection, monitoring, and maintenance 
of the proposed facility at the proposed site.  
    Sec. 78.  Minnesota Statutes 1990, section 473.823, 
subdivision 6, is amended to read: 
    Subd. 6.  [COUNCIL; CERTIFICATION OF NEED.] No new mixed 
municipal solid waste disposal facility or capacity shall be 
permitted in the metropolitan area without a certificate of need 
issued by the council indicating the council's determination 
that the additional disposal capacity planned for the facility 
is needed in the metropolitan area.  The council shall amend its 
policy plan, adopted pursuant to section 473.149, to include 
standards and procedures for certifying need that conform to the 
certification standards stated in this subdivision.  The 
standards and procedures shall be based on the council's 
disposal abatement plan adopted pursuant to section 473.149, 
subdivision 2d, the council's solid waste disposal facilities 
development schedule adopted under section 473.149, subdivision 
2e, and the provisions of any master plans of counties that have 
been approved by the council under section 473.803, subdivision 
2, and that are consistent with the council's abatement plan and 
development schedule.  The council shall certify need only to 
the extent that there are no feasible and prudent alternatives 
to the disposal facility, including waste reduction, source 
separation and resource recovery which would minimize adverse 
impact upon natural resources.  Alternatives that are 
speculative or conjectural shall not be deemed to be feasible 
and prudent.  Economic considerations alone shall not justify 
the certification of need or the rejection of alternatives.  In 
its certification the council shall not consider alternatives 
which have been eliminated from consideration by the adoption of 
the inventory pursuant to section 473.149, subdivision 2b, or 
the selection of sites under section 473.833, subdivision 3. 
    Sec. 79.  Minnesota Statutes 1990, section 473.845, 
subdivision 3, is amended to read: 
    Subd. 3.  [EXPENDITURES FROM THE FUND.] Money in the fund 
may only be appropriated to the agency for expenditure for: 
    (1) reasonable and necessary expenses for closure and 
postclosure care of a mixed municipal solid waste disposal 
facility in the metropolitan area for a 20-year period after 
closure, if the agency determines that the operator or owner 
will not take the necessary actions requested by the agency for 
closure and postclosure in the manner and within the time 
requested; and 
    (2) reasonable and necessary response and postclosure costs 
at a mixed municipal solid waste disposal facility in the 
metropolitan area that has been closed for 20 years in 
compliance with the closure and postclosure rules of the agency; 
or 
    (3) reasonable and necessary response costs resulting from 
county actions required under section 473.833, subdivision 2a, 
when those actions are done under the supervision of the agency. 
    Sec. 80.  Minnesota Statutes 1990, section 473.845, 
subdivision 4, is amended to read: 
    Subd. 4.  [EXPENDITURE NOTIFICATION AND COMMISSION 
RECOMMENDATION.] (a) The commissioner shall notify the chair and 
the director of the legislative commission on waste management 
before making expenditures from the fund.  
    (b) The legislative commission on waste management shall 
make recommendations to the standing legislative committees on 
finance and appropriations about appropriations from the fund. 
    Sec. 81.  Minnesota Statutes 1990, section 473.848, 
subdivision 2, is amended to read: 
    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. 
    Sec. 82.  Minnesota Statutes 1990, section 473.848, is 
amended by adding a subdivision to read: 
    Subd. 5.  [DEFINITION.] For the purpose of this section, 
waste is "unprocessed" if it has not, after collection and 
before disposal, undergone at least one process, as defined in 
section 115A.03, subdivision 25, excluding storage, exchange, 
and transfer of the waste. 
      Sec. 83.  [473.849] [PROHIBITION; SOLID WASTE DISPOSAL.] 
     No person may place processed or unprocessed mixed 
municipal solid waste that is generated in the metropolitan area 
in a disposal facility that does not comply with the minimum 
requirements for design, construction, and operation of a new 
mixed municipal solid waste disposal facility under Minnesota 
Rules in effect on January 1, 1991.  Each metropolitan county 
shall, and each county in which is located a disposal facility 
may, enforce this prohibition and may impose penalties and 
recover attorney fees and court costs to the same extent as for 
enforcement of a designation ordinance under section 115A.86, 
subdivision 6.  The commissioner of the pollution control agency 
may enforce this section under section 115.071 or 116.072. 
     Sec. 84.  [METROPOLITAN DISPOSAL SITES; MORATORIUM; 
REPLACEMENT SITING PROCESS; DISPOSAL PROHIBITION ENFORCEMENT 
PLAN; STATEWIDE FACILITY SITING PROCEDURES.] 
     Subdivision 1.  [MORATORIUM.] The metropolitan council and 
each of the metropolitan counties shall discontinue all 
activities under Minnesota Statutes, sections 473.149, 
subdivision 2b; 473.803, subdivision 1a; 473.806; 473.831; 
473.833; and 473.840 related to the siting of mixed municipal 
solid waste disposal facilities, except activities governed by 
sections 85 to 87. 
    Subd. 2.  [REPLACEMENT SITING PROCESS.] The seven 
metropolitan counties, in consultation with the metropolitan 
council and the office of waste management, shall develop a 
specific process for siting and developing a disposal facility 
within the metropolitan area to accommodate all of the ash 
produced or projected to be produced by facilities in operation 
or planned to be in operation by August 1, 1996 that process or 
will process mixed municipal solid waste generated in the 
metropolitan area, and for siting and developing a mixed 
municipal solid waste disposal facility within the metropolitan 
area unless each county and the council agrees that a mixed 
municipal solid waste facility will not be needed within the 
next 15 years to adequately manage metropolitan waste.  The 
counties shall design the siting process to avoid siting 
facilities where those facilities could have relatively strong 
negative impacts on aquifers.  The counties shall report the 
proposed process to the legislative commission on waste 
management by December 1, 1991, including any necessary 
recommendations for legislation to implement the process.  The 
report shall also include descriptions of how the counties will 
share the costs and liabilities of new and existing waste 
facilities and how the counties intend to share the waste stream 
to ensure that each portion of the waste is most appropriately 
managed.  The report must also include a detailed description of 
how each county plans to enforce the disposal prohibition in 
section 83, with copies of any enforcement ordinances adopted. 
    Subd. 3.  [STATEWIDE WASTE FACILITY SITING PROCEDURES.] The 
legislative commission on waste management shall study statewide 
solid waste management facility siting procedures and shall 
recommend legislation by January 1, 1992, to ensure that 
environmental and public review of potential sites and 
technologies occur early enough in the process to adequately 
address environmental and social concerns related to siting and 
operation of the facilities. 
    Subd. 4.  [COMMISSION RECOMMENDATION.] After hearing the 
report and plans required under subdivision 2, the legislative 
commission on waste management shall make a formal 
recommendation to either allow the repeal of the existing 
metropolitan landfill siting process to take effect as scheduled 
or to reinstate that process.  The commission shall recommend 
allowing the repeal to take effect if it finds that: 
    (1) the metropolitan counties have designed a workable 
replacement process that includes adequate sharing of costs, 
liabilities, and waste streams; 
    (2) each county has an adequate plan and has adopted 
adequate ordinances to enforce the disposal prohibition in 
section 83; and 
    (3) each county has implemented a household hazardous waste 
collection program required under Minnesota Statutes, section 
473.804, notwithstanding the effective date in that section. 
    The commission shall also work with the metropolitan 
counties, the metropolitan council, and the office of waste 
management to recommend legislation to implement a replacement 
process for siting and developing facilities in the metropolitan 
area for the disposal of mixed municipal solid waste and ash 
produced by that waste.  The recommended replacement siting 
process must be designed to avoid, to the greatest extent 
possible, siting facilities in locations where the facilities 
could have relatively strong negative impacts on aquifers. 
    Sec. 85.  [TEMPORARY DEVELOPMENT RIGHTS.] 
    If temporary development rights have been purchased by a 
county under Minnesota Statutes, section 473.806, subdivision 2, 
the landowner may elect to repurchase the development rights 
from the county for a price equal to the compensation paid by 
the county prorated over the remaining period of the development 
rights. 
    Sec. 86.  [CONTINUED LEVY AUTHORITY OF METROPOLITAN 
COUNCIL.] 
    The metropolitan council may continue to levy ad valorem 
taxes for debt service of the council's solid waste bonds issued 
before the effective date of section 90, paragraph (b), in 
accordance with Minnesota Statutes 1990, section 473.831, 
subdivision 1. 
    Sec. 87.  [USE OF BOND PROCEEDS.] 
    Until December 1, 1992, with the approval of the 
metropolitan council, counties engaged in environmental analysis 
of solid waste disposal sites as of January 1, 1989, under 
Minnesota Statutes, section 473.833, subdivision 2a, may use 
proceeds of the council's solid waste bonds issued before the 
effective date of section 90, paragraph (b), for sealing of 
monitoring wells and other measures to restore the candidate 
sites for productive use. 
    Sec. 88.  [ADDITION TO REPORT.] 
    The director of the office of waste management shall 
include in the 1992 solid waste management policy report 
required under Minnesota Statutes, section 115A.411, an analysis 
of progress made toward the implementation of nationwide 
labeling of products and packaging to address environmental 
concerns.  Unless implementation of a nationwide uniform 
labeling system is imminent at that time, the director shall 
recommend a statewide product and packaging environmental 
labeling system that is as consistent as possible with proposed 
or existing labeling programs in other states. 
    Sec. 89.  [AIR QUALITY ADVISORY TASK FORCE.] 
    Subdivision 1.  [CREATION.] (a) The air quality advisory 
task force consists of 24 members.  The speaker of the house of 
representatives and the majority leader of the senate shall each 
appoint four members from their respective bodies.  The 
commissioner of the pollution control agency shall serve as the 
chair of the task force.  The governor shall appoint the 15 
other members as follows: 
    (1) a representative of a major industrial facility holding 
an air emission permit issued by the pollution control agency; 
    (2) a representative of a mining facility holding an air 
emission permit issued by the pollution control agency; 
    (3) a representative of a petroleum refining facility 
holding an air emission permit issued by the pollution control 
agency; 
    (4) a representative of a manufacturing facility holding an 
air emission permit issued by the pollution control agency; 
    (5) a representative of a fossil fuel combustion facility 
holding an air emission permit issued by the pollution control 
agency; 
    (6) a representative of forest products manufacturing 
facilities holding air emissions permits issued by the pollution 
control agency; 
    (7) three representatives of environmental and natural 
resource groups; 
    (8) three members of the public; 
    (9) the commissioner of the department of health or the 
commissioner's designee; 
    (10) the commissioner of the department of transportation 
or the commissioner's designee; and 
    (11) the commissioner of the department of natural 
resources or the commissioner's designee. 
    (b) The task force terminates on January 1, 1993. 
    Subd. 2.  [DUTIES.] (a) The task force shall conduct a 
comprehensive review of the state's air quality.  In conducting 
the review the task force shall: 
    (1) identify the air pollution issues of importance to the 
state; the past, present, and projected changes in pollution 
levels by source category; and the results of existing pollution 
prevention and control programs; and 
    (2) examine all federal and state laws and regulations 
related to the identified air quality issues, including the 
state's strategies to implement the federal Clean Air Act, the 
Minnesota acid deposition control act, the Minnesota toxic 
pollution prevention act, and other relevant laws and 
regulations, and resources required to implement these programs. 
    (b) The task force shall report to the legislature on the 
results of the review required in paragraph (a) and shall 
include recommendations on how best to address the identified 
air quality issues, including ways to improve implementation of 
existing programs.  The recommendations must be based on sound 
scientific principles and cost-effective approaches to pollution 
prevention and reduction. 
    (c) The task force shall submit an interim report to the 
legislature by January 31, 1992, and a final report by January 
1, 1993.  The commissioner shall ensure that staff resources 
devoted to the task force do not impair the permitting, 
enforcement, or rulemaking activities of the air quality 
division of the agency. 
    Sec. 90.  [REPEALER.] 
    (a) Minnesota Statutes 1990, sections 16B.125; 115A.953; 
325E.045; and 473.844, subdivision 3, are repealed.  Laws 1989, 
chapter 325, section 71, subdivision 2, is repealed. 
    (b) Minnesota Statutes 1990, sections 473.149, subdivision 
2b; 473.803, subdivision 1a; 473.806; 473.831; 473.833; and 
473.840, are repealed. 
    Sec. 91.  [EFFECTIVE DATES.] 
    Sections 2, 8, 10, 15, 19, 25, 31, 33, 34, 36, 46, 49, 56, 
57, 60, 61, 62, 66, 84, and 86 are effective the day following 
final enactment. 
    Section 13 is effective the day following final enactment 
and applies to applications or requests received by a local 
government unit on or after the effective date of that section. 
    Sections 37, subdivision 1, and 38 are effective October 1, 
1991. 
    Section 47 is effective July 1, 1992. 
    Section 52 is effective June 30, 1991. 
    Section 53 is effective June 2, 1989, and applies to all 
response actions initiated or pending on or after that date. 
    Sections 63, 64, 67, 69, 71, 73 to 76, 78, 79, 85, 87, and 
90, paragraph (b), are effective August 1, 1992. 
    Section 83 is effective January 1, 1992 for disposal 
facilities located outside the metropolitan area, as defined in 
section 473.121, and January 1, 1995 for all disposal facilities 
regardless of location. 
    Section 79 does not affect appropriations for response 
costs resulting from county actions taken before the effective 
date of this act. 
    Presented to the governor May 31, 1991 
    Signed by the governor June 4, 1991, 8:42 p.m.