Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                         CHAPTER 55-H.F.No. 843 
           An act relating to waste; Western Lake Superior 
          sanitary district; amending the definition of solid 
          waste; changing the date for adoption of a budget; 
          amending Minnesota Statutes 1990, sections 458D.02, 
          subdivision 18; and 458D.08. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 458D.02, 
subdivision 18, is amended to read: 
    Subd. 18.  "Solid waste" means garbage, refuse, sludge from 
a water supply treatment plant or air contaminant treatment 
facility, and other discarded solid material, including solid 
waste materials and sludges, in solid, semisolid, liquid, or 
contained gaseous form, resulting from industrial, commercial, 
mining, and agricultural operations, and from community 
activities, commercial and agricultural operations, and from 
community activities, but does not include earth and hazardous 
waste; animal waste used as fertilizer; earthen fill, boulders, 
brocken or rock and other materials normally handled in 
construction operations, solids; sewage sludge; solid or 
dissolved material in domestic sewage or other significant 
common pollutants in water resources, such as silt, dissolved or 
suspended solids in industrial waste wastewater effluents, or 
discharges which are point sources subject to permits under 
section 402 of the federal Water Pollution Control Act, as 
amended, and dissolved material in irrigation return flows or 
other common water pollutants; or source, special nuclear, or 
by-product material as defined by the Atomic Energy Act of 1954, 
as amended. 
    Sec. 2.  Minnesota Statutes 1990, section 458D.08, is 
amended to read: 
    458D.08 [BUDGET.] 
    The board shall prepare and adopt, on or before December 
31, 1971, and on or before September November 1, 1972, and each 
year thereafter, a budget showing for the following calendar 
year or other fiscal year determined by the board, sometimes 
referred to in sections 458D.01 to 458D.24 as the budget year, 
the estimated revenue from all sources, including but not 
limited to, income earned in the operation of the district 
disposal system, federal or state grants, taxes on property, and 
funds on hand at the beginning of the year, and estimated 
expenses for: 
    (1) credits to each local government unit under section 
458D.06, subdivision 4; 
    (2) deferred payments under section 458D.09, subdivision 3; 
    (3) costs of operation, administration and maintenance of 
the district disposal system; 
    (4) costs of acquisition and betterment of the district 
disposal system; and 
    (5) debt service, including principal and interest, on 
general obligation bonds and certificates issued pursuant to 
section 458D.14, obligations assumed under section 458D.06, 
subdivision 3, and any money judgments entered by a court of 
competent jurisdiction.  Expenses within these general 
categories, and such others as the board may from time to time 
determine, shall be itemized in such detail as the board shall 
prescribe.  The board and its officers, agents and employees 
shall not incur an expense for any purpose other than debt 
service without having set forth such expense in the budget nor 
in excess of the amount set forth in the budget therefor, and no 
obligation to incur such an expense shall be enforceable except 
as the obligation of the person or persons incurring it; 
providing that the board may amend the budget at any time by 
transferring from one purpose to another any revenue except for 
debt service and bond proceeds and by increasing expenses in any 
amount by which revenue during the budget year is estimated to 
exceed the total amounts designated in the original budget.  The 
creation of any obligation pursuant to section 458D.14 or the 
award of any federal or state grant is a sufficient budget 
designation of the proceeds for the purpose for which it is 
authorized, and of the tax or other revenue pledged to pay the 
obligation and interest on it, whether or not specifically 
included in any annual budget.  The budget shall contain, in 
addition to the provisions above, the estimated revenue from 
income earned in the operation of solid waste disposal sites or 
facilities and estimated expenses for the operation of such 
solid waste disposal sites or facilities.  Revenues from the 
operation of disposal sites or facilities shall not be used to 
fund in whole or in part the maintenance or operation of the 
district disposal system as that term is defined in section 
458D.02. 
    Sec. 3.  [EFFECTIVE DATE.] 
    Sections 1 and 2 are effective the day after compliance 
with Minnesota Statutes, section 645.021, subdivision 3, by the 
sanitary board of the Western Lake Superior sanitary district. 
    Presented to the governor May 2, 1991 
    Signed by the governor May 6, 1991, 3:30 p.m.