language to be deleted (2) new language
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 solidwaste 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 andhazardous waste; animal waste used as fertilizer; earthen fill, boulders, brockenor rock and other materials normally handled in construction operations, solids; sewage sludge; solid or dissolved material in domestic sewage or other significantcommon pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewastewater 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 SeptemberNovember 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.