Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 303-S.F.No. 931 
 [At the time of publication, the question of whether this 
chapter is law was under consideration by Minnesota courts.] 
           An act relating to waste management; prohibiting 
          issuance and renewal of certain permit if plans are 
          not developed and implemented; requiring the governor 
          to submit a biennial policy report to the legislature 
          on energy and the environment; designating a river 
          area of concern; amending Minnesota Statutes 1990, 
          sections 115A.03, subdivision 24a; 115A.956; 115A.96, 
          subdivision 6; and 116.07, subdivisions 4j and 4k; 
          proposing coding for new law in Minnesota Statutes, 
          chapters 116D and 116G; repealing Minnesota Statutes 
          1990, section 116D.07. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 115A.03, 
subdivision 24a, is amended to read: 
    Subd. 24a.  [PROBLEM MATERIAL.] "Problem material" means a 
material that, when it is processed or disposed of with mixed 
municipal solid waste, contributes to one or more of the 
following results: 
    (1) the release of a hazardous substance, or pollutant or 
contaminant, as defined in section 115B.02, subdivisions 8, 13, 
and 15; 
    (2) pollution of water as defined in section 115.01, 
subdivision 5; 
    (3) air pollution as defined in section 116.06, subdivision 
3; or 
    (4) a significant threat to the safe or efficient operation 
of a solid waste processing facility. 
    Sec. 2.  Minnesota Statutes 1990, section 115A.956, is 
amended to read: 
    115A.956 [SOLID WASTE DISPOSAL PROBLEM MATERIALS.] 
    Subdivision 1.  [PROBLEM MATERIAL PROCESSING AND DISPOSAL 
PLAN.] The office shall develop a plan that designates problem 
materials and available capacity for processing and disposal of 
problem materials including household hazardous waste that 
should not be in mixed municipal solid waste.  In developing the 
plan, the office shall consider relevant regional 
characteristics and the impact of problem materials on specific 
processing and disposal technologies. 
    Subd. 2.  [PROBLEM MATERIAL SEPARATION AND COLLECTION 
PLAN.] After the office certifies that sufficient processing and 
disposal capacity is available, but no later than November 15, 
1992, the office shall develop a plan for separating problem 
materials from mixed municipal solid waste, collecting the 
problem materials, and transporting the problem materials to a 
processing or disposal facility and may by rule prohibit 
the disposal placement of the designated problem materials in 
mixed municipal solid waste.  
    Sec. 3.  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 include a strategy for separation of household 
hazardous waste from mixed municipal solid waste and the 
collection, storage, and disposal proper management 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. 
    Sec. 4.  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 using 
or projected in the permit to use the facility has in place a 
solid waste management plan approved under section 115A.46 or 
473.803 and amended as required by section 115A.96, subdivision 
6.  The agency shall issue the permit only if the capacity of 
the facility is consistent with the needs for resource recovery 
or disposal capacity identified in the approved plan or plans.  
Consistency must be determined by the metropolitan council for 
counties in the metropolitan area and by the agency for counties 
outside the metropolitan area.  Plans approved before January 1, 
1990, need not be revised if the capacity sought in the permit 
is consistent with the approved plan or plans. 
    (b) The agency shall require as part of the permit 
application for a waste incineration facility identification of 
preliminary plans for ash management and ash leachate treatment 
or ash utilization.  The permit issued by the agency must 
include requirements for ash management and ash leachate 
treatment. 
    Sec. 5.  Minnesota Statutes 1990, section 116.07, 
subdivision 4k, is amended to read: 
    Subd. 4k.  [HOUSEHOLD HAZARDOUS WASTE AND OTHER PROBLEM 
MATERIALS MANAGEMENT.] (a) The agency shall adopt rules to 
require the owner or operator of a solid waste disposal facility 
or resource recovery facility to submit to the agency and to 
each county using or projected to use the facility a management 
plan for the separation of household hazardous waste and other 
problem materials from solid waste prior to disposal or 
processing and for the proper disposal management of the waste.  
The rules must require that the plan be developed in 
coordination with each county using, or projected to use, the 
facility.  The plan must not be inconsistent with the plan 
developed under section 115A.956, subdivision 2, and must 
include: 
    (1) identification of materials that are problem materials, 
as defined in section 115A.03, subdivision 24a, for the 
facility; 
    (2) participation in public education activities on 
management of household hazardous waste management and other 
problem materials in the facility's service area; 
    (2) (3) a strategy for reduction of household hazardous 
waste and other problem materials entering the facility; and 
    (3) (4) a plan for the storage and disposal proper 
management of separated household hazardous waste and other 
problem materials. 
    (b) After June By September 30, 1992, the owner or operator 
of a facility shall implement the elements of the plan required 
in paragraph (a) relating to household hazardous waste 
management.  After that date, the agency may not grant or renew 
a permit for a facility that has not submitted a household 
hazardous waste management plan. until the agency has: 
    (1) reviewed the elements of the facility's plan relating 
to household hazardous waste management; 
    (2) directed the applicant or permittee to make changes to 
these elements as necessary to comply with the plan requirements 
under paragraph (a); and 
    (3) included a requirement to implement the elements as a 
condition of the issued or renewed permit. 
    (c) By September 30, 1993, the owner or operator of a 
facility shall implement the elements of the plan required in 
paragraph (a) relating to problem materials management.  After 
that date, the agency may not grant or renew a permit for a 
facility until the agency has: 
    (1) reviewed the elements of the facility's plan relating 
to problem materials management; 
    (2) directed the applicant or permittee to make changes to 
these elements as necessary to comply with the plan requirements 
under paragraph (a); and 
    (3) included a requirement to implement the elements as a 
condition of the issued or renewed permit. 
    Sec. 6.  [116D.10] [ENERGY AND ENVIRONMENTAL STRATEGY 
REPORT.] 
    On or before January 1 of each even-numbered year, the 
governor shall transmit to the energy and environment and 
natural resources committees of the legislature a concise, 
comprehensive written report on the energy and environmental 
strategy of the state. 
    The report must be sufficiently comprehensive to assist the 
legislature in allocating funds to support all of the policies, 
plans, and programs of the state related to energy and the 
environment, and specifically must include: 
    (1) a concise, comprehensive discussion of state, and, as 
applicable, national and global energy and environmental 
problems, including but not limited to:  indoor and outdoor air 
pollution, water pollution, atmospheric changes, stratospheric 
ozone depletion, damage to terrestrial systems, deforestation, 
regulation of pesticides and toxic substances, solid and 
hazardous waste management, ecosystem protection (wetlands, 
estuaries, groundwater, Lake Superior and the inland lakes and 
rivers), population growth, preservation of animal and plant 
species, soil erosion, and matters relating to the availability 
and conservation of crude oil and of refined petroleum product 
and other energy sources; 
    (2) a concise, comprehensive description and assessment of 
the policies and programs of all departments and agencies of the 
state responsible for issues listed in clause (1), including a 
concise discussion of the long-term objectives of such policies 
and programs; existing and proposed funding levels; the impact 
of each policy and program on pollution prevention, emergency 
preparedness and response, risk assessment, land management, 
technology transfer, and matters relating to the availability 
and conservation of crude oil and of refined petroleum product 
and other energy sources; and the impact of each on relations 
with the other states, the federal government, membership in 
national organizations, and funding of programs for state 
environmental protection and energy issues; 
    (3) a concise description and assessment of the integration 
and coordination of policies, plans, environmental programs, and 
energy programs of the state with the policies and programs of 
the federal government, the environmental and energy policies 
and programs of the other states, and the environmental and 
energy policies and programs of major state and national 
nonprofit conservation organizations; 
    (4) a concise description and assessment of all efforts by 
the state to integrate effectively its energy and environmental 
strategy with: 
    (i) the science and technology strategy of the federal 
government, including objectives, priorities, timing, funding 
details, and expected results of all environmental and energy 
research and development supported by the federal government and 
of all efforts at regional, national, and international 
cooperation on environmental and energy research and 
development; 
    (ii) the national energy policies of the federal 
government, including objectives, priorities, timing, funding 
details, and expected results of all efforts supported by the 
federal government aimed at reducing energy demand, improving 
energy efficiency and conservation, fuel-switching, using safe 
nuclear power reactors, employing clean coal technology, 
promoting renewable energy sources, promoting research and 
possible use of alternative fuels, promoting biomass research, 
promoting energy research and development in general, and 
advancing regional, national, and international energy 
cooperation; 
     (iii) the national environmental education strategy of the 
federal government, including objectives, priorities, timing, 
funding details, and expected results of all domestic and 
international education efforts supported by the United States 
to improve both public participation and awareness of the need 
for environmental protection; 
     (iv) the technology transfer strategy of the federal 
government, including objectives, priorities, timing, funding 
details, and expected results of all domestic and international 
environmental and energy technology transfer efforts to foster 
collaboration and cooperation between federal agencies and state 
and local governments, universities, nonprofit conservation 
organizations, and private industry in order to improve the 
competitiveness of the state and the nation in the world 
marketplace and promote environmental and energy technology 
advancement; and 
    (v) the national security strategy of the federal 
government, including objectives, priorities, timing, funding, 
and expected results of the national security programs to be 
most compatible with requirements for environmental preservation 
and a national energy policy, while accomplishing missions 
essential to national security; 
    (5) a concise assessment of the overall effectiveness of 
the energy and environmental strategy of the state, including a 
concise description of the organizational processes used to 
provide a body of energy and environmental information and to 
evaluate the results of energy and environmental programs; the 
use of statistical methods; the degree to which the strategy is 
long-term, comprehensive, integrated, flexible, and oriented 
toward achieving broad concensus in the state, the nation, and 
abroad; and recommendations on the ways in which the legislature 
can assist the governor in making the strategy more effective; 
     (6) specific two-year, five-year and, as appropriate, 
longer term goals for the implementation of the energy and 
environmental strategy of the state; and 
    (7) such other pertinent information as may be necessary to 
provide information to the legislature on matters relating to 
the overall energy and environmental strategy of the state and 
to develop state programs coordinated with those formulated on a 
national and international level. 
     Sec. 7.  [116D.11] [REPORT PREPARATION.] 
    Subdivision 1.  [AGENCY RESPONSIBILITY.] Each department or 
agency of the state, as designated by the governor, shall assist 
in the preparation of the strategy report.  Each designated 
department or agency shall prepare a preliminary strategy report 
relating to those programs or policies over which the department 
or agency has jurisdiction.  Each preliminary strategy report 
shall: 
    (1) describe concisely the existing policies and programs 
of the department or agency as they relate to the issues listed 
in section 116D.10, clause (1); 
    (2) describe concisely and evaluate the long-term 
objectives of the department or agency as they relate to the 
issues listed in section 116D.10, clause (1); 
    (3) identify and make proposals about the development of 
department or agency financial management budgets as they relate 
to the issues listed in section 116D.10, clause (1); 
    (4) describe concisely the strategy and procedure of the 
department or agency to recruit, select, and train personnel to 
carry out department or agency goals and functions as they 
relate to the issues listed in section 116D.10, clause (1); 
    (5) identify and make proposals to eliminate duplicative 
and unnecessary programs or systems, including encouraging 
departments and agencies to share systems or programs that have 
sufficient capacity to perform the functions needed as they 
relate to the issues listed in section 116D.10, clause (1); and 
    (6) establish two-year quantitative goals for policy 
implementation. 
    Subd. 2.  [PRIMARY RESPONSIBILITY.] The environmental 
quality board shall have the primary responsibility for 
preparing the energy and environmental strategy report of the 
state, as required by section 116D.10.  The board shall assemble 
all preliminary reports prepared pursuant to subdivision 1 under 
a timetable established by the board and shall use the 
preliminary reports in the preparation of the draft energy and 
environmental strategy report of the state.  Each department or 
agency designated by the governor to prepare a preliminary 
strategy report shall submit a copy of the preliminary strategy 
report to the governor and to the board at the same time. 
    Subd. 3.  [REPORT TO GOVERNOR.] On or before October 1 of 
each odd-numbered year, the environmental quality board shall 
transmit to the governor a draft of the written report on the 
energy and environmental strategy of the state.  The governor 
may change the report and may request additional information or 
data from any department or agency of the state responsible for 
issues listed in section 116D.10, clause (1).  Any such 
requested additional information or data shall be prepared and 
submitted promptly to the governor. 
    Subd. 4.  [STRATEGY AND FINAL REPORTS.] (a) Any department 
or agency of the state required to submit a biennial report to 
the legislature in an even-numbered year under section 15.063 
may reference part or all of the discussion and information 
contained in a preliminary strategy report of that department or 
agency prepared in the prior odd-numbered year in fulfillment of 
providing any of the substantially equivalent material required 
to be in the biennial report to the legislature. 
    (b) It is the intent of the legislature that any 
preliminary strategy report by a department or agency, the draft 
energy and environmental strategy report of the state prepared 
by the environmental quality board, and the final report on the 
energy and environmental strategy of the state as transmitted by 
the governor should be written in as concise and easily 
understood a manner as possible while being sufficiently 
comprehensive to assist the legislature in allocating funds to 
support the policies, plans, and programs of the state related 
to energy and the environment.  All preliminary, draft, and 
final reports shall contain minimal extraneous and irrelevant 
material. 
    (c) It is the intent of the legislature that the primary 
responsibility for preparing the preliminary strategy report 
relating to energy shall be the responsibility of the department 
of public service and that the primary responsibility for 
preparing the preliminary strategy report relating to the 
environment shall be the responsibility of the pollution control 
agency. 
    (d) To aid in effectuating the goal of the legislature that 
all preparatory and final reports be written in a concise and 
understandable manner, no preliminary strategy report of any 
department or agency shall exceed, without the prior approval of 
the environmental quality board, 30 double-spaced pages or the 
equivalent, 8-1/2 x 11 inches in size, including all appendices, 
addenda, and attachments, except those that contain primarily 
charts, graphs, tabulations, or contain other numerical or 
pictorial information.  Notwithstanding the foregoing, 
preliminary strategy reports of the department of public service 
and the pollution control agency may not exceed 50 double-spaced 
pages or the equivalent, 8-1/2 x 11 inches in size, including 
all appendices, addenda, and attachments, except those that 
contain primarily charts, graphs, tabulations or contain other 
numerical or pictorial information. 
    Sec. 8.  [116G.15] [MISSISSIPPI RIVER CRITICAL AREA.] 
    The federal Mississippi National River and Recreation Area 
established pursuant to United States Code, title 16, section 
460zz-2(k), is designated an area of critical concern in 
accordance with this chapter.  The governor shall review the 
existing Mississippi river critical area plan and specify any 
additional standards and guidelines to affected communities in 
accordance with section 116G.06, subdivision 2, paragraph (b), 
clauses (3) and (4), needed to insure preservation of the area 
pending the completion of the federal plan. 
    Sec. 9.  [REPEALER.] 
    Minnesota Statutes 1990, section 116D.07, is repealed. 
    Presented to the governor May 30, 1991 
    Filed with the secretary of state June 10, 1991