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Minnesota Legislature

Office of the Revisor of Statutes

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

  

                         Laws of Minnesota 1992 

                        CHAPTER 593-S.F.No. 2199 
           An act relating to waste management; defining 
          postconsumer material; emphasizing and clarifying 
          waste reduction; setting requirements for use of 
          labels on products and packages indicating recycled 
          content; authorizing the director of the office of 
          waste management to establish rules for reporting 
          waste statistics; setting a goal for reduction of 
          packaging in the waste stream; amending provisions 
          related to designation of waste; strengthening the 
          requirement for pricing of waste collection based on 
          volume or weight of waste collected; requiring 
          recycled content in and recyclability of telephone 
          directories and requiring recycling of waste 
          directories; changing provisions relating to financial 
          responsibility requirements and low-level radioactive 
          waste; prohibiting the use of petroleum-based sweeping 
          compound products; requiring labeling of rechargeable 
          batteries; prohibiting the imposition of fees on the 
          generation of certain hazardous wastes that are reused 
          or recycled; requiring studies on automobile waste, 
          degradable packing material, construction debris, and 
          used motor oil; and making various other amendments 
          and additions related to solid waste management; 
          providing for the Minnesota hazardous materials 
          incident response act; appropriating money; amending 
          Minnesota Statutes 1990, sections 16B.121; 115A.03, 
          subdivision 36a, and by adding subdivisions; 115A.07, 
          by adding a subdivision; 115A.32; 115A.551, 
          subdivision 5; 115A.557, subdivision 3; 115A.63, 
          subdivision 3; 115A.81, subdivision 2; 115A.87; 
          115A.93, by adding a subdivision; 115A.981; 116.12, 
          subdivision 2; 325E.125, subdivision 1; 400.08, 
          subdivisions 4 and 5; 400.161; 473.811, subdivision 
          5b; and 473.844, subdivision 4; Minnesota Statutes 
          1991 Supplement, sections 16B.122, subdivision 2; 
          115A.02; 115A.15, subdivision 9; 115A.411, subdivision 
          1; 115A.551, subdivisions 2a and 4; 115A.83; 
          115A.9157, subdivisions 4 and 5; 115A.93, subdivision 
          3; 115A.931; 115E.04, subdivision 2; 116.07, 
          subdivision 4h; 116.90; 116C.852; and 473.849; Laws 
          1990, chapter 600, section 7; Laws 1991, chapter 337, 
          section 90; proposing coding for new law in Minnesota 
          Statutes, chapters 16B; 115A; 221; 299A; 299K; and 
          325E. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                ARTICLE 1 
    Section 1.  Minnesota Statutes 1990, section 16B.121, is 
amended to read: 
    16B.121 [PURCHASE OF RECYCLED, REPAIRABLE, AND DURABLE 
MATERIALS.] 
    The commissioner shall take the recycled content and 
recyclability of commodities to be purchased into consideration 
in bid specifications.  The commissioner shall apply weighting 
factors to the recycled content and recyclability criteria in 
order to give a preferential treatment to those criteria.  State 
agencies shall purchase recycled materials when specifications 
allow the practical use of the recycled materials and the price 
does not exceed the price of nonrecycled materials by more than 
ten percent.  If possible, state agencies should purchase 
materials recycled from waste generated in this state.  When 
feasible and when the price of recycled materials does not 
exceed the price of nonrecycled materials by more than ten 
percent, the commissioner, and state agencies when purchasing 
under delegated authority, shall purchase recycled materials.  
In order to maximize the quantity and quality of recycled 
materials purchased, the commissioner, and state agencies when 
purchasing under delegated authority, may also use other 
appropriate procedures to acquire recycled materials at the most 
economical cost to the state. 
    When purchasing commodities and services, the commissioner, 
and state agencies when purchasing under delegated authority, 
shall apply and promote the preferred waste management practices 
listed in section 115A.02, with special emphasis on reduction of 
the quantity and toxicity of materials in waste.  The 
commissioner, and state agencies when purchasing under delegated 
authority, in developing bid specifications, shall consider the 
extent to which a commodity or product is durable, reusable, or 
recyclable and marketable through the state resource recovery 
program. 
    Sec. 2.  Minnesota Statutes 1991 Supplement, section 
16B.122, subdivision 2, is amended to read: 
    Subd. 2.  [PURCHASES; PRINTING.] (a) Whenever practicable, 
a public entity shall:  
    (1) purchase uncoated office paper and printing paper; 
    (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 resource 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 postconsumer material. 
    (c) A public entity shall print documents on both sides of 
the paper where commonly accepted publishing practices allow.  
     Sec. 3.  [16B.123] [PACKING MATERIALS.] 
    Whenever technically feasible, a public entity shall 
purchase and use degradable loose foam packing material 
manufactured from vegetable starches or other renewable 
resources, unless the cost of the packing material is more than 
ten percent greater than the cost of packing material made from 
nonrenewable resources.  For the purposes of this section, 
"packing material" means loose foam material, other than an 
exterior packaging shell, that is used to stabilize, protect, 
cushion, or brace the contents of a package. 
    Sec. 4.  Minnesota Statutes 1991 Supplement, 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 the amount and toxicity of 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; 
    (3) composting of yard waste and food waste; 
    (4) resource recovery through mixed municipal solid waste 
composting or incineration; and 
    (5) land disposal. 
    Sec. 5.  Minnesota Statutes 1990, section 115A.03, is 
amended by adding a subdivision to read: 
    Subd. 6a.  [COMMISSIONER.] "Commissioner" means the 
commissioner of the pollution control agency. 
    Sec. 6.  Minnesota Statutes 1990, section 115A.03, is 
amended by adding a subdivision to read: 
     Subd. 24b.  [POSTCONSUMER MATERIAL.] "Postconsumer material"
means a finished material that would normally be discarded as a 
solid waste having completed its life cycle as a consumer item. 
    Sec. 7.  Minnesota Statutes 1990, section 115A.03, 
subdivision 36a, is amended to read: 
    Subd. 36a.  [WASTE REDUCTION; SOURCE REDUCTION.] "Waste 
reduction" or "source reduction" means an activity that prevents 
generation of waste or the inclusion of toxic materials in 
waste, including:  
    (1) reusing a product in its original form,; 
    (2) increasing the life span of a product,; 
    (3) reducing material or the toxicity of material used in 
production or packaging,; or 
    (4) changing procurement, consumption, or waste generation 
habits to result in smaller quantities or lower toxicity of 
waste generated. 
    Sec. 8.  [115A.034] [ENFORCEMENT.] 
    Chapter 115A may be enforced under section 116.072. 
    Sec. 9.  Minnesota Statutes 1990, section 115A.07, is 
amended by adding a subdivision to read: 
    Subd. 3.  [UNIFORM WASTE STATISTICS; RULES.] The director, 
after consulting with the commissioner, the metropolitan 
council, local government units, and other interested persons, 
may adopt rules to establish uniform methods for collecting and 
reporting waste reduction, generation, collection, 
transportation, storage, recycling, processing, and disposal 
statistics necessary for proper waste management and for 
reporting required by law.  Prior to publishing proposed rules, 
the director shall submit draft rules to the legislative 
commission on waste management for review and comment.  Rules 
adopted under this subdivision apply to all persons and units of 
government in the state for the purpose of collecting and 
reporting waste-related statistics requested under or required 
by law. 
    Sec. 10.  Minnesota Statutes 1991 Supplement, 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.  By August March 1 
of each year the commissioner shall report to the office and the 
metropolitan council the estimated recycling rates by county for 
state offices and other state operations in the metropolitan 
area for the previous fiscal calendar 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. 11.  Minnesota Statutes 1990, section 115A.32, is 
amended to read: 
    115A.32 [RULES.] 
    The office board shall promulgate rules pursuant to chapter 
14 to govern its activities under sections 115A.32 to 
115A.39.  For the purposes of sections 115A.32 to 115A.39, 
"board" means the environmental quality board established in 
section 116C.03.  In all of its activities and deliberations 
under sections 115A.32 to 115A.39, the board shall consult with 
the director of the office of waste management. 
    Sec. 12.  Minnesota Statutes 1991 Supplement, section 
115A.411, subdivision 1, is amended to read: 
    Subdivision 1.  [AUTHORITY; PURPOSE.] The director with 
assistance from the commissioner shall prepare and adopt a 
report on solid waste management policy excluding the 
metropolitan area.  The report must be submitted by the director 
to the legislative commission on waste management by November 15 
July 1 of each even-numbered year and may include reports 
required under sections 115A.551, subdivision 4, and 115A.557, 
subdivision 4.  
    Sec. 13.  [115A.5501] [REDUCTION OF PACKAGING IN WASTE.] 
    Subdivision 1.  [STATEWIDE WASTE PACKAGING REDUCTION GOAL.] 
It is the goal of the state that there be a minimum 25 percent 
statewide per capita reduction in the amount of discarded 
packaging delivered to solid waste composting, incineration, 
refuse derived fuel and disposal facilities by December 31, 
1995, based on a reasonable estimate of the amount of packaging 
that was delivered to solid waste composting, incineration, and 
disposal facilities in calendar year 1992. 
    Subd. 2.  [MEASUREMENT; PROCEDURES.] To measure the overall 
percentage of packaging in the statewide solid waste stream, the 
commissioner and the chair of the metropolitan council, in 
consultation with the director, shall each conduct an annual 
four-season solid waste composition study in the nonmetropolitan 
and metropolitan areas respectively or shall develop an 
alternative method that is as statistically reliable as a waste 
composition study to measure the percentage of packaging in the 
waste stream. 
    Beginning in 1993, the chair of the council shall submit 
the results from the metropolitan area to the commissioner by 
March 1 of each year.  The commissioner shall average the 
nonmetropolitan and metropolitan results and submit the 
statewide percentage, along with a statistically reliable margin 
of error, to the director by April 1 of each year.  The director 
shall report the information to the legislative commission on 
waste management by July 1 of each year. 
    Subd. 3.  [FACILITY COOPERATION AND REPORTS.] The owner or 
operator of a solid waste composting, incineration, refuse 
derived fuel or disposal facility shall allow access upon 
reasonable notice to authorized office, agency, or metropolitan 
council staff for the purpose of conducting waste composition 
studies or otherwise assessing the amount of total packaging in 
the waste delivered to the facility under this section. 
    Beginning in 1993, by February 1 of each year the owner or 
operator of a facility governed by this subdivision shall submit 
a report to the commissioner, on a form prescribed by the 
commissioner, information specifying the total amount of solid 
waste received by the facility between January 1 and December 31 
of the previous year.  The commissioner shall calculate the 
total amount of solid waste delivered to solid waste facilities 
from the reports received from the facility owners or operators 
and shall report the aggregate amount to the director by April 1 
of each year.  The commissioner shall assess a nonforgivable 
administrative penalty under section 116.072 of $500 plus any 
forgivable amount necessary to enforce this subdivision on any 
owner or operator who fails to submit a report required by this 
subdivision. 
    Subd. 4.  [REPORT.] The director shall apply the statewide 
percentage determined under subdivision 2 to the aggregate 
amount of solid waste determined under subdivision 3 to 
determine the amount of packaging in the waste stream.  By July 
1, 1996, the director shall submit to the legislative commission 
on waste management an analysis of the extent to which the waste 
packaging reduction goal in subdivision 1 has been met.  In 
determining whether the goal has been met, the margin of error 
must be applied in favor of meeting the goal. 
     Sec. 14.  Minnesota Statutes 1991 Supplement, section 
115A.551, subdivision 2a, is amended to read: 
    Subd. 2a.  [SUPPLEMENTARY RECYCLING GOALS.] By July 
December 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 "recycle" 
and "total solid waste generation" has have the meaning 
meanings given it them in subdivision 1, except that it does not 
include neither includes yard waste. 
    Sec. 15.  Minnesota Statutes 1991 Supplement, 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 goals 
in subdivision subdivisions 2 and 2a and shall report to the 
legislative commission on waste management on the progress of 
the counties by November 15 of each year.  If the office or the 
council finds that a county is not progressing toward the goal 
goals in subdivision subdivisions 2 and 2a, it shall negotiate 
with the county to develop and implement solid waste management 
techniques designed to assist the county in meeting the goal 
goals, 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. 16.  Minnesota Statutes 1990, section 115A.551, 
subdivision 5, is amended to read: 
    Subd. 5.  [FAILURE TO MEET GOAL.] (a) A county failing to 
meet the interim goals in subdivision 3 shall, as a minimum: 
    (1) notify county residents of the failure to achieve the 
goal and why the goal was not achieved; and 
    (2) provide county residents with information on recycling 
programs offered by the county. 
    (b) If, based on the recycling monitoring described in 
subdivision 4, the office or the metropolitan council finds that 
a county will be unable to meet the recycling goal goals 
established in subdivision subdivisions 2 and 2a, the office or 
council shall, after consideration of the reasons for the 
county's inability to meet the goal goals, recommend legislation 
for consideration by the legislative commission on waste 
management to establish mandatory recycling standards and to 
authorize the office or council to mandate appropriate solid 
waste management techniques designed to meet the standards in 
those counties that are unable to meet the goal goals. 
    Sec. 17.  Minnesota Statutes 1990, section 115A.557, 
subdivision 3, is amended to read: 
    Subd. 3.  [ELIGIBILITY TO RECEIVE MONEY.] (a) To be 
eligible to receive money distributed by the office under this 
section, a county shall within one year of October 4, 1989: 
    (1) create a separate account in its general fund to credit 
the money; and 
    (2) set up accounting procedures to ensure that money in 
the separate account is spent only for the purposes in 
subdivision 2. 
    (b) In each following year, each county shall also: 
    (1) have in place an approved solid waste management plan 
or master plan including a recycling implementation strategy 
under section 115A.551, subdivision 7, or 473.803, subdivision 
1e, and a household hazardous waste management plan under 
section 115A.96, subdivision 6, by the dates specified in those 
provisions; 
    (2) submit a report by August March 1 of each year to the 
office detailing how the money was spent and the resulting gains 
achieved in solid waste management practices during the previous 
fiscal calendar year; and 
    (3) provide evidence to the office that local revenue equal 
to 25 percent of the money sought for distribution under this 
section will be spent for the purposes in subdivision 2. 
    (c) The office shall withhold all or part of the funds to 
be distributed to a county under this section if the county 
fails to comply with this subdivision and subdivision 2. 
      Sec. 18.  [115A.56] [RECYCLED CONTENT; LABELS.] 
     A person may not label or otherwise indicate on a product 
or package for sale or distribution that the product or package 
contains recycled material unless the label or other indication 
states the minimum percentage of postconsumer material in the 
product or package: 
     (1) by weight for a finished nonpaper product or package; 
and 
     (2) by fiber content for a finished paper product or 
package. 
     For the purposes of this section "product" includes 
advertising materials and campaign material as defined in 
section 211B.01, subdivision 2. 
    Sec. 19.  Minnesota Statutes 1990, section 115A.63, 
subdivision 3, is amended to read: 
    Subd. 3.  [RESTRICTIONS.] No waste district shall be 
established within the boundaries of the Western Lake Superior 
Sanitary District established by Laws 1971, chapter 478, as 
amended.  No waste district shall be established wholly within 
one county.  The office director shall not establish a waste 
district within or extending into the metropolitan area, nor 
define or alter the powers or boundaries of a district, without 
the approval of the metropolitan council.  The council shall not 
approve a district unless the articles of incorporation of the 
district require that the district will have the same procedural 
and substantive responsibilities, duties, and relationship to 
the metropolitan agencies as a metropolitan county.  The office 
shall not establish a district unless the petitioners 
demonstrate that they are unable to fulfill the purposes of a 
district through joint action under section 471.59.  The office 
director shall require the completion of a comprehensive solid 
waste management plan conforming to the requirements of section 
115A.46, by petitioners seeking to establish a district.  
    Sec. 20.  Minnesota Statutes 1990, section 115A.81, 
subdivision 2, is amended to read: 
    Subd. 2.  [DESIGNATION.] "Designation" means a requirement 
by a waste management district or county that all or any portion 
of the mixed municipal solid waste that is generated within its 
boundaries or any service area thereof be delivered to a 
processing or disposal facility identified by the district or 
county. 
    Sec. 21.  Minnesota Statutes 1991 Supplement, section 
115A.83, is amended to read: 
    115A.83 [EXEMPTION WASTES SUBJECT TO DESIGNATION; 
EXEMPTIONS.] 
     Subdivision 1.  [APPLICATION.] Designation applies to the 
following wastes: 
    (1) mixed municipal solid waste; and 
    (2) other solid waste that prior to final processing or 
disposal: 
    (i) is not managed as a separate waste stream; or 
    (ii) is managed as a separate waste stream using a waste 
management practice that is ranked lower on the list of waste 
management practices in section 115A.02, paragraph (b), than the 
primary waste management practice that would be used on the 
waste at the designated facility. 
    Subd. 2.  [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; 
    (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; or 
    (4) recyclable materials that are being recycled, and 
residuals from recycling if there is at least an 85 percent 
volume reduction in the solid waste processed at the recycling 
facility and the residuals are managed as separate waste streams.
    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. 22.  Minnesota Statutes 1990, section 115A.87, is 
amended to read: 
     115A.87 [JUDICIAL REVIEW.] 
     An action challenging a designation must be brought within 
60 days of the approval of the designation by the reviewing 
authority.  The action is subject to section 562.02.  
    In any action challenging a designation ordinance or the 
implementation of a designation ordinance, the person bringing 
the challenge shall notify the attorney general.  The attorney 
general may intervene in any administrative or court action to 
represent the state's interest in designation of solid waste. 
    Sec. 23.  Minnesota Statutes 1991 Supplement, section 
115A.9157, subdivision 4, is amended to read: 
    Subd. 4.  [PILOT PROJECTS.] By April 15, 1992, 
manufacturers whose rechargeable batteries or products powered 
by nonremovable rechargeable batteries are sold in this state 
shall implement pilot projects for the collection and proper 
management of all rechargeable batteries and the participating 
manufacturers' products powered by nonremovable rechargeable 
batteries.  Manufacturers may act as a group or through a 
representative organization.  The pilot projects must run for a 
minimum of 18 months and be designed to collect sufficient 
statewide data for the design and implementation of permanent 
collection and management programs that may be reasonably 
expected to collect at least 90 percent of waste rechargeable 
batteries and the participating manufacturers' products powered 
by rechargeable batteries that are generated in the state. 
    By December 1, 1991, the manufacturers or their 
representative organization shall submit plans for the projects 
to the legislative commission.  At least every six months during 
the pilot projects the manufacturers shall submit progress 
reports to the commission.  The commission shall review the 
plans and progress reports. 
    By November 1, 1993, the manufacturers or their 
representative organization shall report to the legislative 
commission the final results of the projects and plans for 
implementation of permanent programs.  The commission shall 
review the final results and plans. 
    Sec. 24.  Minnesota Statutes 1991 Supplement, section 
115A.9157, subdivision 5, is amended to read: 
    Subd. 5.  [COLLECTION AND MANAGEMENT PROGRAMS.] By April 
15, 1994, the manufacturers or their representative organization 
shall implement permanent programs, based on the results of the 
pilot projects required in subdivision 3 4, that may be 
reasonably expected to collect 90 percent of the waste 
rechargeable batteries and the participating manufacturers' 
products powered by rechargeable batteries that are generated in 
the state.  The batteries and products collected must be 
recycled or otherwise managed or disposed of properly. 
    Sec. 25.  Minnesota Statutes 1991 Supplement, section 
115A.93, subdivision 3, is amended to read: 
    Subd. 3.  [LICENSE REQUIREMENTS; PRICING BASED ON VOLUME OR 
WEIGHT.] (a) A licensing authority shall require that licensees 
to impose charges for collection of mixed municipal solid 
waste vary that increase 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. 26.  Minnesota Statutes 1990, section 115A.93, is 
amended by adding a subdivision to read: 
    Subd. 3a.  [VOLUME REQUIREMENT.] A licensing authority that 
requires a pricing system based on volume instead of weight 
under subdivision 3 shall determine a base unit size for an 
average small quantity household generator and establish, or 
require the licensee to establish, a multiple unit pricing 
system that ensures that amounts of waste generated in excess of 
the base unit amount are priced higher than the base unit price. 
    Sec. 27.  [115A.9301] [SOLID WASTE COLLECTION; VOLUME- OR 
WEIGHT-BASED PRICING.] 
    Subdivision 1.  [REQUIREMENT.] A local government unit that 
collects charges for solid waste collection directly from waste 
generators shall implement charges that increase as the volume 
or weight of the waste collected on-site from each generator's 
residence or place of business increases. 
    Subd. 2.  [VOLUME REQUIREMENT.] If a local government unit 
implements a pricing system based on volume instead of weight 
under subdivision 1, it shall determine a base unit size for an 
average small quantity household generator and establish a 
multiple unit pricing system that ensures that amounts of waste 
generated in excess of the base unit amount are priced higher 
than the base unit price.  
    Sec. 28.  Minnesota Statutes 1991 Supplement, section 
115A.931, is amended to read: 
    115A.931 [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 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 reuse, composting, or co-composting. 
    (b) Yard waste subject to this subdivision is includes 
garden wastes, leaves, lawn cuttings, weeds, shrub and tree 
waste, and prunings. 
    Sec. 29.  [115A.951] [TELEPHONE DIRECTORIES.] 
    Subdivision 1.  [DEFINITION.] For the purposes of this 
section, a "telephone directory" means a printed list of 
residential, governmental, or commercial telephone service 
subscribers or users, or a combination of subscribers or users, 
that contains more than 7,500 listings and is distributed to the 
subscribers or users. 
    Subd. 2.  [PROHIBITION.] A person may not place a telephone 
directory: 
    (1) in solid waste; 
    (2) in a disposal facility; or 
    (3) in a resource recovery facility, except a recycling 
facility. 
    Subd. 3.  [RECYCLABILITY.] A person may not distribute a 
telephone directory to any person in this state unless the 
telephone directory: 
    (1) is printed on paper that is recyclable; 
    (2) is printed with inks that contain no heavy metals or 
other toxic materials; and 
    (3) is bound with materials that pose no unreasonable 
barriers to recycling of the directory. 
    Subd. 4.  [COLLECTION OF USED DIRECTORIES.] Each publisher 
or distributor of telephone directories shall: 
    (1) provide for the collection and delivery to a recycler 
of waste telephone directories; 
    (2) inform recipients of directories of the collection 
system; and 
    (3) submit a report to the office of waste management by 
August 1 of each year that specifies the percentage of 
distributed directories collected as waste directories by 
distribution area and the locations where the waste directories 
were delivered for recycling and that verifies that the 
directories have been recycled. 
    Sec. 30.  Minnesota Statutes 1990, section 115A.981, is 
amended to read: 
    115A.981 [SOLID WASTE DISPOSAL FACILITIES ANNUAL 
REPORTING MANAGEMENT; ECONOMIC STATUS AND OUTLOOK.] 
    Subdivision 1.  [RECORD KEEPING REQUIREMENTS.] The owner or 
operator of a solid waste disposal facility must maintain the 
records necessary to comply with the requirements of subdivision 
2.  
    Subd. 2.  [ANNUAL REPORTING.] (a) The owner or operator of 
a solid waste disposal facility must:  
    (1) shall submit an annual report to the agency under 
section 115A.32; commissioner that includes: 
    (2) (1) annually certify a certification that it the 
owner or operator has established financial assurance for 
closure, postclosure care, and corrective action at the facility 
by using one or more of the financial assurance mechanisms 
specified by rule and specification of the financial assurance 
mechanism used, including the amount paid in or assured during 
the past year and the total amount of financial assurance 
accumulated to date; and 
    (3) (2) file a fee schedule with the agency with the 
annual report. 
    (b) The fee schedule must list of fees charged by the 
facility for waste management, including all tipping fees, 
rates, charges, surcharges, and any other fees charged by to 
each classification of customer.  
    (b) The agency may suspend the operation of a disposal 
facility whose permittee fails to file the information required 
under this subdivision.  The owner or operator of a facility may 
not increase fees until 30 days after the owner or operator has 
submitted a fee schedule amendment to the agency commissioner.  
    Subd. 3.  [AGENCY REPORT.] (a) The agency commissioner 
shall report to the legislative commission on waste management 
by July 1 of each odd-numbered year on the viability economic 
status and outlook of the state's solid waste processing and 
disposal capability, the status of competitive forces in the 
market including recycling, composting, waste reduction and 
incineration, management sector including:  
    (1) an estimate of the extent to which existing fees prices 
for services are sufficient for facility development, 
engineering, solid waste management paid by consumers reflect 
costs related to environmental and safety factors, the progress 
of the industry in meeting the state's waste management 
goals, public health protection, including a discussion of how 
prices are publicly and privately subsidized and how identified 
costs of waste management are not reflected in the prices; 
      (2) a discussion of how the market structure for solid 
waste management influences prices, considering: 
     (i) changes in the solid waste management market structure; 
    (ii) the relationship between public and private 
involvement in the market; and 
    (iii) the effect on market structures of waste management 
laws and rules; and 
    (3) any recommendations for regulations strengthening or 
improving the market structure for solid waste management to 
ensure protection of human health and the environment, taking 
into account the preferred waste management practices listed in 
section 115A.02 and considering the experiences of other states. 
    (b) In preparing the report, the agency commissioner shall: 
     (1) consult with the director; the metropolitan council; 
local government units; solid waste collectors, transporters, 
and processors; owners and operators of solid waste disposal 
facilities; and other interested persons; 
     (2) consider information received under subdivision 2; and 
     (3) analyze information gathered and comments received 
relating to the most recent solid waste management policy report 
prepared under section 115A.411. 
     The commissioner shall also recommend any legislation 
necessary to ensure adequate and reliable information needed for 
preparation of the report. 
     (c) If an action recommended by the commissioner under 
paragraph (a) would significantly affect the solid waste 
management market structure, the commissioner shall, in 
consultation with the entities listed in paragraph (b), clause 
(1), prepare and include in the report an analysis of the 
potential impacts and effectiveness of the action, including 
impacts on: 
     (1) the public and private waste management sectors; 
     (2) future innovation and responsiveness to new approaches 
to solid waste management; and 
    (3) the costs of waste management. 
    (d) The report must also include: 
    (1) statewide and facility by facility estimates of the 
total potential costs and liabilities associated with solid 
waste disposal facilities for closure and postclosure care, 
response costs under chapter 115B, and any other potential 
costs, liabilities, or financial responsibilities; 
    (2) statewide and facility by facility requirements for 
proof of financial responsibility under section 116.07, 
subdivision 4h; and 
    (3) an annual update addressing how each facility is 
meeting its financial responsibility under section 116.07, 
subdivision 4h, and how each facility is meeting those 
requirements. 
    Sec. 31.  Minnesota Statutes 1991 Supplement, section 
116.07, subdivision 4h, is amended to read: 
    Subd. 4h.  [FINANCIAL RESPONSIBILITY RULES.] (a) The agency 
shall adopt rules requiring the operator or owner of a solid 
waste disposal facility to submit to the agency proof of the 
operator's or owner's financial capability to provide reasonable 
and necessary response during the operating life of the facility 
and for 20 years after closure, and to provide for the closure 
of the facility and postclosure care required under agency 
rules.  Proof of financial responsibility is required of the 
operator or owner of a facility receiving an original permit or 
a permit for expansion after adoption of the rules.  Within 180 
days of the effective date of the rules or by July 1, 1987, 
whichever is later, proof of financial responsibility is 
required of an operator or owner of a facility with a remaining 
capacity of more than five years or 500,000 cubic yards that is 
in operation at the time the rules are adopted.  Compliance with 
the rules and the requirements of paragraph (b) is a condition 
of obtaining or retaining a permit to operate the facility. 
    (b) The agency shall amend the rules adopted under 
paragraph (a) to allow A municipality, as defined in section 
475.51, subdivision 2, including a sanitary district, that owns 
or operates a solid waste disposal facility that was in 
operation on May 15, 1989, to may meet its financial 
responsibility for all or a portion of the contingency action 
portion of the reasonable and necessary response costs at the 
facility through its authority to issue bonds, provided that the 
method developed in the rules will ensure that when funds are 
needed for a contingency action, sufficient bonds can and will 
be issued by the municipality by pledging its full faith and 
credit to meet its responsibility. 
    The rules must include at least The pledge must be made in 
accordance with the requirements in chapter 475 for issuing 
bonds of the municipality, and the following additional 
requirements: 
    (1) a requirement that The governing body of the 
municipality shall enact an ordinance that clearly accepts 
responsibility for the costs of contingency action at the 
facility and that reserves, during the operating life of the 
facility and for 20 years after closure, a portion of the debt 
limit of the municipality, as established under section 475.53 
or other law, that is equal to the total contingency action 
costs calculated under the rules;. 
    (2) a requirement that The municipality assure shall 
require that all collectors that haul to the facility implement 
a plan for reducing solid waste by using volume-based pricing, 
recycling incentives, or other means;. 
    (3) a requirement that When a municipality opts under the 
rules to meet a portion of its financial responsibility by 
relying on its authority to issue bonds, it shall also begin 
setting aside funds in a dedicated long-term care trust fund 
money that will cover a portion of the potential contingency 
action costs at the facility, the amount to be determined by the 
agency for each facility based on at least the amount of waste 
deposited in the disposal facility each year, and the likelihood 
and potential timing of conditions arising at the facility that 
will necessitate response action; and.  The agency may not 
require a municipality to set aside more than five percent of 
the total cost in a single year. 
    (4) a requirement that A municipality shall have and 
consistently maintain an investment grade bond rating as a 
condition of using bonding authority to meet financial 
responsibility under this section. 
    (5) The municipality shall file with the commissioner of 
revenue its consent to have the amount of its contingency action 
costs deducted from state aid payments otherwise due the 
municipality and paid instead to the environmental response, 
compensation, and compliance account created in section 115B.20, 
if the municipality fails to conduct the contingency action at 
the facility when ordered by the agency.  If the agency notifies 
the commissioner that the municipality has failed to conduct 
contingency action when ordered by the agency, the commissioner 
shall deduct the amounts indicated by the agency from the state 
aids in accordance with the consent filed with the commissioner. 
    (6) The municipality shall file with the agency written 
proof that it has complied with the requirements of paragraph 
(b). 
    (c) Counties shall comply with existing financial 
responsibility rules until those rules are amended under 
paragraph (b), and, after that time, counties shall comply with 
the amended rules.  The method for proving financial 
responsibility developed under paragraph (b) may not be applied 
to a new solid waste disposal facility or to expansion of an 
existing facility, unless the expansion is a vertical 
expansion.  Vertical expansions of qualifying existing 
facilities cannot be permitted for a duration of longer than 
three years. 
    Sec. 32.  Minnesota Statutes 1990, section 116.12, 
subdivision 2, is amended to read: 
    Subd. 2.  [HAZARDOUS WASTE GENERATOR FEE.] (a) Each 
generator of hazardous waste shall pay a fee on the hazardous 
waste generated by that generator.  The agency shall compute the 
amount of the fee due based on the hazardous waste disclosures 
submitted by the generators and other information available to 
the agency.  The agency shall annually prepare a statement of 
the amount of the fee due from each generator.  The fee shall be 
paid annually commencing with the first day of the calendar 
quarter after the date of the statement.  
    (b) The agency may exempt generators of small quantities of 
hazardous wastes otherwise subject to the fee if it finds that 
the cost of administering a fee on those generators is excessive 
relative to the proceeds of the fee.  The fee shall consist of a 
minimum fee for each generator not exempted by the agency and an 
additional fee based on the quantity of wastes generated by the 
generator.  
    (c) If any metropolitan counties recover the costs of 
administering county hazardous waste regulations by charging 
fees, the fees charged by the agency outside of those counties 
shall not exceed the fees charged by those counties.  The agency 
shall not charge a fee in any metropolitan county which charges 
such a fee.  The agency shall impose a fee calculated as a 
surcharge on the fees charged by the metropolitan counties and 
by the agency to reflect the agency's expenses in carrying out 
its statewide hazardous waste regulatory responsibilities.  The 
surcharge imposed on the fees charged by the metropolitan 
counties shall be collected by the metropolitan counties in the 
manner in which the counties collect their generator fees. 
Metropolitan counties shall remit the proceeds of the surcharge 
to the agency by the last day of the month following the month 
in which they were collected. 
    (d) The agency may not impose a fee under this subdivision 
on material that is reused at the facility where the material is 
generated in a manner that the facility owner or operator can 
demonstrate does not increase the toxicity of, or the level of 
hazardous substances or pollutants or contaminants in, products 
that leave the facility. 
    Sec. 33.  Minnesota Statutes 1991 Supplement, section 
116.90, is amended to read: 
    116.90 [REFUSE DERIVED FUEL.] 
    Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
subdivision apply to this section. 
    (b) "Agency" means the pollution control agency. 
    (c) "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) (d) "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) (e) "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 manufactured and sold in 
compliance with permits issued by the agency and: 
    (i) is produced by a facility for which a permit was issued 
by the agency before June 1, 1991; or 
    (ii) is produced by an agency-permitted facility designed 
as part of a regional waste management system at which facility 
the waste is mechanically and hand sorted to avoid inclusion of 
items containing mercury or other heavy metals in the waste that 
is processed into refuse derived fuel, and the refuse derived 
fuel producer has contracted with an end user to combust the 
fuel; and 
    (5) the owner or operator of the solid fuel fired boiler 
gives prior written notice to the commissioner of the agency of 
the amount of refuse derived fuel expected to be used and the 
date on which the use is expected to begin. 
    (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. 
    (c) The agency may not require, as a condition of using 
refuse derived fuel under this section, any additional 
monitoring or testing of a solid fuel fired boiler's air 
emissions beyond the monitoring or testing required by state or 
federal law or by the terms of the solid fuel fired boiler's 
permit issued by the agency. 
    Sec. 34.  Minnesota Statutes 1991 Supplement, section 
116C.852, is amended to read: 
    116C.852 [LOW-LEVEL RADIOACTIVE WASTE DISPOSAL.] 
    All (a) Except as provided in paragraph (b), low-level 
radioactive waste that may not be treated, recycled, stored, or 
disposed of in this state shall conform to applicable federal 
and state requirements except at a facility that is specifically 
licensed for treatment, recycling, storage, or disposal of 
low-level radioactive waste, regardless of whether or not the 
waste has been reclassified as "below regulatory concern" by the 
United States Nuclear Regulatory Commission pursuant to under a 
generic rule or standard adopted after January 1 July 2, 1990. 
    (b) Paragraph (a) does not apply to treatment, recycling, 
storage, or disposal of low-level radioactive waste that is 
specifically authorized under a license issued by the United 
States Nuclear Regulatory Commission, or is otherwise authorized 
under regulations of the United States Nuclear Regulatory 
Commission in effect on July 2, 1990. 
    Sec. 35.  Minnesota Statutes 1990, section 325E.125, 
subdivision 1, is amended to read: 
    Subdivision 1.  [IDENTIFICATION LABELING.] (a) The 
manufacturer of a button cell battery that is to be sold in this 
state shall ensure that each battery is labeled to clearly 
identifiable as to identify for the final consumer of the 
battery the type of electrode used in the battery. 
    (b) The manufacturer of a rechargeable battery that is to 
be sold in this state shall ensure that each rechargeable 
battery is labeled to clearly identify for the final consumer of 
the battery the type of electrode and the name of the 
manufacturer.  The manufacturer of a rechargeable battery shall 
also provide clear instructions for properly recharging the 
battery. 
    Sec. 36.  [325E.40] [SALE OF PETROLEUM-BASED SWEEPING 
COMPOUND PRODUCTS PROHIBITED.] 
    Subdivision 1.  [PROHIBITION.] A person may not offer for 
sale or sell any sweeping compound product that the person knows 
contains petroleum oil. 
      Subd. 2.  [LABELING.] The manufacturer of sweeping compound 
that is to be sold in this state shall label the packaging for 
the compound to clearly indicate the type of oil contained in 
the compound. 
     Subd. 3.  [ENFORCEMENT.] In addition to the enforcement 
mechanisms available for this chapter, the commissioner of the 
pollution control agency may enforce this section under section 
116.072. 
    Sec. 37.  Minnesota Statutes 1990, section 400.08, 
subdivision 4, is amended to read: 
    Subd. 4.  [COLLECTION.] (a) The rates and charges may be 
billed and collected in a manner the board shall determine. 
    (b) On or before October 15 in each year, the county board 
may certify to the county auditor all unpaid outstanding 
charges, and a description of the lands against which the 
charges arose.  It shall be the duty of the county auditor, upon 
order of the county board, to extend the assessments, with 
interest not to exceed the interest rate provided for in section 
279.03, subdivision 1, upon the tax rolls of the county for the 
taxes of the year in which the assessment is filed.  For each 
year ending October 15 the assessment with interest shall be 
carried into the tax becoming due and payable in January of the 
following year, and shall be enforced and collected in the 
manner provided for the enforcement and collection of real 
property taxes in accordance with the provisions of the laws of 
the state.  The charges, if not paid, shall become delinquent 
and be subject to the same penalties and the same rate of 
interest as the taxes under the general laws of the state.  
    (c) In addition to any other manner of collection that may 
be established under paragraph (a), a county may: 
    (1) require as a condition of a license issued under 
section 115A.93 that the licensee collect service charges 
established under subdivision 3 from solid waste generators for 
remittal to the county; and 
    (2) audit a licensed collector's records of the charges 
collected under clause (1) and the amount of waste collected 
only to the extent necessary to ensure that all charges required 
to be collected are remitted to the county. 
Data received under clause (2) are private or nonpublic data as 
defined in section 13.02, subdivision 9 or 12. 
    Sec. 38.  Minnesota Statutes 1990, section 400.08, 
subdivision 5, is amended to read: 
    Subd. 5.  [FINANCIAL INCENTIVES TO RECYCLE.] A county may:  
    (1) charge or may require any person who collects solid 
waste in the county to charge solid waste generators rates for 
collection or disposal solid waste management services that vary 
depending on the increase as the weight or volume of waste 
generated increases; 
    (2) require collectors to provide financial incentives to 
solid waste generators who separate recyclable materials from 
their waste; or 
    (3) require use of any other mechanism to provide 
encouragement or rewards to solid waste generators who reduce 
their waste generation or who separate recyclable materials from 
their waste. 
     Sec. 39.  Minnesota Statutes 1990, section 400.161, is 
amended to read: 
    400.161 [HAZARDOUS WASTE REGULATIONS.] 
    (a) The county may by ordinance establish and revise rules, 
regulations, and standards relating to (a) (1) identification of 
hazardous waste, (b) (2) the labeling and classification of 
hazardous waste, (c) (3) the collection, transportation, 
processing, disposal, and storage of hazardous waste, (d) and 
(4) other matters as may be determined necessary for the public 
health, welfare and safety.  The county may issue permits or 
licenses for hazardous waste generation and may require the 
generators be registered with a county office.  The ordinance 
may require appropriate procedures for the payment by the 
generator of any costs incurred by the county in completing such 
procedures.  If the generator fails to complete such procedures, 
the county may recover the costs of completion in a civil action 
in any court of competent jurisdiction or, in the discretion of 
the board, the costs may be certified to the county auditor as a 
special tax against the land as other taxes are collected.  The 
ordinance may be enforced by injunction, action to compel 
performance, or other action in district court.  County 
hazardous waste ordinances shall embody and be consistent with 
agency hazardous waste rules.  Counties shall submit adopted 
ordinances to the agency for review.  In the event that agency 
rules are modified, each county shall modify its ordinances 
accordingly and shall submit the modification to the agency for 
review within 120 days.  Issuing, denying, modifying, imposing 
conditions upon, or revoking permits or licenses and county 
hazardous waste regulations and ordinances shall be subject to 
review, denial, suspension, modification, and reversal by the 
pollution control agency.  The pollution control agency shall 
after written notification have 15 days in the case of hazardous 
waste permits and licenses and 30 days in the case of hazardous 
waste ordinances to review, deny, suspend, modify, or reverse 
the action of the county.  After this period, the action of the 
county board shall be final subject to appeal to the district 
court as provided in section 115.05.  
    (b) A county may not impose a fee under this section on 
material that is reused at the facility where the material is 
generated in a manner that the facility owner or operator can 
demonstrate does not increase the toxicity of, or the level of 
hazardous substances or pollutants or contaminants in, products 
that leave the facility. 
    Sec. 40.  Minnesota Statutes 1990, section 473.811, 
subdivision 5b, is amended to read: 
    Subd. 5b.  [ORDINANCES; HAZARDOUS WASTE MANAGEMENT.] (a) 
Each metropolitan county shall by ordinance establish and revise 
rules, regulations, and standards relating to (a) (1) the 
identification of hazardous waste, (b) (2) the labeling and 
classification of hazardous waste, (c) (3) the collection, 
storage, transportation, processing, and disposal of hazardous 
waste, and (d) (4) other matters necessary for the public 
health, welfare and safety.  The county shall require permits or 
licenses for the generation, collection, processing, and 
disposal of hazardous waste and shall require registration with 
a county office.  County hazardous waste ordinances shall embody 
and be consistent with agency hazardous waste rules.  Counties 
shall submit adopted ordinances to the agency for review.  In 
the event that agency rules are modified, each county shall 
modify its ordinances accordingly and shall submit the 
modification to the agency for review within 120 days.  Issuing, 
denying, suspending, modifying, imposing conditions upon, or 
revoking hazardous waste permits or licenses, and county 
hazardous waste regulations and ordinances, shall be subject to 
review, denial, suspension, modification, and reversal by the 
agency.  The agency shall after written notification have 15 
days in the case of hazardous waste permits and licenses and 30 
days in the case of hazardous waste ordinances to review, 
suspend, modify, or reverse the action of the county.  After 
this period, the action of the county board shall be final 
subject to appeal to the district court in the manner provided 
in chapter 14.  
    (b) A metropolitan county may not impose a fee under this 
subdivision on material that is reused at the facility where the 
material is generated in a manner that the facility owner or 
operator can demonstrate does not increase the toxicity of, or 
the level of hazardous substances or pollutants or contaminants 
in, products that leave the facility. 
    Sec. 41.  Minnesota Statutes 1990, section 473.844, 
subdivision 4, is amended to read: 
    Subd. 4.  [RESOURCE RECOVERY GRANTS AND LOANS.] The grant 
and loan program under this subdivision is administered by the 
metropolitan council.  Grants and loans may be made to any 
person for resource recovery projects.  The grants and loans may 
include the cost of planning, acquisition of land and equipment, 
and capital improvements.  Grants and loans for planning may not 
exceed 50 percent of the planning costs.  Grants and loans for 
acquisition of land and equipment and for capital improvements 
may not exceed 50 percent of the cost of the project.  Grants 
and loans may be made for public education on the need for the 
resource recovery projects.  A grant or loan for land, 
equipment, or capital improvements may not be made until the 
metropolitan council has determined the total estimated capital 
cost of the project and ascertained that full financing of the 
project is assured.  Grants and loans made to cities, counties, 
or solid waste management districts must be for projects that 
are in conformance with approved master plans.  A grant or loan 
to a city or town must be reviewed and approved by the county 
for conformance with the county master plan.  The council shall 
require, where practical, cooperative purchase between cities, 
counties, and districts of capital equipment. 
    Sec. 42.  Minnesota Statutes 1991 Supplement, section 
473.849, is amended to read: 
    473.849 [PROHIBITION; SOLID WASTE DISPOSAL.] 
    No person may place processed or unprocessed mixed 
municipal, or transport for placement, solid waste that is 
generated in the metropolitan area in a portion of 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 for the type of solid waste being disposed.  
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. 43.  Laws 1991, chapter 337, section 90, is amended to 
read: 
    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 72, 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. 44.  Laws 1990, chapter 600, section 7, is amended to 
read: 
    Sec. 7.  [DUTIES OF THE ADVISORY TASK FORCE ON LOW-LEVEL 
RADIOACTIVE WASTE DEREGULATION.] 
    The advisory task force on low-level radioactive waste 
deregulation shall: 
    (1) design and initiate a study that will be a cost-benefit 
analysis of deregulation of "low-level" radioactive waste costs, 
including health, and environmental costs and effects, including 
both dollar and nondollar effects in both the long-term and the 
short-term; 
    (2) determine who will conduct the study; 
    (3) determine the timelines for the study; 
    (4) evaluate the cost-benefit study; and 
    (5) make a recommendation on continuation of the moratorium 
and other recommendations to the legislature by January 1, 1994 
1996. 
     Sec. 45.  [INTERIM ORGANIZED SOLID WASTE COLLECTION.] 
    (a) A city with a population, according to the 1990 federal 
census, of more than 10,000 and less than 12,000 that, before 
the effective date of this section, has begun the process of 
organizing solid waste collection under Minnesota Statutes, 
section 115A.94, and that is a party to an exclusive contract 
for collection of solid waste that will expire before the new 
organized collection system will be effective, may: 
    (1) negotiate an extension of the existing exclusive 
contract to the date the new organized collection system will be 
effective; 
    (2) negotiate one or more separate waste collection 
contracts for the period between the expiration of the existing 
exclusive contract and the date the new organized collection 
system will be effective; or 
    (3) otherwise negotiate, with or without competitive bids, 
an interim waste collection system that may not be extended 
beyond the date the new organized collection system will be 
effective. 
    (b) This section does not affect the applicability of 
Minnesota Statutes, section 115A.94, to the city's new organized 
collection system. 
    Sec. 46.  [AUTOMOBILE WASTE; STUDY AND RECOMMENDATIONS.] 
    The legislative commission on waste management, in 
consultation with the commissioner of the pollution control 
agency, the director of the office of waste management, and 
other interested persons, shall study the existing system for 
managing automobile-related wastes other than air emissions and, 
if necessary, recommend appropriate legislation for 
consideration during the 1993 legislative session to ensure that 
materials from automobiles that cause damage if released into 
the environment are properly removed and managed during 
maintenance and prior to recycling or disposal of the 
automobiles and to ensure that waste automobile hulks are 
properly recycled or disposed. 
    Sec. 47.  [CONSTRUCTION DEBRIS AND NONHAZARDOUS INDUSTRIAL 
WASTE; STUDY AND RECOMMENDATIONS.] 
    The commissioner of the pollution control agency shall 
gather information about construction debris and nonhazardous 
industrial waste, including composition, possibilities for 
source reduction, recyclability and recycling rates, 
processibility and processing rates, and existing disposal 
system.  The commissioner shall summarize the information and 
present the summary to the legislative commission on waste 
management by August 15, 1993, including, if the commissioner 
determines that legislation is necessary to adequately regulate 
generation and management of construction debris or nonhazardous 
industrial waste, recommendations for appropriate legislation. 
    Sec. 48.  [USED MOTOR OIL; STUDY AND RECOMMENDATIONS.] 
    The commissioner of the pollution control agency, in 
consultation with the director of the office of waste 
management, shall identify locations for the retail sale of 
motor oil and locations for the deposit and collection of used 
motor oil across the state to determine the extent of compliance 
with Minnesota Statutes, section 325E.11, and to determine 
whether used oil is being properly managed.  By August 15, 1993, 
the commissioner shall report to the legislative commission on 
waste management on compliance with the law, the general 
management system for used motor oil, and any appropriate 
recommendations for legislation to ensure that used motor oil is 
properly managed and that persons who generate used motor oil 
have reasonably convenient opportunities for discarding the used 
oil. 
    Sec. 49.  [ASSESSMENT OF REGIONAL WASTE MANAGEMENT NEEDS.] 
    By July 15, 1993, the director of the office of waste 
management, in consultation with, and after approval of 
metropolitan area information by, the chair of the metropolitan 
council, shall submit to the legislative commission on waste 
management a preliminary assessment of the need for additional 
regional solid waste management capacity in the state, including 
the metropolitan area.  The preliminary assessment must be based 
on a review of existing county solid waste management plans, the 
current metropolitan solid waste management policy plan, and the 
current metropolitan counties' solid waste management master 
plans.  The preliminary assessment of need for additional 
capacity must identify likely regions of the state, based on the 
current patterns for the flow and management of waste, within 
which the needs for capacity can be most efficiently and 
economically met.  The assessment must be made in light of 
existing facilities and the waste management priorities and 
policies stated in Minnesota Statutes, section 115A.02, with 
strong emphasis given to the potential for significant 
improvements in waste reduction and recycling.  The assessment 
must include estimates of the capital costs necessary to ensure 
sufficient solid waste management capacity for a period of at 
least 20 years, the extent to which fees and other existing 
financing methods can cover those costs, the extent to which 
those costs will need to be publicly subsidized, and the extent 
to which private investment is likely to occur in building and 
operating new capacity statewide. 
     Sec. 50.  [DEGRADABLE LOOSE PACKING MATERIAL; STUDY.] 
    The director of the office of waste management, in 
consultation with the commissioner of agriculture, shall 
evaluate the relative economic, recycling, and waste management 
advantages and disadvantages of loose packing material 
manufactured from vegetable starches and loose packing material 
manufactured from petroleum products.  The director shall report 
the findings of the evaluation, along with any legislative 
recommendations the director deems necessary, to the legislative 
commission on waste management by January 1, 1993. 
     Sec. 51.  [ASSESSMENT OF LAND DISPOSAL FACILITIES.] 
    (a) For the purposes of this section, "facility" means a 
permitted mixed municipal solid waste disposal facility, as 
defined in Minnesota Statutes, section 115A.03. 
    (b) By October 9, 1994, the commissioner of the pollution 
control agency shall inspect all facilities and portions of 
facilities that have stopped accepting waste by October 9, 1993, 
to determine the status of closure activities and to evaluate 
the environmental and public health threats posed by the 
facility.  The commissioner may undertake activities necessary 
to: 
    (1) evaluate the adequacy of final cover, slopes, 
vegetation, and erosion control; 
    (2) determine the presence and concentration of hazardous 
substances, pollutants or contaminants, and decomposition gases; 
and 
    (3) determine the boundaries of the fill areas. 
    (c) The commissioner of the pollution control agency shall 
identify actions that are necessary to achieve compliance with 
the following closure requirements at facilities inspected under 
paragraph (b): 
    (1) for a facility or portion of a facility that stopped 
accepting waste before November 15, 1988, the closure 
requirements in rules of the pollution control agency in effect 
on the effective date of this section; and 
    (2) for a facility or portion of a facility that stopped 
accepting waste after November 15, 1988, the closure 
requirements in the facility's permit and the rules of the 
pollution control agency in effect on the effective date of this 
section. 
Actions identified by the commissioner under this paragraph may 
include moving or consolidating waste from facilities. 
    (d) The commissioner of the pollution control agency shall 
establish a proposed priority list of the evaluated facilities 
based on the relative risk or danger to public health or welfare 
or the environment, taking into consideration to the extent 
possible the population at risk, the hazardous potential of 
substances at the facility, the potential for contamination of 
drinking water supplies, the potential for direct human contact, 
the potential for destruction of sensitive ecosystems, and other 
appropriate factors. 
    Sec. 52.  [COUNTY RECYCLING; REPORT; 1991.] 
    For the reports due on August 1, 1992, under Minnesota 
Statutes, section 115A.557, subdivision 3, counties shall report 
recycling rates and information for calendar year 1991 rather 
than for the previous fiscal year. 
    Sec. 53.  [EFFECTIVE DATE OF SECTION 325E.125.] 
    The requirements of Minnesota Statutes, section 325E.125, 
subdivision 1, do not apply to batteries manufactured before 
July 1, 1993. 
    Sec. 54.  [INSTRUCTION TO REVISOR.] 
    (a) The revisor of statutes is directed to change the words 
"office," "office's," "director," and "director of the office of 
waste management" wherever they appear in Minnesota Statutes, 
sections 115A.32 to 115A.39, to "board," "board's," "chair," and 
"chair of the board" respectively in the 1992 and subsequent 
editions of Minnesota Statutes. 
    (b) The revisor of statutes is directed to change the words 
"November 15" to the words "July 1" in Minnesota Statutes, 
sections 115A.551, subdivision 4, and 115A.557, subdivision 4, 
in Minnesota Statutes 1992 and subsequent editions of the 
statutes. 
    Sec. 55.  [EFFECTIVE DATE.] 
    Except as provided in this section, article 1 is effective 
August 1, 1992. 
    Sections 22, 31 to 34, 37 to 40, and 45 are effective the 
day following final enactment. 
    Section 43 is effective August 1, 1991. 
    Sections 12; 17; 24; 27, subdivision 1; 29, subdivision 3; 
and 36 are effective January 1, 1993, and section 36 applies to 
sweeping compound manufactured on or after that date. 
    Section 18 is effective for products and packaging 
manufactured on or after January 1, 1993. 
    Section 35 is effective July 1, 1993, and applies to 
batteries manufactured on or after that date. 
    Sections 3 and 29, subdivision 2, are effective August 1, 
1993. 
    Sections 26 and 27, subdivision 2, are effective January 1, 
1994. 
    Section 29, subdivision 4, clauses (1) and (2), are 
effective August 1, 1994. 

                                ARTICLE 2 
    Section 1.  Minnesota Statutes 1991 Supplement, section 
115E.04, subdivision 2, is amended to read: 
    Subd. 2.  [TIMING.] (a) A person required to be prepared 
under section 115E.03, other than a person who owns or operates 
a motor vehicle, rolling stock, or a facility that stores less 
than 250,000 gallons of oil or a hazardous substance, shall 
complete the response plan required by this section by March 1, 
1993, unless one of the commissioners orders the person to 
demonstrate preparedness at an earlier date under section 
115E.05.  Plans must be updated every three years.  Plans must 
be updated before three years following a significant discharge, 
upon significant change in vessel or facility operation or 
ownership, upon significant change in the national or area 
contingency plans under the Oil Pollution Act of 1990, or upon 
change in the capabilities or role of a person named in a plan 
who has an important response role.  
    (b) A person who owns or operates a motor vehicle, rolling 
stock, or a facility that stores less than 250,000 gallons of 
oil or a hazardous substance shall complete the response plan 
required by this section by January 1, 1994. 
    Sec. 2.  [221.0335] [HAZARDOUS MATERIALS TRANSPORTATION 
REGISTRATION; FEES.] 
    A person required to file a registration statement under 
section 106(c) of the federal Hazardous Materials Transportation 
Safety Act of 1990 may not transport a hazardous material unless 
the person files an annual hazardous materials registration 
statement with the commissioner and pays a fee.  The 
commissioner shall adopt rules to implement this section, 
including administration of the registration program and 
establishing registration fees.  A fee may not exceed a person's 
annual registration fee under the federal act.  Fees must be set 
in accordance with section 16A.128, subdivision 1a, to cover the 
costs of administering and enforcing this section and the costs 
of hazardous materials incident response capability under 
sections 3 to 8.  All fees collected under this section must be 
deposited in the general fund.  
    Sec. 3.  [299A.48] [CITATION.] 
    Sections 3 to 8 may be cited as the "Minnesota hazardous 
materials incident response act." 
    Sec. 4.  [299A.49] [DEFINITIONS.] 
    Subdivision 1.  [SCOPE.] For the purposes of sections 3 to 
8, the following terms have the meanings given them. 
    Subd. 2.  [CHEMICAL ASSESSMENT TEAM.] "Chemical assessment 
team" means a team trained and equipped to evaluate a hazardous 
materials incident and recommend the best means of controlling 
the hazard after consideration of life safety concerns, 
environmental effects, exposure hazards, quantity and type of 
hazardous material, availability of local resources, or other 
relevant factors. 
    Subd. 3.  [COMMISSIONER.] "Commissioner" means the 
commissioner of public safety. 
    Subd. 4.  [HAZARDOUS MATERIALS.] "Hazardous materials" 
means substances or materials that, because of their chemical, 
physical, or biological nature, pose a potential risk to life, 
health, or property if they are released.  "Hazardous materials" 
includes any substance or material in a particular form or 
quantity that may pose an unreasonable risk to health, safety, 
and property, or any substance or material in a quantity or form 
that may be harmful to humans, animals, crops, water systems, or 
other elements of the environment if accidentally released.  
Hazardous substances so designated may include explosives, 
radioactive materials, etiologic agents, flammable liquids or 
solids, combustible liquids or solids, poisons, oxidizing or 
corrosive materials, and flammable gases. 
    Subd. 5.  [LOCAL UNIT OF GOVERNMENT.] "Local unit of 
government" means a county, home rule charter or statutory city, 
or town. 
    Subd. 6.  [PERSON.] "Person" means any individual, 
partnership, association, public or private corporation or other 
entity including the United States government, any interstate 
body, the state, and any agency, department, or political 
subdivision of the state. 
    Subd. 7.  [REGIONAL HAZARDOUS MATERIALS RESPONSE 
TEAM.] "Regional hazardous materials response team" means a team 
trained and equipped to respond to and mitigate a hazardous 
materials release.  A regional hazardous materials response team 
may include strategically located chemical assessment teams. 
    Sec. 5.  [299A.50] [RESPONSE PLAN.] 
    Subdivision 1.  [ELEMENTS OF PLAN; RULES.] (a) After 
consultation with the commissioners of natural resources, 
agriculture, transportation, and the pollution control agency, 
the state fire marshal, the emergency response commission, 
appropriate technical emergency response representatives, and 
representatives of affected parties, the commissioner shall 
adopt rules to implement a statewide hazardous materials 
incident response plan.  The plan must include: 
    (1) the locations of up to five regional hazardous 
materials response teams, based on the location of hazardous 
materials, response time, proximity to large population centers, 
and other factors; 
    (2) the number and qualifications of members on each team; 
    (3) the responsibilities of regional hazardous materials 
response teams; 
    (4) equipment needed for regional hazardous materials 
response teams; 
    (5) procedures for selecting and contracting with local 
governments or nonpublic persons to establish regional hazardous 
materials response teams; 
    (6) procedures for dispatching teams at the request of 
local governments; 
    (7) a fee schedule for reimbursing local governments or 
nonpublic persons responding to an incident; and 
    (8) coordination with other state departments and agencies, 
local units of government, other states, Indian tribes, the 
federal government, and other nonpublic persons. 
    Subd. 2.  [CONTRACTS AND AGREEMENTS.] The commissioner may 
cooperate with and enter into contracts with other state 
departments and agencies, local units of government, other 
states, Indian tribes, the federal government, or nonpublic 
persons to implement the response plan. 
    Sec. 6.  [299A.51] [LIABILITY AND WORKERS' COMPENSATION.] 
    Subdivision 1.  [LIABILITY.] During operations authorized 
under section 5, members of a regional hazardous materials 
response team operating outside their geographic jurisdiction 
are "employees of the state" as defined in section 3.736. 
    Subd. 2.  [WORKERS' COMPENSATION.] During operations 
authorized under section 5, members of a regional hazardous 
materials response team operating outside their geographic 
jurisdiction are considered state employees for purposes of 
chapter 176. 
    Subd. 3.  [LIMITATION.] A person who provides personnel and 
equipment to assist at the scene of a hazardous materials 
response incident outside the person's geographic jurisdiction 
or property, at the request of the state or a local unit of 
government, is not liable for any civil damages resulting from 
acts or omissions in providing the assistance, unless the person 
acts in a willful and wanton or reckless manner in providing the 
assistance. 
    Sec. 7.  [299A.52] [RESPONSIBLE PERSON.] 
    Subdivision 1.  [RESPONSE LIABILITY.] A responsible person, 
as described in section 115B.03, is liable for the reasonable 
and necessary costs, including legal and administrative costs, 
of response to a hazardous materials incident incurred by a 
regional hazardous materials response team or local unit of 
government.  For the purposes of this section, "hazardous 
substance" as used in section 115B.03 means "hazardous material" 
as defined in section 4. 
    Subd. 2.  [EXPENSE RECOVERY.] The commissioner shall assess 
the responsible person for the regional hazardous materials 
response team costs of response.  The commissioner may bring an 
action for recovery of unpaid costs, reasonable attorney fees, 
and any additional court costs. 
    Subd. 3.  [ATTEMPTED AVOIDANCE OF LIABILITY.] For purposes 
of sections 3 to 8, a responsible person may not avoid liability 
by conveying any right, title, or interest in real property or 
by any indemnification, hold harmless agreement, or similar 
agreement. 
    Sec. 8.  [299K.095] [HAZARDOUS MATERIALS INCIDENT RESPONSE 
FEES.] 
    (a) Persons, except individuals engaged in a farming 
operation, required under section 11002 of the federal act to 
notify the commission of the storage of an extremely hazardous 
substance shall pay an annual fee of $75 for each facility. 
    (b) Persons required under section 11023 of the federal act 
to submit a toxic chemical release form to the commission shall 
pay an annual fee of $200 for zero releases and transfers 
annually, $400 for more than zero releases and transfers but not 
exceeding 25,000 pounds annually, and $800 for releases and 
transfers exceeding 25,000 pounds annually.  This fee is in 
addition to fees collected under section 115D.12. 
    (c) All fees collected under this section must be deposited 
in the general fund.  
    Sec. 9.  [APPROPRIATION.] 
    $115,000 is appropriated from the general fund to the 
commissioner of transportation for the purposes of section 2.  
The approved complement of the department of transportation is 
increased by two positions. 
    $1,128,000 is appropriated from the general fund to the 
commissioner of public safety for the purposes of sections 3 to 
8.  The approved complement of the department of public safety 
is increased by three positions. 
    Presented to the governor April 17, 1992 
    Signed by the governor April 27, 1992, 2:16 p.m.