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Office of the Revisor of Statutes

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

                            CHAPTER 585-S.F.No. 1788 
                  An act relating to waste management; applying 
                  government waste reduction requirements to 
                  compilations of game and fish laws; clarifying the 
                  state's waste management goals; adding heat pumps to 
                  the definition of major appliances; requiring public 
                  education on reuse; authorizing larger capital 
                  assistance grants to resource recovery projects under 
                  certain circumstances; listing preferences for use of 
                  packaging; establishing enforcement of the authority 
                  of certain counties to inspect records of certain 
                  facilities; clarifying management of waste antifreeze 
                  and motor oil filters; establishing a process for 
                  resolution of disputes related to toxics in packaging 
                  and requiring a report; clarifying the prohibition on 
                  toxics in products and providing for exemptions; 
                  authorizing the issuance of field citations; 
                  prohibiting the venting of CFCs; requiring and 
                  authorizing training and certification of appliance 
                  recyclers and servicers respectively; removing the 
                  federal government from the definition of commercial 
                  transporter of medical waste; requiring medical waste 
                  management plans to contain information regarding 
                  mailing of sharps; banning sale of apparel containing 
                  mercury switches; modifying requirements for county 
                  service contracts; authorizing private ownership of 
                  solid waste facilities; permitting counties and local 
                  governments to impose certain conditions on disposal 
                  of unprocessed solid waste; authorizing counties to 
                  require record keeping; expanding the restriction on 
                  disposal of unprocessed waste from the metropolitan 
                  area; requiring reports; providing penalties and 
                  remedies; amending Minnesota Statutes 1992, sections 
                  97A.051, subdivision 1; 115A.02; 115A.03, subdivision 
                  17a; 115A.072, subdivision 4; 115A.5501, subdivisions 
                  1, 2, and by adding subdivisions; 115A.554; 115A.557, 
                  subdivision 3; 115A.87; 115A.882, subdivision 3, and 
                  by adding a subdivision; 115A.9157, subdivisions 4 and 
                  5; 115A.918, subdivision 1, and by adding a 
                  subdivision; 115A.919, subdivision 3; 115A.921, 
                  subdivision 1; 115A.9301, by adding a subdivision; 
                  115A.95; 115A.9561, subdivision 2; 115A.965, 
                  subdivision 6, and by adding a subdivision; 116.07, 
                  subdivision 4h; 116.731, by adding a subdivision; 
                  116.76, subdivision 4; 116.92, subdivision 8; 473.803, 
                  by adding a subdivision; 473.811, subdivisions 5 and 
                  5a; 473.843, subdivision 1; 473.844, subdivision 1a; 
                  473.845, subdivision 3; and 473.848, subdivisions 1 
                  and 5; Minnesota Statutes 1993 Supplement, sections 
                  115A.54, subdivision 2a; 115A.5501, subdivision 3; 
                  115A.916; 115A.929; 115A.9651; 115A.981, subdivision 
                  3; 116.79, subdivision 1; 400.04, subdivision 4; 
                  473.149, subdivision 6; and 473.846; proposing coding 
                  for new law in Minnesota Statutes, chapters 115A; 116; 
                  and 473; repealing Minnesota Statutes 1993 Supplement, 
                  section 115A.542. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1992, section 97A.051, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [COMPILATION OF LAWS.] As soon as 
        practicable after each legislative session, the commissioner, 
        with the cooperation of the attorney general and the revisor of 
        statutes, shall assemble the current laws and permanent rules 
        relating to wild animals and index the laws and rules properly.  
        This compilation shall be printed in pamphlet form of pocket 
        size, and 50 copies distributed to each senator, 25 copies to 
        each representative, and ten copies shall be distributed to each 
        county auditor.  Section 3.195 governs distribution of copies to 
        members of the legislature.  Up to 10,000 additional copies may 
        be printed for general distribution.  
           Sec. 2.  Minnesota Statutes 1992, section 115A.02, is 
        amended to read: 
           115A.02 [LEGISLATIVE DECLARATION OF POLICY; PURPOSES.] 
           (a) It is the goal of this chapter to improve protect the 
        state's land, air, water, and other natural resources and the 
        public health by improving 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 and thereby protect the 
        state's land, air, water, and other natural resources and the 
        public health.  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. 3.  Minnesota Statutes 1992, section 115A.03, 
        subdivision 17a, is amended to read: 
           Subd. 17a.  [MAJOR APPLIANCES.] "Major appliances" means 
        clothes washers and dryers, dishwashers, hot water heaters, 
        residential heat pumps, furnaces, garbage disposals, trash 
        compactors, conventional and microwave ovens, ranges and stoves, 
        air conditioners, dehumidifiers, refrigerators, and freezers. 
           Sec. 4.  Minnesota Statutes 1992, section 115A.072, 
        subdivision 4, is amended to read: 
           Subd. 4.  [EDUCATION, PROMOTION, AND PROCUREMENT.] The 
        office shall include waste reduction and reuse, including 
        packaging reduction and reuse, as an element of its program of 
        public education on waste management required under this 
        section.  The waste reduction and reuse education program must 
        include dissemination of information and may include an award 
        program for model waste reduction and reuse efforts.  Waste 
        reduction and reuse educational efforts must also include 
        provision of information about and promotion of the model 
        procurement program developed by the commissioner of 
        administration under section 115A.15, subdivision 7, or any 
        other model procurement program that results in significant 
        waste reduction and reuse. 
           Sec. 5.  Minnesota Statutes 1993 Supplement, section 
        115A.54, subdivision 2a, is amended to read: 
           Subd. 2a.  [SOLID WASTE MANAGEMENT PROJECTS.] (a) The 
        director shall provide technical and financial assistance for 
        the acquisition and betterment of solid waste management 
        projects as provided in this subdivision and section 115A.52.  
        Money appropriated for the purposes of this subdivision must be 
        distributed as grants. 
           (b) Except as provided in paragraph (c), a project may 
        receive grant assistance up to 25 percent of the capital cost of 
        the project or $2,000,000, whichever is less, except that 
        projects constructed as a result of intercounty cooperative 
        agreements may receive (1) grant assistance up to 25 percent of 
        the capital cost of the project; or (2) $2,000,000 times the 
        number of participating counties, whichever is less.  
           (c) A recycling project or a project to compost or 
        cocompost waste may receive grant assistance up to 50 percent of 
        the capital cost of the project or $2,000,000, whichever is 
        less, except that projects completed as a result of intercounty 
        cooperative agreements may receive (1) grant assistance up to 50 
        percent of the capital cost of the project; or (2) $2,000,000 
        times the number of participating counties, whichever is 
        less.  The following projects may also receive grant assistance 
        in the amounts specified in this paragraph: 
           (1) a project to improve control of or reduce air emissions 
        at an existing resource recovery facility; and 
           (2) a project to substantially increase the recovery of 
        materials or energy, substantially reduce the amount or toxicity 
        of waste processing residuals, or expand the capacity of an 
        existing resource recovery facility to meet the resource 
        recovery needs of an expanded region if each county from which 
        waste is or would be received has achieved a recycling rate in 
        excess of the goals in section 115A.551, and is implementing 
        aggressive waste reduction and household hazardous waste 
        management programs. 
           (d) Notwithstanding paragraph (e), the director may award 
        grants for transfer stations that will initially transfer waste 
        to landfills if the transfer stations are part of a planned 
        resource recovery project, the county where the planned resource 
        recovery facility will be located has a comprehensive solid 
        waste management plan approved by the director, and the solid 
        waste management plan proposes the development of the resource 
        recovery facility.  If the proposed resource recovery facility 
        is not in place and operating within eight years of the date of 
        the grant award, the recipient shall repay the grant amount to 
        the state. 
           (e) Projects without resource recovery are not eligible for 
        assistance. 
           (f) In addition to any assistance received under paragraph 
        (b) or (c), a project may receive grant assistance for the cost 
        of tests necessary to determine the appropriate pollution 
        control equipment for the project or the environmental effects 
        of the use of any product or material produced by the project. 
           (g) In addition to the application requirements of section 
        115A.51, an application for a project serving eligible 
        jurisdictions in only a single county must demonstrate that 
        cooperation with jurisdictions in other counties to develop the 
        project is not needed or not feasible.  Each application must 
        also demonstrate that the project is not financially prudent 
        without the state assistance, because of the applicant's 
        financial capacity and the problems inherent in the waste 
        management situation in the area, particularly transportation 
        distances and limited waste supply and markets for resources 
        recovered.  
           (h) For the purposes of this subdivision, a "project" means 
        a processing facility, together with any transfer stations, 
        transmission facilities, and other related and appurtenant 
        facilities primarily serving the processing facility.  The 
        director shall adopt rules for the program by July 1, 1985. 
           (i) Notwithstanding anything in this subdivision to the 
        contrary, a project to construct a new mixed municipal solid 
        waste transfer station that has an enforceable commitment of at 
        least ten years, or of sufficient length to retire bonds sold 
        for the facility, to serve an existing resource recovery 
        facility may receive grant assistance up to 75 percent of the 
        capital cost of the project if addition of the transfer station 
        will increase substantially the geographical area served by the 
        resource recovery facility and the ability of the resource 
        recovery facility to operate more efficiently on a regional 
        basis and the facility meets the criteria in paragraph (c), the 
        second clause (2).  A transfer station eligible for assistance 
        under this paragraph is not eligible for assistance under any 
        other paragraph of this subdivision. 
           Sec. 6.  Minnesota Statutes 1992, section 115A.5501, 
        subdivision 1, is amended to read: 
           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. 
           Sec. 7.  Minnesota Statutes 1992, section 115A.5501, 
        subdivision 2, is amended to read: 
           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.  The 1994 report must 
        include a discussion of the reliability of data gathered under 
        this subdivision and the methodology used to determine a 
        statistically reliable margin of error. 
           Sec. 8.  Minnesota Statutes 1993 Supplement, section 
        115A.5501, subdivision 3, is amended to read: 
           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, 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. 
           Sec. 9.  Minnesota Statutes 1992, section 115A.5501, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [RECOMMENDATIONS FOR FURTHER REDUCTION GOALS.] If 
        the goal in subdivision 1 is met, the director shall include in 
        the report required in subdivision 4 recommendations for 
        appropriate goals for further reducing the amount of discarded 
        packaging delivered to facilities.  The report must include an 
        analysis of the costs of further reductions. 
           Sec. 10.  Minnesota Statutes 1992, section 115A.5501, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [DEFINITION.] For the purposes of this section, 
        "facility" means a composting, incineration, refuse-derived 
        fuel, or disposal facility that accepts mixed municipal solid 
        waste or construction waste. 
           Sec. 11.  [115A.5502] [PACKAGING PRACTICES; PREFERENCES; 
        GOALS.] 
           Packaging forms a substantial portion of solid waste and 
        contributes to environmental degradation and the costs of 
        managing solid waste.  It is imperative to reduce the amount and 
        toxicity of packaging that must be managed as solid waste.  In 
        order to achieve significant reduction of packaging in solid 
        waste and to assist packagers and others to meet the packaging 
        reduction goal in section 115A.5501, the goal of the state is 
        that items be distributed without any packaging where feasible 
        and, only when necessary to protect health and safety or product 
        integrity, with the minimal amount of packaging possible.  The 
        following categories of packaging are listed in order of 
        preference for use by all persons who find it necessary to 
        package items for distribution or use in the state: 
           (1) minimal packaging that contains no intentionally 
        introduced toxic materials and that is designed to be and 
        actually is reused for its original purpose at least five times; 
           (2) minimal packaging that contains no intentionally 
        introduced toxic materials, that is recyclable, and is regularly 
        collected through recycling collection programs available to at 
        least 75 percent of the residents of the state; 
           (3) minimal packaging that does not comply with clauses (1) 
        and (2) because it is required under federal or state law and 
        for which there does not exist a commercially feasible 
        alternative that does comply with clauses (1) and (2); 
           (4) packaging that contains no intentionally introduced 
        toxic materials but does not comply with clauses (1) to (3); and 
           (5) all other packaging. 
           Sec. 12.  Minnesota Statutes 1992, section 115A.554, is 
        amended to read: 
           115A.554 [AUTHORITY OF SANITARY DISTRICTS.] 
           A sanitary district with the authority to regulate solid 
        waste has the authority authorities and duty duties of 
        counties within the district's boundary for purposes of sections 
        115A.46, subdivision 4; 115A.48; 115A.551; 115A.552; 115A.553; 
        115A.919; 115A.929; 115A.93; 115A.96, subdivision 6; 115A.961; 
        115A.991; 375.18, subdivision 14; and 400.08, subdivision 5 
        except subdivision 4, paragraph (b); 400.16; and 400.161. 
           Sec. 13.  Minnesota Statutes 1992, 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 March April 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 
        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. 14.  Minnesota Statutes 1992, section 115A.87, is 
        amended to read: 
           115A.87 [JUDICIAL REVIEW; ATTORNEY GENERAL TO PROVIDE 
        COUNSEL.] 
           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, 
        and, on request of a county whose designation ordinance has been 
        challenged, provide legal representation for the county in any 
        administrative or court action related to the challenge. 
           Sec. 15.  Minnesota Statutes 1992, section 115A.882, 
        subdivision 3, is amended to read: 
           Subd. 3.  [INSPECTION.] A person authorized by a county in 
        which a designation ordinance is effective may, anywhere in the 
        state: 
           (1) upon presentation of identification and without a 
        search warrant, inspect or copy the records required to be kept 
        on a waste collection vehicle under subdivision 2 and inspect 
        the waste on the vehicle at the time of deposit of the waste at 
        a facility; 
           (2) when reasonable notice under the circumstances has been 
        given, upon presentation of identification and without a search 
        warrant, inspect or copy the records of an owner or operator of 
        a solid waste facility that are required to be maintained under 
        subdivision 2; 
           (3) request, in writing, copies of records of a solid waste 
        collector that indicate the type, origin, and weight or, if 
        applicable, the volume of waste collected, the identity of the 
        facility at which the waste was deposited, and the date of 
        deposit at the facility; and 
           (4) upon presentation of identification and without a 
        search warrant, inspect or copy that portion of the business 
        records of a waste collector necessary to comply with clause (3) 
        at the central record-keeping location of the waste collector 
        only if the collector fails to provide copies of the records 
        within 15 days of receipt of a written request for them, unless 
        the time has been extended by agreement of the parties. 
           Records or information received, inspected, or copied by a 
        county under this section are classified as nonpublic data as 
        defined in section 13.02, subdivision 9, and may be used by the 
        county solely for enforcement of a designation ordinance.  A 
        waste collector or the owner or operator of a waste facility 
        shall maintain business records needed to comply with this 
        section for two years. 
           Sec. 16.  Minnesota Statutes 1992, section 115A.882, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [CIVIL ENFORCEMENT; VENUE.] (a) A person who 
        fails to comply with this section is subject to: 
           (1) an action to compel performance or to restrain or 
        enjoin any activity that interferes with the requirement to keep 
        records in subdivision 2 or the requirement to allow timely 
        entry and inspection in subdivision 3; 
           (2) damages caused by the failure to keep records or by 
        refusal to allow timely entry or inspection; 
           (3) a civil penalty payable to the county seeking 
        enforcement of up to $10,000 per day for each day of refusal to 
        allow timely entry or inspection; or 
           (4) any or all of the above. 
           (b) A county in which a designation ordinance is in effect 
        may enforce this section by commencing an action in district 
        court in the county in which the facility is located or in the 
        county in which the designation ordinance is in effect.  The 
        court may compel performance in any manner deemed appropriate by 
        the court, including, but not limited to, issuance of an order 
        to show cause, a temporary restraining order, or an injunction.  
        In addition, the court may order payment of damages or a civil 
        penalty or both.  In an action brought by a county to enforce 
        this section in which the county substantially prevails, the 
        court may order payment by the defendant of the county's costs 
        and disbursements, including reasonable attorney fees. 
           Sec. 17.  Minnesota Statutes 1992, 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 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. 
           By October 1, 1994, and by October 1, 1995, each 
        manufacturer or a representative organization shall submit to 
        the commission additional reports that detail progress made 
        toward implementing permanent management programs.  The October 
        1, 1995, report must include a description of the programs 
        implemented under subdivision 5.  These progress reports must 
        include the estimated amount of rechargeable batteries subject 
        to this section sold in the state by each manufacturer and the 
        amount of batteries each collected during the previous year.  A 
        representative organization may report amounts in aggregate for 
        all the members of the organization. 
           Sec. 18.  Minnesota Statutes 1992, section 115A.9157, 
        subdivision 5, is amended to read: 
           Subd. 5.  [COLLECTION AND MANAGEMENT PROGRAMS.] By April 
        15, 1994 September 20, 1995, the manufacturers or their 
        representative organization shall implement permanent programs, 
        based on the results of the pilot projects required in 
        subdivision 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. 
           In every odd-numbered year after 1995, each manufacturer or 
        a representative organization shall provide information to the 
        commission that specifies at least the estimated amount of 
        rechargeable batteries subject to this section sold in the state 
        by each manufacturer and the amount of batteries each collected 
        during the previous two years.  A representative organization 
        may report the amounts in aggregate for all the members of the 
        organization. 
           Sec. 19.  Minnesota Statutes 1993 Supplement, section 
        115A.916, is amended to read: 
           115A.916 [MOTOR AND VEHICLE FLUIDS AND FILTERS; 
        PROHIBITIONS.] 
           (a) A person may not knowingly place motor oil, brake 
        fluid, power steering fluid, transmission fluid, motor oil 
        filters, or antifreeze: 
           (1) in solid waste or in a solid waste management facility 
        other than a recycling facility or a household hazardous waste 
        collection facility; 
           (2) in or on the land, unless approved by the agency; or 
           (3) in or on the waters of the state or in a stormwater or 
        wastewater collection or treatment system.  
           (b) For the purposes of this section, "antifreeze" does not 
        include small amounts of antifreeze contained in water used to 
        flush the cooling system of a vehicle after the antifreeze has 
        been drained and does not include deicer that has been used on 
        the exterior of a vehicle. 
           (c) This section does not apply to antifreeze placed in a 
        wastewater collection system that includes a publicly or 
        privately owned treatment works that is permitted by the agency 
        until July 1, 1995 December 31, 1996. 
           (d) Notwithstanding paragraph (a), motor oil filters and 
        portions of motor oil filters may be processed at a permitted 
        mixed municipal solid waste resource recovery facility that 
        directly burns the waste if: 
           (1) the facility is subject to an industrial waste 
        management plan that addresses management of motor oil filters 
        and the owner or operator of the facility can demonstrate to the 
        satisfaction of the commissioner that the facility is in 
        compliance with that plan; 
           (2) the facility recovers ferrous metal after incineration 
        for recycling as part of its operation; and 
           (3) the motor oil filters are collected separately from 
        mixed municipal solid waste and are not combined with it except 
        for the purpose of incinerating the waste. 
           Sec. 20.  Minnesota Statutes 1992, section 115A.918, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SCOPE.] The definitions in this section 
        apply to this section and sections 115A.919 and 115A.921 to 
        115A.929. 
           Sec. 21.  Minnesota Statutes 1992, section 115A.918, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [EQUIVALENT.] For mixed municipal solid waste, 
        the measure of "equivalent" or "equivalent cubic yards of waste" 
        is 3.33 cubic yards per ton of waste. 
           Sec. 22.  Minnesota Statutes 1992, section 115A.919, 
        subdivision 3, is amended to read: 
           Subd. 3.  [EXEMPTIONS.] (a) Waste residue from recycling 
        facilities at which recyclable materials are separated or 
        processed for the purpose of recycling, or from energy and 
        resource recovery facilities at which solid waste is processed 
        for the purpose of extracting, reducing, converting to energy, 
        or otherwise separating and preparing solid waste for reuse 
        shall be exempt from any fee imposed by a county under this 
        section if there is at least an 85 percent volume reduction in 
        the solid waste processed.  Before any fee is reduced, the 
        verification procedures of section 473.843, subdivision 1, 
        paragraph (c), must be followed and submitted to the appropriate 
        county, except that for facilities operating outside of the 
        metropolitan area the commissioner shall prescribe procedures 
        for verifying the required 85 percent volume reduction. 
           (b) A facility permitted for the disposal of construction 
        debris is exempt from 25 percent of a fee imposed under 
        subdivision 1 if the facility has implemented a recycling 
        program approved by the county and 25 percent if the facility 
        contains a liner and leachate collection system approved by the 
        agency. 
           Sec. 23.  Minnesota Statutes 1992, section 115A.921, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MIXED MUNICIPAL SOLID WASTE.] A city or 
        town may impose a fee, not to exceed $1 per cubic yard of waste, 
        or its equivalent, on operators of facilities for the disposal 
        of mixed municipal solid waste located within the city or town.  
        The revenue from the fees must be credited to the city or town 
        general fund.  Revenue produced by 25 cents of the fee must be 
        used only for purposes of landfill abatement or for purposes of 
        mitigating and compensating for the local risks, costs, and 
        other adverse effects of facilities.  Revenue produced by the 
        balance of the fee may be used for any general fund purpose.  
           Waste residue from recycling facilities at which recyclable 
        materials are separated or processed for the purpose of 
        recycling, or from energy and resource recovery facilities at 
        which solid waste is processed for the purpose of extracting, 
        reducing, converting to energy, or otherwise separating and 
        preparing solid waste for reuse shall be exempt from the fee 
        imposed by a city or town under this section if there is at 
        least an 85 percent volume reduction in the solid waste 
        processed.  Before any fee is reduced, the verification 
        procedures of section 473.843, subdivision 1, paragraph (c), 
        must be followed and submitted to the appropriate city or town, 
        except that for facilities operating outside of the metropolitan 
        area the commissioner shall prescribe procedures for verifying 
        the required 85 percent volume reduction. 
           Sec. 24.  Minnesota Statutes 1993 Supplement, section 
        115A.929, is amended to read: 
           115A.929 [FEES; ACCOUNTING.] 
           Each local government unit political subdivision that 
        provides for solid waste management shall account for all 
        revenue collected from waste management fees, together with 
        interest earned on revenue from the fees, separately from other 
        revenue collected by the local government unit political 
        subdivision and shall report revenue collected from the fees and 
        use of the revenue separately from other revenue and use of 
        revenue in any required financial report or audit.  For the 
        purposes of this section, "waste management fees" means: 
           (1) all fees, charges, and surcharges collected under 
        sections 115A.919, 115A.921, and 115A.923; 
           (2) all tipping fees collected at waste management 
        facilities owned or operated by the local government unit 
        political subdivision; 
           (3) all charges imposed by the local government unit 
        political subdivision for waste collection and management 
        services; and 
           (4) any other fees, charges, or surcharges imposed on waste 
        or for the purpose of waste management, whether collected 
        directly from generators or indirectly through property taxes or 
        as part of utility or other charges for services provided by the 
        local government unit political subdivision. 
           Sec. 25.  Minnesota Statutes 1992, section 115A.9301, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [ALTERNATIVE.] A local government unit may 
        satisfy the requirements of this section by establishing at 
        least three price categories for collection of household mixed 
        municipal solid waste to include, for households that generate 
        small volumes of waste, a waste collection unit that is smaller 
        than and priced lower than for other generators if the local 
        government unit: 
           (1) operates or contracts for the operation of a 
        residential recycling program that collects more categories of 
        recyclable materials than required in section 115A.552; 
           (2) has a residential participation rate in its recycling 
        programs of at least 70 percent or in excess of the 
        participation rate for the county in which it is located, 
        whichever is greater; 
           (3) is located in a county that has exceeded the recycling 
        goals in section 115A.551; and 
           (4) generates, by all waste generators in the city, an 
        amount of mixed municipal solid waste that is managed by 
        incineration, production of refuse-derived fuel, mixed municipal 
        solid waste composting, or disposal that is no greater, in 
        proportion to the total amount of waste managed as listed above 
        by all waste generators in the county in which the city is 
        located, than it was for calendar year 1993. 
           Sec. 26.  Minnesota Statutes 1992, section 115A.95, is 
        amended to read: 
           115A.95 [RECYCLABLE MATERIALS.] 
           A disposal facility or a resource recovery facility that is 
        composting waste, burning waste, or converting waste to energy 
        or to materials for combustion, and is owned or operated by a 
        public agency or supported by public funds or by obligations 
        issued by a public agency, may not accept source-separated 
        recyclable materials, and a solid waste collector or transporter 
        may not deliver source-separated recyclable materials to such a 
        facility, except for recycling or transfer to a recycler, unless 
        the director determines that no other person is willing to 
        accept the recyclable materials. 
           Sec. 27.  Minnesota Statutes 1992, section 115A.9561, 
        subdivision 2, is amended to read: 
           Subd. 2.  [RECYCLING REQUIRED.] Major appliances must be 
        recycled or reused.  Each county shall ensure that its residents 
        households have the opportunity to recycle used major 
        appliances.  For the purposes of this section, recycling 
        includes: 
           (1) the removal of capacitors that may contain PCBs; 
           (2) the removal of ballasts that may contain PCBs; 
           (3) the removal of chlorofluorocarbon refrigerant gas; and 
           (4) the recycling or reuse of the metals, including mercury.
           Sec. 28.  Minnesota Statutes 1992, section 115A.965, 
        subdivision 6, is amended to read: 
           Subd. 6.  [RULES IMPLEMENTATION; DISPUTE RESOLUTION.] In 
        lieu of adopting rules to implement this section, the 
        commissioner of the pollution control agency, in consultation 
        with the director of the office of waste management, shall adopt 
        rules to implement this section shall seek membership in the 
        toxics in packaging clearinghouse administered by the source 
        reduction task force of the Coalition of Northeastern Governors 
        for the purposes of implementation of this section and resolving 
        issues and disputes that arise in connection with it.  The 
        commissioner shall seek a recommendation from the clearinghouse 
        prior to making a decision on an issue or dispute of first 
        impression and shall implement the recommendation unless the 
        commissioner specifically finds that the recommended 
        determination is not in the state's best interest.  A package 
        for which a request for exemption has been submitted to the 
        commissioner is not subject to enforcement action pending the 
        commissioner's determination. 
           Sec. 29.  Minnesota Statutes 1992, section 115A.965, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [REPORT.] By September 1 of each odd-numbered 
        year, the commissioner shall prepare and submit to the 
        legislative commission a report to include: 
           (1) enforcement actions taken by the commissioner under 
        this section for the reporting period; and 
           (2) issues and disputes that have arisen under this 
        section, the recommendations made by the toxics in packaging 
        clearinghouse for resolution of those issues and disputes, and 
        how those issues and disputes were finally resolved by the 
        commissioner. 
           Sec. 30.  Minnesota Statutes 1993 Supplement, section 
        115A.9651, is amended to read: 
           115A.9651 [TOXICS IN SPECIFIED PRODUCTS; ENFORCEMENT.] 
           Subdivision 1.  [PROHIBITION.] After July 1, 1994, (a) No 
        person may deliberately introduce lead, cadmium, mercury, or 
        hexavalent chromium into distribute for sale or use in this 
        state any ink, dye, pigment, paint, or fungicide that is 
        intended for use or for sale in this state manufactured after 
        September 1, 1994, into which lead, cadmium, mercury, or 
        hexavalent chromium has been intentionally introduced.  
           Until July 1, 1997, this section does not apply to 
        electrodeposition primer coating or primer coating used on 
        aircraft, porcelain enamel coatings, medical devices, hexavalent 
        chromium in the form of chromine acid when processed at a 
        temperature of at least 750 degrees Fahrenheit, or ink used for 
        computer identification markings. 
           (b) For the purposes of this subdivision, "intentionally 
        introduce" means to deliberately use a metal listed in paragraph 
        (a) as an element during manufacture or distribution of an item 
        listed in paragraph (a).  Intentional introduction does not 
        include the incidental presence of any of the prohibited 
        elements. 
           (c) The concentration of a listed metal in an item listed 
        in paragraph (a) may not exceed 100 parts per million. 
           Subd. 2.  [TEMPORARY EXEMPTION.] (a) An item listed in 
        subdivision 1 is exempt from this section until July 1, 1997, if 
        the manufacturer of the item submits to the commissioner a 
        written request for an exemption by August 1, 1994.  The request 
        must include at least: 
           (1) an explanation of why compliance is not technically 
        feasible at the time of the request; 
           (2) how the manufacturer will comply by July 1, 1997; and 
           (3) the name, address, and telephone number of a person the 
        commissioner can contact for further information. 
           (b) By September 1, 1994, a person who uses an item listed 
        in subdivision 1, into which one of the listed metals has been 
        intentionally introduced, may submit, on behalf of the 
        manufacturer, a request for temporary exemption only if the 
        manufacturer fails to submit an exemption request as provided in 
        paragraph (a).  The request must include: 
           (1) an explanation of why the person must continue to use 
        the item and a discussion of potential alternatives; 
           (2) an explanation of why it is not technically feasible at 
        the time of the request to formulate or manufacture the item 
        without intentionally introducing a listed metal; 
           (3) that the person will seek alternatives to using the 
        item by July 1, 1997, if it still contains an intentionally 
        introduced listed metal; and 
           (4) the name, address, and telephone number of a person the 
        commissioner can contact for further information. 
           (c) A person who submits a request for temporary exemption 
        under paragraph (b) may submit a request for a temporary 
        exemption after September 1, 1994, for an item that the person 
        will use as an alternative to the item for which the request was 
        originally made as long as the new item has a total 
        concentration level of all the listed metals that is 
        significantly less than in the original item.  An exemption 
        under this paragraph expires July 1, 1997, and the person who 
        requests it must submit the progress description required in 
        paragraph (e). 
           (d) By October 1, 1994, and annually thereafter if requests 
        are received under paragraph (c), the commissioner shall submit 
        to the legislative commission on waste management a list of 
        manufacturers and persons that have requested an exemption under 
        this subdivision and the items for which exemptions were sought, 
        along with copies of the requests. 
           (e) By July 1, 1996, each manufacturer on the list shall 
        submit to the commissioner a description of the progress the 
        manufacturer has made toward compliance with subdivision 1, and 
        the date compliance has been achieved or the date on or before 
        July 1, 1997, by which the manufacturer anticipates achieving 
        compliance.  By July 1, 1996, each person who has requested an 
        exemption under paragraph (b) or (c) shall submit to the 
        commissioner: 
           (1) a description of progress made to eliminate the listed 
        metal or metals from the item or progress made by the person to 
        find a replacement item that does not contain an intentionally 
        introduced listed metal; and 
           (2) the date or anticipated date the item is or will be 
        free of intentionally introduced metals or the date the person 
        has stopped or will stop using the item. 
           By October 1, 1996, the commissioner shall submit to the 
        legislative commission a summary of the progress made by the 
        manufacturers and other persons and any recommendations for 
        appropriate legislative or other action to ensure that products 
        are not distributed in the state after July 1, 1997, that 
        violate subdivision 1. 
           Subd. 3.  [APPLICATION; ENFORCEMENT.] (a) This section does 
        not apply to art supplies. 
           (b) This section may be enforced under sections 115.071 and 
        116.072.  The attorney general or the commissioner of the agency 
        shall coordinate enforcement of this section with the director 
        of the office. 
           Sec. 31.  Minnesota Statutes 1993 Supplement, section 
        115A.981, subdivision 3, is amended to read: 
           Subd. 3.  [REPORT.] (a) The commissioner shall report to 
        the legislative commission on waste management by July 1 of each 
        odd-numbered year on the economic status and outlook of the 
        state's solid waste management sector including an estimate of 
        the extent to which prices for solid waste management paid by 
        consumers reflect costs related to environmental and 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.  
           (b) In preparing the report, the 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 facilities; 
        and other interested persons; 
           (2) consider and analyze information received under 
        subdivision 2 and information available under section 115A.929; 
        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) 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 how each facility is meeting those 
        requirements. 
           Sec. 32.  Minnesota Statutes 1992, 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 30 years after closure for a mixed municipal solid 
        waste disposal facility or for a minimum of 20 years after 
        closure, as determined by agency rules, for any other solid 
        waste disposal facility, 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) 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, 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 by pledging its 
        full faith and credit to meet its responsibility. 
           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) 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 the time period 
        required in paragraph (a) 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. 
           (2) The municipality 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) When a municipality opts to meet a portion of its 
        financial responsibility by relying on its authority to issue 
        bonds, it shall also begin setting aside 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.  
        The agency may not require a municipality to set aside more than 
        five percent of the total cost in a single year. 
           (4) 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) The method for proving financial responsibility 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. 33.  [116.073] [FIELD CITATIONS.] 
           Subdivision 1.  [AUTHORITY TO ISSUE.] Pollution control 
        agency staff designated by the commissioner and department of 
        natural resources conservation officers may issue citations to a 
        person who disposes of solid waste as defined in section 116.06, 
        subdivision 22, at a location not authorized by law for the 
        disposal of solid waste without permission of the owner of the 
        property.  A citation issued under this subdivision must include 
        a requirement that the person cited remove and properly dispose 
        of or otherwise manage the waste or reimburse any government 
        agency that has disposed of the waste for the reasonable costs 
        of disposal. 
           Subd. 2.  [PENALTY AMOUNT.] The citation must impose the 
        following penalty amounts: 
           (1) $100 per major appliance, as defined in section 
        115A.03, subdivision 17a, up to a maximum of $2,000; 
           (2) $25 per waste tire, as defined in section 115A.90, 
        subdivision 11, up to a maximum of $2,000; 
           (3) $25 per lead acid battery governed by section 115A.915, 
        up to a maximum of $2,000; 
           (4) $1 per pound of other solid waste or $20 per cubic foot 
        up to a maximum of $2,000; and 
           (5) up to $200 for any amount of waste that escapes from a 
        vehicle used for the transportation of solid waste if, after 
        receiving actual notice that waste has escaped the vehicle, the 
        person or company transporting the waste fails to immediately 
        collect the waste. 
           Subd. 3.  [APPEALS.] Citations may be appealed under the 
        procedures in section 116.072, subdivision 6, if the person 
        requests a hearing by notifying the commissioner in writing 
        within 15 days after receipt of the citation.  If a hearing is 
        not requested within the 15-day period, the citation becomes a 
        final order not subject to further review. 
           Subd. 4.  [ENFORCEMENT OF FIELD CITATIONS.] Field citations 
        may be enforced under section 116.072, subdivisions 9 and 10.  
           Subd. 5.  [CUMULATIVE REMEDY.] The authority to issue field 
        citations is in addition to other remedies available under 
        statutory or common law, except that the state may not seek 
        penalties under any other provision of law for the incident 
        subject to the citation. 
           Sec. 34.  Minnesota Statutes 1992, section 116.731, is 
        amended by adding a subdivision to read: 
           Subd. 4a.  [VENTING.] A person may not knowingly vent or 
        otherwise release into the environment any CFC used as a 
        refrigerant in appliances. 
           Sec. 35.  [116.735] [APPLIANCE RECYCLERS AND SERVICERS; 
        TRAINING AND CERTIFICATION.] 
           The agency shall develop standards of competence for 
        persons who service or recycle appliances that may contain CFCs 
        and the commissioner may conduct training programs for persons 
        who service or recycle appliances.  A person engaged in the 
        business of recycling appliances as described in section 
        115A.9561, subdivision 2, shall, and a person who services 
        appliances may, obtain from the commissioner a certificate of 
        competence or equivalent federal certification that has been 
        approved by the commissioner. 
           The agency may adopt rules to implement this section. 
           Sec. 36.  Minnesota Statutes 1992, section 116.76, 
        subdivision 4, is amended to read: 
           Subd. 4.  [COMMERCIAL TRANSPORTER.] "Commercial 
        transporter" means a person, other than the United States 
        government, who transports infectious or pathological waste for 
        compensation. 
           Sec. 37.  Minnesota Statutes 1993 Supplement, section 
        116.79, subdivision 1, is amended to read: 
           Subdivision 1.  [PREPARATION OF MANAGEMENT PLANS.] (a) To 
        the extent applicable to the facility, a person in charge of a 
        facility that generates, stores, decontaminates, incinerates, or 
        disposes of infectious or pathological waste must prepare a 
        management plan for the infectious or pathological waste handled 
        by the facility.  A person may prepare a common management plan 
        for all generating facilities owned and operated by the person.  
        If a single plan is prepared to cover multiple facilities, the 
        plan must identify common policy and procedures for the 
        facilities and any management procedures that are facility 
        specific.  The plan must identify each generating facility 
        covered by the plan.  A management plan must list all 
        physicians, dentists, chiropractors, podiatrists, veterinarians, 
        certified nurse practitioners, certified nurse midwives, or 
        physician assistants, employed by, under contract to, or working 
        at the generating facilities, except hospitals or laboratories.  
        A management plan from a hospital must list the number of 
        licensed beds and from a laboratory must list the number of 
        generating employees. 
           (b) The management plan must describe, to the extent the 
        information is applicable to the facility: 
           (1) the type of infectious waste and pathological waste 
        that the person generates or handles; 
           (2) the segregation, packaging, labeling, collection, 
        storage, and transportation procedures for the infectious waste 
        or pathological waste that will be followed; 
           (3) the decontamination or disposal methods for the 
        infectious or pathological waste that will be used; 
           (4) the transporters and disposal facilities that will be 
        used for the infectious waste; 
           (5) the steps that will be taken to minimize the exposure 
        of employees to infectious agents throughout the process of 
        disposing of infectious or pathological wastes; and 
           (6) the name of the individual responsible for the 
        management of the infectious waste or pathological waste.  
           (c) If the generator mails sharps for storage, 
        decontamination, or disposal, the plan must specify how the 
        generator will comply with applicable federal laws and rules.  
        The plan must also specify the name, address, and telephone 
        number of the facility to which the sharps are mailed, the name 
        of the person who receives the sharps at the facility, and the 
        annual amount mailed to the facility.  If the facility to which 
        the sharps are mailed is not the disposal facility, the plan 
        must also identify the disposal facility.  
           (d) The management plan must be kept at the facility.  
           (d) (e) To the extent applicable to the facility, 
        management plans must be accompanied by a statement of the 
        quantity of infectious and pathological waste generated, 
        decontaminated, stored, incinerated, or disposed of at the 
        facility during the previous two-year period.  Quantities shall 
        be reported in pounds.  
           (e) (f) A management plan must be updated at least once 
        every two years. 
           Sec. 38.  Minnesota Statutes 1992, section 116.92, 
        subdivision 8, is amended to read: 
           Subd. 8.  [BAN; TOYS OR, GAMES, AND APPAREL.] A person may 
        not sell for resale or at retail in this state a toy or game 
        that contains mercury, or an item of clothing or wearing apparel 
        that is exempt from sales tax under section 297A.25, subdivision 
        8, that contains an electric switch that contains mercury. 
           Sec. 39.  Minnesota Statutes 1993 Supplement, section 
        400.04, subdivision 4, is amended to read: 
           Subd. 4.  [MANAGEMENT AND SERVICE CONTRACTS.] 
        Notwithstanding sections 375.21 and 471.345, a county may enter 
        into contracts for the construction, installation, maintenance 
        and operation of property and facilities on private or public 
        lands and may contract for the furnishing of solid waste 
        management services upon terms and conditions determined by the 
        board, with or without advertisement for bids, including the use 
        of conditional sales contracts and lease-purchase agreements.  
        If a county contract is let by negotiation, without advertising 
        for bids, the county shall conduct negotiations and award the 
        contract using a fair and open procedure and in full compliance 
        with section 471.705.  If an agency permit is required for a 
        solid waste service, a contract entered into under this 
        subdivision is not binding until the permit is issued. 
           Sec. 40.  Minnesota Statutes 1993 Supplement, section 
        473.149, subdivision 6, is amended to read: 
           Subd. 6.  [REPORT TO LEGISLATURE.] The council shall report 
        on abatement to the legislative commission on waste management 
        by July 1 of each year.  The report must include an assessment 
        of whether the objectives of the metropolitan abatement plan 
        have been met and whether each county and each class of city 
        within each county have achieved the objectives set for it in 
        the council's plan.  The report must recommend any legislation 
        that may be required to implement the plan.  The report shall 
        include the reports required by sections 115A.551, subdivision 5 
        4; 473.846; and 473.848, subdivision 4.  If in any year the 
        council reports that the objectives of the council's abatement 
        plan have not been met, the council shall evaluate and report on 
        the need to reassign governmental responsibilities among cities, 
        counties, and metropolitan agencies to assure implementation and 
        achievement of the metropolitan and local abatement plans and 
        objectives. 
           The report in each even-numbered year must include a report 
        on the operating, capital, and debt service costs of solid waste 
        facilities in the metropolitan area; changes in the costs; the 
        methods used to pay the costs; and the resultant allocation of 
        costs among users of the facilities and the general public.  The 
        facility costs report must present the cost and financing 
        analysis in the aggregate and broken down by county and by major 
        facility. 
           Sec. 41.  Minnesota Statutes 1992, section 473.803, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [ROLE OF PRIVATE SECTOR; COUNTY OVERSIGHT.] A 
        county may include in its solid waste management master plan and 
        in its plan for county land disposal abatement a determination 
        that the private sector will achieve, either in part or in 
        whole, the goals and requirements of sections 473.149 and 
        473.803, as long as the county: 
           (1) retains active oversight over the efforts of the 
        private sector and monitors performance to ensure compliance 
        with the law and the goals and standards of the council and the 
        county as expressed in the metropolitan solid waste management 
        plan and the county master plan; 
           (2) continues to meet its responsibilities under the law 
        for ensuring proper waste management, including, at a minimum, 
        enforcing waste management law, providing waste education, 
        promoting waste reduction, and providing its residents the 
        opportunity to recycle waste materials; and 
           (3) continues to provide all required reports on the 
        county's progress in meeting the waste management goals and 
        standards of this chapter and chapter 115A. 
           Sec. 42.  Minnesota Statutes 1992, section 473.811, 
        subdivision 5, is amended to read: 
           Subd. 5.  [ORDINANCES; SOLID WASTE COLLECTION AND 
        TRANSPORTATION.] (a) Each metropolitan county may adopt 
        ordinances governing the collection of solid waste.  A county 
        may adopt, but may not be required to adopt, an ordinance that 
        requires the separation from mixed municipal waste, by 
        generators before collection, of materials that can readily be 
        separated for use or reuse as substitutes for raw materials or 
        for transformation into a usable soil amendment. 
           (b) Each local unit of government within the metropolitan 
        area shall adopt an ordinance governing the collection of solid 
        waste within its boundaries.  If the county within which it is 
        located has adopted a collection ordinance, the local unit shall 
        adopt either the county ordinance by reference or a more strict 
        ordinance.  If the county within which it is located has adopted 
        a separation ordinance, the ordinance applies in all local units 
        within the county that have failed to meet the local abatement 
        performance standards, as stated in the most recent annual 
        county report.  
           (c) Ordinances of counties and local government units may 
        establish reasonable conditions respecting but shall not prevent 
        the transportation of solid waste by a licensed collector 
        through and between counties and local units, except as required 
        for the enforcement of any designation of a facility by a county 
        under chapter 115A or for enforcement of the prohibition on 
        disposal of unprocessed mixed municipal solid waste under 
        sections 473.848 and 473.849.  
           (d) A licensed collector or a metropolitan county or local 
        government unit may request review by the council of an 
        ordinance adopted under this subdivision.  The council shall 
        approve or disapprove the ordinance within 60 days of the 
        submission of a request for review.  The ordinance shall remain 
        in effect unless it is disapproved. 
           (e) Ordinances of counties and local units of government: 
           (1) shall provide for the enforcement of any designation of 
        facilities by the counties under chapter 115A.; 
           (2) may require waste collectors and transporters to 
        deliver unprocessed mixed municipal waste generated in the 
        county to processing facilities; and 
           (3) may prohibit waste collectors and transporters from 
        delivering unprocessed mixed municipal solid waste generated in 
        the county to disposal facilities for final disposal. 
           (f) Nothing in this subdivision shall be construed to limit 
        limits the authority of the local government unit to regulate 
        and license collectors of solid waste or to require review or 
        approval by the council for ordinances regulating collection.  
           Sec. 43.  Minnesota Statutes 1992, section 473.811, 
        subdivision 5a, is amended to read: 
           Subd. 5a.  [ORDINANCES; SOLID WASTE FACILITIES.] Each 
        metropolitan county shall by ordinance establish and from time 
        to time revise rules, regulations, and standards for solid waste 
        facilities within the county, relating to location, sanitary 
        operation, periodic inspection and monitoring, maintenance, 
        termination and abandonment, and other pertinent matters.  The 
        county ordinance may require facilities accepting mixed 
        municipal solid waste for disposal to install scales.  The 
        county ordinance may prohibit disposal facilities from accepting 
        unprocessed mixed municipal solid waste for final disposal.  The 
        county ordinance shall require permits or licenses for solid 
        waste facilities and shall require that such facilities be 
        registered with a county office. 
           Sec. 44.  [473.812] [RECORDS; INSPECTION.] 
           For the purpose of enforcing section 473.811 or ordinances 
        adopted under that section, a county has the responsibilities 
        and authorities for record inspection under section 115A.882, 
        regardless of whether the county has adopted a designation 
        ordinance under sections 115A.80 to 115A.893. 
           Sec. 45.  Minnesota Statutes 1992, section 473.843, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [AMOUNT OF FEE; APPLICATION.] The operator 
        of a mixed municipal solid waste disposal facility in the 
        metropolitan area shall pay a fee on solid waste accepted and 
        disposed at the facility as follows:  
           (a) A facility that weighs the waste that it accepts must 
        pay a fee of $2 per cubic yard based on equivalent cubic 
        yards $6.66 per ton of waste accepted at the entrance of the 
        facility.  
           (b) A facility that does not weigh the waste but that 
        measures the volume of the waste that it accepts must pay a fee 
        of $2 per cubic yard of waste accepted at the entrance of the 
        facility.  This fee and the tipping fee must be calculated on 
        the same basis. 
           (c) Waste residue, from recycling facilities at which 
        recyclable materials are separated or processed for the purposes 
        of recycling, or from energy and resource recovery facilities at 
        which solid waste is processed for the purpose of extracting, 
        reducing, converting to energy, or otherwise separating and 
        preparing solid waste for reuse, is exempt from the fee imposed 
        by this subdivision if there is at least an 85 percent volume 
        reduction in the solid waste processed.  To qualify for 
        exemption under this clause, waste residue must be brought to a 
        disposal facility separately.  The commissioner of revenue, with 
        the advice and assistance of the council and the agency, shall 
        prescribe procedures for determining the amount of waste residue 
        qualifying for exemption. 
           Sec. 46.  Minnesota Statutes 1992, section 473.844, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [USE OF FUNDS.] (a) The money in the account may 
        be spent only for the following purposes:  
           (1) assistance to any person for resource recovery projects 
        funded under subdivision 4 or projects to develop and coordinate 
        markets for reusable or recyclable waste materials, including 
        related public education, planning, and technical assistance; 
           (2) grants to counties under section 473.8441; 
           (3) program administration by the metropolitan council; 
           (4) public education on solid waste reduction and 
        recycling; and 
           (5) solid waste research; and 
           (6) grants to multicounty groups for regionwide planning 
        for solid waste management system operations and use of 
        management capacity. 
           (b) The council shall allocate at least 50 percent of the 
        annual revenue received by the account for grants to counties 
        under section 473.8441. 
           Sec. 47.  Minnesota Statutes 1992, section 473.845, 
        subdivision 3, is amended to read: 
           Subd. 3.  [EXPENDITURES FROM THE FUND.] Money in the fund 
        may only be appropriated to the agency for expenditure for: 
           (1) reasonable and necessary expenses for closure and 
        postclosure care of a mixed municipal solid waste disposal 
        facility in the metropolitan area for a 20-year 30-year period 
        after closure, if the agency determines that the operator or 
        owner will not take the necessary actions requested by the 
        agency for closure and postclosure in the manner and within the 
        time requested; 
           (2) reasonable and necessary response and postclosure costs 
        at a mixed municipal solid waste disposal facility in the 
        metropolitan area that has been closed for 20 30 years in 
        compliance with the closure and postclosure rules of the agency; 
        or 
           (3) reimbursement to a local government unit for costs 
        incurred over $400,000 under a work plan approved by the 
        commissioner of the agency to remediate methane at a closed 
        disposal facility owned by the local government unit. 
           Sec. 48.  Minnesota Statutes 1993 Supplement, section 
        473.846, is amended to read: 
           473.846 [REPORT TO LEGISLATURE.] 
           The agency and metropolitan council shall submit to the 
        senate finance committee, the house ways and means committee, 
        and the legislative commission on waste management separate 
        reports describing the activities for which money from the 
        landfill abatement account and contingency action trust fund has 
        been spent during the previous fiscal year.  The agency shall 
        report by November 1 of each year on expenditures during its 
        previous fiscal year.  The council shall report on expenditures 
        during the previous calendar year and must incorporate its 
        report in the report required by section 473.149, due July 1 of 
        each year.  The council shall make recommendations to the 
        legislative commission on waste management on the future 
        management and use of the metropolitan landfill abatement 
        account. 
           Sec. 49.  Minnesota Statutes 1992, section 473.848, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [RESTRICTION.] (a) After January 1, 1990 
        For the purposes of implementing the waste management policies 
        in section 115A.02 and metropolitan area goals related to 
        landfill abatement established under this chapter, a person may 
        not dispose of unprocessed mixed municipal solid waste generated 
        in the metropolitan area at a waste disposal facilities located 
        in the metropolitan area facility unless the waste disposal 
        facility meets the standards in section 473.849 and: 
           (1) the waste has been certified as unprocessible by a 
        county under subdivision 2; or 
           (2)(i) the waste has been transferred to the disposal 
        facility from a resource recovery facility; 
           (ii) no other resource recovery facility in serving the 
        metropolitan area is capable of processing the waste; and 
           (iii) the waste has been certified as unprocessible by the 
        operator of the resource recovery facility under subdivision 3. 
           (b) For purposes of this section, mixed municipal solid 
        waste does not include street sweepings, construction debris, 
        mining waste, foundry sand, and other materials, if they are not 
        capable of being processed by resource recovery as determined by 
        the council.  
           Sec. 50.  Minnesota Statutes 1992, section 473.848, 
        subdivision 5, is amended to read: 
           Subd. 5.  [DEFINITION.] For the purpose of this section, 
        waste is "unprocessed" if it has not, after collection and 
        before disposal, undergone at least one process, as defined in 
        section 115A.03, subdivision 25, excluding storage, exchange, 
        and transfer of the waste separation of materials for resource 
        recovery through recycling, incineration for energy production, 
        production and use of refuse-derived fuel, composting, or any 
        combination of these processes so that the weight of the waste 
        remaining that must be disposed of in a mixed municipal solid 
        waste disposal facility is not more than 35 percent of the 
        weight before processing, on an annual average. 
           Sec. 51.  [ELECTRONIC APPLIANCES; REPORT.] 
           By July 1, 1995, the director of the office of waste 
        management, in consultation with the commissioner of the 
        pollution control agency and counties, shall submit a report to 
        the legislative commission on waste management regarding 
        management of waste electronic appliances that: 
           (1) identifies types of electronic appliances that contain 
        materials that pose problems in the solid waste management 
        system; 
           (2) explains how those waste appliances are presently 
        managed and identifies any adverse environmental effects of 
        present management; and 
           (3) recommends, if necessary, legislation to govern 
        management of waste electronic appliances. 
           For the purposes of this section, "electronic appliances" 
        includes at least audio, video, computing, printing, 
        communication, and telecommunication equipment and apparatuses 
        that contain electronic components, including but not limited to 
        radios, televisions, computers, computer printers, small 
        electronic kitchen appliances, telefacsimile equipment, and 
        household and commercial communication transmission and 
        reception equipment, but does not include major appliances as 
        defined in Minnesota Statutes, section 115A.03, subdivision 17a. 
           Sec. 52.  [MERCURY IN PRODUCTS; REPORT.] 
           By December 1, 1994, the commissioner of the pollution 
        control agency, after consultation with interested 
        manufacturers, retailers, public interest groups, political 
        subdivisions, and other persons, shall prepare and submit to the 
        legislative commission on waste management a report that: 
           (1) identifies products and portions or elements of 
        products into which mercury is intentionally introduced; 
           (2) identifies whether the use of mercury in the products 
        is essential, whether alternatives exist to using mercury, and 
        what those alternatives are; and 
           (3) recommends legislation to address public health and 
        environmental protection in the distribution, sale, and use of 
        products into which mercury has been intentionally introduced 
        and to address reduction of mercury in the products and 
        management of the products when they become waste, including 
        recommendations for banning specific products when the costs of 
        management as waste outweigh the benefits that accrue from 
        distribution, sale, and use of the products. 
           Sec. 53.  [RECYCLING FACILITIES; REPORT.] 
           By July 1, 1995, the commissioner of the pollution control 
        agency shall submit to the legislative commission on waste 
        management a report that contains: 
           (1) a description of the different types of recycling 
        facilities and the numbers of each type that are currently in 
        operation; 
           (2) a survey of recycling facilities that indicates, for 
        each facility, the type of facility, the extent to which 
        materials delivered to the facility are not actually recycled, 
        and other information pertaining to the facility's performance; 
           (3) a discussion of issues affecting the performance of 
        recycling facilities; 
           (4) a comparison of markets for commingled and 
        source-separated recyclable materials; and 
           (5) recommendations regarding performance standards for 
        recycling facilities, including whether different standards 
        should apply to different types of facilities. 
           In preparing the report, the commissioner shall consult 
        with the director of the office of waste management, the chair 
        of the metropolitan council, counties, and the recycling 
        industry. 
           Sec. 54.  [ADDITION TO FEE REPORT.] 
           The director of the office of waste management shall 
        include in the solid waste fee report due December 1, 1994, 
        required under Laws 1993, chapter 172, section 92, an analysis 
        of the advantages and disadvantages of expanding the authority 
        of counties, under Minnesota Statutes, section 115A.919, to also 
        authorize fees on waste delivered to transfer stations, 
        incinerator ash disposal facilities, and industrial waste 
        disposal facilities.  This portion of the report must discuss at 
        least: 
           (1) arguments for and against expansion of the fees; 
           (2) if expansion may be appropriate, whether expanded fee 
        authority should be limited to the metropolitan area or should 
        be applied statewide; 
           (3) if expansion may be appropriate, whether the 
        legislature should set the amount of the fees, place a maximum 
        amount on fees in statute, or allow counties to determine the 
        amount of the fees; 
           (4) if expansion may be appropriate, how revenue from the 
        fees should be used, how to avoid fees being paid for the same 
        waste more than once and how to structure fees to have a minimal 
        effect on cooperative agreements between counties governing 
        waste management; and 
           (5) how expanding or not expanding application of the fees 
        will affect competition between similar types of facilities and 
        will affect whether waste is managed in the most environmentally 
        sound manner. 
           Sec. 55.  [DELAYED REPORTS.] 
           The 1994 date for reports required under Minnesota 
        Statutes, sections 115A.551, subdivision 4; and 115A.557, 
        subdivision 4, is delayed until August 1, 1994. 
           Sec. 56.  [APPLICATION.] 
           Sections 40 to 50 apply in the counties of Anoka, Carver, 
        Dakota, Hennepin, Ramsey, Scott, and Washington. 
           Sec. 57.  [REPEALER.] 
           Minnesota Statutes 1993 Supplement, section 115A.542, is 
        repealed effective July 1, 1995. 
           Sec. 58.  [EFFECTIVE DATE.] 
           Section 2 is effective July 1, 1980. 
           Sections 30, 38, and 55 are effective the day following 
        final enactment. 
           Section 48 is effective June 1, 1994. 
           Section 35 is effective January 1, 1995. 
           Presented to the governor May 4, 1994 
           Signed by the governor May 6, 1994, 11:50 a.m.