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Office of the Revisor of Statutes

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

                            CHAPTER 247-S.F.No. 462 
                  An act relating to the environment; implementing the 
                  transfer of solid waste management duties of the 
                  metropolitan council to the office of environmental 
                  assistance; providing for the management of waste; 
                  providing penalties; amending Minnesota Statutes 1992, 
                  section 115A.33, as reenacted; Minnesota Statutes 
                  1994, sections 16B.122, subdivision 3; 115.071, 
                  subdivision 1; 115A.055; 115A.07, subdivision 3; 
                  115A.072, subdivisions 1, 3, and 4; 115A.12; 115A.14, 
                  subdivision 4; 115A.15, subdivision 9; 115A.191, 
                  subdivisions 1 and 2; 115A.32; 115A.411; 115A.42; 
                  115A.45; 115A.46, subdivisions 1 and 5; 115A.55, 
                  subdivision 3, and by adding a subdivision; 115A.5501, 
                  subdivisions 2, 3, and 4; 115A.5502; 115A.551, 
                  subdivisions 2a, 4, 5, 6, and 7; 115A.554; 115A.557, 
                  subdivisions 3 and 4; 115A.558; 115A.63, subdivision 
                  3; 115A.84, subdivision 3; 115A.86, subdivision 2; 
                  115A.919, subdivision 3; 115A.921, subdivision 1; 
                  115A.923, subdivision 1; 115A.9302, subdivisions 1 and 
                  2; 115A.951, subdivision 4; 115A.96, subdivision 2; 
                  115A.965, subdivision 1; 115A.9651, subdivision 2; 
                  115A.97, subdivisions 5 and 6; 115A.981, subdivision 
                  3; 115D.03, subdivision 5, and by adding a 
                  subdivision; 115D.05; 115D.07, subdivisions 1 and 2; 
                  115D.08, subdivision 1; 115D.10; 116.07, subdivisions 
                  4a and 4j; 116.072; 116.66, subdivisions 2 and 4; 
                  116.92, subdivision 4; 325E.0951, subdivision 5; 
                  400.16; 400.161; 473.149, subdivisions 1, 2d, 2e, 3, 
                  4, and 6; 473.151; 473.516, subdivision 2; 473.801, 
                  subdivision 1, and by adding subdivisions; 473.8011; 
                  473.803, subdivisions 1, 1c, 2, 2a, 3, 4, and 5; 
                  473.804; 473.811, subdivisions 1, 4a, 5, 5c, 7, and 8; 
                  473.813, subdivision 2; 473.823, subdivisions 3, 5, 
                  and 6; 473.843, subdivision 1; 473.844, subdivisions 
                  1a and 4; 473.8441, subdivisions 2, 4, and 5; 473.845, 
                  subdivision 4; 473.846; and 473.848, subdivisions 2 
                  and 4; Laws 1994, chapters 585, section 51; 628, 
                  article 3, section 209; proposing coding for new law 
                  in Minnesota Statutes, chapters 16B; 115A; 116; and 
                  480; repealing Minnesota Statutes 1994, sections 
                  115A.165; 115A.81, subdivision 3; 115A.90, subdivision 
                  3; 116.94; 383D.71, subdivision 2; 473.149, 
                  subdivisions 2, 2a, 2c, 2f, and 5; 473.181, 
                  subdivision 4; and 473.803, subdivisions 1b and 1e. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                                   ARTICLE 1
                                     POLICY
           Section 1.  Minnesota Statutes 1994, section 16B.122, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PUBLIC ENTITY PURCHASING.] (a) Notwithstanding 
        section 365.37, 375.21, 412.311, or 473.705, a public entity may 
        purchase recycled materials when the price of the recycled 
        materials does not exceed the price of nonrecycled materials by 
        more than ten percent.  In order to maximize the quantity and 
        quality of recycled materials purchased, a public entity also 
        may use other appropriate procedures to acquire recycled 
        materials at the most economical cost to the public entity. 
           (b) When purchasing commodities and services, a public 
        entity 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.  A 
        public entity, in developing bid specifications, shall consider 
        the extent to which a commodity or product is durable, reusable, 
        or recyclable and marketable through the applicable local or 
        regional recycling program and the extent to which the commodity 
        or product contains postconsumer material.  When a project by a 
        public entity involves the replacement of carpeting, the public 
        entity may require all persons who wish to bid on the project to 
        designate a carpet recycling company in their bids. 
           Sec. 2.  [16B.124] [CONSIDERATION OF ENVIRONMENTAL IMPACTS 
        OF METAL RECYCLING FACILITIES.] 
           (a) The state, counties, towns, and home rule charter or 
        statutory cities shall include consideration of environmental 
        impacts in selecting a recycling facility for the recycling of 
        scrap metal. 
           (b) For the purposes of this section, "recycling facility" 
        has the meaning given in section 115A.03, subdivision 25c. 
           Sec. 3.  [115A.0715] [CONSOLIDATED GRANT AND LOAN 
        PROGRAMS.] 
           The director may consolidate and jointly administer the 
        following grant and loan programs:  public education under 
        section 115A.072, technical and research assistance under 
        section 115A.152, waste reduction under section 115A.154, waste 
        processing and collection facilities and services under section 
        115A.156, market development under section 115A.48, waste 
        separation projects under section 115A.53, solid waste reduction 
        under section 115A.55, used oil under section 115A.9162, litter 
        under section 115A.991, pollution prevention assistance under 
        section 115D.04, and pollution prevention under section 115D.05. 
           Sec. 4.  Minnesota Statutes 1994, section 115A.072, 
        subdivision 3, is amended to read: 
           Subd. 3.  [EDUCATION GRANTS.] (a) The director shall 
        provide grants to persons for the purpose of developing and 
        distributing waste education information. 
           (b) The director shall provide grants and technical 
        assistance to formal and informal education facilities to 
        develop and implement a model program to incorporate waste 
        reduction, recycling, litter prevention, and proper management 
        of problem materials into educational operations. 
           (c) The director shall provide grants or awards and 
        technical assistance to formal and informal education facilities 
        to develop or implement ongoing programs for waste reduction, 
        recycling, litter prevention, and proper management of problem 
        materials programs. 
           Sec. 5.  Minnesota Statutes 1994, section 115A.072, 
        subdivision 4, is amended to read: 
           Subd. 4.  [EDUCATION, PROMOTION, AND PROCUREMENT.] The 
        director shall include:  (1) waste reduction and reuse, 
        including packaging reduction and reuse; and (2) the hazards of 
        open burning, as defined in section 88.01, of mixed municipal 
        solid waste, especially the hazards of dioxin emissions to 
        children, as an element elements of the director's 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. 6.  Minnesota Statutes 1992, section 115A.33, as 
        reenacted by sections 60 and 64, is amended to read: 
           115A.33 [ELIGIBILITY; REQUEST FOR REVIEW.] 
           The following persons shall be eligible to request 
        supplementary review by the board pursuant to sections 115A.32 
        to 115A.39:  (a) a generator of sewage sludge within the state 
        who has been issued permits by the agency for a facility to 
        dispose of sewage sludge or solid waste resulting from sewage 
        treatment; (b) a political subdivision which has been issued 
        permits by the agency, or a political subdivision acting on 
        behalf of a person who has been issued permits by the agency, 
        for a solid waste facility which is no larger than 250 acres, 
        not including any proposed buffer area, and located outside the 
        metropolitan area; (c) a generator of hazardous waste within the 
        state who has been issued permits by the agency for a hazardous 
        waste facility to be owned and operated by the generator, on 
        property owned by the generator, and to be used by the generator 
        for managing the hazardous wastes produced by the generator 
        only; (d) a person who has been issued permits by the agency for 
        a commercial hazardous waste processing facility at a site 
        included in the board's inventory of preferred sites for such 
        facilities adopted pursuant to section 115A.09; (e) a person who 
        has been issued permits by the agency for a disposal facility 
        for the nonhazardous sludge, ash, or other solid waste generated 
        by a permitted hazardous waste processing facility operated by 
        the person.  The metropolitan waste control commission shall not 
        be eligible to request review under clause (a) for a sewage 
        sludge disposal facility.  The metropolitan waste control 
        commission shall not be eligible to request review under clause 
        (a) for a solid waste facility with a proposed permitted life of 
        longer than four years.  The board may require completion of a 
        plan conforming to the requirements of section 115A.46, before 
        granting review under clause (b).  A request for supplementary 
        review shall show that the required permits for the facility 
        have been issued by the agency and that a political subdivision 
        has refused to approve the establishment or operation of the 
        facility. 
           Sec. 7.  Minnesota Statutes 1994, section 115A.411, is 
        amended to read: 
           115A.411 [SOLID WASTE MANAGEMENT POLICY; CONSOLIDATED 
        REPORT.] 
           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 July 1 of 
        each even-numbered odd-numbered year and may shall include 
        reports required under sections 115A.55, subdivision 4, 
        paragraph (b); 115A.551, subdivision 4, and; 115A.557, 
        subdivision 4; 473.149, subdivision 6; 473.846; and 473.848, 
        subdivision 4. 
           Subd. 2.  [CONTENTS.] (a) The report must also include: 
           (1) a summary of the current status of solid waste 
        management, including the amount of solid waste generated, the 
        manner in which it is collected, processed, and disposed, the 
        extent of separation, recycling, reuse, and recovery of solid 
        waste, and the facilities available or under development to 
        manage the waste; 
           (2) a summary of current state solid waste management 
        policies, goals, and objectives, including their statutory, 
        administrative, and regulatory basis and the state agencies and 
        political subdivisions responsible for implementation; 
           (3) (2) an evaluation of the extent and effectiveness of 
        implementation and an assessment of progress in accomplishing 
        state policies, goals, and objectives, including those listed in 
        paragraph (b); 
           (4) estimates of the generation of solid waste anticipated 
        for the future, the manner in which the waste is likely to be 
        managed, and the programs and facilities that will be available 
        and needed for proper waste management; 
           (5) (3) identification of issues requiring further 
        research, study, and action, the appropriate scope of the 
        research, study, or action, the state agency or political 
        subdivision that should implement the research, study, or 
        action, and a schedule for completion of the activity; and 
           (6) (4) recommendations for establishing or modifying state 
        solid waste management policies, authorities, and programs. 
           (b) Beginning in 1997, and every sixth year thereafter, the 
        report shall be expanded to include the metropolitan area solid 
        waste policy plan required in section 473.149, subdivision 1, 
        and strategies for the office to advance the goals of this 
        chapter, to manage waste as a resource, to further reduce the 
        need for expenditures on resource recovery and disposal 
        facilities, and to further reduce long-term environmental and 
        financial liabilities.  The expanded report must include 
        strategies for: 
           (1) achieving the maximum feasible reduction in waste 
        generation; 
           (2) encouraging manufacturers to design products that 
        eliminate or reduce the adverse environmental impacts of 
        resource extraction, manufacturing, use, and waste processing 
        and disposal; 
           (3) educating businesses, public entities, and other 
        consumers about the need to consider the potential environmental 
        and financial impacts of purchasing products that may create a 
        liability or that may be expensive to recycle or manage as 
        waste, due to the presence of toxic or hazardous components; 
           (4) eliminating or reducing toxic or hazardous components 
        in compost from municipal solid waste composting facilities, in 
        ash from municipal solid waste incinerators, and in leachate and 
        air emissions from municipal solid waste landfills, in order to 
        reduce the potential liability of waste generators, facility 
        owners and operators, and taxpayers; 
           (5) encouraging the source separation of materials to the 
        extent practicable, so that the materials are most appropriately 
        managed and to ensure that resources that can be reused or 
        recycled are not disposed of or destroyed; and 
           (6) maximizing the efficiency of the waste management 
        system by managing waste and recyclables close to the point of 
        generation, taking into account the characteristics of the 
        resources to be recovered from the waste and the type and 
        capacity of local facilities. 
           Sec. 8.  Minnesota Statutes 1994, section 115A.46, 
        subdivision 5, is amended to read: 
           Subd. 5.  [JURISDICTION OF PLAN.] (a) After a county plan 
        has been submitted for approval under subdivision 1, a political 
        subdivision public entity, as defined in section 16B.122, 
        subdivision 1, within the county may not enter into a binding 
        agreement governing a solid waste management activity that is 
        inconsistent with the county plan without the consent of the 
        county. 
           (b) After a county plan has been approved under subdivision 
        1, the plan governs all solid waste management in the county and 
        a political subdivision public entity, as defined in section 
        16B.122, subdivision 1, within the county may not develop or 
        implement a solid waste management activity, other than an 
        activity to reduce waste generation or reuse waste materials, 
        that is inconsistent with the county plan that the county is 
        actively implementing without the consent of the county.  
           Sec. 9.  [115A.471] [PUBLIC ENTITIES; MANAGEMENT OF SOLID 
        WASTE.] 
           (a) Prior to entering into or approving a contract for the 
        management of mixed municipal solid waste which would manage the 
        waste using a waste management practice that is ranked lower on 
        the list of preferred waste management practices in section 
        115A.02, paragraph (b), than the waste management practice 
        selected for such waste in the county plan for the county in 
        which the waste was generated, a public entity must: 
           (1) determine the potential liability to the public entity 
        and its taxpayers for managing the waste in this manner; 
           (2) develop and implement a plan for managing the potential 
        liability; and 
           (3) submit the information from clauses (1) and (2) to the 
        agency. 
           (b) For the purpose of this subdivision, "public entity" 
        means the state; an office, agency, or institution of the state; 
        the metropolitan council; a metropolitan agency; the 
        metropolitan mosquito control district; the legislature; the 
        courts; a county; a statutory or home rule charter city; a town; 
        a school district; another special taxing district; or any other 
        general or special purpose unit of government in the state. 
           Sec. 10.  Minnesota Statutes 1994, section 115A.55, 
        subdivision 3, is amended to read: 
           Subd. 3.  [FINANCIAL ASSISTANCE.] (a) The director shall 
        make loans and grants to any person for the purpose of 
        developing and implementing projects or practices to prevent or 
        reduce the generation of solid waste including those that 
        involve reuse of items in their original form or in 
        manufacturing processes that do not cause the destruction of 
        recyclable materials in a manner that precludes further use, or 
        involve procuring, using, or producing products with long useful 
        lives.  Grants may be used to fund studies needed to determine 
        the technical and financial feasibility of a waste reduction 
        project or practice or for the cost of implementation of a waste 
        reduction project or practice that the director has determined 
        is technically and financially feasible. 
           (b) In making grants or loans, the director shall give 
        priority to waste reduction projects or practices that have 
        broad application in the state and that have the potential for 
        significant reduction of the amount of waste generated. 
           (c) All information developed as a result of a grant or 
        loan shall be made available to other solid waste generators 
        through the public information program established in 
        subdivision 2. 
           (d) The director shall adopt rules for the administration 
        of this program and may administer the program in conjunction 
        with the grant program established under section 115D.05.  The 
        rules must prescribe the level or levels of matching funds 
        required for grants or loans under this subdivision. 
           Sec. 11.  Minnesota Statutes 1994, section 115A.55, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [STATEWIDE SOURCE REDUCTION GOAL.] (a) It is a 
        goal of the state that there be a minimum ten percent per capita 
        reduction in the amount of mixed municipal solid waste generated 
        in the state by December 31, 2000, based on a reasonable 
        estimate of the amount of mixed municipal solid waste that was 
        generated in calendar year 1993. 
           (b) As part of the 1997 report required under section 
        115A.411, the director shall submit to the legislative 
        commission on waste management a proposed strategy for meeting 
        the goal in paragraph (a).  The strategy must include a 
        discussion of the different reduction potentials to be found in 
        various sectors and may include recommended interim goals.  The 
        director shall report progress on meeting the goal in paragraph 
        (a), as well as recommendations and revisions to the proposed 
        strategy, as part of the 1999 report required under section 
        115A.411. 
           Sec. 12.  Minnesota Statutes 1994, section 115A.5501, 
        subdivision 4, is amended to read: 
           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.  The director 
        shall use the statistical mean for the data collected in 
        determining whether the goal has been met and shall include in 
        the analysis a discussion of the margin of error and statistical 
        reliability for the data collected. 
           Sec. 13.  Minnesota Statutes 1994, section 115A.5502, is 
        amended to read: 
           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 and consists of a significant 
        percentage of postconsumer material; 
           (3) 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) (4) minimal packaging that does not comply with clauses 
        clause (1) and, (2), or (3) 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 
        clause (1) and, (2), or (3); 
           (4) (5) packaging that contains no intentionally introduced 
        toxic materials but does not comply with clauses (1) to (3) (4); 
        and 
           (5) (6) all other packaging. 
           Sec. 14.  Minnesota Statutes 1994, section 115A.551, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [SUPPLEMENTARY RECYCLING GOALS.] (a) By 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 35 
        percent by weight of total solid waste generation; 
           (2) for a metropolitan county, 45 50 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" have the meanings given them 
        in subdivision 1, except that neither includes yard waste. 
           (b) For a county that, by January 1, 1995, is implementing 
        a solid waste reduction program that is approved by the 
        director, the director shall apply three percentage points 
        toward achievement of the recycling goals in this subdivision.  
        In addition, the director shall apply demonstrated waste 
        reduction that exceeds three percent reduction toward 
        achievement of the goals in this subdivision. 
           (c) No more than five percentage points may be applied 
        toward achievement of the recycling goals in this subdivision 
        for management of yard waste.  The five percentage points must 
        be applied as provided in this paragraph.  The director shall 
        apply three percentage points for a county in which residents, 
        by January 1, 1996, are provided with: 
           (1) an ongoing comprehensive education program under which 
        they are informed about how to manage yard waste and are 
        notified of the prohibition in section 115A.931; and 
           (2) the opportunity to drop off yard waste at specified 
        sites or participate in curbside yard waste collection. 
        The director shall apply up to an additional two percentage 
        points toward achievement of the recycling goals in this 
        subdivision for additional activities approved by the director 
        that are likely to reduce the amount of yard waste generated and 
        to increase the on-site composting of yard waste.  
           Sec. 15.  Minnesota Statutes 1994, section 115A.551, 
        subdivision 4, is amended to read: 
           Subd. 4.  [INTERIM MONITORING.] The director, 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 goals in 
        subdivisions 2 and 2a.  The director shall report to the 
        legislative commission on waste management on the progress of 
        the counties by July 1 of each odd-numbered year.  The 
        metropolitan council shall report to the legislative commission 
        on waste management on the progress of the counties by July 1 of 
        each year.  If the director or the council finds that a county 
        is not progressing toward the goals in 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 goals, such as organized collection, curbside 
        collection of source-separated materials, and volume-based 
        pricing. 
           In even-numbered years The progress report may shall be 
        included in the solid waste management policy report required 
        under section 115A.411.  The metropolitan council's progress 
        report shall be included in the report required by section 
        473.149. 
           Sec. 16.  Minnesota Statutes 1994, section 115A.551, 
        subdivision 6, is amended to read: 
           Subd. 6.  [COUNTY SOLID WASTE PLANS.] (a) Each county shall 
        include in its solid waste management plan described in section 
        115A.46, or its solid waste master plan described in section 
        473.803, a plan recycling implementation strategy for 
        implementing meeting the recycling goal established in 
        subdivision 2 2a along with mechanisms for providing financial 
        incentives to solid waste generators to reduce the amount of 
        waste generated and to separate recyclable materials from the 
        waste stream.  The recycling plan must include detailed 
        recycling implementation information to form the basis for the 
        strategy required in subdivision 7.  
           (b) Each county required to submit its plan to the director 
        under section 115A.46 shall amend its plan to comply with this 
        subdivision within one year after October 4, 1989.  
           Sec. 17.  Minnesota Statutes 1994, section 115A.551, 
        subdivision 7, is amended to read: 
           Subd. 7.  [RECYCLING IMPLEMENTATION STRATEGY.] Within one 
        year of approval of the portion of the plan required in 
        subdivision 6, Each nonmetropolitan county shall submit to the 
        director for approval a local the recycling implementation 
        strategy required in subdivision 6.  The local recycling 
        implementation strategy must be submitted by October 31, 1995, 
        and must: 
           (1) be consistent with the approved county solid waste 
        management plan; 
           (2) identify the materials that are being and will be 
        recycled in the county to meet the goals under this section and 
        the parties responsible and methods for recycling the material; 
        and 
           (3) define the need for funds to ensure continuation of 
        local recycling, methods of raising and allocating such funds, 
        and permanent sources and levels of local funding for recycling 
        provide a budget to ensure adequate funding for needed county 
        and local programs and demonstrate an ongoing commitment to 
        spending the money on recycling programs; and 
           (4) include a schedule for implementing recycling 
        activities needed to meet the goals in subdivision 2a. 
           Sec. 18.  Minnesota Statutes 1994, section 115A.554, is 
        amended to read: 
           115A.554 [AUTHORITY OF SANITARY DISTRICTS.] 
           A sanitary district has the authorities and 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; 116.072; 375.18, subdivision 14; 400.08, except 
        subdivision 4, paragraph (b); 400.16; and 400.161. 
           Sec. 19.  Minnesota Statutes 1994, 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 director 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 April 1 of each year to the director 
        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 director 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 director 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. 20.  Minnesota Statutes 1994, section 115A.557, 
        subdivision 4, is amended to read: 
           Subd. 4.  [REPORT.] By July 1 of each odd-numbered year, 
        the director shall report on how the money was spent and the 
        resulting statewide improvements in solid waste management to 
        the house of representatives and senate appropriations and 
        finance committees and the legislative commission on waste 
        management.  In even-numbered years The report may shall be 
        included in the solid waste management policy report required 
        under section 115A.411. 
           Sec. 21.  Minnesota Statutes 1994, 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 weight 
        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 weight 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. 22.  Minnesota Statutes 1994, 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 weight 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 weight reduction. 
           Sec. 23.  Minnesota Statutes 1994, section 115A.923, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [AMOUNT OF FEE.] (a) The operator of a 
        mixed municipal solid waste disposal facility outside of the 
        metropolitan area shall charge a fee on solid waste accepted and 
        disposed of at the facility as follows:  
           (1) a facility that weighs the waste that it accepts must 
        charge a fee of $2 per cubic yard based on equivalent cubic 
        yards of waste accepted at the entrance of the facility; 
           (2) a facility that does not weigh the waste but that 
        measures the volume of the waste that it accepts must charge a 
        fee of $2 per cubic yard of waste accepted at the entrance of 
        the facility; and 
           (3) 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 is exempt from the fee imposed 
        by this subdivision if there is at least an 85 percent volume 
        weight reduction in the solid waste processed.  
           (b) To qualify for exemption under paragraph (a), clause 
        (3), waste residue must be brought to a disposal facility 
        separately.  The commissioner shall prescribe procedures for 
        determining the amount of waste residue qualifying for exemption.
           Sec. 24.  Minnesota Statutes 1994, section 115A.9302, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DISCLOSURE REQUIRED.] (a) By January 1, 
        1994, and at least annually thereafter between January 1 and 
        March 31, a person that collects construction debris, industrial 
        waste, or mixed municipal solid waste for transportation to a 
        waste facility shall disclose to each waste generator from whom 
        waste is collected the name, location, and type of, and the 
        number of the permit issued by the agency, or its counterpart in 
        another state, if applicable, for the processing or disposal 
        facility or facilities, excluding a transfer station, at which 
        the waste will be deposited.  The collector shall note both the 
        approximate percentage of waste deposited at each of the two 
        primary facility at which the collector most often deposits 
        waste facilities used for the type of waste collected from the 
        generator in the county in which the generator generates the 
        waste and any alternative facilities regularly used by the 
        collector. for the type of waste collected from the generator in 
        the county in which the generator generates the waste.  
           (b) All written disclosures must include the following 
        statement: 
           "You may be responsible for any liability that results from 
        contamination at a facility where your waste has been 
        deposited.  Minnesota believes that its waste management system 
        provides substantially more financial and environmental 
        protection than depositing waste in landfills in other states.  
        Managing your waste in Minnesota may minimize your potential 
        liability." 
           All oral disclosures must include the following statement: 
           "You may be responsible for any liability that results from 
        contamination at a facility where your waste has been deposited. 
        Minnesota believes that its waste management system offers more 
        protection from liability than the waste management systems of 
        other states." 
           (c) If any of the primary or alternative disposal 
        facilities identified by the collector in paragraph (a) are not 
        located in Minnesota, the disclosure must state "The landfill to 
        which your waste may be sent during the current calendar year is 
        not a Minnesota landfill." 
           Sec. 25.  Minnesota Statutes 1994, section 115A.9302, 
        subdivision 2, is amended to read: 
           Subd. 2.  [FORM OF DISCLOSURE.] (a) A collector shall make 
        the disclosure to the waste generator in writing at least once 
        per year or between January 1 and March 31 and on any written 
        contract for collection services for that year.  The written 
        disclosure must include all of the information described in 
        subdivision 1.  The oral disclosure required in this section 
        need only include the statement required in subdivision 1, 
        paragraph (b), and the statement required in subdivision 1, 
        paragraph (c), if that paragraph applies.  If the license issued 
        by the county to the collector for collection within the county 
        does not require the collector to submit a copy of the 
        disclosure to the county, the collector shall submit a copy to 
        the commissioner by March 31 of each year. 
           (b) An oral disclosure is only required with regard to the 
        collection of mixed municipal solid waste.  A collector must 
        provide the required disclosure orally to a waste generator at 
        the time the generator agrees to purchase regular collection 
        service and must provide written disclosure to the generator 
        within 45 days from the date of request.  This oral disclosure 
        is not required if the city or county within which the waste is 
        generated selects the collector that may provide collection 
        services to the generator. 
           (c) If a collector provides one-time or occasional service 
        to a waste generator, the collector must orally provide the 
        generator with the required disclosure at the time the generator 
        agrees to purchase the service.  The collector shall then 
        provide written disclosure to the generator within 45 days from 
        the date of request. 
           (d) If an additional facility becomes either a primary 
        facility or an alternative facility during the year, the 
        collector shall make the disclosure set forth in subdivision 1 
        within 30 days.  A local government unit that collects solid 
        waste without direct charges to waste generators shall make the 
        disclosure on any statement that includes an amount for waste 
        management, provided that, at a minimum, disclosure to waste 
        generators must be made at least twice annually in a form likely 
        to be available to all generators. 
           (e) The agency may develop standard disclosure forms 
        containing the information that is required in this section.  
        Collectors may use the form developed by the agency.  
           Sec. 26.  Minnesota Statutes 1994, section 115A.96, 
        subdivision 2, is amended to read: 
           Subd. 2.  [MANAGEMENT PROGRAM.] (a) The agency shall 
        establish a statewide program to manage household hazardous 
        wastes.  The program must include: 
           (1) the establishment and operation of collection sites; 
        and 
           (2) the provision of information, education, and technical 
        assistance regarding proper management of household hazardous 
        wastes. 
           (b) The agency shall report on its progress on establishing 
        permanent collection sites to the legislative commission on 
        waste management by November 1, 1991. 
           Sec. 27.  Minnesota Statutes 1994, section 115A.965, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PACKAGING.] (a) As soon as feasible but 
        not later than August 1, 1993, no manufacturer or distributor 
        may sell or offer for sale or for promotional purposes in this 
        state packaging or a product that is contained in packaging if 
        the packaging itself, or any inks, dyes, pigments, adhesives, 
        stabilizers, or any other additives to the packaging contain any 
        lead, cadmium, mercury, or hexavalent chromium that has been 
        intentionally introduced as an element during manufacture or 
        distribution of the packaging.  Intentional introduction does 
        not include the incidental presence of any of the prohibited 
        elements. 
           (b) For the purposes of this section: 
           (1) "distributor" means a person who imports packaging or 
        causes packaging to be imported into the state; and 
           (2) until August 15, 1995 1996, "packaging" does not 
        include steel strapping containing a total concentration level 
        of lead, cadmium, mercury, and hexavalent chromium, added 
        together, of less than 100 parts per million by weight. 
           Sec. 28.  Minnesota Statutes 1994, section 115A.9651, 
        subdivision 2, is amended to read: 
           Subd. 2.  [TEMPORARY EXEMPTION.] (a) An item listed in 
        subdivision 1 is exempt from this section until July 1, 1997 
        1998, if the manufacturer of the item submits submitted 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 1998, 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 1998, 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 1998, that 
        violate subdivision 1. 
           Sec. 29.  Minnesota Statutes 1994, section 115D.03, 
        subdivision 5, is amended to read: 
           Subd. 5.  [ELIGIBLE RECIPIENTS.] "Eligible recipients" 
        means persons who use, generate, or release toxic pollutants, 
        hazardous substances, or hazardous wastes, or individuals or 
        organizations that provide assistance to these persons. 
           Sec. 30.  Minnesota Statutes 1994, section 115D.03, is 
        amended by adding a subdivision to read: 
           Subd. 6a.  [OFFICER OF THE COMPANY.] "Officer of the 
        company" means one of the following: 
           (1) an owner or sole proprietor; 
           (2) a partner; 
           (3) for a corporation incorporated under chapter 300, the 
        president, secretary, treasurer, or other officer as provided 
        for in the corporation's bylaws or certificate of incorporation; 
           (4) for a corporation incorporated under chapter 302A, an 
        individual exercising the functions of the chief executive 
        officer or the chief financial officer under section 302A.305 or 
        another officer elected or appointed by the directors of the 
        corporation under section 302A.311; 
           (5) for a corporation incorporated outside this state, an 
        officer of the company as defined by the laws of the state in 
        which the corporation is incorporated; or 
           (6) for a limited liability company organized under chapter 
        322B, the chief manager or treasurer. 
           Sec. 31.  Minnesota Statutes 1994, section 115D.05, is 
        amended to read: 
           115D.05 [POLLUTION PREVENTION GRANTS.] 
           Subdivision 1.  [PURPOSE.] The director may make grants to 
        study or demonstrate the feasibility of applying specific 
        technologies and methods to prevent develop or implement 
        pollution prevention projects or practices. 
           Subd. 2.  [ELIGIBILITY.] (a) Eligible recipients may 
        receive grants under this section. 
           (b) Grants may be awarded up to a maximum of two-thirds 
        three-quarters of the total cost of the project.  Grant money 
        awarded under this section may not be spent for capital 
        improvements or equipment. 
           Subd. 3.  [PROCEDURE FOR AWARDING GRANTS.] (a) In 
        determining whether to award a grant, the director shall 
        consider at least the following: 
           (1) the potential of the project to prevent pollution; 
           (2) the likelihood that the project will develop techniques 
        or processes that will minimize the transfer of pollution from 
        one environmental medium to another; 
           (3) the extent to which information to be developed through 
        the project will be applicable and disseminated to other persons 
        in the state; and 
           (4) the willingness of the grant applicant to implement 
        feasible methods and technologies developed under the grant; 
           (5) the willingness of the grant applicant to assist the 
        director in disseminating information about the pollution 
        prevention methods to be developed through the project; and 
           (6) the extent to which the project will conform to the 
        pollution prevention policy established in section 115D.02. 
           (b) The director shall adopt rules to administer the grant 
        program and may administer the grant program in conjunction with 
        the grant program established under section 115A.55, subdivision 
        3.  Prior to completion of any new rulemaking, the director may 
        administer the program under the procedures established in rules 
        promulgated under section 115A.154. 
           Sec. 32.  Minnesota Statutes 1994, section 115D.07, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REQUIREMENT TO PREPARE AND MAINTAIN A 
        PLAN.] (a) Persons who operate a facility required by United 
        States Code, title 42, section 11023, or section 299K.08, 
        subdivision 3, to submit a toxic chemical release form shall 
        prepare a toxic pollution prevention plan for that facility.  A 
        facility that is required to submit a toxic chemical release 
        form but does not release a toxic chemical is exempt from the 
        requirements of this subdivision.  The plan must contain the 
        information listed in subdivision 2. 
           (b) Except as provided in paragraphs (d) and (e), for 
        facilities that release a total of 10,000 pounds or more of 
        toxic pollutants annually, the plan must be completed as follows:
           (1) on or before July 1, 1991, for facilities having a 
        two-digit standard industrial classification of 35 to 39; 
           (2) by January 1, 1992, for facilities having a two-digit 
        standard industrial classification of 28 to 34; and 
           (3) by July 1, 1992, for all other persons required to 
        prepare a plan under this subdivision. 
           (c) Except as provided in paragraphs (d) and (e), 
        facilities that release less than a total of 10,000 pounds of 
        toxic pollutants annually must complete their plans by July 1, 
        1992. 
           (d) For the following facilities, the plan must be 
        completed as follows: 
           (1) by January 1, 1995, for facilities required to report 
        under section 299K.08, subdivision 3, that have a two-digit 
        standard industrial classification of 01 to 50; and 
           (2) by July 1, 1995 January 1, 1996, for facilities 
        required to report under section 299K.08, subdivision 3, that 
        have a two-digit standard industrial classification of 51 to 99. 
           (e) For facilities that become subject to this subdivision 
        after July 1, 1993, the plan must be completed by six months 
        after the first submittal for the facility under United States 
        Code, title 42, section 11023, or section 299K.08, subdivision 3.
           (f) Each plan must be updated every two years by January 1 
        of every even-numbered year and must be maintained at the 
        facility to which it pertains. 
           Sec. 33.  Minnesota Statutes 1994, section 115D.07, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CONTENTS OF PLAN.] (a) Each toxic pollution 
        prevention plan must establish a program identifying the 
        specific technically and economically practicable steps that 
        could be taken during at least the three years following the 
        date the plan is due, to eliminate or reduce the generation or 
        release of toxic pollutants reported by the facility.  Toxic 
        pollutants resulting solely from research and development 
        activities need not be included in the plan.  
           (b) At a minimum, each plan must include: 
           (1) a policy statement articulating upper management 
        support for eliminating or reducing the generation or release of 
        toxic pollutants at the facility; 
           (2) a description of the current processes generating or 
        releasing toxic pollutants that specifically describes the 
        types, sources, and quantities of toxic pollutants currently 
        being generated or released by the facility; 
           (3) a description of the current and past practices used to 
        eliminate or reduce the generation or release of toxic 
        pollutants at the facility and an evaluation of the 
        effectiveness of these practices; 
           (4) an assessment of technically and economically 
        practicable options available to eliminate or reduce the 
        generation or release of toxic pollutants at the facility, 
        including options such as changing the raw materials, operating 
        techniques, equipment and technology, personnel training, and 
        other practices used at the facility.  The assessment may 
        include a cost benefit analysis of the available options; 
           (5) a statement of objectives based on the assessment in 
        clause (4) and a schedule for achieving those objectives.  
        Wherever technically and economically practicable, the 
        objectives for eliminating or reducing the generation or release 
        of each toxic pollutant at the facility must be expressed in 
        numeric terms based on a specified base year that is no earlier 
        than 1987.  Otherwise, the objectives must include a clearly 
        stated list of actions designed to lead to the establishment of 
        numeric objectives as soon as practicable; 
           (6) an explanation of the rationale for each objective 
        established for the facility; 
           (7) a listing of options that were considered not to be 
        economically and technically practicable; and 
           (8) a certification, signed and dated by the facility 
        manager and an officer of the company under penalty of section 
        609.63, attesting to the accuracy of the information in the plan.
           Sec. 34.  Minnesota Statutes 1994, section 115D.08, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REQUIREMENT TO SUBMIT PROGRESS REPORT.] 
        (a) All persons required to prepare a toxic pollution prevention 
        plan under section 115D.07 shall submit an annual progress 
        report to the commissioner that may be drafted in a manner that 
        does not disclose proprietary information.  Progress reports are 
        due on October 1 of each year.  The first progress reports are 
        due in 1992.  
           (b) At a minimum, each progress report must include: 
           (1) a summary of each objective established in the plan, 
        including the base year for any objective stated in numeric 
        terms, and the schedule for meeting the each objective; 
           (2) a summary of progress made during the past year, if 
        any, toward meeting each objective established in the plan 
        including the quantity of each toxic pollutant eliminated or 
        reduced; 
           (3) a statement of the methods through which elimination or 
        reduction has been achieved; 
           (4) if necessary, an explanation of the reasons objectives 
        were not achieved during the previous year, including 
        identification of any technological, economic, or other 
        impediments the facility faced in its efforts to achieve its 
        objectives; and 
           (5) a certification, signed and dated by the facility 
        manager and an officer of the company under penalty of section 
        609.63, attesting that a plan meeting the requirements of 
        section 115D.07 has been prepared and also attesting to the 
        accuracy of the information in the progress report. 
           Sec. 35.  Minnesota Statutes 1994, section 115D.10, is 
        amended to read: 
           115D.10 [TOXIC POLLUTION PREVENTION EVALUATION REPORT.] 
           The director, in cooperation with the commissioner and 
        commission, shall report to the environment and natural 
        resources committees of the legislature and the legislative 
        commission on waste management on progress being made in 
        achieving the objectives of sections 115D.01 to 115D.12.  The 
        report must be submitted by February 1 of each even-numbered 
        year. 
           Sec. 36.  [116.011] [ANNUAL POLLUTION REPORT.] 
           A goal of the pollution control agency is to reduce the 
        amount of pollution that is emitted in the state.  The pollution 
        control agency shall include in its annual performance report 
        information detailing the best estimate of the agency of the 
        total volume of water and air pollution that was emitted in the 
        state in the previous calendar year.  The agency shall report 
        its findings for both water and air pollution: 
           (1) in gross amounts, including the percentage increase or 
        decrease over the previous calendar year; and 
           (2) in a manner which will demonstrate the magnitude of the 
        various sources of water and air pollution. 
           Sec. 37.  Minnesota Statutes 1994, section 116.07, 
        subdivision 4a, is amended to read: 
           Subd. 4a.  [PERMITS.] (a) The pollution control agency may 
        issue, continue in effect or deny permits, under such conditions 
        as it may prescribe for the prevention of pollution, for the 
        emission of air contaminants, or for the installation or 
        operation of any emission facility, air contaminant treatment 
        facility, treatment facility, potential air contaminant storage 
        facility, or storage facility, or any part thereof, or for the 
        sources or emissions of noise pollution. 
           The pollution control agency may also issue, continue in 
        effect or deny permits, under such conditions as it may 
        prescribe for the prevention of pollution, for the storage, 
        collection, transportation, processing, or disposal of waste, or 
        for the installation or operation of any system or facility, or 
        any part thereof, related to the storage, collection, 
        transportation, processing, or disposal of waste. 
           The pollution control agency may revoke or modify any 
        permit issued under this subdivision and section 116.081 
        whenever it is necessary, in the opinion of the agency, to 
        prevent or abate pollution. 
           (b) The pollution control agency has the authority for 
        approval over the siting, expansion, or operation of a solid 
        waste facility with regard to environmental issues.  However, 
        the agency's issuance of a permit does not release the permittee 
        from any liability, penalty, or duty imposed by any applicable 
        county ordinances.  Nothing in this chapter precludes, or shall 
        be construed to preclude, a county from enforcing land use 
        controls, regulations, and ordinances existing at the time of 
        the permit application and adopted pursuant to sections 366.10 
        to 366.181, 394.21 to 394.37, or 462.351 to 462.365, with regard 
        to the siting, expansion, or operation of a solid waste facility.
           Sec. 38.  Minnesota Statutes 1994, section 116.07, 
        subdivision 4j, is amended to read: 
           Subd. 4j.  [PERMITS; SOLID WASTE FACILITIES.] (a) The 
        agency may not issue a permit for new or additional capacity for 
        a mixed municipal solid waste resource recovery or disposal 
        facility as defined in section 115A.03 unless each county using 
        or projected in the permit to use the facility has in place a 
        solid waste management plan approved under section 115A.46 or 
        473.803 and amended as required by section 115A.96, subdivision 
        6.  The agency shall issue the permit only if the capacity of 
        the facility is consistent with the needs for resource recovery 
        or disposal capacity identified in the approved plan or plans.  
        Consistency must be determined by the metropolitan council for 
        counties in the metropolitan area and by the agency for counties 
        outside the metropolitan area office of environmental 
        assistance.  Plans approved before January 1, 1990, need not be 
        revised if the capacity sought in the permit is consistent with 
        the approved plan or plans. 
           (b) The agency shall require as part of the permit 
        application for a waste incineration facility identification of 
        preliminary plans for ash management and ash leachate treatment 
        or ash utilization.  The permit issued by the agency must 
        include requirements for ash management and ash leachate 
        treatment. 
           (c) Within 30 days of receipt by the agency of a permit 
        application for a solid waste facility, the commissioner shall 
        notify the applicant in writing whether the application is 
        complete and if not, what items are needed to make it complete, 
        and shall give an estimate of the time it will take to process 
        the application.  Within 180 days of receipt of a completed 
        application, the agency shall approve, disapprove, or delay 
        decision on the application, with reasons for the delay, in 
        writing. 
           Sec. 39.  Minnesota Statutes 1994, section 116.072, is 
        amended to read: 
           116.072 [ADMINISTRATIVE PENALTIES.] 
           Subdivision 1.  [AUTHORITY TO ISSUE PENALTY ORDERS.] (a) 
        The commissioner may issue an order requiring violations to be 
        corrected and administratively assessing monetary penalties for 
        violations of this chapter and chapters 115, 115A, 115D, and 
        115E, any rules adopted under those chapters, and any standards, 
        limitations, or conditions established in an agency permit; and 
        for failure to respond to a request for information under 
        section 115B.17, subdivision 3.  The order must be issued as 
        provided in this section. 
           (b) A county board may adopt an ordinance containing 
        procedures for the issuance of administrative penalty orders and 
        may issue orders beginning August 1, 1996.  Before adopting 
        ordinances, counties shall work cooperatively with the agency to 
        develop an implementation plan for the orders that substantially 
        conforms to a model ordinance developed by the counties and the 
        agency.  After adopting the ordinance, the county board may 
        issue orders requiring violations to be corrected and 
        administratively assessing monetary penalties for violations of 
        county ordinances adopted under section 400.16, 400.161, or 
        473.811 or chapter 115A that regulate solid and hazardous waste 
        and any standards, limitations, or conditions established in a 
        county license issued pursuant to these ordinances.  For 
        violations of ordinances relating to hazardous waste, a county's 
        penalty authority is described in subdivisions 2 to 5.  For 
        violations of ordinances relating to solid waste, a county's 
        penalty authority is described in subdivision 5a.  Subdivisions 
        6 to 11 apply to violations of ordinances relating to both solid 
        and hazardous waste.  
           (c) Monetary penalties collected by a county must be used 
        to manage solid and hazardous waste.  A county board's authority 
        is limited to violations described in paragraph (b).  Its 
        authority to issue orders under this section expires August 1, 
        1999.  
           Subd. 2.  [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) The 
        commissioner or county board may issue an order assessing a 
        penalty up to $10,000 for all violations identified during an 
        inspection or other compliance review. 
           (b) In determining the amount of a penalty the commissioner 
        or county board may consider: 
           (1) the willfulness of the violation; 
           (2) the gravity of the violation, including damage to 
        humans, animals, air, water, land, or other natural resources of 
        the state; 
           (3) the history of past violations; 
           (4) the number of violations; 
           (5) the economic benefit gained by the person by allowing 
        or committing the violation; and 
           (6) other factors as justice may require, if the 
        commissioner or county board specifically identifies the 
        additional factors in the commissioner's or county board's order.
           (c) For a violation after an initial violation, the 
        commissioner or county board shall, in determining the amount of 
        a penalty, consider the factors in paragraph (b) and the: 
           (1) similarity of the most recent previous violation and 
        the violation to be penalized; 
           (2) time elapsed since the last violation; 
           (3) number of previous violations; and 
           (4) response of the person to the most recent previous 
        violation identified. 
           Subd. 3.  [CONTENTS OF ORDER.] An order assessing an 
        administrative penalty under this section shall include: 
           (1) a concise statement of the facts alleged to constitute 
        a violation; 
           (2) a reference to the section of the statute, 
        rule, ordinance, variance, order, stipulation agreement, or term 
        or condition of a permit or license that has been violated; 
           (3) a statement of the amount of the administrative penalty 
        to be imposed and the factors upon which the penalty is based; 
        and 
           (4) a statement of the person's right to review of the 
        order. 
           Subd. 4.  [CORRECTIVE ORDER.] (a) The commissioner or 
        county board may issue an order assessing a penalty and 
        requiring the violations cited in the order to be corrected 
        within 30 calendar days from the date the order is received.  
           (b) The person to whom the order was issued shall provide 
        information to the commissioner or county board before the 31st 
        day after the order was received demonstrating that the 
        violation has been corrected or that appropriate steps toward 
        correcting the violation have been taken.  The commissioner or 
        county board shall determine whether the violation has been 
        corrected and notify the person subject to the order of the 
        commissioner's or county board's determination.  
           Subd. 5.  [PENALTY.] (a) Except as provided in paragraph 
        (b), if the commissioner or county board determines that the 
        violation has been corrected or appropriate steps have been 
        taken to correct the action, the penalty must be forgiven.  
        Unless the person requests review of the order under subdivision 
        6 or 7 before the penalty is due, the penalty in the order is 
        due and payable: 
           (1) on the 31st day after the order was received, if the 
        person subject to the order fails to provide information to the 
        commissioner or county board showing that the violation has been 
        corrected or that appropriate steps have been taken toward 
        correcting the violation; or 
           (2) on the 20th day after the person receives the 
        commissioner's or county board's determination under subdivision 
        4, paragraph (b), if the person subject to the order has 
        provided information to the commissioner or county board that 
        the commissioner or county board determines is not sufficient to 
        show the violation has been corrected or that appropriate steps 
        have been taken toward correcting the violation.  
           (b) For a repeated or serious violation, the 
        commissioner or county board may issue an order with a penalty 
        that will not be forgiven after the corrective action is taken.  
        The penalty is due by 31 days after the order was received 
        unless review of the order under subdivision 6, 7, or 8 has been 
        sought. 
           (c) Interest at the rate established in section 549.09 
        begins to accrue on penalties under this subdivision on the 31st 
        day after the order with the penalty was received.  
           Subd. 5a.  [COUNTY PENALTY AUTHORITY FOR SOLID WASTE 
        VIOLATIONS.] (a) A county board's authority to issue a 
        corrective order and assess a penalty for all violations 
        relating to solid waste that are identified during an inspection 
        or other compliance review is as described in this subdivision.  
        The model ordinance described in subdivision 1, paragraph (b), 
        must include provisions for letters or warnings that may be 
        issued following the inspection and before proceeding under 
        paragraph (b). 
           (b) For all violations described in paragraph (a), a county 
        attorney or county department with responsibility for 
        environmental enforcement may first issue a notice of violation 
        that complies with the requirements of subdivision 4, except 
        that no penalty may be assessed unless, in the opinion of the 
        county board, the gravity of the violation and its potential for 
        damage to, or actual damage to, public health or the environment 
        is such that a penalty under paragraph (c) or (d) is warranted.  
        In that case the county attorney or department may proceed 
        directly to paragraph (c) or (d). 
           (c) If the violations are not corrected, if appropriate 
        steps have not been taken to correct them, or if the county 
        board has determined that the gravity of the violations are such 
        that action under this paragraph is warranted, a county board 
        may issue a corrective order as described in subdivision 4, 
        except that the penalty may not exceed $2,000. 
           (d) If the violations are still not corrected, if 
        appropriate steps have not been taken to correct them, or if the 
        county board has determined that the gravity of the violations 
        are such that action under this paragraph is warranted, a county 
        board may issue a corrective order as described in subdivision 
        4, except that the penalty may not exceed $5,000. 
           (e) In determining the amount of the penalty in paragraph 
        (c) or (d), the county board shall be governed by subdivision 2, 
        paragraphs (b) and (c).  The penalty assessed under paragraph 
        (c) or (d) shall be due and payable, forgiven, or assessed 
        without forgiveness as described in subdivision 5. 
           Subd. 6.  [EXPEDITED ADMINISTRATIVE HEARING.] (a) Within 30 
        days after receiving an order or within 20 days after receiving 
        notice that the commissioner or county board has determined that 
        a violation has not been corrected or appropriate steps have not 
        been taken, the person subject to an order under this section 
        may request an expedited hearing, utilizing the procedures of 
        Minnesota Rules, parts 1400.8510 to 1400.8612, to review the 
        commissioner's or county board's action.  The hearing request 
        must specifically state the reasons for seeking review of the 
        order.  The person to whom the order is directed and the 
        commissioner or county board are the parties to the expedited 
        hearing.  The commissioner or county board must notify the 
        person to whom the order is directed of the time and place of 
        the hearing at least 20 days before the hearing.  The expedited 
        hearing must be held within 30 days after a request for hearing 
        has been filed with the commissioner or county board unless the 
        parties agree to a later date. 
           (b) All written arguments must be submitted within ten days 
        following the close of the hearing.  The hearing shall be 
        conducted under Minnesota Rules, parts 1400.8510 to 1400.8612, 
        as modified by this subdivision.  The office of administrative 
        hearings may, in consultation with the agency, adopt rules 
        specifically applicable to cases under this section. 
           (c) The administrative law judge shall issue a report 
        making recommendations about the commissioner's or county 
        board's action to the commissioner or county board within 30 
        days following the close of the record.  The administrative law 
        judge may not recommend a change in the amount of the proposed 
        penalty unless the administrative law judge determines that, 
        based on the factors in subdivision 2, the amount of the penalty 
        is unreasonable. 
           (d) If the administrative law judge makes a finding that 
        the hearing was requested solely for purposes of delay or that 
        the hearing request was frivolous, the commissioner or county 
        board may add to the amount of the penalty the costs charged to 
        the agency by the office of administrative hearings for the 
        hearing.  
           (e) If a hearing has been held, the commissioner or county 
        board may not issue a final order until at least five days after 
        receipt of the report of the administrative law judge.  The 
        person to whom an order is issued may, within those five days, 
        comment to the commissioner or county board on the 
        recommendations and the commissioner or county board will 
        consider the comments.  The final order may be appealed in the 
        manner provided in sections 14.63 to 14.69.  
           (f) If a hearing has been held and a final order issued by 
        the commissioner or county board, the penalty shall be paid by 
        30 days after the date the final order is received unless review 
        of the final order is requested under sections 14.63 to 14.69.  
        If review is not requested or the order is reviewed and upheld, 
        the amount due is the penalty, together with interest accruing 
        from 31 days after the original order was received at the rate 
        established in section 549.09. 
           Subd. 7.  [DISTRICT COURT HEARING.] (a) Within 30 days 
        after the receipt of an order from the commissioner or a county 
        board or within 20 days of receipt of notice that the 
        commissioner or a county board has determined that a violation 
        has not been corrected or appropriate steps have not been taken, 
        the person subject to an order under this section may file a 
        petition in district court for review of the order in lieu of 
        requesting an administrative hearing under subdivision 6.  The 
        petition shall be filed with the court administrator with proof 
        of service on the commissioner or county board.  The petition 
        shall be captioned in the name of the person making the petition 
        as petitioner and the director commissioner or county board as 
        respondent.  The petition shall state with specificity the 
        grounds upon which the petitioner seeks rescission of the order, 
        including the facts upon which each claim is based. 
           (b) At trial, the commissioner or county board must 
        establish by a preponderance of the evidence that a violation 
        subject to this section occurred, the petitioner is responsible 
        for the violation, a penalty immediately assessed as provided 
        for under subdivision 5, paragraph (b) or (c), is justified by 
        the violation, and the factors listed in subdivision 2 were 
        considered when the penalty amount was determined and the 
        penalty amount is justified by those factors. 
           Subd. 8.  [MEDIATION.] In addition to review under 
        subdivision 6 or 7, the commissioner or county board is 
        authorized to enter into mediation concerning an order issued 
        under this section if the commissioner or county board and the 
        person to whom the order is issued both agree to mediation. 
           Subd. 9.  [ENFORCEMENT.] (a) The attorney general may 
        proceed on behalf of the state, or the county attorney on behalf 
        of the county, may proceed to enforce penalties that are due and 
        payable under this section in any manner provided by law for the 
        collection of debts.  
           (b) The attorney general or county attorney may petition 
        the district court to file the administrative order as an order 
        of the court.  At any court hearing, the only issues parties may 
        contest are procedural and notice issues.  Once entered, the 
        administrative order may be enforced in the same manner as a 
        final judgment of the district court.  
           (c) If a person fails to pay the penalty, the attorney 
        general or county attorney may bring a civil action in district 
        court seeking payment of the penalties, injunctive, or other 
        appropriate relief including monetary damages, attorney fees, 
        costs, and interest.  
           Subd. 10.  [REVOCATION AND SUSPENSION OF PERMIT.] If a 
        person fails to pay a penalty owed under this section, the 
        agency or county board has grounds to revoke or refuse to 
        reissue or renew a permit or license issued by the agency or 
        county board. 
           Subd. 11.  [CUMULATIVE REMEDY.] The authority of the agency 
        or county board to issue a corrective order assessing penalties 
        is in addition to other remedies available under statutory or 
        common law, except that the state or county board may not seek 
        civil penalties under any other provision of law for the 
        violations covered by the administrative penalty order.  The 
        payment of a penalty does not preclude the use of other 
        enforcement provisions, under which penalties are not assessed, 
        in connection with the violation for which the penalty was 
        assessed. 
           Subd. 12.  [REPORT; ADMINISTRATIVE PENALTY ORDER.] (a) All 
        counties that have adopted ordinances allowing them to issue 
        administrative penalty orders shall report to the legislative 
        auditor by September 1, 1998, on administrative penalty activity 
        through August 1, 1998.  The reports must include at least the 
        following information:  the nature and number of orders and 
        penalties issued or forgiven, the nature and outcome of appeals 
        taken, how much revenue was collected from penalties and how it 
        was spent, and any other information a county board finds 
        relevant.  
           (b) The legislative audit commission is requested to direct 
        the legislative auditor to evaluate the data and report to the 
        legislative commission on waste management by January 1, 1999, 
        on at least the following matters:  the degree to which 
        penalties were suitable to the gravity of the violation, 
        compliance with the implementation plan, and any other 
        information the auditor finds relevant.  In preparing the 
        report, the auditor shall solicit information from counties and 
        the regulated community and shall make recommendations as to 
        whether the administrative penalty authority should be 
        continued, discontinued, or continued with modifications and 
        make any other recommendations the auditor wishes to propose as 
        a result of the study. 
           Sec. 40.  Minnesota Statutes 1994, section 116.66, 
        subdivision 2, is amended to read: 
           Subd. 2.  [FACILITY EVALUATIONS; ENVIRONMENTAL ASSESSMENT.] 
        (a) The commissioner of the pollution control agency shall 
        conduct facility evaluations to evaluate ongoing waste 
        management practices and shall provide technical assistance for 
        corrective action at motor vehicle salvage facilities.  
           (b) The commissioner shall may conduct environmental 
        assessments at a representative group of motor vehicle salvage 
        facilities to determine the extent and magnitude of any 
        contamination and environmental impacts, develop criteria, and 
        determine appropriate cleanup methods, and set priorities for 
        cleanup actions at motor vehicle salvage facility sites, under 
        the criteria in Minnesota Rules, chapter 7044. 
           Sec. 41.  Minnesota Statutes 1994, section 116.66, 
        subdivision 4, is amended to read: 
           Subd. 4.  [REPEALER.] This section is repealed on the day 
        that the repeal of section 115A.908 is effective June 30, 1999.  
           Sec. 42.  [116.67] [COST-SHARING PROGRAM; CLEANUP OF 
        CERTAIN MOTOR VEHICLE SALVAGE FACILITIES.] 
           The pollution control agency may enter into cost-sharing 
        agreements with owners and operators of motor vehicle salvage 
        facilities for the cleanup of motor vehicle salvage facility 
        sites, based on the findings of the environmental assessment of 
        motor vehicle salvage facilities conducted under section 116.66, 
        subdivision 2.  An agreement under this section must provide 
        that the agency will be responsible for paying 90 percent of the 
        costs of removal and remedial actions at the site, and the owner 
        or operator of the motor vehicle salvage facility must pay the 
        remaining ten percent of the costs.  For the purposes of this 
        section, the terms "removal" and "remedial actions" have the 
        meanings given in section 115B.02, subdivisions 16 and 17. 
           Sec. 43.  Minnesota Statutes 1994, section 116.92, 
        subdivision 4, is amended to read: 
           Subd. 4.  [REMOVAL FROM SERVICE; PRODUCTS CONTAINING 
        MERCURY.] (a) When an item listed in subdivision 3 is removed 
        from service the mercury in the item must be reused, recycled, 
        or otherwise managed to ensure compliance with section 115A.932. 
           (b) A person who is in the business of replacing or 
        repairing an item listed in subdivision 3 in households shall 
        ensure, or deliver the item to a facility that will ensure, that 
        the mercury contained in an item that is replaced or repaired is 
        reused or recycled or otherwise managed in compliance with 
        section 115A.932. 
           (c) A person may not crush a motor vehicle unless the 
        person has first made a good faith effort to remove all of the 
        mercury switches in the motor vehicle.  
           Sec. 44.  Minnesota Statutes 1994, section 325E.0951, 
        subdivision 5, is amended to read: 
           Subd. 5.  [RULES SUPERSEDED.] This section supersedes 
        Minnesota Rules, part 7005.1190 7023.0120, to the extent the 
        rule is inconsistent with this section. 
           Sec. 45.  Minnesota Statutes 1994, section 400.16, is 
        amended to read: 
           400.16 [SOLID WASTE AND SEWAGE SLUDGE DISPOSAL MANAGEMENT 
        REGULATIONS.] 
           The county may by ordinance establish and revise rules, 
        regulations, and standards for solid waste and sewage sludge 
        management and land pollution, relating to (a) the location, 
        sanitary operation, and maintenance of solid waste facilities 
        and sewage sludge disposal facilities by the county and any 
        municipality or other public agency and by private operators; 
        (b) the collection, processing, and disposal of solid waste and 
        sewage sludge; (c) the amount and type of equipment required in 
        relation to the amount and type of material received at any 
        solid waste facility or sewage sludge disposal facility; (d) the 
        control of salvage operations, water or air or land pollution, 
        and rodents at such facilities; (e) the termination or 
        abandonment of the facilities or activities; and (f) other 
        matters relating to the facilities as may be determined 
        necessary for the public health, welfare, and safety.  The 
        county may issue permits or licenses for solid waste facilities 
        and may require that the facilities be registered with an 
        appropriate county office.  The county shall adopt the 
        ordinances for mixed municipal solid waste management.  The 
        county shall make provision for issuing permits or licenses for 
        mixed municipal solid waste facilities and shall require that 
        the facilities be registered with an appropriate county office.  
        No permit or license shall be issued for a mixed municipal solid 
        waste facility unless the applicant has demonstrated to the 
        satisfaction of the county board the availability of revenues 
        necessary to operate the facility in accordance with applicable 
        state and local laws, ordinances, and rules.  No permit shall be 
        issued for a solid waste facility used primarily for resource 
        recovery or a transfer station serving such a facility, if the 
        facility or station is owned or operated by a public agency or 
        if the acquisition or betterment of the facility or station is 
        secured by public funds or obligations issued by a public 
        agency, unless the county finds and determines that adequate 
        markets exist for the products recovered and that any 
        displacement of existing resource recovery facilities and 
        transfer stations serving such facilities that may result from 
        the establishment of the new facility is required in order to 
        achieve the waste management objectives of the county.  The 
        county ordinance shall require appropriate procedures for 
        termination or abandonment of any mixed municipal solid waste 
        facilities or services, which shall include provision for long 
        term monitoring for possible land pollution, and for the payment 
        by the owners or operators thereof, or both, of any costs 
        incurred by the county in completing the procedures.  The county 
        may require the procedures and payments with respect to any 
        facilities or services regulated pursuant to this section.  In 
        the event the operators or owners fail to complete the 
        procedures in accordance with the ordinance, 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 to be collected as other taxes are 
        collected.  The ordinance may be enforced by injunction, action 
        to compel performance, or other appropriate action in the 
        district court, or administrative penalty order authorized under 
        section 116.072.  Any ordinance enacted under this section shall 
        embody minimum standards and requirements established by rule of 
        the agency. 
           Sec. 46.  Minnesota Statutes 1994, 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 (1) identification of 
        hazardous waste, (2) the labeling and classification of 
        hazardous waste, (3) the collection, transportation, processing, 
        disposal, and storage of hazardous waste, 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, or 
        administrative penalty order authorized under section 116.072.  
        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. 47.  Minnesota Statutes 1994, section 473.149, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [POLICY PLAN; GENERAL REQUIREMENTS.] 
        The metropolitan council shall prepare and by resolution adopt 
        as part of its development guide a director of the office of 
        environmental assistance may revise the metropolitan long range 
        policy plan for solid waste management in the metropolitan 
        area.  When adopted, and revised by the metropolitan council 
        prior to the transfer of powers and duties in Laws 1994, chapter 
        639, article 5, section 2.  The plan shall be followed in the 
        metropolitan area.  Until the director revises it, the plan 
        adopted and revised by the council on September 26, 1991, 
        remains in effect.  The plan shall address the state policies 
        and purposes expressed in section 115A.02.  In revising the plan 
        the director shall substantially conform to all policy 
        statements, purposes, goals, standards, maps and plans in 
        development guide sections and plans adopted by the council, 
        provided that no land shall be thereby excluded from 
        consideration as a solid waste facility site except land 
        determined by the agency to be intrinsically unsuitable for such 
        use follow the procedures in subdivision 3.  The plan shall 
        include goals and policies for solid waste management, including 
        recycling consistent with section 115A.551, and household 
        hazardous waste management consistent with section 115A.96, 
        subdivision 6, in the metropolitan area and, to the extent 
        appropriate, statements and information similar to that required 
        under section 473.146, subdivision 1.  
           The plan shall include criteria and standards for solid 
        waste facilities and solid waste facility sites respecting the 
        following matters:  general location; capacity; operation; 
        processing techniques; environmental impact; effect on existing, 
        planned, or proposed collection services and waste facilities; 
        and economic viability.  The plan shall, to the extent 
        practicable and consistent with the achievement of other public 
        policies and purposes, encourage ownership and operation of 
        solid waste facilities by private industry.  For solid waste 
        facilities owned or operated by public agencies or supported 
        primarily by public funds or obligations issued by a public 
        agency, the plan shall include additional criteria and standards 
        to protect comparable private and public facilities already 
        existing in the area from displacement unless the displacement 
        is required in order to achieve the waste management objectives 
        identified in the plan.  In developing revising the plan, the 
        council director shall consider the orderly and economic 
        development, public and private, of the metropolitan area; the 
        preservation and best and most economical use of land and water 
        resources in the metropolitan area; the protection and 
        enhancement of environmental quality; the conservation and reuse 
        of resources and energy; the preservation and promotion of 
        conditions conducive to efficient, competitive, and adaptable 
        systems of waste management; and the orderly resolution of 
        questions concerning changes in systems of waste management.  
        Criteria and standards for solid waste facilities shall be 
        consistent with rules adopted by the pollution control agency 
        pursuant to chapter 116 and shall be at least as stringent as 
        the guidelines, regulations, and standards of the federal 
        Environmental Protection Agency. 
           Sec. 48.  Minnesota Statutes 1994, section 473.149, 
        subdivision 2d, is amended to read: 
           Subd. 2d.  [LAND DISPOSAL ABATEMENT PLAN.] (a) After 
        considering any county land disposal abatement proposals and 
        waste stream analysis that have been submitted under section 
        473.803, subdivision 1b, The council director shall amend 
        its include in the policy plan to include specific and 
        quantifiable metropolitan objectives for abating to the greatest 
        feasible and prudent extent the need for and practice of land 
        disposal of mixed municipal solid waste and of specific 
        components of the solid waste stream, including residuals and 
        ash, either by type of waste or class of generator. 
           (b) The objectives must be stated in annual increments 
        through the year 1990 and thereafter in five-year six-year 
        increments for a period of at least 20 years from the date of 
        adoption of policy plan revisions.  The plan must include a 
        reduced estimate of the capacity, based on the council's 
        abatement objectives, needed for the disposal of various types 
        of waste in each five-year six-year increment and the general 
        area of the region where the capacity should be developed.  
           (c) The plan must include objectives for waste reduction 
        and measurable objectives for local abatement of solid waste 
        through resource recovery, recycling, and source separation 
        programs for each metropolitan county stated in annual 
        increments through the year 1990 and in five-year six-year 
        increments for a period of at least 20 years from the date of 
        adoption of policy plan revisions.  
           (d) The standards must be based upon and implement the 
        council's metropolitan abatement objectives.  The council's plan 
        must include standards and procedures to be used by the council 
        director in determining whether a metropolitan county has 
        implemented the council's metropolitan land disposal abatement 
        plan and has achieved the objectives for local abatement. 
           Sec. 49.  Minnesota Statutes 1994, section 473.149, 
        subdivision 2e, is amended to read: 
           Subd. 2e.  [SOLID WASTE DISPOSAL FACILITIES DEVELOPMENT 
        SCHEDULE CAPACITY NEEDS.] (a) After requesting and considering 
        recommendations from the counties, cities, and towns, 
        the council director as part of its the policy plan shall 
        determine the number of sites and the capacity of sites needed 
        within to serve the metropolitan area for disposal of solid 
        waste disposal facilities. 
           (b) The council shall adopt a schedule of disposal capacity 
        to be developed within the metropolitan area, including 
        residuals and ash, in five-year six-year increments for a period 
        of at least 20 years from adoption of development schedule 
        policy plan revisions.  In making the schedule may not allow 
        capacity in excess of determination, the director must take into 
        account the council's reduced estimate of the disposal capacity 
        needed because of the council's land disposal abatement plan. 
           (c) The council shall make the implementation of elements 
        of the schedule contingent on actions of each county in adopting 
        and implementing abatement plans pursuant to section 473.803, 
        subdivision 1b.  The council may review the development schedule 
        every year and revise the development schedule based on the 
        progress made in the implementation of the council's abatement 
        plans and achievement of metropolitan and local abatement 
        objectives.  The council shall review and revise, by resolution 
        following public hearing, the development schedule based on 
        significant changes in the landfill capacity of the metropolitan 
        area.  The schedule must include procedures and criteria for 
        making revisions.  
           (d) The schedule director's determination must include 
        standards and procedures for council certification of need 
        pursuant to section 473.823.  The schedule must also include a 
        closure schedule and plans for postclosure management and 
        disposition of facilities, including facilities in existence 
        before the adoption of the development schedule.  
           Sec. 50.  Minnesota Statutes 1994, section 473.149, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PREPARATION AND; ADOPTION; AND REVISION.] (a) 
        The solid waste policy plan shall be prepared, adopted, 
        and amended revised as necessary in accordance with paragraphs 
        (c) to (e), after consultation with the metropolitan counties 
        and the pollution control agency.  Any comprehensive plan 
        adopted by the council shall remain in force and effect while 
        new or amended plans are being prepared and adopted by the 
        council.  No 
           (b) Revisions to the policy plan are exempt from the 
        rulemaking provisions of chapter 14. 
           (c) Before beginning preparation of revisions to the policy 
        plan, the director shall publish a predrafting notice in the 
        State Register that includes a statement of the subjects 
        expected to be covered by the revisions, including a summary of 
        the important problems and issues.  The notice must solicit 
        comments from the public and state that the comments must be 
        received by the director within 45 days of publication of the 
        notice.  The director shall consider the comments in preparing 
        the revisions. 
           (d) After publication of the predrafting notice and before 
        adopting revisions to the policy plan, the director shall 
        publish a notice in the State Register that: 
           (1) contains a summary of the proposed revisions; 
           (2) invites public comment; 
           (3) lists locations where the proposed revised policy plan 
        can be reviewed and states that copies of the proposed revised 
        policy plan can also be obtained from the office; 
           (4) states a location for a public meeting on the revisions 
        at a time no earlier than 30 days from the date of publication; 
        and 
           (5) advises the public that they have 30 days from the date 
        of the public meeting in clause (4) to submit comments on the 
        revisions to the director. 
           (e) At the meeting described in paragraph (d), clause (4), 
        the public shall be given an opportunity to present their views 
        on the policy plan revisions.  The director shall incorporate 
        any amendments to the proposed revisions that, in the director's 
        view, will help to carry out the requirements of subdivisions 1, 
        2d, and 2e.  At or before the time that policy plan revisions 
        are finally adopted, the director shall issue a report that 
        addresses issues raised in the public comments.  The report 
        shall be made available to the public and mailed to interested 
        persons who have submitted their names and addresses to the 
        director. 
           (f) The criteria and standards adopted in the policy plan 
        for review of solid waste facility permits pursuant to section 
        473.823, subdivision 3; for issuance of certificates of need 
        pursuant to section 473.823, subdivision 6; and for review of 
        solid waste contracts pursuant to section 473.813 may be 
        appealed to the court of appeals within 30 days after final 
        adoption of the policy plan.  The court may declare the 
        challenged portion of the policy plan invalid if it violates 
        constitutional provisions, is in excess of statutory authority 
        of the director, or was adopted without compliance with the 
        procedures in this subdivision.  The review shall be on the 
        record created during the adoption of the policy plan, except 
        that additional evidence may be included in the record if the 
        court finds that the additional evidence is material and there 
        were good reasons for failure to present it in the proceedings 
        described in paragraphs (c) to (e). 
           (g)  The metropolitan council or a metropolitan county, 
        local government unit, commission, or person shall not acquire, 
        construct, improve or operate any solid waste facility in the 
        metropolitan area except in accordance with the council's plan 
        and section 473.823, provided that no solid waste facility in 
        use when a plan is adopted shall be discontinued solely because 
        it is not located in an area designated in the plan as 
        acceptable for the location of such facilities. 
           Sec. 51.  Minnesota Statutes 1994, section 473.149, 
        subdivision 6, is amended to read: 
           Subd. 6.  [REPORT TO LEGISLATURE.] The council director 
        shall report on abatement to the legislative commission on waste 
        management by July 1 of each odd-numbered 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 be included in 
        the report required by sections 115A.551, subdivision 4; 
        473.846; and 473.848, subdivision 4 section 115A.411.  If in any 
        year the council director reports that the objectives of the 
        council's abatement plan have not been met, the council director 
        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. 52.  Minnesota Statutes 1994, section 473.803, 
        subdivision 1c, is amended to read: 
           Subd. 1c.  [COUNTY ABATEMENT PLAN.] Each county shall 
        revise its master plan to include a land disposal abatement 
        element to implement the council's metropolitan land disposal 
        abatement plan adopted under section 473.149, subdivision 2d, 
        and shall submit the revised master plan to the council director 
        for review under subdivision 2 within nine months after the 
        adoption of the council's metropolitan abatement plan.  The 
        county plan must implement the local abatement objectives for 
        the county and cities within the county as stated in 
        the council's metropolitan abatement plan.  The county abatement 
        plan must include specific and quantifiable county objectives, 
        based on the council's objectives in the metropolitan abatement 
        plan, for abating to the greatest feasible and prudent extent 
        the need for and practice of land disposal of mixed municipal 
        solid waste and of specific components of the solid waste stream 
        generated in the county, stated in annual increments through the 
        date specified in section 473.848 and in two five-year six-year 
        increments thereafter for a period of at least 20 years from the 
        date of metropolitan policy plan revisions.  The plan must 
        include measurable performance standards for local abatement of 
        solid waste through resource recovery and waste reduction and 
        separation programs and activities for the county as a whole and 
        for statutory or home rule charter cities of the first, second, 
        and third class, respectively, in the county, stated in annual 
        increments through the date specified in section 473.848 and in 
        two five-year six-year increments thereafter for a period of at 
        least 20 years from the date of metropolitan policy plan 
        revisions.  The performance standards must implement the 
        metropolitan and county abatement objectives.  The plan must 
        include standards and procedures to be used by the county in 
        determining annually under subdivision 3 whether a city within 
        the county has implemented the plan and has satisfied the 
        performance standards for local abatement.  The master plan 
        revision required by this subdivision must be prepared in 
        consultation with the advisory committee established pursuant to 
        subdivision 4. 
           Sec. 53.  Minnesota Statutes 1994, section 473.803, 
        subdivision 2, is amended to read: 
           Subd. 2.  [COUNCIL DIRECTOR REVIEW.] The council director 
        shall review each master plan or revision thereof to determine 
        whether it is consistent with the council's metropolitan policy 
        plan.  If it is not consistent, the council director shall 
        disapprove and return the plan with its comments to the county 
        for revision and resubmittal.  The county shall have 90 days to 
        revise and resubmit the plan for council the director's 
        approval.  Any county solid waste plan or report approved by the 
        council prior to April 9, 1976 July 1, 1994, shall remain in 
        effect until a new master plan is submitted to and approved by 
        the council director in accordance with this section. 
           The council director shall review the household hazardous 
        waste management portion of each county's plan in cooperation 
        with the agency. 
           Sec. 54.  Minnesota Statutes 1994, section 473.803, 
        subdivision 4, is amended to read: 
           Subd. 4.  [ADVISORY COMMITTEE.] By July 1, 1984, Each 
        county shall establish a solid waste management advisory 
        committee to aid in the preparation of the county master plan, 
        any revisions thereof, and such additional matters as the county 
        deems appropriate.  The committee must consist of citizen 
        representatives, representatives from towns and cities within 
        the county, and representatives from private waste management 
        firms.  The committee must include residents of towns or cities 
        within the county containing solid waste disposal facilities.  
        Members of the council's solid waste advisory 
        committee established under section 473.149, subdivision 4, who 
        reside in the county are ex officio members of the county 
        advisory committee.  A representative of the metropolitan 
        council The director or the director's appointee is an ex 
        officio member of the committee. 
           Sec. 55.  Minnesota Statutes 1994, section 473.811, 
        subdivision 5c, is amended to read: 
           Subd. 5c.  [COUNTY ENFORCEMENT.] Each metropolitan county 
        shall be responsible for insuring that waste facilities, solid 
        waste collection operations licensed or regulated by the county 
        and hazardous waste generation and collection operations are 
        brought into conformance with, or terminated and abandoned in 
        accordance with, applicable county ordinances; rules and 
        requirements of the state; and the policy plan of the council.  
        Counties may provide by ordinance that operators or owners or 
        both of such facilities or operations shall be responsible to 
        the county for satisfactorily performing the procedures 
        required.  If operators or owners or both fail to perform, the 
        county may recover the costs incurred by the county in 
        completing the procedures 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.  The ordinances may be enforced by action in 
        district court or administrative penalty order authorized under 
        section 116.072.  The county may prescribe a criminal penalty 
        for the violation of any ordinance enacted under this section 
        not exceeding the maximum which may be specified for a 
        misdemeanor. 
           Sec. 56.  Minnesota Statutes 1994, 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 $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 
        weight 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 director and the 
        agency, shall prescribe procedures for determining the amount of 
        waste residue qualifying for exemption. 
           Sec. 57.  Minnesota Statutes 1994, section 473.846, is 
        amended to read: 
           473.846 [REPORT TO LEGISLATURE.] 
           The agency and metropolitan council the director 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.  The agency shall report by November 1 of each 
        year on expenditures during its previous fiscal year.  
        The council director shall report on expenditures during the 
        previous calendar year and must incorporate its report in the 
        report required by section 473.149 115A.411, due July 1 of 
        each odd-numbered year.  The council director shall make 
        recommendations to the legislative commission on waste 
        management on the future management and use of the metropolitan 
        landfill abatement account. 
           Sec. 58.  [480.0515] [PAPERS TO BE SUBMITTED ON RECYCLED 
        PAPER.] 
           Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
        subdivision apply to this section. 
           (b) "Attorney" means an attorney at law admitted to 
        practice law in this state.  
           (c) "Document" means a document that is required or 
        permitted to be filed with a court concerning an action that is 
        to be commenced or is pending before the court.  
           Subd. 2.  [REQUIREMENT.] (a) Except as provided in 
        subdivision 3, a document submitted by an attorney to a court of 
        this state, and all papers appended to the document, must be 
        submitted on paper containing not less than ten percent 
        postconsumer material, as defined in section 115A.03, 
        subdivision 24b.  
           (b) A court may not refuse a document solely because the 
        document was not submitted on recycled paper. 
           Subd. 3.  [EXCEPTIONS.] (a) Subdivision 1 does not apply to:
           (1) a photograph; 
           (2) an original document that was prepared or printed 
        before January 1, 1996; 
           (3) a document that was not created at the direction or 
        under the control of the submitting attorney; 
           (4) a facsimile copy otherwise permitted to be filed with 
        the court in lieu of the original document, provided that if the 
        original is also required to be filed, it must be submitted in 
        compliance with this section; or 
           (5) nonrecycled paper and preprinted forms acquired or 
        printed before January 1, 1996. 
           (b) This section does not apply if recycled paper is not 
        readily available. 
           Sec. 59.  Laws 1994, chapter 585, section 51, is amended to 
        read: 
           Sec. 51.  [ELECTRONIC APPLIANCES; REPORT.] 
           By July August 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. 60.  Laws 1994, chapter 628, article 3, section 209, 
        is amended to read: 
           Sec. 209.  [REPEALER.] 
           (a) Minnesota Statutes 1992, sections 115A.03, subdivision 
        20; 115A.33; 174.22, subdivision 4; 473.121, subdivisions 15 and 
        21; 473.122; 473.146, subdivisions 2, 2a, 2b, and 2c; 473.153; 
        473.161; 473.163; 473.181, subdivision 3; 473.325, subdivision 
        5; 473.384, subdivision 9; 473.388, subdivision 6; 473.404, as 
        amended by Laws 1993, chapter 119, section 1; 473.405, 
        subdivisions 2, 6, 7, 8, 11, 13, and 14; 473.417; 473.435; 
        473.436, subdivision 7; 473.445, subdivisions 1 and 3; 473.501, 
        subdivision 2; 473.503; 473.504, subdivisions 1, 2, 3, 7, and 8; 
        473.511, subdivision 5; 473.517, subdivision 8; 473.543, 
        subdivision 5; and 473.553, subdivision 4a, are repealed. 
           (b) Minnesota Statutes 1992, sections 473.121, subdivision 
        14a; 473.141, as amended by Laws 1993, chapter 314, sections 3 
        and 4; 473.373, as amended by Laws 1993, chapter 314, section 5; 
        473.375, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 10, 16, 17, and 
        18; 473.377; 473.38; Minnesota Statutes 1993 Supplement, section 
        473.3996, are repealed. 
           Sec. 61.  [REPORT.] 
           The commissioner of the pollution control agency and the 
        agency board shall each, by February 1, 1996, report to the 
        chairs of the senate governmental operations and veterans 
        committee, and the house of representatives governmental 
        operations committee on the effect of the agency board's 
        activities on the agency's ability to operate in a timely, 
        efficient, and effective manner.  The report must include 
        recommended changes to improve the agency's ability to further 
        the policy in Minnesota Statutes, section 116.01. 
           Sec. 62.  [TEMPORARY EXEMPTION FOR CARPET RECYCLING 
        FACILITIES.] 
           Until August 1, 1996, waste residue from a used carpet 
        recycling facility is exempt from the fee imposed by Minnesota 
        Statutes, section 473.843, if there is at least a 50 percent 
        weight reduction in the solid waste processed at the facility.  
        For the purposes of this section, "used carpet" means carpet 
        that is no longer suitable for its original intended purpose 
        because of wear, damage, or defect. 
           Sec. 63.  [STUDY ON BARRIERS TO INCREASED RECYCLING OF 
        CORRUGATED PAPER PRODUCTS AND USED CARPETING.] 
           By November 1, 1995, the office of environmental assistance 
        shall conduct an analysis and make recommendations to the 
        legislative commission on waste management regarding measures to 
        remove barriers that prevent increased recycling of corrugated 
        paper products and used carpeting.  For purposes of this 
        section, "corrugated paper products" means boxes, containers, 
        liners, sheets, or other products made from corrugated paper.  
        "Used carpeting" means carpeting that is no longer suitable for 
        its original intended purpose because of wear, damage, or defect.
           Sec. 64.  [REENACTMENT.] 
           Notwithstanding Minnesota Statutes, section 645.36, 
        Minnesota Statutes 1992, section 115A.33, as repealed by Laws 
        1994, chapter 628, article 3, section 209, is reenacted. 
           Sec. 65.  [APPLICATION.] 
           Sections 47 to 57 apply in the counties of Anoka, Carver, 
        Dakota, Hennepin, Ramsey, Scott, and Washington.  
           Sec. 66.  [INSTRUCTION TO REVISOR.] 
           The revisor shall recodify Minnesota Statutes, sections 
        115A.47, subdivision 2, paragraphs (b), (d), and (g), and 
        115A.931, paragraph (b), as definitions in Minnesota Statutes, 
        section 115A.03, and recast the language as necessary to conform 
        to the other definitions in that section.  
           Sec. 67.  [REPEALER.] 
           (a) Minnesota Statutes 1994, sections 116.94; 473.149, 
        subdivisions 2, 2a, 2c, and 2f; and 473.803, subdivision 1b, are 
        repealed. 
           (b) Minnesota Statutes 1994, section 473.803, subdivision 
        1e, is repealed.  
           (c) Minnesota Statutes 1994, section 115A.165, is repealed. 
           Sec. 68.  [EFFECTIVE DATE.] 
           Sections 4, 5, 37, 47 to 54, 59, 66, and 67, paragraph (a), 
        are effective on the day following final enactment. 
           Sections 8 and 9 are effective on June 15, 1995.  
           Section 58 is effective January 1, 1996.  
                                   ARTICLE 2
                                   TECHNICAL
           Section 1.  Minnesota Statutes 1994, section 115A.055, is 
        amended to read: 
           115A.055 [OFFICE OF ENVIRONMENTAL ASSISTANCE.] 
           Subdivision 1.  [ORGANIZATION OF OFFICE.] The office of 
        environmental assistance is an agency in the executive branch 
        headed by a director appointed by the commissioner of the 
        pollution control agency, with the advice and consent of the 
        senate, to serve in the unclassified service.  The director may 
        appoint two assistant directors in the unclassified service and 
        may appoint other employees, as needed, in the classified 
        service.  The office is a department of the state only for 
        purposes of section 16B.37, subdivision 2. 
           Subd. 2.  [TRANSFER OF ADDITIONAL POWERS AND DUTIES.] After 
        July 1, 1994, the solid and hazardous waste management powers 
        and duties of the office and director transferred to them from 
        the metropolitan council by Laws 1994, chapter 639, article 5, 
        section 2, are governed by sections 473.149, 473.151, and 
        473.801 to 473.849. 
           Sec. 2.  Minnesota Statutes 1994, section 115A.07, 
        subdivision 3, is amended 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. 3.  Minnesota Statutes 1994, section 115A.072, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [WASTE EDUCATION COALITION.] (a) The 
        director shall provide for the development and implementation of 
        a program of general public education on waste management in 
        cooperation and coordination with the pollution control agency, 
        metropolitan council, department of education, department of 
        agriculture, environmental quality board, environmental 
        education board, educational institutions, other public agencies 
        with responsibility for waste management or public education, 
        and three other persons who represent private industry and who 
        have knowledge of or expertise in recycling and solid waste 
        management issues.  The objectives of the program are to:  
        develop increased public awareness of and interest in 
        environmentally sound waste management methods; encourage better 
        informed decisions on waste management issues by business, 
        industry, local governments, and the public; and disseminate 
        practical information about ways in which households and other 
        institutions and organizations can improve the management of 
        waste. 
           (b) The director shall appoint an advisory task force, to 
        be called the waste education coalition, of up to 18 members to 
        advise the director in carrying out the director's 
        responsibilities under this section and whose membership 
        represents the agencies and entities listed in this 
        subdivision.  The task force expires on June 30, 1997. 
           Sec. 4.  Minnesota Statutes 1994, section 115A.12, is 
        amended to read: 
           115A.12 [ADVISORY COUNCILS.] 
           (a) The director shall establish a solid waste management 
        advisory council, a hazardous waste management planning council, 
        and a market development coordinating council, that are broadly 
        representative of the geographic areas and interests of the 
        state.  
           (b) The solid waste council shall have not less than nine 
        nor more than 21 members.  The membership of the solid waste 
        council shall consist of one-third citizen representatives, 
        one-third representatives from local government units, and 
        one-third representatives from private solid waste management 
        firms.  The solid waste council shall contain at least three 
        members experienced in the private recycling industry and at 
        least one member experienced in each of the following areas:  
        state and municipal finance; solid waste collection, processing, 
        and disposal; and solid waste reduction and resource recovery. 
           (c) The hazardous waste council shall have not less than 
        nine nor more than 18 members.  The membership of the hazardous 
        waste advisory council shall consist of one-third citizen 
        representatives, one-third representatives from local government 
        units, and one-third representatives of hazardous waste 
        generators and private hazardous waste management firms.  
           (d) The market development coordinating council shall have 
        not less than nine nor more than 18 members and shall consist of 
        one representative from the department of trade and economic 
        development, the department of administration, the pollution 
        control agency, Minnesota Technology, Inc., the metropolitan 
        council, and the legislative commission on waste management.  
        The other members shall represent local government units, 
        private recycling markets, and private recycling collectors.  
        The market development coordinating council expires June 30, 
        1997. 
           (e) The chairs of the advisory councils shall be appointed 
        by the director.  The director shall provide administrative and 
        staff services for the advisory councils.  The advisory councils 
        shall have such duties as are assigned by law or the director.  
        The solid waste advisory council shall make recommendations to 
        the office on its solid waste management activities.  The 
        hazardous waste advisory council shall make recommendations to 
        the office on its activities under sections 115A.08, 115A.09, 
        115A.10, 115A.11, 115A.20, 115A.21, and 115A.24.  Members of the 
        advisory councils shall serve without compensation but shall be 
        reimbursed for their reasonable expenses as determined by the 
        director.  The solid waste management advisory council and the 
        hazardous waste management planning council expire June 30, 1997.
           Sec. 5.  Minnesota Statutes 1994, section 115A.14, 
        subdivision 4, is amended to read: 
           Subd. 4.  [POWERS AND DUTIES.] (a) The commission shall 
        oversee the activities of the office, and agency, and 
        metropolitan council relating to solid and hazardous waste 
        management, and direct such changes or additions in the work 
        plan of the office, and agency, and council relating to solid 
        and hazardous waste management as the commission deems fit. 
           (b) The commission shall make recommendations to the 
        standing legislative committees on finance and appropriations 
        for appropriations from the environmental response, 
        compensation, and compliance account in the environmental fund 
        under section 115B.20, subdivision 5. 
           (c) The commission may conduct public hearings and 
        otherwise secure data and expressions of opinion.  The 
        commission shall make such recommendations as it deems proper to 
        assist the legislature in formulating legislation.  Any data or 
        information compiled by the commission shall be made available 
        to any standing or interim committee of the legislature upon 
        request of the chair of the respective committee.  
           Sec. 6.  Minnesota Statutes 1994, 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 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 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. 7.  Minnesota Statutes 1994, section 115A.191, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [OFFICE TO SEEK CONTRACTS.] The office of 
        waste management and any eligible county board may enter a 
        contract as provided in this section expressing their voluntary 
        and mutually satisfactory agreement concerning the location and 
        development of a stabilization and containment facility.  The 
        director shall negotiate contracts with eligible counties and 
        shall present drafts of the negotiated contracts to the office 
        for its approval.  The director shall actively solicit, 
        encourage, and assist counties, together with developers, 
        landowners, the local business community, and other interested 
        parties, in developing resolutions of interest.  The county 
        shall provide affected political subdivisions and other 
        interested persons with an opportunity to suggest contract terms.
           Sec. 8.  Minnesota Statutes 1994, section 115A.191, 
        subdivision 2, is amended to read: 
           Subd. 2.  [RESOLUTION OF INTEREST IN NEGOTIATING; 
        ELIGIBILITY.] A county is eligible to negotiate a contract under 
        this section if the county board files with the office of waste 
        management and the office accepts a resolution adopted by the 
        county board that expresses the county board's interest in 
        negotiations and its willingness to accept the preliminary 
        evaluation of one or more study areas in the county for 
        consideration as a location of a stabilization and containment 
        facility.  The county board resolution expressing interest in 
        negotiations must provide for county cooperation with the 
        office, as necessary to facilitate the evaluation of study areas 
        in the county, and for the appointment of a member of the county 
        board or an officer or employee of the county as official 
        liaison with the office with respect to the matters provided in 
        the resolution and future negotiations with the office.  A 
        county board by resolution may withdraw a resolution of 
        interest, and the office of waste management may withdraw its 
        acceptance of such a resolution, at any time before the parties 
        execute a contract under this section.  A county that is 
        eligible to negotiate a contract shall receive the benefits as 
        provided in section 477A.012. 
           Sec. 9.  Minnesota Statutes 1994, section 115A.32, is 
        amended to read: 
           115A.32 [RULES.] 
           The 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. 10.  Minnesota Statutes 1994, section 115A.42, is 
        amended to read: 
           115A.42 [ESTABLISHMENT AND ADMINISTRATION.] 
           There is established a program to encourage and improve 
        regional and local solid waste management planning activities 
        and efforts and to further the state policies and purposes 
        expressed in section 115A.02.  The program under sections 
        115A.42 to 115A.46 is administered by the office director 
        pursuant to rules promulgated under chapter 14, except in the 
        metropolitan area where the program is administered by 
        the metropolitan council pursuant to chapter 473 director 
        pursuant to section 473.149.  The office and the metropolitan 
        council director shall ensure conformance with federal 
        requirements and programs established pursuant to the Resource 
        Conservation and Recovery Act of 1976 and amendments thereto. 
           Sec. 11.  Minnesota Statutes 1994, section 115A.45, is 
        amended to read: 
           115A.45 [TECHNICAL ASSISTANCE.] 
           The director and metropolitan council shall provide for 
        technical assistance to encourage and improve solid waste 
        management and to assist political subdivisions in preparing the 
        plans described in section 115A.46.  The director and 
        metropolitan council shall provide model plans for regional and 
        local solid waste management.  The director and metropolitan 
        council may contract for the delivery of technical assistance by 
        a regional development commission, any state or federal agency, 
        private consultants, or other persons.  The director shall 
        prepare and publish an inventory of sources of technical 
        assistance for solid waste planning, including studies, 
        publications, agencies, and persons available. 
           Sec. 12.  Minnesota Statutes 1994, section 115A.46, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL.] (a) Plans shall address the 
        state policies and purposes expressed in section 115A.02 and may 
        not be inconsistent with state law.  
           (b) Plans for the location, establishment, operation, 
        maintenance, and postclosure use of facilities and facility 
        sites, for ordinances, and for licensing, permit, and 
        enforcement activities shall be consistent with the rules 
        adopted by the agency pursuant to chapter 116. 
           (c) Plans shall address:  
           (1) the resolution of conflicting, duplicative, or 
        overlapping local management efforts; 
           (2) the establishment of joint powers management programs 
        or waste management districts where appropriate; and 
           (3) other matters as the rules of the office may require 
        consistent with the purposes of sections 115A.42 to 115A.46.  
           (d) Political subdivisions preparing plans under sections 
        115A.42 to 115A.46 shall consult with persons presently 
        providing solid waste collection, processing, and disposal 
        services.  
           (e) Plans must be submitted to the director, or the 
        metropolitan council pursuant to section 473.803, for approval.  
        When a county board is ready to have a final plan approved, the 
        county board shall submit a resolution requesting review and 
        approval by the director or the metropolitan council.  After 
        receiving the resolution, the director or the metropolitan 
        council shall notify the county within 45 days whether the plan 
        as submitted is complete and, if not complete, the specific 
        items that need to be submitted to make the plan complete.  
        Within 90 days after a complete plan has been submitted, the 
        director or the metropolitan council shall approve or disapprove 
        the plan.  If the plan is disapproved, reasons for the 
        disapproval must be provided.  
           (f) After initial approval, each plan must be updated and 
        submitted for approval every five years.  The plan must be 
        revised as necessary so that it is not inconsistent with state 
        law. 
           Sec. 13.  Minnesota Statutes 1994, 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 
        director and the chair of the metropolitan council, in 
        consultation with the commissioner, shall each conduct an annual 
        solid waste composition study studies 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.
           The chair of the council shall submit the results from the 
        metropolitan area to the director by May 1 of each year.  The 
        director shall average the nonmetropolitan and metropolitan 
        results and submit the statewide percentage, along with a 
        statistically reliable margin of error, 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. 14.  Minnesota Statutes 1994, section 115A.5501, 
        subdivision 3, is amended to read: 
           Subd. 3.  [FACILITY COOPERATION AND REPORTS.] The owner or 
        operator of a facility shall allow access upon reasonable notice 
        to authorized office, or 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. 15.  Minnesota Statutes 1994, 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 director or the metropolitan council finds 
        that a county will be unable to meet the recycling goals 
        established in subdivisions 2 and 2a, the director or council 
        shall, after consideration of the reasons for the county's 
        inability to meet the goals, recommend legislation for 
        consideration by the legislative commission on waste management 
        to establish mandatory recycling standards and to authorize the 
        director or council to mandate appropriate solid waste 
        management techniques designed to meet the standards in those 
        counties that are unable to meet the goals. 
           Sec. 16.  Minnesota Statutes 1994, section 115A.558, is 
        amended to read: 
           115A.558 [SAFETY GUIDE.] 
           The pollution control agency, in cooperation with the 
        office of waste management and the metropolitan council, shall 
        prepare and distribute to all interested persons a guide for 
        operation of a recycling or yard waste composting facility to 
        protect the environment and public health. 
           Sec. 17.  Minnesota Statutes 1994, 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 under chapter 458D.  No waste 
        district shall be established wholly within one county.  The 
        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 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. 18.  Minnesota Statutes 1994, section 115A.84, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PLAN APPROVAL.] (a) A district or county 
        planning a designation for waste generated wholly within the 
        metropolitan area defined in section 473.121 shall submit its 
        designation plan to the metropolitan council for review and 
        approval or disapproval.  Other districts or counties shall 
        submit the designation plan to the director for review and 
        approval or disapproval.  
           (b) The reviewing authority director shall complete its the 
        review and make its a decision within 120 days following 
        submission of the plan for review.  The reviewing authority 
        director shall approve the designation plan if the plan 
        satisfies the requirements of subdivision 2 and, in the case of 
        designation to disposal facilities, if the reviewing authority 
        director finds that the plan has demonstrated that the 
        designation is necessary and is consistent with section 
        115A.02.  The reviewing authority director may attach conditions 
        to its the approval that relate to matters required in a 
        designation ordinance under section 115A.86, subdivision 1, 
        paragraph (a), clauses (1) to (4), and paragraph (b).  
        Amendments to plans must be submitted for review in accordance 
        with this subdivision.  
           Sec. 19.  Minnesota Statutes 1994, section 115A.86, 
        subdivision 2, is amended to read: 
           Subd. 2.  [APPROVAL.] A district or county whose 
        designation applies wholly within the metropolitan area defined 
        in section 473.121 shall submit the designation ordinance, 
        together with any negotiated contracts assuring the delivery of 
        solid waste, to the metropolitan council for review and approval 
        or disapproval.  Other districts or counties shall submit the 
        designation ordinance, together with any negotiated contracts 
        assuring the delivery of solid waste, to the director for review 
        and approval or disapproval.  The director shall complete the 
        review and make a decision within 90 days following submission 
        of the designation for review.  The director shall approve the 
        designation if the director determines that the designation 
        procedure specified in section 115A.85 was followed and that the 
        designation is based on a plan approved under section 115A.84.  
        The director may attach conditions to the approval.  
           Sec. 20.  Minnesota Statutes 1994, section 115A.951, 
        subdivision 4, is amended to read: 
           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. 21.  Minnesota Statutes 1994, section 115A.97, 
        subdivision 5, is amended to read: 
           Subd. 5.  [PLANS; REPORT.] A county solid waste plan, or 
        revision of a plan, that includes incineration of mixed 
        municipal solid waste must clearly state how the county plans to 
        meet the goals in subdivision 1 of reducing the toxicity and 
        quantity of incinerator ash and of reducing the quantity of 
        processing residuals that require disposal.  The director, in 
        cooperation with the agency, and the counties, and the 
        metropolitan council, may develop guidelines for counties to use 
        to identify ways to meet the goals in subdivision 1. 
           The director, in cooperation with the agency, the counties, 
        and the metropolitan council, shall develop and propose 
        statewide goals and timetables for the reduction of the 
        noncombustible fraction of mixed municipal solid waste prior to 
        incineration or processing into refuse-derived fuel and for the 
        reduction of the toxicity of the incinerator ash.  By January 1, 
        1990, the director shall report to the legislative commission on 
        waste management on the proposal goals and timetables with 
        recommendations for their implementation. 
           Sec. 22.  Minnesota Statutes 1994, section 115A.97, 
        subdivision 6, is amended to read: 
           Subd. 6.  [PERMITS; AGENCY REPORT.] An application for a 
        permit to build or operate a mixed municipal solid waste 
        incinerator, including an application for permit renewal, must 
        clearly state how the applicant will achieve the goals in 
        subdivision 1 of reducing the toxicity and quantity of 
        incinerator ash and of reducing the quantity of processing 
        residuals that require disposal.  The agency, in cooperation 
        with the director, and the counties, and the metropolitan 
        council, may develop guidelines for applicants to use to 
        identify ways to meet the goals in subdivision 1. 
           If, by January 1, 1990, the rules required by subdivision 3 
        are not in at least final draft form, the agency shall report to 
        the legislative commission on waste management on the status of 
        current incinerator ash management programs with recommendations 
        for specific legislation to meet the goals of subdivision 1. 
           Sec. 23.  Minnesota Statutes 1994, 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. 24.  Minnesota Statutes 1994, section 473.149, 
        subdivision 4, is amended to read: 
           Subd. 4.  [ADVISORY COMMITTEE.] The council director shall 
        establish an advisory committee to aid in the preparation of the 
        policy plan, the performance of the council's director's 
        responsibilities under subdivisions 2 to 2d and 2e, the review 
        of county master plans and reports and applications for permits 
        for waste facilities, under sections 473.151, and 473.801 to 
        473.823, and 473.831, and other duties determined by the council 
        director.  The committee shall consist of one-third citizen 
        representatives, one-third representatives from metropolitan 
        counties and municipalities, and one-third representatives from 
        private waste management firms.  A representative from the 
        pollution control agency, one from the office of waste 
        management established under section 115A.055, and one from the 
        Minnesota health department shall serve as ex officio members of 
        the committee. 
           Sec. 25.  Minnesota Statutes 1994, section 473.151, is 
        amended to read: 
           473.151 [DISCLOSURE.] 
           For the purpose of the rules, plans, and reports required 
        or authorized by sections 473.149, 473.516, 473.801 to 473.823 
        and this section, each generator of hazardous waste and each 
        owner or operator of a collection service or waste facility 
        annually shall make the following information available to the 
        agency, council, office of environmental assistance, and 
        metropolitan counties:  a schedule of rates and charges in 
        effect or proposed for a collection service or the processing of 
        waste delivered to a waste facility and a description, in 
        aggregate amounts indicating the general character of the solid 
        and hazardous waste collection and processing system, of the 
        types and the quantity, by types, of waste generated, collected, 
        or processed.  The county, council, office, and agency shall act 
        in accordance with the provisions of section 116.075, 
        subdivision 2, with respect to information for which 
        confidentiality is claimed. 
           Sec. 26.  Minnesota Statutes 1994, section 473.516, 
        subdivision 2, is amended to read: 
           Subd. 2.  [GENERAL REQUIREMENTS.] With respect to its 
        activities under this section, the council shall be subject to 
        and comply with the applicable provisions of this chapter.  
        Property acquired by the council under this section shall be 
        subject to the provisions of section 473.545.  Any site or 
        facility owned or operated for or by the council shall conform 
        to the policy plan adopted by the council under section 
        473.149.  The council shall contract with private persons for 
        the construction, maintenance, and operation of waste 
        facilities, subject to the bidding requirements of section 
        473.523, where the facilities are adequate and available for use 
        and competitive with other means of providing the same service. 
           Sec. 27.  Minnesota Statutes 1994, section 473.801, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [TERMS.] For the purposes of sections 
        473.801 to 473.845 and Laws 1985, chapter 274, section 
        45 473.849, the terms defined in this section have the meanings 
        given them. 
           Sec. 28.  Minnesota Statutes 1994, section 473.801, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [DIRECTOR.] "Director" means the director of the 
        office of environmental assistance. 
           Sec. 29.  Minnesota Statutes 1994, section 473.801, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [OFFICE.] "Office" means the office of 
        environmental assistance. 
           Sec. 30.  Minnesota Statutes 1994, section 473.8011, is 
        amended to read: 
           473.8011 [METROPOLITAN AGENCY RECYCLING GOAL.] 
           By December 31, 1993, the metropolitan council, each 
        metropolitan agency as defined in section 473.121, and the 
        metropolitan mosquito control district established in section 
        473.702 shall recycle at least 40 percent by weight of the solid 
        waste generated by their offices or other operations.  The 
        council director shall provide information and technical 
        assistance to the council, agencies, and the district to 
        implement effective recycling programs. 
           By August 1 of each year, the council, each agency, and the 
        district shall submit to the office of waste management a report 
        for the previous fiscal year describing recycling rates, 
        specified by the county in which the council, agency, or 
        operation is located, and progress toward meeting the recycling 
        goal.  The office shall incorporate the recycling rates reported 
        in the respective county's recycling rates for the previous 
        fiscal year. 
           If the goal is not met, the council, agency, or district 
        must include in its 1994 report reasons for not meeting the goal 
        and a plan for meeting it in the future. 
           Sec. 31.  Minnesota Statutes 1994, section 473.803, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [COUNTY MASTER PLANS; GENERAL 
        REQUIREMENTS.] Each metropolitan county, following adoption or 
        revision of the council's solid waste metropolitan policy plan 
        and in accordance with the dates specified therein, and after 
        consultation with all affected local government units, shall 
        prepare and submit to the council for its the director for 
        approval, a county solid waste master plan to implement the 
        policy plan.  The master plan shall be revised and resubmitted 
        at such times as the council's metropolitan policy plan may 
        require.  The master plan shall describe county solid waste 
        activities, functions, and facilities; the existing system of 
        solid waste generation, collection, and processing, and disposal 
        within the county; proposed mechanisms for complying with the 
        recycling requirements of section 115A.551, and the household 
        hazardous waste management requirements of section 115A.96, 
        subdivision 6; existing and proposed county and municipal 
        ordinances and license and permit requirements relating to solid 
        waste facilities and solid waste generation, collection, and 
        processing, and disposal; existing or proposed municipal, 
        county, or private solid waste facilities and collection 
        services within the county together with schedules of existing 
        rates and charges to users and statements as to the extent to 
        which such facilities and services will or may be used to 
        implement the policy plan; and any solid waste facility which 
        the county owns or plans to acquire, construct, or improve 
        together with statements as to the planned method, estimated 
        cost and time of acquisition, proposed procedures for operation 
        and maintenance of each facility; an estimate of the annual cost 
        of operation and maintenance of each facility; an estimate of 
        the annual gross revenues which will be received from the 
        operation of each facility; and a proposal for the use of each 
        facility after it is no longer needed or usable as a waste 
        facility.  The master plan shall, to the extent practicable and 
        consistent with the achievement of other public policies and 
        purposes, encourage ownership and operation of solid waste 
        facilities by private industry.  For solid waste facilities 
        owned or operated by public agencies or supported primarily by 
        public funds or obligations issued by a public agency, the 
        master plan shall contain criteria and standards to protect 
        comparable private and public facilities already existing in the 
        area from displacement unless the displacement is required in 
        order to achieve the waste management objectives identified in 
        the plan. 
           Sec. 32.  Minnesota Statutes 1994, section 473.803, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [WASTE ABATEMENT.] The council director may 
        require any county that fails to meet the waste abatement 
        objectives contained in the council's metropolitan policy plan 
        to amend its master plan to address methods to achieve the 
        objectives.  The master plan amendment is subject to council 
        review and approval as provided in subdivision 2 and must 
        consider at least: 
           (1) minimum recycling service levels for solid waste 
        generators; 
           (2) mandatory generator participation in recycling programs 
        including separation of recyclable material from mixed municipal 
        solid waste; 
           (3) use of organized solid waste collection under section 
        115A.94; and 
           (4) waste abatement participation incentives including 
        provision of storage bins, weekly collection of recyclable 
        material, expansion of the types of recyclable material for 
        collection, collection of recyclable material on the same day as 
        collection of solid waste, and financial incentives such as 
        basing charges to generators for waste collection services on 
        the volume of waste generated and discounting collection charges 
        for generators who separate recyclable material for collection 
        separate from their solid waste. 
           Sec. 33.  Minnesota Statutes 1994, section 473.803, 
        subdivision 3, is amended to read: 
           Subd. 3.  [ANNUAL REPORT.] By April 1 of each year, each 
        metropolitan county shall prepare and submit to the council 
        director for its approval a report containing information, as 
        the council may prescribe prescribed in its the metropolitan 
        policy plan, concerning solid waste generation and management 
        within the county.  The report shall include a statement of 
        progress in achieving the land disposal abatement objectives for 
        the county and classes of cities in the county as stated in 
        the council's metropolitan policy plan and county master plan.  
        The report must list cities that have not satisfied the county 
        performance standards for local abatement required by 
        subdivision 1c.  The report must include a schedule of rates and 
        charges in effect or proposed for the use of any solid waste 
        facility owned or operated by or on its behalf, together with a 
        statement of the basis for such charges. 
           The report shall contain the recycling development grant 
        report required by section 473.8441 and the annual certification 
        report required by section 473.848. 
           Sec. 34.  Minnesota Statutes 1994, section 473.803, 
        subdivision 5, is amended 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 in the council and 
        the county as expressed in the metropolitan solid waste 
        management policy 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. 35.  Minnesota Statutes 1994, section 473.804, is 
        amended to read: 
           473.804 [HOUSEHOLD HAZARDOUS WASTE MANAGEMENT.] 
           By June 30, 1992, each metropolitan county shall develop 
        and implement a permanent program to manage household hazardous 
        waste.  Each program must include at least quarterly collection 
        of wastes.  Each program must be consistent with the council's 
        metropolitan policy plan and must be described as part of each 
        county's solid waste master plan revision as required under 
        section 473.803, subdivision 1.  
           Sec. 36.  Minnesota Statutes 1994, section 473.811, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [COUNTY ACQUISITION OF FACILITIES.] To 
        accomplish the purpose specified in section 473.803, each 
        metropolitan county may acquire by purchase, lease, gift or 
        condemnation as provided by law, upon such terms and conditions 
        as it shall determine, including contracts for deed and 
        conditional sales contracts, solid waste facilities or 
        properties or easements for solid waste facilities which are in 
        accordance with rules adopted by the agency, the policy plan 
        adopted by the council and the approved county master plan as 
        approved by the council, and may improve or construct 
        improvements on any property or facility so acquired.  No 
        metropolitan city, county or town shall own or operate a 
        hazardous waste facility, except a facility to manage household 
        hazardous waste.  Each metropolitan county is authorized to levy 
        a tax in anticipation of need for expenditure for the 
        acquisition and betterment of solid waste facilities.  If a tax 
        is levied in anticipation of need, the purpose must be specified 
        in a resolution of the county directing that the levy and the 
        proceeds of the tax may be used only for that purpose.  Until so 
        used, the proceeds shall be retained in a separate fund or 
        invested in the same manner as surplus in a sinking fund may be 
        invested under section 475.66.  The right of condemnation shall 
        be exercised in accordance with chapter 117.  
           For the purposes of this section "solid waste facility" 
        includes a facility to manage household hazardous waste. 
           Sec. 37.  Minnesota Statutes 1994, section 473.811, 
        subdivision 4a, is amended to read: 
           Subd. 4a.  [ORDINANCES; GENERAL CONDITIONS; RESTRICTIONS; 
        APPLICATION.] Ordinances of counties and local government units 
        related to or affecting waste management shall embody plans, 
        policies, rules, standards and requirements adopted by any state 
        agency authorized to manage or plan for or regulate the 
        management of waste and the waste management plans adopted by 
        the council under section 473.149 and shall be consistent with 
        approved county master plans approved by the council.  Except as 
        provided in this subdivision, a county may establish and operate 
        or contract for the establishment or operation of a solid waste 
        disposal facility without complying with local ordinances if the 
        council director certifies need under section 473.823, 
        subdivision 6.  With the approval of the council director, local 
        government units may impose and enforce reasonable conditions 
        respecting the construction, operation, inspection, monitoring, 
        and maintenance of the disposal facilities.  No local government 
        unit shall prevent the establishment or operation of any solid 
        waste facility in accordance with the council's director's 
        decision under section 473.823, subdivision 5, except that, with 
        the approval of the council director, the local government unit 
        may impose reasonable conditions respecting the construction, 
        inspection, monitoring, and maintenance of a facility. 
           Sec. 38.  Minnesota Statutes 1994, 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 director of an 
        ordinance adopted under this subdivision.  The council director 
        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 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 
        director for ordinances regulating collection.  
           Sec. 39.  Minnesota Statutes 1994, section 473.811, 
        subdivision 7, is amended to read: 
           Subd. 7.  [JOINT ACTION.] Any local governmental unit or 
        metropolitan agency may act together with any county, city, or 
        town within or without the metropolitan area, or with the 
        pollution control agency or the office of waste management under 
        the provisions of section 471.59 or any other appropriate law 
        providing for joint or cooperative action between government 
        units, to accomplish any purpose specified in sections 473.149, 
        473.151, 473.801 to 473.823, 473.834, 116.05 and 115A.06. 
           Any agreement regarding data processing services relating 
        to the generation, management, identification, labeling, 
        classification, storage, collection, treatment, transportation, 
        processing or disposal of waste and entered into pursuant to 
        section 471.59, or other law authorizing joint or cooperative 
        action may provide that any party to the agreement may agree to 
        defend, indemnify and hold harmless any other party to the 
        agreement providing the services, including its employees, 
        officers or volunteers, against any judgments, expenses, 
        reasonable attorney's fees and amounts paid in settlement 
        actually and reasonably incurred in connection with any third 
        party claim or demand arising out of an alleged act or omission 
        by a party to the agreement, its employees, officers or 
        volunteers occurring in connection with any exchange, retention, 
        storage or processing of data, information or records required 
        by the agreement.  Any liability incurred by a party to an 
        agreement under this subdivision shall be subject to the 
        limitations set forth in section 3.736 or 466.04. 
           Sec. 40.  Minnesota Statutes 1994, section 473.811, 
        subdivision 8, is amended to read: 
           Subd. 8.  [COUNTY SALE OR LEASE.] Each metropolitan county 
        may sell or lease any facilities or property or property rights 
        previously used or acquired to accomplish the purposes specified 
        by sections 473.149, 473.151, 473.801 to 473.823, and 473.834.  
        Such property may be sold in the manner provided by section 
        469.065, or may be sold in the manner and on the terms and 
        conditions determined by the county board.  Each metropolitan 
        county may convey to or permit the use of any such property by a 
        local government unit, with or without compensation, without 
        submitting the matter to the voters of the county.  No real 
        property or property rights acquired pursuant to this section, 
        may be disposed of in any manner unless and until the county 
        shall have submitted to the agency and the metropolitan 
        council director for review and comment the terms on and the use 
        for which the property will be disposed of.  The agency and 
        the council director shall review and comment on the proposed 
        disposition within 60 days after each has received the data 
        relating thereto from the county. 
           Sec. 41.  Minnesota Statutes 1994, section 473.813, 
        subdivision 2, is amended to read: 
           Subd. 2.  Before a city, county, or town enters into any 
        contract pursuant to subdivision 1 for a period of more than 
        five years, the city, county, or town shall submit the proposed 
        contract and a description of the proposed activities under the 
        contract to the council director for review and approval.  The 
        council director shall approve the proposed contract if it the 
        director determines that the contract is consistent with 
        the council's metropolitan policy plan, permits issued under 
        section 473.823, and county reports or approved master plans 
        approved by the council.  The council director may 
        consolidate its the review of contracts submitted under this 
        section with its the review of related permit applications 
        submitted under section 473.823 and for this purpose may delay 
        the review required by this section. 
           Sec. 42.  Minnesota Statutes 1994, section 473.823, 
        subdivision 3, is amended to read: 
           Subd. 3.  [SOLID WASTE FACILITIES; REVIEW PROCEDURES.] (a) 
        The agency shall request applicants for solid waste facility 
        permits to submit all information deemed relevant by the council 
        to its director for review, including without limitation 
        information relating to the geographic areas and population 
        served, the need, the effect on existing facilities and 
        services, the effectiveness of proposed buffer areas to ensure, 
        at a minimum, protection of surrounding land uses from adverse 
        or incompatible impacts due to landfill operation and related 
        activities, the anticipated public cost and benefit, the 
        anticipated rates and charges, the manner of financing, the 
        effect on metropolitan plans and development programs, the 
        supply of waste, anticipated markets for any product, and 
        alternative means of disposal or energy production.  
           (b) A permit may not be issued for the operation of a solid 
        waste facility in the metropolitan area which is not in 
        accordance with the metropolitan council's solid waste policy 
        plan.  The metropolitan council director shall determine whether 
        a permit is in accordance with the policy plan.  In making its 
        this determination, the council director shall consider the 
        areawide need and benefit of the applicant facility and the 
        effectiveness of proposed buffer areas to adequately protect 
        surrounding land uses in accordance with its the policy plan, 
        and may consider, without limitation, the effect of the 
        applicant facility on existing and planned solid waste 
        facilities.  
           (c) If the council director determines that a permit is in 
        accordance with its the policy plan, the council director shall 
        approve the permit.  If the council director determines that a 
        permit is not in accordance with its the policy plan, it the 
        director shall disapprove the permit.  The council's Approval of 
        permits may be subject to conditions the director determines are 
        necessary to satisfy criteria and standards in its the policy 
        plan, including conditions respecting the type, character, and 
        quantities of waste to be processed at a solid waste facility 
        used primarily for resource recovery and the geographic 
        territory from which a resource recovery facility or transfer 
        station serving such a facility may draw its waste.  
           (d) For the purpose of this review and approval by the 
        council, the agency shall send a copy of each permit application 
        and any supporting information furnished by the applicant to the 
        metropolitan council director within 15 days after receipt of 
        the application and all other information requested from the 
        applicant.  Within 60 days after the application and supporting 
        information are received by the council director, unless a time 
        extension is authorized by the agency, the council director 
        shall issue to the agency in writing its a determination whether 
        the permit is disapproved, approved, or approved with 
        conditions.  If the council director does not issue its a 
        determination to the agency within the 60-day period, unless a 
        time extension is authorized by the agency, the permit shall be 
        deemed to be in accordance with the council's policy plan.  
           (e) A permit may not be issued in the metropolitan area for 
        a solid waste facility used primarily for resource recovery or a 
        transfer station serving the facility, if the facility or 
        station is owned or operated by a public agency or if the 
        acquisition or betterment of the facility or station is secured 
        by public funds or obligations issued by a public agency, unless 
        the council director finds and determines that adequate markets 
        exist for the products recovered and that establishment of the 
        facility is consistent with the criteria and standards in the 
        metropolitan and county plans respecting the protection of 
        existing resource recovery facilities and transfer stations 
        serving such facilities. 
           Sec. 43.  Minnesota Statutes 1994, section 473.823, 
        subdivision 5, is amended to read: 
           Subd. 5.  [REVIEW OF WASTE PROCESSING FACILITIES.] (a) A 
        metropolitan county may establish a waste processing facility 
        within the county without complying with local ordinances, if 
        the action is approved by the council director in accordance 
        with the review process established by this subdivision.  A 
        county requesting review by the council shall show that: 
           (1) the required permits for the proposed facility have 
        been or will be issued by the agency; 
           (2) the facility is consistent with the council's 
        metropolitan policy plan and the approved county master plan; 
        and 
           (3) a local government unit has refused to approve the 
        establishment or operation of the facility, has failed to deny 
        or approve establishment or operation of the facility within the 
        time period required in section 115A.31, or has approved the 
        application or request with conditions that are unreasonable or 
        impossible for the county to meet. 
           (b) The council director shall meet to commence the review 
        within 90 days of the submission of a request determined by 
        the council director to satisfy the requirements for review 
        under this subdivision.  At the meeting Upon commencing the 
        review the chair director shall recommend and the council 
        establish a scope and procedure, including criteria, for its the 
        review and final decision on the proposed facility.  The 
        procedure shall require the council director to make a final 
        decision on the proposed facility within 120 days following the 
        commencement of review.  For facilities other than waste 
        incineration and mixed municipal solid waste composting 
        facilities, the council director shall meet to commence the 
        review within 45 days of submission of the request and shall 
        make a final decision within 75 days following commencement of 
        review. 
           (c) The council director shall conduct at least one public 
        hearing in the city or town within which the proposed facility 
        would be located.  Notice of the hearing shall be published in a 
        newspaper or newspapers of general circulation in the area for 
        two successive weeks ending at least 15 days before the date of 
        the hearing.  The notice shall describe the proposed facility, 
        its location, the proposed permits, and the council's scope, 
        procedure, and criteria for review.  The notice shall identify a 
        location or locations within the local government unit and 
        county where the permit applications and the council's scope, 
        procedure, and criteria for review are available for review and 
        where copies may be obtained. 
           (d) In its the review and final decision on the proposed 
        facility, the council director shall consider at least the 
        following matters:  
           (1) the risk and effect of the proposed facility on local 
        residents, units of government, and the local public health, 
        safety, and welfare, and the degree to which the risk or effect 
        may be alleviated; 
           (2) the consistency of the proposed facility with, and its 
        effect on, existing and planned local land use and development; 
        local laws, ordinances, and permits; and local public facilities 
        and services; 
           (3) the adverse effects of the facility on agriculture and 
        natural resources and opportunities to mitigate or eliminate 
        such adverse effects by additional stipulations, conditions, and 
        requirements respecting the design and operation of the proposed 
        facility at the proposed site; 
           (4) the need for the proposed facility and the availability 
        of alternative sites; 
           (5) the consistency of the proposed facility with the 
        county master plan adopted pursuant to section 473.803 and the 
        council's policy plan adopted pursuant to section 473.149; and 
           (6) transportation facilities and distance to points of 
        waste generation.  
           (e) In its final decision in the review, The council 
        director may either approve or disapprove the proposed facility 
        at the proposed site.  The council's approval shall embody all 
        terms, conditions, and requirements of the permitting state 
        agencies, provided that the council director may require more 
        stringent permit terms, conditions, and requirements respecting 
        the design, construction, operation, inspection, monitoring, and 
        maintenance of the proposed facility at the proposed site.  
           Sec. 44.  Minnesota Statutes 1994, section 473.823, 
        subdivision 6, is amended to read: 
           Subd. 6.  [COUNCIL; CERTIFICATION OF NEED.] No new mixed 
        municipal solid waste disposal facility or capacity shall be 
        permitted in the metropolitan area without a certificate of need 
        issued by the council director indicating the council's a 
        determination that the additional disposal capacity planned for 
        the facility is needed in the metropolitan area.  The council 
        director shall amend its the policy plan, adopted pursuant to 
        section 473.149, to include standards and procedures for 
        certifying need that conform to the certification standards 
        stated in this subdivision.  The standards and procedures shall 
        be based on the council's metropolitan disposal abatement plan 
        adopted pursuant to section 473.149, subdivision 2d, 
        the council's solid waste disposal facilities development 
        schedule adopted under section 473.149, subdivision 2e, and the 
        provisions of any master plans of counties that have been 
        approved by the council under section 473.803, subdivision 2, 
        and that are consistent with the council's abatement plan and 
        development schedule.  The council director shall certify need 
        only to the extent that there are no feasible and prudent 
        alternatives to the disposal facility, including waste 
        reduction, source separation and resource recovery which would 
        minimize adverse impact upon natural resources.  Alternatives 
        that are speculative or conjectural shall not be deemed to be 
        feasible and prudent.  Economic considerations alone shall not 
        justify the certification of need or the rejection of 
        alternatives.  
           Sec. 45.  Minnesota Statutes 1994, 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; 
           (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 director shall allocate at least 50 percent 
        of the annual revenue received by the account for grants to 
        counties under section 473.8441. 
           Sec. 46.  Minnesota Statutes 1994, 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 director.  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 director 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 director shall require, where practical, 
        cooperative purchase between cities, counties, and districts of 
        capital equipment. 
           Sec. 47.  Minnesota Statutes 1994, section 473.8441, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PROGRAM.] The council director shall encourage 
        the development of permanent local recycling programs throughout 
        the metropolitan area.  By January 1, 1988, the council shall 
        develop performance indicators for local recycling that will 
        measure the availability and use of recycling throughout the 
        metropolitan area.  The council director shall make grants to 
        qualifying metropolitan counties as provided in this section. 
           Sec. 48.  Minnesota Statutes 1994, section 473.8441, 
        subdivision 4, is amended to read: 
           Subd. 4.  [GRANT CONDITIONS.] The council director shall 
        administer grants so that the following conditions are met: 
           (a) A county must apply for a grant in the manner 
        determined by the council director.  The application must 
        describe the activities for which the grant will be used. 
           (b) The activities funded must be consistent with the 
        council's metropolitan policy plan and the county master plan. 
           (c) A grant must be matched by equal county expenditures 
        for the activities for which the grant is made. 
           (d) All grant funds must be used for new activities or to 
        enhance or increase the effectiveness of existing activities in 
        the county. 
           (e) Counties shall provide support to maintain effective 
        municipal recycling where it is already established. 
           Sec. 49.  Minnesota Statutes 1994, section 473.8441, 
        subdivision 5, is amended to read: 
           Subd. 5.  [GRANT ALLOCATION PROCEDURE.] (a) The council 
        director shall distribute the funds annually so that each 
        qualifying county receives an equal share of 50 percent of 
        the council's allocation to the program described in this 
        section, plus a proportionate share of the remaining funds 
        available for the program.  A county's proportionate share is an 
        amount that has the same proportion to the total remaining funds 
        as the number of households in the county has to the total 
        number of households in all metropolitan counties.  
           (b) To qualify for distribution of funds, a county, by 
        April 1 of each year, must submit for council to the director 
        for approval a report on expenditures and activities under the 
        program during the preceding fiscal year and any proposed 
        changes in its recycling implementation strategy or performance 
        funding system.  The report shall be included in the county 
        report required by section 473.803, subdivision 3.  
           Sec. 50.  Minnesota Statutes 1994, section 473.845, 
        subdivision 4, is amended to read: 
           Subd. 4.  [EXPENDITURE NOTIFICATION.] The commissioner 
        shall notify the chair director of the office and the director 
        of the legislative commission on waste management before making 
        expenditures from the fund.  
           Sec. 51.  Minnesota Statutes 1994, section 473.848, 
        subdivision 2, is amended to read: 
           Subd. 2.  [COUNTY CERTIFICATION; COUNCIL OFFICE APPROVAL.] 
        (a) By April 1 of each year, each county shall submit an annual 
        certification report to the council office detailing:  
           (1) the quantity of waste generated in the county that was 
        not processed prior to transfer to a disposal facility during 
        the year preceding the report; 
           (2) the reasons the waste was not processed; 
           (3) a strategy for development of techniques to ensure 
        processing of waste including a specific timeline for 
        implementation of those techniques; and 
           (4) any progress made by the county in reducing the amount 
        of unprocessed waste. 
           The report shall be included in the county report required 
        by section 473.803, subdivision 3.  
           (b) The council office shall approve a county's 
        certification report if it determines that the county is 
        reducing and will continue to reduce the amount of unprocessed 
        waste, based on the report and the county's progress in 
        development and implementation of techniques to reduce the 
        amount of unprocessed waste transferred to disposal facilities.  
        If the council office does not approve a county's report, it 
        shall negotiate with the county to develop and implement 
        specific techniques to reduce unprocessed waste.  If the council 
        office does not approve two or more consecutive reports from any 
        one county, the council office shall develop specific reduction 
        techniques that are designed for the particular needs of the 
        county.  The county shall implement those techniques by specific 
        dates to be determined by the council office. 
           Sec. 52.  Minnesota Statutes 1994, section 473.848, 
        subdivision 4, is amended to read: 
           Subd. 4.  [COUNCIL OFFICE REPORT.] The council office shall 
        include, as part of its report to the legislative commission on 
        waste management required under section 473.149, an accounting 
        of the quantity of unprocessed waste transferred to disposal 
        facilities, the reasons the waste was not processed, a strategy 
        for reducing the amount of unprocessed waste, and progress made 
        by counties to reduce the amount of unprocessed waste.  The 
        council office may adopt standards for determining when waste is 
        unprocessible and procedures for expediting certification and 
        reporting of unprocessed waste. 
           Sec. 53.  [APPLICATION.] 
           Sections 24 to 52 apply in the counties of Anoka, Carver, 
        Dakota, Hennepin, Ramsey, Scott, and Washington.  
           Sec. 54.  [INSTRUCTION TO REVISOR.] 
           The revisor shall substitute the term "office of 
        environmental assistance" for the term "office of waste 
        management" in Minnesota Statutes, sections 15A.081, 41A.066, 
        43A.08, 115B.20, 116.07, 116.101, 116.99, and 477A.012.  
           Sec. 55.  [REPEALER.] 
           Minnesota Statutes 1994, sections 115A.47; 115A.81, 
        subdivision 3; 115A.90, subdivision 3; 383D.71, subdivision 2; 
        473.149, subdivision 5; and 473.181, subdivision 4, are repealed.
           Sec. 56.  [EFFECTIVE DATE.] 
           Sections 1 to 53 and 55 are effective on the day following 
        final enactment. 
           Presented to the governor May 30, 1995 
           Signed by the governor June 1, 1995, 11:28 a.m.