Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1995, Regular Session
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.
Official Publication of the State of Minnesota
Revisor of Statutes