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Minnesota Legislature

Office of the Revisor of Statutes

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

                            CHAPTER 13-S.F.No. 1001 
                  An act relating to environment; modifying requirements 
                  for solid waste plans; amending Minnesota Statutes 
                  2002, section 115A.46, subdivision 1. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, 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 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.  After receiving the resolution, the 
        director 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 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 at least every five ten years.  The plan 
        must be revised as necessary so that it is not inconsistent with 
        state law.  
           (g) Rules that regulate plan content under subdivision 2 
        must reflect demographic, geographic, regional, and solid waste 
        system differences that exist among the counties. 
           Presented to the governor April 14, 2003 
           Signed by the governor April 17, 2003, 10:40 a.m.