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1996 Minnesota Session Laws

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                            CHAPTER 470-S.F.No. 1861 
                  An act relating to the environment; modifying 
                  provisions relating to the management of waste; 
                  modifying the authority of legislative commissions; 
                  appropriating money; requiring rulemaking; amending 
                  Minnesota Statutes 1994, sections 115A.03, subdivision 
                  21, and by adding subdivisions; 115A.50; 115A.916; 
                  115A.919, by adding a subdivision; 115A.923, 
                  subdivision 1a; 115A.93, subdivision 3; 115A.9301, by 
                  adding a subdivision; 115A.965, subdivision 3; 
                  115A.9651, subdivision 1; 115D.09; 458D.07, 
                  subdivision 4; Minnesota Statutes 1995 Supplement, 
                  sections 115A.554; 115A.965, subdivision 1; 115A.981, 
                  subdivision 3; 116.07, subdivision 10; and 297A.45, 
                  subdivisions 2 and 3; Laws 1995, chapter 87, section 
                  1; proposing coding for new law in Minnesota Statutes, 
                  chapters 3; and 115A; repealing Minnesota Statutes 
                  1994, sections 115A.154; 115A.156; 115A.48, 
                  subdivisions 2 and 5; 115A.53; 115A.913, subdivision 
                  5; 115A.9162; and 115A.991; Minnesota Statutes 1995 
                  Supplement, sections 115A.0715; 115A.072, subdivision 
                  3; 115A.55, subdivision 3; and 115D.05. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [3.3056] [COMMITTEES; TASK FORCES.] 
           A legislative commission may appoint legislators to a 
        committee, subcommittee, or task force to assist and advise the 
        commission in carrying out its duties.  With the consent of the 
        speaker of the house of representatives and the subcommittee on 
        committees of the senate, a commission may appoint legislators 
        who are not members of the commission to the committee, 
        subcommittee, or task force.  The legislative commission must 
        pay for any expenses of the committee, subcommittee, or task 
        force out of funds appropriated to the legislative commission.  
           Sec. 2.  Minnesota Statutes 1994, section 115A.03, 
        subdivision 21, is amended to read: 
           Subd. 21.  [MIXED MUNICIPAL SOLID WASTE.] (a) "Mixed 
        municipal solid waste" means garbage, refuse, and other solid 
        waste from residential, commercial, industrial, and community 
        activities that the generator of the waste aggregates for 
        collection, but except as provided in paragraph (b). 
           (b) Mixed municipal solid waste does not include auto 
        hulks, street sweepings, ash, construction debris, mining waste, 
        sludges, tree and agricultural wastes, tires, lead acid 
        batteries, motor and vehicle fluids and filters, and other 
        materials collected, processed, and disposed of as separate 
        waste streams, but does include source-separated compostable 
        materials. 
           Sec. 3.  Minnesota Statutes 1994, section 115A.03, is 
        amended by adding a subdivision to read: 
           Subd. 26a.  [RESOURCE CONSERVATION.] "Resource conservation"
        means the reduction in the use of water, energy, and raw 
        materials. 
           Sec. 4.  Minnesota Statutes 1994, section 115A.03, is 
        amended by adding a subdivision to read: 
           Subd. 32c.  [SOURCE-SEPARATED COMPOSTABLE MATERIALS.] 
        "Source-separated compostable materials" means mixed municipal 
        solid waste that: 
           (1) is separated at the source by waste generators for the 
        purpose of preparing it for use as compost; 
           (2) is collected separately from other mixed municipal 
        solid wastes; 
           (3) is comprised of food wastes, fish and animal waste, 
        plant materials, diapers, sanitary products, and paper that is 
        not recyclable because the director has determined that no other 
        person is willing to accept the paper for recycling; and 
           (4) is delivered to a facility to undergo controlled 
        microbial degradation to yield a humus-like product meeting the 
        agency's class I or class II, or equivalent, compost standards 
        and where process residues do not exceed 15 percent by weight of 
        the total material delivered to the facility. 
           Sec. 5.  Minnesota Statutes 1994, section 115A.03, is 
        amended by adding a subdivision to read: 
           Subd. 32d.  [SOURCE-SEPARATED RECYCLABLE 
        MATERIALS.] "Source-separated recyclable materials" means 
        recyclable materials, including commingled recyclable materials, 
        that are separated by the generator. 
           Sec. 6.  [115A.0716] [ENVIRONMENTAL ASSISTANCE GRANT AND 
        LOAN PROGRAM.] 
           Subdivision 1.  [GRANTS.] (a) The director may make grants 
        to any person for the purpose of researching, developing, and 
        implementing projects or practices related to collection, 
        processing, recycling, reuse, resource recovery, source 
        reduction, and prevention of waste, hazardous substances, toxic 
        pollutants, and problem materials; the development or 
        implementation of pollution prevention projects or practices; 
        the collection, recovery, processing, purchasing, or market 
        development of recyclable materials or compost; resource 
        conservation; and for environmental education.  
           (b) In making grants, the office may give priority to 
        projects or practices that have broad application in the state 
        and are consistent with the policies established under sections 
        115A.02 and 115D.02.  
           (c) The director shall adopt rules to administer the grant 
        program.  
           (d) For the purposes of this section: 
           (1) "pollution prevention" has the meaning given it in 
        section 115D.03; 
           (2) "toxic pollutant" has the meaning given it in section 
        115D.03; and 
           (3) "hazardous substance" has the meaning given it in 
        section 115D.03. 
           Subd. 2.  [LOANS.] (a) The director may make loans, or 
        participate in loans, for capital costs or improvements related 
        to any of the activities listed in subdivision 1.  
           (b) The director may work with financial institutions or 
        other financial assistance providers in participating in loans 
        under this section.  The director may contract with financial 
        institutions or other financial assistance providers for loan 
        processing and/or administration.  
           (c) The director may also make grants, as authorized in 
        subdivision 1, to enable persons to receive loans from financial 
        institutions or to reduce interest payments for those loans.  
           (d) In making loans, the office may give priority to 
        projects or practices that have broad application in the state 
        and are consistent with the policies established under sections 
        115A.02 and 115D.02.  
           (e) The director shall adopt rules to administer the loan 
        program. 
           Sec. 7.  Minnesota Statutes 1994, section 115A.50, is 
        amended to read: 
           115A.50 [ELIGIBLE RECIPIENTS.] 
           Eligible recipients for assistance under the program shall 
        be limited to cities, counties, solid waste management districts 
        established pursuant to sections 115A.62 to 115A.72, and 
        sanitary districts.  Eligible recipients may apply for 
        assistance under sections 115A.0716 and 115A.52 and 115A.53 on 
        behalf of other persons.  
           Sec. 8.  Minnesota Statutes 1995 Supplement, 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.0716; 115A.46, subdivision subdivisions 4 and 5; 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. 9.  Minnesota Statutes 1994, section 115A.916, is 
        amended to read: 
           115A.916 [MOTOR AND VEHICLE FLUIDS AND FILTERS; 
        PROHIBITIONS.] 
           (a) A person may not knowingly place motor oil, brake 
        fluid, power steering fluid, transmission fluid, motor oil 
        filters, or motor vehicle antifreeze: 
           (1) in solid waste or in a solid waste management facility 
        other than a recycling facility or a household hazardous waste 
        collection facility; 
           (2) in or on the land, unless approved by the agency; or 
           (3) in or on the waters of the state or in a stormwater or 
        wastewater collection or treatment system.  
           (b) For the purposes of this section, "antifreeze" does not 
        include small amounts of antifreeze contained in water used to 
        flush the cooling system of a vehicle after the antifreeze has 
        been drained and does not include deicer that has been used on 
        the exterior of a vehicle. 
           (c) For businesses that purchase or use an annual average 
        of over 150 gallons of motor vehicle antifreeze per month for 
        on-site installation in motor vehicles, this section does not 
        apply to antifreeze placed in a wastewater collection system 
        that includes a publicly or privately owned treatment works that 
        is permitted by the agency until December 31, 1996.  For 
        businesses that purchase or use an annual average of 150 gallons 
        or less of motor vehicle antifreeze per month for on-site 
        installation in motor vehicles, this section does not apply to 
        antifreeze placed in a wastewater collection system that 
        includes a publicly owned treatment works that is permitted by 
        the agency until December 31, 1997.  
           (d) Notwithstanding paragraph (a), motor oil filters and 
        portions of motor oil filters may be processed at a permitted 
        mixed municipal solid waste resource recovery facility that 
        directly burns the waste if: 
           (1) the facility is subject to an industrial waste 
        management plan that addresses management of motor oil filters 
        and the owner or operator of the facility can demonstrate to the 
        satisfaction of the commissioner that the facility is in 
        compliance with that plan; 
           (2) the facility recovers ferrous metal after incineration 
        for recycling as part of its operation; and 
           (3) the motor oil filters are collected separately from 
        mixed municipal solid waste and are not combined with it except 
        for the purpose of incinerating the waste. 
           Sec. 10.  Minnesota Statutes 1994, section 115A.919, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [JOINT POWERS AGREEMENT.] If a facility is owned 
        by a joint powers board, total fees in excess of $1 per cubic 
        yard or equivalent may not be imposed or revenue expended under 
        subdivision 1 or 2 without the approval of the board. 
           Sec. 11.  Minnesota Statutes 1994, section 115A.923, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [PAYMENT OF THE GREATER MINNESOTA LANDFILL 
        CLEANUP FEE.] The operator of a disposal facility in greater 
        Minnesota shall remit the fees collected under subdivision 1 to 
        the county or sanitary district where the facility is located, 
        except that the operator of a facility that is owned by a 
        statutory or home rule city shall remit the fees to the city 
        that owns the facility and the operator of a facility that is 
        owned by a joint powers board shall remit the fees to the 
        board.  The county, city, joint powers board, or sanitary 
        district may use the revenue from the fees only for the purposes 
        specified in section 115A.919. 
           Sec. 12.  Minnesota Statutes 1994, section 115A.93, 
        subdivision 3, is amended to read: 
           Subd. 3.  [LICENSE REQUIREMENTS; PRICING BASED ON VOLUME OR 
        WEIGHT.] (a) A licensing authority shall require licensees to 
        impose charges for collection of mixed municipal solid waste 
        that increase with the volume or weight of the waste collected.  
           (b) A licensing authority may impose requirements that are 
        consistent with the county's solid waste policies as a condition 
        of receiving and maintaining a license.  
           (c) A licensing authority shall prohibit mixed municipal 
        solid waste collectors from imposing a greater charge on 
        residents who recycle than on residents who do not recycle. 
           (d) The director may exempt a licensing authority from the 
        requirements of paragraph (a) if the county within which the 
        authority is located has an approved solid waste management plan 
        that concludes that variable rate pricing is not appropriate for 
        that jurisdiction because it is inconsistent with other 
        incentives and mechanisms implemented within the jurisdiction 
        that are more effective in attaining the goals of this chapter 
        to discourage on-site disposal, littering, and illegal dumping.  
           (e) In the interim between revisions to the county solid 
        waste management plan, the director may exempt a licensing 
        authority from the requirements of paragraph (a) if the director 
        makes the determination otherwise made by the plan in paragraph 
        (d) and finds that the licensing authority: 
           (1) operates or contracts for the operation of a 
        residential recycling program that collects more categories of 
        recyclable materials than required in section 115A.552; 
           (2) has a residential participation rate in its recycling 
        programs of at least 70 percent or in excess of the 
        participation rate for the county in which it is located, 
        whichever is greater; and 
           (3) is located in a county that has exceeded the recycling 
        goals in section 115A.551. 
        An exemption granted by the director in the interim between 
        revisions to the county solid waste management plan is only 
        effective until the county solid waste management plan is 
        revised. 
           Sec. 13.  Minnesota Statutes 1994, section 115A.9301, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [EXEMPTION.] (a) The director may exempt a local 
        government unit from the requirements of subdivision 1 if the 
        county within which the local government unit is located has an 
        approved solid waste management plan that concludes that 
        variable rate pricing is not appropriate for that jurisdiction 
        because it is inconsistent with other incentives and mechanisms 
        implemented within the jurisdiction that are more effective in 
        attaining the goals of this chapter to discourage on-site 
        disposal, littering, and illegal dumping.  
           (b) In the interim between revisions to the county solid 
        waste management plan, the director may exempt a local 
        government unit from the requirements of subdivision 1 if the 
        director makes the determination otherwise made by the plan in 
        paragraph (a) and finds that the local government unit: 
           (1) operates or contracts for the operation of a 
        residential recycling program that collects more categories of 
        recyclable materials than required in section 115A.552; 
           (2) has a residential participation rate in its recycling 
        programs of at least 70 percent or in excess of the 
        participation rate for the county in which it is located, 
        whichever is greater; and 
           (3) is located in a county that has exceeded the recycling 
        goals in section 115A.551. 
        An exemption granted by the director in the interim between 
        revisions to the county solid waste management plan is only 
        effective until the county solid waste management plan is 
        revised. 
           Sec. 14.  Minnesota Statutes 1995 Supplement, 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; it does not 
        include a person involved solely in delivering packages on 
        behalf of a third party; and 
           (2) until August 15, 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. "intentional 
        introduction" means the act of deliberately using a regulated 
        metal in the formulation of a package where its continued 
        presence is desired in the final package to provide a specific 
        characteristic, appearance, or quality.  It does not include: 
           (i) the use of a regulated metal as a processing agent or 
        intermediate to impart certain chemical or physical changes 
        during manufacturing, where the incidental retention of a 
        residue of the metal in the final package is neither desired nor 
        deliberate if the final package is in compliance with 
        subdivision 2; 
           (ii) the use of recycled materials as feedstock for the 
        manufacture of new packaging materials, where some portion of 
        the recycled materials may contain amounts of a regulated metal 
        if the new package is in compliance with subdivision 2; or 
           (iii) the incidental presence of any of the regulated 
        metals.  
           Sec. 15.  Minnesota Statutes 1994, section 115A.965, 
        subdivision 3, is amended to read: 
           Subd. 3.  [EXEMPTIONS.] (a) Until January 1, 2000, the 
        following packaging is exempt from the requirements of 
        subdivisions 1 and 2: 
           (1) packaging that has been delivered to a manufacturer or 
        distributor prior to August 1, 1993, or packaging that contains 
        a code or other indication of the date of manufacture and that 
        was manufactured prior to August 1, 1993; and 
           (2) until August 1, 1997, packaging that would not exceed 
        the total toxics concentration levels under subdivision 2 but 
        for the addition in the packaging of materials that have 
        fulfilled their intended use and have been discarded by 
        consumers.; and 
           (2) packages that are reused but exceed the total toxics 
        concentration levels in subdivision 2, provided that:  
           (i) the product being conveyed by the package is regulated 
        under federal or state health or safety requirements; 
           (ii) transportation of the packaged product is regulated 
        under federal or state transportation requirements; and 
           (iii) disposal of the package is performed according to 
        federal or state radioactive or hazardous waste disposal 
        requirements. 
           (b) Until January 1, 2000, packages that have a controlled 
        distribution and reuse, but exceed the total toxics 
        concentration levels in subdivision 2 and do not meet the 
        requirements of paragraph (a), may be exempted from subdivisions 
        1 and 2 if the manufacturers or distributors of the packages 
        petition for and receive approval from the commissioner.  In 
        granting approval, the commissioner shall work with the 
        Coalition of Northeastern Governors Toxics in Packaging 
        Clearinghouse and base the decision on satisfactory 
        demonstrations that the environmental benefit of the controlled 
        distribution and reuse is significantly greater compared to the 
        same package manufactured in compliance with the total toxics 
        concentration levels in subdivision 2, and on plans proposed by 
        the manufacturer that include each of the following elements: 
           (1) a means of identifying the packaging in a permanent and 
        visible manner; 
           (2) a method of regulatory and financial accountability so 
        that a specified percentage of the packaging manufactured and 
        distributed to other persons is not discarded by those persons 
        after use but are returned to the manufacturer or the 
        manufacturer's designee; 
           (3) a system of inventory and record maintenance to account 
        for the packaging placed in, and removed from, service; 
           (4) a means of transforming packaging that is no longer 
        reusable into recycled materials for manufacturing or into 
        manufacturing wastes which are subject to existing federal or 
        state laws or regulations governing such manufacturing wastes 
        that ensure that these wastes do not enter the industrial or 
        mixed municipal solid waste stream; and 
           (5) a system of annually reporting to the commissioner 
        changes to the system and changes in designees. 
           (b) (c) Packaging to which lead, cadmium, mercury, or 
        hexavalent chromium has been intentionally introduced in the 
        manufacturing process may be exempted from the requirements of 
        subdivisions 1 and 2 by the commissioner of the pollution 
        control agency if: 
           (1) the use of the toxic element in the packaging is 
        required by federal or state health or safety laws; or 
           (2) there is no feasible alternative for the packaging 
        because the toxic element used is essential to the protection, 
        safe handling, or function of the contents of the package.  
           The commissioner may grant an exemption under this 
        paragraph for a period not to exceed two years upon application 
        by the packaging manufacturer that includes documentation 
        showing that the criteria for an exemption are met.  Exemptions 
        granted by the commissioner may be renewed upon reapplication 
        every two years. 
           Sec. 16.  Minnesota Statutes 1994, section 115A.9651, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PROHIBITION.] (a) Except as provided in 
        paragraph (d), no person may distribute for sale or use in this 
        state any ink, dye, pigment, paint, or fungicide manufactured 
        after September 1, 1994, into which lead, cadmium, mercury, or 
        hexavalent chromium has been intentionally introduced. 
           (b) For the purposes of this subdivision, "intentionally 
        introduce" means to deliberately use a metal listed in paragraph 
        (a) as an element during manufacture or distribution of an item 
        listed in paragraph (a).  Intentional introduction does not 
        include the incidental presence of any of the prohibited 
        elements. 
           (c) The concentration of a listed metal in an item listed 
        in paragraph (a) may not exceed 100 parts per million. 
           (d) The use of lead in substances utilized in marking road, 
        street, highway, and bridge pavements is exempt from this 
        subdivision until July 1, 1998. 
           Sec. 17.  Minnesota Statutes 1995 Supplement, section 
        115A.981, subdivision 3, is amended to read: 
           Subd. 3.  [REPORT.] (a) The commissioner shall report to 
        the legislative commission on waste management senate and house 
        of representatives environment and natural resource committees, 
        the finance division of the senate committee on environment and 
        natural resources, and the house of representatives committee on 
        environment and natural resources finance by July December 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; 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. 18.  Minnesota Statutes 1994, section 115D.09, is 
        amended to read: 
           115D.09 [CONFIDENTIALITY.] 
           Information and techniques developed under section 115D.04, 
        the reduction information and techniques under section 115D.05 
        115A.0716, and the progress reports required under section 
        115D.08 are public data under chapter 13.  The plans required 
        under section 115D.07 are nonpublic data under chapter 13. 
           Sec. 19.  Minnesota Statutes 1995 Supplement, section 
        116.07, subdivision 10, is amended to read: 
           Subd. 10.  [SOLID WASTE GENERATOR ASSESSMENTS.] (a) For the 
        purposes of this subdivision: 
           (1) "assessed waste" means mixed municipal solid waste as 
        defined in section 115A.03, subdivision 21, infectious waste as 
        defined in section 116.76, subdivision 12, pathological waste as 
        defined in section 116.76, subdivision 14, industrial waste as 
        defined in section 115A.03, subdivision 13a, and construction 
        debris as defined in section 115A.03, subdivision 7; provided 
        that all types of assessed waste listed in this clause do not 
        include: 
           (i) materials that are separated for recycling by the 
        generator and that are collected separately from other waste and 
        delivered to a waste facility for the purpose of recycling and 
        recycled,; 
           (ii) materials that are separated for recycling by the 
        generator, collected and delivered to a waste facility that 
        recycles at least 85 percent of its waste, and are collected 
        with mixed municipal solid waste that is segregated in leakproof 
        bags, provided that the mixed municipal solid waste does not 
        exceed five percent of the total weight of the materials 
        delivered to the facility and is ultimately delivered to a 
        facility designated under sections 115A.80 to 115A.893; and 
           it also does not include (iii) waste generated outside of 
        Minnesota; 
           (2) "noncompacted cubic yard" means a loose cubic yard of 
        assessed waste; 
           (3) "nonresidential customer" means: 
           (i) an owner or operator of a business, including a home 
        operated business, industry, church, nursing home, nonprofit 
        organization, school, or any other commercial or institutional 
        enterprise; 
           (ii) an owner of a building or site containing multiple 
        residences, including a townhome or manufactured home park, 
        where no resident has separate trash pickup, and no resident is 
        separately assessed for such service; and 
           (iii) any other generator of assessed waste that is not a 
        residential customer as defined in clause (6); 
           (4) "periodic waste collection" means each time a waste 
        container is emptied by the person that collects the assessed 
        waste; 
           (5) "person that collects assessed waste" means each person 
        that is required to pay sales tax on solid waste collection 
        services under section 297A.45, or would pay sales tax under 
        that section if the assessed waste was mixed municipal solid 
        waste; and 
           (6) "residential customer" means: 
           (i) a detached single family residence that generates only 
        household mixed municipal solid waste; and 
           (ii) a person residing in a building or at a site 
        containing multiple residences, including a townhome or a 
        manufactured home park, where each resident either (A) is 
        separately assessed for waste collection or (B) has separate 
        waste collection for each resident, even if the resident pays to 
        the owner or an association a monthly maintenance fee which 
        includes the expense of waste collection, and the owner or 
        association pays the waste collector for waste collection in one 
        lump sum. 
           (b) A person that collects assessed waste shall collect and 
        remit to the commissioner of revenue a solid waste generator 
        assessment from each of the person's customers as provided in 
        paragraphs (c) and (d).  A waste management facility that 
        accepts assessed waste shall collect and remit to the 
        commissioner of revenue the solid waste assessment as provided 
        in paragraph (e). 
           (c) Except as provided in paragraph (f), the amount of the 
        assessment for each residential customer is $2 per year.  Each 
        person that collects assessed waste shall collect the assessment 
        annually from each residential customer that is receiving mixed 
        municipal solid waste collection service on July 1 of each year 
        and shall remit the amount actually collected along with the 
        person's first remittance of the sales tax on solid waste 
        collection services, described in section 297A.45, made after 
        October 1 of each year.  For buildings or sites that contain 
        multiple residences that are not separately billed for 
        collection services, the person who collects assessed waste 
        shall collect the assessment for all the residences from the 
        person who is billed for the collection service.  Any amount of 
        the assessment that is received by the person that collects 
        assessed waste after October 1 of each year must be remitted 
        along with the person's next remittance of sales tax after 
        receipt of the assessment. 
           (d)(1) Except as provided in clause (2), the amount of the 
        assessment for each nonresidential customer is 60 cents per 
        noncompacted cubic yard of periodic waste collection capacity 
        purchased by the customer, based on the size of the container 
        for the assessed waste.  For a residential customer that 
        generates assessed waste that is not mixed municipal solid 
        waste, the amount of the assessment is 60 cents per noncompacted 
        cubic yard of collection capacity purchased for the waste that 
        is not mixed municipal solid waste, based on the size of the 
        container for the waste.  If the capacity purchased is for 
        compacted cubic yards of mixed municipal solid waste, the 
        noncompacted capacity purchased is based on the compaction ratio 
        of 3:1.  The commissioner of revenue, after consultation with 
        the commissioner of the pollution control agency, shall 
        determine, and may publish by notice, compaction rates for other 
        types of waste where they exist and conversion schedules for 
        waste that is managed by measurements other than cubic yards.  
        Each person that collects assessed waste shall collect the 
        assessment from each nonresidential customer as part of each 
        statement for payment of waste collection charges and shall 
        remit the amount actually collected along with the next 
        remittance of sales tax after receipt of the assessment. 
           (2) The assessment for nonresidential customers for the 
        mixed municipal solid waste that is collected with 
        source-separated recyclable materials as described in paragraph 
        (a), clause (1), item (ii), is three-tenths of a cent per 
        gallon.  The customer must pay by purchasing specific collection 
        bags or stickers that include the cost of the collection service 
        and assessment. 
           (e) A person who transports assessed waste generated by 
        that person or by another person without compensation shall pay 
        an assessment of 60 cents per noncompacted cubic yard or the 
        equivalent to the operator of the waste management facility to 
        which the waste is delivered.  The operator shall remit the 
        assessments actually collected under this paragraph to the 
        commissioner of revenue.  This subdivision does not apply to a 
        person who transports industrial waste generated by that person 
        to a facility owned and operated by that person. 
           (f) The amount of the assessment for each residential 
        customer that is subject to a mixed municipal solid waste 
        collection service for which the customer pays, based on the 
        volume of waste collected, by purchasing specific collection 
        bags or stickers from the waste collector, municipality, or 
        other vendor is either: 
           (1) determined by a method developed by the waste collector 
        or municipality and approved by the commissioner of revenue, 
        which yields the equivalent of approximately a $2 annual 
        assessment per household; or 
           (2) three cents per each 35 gallon unit or less.  If the 
        per unit fee method under this clause is used, it is the 
        responsibility of the waste collector or the municipality who is 
        selling the bags or stickers to remit the amount of the 
        assessment to the department of revenue, according to a payment 
        schedule provided by the commissioner of revenue.  The 
        collection service and assessment under this clause shall be 
        included in the price of the bag or sticker.  
           (g) The commissioner of revenue shall redesign sales tax 
        forms for persons that collect assessed waste to accommodate 
        payment of the assessment.  The amounts remitted under this 
        subdivision must be deposited in the state treasury and credited 
        to the solid waste fund established in section 115B.42. 
           (h) For persons that collect assessed waste and operators 
        of waste management facilities who are required to collect the 
        solid waste generator assessments under this subdivision, and 
        persons who are required to remit the assessment under paragraph 
        (f), and who do not collect and remit the sales tax on solid 
        waste collection services under section 297A.45, the 
        commissioner of revenue shall determine when and in what manner 
        the persons and operators must remit the assessment amounts 
        actually collected. 
           (i) For the purposes of this subdivision, the requirement 
        to "collect" the solid waste generator assessment under 
        paragraph (b) means that the person to whom the requirement 
        applies shall: 
           (i) include the amount of the assessment in the appropriate 
        statement of charges for waste collection services and in any 
        action to enforce payment on delinquent accounts; 
           (ii) accurately account for assessments received; 
           (iii) indicate to generators that payment of the assessment 
        by the waste generator is required by law and inform generators, 
        using information supplied by the commissioner of the agency, of 
        the purposes for which revenue from the assessment will be 
        spent; and 
           (iv) cooperate fully with the commissioner of revenue to 
        identify generators of assessed waste who fail to remit payment 
        of the assessment. 
           (j) The audit, penalty, enforcement, and administrative 
        provisions applicable to taxes imposed under chapter 297A apply 
        to the assessments imposed under this subdivision. 
           (k) If less than $25,000,000 is projected to be available 
        for new encumbrances in any fiscal year after fiscal year 1996 
        from all existing dedicated revenue sources for landfill cleanup 
        and reimbursement costs under sections 115B.39 to 115B.46, by 
        April 1 before the next fiscal year in which the shortfall is 
        projected the commissioner of the agency shall certify to the 
        commissioner of revenue the amount of the shortfall.  To provide 
        for the shortfall, the commissioner of revenue shall increase 
        the assessment under paragraphs (d) and (e) by an amount 
        sufficient to generate revenue equal to the amount of the 
        shortfall effective the following July 1 and shall provide 
        notice of the increased assessment by May 1 following 
        certification to persons who are required to collect and remit 
        the solid waste generator assessments under this subdivision. 
           Sec. 20.  Minnesota Statutes 1995 Supplement, section 
        297A.45, subdivision 2, is amended to read: 
           Subd. 2.  [APPLICATION.] The taxes imposed by sections 
        297A.02 and 297A.021 apply to all public and private mixed 
        municipal solid waste management services.  
           Notwithstanding section 297A.25, subdivision 11, a 
        political subdivision that purchases waste management services 
        on behalf of its citizens shall pay the taxes. 
           If a political subdivision provides a waste management 
        service to its residents at a cost in excess of the total direct 
        charge to the residents for the service, the political 
        subdivision shall pay the taxes based on its cost of providing 
        the service in excess of the direct charges.  
           A person who transports mixed municipal solid waste 
        generated by that person or by another person without 
        compensation shall pay the taxes at the waste facility based on 
        the disposal charge or tipping fee. 
           A person who segregates mixed municipal waste from 
        recyclable materials as described in subdivision 3, paragraph 
        (a), clause (2), shall pay the taxes by purchasing specific 
        collection bags or stickers.  The collection service and taxes 
        must be included in the price of the bag or sticker. 
           Sec. 21.  Minnesota Statutes 1995 Supplement, section 
        297A.45, subdivision 3, is amended to read: 
           Subd. 3.  [EXEMPTIONS.] (a) The cost of a service or the 
        portion of a service to collect and manage recyclable materials 
        separated from mixed municipal solid waste by the waste 
        generator is exempt from the taxes imposed in sections 297A.02 
        and 297A.021 if: 
           (1) the recyclable materials are separated from mixed 
        municipal solid waste by the waste generator; or 
           (2) the recyclable materials are separated from mixed 
        municipal solid waste by the generator, collected and delivered 
        to a waste facility that recycles at least 85 percent of its 
        waste, and are collected with mixed municipal solid waste that 
        is segregated in leakproof bags, provided that the mixed 
        municipal solid waste does not exceed five percent of the total 
        weight of the materials delivered to the facility and is 
        ultimately delivered to a facility designated under sections 
        115A.80 to 115A.893.  
           (b) The amount of a surcharge or fee imposed under section 
        115A.919, 115A.921, 115A.923, or 473.843 is exempt from the 
        taxes imposed in sections 297A.02 and 297A.021. 
           (c) Waste from a recycling facility that separates or 
        processes recyclable materials and that reduces the volume of 
        the waste by at least 85 percent is exempt from the taxes 
        imposed in sections 297A.02 and 297A.021.  To qualify for the 
        exemption under this paragraph, the waste exempted must be 
        managed separately from other solid waste. 
           (d) The following costs are exempt from the taxes imposed 
        in sections 297A.02 and 297A.021: 
           (1) costs of providing educational materials and other 
        information to residents; 
           (2) costs of managing solid waste other than mixed 
        municipal solid waste, including household hazardous waste; and 
           (3) costs of court litigation and associated damages. 
           (e) The cost of a waste management service is exempt from 
        the taxes imposed in sections 297A.02 and 297A.021 to the extent 
        that the cost was previously subject to the tax. 
           (f) Through December 31, 2002, the gross receipts from the 
        sales of source-separated compostable waste management services 
        are exempt from the tax imposed in section 297A.02 if the waste 
        is delivered to a facility exempted as described in this 
        paragraph.  To initially qualify for an exemption, a facility 
        must apply for an exemption in its application for a new or 
        amended solid waste permit to the pollution control agency.  The 
        first time a facility applies to the agency, it must certify in 
        its application that it will comply with the criteria in clauses 
        (1) to (5), and the commissioner of the agency shall so certify 
        to the commissioner of revenue who must grant the exemption.  
        For each subsequent calendar year, by October 1 of the preceding 
        year, the facility must apply to the agency for certification to 
        renew its exemption for the following year.  The application 
        must be filed according to the procedures and contain the 
        information required by the agency.  The commissioner of revenue 
        shall grant the exemption if the commissioner of the agency 
        finds and certifies to the commissioner of revenue that based on 
        an evaluation of the composition of incoming waste and residuals 
        and the quality and use of the product: 
           (1) generators separate materials at the source; 
           (2) the separation is performed in a manner appropriate to 
        the technology specific to the facility that: 
           (i) maximizes the quality of the product; 
           (ii) minimizes the toxicity and quantity of residuals; and 
           (iii) provides an opportunity for significant improvement 
        in the environmental efficiency of the operation; 
           (3) the operator of the facility educates generators, in 
        coordination with each county using the facility, about 
        separating the waste to maximize the quality of the waste stream 
        for the technology specific to the facility; 
           (4) process residuals do not exceed 15 percent of the 
        weight of the total material delivered to the facility; and 
           (5) the final product is accepted for use. 
           Sec. 22.  Minnesota Statutes 1994, section 458D.07, 
        subdivision 4, is amended to read: 
           Subd. 4.  [UTILIZATION OF DISTRICT SYSTEM.] (a) The board 
        may provide that every person or local government unit located 
        in the district must dispose of solid waste as provided in the 
        comprehensive plan. 
           (b) Upon the adoption of a solid waste plan under section 
        458D.05, subdivision 2, the plan governs all solid waste 
        management in the district and a public entity, as defined in 
        section 16B.122, subdivision 1, within the district may not: 
           (1) enter into a binding agreement governing a solid waste 
        management activity that is inconsistent with that plan, without 
        the consent of the district; or 
           (2) develop or implement a solid waste management activity, 
        other than an activity to reduce waste generation or reuse waste 
        materials, that is inconsistent with a solid waste plan that the 
        district is actively implementing, without the consent of the 
        district. 
           Sec. 23.  Laws 1995, chapter 87, section 1, is amended to 
        read:  
           Section 1.  [WAIVER.] 
           The pollution control agency must, until 2005, allow the 
        operation of a gas-fired waste combustor installed after January 
        1, 1992 1990, and before June 20, 1994, used to burn 
        blood-contaminated, waxed cardboard, and meat-contaminated 
        cellulose from meat processing operations in amounts that do not 
        exceed 500 pounds per hour and provided the combustor is 
        monitored by an automatic temperature control device and meets 
        emission standards in effect at the time it was installed. 
           Sec. 24.  [LANDFILL CLEANUP COSTS.] 
           (a) Notwithstanding Minnesota Statutes, sections 115B.42 
        and 115B.43, $737,500 is appropriated from the solid waste fund 
        to the commissioner of the pollution control agency for 
        distribution to a county or its political subdivisions to assist 
        those public entities by funding a portion of the $1,475,000 
        amount paid by December 31, 1994, as part of a final order or 
        settlement of a lawsuit for environmental response costs at a 
        mixed municipal solid waste facility if: 
           (1) the county or its political subdivisions stopped 
        sending waste to the facility prior to 1988; 
           (2) the mixed municipal solid waste facility is owned and 
        operated by another county; 
           (3) the county that owns the facility decided to reopen the 
        facility after a closure order was issued by the pollution 
        control agency in 1988, and then decided not to enter the 
        landfill cleanup program in 1994; and 
           (4) the county or its political subdivision incurring the 
        $1,475,000 liability had no role in the other county's decision 
        to keep the facility open. 
           (b) Reimbursements under this section must be used to 
        directly reduce or eliminate the burden on citizens of the 
        county caused by this liability, and may not be used for general 
        purposes. 
           Only proceeds from the sale of bonds credited to the solid 
        waste fund should be used to fund reimbursements under this 
        section. 
           Sec. 25.  [SOLID WASTE MANAGEMENT POLICY REPORT; 2001.] 
           The report required to be submitted by the director of the 
        office of environmental assistance in 2001 under Minnesota 
        Statutes, section 115A.411, must include an evaluation of the 
        impact of the exemption under Minnesota Statutes, section 
        297A.45, subdivision 3, paragraph (f), on the economic viability 
        of the participating facilities, their ability to reach the 
        goals in Minnesota Statutes, section 297A.45, subdivision 3, 
        paragraph (f), and on revenues under Minnesota Statutes, section 
        297A.45.  The director shall recommend whether the exemption 
        should continue. 
           Sec. 26.  [REVIEW OF MOTOR VEHICLE ANTIFREEZE STUDIES.] 
           The commissioner of the pollution control agency shall 
        review the conclusions of independent studies completed by 
        December 31, 1997, which analyze the following issues related to 
        motor vehicle antifreeze: 
           (1) the biological oxygen demand impact of motor vehicle 
        antifreeze on waste water treatment facilities; 
           (2) the heavy metal content of used motor vehicle 
        antifreeze; and 
           (3) the extent to which recycled antifreeze is approved for 
        use in automobiles under manufacturers' warranties. 
           The commissioner shall summarize the findings of this 
        review to the house and senate environment and natural resources 
        committees by February 15, 1997. 
           Sec. 27.  [REVISOR'S INSTRUCTION.] 
           The revisor shall change provisions in Minnesota Statutes 
        that direct reports to the legislative commission on waste 
        management so that the reports are received by the environment 
        and natural resources committees of the senate and house of 
        representatives, the finance division of the senate committee on 
        environment and natural resources, and the house of 
        representatives committee on environment and natural resources 
        finance. 
           Sec. 28.  [REPEALER.] 
           (a) Minnesota Statutes 1994, section 115A.913, subdivision 
        5, is repealed. 
           (b) Minnesota Statutes 1994, sections 115A.154; 115A.156; 
        115A.48, subdivisions 2 and 5; 115A.53; 115A.9162; and 115A.991; 
        and Minnesota Statutes 1995 Supplement, sections 115A.0715; 
        115A.072, subdivision 3; 115A.55, subdivision 3; and 115D.05, 
        are repealed. 
           Sec. 29.  [EFFECTIVE DATE.] 
           Section 9 is effective the day following final enactment.  
        Sections 7, 8, except for the reference to Minnesota Statutes, 
        section 115A.46, subdivision 5, 18, and 28, paragraph (b), are 
        effective on the effective date of rules adopted under section 6.
           Section 23 is effective retroactive to April 25, 1995.  
           Sections 19 to 21, paragraph (a), are effective 
        retroactively to August 1, 1995. 
           Presented to the governor April 4, 1996 
           Signed by the governor April 11, 1996, 12:08 p.m.

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