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7035.5200 DEFINITIONS.

Subpart 1.

Acceptable plan.

"Acceptable plan" means a written report prepared by a grantee to provide the planning information set out in Minnesota Statutes, section 115A.46. To be considered an acceptable plan under parts 7035.5000 to 7035.6000, the written report shall:

A.

contain descriptions, estimates, or assessments of existing and proposed waste practices, including the following:

(1)

a description of the existing collection, storage, transportation, processing, and disposal systems used within the political subdivision being studied by the named grantee, including schedules of rates and charges, financing methods, environmental acceptability, and opportunities for improvements in the systems;

(2)

an estimate, calculated on the basis of current and projected waste generation practices, of the land disposal capacity in acre-feet which will be needed to serve the political subdivisions being studied by the named grantee through the year 2000;

(3)

an assessment of specific opportunities to reduce the need for land disposal through the use of waste reduction and resource recovery, as defined in Minnesota Statutes, section 115A.03, subdivision 27, including an assessment of the alternative degrees of reduction achievable, the comparative costs of the alternatives, including capital and operating costs, and the effects of the alternatives on the cost to generators of the waste; and

(4)

a description of existing and proposed county and municipal ordinances and license and permit requirements relating to solid waste management, including a description of the existing and proposed regulations and enforcement procedures relevant to those requirements;

B.

establish a detailed siting procedure and development program to assure the orderly location, development, and financing of new or expanded solid waste facilities and services sufficient for a prospective ten-year period, which procedure and program shall be consistent with all applicable rules of the agency and shall include:

(1)

estimated costs and implementation schedules;

(2)

proposed procedures for operation and maintenance;

(3)

estimated annual costs and gross revenues; and

(4)

feasible proposals for the use of facilities after they are no longer needed or usable;

C.

include an evaluation and recommendation of specific options, consistent with all applicable rules of the agency, for the resolution of conflicting, duplicative, or overlapping local management efforts, including the possible establishment of joint powers management programs or waste management districts; and

D.

establish a schedule of actions which need to be undertaken to put the procedures, programs, and resolutions described in the plan into effect, including a statement of the appropriate entity to take each action.

Subp. 2.

Agency.

"Agency" means the Minnesota Pollution Control Agency, as constituted pursuant to Minnesota Statutes, section 116.02, subdivision 1.

Subp. 3.

Commissioner.

"Commissioner" means the chief executive officer of the Minnesota Pollution Control Agency or a person expressly designated by the commissioner to discharge a duty or responsibility of the commissioner.

Subp. 4.

Grant eligible; grant eligibility.

"Grant eligible" or "grant eligibility" means meeting the criteria to receive funding assistance under parts 7035.5000 to 7035.6000. The fact that an item or person is "grant eligible" under parts 7035.5000 to 7035.6000 does not automatically assure that a grant will be awarded. A grant shall only be awarded if the grant eligibility criteria are met.

Subp. 5.

Landfill.

"Landfill" means a sanitary landfill or a modified landfill which has a valid permit issued by the agency.

Subp. 6.

Metropolitan area.

"Metropolitan area" has the meaning given it in Minnesota Statutes, section 115A.03, subdivision 18.

Subp. 7.

Population growth rate.

"Population growth rate" means the rate at which population in a proposed study area either increased or decreased during the decade between 1970 and 1980. The commissioner shall determine the population growth rate of a proposed study area by determining the difference in population in the proposed study area, as reported in the 1970 and 1980 United States Census Bureau data, dividing this difference by the 1970 population of the proposed study area and multiplying this result by 100. The growth rate will thus be expressed as a percentage.

Subp. 8.

Project manager.

"Project manager" means an employee of the grantee who is given the responsibility and the authority to direct and coordinate all aspects of the project as defined in the contractual agreement between the grantee and the agency. The project manager shall assume the responsibility for performing all contract and project management functions.

Subp. 9.

Political subdivision.

"Political subdivision" has the meaning given it in Minnesota Statutes, section 115A.03, subdivision 24.

Subp. 10.

Regional Development Commission.

"Regional Development Commission" has the meaning given it in Minnesota Statutes, section 115A.03, subdivision 26.

Statutory Authority:

MS s 115A.42

History:

L 1987 c 186 s 15

Published Electronically:

September 7, 2006

Official Publication of the State of Minnesota
Revisor of Statutes