1998 Minnesota Statutes

     115A.981 Solid waste management; economic status and 
  outlook. 

    Subdivision 1.    Recordkeeping requirements.  The owner 
 or operator of a solid waste facility must maintain the records 
 necessary to comply with the requirements of subdivision 2.  

    Subd. 2.    Annual reporting.  (a) The owner or operator 
 of a solid waste disposal facility shall submit an annual report 
 to the commissioner that includes: 

    (1) a certification that the owner or operator has 
 established financial assurance for closure, postclosure care, 
 and corrective action at the facility by using one or more of 
 the financial assurance mechanisms specified by rule and 
 specification of the financial assurance mechanism used, 
 including the amount paid in or assured during the past year and 
 the total amount of financial assurance accumulated to date; and 

    (2) a schedule of fees charged at the facility for waste 
 management, including all tipping fees, rates, charges, 
 surcharges, and any other fees charged to each classification of 
 customer.  

    (b) The owner or operator of a solid waste facility, other 
 than a private recycling facility, that is not a disposal 
 facility and that is not governed by paragraph (c) shall submit 
 an annual report to the commissioner that includes a schedule of 
 fees charged at the facility for waste management, including all 
 tipping fees, rates, charges, surcharges, and any other fees 
 charged to each classification of customers. 

    (c) The owner or operator of a solid waste facility whose 
 construction or operation was or is wholly or partially publicly 
 financed, except when the public financing consists entirely of 
 a grant for less than 15 percent of the cost of construction or 
 consists solely of the sale of revenue bonds, and a local 
 government unit that is the owner or operator of a solid waste 
 facility shall submit an annual report to the commissioner that 
 includes: 

    (1) a schedule of fees charged at the facility for waste 
 management, including all tipping fees, rates, charges, 
 surcharges, and any other fees charged to each classification of 
 customers; 

    (2) a description of the amounts and sources of capital 
 financing for the facility, including current debt and principal 
 and interest payments made on the debt to date; 

    (3) an accounting of the costs of administration and 
 operation of the facility; 

    (4) identification of the source and amount of any 
 additional financing for the administration or operation of the 
 facility not included in the fees reported under clause (1); and 

    (5) identification of the purposes of expenditure of any 
 fees reported under clause (1) that are not expended for 
 servicing or repaying debt on the facility or for administration 
 and operation of the facility. 

    (d) The agency may suspend the operation of a facility 
 whose permittee fails to file the information required under 
 this subdivision.  The owner or operator of a facility may not 
 increase fees until 30 days after the owner or operator has 
 submitted a fee schedule amendment to the commissioner.  

    Subd. 3.    Report.  (a) The commissioner shall report 
 to the 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 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. 

    HIST: 1989 c 325 s 28; 1990 c 604 art 10 s 5; 1992 c 593 art 1 
 s 30; 1993 c 249 s 26; 1994 c 585 s 31; 1995 c 247 art 2 s 23; 
 1996 c 470 s 17