2000 Minnesota Statutes

     383B.235 Resource recovery facilities. 

    Subdivision 1.  A resource recovery facility that reclaims, 
 burns, uses, processes, or disposes of more than 1,000 tons 
 average daily throughput of mixed municipal solid waste may not 
 be constructed within the boundaries of a city of the first 
 class having a population in excess of 300,000 unless the city 
 council approves the construction by a four-fifths vote. 

    Subd. 2.  Provided all environmental laws or regulations 
 administered by the Minnesota pollution control agency or 
 federal agencies are followed, and notwithstanding any ordinance 
 or municipal land use plan to the contrary, Hennepin county may 
 acquire land and construct one or two resource recovery 
 facilities, each not to exceed 1,000 tons average daily 
 throughput within the county; provided however, a resource 
 recovery facility shall not be built at the "west riverbank" 
 site in the city of Minneapolis as identified in the final 1983 
 report of the city-county resource recovery siting committee.  
 In choosing the two sites, Hennepin county shall fully consult 
 in good faith with any affected municipality.  In selecting 
 sites, the county board shall evaluate reasonable alternatives 
 for the resource recovery facilities, including any outside the 
 city of Minneapolis. 

    Subd. 3.    Existing facility may use capacity.  
 Notwithstanding subdivisions 1 and 2, an existing resource 
 recovery facility may reclaim, burn, use, process, or dispose of 
 mixed municipal solid waste to the full extent of its maximum 
 yearly capacity as of January 1, 2000.  The facility must 
 continue to comply with all federal and state environmental laws 
 and regulations and must obtain a conditional use permit from 
 the municipality where the facility is located. 

    HIST: 1984 c 654 art 2 s 29; 2000 c 488 art 3 s 30