2004 Minnesota Statutes

CHAPTER 116F. Recycling of solid waste

     116F.01 Statement of policy.  

    The legislature seeks to encourage both the reduction of 
 the amount and type of material entering the solid waste stream 
 and the reuse and recycling of materials.  Solid waste 
 represents discarded material and energy resources, and it also 
 represents an economic burden to the people of the state.  The 
 recycling of solid waste materials is one alternative for the 
 conservation of material and energy resources, but it is also in 
 the public interest to reduce the amount of materials requiring 
 recycling or disposal.  

    The legislature also seeks to encourage the design and 
 implementation of regional programs for materials conservation 
 which take into account the variations in solid waste generation 
 throughout the state.  

    HIST: 1973 c 748 s 1 

     116F.02 Definitions. 

    Subdivision 1.    Scope.  As used in sections 116F.01 to 
 116F.08, the 
 terms defined in this section have the meanings given to them.  

    Subd. 2.    Agency.  "Agency" means the Minnesota Pollution 
 Control 
 Agency.  

    Subd. 3. Repealed, 1980 c 564 art 13 s 2 

    Subd. 4. Repealed, 1980 c 564 art 13 s 2 

    Subd. 5. Repealed, 1980 c 564 art 13 s 2 

    Subd. 6.    Resource recovery system.  "Resource recovery 
 system" means any system used 
 for (a) the recovery of materials or energy from solid waste, or 
 for (b) the collection, transportation, separation, sorting, 
 processing or storage of solid materials which aids in the 
 recovery of materials or energy from solid waste.  

    Subd. 7.    Solid waste generation.  "Solid waste generation" 
 means that a solid 
 material in its final configuration has fulfilled the purpose 
 for which it was created, cannot be reused in its final 
 configuration, and must be disposed of or recycled into a new or 
 different product.  

    HIST: 1973 c 123 art 5 s 7; 1973 c 748 s 2 

  116F.03 Repealed, 1980 c 564 art 13 s 2 

  116F.04 Repealed, 1980 c 564 art 13 s 2 

     116F.05 Powers and duties. 

    Subdivision 1.    State powers.  In administering and 
 enforcing sections 116F.01 to 116F.08, the agency may: 

    (a) Initiate and conduct public education programs which 
 encourage the conservation of solid materials, the reduction of 
 solid waste generation, and the reduction of environmental 
 impact of solid waste; 

    (b) Encourage the development of markets for reusable or 
 recyclable solid materials; 

    (c) Conduct studies of the environmental, resource and 
 economic impact, and of the relative advisability or preference 
 of use, of various material components which enter the solid 
 waste stream; 

    (d) Develop recommendations to encourage redesign and the 
 standardization of material composition and configuration, in 
 order to facilitate material reuse or recyclability; 

    (e) Assist in the planning and development of resource 
 recovery systems; and 

    (f) Encourage the extension of the useful lives of 
 products, and the reduction of both solid waste generation and 
 solid waste management costs. 

    Subd. 2. Repealed, 1980 c 564 art 13 s 2 

    Subd. 3.    Limitation.  In exercising its powers under 
 this section, the agency shall seek those alternatives which 
 maximize the conservation of energy and materials while 
 minimizing the environmental impact and the cost to the people 
 of the state.  Consideration shall be given to economic factors, 
 including but not limited to, effects on the labor force. 

    HIST: 1973 c 748 s 5 

     116F.06 Packages and containers; assistance; orders; 
  report. 

    Subdivision 1.    Advice and assistance.  The agency shall 
 advise and assist industry 
 and business within the state in providing and developing 
 packaging and containers consistent with environmental policies 
 of the state.  

    Subd. 2.    Agency review; sale prohibition.  The agency shall 
 review new or revised packages 
 or containers except when such changes involve only color, size, 
 shape or printing.  The agency shall review innovations 
 including, but not limited to, changes in constituent materials 
 or combinations thereof and changes in closures.  When the 
 agency determines that any new or revised package or container 
 would constitute a solid waste disposal problem or be 
 inconsistent with state environmental policies, the manufacturer 
 of the product may withdraw it from further consideration until 
 such time as the manufacturer may resubmit such product to the 
 agency, or, the agency may, by order made after notice and 
 hearing as provided in chapter 14, and following an additional 
 period not to exceed 30 days during which the Environmental 
 Quality Board may review the proposed action, prohibit the sale 
 of the package or container in the state.  Any such prohibition 
 shall continue in effect until revoked by the agency or until 
 the last legislative day of the next following legislative 
 session, whichever occurs first, unless extended by law.  This 
 subdivision shall not apply to any package or container sold at 
 retail in this state prior to September 7, 1979. 

    Subd. 3.    Guidelines.  The agency shall adopt and may amend or 
 rescind 
 guidelines identifying the types of new or revised containers 
 and packaging that are subject to its review after notice and 
 hearing as provided in section 14.14, subdivision 1.  Any person 
 may submit to the agency a sample of a package or container for 
 agency review.  The agency shall review the sample, and may 
 require the person to furnish such additional samples and 
 information as may be necessary for it to determine the 
 environmental or solid waste disposal problems that the 
 container or packaging would cause.  Except as may be necessary 
 in connection with any public hearing, the agency shall keep the 
 samples and information confidential if the person submitting 
 them certifies that disclosure of said samples and information 
 would affect the competitive position of the person.  If the 
 agency fails to issue an order prohibiting sale of a package or 
 container within 120 days after the sample was submitted, the 
 agency shall not prohibit it thereafter.  The agency may, 
 however, for good cause, order the 120-day period to be extended 
 for an additional period not to exceed 30 days.  

    Subd. 4.    Agency report.  The agency's report to the 
 legislature on 
 progress on abatement of land pollution required by section 
 116.10, shall be supplemented by annual recommendations 
 concerning problems relating to solid waste generation and 
 suggested remedies, including but not limited to the prohibition 
 of the sale or use of any package or container. 

    Subd. 5.    Provisions not severable.  The provisions of this 
 section shall not be 
 severable.  If any provision of this section is found to be void 
 for any reason, the remaining provisions of the section shall be 
 void also. 

    HIST: 1973 c 748 s 6; 1975 c 271 s 6; 1981 c 356 s 316; 1982 c 
 424 s 130 

  116F.07 Repealed, 1974 c 78 s 2 

     116F.08 Penalties. 

    Any person, corporation, partnership, firm, association, 
 political subdivision or body corporate and politic which 
 violates any provision of sections 116F.01 to 116F.06, or any 
 rule promulgated thereunder, shall be guilty of a misdemeanor; 
 and each day that a violation occurs or continues may be deemed 
 a separate offense.  In addition, the agency may revoke the 
 grant of any grantee violating the provisions of sections 
 116F.01 to 116F.06, or may seek other equitable or legal relief. 

    HIST: 1973 c 748 s 8; 1976 c 2 s 54; 1976 c 239 s 25; 1985 c 
 248 s 70 

  116F.21 Repealed, 1981 c 151 s 2 

  116F.22 Repealed, 1981 c 151 s 2 

     116F.30 Conservation of biomass fuel, firewood. 

    In any instance where trees or portions of trees usable as 
 firewood are removed from property under the control of a public 
 utility, pipeline company, railroad, state agency or department, 
 or a political subdivision, that portion of the tree material 
 that is six inches or larger in diameter shall not be destroyed 
 by open burning or deposited in a landfill without first having 
 been offered for use to the public, subject to the approval of 
 the landowner or landowners involved.  This section shall not 
 apply to tree material removed in a program of sanitation or 
 disease control, as defined in Minnesota Statutes, 1979 
 Supplement, section 18.023.  

    HIST: 1980 c 614 s 185