2005 Minnesota Statutes

     115A.97 Special waste; incinerator ash. 

    Subdivision 1.    Policy; goals.  It is the policy of 
 the legislature that mixed municipal solid waste incinerators be 
 planned and managed to achieve to the maximum extent feasible 
 and prudent: 

    (1) reduction of the toxicity of incinerator ash; 

    (2) reduction of the quantity of the incinerator ash; and 

    (3) reduction of the quantity of waste processing residuals 
 that require disposal. 

    The purpose of this section is to establish temporary and 
 permanent programs to achieve these reduction goals. 

    Subd. 2.    Definitions.  For the purposes of this 
 section the following terms have the meanings given them. 

    "Incinerator ash" means ash resulting from the combustion 
 of mixed municipal solid waste and ash resulting from the 
 combustion of refuse-derived fuel. 

    "Noncombustible fraction" means constituents of mixed 
 municipal solid waste, including glass, ferrous metals, 
 nonferrous metals and other inorganics, that, when burned, 
 disproportionately add to the quantity of incinerator ash. 

    Subd. 3.    Rules.  The agency shall adopt rules to 
 establish techniques to measure the noncombustible fraction of 
 mixed municipal solid waste prior to incineration or processing 
 into refuse-derived fuel and for at least the testing, 
 management, and disposal of incinerator ash.  The rules must be 
 designed to meet the goals in subdivision 1. 

    Subd. 4. Repealed, 1996 c 310 s 1 

    Subd. 5.    Plans; report.  A county solid waste plan, 
 or revision of a plan, that includes incineration of mixed 
 municipal solid waste must clearly state how the county plans to 
 meet the goals in subdivision 1 of reducing the toxicity and 
 quantity of incinerator ash and of reducing the quantity of 
 processing residuals that require disposal.  The director, in 
 cooperation with the agency and the counties, may develop 
 guidelines for counties to use to identify ways to meet the 
 goals in subdivision 1. 

    Subd. 6.    Permits; agency report.  An application for 
 a permit to build or operate a mixed municipal solid waste 
 incinerator, including an application for permit renewal, must 
 clearly state how the applicant will achieve the goals in 
 subdivision 1 of reducing the toxicity and quantity of 
 incinerator ash and of reducing the quantity of processing 
 residuals that require disposal.  The agency, in cooperation 
 with the director and the counties, may develop guidelines for 
 applicants to use to identify ways to meet the goals in 
 subdivision 1. 

    If, by January 1, 1990, the rules required by subdivision 3 
 are not in at least final draft form, the agency shall report to 
 the Legislative Commission on Waste Management on the status of 
 current incinerator ash management programs with recommendations 
 for specific legislation to meet the goals of subdivision 1. 

    HIST: 1988 c 685 s 13; 1989 c 335 art 1 s 269; 1990 c 469 s 1; 
 1991 c 337 s 52; 1994 c 639 art 5 s 3; 1995 c 247 art 2 s 21,22