115A.893 PETITION FOR EXCLUSION.
Subdivision 1. Petition for exclusion.
Any person proposing to own or operate a processing
facility using waste materials subject to a designation ordinance may petition the waste district
or county for exclusion of the materials from the designation ordinance. In order to qualify
for the exclusion of materials under this section, the petitioner shall submit with the petition
a written description of the proposed facility, its intended location, its waste supply sources,
purchasers of its products, its design capacity, and other information that the district or county
may reasonably require.
Subd. 2. Decision.
The district or county, after appropriate notice and hearing, shall issue a
written decision with findings of fact and conclusions on all material issues. The district or county
shall grant the petition if it determines that:
(1) the materials will be processed at the facility; and
(2) the exclusion can be implemented without impairing the financial viability of the
designated facility or impairing contractual obligations or preventing the performance of contracts
by the facility owner or operator, the district or county, or users of the facility.
Subd. 3. Appeal of decision.
A person aggrieved by the decision of the district or county
may appeal to the commissioner. The review is confined to the record. The decision of the
commissioner must be based on the standards stated in this section.
Subd. 4. Conformance of designation ordinance.
If the commissioner approves the
petition, the designation ordinance must be amended in conformance with the decision of the
commissioner. The petition may be amended during the proceedings by agreement between the
petitioner and the district or county.
History: 1985 c 274 s 10; 1989 c 325 s 16; 1994 c 639 art 5 s 3; 1Sp2005 c 1 art 2 s 161