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No new capacity for disposal of mixed municipal solid waste may be permitted in counties
outside the metropolitan area without a certificate of need issued by the commissioner indicating
the commissioner's determination that the additional disposal capacity is needed in the county. A
certificate of need may not be issued until the county has a plan approved under section 115A.46.
If the original plan was approved more than five years before, the commissioner may require the
plan to be revised before a certificate of need is issued under this section. The commissioner shall
certify need only to the extent that there are no feasible and prudent alternatives to the additional
disposal capacity, including waste reduction, source separation, and resource recovery, that would
minimize adverse impact upon natural resources. Alternatives that are speculative or conjectural
are not feasible and prudent. Economic considerations alone do not justify the certification of
need or the rejection of alternatives.
History: 1984 c 644 s 45; 1987 c 404 s 145; 1989 c 335 art 1 s 269; 1994 c 639 art 5 s
3; 1Sp2005 c 1 art 2 s 161

Official Publication of the State of Minnesota
Revisor of Statutes