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Minnesota Legislature

Office of the Revisor of Statutes

CHAPTER 115A. WASTE MANAGEMENT

Table of Sections
SectionHeadnote

CITATION, PURPOSE, AND DEFINITIONS

115A.01CITATION.
115A.02LEGISLATIVE DECLARATION OF POLICY; PURPOSES.
115A.03DEFINITIONS.

ENFORCEMENT

115A.034ENFORCEMENT.

OFFICE OF ENVIRONMENTAL ASSISTANCE

115A.04Repealed, 1989 c 335 art 1 s 270
115A.05Repealed, 1989 c 335 art 1 s 270
115A.055OFFICE OF ENVIRONMENTAL ASSISTANCE.

POLLUTION CONTROL AGENCY

115A.06POWERS OF THE POLLUTION CONTROL AGENCY.
115A.07DUTIES; GENERAL.
115A.071Repealed, 1984 c 644 s 82
115A.0715Repealed, 1996 c 470 s 29
115A.0716ENVIRONMENTAL ASSISTANCE GRANT AND LOAN PROGRAM.
115A.072PUBLIC EDUCATION.
115A.073ENVIRONMENTAL EDUCATION GOALS AND PLAN.
115A.074ENVIRONMENTAL EDUCATION RESOURCE CENTERS.
115A.075LEGISLATIVE POLICY AGAINST DISPOSAL OF HAZARDOUS WASTE.
115A.08Repealed, 1996 c 310 s 1
115A.09Repealed, 1996 c 310 s 1
115A.10DUTIES OF THE POLLUTION CONTROL AGENCY; HAZARDOUS WASTE FACILITIES; ENCOURAGEMENT OF PRIVATE ENTERPRISE.
115A.11HAZARDOUS WASTE MANAGEMENT PLAN.
115A.12ADVISORY COUNCILS.
115A.13Repealed, 1987 c 348 s 52
115A.14Repealed, 1996 c 310 s 1

STATE RESOURCE RECOVERY PROGRAM

115A.15STATE GOVERNMENT RESOURCE RECOVERY.
115A.151RECYCLABLE MATERIAL CONTAINER REQUIREMENTS; PUBLIC ENTITIES.

HAZARDOUS AND INDUSTRIAL WASTE

115A.152TECHNICAL AND RESEARCH ASSISTANCE TO GENERATORS.
115A.154Repealed, 1996 c 470 s 29
115A.156Repealed, 1996 c 470 s 29
115A.158DEVELOPMENT OF PROCESSING AND COLLECTION FACILITIES AND SERVICES; REQUESTS FOR PROPOSALS.
115A.159Repealed, 1999 c 86 art 1 s 83
115A.162Repealed, 1989 c 335 art 1 s 270
115A.165Repealed, 1995 c 247 art 1 s 67
115A.17Repealed, 1986 c 425 s 46
115A.175SITING AND FACILITY DEVELOPMENT AUTHORITY; LIMITATIONS.
115A.18LEGISLATIVE FINDINGS; PURPOSE.
115A.19PROCEDURE NOT EXCLUSIVE.
115A.191VOLUNTARY CONTRACTS WITH COUNTIES.
115A.192SELECTION OF DEVELOPER OF STABILIZATION AND CONTAINMENT FACILITY; REQUEST FOR PROPOSALS.
115A.193REPORT ON FACILITY DEVELOPMENT.
115A.194EVALUATION AND SELECTION OF SITES; PERMITS.
115A.195PUBLIC PARTICIPATION IN OWNERSHIP AND MANAGEMENT OF FACILITY.
115A.20EVALUATION OF SITES.
115A.201Repealed, 1996 c 310 s 1
115A.21Repealed, 1996 c 310 s 1
115A.22Repealed, 1996 c 310 s 1
115A.23Repealed, 1983 c 373 s 72
115A.24STABILIZATION AND CONTAINMENT FACILITIES; ESTIMATE OF NEED; ANALYSIS OF ECONOMIC FEASIBILITY.
115A.241Repealed, 1996 c 310 s 1
115A.25Repealed, 1996 c 310 s 1
115A.26Repealed, 1996 c 310 s 1
115A.27Repealed, 1996 c 310 s 1
115A.28FINAL DECISION.
115A.29Repealed, 1996 c 310 s 1
115A.291Repealed, 1996 c 310 s 1
115A.30JUDICIAL REVIEW.
115A.301INDEMNIFICATION FOR CERTAIN DAMAGES ARISING FROM STABILIZATION AND CONTAINMENT FACILITY.
115A.31LOCAL GOVERNMENT DECISIONS; TIMELINES.

SUPPLEMENTARY REVIEW OF CERTAIN WASTE FACILITIES

115A.32RULES.
115A.33ELIGIBILITY; REQUEST FOR REVIEW.
115A.34APPOINTMENT OF TEMPORARY BOARD MEMBERS.
115A.35REVIEW PROCEDURE.
115A.36SCOPE AND CONTENT OF REVIEW.
115A.37FINAL DECISION OF BOARD.
115A.38RECONCILIATION PROCEDURES.
115A.39JUDICIAL REVIEW.

SOLID WASTE MANAGEMENT POLICY AND PROGRAMS

115A.41Repealed, 1988 c 685 s 44
115A.411SOLID WASTE MANAGEMENT POLICY; CONSOLIDATED REPORT.
115A.415SUBSTANDARD DISPOSAL FACILITIES.
115A.42REGIONAL AND LOCAL SOLID WASTE MANAGEMENT PLANNING.
115A.43Repealed, 1987 c 348 s 52
115A.44Repealed, 1987 c 348 s 52
115A.45TECHNICAL ASSISTANCE.
115A.46REGIONAL AND LOCAL SOLID WASTE MANAGEMENT PLAN REQUIREMENTS.
115A.47Repealed, 1995 c 247 art 2 s 55
115A.471PUBLIC ENTITIES; MANAGEMENT OF SOLID WASTE.
115A.48MARKET DEVELOPMENT FOR RECYCLABLE MATERIALS AND COMPOST.
115A.49SOLID WASTE MANAGEMENT PROJECTS.
115A.50ELIGIBLE RECIPIENTS.
115A.51APPLICATION REQUIREMENTS.
115A.52TECHNICAL ASSISTANCE FOR PROJECTS.
115A.53Repealed, 1996 c 470 s 29
115A.54WASTE PROCESSING FACILITIES.
115A.541PLAN; GRANT REQUIREMENT.
115A.542Repealed, 1994 c 585 s 57
115A.545MIXED MUNICIPAL SOLID WASTE PROCESSING PAYMENT.
115A.55SOLID WASTE REDUCTION.
115A.5501REDUCTION OF PACKAGING IN WASTE.
115A.5502PACKAGING PRACTICES; PREFERENCES; GOALS.
115A.551RECYCLING.
115A.552OPPORTUNITY TO RECYCLE.
115A.553COLLECTION AND TRANSPORTATION OF RECYCLABLE MATERIALS.
115A.554AUTHORITY OF SANITARY DISTRICTS.
115A.555RECYCLING CENTER DESIGNATION.
115A.556MATERIALS USED FOR RECYCLING.
115A.557COUNTY WASTE REDUCTION AND RECYCLING FUNDING.
115A.558SAFETY GUIDE.
115A.56Repealed, 1996 c 359 s 11

STATE WASTE MANAGEMENT BONDS

115A.57Repealed, 1989 c 271 s 36
115A.58MINNESOTA STATE WASTE MANAGEMENT BONDS.
115A.59BOND AUTHORIZATION AND APPROPRIATION OF PROCEEDS.

SOLID WASTE MANAGEMENT DISTRICTS

115A.62PURPOSE; PUBLIC INTEREST; DECLARATION OF POLICY.
115A.63SOLID WASTE MANAGEMENT DISTRICTS.
115A.64PROCEDURE FOR ESTABLISHMENT AND ALTERATION.
115A.65PERPETUAL EXISTENCE.
115A.66TERMINATION.
115A.67ORGANIZATION OF DISTRICT.
115A.68REGISTERED OFFICE.
115A.69POWERS.
115A.70DESIGNATION OF RESOURCE RECOVERY FACILITIES; REQUIRED USE.
115A.71BONDING POWERS.
115A.715SOLID WASTE AUTHORITY.
115A.72AUDIT.

DESIGNATION OF SOLID WASTE MANAGEMENT FACILITIES

115A.80DESIGNATION OF SOLID WASTE MANAGEMENT FACILITIES; PURPOSE.
115A.81DEFINITIONS.
115A.82ELIGIBILITY.
115A.83WASTES SUBJECT TO DESIGNATION; EXEMPTIONS.
115A.84DESIGNATION PLAN.
115A.85PROCEDURE.
115A.86IMPLEMENTATION OF DESIGNATION.
115A.87JUDICIAL REVIEW; ATTORNEY GENERAL TO PROVIDE COUNSEL.
115A.88SERVICE GUARANTEE.
115A.882RECORDS; INSPECTION.
115A.89SUPERVISION OF IMPLEMENTATION.
115A.893PETITION FOR EXCLUSION.

WASTE TIRES, BATTERIES, AND USED OIL

115A.90DEFINITIONS.
115A.902PERMIT; TIRE COLLECTORS, PROCESSORS.
115A.904LAND DISPOSAL PROHIBITED.
115A.906Repealed, 1Sp2001 c 2 s 162
115A.908MOTOR VEHICLE TRANSFER FEE.
115A.909SHREDDER RESIDUE; MANAGEMENT.
115A.912WASTE TIRE MANAGEMENT.
115A.913Repealed, 2002 c 382 art 1 s 6
115A.914ADMINISTRATION; COUNTY PLANNING AND ORDINANCES.
115A.915LEAD ACID BATTERIES; LAND DISPOSAL PROHIBITED.
115A.9152TRANSPORTATION OF USED LEAD ACID BATTERIES.
115A.9155DISPOSAL OF CERTAIN DRY CELL BATTERIES.
115A.9157RECHARGEABLE BATTERIES AND PRODUCTS.
115A.916MOTOR VEHICLE FLUIDS AND FILTERS; PROHIBITIONS.
115A.9162Repealed, 1996 c 470 s 29

NEW DISPOSAL FACILITIES; CERTIFICATE OF NEED

115A.917CERTIFICATE OF NEED.

DISPOSAL FACILITIES; LOCAL FEE AUTHORITY

115A.918DEFINITIONS.
115A.919COUNTY FEE AUTHORITY.
115A.921CITY OR TOWN FEE AUTHORITY.
115A.922Repealed, 1990 c 604 art 10 s 32
115A.923GREATER MINNESOTA LANDFILL CLEANUP FEE.
115A.924Repealed, 1990 c 604 art 10 s 32
115A.925Repealed, 1990 c 604 art 10 s 32
115A.927Repealed, 1990 c 604 art 10 s 32
115A.928Repealed, 1990 c 604 art 10 s 32
115A.929FEES; ACCOUNTING.

SOLID WASTE COLLECTION REQUIREMENTS

115A.93LICENSING OF SOLID WASTE COLLECTION.
115A.9301SOLID WASTE COLLECTION; VOLUME- OR WEIGHT-BASED PRICING.
115A.9302WASTE DEPOSIT DISCLOSURE.

PROHIBITIONS: YARD WASTE, MERCURY, AND

SOLID WASTE IMPORTATION

115A.931YARD WASTE PROHIBITION.
115A.932MERCURY PROHIBITION.
115A.935SOLID WASTE GENERATED OUTSIDE OF MINNESOTA.

ORGANIZED AND MANDATORY COLLECTION

115A.94ORGANIZED COLLECTION.
115A.941SOLID WASTE; REQUIRED COLLECTION.

VISIBLE COSTS

115A.945VISIBLE SOLID WASTE MANAGEMENT COSTS.

RECYCLABLE MATERIALS PROHIBITED FROM CERTAIN FACILITIES

115A.95RECYCLABLE MATERIALS.

TELEPHONE DIRECTORIES

115A.951TELEPHONE DIRECTORIES.

PROBLEM MATERIALS

115A.952RETAIL SALE OF PROBLEM MATERIALS; UNIFORM LABELING AND CONSUMER INFORMATION.
115A.9523Repealed, 1997 c 216 s 160
115A.953Repealed, 1991 c 337 s 90
115A.956SOLID WASTE DISPOSAL PROBLEM MATERIALS.
115A.9561MAJOR APPLIANCES.
115A.9565CATHODE-RAY TUBE PROHIBITION.
115A.96HOUSEHOLD HAZARDOUS WASTE MANAGEMENT.
115A.961HOUSEHOLD BATTERIES; COLLECTION, PROCESSING, AND DISPOSAL.
115A.965PROHIBITIONS ON SELECTED TOXICS IN PACKAGING.
115A.9651LISTED METALS IN SPECIFIED PRODUCTS; ENFORCEMENT.
115A.97SPECIAL WASTE; INCINERATOR ASH.
115A.98Repealed, 1989 c 325 s 77
115A.981Repealed, 2000 c 370 s 5

LITTER

115A.99LITTER PENALTIES AND DAMAGES.
115A.991Repealed, 1996 c 470 s 29

CITATION, PURPOSE, AND DEFINITIONS

115A.01 CITATION.
Chapter 115A shall be known as the Waste Management Act.
History: 1980 c 564 art 1 s 1; 1989 c 325 s 1
115A.02 LEGISLATIVE DECLARATION OF POLICY; PURPOSES.
(a) It is the goal of this chapter to protect the state's land, air, water, and other natural
resources and the public health by improving waste management in the state to serve the
following purposes:
(1) reduction in the amount and toxicity of waste generated;
(2) separation and recovery of materials and energy from waste;
(3) reduction in indiscriminate dependence on disposal of waste;
(4) coordination of solid waste management among political subdivisions; and
(5) orderly and deliberate development and financial security of waste facilities including
disposal facilities.
(b) The waste management goal of the state is to foster an integrated waste management
system in a manner appropriate to the characteristics of the waste stream and thereby protect the
state's land, air, water, and other natural resources and the public health. The following waste
management practices are in order of preference:
(1) waste reduction and reuse;
(2) waste recycling;
(3) composting of yard waste and food waste;
(4) resource recovery through mixed municipal solid waste composting or incineration;
(5) land disposal which produces no measurable methane gas or which involves the retrieval
of methane gas as a fuel for the production of energy to be used on-site or for sale; and
(6) land disposal which produces measurable methane and which does not involve the
retrieval of methane gas as a fuel for the production of energy to be used on-site or for sale.
History: 1980 c 564 art 1 s 2; 1989 c 325 s 2; 1991 c 337 s 5; 1992 c 593 art 1 s 4; 1994 c
585 s 2; 1999 c 231 s 131
115A.03 DEFINITIONS.
    Subdivision 1. Applicability. For the purposes of this chapter, the terms defined in this
section have the meanings given them, unless the context requires otherwise.
    Subd. 2. Agency. "Agency" means the Pollution Control Agency.
    Subd. 3.[Repealed, 1989 c 335 art 1 s 270]
    Subd. 3a. Arrange for management. "Arrange for management" means an activity
undertaken by a person that determines the ultimate disposition of solid waste that is under the
control of the person, including delivery of the waste to a transfer station for transport to another
solid waste management facility. Knowledge of the destination of waste by a generator is by itself
insufficient for arranging for management unless the generator knows that the destination is an
environmentally inferior facility as defined in this section, has the ability to redirect the waste
to an environmentally superior facility and ensure its delivery to that facility, and chooses not
to redirect the waste.
    Subd. 4. Cities. "Cities" means statutory and home rule charter cities and towns authorized
to plan under sections 462.351 to 462.364.
    Subd. 5. Collection. "Collection" means the aggregation of waste from the place at which it
is generated and includes all activities up to the time the waste is delivered to a waste facility.
    Subd. 6. Commercial waste facility. "Commercial waste facility" means a waste facility
established and permitted to sell waste processing or disposal services to generators other than the
owner and operator of the facility.
    Subd. 6a. Commissioner. "Commissioner" means the commissioner of the Pollution Control
Agency.
    Subd. 7. Construction debris. "Construction debris" means waste building materials,
packaging, and rubble resulting from construction, remodeling, repair, and demolition of
buildings and roads.
    Subd. 7a. Containment. "Containment" means isolating, controlling, and monitoring waste
in a waste facility in order to prevent a release of waste from the facility that would have an
adverse impact upon human health and the environment.
    Subd. 8. Development region. "Development region" means a region designated pursuant to
sections 462.381 to 462.397.
    Subd. 8a.[Repealed, 1Sp2005 c 1 art 2 s 162]
    Subd. 9. Disposal or dispose. "Disposal" or "dispose" means the discharge, deposit,
injection, dumping, spilling, leaking, or placing of any waste into or on any land or water so that
the waste or any constituent thereof may enter the environment or be emitted into the air, or
discharged into any waters, including ground waters.
    Subd. 10. Disposal facility. "Disposal facility" means a waste facility permitted by the agency
that is designed or operated for the purpose of disposing of waste on or in the land, together with
any appurtenant facilities needed to process waste for disposal or transfer to another waste facility.
    Subd. 10a. Environmentally inferior. "Environmentally inferior" means a solid waste
management method that is lower on the list of preferred waste management methods in section
115A.02 than a solid waste management method chosen by a county or, as applied to a facility,
means a waste management facility that utilizes a waste management method that is lower on the
list of preferred waste management methods than the waste management method chosen by a
county. In addition, as applied to disposal facilities, a facility that does not meet the standards for
new facilities in Code of Federal Regulations, title 40, chapters 257 and 258, is environmentally
inferior to a facility that does meet these standards.
    Subd. 11. Generation. "Generation" means the act or process of producing waste.
    Subd. 12. Generator. "Generator" means any person who generates waste.
    Subd. 13. Hazardous waste. "Hazardous waste" has the meaning given it in section 116.06,
subdivision 11
.
    Subd. 13a. Industrial waste. "Industrial waste" means solid waste resulting from an
industrial, manufacturing, service, or commercial activity that is managed as a separate waste
stream.
    Subd. 14. Intrinsic hazard. "Intrinsic hazard" of a waste means the propensity of the waste
to migrate in the environment, and thereby to become exposed to the public, and the significance
of the harm or damage likely to result from exposure of natural resources or the public to the
waste, as a result of such inherent or induced attributes of the waste as its chemical and physical
stability, solubility, bioconcentratability, toxicity, flammability, and corrosivity.
    Subd. 15. Intrinsic suitability. "Intrinsic suitability" of a land area or site means that, based
on existing data on the inherent and natural attributes, physical features, and location of the land
area or site, there is no known reason why the waste facility proposed to be located in the area or
site cannot reasonably be expected to qualify for permits in accordance with agency rules. Agency
certification of intrinsic suitability shall be based on data submitted to the agency by the proposing
entity and data included by the administrative law judge in the record of any public hearing on
recommended certification, and applied against criteria in agency rules and any additional criteria
developed by the agency in effect at the time the proposing entity submits the site for certification.
In the event that all candidate sites selected by the board before May 3, 1984, are eliminated
from further consideration and a new search for candidate sites is commenced, "intrinsic
suitability" of a land area or site shall mean that, because of the inherent and natural attributes,
physical features, and location of the land area or site, the waste facility proposed to be located in
the area or site would not be likely to result in material harm to the public health and safety and
natural resources and that therefore the proposed facility can reasonably be expected to qualify
for permits in accordance with agency rules.
    Subd. 16.[Repealed, 1997 c 7 art 1 s 26]
    Subd. 17. Local government unit. "Local government unit" means cities, towns, and
counties.
    Subd. 17a. Major appliances. "Major appliances" means clothes washers and dryers,
dishwashers, hot water heaters, heat pumps, furnaces, garbage disposals, trash compactors,
conventional and microwave ovens, ranges and stoves, air conditioners, dehumidifiers,
refrigerators, and freezers.
    Subd. 18. Metropolitan area. "Metropolitan area" has the meaning given it in section
473.121.
    Subd. 19. Metropolitan Council. "Metropolitan Council" means the council established
in chapter 473.
    Subd. 20.[Repealed, 1994 c 628 art 3 s 209]
    Subd. 21. Mixed municipal solid waste. (a) "Mixed municipal solid waste" means garbage,
refuse, and other solid waste from residential, commercial, industrial, and community activities
that the generator of the waste aggregates for collection, except as provided in paragraph (b).
(b) Mixed municipal solid waste does not include auto hulks, street sweepings, ash,
construction debris, mining waste, sludges, tree and agricultural wastes, tires, lead acid batteries,
motor and vehicle fluids and filters, and other materials collected, processed, and disposed of as
separate waste streams, but does include source-separated compostable materials.
    Subd. 22. Natural resources. "Natural resources" has the meaning given it in chapter 116B.
    Subd. 22a.[Repealed, 1Sp2005 c 1 art 2 s 162]
    Subd. 22b. Packaging. "Packaging" means a container and any appurtenant material that
provide a means of transporting, marketing, protecting, or handling a product. "Packaging"
includes pallets and packing such as blocking, bracing, cushioning, weatherproofing, strapping,
coatings, closures, inks, dyes, pigments, and labels.
    Subd. 23. Person. "Person" has the meaning given it in section 116.06, but does not include
the Pollution Control Agency.
    Subd. 24. Political subdivision. "Political subdivision" means any municipal corporation,
governmental subdivision of the state, local government unit, special district, or local or regional
board, commission, or authority authorized by law to plan or provide for waste management.
    Subd. 24a. Problem material. "Problem material" means a material that, when it is
processed or disposed of with mixed municipal solid waste, contributes to one or more of the
following results:
(1) the release of a hazardous substance, or pollutant or contaminant, as defined in section
115B.02, subdivisions 8, 13, and 15;
(2) pollution of water as defined in section 115.01, subdivision 13;
(3) air pollution as defined in section 116.06, subdivision 4; or
(4) a significant threat to the safe or efficient operation of a solid waste facility.
    Subd. 24b. Postconsumer material. "Postconsumer material" means a finished material that
would normally be discarded as a solid waste having completed its life cycle as a consumer item.
    Subd. 25. Processing. "Processing" means the treatment of waste after collection and before
disposal. Processing includes but is not limited to reduction, storage, separation, exchange,
resource recovery, physical, chemical, or biological modification, and transfer from one waste
facility to another.
    Subd. 25a. Recyclable materials. "Recyclable materials" means materials that are separated
from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics,
metals, automobile oil, and batteries. Refuse-derived fuel or other material that is destroyed
by incineration is not a recyclable material.
    Subd. 25b. Recycling. "Recycling" means the process of collecting and preparing recyclable
materials and reusing the materials in their original form or using them in manufacturing processes
that do not cause the destruction of recyclable materials in a manner that precludes further use.
    Subd. 25c. Recycling facility. "Recycling facility" means a facility at which materials are
prepared for reuse in their original form or for use in manufacturing processes that do not cause
the destruction of the materials in a manner that precludes further use.
    Subd. 26. Regional development commission. "Regional development commission" means
a commission established pursuant to sections 462.381 to 462.397.
    Subd. 26a. Resource conservation. "Resource conservation" means the reduction in the use
of water, energy, and raw materials.
    Subd. 27. Resource recovery. "Resource recovery" means the reclamation for sale, use, or
reuse of materials, substances, energy, or other products contained within or derived from waste.
    Subd. 28. Resource recovery facility. "Resource recovery facility" means a waste facility
established and used primarily for resource recovery, including related and appurtenant facilities
such as transmission facilities and transfer stations primarily serving the resource recovery facility.
    Subd. 28a. Retrievable storage. "Retrievable storage" means a method of disposal whereby
wastes are placed in a facility established pursuant to sections 115A.18 to 115A.30 for an
indeterminate period in a manner designed to allow the removal of the waste at a later time.
    Subd. 28b. Sanitary district. "Sanitary district" means a sanitary district with the authority
to regulate solid waste.
    Subd. 29. Sewage sludge. "Sewage sludge" means solid, semisolid, or liquid residue
generated during the treatment of domestic sewage in a treatment works. It includes, but is not
limited to, scum or solids removed in primary, secondary, or advanced wastewater treatment
processes and a material derived from sewage sludge. Sewage sludge does not include ash
generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings
generated during preliminary treatment of domestic sewage in a treatment works. Sewage sludge
that is acceptable and beneficial for recycling on land as a soil conditioner and nutrient source
is also known as biosolids.
    Subd. 30. Sewage sludge disposal facility. "Sewage sludge disposal facility" means
property owned or leased by a political subdivision and used for interim or final disposal or
land spreading of sewage sludge.
    Subd. 31. Solid waste. "Solid waste" has the meaning given it in section 116.06, subdivision
22
.
    Subd. 32. Solid waste management district or waste district. "Solid waste management
district" or "waste district" means a geographic area extending into two or more counties in which
the management of solid waste is vested in a special district established pursuant to sections
115A.62 to 115A.72.
    Subd. 32a.MS 1994 [Renumbered subd 32c]
    Subd. 32a. Source-separated compostable materials. "Source-separated compostable
materials" means mixed municipal solid waste that:
(1) is separated at the source by waste generators for the purpose of preparing it for use as
compost;
(2) is collected separately from other mixed municipal solid wastes;
(3) is comprised of food wastes, fish and animal waste, plant materials, diapers, sanitary
products, and paper that is not recyclable because the commissioner has determined that no other
person is willing to accept the paper for recycling; and
(4) is delivered to a facility to undergo controlled microbial degradation to yield a humus-like
product meeting the agency's class I or class II, or equivalent, compost standards and where
process residues do not exceed 15 percent by weight of the total material delivered to the facility.
    Subd. 32b.MS 1994 [Renumbered subd 32d]
    Subd. 32b. Source-separated recyclable materials. "Source-separated recyclable materials"
means recyclable materials, including commingled recyclable materials, that are separated by the
generator.
    Subd. 32c. Stabilization. "Stabilization" means a chemical or thermal process in which
materials or energy are added to waste in order to reduce the possibility of migration of any
hazardous constituents of the resulting stabilized waste in preparation for placement of the waste
in a stabilization and containment facility.
    Subd. 32d. Stabilization and containment facility. "Stabilization and containment facility"
means a waste facility that is designed for stabilization and containment of waste, together with
other appurtenant facilities needed to process waste for stabilization, containment, or transfer to
another facility.
    Subd. 33. Transfer station. "Transfer station" means an intermediate waste facility in
which waste collected from any source is temporarily deposited to await transportation to another
waste facility.
    Subd. 34. Waste. "Waste" means solid waste, sewage sludge, and hazardous waste.
    Subd. 35. Waste facility. "Waste facility" means all property, real or personal, including
negative and positive easements and water and air rights, which is or may be needed or useful for
the processing or disposal of waste, except property for the collection of the waste and property
used primarily for the manufacture of scrap metal or paper. Waste facility includes but is not
limited to transfer stations, processing facilities, and disposal sites and facilities.
    Subd. 36. Waste management. "Waste management" means activities which are intended to
affect or control the generation of waste and activities which provide for or control the collection,
processing and disposal of waste.
    Subd. 36a. Waste management method chosen by a county. "Waste management method
chosen by a county" means:
(1) a waste management method that is mandated for waste generated in the county by
section 115A.415, 473.848, 473.849, or other state law, or by county ordinance based on the
county solid waste management plan developed, adopted, and approved under section 115A.46 or
458D.05 or the county solid waste management master plan developed, adopted, and approved
under section 473.803; or
(2) a waste management facility or facilities, developed under the county solid waste
management plan or master plan, to which solid waste generated in a county is directed by an
ordinance developed, adopted, and approved under sections 115A.80 to 115A.893.
    Subd. 36b. Waste reduction or source reduction. "Waste reduction" or "source reduction"
means an activity that prevents generation of waste or the inclusion of toxic materials in waste,
including:
(1) reusing a product in its original form;
(2) increasing the life span of a product;
(3) reducing material or the toxicity of material used in production or packaging; or
(4) changing procurement, consumption, or waste generation habits to result in smaller
quantities or lower toxicity of waste generated.
    Subd. 37. Waste rendered nonhazardous. "Waste rendered nonhazardous" means (1) waste
excluded from regulation as a hazardous waste under the delisting requirements of United States
Code, title 42, section 6921 and any federal and state delisting rules, and (2) other nonhazardous
residual waste from the processing of hazardous waste.
    Subd. 38. Yard waste. "Yard waste" means garden wastes, leaves, lawn cuttings, weeds,
shrub and tree waste, and prunings.
History: 1980 c 564 art 1 s 3; 1981 c 352 s 1,2; 1983 c 373 s 5,6; 1984 c 640 s 32; 1984 c
644 s 1,2; 1985 c 274 s 1-3; 1986 c 425 s 12-17; 1987 c 348 s 1,2; 1988 c 524 s 1; 1988 c 685 s
3,4,21; 1989 c 325 s 3; 1989 c 335 art 1 s 128,129,269; 1Sp1989 c 1 art 18 s 3; art 20 s 1,2;
1991 c 303 s 1; 1991 c 337 s 6,7,44; 1992 c 593 art 1 s 5-7,28; 1993 c 249 s 7,8,61; 1994 c
548 s 1; 1994 c 585 s 3; 1994 c 639 art 5 s 3; 1995 c 220 s 96; 1995 c 247 art 1 s 66; 1996 c
470 s 2-5; 1Sp2005 c 1 art 2 s 161

ENFORCEMENT

115A.034 ENFORCEMENT.
This chapter may be enforced under sections 115.071 and 116.072.
History: 1992 c 593 art 1 s 8; 1993 c 249 s 9

OFFICE OF ENVIRONMENTAL ASSISTANCE

115A.04 [Repealed, 1989 c 335 art 1 s 270]
115A.05 [Repealed, 1989 c 335 art 1 s 270]
115A.055 OFFICE OF ENVIRONMENTAL ASSISTANCE.
    Subdivision 1.[Repealed, 1Sp2005 c 1 art 2 s 162]
    Subd. 2. Transfer of additional powers and duties. After July 1, 1994, the solid and
hazardous waste management powers and duties of the office and director transferred to them
from the Metropolitan Council by Laws 1994, chapter 639, article 5, section 2, are governed by
sections 473.149, 473.151, and 473.801 to 473.849.
History: 1989 c 335 art 1 s 130; 1994 c 639 art 5 s 1; 1995 c 247 art 2 s 1
NOTE: Duties of the Office of Environmental Assistance and the director of the office
were transferred to the Pollution Control Agency and the commissioner of the Pollution Control
Agency by Laws 2005, First Special Session chapter 1, article 2, section 160.

POLLUTION CONTROL AGENCY

115A.06 POWERS OF THE POLLUTION CONTROL AGENCY.
    Subdivision 1.[Repealed, 1989 c 335 art 1 s 270]
    Subd. 2. Rules. Unless otherwise provided, the commissioner shall promulgate rules in
accordance with chapter 14 to govern the agency's activities and implement this chapter.
    Subd. 3.[Repealed, 1989 c 335 art 1 s 270]
    Subd. 4.[Repealed, 1996 c 310 s 1]
    Subd. 5. Right of access. Whenever the agency or the commissioner acting on behalf of the
agency deems it necessary to the accomplishment of its purposes, the agency or any member,
employee, or agent thereof, when authorized by it or the commissioner, may enter upon any
property, public or private, for the purpose of obtaining information or conducting surveys or
investigations, provided that the entrance and activity is undertaken after reasonable notice and
during normal business hours and provided that compensation is made for any damages to the
property caused by the entrance and activity. The agency may pay a reasonable estimate of the
damages it believes will be caused by the entrance and activity before entering any property.
    Subd. 5a. Acquisition of easements. If the agency determines that any activity deemed
necessary to accomplish its purposes under subdivision 5 constitutes a substantial interference
with the possession, enjoyment, or value of the property where the activity will take place, the
agency may acquire a temporary easement interest in the property that permits the agency to
carry out the activity and other activities incidental to the accomplishment of the same purposes.
The agency may acquire temporary easement interests under this subdivision by purchase, gift,
or condemnation. The right of the agency to acquire a temporary easement is subject to the
same requirements and may be exercised with the same authority as provided for acquisition of
property interests by the commissioner of administration under Minnesota Statutes 1994, section
115A.06, subdivision 4.
    Subd. 6. Gifts and grants. The agency, or the commissioner of the Pollution Control Agency
or commissioner of administration on behalf of the agency, may apply for and accept gifts, loans,
or other property from the United States, the state, or any person for any of the purposes of the
agency, may enter into any agreement required in connection therewith, and may hold, use, and
dispose of the money or property in accordance with the terms of the gift, grant, loan or agreement.
    Subd. 7. Property exempt from taxation. Any real or personal property owned, used, or
occupied by the agency or the commissioner of administration for any purpose referred to in
sections 115A.01 to 115A.72 is declared to be acquired, owned, used, and occupied for public and
governmental purposes, and shall be exempt from taxation by the state or any political subdivision
of or other governmental unit of or within the state, provided that those properties shall be subject
to special assessments levied for a local improvement in amounts proportionate to and not
exceeding the special benefit received by the properties from the improvement. No possible use of
the properties in any manner different from their use for hazardous waste management at the time
shall be considered in determining the special benefit received by the properties.
    Subd. 8. Contracts. The commissioner may enter into any contract necessary or proper for
the exercise of the commissioner's powers or the accomplishment of the agency's purposes.
    Subd. 9. Joint powers. The commissioner may act under the provisions of section 471.59, or
any other law providing for joint or cooperative action.
    Subd. 10. Research. The commissioner may conduct research studies and programs, collect
and analyze data, prepare reports, maps, charts, and tables, and order all necessary hearings and
investigations in connection with the commissioner's work and may advise and assist other
government units on planning matters within the scope of the commissioner's powers, duties,
and objectives.
    Subd. 11. Employees; contracts for services. The commissioner may employ persons and
contract for services to perform research, engineering, legal, or other services necessary to carry
out the commissioner's functions.
    Subd. 12. Insurance. The commissioner may procure insurance in amounts the
commissioner deems necessary to insure against liability of the agency and employees or both,
for personal injury or death and property damage or destruction, with the force and effect stated
in chapter 466, and against risks of damage to or destruction of any of the agency's property as
the commissioner deems necessary.
    Subd. 13. Private and nonpublic data. Any data held by the commissioner which consists of
trade secret information as defined by section 13.37, subdivision 1, clause (b), or sales information,
shall be classified as private or nonpublic data as defined in section 13.02, subdivisions 9 and 12.
When data is classified private or nonpublic pursuant to this subdivision the commissioner may:
(a) use the data to compile and publish analyses or summaries and to carry out the
commissioner's statutory responsibilities in a manner which does not identify the subject of
the data; or
(b) disclose the data when the commissioner is obligated to disclose it to comply with federal
law or regulation but only to the extent required by the federal law or regulation.
The subject of data classified as private or nonpublic pursuant to this subdivision may
authorize the disclosure of some or all of that data by the commissioner.
    Subd. 14. Waste rendered nonhazardous and industrial waste. The commissioner shall
encourage improved management of waste rendered nonhazardous and industrial waste that
should be managed separately from mixed municipal solid waste, and may provide technical and
planning assistance to political subdivisions, waste generators, and others for the purpose of
identifying, developing, and implementing alternative management methods for those wastes.
History: 1980 c 564 art 2 s 3; 1981 c 311 s 39; 1981 c 352 s 4-6; 1982 c 545 s 24; 1982 c
569 s 1,2; 1983 c 373 s 9; 1984 c 644 s 3; 1986 c 425 s 19; 1986 c 444; 1987 c 348 s 3; 1989
c 335 art 1 s 269; 1991 c 199 art 2 s 7; 1991 c 326 s 5; 1991 c 337 s 8; 1994 c 639 art 5 s 3;
2002 c 379 art 1 s 29; 1Sp2005 c 1 art 2 s 161
115A.07 DUTIES; GENERAL.
    Subdivision 1. Interagency coordination. The commissioner of the Pollution Control
Agency shall inform the commissioner of employment and economic development of the agency's
activities.
    Subd. 2. Biennial report. Before November 15 of each even-numbered year the
commissioner shall prepare and submit to the senate and house committees having jurisdiction
over environment and natural resources and environment and natural resources finance a report
of the agency's operations and activities pursuant to sections 115A.01 to 115A.72 and any
recommendations for legislative action. The report shall include a proposed work plan for the
following biennium.
    Subd. 3. Uniform waste statistics; rules. The commissioner, after consulting with local
government units and other interested persons, may adopt rules to establish uniform methods for
collecting and reporting waste reduction, generation, collection, transportation, storage, recycling,
processing, and disposal statistics necessary for proper waste management and for reporting
required by law. Prior to publishing proposed rules, the commissioner shall submit draft rules to
the senate and house committees having jurisdiction over environment and natural resources and
environment and natural resources finance for review and comment. Rules adopted under this
subdivision apply to all persons and units of government in the state for the purpose of collecting
and reporting waste-related statistics requested under or required by law.
History: 1980 c 564 art 2 s 4; 1981 c 356 s 119,248; 1983 c 289 s 115 subd 1; 1986 c 444;
1987 c 312 art 1 s 26 subd 2; 1987 c 384 art 2 s 18; 1989 c 335 art 1 s 269; 1992 c 593 art 1 s 9;
1995 c 247 art 2 s 2; 1996 c 470 s 27; 1Sp2003 c 4 s 1; 1Sp2005 c 1 art 2 s 161
115A.071 [Repealed, 1984 c 644 s 82]
115A.0715 [Repealed, 1996 c 470 s 29]
115A.0716 ENVIRONMENTAL ASSISTANCE GRANT AND LOAN PROGRAM.
    Subdivision 1. Grants. (a) The commissioner may make grants to any person for
the purpose of researching, developing, and implementing projects or practices related to
collection, processing, recycling, reuse, resource recovery, source reduction, and prevention
of waste, hazardous substances, toxic pollutants, and problem materials; the development or
implementation of pollution prevention projects or practices; the collection, recovery, processing,
purchasing, or market development of recyclable materials or compost; resource conservation;
and for environmental education.
(b) In making grants, the agency may give priority to projects or practices that have broad
application in the state and are consistent with the policies established under sections 115A.02
and 115D.02.
(c) The commissioner shall adopt rules to administer the grant program.
(d) For the purposes of this section:
(1) "pollution prevention" has the meaning given it in section 115D.03;
(2) "toxic pollutant" has the meaning given it in section 115D.03; and
(3) "hazardous substance" has the meaning given it in section 115D.03.
    Subd. 2. Loans. (a) The commissioner may make loans, or participate in loans, for capital
costs or improvements related to any of the activities listed in subdivision 1.
(b) The commissioner may work with financial institutions or other financial assistance
providers in participating in loans under this section. The commissioner may contract with
financial institutions or other financial assistance providers for loan processing and/or
administration.
(c) The commissioner may also make grants, as authorized in subdivision 1, to enable
persons to receive loans from financial institutions or to reduce interest payments for those loans.
(d) In making loans, the agency may give priority to projects or practices that have broad
application in the state and are consistent with the policies established under sections 115A.02
and 115D.02.
(e) The commissioner shall adopt rules to administer the loan program.
    Subd. 3. Revolving account. All repayments of loans awarded under this section, including
principal and interest, must be credited to the environmental fund. Money deposited in the fund
under this section is annually appropriated to the commissioner for loans for purposes identified
in subdivisions 1 and 2.
History: 1996 c 470 s 6; 1Sp2001 c 2 s 122; 2003 c 128 art 2 s 5; 1Sp2005 c 1 art 2 s
161; 2006 c 212 art 3 s 8
115A.072 PUBLIC EDUCATION.
    Subdivision 1. Environmental Education Advisory Board. (a) The commissioner shall
provide for the development and implementation of environmental education programs that are
designed to meet the goals listed in section 115A.073.
(b) The Environmental Education Advisory Board shall advise the commissioner in carrying
out the commissioner's responsibilities under this section. The board consists of 20 members
as follows:
(1) a representative of the Pollution Control Agency, appointed by the commissioner of
the agency;
(2) a representative of the Department of Education, appointed by the commissioner of
education;
(3) a representative of the Department of Agriculture, appointed by the commissioner of
agriculture;
(4) a representative of the Department of Health, appointed by the commissioner of health;
(5) a representative of the Department of Natural Resources, appointed by the commissioner
of natural resources;
(6) a representative of the Board of Water and Soil Resources, appointed by that board;
(7) a representative of the Environmental Quality Board, appointed by that board;
(8) a representative of the Board of Teaching, appointed by that board;
(9) a representative of the University of Minnesota Extension Service, appointed by the
director of the service;
(10) a citizen member from each congressional district, of which two must be licensed
teachers currently teaching in the K-12 system, appointed by the commissioner; and
(11) three at-large citizen members, appointed by the commissioner.
The citizen members shall serve two-year terms. Compensation of board members is governed by
section 15.059, subdivision 6. The board expires on June 30, 2008.
    Subd. 2. Duties; education. In addition to the commissioner's general duties established in
subdivision 1, the commissioner shall:
(1) develop a statewide waste management public education campaign with materials that
may be easily adapted by political subdivisions to meet their program needs; and
(2) develop and make available to schools educational curricula on waste education for
grades kindergarten to 12 to address at least waste reduction, recycling, litter, and proper
management and disposal of problem materials.
    Subd. 3.[Repealed, 1996 c 470 s 29]
    Subd. 4. Education, promotion, and procurement. The commissioner shall include: (1)
waste reduction and reuse, including packaging reduction and reuse; and (2) the hazards of open
burning, as defined in section 88.01, of mixed municipal solid waste, especially the hazards of
dioxin emissions to children, as elements of the commissioner's program of public education on
waste management required under this section. The waste reduction and reuse education program
must include dissemination of information and may include an award program for model waste
reduction and reuse efforts. Waste reduction and reuse educational efforts must also include
provision of information about and promotion of the model procurement program developed by
the commissioner of administration under section 115A.15, subdivision 7, or any other model
procurement program that results in significant waste reduction and reuse.
History: 1987 c 348 s 4; 1Sp1989 c 1 art 21 s 1; 1991 c 345 art 2 s 19; 1994 c 480 s 7; 1994
c 585 s 4; 1994 c 639 art 5 s 3; 1995 c 247 art 1 s 4,5; art 2 s 3; 1Sp1995 c 3 art 16 s 13; 1996 c
412 art 9 s 1; 1998 c 397 art 11 s 3; 2003 c 130 s 12; 1Sp2005 c 1 art 2 s 128,161
115A.073 ENVIRONMENTAL EDUCATION GOALS AND PLAN.
The environmental education program described in this section and section 115A.074 has
these goals for the pupils and other citizens of this state:
(a) Pupils and citizens should be able to apply informed decision-making processes to
maintain a sustainable lifestyle. In order to do so, citizens should:
(1) understand ecological systems;
(2) understand the cause and effect relationship between human attitudes and behavior
and the environment;
(3) be able to evaluate alternative responses to environmental issues before deciding on
alternative courses of action; and
(4) understand the effects of multiple uses of the environment.
(b) Pupils and citizens shall have access to information and experiences needed to make
informed decisions about actions to take on environmental issues.
(c) For the purposes of this section and section 115A.074, "state plan" means "Greenprint for
Minnesota: A State Plan for Environmental Education."
History: 1990 c 595 s 1; 1993 c 224 art 12 s 32; 1993 c 374 s 22; 1Sp1995 c 3 art 11 s
3,20; 1998 c 397 art 3 s 98,103; art 11 s 3
115A.074 ENVIRONMENTAL EDUCATION RESOURCE CENTERS.
    Subdivision 1. Establishment. The commissioner may establish environmental education
resource centers throughout the state as needed. The environmental education resource centers
shall serve as a source of information and programs for citizens, provide ongoing contact with
the public for feedback to the commissioner on regional environmental education issues and
priorities, and serve as distribution centers for environmental education programs.
    Subd. 2. Duties. The resource centers shall:
(1) implement the programs and priorities of the agency as defined in the plan;
(2) convey regional program priorities to the commissioner;
(3) evaluate regional implementation of environmental education programs and report to the
commissioner on the evaluations;
(4) provide regional liaison and coordination for organizations, agencies, and individuals
providing environmental education programs on particular issues;
(5) be a distribution and publicity center for agencies, environmental organizations,
environmental learning center publications, programs, and services;
(6) be a central source of information for citizens interested in issues that are the
responsibility of many agencies, boards, task forces, and organizations;
(7) provide technical assistance to local and state organizations and agencies on program
design, promotion, and publicity to reach the chosen target audiences; and
(8) assist the service cooperatives by collecting and distributing environmental education
teaching materials, displays, computer programs, resource person lists, and audio-visual aids, and
provide assistance with teacher training workshops and programs on request.
History: 1990 c 595 s 6; 1996 c 305 art 1 s 138; 1998 c 397 art 3 s 103; 1Sp2005 c 1
art 2 s 161
115A.075 LEGISLATIVE POLICY AGAINST DISPOSAL OF HAZARDOUS WASTE.
The legislature finds that hazardous waste must be managed in a manner that protects the
health, safety, and welfare of the citizens of the state and protects and conserves the state's natural
resources and environment; that reduction of the amount of waste generated and processing,
treatment, separation, and resource recovery are the preferred methods to manage hazardous
waste; and that disposal of hazardous waste should be used only as a last resort when all other
management methods are ineffective, and then only if an environmentally suitable site can be
identified in the state.
The agency, in its planning, facility approval, and other activities related to hazardous waste
shall give first priority to eliminating the generation of hazardous waste and eliminating or
reducing the hazardous character of the waste generated in the state through processing, treatment,
separation, and resource recovery.
History: 1984 c 644 s 4; 1989 c 335 art 1 s 269; 1Sp2005 c 1 art 2 s 161
115A.08 [Repealed, 1996 c 310 s 1]
115A.09 [Repealed, 1996 c 310 s 1]
115A.10 DUTIES OF THE POLLUTION CONTROL AGENCY; HAZARDOUS WASTE
FACILITIES; ENCOURAGEMENT OF PRIVATE ENTERPRISE.
The agency and the commissioner on behalf of the agency shall encourage the development
and operation of hazardous waste facilities by private enterprise to the extent practicable and
consistent with the purposes of sections 115A.01 to 115A.72 and the agency's hazardous waste
management plan adopted pursuant to section 115A.11. In adopting the management plan, and
in its actions and decisions under sections 115A.18 to 115A.30 and 115A.32 to 115A.39, the
agency and the commissioner on behalf of the agency shall solicit the active participation of
private waste management firms and shall so conduct its activities as to encourage private permit
applications for facilities needed in the state.
History: 1980 c 564 art 2 s 7; 1983 c 373 s 14; 1986 c 444; 1989 c 335 art 1 s 269; 1997 c 7
art 1 s 27; 1Sp2005 c 1 art 2 s 161
115A.11 HAZARDOUS WASTE MANAGEMENT PLAN.
    Subdivision 1. Requirement. The agency shall adopt, amend as appropriate, and implement
a hazardous waste management plan.
    Subd. 1a. Policy. In developing and implementing the plan, the highest priority of the agency
must be placed upon alternatives to land disposal of hazardous wastes including: technologies to
modify industrial processes or introduce new processes that will reduce or eliminate hazardous
waste generation; recycling, reuse, and recovery methods to reduce or eliminate hazardous waste
disposal; and conversion and treatment technologies to reduce the degree of environmental risk
from hazardous waste. The agency shall also consider technologies for retrievable storage of
hazardous wastes for later recycling, reuse, recovery, conversion, or treatment.
    Subd. 1b. Contents. The plan must include at least the elements prescribed in this
subdivision.
(a) The plan must estimate the types and quantities of hazardous waste that will be generated
in the state through the year 2000.
(b) The plan must set out specific and quantifiable objectives for reducing to the greatest
feasible and prudent extent the need for and use of disposal facilities located within the state,
through waste reduction, pretreatment, retrievable storage, processing, and resource recovery.
(c) The plan must estimate the minimum disposal capacity and capability required by
generators in the state for use through the year 2000. The estimate must be based on the
achievement of the objectives under paragraph (b).
(d) The plan must describe and recommend the implementation strategies required to assure
availability of disposal capacity for the types and quantities of waste estimated under paragraph
(c) and to achieve the objectives required by paragraph (b). The recommendations must address
at least the following: the necessary private and government actions; the types of facilities and
programs required; the availability and use of specific facilities outside of the state; development
schedules for facilities, services, and rules that should be established in the state; revenue-raising
and financing measures; levels of public and private effort and expenditure; legal and institutional
changes; and other similar matters.
(e) The plan must provide for the orderly development of hazardous waste management sites
and facilities to protect the health and safety of rural and urban communities. In preparing the
plan the agency shall consider its impact upon agriculture and natural resources.
(f) The plan must include methods and procedures that will encourage the establishment of
programs, services, and facilities that the agency recommends for development in the state for
the recycling, reuse, recovery, conversion, treatment, destruction, transfer, storage, or disposal,
including retrievable storage, of hazardous waste.
The plan must be consistent with the estimate of need and feasibility analysis prepared under
section 115A.24 and the decisions made by the agency under section 115A.28.
The agency may make the implementation of elements of the plan contingent on actions of
the legislature that have been recommended in the draft plan.
    Subd. 2. Procedure. The plan and the procedures for hearings on the plan are not subject to
the contested case provisions of chapter 14. Before revising the draft plan or amending its adopted
plan, the agency shall provide notice and hold a public meeting.
    Subd. 3.[Repealed, 1989 c 335 art 1 s 270]
History: 1980 c 564 art 2 s 8; 1980 c 615 s 60; 1981 c 352 s 11; 1982 c 424 s 130; 1982 c
569 s 5; 1983 c 373 s 15,16; 1984 c 644 s 8; 1986 c 444; 1987 c 348 s 5; 1989 c 335 art 1 s 269;
1997 c 7 art 1 s 28; 1997 c 187 art 1 s 9; 1Sp2005 c 1 art 2 s 161
115A.12 ADVISORY COUNCILS.
(a) The commissioner shall establish an Environmental Innovations Advisory Council that is
broadly representative of the geographic areas and interests of the state.
(b) The Environmental Innovations Advisory Council shall have not less than nine or
more than 24 members. The membership shall consist of citizen, government, institutional,
and business representatives.
(c) The chair of the advisory council shall be appointed by the commissioner. The
commissioner shall provide administrative and staff services for the advisory council. The
advisory council shall have such duties as are assigned by law or the commissioner. The
Environmental Innovations Advisory Council shall make recommendations to the agency on
policy, programs, and legislation in pollution prevention, waste reduction, reuse, recycling,
and resource conservation. The Environmental Innovations Advisory Council shall focus on
developing and implementing innovative programs that improve Minnesota's environment by
emphasizing front-end preventative, and resource conservation approaches to preventing waste
and pollution. The council shall emphasize partnerships of government, citizens, institutions, and
business to develop and implement these programs. Members of the advisory council shall serve
without compensation but shall be reimbursed for their reasonable expenses as determined by the
commissioner. Notwithstanding section 15.059, subdivision 5, the Environmental Innovations
Advisory Council expires June 30, 2009.
History: 1980 c 564 art 2 s 9; 1981 c 356 s 120; 1983 c 289 s 115 subd 1; 1986 c 444; 1987
c 312 art 1 s 5; 1987 c 384 art 2 s 19; 1988 c 629 s 18; 1989 c 325 s 4; 1Sp1989 c 1 art 18 s
4; 1991 c 322 s 19; 1994 c 480 s 8; 1995 c 247 art 2 s 4; 1997 c 7 art 1 s 29; 1997 c 45 s 1;
2001 c 161 s 17; 1Sp2005 c 1 art 2 s 129,161
115A.13 [Repealed, 1987 c 348 s 52]
115A.14 [Repealed, 1996 c 310 s 1]

STATE RESOURCE RECOVERY PROGRAM

115A.15 STATE GOVERNMENT RESOURCE RECOVERY.
    Subdivision 1. Establishment of program. There is established within state government a
resource recovery program to promote the reduction of waste generated by state agencies, the
separation and recovery of recyclable and reusable commodities, the procurement of recyclable
commodities and commodities containing recycled materials, and the uniform disposition of
recovered materials and surplus property. The program shall be administered by the commissioner
of administration.
    Subd. 1a. Definitions. For the purposes of this section, the following terms have the
meanings given them.
(a) "Recyclable commodities" means materials, pieces of equipment, and parts which are not
reusable but which contain recoverable resources.
(b) "Reusable commodities" means materials, pieces of equipment, parts, and used supplies
which can be reused for their original purpose in their existing condition.
    Subd. 2. Duties of commissioner of administration. The commissioner of administration
shall develop policies to require state agencies and the state legislature to separate all recyclable
and reusable commodities wherever feasible. The commissioner shall develop and institute
procedures for the separation, collection, and storage of used commodities wherever feasible in
state agencies and shall establish policies for the reuse, sale, or disposition of recovered materials
and surplus property. The commissioner shall promote and publicize the waste reduction and waste
separation and recovery procedures on an ongoing basis to all state employees. The commissioner
shall issue guidelines for the procurement of recyclable commodities and commodities containing
recycled materials that include definitions of recycled materials, the percentage of recycled
materials to be contained in each commodity and performance specifications. To the extent
practicable, the guidelines shall be written so as to give preference to recyclable commodities
and commodities containing recycled materials. The commissioner shall inform state agencies
whenever recycled commodities are available for purchase. The commissioner shall investigate
opportunities for the inclusion of and may include local governments and regional agencies
in administrative state programs to reduce waste, and to separate and recover recyclable and
reusable commodities.
    Subd. 3. Powers of commissioner of administration. The commissioner of administration
shall have such powers as are necessary to implement and operate the program. All state agencies
shall comply with the policies, guidelines, and procedures established by the commissioner
pursuant to this section. The commissioner shall have the power to issue orders to compel
compliance.
    Subd. 4. Staff. The commissioner of administration shall employ an administrator to manage
the resource recovery program and other staff and consultants as are necessary to carry out the
program.
    Subd. 5. Reports. (a) By January 1 of each odd-numbered year, the commissioner of
administration shall submit a report to the governor and to the senate and house committees
having jurisdiction over environment and natural resources and environment and natural
resources finance summarizing past activities and proposed goals of the program for the following
biennium. The report shall include at least:
(1) a summary list of product and commodity purchases that contain recycled materials;
(2) the results of any performance tests conducted on recycled products and agencies'
experience with recycled products used;
(3) a list of all organizations participating in and using the cooperative purchasing program;
and
(4) a list of products and commodities purchased for their recyclability and of recycled
products reviewed for purchase.
(b) By July 1 of each even-numbered year, the commissioner of the Pollution Control
Agency and the commissioner of commerce through the State Energy Office shall submit
recommendations to the commissioner regarding the operation of the program.
    Subd. 6. Use of funds. All funds appropriated by the state for the resource recovery program,
all revenues resulting from the sale of recyclable and reusable commodities made available for
sale as a result of the resource recovery program, and all reimbursements to the commissioner
of expenses incurred by the commissioner in developing and administering resource recovery
systems for state agencies, governmental units, and nonprofit organizations must be deposited in
the general fund. The commissioner shall determine the waste disposal cost savings associated
with recycling and reuse activities.
    Subd. 7. Waste reduction procurement model. To reduce the amount of solid waste
generated by the state and to provide a model for other public and private procurement systems,
the commissioner, in cooperation with the commissioner of the Pollution Control Agency, shall
develop waste reduction procurement programs, including an expanded life cycle costing system
for procurement of durable and repairable items by November 1, 1991. On implementation of
the model procurement system, the commissioner, in cooperation with the commissioner of the
Pollution Control Agency, shall develop and distribute informational materials for the purpose of
promoting the procurement model to other public and private entities under section 115A.072,
subdivision 4
.
    Subd. 8. Recycled materials purchasing. The commissioner of administration shall
develop and implement a cooperative purchasing program under section 471.59 to include state
agencies, local governmental units, and, where feasible, other state governments and the federal
government, for the purpose of purchasing materials made from recycled materials. By July 1,
1991, the commissioner shall develop a program to promote the cooperative purchasing program
to those units of government and other persons.
    Subd. 9. Recycling goal. By December 31, 1996, the commissioner shall recycle at least
60 percent by weight of the solid waste generated by state offices and other state operations
located in the metropolitan area. By March 1 of each year, the commissioner shall report to
the Pollution Control Agency the estimated recycling rates by county for state offices and
other state operations in the metropolitan area for the previous calendar year. The Pollution
Control Agency shall incorporate these figures into the reports submitted by the counties under
section 115A.557, subdivision 3, to determine each county's progress toward the goal in section
115A.551, subdivision 2.
Each state agency in the metropolitan area shall work to meet the recycling goal individually.
If the goal is not met by an agency, the commissioner shall notify that agency that the goal has
not been met and the reasons the goal has not been met and shall provide information to the
employees in the agency regarding recycling opportunities and expectations.
    Subd. 10. Materials recovery facility; materials collection; waste audits. (a) The
commissioner of the Department of Administration shall establish a central materials recovery
facility to manage recyclable materials collected from state offices and other state operations in
the metropolitan area. The facility must be located as close as practicable to the State Capitol
complex and must be large enough to accommodate temporary storage of recyclable materials
collected from state offices and other state operations in the metropolitan area and the processing
of those materials for market.
(b) The commissioner shall establish a recyclable materials collection and transportation
system for state offices and other state operations in the metropolitan area that will maximize
the types and amount of materials collected and the number of state offices and other state
operations served, and will minimize barriers to effective and efficient collection, transportation,
and marketing of recyclable materials.
(c) The commissioner shall perform regular audits on the solid waste and recyclable
materials collected to identify materials upon which to focus waste reduction, reuse, and recycling
activities and to measure:
(1) progress made toward the recycling goal in subdivision 9;
(2) progress made to reduce waste generation; and
(3) potential for additional waste reduction, reuse, and recycling.
(d) The commissioner may contract with private entities for the activities required in this
subdivision if the commissioner determines that it would be cost-effective to do so.
History: 1980 c 564 art 2 s 12; 1981 c 356 s 121; 1982 c 569 s 6-8; 1983 c 289 s 115 subd
1; 1985 c 274 s 4; 1986 c 425 s 22; 1986 c 444; 1987 c 186 s 15; 1987 c 312 art 1 s 10 subd 2;
1987 c 348 s 6; 1988 c 613 s 20; 1Sp1989 c 1 art 18 s 5-8; 1990 c 594 art 3 s 5; 1991 c 304 s 1,2;
1991 c 337 s 10,11; 1992 c 514 s 15; 1992 c 593 art 1 s 10; 1995 c 247 art 2 s 6; 1996 c 457 s 9;
1996 c 470 s 27; 1999 c 73 s 1; 1Sp2001 c 4 art 6 s 17; 1Sp2005 c 1 art 2 s 161
115A.151 RECYCLABLE MATERIAL CONTAINER REQUIREMENTS; PUBLIC
ENTITIES.
(a) A public entity shall:
(1) ensure that facilities under its control, from which mixed municipal solid waste is
collected, have containers for at least three recyclable materials, such as, but not limited to,
paper, glass, plastic, and metal; and
(2) transfer all recyclable materials collected to a recycler.
(b) For the purposes of this section:
(1) "public entity" means the state, an office, agency, or institution of the state, the
Metropolitan Council, a metropolitan agency, the Metropolitan Mosquito Control Commission,
the legislature, the courts, a county, a statutory or home rule charter city, a town, a school district,
a special taxing district, or any entity that receives an appropriation from the state for a capital
improvement project after August 1, 2002;
(2) "metropolitan agency" and "Metropolitan Council," have the meanings given them in
section 473.121; and
(3) "Metropolitan Mosquito Control Commission" means the commission created in section
473.702.
History: 1Sp1989 c 1 art 18 s 9; 1991 c 337 s 12; 1996 c 457 s 10; 2002 c 312 s 2

HAZARDOUS AND INDUSTRIAL WASTE

115A.152 TECHNICAL AND RESEARCH ASSISTANCE TO GENERATORS.
    Subdivision 1. Purposes. The commissioner shall provide for the establishment of a technical
and research assistance program for generators of hazardous and industrial waste in the state. The
program must be designed to assist generators in the state to obtain information about management
of hazardous and industrial wastes, to identify and apply methods of reducing the generation of
hazardous and industrial wastes, to facilitate improved management of hazardous and industrial
waste and compliance with hazardous and industrial waste rules, and for other similar purposes.
The program must emphasize assistance to smaller businesses that have inadequate technical
and financial resources for obtaining information, assessing waste management methods, and
developing and applying waste reduction techniques. Information and techniques developed under
this program must be made available through the program to all generators in the state.
    Subd. 2. Assistance. The assistance program must include at least the following elements:
(1) outreach programs including on-site consultation at locations where hazardous and
industrial waste is generated, seminars, workshops, training programs, and other similar activities
designed to assist generators to evaluate their hazardous and industrial waste generation and
management practices, identify opportunities for waste reduction and improved management, and
identify subjects that require additional information and research;
(2) a program to assemble, catalog, and disseminate information about hazardous and
industrial waste reduction and management methods, available commercial waste management
facilities and consultant services, and regulatory programs (provided that specific questions by
generators about interpretation or application of waste management rules should be referred
to appropriate regulatory agencies);
(3) evaluation and interpretation of information needed by generators to improve their
management of hazardous and industrial waste; and
(4) informational and technical research to identify alternative technical solutions that can be
applied by specific generators to reduce the generation of hazardous and industrial waste.
    Subd. 3. Administration; evaluation. The assistance program must be coordinated with
other public and private programs that provide management and technical assistance to smaller
businesses and generators of small quantities of hazardous and industrial waste, including
programs operated by public and private educational institutions. The commissioner may make
grants to a public or private person or association that will establish and operate the elements of
the program, but the grants must require that the assistance be provided at no cost to the generators
and that the grantees provide periodic reports on the improvements in waste management, waste
reduction, and regulatory compliance achieved by generators through the assistance provided.
History: 1984 c 644 s 9; 1985 c 248 s 70; 1987 c 348 s 7; 1989 c 335 art 1 s 269; 1994 c
639 art 5 s 3; 1Sp2005 c 1 art 2 s 161
115A.154 [Repealed, 1996 c 470 s 29]
115A.156 [Repealed, 1996 c 470 s 29]
115A.158 DEVELOPMENT OF PROCESSING AND COLLECTION FACILITIES AND
SERVICES; REQUESTS FOR PROPOSALS.
    Subdivision 1. Request for and contents of proposal. The commissioner shall request
proposals for the development and operation of specific types of commercial hazardous waste
processing and collection facilities and services, and improved management of waste rendered
nonhazardous and industrial waste, that offer the greatest possibility of achieving the policies and
objectives of the waste management plan including the goal of reducing to the greatest extent
feasible and prudent the need for and practice of disposal. The proposals must contain at least
the following information:
(1) the technical, managerial, and financial qualifications and experience of the proposer in
developing and operating facilities and services of the type proposed;
(2) the technical specifications of the proposed facility or service including the process
that will be used, the amount and types of hazardous or industrial waste that can be handled,
the types, volume, and proposed disposition of any residuals, and a description of anticipated
adverse environmental effects;
(3) the requirements of the site or sites needed to develop and operate the facility or service
and the likelihood that a suitable site or sites will be available for the facility or service;
(4) projections of the costs and revenues of the facility or service, the types and numbers of
generators who will use it, and the fee structure and estimated user charges necessary to make
the facility or services economically viable;
(5) the schedule for developing and commencing operation of the facility or service; and
(6) the financial, technical, institutional, legal, regulatory, and other constraints that may
hinder or prevent the development or operation of the facility or service and the actions that could
be taken by state and local governments or by the private sector to overcome those constraints.
The information provided in the proposal must be based on current and projected market
conditions, hazardous or industrial waste streams, legal and institutional arrangements, and other
circumstances specific to the state.
    Subd. 2. Procedure; evaluation; report. In requesting proposals, the agency shall inform
potential developers of the assistance available to them in siting and establishing hazardous
waste processing and collection facilities and services in the state and improved industrial waste
management in the state, including the availability of sites listed on the agency's inventory of
preferred areas for hazardous waste processing facilities, the authority of the agency to acquire
sites and order the establishment of facilities in those areas, the policies and objectives of the
hazardous waste management plan, and the availability of information developed by the agency
on hazardous or industrial waste generation and management in the state.
The agency shall evaluate the proposals received in response to its request and determine
the extent to which the proposals demonstrate the qualifications of the developers, the technical
and economic feasibility of the proposed facility or service, and the extent to which the proposed
facility or service will contribute in a significant way to the achievement of the policies and
objectives of the hazardous waste management plan.
The agency shall report to the senate and house committees having jurisdiction over
environment and natural resources and environment and natural resources finance on the
proposals that it has received and evaluated, and on the legislative, regulatory, and other actions
needed to develop and operate the proposed facilities or services.
    Subd. 3. Time for proposals. The agency shall issue the first round of requests under this
section by June 1, 1984. The first round proposals must be returned to the agency by November
1, 1984. The agency shall submit its report on these proposals to the legislative commission by
January 1, 1985. The agency may issue additional requests in 1985 and in future years.
History: 1984 c 644 s 12; 1986 c 444; 1987 c 348 s 12,13; 1989 c 335 art 1 s 269; 1996 c
470 s 27; 1Sp2005 c 1 art 2 s 161
115A.159 [Repealed, 1999 c 86 art 1 s 83]
115A.162 [Repealed, 1989 c 335 art 1 s 270]
115A.165 [Repealed, 1995 c 247 art 1 s 67]
115A.17 [Repealed, 1986 c 425 s 46]
115A.175 SITING AND FACILITY DEVELOPMENT AUTHORITY; LIMITATIONS.
    Subdivision 1. Siting activity. The agency shall terminate all activity under sections 115A.18
to 115A.30 relating to the selection and evaluation of sites for hazardous waste facilities, except
as provided in this section.
    Subd. 2. Dismissal of candidate sites. All candidate sites remaining under Minnesota
Statutes 1996, section 115A.21, subdivision 1, are dismissed from further consideration as
candidate sites for hazardous waste facilities.
    Subd. 3. Alternative siting procedure. The agency shall proceed with site evaluation and
selection in accordance with sections 115A.191 to 115A.194. In evaluating and selecting sites
under sections 115A.191 to 115A.194, the agency shall act in accordance with sections 115A.18
to 115A.20, except as otherwise provided in sections 115A.191 to 115A.194.
    Subd. 4. Stabilization and containment facility; restrictions; containment standards to
protect human health and environment. No facility may be sited under sections 115A.18 to
115A.30 except a stabilization and containment facility. The facility must be above grade unless
the agency determines, after environmental review under section 115A.194, subdivision 2, that an
alternative design would provide greater protection for human health and the environment. No
waste may be accepted for containment at the facility except the following:
(a) waste rendered nonhazardous;
(b) industrial waste; and
(c) waste that is not eligible for acceptance under clause (a) or (b), if the agency determines
that all of the following requirements are met:
(1) there is no feasible and prudent alternative to containment of the waste that would
minimize adverse impact upon human health and the environment;
(2) the waste has been treated using feasible and prudent technology that minimizes the
possibility of migration of any hazardous constituents of the waste; and
(3) the waste meets the standards adopted to protect human health and the environment
under the authority of United States Code, title 42, section 6924(m), and any additional protective
standards adopted by the agency under section 116.07, subdivision 4.
If no federal or state standards have been adopted for a waste as provided in clause (3), the
waste may not be accepted for containment.
A person proposing a waste for containment at the facility has the burden of demonstrating
that the waste may be accepted under the requirements of this subdivision. The demonstration
under clause (c) must document in a form satisfactory to the agency the manner in which the
person has attempted to meet the standard for acceptance of the waste under clause (a) and the
characteristics of the waste that prevent compliance with that standard.
    Subd. 5. Agency adoption of rules. The agency shall adopt rules under chapter 14
establishing procedures by which a person must demonstrate that a hazardous waste can be
accepted by the facility as provided in subdivision 4. The agency shall adopt all rules necessary
to implement the provisions of subdivision 4 and this subdivision before granting any permit
for operation of the facility.
History: 1986 c 425 s 23; 1989 c 335 art 1 s 269; 1999 c 86 art 1 s 20; 1Sp2005 c 1 art 2
s 161
115A.18 LEGISLATIVE FINDINGS; PURPOSE.
The legislature finds that proper management of hazardous waste generated in the state is
needed to conserve and protect the natural resources in the state and the health, safety, and welfare
of its citizens, that the establishment of safe commercial disposal facilities in the state may be
necessary and practicable to properly manage the waste, that this cannot be accomplished solely
by the activities of private persons and political subdivisions acting alone or jointly, and that
therefore it is necessary to provide a procedure for making final determinations on whether
commercial stabilization and containment facilities should be established in the state and on the
locations, sizes, types, and functions of any such facilities.
History: 1980 c 564 art 3 s 1; 1984 c 644 s 17; 1986 c 425 s 47
115A.19 PROCEDURE NOT EXCLUSIVE.
Except as provided in Minnesota Statutes 1980, section 115A.21, subdivision 1, the
procedure established by sections 115A.18 to 115A.30 for the permitting of hazardous waste
stabilization and containment facilities shall not preclude the issuance of permits by the agency
pursuant to section 116.07 for stabilization and containment facilities at sites not reviewed under
sections 115A.18 to 115A.30.
History: 1980 c 564 art 3 s 2; 1981 c 352 s 12; 1986 c 425 s 47
115A.191 VOLUNTARY CONTRACTS WITH COUNTIES.
    Subdivision 1. Agency to seek contracts. The agency and any eligible county board may
enter a contract as provided in this section expressing their voluntary and mutually satisfactory
agreement concerning the location and development of a stabilization and containment facility.
The commissioner shall negotiate contracts with eligible counties and shall present drafts
of the negotiated contracts to the agency for its approval. The commissioner shall actively
solicit, encourage, and assist counties, together with developers, landowners, the local business
community, and other interested parties, in developing resolutions of interest. The county shall
provide affected political subdivisions and other interested persons with an opportunity to suggest
contract terms.
    Subd. 2. Resolution of interest in negotiating; eligibility. A county is eligible to negotiate
a contract under this section if the county board files with the agency and the agency accepts a
resolution adopted by the county board that expresses the county board's interest in negotiations
and its willingness to accept the preliminary evaluation of one or more study areas in the
county for consideration as a location of a stabilization and containment facility. The county
board resolution expressing interest in negotiations must provide for county cooperation with
the agency, as necessary to facilitate the evaluation of study areas in the county, and for the
appointment of a member of the county board or an officer or employee of the county as
official liaison with the agency with respect to the matters provided in the resolution and future
negotiations with the agency. A county board by resolution may withdraw a resolution of interest,
and the agency may withdraw its acceptance of such a resolution, at any time before the parties
execute a contract under this section.
    Subd. 3. Evaluation of study areas. The commissioner, in cooperation with the county
board, may engage in activities necessary for the evaluation of study areas in any county that is
eligible to negotiate a contract under this section. The determination of whether any study area
may be considered or excluded from consideration under sections 115A.18 to 115A.20 and
sections 115A.191 to 115A.194 is exclusively the authority of the agency. Before entering a
contract under this section, the agency shall determine whether the study area identified in the
contract is appropriate for preparation of an environmental impact statement.
    Subd. 4. Requirements of contract. A contract between the agency and a county must
include provisions by which:
(a) the state, acting through the agency, agrees to implement the terms of the contract
and provide the benefits and implement the procedures and practices agreed upon pursuant to
subdivision 5; and
(b) the county agrees that the study area or areas in the county that have been determined by
the agency to be appropriate for preparation of an environmental impact statement are subject to
evaluation and selection by the agency as provided in section 115A.194.
After executing the contract, the study areas identified in the contract remain subject to the
provisions of section 115A.194 until the study areas are dismissed from further consideration
by the agency.
    Subd. 5. Negotiated terms. A contract executed under subdivision 4 may contain any terms
agreed upon by the state and the county, including:
(a) procedures relating to the evaluation and selection of a site and the construction,
operation, and maintenance of a proposed facility, including procedures for cooperation,
consultation, and coordination between the agency and the county or political subdivisions in
the county on those matters;
(b) practices and procedures necessary to assure and demonstrate safe operation of a
proposed facility;
(c) services, compensation, or benefits to be provided by the state to the county or political
subdivisions in the county, including (i) payments in lieu of taxes on a publicly owned site;
(ii) compensation for property owners adjoining or in close proximity to the facility through
property tax relief or assurance of property value; (iii) compensation for local public expenditures
necessitated by the facility; (iv) compensation for demonstrable private and community impacts
from the facility; (v) monetary compensation to the county and other parties affected by the
facility, in addition to compensation for necessary expenditures and demonstrable impacts;
(vi) provision of services or benefits to promote the health, safety, comfort, and economic
development and well-being of the county and its citizens;
(d) provision for amendment of the contract; and
(e) provisions for resolutions of disputes under the contract.
Terms of the contract requiring enactment of additional state law, including an appropriation
law, are contingent on that enactment. The contract may provide for implementation of its terms
during evaluation of a study area in the county under section 115A.194 and in the event that a
study area in the county is selected as the site for a facility under that section.
    Subd. 6. Referendum contract. (a) Requirement. If a county board enters into negotiations
for a contract, makes a binding offer to enter a contract, or enters a contract under this section, the
county board shall submit the question of whether to proceed with the contract to a vote of the
eligible voters of the county at the general election to be held on November 6, 1990. The election
may be held before a final determination has been made on the acceptability of a site in the county.
(b) Election procedure. The election shall be held in the manner provided for a state general
election under Minnesota election law as far as practicable. The question on the ballot shall be
"Shall the county proceed with the terms and conditions of its contract with the state of Minnesota
for siting and operating a hazardous waste stabilization and containment facility in the county?"
The question is approved if a majority of those voting on the question vote "Yes." The result of
the election shall be certified to the county board of commissioners and is binding upon the
county and the state as set forth in paragraph (c).
(c) Effect of referendum. If the question is approved, the county and the state may proceed
to implement the terms and conditions of the binding offer or of the contract. If the question is
not approved, the stabilization and containment facility authorized under sections 115A.175 to
115A.194, shall not be located in the county.
History: 1986 c 425 s 24; 1989 c 335 art 1 s 269; 1990 c 359 s 1; 1995 c 247 art 2 s 7,8;
1998 c 254 art 1 s 24,25; 1Sp2005 c 1 art 2 s 161
115A.192 SELECTION OF DEVELOPER OF STABILIZATION AND CONTAINMENT
FACILITY; REQUEST FOR PROPOSALS.
    Subdivision 1. Request for proposals. The commissioner shall issue requests for proposals
for the development and operation of a stabilization and containment facility. The request must be
designed to obtain detailed information about the qualifications of a respondent to develop and
operate the facility; the capital and operating costs of the facility and the sources and methods by
which the respondent plans to finance the facility; the technical specifications of the proposed
facility and the technologies to be employed for processing, stabilization, containment, and
monitoring; the requirements of the site for the proposed facility; the schedule for developing and
commencing operation of the facility; and other matters which the commissioner deems necessary
for the agency to evaluate and select a developer and operator for the facility. Before issuing the
requests, the commissioner shall prepare a draft of clauses (a) to (e) of the report required by
section 115A.193. The draft must accompany the requests for proposals.
    Subd. 2. Selection of developer; procedure. After evaluating responses to the request for
proposals and before selecting a site as provided in section 115A.194, the agency shall decide
whether to select a developer for a stabilization and containment facility. If the agency selects a
developer it shall proceed as provided in section 115A.194 to select a site for the development of
a facility. If the agency decides not to select a developer, the agency shall proceed as provided in
section 115A.194 to select and acquire a site for potential future development of a facility.
History: 1986 c 425 s 25; 1989 c 335 art 1 s 269; 1Sp2005 c 1 art 2 s 161
115A.193 REPORT ON FACILITY DEVELOPMENT.
The commissioner shall prepare a report concerning the development of a stabilization and
containment facility. The report must include:
(a) a conceptual plan that describes and evaluates the proposed design and operation of
the facility, including an evaluation of technical feasibility, a description and evaluation of the
types and quantities of hazardous waste and nonhazardous residual waste from hazardous waste
processing that the facility would be designed to accept, and a description and evaluation of
technologies needed or desired at the facility for processing, stabilization, and containment,
including above grade containment;
(b) procedures and standards for the operation of the facility that require the use of reduction,
recycling, and recovery of any hazardous waste before the waste is accepted for stabilization when
the alternative or additional management method is feasible and prudent and would materially
reduce adverse impact on human health and the environment;
(c) evaluation of the design and use of the facility for processing, stabilization, or
containment of industrial waste, including technical and regulatory issues and alternative
management methods;
(d) evaluation of feasible and prudent technologies that may substantially reduce the
possibility of migration of any hazardous constituents of wastes that the facility would be
designed to accept;
(e) a general analysis of the necessary and desirable physical, locational, and other
characteristics of a site for the facility;
(f) an evaluation of the prospects of and conditions required for the regulatory delisting of
residual waste from hazardous waste processing;
(g) an evaluation of the feasibility of an interstate, regional approach to the management of
hazardous waste; and
(h) an economic feasibility analysis of the development and operation of the facility,
including the anticipated use of the facility by Minnesota generators from within and outside
the state, and sources of private and public financing that may be available or necessary for
development or operation.
The commissioner shall submit a draft of the report to the agency and the Legislative
Commission on Waste Management by July 1, 1988, and before executing contracts under section
115A.191.
History: 1986 c 425 s 26; 1989 c 335 art 1 s 269; 1Sp2005 c 1 art 2 s 161
115A.194 EVALUATION AND SELECTION OF SITES; PERMITS.
    Subdivision 1. Determination of siting procedure. The agency shall proceed to take
the actions provided in subdivisions 2 and 4 pursuant to any contracts executed under section
115A.191.
    Subd. 2. Requirements before decisions. Before the agency makes decisions under
subdivision 4:
(a) the agency shall complete environmental impact statements on the environmental
effects of the decisions, in the manner provided in chapter 116D and the rules issued under
that chapter; and
(b) the commissioner shall present to the agency the report on facility development prepared
as provided in section 115A.193.
    Subd. 3. Agencies; report on permit conditions and application requirements. Within 30
days following the determination of the adequacy of the environmental impact statements and
the presentation of the report on facility development, after consulting with the agency, facility
developers, and affected local government units, the chief executive officer of each permitting
state agency shall issue to the agency reports on permit conditions and permit application
requirements at each location. The reports must indicate, to the extent possible based on existing
information, the probable terms, conditions, and requirements of permits, and the probable
supplementary documentation that will be required for the environmental impact statement and
permit applications under subdivision 5. If the agency has selected a developer, the report of the
agency must include a description of the rules necessary to implement the provisions of section
115A.175, subdivision 4.
    Subd. 4. Decisions. Within 90 days after the agency has determined the adequacy of the
environmental impact statement, the agency shall: (1) specify the type, capacity, and function of
the stabilization and containment facility, including operating and design standards for the facility;
and (2) select one of the study areas evaluated under this section as the site for the facility, unless
the agency determines, based upon potential significant adverse effects on the environment, that
none of the study areas should be selected as the site consistent with the reasonable requirements
of the public health, safety, and welfare and the state's paramount concern for the protection of
its air, water, land, and other natural resources from pollution, impairment, or destruction. The
provisions of sections 115A.28, subdivisions 2 and 3, and 115A.30 apply to any agency decision
to select a study area as a site under this subdivision.
If the agency selects a study area as a site under this subdivision, the agency shall dismiss all
other study areas from further consideration. If the agency does not select a study area as a site
under this subdivision, the agency shall dismiss all study areas from further consideration.
    Subd. 5. Permits; environmental review. Before the agency issues permits for the facility,
the agency shall complete an environmental impact statement specifically on the environmental
effects of permitting decisions required to be made by permitting agencies. The statement must be
completed in the manner provided in chapter 116D and the rules issued under that chapter.
History: 1986 c 425 s 27; 1989 c 335 art 1 s 269; 1Sp2005 c 1 art 2 s 161
115A.195 PUBLIC PARTICIPATION IN OWNERSHIP AND MANAGEMENT OF
FACILITY.
The stabilization and containment facility developed under sections 115A.18 to 115A.30
may be wholly owned by the state or jointly owned by the state and a developer selected by the
agency under section 115A.192. The commissioner may negotiate and the agency may enter
agreements with a selected developer providing terms and conditions for the development and
operation of the facility. If the agreements provide for capital improvements or equipment, or for
payment of state money, the agreements may be implemented only if funds are appropriated and
available to the agency for those purposes.
History: 1988 c 683 s 1; 1989 c 209 art 1 s 9; 1989 c 339 art 1 s 269; 1Sp2005 c 1 art 2 s 161
115A.20 EVALUATION OF SITES.
The agency shall not be required to promulgate rules pursuant to chapter 14 to govern its
evaluation and selection of sites for commercial stabilization and containment facilities under
sections 115A.18 to 115A.30, nor shall the agency be required to promulgate rules pursuant to
chapter 14 on criteria and standards to govern its certification of intrinsic suitability of sites
for commercial stabilization and containment facilities under sections 115A.18 to 115A.30.
In evaluating and selecting sites for stabilization and containment facilities, the agency shall
consider at least the following factors:
(a) economic feasibility, including proximity to concentrations of generators of the types of
hazardous wastes likely to be proposed and permitted for stabilization and containment;
(b) intrinsic suitability of the sites;
(c) federal and state pollution control and environmental protection rules;
(d) the risk and effect for local residents, units of government, and the local public health,
safety, and welfare, including such dangers as an accidental release of wastes during transportation
to a facility or at a facility, water, air, and land pollution, and fire or explosion;
(e) the consistency of a facility with, and its effect on, existing and planned local land use
and development; local laws, ordinances, and permits; and local public facilities and services;
(f) the adverse effects of a facility at the site on agriculture and natural resources and
opportunities to mitigate or eliminate such adverse effects by stipulations, conditions, and
requirements respecting the design and operation of a disposal facility at the proposed site.
No land shall be excluded from consideration except land determined by the agency to be
intrinsically unsuitable for the use intended.
Nothing in this section shall be construed as granting the agency an exemption from the
rulemaking requirements of chapter 14 if the agency adopts statements of general applicability
and future effect, including amendments, suspensions, and repeals of rules, adopted to implement
or make specific the law enforced or administered by the agency or to govern the organization
and procedure.
History: 1980 c 564 art 3 s 3; 1981 c 352 s 13; 1982 c 424 s 130; 1986 c 425 s 47; 1989 c
335 art 1 s 269; 1997 c 187 art 1 s 10; 1Sp2005 c 1 art 2 s 161
115A.201 [Repealed, 1996 c 310 s 1]
115A.21 [Repealed, 1996 c 310 s 1]
115A.22 [Repealed, 1996 c 310 s 1]
115A.23 [Repealed, 1983 c 373 s 72]
115A.24 STABILIZATION AND CONTAINMENT FACILITIES; ESTIMATE OF NEED;
ANALYSIS OF ECONOMIC FEASIBILITY.
    Subdivision 1. Estimate of need for stabilization and containment facilities. The agency
shall develop an estimate of the number, types, capacity, and function or use of any hazardous
waste stabilization and containment facilities needed in the state.
In developing its estimate the agency shall:
(1) prepare a preliminary estimate of the types and quantities of waste generated in the state
for which stabilization and containment will be needed through the year 2000 based to the extent
practical on data obtained from generators who are likely to use the facility;
(2) estimate the disposal capacity located outside of the state, taking into account the status
of facility permits, current and planned capacity, and prospective restrictions on expansion of
capacity;
(3) estimate the prospects for the continued availability of capacity outside of the state
for disposal of waste generated in the state;
(4) estimate the types and quantities of waste likely to be generated as residuals of the
commercial hazardous waste processing facilities recommended by the agency for development
in the state and for which stabilization and containment will be needed, taking into account
the likely users of the facilities; and
(5) compare the indirect costs and benefits of developing stabilization and containment
facilities in the state or relying on facilities outside the state to dispose of hazardous waste
generated in the state, taking into account the effects on business, employment, economic
development, public health and safety, the environment, and the development of collection and
processing facilities and services in the state.
In preparing the estimate, the agency may identify need for stabilization and containment
only to the extent that the agency has determined that there are no feasible and prudent
alternatives, including waste reduction, separation, pretreatment, processing, and resource
recovery, which would minimize adverse impact upon air, water, land and all other natural
resources. Economic considerations alone may not justify an estimate of need for stabilization and
containment nor the rejection of alternatives. Alternatives that are speculative and conjectural are
not feasible and prudent. The agency shall consider all technologies being developed in other
countries as well as in the United States when it considers the alternatives to hazardous waste
stabilization and containment.
    Subd. 2.[Repealed, 1983 c 121 s 33]
    Subd. 3. Radioactive waste. The agency's estimate of need shall not allow the use of a
facility for stabilization and containment of radioactive waste, as defined by section 116C.71,
subdivision 6
.
    Subd. 4. Economic feasibility analysis. The agency shall prepare an economic feasibility
analysis for stabilization and containment facilities of the type, capacity, and function or use
estimated by the agency to be needed in the state under subdivision 1. The analysis must be
specific to the sites where the facilities are proposed to be located. The analysis must include at
least the following elements:
(1) an estimate of the capital, operating, and other direct costs of the facilities and the fee
schedules and user charges necessary to make the facilities economically viable;
(2) an assessment of the other costs of using the stabilization and containment facilities, such
as transportation costs and stabilization and containment surcharges;
(3) an assessment of the market for the facility for waste generated in the state, that identifies
the generators that would use the facility under existing and likely future market conditions,
describes the methods otherwise available to those generators to manage their wastes and the costs
of using those methods, and establishes the level at which the cost of using the proposed facilities
would be competitive with the cost of using other available methods of waste management;
(4) an estimate of the subsidy, if any, needed to make the facility competitive for Minnesota
generators under existing market conditions and the changes in market conditions that would
increase or lower any subsidy.
History: 1980 c 564 art 3 s 7; 1981 c 352 s 20; 1982 c 424 s 130; 1982 c 569 s 10,11;
1983 c 121 s 26; 1983 c 373 s 24; 1984 c 644 s 22; 1986 c 425 s 47; 1989 c 335 art 1 s 269;
1Sp2005 c 1 art 2 s 161
115A.241 [Repealed, 1996 c 310 s 1]
115A.25 [Repealed, 1996 c 310 s 1]
115A.26 [Repealed, 1996 c 310 s 1]
115A.27 [Repealed, 1996 c 310 s 1]
115A.28 FINAL DECISION.
    Subdivision 1.[Repealed, 1996 c 310 s 1]
    Subd. 2. Decision paramount. The agency's decision under subdivision 1 shall be final
and shall supersede and preempt requirements of state agencies and political subdivisions and
the requirements of sections 473H.02 to 473H.17; except that a facility established pursuant
to the decision shall be subject to terms, conditions, and requirements in permits of state or
federal permitting agencies, the terms of lease determined by the agency under section 115A.06,
subdivision 4
, and any requirements imposed pursuant to subdivision 3. Except as otherwise
provided in this section, no charter provision, ordinance, rule, permit, or other requirement of
any state agency or political subdivision shall prevent or restrict the establishment, operation,
expansion, continuance, or closure of a facility in accordance with the final decision and leases of
the agency and permits issued by state or federal permitting agencies.
    Subd. 3. Local requirements. A political subdivision may impose reasonable requirements
respecting the construction, inspection, operation, monitoring, and maintenance of a facility. Any
such requirements shall be subject to review by the agency to determine their reasonableness and
consistency with the establishment and use of a facility in accordance with the final decision and
lease of the agency and to determine their reasonableness and consistency with permits of state
and federal permitting agencies. The agency may approve, disapprove, suspend, modify, or
reverse any such requirements. The decision of the agency shall be final.
History: 1980 c 564 art 3 s 11; 1981 c 352 s 22; 1983 c 373 s 33-35; 1984 c 644 s 29; 1985
c 248 s 70; 1986 c 425 s 47; 1986 c 444; 1989 c 335 art 1 s 269; 1Sp2005 c 1 art 2 s 161
115A.29 [Repealed, 1996 c 310 s 1]
115A.291 [Repealed, 1996 c 310 s 1]
115A.30 JUDICIAL REVIEW.
Any civil action maintained by or against the Pollution Control Agency under sections
115A.18 to 115A.30 shall be brought in the county where the Pollution Control Agency is
located and shall take precedence over all other matters of a civil nature and be expedited to
the maximum extent possible. Any person aggrieved by a decision of the Pollution Control
Agency or an agency under sections 115A.18 to 115A.30 may appeal therefrom within 30 days
following all final decisions on the issuance of permits. Any appeal shall be conducted as a review
of the administrative record as provided in sections 14.63 to 14.69. No civil action shall be
maintained pursuant to section 116B.03 with respect to conduct taken by a person pursuant to any
environmental quality standard, limitation, rule, order, license, stipulation agreement or permit
issued by the Pollution Control Agency under sections 115A.18 to 115A.30. Notwithstanding any
provision of chapter 116B to the contrary, in any action brought under that chapter with respect
to any decision or conduct undertaken by any person or the Pollution Control Agency pursuant
to sections 115A.18 to 115A.30 after the period for appeal under this section has lapsed, the
plaintiff shall have the burden of proving that the evidence required under section 116B.10 was
not reasonably available within the time provided for appeal. The trial court shall, upon motion of
any prevailing nongovernmental party, award costs, disbursements, reasonable attorney's fees,
and reasonable expert witness fees, if the court finds the action hereunder was commenced or
defended in bad faith or was frivolous.
History: 1980 c 564 art 3 s 13; 1982 c 424 s 130; 1983 c 373 s 37; 1985 c 248 s 70; 1987 c
384 art 2 s 1; 1989 c 335 art 1 s 269; 1Sp2005 c 1 art 2 s 161
115A.301 INDEMNIFICATION FOR CERTAIN DAMAGES ARISING FROM
STABILIZATION AND CONTAINMENT FACILITY.
    Subdivision 1. Indemnification by operator; exceptions. (a) As a condition of obtaining
an agency permit and except as provided in paragraph (b), the operator of a hazardous waste
stabilization and containment facility established under sections 115A.18 to 115A.30, upon the
acceptance of any hazardous waste for stabilization and containment, shall agree to indemnify any
other person for any liability the person may have under chapter 115B as a result of a release or
threatened release of hazardous waste from the stabilization and containment facility to the extent
of the financial responsibility requirement established in subdivision 2.
(b) The operator is not required to indemnify any person for liability to the extent that:
(1) the liability is the result of a violation by that person of state or federal law that governs
the handling, transportation, or disposal of hazardous substances;
(2) the liability is the result of a negligent act or omission of that person with respect to the
handling, transportation, or disposal of hazardous substances; or
(3) the liability is one for which a claim has been or may be paid by the Federal Postclosure
Liability Fund under United States Code, title 42, section 9607(k).
The operator is not required to indemnify any person for any claim filed more than 30 years
after closure of the stabilization and containment facility in accordance with agency rules.
(c) The operator may intervene as of right in any action that may result in a claim for
indemnification under this subdivision.
    Subd. 2. Financial responsibility. (a) As a condition of obtaining a permit to operate a
hazardous waste stabilization and containment facility established under sections 115A.18 to
115A.30, the operator shall demonstrate financial responsibility to pay claims of liability for
personal injury, economic loss, response costs, and natural resources damage that the operator
may incur as a result of a release or threatened release of a hazardous waste from the facility,
including liability for which the operator is required to indemnify other persons under subdivision
1. The amount of the operator's financial responsibility must be at least $40,000,000.
(b) The agency may require a higher level of financial responsibility as a condition of a
permit for a stabilization and containment facility depending upon the size of the facility, the
location of the facility, the types of waste that will be accepted at the facility, and other factors
affecting the risk of a release and potential liability. The operator may demonstrate financial
responsibility by any mechanism approved by the agency's hazardous waste rules. The operator
shall maintain financial responsibility as provided in this subdivision during operation of the
facility and until 30 years after facility closure in accordance with agency rules, provided that
the operator shall maintain financial responsibility after 30 years in the amount and for the time
necessary to satisfy any outstanding claims filed within 30 years after facility closure.
    Subd. 3. Liability trust fund. (a) A state facility liability trust fund is established as an
account in the state treasury. Money in the fund shall be held in trust by the state to pay claims
of liability resulting from the release or threatened release of hazardous waste from a disposal
facility established under sections 115A.18 to 115A.30, and to purchase insurance to pay the
claims. Subject to the limitations provided in paragraph (b), the fund and insurance purchased
by the fund shall pay claims to the extent that the claims are not satisfied by the operator of the
facility under subdivision 1, by the Federal Postclosure Liability Fund under United States Code,
title 42, section 9607(k), or by any person, including the operator, who is liable for the claim as a
result of violation of a state or federal law or a negligent act or omission.
(b) The state is not obligated to pay any claims in excess of the amount of money in the fund
and the limits of any insurance purchased by the fund.
(c) Interest earned by the money in the fund must be credited to the fund.
    Subd. 4. Determination of amounts in fund. The agency shall determine the amount of
money that will be needed in the state facility liability trust fund to maintain insurance coverage
for each facility of at least $10,000,000 during the operating life of the facility and to accumulate
a balance of at least $10,000,000 within 20 years after the facility begins operation. The agency
may require insurance coverage and accumulation of a fund balance in amounts greater than those
provided in this subdivision based upon the factors that the agency must consider in establishing
the level of financial responsibility under subdivision 2 and the amount of claims for which
the fund is likely to be liable under subdivision 3. Based on the amounts required to purchase
insurance and accumulate the fund balance, the agency shall establish a surcharge amount to be
collected under subdivision 5. The agency may adjust the amount of the surcharge based on
the actual quantities of waste received at the facility. Determinations by the agency under this
subdivision are subject to the rulemaking provisions of chapter 14.
    Subd. 5. Stabilization and containment surcharge. A surcharge must be paid for every
ton or part of a ton of hazardous waste accepted for stabilization and containment at a facility.
The operator shall collect and hold the surcharge in a separate account. By the first day of each
month, the operator shall pay any money in this account to the commissioner of finance for
credit to the state facility liability trust fund.
    Subd. 6. Administration. (a) The commissioner of finance shall administer the state facility
liability trust fund. Money in the fund is appropriated to the commissioner of finance for
expenditure as provided in subdivision 3. The commissioner shall establish separate accounts
in the fund for purchase of insurance and for accumulation of a fund balance as required by the
Pollution Control Agency under subdivision 4. After closure of the facility in accordance with
agency rules, the commissioner shall consolidate the two accounts and may use any interest
income from the fund to purchase insurance to pay claims for which the fund may be liable.
(b) The commissioner, in consultation with the attorney general, may settle any claims that
the fund may be required to pay. If two or more claims are made against the fund, the amount of
which would exceed the amount in the fund, the commissioner shall pay any valid claims on a
pro rata basis. The commissioner, on behalf of the fund, may intervene as of right in an action
that may result in a claim against the fund.
    Subd. 7. Rights preserved. Nothing in this section affects the right of any person to bring an
action under any law to recover costs or damages arising out of the release or threatened release
of a hazardous substance from a disposal facility established under sections 115A.18 to 115A.30.
Any costs or damages recoverable in such an action shall be reduced to the extent that the costs or
damages have been paid under subdivisions 1 to 3.
History: 1984 c 644 s 31; 1986 c 425 s 47; 1989 c 335 art 1 s 269; 1Sp2005 c 1 art 2 s 161
115A.31 LOCAL GOVERNMENT DECISIONS; TIMELINES.
If a county applies for or requests approval of establishment of a solid waste facility within
the boundaries of a local government unit, the local government unit shall approve or disapprove
the application or request within 120 days following the delivery by the county to the local
government unit of the application or request completed in accordance with the requirements of
applicable local ordinances.
If the proposed facility is one for which an environmental impact statement or environmental
assessment worksheet is required under section 116D.04, the local government unit shall approve
or disapprove the application or request within 90 days after the final determination of adequacy
of the environmental impact statement or environmental assessment worksheet.
History: 1991 c 337 s 13

SUPPLEMENTARY REVIEW OF CERTAIN WASTE FACILITIES

115A.32 RULES.
The board shall promulgate rules pursuant to chapter 14 to govern its activities under
sections 115A.32 to 115A.39. For the purposes of sections 115A.32 to 115A.39, "board" means
the Environmental Quality Board established in section 116C.03. In all of its activities and
deliberations under sections 115A.32 to 115A.39, the board shall consult with the commissioner
of the Pollution Control Agency.
History: 1980 c 564 art 4 s 1; 1982 c 424 s 130; 1989 c 335 art 1 s 269; 1992 c 593 art 1 s
11; 1995 c 247 art 2 s 9; 1Sp2005 c 1 art 2 s 161
115A.33 MS 1992 [Repealed, 1994 c 628 art 3 s 209]
115A.33 ELIGIBILITY; REQUEST FOR REVIEW.
The following persons shall be eligible to request supplementary review by the board
pursuant to sections 115A.32 to 115A.39: (a) a generator of sewage sludge within the state who
has been issued permits by the agency for a facility to dispose of sewage sludge or solid waste
resulting from sewage treatment; (b) a political subdivision which has been issued permits by
the agency, or a political subdivision acting on behalf of a person who has been issued permits
by the agency, for a solid waste facility which is no larger than 250 acres, not including any
proposed buffer area, and located outside the metropolitan area; (c) a generator of hazardous
waste within the state who has been issued permits by the agency for a hazardous waste facility to
be owned and operated by the generator, on property owned by the generator, and to be used by
the generator for managing the hazardous wastes produced by the generator only; (d) a person
who has been issued permits by the agency for a commercial hazardous waste processing facility
at a site included in the board's inventory of preferred sites for such facilities adopted pursuant
to Minnesota Statutes 1996, section 115A.09; (e) a person who has been issued permits by the
agency for a disposal facility for the nonhazardous sludge, ash, or other solid waste generated by
a permitted hazardous waste processing facility operated by the person. The board may require
completion of a plan conforming to the requirements of section 115A.46, before granting review
under clause (b). A request for supplementary review shall show that the required permits for the
facility have been issued by the agency and that a political subdivision has refused to approve
the establishment or operation of the facility.
History: 1980 c 564 art 4 s 2; 1981 c 352 s 23; 1989 c 335 art 1 s 269; 1992 c 593 art 1 s
54; 1994 c 628 art 3 s 209; 1995 c 247 art 1 s 6,60,64; 1999 c 86 art 1 s 21
115A.34 APPOINTMENT OF TEMPORARY BOARD MEMBERS.
Within 45 days of the submission of a request determined by the board to satisfy the
requirements for review under sections 115A.32 to 115A.39, temporary members shall be added
to the board for the purpose of the supplementary review. Three members shall be selected by the
governing body of the city or town in which the chair of the board determines the facility would
be principally located, and three members shall be selected by the governing body of the county
in which the chair of the board determines the proposed facility would be principally located.
If the proposed facility is located in unorganized territory, all six members shall be selected
by the governing board of the county. Temporary members shall be residents of the county in
which the proposed facility would be located and shall be selected to represent broadly the local
interests that would be directly affected by the proposed facility. At least one member appointed
by the city or town shall live within one mile of the proposed facility, and at least one member
appointed by the county shall be a resident of a city or town in which the proposed facility would
be located. If the appointing authority fails to appoint temporary members in the period allowed,
the governor shall appoint the temporary members to represent the local interests in accordance
with this section. Temporary members shall serve for terms lasting until the board has taken
final action on the facility.
History: 1980 c 564 art 4 s 3; 1981 c 352 s 24; 1986 c 444; 1989 c 335 art 1 s 269; 1992 c
593 art 1 s 54
115A.35 REVIEW PROCEDURE.
The board shall meet to commence the supplementary review within 90 days of the
submission of a request determined by the board to satisfy the requirements for review under
this section. At the meeting commencing the review, the chair shall recommend and the board
establish a scope and procedure, in accordance with the rules of the board, for review and final
decision on the proposed facility. The procedure shall require the board to make a final decision
on the proposed facility within 90 days following the commencement of review. The procedure
shall require the board to hold, at the call of the chair, at least one public hearing in the county
within which the proposed facility would be located. A majority of permanent members of the
board shall be present at the hearing. The hearing shall be conducted for the board by the state
Office of Administrative Hearings in a manner determined by the administrative law judge to be
consistent with the expeditious completion of the proceedings as required by sections 115A.32
to 115A.39. The hearing shall not be deemed a contested case under chapter 14. Notice of the
hearing shall be published in a newspaper or newspapers of general circulation in the area for
two successive weeks ending at least 15 days before the date of the meeting. The notice shall
describe the proposed facility, its location, the permits, and the board's scope and procedure for
review. The notice shall identify a location or locations within the city or town and county where
the permit applications, the agency permits, and the board's scope and procedure for review are
available for review and where copies may be obtained.
History: 1980 c 564 art 4 s 4; 1980 c 615 s 60; 1982 c 424 s 130; 1984 c 640 s 32; 1986 c
444; 1989 c 335 art 1 s 269; 1992 c 593 art 1 s 54
115A.36 SCOPE AND CONTENT OF REVIEW.
In its review and final decision on the proposed facility, the board shall consider at least
the following matters:
(a) the risk and effect of the proposed facility on local residents, units of government, and the
local public health, safety, and welfare, including such dangers as an accidental release of wastes
during transportation to the facility, water, air, and land pollution, and fire or explosion where
appropriate, and the degree to which the risk or effect may be alleviated;
(b) the consistency of the proposed facility with, and its effect on, existing and planned
local land use and development; local laws, ordinances, and permits; and local public facilities
and services;
(c) the adverse effects of the facility on agriculture and natural resources and opportunities to
mitigate or eliminate the adverse effects by additional stipulations, conditions, and requirements
respecting the proposed facility at the proposed site;
(d) the need for the proposed facility, especially its contribution to abating solid and
hazardous waste disposal, the availability of alternative sites, and opportunities to mitigate
or eliminate need by additional and alternative waste management strategies or actions of a
significantly different nature;
(e) whether, in the case of solid waste resource recovery facilities, the applicant has
considered the feasible and prudent waste processing alternatives for accomplishing the purposes
of the proposed project and has compared and evaluated the costs of the alternatives, including
capital and operating costs, and the effects of the alternatives on the cost to generators.
History: 1980 c 564 art 4 s 5; 1989 c 335 art 1 s 269; 1992 c 593 art 1 s 54
115A.37 FINAL DECISION OF BOARD.
    Subdivision 1. Approval or disapproval. In its final decision on the proposed facility, the
board may either approve or disapprove the proposed facility at the proposed site. The board's
approval shall embody all terms, conditions, and requirements of the permitting agencies, provided
that the board may: (a) finally resolve any conflicts between state agencies regarding permit
terms, conditions, and requirements, and (b) require more stringent permit terms, conditions,
and requirements respecting the design, construction, operation, inspection, monitoring, and
maintenance of the proposed facility at the proposed site. The board's resolution of conflicts under
clause (a) shall be in favor of the more stringent terms, conditions, and requirements.
    Subd. 2. Decision paramount. The decision of the board to approve a facility shall be
final and shall supersede and preempt requirements of state agencies and political subdivisions
and the requirements of sections 473H.02 to 473H.17; except that the facility shall be subject
to those terms, conditions, and requirements of permitting agencies embodied in the board's
approval and any requirements imposed pursuant to subdivision 3. The permitting agencies
shall issue or amend the permits for the facility within 60 days following and in accordance
with the final decision of the board, and all permits shall conform to the terms, conditions, and
requirements of the board's decision. No charter provision, ordinance, rule, permit, or other
requirement of any state agency or political subdivision shall prevent or restrict the establishment,
operation, expansion, continuance, or closure of the facility in accordance with the final decision
of the board and permits issued pursuant thereto.
    Subd. 3. Local requirements. A political subdivision may impose reasonable requirements
respecting the construction, inspection, operation, monitoring, and maintenance of a facility. Any
such requirements shall be subject to review by the agency to determine their reasonableness and
consistency with the establishment and use of a facility in accordance with the final decision of
the board and permits issued pursuant thereto. The agency may approve, disapprove, suspend,
modify, or reverse any such requirements. The decision of the agency shall be final.
History: 1980 c 564 art 4 s 6; 1981 c 352 s 25; 1985 c 248 s 70; 1989 c 335 art 1 s 269;
1992 c 593 art 1 s 54
115A.38 RECONCILIATION PROCEDURES.
    Subdivision 1. Reports to legislative commission. At least 30 days before making a final
decision under section 115A.37 in a review brought pursuant to section 115A.33, clause (d), the
chair of the board may report to the legislative commission describing permit conditions or
requirements being considered which are not within the existing authority of the agency or the
board or which would require legislation or public financial assistance. In any such report the
chair of the board may request intervention in the review pursuant to subdivisions 2 and 3.
    Subd. 2. Preintervention assessment. If the legislative commission determines that
intervention might be warranted under the terms of subdivision 1, the commission may suspend
the review process for up to 60 days to allow a preintervention assessment. The preintervention
assessment shall be conducted by an independent, impartial, and qualified public intervenor
appointed by the commission with the advice and consent of the parties to the dispute. The
intervenor shall report to the commission. The report shall include:
(a) an assessment of whether the dispute is ripe for mediation and whether the parties are
willing to mediate;
(b) an assessment of whether, within the terms of subdivision 1, substantive issues exist
which cannot be resolved effectively through normal administrative and judicial procedures;
(c) a preliminary definition of the facts and issues in dispute and actions and decisions
being considered;
(d) a description of the diverse parties having a legitimate and direct interest in the outcome
of the dispute.
    Subd. 3. Suspension of review process; intervention proceeding. Following the report
of the intervenor, the legislative commission may suspend the review process for an additional
period not to exceed 90 days for an intervention proceeding. The intervenor shall be in charge of
the intervention proceeding and may call for such participation and establish such procedures as
the intervenor deems necessary and appropriate to facilitate agreement. The intervenor shall keep
the chair of the legislative commission informed on the progress of the intervention proceeding,
particularly with respect to agreements or proposed agreements which may require action or
decisions not within the authority of the agency or board, legislative action, or public financial
assistance. The intervenor shall make recommendations to the commission respecting any
such agreements or proposed agreements. The commission may make recommendations to the
intervenor respecting any such agreement or proposed agreement. If the commission approves
of an agreement, or a decision based upon an agreement, which requires action or decisions not
within the authority of the agency or board, legislative action, or public financial assistance, the
commission shall cause the matter and recommendations to be submitted to the legislature for
consideration.
History: 1980 c 564 art 4 s 7; 1986 c 444; 1989 c 335 art 1 s 269; 1992 c 593 art 1 s 54
115A.39 JUDICIAL REVIEW.
Judicial review with respect to conduct or decisions in supplementary reviews brought
pursuant to section 115A.33, clause (c) or (d), shall be as provided in section 115A.30.
History: 1980 c 564 art 4 s 8

SOLID WASTE MANAGEMENT POLICY AND PROGRAMS

115A.41 [Repealed, 1988 c 685 s 44]
115A.411 SOLID WASTE MANAGEMENT POLICY; CONSOLIDATED REPORT.
    Subdivision 1. Authority; purpose. The commissioner shall prepare and adopt a report
on solid waste management policy. The report must be submitted by the commissioner to the
senate and house committees having jurisdiction over environment and natural resources and
environment and natural resources finance by December 1 of each odd-numbered year and
shall include reports required under sections 115A.55, subdivision 4, paragraph (b); 115A.551,
subdivision 4
; 115A.557, subdivision 4; 473.149, subdivision 6; 473.846; and 473.848,
subdivision 4
.
    Subd. 2. Contents. (a) The report must also include:
(1) a summary of the current status of solid waste management, including the amount of
solid waste generated, the manner in which it is collected, processed, and disposed, the extent
of separation, recycling, reuse, and recovery of solid waste, and the facilities available or under
development to manage the waste;
(2) an evaluation of the extent and effectiveness of implementation and an assessment
of progress in accomplishing state policies, goals, and objectives, including those listed in
paragraph (b);
(3) identification of issues requiring further research, study, and action, the appropriate scope
of the research, study, or action, the state agency or political subdivision that should implement
the research, study, or action, and a schedule for completion of the activity; and
(4) recommendations for establishing or modifying state solid waste management policies,
authorities, and programs.
(b) Beginning in 1997, and every sixth year thereafter, the report shall be expanded to
include the metropolitan area solid waste policy plan required in section 473.149, subdivision
1
, and strategies for the agency to advance the goals of this chapter, to manage waste as a
resource, to further reduce the need for expenditures on resource recovery and disposal facilities,
and to further reduce long-term environmental and financial liabilities. The expanded report
must include strategies for:
(1) achieving the maximum feasible reduction in waste generation;
(2) encouraging manufacturers to design products that eliminate or reduce the adverse
environmental impacts of resource extraction, manufacturing, use, and waste processing and
disposal;
(3) educating businesses, public entities, and other consumers about the need to consider
the potential environmental and financial impacts of purchasing products that may create a
liability or that may be expensive to recycle or manage as waste, due to the presence of toxic
or hazardous components;
(4) eliminating or reducing toxic or hazardous components in compost from municipal solid
waste composting facilities, in ash from municipal solid waste incinerators, and in leachate and
air emissions from municipal solid waste landfills, in order to reduce the potential liability of
waste generators, facility owners and operators, and taxpayers;
(5) encouraging the source separation of materials to the extent practicable, so that the
materials are most appropriately managed and to ensure that resources that can be reused or
recycled are not disposed of or destroyed; and
(6) maximizing the efficiency of the waste management system by managing waste and
recyclables close to the point of generation, taking into account the characteristics of the resources
to be recovered from the waste and the type and capacity of local facilities.
History: 1987 c 348 s 14; 1989 c 335 art 1 s 269; 1991 c 337 s 14; 1992 c 593 art 1 s 12;
1995 c 247 art 1 s 7; 1996 c 470 s 27; 1999 c 73 s 2; 1Sp2005 c 1 art 2 s 161
115A.415 SUBSTANDARD DISPOSAL FACILITIES.
Beginning July 1, 1995:
(1) a person may not deliver unprocessed mixed municipal solid waste to a substandard
disposal facility; and
(2) an operator of a substandard disposal facility may not accept unprocessed mixed
municipal solid waste for deposit in the disposal facility.
For the purpose of this section, "substandard disposal facility" means a disposal facility that
does not meet the design, construction, and operation requirements for a new mixed municipal
solid waste facility contained in state rules in effect as of January 1, 1993.
For the purpose of this section, waste is "unprocessed" if it has not, after collection and
before disposal, undergone at least one process, as defined in section 115A.03, subdivision 25,
excluding storage, exchange, and transfer of the waste.
History: 1993 c 249 s 10
115A.42 REGIONAL AND LOCAL SOLID WASTE MANAGEMENT PLANNING.
There is established a program to encourage and improve regional and local solid waste
management planning activities and efforts and to further the state policies and purposes
expressed in section 115A.02. The program under sections 115A.42 to 115A.46 is administered
by the commissioner pursuant to rules promulgated under chapter 14, except in the metropolitan
area where the program is administered by the commissioner pursuant to section 473.149. The
commissioner shall ensure conformance with federal requirements and programs established
pursuant to the Resource Conservation and Recovery Act of 1976 and amendments thereto.
History: 1980 c 564 art 5 s 1; 1982 c 424 s 130; 1982 c 569 s 12; 1987 c 348 s 15; 1987 c
404 s 137; 1989 c 335 art 1 s 269; 1995 c 247 art 2 s 10; 1Sp2005 c 1 art 2 s 161
115A.43 [Repealed, 1987 c 348 s 52]
115A.44 [Repealed, 1987 c 348 s 52]
115A.45 TECHNICAL ASSISTANCE.
The commissioner shall provide for technical assistance to encourage and improve solid
waste management and to assist political subdivisions in preparing the plans described in section
115A.46. The commissioner shall provide model plans for regional and local solid waste
management. The commissioner may contract for the delivery of technical assistance by a regional
development commission, any state or federal agency, private consultants, or other persons. The
commissioner shall prepare and publish an inventory of sources of technical assistance for solid
waste planning, including studies, publications, agencies, and persons available.
History: 1980 c 564 art 5 s 4; 1987 c 348 s 16; 1987 c 404 s 139; 1989 c 335 art 1 s 269;
1994 c 639 art 5 s 3; 1995 c 247 art 2 s 11; 1Sp2005 c 1 art 2 s 161
115A.46 REGIONAL AND LOCAL SOLID WASTE MANAGEMENT PLAN
REQUIREMENTS.
    Subdivision 1. General. (a) Plans shall address the state policies and purposes expressed in
section 115A.02 and may not be inconsistent with state law.
(b) Plans for the location, establishment, operation, maintenance, and postclosure use of
facilities and facility sites, for ordinances, and for licensing, permit, and enforcement activities
shall be consistent with the rules adopted by the agency pursuant to chapter 116.
(c) Plans shall address:
(1) the resolution of conflicting, duplicative, or overlapping local management efforts;
(2) the establishment of joint powers management programs or waste management districts
where appropriate; and
(3) other matters as the rules of the agency may require consistent with the purposes of
sections 115A.42 to 115A.46.
(d) Political subdivisions preparing plans under sections 115A.42 to 115A.46 shall consult
with persons presently providing solid waste collection, processing, and disposal services.
(e) Plans must be submitted to the commissioner for approval. When a county board is ready
to have a final plan approved, the county board shall submit a resolution requesting review and
approval by the commissioner. After receiving the resolution, the commissioner shall notify the
county within 45 days whether the plan as submitted is complete and, if not complete, the specific
items that need to be submitted to make the plan complete. Within 90 days after a complete
plan has been submitted, the commissioner shall approve or disapprove the plan. If the plan is
disapproved, reasons for the disapproval must be provided.
(f) After initial approval, each plan must be updated and submitted for approval at least every
ten years. The plan must be revised as necessary so that it is not inconsistent with state law.
(g) Rules that regulate plan content under subdivision 2 must reflect demographic,
geographic, regional, and solid waste system differences that exist among the counties.
    Subd. 2. Contents. (a) The plans shall describe existing collection, processing, and
disposal systems, including schedules of rates and charges, financing methods, environmental
acceptability, and opportunities for improvements in the systems.
(b) The plans shall include an estimate of the land disposal capacity in acre-feet which will
be needed through the year 2000, on the basis of current and projected waste generation practices.
In assessing the need for additional capacity for resource recovery or land disposal, the plans
shall take into account the characteristics of waste stream components and shall give priority to
waste reduction, separation, and recycling.
(c) The plans shall require the most feasible and prudent reduction of the need for and
practice of land disposal of mixed municipal solid waste.
(d) The plans shall address at least waste reduction, separation, recycling, and other resource
recovery options, and shall include specific and quantifiable objectives, immediately and over
specified time periods, for reducing the land disposal of mixed municipal solid waste and for the
implementation of feasible and prudent reduction, separation, recycling, and other resource
recovery options. These objectives shall be consistent with statewide objectives as identified in
statute. The plans shall describe methods for identifying the portions of the waste stream such as
leaves, grass, clippings, tree and plant residue, and paper for application and mixing into the soil
and use in agricultural practices. The plans shall describe specific functions to be performed and
activities to be undertaken to achieve the abatement, reduction, separation, recycling, and other
resource recovery objectives and shall describe the estimated cost, proposed manner of financing,
and timing of the functions and activities. The plans shall describe proposed mechanisms for
complying with the recycling requirements of section 115A.551, and the household hazardous
waste management requirements of section 115A.96, subdivision 6.
(e) The plans shall include a comparison of the costs of the activities to be undertaken,
including capital and operating costs, and the effects of the activities on the cost to generators
and on persons currently providing solid waste collection, processing, and disposal services. The
plans shall include alternatives which could be used to achieve the abatement objectives if the
proposed functions and activities are not established.
(f) The plans shall designate how public education shall be accomplished. The plans shall, to
the extent practicable and consistent with the achievement of other public policies and purposes,
encourage ownership and operation of solid waste facilities by private industry. For solid waste
facilities owned or operated by public agencies or supported primarily by public funds or
obligations issued by a public agency, the plans shall include criteria and standards to protect
comparable private and public facilities already existing in the area from displacement unless
the displacement is required in order to achieve the waste management objectives identified
in the plan.
(g) The plans shall establish a siting procedure and development program to assure the
orderly location, development, and financing of new or expanded solid waste facilities and
services sufficient for a prospective ten-year period, including estimated costs and implementation
schedules, proposed procedures for operation and maintenance, estimated annual costs and gross
revenues, and proposals for the use of facilities after they are no longer needed or usable.
(h) The plans shall describe existing and proposed county and municipal ordinances and
license and permit requirements relating to solid waste management and shall describe existing
and proposed regulation and enforcement procedures.
    Subd. 3.[Repealed, 1984 c 644 s 82]
    Subd. 4. Delegation of solid waste responsibilities. A county or a solid waste management
district established under sections 115A.62 to 115A.72 may not delegate to another governmental
unit or other person any portion of its responsibility for solid waste management unless it
establishes a funding mechanism to assure the ability of the entity to which it delegates
responsibility to adequately carry out the responsibility delegated.
    Subd. 5. Jurisdiction of plan. (a) After a county plan has been submitted for approval under
subdivision 1, a public entity, as defined in section 16B.122, subdivision 1, within the county
may not enter into a binding agreement governing a solid waste management activity that is
inconsistent with the county plan without the consent of the county.
(b) After a county plan has been approved under subdivision 1, the plan governs all solid
waste management in the county and a public entity, as defined in section 16B.122, subdivision 1,
within the county may not develop or implement a solid waste management activity, other than an
activity to reduce waste generation or reuse waste materials, that is inconsistent with the county
plan that the county is actively implementing without the consent of the county.
History: 1980 c 564 art 5 s 5; 1982 c 569 s 13; 1984 c 644 s 32,33; 1987 c 404 s 140; 1989
c 131 s 3; 1989 c 325 s 6; 1989 c 335 art 1 s 269; 1Sp1989 c 1 art 20 s 3,4; 1991 c 337 s 15,16;
1995 c 247 art 1 s 8; art 2 s 12; 2003 c 13 s 1; 1Sp2005 c 1 art 2 s 161
115A.47 [Repealed, 1995 c 247 art 2 s 55]
115A.471 PUBLIC ENTITIES; MANAGEMENT OF SOLID WASTE.
(a) Prior to entering into or approving a contract for the management of mixed municipal
solid waste which would manage the waste using a waste management practice that is ranked
lower on the list of preferred waste management practices in section 115A.02, paragraph (b), than
the waste management practice selected for such waste in the county plan for the county in which
the waste was generated, a public entity must:
(1) determine the potential liability to the public entity and its taxpayers for managing
the waste in this manner;
(2) develop and implement a plan for managing the potential liability; and
(3) submit the information from clauses (1) and (2) to the agency.
(b) For the purpose of this subdivision, "public entity" means the state; an office, agency,
or institution of the state; the Metropolitan Council; a metropolitan agency; the Metropolitan
Mosquito Control District; the legislature; the courts; a county; a statutory or home rule charter
city; a town; a school district; another special taxing district; or any other general or special
purpose unit of government in the state.
History: 1995 c 247 art 1 s 9
115A.48 MARKET DEVELOPMENT FOR RECYCLABLE MATERIALS AND
COMPOST.
    Subdivision 1. Authority. The commissioner shall assist and encourage the development of
specific facilities, services, and uses needed to provide adequate, stable, and reliable markets for
recyclable materials, solid waste suitable for land application, and compost generated in the state.
In carrying out this duty, the commissioner shall coordinate and cooperate with the solid waste
management efforts of other public agencies and political subdivisions.
    Subd. 2.[Repealed, 1996 c 470 s 29]
    Subd. 3. Public procurement. The commissioner shall provide technical assistance and
advice to political subdivisions and other public agencies to encourage solid waste reduction and
development of markets for recyclable materials and compost through procurement policies
and practices. Political subdivisions, educational institutions, and other public agencies shall
aggressively pursue procurement practices that encourage solid waste reduction, recycling, and
development of markets for recyclable materials and compost and shall, whenever practical,
procure products containing recycled materials.
    Subd. 4. Land application of solid waste. The commissioner shall provide technical
assistance and advice to political subdivisions on separating portions of the waste stream such
as leaves, grass, clippings, tree and plant residue, and paper for application and mixing into
the soil and for use in agricultural practices.
    Subd. 5.[Repealed, 1996 c 470 s 29]
History: 1987 c 348 s 17; 1988 c 685 s 11; 1989 c 131 s 4-6; 1989 c 335 art 1 s 269;
1Sp1989 c 1 art 18 s 10,11; 1994 c 639 art 5 s 3; 1Sp2005 c 1 art 2 s 161
115A.49 SOLID WASTE MANAGEMENT PROJECTS.
There is established a program to encourage and assist cities, counties, solid waste
management districts, and sanitary districts in the development and implementation of solid
waste management projects and to transfer the knowledge and experience gained from such
projects to other communities in the state. The program must be administered to encourage
local communities to develop feasible and prudent alternatives to disposal, including waste
reduction; waste separation by generators, collectors, and other persons; and waste processing.
The commissioner shall administer the program in accordance with the requirements of sections
115A.49 to 115A.54 and rules promulgated under chapter 14. In administering the program, the
commissioner shall give priority to projects in the order of preference of the waste management
practices listed in section 115A.02. The commissioner shall give special consideration to areas
where natural geologic and soil conditions are especially unsuitable for land disposal of solid
waste; areas where the capacity of existing solid waste disposal facilities is determined by the
commissioner to be less than five years; and projects serving more than one local government unit.
History: 1980 c 564 art 6 s 1; 1982 c 424 s 130; 1Sp1985 c 15 s 32; 1987 c 348 s 18; 1987 c
404 s 141; 1988 c 524 s 2; 1989 c 335 art 1 s 269; 1991 c 337 s 17; 1Sp2005 c 1 art 2 s 161
115A.50 ELIGIBLE RECIPIENTS.
Eligible recipients for assistance under the program shall be limited to cities, counties, solid
waste management districts established pursuant to sections 115A.62 to 115A.72, and sanitary
districts. Eligible recipients may apply for assistance under sections 115A.0716 and 115A.52
on behalf of other persons.
History: 1980 c 564 art 6 s 2; 1988 c 524 s 3; 1996 c 470 s 7
115A.51 APPLICATION REQUIREMENTS.
Applications for assistance under the program shall demonstrate: (a) that the project is
conceptually and technically feasible; (b) that affected political subdivisions are committed
to implement the project, to provide necessary local financing, and to accept and exercise
the government powers necessary to the project; (c) that operating revenues from the project,
considering the availability and security of sources of solid waste and of markets for recovered
resources, together with any proposed federal, state, or local financial assistance, will be sufficient
to pay all costs over the projected life of the project; (d) that the applicant has evaluated the feasible
and prudent alternatives to disposal and has compared and evaluated the costs of the alternatives,
including capital and operating costs, and the effects of the alternatives on the cost to generators.
The commissioner may require completion of a comprehensive solid waste management plan
conforming to the requirements of section 115A.46, before accepting an application.
History: 1980 c 564 art 6 s 3; 1987 c 348 s 19; 1987 c 404 s 142; 1989 c 335 art 1 s 269;
1994 c 639 art 5 s 3; 1Sp2005 c 1 art 2 s 161
115A.52 TECHNICAL ASSISTANCE FOR PROJECTS.
The commissioner shall ensure the delivery of technical assistance for projects eligible
under the program. The commissioner may contract or issue grants for the delivery of technical
assistance by any state or federal agency, a regional development commission, the Metropolitan
Council, or private consultants and may use program funds to reimburse the agency, commission,
council, or consultants. The commissioner shall prepare and publish an inventory of sources
of technical assistance, including studies, publications, agencies, and persons available. The
commissioner shall ensure statewide benefit from projects assisted under the program by
developing exchange and training programs for local officials and employees and by using the
experience gained in projects to provide technical assistance and education for other solid waste
management projects in the state.
History: 1980 c 564 art 6 s 4; 1Sp1985 c 15 s 33; 1987 c 348 s 20; 1987 c 404 s 143; 1989 c
335 art 1 s 269; 1994 c 639 art 5 s 3; 1999 c 73 s 3; 1Sp2005 c 1 art 2 s 161
115A.53 [Repealed, 1996 c 470 s 29]
115A.54 WASTE PROCESSING FACILITIES.
    Subdivision 1. Purposes; public interest; declaration of policy. The legislature finds that
the establishment of waste processing facilities and transfer stations serving such facilities is
needed to manage properly the solid waste generated in the state and to conserve and protect the
natural resources in the state and the health, safety, and welfare of its citizens; that opportunities
to establish the facilities and transfer stations are not being fully realized by individual political
subdivisions or by agreements among subdivisions; and that therefore it is necessary to provide
capital assistance to stimulate and encourage the acquisition and betterment of the facilities
and transfer stations.
    Subd. 2. Administration; assurance of funds. The commissioner shall provide technical
and financial assistance for the acquisition and betterment of the facilities and transfer stations
from revenues derived from the issuance of bonds authorized by section 115A.58. Facilities for
the incineration of solid waste without resource recovery are not eligible for assistance. Money
appropriated for the purposes of the demonstration program may be distributed as grants or loans.
An individual project may receive assistance totaling up to 100 percent of the capital cost of the
project and grants up to 50 percent of the capital cost of the project. No grant or loan shall be
disbursed to any recipient until the commissioner has determined the total estimated capital cost
of the project and ascertained that financing of the cost is assured by funds provided by the state,
by an agency of the federal government within the amount of funds then appropriated to that
agency and allocated by it to projects within the state, by any person, or by the appropriation of
proceeds of bonds or other funds of the recipient to a fund for the construction of the project.
    Subd. 2a. Solid waste management projects. (a) The commissioner shall provide technical
and financial assistance for the acquisition and betterment of solid waste management projects
as provided in this subdivision and section 115A.52. Money appropriated for the purposes of
this subdivision must be distributed as grants.
(b) Except as provided in paragraph (c), a project may receive grant assistance up to 25
percent of the capital cost of the project or $2,000,000, whichever is less, except that projects
constructed as a result of intercounty cooperative agreements may receive (1) grant assistance up
to 25 percent of the capital cost of the project; or (2) $2,000,000 times the number of participating
counties, whichever is less.
(c) A recycling project or a project to compost or cocompost waste may receive grant
assistance up to 50 percent of the capital cost of the project or $2,000,000, whichever is less,
except that projects completed as a result of intercounty cooperative agreements may receive (1)
grant assistance up to 50 percent of the capital cost of the project; or (2) $2,000,000 times the
number of participating counties, whichever is less. The following projects may also receive grant
assistance in the amounts specified in this paragraph:
(1) a project to improve control of or reduce air emissions at an existing resource recovery
facility; and
(2) a project to substantially increase the recovery of materials or energy, substantially
reduce the amount or toxicity of waste processing residuals, or expand the capacity of an existing
resource recovery facility to meet the resource recovery needs of an expanded region if each
county from which waste is or would be received has achieved a recycling rate in excess of
the goals in section 115A.551, and is implementing aggressive waste reduction and household
hazardous waste management programs.
(d) Notwithstanding paragraph (e), the commissioner may award grants for transfer stations
that will initially transfer waste to landfills if the transfer stations are part of a planned resource
recovery project, the county where the planned resource recovery facility will be located has a
comprehensive solid waste management plan approved by the commissioner, and the solid waste
management plan proposes the development of the resource recovery facility. If the proposed
resource recovery facility is not in place and operating within 16 years of the date of the grant
award, the recipient shall repay the grant amount to the state.
(e) Projects without resource recovery are not eligible for assistance.
(f) In addition to any assistance received under paragraph (b) or (c), a project may receive
grant assistance for the cost of tests necessary to determine the appropriate pollution control
equipment for the project or the environmental effects of the use of any product or material
produced by the project.
(g) In addition to the application requirements of section 115A.51, an application for a
project serving eligible jurisdictions in only a single county must demonstrate that cooperation
with jurisdictions in other counties to develop the project is not needed or not feasible. Each
application must also demonstrate that the project is not financially prudent without the state
assistance, because of the applicant's financial capacity and the problems inherent in the waste
management situation in the area, particularly transportation distances and limited waste supply
and markets for resources recovered.
(h) For the purposes of this subdivision, a "project" means a processing facility, together
with any transfer stations, transmission facilities, and other related and appurtenant facilities
primarily serving the processing facility. The commissioner shall adopt rules for the program
by July 1, 1985.
(i) Notwithstanding anything in this subdivision to the contrary, a project to construct a new
mixed municipal solid waste transfer station that has an enforceable commitment of at least ten
years, or of sufficient length to retire bonds sold for the facility, to serve an existing resource
recovery facility may receive grant assistance up to 75 percent of the capital cost of the project
if addition of the transfer station will increase substantially the geographical area served by
the resource recovery facility and the ability of the resource recovery facility to operate more
efficiently on a regional basis and the facility meets the criteria in paragraph (c), the second clause
(2). A transfer station eligible for assistance under this paragraph is not eligible for assistance
under any other paragraph of this subdivision.
    Subd. 3. Obligations of recipient. No grant or loan for any project shall be disbursed until
the governing body of the recipient has made an irrevocable undertaking, by resolution, to use
all funds made available exclusively for the capital cost of the project and to pay any additional
amount by which the cost of the project exceeds the estimate by appropriation to the construction
fund of additional funds or proceeds of additional bonds of the recipient. The resolution shall
also indicate that any subsequent withdrawal of allocated or additional funds of the recipient
will impair the obligation of contract between the state of Minnesota, the recipient, and the
bondholders. The resolution shall pledge payment to the debt service account of all revenues of
the project to the extent that they exceed costs and shall also obligate the recipient to levy a
tax sufficient to make timely payments under the loan agreement, if a deficiency occurs in the
amount of user charges, taxes, special assessments, or other money pledged for payment under the
loan agreement. Each loan made to a recipient shall be secured by resolutions adopted by the
commissioner of the Pollution Control Agency and the governing body of the recipient, obligating
the recipient to repay the loan to the commissioner of finance in annual installments including
both principal and interest. Installments shall be in an amount sufficient to pay the principal
amount within the period required by the commissioner of the Pollution Control Agency. The
interest on the loan shall be calculated on the declining balance at a rate not less than the average
annual interest rate on the state bonds of the issue from which proceeds of the loan were made.
The resolution shall obligate the recipient to provide money for the repayment from user charges,
taxes, special assessments or any other funds available to it.
    Subd. 4. Termination of obligations; good-faith effort. Notwithstanding the provisions of
section 16A.695, the commissioner may terminate the obligations of a grant or loan recipient
under this section, if the commissioner finds that the recipient has made a good-faith effort to
exhaust all options in trying to comply with the terms and conditions of the grant or loan. In lieu
of declaring a default on a grant or a loan under this section, the commissioner may identify
additional measures a recipient should take in order to meet the good-faith test required for
terminating the recipient's obligations under this section. By December 15 of each year, the
commissioner shall report to the legislature the defaults and terminations the commissioner has
ordered in the previous year, if any. No decision on termination under this section is effective until
the end of the legislative session following the commissioner's report.
History: 1980 c 564 art 6 s 6; 1981 c 352 s 26; 1983 c 373 s 38; 1985 c 274 s 5; 1Sp1985 c
15 s 34; 1987 c 348 s 22; 1989 c 325 s 7; 1989 c 335 art 1 s 269; 1990 c 594 art 1 s 50; 1993
c 249 s 11; 1994 c 585 s 5; 1994 c 639 art 5 s 3; 1997 c 216 s 95; 1Sp2001 c 2 s 123; 2003 c
112 art 2 s 50; 2003 c 128 art 1 s 125; 1Sp2005 c 1 art 2 s 161
115A.541 PLAN; GRANT REQUIREMENT.
The commissioner may approve a plan under section 115A.46 or make a grant for a recycling
facility under section 115A.54, subdivision 2a, only if the commissioner finds that the applicant
demonstrates a commitment to recycle materials separated by generators to the extent the program
is cost-effective in meeting recycling goals.
History: 1988 c 685 s 12; 1989 c 335 art 1 s 269; 1994 c 639 art 5 s 3; 1Sp2005 c 1 art 2
s 161
115A.542 [Repealed, 1994 c 585 s 57]
115A.545 MIXED MUNICIPAL SOLID WASTE PROCESSING PAYMENT.
    Subdivision 1. Definition. (a) For the purpose of this section, the following terms have
the meanings given them.
(b) "Processed" means mixed municipal solid waste that has been:
(1) burned for energy recovery; or
(2) processed into usable compost or refuse derived fuel.
(c) "Processing facility" means a facility designed to burn mixed municipal solid waste for
energy recovery or designed to process mixed municipal solid waste into usable compost or
refuse-derived fuel.
(d) "County" includes a consortium of counties operating under a solid waste management
joint powers agreement.
    Subd. 2. Processing payment. (a) The commissioner shall pay counties a processing
payment for each ton of mixed municipal solid waste that is generated in the county and processed
at a resource recovery facility. The processing payment shall be $5 for each ton of mixed
municipal solid waste processed.
(b) By the last day of October, January, April, and July, each county claiming the processing
payment shall file a claim for payment with the commissioner for the three previous months
certifying the number of tons of mixed municipal solid waste that were generated in the county
and processed at a resource recovery facility. The commissioner shall pay the processing
payments by November 15, February 15, May 15, and August 15 each year.
(c) If the total amount for which all counties are eligible in a quarter exceeds the amount
available for payment, the commissioner shall make the payments on a pro rata basis.
(d) All of the money received by a county under paragraph (a) must be used to lower the
tipping fee for waste to be processed at a resource recovery facility.
    Subd. 3. Expiration date. The payment in subdivision 2 expires on July 1, 2005. For waste
delivered to a resource recovery facility from April 1, 2005, to June 30, 2005, a county must
submit payment claims by July 31, 2005. The commissioner shall make the final mixed municipal
solid waste processing payments by August 15, 2005.
History: 1Sp2001 c 2 s 124; 2002 c 220 art 8 s 12,13; 2003 c 128 art 1 s 126; 1Sp2005
c 1 art 2 s 161
115A.55 SOLID WASTE REDUCTION.
    Subdivision 1. Coordination. The commissioner shall develop and coordinate solid waste
reduction programs to include at least public education, promotion of waste reduction, and
technical and financial assistance to solid waste generators.
    Subd. 2. Technical assistance. The commissioner shall provide technical assistance to solid
waste generators to enable the waste generators to implement programs or methods to reduce
the amount of solid waste generated. The commissioner may use any means specified in section
115A.52 to provide technical assistance.
    Subd. 3.[Repealed, 1996 c 470 s 29]
    Subd. 4. Statewide source reduction goal. (a) It is a goal of the state that there be a
minimum ten percent per capita reduction in the amount of mixed municipal solid waste generated
in the state by December 31, 2000, based on a reasonable estimate of the amount of mixed
municipal solid waste that was generated in calendar year 1993.
(b) As part of the 1997 report required under section 115A.411, the commissioner shall
submit to the senate and house committees having jurisdiction over environment and natural
resources and environment and natural resources finance a proposed strategy for meeting the goal
in paragraph (a). The strategy must include a discussion of the different reduction potentials to be
found in various sectors and may include recommended interim goals. The commissioner shall
report progress on meeting the goal in paragraph (a), as well as recommendations and revisions to
the proposed strategy, as part of the 1999 report required under section 115A.411.
History: 1Sp1989 c 1 art 20 s 5; 1994 c 639 art 5 s 3; 1995 c 247 art 1 s 10,11; 1996 c
470 s 27; 1Sp2005 c 1 art 2 s 161
115A.5501 REDUCTION OF PACKAGING IN WASTE.
    Subdivision 1. Statewide waste packaging reduction goal. It is the goal of the state
that there be a minimum 25 percent statewide per capita reduction in the amount of discarded
packaging delivered to facilities by December 31, 1995, based on a reasonable estimate of the
amount of packaging that was delivered to facilities in calendar year 1992.
    Subd. 2. Measurement; procedures. To measure the overall percentage of packaging in the
statewide solid waste stream, the commissioner shall conduct annual solid waste composition
studies in the nonmetropolitan and metropolitan areas or shall develop an alternative method that
is as statistically reliable as a waste composition study to measure the percentage of packaging
in the waste stream.
The commissioner shall average the nonmetropolitan and metropolitan results and submit the
statewide percentage, along with a statistically reliable margin of error, to the senate and house
committees having jurisdiction over environment and natural resources and environment and
natural resources finance by July 1 of each year. The 1994 report must include a discussion of
the reliability of data gathered under this subdivision and the methodology used to determine a
statistically reliable margin of error.
    Subd. 3. Facility cooperation and reports. The owner or operator of a facility shall allow
access upon reasonable notice to authorized agency staff for the purpose of conducting waste
composition studies or otherwise assessing the amount of total packaging in the waste delivered
to the facility under this section.
Beginning in 1993, by February 1 of each year the owner or operator of a facility governed
by this subdivision shall submit a report to the commissioner, on a form prescribed by the
commissioner, specifying the total amount of solid waste received by the facility between January
1 and December 31 of the previous year. The commissioner shall calculate the total amount of
solid waste delivered to solid waste facilities from the reports received from the facility owners or
operators and shall report the aggregate amount by April 1 of each year. The commissioner shall
assess a nonforgivable administrative penalty under section 116.072 of $500 plus any forgivable
amount necessary to enforce this subdivision on any owner or operator who fails to submit a
report required by this subdivision.
    Subd. 4. Report. The commissioner shall apply the statewide percentage determined under
subdivision 2 to the aggregate amount of solid waste determined under subdivision 3 to determine
the amount of packaging in the waste stream. By July 1, 1996, the commissioner shall submit to
the Legislative Commission on Waste Management an analysis of the extent to which the waste
packaging reduction goal in subdivision 1 has been met. In determining whether the goal has been
met, the margin of error must be applied in favor of meeting the goal. The commissioner shall
use the statistical mean for the data collected in determining whether the goal has been met and
shall include in the analysis a discussion of the margin of error and statistical reliability for the
data collected.
    Subd. 5. Recommendations for further reduction goals. If the goal in subdivision 1 is
met, the commissioner shall include in the report required in subdivision 4 recommendations for
appropriate goals for further reducing the amount of discarded packaging delivered to facilities.
The report must include an analysis of the costs of further reductions.
    Subd. 6. Definition. For the purposes of this section, "facility" means a composting,
incineration, refuse-derived fuel, or disposal facility that accepts mixed municipal solid waste or
construction waste.
History: 1992 c 593 art 1 s 13; 1993 c 249 s 12; 1994 c 585 s 6-10; 1994 c 632 art 2 s 30;
1995 c 247 art 1 s 12; art 2 s 13,14; 1996 c 470 s 27; 1Sp2005 c 1 art 2 s 161
115A.5502 PACKAGING PRACTICES; PREFERENCES; GOALS.
Packaging forms a substantial portion of solid waste and contributes to environmental
degradation and the costs of managing solid waste. It is imperative to reduce the amount
and toxicity of packaging that must be managed as solid waste. In order to achieve significant
reduction of packaging in solid waste and to assist packagers and others to meet the packaging
reduction goal in section 115A.5501, the goal of the state is that items be distributed without
any packaging where feasible and, only when necessary to protect health and safety or product
integrity, with the minimal amount of packaging possible. The following categories of packaging
are listed in order of preference for use by all persons who find it necessary to package items
for distribution or use in the state:
(1) minimal packaging that contains no intentionally introduced toxic materials and that is
designed to be and actually is reused for its original purpose at least five times;
(2) minimal packaging that contains no intentionally introduced toxic materials and consists
of a significant percentage of postconsumer material;
(3) minimal packaging that contains no intentionally introduced toxic materials, that is
recyclable, and is regularly collected through recycling collection programs available to at least
75 percent of the residents of the state;
(4) minimal packaging that does not comply with clause (1), (2), or (3) because it is required
under federal or state law and for which there does not exist a commercially feasible alternative
that does comply with clause (1), (2), or (3);
(5) packaging that contains no intentionally introduced toxic materials but does not comply
with clauses (1) to (4); and
(6) all other packaging.
History: 1994 c 585 s 11; 1995 c 247 art 1 s 13
115A.551 RECYCLING.
    Subdivision 1. Definition. (a) For the purposes of this section, "recycling" means, in addition
to the meaning given in section 115A.03, subdivision 25b, yard waste composting, and recycling
that occurs through mechanical or hand separation of materials that are then delivered for reuse
in their original form or for use in manufacturing processes that do not cause the destruction of
recyclable materials in a manner that precludes further use.
(b) For the purposes of this section, "total solid waste generation" means the total by
weight of:
(1) materials separated for recycling;
(2) materials separated for yard waste composting;
(3) mixed municipal solid waste plus yard waste, motor and vehicle fluids and filters, tires,
lead acid batteries, and major appliances; and
(4) residential waste materials that would be mixed municipal solid waste but for the fact
that they are not collected as such.
    Subd. 2. County recycling goals. By December 31, 1993, each county outside of the
metropolitan area will have as a goal to recycle a minimum of 25 percent by weight of total solid
waste generation; and by December 31, 1993, each county within the metropolitan area will have
as a goal to recycle a minimum of 35 percent by weight of total solid waste generation. Each
county will develop and implement or require political subdivisions within the county to develop
and implement programs, practices, or methods designed to meet its recycling goal. Nothing in
this section or in any other law may be construed to prohibit a county from establishing a higher
recycling goal.
    Subd. 2a. Supplementary recycling goals. (a) By December 31, 1996, each county will
have as a goal to recycle the following amounts:
(1) for a county outside of the metropolitan area, 35 percent by weight of total solid waste
generation;
(2) for a metropolitan county, 50 percent by weight of total solid waste generation.
Each county will develop and implement or require political subdivisions within the county
to develop and implement programs, practices, or methods designed to meet its recycling
goal. Nothing in this section or in any other law may be construed to prohibit a county from
establishing a higher recycling goal.
(b) For a county that, by January 1, 1995, is implementing a solid waste reduction program
that is approved by the commissioner, the commissioner shall apply up to three percentage points
toward achievement of the recycling goals in this subdivision. In addition, the commissioner shall
apply demonstrated waste reduction that exceeds three percent reduction toward achievement of
the goals in this subdivision.
(c) No more than five percentage points may be applied toward achievement of the recycling
goals in this subdivision for management of yard waste. The five percentage points must be
applied as provided in this paragraph. The commissioner shall apply three percentage points for a
county in which residents, by January 1, 1996, are provided with:
(1) an ongoing comprehensive education program under which they are informed about how
to manage yard waste and are notified of the prohibition in section 115A.931; and
(2) the opportunity to drop off yard waste at specified sites or participate in curbside yard
waste collection.
The commissioner shall apply up to an additional two percentage points toward achievement of
the recycling goals in this subdivision for additional activities approved by the commissioner that
are likely to reduce the amount of yard waste generated and to increase the on-site composting
of yard waste.
    Subd. 3. Interim goals; nonmetropolitan counties. The commissioner shall establish
interim recycling goals for the nonmetropolitan counties to assist them in meeting the goals
established in subdivision 2.
    Subd. 4. Interim monitoring. The commissioner shall monitor the progress of each county
toward meeting the recycling goals in subdivisions 2 and 2a. The commissioner shall report to
the senate and house committees having jurisdiction over environment and natural resources and
environment and natural resources finance on the progress of the counties by July 1 of each
odd-numbered year. If the commissioner finds that a county is not progressing toward the goals in
subdivisions 2 and 2a, the commissioner shall negotiate with the county to develop and implement
solid waste management techniques designed to assist the county in meeting the goals, such as
organized collection, curbside collection of source-separated materials, and volume-based pricing.
The progress report shall be included in the report required under section 115A.411.
    Subd. 5. Failure to meet goal. (a) A county failing to meet the interim goals in subdivision 3
shall, as a minimum:
(1) notify county residents of the failure to achieve the goal and why the goal was not
achieved; and
(2) provide county residents with information on recycling programs offered by the county.
(b) If, based on the recycling monitoring described in subdivision 4, the commissioner
finds that a county will be unable to meet the recycling goals established in subdivisions 2 and
2a, the commissioner shall, after consideration of the reasons for the county's inability to meet
the goals, recommend legislation for consideration by the senate and house committees having
jurisdiction over environment and natural resources and environment and natural resources
finance to establish mandatory recycling standards and to authorize the commissioner to mandate
appropriate solid waste management techniques designed to meet the standards in those counties
that are unable to meet the goals.
    Subd. 6. County solid waste plans. Each county shall include in its solid waste management
plan described in section 115A.46, or its solid waste master plan described in section 473.803, a
recycling implementation strategy for meeting the recycling goal established in subdivision 2a
along with mechanisms for providing financial incentives to solid waste generators to reduce the
amount of waste generated and to separate recyclable materials from the waste stream.
    Subd. 7. Recycling implementation strategy. Each county shall submit to the commissioner
for approval the recycling implementation strategy required in subdivision 6. The recycling
implementation strategy must be submitted by October 31, 1995, and must:
(1) be consistent with the approved county solid waste management plan;
(2) identify the materials that are being and will be recycled in the county to meet the goals
under this section and the parties responsible and methods for recycling the material;
(3) provide a budget to ensure adequate funding for needed county and local programs and
demonstrate an ongoing commitment to spending the money on recycling programs; and
(4) include a schedule for implementing recycling activities needed to meet the goals in
subdivision 2a.
History: 1Sp1989 c 1 art 18 s 12; 1991 c 337 s 19-21; 1992 c 593 art 1 s 14-16,54; 1993 c
249 s 13,14,61; 1994 c 639 art 5 s 3; 1995 c 247 art 1 s 14-17; art 2 s 15; 1996 c 470 s 27; 1999
c 73 s 4; 1Sp2005 c 1 art 2 s 161
115A.552 OPPORTUNITY TO RECYCLE.
    Subdivision 1. County requirement. Counties shall ensure that residents, including
residents of single and multifamily dwellings, have an opportunity to recycle. At least one
recycling center shall be available in each county. Opportunity to recycle means availability
of recycling and curbside pickup or collection centers for recyclable materials at sites that are
convenient for persons to use. Counties shall also provide for the recycling of problem materials
and major appliances. Counties shall assess the operation of existing and proposed recycling
centers and shall give due consideration to those centers in ensuring the opportunity to recycle. To
the extent practicable, the costs incurred by a county for collection, storage, transportation, and
recycling of major appliances must be collected from persons who discard the major appliances.
    Subd. 2. Recycling opportunities. An opportunity to recycle must include:
(1) a local recycling center in the county and sites for collecting recyclable materials that are
located in areas convenient for persons to use them;
(2) curbside pickup, centralized drop-off, or a local recycling center for at least four broad
types of recyclable materials in cities with a population of 5,000 or more persons; and
(3) monthly pickup of at least four broad types of recyclable materials in cities of the first
and second class and cities with 5,000 or more population in the metropolitan area.
    Subd. 3. Recycling information, education, and promotion. (a) Each county shall provide
information on how, when, and where materials may be recycled, including a promotional
program that publishes notices at least once every three months and encourages source separation
of residential, commercial, industrial, and institutional materials.
(b) The commissioner shall develop materials for counties to use in providing information on
and promotion of recycling.
(c) The commissioner shall provide technical assistance to counties to help counties
implement recycling programs.
    Subd. 4. Nonresidential recycling. Each county shall encourage building owners and
managers, business owners and managers, and collectors of commercial mixed municipal solid
waste to provide appropriate recycling services and opportunities to generators of commercial,
industrial, and institutional solid waste in the county.
History: 1Sp1989 c 1 art 18 s 13; 1991 c 337 s 22-24; 1994 c 639 art 5 s 3; 1Sp2005
c 1 art 2 s 161
115A.553 COLLECTION AND TRANSPORTATION OF RECYCLABLE MATERIALS.
    Subdivision 1. Collection centers and transportation required. Each county must ensure
alone or in conjunction with other counties that materials separated for recycling are taken to
markets for sale or to recyclable material processing centers. An action may not be taken by a
county under this section to preclude a person generating or collecting solid waste from delivering
recyclable materials to a recycling facility of the generator's or collector's choice.
    Subd. 2. Licensing of recyclable materials collection. Counties may require county or
municipal licenses for collection of recyclable materials.
    Subd. 3. Transportation systems. The commissioner of the Pollution Control Agency and
the commissioner of transportation shall develop an efficient transportation system for recyclable
materials to reach markets and processing centers that may be used by counties. The system may
include regional collection centers.
History: 1Sp1989 c 1 art 18 s 14; 1994 c 639 art 5 s 3; 1Sp2005 c 1 art 2 s 161
115A.555 RECYCLING CENTER DESIGNATION.
The agency shall designate recycling centers for the purpose of section 173.086. To be
designated as a recycling center, a recycling facility must be open a minimum of 12 operating
hours each week, 12 months each year, and must accept for recycling:
(1) at least four different materials such as paper, glass, plastic, and metal; and
(2) if the recycling center accepts metal, hazard signs, as defined in section 161.242,
subdivision 2
, paragraph (h), to the same extent that a junk yard dealer must accept hazard signs
under section 161.242, subdivision 6a.
History: 1Sp1989 c 1 art 18 s 16; 1991 c 197 s 1
115A.556 MATERIALS USED FOR RECYCLING.
Materials and products used for recycling such as containers, receptacles, and storage bins
with short life cycles must be recyclable and made at least in part from recycled materials from
this state, if available.
History: 1989 c 325 s 8
115A.557 COUNTY WASTE REDUCTION AND RECYCLING FUNDING.
    Subdivision 1. Distribution; formula. Any funds appropriated to the commissioner for the
purpose of distribution to counties under this section must be distributed each fiscal year by the
commissioner based on population, except a county may not receive less than $55,000 in a fiscal
year. If the amount available for distribution under this section is less than the amount available
in fiscal year 2001, the minimum county payment under this section is reduced proportionately.
For purposes of this subdivision, "population" has the definition given in section 477A.011,
subdivision 3
. A county that participates in a multicounty district that manages solid waste and
that has responsibility for recycling programs as authorized in section 115A.552, must pass
through to the districts funds received by the county in excess of the minimum county payment
under this section in proportion to the population of the county served by that district.
    Subd. 2. Purposes for which money may be spent. A county receiving money distributed
by the commissioner under this section may use the money only for the development and
implementation of programs to:
(1) reduce the amount of solid waste generated;
(2) recycle the maximum amount of solid waste technically feasible;
(3) create and support markets for recycled products;
(4) remove problem materials from the solid waste stream and develop proper disposal
options for them;
(5) inform and educate all sectors of the public about proper solid waste management
procedures;
(6) provide technical assistance to public and private entities to ensure proper solid waste
management;
(7) provide educational, technical, and financial assistance for litter prevention; and
(8) process mixed municipal solid waste generated in the county at a resource recovery
facility located in Minnesota.
    Subd. 3. Eligibility to receive money. (a) To be eligible to receive money distributed by the
commissioner under this section, a county shall within one year of October 4, 1989:
(1) create a separate account in its general fund to credit the money; and
(2) set up accounting procedures to ensure that money in the separate account is spent only
for the purposes in subdivision 2.
(b) In each following year, each county shall also:
(1) have in place an approved solid waste management plan or master plan including a
recycling implementation strategy under section 115A.551, subdivision 7, and a household
hazardous waste management plan under section 115A.96, subdivision 6, by the dates specified
in those provisions;
(2) submit a report by April 1 of each year to the commissioner detailing for the previous
calendar year:
(i) how the money was spent including, but not limited to, specific information on the
number of employees performing SCORE planning, oversight, and administration; the percentage
of those employees' total work time allocated to SCORE planning, oversight, and administration;
the specific duties and responsibilities of those employees; and the amount of staff salary for these
SCORE duties and responsibilities of the employees; and
(ii) the resulting gains achieved in solid waste management practices; and
(3) provide evidence to the commissioner that local revenue equal to 25 percent of the money
sought for distribution under this section will be spent for the purposes in subdivision 2.
(c) The commissioner shall withhold all or part of the funds to be distributed to a county
under this section if the county fails to comply with this subdivision and subdivision 2.
    Subd. 4. Report. By July 1 of each odd-numbered year, the commissioner shall report on
how the money was spent and the resulting statewide improvements in solid waste management to
the senate and house committees having jurisdiction over ways and means, finance, environment
and natural resources, and environment and natural resources finance. The report shall be included
in the report required under section 115A.411.
History: 1Sp1989 c 1 art 19 s 1; 1991 c 337 s 26; 1992 c 593 art 1 s 17,54; 1994 c 585 s 13;
1994 c 639 art 5 s 3; 1995 c 247 art 1 s 19,20; 1996 c 470 s 27; 2000 c 490 art 10 s 1; 1Sp2001 c
2 s 125; 2002 c 374 art 6 s 2; 2004 c 284 art 2 s 11; 1Sp2005 c 1 art 2 s 161
115A.558 SAFETY GUIDE.
The Pollution Control Agency shall prepare and distribute to all interested persons a guide
for operation of a recycling or yard waste composting facility to protect the environment and
public health.
History: 1Sp1989 c 1 art 22 s 2; 1995 c 247 art 2 s 16; 1Sp2005 c 1 art 2 s 161
115A.56 [Repealed, 1996 c 359 s 11]

STATE WASTE MANAGEMENT BONDS

115A.57 [Repealed, 1989 c 271 s 36]
115A.58 MINNESOTA STATE WASTE MANAGEMENT BONDS.
    Subdivision 1. Authority to issue bonds. The commissioner of finance shall sell bonds of
the state of Minnesota for the prompt and full payment of which, together with interest, the full
faith, credit, and taxing powers of the state are irrevocably pledged. Bonds shall be sold only upon
request of the commissioner of the Pollution Control Agency and in the amount as may otherwise
be authorized by this or a subsequently enacted law which authorizes the sale of additional bonds
and the deposit of the proceeds in a waste management account in the bond proceeds fund. Any
authorized amount of bonds in this law or any subsequently enacted law authorizing the issuance
of bonds for the purposes of the waste management account, together with this section, constitute
complete authority for the issue. The bonds shall not be subject to restrictions or limitations
contained in any other law.
    Subd. 2. Issuance of bonds. Upon request by the commissioner of the Pollution Control
Agency and upon authorization as provided in subdivision 1, the commissioner of finance shall sell
Minnesota state waste management bonds. The bonds shall be in the aggregate amount requested,
and sold upon sealed bids upon the notice, at the price in the form and denominations, bearing
interest at the rate or rates, maturing in the amounts and on the dates (with or without option of
prepayment upon notice and at specified times and prices), payable at a bank or banks within or
outside the state (with provisions, if any, for registration, conversion, and exchange and for the
issuance of temporary bonds or notes in anticipation of the sale or delivery of definitive bonds),
and in accordance with further provisions as the commissioner of finance shall determine, subject
to the approval of the attorney general, but not subject to chapter 14, including section 14.386.
The bonds shall be executed by the commissioner of finance under official seal. The signature
on the bonds and any interest coupons and the seal may be printed, lithographed, engraved,
stamped, or otherwise reproduced thereon, except that each bond shall be authenticated by the
manual signature on its face of the commissioner of finance or of an authorized representative of a
bank designated by the commissioner of finance as registrar or other authenticating agent. The
commissioner of finance shall ascertain and certify to the purchasers of the bonds the performance
and existence of all acts, conditions, and things necessary to make them valid and binding general
obligations of the state of Minnesota, subject to the approval of the attorney general.
    Subd. 3. Expenses. All expenses incidental to the sale, printing, execution, and delivery
of bonds pursuant to this section, including but not limited to actual and necessary travel and
subsistence expenses of state officers and employees for these purposes, and any expenses of
litigation relating to the validity of the bonds, shall be paid from the waste management account,
and the amounts necessary are appropriated from that account.
    Subd. 4. Debt service account. The commissioner of finance shall maintain in the state
bond fund a separate account to be called the state waste management debt service account.
It shall record receipts of premium and accrued interest, loan repayments, project revenue or
other money transferred to the fund and income from the investment of the money and record
any disbursements to pay the principal and interest on waste management bonds. Income from
investment shall be credited to the account in each fiscal year. The amount credited shall be equal
to the average return that year on all funds invested by the commissioner of finance, as determined
by the commissioner of finance, times the average balance in the account that year.
    Subd. 5. Appropriations to debt service account; appropriation from account to pay
debt service. The premium and accrued interest received on each issue of Minnesota state waste
management bonds, and all payments received in repayment of loans and other revenues received,
are appropriated to the debt service account. All income from the investment of the waste
management account in the bond proceeds fund is appropriated to the debt service account. In
order to reduce the amount of taxes otherwise required to be levied, there is also appropriated to
the debt service account from any funds available in the general fund on November 1 in each
year, a sum of money sufficient in amount, when added to the balance then on hand, to pay all
principal and interest on Minnesota waste management bonds due and to become due before July
1 in the second ensuing year. So much of the debt service account as is necessary to pay principal
and interest on waste management bonds is annually appropriated from the debt service account
for the payment of principal and interest of the waste management bonds. All funds appropriated
by this subdivision shall be available in the debt service account prior to any levy of the tax in any
year required by the Minnesota Constitution, article XI, section 7.
    Subd. 6. Security. On or before December 1 in each year, the state auditor shall levy on all
taxable property within the state whatever tax may be necessary to produce an amount sufficient,
with all money currently credited to the debt service account, to pay the entire amount of principal
and interest currently due and the principal and interest to become due before July 1 in the second
year thereafter on Minnesota waste management bonds. This tax shall be subject to no limitation
of rate or amount until all the bonds and interest thereon are fully paid. The proceeds of this
tax are appropriated to the debt service account. The principal of and interest on the bonds are
payable from the proceeds of this tax.
History: 1980 c 564 art 7 s 2; 1982 c 424 s 130; 1983 c 301 s 110; 1Sp1985 c 14 art 4 s 13;
1989 c 271 s 11-14; 1989 c 335 art 1 s 269; 1994 c 639 art 5 s 3; 1995 c 233 art 2 s 56; 1997 c
187 art 5 s 13; 2003 c 112 art 2 s 15,50; 1Sp2005 c 1 art 2 s 161
115A.59 BOND AUTHORIZATION AND APPROPRIATION OF PROCEEDS.
The commissioner of finance is authorized, upon request of the commissioner of the
Pollution Control Agency, to sell state bonds in the amount of up to $8,800,000 for the purpose of
the waste processing facility capital assistance program under section 115A.54. The bonds shall
be sold in the manner and upon the conditions prescribed in sections 16A.631 to 16A.675, and in
the Minnesota Constitution, article XI, sections 4 to 7. The amount of bonds issued pursuant to
this authorization shall not exceed at any time the amount needed to produce a balance in the
waste management account equal to the aggregate amount of the loans and grants then approved
and not previously disbursed, plus the amount of the loans and grants to be approved in the current
and the following fiscal year, as estimated by the commissioner of the Pollution Control Agency.
History: 1980 c 564 art 7 s 3; 1989 c 271 s 15; 1989 c 335 art 1 s 269; 1994 c 639 art 5 s 3;
2002 c 379 art 1 s 30; 1Sp2005 c 1 art 2 s 161

SOLID WASTE MANAGEMENT DISTRICTS

115A.62 PURPOSE; PUBLIC INTEREST; DECLARATION OF POLICY.
The legislature finds that the development of integrated and coordinated solid waste
management systems is needed to manage properly the solid waste generated in the state, to
conserve and protect the natural resources in the state and the health, safety, and welfare of its
citizens, and to further the state policies and purposes expressed in section 115A.02; that this
need cannot always be met solely by the activities of individual political subdivisions or by
agreements among subdivisions; and that therefore it is necessary to establish a procedure for the
creation of solid waste management districts having the powers and performing the functions
prescribed in sections 115A.62 to 115A.72.
History: 1980 c 564 art 8 s 1; 1982 c 569 s 14
115A.63 SOLID WASTE MANAGEMENT DISTRICTS.
    Subdivision 1. Legal status. Solid waste management districts established pursuant to
sections 115A.62 to 115A.72 shall be public corporations and political subdivisions of the state.
    Subd. 2. Establishment. The commissioner may establish waste districts as public
corporations and political subdivisions of the state, define the powers of such districts in
accordance with sections 115A.62 to 115A.72, define and alter the boundaries of the districts
as provided in section 115A.64, and terminate districts as provided in section 115A.66. The
commissioner shall promulgate rules pursuant to chapter 14 governing the establishment,
alteration, and termination of districts.
    Subd. 3. Restrictions. No waste district shall be established within the boundaries of the
Western Lake Superior Sanitary District established under chapter 458D. No waste district shall be
established wholly within one county. The commissioner shall not establish a waste district within
or extending into the metropolitan area, nor define or alter the powers or boundaries of a district,
unless the articles of incorporation of the district require that the district will have the same
procedural and substantive responsibilities, duties, and relationship to the metropolitan agencies
as a metropolitan county. The commissioner shall require the completion of a comprehensive
solid waste management plan conforming to the requirements of section 115A.46, by petitioners
seeking to establish a district.
History: 1980 c 564 art 8 s 2; 1982 c 424 s 130; 1989 c 335 art 1 s 269; 1992 c 464 art 1 s
15; 1992 c 593 art 1 s 19; 1994 c 639 art 5 s 3; 1995 c 247 art 2 s 17; 1Sp2005 c 1 art 2 s 161
115A.64 PROCEDURE FOR ESTABLISHMENT AND ALTERATION.
    Subdivision 1. Local petition. Waste districts shall be established and their powers and
boundaries defined or altered by the commissioner only after petition requesting the action jointly
submitted by the governing bodies of petitioners comprising at least one-half of the counties
partly or wholly within the district. A petition for alteration shall include a resolution by the board
of directors of the district approving the alteration.
    Subd. 2. Petition contents. (a) A petition requesting establishment or alteration of a
waste district must contain the information the commissioner may require, including at least
the following:
(1) the name of the proposed district;
(2) a description of the territory and political subdivisions within and the boundaries of the
proposed district or alteration thereto, along with a map showing the district or alteration;
(3) resolutions of support for the district, as proposed to the commissioner, from the
governing body of each of the petitioning counties;
(4) a statement of the reason, necessity, and purpose for the district, plus a general description
of the solid waste management improvements and facilities contemplated for the district showing
how its activities will accomplish the purpose of the district and the purposes for waste resource
districts stated in sections 115A.62 to 115A.72;
(5) articles of incorporation stating:
(i) the powers of the district consistent with sections 115A.62 to 115A.72, including a
statement of powers proposed pursuant to sections 115A.70, 115A.71, and 115A.715; and
(ii) provisions for representation and election of the board of directors of the district.
(b) After the petition has been filed, no petitioner may withdraw from it except with the
written consent of all other petitioners for the district.
    Subd. 3. Local review and comment. At least 60 days before submitting the petition to
the commissioner, the petitioners shall publish notice of the petition in newspapers of general
circulation in the proposed district and shall cause a copy of the petition to be served upon
the agency, the governing body of each political subdivision which is wholly or partly within
the proposed district or is affected by the proposed alteration and each regional development
commission affected by the proposed district or alteration. Each entity receiving service shall
have 60 days within which to comment to the petitioners on the petition and the proposed district
or alteration. Proof of service, along with any comments received, shall be attached to the petition
when it is submitted to the commissioner.
    Subd. 4. Review procedures. Upon receipt of the petition, the commissioner shall determine
whether the petition conforms in form and substance to the requirements of law and rule. If the
petition does not conform to the requirements, the commissioner shall return it immediately
to the petitioners with a statement describing the deficiencies and the amendments necessary
to rectify them. If the petition does conform to the requirements, and if comments have been
received objecting to the establishment or alteration of the district as proposed, the commissioner
shall request the Office of Administrative Hearings to conduct a hearing on the petition. The
hearing shall be conducted in the proposed district in the manner provided in chapter 14 for
contested cases. If no comments have been received objecting to the establishment of the district
as proposed, the commissioner may proceed to grant or deny the petition without the necessity
of conducting a contested case hearing. If the petition conforms to the requirements of law and
rule, the commissioner shall also immediately submit the petition to the solid waste and the
technical advisory councils for review and recommendation and shall prepare a report containing
recommendations on the disposition of the petition. The commissioner's report shall contain at
least the commissioner's findings and conclusions on whether the proposed boundaries, purposes,
powers, and management plans of the district or alteration thereto serve the purposes of waste
resource districts, are appropriately related to the waste generation, collection, processing, and
disposal patterns in the area, and are generally consistent with the purposes of the agency's
regulatory program.
    Subd. 5. Corrections allowed. No petition submitted by the requisite number of counties
shall be void or dismissed on account of defects exposed in the hearing documents or report. The
commissioner shall permit the petition to be amended in form and substance to conform to the
facts by correcting any errors in the description of the territory or any other defects.
    Subd. 6. Order. After considering the reports of the administrative law judge, if a contested
case hearing has been held, and the recommendations of the advisory councils, the commissioner
shall make a final decision on the petition. If the commissioner finds and determines that the
establishment or alteration of a district as proposed in the petition would not be in the public
interest and would not serve the purposes of sections 115A.62 to 115A.72, the commissioner
shall give notice to the petitioners of intent to deny the petition. If a contested case hearing
has not been held, the petitioners may request a hearing within 30 days of the notice of intent
to deny the petition. The request shall be granted. Following the hearing and the report of the
administrative law judge, the commissioner shall make a final decision on the petition and
mail a copy of the decision to the governing body of each affected political subdivision. If the
commissioner finds and determines that the establishment or alteration of a district as proposed in
the petition would be in the public interest and would serve the purposes of sections 115A.62 to
115A.72, the commissioner shall, by order, establish the district, define its boundaries, and give
it a corporate name by which, in all proceedings, it shall thereafter be known. The order shall
include articles of incorporation stating the powers of the district and the location of its registered
office. Upon the filing of a certified copy of the order of the commissioner with the secretary of
state, the district shall become a political subdivision of the state and a public corporation, with
the authority, power, and duties prescribed in sections 115A.62 to 115A.72 and the order of the
commissioner. At the time of filing, a copy of the order shall be mailed by the commissioner to
the governing body of each political subdivision wholly or partly within the district or affected by
the alteration of the district.
History: 1980 c 564 art 8 s 3; 1980 c 615 s 60; 1982 c 424 s 130; 1984 c 640 s 32; 1986 c
444; 1987 c 186 s 15; 1989 c 335 art 1 s 269; 1991 c 337 s 27; 1994 c 639 art 5 s 3; 1Sp2005
c 1 art 2 s 161
115A.65 PERPETUAL EXISTENCE.
A waste district created under the provisions of sections 115A.62 to 115A.72 shall have
perpetual existence to the extent necessary to perform all acts necessary and proper for carrying
out and exercising the powers and duties expressly given in it. A district shall not be terminated
except pursuant to section 115A.66.
History: 1980 c 564 art 8 s 4
115A.66 TERMINATION.
    Subdivision 1. Petition. Proceedings for the termination of a district shall be initiated by the
filing of a petition with the commissioner. The petition shall be submitted by the governing bodies
of not less than one-half of the counties which are wholly or partly in the district. The petition
shall state that the existence of the district is no longer in the public interest. The petitioners shall
publish notice of the petition in newspapers of general circulation in the district and shall cause
to be served upon each political subdivision wholly or partly within the district a copy of the
petition, and proof of service shall be attached to the petition filed with the commissioner.
    Subd. 2. Bond; payment of costs. If the petition is dismissed or denied, the petitioners shall
be required to pay all costs and expenses of the proceeding for termination. At the time of filing
the petition, a bond shall be filed by the petitioners with the commissioner in such sum as the
commissioner determines to be necessary to ensure payment of costs.
    Subd. 3. Hearing; decision. If objection is made to the commissioner against the petition for
termination, a contested case hearing on the petition shall be held in the waste district pursuant to
chapter 14. If the commissioner determines that the termination of the district as proposed in the
petition would not be in the public interest, the commissioner shall give notice to the petitioner
of intent to deny the petition. If a contested case hearing has not been held, the petitioner may
request a hearing within 30 days of the notice of intent to deny the petition. The request shall be
granted. Following the hearing and the report of the administrative law judge, the commissioner
shall make a final decision on the petition. If the petition is dismissed, all costs of the proceeding
shall be assessed against the petitioner. If the commissioner determines that the existence of the
district is no longer in the public interest, the commissioner shall by findings and order terminate
the district. Upon the filing of a certified copy of the findings and order with the secretary of state,
the district shall cease to be a public corporation and a political subdivision of the state.
    Subd. 4. Limitation. The commissioner shall not entertain a petition for termination of a
district within five years from the date of the formation of the district nor shall the commissioner
entertain a petition for termination of the same district more often than once in five years.
History: 1980 c 564 art 8 s 5; 1982 c 424 s 130; 1984 c 640 s 32; 1989 c 335 art 1 s 269;
1994 c 639 art 5 s 3; 1Sp2005 c 1 art 2 s 161
115A.67 ORGANIZATION OF DISTRICT.
    Subdivision 1. Board. The chair shall be elected from outside the board of directors by
majority vote of the board of directors. The first chair shall serve for a term of two years. Members
of the board of directors shall be residents of the district.
    Subd. 2. First meeting. The first meeting of the board of directors shall be held at the
call of the chair, after notice, for the purpose of proposing the bylaws, electing officers and for
any other business that comes before the meeting. The bylaws of the district, and amendments
thereto, shall be adopted by a majority vote of the board of directors unless the certificate of
incorporation requires a greater vote.
    Subd. 3. Bylaws. The bylaws shall state:
(a) the manner and time of calling regular meetings of the representatives and the board of
directors, not less than once annually;
(b) the title, manner of selection, and term of office of officers of the district;
(c) the term of office of members of the board of directors, the manner of their removal, and
the manner of filling vacancies on the board of directors;
(d) the powers and duties of the board of directors consistent with the order and articles of
incorporation establishing the district;
(e) the definition of a quorum for meetings of the board of directors, which shall be not
less than a majority of the members;
(f) the compensation and reimbursement for expenses for members of the board of directors,
which shall not exceed that provided for in section 15.0575, subdivision 3; and
(g) such other provisions for regulating the affairs of the district as the board of directors
shall determine to be necessary.
History: 1980 c 564 art 8 s 6; 1983 c 373 s 39; 1986 c 444; 1989 c 335 art 1 s 269; 1991
c 337 s 28
115A.68 REGISTERED OFFICE.
Every district shall maintain an office in this state to be known as its registered office. When
a district desires to change the location of its registered office, it shall file with the secretary of
state and the commissioner of the agency, a certificate stating the new location by city, town, or
other community and the effective date of change. When the certificate has been duly filed, the
board of directors may make the change without any further action.
History: 1980 c 564 art 8 s 7; 1987 c 186 s 15; 1989 c 335 art 1 s 269; 1Sp2005 c 1 art 2
s 161
115A.69 POWERS.
    Subdivision 1. General. A district shall have all powers necessary or convenient to perform
its duties, including the powers provided in this section.
    Subd. 2. Actions. The district may sue and be sued, and shall be a public body within the
meaning of chapter 562.
    Subd. 3. Acquisition of property. The district may acquire by purchase, lease,
condemnation, gift, or grant, any right, title, and interest in and to real or personal property
deemed necessary for the exercise of its powers or the accomplishment of its purposes, including
positive and negative easements and water and air rights. Any local government unit and the
commissioners of transportation, natural resources, and administration may convey to or permit
the use of any property or facilities by the district, subject to the rights of the holders of any bonds
issued with respect thereto, with or without compensation and without an election or approval
by any other government agency. The district may hold the property for its purposes, and may
lease or rent the property so far as not needed for its purposes, upon the terms and in the manner
as it deems advisable. The right to acquire lands and property rights by condemnation shall be
exercised in accordance with chapter 117. The district may take possession of any property for
which condemnation proceedings have been commenced at any time after the issuance of a court
order appointing commissioners for its condemnation.
    Subd. 4. Right of entry. Whenever the district deems it necessary to the accomplishment of
its purposes, the district or any member, employee, or agent thereof, when authorized by it, may
enter upon any property, public or private, for the purpose of obtaining information or conducting
surveys or investigations, provided that the entrance and activity is undertaken after reasonable
notice and during normal business hours and provided that compensation is made for any damage
to the property caused by the entrance and activity.
    Subd. 5. Gifts and grants. The district may apply for and accept gifts, loans, or other
property from the United States, the state, or any person for any of its purposes, may enter into
any agreement required in connection therewith, and may hold, use, and dispose of the money or
property in accordance with the terms of the gift, grant, loan or agreement.
    Subd. 6. Property exempt from taxation. Any real or personal property owned, used, or
occupied by the district for any authorized purpose is declared to be acquired, owned, used and
occupied for public and governmental purposes, and shall be exempted from taxation by the state
or any political subdivision of the state, except to the extent that the property is subject to the
sales and use tax under chapter 297A, provided that those properties shall be subject to special
assessments levied by a political subdivision for a local improvement in amounts proportionate
to and not exceeding the special benefit received by the properties from the improvement. No
possible use of the properties in any manner different from their use for solid waste management
at the time shall be considered in determining the special benefit received by the properties.
    Subd. 7. Facilities and services. The district may construct, equip, develop, enlarge,
improve, and operate solid waste facilities and services as it deems necessary and may negotiate
contracts for the use of public or private facilities and services. The district shall contract with
private persons for the construction, maintenance, and operation of facilities and services where
the facilities and services are adequate and available for use and competitive with other means of
providing the same service.
    Subd. 8. Rates; charges. The district may establish and collect rates and charges for the
facilities and services provided by the district and may negotiate and collect rates and charges for
facilities and services contracted for by the district. The board of directors of the district may
agree with the holders of district obligations which are secured by revenues of the district as to the
maximum or minimum amounts which the district shall charge and collect for services provided
by the district. Before establishing or raising any rates and charges, the board of directors shall
hold a public hearing regarding the proposed rates and charges. Notice of the hearing shall be
published at least once in a legal newspaper of general circulation throughout the area affected by
the rates and charges. Publication shall be no more than 45 days and no less than 15 days prior
to the date of the hearing.
    Subd. 9. Disposition of property. The district may sell or otherwise dispose of any real or
personal property acquired by it which is no longer required for accomplishment of its purposes.
The property shall be sold in the manner provided by section 469.065, insofar as practical. The
district shall give notice of sale which it deems appropriate. When the district determines that any
property which has been acquired from a government unit without compensation is no longer
required, the district shall transfer it to the government unit.
    Subd. 10. Disposition of products and energy. The district may use, sell, or otherwise
dispose of all of the products and energy produced by its facilities. Section 471.345 shall not apply
to the sale of products and energy. The district shall give particular consideration to the needs of
purchasers in this state and shall actively promote sales to such purchasers so long as this can be
done at prices and under conditions that meet constitutional requirements and that are consistent
with the district's object of being financially self supporting to the greatest extent possible.
    Subd. 11. Contracts. The district may enter into any contract necessary or proper for the
exercise of its powers or the accomplishment of its purposes.
    Subd. 12. Joint powers. The district may act under the provisions of section 471.59, or any
other law providing for joint or cooperative action between government units.
    Subd. 13. Research. The district may conduct research studies and programs, collect and
analyze data, prepare reports, maps, charts, and tables, and conduct all necessary hearings and
investigations in connection with its work and may advise and assist other government units on
planning matters within the scope of its powers, duties, and objectives.
    Subd. 14. Employees; contracts for services. The district may employ persons or firms and
contract for services to perform engineering, legal, or other services necessary to carry out its
functions.
    Subd. 15. Insurance. The district may require any employee to obtain and file with it an
individual bond or fidelity insurance policy. It may procure insurance in amounts it deems
necessary to insure against liability of the board of directors and employees or both, for personal
injury or death and property damage or destruction, with the force and effect stated in chapter
466, and against risks of damage to or destruction of any of its facilities, equipment, or other
property as it deems necessary.
    Subd. 16. Review of projects. The district may require that persons shall not acquire,
construct, alter, reconstruct, or operate a solid waste facility within the district without prior
consultation with and approval of the district.
History: 1980 c 564 art 8 s 8; 1982 c 569 s 15; 1983 c 213 s 3; 1987 c 291 s 195; 2000
c 418 art 2 s 1
115A.70 DESIGNATION OF RESOURCE RECOVERY FACILITIES; REQUIRED USE.
    Subdivision 1.[Repealed, 1984 c 644 s 82]
    Subd. 2.[Repealed, 1984 c 644 s 82]
    Subd. 3.[Repealed, 1984 c 644 s 82]
    Subd. 4.[Repealed, 1984 c 644 s 82]
    Subd. 5.[Repealed, 1984 c 644 s 82]
    Subd. 6.[Repealed, 1984 c 644 s 82]
    Subd. 7.[Repealed, 1984 c 644 s 82]
    Subd. 8. Authority. A waste management district possessing designation authority in its
articles of incorporation may be authorized to designate a resource recovery facility under
sections 115A.80 to 115A.89.
History: 1980 c 564 art 8 s 9; 1982 c 569 s 16-18; 1983 c 373 s 40,41; 1984 c 644 s 34
115A.71 BONDING POWERS.
    Subdivision 1. General. A district may exercise the bonding powers provided in this section
to the extent the powers are authorized by the order of the commissioner establishing the district
and by its articles of incorporation.
    Subd. 2. Debt. The district's bonds shall be sold, issued, and secured in the manner provided
in chapter 475 for revenue bonds and the district shall have the same powers and duties as a
municipality and its governing body in issuing revenue bonds under that chapter. No election
shall be required. The bonds may be sold at any price and at public or private sale as determined
by the district and shall not be subject to any limitation as to rate.
    Subd. 3. Revenue bonds. A district may borrow money and incur indebtedness by issuing
bonds and obligations which are payable solely:
(a) from revenues, income, receipts, and profits derived by the district from its operation and
management of solid waste facilities;
(b) from the proceeds of warrants, notes, revenue bonds, debentures, or other evidences of
indebtedness issued and sold by the district which are payable solely from such revenues, income,
receipts, and profits;
(c) from federal or state grants, gifts, or other moneys received by the district which are
available therefor.
Every issue of revenue bonds by the district shall be payable out of any funds or revenues
from any facility of the district, subject only to agreements with the holders of particular bonds
or notes pledging particular revenues or funds. If any facility of the district is funded in whole
or in part by Minnesota waste management bonds issued under sections 115A.58 and 115A.59,
the state bonds shall take priority. The district may provide for priorities of liens in the revenues
between the holders of district obligations issued at different times or under different resolutions.
The district may provide for the refunding of any district obligation through the issuance of
other district obligations entitled to rights and priorities similar in all respects to those held
by the obligations that are refunded.
History: 1980 c 564 art 8 s 10; 1989 c 335 art 1 s 269; 1991 c 199 art 2 s 1; 1994 c 639
art 5 s 3; 1Sp2005 c 1 art 2 s 161
115A.715 SOLID WASTE AUTHORITY.
A district has all the authority of a county for solid waste management purposes that is given
to counties under this chapter and chapters 400 and 473, except the authority to issue general
obligation bonds or to levy property taxes. A district has the authority of a county to issue general
obligation bonds and to levy property taxes only if and only to the extent that the governing body
of each county that is a member of the district agrees to delegate the authority to the district. The
delegation of the authority is irrevocable unless the governing body of each county that is a
member of the district agrees to the revocation.
History: 1991 c 337 s 29
115A.72 AUDIT.
The board of directors, at the close of each year's business, shall cause an audit of the books,
records, and financial affairs of the district to be made by a certified public accountant or the state
auditor. Copies of a written report of the audit, certified to by the auditors, shall be placed and
kept on file at the principal place of business of the district and shall be filed with the secretary of
state and the commissioner.
History: 1980 c 564 art 8 s 11; 1989 c 335 art 1 s 269; 1994 c 639 art 5 s 3; 1Sp2005
c 1 art 2 s 161

DESIGNATION OF SOLID WASTE MANAGEMENT FACILITIES

115A.80 DESIGNATION OF SOLID WASTE MANAGEMENT FACILITIES; PURPOSE.
In order to further the state policies and purposes expressed in section 115A.02, and to
advance the public purposes served by effective solid waste management, the legislature finds
and declares that it may be necessary pursuant to sections 115A.80 to 115A.89 to authorize
a qualifying solid waste management district or county to designate a solid waste processing
or disposal facility.
History: 1984 c 644 s 35; 1989 c 325 s 9
115A.81 DEFINITIONS.
    Subdivision 1. Scope. The terms used in sections 115A.80 to 115A.893 have the meanings
given them in this section.
    Subd. 2. Designation. "Designation" means a requirement by a waste management district or
county that all or any portion of the solid waste that is generated within its boundaries or any
service area thereof be delivered to a processing or disposal facility identified by the district
or county.
    Subd. 3.[Repealed, 1995 c 247 art 2 s 55]
History: 1984 c 644 s 36; 1985 c 274 s 6; 1987 c 348 s 23; 1989 c 325 s 10; 1992 c 593
art 1 s 20
115A.82 ELIGIBILITY.
Facilities may be designated under sections 115A.80 to 115A.89 by (1) a solid waste
management district established pursuant to sections 115A.62 to 115A.72 and possessing
designation authority in its articles of incorporation; or (2) a county, but only for waste generated
outside of the boundaries of a district qualifying under clause (1) or the Western Lake Superior
Sanitary District established under chapter 458D.
History: 1984 c 644 s 37; 1992 c 464 art 1 s 16
115A.83 WASTES SUBJECT TO DESIGNATION; EXEMPTIONS.
    Subdivision 1. Application. Designation applies to the following wastes:
(1) mixed municipal solid waste; and
(2) other solid waste that prior to final processing or disposal:
(i) is not managed as a separate waste stream; or
(ii) is managed as a separate waste stream using a waste management practice that is ranked
lower on the list of waste management practices in section 115A.02, paragraph (b), than the
primary waste management practice that would be used on the waste at the designated facility.
    Subd. 2. Exemption. The designation may not apply to or include:
(1) materials that are separated from solid waste and recovered for reuse in their original
form or for use in manufacturing processes;
(2) materials that are processed at a resource recovery facility at the capacity in operation at
the time that the designation plan is approved by the commissioner;
(3) materials that are separated at a permitted transfer station located within the boundaries
of the designating authority for the purpose of recycling the materials if:
(i) the transfer station was in operation on January 1, 1991; or
(ii) the materials were not being separated for recycling at the designated facility at the time
the transfer station began separation of the materials; or
(4) recyclable materials that are being recycled, and residuals from recycling if there is at
least an 85 percent volume reduction in the solid waste processed at the recycling facility and the
residuals are managed as separate waste streams.
For the purposes of this section, "manufacturing processes" does not include the treatment of
waste after collection for the purpose of composting.
History: 1984 c 644 s 38; 1989 c 325 s 11; 1991 c 337 s 30; 1992 c 593 art 1 s 21; 1994 c
639 art 5 s 3; 1Sp2005 c 1 art 2 s 161
115A.84 DESIGNATION PLAN.
    Subdivision 1. Requirement. Before commencing the designation procedure under section
115A.85, the district or county shall adopt a comprehensive solid waste management plan or,
under chapter 473, a master plan. The county or district shall then submit a plan for designation
to be approved under this section. A county's or district's designation plan must be consistent
with its solid waste management plan or master plan and with statewide and regional waste
management goals.
    Subd. 2. Designation; plan contents. (a) The designation plan must evaluate:
(1) the benefits of the designation, including the public purposes achieved by the
conservation and recovery of resources, the furtherance of local and any district or regional
waste management plans and policies, and the furtherance of the state policies and purposes
expressed in section 115A.02; and
(2) the estimated costs of the designation, including the direct capital, operating, and
maintenance costs of the facility designated, the indirect costs, and the long-term effects of
the designation.
(b) In particular the designation plan must evaluate:
(1) whether the designation will result in the recovery of resources or energy from materials
which would otherwise be wasted;
(2) whether the designation will lessen the demand for and use of indiscriminate land
disposal;
(3) whether the designation is necessary for the financial support of the facility;
(4) whether less restrictive methods for ensuring an adequate solid waste supply are available;
(5) other feasible and prudent waste management alternatives for accomplishing the purposes
of the proposed designation, the direct and indirect costs of the alternatives, including capital and
operating costs, and the effects of the alternatives on the cost to generators; and
(6) whether the designation takes into account and promotes local, regional, and state waste
management goals.
(c) When the plan proposes designation to disposal facilities, the designation plan must also
evaluate:
(1) whether the disposal facility is part of an integrated waste management system involving
a processing facility and the designation is necessary for the financial support of the processing
facility;
(2) whether the designation will better serve to protect public health and safety;
(3) the impacts on other disposal facilities inside and outside the area;
(4) whether the designation is necessary to promote regional waste management programs
and cooperation; and
(5) the extent to which the design and operation of the disposal facility protects the
environment including whether it is permitted under current agency rules and whether any portion
of the facility's site is listed under section 115B.17, subdivision 13.
(d) When the plan proposes designation to a disposal facility, mixed municipal solid waste
that is subject to a contract between a hauler and a different facility that is in effect on the date
notice is given under section 115A.85, subdivision 2, is not subject to the designation during the
contract period or for one year after the date notice is given, whichever period is shorter.
    Subd. 3. Plan approval. (a) A district or county planning a designation shall submit the
designation plan to the commissioner for review and approval or disapproval.
(b) The commissioner shall complete the review and make a decision within 120 days
following submission of the plan for review. The commissioner shall approve the designation
plan if the plan satisfies the requirements of subdivision 2 and, in the case of designation to
disposal facilities, if the commissioner finds that the plan has demonstrated that the designation is
necessary and is consistent with section 115A.02. The commissioner may attach conditions to
the approval that relate to matters required in a designation ordinance under section 115A.86,
subdivision 1
, paragraph (a), clauses (1) to (4), and paragraph (b). Amendments to plans must
be submitted for review in accordance with this subdivision.
    Subd. 4. Exclusion of certain materials. (a) When the commissioner approves the
designation plan, the commissioner shall exclude from the designation materials that the
commissioner determines will be processed at a resource recovery facility separate from the
designated facility if:
(1) the resource recovery facility requesting the exclusion is substantially completed or will
be substantially completed within 18 months of the time that the designation plan is approved
by the commissioner;
(2) the facility requesting the exclusion has or will have contracts for purchases of its
product; and
(3) the materials are or will be under contract for delivery to the facility requesting the
exclusion at the time that facility is completed.
(b) In order to qualify for the exclusion of materials under this subdivision, the operator or
owner of the resource recovery facility requesting the exclusion shall file with the commissioner
and the district or county or counties a written description of the facility, its intended location, its
waste supply sources, purchasers of its products, its design capacity and other information that
the commissioner and the district or county or counties may reasonably require. The information
must be filed as soon as it becomes available but not later than 30 days following the date when
the county or district submits its designation plan for approval.
(c) The commissioner may revoke the exclusion granted under this subdivision when the
commissioner approves the designation ordinance under section 115A.86 if in the commissioner's
judgment the excluded materials will not be processed at the other facility.
    Subd. 5. Exclusion of materials separated at certain facilities. (a) A county or district
shall exclude from the designation, subject to approval by the commissioner, materials that the
county or district determines will be separated for recycling at a transfer station located outside of
the area subject to designation if:
(1) the residual materials left after separation of the recyclable materials are delivered to a
facility designated by the county or district;
(2) each waste collector who would otherwise be subject to the designation ordinance and
who delivers waste to the transfer station has not been found in violation of the designation
ordinance in the six months prior to filing for an exclusion;
(3) the materials separated at the transfer station are delivered to a recycler and are actually
recycled; and
(4) the owner or operator of the transfer station agrees to report and actually reports to the
county or district the quantities of materials, by categories to be specified by the county or district,
that are recycled by the facility that otherwise would have been subject to designation.
(b) In order to qualify for the exclusion in this subdivision, the owner of a transfer station
shall file with the county or district a written description of the transfer station, its operation,
location, and waste supply sources, the quantity of waste delivered to the transfer station by the
owner of the transfer station, the market for the materials separated for recycling, where the
recyclable materials are delivered for recycling, and other information the county or district may
reasonably require. Information received by the county or district is nonpublic data as defined in
section 13.02, subdivision 9.
(c) A county or district that grants an exclusion under this subdivision may revoke the
exclusion if any of the conditions of paragraph (a) are not being met.
History: 1984 c 644 s 39; 1985 c 274 s 7,8; 1989 c 325 s 12; 1989 c 335 art 1 s 269; 1991 c
337 s 31,32; 1994 c 639 art 5 s 3; 1995 c 247 art 2 s 18; 1Sp2005 c 1 art 2 s 161
115A.85 PROCEDURE.
    Subdivision 1. Requirement. A district or county with an approved designation plan shall
proceed as provided in this section when designating facilities. A district need not repeat the
designation procedures in this section to the extent that the procedures have been completed by
each county having territory in the district or by a joint powers board composed of each county
having territory in the district.
    Subd. 2. Hearing. (a) The district or county shall hold a public hearing to take testimony on
the designation. Notice of the hearing must be:
(1) published in a newspaper of general circulation in the area for two successive weeks
ending at least 15 days before the date of the hearing; and
(2) mailed to political subdivisions, processing and disposal facility operators, and licensed
solid waste collectors who may be expected to use the facility.
(b) The notification must:
(1) describe the area in which the designation will apply and the plans for the use of the
solid waste;
(2) specify the point or points of delivery of the solid waste;
(3) estimate the types and quantities of solid waste subject to the designation; and
(4) estimate the fee to be charged for the use of the facilities and for any products of the
facilities.
(c) A designation or contract for use is not invalid by reason of the failure of the district or
county to provide written notice to an entity listed in this subdivision.
    Subd. 3. Negotiated contracts for use. During a period of 90 days following the hearing,
the district or county shall negotiate with the persons entitled to written notice under subdivision
2 for the purpose of developing contractual agreements that will require use of the facilities
proposed to be designated.
    Subd. 4. Designation decision. At the end of the 90-day contract negotiation period, the
district or county may proceed to secure approval for and implement the designation as provided
in section 115A.86.
History: 1984 c 644 s 40; 1989 c 325 s 13
115A.86 IMPLEMENTATION OF DESIGNATION.
    Subdivision 1. Designation ordinance. (a) The district or county shall prepare a designation
ordinance to implement a designation. The designation ordinance must: (1) define the geographic
area and the types and quantities of solid waste subject to designation; (2) specify the point or
points of delivery of the solid waste; (3) require that the designated solid waste be delivered to the
specified point or points of delivery; (4) require the designated facility to accept all designated
solid waste delivered to the specified point or points of delivery, unless the facility has notified
waste collectors in the designated area that the facility is inoperative; (5) set out the procedures
and principles to be followed by the county or district in establishing and amending any rates
and charges at the designated facility; and (6) state any additional regulations governing waste
collectors or other matters necessary to implement the designation.
(b) The designation ordinance must provide an exception for: (1) materials that are exempt
or excluded from the designation under section 115A.83 or 115A.84, subdivision 4; and (2)
materials otherwise subject to the designation for which negotiated contractual arrangements exist
that will require and effect the delivery of the waste to the facility for the term of the contract.
    Subd. 2. Approval. A district or county shall submit the designation ordinance, together
with any negotiated contracts assuring the delivery of solid waste, to the commissioner for review
and approval or disapproval. The commissioner shall complete the review and make a decision
within 90 days following submission of the designation for review. The commissioner shall
approve the designation if the commissioner determines that the designation procedure specified
in section 115A.85 was followed and that the designation is based on a plan approved under
section 115A.84. The commissioner may attach conditions to the approval.
    Subd. 3. Implementation. The designation may not be placed into effect before 60 days
after the approval required in subdivision 2. The effective date of the designation must be
specified at least 60 days in advance. If the designation is not placed into effect within two
years of approval, the designation must be resubmitted to the commissioner for approval or
disapproval under subdivision 2, unless bonds have been issued to finance the facility to which
the designation applies.
    Subd. 4. Effect. The designation is binding on all political subdivisions, landfill operators,
solid waste generators, and solid waste collectors in the designation area.
    Subd. 5. Amendments. (a) Except for an amendment authorized under subdivision 6,
amendments to a designation ordinance must be submitted to the commissioner for approval. The
commissioner shall approve the amendment if the amendment is in the public interest and in
furtherance of the state policies and purposes expressed in section 115A.02. If the commissioner
finds that the proposed amendment is a substantive change from the existing designation plan, the
commissioner may require that the county or solid waste management district submit a revised
designation plan to the commissioner for approval. After receiving approval for the designation
plan amendment from the commissioner, the county or district shall follow the procedure outlined
in section 115A.85 prior to submitting the amended designation ordinance to the commissioner
for approval. If the commissioner does not act within 90 days after receiving the proposed
amendment to the designation ordinance, the amendment is approved.
(b) Except for an amendment authorized under subdivision 6, prior to amending an ordinance
to designate solid waste to a disposal facility, a county or district shall submit an amended
designation plan to the commissioner for approval, and shall follow the procedures outlined
in section 115A.85.
    Subd. 6. Penalties. (a) A county may include in its designation ordinance civil and
misdemeanor penalties for violation of the ordinance. Subdivision 5 does not govern a designation
ordinance amendment adopted under this paragraph.
(b) A county may by ordinance impose civil and misdemeanor penalties for delivery of
mixed municipal solid waste to a processing or disposal facility in the county that is not a facility
designated to receive the waste under a designation ordinance adopted by another county under
this section.
(c) A civil penalty adopted under paragraph (a) or (b) must be payable to the county and may
not exceed a fine of $10,000 per day of violation plus the cost of mitigating any damages caused by
the violation and the attorney fees and court costs incurred by the county to enforce the ordinance.
History: 1984 c 644 s 41; 1985 c 274 s 9; 1989 c 325 s 14,15; 1989 c 335 art 1 s 269; 1991
c 337 s 33,34; 1994 c 639 art 5 s 3; 1995 c 247 art 2 s 19; 1Sp2005 c 1 art 2 s 161
115A.87 JUDICIAL REVIEW; ATTORNEY GENERAL TO PROVIDE COUNSEL.
An action challenging a designation must be brought within 60 days of the approval of the
designation by the commissioner. The action is subject to section 562.02.
In any action challenging a designation ordinance or the implementation of a designation
ordinance, the person bringing the challenge shall notify the attorney general. The attorney
general may intervene in any administrative or court action to represent the state's interest in
designation of solid waste, and, on request of a county whose designation ordinance has been
challenged, provide legal representation for the county in any administrative or court action
related to the challenge.
History: 1984 c 644 s 42; 1992 c 593 art 1 s 22; 1994 c 585 s 14; 1994 c 639 art 5 s 3;
1Sp2005 c 1 art 2 s 161
115A.88 SERVICE GUARANTEE.
The district or county may not arbitrarily terminate, suspend, or curtail services provided to
any person required by contract or designation ordinance to use designated facilities without the
consent of the person or without just cause.
History: 1984 c 644 s 43
115A.882 RECORDS; INSPECTION.
    Subdivision 1. Definitions. For the purposes of this section:
(1) "origin" means a general geographical description that at a minimum names the local
governmental unit within a county from which waste was collected; and
(2) "type" means a best estimate of the percentage of each truck load that consists of
residential, commercial, industrial, construction, or any other general type of waste.
    Subd. 2. Records; collectors; facilities. Each person who collects solid waste in a county
in which a designation ordinance is in effect shall maintain records regarding the volume or
weight, type, and origin of waste collected. Each day, a record of the origin, type, and weight of
the waste collected that day and the identity of the waste facility at which that day's collected
waste is deposited must be kept on the waste collection vehicle. If the waste is measured by
volume at the waste facility at which it is deposited, the record may show the volume rather
than the weight of the waste.
The owner or operator of a solid waste facility shall maintain records regarding the weight of
the waste, or the volume of the waste if the waste is measured by volume; the general type or
types of waste; the origin of the waste delivered to the facility; the date and time of delivery; and
the name of the waste collector that delivered the waste to the facility.
    Subd. 3. Inspection. A person authorized by a county in which a designation ordinance is
effective may, anywhere in the state:
(1) upon presentation of identification and without a search warrant, inspect or copy the
records required to be kept on a waste collection vehicle under subdivision 2 and inspect the waste
on the vehicle at the time of deposit of the waste at a facility;
(2) when reasonable notice under the circumstances has been given, upon presentation of
identification and without a search warrant, inspect or copy the records of an owner or operator of
a solid waste facility that are required to be maintained under subdivision 2;
(3) request, in writing, copies of records of a solid waste collector that indicate the type,
origin, and weight or, if applicable, the volume of waste collected, the identity of the facility at
which the waste was deposited, and the date of deposit at the facility; and
(4) upon presentation of identification and without a search warrant, inspect or copy that
portion of the business records of a waste collector necessary to comply with clause (3) at the
central record-keeping location of the waste collector only if the collector fails to provide copies
of the records within 15 days of receipt of a written request for them, unless the time has been
extended by agreement of the parties.
Records or information received, inspected, or copied by a county under this section are
classified as nonpublic data as defined in section 13.02, subdivision 9, and may be used by the
county solely for enforcement of a designation ordinance. A waste collector or the owner or
operator of a waste facility shall maintain business records needed to comply with this section for
two years.
    Subd. 4. Civil enforcement; venue. (a) A person who fails to comply with this section is
subject to:
(1) an action to compel performance or to restrain or enjoin any activity that interferes with
the requirement to keep records in subdivision 2 or the requirement to allow timely entry and
inspection in subdivision 3;
(2) damages caused by the failure to keep records or by refusal to allow timely entry or
inspection;
(3) a civil penalty payable to the county seeking enforcement of up to $10,000 per day for
each day of refusal to allow timely entry or inspection; or
(4) any or all of the above.
(b) A county in which a designation ordinance is in effect may enforce this section by
commencing an action in district court in the county in which the facility is located or in the
county in which the designation ordinance is in effect. The court may compel performance in
any manner deemed appropriate by the court, including, but not limited to, issuance of an order
to show cause, a temporary restraining order, or an injunction. In addition, the court may order
payment of damages or a civil penalty or both. In an action brought by a county to enforce this
section in which the county substantially prevails, the court may order payment by the defendant
of the county's costs and disbursements, including reasonable attorney fees.
History: 1988 c 521 s 1; 1991 c 337 s 35; 1994 c 585 s 15,16
115A.89 SUPERVISION OF IMPLEMENTATION.
The commissioner shall: (1) require regular reports on the implementation of each
designation; (2) periodically evaluate whether each designation as implemented has accomplished
its purposes and whether the designation is in the public interest and in furtherance of the state
policies and purposes expressed in section 115A.02; and (3) report periodically to the legislature
on the commissioner's conclusions and recommendations.
History: 1984 c 644 s 44; 1994 c 639 art 5 s 3; 1Sp2005 c 1 art 2 s 161
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

WASTE TIRES, BATTERIES, AND USED OIL

115A.90 DEFINITIONS.
    Subdivision 1. Applicability. The definitions in this section apply to sections 115A.90 to
115A.914.
    Subd. 2.MS 1990 [Renumbered subd 3]
    Subd. 2. Collection site. "Collection site" means a permitted site, or a site exempted from
permit, used for the storage of waste tires.
    Subd. 3.MS 1990 [Renumbered subd 2]
    Subd. 3.MS 1994 [Repealed, 1995 c 247 art 2 s 55]
    Subd. 4.[Repealed, 1988 c 685 s 44]
    Subd. 5. Person. "Person" has the meaning given in section 116.06, subdivision 17.
    Subd. 6. Processing. "Processing" means producing or manufacturing usable materials,
including fuel, from waste tires including necessary incidental temporary storage activity.
    Subd. 6a. Shredder residue. "Shredder residue" means the residue generated by shredding a
motor vehicle, an appliance, or other source of recyclable steel after removing the reusable and
recyclable materials.
    Subd. 7. Tire. "Tire" means a pneumatic tire or solid tire for motor vehicles as defined in
section 169.01.
    Subd. 8. Tire collector. "Tire collector" means a person who owns or operates a site used for
the storage, collection, or deposit of more than 50 waste tires.
    Subd. 9. Tire dump. "Tire dump" means an establishment, site, or place of business without
a required tire collector or tire processor permit that is maintained, operated, used, or allowed to
be used for storing, keeping, or depositing unprocessed waste tires.
    Subd. 10. Tire processor. "Tire processor" means a person engaged in the processing of
waste tires.
    Subd. 11. Waste tire. "Waste tire" means a tire that is no longer suitable for its original
intended purpose because of wear, damage, or defect.
History: 1984 c 654 art 2 s 92; 1988 c 685 s 45; 1989 c 335 art 1 s 269; 1993 c 172 s 58
115A.902 PERMIT; TIRE COLLECTORS, PROCESSORS.
    Subdivision 1. Permit required. A tire collector or tire processor with more than 500 waste
tires shall obtain a permit from the agency unless exempted in subdivision 2. The agency may
by rule require tire collectors or tire processors with less than 500 waste tires to obtain permits
unless exempted by subdivision 2.
    Subd. 2. Exemptions. A permit is not required for:
(1) a retail tire seller for the retail selling site if no more than 500 waste tires are kept on
the business premises;
(2) an owner or operator of a tire retreading business for the business site if no more than
3,000 waste tires are kept on the business premises;
(3) an owner or operator of a business who, in the ordinary course of business, removes tires
from motor vehicles if no more than 500 waste tires are kept on the business premises;
(4) a permitted landfill operator with less than 10,000 waste tires stored above ground at
the permitted site; or
(5) a person using waste tires for agricultural purposes if the waste tires are kept on the
site of use.
    Subd. 3. Local authority. The issuance of an agency permit does not replace a permit or
license required under section 400.16 or 473.811.
    Subd. 4. Permit fee. The revenue from permit fees shall be credited to the general fund.
History: 1984 c 654 art 2 s 93; 1988 c 685 s 45; 1989 c 335 art 1 s 269; 1999 c 73 s 5
115A.904 LAND DISPOSAL PROHIBITED.
The disposal of waste tires in the land is prohibited after July 1, 1985. This does not prohibit
the storage of unprocessed waste tires at a collection or processing facility.
History: 1984 c 654 art 2 s 94; 1Sp1985 c 13 s 230; 1Sp1985 c 16 art 2 s 42 subd 1
115A.906 [Repealed, 1Sp2001 c 2 s 162]
115A.908 MOTOR VEHICLE TRANSFER FEE.
    Subdivision 1. Fee charged. A fee of $10 shall be charged on the initial registration and
each subsequent transfer of title within the state, other than transfers for resale purposes, of every
motor vehicle weighing more than 1,000 pounds. The fee shall be collected by the commissioner
of public safety. Registration plates or certificates of title may not be issued by the commissioner
of public safety for the ownership or operation of a motor vehicle subject to the transfer fee unless
the fee is paid. The fee may not be charged on the transfer of:
(1) previously registered vehicles if the transfer is to the same person;
(2) vehicles subject to the conditions specified in section 297A.70, subdivision 2; or
(3) vehicles purchased in another state by a resident of another state if more than 60 days
have elapsed after the date of purchase and the purchaser is transferring title to this state and has
become a resident of this state after the purchase.
    Subd. 2. Deposit of revenue. (a) From July 1, 2003, through June 30, 2007, revenue
collected shall be credited to the general fund.
(b) After June 30, 2007, revenue collected shall be credited to the environmental fund.
    Subd. 3.[Repealed, 1997 c 216 s 160]
History: 1984 c 654 art 2 s 96; 1Sp1985 c 13 s 231; 1989 c 335 art 4 s 35; 1993 c 172
s 59,60; 1995 c 220 s 97; 1999 c 231 s 132; 2000 c 418 art 1 s 44; 2003 c 128 art 1 s 127;
1Sp2005 c 6 art 2 s 1
115A.909 SHREDDER RESIDUE; MANAGEMENT.
The commissioner, in consultation with persons who are engaged in the business of shredding
motor vehicles, appliances, and other sources of recyclable steel, shall study management of
shredder residue. To the extent possible under state and federal law, the commissioner shall
encourage reduction in the amount of residue generated, allow beneficial use of the residue,
and minimize costs of management and disposal. The commissioner shall study all reasonably
ascertainable alternatives for management of the residue, including use as cover material at
solid waste disposal facilities, use in manufacture of refuse-derived fuel, and any other resource
recovery management technique.
History: 1993 c 172 s 61
115A.912 WASTE TIRE MANAGEMENT.
    Subdivision 1. Purpose. Money appropriated to the agency for waste tire management
may be spent for regulation of permitted waste tire facilities, research and studies to determine
the technical and economic feasibility of uses for tire-derived products, and public education
on waste tire management.
    Subd. 2.[Repealed, 1Sp2001 c 2 s 162]
    Subd. 3.[Repealed, 1Sp2001 c 2 s 162]
    Subd. 4. Waste tire materials; prohibition. Materials derived from waste tires may not
be used as lightweight fill in the construction of public roads in the state unless the construction
plan is prepared by a professional engineer experienced in the geotechnical field and licensed in
the state of Minnesota. The plan shall include, but not be limited to, the location, duration, and
length of the project, the depth of fill, the depth of cover, the size of waste tire pieces, the plan for
encapsulating the waste tire pieces, and the fire protection plan. All engineering specifications
must be consistent with the current lightweight tire fill engineering practices as developed for
roadways by the Minnesota Department of Transportation.
History: 1984 c 654 art 2 s 97; 1988 c 685 s 14; 1989 c 335 art 1 s 269; 1997 c 216 s 96;
1999 c 73 s 5; 1Sp2001 c 2 s 126; 2002 c 382 art 1 s 2
115A.913 [Repealed, 2002 c 382 art 1 s 6]
115A.914 ADMINISTRATION; COUNTY PLANNING AND ORDINANCES.
    Subdivision 1. Regulatory and enforcement powers. For purposes of implementing and
enforcing the waste tire programs in sections 115A.90 to 115A.914, the agency may exercise the
regulatory and enforcement powers of the agency under chapters 115 and 116.
    Subd. 2. Agency rules. The agency shall adopt rules for administration of waste tire collector
and processor permits and waste tire collection.
    Subd. 3. County planning; ordinances. Counties shall include collection and processing of
waste tires in the solid waste management plan prepared under sections 115A.42 to 115A.46 and
shall adopt ordinances under sections 400.16 and 473.811 for management of waste tires that
embody, but may be more restrictive than, agency rules.
History: 1984 c 654 art 2 s 98; 1Sp1985 c 13 s 232; 1988 c 685 s 16; 1989 c 335 art 1 s
269; 1999 c 73 s 5; 1Sp2001 c 2 s 127
115A.915 LEAD ACID BATTERIES; LAND DISPOSAL PROHIBITED.
A person may not place a lead acid battery in mixed municipal solid waste or dispose of a lead
acid battery after January 1, 1988. A person who violates this section is guilty of a misdemeanor.
This section may be enforced by the agency pursuant to sections 115.071 and 116.072.
History: 1987 c 348 s 24; 1Sp1989 c 1 art 20 s 6; 1991 c 347 art 1 s 18
115A.9152 TRANSPORTATION OF USED LEAD ACID BATTERIES.
(a) A person who transports used lead acid batteries from a retailer must deliver the batteries
to a recycling facility.
(b) A person who violates paragraph (a) is guilty of a misdemeanor. The failure to deliver
each used lead acid battery to a recycler is a separate violation.
History: 1Sp1989 c 1 art 20 s 7
115A.9155 DISPOSAL OF CERTAIN DRY CELL BATTERIES.
    Subdivision 1. Prohibition. A person may not place in mixed municipal solid waste a dry
cell battery containing mercuric oxide electrode, silver oxide electrode, nickel-cadmium, or
sealed lead-acid that was purchased for use or used by a government agency, or an industrial,
communications, or medical facility.
    Subd. 2. Manufacturer responsibility. (a) A manufacturer of batteries subject to subdivision
1 shall:
(1) ensure that a system for the proper collection, transportation, and processing of waste
batteries exists for purchasers in Minnesota; and
(2) clearly inform each final purchaser of the prohibition on disposal of waste batteries and
of the system or systems for proper collection, transportation, and processing of waste batteries
available to the purchaser.
(b) To ensure that a system for the proper collection, transportation, and processing of
waste batteries exists, a manufacturer shall:
(1) identify collectors, transporters, and processors for the waste batteries and contract or
otherwise expressly agree with a person or persons for the proper collection, transportation, and
processing of the waste batteries; or
(2) accept waste batteries returned to its manufacturing facility.
(c) At the time of sale of a battery subject to subdivision 1, a manufacturer shall provide in a
clear and conspicuous manner a telephone number that the final consumer of the battery can call
to obtain information on specific procedures to follow in returning the battery for recycling or
proper disposal.
The manufacturer may include the telephone number and notice of return procedures on an
invoice or other transaction document held by the purchaser. The manufacturer shall provide the
telephone number to the commissioner of the agency.
(d) A manufacturer shall ensure that the cost of proper collection, transportation, and
processing of the waste batteries is included in the sales transaction or agreement between the
manufacturer and any purchaser.
(e) A manufacturer that has complied with this subdivision is not liable under subdivision 1
for improper disposal by a person other than the manufacturer of waste batteries.
History: 1990 c 409 s 1; 1991 c 257 s 1
115A.9157 RECHARGEABLE BATTERIES AND PRODUCTS.
    Subdivision 1. Definition. For the purpose of this section, "rechargeable battery" means a
sealed nickel-cadmium battery, a sealed lead acid battery, or any other rechargeable battery,
except a rechargeable battery governed by section 115A.9155 or exempted by the commissioner
under subdivision 9.
    Subd. 2. Prohibition. Effective August 1, 1991, a person may not place in mixed municipal
solid waste a rechargeable battery, a rechargeable battery pack, a product with a nonremovable
rechargeable battery, or a product powered by rechargeable batteries or rechargeable battery pack,
from which all batteries or battery packs have not been removed.
    Subd. 3. Collection and management costs. A manufacturer of rechargeable batteries or
products powered by rechargeable batteries is responsible for the costs of collecting and managing
its waste rechargeable batteries and waste products to ensure that the batteries are not part of the
solid waste stream.
    Subd. 4. Pilot projects. By April 15, 1992, manufacturers whose rechargeable batteries or
products powered by rechargeable batteries are sold in this state shall implement pilot projects
for the collection and proper management of all rechargeable batteries and the participating
manufacturers' products powered by nonremovable rechargeable batteries. Manufacturers may act
as a group or through a representative organization. The pilot projects must run for a minimum of
18 months and be designed to collect sufficient statewide data for the design and implementation
of permanent collection and management programs that may be reasonably expected to collect
at least 90 percent of waste rechargeable batteries and the participating manufacturers' products
powered by rechargeable batteries that are generated in the state.
By December 1, 1991, the manufacturers or their representative organization shall submit
plans for the projects to the legislative commission.
By November 1, 1993, the manufacturers or their representative organization shall report
to the legislative commission the final results of the projects and plans for implementation of
permanent programs. The commission shall review the final results and plans.
By October 1, 1994, and by October 1, 1995, each manufacturer or a representative
organization shall submit to the commission additional reports that detail progress made toward
implementing permanent management programs. The October 1, 1995, report must include a
description of the programs implemented under subdivision 5. These progress reports must include
the estimated amount of rechargeable batteries subject to this section sold in the state by each
manufacturer and the amount of batteries each collected during the previous year. A representative
organization may report amounts in aggregate for all the members of the organization.
    Subd. 5. Collection and management programs. By September 20, 1995, the manufacturers
or their representative organization shall implement permanent programs, based on the results of
the pilot projects required in subdivision 4, that may be reasonably expected to collect 90 percent
of the waste rechargeable batteries and the participating manufacturers' products powered by
rechargeable batteries that are generated in the state. The batteries and products collected must be
recycled or otherwise managed or disposed of properly.
In every odd-numbered year after 1995, each manufacturer or a representative organization
shall provide information to the senate and house committees having jurisdiction over
environment and natural resources and environment and natural resources finance that specifies at
least the estimated amount of rechargeable batteries subject to this section sold in the state by
each manufacturer and the amount of batteries each collected during the previous two years. A
representative organization may report the amounts in aggregate for all the members of the
organization.
    Subd. 6. List of participants. A manufacturer or its representative organization shall inform
the committees listed in subdivision 5 when they begin participating in the projects and programs
and immediately if they withdraw participation.
    Subd. 7. Contracts. A manufacturer or a representative organization of manufacturers may
contract with the state or a political subdivision to provide collection services under this section.
The manufacturer or organization shall fully reimburse the state or political subdivision for the
value of any contractual services rendered under this subdivision.
    Subd. 8. Anticompetitive conduct. A manufacturer or organization of manufacturers and its
officers, members, employees, and agents who participate in projects or programs to collect and
properly manage waste rechargeable batteries or products powered by rechargeable batteries are
immune from liability under state law relating to antitrust, restraint of trade, unfair trade practices,
and other regulation of trade or commerce for activities related to the collection and management
of batteries and products required under this section.
    Subd. 9. Exemptions. To ensure that new types of batteries do not add additional hazardous
or toxic materials to the mixed municipal solid waste stream, the commissioner of the agency may
exempt a new type of rechargeable battery from the requirements of this section if it poses no
unreasonable hazard when placed in and processed or disposed of as part of a mixed municipal
solid waste.
History: 1991 c 257 s 2; 1992 c 593 art 1 s 23,24; 1994 c 585 s 17,18; 1996 c 470 s 27;
2002 c 379 art 1 s 31; 1Sp2005 c 1 art 2 s 161
115A.916 MOTOR VEHICLE FLUIDS AND FILTERS; PROHIBITIONS.
(a) A person may not knowingly place motor oil, brake fluid, power steering fluid,
transmission fluid, motor oil filters, or motor vehicle antifreeze:
(1) in solid waste or in a solid waste management facility other than a recycling facility or a
household hazardous waste collection facility;
(2) in or on the land, unless approved by the agency; or
(3) in or on the waters of the state, in an individual sewage treatment system as defined
in section 115.55, or in a stormwater or wastewater collection or treatment system except as
described in paragraph (c).
(b) For the purposes of this section, "antifreeze" does not include small amounts of antifreeze
contained in water used to flush the cooling system of a vehicle after the antifreeze has been
drained and does not include deicer that has been used on the exterior of a vehicle.
(c) A person may place waste motor vehicle antifreeze in a wastewater collection or treatment
system permitted by the agency, unless prohibited by the operator of the system, if the person:
(1) generates an annual average of less than 50 gallons per month of waste motor vehicle
antifreeze; and
(2) keeps records of the amount of waste antifreeze generated. Records must be maintained
on site and made available for inspection for a minimum of three years following generation of
the waste antifreeze.
(d) Notwithstanding paragraph (a), motor oil filters and portions of motor oil filters may be
processed at a permitted mixed municipal solid waste resource recovery facility that directly
burns the waste if:
(1) the facility is subject to an industrial waste management plan that addresses management
of motor oil filters and the owner or operator of the facility can demonstrate to the satisfaction of
the commissioner that the facility is in compliance with that plan;
(2) the facility recovers ferrous metal after incineration for recycling as part of its operation;
and
(3) the motor oil filters are collected separately from mixed municipal solid waste and are not
combined with it except for the purpose of incinerating the waste.
(e) The commissioner of the Pollution Control Agency, in conjunction with industry
organizations representing automotive repair businesses and antifreeze recycling businesses and
environmental organizations shall work together to develop and promote opportunities to recycle
waste motor vehicle antifreeze and to review the impact of alternative antifreeze disposal or
recycling methods on businesses and the environment.
History: 1987 c 348 s 25; 1988 c 685 s 17; 1991 c 347 art 1 s 18; 1993 c 249 s 16; 1994 c
585 s 19; 1996 c 470 s 9; 1997 c 216 s 97; 1998 c 379 s 2; 1Sp2005 c 1 art 2 s 161
115A.9162 [Repealed, 1996 c 470 s 29]

NEW DISPOSAL FACILITIES; CERTIFICATE OF NEED

115A.917 CERTIFICATE OF NEED.
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

DISPOSAL FACILITIES; LOCAL FEE AUTHORITY

115A.918 DEFINITIONS.
    Subdivision 1. Scope. The definitions in this section apply to this section and sections
115A.919 to 115A.929.
    Subd. 2. Closure. "Closure" means actions that will prevent, mitigate, or minimize the
threat to public health and the environment posed by a closed solid waste disposal facility
including application of final cover; grading and seeding of final cover; installation of an
adequate monitoring system, if necessary; and construction of ground and surface water diversion
structures.
    Subd. 2a. Equivalent. For mixed municipal solid waste, the measure of "equivalent" or
"equivalent cubic yards of waste" is 3.33 cubic yards per ton of waste.
    Subd. 3. Operator. "Operator" means:
(1) the permittee of a mixed municipal solid waste disposal facility that has an agency
permit; or
(2) the person in control of a mixed municipal solid waste disposal facility that does not
have an agency permit.
    Subd. 4. Postclosure, postclosure care. "Postclosure" and "postclosure care" mean actions
taken for the care, maintenance, and monitoring of a solid waste disposal facility after closure
that will prevent, mitigate, or minimize the threat to public health and environment posed by the
closed facility.
    Subd. 5. Response. "Response" has the meaning given it in section 115B.02, subdivision 18.
History: 1985 c 274 s 11; 1994 c 585 s 20,21
115A.919 COUNTY FEE AUTHORITY.
    Subdivision 1. Fee. (a) A county may impose a fee, by cubic yard of waste or its equivalent,
on operators of facilities for the disposal of mixed municipal solid waste or construction debris
located within the county. The revenue from the fees shall be credited to the county general fund
and shall be used only for landfill abatement purposes, or costs of closure, postclosure care, and
response actions or for purposes of mitigating and compensating for the local risks, costs, and
other adverse effects of facilities. The interest generated from fees imposed under this subdivision
may be credited to the county general fund for use by a county for other purposes.
(b) Fees for construction debris facilities may not exceed 50 cents per cubic yard. Revenues
from the fees must offset any financial assurances required by the county for a construction
debris facility. The maximum revenue that may be collected for a construction debris facility
must be determined by multiplying the total permitted capacity of the facility by 15 cents per
cubic yard. Once the maximum revenue has been collected for a facility, the fee may no longer
be imposed. The limitation on the fees in this paragraph and in section 115A.921, subdivision
2
, are not intended to alter the liability of the facility operator or the authority of the agency
to impose financial assurance requirements.
    Subd. 2. Additional fee. A county may impose a fee, by cubic yard or the equivalent
of waste collected outside the county, in addition to a fee imposed under subdivision 1, on
operators of mixed municipal solid waste disposal facilities located within the county. The fee
may not exceed $7.50 per cubic yard or the equivalent. A person licensed to collect solid waste
in a county that designates the waste under sections 115A.80 to 115A.893 who is referred to a
disposal facility outside the county due to temporary closure of the designated facility is exempt
from the additional fee; the designated facility is responsible for the fee. Revenue generated
from the additional fee must be credited to the county general fund and may be used only for
the purposes listed in subdivision 1.
    Subd. 2a. Joint powers agreement. If a facility is owned by a joint powers board, total fees
in excess of $1 per cubic yard or equivalent may not be imposed or revenue expended under
subdivision 1 or 2 without the approval of the board.
    Subd. 3. Exemptions. (a) Waste residue from recycling facilities at which recyclable
materials are separated or processed for the purpose of recycling, or from energy and resource
recovery facilities at which solid waste is processed for the purpose of extracting, reducing,
converting to energy, or otherwise separating and preparing solid waste for reuse shall be exempt
from any fee imposed by a county under this section if there is at least an 85 percent weight
reduction in the solid waste processed. Before any fee is reduced, the verification procedures of
section 473.843, subdivision 1, paragraph (c), must be followed and submitted to the appropriate
county, except that for facilities operating outside of the metropolitan area the commissioner shall
prescribe procedures for verifying the required 85 percent weight reduction.
(b) A facility permitted for the disposal of construction debris is exempt from 25 percent of a
fee imposed under subdivision 1 if the facility has implemented a recycling program approved by
the county and 25 percent if the facility contains a liner and leachate collection system approved
by the agency.
History: 1984 c 644 s 46; 1985 c 274 s 12; 1988 c 685 s 19; 1989 c 325 s 18; 1991 c 337
s 37; 1994 c 585 s 22; 1995 c 247 art 1 s 21; 1996 c 470 s 10; 1996 c 471 art 13 s 3; 2003 c
128 art 1 s 128
115A.921 CITY OR TOWN FEE AUTHORITY.
    Subdivision 1. Mixed municipal solid waste. A city or town may impose a fee, not to
exceed $1 per cubic yard of waste, or its equivalent, on operators of facilities for the disposal of
mixed municipal solid waste located within the city or town. The revenue from the fees must be
credited to the city or town general fund. Revenue produced by 25 cents of the fee must be used
only for purposes of landfill abatement or for purposes of mitigating and compensating for the
local risks, costs, and other adverse effects of facilities. Revenue produced by the balance of the
fee may be used for any general fund purpose.
Waste residue from recycling facilities at which recyclable materials are separated or
processed for the purpose of recycling, or from energy and resource recovery facilities at which
solid waste is processed for the purpose of extracting, reducing, converting to energy, or otherwise
separating and preparing solid waste for reuse shall be exempt from the fee imposed by a city
or town under this section if there is at least an 85 percent weight reduction in the solid waste
processed. Before any fee is reduced, the verification procedures of section 473.843, subdivision
1
, paragraph (c), must be followed and submitted to the appropriate city or town, except that for
facilities operating outside of the metropolitan area the commissioner shall prescribe procedures
for verifying the required 85 percent weight reduction.
    Subd. 2. Construction debris. (a) A city or town may impose a fee, not to exceed 50 cents
per cubic yard of waste, or its equivalent, on operators of facilities for the disposal of construction
debris located within the city or town. The revenue from the fees must be credited to the city
or town general fund. Two-thirds of the revenue must be used only for purposes of landfill
abatement or for purposes of mitigating and compensating for the local risks, costs, and other
adverse effects resulting from the facilities.
(b) A facility permitted for the disposal of construction debris is exempt from 25 percent
of a fee imposed under this subdivision if the facility has implemented a recycling program that
has been approved by the county and 25 percent if the facility contains a liner and leachate
collection system approved by the agency.
(c) Two-thirds of the revenue from fees collected under this subdivision must offset any
financial assurances required by the city or town for a construction debris facility.
(d) The maximum revenue that may be collected under this subdivision must be determined
by multiplying the total permitted capacity of a facility by 15 cents per cubic yard. Once the
maximum revenue has been collected for a facility, the fees in this subdivision may no longer be
imposed.
History: 1984 c 644 s 47; 1987 c 348 s 26; 1988 c 685 s 20; 1989 c 325 s 19; 1991 c 337 s
38; 1994 c 585 s 23; 1995 c 247 art 1 s 22
115A.922 [Repealed, 1990 c 604 art 10 s 32]
115A.923 GREATER MINNESOTA LANDFILL CLEANUP FEE.
    Subdivision 1. Amount of fee. (a) The operator of a mixed municipal solid waste disposal
facility outside of the metropolitan area shall charge a fee on solid waste accepted and disposed
of at the facility as follows:
(1) a facility that weighs the waste that it accepts must charge a fee of $2 per cubic yard
based on equivalent cubic yards of waste accepted at the entrance of the facility;
(2) a facility that does not weigh the waste but that measures the volume of the waste that it
accepts must charge a fee of $2 per cubic yard of waste accepted at the entrance of the facility; and
(3) waste residue from recycling facilities at which recyclable materials are separated or
processed for the purpose of recycling, or from energy and resource recovery facilities at which
solid waste is processed for the purpose of extracting, reducing, converting to energy, or otherwise
separating and preparing solid waste for reuse is exempt from the fee imposed by this subdivision
if there is at least an 85 percent weight reduction in the solid waste processed.
(b) To qualify for exemption under paragraph (a), clause (3), waste residue must be brought
to a disposal facility separately. The commissioner shall prescribe procedures for determining the
amount of waste residue qualifying for exemption.
    Subd. 1a. Payment of the greater Minnesota landfill cleanup fee. The operator of a
disposal facility in greater Minnesota shall remit the fees collected under subdivision 1 to the
county or sanitary district where the facility is located, except that the operator of a facility that is
owned by a statutory or home rule city shall remit the fees to the city that owns the facility and the
operator of a facility that is owned by a joint powers board shall remit the fees to the board. The
county, city, joint powers board, or sanitary district may use the revenue from the fees only for
the purposes specified in section 115A.919.
    Subd. 2.[Repealed, 1990 c 604 art 10 s 32]
    Subd. 3.[Repealed, 1990 c 604 art 10 s 32]
    Subd. 4.[Repealed, 1990 c 604 art 10 s 32]
    Subd. 5.[Repealed, 1990 c 604 art 10 s 32]
    Subd. 6.[Repealed, 1994 c 416 art 4 s 5]
History: 1989 c 325 s 21; 1990 c 604 art 10 s 26; 1991 c 337 s 39,40; 1994 c 416 art 4 s 1;
1995 c 247 art 1 s 23; 1996 c 470 s 11; 1996 c 471 art 13 s 4
115A.924 [Repealed, 1990 c 604 art 10 s 32]
115A.925 [Repealed, 1990 c 604 art 10 s 32]
115A.927 [Repealed, 1990 c 604 art 10 s 32]
115A.928 [Repealed, 1990 c 604 art 10 s 32]
115A.929 FEES; ACCOUNTING.
Each political subdivision that provides for solid waste management shall account for all
revenue collected from waste management fees, together with interest earned on revenue from
the fees, separately from other revenue collected by the political subdivision and shall report
revenue collected from the fees and use of the revenue separately from other revenue and use
of revenue in any required financial report or audit. For the purposes of this section, "waste
management fees" means:
(1) all fees, charges, and surcharges collected under sections 115A.919, 115A.921, and
115A.923;
(2) all tipping fees collected at waste management facilities owned or operated by the
political subdivision;
(3) all charges imposed by the political subdivision for waste collection and management
services; and
(4) any other fees, charges, or surcharges imposed on waste or for the purpose of waste
management, whether collected directly from generators or indirectly through property taxes or as
part of utility or other charges for services provided by the political subdivision.
History: 1991 c 337 s 41; 1993 c 249 s 17; 1994 c 585 s 24; 1Sp2003 c 1 art 2 s 63;
1Sp2005 c 1 art 2 s 131

SOLID WASTE COLLECTION REQUIREMENTS

115A.93 LICENSING OF SOLID WASTE COLLECTION.
    Subdivision 1. License required. A person may not collect mixed municipal solid waste for
hire without a license from the jurisdiction where the mixed municipal solid waste is collected.
    Subd. 2. Licensing. (a) Each city and town may issue licenses for persons to collect mixed
municipal solid waste for hire within their jurisdictions.
(b) County boards shall by resolution adopt the licensing authority of a city or town that does
not issue licenses. A county may delegate its licensing authority to a consortium of counties or to
municipalities to license collection of mixed municipal solid waste within the county.
    Subd. 3. License requirements; pricing based on volume or weight. (a) A licensing
authority shall require licensees to impose charges for collection of mixed municipal solid waste
that increase with the volume or weight of the waste collected.
(b) A licensing authority may impose requirements that are consistent with the county's solid
waste policies as a condition of receiving and maintaining a license.
(c) A licensing authority shall prohibit mixed municipal solid waste collectors from imposing
a greater charge on residents who recycle than on residents who do not recycle.
(d) The commissioner may exempt a licensing authority from the requirements of paragraph
(a) if the county within which the authority is located has an approved solid waste management
plan that concludes that variable rate pricing is not appropriate for that jurisdiction because it
is inconsistent with other incentives and mechanisms implemented within the jurisdiction that
are more effective in attaining the goals of this chapter to discourage on-site disposal, littering,
and illegal dumping.
(e) In the interim between revisions to the county solid waste management plan, the
commissioner may exempt a licensing authority from the requirements of paragraph (a) if the
commissioner makes the determination otherwise made by the plan in paragraph (d) and finds
that the licensing authority:
(1) operates or contracts for the operation of a residential recycling program that collects
more categories of recyclable materials than required in section 115A.552;
(2) has a residential participation rate in its recycling programs of at least 70 percent or in
excess of the participation rate for the county in which it is located, whichever is greater; and
(3) is located in a county that has exceeded the recycling goals in section 115A.551.
An exemption granted by the commissioner in the interim between revisions to the county solid
waste management plan is only effective until the county solid waste management plan is revised.
    Subd. 3a. Volume requirement. A licensing authority that requires a pricing system based
on volume instead of weight under subdivision 3 shall determine a base unit size for an average
small quantity household generator and establish, or require the licensee to establish, a multiple
unit pricing system that ensures that amounts of waste generated in excess of the base unit amount
are priced higher than the base unit price.
    Subd. 4. Date certain. By January 1, 1993, each county shall ensure that each city or town
within the county requires each mixed municipal solid waste collector that provides curbside
collection service in the city or town to obtain a license under this section or the county shall
directly require and issue the licenses. No person may collect mixed municipal solid waste after
January 1, 1993, without a license.
    Subd. 5. Customer data. Customer lists provided to counties or cities by solid waste
collectors are private data on individuals as defined in section 13.02, subdivision 12, with regard
to data on individuals, or nonpublic data as defined in section 13.02, subdivision 9, with regard
to data not on individuals.
History: 1Sp1989 c 1 art 20 s 8; 1991 c 337 s 42,43; 1992 c 593 art 1 s 25,26; 1993 c 351 s
23; 1996 c 470 s 12; 1Sp2005 c 1 art 2 s 161
115A.9301 SOLID WASTE COLLECTION; VOLUME- OR WEIGHT-BASED PRICING.
    Subdivision 1. Requirement. A local government unit that collects charges for solid waste
collection directly from waste generators shall implement charges that increase as the volume
or weight of the waste collected on-site from each generator's residence or place of business
increases.
    Subd. 2. Volume requirement. If a local government unit implements a pricing system
based on volume instead of weight under subdivision 1, it shall determine a base unit size for
an average small quantity household generator and establish a multiple unit pricing system that
ensures that amounts of waste generated in excess of the base unit amount are priced higher
than the base unit price.
    Subd. 3. Alternative. A local government unit may satisfy the requirements of this section
by establishing at least three price categories for collection of household mixed municipal solid
waste to include, for households that generate small volumes of waste, a waste collection unit that
is smaller than and priced lower than for other generators if the local government unit:
(1) operates or contracts for the operation of a residential recycling program that collects
more categories of recyclable materials than required in section 115A.552;
(2) has a residential participation rate in its recycling programs of at least 70 percent or in
excess of the participation rate for the county in which it is located, whichever is greater;
(3) is located in a county that has exceeded the recycling goals in section 115A.551; and
(4) generates, by all waste generators in the city, an amount of mixed municipal solid waste
that is managed by incineration, production of refuse-derived fuel, mixed municipal solid waste
composting, or disposal that is no greater, in proportion to the total amount of waste managed
as listed above by all waste generators in the county in which the city is located, than it was for
calendar year 1993.
    Subd. 4. Exemption. (a) The commissioner may exempt a local government unit from the
requirements of subdivision 1 if the county within which the local government unit is located
has an approved solid waste management plan that concludes that variable rate pricing is not
appropriate for that jurisdiction because it is inconsistent with other incentives and mechanisms
implemented within the jurisdiction that are more effective in attaining the goals of this chapter
to discourage on-site disposal, littering, and illegal dumping.
(b) In the interim between revisions to the county solid waste management plan, the
commissioner may exempt a local government unit from the requirements of subdivision 1 if
the commissioner makes the determination otherwise made by the plan in paragraph (a) and
finds that the local government unit:
(1) operates or contracts for the operation of a residential recycling program that collects
more categories of recyclable materials than required in section 115A.552;
(2) has a residential participation rate in its recycling programs of at least 70 percent or in
excess of the participation rate for the county in which it is located, whichever is greater; and
(3) is located in a county that has exceeded the recycling goals in section 115A.551.
An exemption granted by the commissioner in the interim between revisions to the county solid
waste management plan is only effective until the county solid waste management plan is revised.
History: 1992 c 593 art 1 s 27; 1994 c 585 s 25; 1996 c 470 s 13; 1Sp2005 c 1 art 2 s 161
115A.9302 WASTE DEPOSIT DISCLOSURE.
    Subdivision 1. Disclosure required. (a) By January 1, 1994, and at least annually thereafter
between January 1 and March 31, a person that collects construction debris, industrial waste, or
mixed municipal solid waste for transportation to a waste facility shall disclose to each waste
generator from whom waste is collected the name, location, and type of, and the number of the
permit issued by the agency, or its counterpart in another state, if applicable, for the processing or
disposal facility or facilities, excluding a transfer station, at which the waste will be deposited.
The collector shall note the approximate percentage of waste deposited at each of the two
primary facilities used for the type of waste collected from the generator in the county in which
the generator generates the waste and any alternative facilities regularly used by the collector
for the type of waste collected from the generator in the county in which the generator generates
the waste.
(b) All written disclosures must include the following statement:
"You may be responsible for any liability that results from contamination at a facility where
your waste has been deposited. Minnesota believes that its waste management system provides
substantially more financial and environmental protection than depositing waste in landfills in
other states. Managing your waste in Minnesota may minimize your potential liability."
All oral disclosures must include the following statement:
"You may be responsible for any liability that results from contamination at a facility where
your waste has been deposited. Minnesota believes that its waste management system offers more
protection from liability than the waste management systems of other states."
(c) If any of the primary or alternative disposal facilities identified by the collector in
paragraph (a) are not located in Minnesota, the disclosure must state "The landfill to which your
waste may be sent during the current calendar year is not a Minnesota landfill."
    Subd. 2. Form of disclosure. (a) A collector shall make the disclosure to the waste generator
in writing at least once per year between January 1 and March 31 and on any written contract
for collection services for that year. The written disclosure must include all of the information
described in subdivision 1. The oral disclosure required in this section need only include the
statement required in subdivision 1, paragraph (b), and the statement required in subdivision 1,
paragraph (c), if that paragraph applies. If the license issued by the county to the collector for
collection within the county does not require the collector to submit a copy of the disclosure to the
county, the collector shall submit a copy to the commissioner by March 31 of each year.
(b) An oral disclosure is only required with regard to the collection of mixed municipal solid
waste. A collector must provide the required disclosure orally to a waste generator at the time
the generator agrees to purchase regular collection service and must provide written disclosure
to the generator within 45 days from the date of request. This oral disclosure is not required if
the city or county within which the waste is generated selects the collector that may provide
collection services to the generator.
(c) If a collector provides one-time or occasional service to a waste generator, the collector
must orally provide the generator with the required disclosure at the time the generator agrees to
purchase the service. The collector shall then provide written disclosure to the generator within
45 days from the date of request.
(d) If an additional facility becomes either a primary facility or an alternative facility during
the year, the collector shall make the disclosure set forth in subdivision 1 within 30 days. A
local government unit that collects solid waste without direct charges to waste generators shall
make the disclosure on any statement that includes an amount for waste management, provided
that, at a minimum, disclosure to waste generators must be made at least twice annually in a
form likely to be available to all generators.
(e) The agency may develop standard disclosure forms containing the information that is
required in this section. Collectors may use the form developed by the agency.
    Subd. 3. Transfer stations. If the collector deposits waste at a transfer station, the collector
need not disclose the name and location of the transfer station but must disclose the destination of
the waste when it leaves the transfer station.
History: 1993 c 249 s 18; 1995 c 247 art 1 s 24,25

PROHIBITIONS: YARD WASTE, MERCURY, AND

SOLID WASTE IMPORTATION

115A.931 YARD WASTE PROHIBITION.
(a) Except as authorized by the agency, in the metropolitan area after January 1, 1990, and
outside the metropolitan area after January 1, 1992, a person may not place yard waste:
(1) in mixed municipal solid waste;
(2) in a disposal facility; or
(3) in a resource recovery facility except for the purposes of reuse, composting, or
cocomposting.
    (b) [Renumbered 115A.03, subd 38]
History: 1988 c 685 s 21; 1991 c 337 s 44; 1992 c 593 art 1 s 28; 1995 c 247 art 1 s 66
115A.932 MERCURY PROHIBITION.
    Subdivision 1. Prohibitions. (a) A person may not place mercury or a thermostat,
thermometer, electric switch, appliance, gauge, medical or scientific instrument, or electric relay
or other electrical device from which the mercury has not been removed for reuse or recycling:
(1) in solid waste; or
(2) in a wastewater disposal system.
(b) A person may not knowingly place mercury or a thermostat, thermometer, electric switch,
appliance, gauge, medical or scientific instrument, or electric relay or other electrical device from
which the mercury has not been removed for reuse or recycling:
(1) in a solid waste processing facility; or
(2) in a solid waste disposal facility, as defined in section 115.01, subdivision 4.
(c) A person may not knowingly place a fluorescent or high intensity discharge lamp:
(1) in solid waste; or
(2) in a solid waste facility, except a household hazardous waste collection or recycling
facility.
This paragraph does not apply to waste lamps generated by households until August 1, 1994.
    Subd. 2. Enforcement. (a) Except as provided in paragraph (b), a violation of subdivision 1
is subject to enforcement under sections 115.071 and 116.072.
(b) A violation of subdivision 1 by a generator of household hazardous waste, as defined in
section 115A.96, is not subject to enforcement under section 115.071, subdivision 3.
(c) An administrative penalty imposed under section 116.072 for a violation of subdivision 1
by a generator of household hazardous waste, as defined in section 115A.96, may not exceed $700.
History: 1992 c 560 s 1; 1993 c 249 s 19; 1997 c 62 s 1; 1997 c 216 s 98
115A.935 SOLID WASTE GENERATED OUTSIDE OF MINNESOTA.
No person shall transport into or deposit in this state, for the purpose of processing or
disposal, solid waste that was generated in another state, unless the waste:
(1) meets all the solid waste management regulations of the state in which it was generated;
and
(2) contains none of the items specifically banned from mixed municipal solid waste in
this state, including waste tires, motor and vehicle fluids and filters, waste lead acid batteries,
yard waste, major appliances, and any other item specifically banned from the waste stream
under this chapter.
History: 1991 c 337 s 45; 1993 c 249 s 61

ORGANIZED AND MANDATORY COLLECTION

115A.94 ORGANIZED COLLECTION.
    Subdivision 1. Definition. "Organized collection" means a system for collecting solid waste
in which a specified collector, or a member of an organization of collectors, is authorized to
collect from a defined geographic service area or areas some or all of the solid waste that is
released by generators for collection.
    Subd. 2. Local authority. A city or town may organize collection, after public notification as
required in subdivision 4. A county may organize collection as provided in subdivision 5.
    Subd. 3. General provisions. (a) The local government unit may organize collection as a
municipal service or by ordinance, franchise, license, negotiated or bidded contract, or other
means, using one or more collectors or an organization of collectors.
(b) The local government unit may not establish or administer organized collection in a
manner that impairs the preservation and development of recycling and markets for recyclable
materials. The local government unit shall exempt recyclable materials from organized collection
upon a showing by the generator or collector that the materials are or will be separated from
mixed municipal solid waste by the generator, separately collected, and delivered for reuse in
their original form or for use in a manufacturing process.
(c) The local government unit shall invite and employ the assistance of interested persons,
including persons licensed to operate solid waste collection services in the local government unit,
in developing plans and proposals for organized collection and in establishing the organized
collection system.
(d) Organized collection accomplished by contract or as a municipal service may include
a requirement that all or any portion of the solid waste, except (1) recyclable materials and (2)
materials that are processed at a resource recovery facility at the capacity in operation at the
time that the requirement is imposed, be delivered to a waste facility identified by the local
government unit. In a district or county where a resource recovery facility has been designated
by ordinance under section 115A.86, organized collection must conform to the requirements of
the designation ordinance.
    Subd. 4. Cities and towns; notice; planning. (a) At least 180 days before implementing an
ordinance, franchise, license, contract or other means of organizing collection, a city or town, by
resolution of the governing body, shall announce its intent to organize collection and invite the
participation of interested persons, including persons licensed to operate solid waste collection
services, in planning and establishing the organized collection system.
(b) The resolution of intent must be adopted after a public hearing. The hearing must be held
at least two weeks after public notice and mailed notice to persons known by the city or town to
be operating solid waste collection services in the city or town. The failure to give mailed notice
to persons or defect in the notice does not invalidate the proceedings, provided a bona fide effort
to comply with notice requirements has been made.
(c) During a 90-day period following the resolution of intent, the city or town shall develop
or supervise the development of plans or proposals for organized collection. During this 90-day
planning period, the city or town shall invite and employ the assistance of persons licensed as
of the date of the resolution of intent to operate solid waste collection services in the city or
town. Failure of a licensed collector to participate in the 90-day planning period, when the city
or town has made a bona fide effort to provide the person the opportunity to participate, does
not invalidate the planning process.
(d) For 90 days after the date ending the planning period required under paragraph (c), the
city or town shall discuss possible organized collection arrangements with all licensed collectors
operating in the city or town who have expressed interest. If the city or town is unable to agree on
an organized collection arrangement with a majority of the licensed collectors who have expressed
interest, or upon expiration of the 90 days, the city or town may propose implementation of an
alternate method of organizing collection as authorized in subdivision 3.
(e) The city or town shall make specific findings that:
(1) describe in detail the procedures it used to plan and to attempt implementation of
organized collection through an arrangement with collectors who expressed interest; and
(2) evaluate the proposed organized collection method in light of at least the following
standards: achieving the stated organized collection goals of the city or town; minimizing
displacement of collectors; ensuring participation of all interested parties in the decision-making
process; and maximizing efficiency in solid waste collection.
(f) Upon request, the city or town shall provide mailed notice of all proceedings on the
organization of collection in the city or town.
(g) If the city or town and all the persons licensed to operate mixed municipal solid waste
collection services and doing business in the city or town agree on the plan, the city or town may
implement the plan without regard to the 180-day period specified in paragraph (a).
    Subd. 5. County organized collection. (a) A county may by ordinance require cities and
towns within the county to organize collection. Organized collection ordinances of counties may:
(1) require cities and towns to require the separation and separate collection of recyclable
materials;
(2) specify the material to be separated; and
(3) require cities and towns to meet any performance standards for source separation that
are contained in the county solid waste plan.
(b) A county may itself organize collection under subdivision 4 in any city or town that does
not comply with a county organized collection ordinance adopted under this subdivision, and the
county may implement, as part of its organized collection, the source separation program and
performance standards required by its organized collection ordinance.
    Subd. 6. Organized collection not required or prevented. (a) The authority granted in this
section to organize solid waste collection is optional and is in addition to authority to govern
solid waste collection granted by other law.
(b) Except as provided in subdivision 5, a city, town, or county is not:
(1) required to organize collection; or
(2) prevented from organizing collection of solid waste or recyclable material.
(c) Except as provided in subdivision 5, a city, town, or county may exercise any authority
granted by any other law, including a home rule charter, to govern collection of solid waste.
    Subd. 7. Anticompetitive conduct. (a) A political subdivision that organizes collection
under this section is authorized to engage in anticompetitive conduct to the extent necessary to
plan and implement its chosen organized collection system and is immune from liability under
state laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of
trade or commerce.
(b) An organization of solid waste collectors, an individual collector, and their officers,
members, employees, and agents who cooperate with a political subdivision that organizes
collection under this section are authorized to engage in anticompetitive conduct to the extent
necessary to plan and implement the organized collection system, provided that the political
subdivision actively supervises the participation of each entity. An organization, entity, or person
covered by this paragraph is immune from liability under state law relating to antitrust, restraint
of trade, unfair trade practices, and other regulation of trade or commerce.
History: 1987 c 348 s 27; 1989 c 325 s 26,27; 1990 c 600 s 1,2; 1991 c 337 s 46; 1993 c
249 s 20,21
115A.941 SOLID WASTE; REQUIRED COLLECTION.
(a) Except as provided in paragraph (b), each city, and town described in section 368.01,
with a population of 1,000 or more, and any other town with a population of 5,000 or more shall
ensure that every residential household and business in the city or town has solid waste collection
service. To comply with this section, a city or town may organize collection, provide collection,
or require by ordinance that every household and business has a contract for collection services.
An ordinance adopted under this section must provide for enforcement.
(b) A city or town described in paragraph (a) may exempt a residential household or business
in the city or town from the requirement to have solid waste collection service if the household or
business ensures that an environmentally sound alternative is used.
(c) To the extent practicable, the costs incurred by a city or town under this section must
be incorporated into the collection system or the enforcement mechanisms adopted under this
section by the city or town.
History: 1991 c 337 s 47; 1993 c 249 s 22

VISIBLE COSTS

115A.945 VISIBLE SOLID WASTE MANAGEMENT COSTS.
Any political subdivision that provides or pays for the costs of collection or disposal of solid
waste shall, through a billing or other system, make the prorated share of those costs for each
solid waste generator visible and obvious to the generator.
History: 1Sp1989 c 1 art 20 s 9

RECYCLABLE MATERIALS PROHIBITED FROM CERTAIN FACILITIES

115A.95 RECYCLABLE MATERIALS.
A disposal facility or a resource recovery facility that is composting waste, burning waste,
or converting waste to energy or to materials for combustion may not accept source-separated
recyclable materials, and a solid waste collector or transporter may not deliver source-separated
recyclable materials to such a facility, except for recycling or transfer to a recycler, unless the
commissioner determines that no other person is willing to accept the recyclable materials.
History: 1985 c 274 s 13; 1987 c 348 s 28; 1994 c 585 s 26; 1Sp2005 c 1 art 2 s 161

TELEPHONE DIRECTORIES

115A.951 TELEPHONE DIRECTORIES.
    Subdivision 1. Definition. For the purposes of this section, a "telephone directory" means a
printed list of residential, governmental, or commercial telephone service subscribers or users, or
a combination of subscribers or users, that contains more than 7,500 listings and is distributed
to the subscribers or users.
    Subd. 2. Prohibition. A person may not place a telephone directory:
(1) in solid waste;
(2) in a disposal facility; or
(3) in a resource recovery facility, except a recycling facility.
    Subd. 3. Recyclability. A person may not distribute a telephone directory to any person
in this state unless the telephone directory:
(1) is printed on paper that is recyclable;
(2) is printed with inks that contain no heavy metals or other toxic materials; and
(3) is bound with materials that pose no unreasonable barriers to recycling of the directory.
    Subd. 4. Collection of used directories. Each publisher or distributor of telephone
directories shall:
(1) provide for the collection and delivery to a recycler of waste telephone directories;
(2) inform recipients of directories of the collection system; and
(3) submit a report to the agency by August 1 of each year that specifies the percentage of
distributed directories collected as waste directories by distribution area and the locations where
the waste directories were delivered for recycling and that verifies that the directories have been
recycled.
History: 1992 c 593 art 1 s 29; 1995 c 247 art 2 s 20; 1Sp2005 c 1 art 2 s 161

PROBLEM MATERIALS

115A.952 RETAIL SALE OF PROBLEM MATERIALS; UNIFORM LABELING AND
CONSUMER INFORMATION.
    Subdivision 1. Duties of agency; rules. The agency may adopt rules to identify products
that are used primarily for personal, family, or household purposes and that constitute a problem
material or contain a problem material as defined in section 115A.03, subdivision 24a. The rules
may also prescribe a uniform label to be affixed by retailers of identified products as provided in
subdivision 4. Packaging that is recyclable or made from recycled material shall not constitute
a problem material.
    Subd. 2. Duties of commissioner of agriculture. The commissioner of agriculture may
adopt rules to provide consumer information and retail handling practices for pesticides, as
defined in section 18B.01, subdivision 18; fertilizers, plant amendments, and soil amendments, as
defined in section 18C.005, subdivisions 11, 25, and 33; and wood preservatives.
    Subd. 3. Preparation and supply of materials. The agency and the commissioner of
agriculture shall prepare and the agency shall supply to retailers, without charge to the retailers,
the labels and informational materials required to comply with subdivision 4. Informational
materials must include specific instructions on environmentally sound ways to use identified
products and to handle them when the products or their containers are discarded.
    Subd. 4. Duties of retailers. A person who sells or offers for sale at retail any product that
is identified pursuant to rules of the agency adopted under subdivision 1 or under rules of the
commissioner of agriculture under subdivision 2 shall:
(1) affix a uniform label as prescribed by the rules in a prominent location upon or near the
display area of the product. If the adjacent display area is a shelf, the label shall be affixed to the
price information for the product on the shelf;
(2) maintain and prominently display informational materials supplied by the agency at the
location where identified products covered by the materials are sold or offered for sale; and
(3) comply with the handling practices required under subdivision 2.
History: 1Sp1989 c 1 art 20 s 10
115A.9523 [Repealed, 1997 c 216 s 160]
115A.953 [Repealed, 1991 c 337 s 90]
115A.956 SOLID WASTE DISPOSAL PROBLEM MATERIALS.
    Subdivision 1. Problem material processing and disposal plan. The agency shall develop
a plan that designates problem materials and available capacity for processing and disposal of
problem materials including household hazardous waste that should not be in mixed municipal
solid waste. In developing the plan, the agency shall consider relevant regional characteristics and
the impact of problem materials on specific processing and disposal technologies.
    Subd. 2. Problem material separation and collection plan. After the agency certifies that
sufficient processing and disposal capacity is available, but no later than November 15, 1992,
the agency shall develop a plan for separating problem materials from mixed municipal solid
waste, collecting the problem materials, and transporting the problem materials to a processing or
disposal facility and may by rule prohibit the placement of the designated problem materials in
mixed municipal solid waste.
History: 1Sp1989 c 1 art 20 s 12; 1991 c 303 s 2; 1Sp2005 c 1 art 2 s 161
115A.9561 MAJOR APPLIANCES.
    Subdivision 1. Prohibitions. A person may not:
(1) place major appliances in mixed municipal solid waste; or
(2) dispose of major appliances in or on the land or in a solid waste processing or disposal
facility. The agency may enforce this section pursuant to sections 115.071 and 116.072.
    Subd. 2. Recycling required. (a) Major appliances must be recycled or reused. Each county
shall ensure that its households have the opportunity to recycle used major appliances. For the
purposes of this section, recycling includes:
(1) the removal of capacitors that may contain PCB's;
(2) the removal of ballasts that may contain PCB's;
(3) the removal of chlorofluorocarbon refrigerant gas; and
(4) the recycling or reuse of the metals, including mercury.
(b) To ensure that the materials removed from a major appliance are not introduced into the
environment, an activity described in paragraph (a), clauses (1) to (3), must be conducted in a
closed facility if the activity is conducted within 500 feet from the ordinary high water level of a
water basin that is a public water, as those terms are described in section 103G.005, or of a
watercourse identified by the public waters inventory under section 103G.201.
History: 1Sp1989 c 1 art 20 s 13; 1991 c 337 s 48; 1991 c 347 art 1 s 18; 1992 c 560 s 2;
1994 c 585 s 27; 2002 c 382 art 1 s 3
115A.9565 CATHODE-RAY TUBE PROHIBITION.
Effective July 1, 2006, a person may not place in mixed municipal solid waste an electronic
product containing a cathode-ray tube.
History: 2003 c 128 art 1 s 129; 1Sp2005 c 1 art 2 s 132
115A.96 HOUSEHOLD HAZARDOUS WASTE MANAGEMENT.
    Subdivision 1. Definitions. The following definitions apply to this section:
(a) "Household" means a single detached dwelling unit or a single unit of a multiple dwelling
unit and appurtenant structures.
(b) "Household hazardous waste" means waste generated from household activity that
exhibits the characteristics of or that is listed as hazardous waste under agency rules, but does not
include waste from commercial activities that is generated, stored, or present in a household.
(c) "Collection site" means a permanent or temporary designated location with scheduled
hours for collection where individuals may bring household hazardous wastes.
(d) "Municipality" has the meaning given it in section 466.01, subdivision 1.
    Subd. 2. Management program. The agency shall establish a statewide program to manage
household hazardous wastes. The program must include:
(1) the establishment and operation of collection sites; and
(2) the provision of information, education, and technical assistance regarding proper
management of household hazardous wastes.
    Subd. 3. Other participants. (a) The agency may establish or operate all or part of the
management program or may provide for services by contract or other agreement with public or
private entities.
(b) The agency shall allow these programs to accept up to 100 pounds of waste per year from
a hazardous waste generator that generates 220 pounds or less of hazardous waste per month.
    Subd. 4. Management. Any person who establishes or operates all or part of a household
hazardous waste management program shall manage collected waste in compliance with standards
applicable to a hazardous waste generator. If collected waste must be stored for a time exceeding
those standards, the entity shall obtain the approval of the commissioner of the agency and shall
manage the waste in compliance with applicable standards for the use and management of
containers, but no facility permit is required. Waste accepted under subdivision 3, paragraph (b),
must be managed in accordance with standards applicable to the waste.
    Subd. 5. Other programs. A person must notify the commissioner of the agency before
establishing and operating any part of a household hazardous waste management program.
    Subd. 6. Household hazardous waste management plans. (a) Each county shall include
in its solid waste management plan required in section 115A.46, or its solid waste master plan
required in section 473.803, a household hazardous waste management plan. The plan must at
least:
(1) include a broad based public education component;
(2) include a strategy for reduction of household hazardous waste; and
(3) include a strategy for separation of household hazardous waste from mixed municipal
solid waste and the collection, storage, and proper management of that waste.
(b) Each county required to submit its plan to the agency under section 115A.46 shall amend
its plan to comply with this subdivision within one year after October 4, 1989.
(c) Each county in the state shall implement its household hazardous waste management
plan by June 30, 1992.
(d) The agency shall review the plans submitted under this subdivision.
    Subd. 7. Indemnification; municipalities. (a) A municipality, when operating or
participating in a household hazardous waste management program pursuant to a contract with
the agency under this section or other law, is an employee of the state, certified to be acting
within the scope of employment, for purposes of the indemnification provisions of section
3.736, subdivision 9, for claims that arise out of the transportation, management, or disposal of
any waste covered by the contract:
(1) from and after the time the waste permanently leaves the municipality's possession and
comes into the possession of the agency's authorized transporter; and
(2) during the time the waste is transported between the municipality's facilities by the
agency's authorized transporter.
(b) The state is not obligated to defend or indemnify a municipality under this subdivision to
the extent of the municipality's liability insurance. The municipality's right to indemnity is not
a waiver of the limitations, defenses, and immunities available to either the municipality or
the state by law.
History: 1987 c 186 s 15; 1987 c 348 s 29; 1Sp1989 c 1 art 20 s 15,16; 1991 c 303 s 3;
1991 c 337 s 49; 1993 c 172 s 62,63; 1995 c 247 art 1 s 26; 2002 c 265 s 1,2; 2002 c 374 art 6 s
3-7; 1Sp2005 c 1 art 2 s 161
115A.961 HOUSEHOLD BATTERIES; COLLECTION, PROCESSING, AND DISPOSAL.
    Subdivision 1. Definition. For the purposes of this section, "household batteries" means
disposable or rechargeable dry cells commonly used as power sources for household or consumer
products including, but not limited to, nickel-cadmium, alkaline, mercuric oxide, silver oxide,
zinc oxide, lithium, and carbon-zinc batteries, but excluding lead acid batteries.
    Subd. 2. Program. (a) The commissioner, in consultation with other state agencies, political
subdivisions, and representatives of the household battery industry, may develop household
battery programs. The commissioner must coordinate the programs with the Legislative-Citizen
Commission on Minnesota Resources Study on Batteries.
(b) The commissioner shall investigate options and develop guidelines for collection,
processing, and disposal of household batteries. The options the commissioner may investigate
include:
(1) establishing a grant program for counties to plan and implement household battery
collection, processing, and disposal projects;
(2) establishing collection and transportation systems;
(3) developing and disseminating educational materials regarding environmentally sound
battery management; and
(4) developing markets for materials recovered from the batteries.
(c) The commissioner may also distribute funds to political subdivisions to develop battery
management plans and implement those plans.
    Subd. 3. Participation. A political subdivision, on its own or in cooperation with others,
may implement a program to collect, process, or dispose of household batteries. A political
subdivision may provide financial incentives to any person, including public or private civic
groups, to collect the batteries.
    Subd. 4.[Obsolete, 1Sp2005 c 1 art 2 s 161]
History: 1Sp1989 c 1 art 20 s 14; 1994 c 639 art 5 s 3; 1Sp2005 c 1 art 2 s 161; 2006
c 243 s 21
115A.965 PROHIBITIONS ON SELECTED TOXICS IN PACKAGING.
    Subdivision 1. Packaging. (a) As soon as feasible but not later than August 1, 1993, no
manufacturer or distributor may sell or offer for sale or for promotional purposes in this state
packaging or a product that is contained in packaging if the packaging itself, or any inks, dyes,
pigments, adhesives, stabilizers, or any other additives to the packaging contain any lead,
cadmium, mercury, or hexavalent chromium that has been intentionally introduced as an element
during manufacture or distribution of the packaging.
(b) For the purposes of this section:
(1) "distributor" means a person who imports packaging or causes packaging to be imported
into the state; it does not include a person involved solely in delivering packages on behalf
of a third party;
(2) "intentional introduction" means the act of deliberately using a regulated metal in the
formulation of a package where its continued presence is desired in the final package to provide a
specific characteristic, appearance, or quality. It does not include:
(i) the use of a regulated metal as a processing agent or intermediate to impart certain
chemical or physical changes during manufacturing, where the incidental retention of a residue of
the metal in the final package is neither desired nor deliberate if the final package is in compliance
with subdivision 2;
(ii) the use of recycled materials as feedstock for the manufacture of new packaging
materials, where some portion of the recycled materials may contain amounts of a regulated metal
if the new package is in compliance with subdivision 2; or
(iii) the incidental presence of any of the regulated metals.
    Subd. 2. Total toxics concentration levels. The total concentration level of lead, cadmium,
mercury, and hexavalent chromium added together in any packaging must not exceed the
following amounts:
(1) 600 parts per million by weight by August 1, 1993;
(2) 250 parts per million by weight by August 1, 1994; and
(3) 100 parts per million by weight by August 1, 1995.
    Subd. 3. Exemptions. (a) Until January 1, 2010, the following packaging is exempt from the
requirements of subdivisions 1 and 2:
(1) packaging that would not exceed the total toxics concentration levels under subdivision 2
but for the addition in the packaging of materials that have fulfilled their intended use and have
been discarded by consumers; and
(2) packages that are reused but exceed the total toxics concentration levels in subdivision
2, provided that:
(i) the product being conveyed by the package is regulated under federal or state health or
safety requirements;
(ii) transportation of the packaged product is regulated under federal or state transportation
requirements; and
(iii) disposal of the package is performed according to federal or state radioactive or
hazardous waste disposal requirements.
(b) Until January 1, 2010, packages that have a controlled distribution and reuse, but
exceed the total toxics concentration levels in subdivision 2 and do not meet the requirements of
paragraph (a), may be exempted from subdivisions 1 and 2 if the manufacturers or distributors
of the packages petition for and receive approval from the commissioner. In granting approval,
the commissioner shall base the decision on satisfactory demonstrations that the environmental
benefit of the controlled distribution and reuse is significantly greater compared to the same
package manufactured in compliance with the total toxics concentration levels in subdivision 2,
and on plans proposed by the manufacturer that include each of the following elements:
(1) a means of identifying the packaging in a permanent and visible manner;
(2) a method of regulatory and financial accountability so that a specified percentage of the
packaging manufactured and distributed to other persons is not discarded by those persons after
use but are returned to the manufacturer or the manufacturer's designee;
(3) a system of inventory and record maintenance to account for the packaging placed in,
and removed from, service;
(4) a means of transforming packaging that is no longer reusable into recycled materials for
manufacturing or into manufacturing wastes which are subject to existing federal or state laws or
regulations governing such manufacturing wastes that ensure that these wastes do not enter the
industrial or mixed municipal solid waste stream; and
(5) a system of annually reporting to the commissioner changes to the system and changes in
designees.
(c) Packaging to which lead, cadmium, mercury, or hexavalent chromium has been
intentionally introduced in the manufacturing process may be exempted from the requirements of
subdivisions 1 and 2 by the commissioner of the Pollution Control Agency if:
(1) the use of the toxic element in the packaging is required by federal or state health or
safety laws; or
(2) there is no feasible alternative for the packaging because the toxic element used is
essential to the protection, safe handling, or function of the contents of the package.
The commissioner may grant an exemption under this paragraph for a period not to exceed
two years upon application by the packaging manufacturer that includes documentation showing
that the criteria for an exemption are met. Exemptions granted by the commissioner may be
renewed upon reapplication every two years.
    Subd. 4. Certificate of compliance. (a) Beginning August 1, 1993, each manufacturer and
distributor of packaging for sale or other distribution in this state shall certify to each of their
purchasers or receivers that the packaging purchased or received complies with this section. The
certificate of compliance must be in writing and must be signed by an official of the manufacturer
or distributor. For packaging that has received an exemption under subdivision 3, the certificate
of compliance must list the amount of total toxics concentration in the packaging, the specific
toxics present, and the basis for the exemption.
(b) The manufacturer or distributor shall keep on file a copy of the certificate of compliance
for each type of packaging manufactured or distributed and shall make copies available to the
commissioner of the Pollution Control Agency or the attorney general on request, or to any
member of the public within 60 days of receipt of a written request that specifies the type of
packaging for which the information is requested.
(c) Each purchaser or receiver, except a retailer, of packaging shall retain the certificate of
compliance for as long as the packaging is in use.
(d) If a manufacturer or distributor of packaging reformulates the packaging or creates
new packaging, the manufacturer or distributor shall provide an amended or new certificate of
compliance to purchasers and receivers for the reformulated or new packaging.
    Subd. 5. Enforcement. This section may be enforced under sections 115.071 and 116.072.
A person who fails to comply with this section is subject to a civil fine of up to $5,000 per day
of violation, court costs and attorney fees, and all costs associated with the separate collection,
storage, transfer, and appropriate processing or disposal of nonconforming packaging, to be
determined by the true cost of those activities per ton times the approximate actual tonnage of
nonconforming packaging sold or otherwise distributed in the state.
    Subd. 6.[Repealed, 1997 c 186 s 4]
    Subd. 6a. Implementation. In the interests of promoting consistent, nationally applicable
standards, the commissioner shall have discretion to coordinate efforts under this section with
similar efforts in other jurisdictions.
    Subd. 7. Report. By September 1 of each odd-numbered year, the commissioner shall
prepare and submit to the senate and house committees having jurisdiction over environment and
natural resources and environment and natural resources finance a report to include:
(1) enforcement actions taken by the commissioner under this section for the reporting
period; and
(2) for each exemption granted, the identity of the party requesting the exemption, a brief
description of the packaging, and the basis for granting the exemption.
History: 1991 c 337 s 50; 1993 c 249 s 24; 1994 c 585 s 28,29; 1995 c 247 art 1 s 27; 1996
c 470 s 14,15,27; 1997 c 186 s 1-3; 2000 c 370 s 2; 1Sp2005 c 1 art 2 s 161
115A.9651 LISTED METALS IN SPECIFIED PRODUCTS; ENFORCEMENT.
    Subdivision 1. Prohibition. After July 1, 1998, no person may distribute a listed product
for sale or use in this state.
    Subd. 2. Definitions. (a) For the purposes of this section, the following terms have the
meanings given them.
(b) "Council" means the council established under subdivision 5.
(c) "Essential product" means a specified product into which the introduction of a listed
metal is required under military specifications or to ensure the integrity of a product essential for
aviation or railroad safety, and which is being used only in that application.
(d) "Intentionally introduce" means to deliberately use a listed metal as an element during
manufacture or distribution of a specified product. Intentional introduction does not include the
incidental presence of a listed metal.
(e) "Listed metal" means lead, cadmium, mercury, or hexavalent chromium.
(f) "Listed product" means a specified product that is included on the prohibited products
list published under subdivision 4.
(g) "New product" means a specified product which was not used, sold, or distributed in the
state before July 2, 1998, or which has been reformulated so that it contains more of a listed metal.
(h) "Official" means an officer of a corporation, a general partner of a partnership or
limited partnership, a sole proprietor, or, in the case of any other entity, a person with high level
management responsibilities.
(i) "Specified product" means an ink, dye, pigment, paint, or fungicide into which a listed
metal has been intentionally introduced or in which the incidental presence of a listed metal
exceeds a concentration of 100 parts per million.
    Subd. 3. Certification of compliance. (a) By July 1, 1998, each person who has filed the
progress report specified in Laws 1994, chapter 585, section 30, subdivision 2, paragraph (e),
indicating compliance would be achieved by July 1, 1998, shall certify to the commissioner that
the products referenced in that report have been reformulated and no longer meet the definition of
a specified product. The certification must be in writing and signed by an official of the company.
If, due to significant change in circumstances, the person cannot so certify by July 1, 1998, a
product review report and fee shall be submitted as provided under subdivision 6.
(b) The person submitting the certification shall keep a copy on file and make copies
available to the commissioner or the attorney general upon request or to any member of the
public within 60 days of receipt of a written request that specifies the type of product for which
the information is requested.
    Subd. 4. Prohibited products list. By October 1, 1998, the commissioner shall publish
in the State Register a list of specified products for which the commissioner has received
certifications as provided under subdivision 3.
    Subd. 5. Listed Metals Advisory Council. (a) The purpose of the Listed Metals Advisory
Council is to promote sustainable development, as defined in section 4A.07, and the public
health and welfare and protect the environment and the state's economy by removing listed
metals from specified products so that the listed metals do not contribute to bioaccumulation and
burden taxpayers with unnecessary disposal costs.
(b) By July 1, 1997, the commissioner shall appoint a Listed Metals Advisory Council
consisting of the following five permanent members: a chair, a representative of government,
a representative of business, a representative of a citizens' organization, and a representative
from a relevant field of academia. Temporary members of the council shall be appointed by the
commissioner under paragraph (f). No permanent or temporary member of the council who is an
employee of a manufacturer or user of a specified product may sit in consideration of that product.
(c) The council shall have the following duties:
(1) review reports submitted under subdivisions 6, 7, and 8 and provide advice to the
commissioner pursuant to paragraph (d); and
(2) report to the commissioner on October 1, 2000, and October 1, 2005, on any reasonable
measures that would allow the criteria in paragraph (d) to be met with regard to products reviewed
based on information obtained during the review of products.
(d) The council's advice to the commissioner under paragraph (c), clause (1), shall be based
on an evaluation of the environmental impact of the product and the ability of the manufacturer
or user to reduce or eliminate the listed metal. Before making a recommendation that the
commissioner take action under subdivision 9, the council must conclude that:
(1) there is an alternative to the specified product that does not contain the listed metal that
performs the same technical function, is commercially available, and is economically practicable;
and
(2) replacement of the product with the alternative will result in an environmental benefit in
the state.
(e) A recommendation that the commissioner take action under subdivision 9 shall include
the information required by section 14.131 to the extent the council, through reasonable effort,
can ascertain this information.
(f) Before the council evaluates a specific product or group of products, the commissioner
shall appoint temporary council members in an even number up to six. The commissioner shall
seek to appoint as temporary members persons having expertise on the product or group of
products under review as well as persons representing community interests. The temporary
members shall be voting members of the council on all matters related to consideration of
the product or group of products. The terms of the temporary members shall expire when the
council has completed its review of the product or group of products and has submitted its
recommendation to the commissioner pursuant to this subdivision.
(g) The permanent members of the council must prioritize the council's review of a specific
product or group of products by publishing a notice in the State Register by October 1, 1998,
identifying those specified products, or groups of products, which will be reviewed by July 1,
2000. By October 1, 2000, the council shall publish a notice in the State Register identifying those
specified products, or groups of products, which will be reviewed by July 1, 2005. The council
shall consider potential environmental impacts in prioritizing its review. The council shall notify
manufacturers and users who have submitted product review reports of the appropriate review
schedule. A manufacturer who has submitted a product review report may request an expedited
review by the council.
(h) The commissioner shall provide staff and administrative services to the council.
Compensation and removal of council members shall be as provided in section 15.059,
subdivisions 3 and 4
. The council shall dissolve on June 30, 2006.
    Subd. 6. Product review reports. (a) Except as provided under subdivision 7, the
manufacturer, or an association of manufacturers, of any specified product distributed for sale or
use in this state that is not listed pursuant to subdivision 4 shall submit a product review report
and fee as provided in paragraph (c) to the commissioner for each product by July 1, 1998. Each
product review report shall contain at least the following:
(1) a policy statement articulating upper management support for eliminating or reducing
intentional introduction of listed metals into its products;
(2) a description of the product and the amount of each listed metal distributed for use in
this state;
(3) a description of past and ongoing efforts to eliminate or reduce the listed metal in the
product;
(4) an assessment of options available to reduce or eliminate the intentional introduction of
the listed metal including any alternatives to the specified product that do not contain the listed
metal, perform the same technical function, are commercially available, and are economically
practicable;
(5) a statement of objectives in numerical terms and a schedule for achieving the elimination
of the listed metals and an environmental assessment of alternative products;
(6) a listing of options considered not to be technically or economically practicable; and
(7) certification attesting to the accuracy of the information in the report signed and dated by
an official of the manufacturer or user.
If the manufacturer fails to submit a product review report, a user of a specified product may
submit a report and fee which comply with this subdivision by August 15, 1998.
(b) By July 1, 1999, and annually thereafter until the commissioner takes action under
subdivision 9, the manufacturer or user must submit a progress report and fee as provided in
paragraph (c) updating the information presented under paragraph (a).
(c) The fee shall be $295 for each report. The fee shall be deposited in the state treasury and
credited to the environmental fund. The fee is exempt from section 16A.1285.
(d) Where it cannot be determined from a progress report submitted by a person pursuant
to Laws 1994, chapter 585, section 30, subdivision 2, paragraph (e), the number of products for
which product review reports are due under this subdivision, the commissioner shall have the
authority to determine, after consultation with that person, the number of products for which
product review reports are required.
(e) The commissioner shall summarize, aggregate, and publish data reported under
paragraphs (a) and (b) annually.
(f) A product that is the subject of a recommendation by the Toxics in Packaging
Clearinghouse, as administered by the Council of State Governments, is exempt from this section.
    Subd. 7. Essential products; published list. (a) By January 1, 1998, a manufacturer or user
of an essential product must submit a certification to the commissioner that the product meets
the definition in subdivision 2, paragraph (c). By July 1, 2002, each manufacturer or user of
an essential product shall submit a report to the commissioner which includes the information
required in subdivision 6, paragraph (a), and a statement of whether the product continues to meet
the definition in subdivision 2, paragraph (c).
(b) By October 1, 1998, the commissioner shall publish in the State Register a list of essential
products for which the commissioner has received certification pursuant to this subdivision. By
October 1, 2002, the commissioner shall publish in the State Register a list of essential products
based on reports submitted by July 1, 2002, as provided in paragraph (a).
    Subd. 8. New products; criteria for review. (a) After July 1, 1998, but before July 1,
2005, no person shall sell, distribute, or offer for sale in this state a new product prior to the
manufacturer or user submitting a product review report and fee specified in subdivision 6.
(b) The council shall review reports submitted under this subdivision and provide advice
to the commissioner. The council's advice to the commissioner under this subdivision shall
be based on an evaluation of the environmental impact of the product and the ability of the
manufacturer or user to reduce or eliminate the listed metal. Before making a recommendation
that the commissioner take action under subdivision 9, the council must conclude that:
(1) there is an alternative to the specified product that does not contain the listed metal that
performs the same technical function, is commercially available, and is economically practicable,
and replacement of the product with the alternative will result in an environmental benefit
in the state; or
(2) if there is no alternative to the new product, that the use of the listed metal in the new
product presents a significant threat to the safe and efficient operation of waste facilities, or use
of the listed metal does not increase the useful life span of the new product, reduce the overall
toxicity of the final product or of material used in production of the final product, or otherwise
provide a net environmental benefit to the state.
(c) Notwithstanding subdivision 5, paragraph (f), where the commissioner determines that a
new product subject to paragraph (a) is sufficiently similar to a product or products previously
reviewed by the council, the commissioner may authorize the permanent members of the council
to perform the duties established in paragraph (b) without the appointment of temporary members.
In performing those duties, the council shall utilize information gathered in any previous review
of a similar product or products.
(d) Beginning July 1, 2005, no person shall sell, distribute, or offer for sale in this state a
new product without the commissioner's approval. A person seeking approval of a new product
shall submit a product review report including the information and fee specified in subdivision
6. The commissioner shall not approve the new product unless the commissioner determines
that it meets the criteria in paragraph (b). The commissioner shall make a determination within
six months of receipt of a complete request.
    Subd. 9. Authority of commissioner. (a) The commissioner may, upon the recommendation
of the council, prohibit the distribution for sale or use in this state of a specified product that
is not an essential product.
(b) Before taking action under this subdivision, the commissioner must conclude that:
(1) there is an alternative to the specified product that does not contain the listed metal that
performs the same technical function, is commercially available, and is economically practicable,
and replacement of the product with the alternative will result in an environmental benefit
to the state; or
(2) if there is no alternative to the new product, that the use of the listed metal in the new
product presents a significant threat to the safe and efficient operation of waste facilities, or use
of the listed metal does not increase the useful life span of the new product, reduce the overall
toxicity of the final product or of material used in production of the final product, or otherwise
provide a net environmental benefit to the state.
(c) If the commissioner fails to take action under this subdivision as recommended by the
council, the commissioner shall submit a report to the legislature explaining the reasons for
not taking such action.
(d) The commissioner shall provide the legislature a report and recommendations based on
any report prepared by the council under subdivision 5, paragraph (c), clause (2).
    Subd. 10. Application; enforcement. (a) This section does not apply to art supplies.
(b) This section may be enforced under sections 115.071 and 116.072. The attorney general
or the commissioner of the agency shall coordinate enforcement of this section.
    Subd. 11. Rulemaking authority. (a) The Pollution Control Agency may adopt, amend,
suspend, and repeal rules to implement this section.
(b) Publication of notice under subdivision 5, paragraph (g), shall be deemed to satisfy
the requirements of section 14.101.
(c) The commissioner may adopt a council recommendation under subdivision 5 as the
agency's statement of need and reasonableness. A recommendation adopted in this manner shall
be deemed to satisfy any content requirements for a statement of need and reasonableness
imposed by law.
(d) Any hearings on rules adopted under this section shall be conducted in accordance with
sections 14.14 to 14.20 and address whether the rule meets the standards for review under which
the judge is required to approve or disapprove the rule.
(e) Section 14.125 does not apply to the agency's rulemaking authority under this section.
(f) A rule adopted under this section is effective until repealed by the agency.
History: 1991 c 337 s 51; 1993 c 249 s 25; 1993 c 366 s 7; 1994 c 585 s 30; 1995 c 247 art
1 s 28; 1996 c 455 art 3 s 1; 1996 c 470 s 16,27; 1997 c 221 s 1; 2000 c 370 s 3; 2003 c 128
art 2 s 6; 1Sp2005 c 1 art 2 s 161
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 commissioner, in cooperation with
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 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.
History: 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; 1Sp2005 c 1 art 2 s 161
115A.98 [Repealed, 1989 c 325 s 77]
115A.981 [Repealed, 2000 c 370 s 5]

LITTER

115A.99 LITTER PENALTIES AND DAMAGES.
    Subdivision 1. Civil penalty. (a) A person who unlawfully places any portion of solid waste
in or on public or private lands, shorelands, roadways, or waters is subject to a civil penalty of
not less than twice nor more than five times the costs incurred by a state agency or political
subdivision to remove, process, and dispose of the waste.
(b) A state agency or political subdivision that incurs costs as described in this section may
bring an action to recover the civil penalty, related legal, administrative, and court costs, and
damages for injury to or pollution of the lands, shorelands, roadways, or waters where the waste
was placed if owned or managed by the entity bringing the action.
    Subd. 2. Deposit of penalties and damages. Civil penalties and damages collected under
subdivision 1 must be collected and distributed as required in section 487.33.
    Subd. 3. Joinder; private action for damages. A private person may join an action by the
state or a political subdivision to recover a civil penalty under subdivision 1 to allow the person to
recover damages for waste unlawfully placed on the person's property.
History: 1Sp1989 c 1 art 20 s 17; 1994 c 412 s 2
115A.991 [Repealed, 1996 c 470 s 29]