2006 Minnesota Statutes

CHAPTER 116F. RECYCLING OF SOLID WASTE

116F.01 STATEMENT OF POLICY.
The legislature seeks to encourage both the reduction of the amount and type of material
entering the solid waste stream and the reuse and recycling of materials. Solid waste represents
discarded material and energy resources, and it also represents an economic burden to the
people of the state. The recycling of solid waste materials is one alternative for the conservation
of material and energy resources, but it is also in the public interest to reduce the amount of
materials requiring recycling or disposal.
The legislature also seeks to encourage the design and implementation of regional programs
for materials conservation which take into account the variations in solid waste generation
throughout the state.
History: 1973 c 748 s 1

116F.02 DEFINITIONS.
    Subdivision 1. Scope. As used in sections 116F.01 to 116F.08, the terms defined in this
section have the meanings given to them.
    Subd. 2. Agency. "Agency" means the Minnesota Pollution Control Agency.
    Subd. 3.[Repealed, 1980 c 564 art 13 s 2]
    Subd. 4.[Repealed, 1980 c 564 art 13 s 2]
    Subd. 5.[Repealed, 1980 c 564 art 13 s 2]
    Subd. 6. Resource recovery system. "Resource recovery system" means any system used for
(a) the recovery of materials or energy from solid waste, or for (b) the collection, transportation,
separation, sorting, processing or storage of solid materials which aids in the recovery of materials
or energy from solid waste.
    Subd. 7. Solid waste generation. "Solid waste generation" means that a solid material in its
final configuration has fulfilled the purpose for which it was created, cannot be reused in its final
configuration, and must be disposed of or recycled into a new or different product.
History: 1973 c 123 art 5 s 7; 1973 c 748 s 2

116F.03 [Repealed, 1980 c 564 art 13 s 2]

116F.04 [Repealed, 1980 c 564 art 13 s 2]

116F.05 POWERS AND DUTIES.
    Subdivision 1. State powers. In administering and enforcing sections 116F.01 to 116F.08,
the agency may:
(a) initiate and conduct public education programs which encourage the conservation of
solid materials, the reduction of solid waste generation, and the reduction of environmental
impact of solid waste;
(b) encourage the development of markets for reusable or recyclable solid materials;
(c) conduct studies of the environmental, resource and economic impact, and of the relative
advisability or preference of use, of various material components which enter the solid waste
stream;
(d) develop recommendations to encourage redesign and the standardization of material
composition and configuration, in order to facilitate material reuse or recyclability;
(e) assist in the planning and development of resource recovery systems; and
(f) encourage the extension of the useful lives of products, and the reduction of both solid
waste generation and solid waste management costs.
    Subd. 2.[Repealed, 1980 c 564 art 13 s 2]
    Subd. 3. Limitation. In exercising its powers under this section, the agency shall seek
those alternatives which maximize the conservation of energy and materials while minimizing
the environmental impact and the cost to the people of the state. Consideration shall be given to
economic factors, including but not limited to, effects on the labor force.
History: 1973 c 748 s 5

116F.06 PACKAGES AND CONTAINERS; ASSISTANCE; ORDERS; REPORT.
    Subdivision 1. Advice and assistance. The agency shall advise and assist industry and
business within the state in providing and developing packaging and containers consistent with
environmental policies of the state.
    Subd. 2. Agency review; sale prohibition. The agency shall review new or revised
packages or containers except when such changes involve only color, size, shape or printing. The
agency shall review innovations including, but not limited to, changes in constituent materials
or combinations thereof and changes in closures. When the agency determines that any new or
revised package or container would constitute a solid waste disposal problem or be inconsistent
with state environmental policies, the manufacturer of the product may withdraw it from further
consideration until such time as the manufacturer may resubmit such product to the agency, or,
the agency may, by order made after notice and hearing as provided in chapter 14, and following
an additional period not to exceed 30 days during which the Environmental Quality Board may
review the proposed action, prohibit the sale of the package or container in the state. Any such
prohibition shall continue in effect until revoked by the agency or until the last legislative
day of the next following legislative session, whichever occurs first, unless extended by law.
This subdivision shall not apply to any package or container sold at retail in this state prior to
September 7, 1979.
    Subd. 3. Guidelines. The agency shall adopt and may amend or rescind guidelines
identifying the types of new or revised containers and packaging that are subject to its review
after notice and hearing as provided in section 14.14, subdivision 1. Any person may submit to
the agency a sample of a package or container for agency review. The agency shall review the
sample, and may require the person to furnish such additional samples and information as may be
necessary for it to determine the environmental or solid waste disposal problems that the container
or packaging would cause. Except as may be necessary in connection with any public hearing,
the agency shall keep the samples and information confidential if the person submitting them
certifies that disclosure of said samples and information would affect the competitive position
of the person. If the agency fails to issue an order prohibiting sale of a package or container
within 120 days after the sample was submitted, the agency shall not prohibit it thereafter. The
agency may, however, for good cause, order the 120-day period to be extended for an additional
period not to exceed 30 days.
    Subd. 4. Agency report. The agency's report to the legislature on progress on abatement of
land pollution required by section 116.10, shall be supplemented by annual recommendations
concerning problems relating to solid waste generation and suggested remedies, including but not
limited to the prohibition of the sale or use of any package or container.
    Subd. 5. Provisions not severable. The provisions of this section shall not be severable. If
any provision of this section is found to be void for any reason, the remaining provisions of the
section shall be void also.
History: 1973 c 748 s 6; 1975 c 271 s 6; 1981 c 356 s 316; 1982 c 424 s 130

116F.07 [Repealed, 1974 c 78 s 2]

116F.08 PENALTIES.
Any person, corporation, partnership, firm, association, political subdivision or body
corporate and politic which violates any provision of sections 116F.01 to 116F.06, or any rule
promulgated thereunder, shall be guilty of a misdemeanor; and each day that a violation occurs or
continues may be deemed a separate offense. In addition, the agency may revoke the grant of
any grantee violating the provisions of sections 116F.01 to 116F.06, or may seek other equitable
or legal relief.
History: 1973 c 748 s 8; 1976 c 2 s 54; 1976 c 239 s 25; 1985 c 248 s 70

116F.21 [Repealed, 1981 c 151 s 2]

116F.22 [Repealed, 1981 c 151 s 2]

116F.30 CONSERVATION OF BIOMASS FUEL, FIREWOOD.
In any instance where trees or portions of trees usable as firewood are removed from property
under the control of a public utility, pipeline company, railroad, state agency or department, or a
political subdivision, that portion of the tree material that is six inches or larger in diameter shall
not be destroyed by open burning or deposited in a landfill without first having been offered for
use to the public, subject to the approval of the landowner or landowners involved. This section
shall not apply to tree material removed in a program of sanitation or disease control, as defined in
Minnesota Statutes, 1979 Supplement, section 18.023.
History: 1980 c 614 s 185