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    Subdivision 1. If for 1,000 tons a day. A resource recovery facility that reclaims, burns, uses,
processes, or disposes of more than 1,000 tons average daily throughput of mixed municipal solid
waste may not be constructed within the boundaries of a city of the first class having a population
in excess of 300,000 unless the city council approves the construction by a four-fifths vote.
    Subd. 2. One or two sites but not west riverbank. Provided all environmental laws or
regulations administered by the Minnesota Pollution Control Agency or federal agencies are
followed, and notwithstanding any ordinance or municipal land use plan to the contrary, Hennepin
County may acquire land and construct one or two resource recovery facilities, each not to exceed
1,000 tons average daily throughput within the county; provided however, a resource recovery
facility shall not be built at the "west riverbank" site in the city of Minneapolis as identified in the
final 1983 report of the city-county resource recovery siting committee. In choosing the two sites,
Hennepin County shall fully consult in good faith with any affected municipality. In selecting
sites, the county board shall evaluate reasonable alternatives for the resource recovery facilities,
including any outside the city of Minneapolis.
    Subd. 3. Existing facility may use its capacity. Notwithstanding subdivisions 1 and 2, an
existing resource recovery facility may reclaim, burn, use, process, or dispose of mixed municipal
solid waste to the full extent of its maximum yearly capacity as of January 1, 2000. The facility
must continue to comply with all federal and state environmental laws and regulations and must
obtain a conditional use permit from the municipality where the facility is located.
History: 1984 c 654 art 2 s 29; 2000 c 488 art 3 s 30