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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

Official Publication of the State of Minnesota
Revisor of Statutes