1997 Minnesota Statutes

     473.823 Rules and permits. 

    Subdivision 1. Repealed, 1980 c 564 art 13 s 2 

    Subd. 2. Repealed, 1980 c 564 art 13 s 2 

    Subd. 3.    Solid waste facilities; review procedures.  
 (a) The agency shall request applicants for solid waste facility 
 permits to submit all information deemed relevant by the 
 director for review, including without limitation information 
 relating to the geographic areas and population served, the 
 need, the effect on existing facilities and services, the 
 effectiveness of proposed buffer areas to ensure, at a minimum, 
 protection of surrounding land uses from adverse or incompatible 
 impacts due to landfill operation and related activities, the 
 anticipated public cost and benefit, the anticipated rates and 
 charges, the manner of financing, the effect on metropolitan 
 plans and development programs, the supply of waste, anticipated 
 markets for any product, and alternative means of disposal or 
 energy production.  

    (b) A permit may not be issued for the operation of a solid 
 waste facility in the metropolitan area which is not in 
 accordance with the metropolitan policy plan.  The director 
 shall determine whether a permit is in accordance with the 
 policy plan.  In making this determination, the director shall 
 consider the areawide need and benefit of the applicant facility 
 and the effectiveness of proposed buffer areas to adequately 
 protect surrounding land uses in accordance with the policy 
 plan, and may consider, without limitation, the effect of the 
 applicant facility on existing and planned solid waste 
 facilities.  

    (c) If the director determines that a permit is in 
 accordance with the policy plan, the director shall approve the 
 permit.  If the director determines that a permit is not in 
 accordance with the policy plan, the director shall disapprove 
 the permit.  Approval of permits may be subject to conditions 
 the director determines are necessary to satisfy criteria and 
 standards in the policy plan, including conditions respecting 
 the type, character, and quantities of waste to be processed at 
 a solid waste facility used primarily for resource recovery and 
 the geographic territory from which a resource recovery facility 
 or transfer station serving such a facility may draw its waste.  

    (d) For the purpose of this review and approval, the agency 
 shall send a copy of each permit application and any supporting 
 information furnished by the applicant to the director within 15 
 days after receipt of the application and all other information 
 requested from the applicant.  Within 60 days after the 
 application and supporting information are received by the 
 director, unless a time extension is authorized by the agency, 
 the director shall issue to the agency in writing a 
 determination whether the permit is disapproved, approved, or 
 approved with conditions.  If the director does not issue a 
 determination to the agency within the 60-day period, unless a 
 time extension is authorized by the agency, the permit shall be 
 deemed to be in accordance with the policy plan.  

    (e) A permit may not be issued in the metropolitan area for 
 a solid waste facility used primarily for resource recovery or a 
 transfer station serving the facility, if the facility or 
 station is owned or operated by a public agency or if the 
 acquisition or betterment of the facility or station is secured 
 by public funds or obligations issued by a public agency, unless 
 the director finds and determines that adequate markets exist 
 for the products recovered and that establishment of the 
 facility is consistent with the criteria and standards in the 
 metropolitan and county plans respecting the protection of 
 existing resource recovery facilities and transfer stations 
 serving such facilities. 

    Subd. 4. Repealed, 1980 c 564 art 13 s 2 

    Subd. 5.    Review of waste processing facilities.  (a) 
 A metropolitan county may establish a waste processing facility 
 within the county without complying with local ordinances, if 
 the action is approved by the director in accordance with the 
 review process established by this subdivision.  A county 
 requesting review shall show that: 

    (1) the required permits for the proposed facility have 
 been or will be issued by the agency; 

    (2) the facility is consistent with the metropolitan policy 
 plan and the approved county master plan; and 

    (3) a local government unit has refused to approve the 
 establishment or operation of the facility, has failed to deny 
 or approve establishment or operation of the facility within the 
 time period required in section 115A.31, or has approved the 
 application or request with conditions that are unreasonable or 
 impossible for the county to meet. 

    (b) The director shall commence the review within 90 days 
 of the submission of a request determined by the director to 
 satisfy the requirements for review under this subdivision.  
 Upon commencing the review the director shall establish a scope 
 and procedure, including criteria, for the review and final 
 decision on the proposed facility.  The procedure shall require 
 the director to make a final decision on the proposed facility 
 within 120 days following the commencement of review.  For 
 facilities other than waste incineration and mixed municipal 
 solid waste composting facilities, the director shall commence 
 the review within 45 days of submission of the request and shall 
 make a final decision within 75 days following commencement of 
 review. 

    (c) The director shall conduct at least one public hearing 
 in the city or town within which the proposed facility would be 
 located.  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 hearing.  The notice shall describe the proposed facility, 
 its location, the proposed permits, and the scope, procedure, 
 and criteria for review.  The notice shall identify a location 
 or locations within the local government unit and county where 
 the permit applications and the scope, procedure, and criteria 
 for review are available for review and where copies may be 
 obtained. 

    (d) In the review and final decision on the proposed 
 facility, the director shall consider at least the following 
 matters:  

    (1) the risk and effect of the proposed facility on local 
 residents, units of government, and the local public health, 
 safety, and welfare, and the degree to which the risk or effect 
 may be alleviated; 

    (2) 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; 

    (3) the adverse effects of the facility on agriculture and 
 natural resources and opportunities to mitigate or eliminate 
 such adverse effects by additional stipulations, conditions, and 
 requirements respecting the design and operation of the proposed 
 facility at the proposed site; 

    (4) the need for the proposed facility and the availability 
 of alternative sites; 

    (5) the consistency of the proposed facility with the 
 county master plan adopted pursuant to section 473.803 and the 
 policy plan adopted pursuant to section 473.149; and 

    (6) transportation facilities and distance to points of 
 waste generation.  

    (e) The director may either approve or disapprove the 
 proposed facility at the proposed site.  The approval shall 
 embody all terms, conditions, and requirements of the permitting 
 state agencies, provided that the director may 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.  

    Subd. 6.    Certification of need.  No new mixed 
 municipal solid waste disposal facility or capacity shall be 
 permitted in the metropolitan area without a certificate of need 
 issued by the director indicating a determination that the 
 additional disposal capacity planned for the facility is needed 
 in the metropolitan area.  The director shall amend the policy 
 plan, adopted pursuant to section 473.149, to include standards 
 and procedures for certifying need that conform to the 
 certification standards stated in this subdivision.  The 
 standards and procedures shall be based on the metropolitan 
 disposal abatement plan adopted pursuant to section 473.149, 
 subdivision 2d, the solid waste disposal facilities development 
 schedule adopted under section 473.149, subdivision 2e, and the 
 provisions of any master plans of counties that have been 
 approved under section 473.803, subdivision 2, and that are 
 consistent with the abatement plan and development schedule.  
 The director shall certify need only to the extent that there 
 are no feasible and prudent alternatives to the disposal 
 facility, including waste reduction, source separation and 
 resource recovery which would minimize adverse impact upon 
 natural resources.  Alternatives that are speculative or 
 conjectural shall not be deemed to be feasible and prudent.  
 Economic considerations alone shall not justify the 
 certification of need or the rejection of alternatives.  

    HIST: 1975 c 13 s 144; 1976 c 179 s 17; 1976 c 239 s 117; 1980 
 c 564 art 10 s 11-13; 1982 c 569 s 31; 1983 c 373 s 61; 1984 c 
 644 s 67; 1985 c 274 s 28; 1986 c 444; 1986 c 460 s 55; 1989 c 
 325 s 56; 1991 c 337 s 77,78; 1994 c 628 art 3 s 204; 1995 c 247 
 art 2 s 42-44