piers109uk/MN-Statutes huggingface dataset:
116.9402 IDENTIFYING CHEMICALS OF HIGH CONCERN.
(a) By July 1, 2010, the department shall, after consultation with the agency, generate a list of chemicals of high concern.
(b) The department must periodically review and revise the list of chemicals of high concern at least every three years. The department may add chemicals to the list if the chemical meets one or more of the criteria in section 116.9401, paragraph (e).
(c) The department shall consider chemicals listed as a suspected carcinogen, reproductive or developmental toxicant, or as being persistent, bioaccumulative, and toxic, or very persistent and very bioaccumulative by a state, federal, or international agency. These agencies may include, but are not limited to, the California Environmental Protection Agency, the Washington Department of Ecology, the United States Department of Health, the United States Environmental Protection Agency, the United Nation's World Health Organization, and European Parliament Annex XIV concerning the Registration, Evaluation, Authorisation, and Restriction of Chemicals.
(d) The department may consider chemicals listed by another state as harmful to human health or the environment for possible inclusion in the list of chemicals of high concern.
115A.66 TERMINATION.
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.
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.
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.
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.
116.9403 IDENTIFYING PRIORITY CHEMICALS.
(a) The department, after consultation with the agency, may designate a chemical of high concern as a priority chemical if the department finds that the chemical:
(1) has been identified as a high-production volume chemical by the United States Environmental Protection Agency; and
(2) meets any of the following criteria:
(i) the chemical has been found through biomonitoring to be present in human blood, including umbilical cord blood, breast milk, urine, or other bodily tissues or fluids;
(ii) the chemical has been found through sampling and analysis to be present in household dust, indoor air, drinking water, or elsewhere in the home environment; or
(iii) the chemical has been found through monitoring to be present in fish, wildlife, or the natural environment.
(b) By February 1, 2011, the department shall publish a list of priority chemicals in the State Register and on the department's Internet website and shall update the published list whenever a new priority chemical is designated.
115A.67 ORGANIZATION OF DISTRICT.
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.
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.
The bylaws shall state:
(1) the manner and time of calling regular meetings of the representatives and the board of directors, not less than once annually;
(2) the title, manner of selection, and term of office of officers of the district;
(3) 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;
(4) the powers and duties of the board of directors consistent with the order and articles of incorporation establishing the district;
(5) the definition of a quorum for meetings of the board of directors, which shall be not less than a majority of the members;
(6) 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
(7) such other provisions for regulating the affairs of the district as the board of directors shall determine to be necessary.
116.9405 APPLICABILITY.
The requirements of sections 116.9401 to 116.9407 do not apply to:
(1) chemicals in used children's products;
(2) priority chemicals used in the manufacturing process, but that are not present in the final product;
(3) priority chemicals used in agricultural production;
(4) motor vehicles as defined in chapter 168 or watercraft as defined in chapter 86B or their component parts, except that the use of priority chemicals in detachable car seats is not exempt;
(5) priority chemicals generated solely as combustion by-products or that are present in combustible fuels;
(6) retailers;
(7) pharmaceutical products or biologics;
(8) a medical device as defined in the federal Food, Drug, and Cosmetic Act, United States Code, title 21, section 321(h);
(9) food and food or beverage packaging, except a container containing baby food or infant formula;
(10) consumer electronics products and electronic components, including but not limited to personal computers; audio and video equipment; calculators; digital displays; wireless phones; cameras; game consoles; printers; and handheld electronic and electrical devices used to access interactive software or their associated peripherals; or products that comply with the provisions of directive 2002/95/EC of the European Union, adopted by the European Parliament and Council of the European Union now or hereafter in effect; or
(11) outdoor sport equipment, including snowmobiles as defined in section 84.81, subdivision 3; all-terrain vehicles as defined in section 84.92, subdivision 8; personal watercraft as defined in section 86B.005, subdivision 14a; watercraft as defined in section 86B.005, subdivision 18; and off-highway motorcycles, as defined in section 84.787, subdivision 7, and all attachments and repair parts for all of this equipment.
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.
116.9406 DONATIONS TO THE STATE.
The commissioner may accept donations, grants, and other funds to carry out the purposes of sections 116.9401 to 116.9407. All donations, grants, and other funds must be accepted without preconditions regarding the outcomes of the regulatory oversight processes set forth in sections 116.9401 to 116.9407.
116.9407 PARTICIPATING IN INTERSTATE CHEMICALS CLEARINGHOUSE.
The state may cooperate with other states in an interstate chemicals clearinghouse regarding chemicals in consumer products, including the classification of priority chemicals in commerce; organizing and managing available data on chemicals, including information on uses, hazards, risks, and environmental and health concerns; and producing and evaluating information on safer alternatives to specific uses of priority chemicals.
115A.71 BONDING POWERS.
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.
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.
(a) A district may borrow money and incur indebtedness by issuing bonds and obligations which are payable solely:
(1) from revenues, income, receipts, and profits derived by the district from its operation and management of solid waste facilities;
(2) 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;
(3) from federal or state grants, gifts, or other moneys received by the district which are available therefor.
(b) 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.
115A.70 DESIGNATING RESOURCE RECOVERY FACILITIES.
[Repealed, 1984 c 644 s 82]
[Repealed, 1984 c 644 s 82]
[Repealed, 1984 c 644 s 82]
[Repealed, 1984 c 644 s 82]
[Repealed, 1984 c 644 s 82]
[Repealed, 1984 c 644 s 82]
[Repealed, 1984 c 644 s 82]
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.
116.95 CITATION.
Sections 116.96 to 116.99 may be cited as the "Small Business Air-Quality Compliance Assistance Act."
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.
116.96 DEFINITIONS.
The definitions in this section apply to sections 116.96 to 116.99.
"Agency" means the Pollution Control Agency.
"Clean Air Act" means the federal Clean Air Act, United States Code, title 42, section 7401 et seq., as amended.
"Commissioner" means the commissioner of the Pollution Control Agency.
"Regulated pollutant" means:
(1) a volatile organic compound that participates in atmospheric photochemical reactions;
(2) a pollutant for which a national ambient air quality standard has been promulgated;
(3) a pollutant that is addressed by a standard promulgated under section 7411 or 7412 of the Clean Air Act; or
(4) any pollutant that is regulated under this chapter or air quality rules adopted under this chapter.
"Small business stationary source" means a business that:
(1) is owned or operated by a person that employs 100 or fewer individuals;
(2) is a small business concern as defined in the Small Business Act, United States Code, title 15, section 632(a);
(3) is not a major stationary source as defined in section 7661 of the Clean Air Act;
(4) does not emit 50 tons or more per year of any regulated pollutant; and
(5) emits less than 75 tons per year of all regulated pollutants.
116.97 SMALL BUSINESS AIR-QUALITY COMPLIANCE ASSISTANCE PROGRAM.
The commissioner shall establish a small business air-quality compliance assistance program that incorporates the small business stationary source technical and environmental compliance assistance program required by section 7661f of the Clean Air Act.
The commissioner shall ensure that the program provides at least the following:
(1) direct, timely, one-on-one information and technical assistance to small businesses that are stationary sources on matters including, but not limited to, their legal rights and obligations under federal and state air quality laws and regulations, applicable requirements and alternatives for achieving compliance, permit procedures, preparation of permit applications, sources of technical expertise, consequences of operating in violation, enforcement, fines, penalties, and appeals;
(2) a clearinghouse to provide information and referral to appropriate technical experts concerning Clean Air Act regulatory requirements, compliance methods, and control technologies;
(3) information and assistance on methods of pollution prevention and the prevention and detection of accidental releases;
(4) audits of the operations of small business stationary sources to determine compliance with federal and state air quality laws and regulations, or establishment of a procedure for referring sources to qualified auditors. Audits may include, but need not be limited to, an evaluation of work practices, compliance monitoring procedures, record-keeping requirements, and technical assistance on pollution prevention opportunities and control options;
(5) to the extent permitted by federal and state air quality laws and regulations, procedures for responding to requests from small business stationary sources for modification of work practices or methods compliance because of the financial or technological capability of the source; and
(6) coordination of efforts with trade associations, small business assistance providers, and federal, state, and local governmental agencies that provide information and technical assistance to small businesses, in order to maximize the information and assistance available to small businesses and to prevent duplication of effort and services.
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.
115A.904 LAND DISPOSAL PROHIBITED.
The disposal of waste tires in the land is prohibited after July 1, 1985, except for beneficial uses of tire-derived products designated by the commissioner. This does not prohibit the storage of unprocessed waste tires at a collection or processing facility.
115A.923 GREATER MINNESOTA; LANDFILL CLEANUP 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.
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.
[Repealed, 1990 c 604 art 10 s 32]
[Repealed, 1990 c 604 art 10 s 32]
[Repealed, 1990 c 604 art 10 s 32]
[Repealed, 1990 c 604 art 10 s 32]
[Repealed, 1994 c 416 art 4 s 5]
115A.918 DEFINITIONS.
The definitions in this section apply to this section and sections 115A.919 to 115A.929.
"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 groundwater and surface water diversion structures.
For mixed municipal solid waste, the measure of "equivalent" or "equivalent cubic yards of waste" is 3.33 cubic yards per ton of waste.
"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.
"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.
"Response" has the meaning given it in section 115B.02, subdivision 18.
115A.914 ADMINISTRATION; COUNTY PLANNING AND ORDINANCES.
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.
The agency shall adopt rules for administration of waste tire collector and processor permits and waste tire collection.
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.
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.
115A.912 WASTE TIRES; MANAGEMENT.
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.
[Repealed, 1Sp2001 c 2 s 162]
[Repealed, 1Sp2001 c 2 s 162]
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.
115A.908 MOTOR VEHICLE TRANSFER FEE.
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.
Revenue collected under this section shall be credited to the environmental fund.
[Repealed, 1997 c 216 s 160]
115A.9152 TRANSPORTING 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.
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 a subsurface 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.
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.
115A.921 CITY OR TOWN; FEE AUTHORITY.
(a) 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.
(b) 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.
(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.
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.
116.99 SMALL BUSINESS AIR-QUALITY COMPLIANCE ADVISORY COUNCIL.
A Small Business Air-Quality Compliance Assistance Advisory Council is established within the agency.
The council has the following duties:
(1) rendering advisory opinions on the effectiveness of the program, difficulties encountered, and degree and severity of enforcement;
(2) preparing periodic reports on matters relating to the program as requested by appropriate federal and state agencies;
(3) reviewing information for sources to ensure the information is complete, comprehensive, and understandable to the lay person; and
(4) other duties it finds appropriate to comply with applicable federal or state air quality laws and regulations.
The council consists of the following members:
(1) two members appointed by the governor who represent the general public and are not owners or representatives of owners who are small business stationary sources;
(2) the commissioner or the commissioner's designee, who shall represent the agency;
(3) four members appointed by the legislature who are owners or representatives of owners of small business stationary sources; and
(4) the commissioner of employment and economic development or the commissioner's designee.
The majority and minority leaders of the house of representatives and the senate shall each appoint one of the members listed in clause (3).
The membership terms, compensation, and removal of council members are governed by section 15.0575, except that subdivision 5 does not apply.
The council shall select its chair by a majority vote.
The council may set its own agenda and work program, consistent with the requirements of the Clean Air Act, after consultation with the commissioner and the small business ombudsman established by this chapter.
The commissioner shall allocate and administer the funds reasonably necessary to cover the operational costs of the council.
The commissioner shall provide staff services reasonably required by the council.
115A.893 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.
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.
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.
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.
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.
116.994 SMALL BUSINESS ENVIRONMENTAL-IMPROVEMENT LOAN ACCOUNTING.
Repayments of loans made under section 116.993 must be credited to the environmental fund. Money deposited in the fund under section 116.993 is appropriated to the commissioner for loans under section 116.993.
115A.80 DESIGNATING SOLID WASTE MANAGEMENT FACILITIES; LEGISLATIVE FINDING.
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.
115A.81 DEFINITIONS.
The terms used in sections 115A.80 to 115A.893 have the meanings given them in this section.
"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.
[Repealed, 1995 c 247 art 2 s 55]
115A.85 PROCEDURE.
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.
(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.
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.
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.
115A.83 WASTES SUBJECT TO DESIGNATION; EXEMPTIONS.
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.
(a) 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.
(b) For the purposes of this section, "manufacturing processes" does not include the treatment of waste after collection for the purpose of composting.
115A.89 SUPERVISING 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.
115A.90 DEFINITIONS.
The definitions in this section apply to sections 115A.90 to 115A.914.
MS 1990 [Renumbered subd 3]
"Collection site" means a permitted site, or a site exempted from permit, used for the storage of waste tires.
MS 1990 [Renumbered subd 2]
MS 1994 [Repealed, 1995 c 247 art 2 s 55]
[Repealed, 1988 c 685 s 44]
"Person" has the meaning given in section 116.06, subdivision 17.
"Processing" means producing or manufacturing usable materials, including fuel, from waste tires including necessary incidental temporary storage activity.
"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.
"Tire" means a pneumatic tire or solid tire for motor vehicles as defined in section 169.011.
"Tire collector" means a person who owns or operates a site used for the storage, collection, or deposit of more than 50 waste tires.
"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.
"Tire processor" means a person engaged in the processing of waste tires.
"Waste tire" means a tire that is no longer suitable for its original intended purpose because of wear, damage, or defect.
116.993 SMALL BUSINESS ENVIRONMENTAL-IMPROVEMENT LOAN PROGRAM.
A small business environmental-improvement revolving loan program is established to provide loans to small businesses for the purpose of capital equipment purchases that will meet or exceed environmental rules and regulations or for investigation and cleanup of contaminated sites. The small business environmental-improvement revolving loan program replaces the small business environmental loan program in Minnesota Statutes 1996, section 116.991, and the hazardous waste generator loan program in Minnesota Statutes 1996, section 115B.223.
To be eligible for a loan under this section, a borrower must:
(1) be a small business corporation, sole proprietorship, partnership, or association;
(2) be a potential emitter of pollutants to the air, ground, or water;
(3) need capital for equipment purchases that will meet or exceed environmental regulations or need capital for site investigation and cleanup;
(4) have less than 100 full-time equivalent employees; and
(5) have an after tax profit of less than $500,000.
The commissioner of the Pollution Control Agency may give priority to applicants that include, but are not limited to, those subject to Clean Air Act standards adopted under United States Code, title 42, section 7412, those undergoing site investigation and remediation, those involved with facility wide environmental compliance and pollution prevention projects, and those determined by the commissioner to be small business outreach priorities. The commissioner shall decide whether to award a loan to an eligible borrower based on:
(1) the applicant's financial need;
(2) the applicant's ability to secure and repay the loan; and
(3) the expected environmental benefit.
The commissioner shall appoint a screening committee to evaluate applications and determine loan awards. The committee shall have diverse expertise in air quality, water quality, solid and hazardous waste management, site response and cleanup, pollution prevention, and financial analysis.
Numbers of applications accepted, evaluated, and awarded are based upon the available money in the small business environmental-improvement loan account.
A loan made under this section must include:
(1) an interest rate that is at or below one-half the prime rate, not to exceed five percent;
(2) a term of payment of not more than seven years; and
(3) an amount not less than $1,000 or exceeding $75,000.
115A.87 JUDICIAL REVIEW; ATTORNEY GENERAL TO PROVIDE COUNSEL.
(a) 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.
(b) 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.
115A.902 PERMIT; TIRE COLLECTORS AND PROCESSORS.
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.
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.
The issuance of an agency permit does not replace a permit or license required under section 400.16 or 473.811.
The revenue from permit fees shall be credited to the general fund.
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.
115A.9155 DISPOSING OF CERTAIN DRY CELL BATTERIES.
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.
(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.