reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.195 — Ownership; Agreements To Manage Facility.

115A.195 OWNERSHIP; AGREEMENTS TO MANAGE FACILITY.
The stabilization and containment facility developed under sections 115A.18 to 115A.30 may be wholly owned by the state or jointly owned by the state and a developer selected by the agency under section 115A.192. The commissioner may negotiate and the agency may enter agreements with a selected developer providing terms and conditions for the development and operation of the facility. If the agreements provide for capital improvements or equipment, or for payment of state money, the agreements may be implemented only if funds are appropriated and available to the agency for those purposes.
History:
1988 c 683 s 1; 1989 c 209 art 1 s 9; 1989 c 339 art 1 s 269; 1Sp2005 c 1 art 2 s 161
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.20 — Evaluating Sites.

115A.20 EVALUATING SITES.
(a) The agency shall not be required to promulgate rules pursuant to chapter 14 to govern its evaluation and selection of sites for commercial stabilization and containment facilities under sections 115A.18 to 115A.30, nor shall the agency be required to promulgate rules pursuant to chapter 14 on criteria and standards to govern its certification of intrinsic suitability of sites for commercial stabilization and containment facilities under sections 115A.18 to 115A.30. In evaluating and selecting sites for stabilization and containment facilities, the agency shall consider at least the following factors:
(1) economic feasibility, including proximity to concentrations of generators of the types of hazardous wastes likely to be proposed and permitted for stabilization and containment;
(2) intrinsic suitability of the sites;
(3) federal and state pollution control and environmental protection rules;
(4) the risk and effect for local residents, units of government, and the local public health, safety, and welfare, including such dangers as an accidental release of wastes during transportation to a facility or at a facility, water, air, and land pollution, and fire or explosion;
(5) the consistency of a 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;
(6) the adverse effects of a facility at the site on agriculture and natural resources and opportunities to mitigate or eliminate such adverse effects by stipulations, conditions, and requirements respecting the design and operation of a disposal facility at the proposed site.
(b) No land shall be excluded from consideration except land determined by the agency to be intrinsically unsuitable for the use intended.
(c) Nothing in this section shall be construed as granting the agency an exemption from the rulemaking requirements of chapter 14 if the agency adopts statements of general applicability and future effect, including amendments, suspensions, and repeals of rules, adopted to implement or make specific the law enforced or administered by the agency or to govern the organization and procedure.
History:
1980 c 564 art 3 s 3; 1981 c 352 s 13; 1982 c 424 s 130; 1986 c 425 s 47; 1989 c 335 art 1 s 269; 1997 c 187 art 1 s 10; 1Sp2005 c 1 art 2 s 161
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.28 — Final Decision.

115A.28 FINAL DECISION.
Subdivision 1.
[Repealed, 1996 c 310 s 1]
Subd. 2.
Decision paramount.
The agency's decision shall be final and shall supersede and preempt requirements of state agencies and political subdivisions and the requirements of sections 473H.02 to 473H.17; except that a facility established pursuant to the decision shall be subject to terms, conditions, and requirements in permits of state or federal permitting agencies, the terms of lease determined by the agency under section 115A.06, subdivision 4, and any requirements imposed pursuant to subdivision 3. Except as otherwise provided in this section, no charter provision, ordinance, rule, permit, or other requirement of any state agency or political subdivision shall prevent or restrict the establishment, operation, expansion, continuance, or closure of a facility in accordance with the final decision and leases of the agency and permits issued by state or federal permitting agencies.
Subd. 3.
Local requirements.
A political subdivision may impose reasonable requirements respecting the construction, inspection, operation, monitoring, and maintenance of a facility. Any such requirements shall be subject to review by the agency to determine their reasonableness and consistency with the establishment and use of a facility in accordance with the final decision and lease of the agency and to determine their reasonableness and consistency with permits of state and federal permitting agencies. The agency may approve, disapprove, suspend, modify, or reverse any such requirements. The decision of the agency shall be final.
History:
1980 c 564 art 3 s 11; 1981 c 352 s 22; 1983 c 373 s 33-35; 1984 c 644 s 29; 1985 c 248 s 70; 1986 c 425 s 47; 1986 c 444; 1989 c 335 art 1 s 269; 1Sp2005 c 1 art 2 s 161; 2007 c 13 art 3 s 9
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.30 — Judicial Review.

115A.30 JUDICIAL REVIEW.
Any civil action maintained by or against the Pollution Control Agency under sections 115A.18 to 115A.30 shall be brought in the county where the Pollution Control Agency is located and shall take precedence over all other matters of a civil nature and be expedited to the maximum extent possible. Any person aggrieved by a decision of the Pollution Control Agency or an agency under sections 115A.18 to 115A.30 may appeal therefrom within 30 days following all final decisions on the issuance of permits. Any appeal shall be conducted as a review of the administrative record as provided in sections 14.63 to 14.69. No civil action shall be maintained pursuant to section 116B.03 with respect to conduct taken by a person pursuant to any environmental quality standard, limitation, rule, order, license, stipulation agreement or permit issued by the Pollution Control Agency under sections 115A.18 to 115A.30. Notwithstanding any provision of chapter 116B to the contrary, in any action brought under that chapter with respect to any decision or conduct undertaken by any person or the Pollution Control Agency pursuant to sections 115A.18 to 115A.30 after the period for appeal under this section has lapsed, the plaintiff shall have the burden of proving that the evidence required under section 116B.10 was not reasonably available within the time provided for appeal. The trial court shall, upon motion of any prevailing nongovernmental party, award costs, disbursements, reasonable attorney's fees, and reasonable expert witness fees, if the court finds the action hereunder was commenced or defended in bad faith or was frivolous.
History:
1980 c 564 art 3 s 13; 1982 c 424 s 130; 1983 c 373 s 37; 1985 c 248 s 70; 1987 c 384 art 2 s 1; 1989 c 335 art 1 s 269; 1Sp2005 c 1 art 2 s 161
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.31 — Local Government Decisions; Timelines.

115A.31 LOCAL GOVERNMENT DECISIONS; TIMELINES.
(a) If a county applies for or requests approval of establishment of a solid waste facility within the boundaries of a local government unit, the local government unit shall approve or disapprove the application or request within 120 days following the delivery by the county to the local government unit of the application or request completed in accordance with the requirements of applicable local ordinances.
(b) If the proposed facility is one for which an environmental impact statement or environmental assessment worksheet is required under section 116D.04, the local government unit shall approve or disapprove the application or request within 90 days after the final determination of adequacy of the environmental impact statement or environmental assessment worksheet.
History:
1991 c 337 s 13
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.32 — Rules.

115A.32 RULES.
The board shall promulgate rules pursuant to chapter 14 to govern its activities under sections 115A.32 to 115A.39. For the purposes of sections 115A.32 to 115A.39, "board" means the Environmental Quality Board established in section 116C.03. In all of its activities and deliberations under sections 115A.32 to 115A.39, the board shall consult with the commissioner of the Pollution Control Agency.
History:
1980 c 564 art 4 s 1; 1982 c 424 s 130; 1989 c 335 art 1 s 269; 1992 c 593 art 1 s 11; 1995 c 247 art 2 s 9; 1Sp2005 c 1 art 2 s 161
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.33 — Eligibility; Request For Review.

115A.33
MS 1992 [Repealed, 1994 c 628 art 3 s 209]
115A.33 ELIGIBILITY; REQUEST FOR REVIEW.
(a) The following persons are eligible to request supplementary review by the board pursuant to sections 115A.32 to 115A.39:
(1) a generator of sewage sludge within the state who has been issued permits by the agency for a facility to dispose of sewage sludge or solid waste resulting from sewage treatment;
(2) a political subdivision that has been issued permits by the agency, or a political subdivision acting on behalf of a person who has been issued permits by the agency, for a solid waste facility that is no larger than 250 acres, not including any proposed buffer area, and located outside the metropolitan area;
(3) a generator of hazardous waste within the state who has been issued permits by the agency for a hazardous waste facility to be owned and operated by the generator, on property owned by the generator, and to be used by the generator for managing the hazardous wastes produced by the generator only;
(4) a person who has been issued permits by the agency for a commercial hazardous waste processing facility at a site included in the board's inventory of preferred sites for such facilities adopted pursuant to Minnesota Statutes 1996, section 115A.09; and
(5) a person who has been issued permits by the agency for a disposal facility for the nonhazardous sludge, ash, or other solid waste generated by a permitted hazardous waste processing facility operated by the person.
(b) The board may require completion of a plan conforming to the requirements of section 115A.46, before granting review under paragraph (a), clause (2). A request for supplementary review must show that the required permits for the facility have been issued by the agency and that a political subdivision has refused to approve the establishment or operation of the facility.
History:
1980 c 564 art 4 s 2; 1981 c 352 s 23; 1989 c 335 art 1 s 269; 1992 c 593 art 1 s 54; 1994 c 628 art 3 s 209; 1995 c 247 art 1 s 6,60,64; 1999 c 86 art 1 s 21; 2023 c 25 s 31
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.34 — Appointing Temporary Board Members.

115A.34 APPOINTING TEMPORARY BOARD MEMBERS.
Within 45 days of the submission of a request determined by the board to satisfy the requirements for review under sections 115A.32 to 115A.39, temporary members shall be added to the board for the purpose of the supplementary review. Three members shall be selected by the governing body of the city or town in which the chair of the board determines the facility would be principally located, and three members shall be selected by the governing body of the county in which the chair of the board determines the proposed facility would be principally located. If the proposed facility is located in unorganized territory, all six members shall be selected by the governing board of the county. Temporary members shall be residents of the county in which the proposed facility would be located and shall be selected to represent broadly the local interests that would be directly affected by the proposed facility. At least one member appointed by the city or town shall live within one mile of the proposed facility, and at least one member appointed by the county shall be a resident of a city or town in which the proposed facility would be located. If the appointing authority fails to appoint temporary members in the period allowed, the governor shall appoint the temporary members to represent the local interests in accordance with this section. Temporary members shall serve for terms lasting until the board has taken final action on the facility.
History:
1980 c 564 art 4 s 3; 1981 c 352 s 24; 1986 c 444; 1989 c 335 art 1 s 269; 1992 c 593 art 1 s 54
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.35 — Review Procedure.

115A.35 REVIEW PROCEDURE.
(a) The board shall meet to commence the supplementary review within 90 days of the submission of a request determined by the board to satisfy the requirements for review under this section. At the meeting commencing the review, the chair shall recommend and the board establish a scope and procedure, in accordance with the rules of the board, for review and final decision on the proposed facility.
(b) The procedure shall require the board to make a final decision on the proposed facility within 90 days following the commencement of review. The procedure shall require the board to hold, at the call of the chair, at least one public hearing in the county within which the proposed facility would be located.
(c) A majority of permanent members of the board shall be present at the hearing. The hearing shall be conducted for the board by the state Office of Administrative Hearings in a manner determined by the administrative law judge to be consistent with the expeditious completion of the proceedings as required by sections 115A.32 to 115A.39. The hearing shall not be deemed a contested case under chapter 14.
(d) 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 meeting. The notice shall describe the proposed facility, its location, the permits, and the board's scope and procedure for review. The notice shall identify a location or locations within the city or town and county where the permit applications, the agency permits, and the board's scope and procedure for review are available for review and where copies may be obtained.
History:
1980 c 564 art 4 s 4; 1980 c 615 s 60; 1982 c 424 s 130; 1984 c 640 s 32; 1986 c 444; 1989 c 335 art 1 s 269; 1992 c 593 art 1 s 54
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.36 — Scope And Content Of Review.

115A.36 SCOPE AND CONTENT OF REVIEW.
In its review and final decision on the proposed facility, the board 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, including such dangers as an accidental release of wastes during transportation to the facility, water, air, and land pollution, and fire or explosion where appropriate, 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 the adverse effects by additional stipulations, conditions, and requirements respecting the proposed facility at the proposed site;
(4) the need for the proposed facility, especially its contribution to abating solid and hazardous waste disposal, the availability of alternative sites, and opportunities to mitigate or eliminate need by additional and alternative waste management strategies or actions of a significantly different nature;
(5) whether, in the case of solid waste resource recovery facilities, the applicant has considered the feasible and prudent waste processing alternatives for accomplishing the purposes of the proposed project and has compared and evaluated the costs of the alternatives, including capital and operating costs, and the effects of the alternatives on the cost to generators.
History:
1980 c 564 art 4 s 5; 1989 c 335 art 1 s 269; 1992 c 593 art 1 s 54
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.37 — Final Decision Of Board.

115A.37 FINAL DECISION OF BOARD.
Subdivision 1.
Approval or disapproval.
In its final decision on the proposed facility, the board may either approve or disapprove the proposed facility at the proposed site. The board's approval shall embody all terms, conditions, and requirements of the permitting agencies, provided that the board may: (a) finally resolve any conflicts between state agencies regarding permit terms, conditions, and requirements, and (b) 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. The board's resolution of conflicts under clause (a) shall be in favor of the more stringent terms, conditions, and requirements.
Subd. 2.
Decision paramount.
The decision of the board to approve a facility shall be final and shall supersede and preempt requirements of state agencies and political subdivisions and the requirements of sections 473H.02 to 473H.17; except that the facility shall be subject to those terms, conditions, and requirements of permitting agencies embodied in the board's approval and any requirements imposed pursuant to subdivision 3. The permitting agencies shall issue or amend the permits for the facility within 60 days following and in accordance with the final decision of the board, and all permits shall conform to the terms, conditions, and requirements of the board's decision. No charter provision, ordinance, rule, permit, or other requirement of any state agency or political subdivision shall prevent or restrict the establishment, operation, expansion, continuance, or closure of the facility in accordance with the final decision of the board and permits issued pursuant thereto.
Subd. 3.
Local requirements.
A political subdivision may impose reasonable requirements respecting the construction, inspection, operation, monitoring, and maintenance of a facility. Any such requirements shall be subject to review by the agency to determine their reasonableness and consistency with the establishment and use of a facility in accordance with the final decision of the board and permits issued pursuant thereto. The agency may approve, disapprove, suspend, modify, or reverse any such requirements. The decision of the agency shall be final.
History:
1980 c 564 art 4 s 6; 1981 c 352 s 25; 1985 c 248 s 70; 1989 c 335 art 1 s 269; 1992 c 593 art 1 s 54
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.39 — Judicial Review.

115A.39 JUDICIAL REVIEW.
Judicial review with respect to conduct or decisions in supplementary reviews brought pursuant to section 115A.33, paragraph (a), clause (3) or (4), is as provided in section 115A.30.
History:
1980 c 564 art 4 s 8; 2023 c 25 s 33
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.415 — Substandard Disposal Facilities.

115A.415 SUBSTANDARD DISPOSAL FACILITIES.
(a) Beginning July 1, 1995:
(1) a person may not deliver unprocessed mixed municipal solid waste to a substandard disposal facility; and
(2) an operator of a substandard disposal facility may not accept unprocessed mixed municipal solid waste for deposit in the disposal facility.
(b) For the purpose of this section, "substandard disposal facility" means a disposal facility that does not meet the design, construction, and operation requirements for a new mixed municipal solid waste facility contained in state rules in effect as of January 1, 1993.
(c) For the purpose of this section, waste is "unprocessed" if it has not, after collection and before disposal, undergone at least one process, as defined in section 115A.03, subdivision 25, excluding storage, exchange, and transfer of the waste.
History:
1993 c 249 s 10
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.42 — Regional And Local Solid Waste Management Planning.

115A.42 REGIONAL AND LOCAL SOLID WASTE MANAGEMENT PLANNING.
There is established a program to encourage and improve regional and local solid waste management planning activities and efforts and to further the state policies and purposes expressed in section 115A.02. The program under sections 115A.42 to 115A.46 is administered by the commissioner pursuant to rules promulgated under chapter 14, except in the metropolitan area where the program is administered by the commissioner pursuant to section 473.149. The commissioner shall ensure conformance with federal requirements and programs established pursuant to the Resource Conservation and Recovery Act of 1976 and amendments thereto.
History:
1980 c 564 art 5 s 1; 1982 c 424 s 130; 1982 c 569 s 12; 1987 c 348 s 15; 1987 c 404 s 137; 1989 c 335 art 1 s 269; 1995 c 247 art 2 s 10; 1Sp2005 c 1 art 2 s 161
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.45 — Technical Assistance.

115A.45 TECHNICAL ASSISTANCE.
The commissioner shall provide for technical assistance to encourage and improve solid waste management and to assist political subdivisions in preparing the plans described in section 115A.46. The commissioner shall provide model plans for regional and local solid waste management. The commissioner may contract for the delivery of technical assistance by a regional development commission, any state or federal agency, private consultants, or other persons. The commissioner shall prepare and publish an inventory of sources of technical assistance for solid waste planning, including studies, publications, agencies, and persons available.
History:
1980 c 564 art 5 s 4; 1987 c 348 s 16; 1987 c 404 s 139; 1989 c 335 art 1 s 269; 1994 c 639 art 5 s 3; 1995 c 247 art 2 s 11; 1Sp2005 c 1 art 2 s 161
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.471 — Public Entities; Managing Solid Waste.

115A.471 PUBLIC ENTITIES; MANAGING SOLID WASTE.
(a) Prior to entering into or approving a contract for the management of mixed municipal solid waste which would manage the waste using a waste management practice that is ranked lower on the list of preferred waste management practices in section 115A.02, paragraph (b), than the waste management practice selected for such waste in the county plan for the county in which the waste was generated, a public entity must:
(1) determine the potential liability to the public entity and its taxpayers for managing the waste in this manner;
(2) develop and implement a plan for managing the potential liability; and
(3) submit the information from clauses (1) and (2) to the agency.
(b) For the purpose of this subdivision, "public entity" means the state; an office, agency, or institution of the state; the Metropolitan Council; a metropolitan agency; the Metropolitan Mosquito Control District; the legislature; the courts; a county; a statutory or home rule charter city; a town; a school district; another special taxing district; or any other general or special purpose unit of government in the state.
History:
1995 c 247 art 1 s 9
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.48 — Market Development For Recyclable Materials And Compost.

115A.48 MARKET DEVELOPMENT FOR RECYCLABLE MATERIALS AND COMPOST.
Subdivision 1.
Authority.
The commissioner shall assist and encourage the development of specific facilities, services, and uses needed to provide adequate, stable, and reliable markets for recyclable materials, solid waste suitable for land application, and compost generated in the state. In carrying out this duty, the commissioner shall coordinate and cooperate with the solid waste management efforts of other public agencies and political subdivisions.
Subd. 2.
[Repealed, 1996 c 470 s 28]
Subd. 3.
Public procurement.
The commissioner shall provide technical assistance and advice to political subdivisions and other public agencies to encourage solid waste reduction and development of markets for recyclable materials and compost through procurement policies and practices. Political subdivisions, educational institutions, and other public agencies shall aggressively pursue procurement practices that encourage solid waste reduction, recycling, and development of markets for recyclable materials and compost and shall, whenever practical, procure products containing recycled materials.
Subd. 4.
Land application of solid waste.
The commissioner shall provide technical assistance and advice to political subdivisions on separating portions of the waste stream such as leaves, grass, clippings, tree and plant residue, and paper for application and mixing into the soil and for use in agricultural practices.
Subd. 5.
[Repealed, 1996 c 470 s 28]
History:
1987 c 348 s 17; 1988 c 685 s 11; 1989 c 131 s 4-6; 1989 c 335 art 1 s 269; 1Sp1989 c 1 art 18 s 10,11; 1994 c 639 art 5 s 3; 1Sp2005 c 1 art 2 s 161
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.49 — Waste Management Capital Assistance Program.

115A.49 WASTE MANAGEMENT CAPITAL ASSISTANCE PROGRAM.
(a) There is established a program to encourage and assist cities, counties, solid waste management districts, and sanitary districts in the development and implementation of solid waste management projects and to transfer the knowledge and experience gained from such projects to other communities in the state.
(b) The program must be administered to encourage local communities to develop feasible and prudent alternatives to disposal, including:
(1) waste reduction;
(2) reuse;
(3) recycling;
(4) composting source-separated compostable materials or yard waste;
(5) resource recovery;
(6) waste separation by generators, collectors, and other persons; and
(7) waste processing.
(c) The commissioner shall administer the program according to sections 115A.49 to 115A.54 and rules adopted under chapter 14. In administering the program, the commissioner shall give priority to projects in the order of preference of the waste management practices listed in section 115A.02. The commissioner shall give special consideration to areas where natural geologic and soil conditions are especially unsuitable for land disposal of solid waste; areas where the capacity of existing solid waste disposal facilities is determined by the commissioner to be less than five years; and projects serving more than one local government unit.
History:
1980 c 564 art 6 s 1; 1982 c 424 s 130; 1Sp1985 c 15 s 32; 1987 c 348 s 18; 1987 c 404 s 141; 1988 c 524 s 2; 1989 c 335 art 1 s 269; 1991 c 337 s 17; 1Sp2005 c 1 art 2 s 161; 2023 c 60 art 3 s 9
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.50 — Eligible Recipients.

115A.50 ELIGIBLE RECIPIENTS.
Eligible recipients for assistance under the program shall be limited to cities, counties, solid waste management districts established pursuant to sections 115A.62 to 115A.72, and sanitary districts. Eligible recipients may apply for assistance under sections 115A.0716 and 115A.52 on behalf of other persons.
History:
1980 c 564 art 6 s 2; 1988 c 524 s 3; 1996 c 470 s 7
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.52 — Technical Assistance For Projects.

115A.52 TECHNICAL ASSISTANCE FOR PROJECTS.
The commissioner shall ensure the delivery of technical assistance for projects eligible under the program. The commissioner may contract or issue grants for the delivery of technical assistance by any state or federal agency, a regional development commission, the Metropolitan Council, or private consultants and may use program funds to reimburse the agency, commission, council, or consultants. The commissioner shall prepare and publish an inventory of sources of technical assistance, including studies, publications, agencies, and persons available. The commissioner shall ensure statewide benefit from projects assisted under the program by developing exchange and training programs for local officials and employees and by using the experience gained in projects to provide technical assistance and education for other solid waste management projects in the state.
History:
1980 c 564 art 6 s 4; 1Sp1985 c 15 s 33; 1987 c 348 s 20; 1987 c 404 s 143; 1989 c 335 art 1 s 269; 1994 c 639 art 5 s 3; 1999 c 73 s 3; 1Sp2005 c 1 art 2 s 161
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.541 — Plan; Grant Requirement.

115A.541 PLAN; GRANT REQUIREMENT.
The commissioner may approve a plan under section 115A.46 or make a grant for a recycling facility under section 115A.54, subdivision 2a, only if the commissioner finds that the applicant demonstrates a commitment to recycle materials separated by generators to the extent the program is cost-effective in meeting recycling goals.
History:
1988 c 685 s 12; 1989 c 335 art 1 s 269; 1994 c 639 art 5 s 3; 1Sp2005 c 1 art 2 s 161
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.55 — Solid Waste Reduction.

115A.55 SOLID WASTE REDUCTION.
Subdivision 1.
Coordination.
The commissioner shall develop and coordinate solid waste reduction programs to include at least public education, promotion of waste reduction, and technical and financial assistance to solid waste generators.
Subd. 2.
Technical assistance.
The commissioner shall provide technical assistance to solid waste generators to enable the waste generators to implement programs or methods to reduce the amount of solid waste generated. The commissioner may use any means specified in section 115A.52 to provide technical assistance.
Subd. 3.
[Repealed, 1996 c 470 s 28]
Subd. 4.
Statewide reduction goal.
(a) It is a goal of the state and counties to reduce the generation of municipal solid waste.
(b) As part of the report required under section 115A.411, the commissioner shall submit to the senate and house of representatives committees having jurisdiction over environment and natural resources and environment and natural resources finance a proposed strategy for meeting the goal in paragraph (a). The strategy must include a discussion of the different reduction potentials to be found in various sectors and may include recommended interim goals. The commissioner shall report progress on meeting the goal in paragraph (a), as well as recommendations and revisions to the proposed strategy, as part of the report required under section 115A.411.
History:
1Sp1989 c 1 art 20 s 5; 1994 c 639 art 5 s 3; 1995 c 247 art 1 s 10,11; 1996 c 470 s 27; 1Sp2005 c 1 art 2 s 161; 2014 c 312 art 13 s 25
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.5502 — Packaging Practices; Preferences; Goals.

115A.5502 PACKAGING PRACTICES; PREFERENCES; GOALS.
Packaging forms a substantial portion of solid waste and contributes to environmental degradation and the costs of managing solid waste. It is imperative to reduce the amount and toxicity of packaging that must be managed as solid waste. In order to achieve significant reduction of packaging in solid waste and to assist packagers and others to meet the packaging reduction goal in section 115A.5501, the goal of the state is that items be distributed without any packaging where feasible and, only when necessary to protect health and safety or product integrity, with the minimal amount of packaging possible. The following categories of packaging are listed in order of preference for use by all persons who find it necessary to package items for distribution or use in the state:
(1) minimal packaging that contains no intentionally introduced toxic materials and that is designed to be and actually is reused for its original purpose at least five times;
(2) minimal packaging that contains no intentionally introduced toxic materials and consists of a significant percentage of postconsumer material;
(3) minimal packaging that contains no intentionally introduced toxic materials, that is recyclable, and is regularly collected through recycling collection programs available to at least 75 percent of the residents of the state;
(4) minimal packaging that does not comply with clause (1), (2), or (3) because it is required under federal or state law and for which there does not exist a commercially feasible alternative that does comply with clause (1), (2), or (3);
(5) packaging that contains no intentionally introduced toxic materials but does not comply with clauses (1) to (4); and
(6) all other packaging.
History:
1994 c 585 s 11; 1995 c 247 art 1 s 13
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.552 — Opportunity To Recycle.

115A.552 OPPORTUNITY TO RECYCLE.
Subdivision 1.
County requirement.
Counties shall ensure that residents, including residents of single and multifamily dwellings, have an opportunity to recycle. At least one recycling center shall be available in each county. Opportunity to recycle means availability of recycling and curbside pickup or collection centers for recyclable materials at sites that are convenient for persons to use. Counties shall also provide for the recycling of problem materials and major appliances. Counties shall assess the operation of existing and proposed recycling centers and shall give due consideration to those centers in ensuring the opportunity to recycle. To the extent practicable, the costs incurred by a county for collection, storage, transportation, and recycling of major appliances must be collected from persons who discard the major appliances.
Subd. 2.
Recycling opportunities.
An opportunity to recycle must include:
(1) a local recycling center in the county and sites for collecting recyclable materials that are located in areas convenient for persons to use them;
(2) curbside pickup, centralized drop-off, or a local recycling center for at least four broad types of recyclable materials in cities with a population of 5,000 or more persons; and
(3) monthly pickup of at least four broad types of recyclable materials in cities of the first and second class and cities with 5,000 or more population in the metropolitan area.
Subd. 3.
Recycling information, education, and promotion.
(a) Each county shall provide information on how, when, and where materials may be recycled, including a promotional program that publishes notices at least once every three months and encourages source separation of residential, commercial, industrial, and institutional materials.
(b) The commissioner shall develop materials for counties to use in providing information on and promotion of recycling.
(c) The commissioner shall provide technical assistance to counties to help counties implement recycling programs.
Subd. 4.
Nonresidential recycling.
Each county shall encourage building owners and managers, business owners and managers, and collectors of commercial mixed municipal solid waste to provide appropriate recycling services and opportunities to generators of commercial, industrial, and institutional solid waste in the county.
History:
1Sp1989 c 1 art 18 s 13; 1991 c 337 s 22-24; 1994 c 639 art 5 s 3; 1Sp2005 c 1 art 2 s 161
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.553 — Collecting And Transporting Recyclable Materials.

115A.553 COLLECTING AND TRANSPORTING RECYCLABLE MATERIALS.
Subdivision 1.
Collection centers and transportation required.
Each county must ensure alone or in conjunction with other counties that materials separated for recycling are taken to markets for sale or to recyclable material processing centers. An action may not be taken by a county under this section to preclude a person generating or collecting solid waste from delivering recyclable materials to a recycling facility of the generator's or collector's choice.
Subd. 2.
Licensing recyclable materials collection.
Counties may require county or municipal licenses for collection of recyclable materials.
Subd. 3.
Transportation systems.
The commissioner of the Pollution Control Agency and the commissioner of transportation shall develop an efficient transportation system for recyclable materials to reach markets and processing centers that may be used by counties. The system may include regional collection centers.
History:
1Sp1989 c 1 art 18 s 14; 1994 c 639 art 5 s 3; 1Sp2005 c 1 art 2 s 161
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.554 — Authority Of Sanitary Districts.

115A.554 AUTHORITY OF SANITARY DISTRICTS.
A sanitary district has the authorities and duties of counties within the district's boundary for purposes of sections 115A.0716; 115A.46, subdivisions 4 and 5; 115A.48; 115A.551; 115A.552; 115A.553; 115A.919; 115A.929; 115A.93; 115A.96, subdivision 6; 115A.961; 116.072; 375.18, subdivision 14; 400.04; 400.06; 400.07; 400.08; 400.16; and 400.161.
History:
1Sp1989 c 1 art 18 s 15; 1991 c 337 s 25; 1994 c 585 s 12; 1995 c 247 art 1 s 18; 1996 c 470 s 8; 1997 c 231 art 16 s 2; 2002 c 220 art 8 s 14; 1Sp2005 c 1 art 2 s 130; 2008 c 277 art 1 s 8
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.555 — Recycling Center Designation.

115A.555 RECYCLING CENTER DESIGNATION.
The agency shall designate recycling centers for the purpose of section 173.086. To be designated as a recycling center, a recycling facility must be open a minimum of 12 operating hours each week, 12 months each year, and must accept for recycling:
(1) at least four different materials such as paper, glass, plastic, and metal; and
(2) if the recycling center accepts metal, hazard signs, as defined in section 161.242, subdivision 2, paragraph (d), to the same extent that a junk yard dealer must accept hazard signs under section 161.242, subdivision 6a.
History:
1Sp1989 c 1 art 18 s 16; 1991 c 197 s 1
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.556 — Materials Used For Recycling.

115A.556 MATERIALS USED FOR RECYCLING.
Materials and products used for recycling such as containers, receptacles, and storage bins with short life cycles must be recyclable and made at least in part from recycled materials from this state, if available.
History:
1989 c 325 s 8
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.558 — Safety Guide.

115A.558 SAFETY GUIDE.
The Pollution Control Agency shall prepare and distribute to all interested persons a guide for operation of a recycling or yard waste composting facility to protect the environment and public health.
History:
1Sp1989 c 1 art 22 s 2; 1995 c 247 art 2 s 16; 1Sp2005 c 1 art 2 s 161
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.559 — Composting; Competitive Grant Program.

115A.559 COMPOSTING; COMPETITIVE GRANT PROGRAM.
Subdivision 1.
Grant program established.
The commissioner shall make competitive grants to political subdivisions to increase composting, reduce the amount of organic wastes entering disposal facilities, and reduce the costs associated with hauling waste by locating the composting site as close as possible to the site where the waste is generated. To achieve the purpose of the grant program, the commissioner shall actively recruit potential applicants beyond traditional solid waste professionals and organizations, such as soil and water conservation districts and schools. Each grant must include an educational component on the methods and benefits of composting.
Subd. 2.
Application.
(a) The commissioner must develop forms and procedures for soliciting and reviewing applications for grants under this section.
(b) The determination of whether to make a grant under this section is within the discretion of the commissioner, subject to subdivision 4. The commissioner's decisions are not subject to judicial review, except for abuse of discretion.
Subd. 3.
Priorities; eligible projects.
(a) If applications for grants exceed the available appropriations, grants must be made for projects that, in the commissioner's judgment, provide the highest return in public benefits.
(b) To be eligible to receive a grant, a project must:
(1) be locally administered;
(2) have measurable outcomes; and
(3) include at least one of the following elements:
(i) the development of erosion control methods that use compost;
(ii) activities to encourage on-site composting by homeowners; or
(iii) activities to encourage composting by schools or public institutions.
Subd. 4.
Cancellation of grant.
If a grant is awarded under this section and funds are not encumbered for the grant within four years after the award date, the grant must be canceled.
History:
2009 c 37 art 1 s 43
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.565 — Waste Reduction, Reuse, Recycling, And Composting; Competitive Grant Program.

115A.565 WASTE REDUCTION, REUSE, RECYCLING, AND COMPOSTING; COMPETITIVE GRANT PROGRAM.
Subdivision 1.
Grant program established.
The commissioner must make competitive grants to political subdivisions or federally recognized Tribes for waste reduction, reuse, recycling, and composting of source-separated compostable materials or yard waste. To be eligible for grants under this section, a political subdivision or federally recognized Tribe must be located outside the seven-county metropolitan area and a city must have a population of less than 45,000.
Subd. 2.
Application.
(a) The commissioner must develop forms and procedures for soliciting and reviewing applications for grants under this section.
(b) The determination of whether to make a grant under this section is within the discretion of the commissioner, subject to subdivision 4. The commissioner's decisions are not subject to judicial review, except for abuse of discretion.
Subd. 3.
Priorities; eligible projects.
(a) If applications for grants exceed the available appropriations, grants must be made for projects that, in the commissioner's judgment, provide the highest return in public benefits.
(b) To be eligible to receive a grant, a project must:
(1) be locally administered;
(2) have an educational component and measurable outcomes;
(3) request $250,000 or less;
(4) demonstrate local direct and indirect matching support of at least a quarter amount of the grant request;
(5) include at least one of the following elements:
(i) waste reduction;
(ii) reuse;
(iii) recycling; or
(iv) composting of source-separated compostable materials or yard waste; and
(6) demonstrate that the project will reduce waste generation through waste reduction or reuse or that the project will increase the amount of recyclable materials or source-separated compostable materials diverted from a disposal facility.
Subd. 4.
Cancellation of grant.
If a grant is awarded under this section and funds are not encumbered for the grant within four years after the award date, the grant must be canceled.
History:
1Sp2015 c 4 art 4 s 110; 1Sp2021 c 6 art 2 s 92; 2023 c 60 art 3 s 14,15
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.59 — Bond Authorization.

115A.59 BOND AUTHORIZATION.
The commissioner of management and budget is authorized, upon request of the commissioner of the Pollution Control Agency, to sell state bonds in the amount of up to $8,800,000 for the purpose of the waste processing facility capital assistance program under section 115A.54. The bonds shall be sold in the manner and upon the conditions prescribed in sections 16A.631 to 16A.675, and in the Minnesota Constitution, article XI, sections 4 to 7. The amount of bonds issued pursuant to this authorization shall not exceed at any time the amount needed to produce a balance in the waste management account equal to the aggregate amount of the loans and grants then approved and not previously disbursed, plus the amount of the loans and grants to be approved in the current and the following fiscal year, as estimated by the commissioner of the Pollution Control Agency.
History:
1980 c 564 art 7 s 3; 1989 c 271 s 15; 1989 c 335 art 1 s 269; 1994 c 639 art 5 s 3; 2002 c 379 art 1 s 30; 1Sp2005 c 1 art 2 s 161; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.62 — Purpose; Public Interest; Declaration Of Policy.

115A.62 PURPOSE; PUBLIC INTEREST; DECLARATION OF POLICY.
The legislature finds that the development of integrated and coordinated solid waste management systems is needed to manage properly the solid waste generated in the state, to conserve and protect the natural resources in the state and the health, safety, and welfare of its citizens, and to further the state policies and purposes expressed in section 115A.02; that this need cannot always be met solely by the activities of individual political subdivisions or by agreements among subdivisions; and that therefore it is necessary to establish a procedure for the creation of solid waste management districts having the powers and performing the functions prescribed in sections 115A.62 to 115A.72.
History:
1980 c 564 art 8 s 1; 1982 c 569 s 14
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.63 — Solid Waste Management Districts.

115A.63 SOLID WASTE MANAGEMENT DISTRICTS.
Subdivision 1.
Legal status.
Solid waste management districts established pursuant to sections 115A.62 to 115A.72 shall be public corporations and political subdivisions of the state.
Subd. 2.
Establishment.
The commissioner may establish waste districts as public corporations and political subdivisions of the state, define the powers of such districts in accordance with sections 115A.62 to 115A.72, define and alter the boundaries of the districts as provided in section 115A.64, and terminate districts as provided in section 115A.66. The commissioner shall promulgate rules pursuant to chapter 14 governing the establishment, alteration, and termination of districts.
Subd. 3.
Restrictions.
No waste district shall be established within the boundaries of the Western Lake Superior Sanitary District established under chapter 458D. No waste district shall be established wholly within one county. The commissioner shall not establish a waste district within or extending into the metropolitan area, nor define or alter the powers or boundaries of a district, unless the articles of incorporation of the district require that the district will have the same procedural and substantive responsibilities, duties, and relationship to the metropolitan agencies as a metropolitan county. The commissioner shall require the completion of a comprehensive solid waste management plan conforming to the requirements of section 115A.46, by petitioners seeking to establish a district.
History:
1980 c 564 art 8 s 2; 1982 c 424 s 130; 1989 c 335 art 1 s 269; 1992 c 464 art 1 s 15; 1992 c 593 art 1 s 19; 1994 c 639 art 5 s 3; 1995 c 247 art 2 s 17; 1Sp2005 c 1 art 2 s 161