reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.65 — Perpetual Existence.

115A.65 PERPETUAL EXISTENCE.
A waste district created under the provisions of sections 115A.62 to 115A.72 shall have perpetual existence to the extent necessary to perform all acts necessary and proper for carrying out and exercising the powers and duties expressly given in it. A district shall not be terminated except pursuant to section 115A.66.
History:
1980 c 564 art 8 s 4
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.66 — Termination.

115A.66 TERMINATION.
Subdivision 1.
Petition.
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.
Subd. 2.
Bond; payment of costs.
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.
Subd. 3.
Hearing; decision.
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.
Subd. 4.
Limitation.
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.
History:
1980 c 564 art 8 s 5; 1982 c 424 s 130; 1984 c 640 s 32; 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.67 — Organization Of District.

115A.67 ORGANIZATION OF DISTRICT.
Subdivision 1.
Chair; board.
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.
Subd. 2.
First meeting.
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.
Subd. 3.
Bylaws.
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.
History:
1980 c 564 art 8 s 6; 1983 c 373 s 39; 1986 c 444; 1989 c 335 art 1 s 269; 1991 c 337 s 28
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.68 — Registered Office.

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.
History:
1980 c 564 art 8 s 7; 1987 c 186 s 15; 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.70 — Designating Resource Recovery Facilities.

115A.70 DESIGNATING RESOURCE RECOVERY FACILITIES.
Subdivision 1.
[Repealed, 1984 c 644 s 82]
Subd. 2.
[Repealed, 1984 c 644 s 82]
Subd. 3.
[Repealed, 1984 c 644 s 82]
Subd. 4.
[Repealed, 1984 c 644 s 82]
Subd. 5.
[Repealed, 1984 c 644 s 82]
Subd. 6.
[Repealed, 1984 c 644 s 82]
Subd. 7.
[Repealed, 1984 c 644 s 82]
Subd. 8.
Authority.
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.
History:
1980 c 564 art 8 s 9; 1982 c 569 s 16-18; 1983 c 373 s 40,41; 1984 c 644 s 34
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.71 — Bonding Powers.

115A.71 BONDING POWERS.
Subdivision 1.
General.
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.
Subd. 2.
Debt.
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.
Subd. 3.
Revenue bonds.
(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.
History:
1980 c 564 art 8 s 10; 1989 c 335 art 1 s 269; 1991 c 199 art 2 s 1; 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.715 — Solid Waste Authority.

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.
History:
1991 c 337 s 29
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.72 — Audit.

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.
History:
1980 c 564 art 8 s 11; 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.80 — Designating Solid Waste Management Facilities; Legislative Finding.

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.
History:
1984 c 644 s 35; 1989 c 325 s 9
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.81 — Definitions.

115A.81 DEFINITIONS.
Subdivision 1.
Scope.
The terms used in sections 115A.80 to 115A.893 have the meanings given them in this section.
Subd. 2.
Designation.
"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.
Subd. 3.
[Repealed, 1995 c 247 art 2 s 55]
History:
1984 c 644 s 36; 1985 c 274 s 6; 1987 c 348 s 23; 1989 c 325 s 10; 1992 c 593 art 1 s 20
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.82 — Eligibility.

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.
History:
1984 c 644 s 37; 1992 c 464 art 1 s 16
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.83 — Wastes Subject To Designation; Exemptions.

115A.83 WASTES SUBJECT TO DESIGNATION; EXEMPTIONS.
Subdivision 1.
Application.
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.
Subd. 2.
Exemption.
(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.
History:
1984 c 644 s 38; 1989 c 325 s 11; 1991 c 337 s 30; 1992 c 593 art 1 s 21; 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.85 — Procedure.

115A.85 PROCEDURE.
Subdivision 1.
Requirement.
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.
Subd. 2.
Hearing.
(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.
Subd. 3.
Negotiated contracts for use.
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.
Subd. 4.
Designation decision.
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.
History:
1984 c 644 s 40; 1989 c 325 s 13
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.87 — Judicial Review; Attorney General To Provide Counsel.

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.
History:
1984 c 644 s 42; 1992 c 593 art 1 s 22; 1994 c 585 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.88 — Service Guarantee.

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.
History:
1984 c 644 s 43
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.89 — Supervising Implementation.

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.
History:
1984 c 644 s 44; 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.893 — Petition For Exclusion.

115A.893 PETITION FOR EXCLUSION.
Subdivision 1.
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.
Subd. 2.
Decision.
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.
Subd. 3.
Appealing decision.
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.
Subd. 4.
Designation ordinance and petition amendments.
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.
History:
1985 c 274 s 10; 1989 c 325 s 16; 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.90 — Definitions.

115A.90 DEFINITIONS.
Subdivision 1.
Applicability.
The definitions in this section apply to sections 115A.90 to 115A.914.
Subd. 2.
MS 1990 [Renumbered subd 3]
Subd. 2.
Collection site.
"Collection site" means a permitted site, or a site exempted from permit, used for the storage of waste tires.
Subd. 3.
MS 1990 [Renumbered subd 2]
Subd. 3.
MS 1994 [Repealed, 1995 c 247 art 2 s 55]
Subd. 4.
[Repealed, 1988 c 685 s 44]
Subd. 5.
Person.
"Person" has the meaning given in section 116.06, subdivision 17.
Subd. 6.
Processing.
"Processing" means producing or manufacturing usable materials, including fuel, from waste tires including necessary incidental temporary storage activity.
Subd. 6a.
Shredder residue.
"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.
Subd. 7.
Tire.
"Tire" means a pneumatic tire or solid tire for motor vehicles as defined in section 169.011.
Subd. 8.
Tire collector.
"Tire collector" means a person who owns or operates a site used for the storage, collection, or deposit of more than 50 waste tires.
Subd. 9.
Tire dump.
"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.
Subd. 10.
Tire processor.
"Tire processor" means a person engaged in the processing of waste tires.
Subd. 11.
Waste tire.
"Waste tire" means a tire that is no longer suitable for its original intended purpose because of wear, damage, or defect.
History:
1984 c 654 art 2 s 92; 1988 c 685 s 45; 1989 c 335 art 1 s 269; 1993 c 172 s 58
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.902 — Permit; Tire Collectors And Processors.

115A.902 PERMIT; TIRE COLLECTORS AND PROCESSORS.
Subdivision 1.
Permit required.
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.
Subd. 2.
Exemptions.
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.
Subd. 3.
Local authority.
The issuance of an agency permit does not replace a permit or license required under section 400.16 or 473.811.
Subd. 4.
Permit fee.
The revenue from permit fees shall be credited to the general fund.
History:
1984 c 654 art 2 s 93; 1988 c 685 s 45; 1989 c 335 art 1 s 269; 1999 c 73 s 5
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.904 — Land Disposal Prohibited.

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.
History:
1984 c 654 art 2 s 94; 1Sp1985 c 13 s 230; 1Sp1985 c 16 art 2 s 42 subd 1; 2012 c 272 s 70
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.908 — Motor Vehicle Transfer Fee.

115A.908 MOTOR VEHICLE TRANSFER FEE.
Subdivision 1.
Fee charged.
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.
Subd. 2.
Deposit of revenue.
Revenue collected under this section shall be credited to the environmental fund.
Subd. 3.
[Repealed, 1997 c 216 s 160]
History:
1984 c 654 art 2 s 96; 1Sp1985 c 13 s 231; 1989 c 335 art 4 s 35; 1993 c 172 s 59,60; 1995 c 220 s 97; 1999 c 231 s 132; 2000 c 418 art 1 s 44; 2003 c 128 art 1 s 127; 1Sp2005 c 6 art 2 s 1; 2008 c 179 s 34; 2009 c 101 art 2 s 109; 2011 c 76 art 1 s 7
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.909 — Shredder Residue; Management.

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.
History:
1993 c 172 s 61
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.912 — Waste Tires; Management.

115A.912 WASTE TIRES; MANAGEMENT.
Subdivision 1.
Purpose.
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.
Subd. 2.
[Repealed, 1Sp2001 c 2 s 162]
Subd. 3.
[Repealed, 1Sp2001 c 2 s 162]
Subd. 4.
Waste tire materials; prohibition.
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.
History:
1984 c 654 art 2 s 97; 1988 c 685 s 14; 1989 c 335 art 1 s 269; 1997 c 216 s 96; 1999 c 73 s 5; 1Sp2001 c 2 s 126; 2002 c 382 art 1 s 2
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.914 — Administration; County Planning And Ordinances.

115A.914 ADMINISTRATION; COUNTY PLANNING AND ORDINANCES.
Subdivision 1.
Regulatory and enforcement powers.
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.
Subd. 2.
Agency rules.
The agency shall adopt rules for administration of waste tire collector and processor permits and waste tire collection.
Subd. 3.
County planning; ordinances.
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.
History:
1984 c 654 art 2 s 98; 1Sp1985 c 13 s 232; 1988 c 685 s 16; 1989 c 335 art 1 s 269; 1999 c 73 s 5; 1Sp2001 c 2 s 127
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.915 — Lead Acid Batteries; Land Disposal Prohibited.

115A.915 LEAD ACID BATTERIES; LAND DISPOSAL PROHIBITED.
A person may not place a lead acid battery in mixed municipal solid waste or dispose of a lead acid battery after January 1, 1988. A person who violates this section is guilty of a misdemeanor. This section may be enforced by the agency pursuant to sections 115.071 and 116.072.
History:
1987 c 348 s 24; 1Sp1989 c 1 art 20 s 6; 1991 c 347 art 1 s 18
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.9152 — Transporting Used Lead Acid Batteries.

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.
History:
1Sp1989 c 1 art 20 s 7
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.9155 — Disposing Of Certain Dry Cell Batteries.

115A.9155 DISPOSING OF CERTAIN DRY CELL BATTERIES.
Subdivision 1.
Prohibition.
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.
Subd. 2.
Manufacturer responsibility.
(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.
History:
1990 c 409 s 1; 1991 c 257 s 1
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.916 — Motor Vehicle Fluids And Filters; Prohibitions.

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.
History:
1987 c 348 s 25; 1988 c 685 s 17; 1991 c 347 art 1 s 18; 1993 c 249 s 16; 1994 c 585 s 19; 1996 c 470 s 9; 1997 c 216 s 97; 1998 c 379 s 2; 1Sp2005 c 1 art 2 s 161; 2009 c 109 s 14
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.917 — Certificate Of Need.

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.
History:
1984 c 644 s 45; 1987 c 404 s 145; 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.918 — Definitions.

115A.918 DEFINITIONS.
Subdivision 1.
Scope.
The definitions in this section apply to this section and sections 115A.919 to 115A.929.
Subd. 2.
Closure.
"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.
Subd. 2a.
Equivalent.
For mixed municipal solid waste, the measure of "equivalent" or "equivalent cubic yards of waste" is 3.33 cubic yards per ton of waste.
Subd. 3.
Operator.
"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.
Subd. 4.
Postclosure, postclosure care.
"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.
Subd. 5.
Response.
"Response" has the meaning given it in section 115B.02, subdivision 18.
History:
1985 c 274 s 11; 1994 c 585 s 20,21; 2023 c 25 s 35
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.921 — City Or Town; Fee Authority.

115A.921 CITY OR TOWN; FEE AUTHORITY.
Subdivision 1.
Mixed municipal solid waste.
(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.
Subd. 2.
Construction debris.
(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.
History:
1984 c 644 s 47; 1987 c 348 s 26; 1988 c 685 s 20; 1989 c 325 s 19; 1991 c 337 s 38; 1994 c 585 s 23; 1995 c 247 art 1 s 22
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.923 — Greater Minnesota; Landfill Cleanup Fee.

115A.923 GREATER MINNESOTA; LANDFILL CLEANUP FEE.
Subdivision 1.
Amount of 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.
Subd. 1a.
Disposition of fee.
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.
Subd. 2.
[Repealed, 1990 c 604 art 10 s 32]
Subd. 3.
[Repealed, 1990 c 604 art 10 s 32]
Subd. 4.
[Repealed, 1990 c 604 art 10 s 32]
Subd. 5.
[Repealed, 1990 c 604 art 10 s 32]
Subd. 6.
[Repealed, 1994 c 416 art 4 s 5]
History:
1989 c 325 s 21; 1990 c 604 art 10 s 26; 1991 c 337 s 39,40; 1994 c 416 art 4 s 1; 1995 c 247 art 1 s 23; 1996 c 470 s 11; 1996 c 471 art 13 s 4
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.929 — Fees; Accounting.

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.
History:
1991 c 337 s 41; 1993 c 249 s 17; 1994 c 585 s 24; 1Sp2003 c 1 art 2 s 63; 1Sp2005 c 1 art 2 s 131
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.931 — Yard Waste; Prohibition.

115A.931 YARD WASTE; PROHIBITION.
(a) Except as authorized by the agency, in the metropolitan area after January 1, 1990, and outside the metropolitan area after January 1, 1992, a person may not place yard waste:
(1) in mixed municipal solid waste;
(2) in a disposal facility; or
(3) in a resource recovery facility except for the purposes of reuse, composting, or cocomposting.
(b) MS 2008 [Renumbered 115A.03, subd 38]
(c) On or after January 1, 2010, a person may not place yard waste or source-separated compostable materials generated in a metropolitan county in a plastic bag delivered to a transfer station or compost facility unless the bag meets all the specifications in ASTM Standard Specification for Compostable Plastics (D6400). For purposes of this paragraph, "metropolitan county" has the meaning given in section 473.121, subdivision 4, and "ASTM" has the meaning given in section 296A.01, subdivision 6.
(d) A person who immediately empties a plastic bag containing yard waste or source-separated compostable materials delivered to a transfer station or compost facility and removes the plastic bag from the transfer station or compost facility is exempt from paragraph (c).
(e) Residents of a city of the first class that currently contracts for the collection of yard waste are exempt from paragraph (c) until January 1, 2013, if, by that date, the city implements a citywide source-separated compostable materials collection program using durable carts.
History:
1988 c 685 s 21; 1991 c 337 s 44; 1992 c 593 art 1 s 28; 1995 c 247 art 1 s 66; 2009 c 37 art 1 s 44