Subdivision 1. Fee. (a) A county may impose a fee, by cubic yard of waste or its equivalent, on operators of facilities for the disposal of mixed municipal solid waste or construction debris located within the county. The revenue from the fees shall be credited to the county general fund and shall be used only for landfill abatement purposes, or costs of closure, postclosure care, and response actions or for purposes of mitigating and compensating for the local risks, costs, and other adverse effects of facilities. The interest generated from fees imposed under this subdivision may be credited to the county general fund for use by a county for other purposes.
(b) Fees for construction debris facilities may not exceed 50 cents per cubic yard. Revenues from the fees must offset any financial assurances required by the county for a construction debris facility. The maximum revenue that may be collected for a construction debris facility must be determined by multiplying the total permitted capacity of the facility by 15 cents per cubic yard. Once the maximum revenue has been collected for a facility, the fee may no longer be imposed. The limitation on the fees in this paragraph and in section 115A.921, subdivision 2, are not intended to alter the liability of the facility operator or the authority of the agency to impose financial assurance requirements.
Subd. 2. Additional fee. A county may impose a fee, by cubic yard or the equivalent of waste collected outside the county, in addition to a fee imposed under subdivision 1, on operators of mixed municipal solid waste disposal facilities located within the county. The fee may not exceed $7.50 per cubic yard or the equivalent. A person licensed to collect solid waste in a county that designates the waste under sections 115A.80 to 115A.893 who is referred to a disposal facility outside the county due to temporary closure of the designated facility is exempt from the additional fee; the designated facility is responsible for the fee. Revenue generated from the additional fee must be credited to the county general fund and may be used only for the purposes listed in subdivision 1.
Subd. 2a. Joint powers agreement. If a facility is owned by a joint powers board, total fees in excess of $1 per cubic yard or equivalent may not be imposed or revenue expended under subdivision 1 or 2 without the approval of the board.
Subd. 3. Exemptions. (a) 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 any fee imposed by a county 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 county, except that for facilities operating outside of the metropolitan area the commissioner shall prescribe procedures for verifying the required 85 percent weight reduction.
(b) A facility permitted for the disposal of construction debris is exempt from 25 percent of a fee imposed under subdivision 1 if the facility has implemented a recycling program approved by the county and 25 percent if the facility contains a liner and leachate collection system approved by the agency.
1984 c 644 s 46; 1985 c 274 s 12; 1988 c 685 s 19; 1989 c 325 s 18; 1991 c 337 s 37; 1994 c 585 s 22; 1995 c 247 art 1 s 21; 1996 c 470 s 10; 1996 c 471 art 13 s 3; 2003 c 128 art 1 s 128
Structure Minnesota Statutes
Chapters 114C - 116I — Environmental Protection
Chapter 115A — Waste Management
Section 115A.02 — Legislative Declaration Of Policy; Purposes.
Section 115A.03 — Definitions.
Section 115A.034 — Enforcement.
Section 115A.06 — Powers Of Pollution Control Agency.
Section 115A.07 — Duties; General.
Section 115A.0716 — Environmental Assistance Grant And Loan Program.
Section 115A.072 — Public Education.
Section 115A.073 — Environmental Education Goals And Plan.
Section 115A.074 — Environmental Education Resource Centers.
Section 115A.075 — Legislative Policy Against Disposal Of Hazardous Waste.
Section 115A.11 — Hazardous Waste Management Plan.
Section 115A.121 — Toxics And Pollution Prevention Evaluation; Consolidated Report.
Section 115A.1310 — Definitions.
Section 115A.1312 — Registration Program.
Section 115A.1314 — Manufacturer Registration Fee.
Section 115A.1316 — Reporting Requirements.
Section 115A.1318 — Responsibilities.
Section 115A.1320 — Agency And Department Duties.
Section 115A.1322 — Other Recycling Programs.
Section 115A.1323 — Anticompetitive Conduct.
Section 115A.1324 — Requirements For Purchases By State Agencies.
Section 115A.1326 — Regulating Video Display Devices.
Section 115A.1328 — Multistate Implementation.
Section 115A.1330 — Limitations.
Section 115A.1415 — Architectural Paint; Product Stewardship Program; Stewardship Plan.
Section 115A.142 — Report To Legislature And Governor.
Section 115A.15 — State Government Resource Recovery.
Section 115A.151 — Recycling Requirements; Public Entities; Commercial Buildings; Sports Facilities.
Section 115A.152 — Technical And Research Assistance To Generators.
Section 115A.158 — Requests For Proposals; Processing And Collection Facilities And Services.
Section 115A.175 — Siting And Facility Development Authority; Limitations.
Section 115A.18 — Legislative Findings; Purpose.
Section 115A.19 — Procedure Not Exclusive.
Section 115A.191 — Voluntary Contracts With Counties.
Section 115A.192 — Request For Proposals; Stabilization And Containment Facility.
Section 115A.193 — Report On Facility Development.
Section 115A.194 — Evaluating And Selecting Sites; Permits.
Section 115A.195 — Ownership; Agreements To Manage Facility.
Section 115A.20 — Evaluating Sites.
Section 115A.28 — Final Decision.
Section 115A.30 — Judicial Review.
Section 115A.301 — Indemnifying Certain Damages Arising From Stabilization And Containment Facility.
Section 115A.31 — Local Government Decisions; Timelines.
Section 115A.33 — Eligibility; Request For Review.
Section 115A.34 — Appointing Temporary Board Members.
Section 115A.35 — Review Procedure.
Section 115A.36 — Scope And Content Of Review.
Section 115A.37 — Final Decision Of Board.
Section 115A.38 — Reconciliation Procedures.
Section 115A.39 — Judicial Review.
Section 115A.411 — Solid Waste Management Policy; Consolidated Report.
Section 115A.415 — Substandard Disposal Facilities.
Section 115A.42 — Regional And Local Solid Waste Management Planning.
Section 115A.45 — Technical Assistance.
Section 115A.46 — Regional And Local Solid Waste Management Plan; Requirements.
Section 115A.471 — Public Entities; Managing Solid Waste.
Section 115A.48 — Market Development For Recyclable Materials And Compost.
Section 115A.49 — Solid Waste Management Projects.
Section 115A.50 — Eligible Recipients.
Section 115A.51 — Application Requirements.
Section 115A.52 — Technical Assistance For Projects.
Section 115A.54 — Waste Processing Facilities.
Section 115A.541 — Plan; Grant Requirement.
Section 115A.55 — Solid Waste Reduction.
Section 115A.5501 — Reducing Packaging In Waste.
Section 115A.5502 — Packaging Practices; Preferences; Goals.
Section 115A.552 — Opportunity To Recycle.
Section 115A.553 — Collecting And Transporting Recyclable Materials.
Section 115A.554 — Authority Of Sanitary Districts.
Section 115A.555 — Recycling Center Designation.
Section 115A.556 — Materials Used For Recycling.
Section 115A.557 — County Waste Reduction And Recycling Funding.
Section 115A.558 — Safety Guide.
Section 115A.559 — Composting; Competitive Grant Program.
Section 115A.565 — Recycling; Competitive Grant Program.
Section 115A.58 — State Waste Management Bonds.
Section 115A.59 — Bond Authorization.
Section 115A.62 — Purpose; Public Interest; Declaration Of Policy.
Section 115A.63 — Solid Waste Management Districts.
Section 115A.64 — Procedure For Establishing And Altering.
Section 115A.65 — Perpetual Existence.
Section 115A.66 — Termination.
Section 115A.67 — Organization Of District.
Section 115A.68 — Registered Office.
Section 115A.70 — Designating Resource Recovery Facilities.
Section 115A.71 — Bonding Powers.
Section 115A.715 — Solid Waste Authority.
Section 115A.80 — Designating Solid Waste Management Facilities; Legislative Finding.
Section 115A.81 — Definitions.
Section 115A.82 — Eligibility.
Section 115A.83 — Wastes Subject To Designation; Exemptions.
Section 115A.84 — Designation Plan.
Section 115A.86 — Implementing Designation.
Section 115A.87 — Judicial Review; Attorney General To Provide Counsel.
Section 115A.88 — Service Guarantee.
Section 115A.882 — Records; Inspection.
Section 115A.89 — Supervising Implementation.
Section 115A.893 — Petition For Exclusion.
Section 115A.90 — Definitions.
Section 115A.902 — Permit; Tire Collectors And Processors.
Section 115A.904 — Land Disposal Prohibited.
Section 115A.908 — Motor Vehicle Transfer Fee.
Section 115A.909 — Shredder Residue; Management.
Section 115A.912 — Waste Tires; Management.
Section 115A.914 — Administration; County Planning And Ordinances.
Section 115A.915 — Lead Acid Batteries; Land Disposal Prohibited.
Section 115A.9152 — Transporting Used Lead Acid Batteries.
Section 115A.9155 — Disposing Of Certain Dry Cell Batteries.
Section 115A.9157 — Rechargeable Batteries And Products.
Section 115A.916 — Motor Vehicle Fluids And Filters; Prohibitions.
Section 115A.917 — Certificate Of Need.
Section 115A.918 — Definitions.
Section 115A.919 — County Fee Authority.
Section 115A.921 — City Or Town; Fee Authority.
Section 115A.923 — Greater Minnesota; Landfill Cleanup Fee.
Section 115A.929 — Fees; Accounting.
Section 115A.93 — Licensing; Solid Waste Collection.
Section 115A.9301 — Solid Waste Collection; Volume- Or Weight-based Pricing.
Section 115A.9302 — Waste Deposit; Disclosure.
Section 115A.931 — Yard Waste; Prohibition.
Section 115A.932 — Mercury Prohibition.
Section 115A.935 — Solid Waste Generated Outside Minnesota.
Section 115A.936 — Construction Debris As Cover Material Prohibited.
Section 115A.94 — Organized Collection.
Section 115A.941 — Solid Waste; Required Collection.
Section 115A.945 — Visible Costs; Solid Waste Management.
Section 115A.95 — Recyclable Materials.
Section 115A.951 — Telephone Directories.
Section 115A.952 — Retail Sale Of Problem Materials; Uniform Labeling And Consumer Information.
Section 115A.956 — Solid Waste Disposal; Problem Materials.
Section 115A.9561 — Major Appliances.
Section 115A.9565 — Cathode-ray Tube Prohibition.
Section 115A.96 — Household Hazardous Waste; Management.
Section 115A.961 — Household Batteries; Collection, Processing, And Disposal.
Section 115A.965 — Prohibitions On Selected Toxics In Packaging.
Section 115A.9651 — Listed Metals In Specified Products; Enforcement.