HomeMy WebLinkAbout03/09/1988 - Solid Waste Abatement Commission AGENDA
SOLID WASTE ABATEMENT COMMISSION
EAGAN, MINNESOTA
EAGAN MUNICIPAL CENTER CONFERENCE ROOMS A & B
TUESDAY
MARCH 8, 1988
11:30 A.M.
I. ROLL CALL AND APPROVAL OF MINUTES
II. ADOPTION OF AGENDA
III. STAFF REPORT
A. MSD Recycle Redemption Center
B. Rochester Mass Burn Tour
IV. OLD BUSINESS
V. NEW BUSINESS
A. 1988 Household Hazardous Waste Collection
B. Recommendation on the Comprehensive Waste
Reduction and Recycling Act
VI. OTHER BUSINESS
A. Distribution
VII. NEXT MEETING
VIII. ADJOURNMENT
MEMO TO: CHAIRS HOEL AND MANN AND ALL MEMBERS OF THE SOLID WASTE
ABATEMENT COMMISSION
FROM: JON HOHENSTEIN, ADMINISTRATIVE ASSISTANT
DATE: MARCH 4, 1988
SUBJECT: SOLID WASTE ABATEMENT COMMISSION MEETING FOR MARCH 8,
1988
A meeting of the Eagan Solid Waste Abatement Commission was
scheduled for Tuesday, March 8, 1988, in the Eagan Municipal
Center Conference Rooms A and B. Lunch will be served. Please
contact Jon Hohenstein at 454 -8100 if you are unable to attend
this meeting. Notification is essential as we purchase lunches
on the basis of the number we anticipate at the meeting.
I. ROLL CALL AND APPROVAL OF MINUTES
A copy of the minutes of the Eagan Solid Waste Abate pent
Commission meeting of February 9, 1988 is enclosed on pages (
for your review. These minutes, subject to any change, require
approval by the commission.
II. ADOPTION OP AGENDA
The agenda, as presented or modified, requires approval by the
commission.
III. STAFF REPORT
A. MSD Recycle Redemption Center -
Enclosed on page '7 you will find a flyer prepared by Minnesota
Soft Drink Recycle for the new recycling center at 1971 Seneca
Road. The facility opened February 16 and is in the process of
working out the bugs in the operation. A grand opening will be
held in April.
B. Rochester Mass Burn Tour -
Staff will provide an update on the possibility of doing a tour
of the Rochester mass burn facility with the City Council.
Please bring your calendars or appointment books to the meeting
to better identify potential dates for the tour.
IV. OLD BUSINESS
There are no items of Old Business to be considered at this time,
however, staff has recently completed a resolution aut orized at
last month's meeting and has included it on pages 2 ° f-7 for your
review at this time. No separate action is necessary provided
the resolution reflects the desires of the commission.
V. NEW BUSINESS
A. 1988 Household Hazardous Waste Collection -
In 1987, the City, in cooperation with Unisys and Dakota County,
engaged in a household hazardous waste collection which attracted
over 300 participants bringing a variety of hazardous special
wastes to the promotion. Recently, staff was contacted by a
Unisys representative about the potential to undertake a similar
collection in 1988. Although no plans have currently been
developed, staff is requesting authorization to begin preliminary
discussions with Dakota County, Unisys Corporation, Minnesota
Pollution Control Agency and other appropriate bodies concerning
the possibility of a 1988 collection. It would be appropriate
for the commission to provide staff with that direction at this
time as well as any input concerning timing and promotion of the
event.
ACTION TO BE CONSIDERED ON THIS ITEM: To provide staff direction
concerning a 1988 household hazardous waste collection.
B. Recommendation on the Compr Waste
ree tion and Recycling Act
Enclosed on pages /o - 0 you will find information pertinent to
the proposed Comprehensive Waste Reduction and Recycling Act
being promoted by the Pollution Control Agency. Please pay close
attention to the summary of the act and the Metropolitan Council
staff analysis of its contents. The act focuses on the
development of routed collection systems, beverage container
deposits, a food package tax and financial mechanisms necessary
to implement the act.
The Metropolitan Council supports certain sections of the act but
indicates that certain provisions are in conflict with
established goals and progress being made toward them. In
particular, the proposed legislation would limit county
flexibility to establish abatement programs consistent with
individual master plans, its requirements are alternately more or
less stringent in certain cases than current legislation, it
removes local flexibility in development of yard waste systems
and increases the amount of regulation in the waste abatement
area.
ACTION TO BE CONSIDERED ON THIS ITEM: To develop specific
responses to the Comprehensive Waste Reduction and Recycling Act
in the areas of 1) routed collection systems, 2) beverage
container deposits, 3) food container tax, and, 4) related
issues.
c;2
VI. OTHER BUSINESS
A. Distribution
Enclosed on pageS 3/ -3 '/you will find an agenda and minutes from
the February 23, 1988 Dakota County Solid Waste Management
Advisory Committee meeting for your review. Also on pages 3S
you will find the latest issue of the Dakota County Solid Waste
Management Update.
Also enclosed without page number is a final copy of the Eagan
Organized Collection Study as prepared by Pope -Reid and
Associates.
VII. NEXT MEETING
The next regular meeting of the next Solid Waste Abatement
Commission will be April 12, 1988.
VIII. ADJOURNMENT
The meeting will adjourn no later than 1:00 p.m.
Adm' strative Assistant
cc: City Planner Runkle
City Administrator Hedges
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RECYCLE
Minnesota Soft Drink Recycle Is the largest beverage container recycler In Minnesota. It
was formed In 1980 to promote and educate the public on recycling to increase
participation, and provide available alternatives for recycling. Since 1980, MSD Recycle
will bave processed more than 36,000 tons of beverage cans and glass containers. It has
paid recycler's In Minnesota more than seven million dollars. MSO Recycle continues to
expand, It now has seven permanent redemption sites, 50 recyclomoblle locations, and
services 34 reverse vending machines within Minnesota.
ERGHM
1971 Seneca Road
(off tiwy 13,2 blocks south of Blue Cross bul Iding>
Type Instruction Payment/Drop off
Aluminum and steel soft May be uncru hed or crusted *payment
drink and beer containers (preferably crushed sideways,
ends folded In). Cons soy be
separated or unseparated.
Aluminum Foil Should be rinsed off and free *payment
of all food debris.
Cardboard ( Corrugated) Should be broke apart and tied drop off
in bundles no larger than 3' by 3'
Olass Should be separated by color •payment
(green, clear, t amber) and
should have all metal caps and
foil rings removed Including
foil label
Newsprint Should be tied or bundled, may drop off
also be placed In brown paper
bogs.
Plastic Soft Drink Should be clean and caps removed *payment
Containers (PET)
MSD Recycle Is committed to maximizing the amount of material recycled at the lowest cost
to both the public and private sectors. This can best be =halved through the private
sector operating an efficient recycling system. Active participation by everyone in
source separation programs guarantees recognition that waste reduction Is a
responsibility for everyone. Simple tossing everything into the garbage only perpetuates
the throwaway mentality.
RECYCLE!
Hours: Tuesday thru Saturday 9:00 a.m. - 5:00 p.m
Call for material accepted at a location near you!
.Mpls .St.Louis Park .St. Paul .Frldley .Midway .Eagan
484 -5373
(steel cans will not be accepted over 50 lbs. without equal amounts of aluminum cans)
CITY OF EAGAN
RESOLUTION
CONCERNING CITY COMPLIANCE WITH THE DAKOTA COUNTY
SOLID WASTE DESIGNATION PLAN
WHEREAS, Federal, State and County mandates require that waste
management strategies be developed by municipalities to mitigate
unnecessary impacts on landfills and scarce resources, and
WHEREAS, the City of Eagan has developed a waste management
strategy to abate wastes from area landfills, included in which
strategy are recommendations that Dakota County pursue
environmentally sensitive central processing alternatives and a
central processing component for such facility, and
WHEREAS, Dakota County will define the parameters for
implementation of such strategies through its Solid Waste
Masterplan and the related Solid Waste Designation Plan, and
WHEREAS, the City and County will be best served by a
comprehensive waste management system which includes diverse
elements to mitigate the waste stream, and
WHEREAS, the Eagan Solid Waste Abatement Commission has
considered the following:
1. The County decision to pursue a mass burn technology
for its centralized processing facility and finds that
an absence of adequate separation mechanisms increases
the technology's potential to adversely impact the
environment which waste abatement legislation was
intended to improve, and
2. The County Solid Waste Masterplan and finds that it
does not adequately address the issue of centralized
separation as a means of landfill abatement, a means of
hazardous waste abatement and an economic alternative
and complement to source separation, and
3. The concept of exempting or excluding Eagan wastes from
the Dakota County Designation Plan to better address
such issues and finds that such avenues would expose
the City to inordinate risks, while creating
unnecessary duplication of effort with the County
system.
NOW, THEREFORE, BE IT RESOLVED that the City reiterate its
position as stated in the Solid Waste Abatement Strategy
Statement, and
BE IT FURTHER RESOLVED that the City not pursue exeption or
exclusion from the Dakota County Designation Plan, and
BE IT FURTHER RESOLVED that, notwithstanding its decision to
cooperate with Dakota County in its waste abatement strategy, the
City strongly recommends that Dakota County undertake vigorous
efforts to reduce the impact of waste processing decisions
through a centralized processing alternative and a fee structure
which reinforces economic reasons to recycle and abate wastes at
all levels.
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
Motion made by:
Seconder' bv:
Those against:
Dated:
CERTIFICATION
I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County,
Minnesota, do hereby certify that the foregoing resolution was
duly passed and adopted by the City Council of the City of Eagan,
Dakota County, Minnesota, in a regular meeting thereof assembled
this day of , 1988.
E.J. VanOverbeke, City Clerk
City of Eagan
SUMMARY: Comprehensiue Waste Reduction and Recycling Act
This Act provides two funding mechanisms to support existing and future recycling systems.
These mechanisms and other components of this Comprehensive Act are outlined below:
• Provides every Minnesotan the opportunity to recycle a portion of their wastes
through source separation. Recycling deposit assures a base level opportunity to all
citizens. Counties are responsible for assuring that the opportunity to recycle is
provided to the residential and commercial sectors. By 1990, communities with a
population of 5,000 or more shall provide a recycling collection system for three
materials. By 1990, all first class cities and Metro Area communities with a population
of 5,000 or more shall implement, at minimum, a once a month curbside collection of at
least three materials. By 1992, all second class cities shall offer the same service.
• Establishes a minimum refundable recycling deposit value of ten cents on
nonrefillable beverage containers (throwaway) that contain beer, soft drinks, wine
coolers and other carbonated beverages. The distributor will charge the deposit on
products sold to the retailer, who in turn will charge the deposit to the consumer. The
deposit will be refunded to the consumer upon demand at local recycling and redemption
centers, participating retail stores (retailers have an automatic exemption for handling
returned containers) or reverse vending machines. Those handling returned containers
will receive a two cent handling fee per container.
• A Waste Reduction Initiative Fee of one cent will be assessed at the wholesale level on
all packaged products with the exception of food items and prescription /over -the-
counter medications. Fast food packaging such as styrofoam burger pods and cups will be
assessed the fee. If the packaging matesiai is both made of recycled material and
recyclable, the wholesaler may apply for an. exemption from the fee.
• A Recycling Initiatives Fund will be created with the revenue collected from the Waste
Reduction Initiative Fee and unredeemed deposits. The Fund will distribute grants and
loans to counties, cities and businesses for waste reduction, recycling, public waste
education and market development programs. Financial and technical assistance will be
provided to assist existing recycling programs. Each Minnesota county will receive a
direct appropriation so that expanded recycling activities can be planned and
implemented.
• A statewide mixed municipal solid waste composition study will be completed and
minimum recycling levels will be set for at least paper, glass, aluminum, steel and
plastic within the residential, commercial, industrial and institutional sectors.
Separate levels may be established for the Metropolitan Area and Greater Minnesota. If
these levels are not met by June 30, 1994, additional requirements or mandatory
measures may be implemented.
• All plastic containers must be labeled to identify their resin content. The intent of
this section is to aid the recycling processor and informed consumers in the
identification of resin categories, thus improving the plastic recycling system.
• Several prohibitions are enacted. In regard to products, nondegradable plastic six -
pack ring connectors are prohibited, as are containers made of plastic and metal (i.e.,
the plastic can) and food packaging made with polyvinyl chloride (PVC). The landfilling
of yard waste is prohibited by 1992 (by 1990 in the Metropolitan Area).
• Enactment of the Waste Reduction Initiative Fee will follow six months after passage.
The container deposit provision engages one year after passage. Rulemaking, reporting,
technical and financial assistance begins immediately.
printed on recycled paper 2/5/88
2.10.88 (RESDEPT ] LST /jh R3529 -i
1 A bill for an act
2 relating to solid waste; establishing a comprehensive
3 solid waste reduction and recycling program through
4 county programs, a waste reduction initiative fee on
5 containers, a recycling deposit on beverage packages,
6 and public education; appropriating money; proposing
7 coding for new law in chapter 115A.
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE CF MINNESOTA:
9 Section 1. (115A.93] (CITATION.]
10 Sections 1 to 12 may be cited as the comprehensive waste
11 reduction and recycling act.
12 Sec. 2. (115A.9311 (PURPOSES.]
13 The purposes of sections 1 to 12 are to:
14 (1) provide an opportunity for each individual to recycle
15 waste materials;
16 (2) reduce the amount of waste generated and disposed in
17 the state;
18 (3) increase the rate of recycling of waste materials;
19 (4) develop markets for recycled materials; and
20 (5) inform the public of recycling opportunities.
21 Sec. 3. (DEFINITIONS.]
22 Subdivision 1. For purposes of sections 1 to 12, the terms
23 defined in this section have the meanings given them.
24 Subd. 2. (BEVERAGE.] "Beverage" means a soft drink, soda
25 water, carbonated natural or mineral water or other nonalcoholic
26 carbonated drink; beer, ale, or other malt drink or a mixed wine
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2.10.88 [RESDEPT LST /jh R3529 -1
1 or mixed spirit drink.
2 Subd. 3. [COMMISSIONER.] "Commissioner" means the
3 commissioner of revenue.
4 Subd. 4. [CONSUMER.] "Consumer" means a person who
5 purchases a filled nonrefillable beverage container from a
6 retailer.
7 Subd. 5. (COUNCIL.] "Council" means the metropolitan
8 council established in section 473.123.
9 Subd. 6. [BEVERAGE DISTRIBUTOR.] "Beverage Distributor"
10 means a person who sells filled nonrefillable beverage
11 containers to retailers in this state.
12 Subd. 7. [DISTRIBUTOR.] "Distributor" means any person
13 engaged in business who ships or transports products to
14 retailers in this state, to be sold by those retailers;
15 A distributor who also sells at retail must maintain a
16 separate inventory, substantiated with invoices for products
17 that were acquired for retail sale and that are subject to the
18 fee in section 7, subdivision 1.
19 Subd. 8. [LOCAL RECYCLING AND REDEMPTION CENTER.) "Local
20 recycling and redemption center" means a licensed establishment
21 where a person may redeem the amount of the refund value for are,
22 empty nonrefillable beverage container labeled pursuant to
23 section 4 and which accepts for recycling at least food
24 packaging glass and two other nonbeverage recyclable materials.
25 Subd. 9. (MIXED WINE DRINK.] "Mixed wine drink" means a
26 drink containing eight percent or less alcohol by volume,
27 consisting of wine mixed with nonalcoholic beverages or
28 flavoring or coloring materials, and which may also contain
29 water, fruit juices, fruit adjuncts, sugar, carbon dioxide, or
30 preservatives; or other similar product marketed as a wine
31 cooler.
32 Subd. 10. (MIXED SPIRIT DRINK.] "Mixed spirit drink" means
33 a drink containing ten percent or less alcohol by volume
34 consisting of distilled spirits mixed with nonalcoholic
35 beverages or flavoring or coloring materials and which may also
36 contain water, fruit juices, fruit adjuncts, sugar, carbon
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2.10.88 (RESDEPT 1 1ST /1h R3529 -1
1 dioxide, or preservatives; or any spirits based beverage,
2 regardless of the percent of alcohol by volume, that is
3 manufactured for sale in a nonrefillable container.
4 Subd. 11. (NONREFILLABLE BEVERAGE CONTAINER.]
5 "Nonrefillable beverage container" means an individual
6 hermetically sealed bottle, can, jar or carton which is composed
7 of at least 50 percent glass, metal or plastic by weight and
8 which is used for the purpose of containing beverages in liquid
9 form intended for human consumption and which, at the time of
10 sale, contains one gallon or less of a beverage and which is not
11 designed or constructed to be returned, refilled and resold
12 after the beverage which it contained has been consumed.
13 Subd. 12. (PLASTIC CAN.] "Plastic can" means a beverage
14 container that is composed of one or more plastics and metal.
15 Subd. 13. (RECYCLED MATERIALS.] "Recycled materials" means
16 any material otherwise destined for the mixed municipal solid
17 waste stream that is collected, separated or processed and
13 returned to economic markets in the form cf raw material,
19 feedstock, or end product.
20 Subd..14. (RETAILER.] "Retailer" means a person who
21 engages in the sale of beverage in or from nonrefillable
22 beverage containers to consumers.
23 Subd. 15. (REVERSE VENDING MACHINE.] "Reverse vending
24 machine" means a mechanical device that accepts one or more
25 types of empty beverage containers and issues a cash refund or
26 redeemable credit slip with a value not less than the
27 containers' redemption value.
28 Subd. 16. (UNIVERSAL PRODUCT CODE.] "Universal product
29 code" is an 11- digit, all- numeric code that represents a
30 beverage container or other consumer package of a particular
31 brand, size, type, and manufacturer by using a series of
32 alternating bars and spaces for electronic scanning.
33 Subd. 17. (YARD WASTE.] "Yard Waste" means the garden
34 wastes, leaves, lawn cuttings, weeds, and prunings generated at
35 residential and commercial properties.
36 Sec. 4. (115A.933] (OPPORTUNITY TO RECYCLE.]
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2.10.88 (RESDEPT ] LST /jh R3529 -1
I' 1 By January 1, 1990, each county shall provide its citizens
2 an opportunity to recycle. "Opportunity to recycle" means at
3 least:
4 (1) A place for collecting source separated residential
5 and commercial recyclable material, separated by the generator
1
I 6 or during collection, located at a site convenient to the
I 7 population being served. This requirement may be satisfied by a
8 local recycling and redemption center.
9 (2) A public education and promotion program that at least
10 quarterly notifies each person of the opportunity to recycle and
11 encourages source separation of residential and commercial
12 recyclable material.
1 13 In addition, each county shall ensure, in cities with a
1 14 population of 5,000 or more persons, the opportunity to recycle
115 a minimum of three kinds of recyclable materials through use of
16 curbside pickup or centralized dropoff or use of local
/ i7 reae:np•r_or, ane cecycl1:1q
13 By Jan1: _ _ "? "1 as *gt class and cities
19 with 5,000 or over copulation in the metropolitan area and by
20 January 1, 1992 in cities of the second class, each county shal
21 ensure that the opportunity to recycle also includes at least
22 monthly curbside pickup of at least three recyclable materials.
— 21 Sec. 5. (LOCAL RECYCLING AND REDEMPTION CENTER.]
24 Subdivision 1. (APPLICATION.) Any person may file with the
25 local county board an application for a license to operate a
26 local recycling and redemption center. The application must
27 state the name and address of the owner and operator of the
28 center the types of recyclable materials the center intends to
29 accept, the hours open for operation, and the area the center
30 wishes to serve. The license must be renewed annually. A
31 county may designate cities as the licensing authority.
32 Subd. 2. (APPROVAL.]
33 (a) The county or its designee may approve an application
34 for a license to operate a local recycling and redemption center
35 if it finds that the proposed center will provide a convenient
36 service for the return and deposit refund of nonrefillable
4
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2.10.88 [RESDEPT ] LST /jh R3529 -1
1 beverage containers and collection of at least food packaging
2 glass and two other nonbeverage recyclable materials.
3 (b) The license to operate a local recycling and redemption
4 center must state the types of recyclable materials the center
5 must accent, the hours open for operation, and the area the
6 center and any associated curbside program is licensed to
7 serve. The operator of a center shall prominently display on
8 the center's premises that it accepts nonrefillable beverage
9 containers and the types of recyclable materials accepted and
10 the hours open for operation.
11 (c) The county or its designee may review at any time any
12 license to operate a local recycling and redemption center.
13 After written notice to the owner and operator of the center,
14 the county or its designee may, after a public hearing, revoke
15 the license of the center if it finds lack of compliance with
16 the license or if it finds the local recycling and redemption
17 center nc loncer provides a convenient service to the public.
18 (d) When a county does not undertake licensing of 'local
19 recycling and redemption _enters, the agency shall accent
20 applications and issue permits subject to the requirements of
21 this section.
22 Sec. 6. (115A.935] (RECYCLING INITIATIVES FUND.]
23 Subdivision 1. [CREATION.] The recycling initiatives fund
24 is established as a Separate account in the state treasury. The
25 fund consists of the waste reduction initiative fees and
26 unredeemed recycling deposits established in section 7,
27 penalties assessed pursuant to section 11, and interest earned
28 on fund assets. •
29 Subd. 2. [SPENDING: PURPOSES.] Money in the fund may be
30 spent for:
31 (1) technical and financial assistance to counties,
32 cities, and private businesses for creation of recycling
33 systems, creation and licensing of local recycling and
34 redemption centers; for modification of recycling systems to
35 local recycling and redemption centers;
36 (2) county compliance with section 4.
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2.10.88 (RESDEPT j LST /jh R3529 -1
1 (3) recycling and waste reduction projects including
2 public education, planning and technical assistance;
3 (4) market development for recyclable materials separated
4 by generators, including public education, planning and
5 technical assistance;
6 (5) capital assistance for establishing private and public
7 intermediate processing facilities for recyclable materials and
8 facilities using recyclable materials in new products;
9 (6) reimbursement to the general fund for any
10 appropriation made for the purpose of section 10; and
11 (7) costs of the department of revenue, the agency, the
12 board, and the council in implementing and administering this
13 act.
14 Subd. 3. (APPROPRIATION.] After fiscal year 1989, 20
15 percent of the money in the fund on July 1 of each year is
16 appropriated annually to the board. The board shall distribute
`? the money to nonmetropolitan counties and to the metropolitan
18 council for assistance to counties to develop recycling systems.
19 Up to 25 percent of the money appropriates oe uses
20 project grants for special recycling projects including
21 multi- county, innovative, or especially large projects. The
22 remainder of the money must be distributed based on a formula
23 established by the board that guarantees an equal share for each
24 county plus an allocation bases on county population.
25 Sec. 7. (115A.936] [FEE; DEPOSIT; CONTAINER DESIGN.]
26 Subdivision 1. [WASTE REDUCTION INITIATIVE FEE.] (a) Each
27 distributor, who is not the ultimate consumer of a product and
28 who either sells packages used by a retailer to package products
29 or sells packaged products intended for retail sale shall pay
30 the department of revenue a one cent waste reduction initiative
31 fee for each package or packaged product based on the product's
32 smallest unit division intended for sale at the retail level.
33 The fee must be paid pursuant to the requirements of section 8.
34 requirements of section 8.
35 (b) For the purpose of this section, "package" includes
36 but is not limited to a bag, barrel, basket, bottle, box, can,
6
l(1)
2.10.88 [RESDEPT ] LST / R3529 -1
1
1 carton, carrying case, crate, cup, cylinder, drum, flexible
2 film, glass, jar, jug, pail, pot, rigid foil container, sack,
3 tray, tub, tube, tumbler, vessel, wrapper or wrap.
4 (c) Packages exempt from the fee are limited to those:
5 (1) that are recyclable and that are made of at least 50
6 percent by weight recycled materials;
7 (2) intended for use in a manufacturing process;
8 (3) used to package drugs and medicines as defined in
9 section 151.01;
10 (4) used to package food or food products that are exempt
11 from sales tax pursuant to section 297A.25, subdivision 2; or
12 (5) which require a refundable container deposit of at
13 least 4 cents.
14 (d) A manufacturer or distributor must apply to the agency
15 for exemption from the fee for specific packages based on the
16 criteria listed in paragraph (c), clause (1). The agency may
17 require applicants to provide information it deems necessary for
18 the determination of specific exemptions. A person who receives
19 an exemption shall notify the agency if the package material is
20 altered. Exemption from the fee is retroactive to the date of
21 filing of the application with the agency.
22 Subd. 2. [RECYCLING DEPOSIT.] The price of a filled
23 nonrefillable beverage container sold or offered for off -sale at
24 retail stores and through vending machines must include a refund
25 value of ten cents for a container with a volume of less than
26 one quart and thirty cents for a container with a volume of one
27 quart or more. Containers sold aboard commercial airlines,
28 passenger trains or passenger buses crossing state borders and
29 containers whose contents are consumed on the premises of the
30 retail store are exempt from the requirements of this
31 subdivision.
32 Subd. 3. [REFUND PAYMENT REQUIRED.] Each participating
33 retailer shall accept an empty nonrefillable beverage container
34 of the kind, size and brand sold by the retailer and each local
35 redemption and recycling center shall accept any empty
36 nonrefillable beverage container, and each shall pay the refund
7
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2.10.88 [RESDEPT ] LST /jh R3529 -1
1 value specified in subdivision 2 to the person returning the
2 container. Each off -sale retailer shall prominently display on
3 its premises the kinds, sizes and brand names of nonrefillable
4 beverage containers accepted or the location of the nearest
5 local recycling and redemption center if the retailer does not
6 accept containers for deposit refund. Each beverage distributor
7 or its designee shall accept from a retailer or local recycling
8 and redemption center nonrefillable beverage containers of the
9 kind, size and brand sold by the beverage distributor, and shall
10 pay the retailer or center the refund value specified in
11 subdivision 2 plus a handling allowance of two cents per
12 container upon receipt.
13 A retailer or center may refuse to accept, and a beverage
14 distributor or its designee may refuse to accept from a retailer
15 or center, any nonrefillable beverage container that is not
16 properly labeled pursuant to subdivision 4, or is broken,
-r not ftmnty. A reverse vending machine may be used to
18 fulfill the requirements of this subdivision.
19 Sube. 4. [CONTAINZii; PACKAGE DESIGN.] (a) _a filled
20 nonrefillable beverage container sold or offered for sale in
21 this state by a retailer or distributor must clearly indicate by
22 embossing, stamp, label, or other permanent method of display,
23 the name or abbreviation of this state, the refund value of the
24 container, and the words "Return For Deposit." Each container
25 must also be printed, enclosed, stamped, labeled, or otherwise
26 marked with a universal code or similar machine - readable code.
27 Nothing in this subdivision prohibits inclusion of the names on
28 the label of other states that have container deposit laws.
29 (b) Packages exempt from the waste reduction initiative
30 fee pursuant to subdivision 1, paragraph (c), clause (1), may
31 carry the recycling emblem approved by the agency.
32 (c) All plastic consumer containers manufactured for use
33 in this state after January 1, 1989, must be embossed or molded
34 with letters at least three- sixteenths of an inch in height,
35 equivalent to seven letters per inch in width, with the
36 applicable label as follows:
8
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2.10.88 (RESDEPT ] LST /jh R3529 -1
1 PS - polystyrene;
2 HDPE - high density polyethelene;
3 LDPE - low- density polyethelene;
4 PVC - polyvinyl chloride
5 PET - polyethelene terephthalate;
6 PP - polypropylene; and
7 MR - mixed resin.
8 Other plastic material must be labeled as specified by
9 agency rule.
10 Sec. 8. (115A.937] (REPORTS: PAYMENT OF FEES AND
11 UNREDEEMED DEPOSITS.] '
12 Subdivision 1. (REPORTS.] (a) Each distributor required
13 to pay the waste reduction initiative fee in section 7,
14 subdivision 1, shall file with the commissioner a quarterly and
15 annual report on a form prescribed by the commissioner
16 specifying the number of packaging products for use by a
17 retailer to package products, the number of packaged products,
18 and specific numbers of packaging products and packaced croducts
19 by category that are not subject to the fee in section 7,
20 subdivision 1, that were sold by the distributor during the
21 reporting period.
22 (b) Every beverage distributor doing business in this
23 state shall file a quarterly and annual report, on a form
24 prescribed by the commissioner specifying the total number of
25 nonrefillable beverage containers sold to and redeemed from
26 retailers and local recycling and redemption centers in the
27 state and the amount of unredeemed deposits during the reporting
28 period.
29 (c) The quarterly reports are due on or before the 15th
30 day following the end of the calendar quarter, and the annual
31 reports shall accompany the reports for the fourth calendar
32 quarter and are due on or before the 15th of January following
33 the end of the calendar year.
34 Subd. 2. (RECORDS.] The commissioner may by rule require
35 any person subject to subdivision 1 to keep such books, papers,
36 documents, and records as the commissioner deems necessary for
9
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2.10.88
[RESDEPT ) LST /jh R3529 -1
1 the enforcement of sections 1 to 12. The commissioner may
2 examine, or cause to be examined, any books, papers, records, o
3 other documents_ relevant to making a determination, whether the
4 are in the possession of a the reporter or another person or
5 corporation. The commissioner may require the attendance of any
6 persons having knowledge or information in the premises, to
7 compel the production of books, papers, records, or memoranda by
8 persons so required to attend, to take testimony on matters
9 material to a determination, and to administer oaths or
10 affirmations.
11 Subd. 3. (INFORMATION CONFIDENTIAL.) Neither the
12 commissioner nor any other public official or employee may
13 divulge or otherwise make known in any manner any particulars
14 disclosed in any report required by this section, or any
15 information concerning the affairs of the person making the
16 report acquired from its records, officers, or employees while
17 examining or auditing under the authority of this act except in
18 connection with a prcedinq invol.
19 initiative fees or un : depcsits due ur..d'- th_.• _:__.
20 Nothing in. this section prohibits the commissioner from
21 publishing statistics classified in a manner that does not
22 disclose the identity of particular records or reports and their
23 contents. Notwithstanding the provisions of this subdivision,
24 the commissioner may provide the agency with information
25 necessary for implementation and administration of this act.
26 Subd. 4. [TIME FOR PAYMENT: REFUND.] Waste reduction
27 initiative fees incurred and unredeemed deposits held during a
28 calendar quarter must be paid to the commissioner on or before
29 the 15th day following the end of the quarter. The payment due
30 for the fourth calendar quarter must be adjusted to reflect any
31 underpayment or overpayment that is shown on the annual report.
32 Any overpayment of unredeemed recycling deposits shown on the
33 annual report must be refunded by the commissioner using money
34 in the fund created by section 6 and may not be entered as a
35 credit against future liabilities unless requested by the person
36 required to pay the unrefunded deposit. Any overpayment of
10
• 2.10.88 [RESDEPT ] LST /jh R3529 -1
1 waste initiative fees due to retroactive exemption granted by
2 the agency must be credited against future fees due unless the
3 person who overpayed has no future liability to pay fees in
4 which case the overpayment must be refunded from the fund.
5 Subd. 5. (ENFORCEMENT.) The penalty, interest and
6 enforcement provisions under chapters 297A.30 to 297A.42, 297A
7 and 270 apply to the reports and amounts due the commissioner
8 under this section.
9 Sec. 9. (115A.938)(PROHIBITIONS.]
10 Subdivision 1. [PLASTIC; PVC.] No person may sell, offer
11 for sale, or give to consumers in this state any beverage
12 packaged in a plastic can or any food or food product packaged
13 in material of which any portion is polyvinyl chloride.
14 Subd. 2. [NONDEGRADABLE PLASTIC.] No person may sell,
15 offer for sale or give to consumers in this state beverage
16 containers held together by nondegradable plastic material.
17 Subd. 3. (LANDFILL PRCHIBIT_ION.] Containers redeemed for
18 deposit and recyclable materials collected pursuant to the
19 requirements•of section 4 may not be Placed in any land disposal
20 facility, except as authorized by the agency.
21 Subd. 4. [YARD WASTE; LAND DISPOSAL PROHIBITED.] A person
22 may not dispose of yard waste in mixed municipal solid waste or
23 in a land disposal or resource recovery facility after January
24 1, 1992 or after January 1, 1990 in the metropolitan area,
25 except as authorized by the agency.
26 Sec. 10. (115A.939] (AGENCY AND BOARD AUTHORITY: DUTIES:
27 REPORTS.]
28 Subdivision 1. (PUBLIC EDUCATION.] The board may prepare,
29 publish and issue printed or educational materials necessary for
30 the dissemination of information to the public for effective
31 implementation of this act. The agency may prepare, publish and
32 issue materials necessary for the dissemination of information
33 to the regulated community for effective implementation of this
34 act.
35 Subd. 2. (INFORMATION GATHERING.) The agency may require
36 any business or local government unit subject to the provisions
11
i X `
2.10.88 [RESDEPT ] LST /jh R3529 -1
1 of sections 1 to 12 to provide information necessary for the
2 preparation of any reports required by this section.
3 Subd. 3. (SOLID WASTE COMPOSITION STUDY.] By December 31,
4 1989, the agency, shall complete a mixed municipal solid waste
5 composition study.
6 Subd. 4. (MINIMUM RECYCLING LEVELS.] By June 30, 1990, the
7 agency, in consultation with the board and the council, shall by
8 rule establish minimum recycling levels for at least paper,
9 glass, aluminum, steel, and plastics for commercial,
10 residential, institutional and industrial classifications of
11 solid waste generators. Separate levels may be established for
12 the metropolitan and nonmetropolitan areas of the state. If the
13 minimum levels are not met in any classification on or after
14 June 30, 1994, the agency shall require solid waste separation
15 and recycling within that classification.
16 Subd. 5. (BIENNIAL REPORT.] The agency, board and council
17 must collect data necessary to determine the effect of sections
10 1 to 12 and ;hail each orspare a recert rn the legislative
'.3 r.; ^i icn . -r be ccmo'..ltld by November 1,
20 1990 and biennially thereafter. Each report must detail each
21 agency's implementation of this act and the impact of it on
22 industry and the public.
23 Sec. 11. (115A.9391] (PENALTIES.]
24 Subdivision 1. (CIVIL PENALTY.] In addition to any other
25 penalty imposed by law, any person who violates any provision of
26 sections 7, 8, or 9, subdivisions 1 or 2, shall forfeit and pay
27 to the state a penalty, in an amount to be determined by the
28 court, of not more than $1,000 per day of violation. The civil
29 penalty may be recovered by a civil action brought by the
30 attorney general in the name of the state.
31 Subd. 2. (INJUNCTIONS.] The attorney general may bring an
32 action to enjoin any violation of sections 1 to 10 or an action
33 to compel performance pursuant to sections 1 to 10.
34 Subd. 3. [COSTS; FEES.] In any action under subdivisions 1
35 or 2, the attorney general may also recover costs and attorney
36 fees.
12
2.10.88 (RESDEPT 1 LST /jh R3529 -1
1 Sec. 12. (RULES.]
2 The agency, the board, the council and the commissioner may
3 adopt emergency - and permanent rules in order to implement the
4 requirements of this act.
5 The cost of any rules shall be reimbursed to the agency,
6 the board, the council or the commissioner from the fund created
7 by section 6.
8 Sec. 13. [APPROPRIATIONS.]
9 Subdivision 1. (AGENCY.] The following amounts are
10 appropriated from the general fund to the pollution control
11 agency to be available until June 30, 1990:
12 (1) for public education pursuant
13 to section 10, subdivision 1. $
14 (2) for the cost of the studies and
15 reports required by section 10, $
16 subdivisions 2 to 5
17 (3) for administrative costs to $ —
19 The comblement of the a^."ncv is _..__eased by ... ^csi` ions.
19 Subd. 2. [BOARD.] The �'ollowino amounts are is
20 appropriated from the general fund to the waste management board
21 to be available until June 30, 1990:
22 (1) for technical and financial
23 assistance to counties, cities and
24 businesses pursuant to section 6,
25 subdivision 2, clause (1) $
26 (2) for recycling and waste
27 reduction projects pursuant to section
28 6, subdivision 2, clause (3) $
29 (3) for market development for
30 recyclable materials pursuant to
31 section 6, subdivision 2, clause (4) $
32 (4) for capital assistance for
33 public and private recycling processing
34 facilities $
35 (5) for public education pursuant
36 to section 10, subdivision 1 $
13
�3
2.10.88 (RESDEPT J LST /jh R3529 -
1 (6) for the cost of preparation of reports
2 required by section 10, subdivision 5 $
3 (7) for administrative costs to
4 implement this act $
5 The complement of the board is increased by
6 positions.
7 Subd. 3. (DEPARTMENT OF REVENUE.] The following amounts are
8 appropriated from the general fund to the department of revenue
9 to be available until June 30, 1990:
10 (1) for administrative costs of the
11 fund incurred pursuant to section 6. $
12 (2) for the collection of fees and
13 unredeemed deposits under section 8. $
14 The complement of the department of revenue is increased by
15 positions.
16 Subd. 4. (METROPOLITAN COUNCIL.] $ is
17 appropriated from the general fund to the metropolitan council
18 to b? ivailabl9 ^til 30 1990. for rnn c.7':_ of pro_. _-..i_
19 of "^° report rewired by section 10, subdivision 5.
20 The complement of the council is increased by
21 positions.
22 Subd. 5. (METROPOLITAN LANDFILL ABATEMENT
23 FUND.] $ is appropriated from the general fund to the
24 metropolitan landfill abatement fund to be available until June
25 30, 1990, for the purposes of section 6, subdivision 2, clause
26 (3).
27 Subd. 6. (REIMBURSEMENT.] The amounts appropriated in this
28 section must be reimbursed to the general fund from the fund
29 created in section 6 by June 30, 1990.
30 Sec. 14. (EFFECTIVE DATE.)
31 Sections 1 to 13 are effective July 1, 1988, except that
32 section 7, subdivision 1, and section 8, subdivision 1(a) are
33 e#fective October 1, 1988, and section 7, subdivisions 2 and 3,
34. and section 8, subdivision 1(b), are effective May 1, 1989.
14
METROPOLITAN COUNCIL
Suite 300 Metro Square Building, St. Paul, Minnesota 55101
•
612- 291 -6359
DATE: February 23, 1988
TO: Environmental Resources Committee
FROM: Solid Waste Division Staff
SUBJECT: Proposed Comprehensive Waste Reduction and Recycling Act of 1988 -
Staff Analysis
BACKGROUND
The purpose of this memorandum is to present the staff's analysis of the
proposed Comprehensive Waste Reduction and Recycling Act, primarily in terms of
the impacts that it would have on the waste abatement policies, plans and
programs currently underway and in process in the Metropolitan Area under the
aegis of the Waste Management Act. Our analysis is based on the Feb. 16, 1988,
draft of the proposed bill, copies of which are before the committee.
Solid waste abatement is very important - -to the Metropolitan Area, to Greater
Minnesota and indeed to our entire nation. The purposes of the bill are good
and strongly supported by staff. Staff recognizes the importance of
legislation which will maximize recycling and the reduction of solid waste
throughout the state and that conditions may be such in Greater Minnesota as to
require different solutions than in the Metropolitan Area. Since last
November, we have worked closely with the staffs of the Pollution Control
Agency and Waste Management Board and others involved in the preparation of
this bill to make sure that the bill is as compatible as possible with
Metropolitan Area needs and programs. We believe that our participation has
led to improvements in the present bill.
As shown in our analysis, there are provisions in this bill which Council staff
wholeheartedly support. But there are also major provisions which clearly
conflict with Council roles and policies and which would, in our opinion,
unduly limit the options of metropolitan counties and cities in meeting
recycling objectives.
ANALYSIS
1. AREAS CONSISTENT WITH COUNCIL'S POLICY PLAN AND STRONGLY SUPPORTED BY STAFF
o Section 2, [PURPOSES], 1) provide an opportunity for each individual
to recycle waste materials; 2) reduce the amount of waste generated
and disposed in the state; 3) increase the rate of recycling of waste
materials; 4) develop markets for recycled materials; and 5) inform
the public of reycling opportunities. The purposes are consistent
with the Council's policy plan. The Opportunity to Recycle is very
important and should be available to all Minnesotans.
o Section 10, Subd. 3, [SOLID WASTE COMPOSITION STUDY]. Staff agrees
strongly that a statewide mixed municipal solid waste composition
study is needed as soon as possible. This will provide needed
information on the portions of the waste stream that will need
increased planning.
o Section 7, Subd. 1, [WASTE REDUCTION INITIATIVE FEE]. Staff agrees
with the concept of' a waste reduction initiative fee on packages which
are not recyclable and which significantly add to the amount of' waste
land disposed. It is unclear as to whether the 1 cent fee will change
behavior of businesses or manufacturers. The concepts need further
development and perhaps national attention.
o Section 3, Subd. 4, subsection (c), agree with the proper labeling of
plastic consumer containers as to the type of plastics used in the
container. However, the timing and type of coding proposed should be
consistent with the plastic industry's needs and capabilities.
o Section 9, Subd. 1, [PLASTIC; PVC]. Staff supports the banning of a
plastic can that would be difficult to recycle, prior to introduction
into the waste stream.
o Section 9, Subd. 2, [NONDEGRADABLE PLASTIC]. Staff agrees with a
prohibition on nondegradable plastic rings.
o Strongly support the noncept of long,' term funding for abatement.
However, some of the mechanisms used in the proposed legislation are
not consistent with current developing solid waste system.
2. IMPACT ON METROPOLITAN COUNCIL'S ROLE AND PLANNING PROCESS WITH COUNTIES
o The 1980 Waste Management Act directed the Council to establish a solid
waste system which includes waste reduction, source separation, and waste
processing based on the true costs of solid waste treatment and disposal.
Current collection and processing costs of recycling for Super Cycle in
Ramsey County are $35 -$40 a ton which is more expensive than land
disposal. Reaching an estimated 3 -4% abatement level in 1987 (above the
23% abatement level which existed in 1985) in the Metropolitan Area is not
unexpected. The solid waste system is still developing. Based on county
commitments and current abatement development, the Council projected that
the counties will reach the 16 percent source separation goal by 1992. The
Council's recommendation in the 1987 Abatement Progress Report to the LCWM
states:
"In developing their solid waste master plans, the seven metropolitan
counties have made considerable commitments towards waste abatement,
including source- separation activities and centralized processing
facilities. The counties are also currently working on their recycling
implementation strategies to develop permanent programs. In view of the
progress and commitments made, the Council recommends that no legislative
changes in authority or structure of the solid waste management system in
the Metropolitan Area be made during the 1988 legislative session."
2
o The Proposed Bill changes the intent of the 1987 amendment to the Waste
Management Act in Section 1 473.803, Subd. le, which established the
Recycling Implementation Strategy in which the Metropolitan Area Counties
are required to develop strategies for "permanent sources and levels of
local funding for recycling" for approval by the Council. The counties
must "identify the materials that will be recycled in the county, including
at least yard waste and three other materials, and the parties responsible
and method for recycling the material." THIS STATUTE PROVIDES THE COUNTY
FLEXIBILITY TO ESTABLISH ITS ABATEMENT PROGRAM CONSISTENT WITH ITS MASTER
PLAN AND THE COUNCIL'S POLICY PLAN.
o The proposed bill -- Section 1 4, Subd. 1,2, [OPPORTUNITY TO RECYCLE], Section
5 [LOCAL RECYCLING AND REDEMPTION CENTER] and Section 9, Subd. 1 4. [YARD
WASTE; LAND DISPOSAL PROHIBITED]:
o Removes county flexibility and prematurely decides methods of
abatement. Defines the type of program each county must provide
before the county strategies are due to the Council for review on
December 1, 1988.
o In some cases the bill sets lesser requirements than the Council does
and in others more stringent requirements. The bill requires by 1990
curbside collection in cities over 5,000 or 67 cities in the
Metropolitan Area. By July 1988, 40 cities with a population of more
than 5,000 will have curbside collection and 21 cities with a
population below 5,000 will have curbside collection.
o The intent of the yard waste land disposal prohibition Section 9,
Subd. 1 4., is good. However, it removes county flexibility to design
the best localized system by also banning yard waste from resource
recovery facilities, especially if the county chooses to include a co-
composting system, unless special authorization is received from the
MPCA. The proposed bill also does not address any of the costs this
ban would entail. The WMA Act already prohibits this waste stream
from land disposal in 1990 in the Metro Area.
o Section 5 creates a regulatory system, replacing the current
contractual process that Metro counties are already carrying out, and
places the MPCA in control if counties do not license redemption
centers.
o The Proposed Bill changes the authorities and roles of the Council.
o Section 6, Subd. 3, The WMB would establish the funding formula for
the Metropolitan Area and Greater Minnesota. The Council would
distribute the funds for the Metro Area.
o Section 10, Subd. 2 4, The PCA would establish minimum recycling levels
for certain materials for the Metropolitan Area and Greater
Minnesota. This would supercede the Council's source separation goals
and impact the waste processing goals. The establishment of the
minimum recycling levels would not be done until June 30, 1990.
3
J0
Current legislation requires the counties to submit implementation
strategies to the Council by December 1988. The preparation of' the
•
strategies are underway and the proposed changes could delay the Metro
Area process.
3. ABATEMENT IMPACT
o MPCA estimates that 6 percent of the waste stream is comprised of beverage
containers (bi- metal, aluminum, glass, plastics). Based on a Michigan
Department of Natural Resources study.
o The Council, using the Hennepin County study conducted by Pope -Reid in
1985, estimates that the total percent by weight of all beverage containers
remaining in the stream after existing recycling is 3.38 %.
o This bill,could achieve a 3 -6 percent abatement level for beverage
containers.
o It is very difficult to estimate the potential amount of abatement achieved
through the packaging fee.
o The establishment of minimum recycling goals may have a positive impact on
abatement. The goals are already provided for in the Metro Area and will
be needed for Greater Minnesota.
:1ECYCLy "G BUSINESS
o The fund created from the packaging fee and unredeemed deposits is
estimated to be as much as $20 million per year. The bill as drafted
provides that 20 percent (or $ million) of this fund would be available to
assist counties in developing recycling programs. Up to 25 percent of the
20 percent (or $1 million) would be used for project grants. In turn 75
percent of the 20 percent (or $3 million) would be distributed to counties
by the WMB and the Metropolitan Council in a formula to be established by
the Waste Management Board. Without more detail on the allocations or uses
for the fund or on the distribution formula, it is not possible to estimate
the extent to which the monies available will offset the potentially
negative financial impacts the bill could have on local recycling
programs. It is difficult to estimate whether the appropriate programs
both public and private, will receive necessary funds. Some of these
impacts are summarized below.
o Curbside
o Under the container deposit system proposed in this bill, curbside
programs would lose revenues from the sale of containers (glass and
aluminum) that would no longer be put out for curbside collection.
Supercycle in Ramsey County, for example, estimates a $20 per ton
decrease in revenues from glass and aluminum sales under container
deposit. This translates to approximately $ in annual
increased costs to operate curbside programs in Ramsey County.
o Aluminum and glass account for up to 25 percent of the total
volume of curbside recyclables collected but produces around 60
percent of revenues from sales to secondary materials markets.
4
o Multi Materials Drop -Off Centers
o These centers will i1m21r significant costs in seeking licensure as a
redemption center. Licensed centers must meet the bill's requirement
for customer convenience either through increased hours (and
staffing) or by purchase of reverse vending equipment. Estimated cost
to set up each center is $100,000 (land, equipment, office supplies,
etc.).
o Costs of transporting redeemed containers to the appropriate
distributor are uncertain but could be considerable.
o Public or private entities setting up as local redemption centers will
have to come up with the funds to pay out deposits for the first
quarter of this operation or an estimated cost of $23 million in the
Metropolitan Area.
o Drop off centers not licensed to redeem containers would have a more
difficult time surviving economically without subsidy.
General Impacts
o The value of materials lost to recycling programs planned in the seven
counties would be approximately $1.5 million dollars per year.
o There would be a resulting 28 percent increase in the net cost of
programs for the counties.
o Total costs of operating sites sufficient to process yard waste from
the Metropolitan Area would be about $2,900,000 per year.
CONCLUSIONS
1. The areas of the proposed legislation which are consistent with Council
policy and goals include:
o Section 2, [PURPOSES], are consistent with Council policy.
o Section 3, Subd.4, subsection (c), agree with proper labeling of
plastic containers consistent with industry needs and capabilities.
o Section 7, Subd. 1, [WASTE REDUCTION INITIATIVE FEE], agree with the
concept of a waste reduction fee on packages not recyclable.
o Section 9, Subd. 1, [PLASTIC; PVC], support the banning of a plastic
can that would be diffficult to recycle, prior to introduction into
the waste stream.
o Section 9, Subd. 2, prohibition on nondegradable plastic rings.
o Section 10, Subd. 3, completion of a solid waste composition study.
o Proposed legislation recognizes the need for long term funding for
solid waste abatement.
5
C
2. The Council's recommendation to the LCWM in November 1987, states:
"In developing their solid waste master plans, the seven metropolitan
counties have made considerable commitments towards waste abatement,
including source - separation activities and centralized processing
facilities. The counties are also currently working on their recycling
implementation strategies to develop permanent programs. In view of the
progress and commitments made, the Council recommends that no legislative
changes in authority or structure of the solid waste management system in
the Metropolitan Area be made during the 1988 legislative session."
3. There are serious inconsistencies between the proposed legislation and
current legislative authorities and structure of the Metropolitan Council
and the Metro counties. These include:
o The proposed legislation changes the intent of the 1987 amendments to
the WMA governing the Recycling Implementation Strategies. It removes
county flexibility to establish its abatement program consistent with
its master plan and the Council's policy plan.
o The proposed legislation changes the authority and role of the Council
in establishing recycling goals for the Metro Area and funding
requirements and could possible delay current Metro Area dead L nes.
r r�.l x l.J = ✓ i�J j J
�• The- -or000sed l egi } ion could achieve a 3 -6 ?batement level of 1.1 '
beverage containers remaining in the waste stream.
5. While the proposed legislation creates a fund for recycling activities, the
current legislation does not detail the fund expenditures and allocations
and it is very hard to estimate the financial impacts.
6. Under Section 473.149, Subd. 6, of the Waste Management Act, the Council is
responsible " ..to evaluate and report on the need to reassign governmental
responsibilities among cities, counties, and metropolitan agencies to
assure implementation and achievement of the metropolitan and local
abatement plans and objectives." The Council is required to report in
November 1988 to the LCWM on suggested changes to the solid waste system
and the long term use and management of the Metropolitan Abatement Fund.
The Council may choose to examine a variety of other possibilities
including mandatory recycling.
RECOMMENDATION
1. That the Metropolitan Council not support the 1988 Comprehensive Waste
Reduction and Recycling Act of 1988.
2. That the Council direct staff to work in a planning process with MPCA and
WMB staffs, and other parties, to explore means of accomplishing the
purposes of the Comprehensive Waste Reduction and Recycling Act of 1988
that meet state -wide needs and are compatible with the plans and programs
underway in the Metropolitan Area.
JU401A /PHENV3
6
i
MEETING NOTICE AND AGENDA
There will be a meeting of the Dakota County Solid Waste Management Advisory
Committee Tuesday, February 23, 1988, at 4:00 P.M. the meeting will be held
in the Conference Room, Room 405, Apple Valley Commons, 7300 W. 147th St.,
Apple Valley, MN The Agenda shall be as follows:
AGENDA
4:00 P.M. Convene Meeting and Introductions
4:10 Election of Chair and Vice Chair action
4:15 Procedural Details discussion
Per Diems
Minutes
Agendas
By laws (copy enclosed)
4:30 Minutes (enclosed) action
4:35 Committee Organization
Purpose /Bylaws
County Board Action (Resolution enclosed)
Attendance /membership (roster enclosed)
Related committees and groups
Subcommittees action
5:30 Regional Report - Jim Uttley
5:45 Staff Reports -Jeff Harthun
- Tim Goodman
- Lynn Anderson
- Warren Wilson
6:00 Discussion on above reports discussion /action
6:15 Other business to properly come before the committee
6:15 Meeting dates and agendas
SWMAC
Recycling Subcommittee
Routed and Organized Collection Subcommittee
Education Subcommittee
6:30 Adjourn
MINUTES
DAKOTA COUNTY SOLID WASTE MANAGEMENT ADVISORY COMMITTEE
DECEMBER 22, 1987
4:00 P.M.
ROSEMOUNT CITY HALL
ROSEMOUNT, MINNESOTA
Members Present Members Absent
Pat Ramel Mike McGowan - excused
Lee Knutson Betty Sindt - excused
John Curry Dick Meyer - excused
Floyd Forsberg Del Edwards - Excused
Burnell Beermann
Others Present
Lynn Anderson
Jeff Harthun
Warren Wilson
There was not a quorum present, therefore, no action wil be taken on the
agenda items. John Curry agreed to serve as Acting Chairman.
I Staff reports:
Jeff Harth':n reported that the 1.986 Solid Waste Licenses for facilities have
been issued; policies have been drafted for demolition wasce u t p td3,. 1
limesludge disposal; licensing decisions will be made on applications by
Knutson Rubbish, Dakhue landfill, Freeway Transfer Station, McNamara recycling
asphalt and concrete, Astleford recycling asphalt and concrete, SKB, and BFI
incinerator for hospital waste which is under the minimum size of 16 tons per
day to be licensed; the joint powers- agreements amoung Metropolitan counties
on surcharge will remain the same; and the City of Mineapolis has been using
the U of M property to dump fill which is excavated from a former dump.
Lynn Anderson reported that the Recycling Development grant had been
recommended to the Metropolitan Council, by its Environmental Review Committee
for approval; that under the County's funding assistance, Hastings will amend
their procedures to be consistent with other city programs; and that it is
likely that two new urban programs will be implemented in 1988, ie., the City
of Farmington and MSD in Eagan; staff is meeting with city staff to expand the
office paper program into the cities; a workshop is being planned for the
County Commissioners in January; and information is being sought for the
commercial /industrial recycling survey.
Warren Wilson reported that the alternative Central Processing site for
purposes of the EIS is still in the process of being selected; the vendor
negotiations are completed, when the site has been selected the vendors will
be given the site information and they will use it when putting their
proposals together; at its December 15 meeting the County Board approved the
retention of Richardson, Rickter Associates, a consultant, to assist in
preparing the Designation Plan.
There was no other business to properly come before the Committee, the meeting
was declared adjorned by Acting Chairman Curry.
Minutes
DAKOTA COUNTY SOLID WASTE ADVISORY COMMITTEE MEETING
Novemberl9, 1987
11:00 A.M.
Golden Steer Restaurant
South St. Paul, Minnesota
Members Present: Members Absent:
Mike McGowan Burnell Beerman (excused)
Betty Sindt John Curry (excused)
Lee Knutson Pat Ramel (excused)
Richard Meyer Floyd Forsberg (excused)
Del Edwards (excused)
Others Present
Clarence Sindt
Warren Wilson (Dakota County Staff)
Lynn Anderson (Dakota County Staff)
Chairman Mike McGowan convened the meeting at 11:20 A.M. The minutes of the
previous meeting were not ready for distribution or action.
Warren Wilson reported that Del Edwards would be unable to attend Solid Waste
Management Advisory Committee meetings for the next few months as she would be
involved with a major project.
I. Update on Flying Cloud Landfill Expansion
Warren Wilson went through the executive summary presented to the
Physical Development Committee on November 10. Recommendation to Committee
and Board from SWMAC had been to support horizontal expansion of Flying Cloud
Landfill. Committee recommended such action to County Board which approved it
on November 17.
II. Community Landfill Abatement Funding Assistance Program
Wilson distributed copies of executive summary outlining requests for
Human Services Board Committee recommendations for funds under this program.
Discussion.
Motion by Meyer, second by Sindt to recommend that funds be set aside
for those communities applying but that arrangements be made to get Hastings
on the same cycle as the other communities. Motion carried.
-2-
III. Routed and Organized Collection Task Force.
Dakota County Solid Waste Master Plan calls for development of
background materials on organized collection and routed collection of
recyclables to be used by urban cities in deter fining by 1990 the feasibility
of such collection. Committee discussed makeup Ted task force to develop such
a background study - one representative from each of the urban cities (13)
haulers (6), and members of the SWMAC (2).
Motion by Knutson, second by Sindt to recommend the formation of a task
force to study organized collection and routed collection of recyclables with
the chairman of the task force to be elected from the body of the group.
Motion carried.
The next meeting was set for Tuesday, January 25, 1988.
Motion by Meyer, second by Sindt to adjourn. Motion carried.
SWAC -11 -19
3 `�
UP
Dakota County/ Solidi Waste Managements
Volume 1, No. 3 January- February, 1988
County Begins Development of Recycling
Implementation Strategy
On February 2, the Dakota County Board held a workshop to discuss approaches to developing recycling pro-
grams in Dakota County. County Board members heard from Jerry Powell, editor of a national recycling
publication, and Dave Locey, manager of MSD Recycle, a recycling company with programs throughout the State.
General conclusions were that a variety of approaches to recycling are needed to create the highest rate of par-
ticipation. Public education and community involvement are important, mandatory programs are more effective
than voluntary, but are difficult to enforce. Markets for recycled materials need to be developed to insure cost ef-
fective programs. Separation of materials at the source was also said to be important to insure a higher market price
for the cleaner materials.
All of these issues will be addressed in the County Recycling Implementation Strategy, to be completed by
December 1, of this year. At a minimum, the Strategy must identify materials that will be recycled including at least
yard waste and three other materials, parties responsible and methods for recycling, determine the need for funds to
insure continued operation of programs and be consistent with the County's Solid Waste Master Plan.
The development of the strategy will involve extensive input from many parties, including communities,
County Solid Waste Advisory Committee, and citizens through public meetings and workshops.
The County's Solid Waste Master Plan
states that the Strategy will develop the roles of a
Materials Recovery Facility for recyclables and a
County yard waste compost program.The UPDATE is published by Dakota County,
Strategy will also detail community programs to serve the purpose of informing inter -
and how these programs will be incorporated ested parties of the County's progress
into the County's waste management program. with its resource recovery and landfill
abatement efforts. For more information,
contact the Department of Planning and
The County's Solid Waste Master Plan Program Management; 7300 West 147th
Aso states that the County will cost share net Street; Suite 503; Apple Valley, MN
operating costs for local programs on a 1:1 basis 55124; (612) 431 -1158.
with communities. This will assure long term
funding for these programs.
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Final Sites Selected For Resource
Recovery Facility
Next Step is Extensive Environmental Review Process
On January 26, the Dakota County Board selected two sites, a preferred and an alternate, to receive further
consideration as the location of the proposed resource recovery facility. Both sites are located in Rosemount, one
adjacent to Highway 52, one -half mile north of County Road 38, the other at the interchange of Highway 52 at
County Road 42.
The sites were determined following an extensive site screening analysis. The final report, completed by
Malcom Pirnie, Inc., the County's engineering consultant, stated the objective as being "to determine the location
of environmentally sound and economically feasible sites in Dakota County ".
The search area was defined as all areas within nine miles of the approximate center of waste generation for the
County. The nine mile radius was considered the economically feasible area for siting a resource recovery facility,
based upon previous studies. The search area was screened using objective, technical criteria developed from
previous siting reports and the consultants professional experience on similar projects.The primary screening
eliminated portions of the search area that were not acceptable for development of a resource recovery facility. Fac-
tors consider, a were zoning, resiaentai areas, topography, and parks /historical areas.
PREFERRED AND ALTERNATE SITES
Dakota County Resource Recovery Facility
Four potential siting areas were identified, \ . ! i I J - • 13 C
all of which were suitable based upon the criteria •• _ 13 is _ l=am - �_ ,
used. These areas were then subjected to a sec- - - + _
ondary considerations and constraints analysis � _ = ,----- .. - " - -- -
which ranked the sites based on technical, -• > - -,
evironmental, social and economic factors.
.. __
These included proximity to potential steam — _ F r ,
customers, site access, site expansion potential, "- -- .-
w\ I N
future land use plans, and location outside the -. Alternate site
air quality non - attainment area Based upon m I ..
these considerations, the final two sites were i 24
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selected. Copies of the report are available for _ -. �-
review at the Department of Planning and Pro- _. , I - _ :! -'
gram Management (431 - 1158). r - ..., \-:,------... ( l
r 1
7
- L.L - 1 - \\ .
s h . -j::: I__ _ i _ 7 \ _. , - -= -- . iii ' 1 _. 1 30 _.
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'N\ 1 Preferred Site -- i
— —1 . - .. 7 = - I 1
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County Solid Waste Committee Two Additional Public Meetings
Revamped For Wider Participation Set on Solid Waste Plan
The Dakota County Board has approved a Dakota County is sponsoring public infor-
major revamping of the structure of the Solid mational meetings to provide facts regarding the
Waste Advisory Committee to allow greater par- County's Solid Waste Management Program.
ticipation by citizens, local officials, and the solid The meetings will allow the opportunity to hear
waste industry, In the past, the Committee con- from County staff and consultants about the
sisted of 6 members appointed by the County County's Solid Waste Management Program and
Board and 3 county residents that served on the to ask questions.
Regional Solid Waste Advisory Committee, as re- The meetings are scheduled as follows: Thurs-
quired by state law. day, March 10th, West St. Paul City Hall Coun-
The new structure increases the number of
cil Chambers 6:00 P.M. -9:00 P.M. and Thursday,
County appointees to 9 and will also continue to March 17th, Dakota County Library, Eagan,
Lower Level Community Room 6:00 P.M. -9:00
include County residents who serve on the
P.M.
Regional Solid Waste Advisory Committee.
Three subcommittees will be formed to deal with There will be an Open House from 6:00 -7:30
topics of recycling, education, and waste collec- P.M., at which staff and consultants will be
tion. It is expected that appointments to the available to personally discuss the County's plans
subcommittees will be made in March. If intere- and programs and answer questions. Displays
sted, please contact the County Administration and reports will be available for review. The
Office (438 - 4418). public meeting will begin at 7:30 P.M.
Community Landfill Abatement Assistance Requests Received;
Guidelines To Be Reviewed
In order to promote Dakota County's recycling objectives, a total of $181,034.50 in direct grant funds have
been made available to communities to develop landfill abatement programs. Eleven cities in the County have ap-
plied for $106,933 in funding under the $1.00 per household program for projects ranging from establishment of
drop -off centers for recyclables to development of yard waste compost sites. A summary of the 1988 program is
included in the following table.
CITY SPONSORED ABATEMENT OBJECTIVES POTENTIAL COUM7 CONTRIBUTION
COMMUNITY PLANNED PROGRAM ESTIMATED TONS $1.00 HOUSEHOLD $.50 HOUSEHOLD 54.00 /TUN REBATE TOTAL
1. Apple Valley Attended Donation Center 1,551 17,907.00 8,953.50 6,204.00 33,064.50
Lakeville
Rosemount
2. Burnsville Attended Donation Center 1,174 16,427.00 8,213.50 4,696.00 29,336.50
3. Eagan Yard Waste Compost Site 1,057 14,161.00 7,080.50 4,228.00 25,469.50
MSD Redemption Center
4. Farmington Co—Composting Facility 143 1,900.00 950.00 572.00 3,422.00
t. Hastings Yard Waste Compost Site 363 5,116.00 2,558.00 1,452.00 9,126.00
6. Inver Grove Heights Attended Donation Center 1,777 51,422.00' 13,050.00 7,-08.00 71,580.00
Mendota Heights
West St. Paul
South St. Paul
7. Lilydale 13 259.00 129.50 52.00 440.50
8. Mendota 6 85.00 42.50 24.00 151.50
9. Sunfish Lake 13 121.00 60.50 52.00 233.50
10. Rural Cities Three Drop Off Centers 436 4,311.00 2,155.50 1,744.00 8,210.50
and Townships for Recyclables
TOTAL 6,533 111,709.00 43,193.50 26,132.00 181,034.50
25,322.00 CARRY OVER FROM 1987
The Dakota County Board will be considering approval of guidelines for the $.50 per household and $4.00 per
ton rebate programs in March. When the guidelines are approved applications for funds under these programs will
be reviewed.
What is "Best Available Control
Technology" (BACT)?
Early waste -to- energy plants were designed to control particulates only. In recent years, equipment to contrai
emissions of acid gas, such as sulfur dioxide, has been added to plants in Japan, Europe and , more recently the
U.S.
This past year, the U.S. Environmental Protection Agency announced it would require that emissions meet
standards based upon "the best available control technology, "or BACT. This requirement has been anticipated in
Dakota County's resource recovery facility, since the State Pollution Control Agency required BACT for Hennepin
County's facility early in 1987.
BACT includes a dry "scrubber" matched with fabric filters. A scrubber consists of a tower where lime is mix-
ed with the flue gas. The chemical reaction between the calcium in the lime and the acid in the flue gas turns the gas
into salts that are removed from the gas stream in the fabric filter. This system removes 70 of the sulfur dioxide,
90% of the hydrogen chloride, and 99.6% of the particulates; this is a suffient level to meet or exceed all air
pollution control requirements.
raore infurrnauon ua solid .,astc ,management ; Dakota County, please call the Department of Planning and
Program Management at 431 - 1158
Dakota County Department of
Planning and Program Management
7300 West 147th Street; Suite 503
Apple Valley, MN 55124
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