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DocuSign Envelope ID:BD0910DB-A076-4C71-BB36-0135BC551975 <br /> Minn. Stat. § 473.848 RESTRICTION ON DISPOSAL. <br /> Subdivision 1.Restriction. <br /> (a)For the purposes of implementing the waste management policies in section 115A.02 and <br /> metropolitan area goals related to landfill abatement established under this chapter,a person may not <br /> dispose of unprocessed mixed municipal solid waste generated in the metropolitan area at a waste <br /> disposal facility unless the waste disposal facility meets the standards in section 473.849 and: <br /> (1)the waste has been certified as unprocessible by a county under subdivision 2;or <br /> (2)(i)the waste has been transferred to the disposal facility from a resource recovery facility; <br /> (ii)no other resource recovery facility serving the metropolitan area is capable of processing the <br /> waste; and <br /> (iii)the waste has been certified as unprocessible by the operator of the resource recovery facility <br /> under subdivision 3. <br /> (b)For purposes of this section,mixed municipal solid waste does not include street sweepings, <br /> construction debris,mining waste,foundry sand,and other materials,if they are not capable of being <br /> processed by resource recovery as determined by the council. <br /> Subd.2.County certification;office approval. <br /> (a)By April 1 of each year,each county shall submit an annual certification report to the office <br /> detailing: <br /> (1)the quantity of waste generated in the county that was not processed prior to transfer to a <br /> disposal facility during the year preceding the report; <br /> (2)the reasons the waste was not processed; <br /> (3)a strategy for development of techniques to ensure processing of waste including a specific <br /> timeline for implementation of those techniques; and <br /> (4)any progress made by the county in reducing the amount of unprocessed waste. <br /> The report shall be included in the county report required by section 473.803,subdivision 3. <br /> (b)The Pollution Control Agency shall approve a county's certification report if it determines that <br /> the county is reducing and will continue to reduce the amount of unprocessed waste,based on the report <br /> and the county's progress in development and implementation of techniques to reduce the amount of <br /> unprocessed waste transferred to disposal facilities.If the Pollution Control Agency does not approve a <br /> county's report,it shall negotiate with the county to develop and implement specific techniques to reduce <br /> unprocessed waste.If the Pollution Control Agency does not approve two or more consecutive reports <br /> from any one county,the Pollution Control Agency shall develop specific reduction techniques that are <br /> designed for the particular needs of the county. The county shall implement those techniques by specific <br /> dates to be determined by the Pollution Control Agency. <br /> Subd.3.Facility certification. <br /> The operator of each resource recovery facility that receives waste from counties in the <br /> metropolitan area shall certify as unprocessible each load of mixed municipal solid waste it does not <br /> process. Certification must be made to each county that sends its waste to the facility at intervals specified <br /> by the county. Certification must include at least the number and size of loads certified as unprocessible <br /> and the reasons the waste is unprocessible.Loads certified as unprocessible must include the loads that <br /> would otherwise have been processed but were not processed because the facility was not in operation, <br />