115A.545 Mixed municipal solid waste processing payment. 

    Subdivision 1.    Definition.  (a) For the purpose of 
 this section, the following terms have the meanings given them. 

    (b) "Processed" means mixed municipal solid waste that has 
 been: 

    (1) burned for energy recovery; or 

    (2) processed into usable compost or refuse derived fuel. 

    (c) "Processing facility" means a facility designed to burn 
 mixed municipal solid waste for energy recovery or designed to 
 process mixed municipal solid waste into usable compost or 
 refuse-derived fuel. 

    (d) "County" includes a consortium of counties operating 
 under a solid waste management joint powers agreement.  

    Subd. 2.    Processing payment.  (a) The director shall 
 pay counties a processing payment for each ton of mixed 
 municipal solid waste that is generated in the county and 
 processed at a resource recovery facility.  The processing 
 payment shall be $5 for each ton of mixed municipal solid waste 
 processed.  

    (b) The director shall also pay a processing payment to a 
 county that does not qualify under paragraph (a) that 
 constructed a processing facility and that either: 

    (1) contracts for waste generated in the county to be 
 received at a facility in that county; or 

    (2) has a comprehensive solid waste management plan 
 approved by the director under section 115A.46 that demonstrates 
 the intention of the county to make the processing facility 
 operational. 

    The processing payment shall be $5 for each ton of mixed 
 municipal waste generated in the county and delivered under 
 contract with the county. 

    (c) By the last day of October, January, April, and July, 
 each county claiming the processing payment shall file a claim 
 for payment with the director for the three previous months 
 certifying the number of tons of mixed municipal solid waste 
 that were generated in the county and processed at a resource 
 recovery facility.  The director shall pay the processing 
 payments by November 15, February 15, May 15, and August 15 each 
 year.  

    (d) If the total amount for which all counties are eligible 
 in a quarter exceeds the amount available for payment, the 
 director shall make the payments on a pro rata basis.  

    (e) All of the money received by a county under paragraph 
 (a) must be used to lower the tipping fee for waste to be 
 processed at a resource recovery facility. 

    (f) Amounts received by a county under: 

    (1) paragraph (b), clause (1), must be used to lower the 
 tipping fee for waste received at a waste management facility 
 within the county for waste received under contract with the 
 county at a facility in the county; or 

    (2) paragraph (b), clause (2), must be used to assist in 
 making the county's processing facility operational.  

    Subd. 3.    Expiration date.  The payment in subdivision 
 2 expires on July 1, 2005.  For waste delivered to a resource 
 recovery facility from April 1, 2005, to June 30, 2005, a county 
 must submit payment claims by July 31, 2005.  The director shall 
 make the final mixed municipal solid waste processing payments 
 by August 15, 2005. 

    HIST: 1Sp2001 c 2 s 124; 2002 c 220 art 8 s 12,13