Solid Waste Management Coordinating Board

The meeting was called to order at 10:40 a.m.

Agenda Item #1. Consent Items.

a. Minutes of the February 23, 2005 Meeting and

b. Checks & Claims.

Commissioner Turner made a motion to approve the minutes of the February 23, 2005 meeting and the checks and claims as submitted. Commissioner Harris seconded the motion. The motion passed unanimously on a voice vote.

Agenda Item #2. Management and Policy.

a. Regional/County Solid Waste Master Plan Approval Status Report.

Art Dunn said that OEA approved the 2005 – 2024 Regional/County Solid Waste Master Plan. Mr. Dunn recognized that a lot of hard work went into this plan and complimented the region on its leadership, ambitious goals and excellent work. Mr. Dunn said the next step is for OEA and PCA to line up its activities to support the implementation of the Master Plan.

b. Legislative Issues.

i. E-Waste.

Staff distributed a summary of electronics recycling bills before the Minnesota Legislature. Commissioner Kordiak gave a brief update on the status of the bills. Commissioner Kordiak reviewed a list of municipalities and others in Minnesota that have adopted resolutions of support for electronic waste management legislation.

ii. Processing Credit.

Trudy Richter presented results of the Processing Credit Survey dated March 23, 2005. She noted that each of the member counties had received a survey to respond to questions raised at the February SWMCB meeting regarding the impact of the processing credit on MSW processing in the region. Ms. Richter said that an extension of the sunset date for the processing credit is most likely to come in the final hour of the legislative session.

iii. Inverse Condemnation.

Art Dunn said that HF 1365 has been introduced to provide inverse condemnation to haulers who lose business when cities organize collection. Trudy Richter presented a summary of key elements of the bill and the following proposed amendment to the SWMCB 2005 Legislative Package: The SWMCB supports legislation that would preserve options for counties and local units of government to secure waste necessary for efficient operation of waste processing facilities and to protect public health and the environment. Mary Richardson noted that the proposed amendment is consistent with policy positions adopted by the SWMCB in the past. Commissioner Reinhardt made a motion that the amendment be adopted as proposed. The motion was seconded by Commissioner Hegberg.

Commissioner Stafford asked whether counties can force cities to organize collection services. Ms. Richter replied that counties can not force cities to organize, but counties could organize collection countywide thereby forcing the cities to give up involvement in collection service.

Doug Carnival noted that he had spoken with AMC and MICA and neither of these organizations had any opposition to the bill. When cities organize, haulers lose business without being compensated for what they are losing. He noted that there should be compensation to a business that could no longer practice its trade.

Commissioner McLaughlin asked about the length of obligation. Doug Carnival noted that this law would only apply in cities that don’t currently have organized collection. The damage to the haulers would have to be determined by courts in ways they already use to determine fair market value for various businesses.

Commissioner Kordiak asked if the bill applies to cities with current contracts for waste services. Mr. Carnival replied that the law would only apply to cities that have open collection.

Commissioner Kordiak asked if there are examples of cities moving to single hauler collection. Mr. Carnival noted that a hauler in west central Minnesota lost many customers when the City of Echo organized and hired one of the hauler's former employees. Commissioner Kordiak noted that he supports a city's authority to organize collection and also appreciates the haulers' concerns.

Commissioner Reinhardt noted the cities usually decide to explore organized collection because they want to protect the environment and use taxpayer dollars sensibly. Mr. Carnival asked if there are savings in using organized collection, couldn’t those savings be used to compensate haulers losing business.

Commissioner Harris asked if the SWMCB had taken a position on this issue last year. Ms. Richardson indicated the proposed amendment is similar to the position the SWMCB took last year. Commissioner Harris noted that government makes a lot of procurement decisions, and government cannot compensate everyone that loses by these decisions. Inverse condemnation for garbage services could transfer to a lot of other types of service.

Mr. Carnival noted that last year’s bill applied to all services. This year’s bill applies only to garbage services and counties are exempt. Mr. Tilley noted that counties could be included in the future.

Motion passed on a voice vote. Dakota County Commissioner Turner voted nay.

Mr. Tilley reviewed the legislative tracking report dated March 22, 2005.

c. Update by OEA on Industrial Waste Issue.

Art Dunn said that OEA convened meetings with a diverse group of stakeholders to review how waste is being managed and resulting impacts on solid waste management tax revenue. Mark Rust and Paul Smith distributed and reviewed data on 1999 – 2004 solid waste tax revenue and the findings of the stakeholder meetings.

Commissioner Reinhardt noted that there was not enough time for OEA to do an in-depth analysis and that Ramsey and Washington Counties have seen significant changes in how waste is being managed. Commissioner Reinhardt noted that clearly there is a question about what is and is not industrial waste. Commissioner Reinhardt introduced the following proposed definition of industrial waste:

“Industrial solid waste” means solid waste resulting from an industrial, manufacturing, service, or commercial activity that is managed as a separate waste stream. Industrial solid waste does not include packaging waste, unless the packaging is contaminated with material that renders the packaging in need of special management or is incidental packaging included with industrial waste for disposal or is packaging utilized for transporting industrial solid waste. Industrial solid waste does not include office materials, restaurant and food preparation waste, discarded machinery, demolition debris, municipal solid waste combustor ash, or household refuse.

Commissioner Reinhardt made a motion that the SWMCB approve the proposed definition of industrial waste as presented. Commissioner Johnson seconded the motion.

Commissioner McLaughlin said the SWMCB needs more time to discuss this issue because the full implications of a definition change are not known. Commissioner McLaughlin moved to table action on the revised language until the next meeting. The motion was seconded by Commissioner Turner. Chair Stafford called for a vote on the motion to table. The motion failed.

Mr. Tilley suggested that the matter be referred to a Committee of the Chair, Vice Chair and Treasurer because delaying the discussion to the next meeting will not meet the legislative deadline. The Chair, Vice Chair and Treasurer could work with industry to refine the definition and check in with members of the SWMCB before taking action.

A friendly amendment to the motion was made and accepted to refer the issue to the Committee of the Chair, Vice-Chair and Treasurer to decide whether to proceed with a legislative initiative. The decision on whether to proceed would be made by the Committee after consultation with the other counties and the Committee should bring the issue back to the full SWMCB for further discussion in April. The motion passed.

Agenda Item #3. Communications & Outreach: Compost Bin Distribution Program.

Mary Richardson noted that it is the SWMCB’s goal to sell 8,000 bins and kitchen food waste buckets during the upcoming distribution. Each bin will be sold for $30.00. Staff handed out the Free Compost, Dirt Cheap bin distribution flyer.

Agenda Item #4. Other

There being no further business, the meeting adjourned at 12:00 p.m.

Members Present:

Commissioner Dick Stafford, Washington Co.

Commissioner Jim Kordiak, Anoka Co.