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Waste Delivery & Project Governance Issues

Waste Delivery & Project Governance Issues. Sara Bergan • Kevin Johnson Stoel Rives LLP. Ramsey-Washington Project Board • September 25, 2014. Metro Waste Processing Statute. Minn. Stat. § 473.848

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Waste Delivery & Project Governance Issues

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  1. Waste Delivery & Project Governance Issues Sara Bergan • Kevin Johnson Stoel Rives LLP Ramsey-Washington Project Board • September 25, 2014

  2. Metro Waste Processing Statute • Minn. Stat. § 473.848 • Restricts disposal of unprocessed Mixed Municipal Solid Waste (MMSW) unless it has been certified as unprocessible • MPCA’s 2011 Revised Policy Plan • Maximize use of existing resource recovery facilities • Begin enforcing §473.848 • Criteria for determining when MMSWunprocessible • 2012 MPCA Report to Legislature on § 473.848 • Landfills not in compliance with restriction on disposal • Proposes amending landfill permits to restrict landfills from accepting unprocessed metropolitan MMSW

  3. Metro Statute Litigation • 8.16.13:WM Petition for Declaratory Order Prohibiting MPCA Enforcement • 12.20.13:ALJ Dismisses Petition • Determines MPCA strategy is a rule but is exempt from rulemaking procedure • MPCA Policy Plan is exempt from rulemaking • MPCA action merely enforces § 473.848 • 8.11.14: Court of Appeals Affirms ALJ • 9.10.14: WM Petitions MN Supreme Court • 11.10.14: Supreme Court Deadline to Grant or Deny

  4. Implications of Enforcement • How Could Enforcement Impact the Newport RDF Facility? • Would Appear to Have Potential to Increase MMSW Delivered • However, MPCA to Enforce Only at MN Landfills • Ramsey-Washington: ~80,000 tons MMSW Landfilled • 36,000 (Advanced: Eau Claire, WI Facility) • 22,000 (WM: Elk River and Spruce Ridge Facilities in MN) • 22,000 (Republic: Pine Bend Facility in MN) • Current Out-of-State Landfilling Could Continue • Potential to Increase Out-of-State Landfilling Depending Upon Waste Management and Republic Response • What’s Next?

  5. Waste Designation Benefits • Capture 80,000 Tons MMSW Currently Landfilled • More Focused, Predictable Long Range Planning • Mitigate Risks of Private Sector Ownership Changes • More Transparent Financing of Waste Management Services • Potential for Increased Waste Reduction & Recycling • Other Environmental Benefits of More Robust System, Such as Greenhouse Gas Reduction

  6. Waste Designation Costs • Cost and Risk of Public Ownership & Operation • Potential Route Adjustments for Haulers • Landfills Currently Receiving Waste Will Be Impacted • Hauler Opposition and Potential Legal Challenges

  7. Waste Designation Process • Considerations: • Joint Designation Plan • Designated Service Areas • Wastes Subject to Designation • Designated Facilities/System • Consistent MPCA Policy Plan, Master Plans and Designation Plan • Potential Continued Use of Hauler Agreements

  8. Governance Options Two Primary Options: • Joint Powers Board (Minn. Stat. § 471.59) • Ramsey-Washington is currently utilizing • Waste Management District (Minn. Stat. § 115A.62-.72) • Entirely new undertaking; Statute not yet used • MPCA has not promulgated required rules

  9. Governance Options

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