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Waste Designation Governance: Impact, Benefits, and Costs Analysis

Explore the implications of enforcing Metro Waste Processing Statute, governance options, and potential impacts on waste management facilities and services. Analyze benefits, costs, and considerations in waste designation process.

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Waste Designation Governance: Impact, Benefits, and Costs Analysis

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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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