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July 29, 1987 <br />Page Two <br />would preclude the use of inventory sites as future landfills <br />until the site selection process is completed. This state law <br />requires Metropolitan Council approval of actions by municipal <br />subdivisions which have .the potential for jeopardizing the <br />availability of a site for use as a solid waste facility., <br />Moreover, the statute precludes the Metropolitan Council from. <br />approving any local governmental actions which would jeopardize <br />the availability of such sites for use as future solid waste <br />facilities until such time as the site selection process is <br />completed. Because the City has not obtained Metropolitan <br />Council approval for the proposed ordinance, it is WMMI's <br />position that the City is not authorized under the statute to <br />enact the ordinance. It is also WMMI's position that the <br />ordinance could not be approved by .the Metropolitan Council <br />because the ordinance would, on its face, preclude the use of <br />Site P as a future landfill site before the siting .process has <br />been completed. <br />2. The City cannot ado t the ordinance because it is <br />inconsistent with Metro olitan Council so id waste olicies and <br />lp ans. Minn. Stat. 471.811 subd. 4a provides that local <br />ordinances must be consistent with Metropolitan solid waste <br />policies and plans: <br />"Ordinances of counties and local government units <br />related to or affecting waste management shall <br />embody plans, policies, rules, standards and <br />requirements adopted by any state agency <br />authorized to manage or plan for or regulate the <br />management of waste and the waste management plans <br />adopted by the council and shall be consistent <br />with county master plans approved by the council." <br />Because the proposed ordinance conflicts with these metropolitan <br />solid waste policies and plans, its adoption by the City would <br />violate state law. <br />3. The ordinance would not prevent- development of Site P. <br />As a matter of law, the proposed ordinance, if ultimately <br />adopted, cannot prevent Anoka County from operating Site P as a <br />landfill if Site P is selected and acquired for a future landfill <br />