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RECEIVED <br />DEC 2 9 1889 <br /> <br />Council's plan requirement to establish a limited amount of new landfill <br />capacity in response to regional needs. The Council plan contains a <br />schedule for development of the needed capacity in concert with the <br />candidate landfill siting process or possible independent private <br />initiatives. The plan contains permit review criteria indicating that <br />counties, with Council approval, may have to override local ordinances in <br />order to site a needed facility. A local ordinance in a candidate landfi~ <br />site community with an explicit purpose to prohibit any landfill use <br />viewed as a threat bY the city cannot "embody" the Council plan' <br /> <br />Second, the proposed ordinance appears to imply that the local community <br />should be the final arbiter of planning, developmen~and-regu~a~mry <br />that are responsibilities of other governmental levels. Many of these <br />responsibilities are subject to the authority of broader based <br />governmental units Regional development conflicts between system needs <br />like airports, parks and landfills should be addressed through policy <br />development by the Council. Facility design and financial assurance <br />requirements should be established through facility operating permits and <br />county licenses instead of local ordinances. Local control over waste <br />management facility requirements does not "embody" Council policy. <br />Council waste management policies and review criteria place response to <br />critical widespread needs and overall protection of the environment ahead <br /> <br />The proposed ordinance asserts the citymay exercise final control in <br />terms of: set-backs from roads, parks and dwellings; financial security <br />assurances (provisions that duplicate MPCA financial assurance <br />requirements and exceed the statutory authorization for city fees on land <br />disposed waste); MPCA permit variances or special conditions; local <br />perogative to act upon Judgments about health risk implications associated <br />with site geology, proximity to water bodies and off-site pollution <br />sources; and excavation restrictions (provisions applying solely to <br />landfills). These are all provisions that could allow a city to <br />unreasonably interfere with landfill operations. <br /> <br />Thank you for seeking Council input regarding the proposed ordinance.~~~ <br />Solid waste management is a regional problem requiring joint cooperation.% <br /> <br />Sincerely, <br /> <br />Steve Keefe, Chair <br /> <br />cc: Ken Kunzman <br /> <br /> <br />