Agenda - Council - 10/25/1983 - Laserfiche WebLink

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m~ I I I I I I I I I I I I I I I I I 5 closure of solid waste facilities. The financial guarantees should be in the form of insurance, self-insurance, trust funds, surety bonds, and/or escrow accounts, etc. The MPCA should also be empowered to reduce the payment of the fee to the Solid Waste Environmental Compensation Fund for the operator of any solid waste facility that provides appropriate financial guarantees regarding the above. The Legislature should require publicly owned solid waste facilities to make a payment in lieu of taxe~{PILOT) to the local governmental unit annually during their operation. The PILOT would cover the usual and customary expenses incurred by the local 'unit of govern- ment for serving the waste facility.The payment should be calculated at the current year mill rate, be over and above any statutory.levy limitations. It should be based on an industrial property tax classification rate. The payment could be arranged so the county or other public body would compensate the municipality or township, school district and other taxing districts by a contract for PILOT or the usual taxing mechanism. The solid waste facility owner should compensate the local. unit of government for all indirect costs attributable to the facility. They may include, but are not limited to, disruption of planned sewer or water services, road maintenance costs incident to waste facility use, litter control, monitoring costs, end-use planning and special assessments for utilities. The Legislature should grant municipalities and townships the authority to recover their indirect costs from solid waste facility owners. If a contract or agreement cannot be achieved, the legislature should grant the Metropolitan Council the authority to establish an agreement. ~ The indirect costs referred to are those costs over and above the normal costs incurred by the local unit of government. The contract here should give the appropriate credit for the PILOT-or property tax payments made to the local unit of government. The Legislature should require that all landfills compensate the municipality or township for hosting the facility. This compensa- tion would be in addiltion to any PILOT, property-tax revenue, or payment for indirect costs or damages. The mechanism for payment should be determined by negotiation between the facility owner and the local unit of government. The mechanism may include a lump sum .payment, annual payments or other mutually acceptable payment mechanism. If a mutually acceptable agreement cannot be reached, the Legislature should grant the Metropolitan Council the authority to prescribe a mandatory payment mechanism. The Legislature should establish a uniform measure of compensation to the local unit of government based upon a percentage of the total weight, volume or gross receipts of the landfill. The Legislature' should require that the MPCA develop rules and stan- dards for end uses for landfills to protect public health and safety and environment. m