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I <br />I <br />I <br /> <br /> I <br /> I <br /> I <br />I <br /> I <br /> I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />-4- <br /> <br />the governing unit, (c) specification of the type of processing <br />facility for an area, (d) other alternatives. <br /> <br /> The WMB is a statutory agency of the State of Minnesota with <br />responsibility, for identifying areas which may be used for the <br />establishment of commercial hazardous waste processing facilities. <br />The-.nine .member board includes eight citizen members, one from <br />each of the state's Congressional districts, and a full-time' <br />chairman who' is a state employee. The board is the final decision <br />making ahthority of the a~ency. The chairman, in addition to <br />being a member of the board, is also the executive and operating <br />officer of the board and as such is authorized by statute to carry <br />out the executive and administrative functions of the board. The <br />WMB staff is supervised by the chairman. <br /> <br /> Pursuant to Minn. Stat. § 115A.09 (1982), the WMB is required <br /> to prepare an inventory of areas of up to ten square miles in size <br /> for commercial hazardous waste processing facilities. The <br /> inventory must include at least three areas for each of the <br /> following categories of processing facilities: (a) a commercial <br /> chemical processing facility for hazardous waste, (b) a commercial <br /> incineration facility for hazardous waste, and (c) a commercial <br /> transfer and storage facility for' hazardous waste. The Minnesota <br /> Pollution Control Agency is required to prepare a report on the <br /> suitability of each proposed area for the use intended. Sites <br /> within areas that are on the WMB processing facility inventory may <br /> qualify for supplementary review by the WMB. If .a facility <br />'developer obtains a Pollution Control Agency permit for a facility <br /> within an inventoried area but a political subdivision refuses to <br /> approve the establishment or operation of the facility, a petition <br /> may be filed with the WMB requesting review of the decision of the <br /> political subdivision. If~ on the-basis of review criteria <br /> adopted by the ?~B the WMB approves the facility,, the WMB approval <br /> supersedes the decision of the political subdivison. Minn. Stat. <br /> §§ 115A.32-.39 (1982). <br /> <br /> On April 22, 1982, eight (8) outstate (outside the seven <br />county Twin Cities metropolitan area) areas were placed on <br />the %~MB inventory of preferred areas for hazardous waste <br />processing facilities. A reexamination of the Twin Cities <br />metropolitan area for possible Preferred areas will be <br />accomplished before the ?~B inventory is completed. <br /> <br /> The procedure for selecting areas to complete the final <br />inventory is as follows: <br /> <br /> 1. The Waste Management Board develops criteria for selecting' <br />preliminary areas in the Twin Cities metropolitan area, including' <br />those criteria required to be considered by Minn. Stat. § 115A.09, <br />subd. 2 and applies that criteria to identify preliminary areas; <br /> <br /> <br />