Agenda - Council - 05/31/1983 - Laserfiche WebLink

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I I I I I I I I I I I I I I I I I RECOMMENDATIONS All recommendations in this report apply to new and existing waste dis- posal facilities unless specified otherwise. The Legislature should establish a state or Metropolitan Area compen- sation fund to provide immediate 'relief to persons or local units of government affected by adverse impacts from solid waste landfills. The fund should be financed by the generators of solid waste, and uniform measurement should be used as the basis for financing the fund. The vast majority of this fund should be reserved for past, existing and future solid waste landfills. The state should enact, by statute, a standard of liability to ensure it is reasonably able to recover compensation for damages. 5 The Legislature should require the Minnesota Pollution Control Agency or metropolitan counties to require all landfill owners/operators to provide appropriate supplemental financial guarantees including, insurance, self-insurance, trust funds, surety bonds, escrow accounts, etc., to ensure potential problems will be taken care of during the landfill's operation, closure and after its closure. 5 The Legislature should require publicly owned waste facilities to make a payment in lieu of taxes (PILOT) annually during its opera- tion. The payment should be calculated at the current year mill rate, be over and above any statutory levy limitations and be based on an industrial property tax classification rate. The payment could be arranged so that the county or other public body would compensate the municipality or township, school district and other taxing dis- tricts by a contract for PILOT or the usual taxing mechanism. e The waste facility owner should compensate the local unit of govern- ment for all its indirect costs including, but not limited to, dis- ruption 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 its indirect costs from waste facility owners. If a contract or agreement cannot be achieved, the legislature should grant the Council the authority to establish an agreement. 5 The Legislature should require that all solid waste facilities compen- sate the municipality or township for hosting the waste facility. The mechanism for payment will be determined by negotiation between the waste 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 Council the authority to prescribe a mandatory payment mechanism. 4