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

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a number of ways. They include use of swales, ditches or dikes to divert runoff away from the fill area, sedimentation ponds, and storm water detention ponds to control erosion, flooding and rate of discharge into receiving body. In addition, special precautions are necessary in agri- cultural areas that are extensively tiled to prevent leachate from being drawn into the tiles. The operation of the landfill is also to be regu~ lated to control surface and groundwater water Rollutiono Only certain types of wastes are acceptable for disposal in a solid waste landfill. In addi'tion, landfill operators are required to be certified by the MPCA. The certification of operators by the state requires a mini~ mum level of education and experience to ensure better operation and control of landfills than in the past° Water pollution is not typically a problem associated with resource recov- ery facilities because waste materials are not placed into the ground for long periods of time. Some resource recovery facilities, such as compost° ing facilities, are operated on pavement or other hard surface for easier operation and handling of waste materials. Surface water runoff control measures are needed at these facilities. The MPCA regulates the design, operation and closure of compost facilities. Groundwater contamination is a serious Problem because it is often a source of drinking water. Also, once contaminated, an aquifer is diffi- cult, if not impossible, to clean of harmful pollutants. Public comments heard by the Council and the advisory committee during the landfill siting process indicated the desirability of immediate relief for problems as they occur at landfills. Under existing state law, money for cleanup costs is not easily or readily accessible. Fur- thermore, the MPCA lacks the authority to correct problems if the current owner declines. In suing for damages caused by the pollution, injured persons may find that litigation may take several years before the issue is resolved. In addition, it is difficult to meet the burden of proof required to support an award of monetary damages. Consequently, Minnesota needs a compensation fund to provide immediate relief to persons or municipalities or townships affected by pollution from solid waste landfills. This means that the affected citizen or community is assured the state will take appropriate action to provide relief from the pollution problem immediately after it is identified. The fund would provide the MPCA the necessary monies and legal authority to take remedial actions once the problem is identified and evaluated. Such actions would not have to wait for the courts to require the owner to take action or pay damages. Placing the burden of the external costs of landfills upon waste gener- ators will encourage them to reduce their wastes. Therefore, the compen- sation fund should be financed by the generators of solid waste. A uni- form measurement~ such as a charge per unit of solid waste~ should be the basis for financing this fund. .I I i I I I I I I I I I I I I I I I I