Agenda - Council - 05/28/1985 - Laserfiche WebLink

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Representative John Hartinger -2- April 19, 19.85 It seems fairly clear that, since the proceeds of the fees are to be paid into the general fund for the stated purposes, that any type of 9overnmental expenditure of the sort the city is otherwise empowered to make may be made from the funds collected pursuant to Section 115A.921 if the expenditure is reasonably occasioned by the operation, or effects of, landfill facilities. Thus, it is reasonable to say that, since statutory cities are generally authorized to provide for supplying of water to citizens and to provide and regulate the collection and disposal of garbage, (See.t e.g., S 412.221, Subd. 11 and Subd. 22), expenditures in those areas caused by or related to particular landfill operations could be paid from the funds in question. These might include: (1) costs of rendering city public water supplies safe from landfill-caused pollution; (2) costs of providing health information pertinent to mitigating and preventing landfill damages; and (3) governmental costs, including attorney fees incurred by the city in administering these or similar programs. Whether the funds may be expended to reimburse individual citizens for essentially personal expenses caused by damages from the landfill, however, presents a more difficult question for which I do not presently have a comfortable response. While the language of Section 115A.921 is arguably broad enough to encompass reimbursement of private expenses from damages caused by the private landfill, more explicit language is normally used by the legislature when government reimbursement of normally private personal expenses is intended. See, e.g., Minn. Stat. § 611A.51 - 611A.67 (Crime Victims Reparations). Thus it is not clear whether reimbursement of such private expenses was intended. I have as yet located no legislative history which indicates that such reimbursements were necessarily intended. I have been told by persons at the Pollution Control Agency that some legislative discussions at the time the bill was enacted dealt with such customary city expenses as fire protection and road repair which could be increased by presence of a landfill. If you could have the Ramsey City Attorney contact me concerning the specific circumstances involved and his analysis of the authorities, we may be in a better position to render an opinion in the matter. I regret that I have not been able to be of greater assistance but I hope this information is of some help. Very truly y~urs, ~ - KENNETH E. 'RASCHKE, JR.' Assistant Attorney General KER:jd