HF3842

Purpose

• Establish a prohibition to protect students and school communities by preventing new solid waste disposal facilities from being located too close to schools. Specifically, no permit may be issued for a new disposal facility if the site is within 1320 feet of an elementary or secondary school.

Main Provisions

• Adds a siting rule to Minnesota Statutes Chapter 115A (new section 115A.9175) titled “Siting Prohibition for Disposal Facilities.”
• Requirement: The commissioner must not issue a solid waste management facility permit for a new disposal facility if the site is within 1320 feet of an elementary or secondary school.
• Applies to new disposal facilities (not clearly describing expansions or existing facilities).

Changes to Existing Law

• Creates a new, explicit distance-based prohibition in the environmental statute (Chapter 115A) that prohibits permitting new disposal facilities too close to schools.
• Establishes a formal permitting barrier enforced by the commissioner for nearby sites.

Practical Impact and Considerations

• Planning and site selection for proposed waste disposal facilities must ensure a minimum distance of at least 1320 feet from any elementary or secondary school.
• Communities near schools may see changes in where new disposal facilities can be located.
• Prospective developers will need to identify alternative sites outside the 1320-foot zone to obtain permits.

Notes

• The term “disposal facility” refers to sites used for solid waste disposal, and the decision authority is the commissioner (under Minnesota environmental regulation).

Relevant Terms - 1320 feet - elementary school - secondary school - solid waste management facility permit - disposal facility - siting prohibition - Minnesota Statutes Chapter 115A - commissioner - new disposal facility - permit denial