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RES 12-45 RESOLUTION 12-45 1111 A RESOLUTION OF THE CITY OF ELK RIVER A RESOLUTION TO SUPPORT PROMPT ENFORCEMENT BY THE MINNESOTA POLLUTION CONTROL AGENCY OF MINNESOTA STATUTES, SECTION 473.848 WHEREAS, the goals of the City of Elk River are in agreement with the goals of the State of Minnesota, delineated in Minnesota Statutes, Section 115A.02, which states: "It is the goal of this chapter to protect the state's land, air, water and other natural resources and the public health by improving waste management in the state to serve the following purposes: (1) reduction in the amount and toxicity of waste generated; (2) separation and recovery of materials and energy from waste; (3) reduction in indiscriminate dependence on disposal of waste; (4) coordination of the solid waste management among political subdivisions;and (5) orderly and deliberate development and financial security of waste facilities, including disposal facilities."; and WHEREAS, Minnesota Statutes, Section 473.848, placing restrictions on the disposal of unprocessed mixed municipal solid waste generated in the metropolitan area, was adopted in 1985 for the purposes of implementing the policies established in Section 115A.02; and 411 WHEREAS, the City of Elk River has a long standing policy of supporting those initiatives that reduce the need for indiscriminate land disposal of solid waste through various waste reduction, recycling, and resource recovery efforts; and WHEREAS, Minnesota Statutes, Section 473.848 has been in law for 27 years and, pursuant to this law, significant investments have been made in processing facilities to reduce dependence on indiscriminate land disposal of mixed municipal solid waste; and WHEREAS, the City of Elk River has licensed and supports Great River Energy's Elk River Resource Recovery Project,which is currently processing mixed municipal solid waste into Renewable Energy so that it need not be landfilled; and WHEREAS, in 2005, the MPCA became responsible for enforcing Minnesota Statutes, Section 473.848 and;beginning in late 2010,the MPCA began studying how to enforce the provisions of this statute;and WHEREAS, enforcement of Minnesota Statutes, Section 473.848 will provide direct benefits to the public by reducing the indiscriminant landfilling of mixed municipal solid waste; and • N:\Public Bodies\City Council\Council RCA\Agenda Packet\08-20-2012\Resolution of MPCA.doc WHEREAS, enforcement of Minnesota Statutes, Section 473.848 will ensure that processing facilities receive their operational capacity of mixed municipal • solid waste, thereby greatly reducing the need for public subsidies; and WHEREAS, enforcement of Minnesota Statute 473.848 will not adversely impact existing or potential expansions to methane/landfill gas to energy facilities;and WHEREAS, Minnesota Statutes, Section 473.848 is good public policy that encourages the recovery of resources, including renewable energy and recvclables, from mixed municipal solid waste; and WHEREAS, the City of Elk River is not concerned about potential reductions in host community/expansion fees and/or surcharge fees due to the enforcement of Minnesota Statutes, Section 473.848. NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River to continue to support the processing of mixed municipal solid waste as a preferred management option to land disposal and further supports the MPCA's prompt enforcement of Minnesota Statute Section 473.848 in such a way that the existing capacity of facilities that manage mixed municipal solid waste through the separation and recovery of materials and energy is maximized and opposes any further delays to such enforcement that additional studies or other actions may cause. Passed and adopted this 20th day of August, 2012. d • NAI In J. Hietz, M. or ATTEST: Tina Allard, City rk N:\Public Bodies\City Council\Council RCA\Agenda Packet\08-20-2012\Resolution of MPCA.doc