INFORMATION #1 06-06-1994
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~ h River TO:
INI='O
RAfAt/ON
MEMORANDUM
MAYOR, CITY COUNCIL, AND
PLANNING COMMISSION MEMBERS
STEPHEN ROHLF, BUILDING
AND ZONING ADMINISTRATOR
JUNE 2,1994 sf<.
SUBJECT: SUPREME COURT DECISION ON MSW
INCINERATOR ASH
FROM:
DATE:
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The Council and Planning Commission may of heard the comment that the
Supreme Court recently ruled that municipal solid waste (MSW) incinerator
ash is a hazardous waste. This is not actually the case. The Supreme Court
ruling was that MSW incinerator ash is not exempt from the Federal
hazardous waste rules. Incinerator ash must be tested to determine whether
or not it has contaminates at a level which would define it as a hazardous
waste.
United Power Association is in the process of doing composite testing on their
ash. They are confident that their ash will not show contaminates at the
hazardous waste level. Staff will keep you updated on UPA's situation,
however we feel that their ash will continue to be allowed to be disposed of at
NSP's landfill in Becker.
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infoSR-council
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
BY: Xerox Te I ecopi er 7021 ; 5- 3-94 9: 29
6122969707'"
6122412366:# 2
News Release
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Printed on rac:ycJad paper with at
lellt 10% ftbe/'8 from paper
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Minnesota Pollution Control Agency
520 Lafayette Road North, St. Paul, Minnesota 551554194
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R IMMEDIATE RELEASE May 2, 1994
Contact: Scott HvidsteIi (612) 297.1607 (voice)
(612) 282-5332 (TTY)
Toll free 1-800-657-3864 (voice/Tn')
MPCA B}:SPONDS IO U.S. ~u.eREME COURU,ECISfON ON MSYilliCfNERATOR ASH
The 1fumesota Pollution Control Agency (MPCA) responded to a u.s. Supreme Court
I' g today declaring that m~dpal solid waste (MS'\^/) incinerator ash is not exempt from
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feCieral hazardous, waste rules. -The ruling came after the Court heard the City of Chicago
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versus the Environmental Defense',Fund 'case regarcilitg whether or not ash from the City of
Clhcago's Northw:est waste-to-energy facility .was subject to federal hazardous waste rules.
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The MPCA said that it is working with the Minnesota Attorney General's Office to study the.
Supreme Court's ruling and opinion to ~etermfne its effect on Minnesota's MSW ash disposal
ruies, its 12 MSW incinerators and the 9 MSW ash-only landfills in the state. '
While MPCA Commissioner Charles W. Williams said that the Court's ruling may h~v~ far-
reaching impact on ash disposal in Minnesota, he emphasized that the waste is currently being
mJnaged and disposed of saIe1y and in an envirorunentally protective manner In Minnesota.
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'~ven though we .have not yet determin~ the effect of this ruling on the state's solid waste
incinerators and landfills, we are confident that we have been managing incinerator ash
re+onsiblY and in a way that protects our state's environment and the health or its dtizens,"
saio. Williams. 'We also have ~vera1 years of experience arid data that show that leachate from
asa landfills is actually well below federal hazardous waste values.". Leachate is created when
r~ and melting snow seep through burled waste.
~ams'POlnted out that tne stai~ s MSWash disposal rules are stringent and provide for
en;rrronmentally protective liner and leachate collection systems that collect and treat leachate
so that is cannot affect the environment. In fact, he added; if incinerator ash shows a high level
of l~aching potential, :Minnesota's rules require an ash landfill with a liner design consistent
with a federal hazardous waste landfill liner.
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BY:Xerox Telecopier 7021 5- 3-94 9:29
6122969707"
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. U.S. Supreme Court Incinerator Ash Decision
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~ Commissioner Williams said that the Court may have made its ruling on ind.ner~tor
as,h based on the federal hazardous waste rules without considering actual data from ash
disposal sites. HCongress can resolve this issue by requiring that incinerator ash be tested to
r& the form of disposal, rather than using a laboratory test that doesn't take into account
adtuar characteristics of ash-only landfills, said Williams."
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