INFORMATION 06-20-1994
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INFOR
1JIJAt/ON
MEMORANDUM
MAYOR, CITY COUNCIL, AND
PLANNING COMMISSION MEMBERS
STEPHEN ROHLF, BUILDING
AND ZONING ADMINISTRATOR
JUNE 2, 1994 51<
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
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BY:Xerox Telecopier 7021 5- 3-94 9:29
6122969707"
612 241 2366:# 2
News Release
Minnesota Pollution Control Agency
~20 Lafayette Road North, St. Paul, Minnesota 55155-4194
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Printed on rac:yclld paper with at
Ieut 10% fib.,. from paper
recycled by conaumera.
R IMMEDIATE RELEASE May 2, 1994
Contact: Scott Hvidsteri (612) 297.1607 (voice)
(612) 282.5332(!11?
Toll free 1-800-657-3864 (voice/TrY)
!4PCA B.ESPO~OS jO U.S. SUEREME COU8IJ2fC'S(QNjt&MSYilNCINERATQR ASti
The Minnesota Pollution Control Agency (MPCA) responded to a u.s. Supreme Court
I' g today declaring that munidpal solid waste (MSW) incinerator ash is not exempt from
federal hazardous, waste rules. -The nillng came aftei the Court heard the City of Chicago
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versus the Environmental Defense .Fund 'case regarding whether or not ash from the City of
ClUcago's Northwest waste-to-energy facility ,was subject to federal hazardous waste rules.
The MPCA said that it is working with the Minnesota Attorney General's Office to study the.
Su~reme CoUIf s niling and opinion to ~etermine its effect on Minnesota's MSW ash disposal
ruies, its 12 MSW incinerators and the 9 MSW ash-onIy landfills in the state. '
I Whlle MPCA Commlssioner Charles W. WIlliIllIlS said that the Court's ruling may have far-
relching Impact on ash disposal in Mlnnesota, he emphasized that the waste Is currently being
mJnaged and disposed of saIe1y and in an environmentally protective manner In Minnesota.
'13ven 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
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re~onsibly and in a way that protects our state's environment and the health. of its dt:i.zens:'
saia Williams. 'We also have ~veral years of experience and data that show that leachate from
landfills is actually well below federal hazardous waste values.", Leachate is created when
and melting snow seep through buried waste.
illiams'pointed out that the state's MSWash disposal rules are stringent and provide for
en . onmentally protective liner and leachate collection systems that collect and treat leachate
so at is cannot affect the environment. In fact, he added~ if incinerator ash shows a high level
of 1 aching potential, Minnesota's rules require an ash landfill with a liner design consistent
wi a federal hazardous waste landfil11iner.
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BY:Xerox Telecopier 7021 5- 3-94 9:29
6122969707"
612 241 2366;# 3
. U.S. Supreme Court Incinerator Ash Decision
Page 2
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MPCA Commissioner Wllliams said that the Court may have made its ruling on inciner~tor
as,h based on the federal hazardous waste rules without considering actual data from ash
cmposal sites. "Congress 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
a characteristics of ash-only landfills, said Williams."
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