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i <br />CitYCCountil <br />Page 2 <br />November 24 , 1982 <br />The procedure is substantially as follow • <br />Management Board will select sites or are: The Waste <br />.facilities can be operated. Nothingwillas where proce�is <br />private developer wishes to o era . happen unless a <br />area so selected. p to a process facility in an <br />apply to the Minnesof such a developer <br />After receivin c�llution Control rAoceeds, he would <br />g a permit ,from the MpCA he would Tency for <br />a permit. <br />Permit from the local unit of government, apply for a <br />government would a If the local <br />they objected and PProve,_ he could operate his facility. <br />appeal their decision -he <br />-refusedthepermits If <br />ultimate decision would he Waste Management Board developer -could <br />Board. The decision of be made by ,the Taste Management the <br />. the Waste r <br />prevail. Minn. Stat. §11`5�A,W management Board would <br />'� .provides as follows: <br />115A.37 FINAL, DECISION OF BOARD <br />Local <br />able <br />RCB:gvp <br />­encl. <br />Subd• z• Decision Paramount. The decis <br />o approve a facility shall ion <br />Of the board t <br />and s:iall supersede and be final <br />state agencies and preempt be <br />of <br />political subdivisions. .? <br />units of government still <br />regulation. Minn. .Stat. <br />may, however, impose reason- <br />-9115A.37, Subd. 3 proved . <br />11115A.37 FINAL DECISION OF BOARD. <br />es. <br />Subbd • 3 • .Local requirements . A <br />subdivison may impose reasonable requiremitical <br />respecting the construction, ants <br />tion, monitoring, and maintenancesofianf °ility <br />�Y suc?!-requirements shall be subject facility. <br />b�.the agency to determine their reasonablenessto review <br />and consistency with the establishmentand use <br />a facility accordance with the final d use of <br />Of the board and decision <br />The agency d Hermits issued pursuant thereto. <br />or reverse any.approve, disapprove -suspend, modify, <br />the agency sha ,such requirements, The decision of <br />Y 1, be final. <br />Very truly yours, <br />M <br />PETERSON, <br />BELL & CONVERSE <br />Robert C. Bell <br />