PROCEDURE.

115A.85 PROCEDURE. § Subdivision 1.Requirement. A district or county with an approved designation plan shall proceed as provided in this section when designating facilities. A district need not repeat the designation procedures in this section to the extent that the procedures have been completed by each county having territory in the district or by a joint powers board composed of each county having territory in the district. § Subd. 2.Hearing. (a) The district or county shall hold a public hearing to take testimony on the designation. Notice of the hearing must be: (1) published in a newspaper of general circulation in the area for two successive weeks ending at least 15 days before the date of the hearing; and (2) mailed to political subdivisions, processing and disposal facility operators, and licensed solid waste collectors who may be expected to use the facility. (b) The notification must: (1) describe the area in which the designation will apply and the plans for the use of the solid waste; (2) specify the point or points of delivery of the solid waste; (3) estimate the types and quantities of solid waste subject to the designation; and (4) estimate the fee to be charged for the use of the facilities and for any products of the facilities. (c) A designation or contract for use is not invalid by reason of the failure of the district or county to provide written notice to an entity listed in this subdivision. § Subd. 3.Negotiated contracts for use. During a period of 90 days following the hearing, the district or county shall negotiate with the persons entitled to written notice under subdivision 2 for the purpose of developing contractual agreements that will require use of the facilities proposed to be designated. § Subd. 4.Designation decision. At the end of the 90-day contract negotiation period, the district or county may proceed to secure approval for and implement the designation as provided in section 115A.86. History: 1984 c 644 s 40; 1989 c 325 s 13