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Sherburne County adopts broad amendments to Solid Waste Management Ordinance No. 180 after public hearing

2521998 · February 27, 2025
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Summary

The Sherburne County Board of Commissioners voted to adopt amendments to Solid Waste Management Ordinance No. 180 following a public hearing and discussion on March 6.

The Sherburne County Board of Commissioners voted to adopt amendments to Solid Waste Management Ordinance No. 180 following a public hearing and discussion on March 6.

The amendments revise definitions; add standards for construction documents, inspection and notification procedures; clarify financial assurance requirements for small facilities; and incorporate Minnesota rules on landfill siting, liner construction, groundwater monitoring and municipal solid waste combustor ash. The county presentation said the changes mirror existing Minnesota rules and add local procedural details on sampling, intervention limits and post‑closure reviews.

At the public hearing, Mike Miller of Waste Management, representing the Elk River Landfill, spoke in support of many proposed changes while raising two concerns. He told the board the Elk River facility "has been designed to the highest standards to minimize any environmental impacts," described an active corrective action plan for a low‑level vinyl chloride plume in an older portion of the site, and asked the board to revise one sentence that currently ties the allowable remediation schedule to a department determination. "What we'd prefer rather than something being on a determination by the department, we would prefer if that language said, reasonable timeline is determined by licensed and registered professionals in the state of Minnesota based on science and technology available at the time," Miller said.

County staff and the county attorney’s office responded that the ordinance language is intended to allow the department to rely on licensed professionals, state review, and a professional process in setting a remediation timeline. County staff said that licensing and permit negotiations remain separate from the ordinance amendments and that the county will continue to follow state statute and Minnesota rules when addressing contamination.

Board discussion emphasized that the ordinance is countywide and not targeted to any single facility or pending permit application. One commissioner asked that Waste Management’s offer to present technical material in a separate workshop be considered; staff said they would evaluate workshop logistics while guarding the public regulatory process.

After closing the public hearing, a motion to approve and adopt the proposed ordinance amendments passed. No roll‑call tally was taken on the record.

The adopted changes explicitly move several requirements from Minnesota rules into the county ordinance, including additional siting criteria, requirements for liner and soil barrier construction, low‑flow sampling and 72‑hour notification for intervention limit exceedances, and updated definitions referencing municipal solid waste combustor ash and PFAS terminology.

The county noted the amendments were circulated to stakeholders for comment prior to the hearing and staff said some stakeholder suggestions were incorporated into the draft.

The board recorded the ordinance action as part of the regular agenda; staff said the amendments do not themselves approve or deny any specific permit application.