Revisor ID: R-04878
This rulemaking will be referred to as the Solid Waste Facilities Exiting Postclosure Care Rule.
The MPCA plans to amend Minnesota Rules chapter 7035 on solid waste, which establishes solid waste management facility general technical requirements. The planned amendment specifically affects Minn. R. 7035.2655, subpart 1, item A, relating to the postclosure care period and use of property for landfills and other solid waste disposal facilities.
The proposed rule would establish that to complete the postclosure care period, facilities need the MPCA commissioner’s approval, which will be based on the requirements listed in existing rule (Minn. R. 7035.2655, subpart 1, item B).
Minnesota Session Laws 2024, chapter 116, article 2, section 30 (b) states that the Commissioner may use the good-cause exemption under Minn. Stat. § 14.388, subd. 1(3), to adopt these rules, and that section 14.386 does not apply except as provided under section 14.388.
Procedural rulemaking documents
May 2025
Comment on proposed rules
Submit public comments on the MPCA's proposed rules relating to the postclosure care period and use of property for landfills and other solid waste disposal facilities by 4:30 pm on Friday, May 16, 2025.
Background
Even after permitted landfills close, precipitation can percolate through landfilled waste to create contaminated fluids known as leachate and the waste may continue to generate gases as it decomposes. To avoid affecting nearby structures or polluting groundwater or surface water, closed landfills must be monitored and managed with postclosure care for some time to protect the environment and human health.
The MPCA has established postclosure care exit evaluation guidance for closed landfills.
Schedule
| Dates | Task(s) |
|---|---|
| May 9, 2025 | Notice of submission published and submitted to the Office of Administrative Hearings (OAH) |
| May 12, 2025 | Five-day public comment period opens |
| TBD | Final adoption of rules |
