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Revisor ID: R-04878

This rulemaking is referred to as the Terminating Postclosure Care of Solid Waste Disposal Facilities Rule.

In 2025, the MPCA amended Minnesota Rules chapter 7035 on solid waste, which governs solid waste management facility general technical requirements. The 2025 amendment specifically affected 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 amended rule established that to complete the postclosure care period, facilities 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) authorized the Commissioner of the MPCA to use the good-cause exempt rulemaking under Minn. Stat. § 14.388, subd. 1(3), in adopting these rules, and stated that section 14.386 would not apply except as provided under section 14.388.

Procedural rulemaking documents

June 2025

May 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 established postclosure care exit evaluation guidance for closed landfills.

Schedule

DatesTask(s)
May 9, 2025Notice of submission published and submitted to the Office of Administrative Hearings (OAH)
May 12, 2025Five-day public comment period opens
Aug. 4, 2025Order Adopting Exempt Rules published in the State Register
Aug. 4, 2025Rule effective date
18556: GovDelivery - good cause exempt rulemaking MNPCA_252
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