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<br /> <br />rt! -'( <br />( )I <br />.YI~' <br />E I\. River TO: <br /> <br />INFOR <br />1JIJAt/ON <br /> <br />MEMORANDUM <br /> <br /> <br />MAYOR, CITY COUNCIL, AND <br />PLANNING COMMISSION MEMBERS <br /> <br />STEPHEN ROHLF, BUILDING <br />AND ZONING ADMINISTRATOR <br /> <br />JUNE 2, 1994 51< <br /> <br />SUBJECT: SUPREME COURT DECISION ON MSW <br />INCINERATOR ASH <br /> <br />FROM: <br /> <br />DATE: <br /> <br />e <br /> <br />The Council and Planning Commission may of heard the comment that the <br />Supreme Court recently ruled that municipal solid waste (MSW) incinerator <br />ash is a hazardous waste. This is not actually the case. The Supreme Court <br />ruling was that MSW incinerator ash is not exempt from the Federal <br />hazardous waste rules. Incinerator ash must be tested to determine whether <br />or not it has contaminates at a level which would define it as a hazardous <br />waste. <br /> <br />United Power Association is in the process of doing composite testing on their <br />ash. They are confident that their ash will not show contaminates at the <br />hazardous waste level. Staff will keep you updated on UPA's situation, <br />however we feel that their ash will continue to be allowed to be disposed of at <br />NSP's landfill in Becker. <br /> <br />attachments <br /> <br />e <br /> <br />infoSR-council <br />P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 <br />