[Updated] Statement on Board Action to Create a HERC Closure Plan
[Update on October 24, 2023]
On October 24th, the Hennepin County Board unanimously passed the Board Action Request (BAR) that directs the HERC’s closure as early as 2028, which is only possible with energetic action from State and municipal partners, particularly from the City of Minneapolis.
As a North Minneapolis resident, I have advocated for closure of the HERC since long before I was in elected office. I am deeply committed to environmental justice and promise work towards a closure on the soonest timeline. I believe there is a path to stop burning trash as soon as 2028, but aggressive action is needed from government partners to achieve this timeline:
County: It is my view that a different renewable energy solution will be needed to replace the energy currently being produced at the HERC. Every day, about half of downtown and 25,000 Minneapolis households are energized by the HERC—so as we look to the future, I am excited to consider what renewable energy options the County may have the authority to implement. It is also clear that the County must be in partnership with the State regarding the HERC facility itself, as well as much-needed clarification on the County’s role in the waste system.
State: Several legislators have reached out since the BAR was introduced, including a formal letter with 22 signers from the House and Senate. I thank the Legislature for their leadership, and I can say with confidence that we have legislative partners who are ready to advocate for the changes needed at the State, which would be required in order for closure to be compliant with statute.
Cities: By statute, decision-making regarding waste generally resides with municipalities, and the HERC is a service provided to cities within Hennepin. While all cities who use the HERC will need support and partnership to develop viable solutions for waste management, our ability to stop burning trash at the soonest timeline relies heavily on urgent, responsive leadership from the City of Minneapolis. Approximately 75% of the 365,000 tons of trash processed by the HERC each year comes from within the Minneapolis geography. To close the HERC and ensure there’s an operational plan for waste disposal, it will be imperative for the City of Minneapolis to implement solutions to reduce waste production, increase diversion, and find an alternative solution to where city trash will go.
Finally, I want to thank the hundreds of residents who have advocated on behalf of cleaner air and future generations. In the coming year, I will work diligently to pursue policy changes at the state and municipal level to expedite the closure of the HERC facility—and I look forward to remaining in joint advocacy with you as we seek partnership with State and municipal leaders.
If you have any questions, feel free to contact Bill Emory from my office at bill.emory@hennepin.us or 612-206-1174.
[Original Statement on October 3, 2023]
On Tuesday, October 3, I am proud to have introduced with Commissioners Conley and Lunde, a Board Action Request (BAR) that directs county staff to create a closure plan for the Hennepin Energy Recovery Center (HERC) between 2028 and 2040, in a manner that complies with state statute, meets major milestones of the County’s Climate Action Plan and Zero Waste Plan, and ensures continued funding for the County’s waste reduction and natural resources programming. It also outlines steps to ensure that Hennepin is engaging directly with cities that use the HERC to identify alternative strategies to manage and haul trash. The BAR instructs the County Administrator to submit a closure plan to the County Board no later than February 1, 2024.
Regarding timeline: this BAR was communicated at the October 3 Board Meeting and referred to Committee for discussion on October 10. The intention is for a final vote at the October 24 Board Meeting.
On How We Got Here
The HERC was opened 34 years ago in 1989 after the Minnesota Waste Management Act of 1980 established waste-to-energy as preferable and less polluting than landfills. In the last decade, population density near the HERC has grown dramatically and a growing number of residents are advocating that its location no longer makes sense as a site for waste incineration.
Today, the HERC processes 365,000 tons of trash annually and produces 200,000 megawatt hours of electricity every year. Approximately 75% of the trash delivered to the HERC comes from Minneapolis and the remaining 25% is primarily from Bloomington, Champlin, Deephaven, Excelsior, Hopkins, Loretto, Maple Plain, Medina, Minnetonka Beach, Osseo, Robbinsdale, Richfield, St. Bonifacius, St. Louis Park, Tonka Bay, and Wayzata.
In February 2023, the Minnesota State Legislature passed a historic Clean Energy Bill, which will redefine HERC as a non-renewable energy source starting in 2040. Additionally, there was legislation passed that calls on Hennepin County to identify a closure plan for the HERC.
In response to advocacy and legislation, the County Administrator provided a staff report to the Hennepin County Board on the HERC and its role in the solid waste system, including considerations and recommendations related to closure. And on September 21, 2023, as part of a public board briefing regarding the HERC, the County Administrator and staff recommended establishing a closure date for the HERC in the estimated timeframe of 2040 to 2050.
During this briefing, it became clear that Commissioners wanted to bring forward a policy action in order to be responsive to legislative action and to initiate action with cities who would be impacted. The BAR directs a closure timeframe of 2028 to 2040: a 2040 timeline aligns with legislation passed by the State of Minnesota and staff recommendations presented at the September 21 board briefing, and a 2028 timeline connects with Hennepin County’s 5-year capital planning processes.
On Challenges Related to HERC Closure
Current state statute and Minnesota Pollution Control Agency (MPCA) policy require the continued use of waste-to-energy facilities like the HERC to process waste. For Hennepin to close the HERC, state statute and MPCA policy must change. See figure 1 below for Minnesota’s waste management hierarchy.
Figure 1
Source: Minnesota Pollution Control Agency
Unless zero waste and recycling efforts by cities are increased exponentially, closing the HERC will result in several consequences that must be carefully considered and planned for by government leaders. By establishing a closure timeframe for the HERC, we hope Hennepin County can partner more deeply with the State of Minnesota and cities that use HERC to step up and prioritize recycling, composting, and zero-waste initiatives to reduce what ends up in the trash—while also ensuring there’s appropriate funding for ceasing operations of the HERC, decommissioning the facility, and land disposition.
If the HERC was required to close today, the trash collected by municipalities would need to be sent to landfills. Landfills have finite capacity and if recycling rates remain stagnant—closing the HERC will mean local landfill capacity will only last five years. If landfills become the preferred method of waste disposal, it will be important for the State of Minnesota to update landfill standards. Current standards may lead to increased emissions and groundwater impacts. There are nations around the world that have increased landfill standards to create facilities that create less emissions than even waste-to-energy facilities. See Map 1 for a visual of Solid Waste facilities in and around Hennepin County.
Map 1
Source: Hennepin County
On Actions Required by Other Jurisdictions to Move Forward
Much of what is incinerated in the HERC is eligible for recycling or organic composting. In order to close the HERC, municipalities must establish adequately staffed recycling and organics programs, particularly for multi-unit dwellings.
The goal is diversion. Overall, organics are the single biggest opportunity for reducing and diverting trash. Currently, almost 30% of trash burned at the HERC is organic material, which includes food waste and other compostable materials. Another 15% of what is burned is recyclable. Whether the HERC remains open for five years or seventeen, cities and the State must increase recycling and zero-waste efforts to divert recyclables from the HERC and landfills.
Specifically, the State Legislature needs to prioritize policy actions to advance zero waste and protect the environment, including:
Adopt policies on par with national zero waste leaders – including but not limited to packaging, organized collection, hauler licensing and material bans at landfills.
Invest in recycling infrastructure, advancing circularity and waste reduction and reuse – including but not limited to increasing SCORE recycling grants, funding of a pre-processing facility in Hennepin to recover reusable and recyclable materials from trash, fully funding the anaerobic digestion facility, increasing state taxes/fees on landfills to fund county zero waste programs and other investments.
Reduce disproportionate impacts from the solid waste system – including but not limited to direct funding to areas of environmental justice concern, phased in emissions requirements for waste trucks and updating landfills to achieve greater environmental outcomes.
Amend existing policies to remove disincentives – including but not limited to adopting a food waste composting requirement in MnDOT specs, reducing barriers for businesses to use refillable containers, revising building codes and zoning ordinances that inhibit recycling and revising the current system to cover collection of all electronic waste.
Thirteen cities are the main users of the HERC with the City of Minneapolis being the single biggest generator of waste in Hennepin. Minneapolis must play a crucial role in achieving climate action and zero waste goals. Cities must:
Establish organized commercial collection, including multi-family.
Require mandatory large generator waste reduction and diversion plans.
Increase hauler accountability by requiring reporting and service standards.
Implementing multi-family recycling programs with adequate staffing.
Improve options for managing large items and specialty recyclables in the multi-family sector.
Adopt specifications to increase the use of food-derived compost in city projects.
Develop a construction and demolition waste diversion ordinances requiring recycling on construction and demolition projects.
Enhance enforcement of existing city ordinances.
With this BAR, Hennepin is moving forward toward a zero-waste future. We look forward to remaining in partnership with the State of Minnesota as we collectively and aggressively work to meet the vision of the Clean Energy Bill. And we ask cities, especially the City of Minneapolis, to take bold and concrete actions in anticipation of the HERC’s closure and to use this opportunity to accelerate recycling and zero-waste programs.
Again, I extend gratitude to residents and community groups who have advocated for the health of their loved ones, neighborhoods, and environment. Your perspectives are important and my office welcomes continued conversations—if you have further questions, comments, or concerns, please reach out to Constituent Services & Policy Aide Bill Emory at bill.emory@hennepin.us.