Bill Text: MN HF2543 | 2013-2014 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Environmental data classified, reporting requirements modified, permitting efficiencies modified and created, Pollution Control Agency duties modified, administrative penalty order and field citation provisions modified, civil penalties provided, rulemaking required, and money appropriated.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-05-14 - Secretary of State Chapter 237 05/13/14 [HF2543 Detail]
Download: Minnesota-2013-HF2543-Engrossed.html
Bill Title: Environmental data classified, reporting requirements modified, permitting efficiencies modified and created, Pollution Control Agency duties modified, administrative penalty order and field citation provisions modified, civil penalties provided, rulemaking required, and money appropriated.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-05-14 - Secretary of State Chapter 237 05/13/14 [HF2543 Detail]
Download: Minnesota-2013-HF2543-Engrossed.html
1.2relating to environment; classifying certain data; modifying certain reporting
1.3requirements; modifying and creating certain permitting efficiencies; modifying
1.4duties of Pollution Control Agency; modifying administrative penalty order
1.5and field citation provisions; providing civil penalties; requiring rulemaking;
1.6appropriating money;amending Minnesota Statutes 2012, sections 13.741, by
1.7adding a subdivision; 84.027, subdivision 14a, by adding a subdivision; 115.03,
1.8subdivisions 1, 10; 115.551; 116.03, subdivision 2b; 116.07, subdivision 4d;
1.9116.072, subdivision 2; 116.073, subdivisions 1, 2; 116J.035, subdivision 8.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2012, section 13.741, is amended by adding a
1.12subdivision to read:
1.13 Subd. 4. Electronic submittal data. Preliminary data entered or uploaded into
1.14the Pollution Control Agency online data submission system are classified as private or
1.15nonpublic data. The data is public once electronically transmitted through and received by
1.16the Pollution Control Agency from the online data submission system, unless otherwise
1.17classified by law.
1.18 Sec. 2. Minnesota Statutes 2012, section 84.027, subdivision 14a, is amended to read:
1.19 Subd. 14a. Permitting efficiency. (a) It is the goal of the state that environmental
1.20and resource management permits be issued or denied within 90 days for Tier 1 permits
1.21or 150 daysof the for Tier 2 permits following submission of a permit application.
1.22The commissioner of natural resources shall establish management systems designed
1.23to achieve the goal.
1.24(b) The commissioner shall preparesemiannual an annual permitting efficiency
1.25reports report that include includes statistics on meeting the goal in paragraph (a) and the
2.1criteria for Tier 1 and Tier 2 by permit categories. Thereports are report is due February 1
2.2and August 1 each year. For permit applications that have not met the goal, the report
2.3must state the reasons for not meeting the goal. In stating the reasons for not meeting the
2.4goal, the commissioner shall separately identify delays caused by the responsiveness of
2.5the proposer, lack of staff, scientific or technical disagreements, or the level of public
2.6engagement. The report must specify the number of days from initial submission of the
2.7application to the day of determination that the application is complete. The reportfor
2.8August 1 each year must aggregate the data for the year and assess whether program
2.9or system changes are necessary to achieve the goal. The report must be posted on the
2.10department's Web site and submitted to the governor and the chairs and ranking minority
2.11members of the house of representatives and senate committees having jurisdiction over
2.12natural resources policy and finance.
2.13(c) The commissioner shall allow electronic submission of environmental review
2.14and permit documents to the department.
2.15(d) Beginning July 1, 2011, within 30 business days of application for a permit
2.16subject to paragraph (a), the commissioner of natural resources shall notify the
2.17project proposer, in writing, whether the application is complete or incomplete. If the
2.18commissioner determines that an application is incomplete, the notice to the applicant must
2.19enumerate all deficiencies, citing specific provisions of the applicable rules and statutes,
2.20and advise the applicant on how the deficiencies can be remedied. If the commissioner
2.21determines that the application is complete, the notice must confirm the application's Tier
2.221 or Tier 2 permit status. This paragraph does not apply to an application for a permit that
2.23is subject to a grant or loan agreement under chapter 446A.
2.24EFFECTIVE DATE.This section is effective January 1, 2015.
2.25 Sec. 3. Minnesota Statutes 2012, section 84.027, is amended by adding a subdivision
2.26to read:
2.27 Subd. 14b. Expediting costs; reimbursement. Permit applicants who wish
2.28to construct, reconstruct, modify, or operate a facility needing any permit from the
2.29commissioner of natural resources may offer to reimburse the department for the costs
2.30of staff time or consultant services needed to expedite the permit development process,
2.31including the analysis of environmental review documents. The reimbursement shall be in
2.32addition to permit application fees imposed by law. When the commissioner determines
2.33that additional resources are needed to develop the permit application in an expedited
2.34manner, and that expediting the development is consistent with permitting program
2.35priorities, the commissioner may accept the reimbursement. Reimbursements accepted
3.1by the commissioner are appropriated to the commissioner for the purpose of developing
3.2the permit or analyzing environmental review documents. Reimbursement by a permit
3.3applicant shall precede and not be contingent upon issuance of a permit; shall not affect
3.4the commissioner's decision on whether to issue or deny a permit, what conditions are
3.5included in a permit, or the application of state and federal statutes and rules governing
3.6permit determinations; and shall not affect final decisions regarding environmental review.
3.7 Sec. 4. Minnesota Statutes 2012, section 115.03, subdivision 1, is amended to read:
3.8 Subdivision 1. Generally. The agency is hereby given and charged with the
3.9following powers and duties:
3.10(a) to administer and enforce all laws relating to the pollution of any of the waters of
3.11the state;
3.12(b) to investigate the extent, character, and effect of the pollution of the waters of
3.13this state and to gather data and information necessary or desirable in the administration
3.14or enforcement of pollution laws, and to make such classification of the waters of the
3.15state as it may deem advisable;
3.16(c) to establish and alter such reasonable pollution standards for any waters of
3.17the state in relation to the public use to which they are or may be put as it shall deem
3.18necessary for the purposes of this chapter and, with respect to the pollution of waters
3.19of the state, chapter 116;
3.20(d) to encourage waste treatment, including advanced waste treatment, instead of
3.21stream low-flow augmentation for dilution purposes to control and prevent pollution;
3.22(e) to adopt, issue, reissue, modify, deny, or revoke, enter into or enforce reasonable
3.23orders, permits, variances, standards, rules, schedules of compliance, and stipulation
3.24agreements, under such conditions as it may prescribe, in order to prevent, control or abate
3.25water pollution, or for the installation or operation of disposal systems or parts thereof, or
3.26for other equipment and facilities:
3.27(1) requiring the discontinuance of the discharge of sewage, industrial waste or
3.28other wastes into any waters of the state resulting in pollution in excess of the applicable
3.29pollution standard established under this chapter;
3.30(2) prohibiting or directing the abatement of any discharge of sewage, industrial
3.31waste, or other wastes, into any waters of the state or the deposit thereof or the discharge
3.32into any municipal disposal system where the same is likely to get into any waters of the
3.33state in violation of this chapter and, with respect to the pollution of waters of the state,
3.34chapter 116, or standards or rules promulgated or permits issued pursuant thereto, and
4.1specifying the schedule of compliance within which such prohibition or abatement must
4.2be accomplished;
4.3(3) prohibiting the storage of any liquid or solid substance or other pollutant in a
4.4manner which does not reasonably assure proper retention against entry into any waters of
4.5the state that would be likely to pollute any waters of the state;
4.6(4) requiring the construction, installation, maintenance, and operation by any
4.7person of any disposal system or any part thereof, or other equipment and facilities, or
4.8the reconstruction, alteration, or enlargement of its existing disposal system or any part
4.9thereof, or the adoption of other remedial measures to prevent, control or abate any
4.10discharge or deposit of sewage, industrial waste or other wastes by any person;
4.11(5) establishing, and from time to time revising, standards of performance for new
4.12sources taking into consideration, among other things, classes, types, sizes, and categories
4.13of sources, processes, pollution control technology, cost of achieving such effluent
4.14reduction, and any nonwater quality environmental impact and energy requirements.
4.15Said standards of performance for new sources shall encompass those standards for the
4.16control of the discharge of pollutants which reflect the greatest degree of effluent reduction
4.17which the agency determines to be achievable through application of the best available
4.18demonstrated control technology, processes, operating methods, or other alternatives,
4.19including, where practicable, a standard permitting no discharge of pollutants. New
4.20sources shall encompass buildings, structures, facilities, or installations from which there
4.21is or may be the discharge of pollutants, the construction of which is commenced after the
4.22publication by the agency of proposed rules prescribing a standard of performance which
4.23will be applicable to such source. Notwithstanding any other provision of the law of this
4.24state, any point source the construction of which is commenced after May 20, 1973, and
4.25which is so constructed as to meet all applicable standards of performance for new sources
4.26shall, consistent with and subject to the provisions of section 306(d) of the Amendments
4.27of 1972 to the Federal Water Pollution Control Act, not be subject to any more stringent
4.28standard of performance for new sources during a ten-year period beginning on the date
4.29of completion of such construction or during the period of depreciation or amortization
4.30of such facility for the purposes of section 167 or 169, or both, of the Federal Internal
4.31Revenue Code of 1954, whichever period ends first. Construction shall encompass any
4.32placement, assembly, or installation of facilities or equipment, including contractual
4.33obligations to purchase such facilities or equipment, at the premises where such equipment
4.34will be used, including preparation work at such premises;
5.1(6) establishing and revising pretreatment standards to prevent or abate the discharge
5.2of any pollutant into any publicly owned disposal system, which pollutant interferes with,
5.3passes through, or otherwise is incompatible with such disposal system;
5.4(7) requiring the owner or operator of any disposal system or any point source to
5.5establish and maintain such records, make such reports, install, use, and maintain such
5.6monitoring equipment or methods, including where appropriate biological monitoring
5.7methods, sample such effluents in accordance with such methods, at such locations, at
5.8such intervals, and in such a manner as the agency shall prescribe, and providing such
5.9other information as the agency may reasonably require;
5.10(8) notwithstanding any other provision of this chapter, and with respect to the
5.11pollution of waters of the state, chapter 116, requiring the achievement of more stringent
5.12limitations than otherwise imposed by effluent limitations in order to meet any applicable
5.13water quality standard by establishing new effluent limitations, based upon section115.01,
5.14subdivision 13 , clause (b), including alternative effluent control strategies for any point
5.15source or group of point sources to insure the integrity of water quality classifications,
5.16whenever the agency determines that discharges of pollutants from such point source or
5.17sources, with the application of effluent limitations required to comply with any standard
5.18of best available technology, would interfere with the attainment or maintenance of
5.19the water quality classification in a specific portion of the waters of the state. Prior to
5.20establishment of any such effluent limitation, the agency shall hold a public hearing to
5.21determine the relationship of the economic and social costs of achieving such limitation
5.22or limitations, including any economic or social dislocation in the affected community
5.23or communities, to the social and economic benefits to be obtained and to determine
5.24whether or not such effluent limitation can be implemented with available technology or
5.25other alternative control strategies. If a person affected by such limitation demonstrates at
5.26such hearing that, whether or not such technology or other alternative control strategies
5.27are available, there is no reasonable relationship between the economic and social costs
5.28and the benefits to be obtained, such limitation shall not become effective and shall be
5.29adjusted as it applies to such person;
5.30(9) modifying, in its discretion, any requirement or limitation based upon best
5.31available technology with respect to any point source for which a permit application is
5.32filed after July 1, 1977, upon a showing by the owner or operator of such point source
5.33satisfactory to the agency that such modified requirements will represent the maximum
5.34use of technology within the economic capability of the owner or operator and will result
5.35in reasonable further progress toward the elimination of the discharge of pollutants; and
6.1(10) requiring that applicants for wastewater discharge permits evaluate in their
6.2applications the potential reuses of the discharged wastewater;
6.3(f) to require to be submitted and to approve plans and specifications for disposal
6.4systems or point sources, or any part thereof and to inspect the construction thereof for
6.5compliance with the approved plans and specifications thereof;
6.6(g) to prescribe and alter rules, not inconsistent with law, for the conduct of the
6.7agency and other matters within the scope of the powers granted to and imposed upon it by
6.8this chapter and, with respect to pollution of waters of the state, in chapter 116, provided
6.9that every rule affecting any other department or agency of the state or any person other
6.10than a member or employee of the agency shall be filed with the secretary of state;
6.11(h) to conduct such investigations, issue such notices, public and otherwise, and hold
6.12such hearings as are necessary or which it may deem advisable for the discharge of its
6.13duties under this chapter and, with respect to the pollution of waters of the state, under
6.14chapter 116, including, but not limited to, the issuance of permits, and to authorize any
6.15member, employee, or agent appointed by it to conduct such investigations or, issue such
6.16notices and hold such hearings;
6.17(i) for the purpose of water pollution control planning by the state and pursuant to
6.18the Federal Water Pollution Control Act, as amended, to establish and revise planning
6.19areas, adopt plans and programs and continuing planning processes, including, but not
6.20limited to, basin plans and areawide waste treatment management plans, and to provide
6.21for the implementation of any such plans by means of, including, but not limited to,
6.22standards, plan elements, procedures for revision, intergovernmental cooperation, residual
6.23treatment process waste controls, and needs inventory and ranking for construction
6.24of disposal systems;
6.25(j) to train water pollution control personnel, and charge such fees therefor as are
6.26necessary to cover the agency's costs. All such fees received shall be paid into the state
6.27treasury and credited to the Pollution Control Agency training account;
6.28(k) to impose as additional conditions in permits to publicly owned disposal
6.29systems appropriate measures to insure compliance by industrial and other users with any
6.30pretreatment standard, including, but not limited to, those related to toxic pollutants, and
6.31any system of user charges ratably as is hereby required under state law or said Federal
6.32Water Pollution Control Act, as amended, or any regulations or guidelines promulgated
6.33thereunder;
6.34(l) to set a period not to exceed five years for the duration of any national pollutant
6.35discharge elimination system permit or not to exceed ten years for any permit issued as a
6.36state disposal system permit only;
7.1(m) to require each governmental subdivision identified as a permittee for a
7.2wastewater treatment works to evaluate in every odd-numbered year the condition of its
7.3existing system and identify future capital improvements that will be needed to attain
7.4or maintain compliance with a national pollutant discharge elimination system or state
7.5disposal system permit; and
7.6(n) to train subsurface sewage treatment system personnel, including persons who
7.7design, construct, install, inspect, service, and operate subsurface sewage treatment
7.8systems, and charge fees as necessary to pay the agency's costs. All fees received must be
7.9paid into the state treasury and credited to the agency's training account. Money in the
7.10account is appropriated to the agency to pay expenses related to training.
7.11The information required in clause (m) must be submitted in every odd-numbered year
7.12to the commissioner on a form provided by the commissioner. The commissioner shall
7.13provide technical assistance if requested by the governmental subdivision.
7.14The powers and duties given the agency in this subdivision also apply to permits
7.15issued under chapter 114C.
7.16 Sec. 5. Minnesota Statutes 2012, section 115.03, subdivision 10, is amended to read:
7.17 Subd. 10.Nutrient Pollutant loading offset. (a) Prior to the completion of a
7.18total maximum daily load for an impaired water, The Pollution Control Agency may
7.19issuea permit for a new discharger or an expanding discharger if it results in decreased
7.20loading to an impaired water. Where a new discharger or an expanding existing discharger
7.21cannot effectively implement zero discharge options, the agency may issue a permit if
7.22the increased loading is offset by reductions or amend permits to authorize pollutant
7.23discharges to a receiving water and may authorize reductions in loading from other
7.24sourcesof loading to the impaired water, so that there is to the same receiving water, if
7.25together the changes achieve a net decrease in the pollutant loadingof concern. The term
7.26"new discharger" is as defined in Code of Federal Regulations, title 40, section 122.2. to
7.27the receiving water. A point source participating in a water quality offset authorized by
7.28this subdivision must have pollutant load reduction requirements for the traded pollutants
7.29based on water quality based effluent limits or wasteload allocations in place prior to the
7.30offset. The pollutant load reduction requirements in place prior to the offset must meet the
7.31requirements of this chapter and Minnesota Rules, parts 7050.0150, subpart 8; 7053.0205;
7.32and 7053.0215, including, but not limited to, requirements related to pollutant form,
7.33spatial loading, and temporal loading. The agency must require significant offset ratios for
7.34offsets between permitted sources and nonpermitted sources and must demonstrate how
7.35nonpermitted source offset credits make progress toward ensuring attainment of water
8.1quality standards. The agreement of a source to participate in an offset is voluntary. The
8.2agency shall track the pollutant offsets or "trades" implemented under this subdivision.
8.3(b) The legislature intends this subdivision to confirm and clarify the authority of the
8.4Pollution Control Agency to issue the authorized permits under prior law. The subdivision
8.5must not be construed as a legislative interpretation within the meaning of section645.16 ,
8.6clause (8), or otherwise as the legislature's intent that the agency did not have authority to
8.7issue such a permit under prior law.
8.8 Sec. 6. Minnesota Statutes 2012, section 115.551, is amended to read:
8.9115.551 TANK FEE.
8.10 (a) An installer shall pay a fee of $25 for each septic system tank installed in the
8.11previous calendar year.The fees required under this section must be paid By January 30
8.12each year, the installer shall submit to the commissionerby January 30 of each year a
8.13form showing the number of tanks installed in each jurisdiction in the previous calendar
8.14year. The commissioner shall invoice the installers with the final fee due. Tank fee
8.15payment is due within 30 days of receiving the invoice. The revenue derived from the fee
8.16imposed under this section shall be deposited in the environmental fund and is exempt
8.17from section16A.1285 .
8.18 (b) Notwithstanding paragraph (a), for the purposes of performance-based subsurface
8.19sewage treatment systems, the tank fee is limited to $25 per household system installation.
8.20EFFECTIVE DATE.This section is effective January 1, 2015, and applies to
8.21tanks installed on or after January 1, 2015.
8.22 Sec. 7. Minnesota Statutes 2012, section 116.03, subdivision 2b, is amended to read:
8.23 Subd. 2b. Permitting efficiency. (a) It is the goal of the state that environmental
8.24and resource management permits be issued or denied within 90 days for Tier 1 permits
8.25or 150 daysof the for Tier 2 permits following submission of a permit application. The
8.26commissioner of the Pollution Control Agency shall establish management systems
8.27designed to achieve the goal. For the purposes of this section, "Tier 1 permits" are permits
8.28that do not require individualized actions or public comment periods, and "Tier 2 permits"
8.29are permits that require individualized actions or public comment periods.
8.30(b) The commissioner shall preparesemiannual an annual permitting efficiency
8.31reports report that include includes statistics on meeting the goal in paragraph (a) and the
8.32criteria for Tier 1 and Tier 2 by permit categories. Thereports are report is due February 1
8.33and August 1 each year. For permit applications that have not met the goal, the report
9.1must state the reasons for not meeting the goal. In stating the reasons for not meeting the
9.2goal, the commissioner shall separately identify delays caused by the responsiveness of
9.3the proposer, lack of staff, scientific or technical disagreements, or the level of public
9.4engagement. The report must specify the number of days from initial submission of the
9.5application to the day of determination that the application is complete. The reportfor
9.6August 1 each year must aggregate the data for the year and assess whether program
9.7or system changes are necessary to achieve the goal. The report must be posted on the
9.8agency's Web site and submitted to the governor and the chairs and ranking minority
9.9members of the house of representatives and senate committees having jurisdiction over
9.10environment policy and finance.
9.11(c) The commissioner shall allow electronic submission of environmental review
9.12and permit documents to the agency.
9.13(d) Beginning July 1, 2011, within 30 business days of application for a permit
9.14subject to paragraph (a), the commissioner of the Pollution Control Agency shall notify
9.15the project proposer, in writing, whether the application is complete or incomplete. If the
9.16commissioner determines that an application is incomplete, the notice to the applicant must
9.17enumerate all deficiencies, citing specific provisions of the applicable rules and statutes,
9.18and advise the applicant on how the deficiencies can be remedied. If the commissioner
9.19determines that the application is complete, the notice must confirm the application's Tier
9.201 or Tier 2 permit status. This paragraph does not apply to an application for a permit that
9.21is subject to a grant or loan agreement under chapter 446A.
9.22(e) For purposes of this subdivision, "permit professional" means an individual not
9.23employed by the Pollution Control Agency who:
9.24(1) has a professional license issued by the state of Minnesota in the subject area
9.25of the permit;
9.26(2) has at least ten years of experience in the subject area of the permit; and
9.27(3) abides by the duty of candor applicable to employees of the Pollution Control
9.28Agency under agency rules and complies with all applicable requirements under chapter
9.29326.
9.30(f) Upon the agency's request, an applicant relying on a permit professional must
9.31participate in a meeting with the agency before submitting an application:
9.32(1) at least two weeks prior to the preapplication meeting, the applicant must submit
9.33at least the following:
9.34(i) project description, including, but not limited to, scope of work, primary
9.35emissions points, discharge outfalls, and water intake points;
9.36(ii) location of the project, including county, municipality, and location on the site;
10.1(iii) business schedule for project completion; and
10.2(iv) other information requested by the agency at least four weeks prior to the
10.3scheduled meeting; and
10.4 (2) during the preapplication meeting, the agency shall provide for the applicant at
10.5least the following:
10.6(i) an overview of the permit review program;
10.7(ii) a determination of which specific application or applications will be necessary
10.8to complete the project;
10.9(iii) a statement notifying the applicant if the specific permit being sought requires a
10.10mandatory public hearing or comment period;
10.11(iv) a review of the timetable established in the permit review program for the
10.12specific permit being sought; and
10.13(v) a determination of what information must be included in the application,
10.14including a description of any required modeling or testing.
10.15(g) The applicant may select a permit professional to undertake the preparation
10.16of the permit application and draft permit.
10.17(h) If a preapplication meeting was held, the agency shall, within seven business
10.18days of receipt of an application, notify the applicant and submitting permit professional
10.19that the application is complete or is denied, specifying the deficiencies of the application.
10.20(i) Upon receipt of notice that the application is complete, the permit professional
10.21shall submit to the agency a timetable for submitting a draft permit. The permit
10.22professional shall submit a draft permit on or before the date provided in the timetable.
10.23Within 60 days after the close of the public comment period, the commissioner shall notify
10.24the applicant whether the permit can be issued.
10.25(j) Nothing in this section shall be construed to modify:
10.26(1) any requirement of law that is necessary to retain federal delegation to or
10.27assumption by the state; or
10.28(2) the authority to implement a federal law or program.
10.29(k) The permit application and draft permit shall identify or include as an appendix
10.30all studies and other sources of information used to substantiate the analysis contained in
10.31the permit application and draft permit. The commissioner shall request additional studies,
10.32if needed, and the project proposer shall submit all additional studies and information
10.33necessary for the commissioner to perform the commissioner's responsibility to review,
10.34modify, and determine the completeness of the application and approve the draft permit.
10.35EFFECTIVE DATE.This section is effective January 1, 2015.
11.1 Sec. 8. Minnesota Statutes 2012, section 116.07, subdivision 4d, is amended to read:
11.2 Subd. 4d. Permit fees. (a) The agency may collect permit fees in amounts not greater
11.3than those necessary to cover the reasonable costs of developing, reviewing, and acting
11.4upon applications for agency permits and implementing and enforcing the conditions of
11.5the permits pursuant to agency rules. Permit fees shall not include the costs of litigation.
11.6The fee schedule must reflect reasonable and routine direct and indirect costs associated
11.7with permitting, implementation, and enforcement. The agency may impose an additional
11.8enforcement fee to be collected for a period of up to two years to cover the reasonable costs
11.9of implementing and enforcing the conditions of a permit under the rules of the agency.
11.10Any money collected under this paragraph shall be deposited in the environmental fund.
11.11(b) Notwithstanding paragraph (a), the agency shall collect an annual fee from
11.12the owner or operator of all stationary sources, emission facilities, emissions units, air
11.13contaminant treatment facilities, treatment facilities, potential air contaminant storage
11.14facilities, or storage facilities subject to the requirement to obtain a permit under
11.15subchapter V of the federal Clean Air Act, United States Code, title 42, section 7401 et
11.16seq., or section116.081 . The annual fee shall be used to pay for all direct and indirect
11.17reasonable costs, including attorney general costs, required to develop and administer
11.18the permit program requirements of subchapter V of the federal Clean Air Act, United
11.19States Code, title 42, section 7401 et seq., and sections of this chapter and the rules
11.20adopted under this chapter related to air contamination and noise. Those costs include the
11.21reasonable costs of reviewing and acting upon an application for a permit; implementing
11.22and enforcing statutes, rules, and the terms and conditions of a permit; emissions, ambient,
11.23and deposition monitoring; preparing generally applicable regulations; responding to
11.24federal guidance; modeling, analyses, and demonstrations; preparing inventories and
11.25tracking emissions; and providing information to the public about these activities.
11.26(c) The agency shall set fees that:
11.27(1) will result in the collection, in the aggregate, from the sources listed in paragraph
11.28(b), of an amount not less than $25 per ton of each volatile organic compound; pollutant
11.29regulated under United States Code, title 42, section 7411 or 7412 (section 111 or 112
11.30of the federal Clean Air Act); and each pollutant, except carbon monoxide, for which a
11.31national primary ambient air quality standard has been promulgated;
11.32(2) may result in the collection, in the aggregate, from the sources listed in paragraph
11.33(b), of an amount not less than $25 per ton of each pollutant not listed in clause (1) that is
11.34regulated under this chapter or air quality rules adopted under this chapter; and
12.1(3) shall collect, in the aggregate, from the sources listed in paragraph (b), the
12.2amount needed to match grant funds received by the state under United States Code, title
12.342, section 7405 (section 105 of the federal Clean Air Act).
12.4The agency must not include in the calculation of the aggregate amount to be collected
12.5under clauses (1) and (2) any amount in excess of 4,000 tons per year of each air pollutant
12.6from a source. The increase in air permit fees to match federal grant funds shall be a
12.7surcharge on existing fees. The commissioner may not collect the surcharge after the grant
12.8funds become unavailable. In addition, the commissioner shall use nonfee funds to the
12.9extent practical to match the grant funds so that the fee surcharge is minimized.
12.10(d) To cover the reasonable costs described in paragraph (b), the agency shall provide
12.11in the rules promulgated under paragraph (c) for an increase in the fee collected in each year
12.12by the percentage, if any, by which the Consumer Price Index for the most recent calendar
12.13year ending before the beginning of the year the fee is collected exceeds the Consumer Price
12.14Index for the calendar year 1989. For purposes of this paragraph the Consumer Price Index
12.15for any calendar year is the average of the Consumer Price Index for all-urban consumers
12.16published by the United States Department of Labor, as of the close of the 12-month period
12.17ending on August 31 of each calendar year. The revision of the Consumer Price Index that
12.18is most consistent with the Consumer Price Index for calendar year 1989 shall be used.
12.19(e) Any money collected under paragraphs (b) to (d) must be deposited in the
12.20environmental fund and must be used solely for the activities listed in paragraph (b).
12.21(f)Persons Permit applicants who wish to construct or expand, reconstruct, or
12.22modify a facility may offer to reimburse the agency for the costs of staffovertime time
12.23 or consultant services needed to expedite the permit development process, including the
12.24analysis of environmental review documents. The reimbursement shall be in addition
12.25to permit application fees imposed by law. When the agency determines that it needs
12.26additional resources toreview develop the permit application in an expedited manner, and
12.27that expediting thereview would not disrupt development is consistent with permitting
12.28program priorities, the agency may accept the reimbursement. Reimbursements accepted
12.29by the agency are appropriated to the agency for the purpose ofreviewing developing the
12.30permitapplication or analyzing environmental review documents. Reimbursement by a
12.31permit applicant shall precede and not be contingent upon issuance of a permitand; shall
12.32not affect the agency's decision on whether to issue or deny a permit, what conditions are
12.33included in a permit, or the application of state and federal statutes and rules governing
12.34permit determinations; and shall not affect final decisions regarding environmental review.
12.35(g) The fees under this subdivision are exempt from section16A.1285 .
13.1 Sec. 9. Minnesota Statutes 2012, section 116.072, subdivision 2, is amended to read:
13.2 Subd. 2. Amount of penalty; considerations. (a) The commissioner or county
13.3board may issuean order orders assessing a penalty penalties up to $10,000 $20,000 for all
13.4 violations identified during an inspection or other compliance review. The commissioner
13.5shall adjust the maximum penalty amount under this paragraph according to inflation,
13.6using the Consumer Price Index, to be effective no earlier than July 1, 2019, and July 1
13.7every fifth year thereafter. Any adjustment must be posted in the State Register for 30
13.8days prior to it becoming effective.
13.9(b) In determining the amount of a penalty the commissioner or county board may
13.10consider:
13.11(1) the willfulness of the violation;
13.12(2) the gravity of the violation, including damage to humans, animals, air, water,
13.13land, or other natural resources of the state;
13.14(3) the history of past violations;
13.15(4) the number of violations;
13.16(5) the economic benefit gained by the person by allowing or committing the
13.17violation; and
13.18(6) other factors as justice may require, if the commissioner or county board
13.19specifically identifies the additional factors in the commissioner's or county board's order.
13.20(c) For a violation after an initial violation, the commissioner or county board shall,
13.21in determining the amount of a penalty, consider the factors in paragraph (b) and the:
13.22(1) similarity of the most recent previous violation and the violation to be penalized;
13.23(2) time elapsed since the last violation;
13.24(3) number of previous violations; and
13.25(4) response of the person to the most recent previous violation identified.
13.26 Sec. 10. Minnesota Statutes 2012, section 116.073, subdivision 1, is amended to read:
13.27 Subdivision 1. Authority to issue. (a) Pollution Control Agency staff designated
13.28by the commissioner and Department of Natural Resources conservation officers may
13.29issue citations to a person who:
13.30(1) disposes of solid waste as defined in section116.06, subdivision 22 , at a location
13.31not authorized by law for the disposal of solid waste without permission of the owner
13.32of the property;
13.33(2) fails to report or recover discharges as required under section115.061 ;
13.34(3) fails to take discharge preventive or preparedness measures required under
13.35chapter 115E;or
14.1(4) fails to install or use vapor recovery equipment during the transfer of gasoline
14.2from a transport delivery vehicle to an underground storage tank as required in section
14.3116.49
, subdivisions 3 and 4.;
14.4(5) performs labor or services designing, installing, constructing, inspecting,
14.5servicing, repairing, or operating a subsurface sewage treatment system (SSTS) as defined
14.6in chapter 115 and has violated rules adopted under chapters 115 and 116 in any of the
14.7following categories:
14.8(i) failure to acquire or maintain a current state-issued SSTS license;
14.9(ii) failure to acquire or maintain a current surety bond for SSTS activities;
14.10(iii) failure to acquire or maintain a required local permit for SSTS activities; or
14.11(iv) failure to submit SSTS as-built plans or compliance inspection forms to the
14.12local governmental unit; or
14.13(6) performs labor or services pumping, hauling, treating, spreading, dumping,
14.14discharging, or land applying septage as defined in Minnesota Rules, part 7080.1100,
14.15subpart 69, and has violated rules adopted under chapters 115 and 116 or Code of Federal
14.16Regulations, title 40, section 503, in any of the following categories:
14.17(i) failure to acquire or maintain a current state-issued SSTS license;
14.18(ii) failure to acquire or maintain a current surety bond for SSTS activities;
14.19(iii) failure to provide control measures to prevent the pollution of underground
14.20waters from the discharge of septage into the saturated or unsaturated zone;
14.21(iv) failure to produce records or maintain records in accordance with Code of
14.22Federal Regulations, title 40, section 503; or
14.23(v) failure to treat septage for pathogens and vectors in accordance with Code of
14.24Federal Regulations, title 40, section 503.
14.25(b) In addition, Pollution Control Agency staff designated by the commissioner may
14.26issue citations to owners and operators of facilities who violate sections116.46 to
116.50
14.27and Minnesota Rules, chapters 7150 and 7151 and parts 7001.4200 to 7001.4300. A
14.28citation issued under this subdivision must include a requirement that the person cited
14.29remove and properly dispose of or otherwise manage the waste or discharged oil or
14.30hazardous substance, reimburse any government agency that has disposed of the waste or
14.31discharged oil or hazardous substance and contaminated debris for the reasonable costs of
14.32disposal, or correct any storage tank violations.
14.33(c) Citations for violations of sections115E.045 and
116.46 to
116.50 and Minnesota
14.34Rules, chapters 7150 and 7151, may be issued only after the owners and operators have
14.35had a 60-day period to correct violations stated in writing by Pollution Control Agency
15.1staff, unless there is a discharge associated with the violation or the violation is a repeat
15.2violation from a previous inspection.
15.3 Sec. 11. Minnesota Statutes 2012, section 116.073, subdivision 2, is amended to read:
15.4 Subd. 2. Penalty amount. The citation must impose the following penalty amounts:
15.5(1) $100 per major appliance, as defined in section115A.03, subdivision 17a , up
15.6to a maximum of $2,000;
15.7(2) $25 per waste tire, as defined in section115A.90, subdivision 11 , up to a
15.8maximum of $2,000;
15.9(3) $25 per lead acid battery governed by section115A.915 , up to a maximum
15.10of $2,000;
15.11(4) $1 per pound of other solid waste or $20 per cubic foot up to a maximum of $2,000;
15.12(5) up to $200 for any amount of waste that escapes from a vehicle used for the
15.13transportation of solid waste if, after receiving actual notice that waste has escaped the
15.14vehicle, the person or company transporting the waste fails to immediately collect the waste;
15.15(6) $50 per violation of rules adopted under section116.49 , relating to underground
15.16storage tank system design, construction, installation, and notification requirements, up
15.17to a maximum of $2,000;
15.18(7) $500 per violation of rules adopted under section116.49 , relating to upgrading of
15.19existing underground storage tank systems, up to a maximum of $2,000 per tank system;
15.20(8) $250 per violation of rules adopted under section116.49 , relating to underground
15.21storage tank system general operating requirements, up to a maximum of $2,000;
15.22(9) $250 per violation of rules adopted under section116.49 , relating to underground
15.23storage tank system release detection requirements, up to a maximum of $2,000;
15.24(10) $50 per violation of rules adopted under section116.49 , relating to
15.25out-of-service underground storage tank systems and closure, up to a maximum of $2,000;
15.26(11) $50 per violation of sections116.48 to
116.491 relating to underground storage
15.27tank system notification, monitoring, environmental protection, and tank installers training
15.28and certification requirements, up to a maximum of $2,000;
15.29(12) $25 per gallon of oil or hazardous substance discharged which is not reported or
15.30recovered under section115.061 , up to a maximum of $2,000;
15.31(13) $1 per gallon of oil or hazardous substance being stored, transported, or
15.32otherwise handled without the prevention or preparedness measures required under
15.33chapter 115E, up to a maximum of $2,000;
15.34(14) $250 per violation of Minnesota Rules, parts 7001.4200 to 7001.4300 or chapter
15.357151, related to aboveground storage tank systems, up to a maximum of $2,000;and
16.1(15) $250 per delivery made in violation of section116.49, subdivision 3 or 4,
16.2levied against:
16.3(i) the retail location if vapor recovery equipment is not installed or maintained
16.4properly;
16.5(ii) the carrier if the transport delivery vehicle is not equipped with vapor recovery
16.6equipment; or
16.7(iii) the driver for failure to use supplied vapor recovery equipment.;
16.8(16) $500 per violation of rules adopted under chapters 115 and 116 relating
16.9to failure to comply with state subsurface sewage treatment system (SSTS) license
16.10requirements, up to a maximum of $2,000;
16.11(17) $500 per violation of rules adopted under chapters 115 and 116 relating to
16.12failure to comply with SSTS surety bond requirements, up to a maximum of $2,000;
16.13(18) $500 per violation of rules adopted under chapters 115 and 116 relating to
16.14failure to provide control measures to prevent the pollution of underground waters from the
16.15discharge of septage into the saturated or unsaturated zone, up to a maximum of $2,000;
16.16(19) $500 per violation of rules adopted under chapters 115 and 116 or Code of
16.17Federal Regulations, title 40, section 503, relating to failure to treat septage for pathogens
16.18and vectors, up to a maximum of $2,000;
16.19(20) $250 per violation of rules adopted under chapters 115 and 116 or Code of
16.20Federal Regulations, title 40, section 503, relating to failure to produce records or maintain
16.21records, up to a maximum of $2,000;
16.22(21) $250 per violation of rules adopted under chapters 115 and 116 or Code of
16.23Federal Regulations, title 40, section 503, relating to failure to submit as-built plans or
16.24compliance inspection forms to the local governmental unit, up to a maximum of $2,000;
16.25and
16.26(22) $500 per violation of rules adopted under chapters 115 and 116 relating to
16.27failure to obtain required local permits, up to a maximum of $2,000.
16.28 Sec. 12. Minnesota Statutes 2012, section 116J.035, subdivision 8, is amended to read:
16.29 Subd. 8. Minnesota Business First Stop. (a) The commissioner of employment and
16.30economic development shall, through the multiagency collaboration called "Minnesota
16.31Business First Stop," ensure the coordination, development, implementation, and
16.32administration of state permits, including:
16.33(1) establishing a mechanism in state government that will coordinate administrative
16.34decision-making procedures and related quasijudicial and judicial review pertaining to
16.35permits related to the state's air, land, and water resources;
17.1(2) providing coordination and understanding between federal, state, and local
17.2governmental units in the administration of the various programs relating to air, water,
17.3and land resources;
17.4(3) identifying all existing state permits, reviews, and other approvals, compliance
17.5schedules, or other programs that pertain to the use of natural resources and protection
17.6of the environment; and
17.7(4) recommending legislative or administrative modifications to existing permit
17.8programs to increase their efficiency and utility.
17.9(b) A person proposing a project may apply to Minnesota Business First Stop for
17.10assistance in obtaining necessary state permits, reviews, and other approvals. Upon
17.11request, the commissioner shall to the extent practicable:
17.12(1) provide a list of all federal, state, and local permits and other required reviews
17.13and approvals for the project;
17.14(2) provide a plan that will coordinate federal, state, and local administrative
17.15decision-making practices, including monitoring, analysis and reporting, public comments
17.16and hearings, and issuances of permits and approvals;
17.17(3) provide a timeline for the issuance of all federal, state, and local permits and
17.18other reviews and approvals required for the project;
17.19(4) coordinate the execution of any memorandum of understanding between the
17.20person proposing a project and any federal, state, or local agency;
17.21(5) coordinate all federal, state, or local public comment periods and hearings; and
17.22(6) provide other assistance requested to facilitate final approval and issuance of all
17.23federal, state, and local permits and other approvals required for the project.
17.24(c) Notwithstanding section16A.1283 , as necessary, the commissioner may negotiate
17.25a schedule to assess the project proposer for reasonable costs that any state agency incurs
17.26incoordinating the coordination, development, implementation, and administration of
17.27state permits, and the proposer shall pay the assessed costs to the commissioner. Money
17.28received by the commissioner must be credited to an account in the special revenue fund
17.29and is appropriated to the commissioner to cover the assessed costs incurred.
17.30(d) Reimbursement by a project proposer shall precede and not be contingent upon
17.31issuance of a permit and shall not affect any state agency's decision on whether to issue or
17.32deny a permit, what conditions are included in a permit, or the application of state and
17.33federal statutes and rules governing permit determinations.
17.34(e) The coordination of the development, implementation, and administration of
17.35state permits is not governmental action under section116D.04 .
18.1 Sec. 13. RULEMAKING.
18.2(a) The commissioner of the Pollution Control Agency shall amend Minnesota Rules,
18.3chapter 7001, to extend permit terms not to exceed ten years for solid waste management
18.4facilities and shall otherwise amend Minnesota Rules to conform with section 4.
18.5(b) The commissioner of the Pollution Control Agency may use the good cause
18.6exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), and
18.7Minnesota Statutes, section 14.386, does not apply, except as provided in Minnesota
18.8Statutes, section 14.388.
1.3requirements; modifying and creating certain permitting efficiencies; modifying
1.4duties of Pollution Control Agency; modifying administrative penalty order
1.5and field citation provisions; providing civil penalties; requiring rulemaking;
1.6appropriating money;amending Minnesota Statutes 2012, sections 13.741, by
1.7adding a subdivision; 84.027, subdivision 14a, by adding a subdivision; 115.03,
1.8subdivisions 1, 10; 115.551; 116.03, subdivision 2b; 116.07, subdivision 4d;
1.9116.072, subdivision 2; 116.073, subdivisions 1, 2; 116J.035, subdivision 8.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2012, section 13.741, is amended by adding a
1.12subdivision to read:
1.13 Subd. 4. Electronic submittal data. Preliminary data entered or uploaded into
1.14the Pollution Control Agency online data submission system are classified as private or
1.15nonpublic data. The data is public once electronically transmitted through and received by
1.16the Pollution Control Agency from the online data submission system, unless otherwise
1.17classified by law.
1.18 Sec. 2. Minnesota Statutes 2012, section 84.027, subdivision 14a, is amended to read:
1.19 Subd. 14a. Permitting efficiency. (a) It is the goal of the state that environmental
1.20and resource management permits be issued or denied within 90 days for Tier 1 permits
1.21or 150 days
1.22The commissioner of natural resources shall establish management systems designed
1.23to achieve the goal.
1.24(b) The commissioner shall prepare
1.25
2.1criteria for Tier 1 and Tier 2 by permit categories. The
2.2
2.3must state the reasons for not meeting the goal. In stating the reasons for not meeting the
2.4goal, the commissioner shall separately identify delays caused by the responsiveness of
2.5the proposer, lack of staff, scientific or technical disagreements, or the level of public
2.6engagement. The report must specify the number of days from initial submission of the
2.7application to the day of determination that the application is complete. The report
2.8
2.9or system changes are necessary to achieve the goal. The report must be posted on the
2.10department's Web site and submitted to the governor and the chairs and ranking minority
2.11members of the house of representatives and senate committees having jurisdiction over
2.12natural resources policy and finance.
2.13(c) The commissioner shall allow electronic submission of environmental review
2.14and permit documents to the department.
2.15(d) Beginning July 1, 2011, within 30 business days of application for a permit
2.16subject to paragraph (a), the commissioner of natural resources shall notify the
2.17project proposer, in writing, whether the application is complete or incomplete. If the
2.18commissioner determines that an application is incomplete, the notice to the applicant must
2.19enumerate all deficiencies, citing specific provisions of the applicable rules and statutes,
2.20and advise the applicant on how the deficiencies can be remedied. If the commissioner
2.21determines that the application is complete, the notice must confirm the application's Tier
2.221 or Tier 2 permit status. This paragraph does not apply to an application for a permit that
2.23is subject to a grant or loan agreement under chapter 446A.
2.24EFFECTIVE DATE.This section is effective January 1, 2015.
2.25 Sec. 3. Minnesota Statutes 2012, section 84.027, is amended by adding a subdivision
2.26to read:
2.27 Subd. 14b. Expediting costs; reimbursement. Permit applicants who wish
2.28to construct, reconstruct, modify, or operate a facility needing any permit from the
2.29commissioner of natural resources may offer to reimburse the department for the costs
2.30of staff time or consultant services needed to expedite the permit development process,
2.31including the analysis of environmental review documents. The reimbursement shall be in
2.32addition to permit application fees imposed by law. When the commissioner determines
2.33that additional resources are needed to develop the permit application in an expedited
2.34manner, and that expediting the development is consistent with permitting program
2.35priorities, the commissioner may accept the reimbursement. Reimbursements accepted
3.1by the commissioner are appropriated to the commissioner for the purpose of developing
3.2the permit or analyzing environmental review documents. Reimbursement by a permit
3.3applicant shall precede and not be contingent upon issuance of a permit; shall not affect
3.4the commissioner's decision on whether to issue or deny a permit, what conditions are
3.5included in a permit, or the application of state and federal statutes and rules governing
3.6permit determinations; and shall not affect final decisions regarding environmental review.
3.7 Sec. 4. Minnesota Statutes 2012, section 115.03, subdivision 1, is amended to read:
3.8 Subdivision 1. Generally. The agency is hereby given and charged with the
3.9following powers and duties:
3.10(a) to administer and enforce all laws relating to the pollution of any of the waters of
3.11the state;
3.12(b) to investigate the extent, character, and effect of the pollution of the waters of
3.13this state and to gather data and information necessary or desirable in the administration
3.14or enforcement of pollution laws, and to make such classification of the waters of the
3.15state as it may deem advisable;
3.16(c) to establish and alter such reasonable pollution standards for any waters of
3.17the state in relation to the public use to which they are or may be put as it shall deem
3.18necessary for the purposes of this chapter and, with respect to the pollution of waters
3.19of the state, chapter 116;
3.20(d) to encourage waste treatment, including advanced waste treatment, instead of
3.21stream low-flow augmentation for dilution purposes to control and prevent pollution;
3.22(e) to adopt, issue, reissue, modify, deny, or revoke, enter into or enforce reasonable
3.23orders, permits, variances, standards, rules, schedules of compliance, and stipulation
3.24agreements, under such conditions as it may prescribe, in order to prevent, control or abate
3.25water pollution, or for the installation or operation of disposal systems or parts thereof, or
3.26for other equipment and facilities:
3.27(1) requiring the discontinuance of the discharge of sewage, industrial waste or
3.28other wastes into any waters of the state resulting in pollution in excess of the applicable
3.29pollution standard established under this chapter;
3.30(2) prohibiting or directing the abatement of any discharge of sewage, industrial
3.31waste, or other wastes, into any waters of the state or the deposit thereof or the discharge
3.32into any municipal disposal system where the same is likely to get into any waters of the
3.33state in violation of this chapter and, with respect to the pollution of waters of the state,
3.34chapter 116, or standards or rules promulgated or permits issued pursuant thereto, and
4.1specifying the schedule of compliance within which such prohibition or abatement must
4.2be accomplished;
4.3(3) prohibiting the storage of any liquid or solid substance or other pollutant in a
4.4manner which does not reasonably assure proper retention against entry into any waters of
4.5the state that would be likely to pollute any waters of the state;
4.6(4) requiring the construction, installation, maintenance, and operation by any
4.7person of any disposal system or any part thereof, or other equipment and facilities, or
4.8the reconstruction, alteration, or enlargement of its existing disposal system or any part
4.9thereof, or the adoption of other remedial measures to prevent, control or abate any
4.10discharge or deposit of sewage, industrial waste or other wastes by any person;
4.11(5) establishing, and from time to time revising, standards of performance for new
4.12sources taking into consideration, among other things, classes, types, sizes, and categories
4.13of sources, processes, pollution control technology, cost of achieving such effluent
4.14reduction, and any nonwater quality environmental impact and energy requirements.
4.15Said standards of performance for new sources shall encompass those standards for the
4.16control of the discharge of pollutants which reflect the greatest degree of effluent reduction
4.17which the agency determines to be achievable through application of the best available
4.18demonstrated control technology, processes, operating methods, or other alternatives,
4.19including, where practicable, a standard permitting no discharge of pollutants. New
4.20sources shall encompass buildings, structures, facilities, or installations from which there
4.21is or may be the discharge of pollutants, the construction of which is commenced after the
4.22publication by the agency of proposed rules prescribing a standard of performance which
4.23will be applicable to such source. Notwithstanding any other provision of the law of this
4.24state, any point source the construction of which is commenced after May 20, 1973, and
4.25which is so constructed as to meet all applicable standards of performance for new sources
4.26shall, consistent with and subject to the provisions of section 306(d) of the Amendments
4.27of 1972 to the Federal Water Pollution Control Act, not be subject to any more stringent
4.28standard of performance for new sources during a ten-year period beginning on the date
4.29of completion of such construction or during the period of depreciation or amortization
4.30of such facility for the purposes of section 167 or 169, or both, of the Federal Internal
4.31Revenue Code of 1954, whichever period ends first. Construction shall encompass any
4.32placement, assembly, or installation of facilities or equipment, including contractual
4.33obligations to purchase such facilities or equipment, at the premises where such equipment
4.34will be used, including preparation work at such premises;
5.1(6) establishing and revising pretreatment standards to prevent or abate the discharge
5.2of any pollutant into any publicly owned disposal system, which pollutant interferes with,
5.3passes through, or otherwise is incompatible with such disposal system;
5.4(7) requiring the owner or operator of any disposal system or any point source to
5.5establish and maintain such records, make such reports, install, use, and maintain such
5.6monitoring equipment or methods, including where appropriate biological monitoring
5.7methods, sample such effluents in accordance with such methods, at such locations, at
5.8such intervals, and in such a manner as the agency shall prescribe, and providing such
5.9other information as the agency may reasonably require;
5.10(8) notwithstanding any other provision of this chapter, and with respect to the
5.11pollution of waters of the state, chapter 116, requiring the achievement of more stringent
5.12limitations than otherwise imposed by effluent limitations in order to meet any applicable
5.13water quality standard by establishing new effluent limitations, based upon section
5.14subdivision 13
5.15source or group of point sources to insure the integrity of water quality classifications,
5.16whenever the agency determines that discharges of pollutants from such point source or
5.17sources, with the application of effluent limitations required to comply with any standard
5.18of best available technology, would interfere with the attainment or maintenance of
5.19the water quality classification in a specific portion of the waters of the state. Prior to
5.20establishment of any such effluent limitation, the agency shall hold a public hearing to
5.21determine the relationship of the economic and social costs of achieving such limitation
5.22or limitations, including any economic or social dislocation in the affected community
5.23or communities, to the social and economic benefits to be obtained and to determine
5.24whether or not such effluent limitation can be implemented with available technology or
5.25other alternative control strategies. If a person affected by such limitation demonstrates at
5.26such hearing that, whether or not such technology or other alternative control strategies
5.27are available, there is no reasonable relationship between the economic and social costs
5.28and the benefits to be obtained, such limitation shall not become effective and shall be
5.29adjusted as it applies to such person;
5.30(9) modifying, in its discretion, any requirement or limitation based upon best
5.31available technology with respect to any point source for which a permit application is
5.32filed after July 1, 1977, upon a showing by the owner or operator of such point source
5.33satisfactory to the agency that such modified requirements will represent the maximum
5.34use of technology within the economic capability of the owner or operator and will result
5.35in reasonable further progress toward the elimination of the discharge of pollutants; and
6.1(10) requiring that applicants for wastewater discharge permits evaluate in their
6.2applications the potential reuses of the discharged wastewater;
6.3(f) to require to be submitted and to approve plans and specifications for disposal
6.4systems or point sources, or any part thereof and to inspect the construction thereof for
6.5compliance with the approved plans and specifications thereof;
6.6(g) to prescribe and alter rules, not inconsistent with law, for the conduct of the
6.7agency and other matters within the scope of the powers granted to and imposed upon it by
6.8this chapter and, with respect to pollution of waters of the state, in chapter 116, provided
6.9that every rule affecting any other department or agency of the state or any person other
6.10than a member or employee of the agency shall be filed with the secretary of state;
6.11(h) to conduct such investigations, issue such notices, public and otherwise, and hold
6.12such hearings as are necessary or which it may deem advisable for the discharge of its
6.13duties under this chapter and, with respect to the pollution of waters of the state, under
6.14chapter 116, including, but not limited to, the issuance of permits, and to authorize any
6.15member, employee, or agent appointed by it to conduct such investigations or, issue such
6.16notices and hold such hearings;
6.17(i) for the purpose of water pollution control planning by the state and pursuant to
6.18the Federal Water Pollution Control Act, as amended, to establish and revise planning
6.19areas, adopt plans and programs and continuing planning processes, including, but not
6.20limited to, basin plans and areawide waste treatment management plans, and to provide
6.21for the implementation of any such plans by means of, including, but not limited to,
6.22standards, plan elements, procedures for revision, intergovernmental cooperation, residual
6.23treatment process waste controls, and needs inventory and ranking for construction
6.24of disposal systems;
6.25(j) to train water pollution control personnel, and charge such fees therefor as are
6.26necessary to cover the agency's costs. All such fees received shall be paid into the state
6.27treasury and credited to the Pollution Control Agency training account;
6.28(k) to impose as additional conditions in permits to publicly owned disposal
6.29systems appropriate measures to insure compliance by industrial and other users with any
6.30pretreatment standard, including, but not limited to, those related to toxic pollutants, and
6.31any system of user charges ratably as is hereby required under state law or said Federal
6.32Water Pollution Control Act, as amended, or any regulations or guidelines promulgated
6.33thereunder;
6.34(l) to set a period not to exceed five years for the duration of any national pollutant
6.35discharge elimination system permit or not to exceed ten years for any permit issued as a
6.36state disposal system permit only;
7.1(m) to require each governmental subdivision identified as a permittee for a
7.2wastewater treatment works to evaluate in every odd-numbered year the condition of its
7.3existing system and identify future capital improvements that will be needed to attain
7.4or maintain compliance with a national pollutant discharge elimination system or state
7.5disposal system permit; and
7.6(n) to train subsurface sewage treatment system personnel, including persons who
7.7design, construct, install, inspect, service, and operate subsurface sewage treatment
7.8systems, and charge fees as necessary to pay the agency's costs. All fees received must be
7.9paid into the state treasury and credited to the agency's training account. Money in the
7.10account is appropriated to the agency to pay expenses related to training.
7.11The information required in clause (m) must be submitted in every odd-numbered year
7.12to the commissioner on a form provided by the commissioner. The commissioner shall
7.13provide technical assistance if requested by the governmental subdivision.
7.14The powers and duties given the agency in this subdivision also apply to permits
7.15issued under chapter 114C.
7.16 Sec. 5. Minnesota Statutes 2012, section 115.03, subdivision 10, is amended to read:
7.17 Subd. 10.
7.18
7.19issue
7.20
7.21
7.22
7.23discharges to a receiving water and may authorize reductions in loading from other
7.24sources
7.25together the changes achieve a net decrease in the pollutant loading
7.26
7.27the receiving water. A point source participating in a water quality offset authorized by
7.28this subdivision must have pollutant load reduction requirements for the traded pollutants
7.29based on water quality based effluent limits or wasteload allocations in place prior to the
7.30offset. The pollutant load reduction requirements in place prior to the offset must meet the
7.31requirements of this chapter and Minnesota Rules, parts 7050.0150, subpart 8; 7053.0205;
7.32and 7053.0215, including, but not limited to, requirements related to pollutant form,
7.33spatial loading, and temporal loading. The agency must require significant offset ratios for
7.34offsets between permitted sources and nonpermitted sources and must demonstrate how
7.35nonpermitted source offset credits make progress toward ensuring attainment of water
8.1quality standards. The agreement of a source to participate in an offset is voluntary. The
8.2agency shall track the pollutant offsets or "trades" implemented under this subdivision.
8.3(b) The legislature intends this subdivision to confirm and clarify the authority of the
8.4Pollution Control Agency to issue the authorized permits under prior law. The subdivision
8.5must not be construed as a legislative interpretation within the meaning of section
8.6clause (8), or otherwise as the legislature's intent that the agency did not have authority to
8.7issue such a permit under prior law.
8.8 Sec. 6. Minnesota Statutes 2012, section 115.551, is amended to read:
8.9115.551 TANK FEE.
8.10 (a) An installer shall pay a fee of $25 for each septic system tank installed in the
8.11previous calendar year.
8.12each year, the installer shall submit to the commissioner
8.13form showing the number of tanks installed in each jurisdiction in the previous calendar
8.14year. The commissioner shall invoice the installers with the final fee due. Tank fee
8.15payment is due within 30 days of receiving the invoice. The revenue derived from the fee
8.16imposed under this section shall be deposited in the environmental fund and is exempt
8.17from section
8.18 (b) Notwithstanding paragraph (a), for the purposes of performance-based subsurface
8.19sewage treatment systems, the tank fee is limited to $25 per household system installation.
8.20EFFECTIVE DATE.This section is effective January 1, 2015, and applies to
8.21tanks installed on or after January 1, 2015.
8.22 Sec. 7. Minnesota Statutes 2012, section 116.03, subdivision 2b, is amended to read:
8.23 Subd. 2b. Permitting efficiency. (a) It is the goal of the state that environmental
8.24and resource management permits be issued or denied within 90 days for Tier 1 permits
8.25or 150 days
8.26commissioner of the Pollution Control Agency shall establish management systems
8.27designed to achieve the goal. For the purposes of this section, "Tier 1 permits" are permits
8.28that do not require individualized actions or public comment periods, and "Tier 2 permits"
8.29are permits that require individualized actions or public comment periods.
8.30(b) The commissioner shall prepare
8.31
8.32criteria for Tier 1 and Tier 2 by permit categories. The
8.33
9.1must state the reasons for not meeting the goal. In stating the reasons for not meeting the
9.2goal, the commissioner shall separately identify delays caused by the responsiveness of
9.3the proposer, lack of staff, scientific or technical disagreements, or the level of public
9.4engagement. The report must specify the number of days from initial submission of the
9.5application to the day of determination that the application is complete. The report
9.6
9.7or system changes are necessary to achieve the goal. The report must be posted on the
9.8agency's Web site and submitted to the governor and the chairs and ranking minority
9.9members of the house of representatives and senate committees having jurisdiction over
9.10environment policy and finance.
9.11(c) The commissioner shall allow electronic submission of environmental review
9.12and permit documents to the agency.
9.13(d) Beginning July 1, 2011, within 30 business days of application for a permit
9.14subject to paragraph (a), the commissioner of the Pollution Control Agency shall notify
9.15the project proposer, in writing, whether the application is complete or incomplete. If the
9.16commissioner determines that an application is incomplete, the notice to the applicant must
9.17enumerate all deficiencies, citing specific provisions of the applicable rules and statutes,
9.18and advise the applicant on how the deficiencies can be remedied. If the commissioner
9.19determines that the application is complete, the notice must confirm the application's Tier
9.201 or Tier 2 permit status. This paragraph does not apply to an application for a permit that
9.21is subject to a grant or loan agreement under chapter 446A.
9.22(e) For purposes of this subdivision, "permit professional" means an individual not
9.23employed by the Pollution Control Agency who:
9.24(1) has a professional license issued by the state of Minnesota in the subject area
9.25of the permit;
9.26(2) has at least ten years of experience in the subject area of the permit; and
9.27(3) abides by the duty of candor applicable to employees of the Pollution Control
9.28Agency under agency rules and complies with all applicable requirements under chapter
9.29326.
9.30(f) Upon the agency's request, an applicant relying on a permit professional must
9.31participate in a meeting with the agency before submitting an application:
9.32(1) at least two weeks prior to the preapplication meeting, the applicant must submit
9.33at least the following:
9.34(i) project description, including, but not limited to, scope of work, primary
9.35emissions points, discharge outfalls, and water intake points;
9.36(ii) location of the project, including county, municipality, and location on the site;
10.1(iii) business schedule for project completion; and
10.2(iv) other information requested by the agency at least four weeks prior to the
10.3scheduled meeting; and
10.4 (2) during the preapplication meeting, the agency shall provide for the applicant at
10.5least the following:
10.6(i) an overview of the permit review program;
10.7(ii) a determination of which specific application or applications will be necessary
10.8to complete the project;
10.9(iii) a statement notifying the applicant if the specific permit being sought requires a
10.10mandatory public hearing or comment period;
10.11(iv) a review of the timetable established in the permit review program for the
10.12specific permit being sought; and
10.13(v) a determination of what information must be included in the application,
10.14including a description of any required modeling or testing.
10.15(g) The applicant may select a permit professional to undertake the preparation
10.16of the permit application and draft permit.
10.17(h) If a preapplication meeting was held, the agency shall, within seven business
10.18days of receipt of an application, notify the applicant and submitting permit professional
10.19that the application is complete or is denied, specifying the deficiencies of the application.
10.20(i) Upon receipt of notice that the application is complete, the permit professional
10.21shall submit to the agency a timetable for submitting a draft permit. The permit
10.22professional shall submit a draft permit on or before the date provided in the timetable.
10.23Within 60 days after the close of the public comment period, the commissioner shall notify
10.24the applicant whether the permit can be issued.
10.25(j) Nothing in this section shall be construed to modify:
10.26(1) any requirement of law that is necessary to retain federal delegation to or
10.27assumption by the state; or
10.28(2) the authority to implement a federal law or program.
10.29(k) The permit application and draft permit shall identify or include as an appendix
10.30all studies and other sources of information used to substantiate the analysis contained in
10.31the permit application and draft permit. The commissioner shall request additional studies,
10.32if needed, and the project proposer shall submit all additional studies and information
10.33necessary for the commissioner to perform the commissioner's responsibility to review,
10.34modify, and determine the completeness of the application and approve the draft permit.
10.35EFFECTIVE DATE.This section is effective January 1, 2015.
11.1 Sec. 8. Minnesota Statutes 2012, section 116.07, subdivision 4d, is amended to read:
11.2 Subd. 4d. Permit fees. (a) The agency may collect permit fees in amounts not greater
11.3than those necessary to cover the reasonable costs of developing, reviewing, and acting
11.4upon applications for agency permits and implementing and enforcing the conditions of
11.5the permits pursuant to agency rules. Permit fees shall not include the costs of litigation.
11.6The fee schedule must reflect reasonable and routine direct and indirect costs associated
11.7with permitting, implementation, and enforcement. The agency may impose an additional
11.8enforcement fee to be collected for a period of up to two years to cover the reasonable costs
11.9of implementing and enforcing the conditions of a permit under the rules of the agency.
11.10Any money collected under this paragraph shall be deposited in the environmental fund.
11.11(b) Notwithstanding paragraph (a), the agency shall collect an annual fee from
11.12the owner or operator of all stationary sources, emission facilities, emissions units, air
11.13contaminant treatment facilities, treatment facilities, potential air contaminant storage
11.14facilities, or storage facilities subject to the requirement to obtain a permit under
11.15subchapter V of the federal Clean Air Act, United States Code, title 42, section 7401 et
11.16seq., or section
11.17reasonable costs, including attorney general costs, required to develop and administer
11.18the permit program requirements of subchapter V of the federal Clean Air Act, United
11.19States Code, title 42, section 7401 et seq., and sections of this chapter and the rules
11.20adopted under this chapter related to air contamination and noise. Those costs include the
11.21reasonable costs of reviewing and acting upon an application for a permit; implementing
11.22and enforcing statutes, rules, and the terms and conditions of a permit; emissions, ambient,
11.23and deposition monitoring; preparing generally applicable regulations; responding to
11.24federal guidance; modeling, analyses, and demonstrations; preparing inventories and
11.25tracking emissions; and providing information to the public about these activities.
11.26(c) The agency shall set fees that:
11.27(1) will result in the collection, in the aggregate, from the sources listed in paragraph
11.28(b), of an amount not less than $25 per ton of each volatile organic compound; pollutant
11.29regulated under United States Code, title 42, section 7411 or 7412 (section 111 or 112
11.30of the federal Clean Air Act); and each pollutant, except carbon monoxide, for which a
11.31national primary ambient air quality standard has been promulgated;
11.32(2) may result in the collection, in the aggregate, from the sources listed in paragraph
11.33(b), of an amount not less than $25 per ton of each pollutant not listed in clause (1) that is
11.34regulated under this chapter or air quality rules adopted under this chapter; and
12.1(3) shall collect, in the aggregate, from the sources listed in paragraph (b), the
12.2amount needed to match grant funds received by the state under United States Code, title
12.342, section 7405 (section 105 of the federal Clean Air Act).
12.4The agency must not include in the calculation of the aggregate amount to be collected
12.5under clauses (1) and (2) any amount in excess of 4,000 tons per year of each air pollutant
12.6from a source. The increase in air permit fees to match federal grant funds shall be a
12.7surcharge on existing fees. The commissioner may not collect the surcharge after the grant
12.8funds become unavailable. In addition, the commissioner shall use nonfee funds to the
12.9extent practical to match the grant funds so that the fee surcharge is minimized.
12.10(d) To cover the reasonable costs described in paragraph (b), the agency shall provide
12.11in the rules promulgated under paragraph (c) for an increase in the fee collected in each year
12.12by the percentage, if any, by which the Consumer Price Index for the most recent calendar
12.13year ending before the beginning of the year the fee is collected exceeds the Consumer Price
12.14Index for the calendar year 1989. For purposes of this paragraph the Consumer Price Index
12.15for any calendar year is the average of the Consumer Price Index for all-urban consumers
12.16published by the United States Department of Labor, as of the close of the 12-month period
12.17ending on August 31 of each calendar year. The revision of the Consumer Price Index that
12.18is most consistent with the Consumer Price Index for calendar year 1989 shall be used.
12.19(e) Any money collected under paragraphs (b) to (d) must be deposited in the
12.20environmental fund and must be used solely for the activities listed in paragraph (b).
12.21(f)
12.22modify a facility may offer to reimburse the agency for the costs of staff
12.23 or consultant services needed to expedite the permit development process, including the
12.24analysis of environmental review documents. The reimbursement shall be in addition
12.25to permit application fees imposed by law. When the agency determines that it needs
12.26additional resources to
12.27that expediting the
12.28program priorities, the agency may accept the reimbursement. Reimbursements accepted
12.29by the agency are appropriated to the agency for the purpose of
12.30permit
12.31permit applicant shall precede and not be contingent upon issuance of a permit
12.32not affect the agency's decision on whether to issue or deny a permit, what conditions are
12.33included in a permit, or the application of state and federal statutes and rules governing
12.34permit determinations; and shall not affect final decisions regarding environmental review.
12.35(g) The fees under this subdivision are exempt from section
13.1 Sec. 9. Minnesota Statutes 2012, section 116.072, subdivision 2, is amended to read:
13.2 Subd. 2. Amount of penalty; considerations. (a) The commissioner or county
13.3board may issue
13.4 violations identified during an inspection or other compliance review. The commissioner
13.5shall adjust the maximum penalty amount under this paragraph according to inflation,
13.6using the Consumer Price Index, to be effective no earlier than July 1, 2019, and July 1
13.7every fifth year thereafter. Any adjustment must be posted in the State Register for 30
13.8days prior to it becoming effective.
13.9(b) In determining the amount of a penalty the commissioner or county board may
13.10consider:
13.11(1) the willfulness of the violation;
13.12(2) the gravity of the violation, including damage to humans, animals, air, water,
13.13land, or other natural resources of the state;
13.14(3) the history of past violations;
13.15(4) the number of violations;
13.16(5) the economic benefit gained by the person by allowing or committing the
13.17violation; and
13.18(6) other factors as justice may require, if the commissioner or county board
13.19specifically identifies the additional factors in the commissioner's or county board's order.
13.20(c) For a violation after an initial violation, the commissioner or county board shall,
13.21in determining the amount of a penalty, consider the factors in paragraph (b) and the:
13.22(1) similarity of the most recent previous violation and the violation to be penalized;
13.23(2) time elapsed since the last violation;
13.24(3) number of previous violations; and
13.25(4) response of the person to the most recent previous violation identified.
13.26 Sec. 10. Minnesota Statutes 2012, section 116.073, subdivision 1, is amended to read:
13.27 Subdivision 1. Authority to issue. (a) Pollution Control Agency staff designated
13.28by the commissioner and Department of Natural Resources conservation officers may
13.29issue citations to a person who:
13.30(1) disposes of solid waste as defined in section
13.31not authorized by law for the disposal of solid waste without permission of the owner
13.32of the property;
13.33(2) fails to report or recover discharges as required under section
13.34(3) fails to take discharge preventive or preparedness measures required under
13.35chapter 115E;
14.1(4) fails to install or use vapor recovery equipment during the transfer of gasoline
14.2from a transport delivery vehicle to an underground storage tank as required in section
14.4(5) performs labor or services designing, installing, constructing, inspecting,
14.5servicing, repairing, or operating a subsurface sewage treatment system (SSTS) as defined
14.6in chapter 115 and has violated rules adopted under chapters 115 and 116 in any of the
14.7following categories:
14.8(i) failure to acquire or maintain a current state-issued SSTS license;
14.9(ii) failure to acquire or maintain a current surety bond for SSTS activities;
14.10(iii) failure to acquire or maintain a required local permit for SSTS activities; or
14.11(iv) failure to submit SSTS as-built plans or compliance inspection forms to the
14.12local governmental unit; or
14.13(6) performs labor or services pumping, hauling, treating, spreading, dumping,
14.14discharging, or land applying septage as defined in Minnesota Rules, part 7080.1100,
14.15subpart 69, and has violated rules adopted under chapters 115 and 116 or Code of Federal
14.16Regulations, title 40, section 503, in any of the following categories:
14.17(i) failure to acquire or maintain a current state-issued SSTS license;
14.18(ii) failure to acquire or maintain a current surety bond for SSTS activities;
14.19(iii) failure to provide control measures to prevent the pollution of underground
14.20waters from the discharge of septage into the saturated or unsaturated zone;
14.21(iv) failure to produce records or maintain records in accordance with Code of
14.22Federal Regulations, title 40, section 503; or
14.23(v) failure to treat septage for pathogens and vectors in accordance with Code of
14.24Federal Regulations, title 40, section 503.
14.25(b) In addition, Pollution Control Agency staff designated by the commissioner may
14.26issue citations to owners and operators of facilities who violate sections
14.27and Minnesota Rules, chapters 7150 and 7151 and parts 7001.4200 to 7001.4300. A
14.28citation issued under this subdivision must include a requirement that the person cited
14.29remove and properly dispose of or otherwise manage the waste or discharged oil or
14.30hazardous substance, reimburse any government agency that has disposed of the waste or
14.31discharged oil or hazardous substance and contaminated debris for the reasonable costs of
14.32disposal, or correct any storage tank violations.
14.33(c) Citations for violations of sections
14.34Rules, chapters 7150 and 7151, may be issued only after the owners and operators have
14.35had a 60-day period to correct violations stated in writing by Pollution Control Agency
15.1staff, unless there is a discharge associated with the violation or the violation is a repeat
15.2violation from a previous inspection.
15.3 Sec. 11. Minnesota Statutes 2012, section 116.073, subdivision 2, is amended to read:
15.4 Subd. 2. Penalty amount. The citation must impose the following penalty amounts:
15.5(1) $100 per major appliance, as defined in section
15.6to a maximum of $2,000;
15.7(2) $25 per waste tire, as defined in section
15.8maximum of $2,000;
15.9(3) $25 per lead acid battery governed by section
15.10of $2,000;
15.11(4) $1 per pound of other solid waste or $20 per cubic foot up to a maximum of $2,000;
15.12(5) up to $200 for any amount of waste that escapes from a vehicle used for the
15.13transportation of solid waste if, after receiving actual notice that waste has escaped the
15.14vehicle, the person or company transporting the waste fails to immediately collect the waste;
15.15(6) $50 per violation of rules adopted under section
15.16storage tank system design, construction, installation, and notification requirements, up
15.17to a maximum of $2,000;
15.18(7) $500 per violation of rules adopted under section
15.19existing underground storage tank systems, up to a maximum of $2,000 per tank system;
15.20(8) $250 per violation of rules adopted under section
15.21storage tank system general operating requirements, up to a maximum of $2,000;
15.22(9) $250 per violation of rules adopted under section
15.23storage tank system release detection requirements, up to a maximum of $2,000;
15.24(10) $50 per violation of rules adopted under section
15.25out-of-service underground storage tank systems and closure, up to a maximum of $2,000;
15.26(11) $50 per violation of sections
15.27tank system notification, monitoring, environmental protection, and tank installers training
15.28and certification requirements, up to a maximum of $2,000;
15.29(12) $25 per gallon of oil or hazardous substance discharged which is not reported or
15.30recovered under section
15.31(13) $1 per gallon of oil or hazardous substance being stored, transported, or
15.32otherwise handled without the prevention or preparedness measures required under
15.33chapter 115E, up to a maximum of $2,000;
15.34(14) $250 per violation of Minnesota Rules, parts 7001.4200 to 7001.4300 or chapter
15.357151, related to aboveground storage tank systems, up to a maximum of $2,000;
16.1(15) $250 per delivery made in violation of section
16.2levied against:
16.3(i) the retail location if vapor recovery equipment is not installed or maintained
16.4properly;
16.5(ii) the carrier if the transport delivery vehicle is not equipped with vapor recovery
16.6equipment; or
16.7(iii) the driver for failure to use supplied vapor recovery equipment
16.8(16) $500 per violation of rules adopted under chapters 115 and 116 relating
16.9to failure to comply with state subsurface sewage treatment system (SSTS) license
16.10requirements, up to a maximum of $2,000;
16.11(17) $500 per violation of rules adopted under chapters 115 and 116 relating to
16.12failure to comply with SSTS surety bond requirements, up to a maximum of $2,000;
16.13(18) $500 per violation of rules adopted under chapters 115 and 116 relating to
16.14failure to provide control measures to prevent the pollution of underground waters from the
16.15discharge of septage into the saturated or unsaturated zone, up to a maximum of $2,000;
16.16(19) $500 per violation of rules adopted under chapters 115 and 116 or Code of
16.17Federal Regulations, title 40, section 503, relating to failure to treat septage for pathogens
16.18and vectors, up to a maximum of $2,000;
16.19(20) $250 per violation of rules adopted under chapters 115 and 116 or Code of
16.20Federal Regulations, title 40, section 503, relating to failure to produce records or maintain
16.21records, up to a maximum of $2,000;
16.22(21) $250 per violation of rules adopted under chapters 115 and 116 or Code of
16.23Federal Regulations, title 40, section 503, relating to failure to submit as-built plans or
16.24compliance inspection forms to the local governmental unit, up to a maximum of $2,000;
16.25and
16.26(22) $500 per violation of rules adopted under chapters 115 and 116 relating to
16.27failure to obtain required local permits, up to a maximum of $2,000.
16.28 Sec. 12. Minnesota Statutes 2012, section 116J.035, subdivision 8, is amended to read:
16.29 Subd. 8. Minnesota Business First Stop. (a) The commissioner of employment and
16.30economic development shall, through the multiagency collaboration called "Minnesota
16.31Business First Stop," ensure the coordination, development, implementation, and
16.32administration of state permits, including:
16.33(1) establishing a mechanism in state government that will coordinate administrative
16.34decision-making procedures and related quasijudicial and judicial review pertaining to
16.35permits related to the state's air, land, and water resources;
17.1(2) providing coordination and understanding between federal, state, and local
17.2governmental units in the administration of the various programs relating to air, water,
17.3and land resources;
17.4(3) identifying all existing state permits, reviews, and other approvals, compliance
17.5schedules, or other programs that pertain to the use of natural resources and protection
17.6of the environment; and
17.7(4) recommending legislative or administrative modifications to existing permit
17.8programs to increase their efficiency and utility.
17.9(b) A person proposing a project may apply to Minnesota Business First Stop for
17.10assistance in obtaining necessary state permits, reviews, and other approvals. Upon
17.11request, the commissioner shall to the extent practicable:
17.12(1) provide a list of all federal, state, and local permits and other required reviews
17.13and approvals for the project;
17.14(2) provide a plan that will coordinate federal, state, and local administrative
17.15decision-making practices, including monitoring, analysis and reporting, public comments
17.16and hearings, and issuances of permits and approvals;
17.17(3) provide a timeline for the issuance of all federal, state, and local permits and
17.18other reviews and approvals required for the project;
17.19(4) coordinate the execution of any memorandum of understanding between the
17.20person proposing a project and any federal, state, or local agency;
17.21(5) coordinate all federal, state, or local public comment periods and hearings; and
17.22(6) provide other assistance requested to facilitate final approval and issuance of all
17.23federal, state, and local permits and other approvals required for the project.
17.24(c) Notwithstanding section
17.25a schedule to assess the project proposer for reasonable costs that any state agency incurs
17.26in
17.27state permits, and the proposer shall pay the assessed costs to the commissioner. Money
17.28received by the commissioner must be credited to an account in the special revenue fund
17.29and is appropriated to the commissioner to cover the assessed costs incurred.
17.30(d) Reimbursement by a project proposer shall precede and not be contingent upon
17.31issuance of a permit and shall not affect any state agency's decision on whether to issue or
17.32deny a permit, what conditions are included in a permit, or the application of state and
17.33federal statutes and rules governing permit determinations.
17.34(e) The coordination of the development, implementation, and administration of
17.35state permits is not governmental action under section
18.1 Sec. 13. RULEMAKING.
18.2(a) The commissioner of the Pollution Control Agency shall amend Minnesota Rules,
18.3chapter 7001, to extend permit terms not to exceed ten years for solid waste management
18.4facilities and shall otherwise amend Minnesota Rules to conform with section 4.
18.5(b) The commissioner of the Pollution Control Agency may use the good cause
18.6exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), and
18.7Minnesota Statutes, section 14.386, does not apply, except as provided in Minnesota
18.8Statutes, section 14.388.
