Bill Text: MN HF2543 | 2013-2014 | 88th Legislature | Introduced
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-Introduced.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-Introduced.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; 116.03, subdivision 2b; 116.07, subdivision 4d; 116.072,
1.9subdivision 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 final version of data is public once electronically transmitted and
1.16received by the Pollution Control Agency, unless otherwise classified by law.
1.17 Sec. 2. Minnesota Statutes 2012, section 84.027, subdivision 14a, is amended to read:
1.18 Subd. 14a. Permitting efficiency. (a) It is the goal of the state that environmental
1.19and resource management permits be issued or denied within 90 days for Tier 1 permits
1.20or 150 daysof the for Tier 2 permits following submission of a permit application.
1.21The commissioner of natural resources shall establish management systems designed
1.22to achieve the goal.
1.23(b) The commissioner shall preparesemiannual an annual permitting efficiency
1.24reports report that include includes statistics on meeting the goal in paragraph (a) and the
1.25criteria for Tier 1 and Tier 2 by permit categories. Thereports are report is due February 1
2.1and August 1 each year. For permit applications that have not met the goal, the report
2.2must state the reasons for not meeting the goal. In stating the reasons for not meeting the
2.3goal, the commissioner shall separately identify delays caused by the responsiveness of
2.4the proposer, lack of staff, scientific or technical disagreements, or the level of public
2.5engagement. The report must specify the number of days from initial submission of the
2.6application to the day of determination that the application is complete. The reportfor
2.7August 1 each year must aggregate the data for the year and assess whether program
2.8or system changes are necessary to achieve the goal. The report must be posted on the
2.9department's Web site and submitted to the governor and the chairs and ranking minority
2.10members of the house of representatives and senate committees having jurisdiction over
2.11natural resources policy and finance.
2.12(c) The commissioner shall allow electronic submission of environmental review
2.13and permit documents to the department.
2.14(d) Beginning July 1, 2011, within 30 business days of application for a permit
2.15subject to paragraph (a), the commissioner of natural resources shall notify the
2.16project proposer, in writing, whether the application is complete or incomplete. If the
2.17commissioner determines that an application is incomplete, the notice to the applicant must
2.18enumerate all deficiencies, citing specific provisions of the applicable rules and statutes,
2.19and advise the applicant on how the deficiencies can be remedied. If the commissioner
2.20determines that the application is complete, the notice must confirm the application's Tier
2.211 or Tier 2 permit status. This paragraph does not apply to an application for a permit that
2.22is subject to a grant or loan agreement under chapter 446A.
2.23EFFECTIVE DATE.This section is effective January 1, 2015.
2.24 Sec. 3. Minnesota Statutes 2012, section 84.027, is amended by adding a subdivision
2.25to read:
2.26 Subd. 14b. Expediting costs; reimbursement. Permit applicants who wish
2.27to construct, reconstruct, modify, or operate a facility needing any permit from the
2.28commissioner of natural resources may offer to reimburse the department for the costs
2.29of staff time or consultant services needed to expedite the permit development process,
2.30including the analysis of environmental review documents. The reimbursement shall be in
2.31addition to permit application fees imposed by law. When the commissioner determines
2.32that additional resources are needed to develop the permit application in an expedited
2.33manner, and that expediting the development is consistent with permitting program
2.34priorities, the commissioner may accept the reimbursement. Reimbursements accepted
2.35by the commissioner are appropriated to the commissioner for the purpose of developing
3.1the permit or analyzing environmental review documents. Reimbursement by a permit
3.2applicant shall precede and not be contingent upon issuance of a permit; shall not affect
3.3the commissioner's decision on whether to issue or deny a permit, what conditions are
3.4included in a permit, or the application of state and federal statutes and rules governing
3.5permit determinations; and shall not affect final decisions regarding environmental review.
3.6 Sec. 4. Minnesota Statutes 2012, section 115.03, subdivision 1, is amended to read:
3.7 Subdivision 1. Generally. The agency is hereby given and charged with the
3.8following powers and duties:
3.9(a) to administer and enforce all laws relating to the pollution of any of the waters of
3.10the state;
3.11(b) to investigate the extent, character, and effect of the pollution of the waters of
3.12this state and to gather data and information necessary or desirable in the administration
3.13or enforcement of pollution laws, and to make such classification of the waters of the
3.14state as it may deem advisable;
3.15(c) to establish and alter such reasonable pollution standards for any waters of
3.16the state in relation to the public use to which they are or may be put as it shall deem
3.17necessary for the purposes of this chapter and, with respect to the pollution of waters
3.18of the state, chapter 116;
3.19(d) to encourage waste treatment, including advanced waste treatment, instead of
3.20stream low-flow augmentation for dilution purposes to control and prevent pollution;
3.21(e) to adopt, issue, reissue, modify, deny, or revoke, enter into or enforce reasonable
3.22orders, permits, variances, standards, rules, schedules of compliance, and stipulation
3.23agreements, under such conditions as it may prescribe, in order to prevent, control or abate
3.24water pollution, or for the installation or operation of disposal systems or parts thereof, or
3.25for other equipment and facilities:
3.26(1) requiring the discontinuance of the discharge of sewage, industrial waste or
3.27other wastes into any waters of the state resulting in pollution in excess of the applicable
3.28pollution standard established under this chapter;
3.29(2) prohibiting or directing the abatement of any discharge of sewage, industrial
3.30waste, or other wastes, into any waters of the state or the deposit thereof or the discharge
3.31into any municipal disposal system where the same is likely to get into any waters of the
3.32state in violation of this chapter and, with respect to the pollution of waters of the state,
3.33chapter 116, or standards or rules promulgated or permits issued pursuant thereto, and
3.34specifying the schedule of compliance within which such prohibition or abatement must
3.35be accomplished;
4.1(3) prohibiting the storage of any liquid or solid substance or other pollutant in a
4.2manner which does not reasonably assure proper retention against entry into any waters of
4.3the state that would be likely to pollute any waters of the state;
4.4(4) requiring the construction, installation, maintenance, and operation by any
4.5person of any disposal system or any part thereof, or other equipment and facilities, or
4.6the reconstruction, alteration, or enlargement of its existing disposal system or any part
4.7thereof, or the adoption of other remedial measures to prevent, control or abate any
4.8discharge or deposit of sewage, industrial waste or other wastes by any person;
4.9(5) establishing, and from time to time revising, standards of performance for new
4.10sources taking into consideration, among other things, classes, types, sizes, and categories
4.11of sources, processes, pollution control technology, cost of achieving such effluent
4.12reduction, and any nonwater quality environmental impact and energy requirements.
4.13Said standards of performance for new sources shall encompass those standards for the
4.14control of the discharge of pollutants which reflect the greatest degree of effluent reduction
4.15which the agency determines to be achievable through application of the best available
4.16demonstrated control technology, processes, operating methods, or other alternatives,
4.17including, where practicable, a standard permitting no discharge of pollutants. New
4.18sources shall encompass buildings, structures, facilities, or installations from which there
4.19is or may be the discharge of pollutants, the construction of which is commenced after the
4.20publication by the agency of proposed rules prescribing a standard of performance which
4.21will be applicable to such source. Notwithstanding any other provision of the law of this
4.22state, any point source the construction of which is commenced after May 20, 1973, and
4.23which is so constructed as to meet all applicable standards of performance for new sources
4.24shall, consistent with and subject to the provisions of section 306(d) of the Amendments
4.25of 1972 to the Federal Water Pollution Control Act, not be subject to any more stringent
4.26standard of performance for new sources during a ten-year period beginning on the date
4.27of completion of such construction or during the period of depreciation or amortization
4.28of such facility for the purposes of section 167 or 169, or both, of the Federal Internal
4.29Revenue Code of 1954, whichever period ends first. Construction shall encompass any
4.30placement, assembly, or installation of facilities or equipment, including contractual
4.31obligations to purchase such facilities or equipment, at the premises where such equipment
4.32will be used, including preparation work at such premises;
4.33(6) establishing and revising pretreatment standards to prevent or abate the discharge
4.34of any pollutant into any publicly owned disposal system, which pollutant interferes with,
4.35passes through, or otherwise is incompatible with such disposal system;
5.1(7) requiring the owner or operator of any disposal system or any point source to
5.2establish and maintain such records, make such reports, install, use, and maintain such
5.3monitoring equipment or methods, including where appropriate biological monitoring
5.4methods, sample such effluents in accordance with such methods, at such locations, at
5.5such intervals, and in such a manner as the agency shall prescribe, and providing such
5.6other information as the agency may reasonably require;
5.7(8) notwithstanding any other provision of this chapter, and with respect to the
5.8pollution of waters of the state, chapter 116, requiring the achievement of more stringent
5.9limitations than otherwise imposed by effluent limitations in order to meet any applicable
5.10water quality standard by establishing new effluent limitations, based upon section115.01,
5.11subdivision 13 , clause (b), including alternative effluent control strategies for any point
5.12source or group of point sources to insure the integrity of water quality classifications,
5.13whenever the agency determines that discharges of pollutants from such point source or
5.14sources, with the application of effluent limitations required to comply with any standard
5.15of best available technology, would interfere with the attainment or maintenance of
5.16the water quality classification in a specific portion of the waters of the state. Prior to
5.17establishment of any such effluent limitation, the agency shall hold a public hearing to
5.18determine the relationship of the economic and social costs of achieving such limitation
5.19or limitations, including any economic or social dislocation in the affected community
5.20or communities, to the social and economic benefits to be obtained and to determine
5.21whether or not such effluent limitation can be implemented with available technology or
5.22other alternative control strategies. If a person affected by such limitation demonstrates at
5.23such hearing that, whether or not such technology or other alternative control strategies
5.24are available, there is no reasonable relationship between the economic and social costs
5.25and the benefits to be obtained, such limitation shall not become effective and shall be
5.26adjusted as it applies to such person;
5.27(9) modifying, in its discretion, any requirement or limitation based upon best
5.28available technology with respect to any point source for which a permit application is
5.29filed after July 1, 1977, upon a showing by the owner or operator of such point source
5.30satisfactory to the agency that such modified requirements will represent the maximum
5.31use of technology within the economic capability of the owner or operator and will result
5.32in reasonable further progress toward the elimination of the discharge of pollutants; and
5.33(10) requiring that applicants for wastewater discharge permits evaluate in their
5.34applications the potential reuses of the discharged wastewater;
6.1(f) to require to be submitted and to approve plans and specifications for disposal
6.2systems or point sources, or any part thereof and to inspect the construction thereof for
6.3compliance with the approved plans and specifications thereof;
6.4(g) to prescribe and alter rules, not inconsistent with law, for the conduct of the
6.5agency and other matters within the scope of the powers granted to and imposed upon it by
6.6this chapter and, with respect to pollution of waters of the state, in chapter 116, provided
6.7that every rule affecting any other department or agency of the state or any person other
6.8than a member or employee of the agency shall be filed with the secretary of state;
6.9(h) to conduct such investigations, issue such notices, public and otherwise, and hold
6.10such hearings as are necessary or which it may deem advisable for the discharge of its
6.11duties under this chapter and, with respect to the pollution of waters of the state, under
6.12chapter 116, including, but not limited to, the issuance of permits, and to authorize any
6.13member, employee, or agent appointed by it to conduct such investigations or, issue such
6.14notices and hold such hearings;
6.15(i) for the purpose of water pollution control planning by the state and pursuant to
6.16the Federal Water Pollution Control Act, as amended, to establish and revise planning
6.17areas, adopt plans and programs and continuing planning processes, including, but not
6.18limited to, basin plans and areawide waste treatment management plans, and to provide
6.19for the implementation of any such plans by means of, including, but not limited to,
6.20standards, plan elements, procedures for revision, intergovernmental cooperation, residual
6.21treatment process waste controls, and needs inventory and ranking for construction
6.22of disposal systems;
6.23(j) to train water pollution control personnel, and charge such fees therefor as are
6.24necessary to cover the agency's costs. All such fees received shall be paid into the state
6.25treasury and credited to the Pollution Control Agency training account;
6.26(k) to impose as additional conditions in permits to publicly owned disposal
6.27systems appropriate measures to insure compliance by industrial and other users with any
6.28pretreatment standard, including, but not limited to, those related to toxic pollutants, and
6.29any system of user charges ratably as is hereby required under state law or said Federal
6.30Water Pollution Control Act, as amended, or any regulations or guidelines promulgated
6.31thereunder;
6.32(l) to set a period not to exceed five years for the duration of any national pollutant
6.33discharge elimination system permit or not to exceed ten years for any permit issued as a
6.34state disposal system permit only;
6.35(m) to require each governmental subdivision identified as a permittee for a
6.36wastewater treatment works to evaluate in every odd-numbered year the condition of its
7.1existing system and identify future capital improvements that will be needed to attain
7.2or maintain compliance with a national pollutant discharge elimination system or state
7.3disposal system permit; and
7.4(n) to train subsurface sewage treatment system personnel, including persons who
7.5design, construct, install, inspect, service, and operate subsurface sewage treatment
7.6systems, and charge fees as necessary to pay the agency's costs. All fees received must be
7.7paid into the state treasury and credited to the agency's training account. Money in the
7.8account is appropriated to the agency to pay expenses related to training.
7.9The information required in clause (m) must be submitted in every odd-numbered year
7.10to the commissioner on a form provided by the commissioner. The commissioner shall
7.11provide technical assistance if requested by the governmental subdivision.
7.12The powers and duties given the agency in this subdivision also apply to permits
7.13issued under chapter 114C.
7.14 Sec. 5. Minnesota Statutes 2012, section 115.03, subdivision 10, is amended to read:
7.15 Subd. 10.Nutrient Pollutant loading offset. (a) Prior to the completion of a
7.16total maximum daily load for an impaired water, The Pollution Control Agency may
7.17issuea permit for a new discharger or an expanding discharger if it results in decreased
7.18loading to an impaired water. Where a new discharger or an expanding existing discharger
7.19cannot effectively implement zero discharge options, the agency may issue a permit if the
7.20increased loading is offset by reductions or amend permits to authorize pollutant discharges
7.21to a receiving water and may authorize reductions in loading from other sourcesof loading
7.22to the impaired water, so that there is to the same receiving water, if together the changes
7.23achieve a net decrease in the pollutant loadingof concern to the receiving water. The term
7.24"new discharger" is as defined in Code of Federal Regulations, title 40, section 122.2. The
7.25agency shall track the pollutant offsets or "trades" implemented under this subdivision.
7.26(b) The legislature intends this subdivision to confirm and clarify the authority of the
7.27Pollution Control Agency to issue the authorized permits under prior law. The subdivision
7.28must not be construed as a legislative interpretation within the meaning of section645.16 ,
7.29clause (8), or otherwise as the legislature's intent that the agency did not have authority to
7.30issue such a permit under prior law.
7.31 Sec. 6. Minnesota Statutes 2012, section 116.03, subdivision 2b, is amended to read:
7.32 Subd. 2b. Permitting efficiency. (a) It is the goal of the state that environmental
7.33and resource management permits be issued or denied within 90 days for Tier 1 permits
7.34or 150 daysof the for Tier 2 permits following submission of a permit application. The
8.1commissioner of the Pollution Control Agency shall establish management systems
8.2designed to achieve the goal.
8.3(b) The commissioner shall preparesemiannual an annual permitting efficiency
8.4reports report that include includes statistics on meeting the goal in paragraph (a) and the
8.5criteria for Tier 1 and Tier 2 by permit categories. Thereports are report is due February 1
8.6and August 1 each year. For permit applications that have not met the goal, the report
8.7must state the reasons for not meeting the goal. In stating the reasons for not meeting the
8.8goal, the commissioner shall separately identify delays caused by the responsiveness of
8.9the proposer, lack of staff, scientific or technical disagreements, or the level of public
8.10engagement. The report must specify the number of days from initial submission of the
8.11application to the day of determination that the application is complete. The reportfor
8.12August 1 each year must aggregate the data for the year and assess whether program
8.13or system changes are necessary to achieve the goal. The report must be posted on the
8.14agency's Web site and submitted to the governor and the chairs and ranking minority
8.15members of the house of representatives and senate committees having jurisdiction over
8.16environment policy and finance.
8.17(c) The commissioner shall allow electronic submission of environmental review
8.18and permit documents to the agency.
8.19(d) Beginning July 1, 2011, within 30 business days of application for a permit
8.20subject to paragraph (a), the commissioner of the Pollution Control Agency shall notify
8.21the project proposer, in writing, whether the application is complete or incomplete. If the
8.22commissioner determines that an application is incomplete, the notice to the applicant must
8.23enumerate all deficiencies, citing specific provisions of the applicable rules and statutes,
8.24and advise the applicant on how the deficiencies can be remedied. If the commissioner
8.25determines that the application is complete, the notice must confirm the application's Tier
8.261 or Tier 2 permit status. This paragraph does not apply to an application for a permit that
8.27is subject to a grant or loan agreement under chapter 446A.
8.28(e) For purposes of this subdivision, "permit professional" means an individual not
8.29employed by the Pollution Control Agency who:
8.30(1) has a professional license issued by the state of Minnesota in the subject area
8.31of the permit;
8.32(2) has at least ten years of experience in the subject area of the permit; and
8.33(3) abides by the duty of candor applicable to employees of the Pollution Control
8.34Agency under agency rules and complies with all applicable requirements under chapter
8.35326.
9.1(f) Upon the agency's request, an applicant relying on a permit professional must
9.2participate in a meeting with the agency before submitting an application:
9.3(1) at least two weeks prior to the preapplication meeting, the applicant must submit
9.4at least the following:
9.5(i) project description, including, but not limited to, scope of work, primary
9.6emissions points, discharge outfalls, and water intake points;
9.7(ii) location of the project, including county, municipality, and location on the site;
9.8(iii) business schedule for project completion; and
9.9(iv) other information requested by the agency at least four weeks prior to the
9.10scheduled meeting; and
9.11 (2) during the preapplication meeting, the agency shall provide for the applicant at
9.12least the following:
9.13(i) an overview of the permit review program;
9.14(ii) a determination of which specific application or applications will be necessary
9.15to complete the project;
9.16(iii) a statement notifying the applicant if the specific permit being sought requires a
9.17mandatory public hearing or comment period;
9.18(iv) a review of the timetable established in the permit review program for the
9.19specific permit being sought; and
9.20(v) a determination of what information must be included in the application,
9.21including a description of any required modeling or testing.
9.22(g) The applicant may select a permit professional to undertake the preparation
9.23of the permit application and draft permit.
9.24(h) If a preapplication meeting was held, the agency shall, within seven business
9.25days of receipt of an application, notify the applicant and submitting permit professional
9.26that the application is complete or is denied, specifying the deficiencies of the application.
9.27(i) Upon receipt of notice that the application is complete, the permit professional
9.28shall submit to the agency a timetable for submitting a draft permit. The permit
9.29professional shall submit a draft permit on or before the date provided in the timetable.
9.30Within 60 days after the close of the public comment period, the commissioner shall notify
9.31the applicant whether the permit can be issued.
9.32(j) Nothing in this section shall be construed to modify:
9.33(1) any requirement of law that is necessary to retain federal delegation to or
9.34assumption by the state; or
9.35(2) the authority to implement a federal law or program.
10.1(k) The permit application and draft permit shall identify or include as an appendix
10.2all studies and other sources of information used to substantiate the analysis contained in
10.3the permit application and draft permit. The commissioner shall request additional studies,
10.4if needed, and the project proposer shall submit all additional studies and information
10.5necessary for the commissioner to perform the commissioner's responsibility to review,
10.6modify, and determine the completeness of the application and approve the draft permit.
10.7EFFECTIVE DATE.This section is effective January 1, 2015.
10.8 Sec. 7. Minnesota Statutes 2012, section 116.07, subdivision 4d, is amended to read:
10.9 Subd. 4d. Permit fees. (a) The agency may collect permit fees in amounts not greater
10.10than those necessary to cover the reasonable costs of developing, reviewing, and acting
10.11upon applications for agency permits and implementing and enforcing the conditions of
10.12the permits pursuant to agency rules. Permit fees shall not include the costs of litigation.
10.13The fee schedule must reflect reasonable and routine direct and indirect costs associated
10.14with permitting, implementation, and enforcement. The agency may impose an additional
10.15enforcement fee to be collected for a period of up to two years to cover the reasonable costs
10.16of implementing and enforcing the conditions of a permit under the rules of the agency.
10.17Any money collected under this paragraph shall be deposited in the environmental fund.
10.18(b) Notwithstanding paragraph (a), the agency shall collect an annual fee from
10.19the owner or operator of all stationary sources, emission facilities, emissions units, air
10.20contaminant treatment facilities, treatment facilities, potential air contaminant storage
10.21facilities, or storage facilities subject to the requirement to obtain a permit under
10.22subchapter V of the federal Clean Air Act, United States Code, title 42, section 7401 et
10.23seq., or section116.081 . The annual fee shall be used to pay for all direct and indirect
10.24reasonable costs, including attorney general costs, required to develop and administer
10.25the permit program requirements of subchapter V of the federal Clean Air Act, United
10.26States Code, title 42, section 7401 et seq., and sections of this chapter and the rules
10.27adopted under this chapter related to air contamination and noise. Those costs include the
10.28reasonable costs of reviewing and acting upon an application for a permit; implementing
10.29and enforcing statutes, rules, and the terms and conditions of a permit; emissions, ambient,
10.30and deposition monitoring; preparing generally applicable regulations; responding to
10.31federal guidance; modeling, analyses, and demonstrations; preparing inventories and
10.32tracking emissions; and providing information to the public about these activities.
10.33(c) The agency shall set fees that:
10.34(1) will result in the collection, in the aggregate, from the sources listed in paragraph
10.35(b), of an amount not less than $25 per ton of each volatile organic compound; pollutant
11.1regulated under United States Code, title 42, section 7411 or 7412 (section 111 or 112
11.2of the federal Clean Air Act); and each pollutant, except carbon monoxide, for which a
11.3national primary ambient air quality standard has been promulgated;
11.4(2) may result in the collection, in the aggregate, from the sources listed in paragraph
11.5(b), of an amount not less than $25 per ton of each pollutant not listed in clause (1) that is
11.6regulated under this chapter or air quality rules adopted under this chapter; and
11.7(3) shall collect, in the aggregate, from the sources listed in paragraph (b), the
11.8amount needed to match grant funds received by the state under United States Code, title
11.942, section 7405 (section 105 of the federal Clean Air Act).
11.10The agency must not include in the calculation of the aggregate amount to be collected
11.11under clauses (1) and (2) any amount in excess of 4,000 tons per year of each air pollutant
11.12from a source. The increase in air permit fees to match federal grant funds shall be a
11.13surcharge on existing fees. The commissioner may not collect the surcharge after the grant
11.14funds become unavailable. In addition, the commissioner shall use nonfee funds to the
11.15extent practical to match the grant funds so that the fee surcharge is minimized.
11.16(d) To cover the reasonable costs described in paragraph (b), the agency shall provide
11.17in the rules promulgated under paragraph (c) for an increase in the fee collected in each year
11.18by the percentage, if any, by which the Consumer Price Index for the most recent calendar
11.19year ending before the beginning of the year the fee is collected exceeds the Consumer Price
11.20Index for the calendar year 1989. For purposes of this paragraph the Consumer Price Index
11.21for any calendar year is the average of the Consumer Price Index for all-urban consumers
11.22published by the United States Department of Labor, as of the close of the 12-month period
11.23ending on August 31 of each calendar year. The revision of the Consumer Price Index that
11.24is most consistent with the Consumer Price Index for calendar year 1989 shall be used.
11.25(e) Any money collected under paragraphs (b) to (d) must be deposited in the
11.26environmental fund and must be used solely for the activities listed in paragraph (b).
11.27(f)Persons Permit applicants who wish to construct or expand, reconstruct, or
11.28modify a facility may offer to reimburse the agency for the costs of staffovertime time
11.29 or consultant services needed to expedite the permit development process, including the
11.30analysis of environmental review documents. The reimbursement shall be in addition
11.31to permit application fees imposed by law. When the agency determines that it needs
11.32additional resources toreview develop the permit application in an expedited manner, and
11.33that expediting thereview would not disrupt development is consistent with permitting
11.34program priorities, the agency may accept the reimbursement. Reimbursements accepted
11.35by the agency are appropriated to the agency for the purpose ofreviewing developing the
11.36permitapplication or analyzing environmental review documents. Reimbursement by a
12.1permit applicant shall precede and not be contingent upon issuance of a permitand; shall
12.2not affect the agency's decision on whether to issue or deny a permit, what conditions are
12.3included in a permit, or the application of state and federal statutes and rules governing
12.4permit determinations; and shall not affect final decisions regarding environmental review.
12.5(g) The fees under this subdivision are exempt from section16A.1285 .
12.6 Sec. 8. Minnesota Statutes 2012, section 116.072, subdivision 2, is amended to read:
12.7 Subd. 2. Amount of penalty; considerations. (a) The commissioner or county
12.8board may issuean order orders assessing a penalty penalties up to $10,000 $20,000 for
12.9all violations identified during an inspection or other compliance review. Beginning July
12.101, 2019, and every five years thereafter, the commissioner shall adjust the maximum
12.11penalty amount under this paragraph based on inflation.
12.12(b) In determining the amount of a penalty the commissioner or county board may
12.13consider:
12.14(1) the willfulness of the violation;
12.15(2) the gravity of the violation, including damage to humans, animals, air, water,
12.16land, or other natural resources of the state;
12.17(3) the history of past violations;
12.18(4) the number of violations;
12.19(5) the economic benefit gained by the person by allowing or committing the
12.20violation; and
12.21(6) other factors as justice may require, if the commissioner or county board
12.22specifically identifies the additional factors in the commissioner's or county board's order.
12.23(c) For a violation after an initial violation, the commissioner or county board shall,
12.24in determining the amount of a penalty, consider the factors in paragraph (b) and the:
12.25(1) similarity of the most recent previous violation and the violation to be penalized;
12.26(2) time elapsed since the last violation;
12.27(3) number of previous violations; and
12.28(4) response of the person to the most recent previous violation identified.
12.29 Sec. 9. Minnesota Statutes 2012, section 116.073, subdivision 1, is amended to read:
12.30 Subdivision 1. Authority to issue. (a) Pollution Control Agency staff designated
12.31by the commissioner and Department of Natural Resources conservation officers may
12.32issue citations to a person who:
13.1(1) disposes of solid waste as defined in section116.06, subdivision 22 , at a location
13.2not authorized by law for the disposal of solid waste without permission of the owner
13.3of the property;
13.4(2) fails to report or recover discharges as required under section115.061 ;
13.5(3) fails to take discharge preventive or preparedness measures required under
13.6chapter 115E;or
13.7(4) fails to install or use vapor recovery equipment during the transfer of gasoline
13.8from a transport delivery vehicle to an underground storage tank as required in section
13.9116.49
, subdivisions 3 and 4.;
13.10(5) performs labor or services designing, installing, constructing, inspecting,
13.11servicing, repairing, or operating a subsurface sewage treatment system (SSTS) as defined
13.12in chapter 115 and has violated rules adopted under chapters 115 and 116 in any of the
13.13following categories:
13.14(i) failure to acquire or maintain a current state-issued SSTS license;
13.15(ii) failure to acquire or maintain a current surety bond for SSTS activities;
13.16(iii) failure to acquire or maintain a required local permit for SSTS activities; or
13.17(iv) failure to submit SSTS as-built plans or certificates of compliance to the local
13.18governmental unit; or
13.19(6) performs labor or services pumping, hauling, treating, spreading, dumping,
13.20discharging, or land applying septage as defined in Minnesota Rules, part 7080.1100,
13.21subpart 69, and has violated rules adopted under chapters 115 and 116 or Code of Federal
13.22Regulations, title 40, section 503, in any of the following categories:
13.23(i) failure to acquire or maintain a current state-issued SSTS license;
13.24(ii) failure to acquire or maintain a current surety bond for SSTS activities;
13.25(iii) failure to prohibit the discharge of septage into the saturated or unsaturated zone;
13.26(iv) failure to produce records or maintain records in accordance with Code of
13.27Federal Regulations, title 40, section 503; or
13.28(v) failure to treat septage for pathogens and vectors in accordance with Code of
13.29Federal Regulations, title 40, section 503.
13.30(b) In addition, Pollution Control Agency staff designated by the commissioner may
13.31issue citations to owners and operators of facilities who violate sections116.46 to
116.50
13.32and Minnesota Rules, chapters 7150 and 7151 and parts 7001.4200 to 7001.4300. A
13.33citation issued under this subdivision must include a requirement that the person cited
13.34remove and properly dispose of or otherwise manage the waste or discharged oil or
13.35hazardous substance, reimburse any government agency that has disposed of the waste or
14.1discharged oil or hazardous substance and contaminated debris for the reasonable costs of
14.2disposal, or correct any storage tank violations.
14.3(c) Citations for violations of sections115E.045 and
116.46 to
116.50 and Minnesota
14.4Rules, chapters 7150 and 7151, may be issued only after the owners and operators have
14.5had a 60-day period to correct violations stated in writing by Pollution Control Agency
14.6staff, unless there is a discharge associated with the violation or the violation is a repeat
14.7violation from a previous inspection.
14.8 Sec. 10. Minnesota Statutes 2012, section 116.073, subdivision 2, is amended to read:
14.9 Subd. 2. Penalty amount. The citation must impose the following penalty amounts:
14.10(1) $100 per major appliance, as defined in section115A.03, subdivision 17a , up
14.11to a maximum of $2,000;
14.12(2) $25 per waste tire, as defined in section115A.90, subdivision 11 , up to a
14.13maximum of $2,000;
14.14(3) $25 per lead acid battery governed by section115A.915 , up to a maximum
14.15of $2,000;
14.16(4) $1 per pound of other solid waste or $20 per cubic foot up to a maximum of $2,000;
14.17(5) up to $200 for any amount of waste that escapes from a vehicle used for the
14.18transportation of solid waste if, after receiving actual notice that waste has escaped the
14.19vehicle, the person or company transporting the waste fails to immediately collect the waste;
14.20(6) $50 per violation of rules adopted under section116.49 , relating to underground
14.21storage tank system design, construction, installation, and notification requirements, up
14.22to a maximum of $2,000;
14.23(7) $500 per violation of rules adopted under section116.49 , relating to upgrading of
14.24existing underground storage tank systems, up to a maximum of $2,000 per tank system;
14.25(8) $250 per violation of rules adopted under section116.49 , relating to underground
14.26storage tank system general operating requirements, up to a maximum of $2,000;
14.27(9) $250 per violation of rules adopted under section116.49 , relating to underground
14.28storage tank system release detection requirements, up to a maximum of $2,000;
14.29(10) $50 per violation of rules adopted under section116.49 , relating to
14.30out-of-service underground storage tank systems and closure, up to a maximum of $2,000;
14.31(11) $50 per violation of sections116.48 to
116.491 relating to underground storage
14.32tank system notification, monitoring, environmental protection, and tank installers training
14.33and certification requirements, up to a maximum of $2,000;
14.34(12) $25 per gallon of oil or hazardous substance discharged which is not reported or
14.35recovered under section115.061 , up to a maximum of $2,000;
15.1(13) $1 per gallon of oil or hazardous substance being stored, transported, or
15.2otherwise handled without the prevention or preparedness measures required under
15.3chapter 115E, up to a maximum of $2,000;
15.4(14) $250 per violation of Minnesota Rules, parts 7001.4200 to 7001.4300 or chapter
15.57151, related to aboveground storage tank systems, up to a maximum of $2,000;and
15.6(15) $250 per delivery made in violation of section116.49, subdivision 3 or 4,
15.7levied against:
15.8(i) the retail location if vapor recovery equipment is not installed or maintained
15.9properly;
15.10(ii) the carrier if the transport delivery vehicle is not equipped with vapor recovery
15.11equipment; or
15.12(iii) the driver for failure to use supplied vapor recovery equipment.;
15.13(16) $500 per violation of rules adopted under chapters 115 and 116 relating
15.14to failure to comply with state subsurface sewage treatment system (SSTS) license
15.15requirements, up to a maximum of $2,000;
15.16(17) $500 per violation of rules adopted under chapters 115 and 116 relating to
15.17failure to comply with SSTS surety bond requirements, up to a maximum of $2,000;
15.18(18) $500 per violation of rules adopted under chapters 115 and 116 relating to
15.19failure to prohibit the discharge of septage into the saturated or unsaturated zone, up
15.20to a maximum of $2,000;
15.21(19) $500 per violation of rules adopted under chapters 115 and 116 or Code of
15.22Federal Regulations, title 40, section 503, relating to failure to treat septage for pathogens
15.23and vectors, up to a maximum of $2,000;
15.24(20) $250 per violation of rules adopted under chapters 115 and 116 or Code of
15.25Federal Regulations, title 40, section 503, relating to failure to produce records or maintain
15.26records, up to a maximum of $2,000;
15.27(21) $250 per violation of rules adopted under chapters 115 and 116 or Code of
15.28Federal Regulations, title 40, section 503, relating to failure to submit as-built plans or
15.29certificates of compliance to the local governmental unit, up to a maximum of $2,000; and
15.30(22) $500 per violation of rules adopted under chapters 115 and 116 relating to
15.31failure to obtain required local permits, up to a maximum of $2,000.
15.32 Sec. 11. Minnesota Statutes 2012, section 116J.035, subdivision 8, is amended to read:
15.33 Subd. 8. Minnesota Business First Stop. (a) The commissioner of employment and
15.34economic development shall, through the multiagency collaboration called "Minnesota
16.1Business First Stop," ensure the coordination, development, implementation, and
16.2administration of state permits, including:
16.3(1) establishing a mechanism in state government that will coordinate administrative
16.4decision-making procedures and related quasijudicial and judicial review pertaining to
16.5permits related to the state's air, land, and water resources;
16.6(2) providing coordination and understanding between federal, state, and local
16.7governmental units in the administration of the various programs relating to air, water,
16.8and land resources;
16.9(3) identifying all existing state permits, reviews, and other approvals, compliance
16.10schedules, or other programs that pertain to the use of natural resources and protection
16.11of the environment; and
16.12(4) recommending legislative or administrative modifications to existing permit
16.13programs to increase their efficiency and utility.
16.14(b) A person proposing a project may apply to Minnesota Business First Stop for
16.15assistance in obtaining necessary state permits, reviews, and other approvals. Upon
16.16request, the commissioner shall to the extent practicable:
16.17(1) provide a list of all federal, state, and local permits and other required reviews
16.18and approvals for the project;
16.19(2) provide a plan that will coordinate federal, state, and local administrative
16.20decision-making practices, including monitoring, analysis and reporting, public comments
16.21and hearings, and issuances of permits and approvals;
16.22(3) provide a timeline for the issuance of all federal, state, and local permits and
16.23other reviews and approvals required for the project;
16.24(4) coordinate the execution of any memorandum of understanding between the
16.25person proposing a project and any federal, state, or local agency;
16.26(5) coordinate all federal, state, or local public comment periods and hearings; and
16.27(6) provide other assistance requested to facilitate final approval and issuance of all
16.28federal, state, and local permits and other approvals required for the project.
16.29(c) Notwithstanding section16A.1283 , as necessary, the commissioner may negotiate
16.30a schedule to assess the project proposer for reasonable costs that any state agency incurs
16.31incoordinating the coordination, development, implementation, and administration of
16.32state permits, and the proposer shall pay the assessed costs to the commissioner. Money
16.33received by the commissioner must be credited to an account in the special revenue fund
16.34and is appropriated to the commissioner to cover the assessed costs incurred.
16.35(d) Reimbursement by a project proposer shall precede and not be contingent upon
16.36issuance of a permit and shall not affect any state agency's decision on whether to issue or
17.1deny a permit, what conditions are included in a permit, or the application of state and
17.2federal statutes and rules governing permit determinations.
17.3(e) The coordination of the development, implementation, and administration of
17.4state permits is not governmental action under section116D.04 .
17.5 Sec. 12. RULEMAKING.
17.6(a) The commissioner of the Pollution Control Agency shall amend Minnesota Rules,
17.7chapter 7001, to extend permit terms not to exceed ten years for solid waste management
17.8facilities and shall otherwise amend Minnesota Rules to conform with section 4.
17.9(b) The commissioner of the Pollution Control Agency may use the good cause
17.10exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), and
17.11Minnesota Statutes, section 14.386, does not apply, except as provided in Minnesota
17.12Statutes, 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; 116.03, subdivision 2b; 116.07, subdivision 4d; 116.072,
1.9subdivision 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 final version of data is public once electronically transmitted and
1.16received by the Pollution Control Agency, unless otherwise classified by law.
1.17 Sec. 2. Minnesota Statutes 2012, section 84.027, subdivision 14a, is amended to read:
1.18 Subd. 14a. Permitting efficiency. (a) It is the goal of the state that environmental
1.19and resource management permits be issued or denied within 90 days for Tier 1 permits
1.20or 150 days
1.21The commissioner of natural resources shall establish management systems designed
1.22to achieve the goal.
1.23(b) The commissioner shall prepare
1.24
1.25criteria for Tier 1 and Tier 2 by permit categories. The
2.1
2.2must state the reasons for not meeting the goal. In stating the reasons for not meeting the
2.3goal, the commissioner shall separately identify delays caused by the responsiveness of
2.4the proposer, lack of staff, scientific or technical disagreements, or the level of public
2.5engagement. The report must specify the number of days from initial submission of the
2.6application to the day of determination that the application is complete. The report
2.7
2.8or system changes are necessary to achieve the goal. The report must be posted on the
2.9department's Web site and submitted to the governor and the chairs and ranking minority
2.10members of the house of representatives and senate committees having jurisdiction over
2.11natural resources policy and finance.
2.12(c) The commissioner shall allow electronic submission of environmental review
2.13and permit documents to the department.
2.14(d) Beginning July 1, 2011, within 30 business days of application for a permit
2.15subject to paragraph (a), the commissioner of natural resources shall notify the
2.16project proposer, in writing, whether the application is complete or incomplete. If the
2.17commissioner determines that an application is incomplete, the notice to the applicant must
2.18enumerate all deficiencies, citing specific provisions of the applicable rules and statutes,
2.19and advise the applicant on how the deficiencies can be remedied. If the commissioner
2.20determines that the application is complete, the notice must confirm the application's Tier
2.211 or Tier 2 permit status. This paragraph does not apply to an application for a permit that
2.22is subject to a grant or loan agreement under chapter 446A.
2.23EFFECTIVE DATE.This section is effective January 1, 2015.
2.24 Sec. 3. Minnesota Statutes 2012, section 84.027, is amended by adding a subdivision
2.25to read:
2.26 Subd. 14b. Expediting costs; reimbursement. Permit applicants who wish
2.27to construct, reconstruct, modify, or operate a facility needing any permit from the
2.28commissioner of natural resources may offer to reimburse the department for the costs
2.29of staff time or consultant services needed to expedite the permit development process,
2.30including the analysis of environmental review documents. The reimbursement shall be in
2.31addition to permit application fees imposed by law. When the commissioner determines
2.32that additional resources are needed to develop the permit application in an expedited
2.33manner, and that expediting the development is consistent with permitting program
2.34priorities, the commissioner may accept the reimbursement. Reimbursements accepted
2.35by the commissioner are appropriated to the commissioner for the purpose of developing
3.1the permit or analyzing environmental review documents. Reimbursement by a permit
3.2applicant shall precede and not be contingent upon issuance of a permit; shall not affect
3.3the commissioner's decision on whether to issue or deny a permit, what conditions are
3.4included in a permit, or the application of state and federal statutes and rules governing
3.5permit determinations; and shall not affect final decisions regarding environmental review.
3.6 Sec. 4. Minnesota Statutes 2012, section 115.03, subdivision 1, is amended to read:
3.7 Subdivision 1. Generally. The agency is hereby given and charged with the
3.8following powers and duties:
3.9(a) to administer and enforce all laws relating to the pollution of any of the waters of
3.10the state;
3.11(b) to investigate the extent, character, and effect of the pollution of the waters of
3.12this state and to gather data and information necessary or desirable in the administration
3.13or enforcement of pollution laws, and to make such classification of the waters of the
3.14state as it may deem advisable;
3.15(c) to establish and alter such reasonable pollution standards for any waters of
3.16the state in relation to the public use to which they are or may be put as it shall deem
3.17necessary for the purposes of this chapter and, with respect to the pollution of waters
3.18of the state, chapter 116;
3.19(d) to encourage waste treatment, including advanced waste treatment, instead of
3.20stream low-flow augmentation for dilution purposes to control and prevent pollution;
3.21(e) to adopt, issue, reissue, modify, deny, or revoke, enter into or enforce reasonable
3.22orders, permits, variances, standards, rules, schedules of compliance, and stipulation
3.23agreements, under such conditions as it may prescribe, in order to prevent, control or abate
3.24water pollution, or for the installation or operation of disposal systems or parts thereof, or
3.25for other equipment and facilities:
3.26(1) requiring the discontinuance of the discharge of sewage, industrial waste or
3.27other wastes into any waters of the state resulting in pollution in excess of the applicable
3.28pollution standard established under this chapter;
3.29(2) prohibiting or directing the abatement of any discharge of sewage, industrial
3.30waste, or other wastes, into any waters of the state or the deposit thereof or the discharge
3.31into any municipal disposal system where the same is likely to get into any waters of the
3.32state in violation of this chapter and, with respect to the pollution of waters of the state,
3.33chapter 116, or standards or rules promulgated or permits issued pursuant thereto, and
3.34specifying the schedule of compliance within which such prohibition or abatement must
3.35be accomplished;
4.1(3) prohibiting the storage of any liquid or solid substance or other pollutant in a
4.2manner which does not reasonably assure proper retention against entry into any waters of
4.3the state that would be likely to pollute any waters of the state;
4.4(4) requiring the construction, installation, maintenance, and operation by any
4.5person of any disposal system or any part thereof, or other equipment and facilities, or
4.6the reconstruction, alteration, or enlargement of its existing disposal system or any part
4.7thereof, or the adoption of other remedial measures to prevent, control or abate any
4.8discharge or deposit of sewage, industrial waste or other wastes by any person;
4.9(5) establishing, and from time to time revising, standards of performance for new
4.10sources taking into consideration, among other things, classes, types, sizes, and categories
4.11of sources, processes, pollution control technology, cost of achieving such effluent
4.12reduction, and any nonwater quality environmental impact and energy requirements.
4.13Said standards of performance for new sources shall encompass those standards for the
4.14control of the discharge of pollutants which reflect the greatest degree of effluent reduction
4.15which the agency determines to be achievable through application of the best available
4.16demonstrated control technology, processes, operating methods, or other alternatives,
4.17including, where practicable, a standard permitting no discharge of pollutants. New
4.18sources shall encompass buildings, structures, facilities, or installations from which there
4.19is or may be the discharge of pollutants, the construction of which is commenced after the
4.20publication by the agency of proposed rules prescribing a standard of performance which
4.21will be applicable to such source. Notwithstanding any other provision of the law of this
4.22state, any point source the construction of which is commenced after May 20, 1973, and
4.23which is so constructed as to meet all applicable standards of performance for new sources
4.24shall, consistent with and subject to the provisions of section 306(d) of the Amendments
4.25of 1972 to the Federal Water Pollution Control Act, not be subject to any more stringent
4.26standard of performance for new sources during a ten-year period beginning on the date
4.27of completion of such construction or during the period of depreciation or amortization
4.28of such facility for the purposes of section 167 or 169, or both, of the Federal Internal
4.29Revenue Code of 1954, whichever period ends first. Construction shall encompass any
4.30placement, assembly, or installation of facilities or equipment, including contractual
4.31obligations to purchase such facilities or equipment, at the premises where such equipment
4.32will be used, including preparation work at such premises;
4.33(6) establishing and revising pretreatment standards to prevent or abate the discharge
4.34of any pollutant into any publicly owned disposal system, which pollutant interferes with,
4.35passes through, or otherwise is incompatible with such disposal system;
5.1(7) requiring the owner or operator of any disposal system or any point source to
5.2establish and maintain such records, make such reports, install, use, and maintain such
5.3monitoring equipment or methods, including where appropriate biological monitoring
5.4methods, sample such effluents in accordance with such methods, at such locations, at
5.5such intervals, and in such a manner as the agency shall prescribe, and providing such
5.6other information as the agency may reasonably require;
5.7(8) notwithstanding any other provision of this chapter, and with respect to the
5.8pollution of waters of the state, chapter 116, requiring the achievement of more stringent
5.9limitations than otherwise imposed by effluent limitations in order to meet any applicable
5.10water quality standard by establishing new effluent limitations, based upon section
5.11subdivision 13
5.12source or group of point sources to insure the integrity of water quality classifications,
5.13whenever the agency determines that discharges of pollutants from such point source or
5.14sources, with the application of effluent limitations required to comply with any standard
5.15of best available technology, would interfere with the attainment or maintenance of
5.16the water quality classification in a specific portion of the waters of the state. Prior to
5.17establishment of any such effluent limitation, the agency shall hold a public hearing to
5.18determine the relationship of the economic and social costs of achieving such limitation
5.19or limitations, including any economic or social dislocation in the affected community
5.20or communities, to the social and economic benefits to be obtained and to determine
5.21whether or not such effluent limitation can be implemented with available technology or
5.22other alternative control strategies. If a person affected by such limitation demonstrates at
5.23such hearing that, whether or not such technology or other alternative control strategies
5.24are available, there is no reasonable relationship between the economic and social costs
5.25and the benefits to be obtained, such limitation shall not become effective and shall be
5.26adjusted as it applies to such person;
5.27(9) modifying, in its discretion, any requirement or limitation based upon best
5.28available technology with respect to any point source for which a permit application is
5.29filed after July 1, 1977, upon a showing by the owner or operator of such point source
5.30satisfactory to the agency that such modified requirements will represent the maximum
5.31use of technology within the economic capability of the owner or operator and will result
5.32in reasonable further progress toward the elimination of the discharge of pollutants; and
5.33(10) requiring that applicants for wastewater discharge permits evaluate in their
5.34applications the potential reuses of the discharged wastewater;
6.1(f) to require to be submitted and to approve plans and specifications for disposal
6.2systems or point sources, or any part thereof and to inspect the construction thereof for
6.3compliance with the approved plans and specifications thereof;
6.4(g) to prescribe and alter rules, not inconsistent with law, for the conduct of the
6.5agency and other matters within the scope of the powers granted to and imposed upon it by
6.6this chapter and, with respect to pollution of waters of the state, in chapter 116, provided
6.7that every rule affecting any other department or agency of the state or any person other
6.8than a member or employee of the agency shall be filed with the secretary of state;
6.9(h) to conduct such investigations, issue such notices, public and otherwise, and hold
6.10such hearings as are necessary or which it may deem advisable for the discharge of its
6.11duties under this chapter and, with respect to the pollution of waters of the state, under
6.12chapter 116, including, but not limited to, the issuance of permits, and to authorize any
6.13member, employee, or agent appointed by it to conduct such investigations or, issue such
6.14notices and hold such hearings;
6.15(i) for the purpose of water pollution control planning by the state and pursuant to
6.16the Federal Water Pollution Control Act, as amended, to establish and revise planning
6.17areas, adopt plans and programs and continuing planning processes, including, but not
6.18limited to, basin plans and areawide waste treatment management plans, and to provide
6.19for the implementation of any such plans by means of, including, but not limited to,
6.20standards, plan elements, procedures for revision, intergovernmental cooperation, residual
6.21treatment process waste controls, and needs inventory and ranking for construction
6.22of disposal systems;
6.23(j) to train water pollution control personnel, and charge such fees therefor as are
6.24necessary to cover the agency's costs. All such fees received shall be paid into the state
6.25treasury and credited to the Pollution Control Agency training account;
6.26(k) to impose as additional conditions in permits to publicly owned disposal
6.27systems appropriate measures to insure compliance by industrial and other users with any
6.28pretreatment standard, including, but not limited to, those related to toxic pollutants, and
6.29any system of user charges ratably as is hereby required under state law or said Federal
6.30Water Pollution Control Act, as amended, or any regulations or guidelines promulgated
6.31thereunder;
6.32(l) to set a period not to exceed five years for the duration of any national pollutant
6.33discharge elimination system permit or not to exceed ten years for any permit issued as a
6.34state disposal system permit only;
6.35(m) to require each governmental subdivision identified as a permittee for a
6.36wastewater treatment works to evaluate in every odd-numbered year the condition of its
7.1existing system and identify future capital improvements that will be needed to attain
7.2or maintain compliance with a national pollutant discharge elimination system or state
7.3disposal system permit; and
7.4(n) to train subsurface sewage treatment system personnel, including persons who
7.5design, construct, install, inspect, service, and operate subsurface sewage treatment
7.6systems, and charge fees as necessary to pay the agency's costs. All fees received must be
7.7paid into the state treasury and credited to the agency's training account. Money in the
7.8account is appropriated to the agency to pay expenses related to training.
7.9The information required in clause (m) must be submitted in every odd-numbered year
7.10to the commissioner on a form provided by the commissioner. The commissioner shall
7.11provide technical assistance if requested by the governmental subdivision.
7.12The powers and duties given the agency in this subdivision also apply to permits
7.13issued under chapter 114C.
7.14 Sec. 5. Minnesota Statutes 2012, section 115.03, subdivision 10, is amended to read:
7.15 Subd. 10.
7.16
7.17issue
7.18
7.19
7.20
7.21to a receiving water and may authorize reductions in loading from other sources
7.22
7.23achieve a net decrease in the pollutant loading
7.24
7.25agency shall track the pollutant offsets or "trades" implemented under this subdivision.
7.26(b) The legislature intends this subdivision to confirm and clarify the authority of the
7.27Pollution Control Agency to issue the authorized permits under prior law. The subdivision
7.28must not be construed as a legislative interpretation within the meaning of section
7.29clause (8), or otherwise as the legislature's intent that the agency did not have authority to
7.30issue such a permit under prior law.
7.31 Sec. 6. Minnesota Statutes 2012, section 116.03, subdivision 2b, is amended to read:
7.32 Subd. 2b. Permitting efficiency. (a) It is the goal of the state that environmental
7.33and resource management permits be issued or denied within 90 days for Tier 1 permits
7.34or 150 days
8.1commissioner of the Pollution Control Agency shall establish management systems
8.2designed to achieve the goal.
8.3(b) The commissioner shall prepare
8.4
8.5criteria for Tier 1 and Tier 2 by permit categories. The
8.6
8.7must state the reasons for not meeting the goal. In stating the reasons for not meeting the
8.8goal, the commissioner shall separately identify delays caused by the responsiveness of
8.9the proposer, lack of staff, scientific or technical disagreements, or the level of public
8.10engagement. The report must specify the number of days from initial submission of the
8.11application to the day of determination that the application is complete. The report
8.12
8.13or system changes are necessary to achieve the goal. The report must be posted on the
8.14agency's Web site and submitted to the governor and the chairs and ranking minority
8.15members of the house of representatives and senate committees having jurisdiction over
8.16environment policy and finance.
8.17(c) The commissioner shall allow electronic submission of environmental review
8.18and permit documents to the agency.
8.19(d) Beginning July 1, 2011, within 30 business days of application for a permit
8.20subject to paragraph (a), the commissioner of the Pollution Control Agency shall notify
8.21the project proposer, in writing, whether the application is complete or incomplete. If the
8.22commissioner determines that an application is incomplete, the notice to the applicant must
8.23enumerate all deficiencies, citing specific provisions of the applicable rules and statutes,
8.24and advise the applicant on how the deficiencies can be remedied. If the commissioner
8.25determines that the application is complete, the notice must confirm the application's Tier
8.261 or Tier 2 permit status. This paragraph does not apply to an application for a permit that
8.27is subject to a grant or loan agreement under chapter 446A.
8.28(e) For purposes of this subdivision, "permit professional" means an individual not
8.29employed by the Pollution Control Agency who:
8.30(1) has a professional license issued by the state of Minnesota in the subject area
8.31of the permit;
8.32(2) has at least ten years of experience in the subject area of the permit; and
8.33(3) abides by the duty of candor applicable to employees of the Pollution Control
8.34Agency under agency rules and complies with all applicable requirements under chapter
8.35326.
9.1(f) Upon the agency's request, an applicant relying on a permit professional must
9.2participate in a meeting with the agency before submitting an application:
9.3(1) at least two weeks prior to the preapplication meeting, the applicant must submit
9.4at least the following:
9.5(i) project description, including, but not limited to, scope of work, primary
9.6emissions points, discharge outfalls, and water intake points;
9.7(ii) location of the project, including county, municipality, and location on the site;
9.8(iii) business schedule for project completion; and
9.9(iv) other information requested by the agency at least four weeks prior to the
9.10scheduled meeting; and
9.11 (2) during the preapplication meeting, the agency shall provide for the applicant at
9.12least the following:
9.13(i) an overview of the permit review program;
9.14(ii) a determination of which specific application or applications will be necessary
9.15to complete the project;
9.16(iii) a statement notifying the applicant if the specific permit being sought requires a
9.17mandatory public hearing or comment period;
9.18(iv) a review of the timetable established in the permit review program for the
9.19specific permit being sought; and
9.20(v) a determination of what information must be included in the application,
9.21including a description of any required modeling or testing.
9.22(g) The applicant may select a permit professional to undertake the preparation
9.23of the permit application and draft permit.
9.24(h) If a preapplication meeting was held, the agency shall, within seven business
9.25days of receipt of an application, notify the applicant and submitting permit professional
9.26that the application is complete or is denied, specifying the deficiencies of the application.
9.27(i) Upon receipt of notice that the application is complete, the permit professional
9.28shall submit to the agency a timetable for submitting a draft permit. The permit
9.29professional shall submit a draft permit on or before the date provided in the timetable.
9.30Within 60 days after the close of the public comment period, the commissioner shall notify
9.31the applicant whether the permit can be issued.
9.32(j) Nothing in this section shall be construed to modify:
9.33(1) any requirement of law that is necessary to retain federal delegation to or
9.34assumption by the state; or
9.35(2) the authority to implement a federal law or program.
10.1(k) The permit application and draft permit shall identify or include as an appendix
10.2all studies and other sources of information used to substantiate the analysis contained in
10.3the permit application and draft permit. The commissioner shall request additional studies,
10.4if needed, and the project proposer shall submit all additional studies and information
10.5necessary for the commissioner to perform the commissioner's responsibility to review,
10.6modify, and determine the completeness of the application and approve the draft permit.
10.7EFFECTIVE DATE.This section is effective January 1, 2015.
10.8 Sec. 7. Minnesota Statutes 2012, section 116.07, subdivision 4d, is amended to read:
10.9 Subd. 4d. Permit fees. (a) The agency may collect permit fees in amounts not greater
10.10than those necessary to cover the reasonable costs of developing, reviewing, and acting
10.11upon applications for agency permits and implementing and enforcing the conditions of
10.12the permits pursuant to agency rules. Permit fees shall not include the costs of litigation.
10.13The fee schedule must reflect reasonable and routine direct and indirect costs associated
10.14with permitting, implementation, and enforcement. The agency may impose an additional
10.15enforcement fee to be collected for a period of up to two years to cover the reasonable costs
10.16of implementing and enforcing the conditions of a permit under the rules of the agency.
10.17Any money collected under this paragraph shall be deposited in the environmental fund.
10.18(b) Notwithstanding paragraph (a), the agency shall collect an annual fee from
10.19the owner or operator of all stationary sources, emission facilities, emissions units, air
10.20contaminant treatment facilities, treatment facilities, potential air contaminant storage
10.21facilities, or storage facilities subject to the requirement to obtain a permit under
10.22subchapter V of the federal Clean Air Act, United States Code, title 42, section 7401 et
10.23seq., or section
10.24reasonable costs, including attorney general costs, required to develop and administer
10.25the permit program requirements of subchapter V of the federal Clean Air Act, United
10.26States Code, title 42, section 7401 et seq., and sections of this chapter and the rules
10.27adopted under this chapter related to air contamination and noise. Those costs include the
10.28reasonable costs of reviewing and acting upon an application for a permit; implementing
10.29and enforcing statutes, rules, and the terms and conditions of a permit; emissions, ambient,
10.30and deposition monitoring; preparing generally applicable regulations; responding to
10.31federal guidance; modeling, analyses, and demonstrations; preparing inventories and
10.32tracking emissions; and providing information to the public about these activities.
10.33(c) The agency shall set fees that:
10.34(1) will result in the collection, in the aggregate, from the sources listed in paragraph
10.35(b), of an amount not less than $25 per ton of each volatile organic compound; pollutant
11.1regulated under United States Code, title 42, section 7411 or 7412 (section 111 or 112
11.2of the federal Clean Air Act); and each pollutant, except carbon monoxide, for which a
11.3national primary ambient air quality standard has been promulgated;
11.4(2) may result in the collection, in the aggregate, from the sources listed in paragraph
11.5(b), of an amount not less than $25 per ton of each pollutant not listed in clause (1) that is
11.6regulated under this chapter or air quality rules adopted under this chapter; and
11.7(3) shall collect, in the aggregate, from the sources listed in paragraph (b), the
11.8amount needed to match grant funds received by the state under United States Code, title
11.942, section 7405 (section 105 of the federal Clean Air Act).
11.10The agency must not include in the calculation of the aggregate amount to be collected
11.11under clauses (1) and (2) any amount in excess of 4,000 tons per year of each air pollutant
11.12from a source. The increase in air permit fees to match federal grant funds shall be a
11.13surcharge on existing fees. The commissioner may not collect the surcharge after the grant
11.14funds become unavailable. In addition, the commissioner shall use nonfee funds to the
11.15extent practical to match the grant funds so that the fee surcharge is minimized.
11.16(d) To cover the reasonable costs described in paragraph (b), the agency shall provide
11.17in the rules promulgated under paragraph (c) for an increase in the fee collected in each year
11.18by the percentage, if any, by which the Consumer Price Index for the most recent calendar
11.19year ending before the beginning of the year the fee is collected exceeds the Consumer Price
11.20Index for the calendar year 1989. For purposes of this paragraph the Consumer Price Index
11.21for any calendar year is the average of the Consumer Price Index for all-urban consumers
11.22published by the United States Department of Labor, as of the close of the 12-month period
11.23ending on August 31 of each calendar year. The revision of the Consumer Price Index that
11.24is most consistent with the Consumer Price Index for calendar year 1989 shall be used.
11.25(e) Any money collected under paragraphs (b) to (d) must be deposited in the
11.26environmental fund and must be used solely for the activities listed in paragraph (b).
11.27(f)
11.28modify a facility may offer to reimburse the agency for the costs of staff
11.29 or consultant services needed to expedite the permit development process, including the
11.30analysis of environmental review documents. The reimbursement shall be in addition
11.31to permit application fees imposed by law. When the agency determines that it needs
11.32additional resources to
11.33that expediting the
11.34program priorities, the agency may accept the reimbursement. Reimbursements accepted
11.35by the agency are appropriated to the agency for the purpose of
11.36permit
12.1permit applicant shall precede and not be contingent upon issuance of a permit
12.2not affect the agency's decision on whether to issue or deny a permit, what conditions are
12.3included in a permit, or the application of state and federal statutes and rules governing
12.4permit determinations; and shall not affect final decisions regarding environmental review.
12.5(g) The fees under this subdivision are exempt from section
12.6 Sec. 8. Minnesota Statutes 2012, section 116.072, subdivision 2, is amended to read:
12.7 Subd. 2. Amount of penalty; considerations. (a) The commissioner or county
12.8board may issue
12.9
12.101, 2019, and every five years thereafter, the commissioner shall adjust the maximum
12.11penalty amount under this paragraph based on inflation.
12.12(b) In determining the amount of a penalty the commissioner or county board may
12.13consider:
12.14(1) the willfulness of the violation;
12.15(2) the gravity of the violation, including damage to humans, animals, air, water,
12.16land, or other natural resources of the state;
12.17(3) the history of past violations;
12.18(4) the number of violations;
12.19(5) the economic benefit gained by the person by allowing or committing the
12.20violation; and
12.21(6) other factors as justice may require, if the commissioner or county board
12.22specifically identifies the additional factors in the commissioner's or county board's order.
12.23(c) For a violation after an initial violation, the commissioner or county board shall,
12.24in determining the amount of a penalty, consider the factors in paragraph (b) and the:
12.25(1) similarity of the most recent previous violation and the violation to be penalized;
12.26(2) time elapsed since the last violation;
12.27(3) number of previous violations; and
12.28(4) response of the person to the most recent previous violation identified.
12.29 Sec. 9. Minnesota Statutes 2012, section 116.073, subdivision 1, is amended to read:
12.30 Subdivision 1. Authority to issue. (a) Pollution Control Agency staff designated
12.31by the commissioner and Department of Natural Resources conservation officers may
12.32issue citations to a person who:
13.1(1) disposes of solid waste as defined in section
13.2not authorized by law for the disposal of solid waste without permission of the owner
13.3of the property;
13.4(2) fails to report or recover discharges as required under section
13.5(3) fails to take discharge preventive or preparedness measures required under
13.6chapter 115E;
13.7(4) fails to install or use vapor recovery equipment during the transfer of gasoline
13.8from a transport delivery vehicle to an underground storage tank as required in section
13.10(5) performs labor or services designing, installing, constructing, inspecting,
13.11servicing, repairing, or operating a subsurface sewage treatment system (SSTS) as defined
13.12in chapter 115 and has violated rules adopted under chapters 115 and 116 in any of the
13.13following categories:
13.14(i) failure to acquire or maintain a current state-issued SSTS license;
13.15(ii) failure to acquire or maintain a current surety bond for SSTS activities;
13.16(iii) failure to acquire or maintain a required local permit for SSTS activities; or
13.17(iv) failure to submit SSTS as-built plans or certificates of compliance to the local
13.18governmental unit; or
13.19(6) performs labor or services pumping, hauling, treating, spreading, dumping,
13.20discharging, or land applying septage as defined in Minnesota Rules, part 7080.1100,
13.21subpart 69, and has violated rules adopted under chapters 115 and 116 or Code of Federal
13.22Regulations, title 40, section 503, in any of the following categories:
13.23(i) failure to acquire or maintain a current state-issued SSTS license;
13.24(ii) failure to acquire or maintain a current surety bond for SSTS activities;
13.25(iii) failure to prohibit the discharge of septage into the saturated or unsaturated zone;
13.26(iv) failure to produce records or maintain records in accordance with Code of
13.27Federal Regulations, title 40, section 503; or
13.28(v) failure to treat septage for pathogens and vectors in accordance with Code of
13.29Federal Regulations, title 40, section 503.
13.30(b) In addition, Pollution Control Agency staff designated by the commissioner may
13.31issue citations to owners and operators of facilities who violate sections
13.32and Minnesota Rules, chapters 7150 and 7151 and parts 7001.4200 to 7001.4300. A
13.33citation issued under this subdivision must include a requirement that the person cited
13.34remove and properly dispose of or otherwise manage the waste or discharged oil or
13.35hazardous substance, reimburse any government agency that has disposed of the waste or
14.1discharged oil or hazardous substance and contaminated debris for the reasonable costs of
14.2disposal, or correct any storage tank violations.
14.3(c) Citations for violations of sections
14.4Rules, chapters 7150 and 7151, may be issued only after the owners and operators have
14.5had a 60-day period to correct violations stated in writing by Pollution Control Agency
14.6staff, unless there is a discharge associated with the violation or the violation is a repeat
14.7violation from a previous inspection.
14.8 Sec. 10. Minnesota Statutes 2012, section 116.073, subdivision 2, is amended to read:
14.9 Subd. 2. Penalty amount. The citation must impose the following penalty amounts:
14.10(1) $100 per major appliance, as defined in section
14.11to a maximum of $2,000;
14.12(2) $25 per waste tire, as defined in section
14.13maximum of $2,000;
14.14(3) $25 per lead acid battery governed by section
14.15of $2,000;
14.16(4) $1 per pound of other solid waste or $20 per cubic foot up to a maximum of $2,000;
14.17(5) up to $200 for any amount of waste that escapes from a vehicle used for the
14.18transportation of solid waste if, after receiving actual notice that waste has escaped the
14.19vehicle, the person or company transporting the waste fails to immediately collect the waste;
14.20(6) $50 per violation of rules adopted under section
14.21storage tank system design, construction, installation, and notification requirements, up
14.22to a maximum of $2,000;
14.23(7) $500 per violation of rules adopted under section
14.24existing underground storage tank systems, up to a maximum of $2,000 per tank system;
14.25(8) $250 per violation of rules adopted under section
14.26storage tank system general operating requirements, up to a maximum of $2,000;
14.27(9) $250 per violation of rules adopted under section
14.28storage tank system release detection requirements, up to a maximum of $2,000;
14.29(10) $50 per violation of rules adopted under section
14.30out-of-service underground storage tank systems and closure, up to a maximum of $2,000;
14.31(11) $50 per violation of sections
14.32tank system notification, monitoring, environmental protection, and tank installers training
14.33and certification requirements, up to a maximum of $2,000;
14.34(12) $25 per gallon of oil or hazardous substance discharged which is not reported or
14.35recovered under section
15.1(13) $1 per gallon of oil or hazardous substance being stored, transported, or
15.2otherwise handled without the prevention or preparedness measures required under
15.3chapter 115E, up to a maximum of $2,000;
15.4(14) $250 per violation of Minnesota Rules, parts 7001.4200 to 7001.4300 or chapter
15.57151, related to aboveground storage tank systems, up to a maximum of $2,000;
15.6(15) $250 per delivery made in violation of section
15.7levied against:
15.8(i) the retail location if vapor recovery equipment is not installed or maintained
15.9properly;
15.10(ii) the carrier if the transport delivery vehicle is not equipped with vapor recovery
15.11equipment; or
15.12(iii) the driver for failure to use supplied vapor recovery equipment
15.13(16) $500 per violation of rules adopted under chapters 115 and 116 relating
15.14to failure to comply with state subsurface sewage treatment system (SSTS) license
15.15requirements, up to a maximum of $2,000;
15.16(17) $500 per violation of rules adopted under chapters 115 and 116 relating to
15.17failure to comply with SSTS surety bond requirements, up to a maximum of $2,000;
15.18(18) $500 per violation of rules adopted under chapters 115 and 116 relating to
15.19failure to prohibit the discharge of septage into the saturated or unsaturated zone, up
15.20to a maximum of $2,000;
15.21(19) $500 per violation of rules adopted under chapters 115 and 116 or Code of
15.22Federal Regulations, title 40, section 503, relating to failure to treat septage for pathogens
15.23and vectors, up to a maximum of $2,000;
15.24(20) $250 per violation of rules adopted under chapters 115 and 116 or Code of
15.25Federal Regulations, title 40, section 503, relating to failure to produce records or maintain
15.26records, up to a maximum of $2,000;
15.27(21) $250 per violation of rules adopted under chapters 115 and 116 or Code of
15.28Federal Regulations, title 40, section 503, relating to failure to submit as-built plans or
15.29certificates of compliance to the local governmental unit, up to a maximum of $2,000; and
15.30(22) $500 per violation of rules adopted under chapters 115 and 116 relating to
15.31failure to obtain required local permits, up to a maximum of $2,000.
15.32 Sec. 11. Minnesota Statutes 2012, section 116J.035, subdivision 8, is amended to read:
15.33 Subd. 8. Minnesota Business First Stop. (a) The commissioner of employment and
15.34economic development shall, through the multiagency collaboration called "Minnesota
16.1Business First Stop," ensure the coordination, development, implementation, and
16.2administration of state permits, including:
16.3(1) establishing a mechanism in state government that will coordinate administrative
16.4decision-making procedures and related quasijudicial and judicial review pertaining to
16.5permits related to the state's air, land, and water resources;
16.6(2) providing coordination and understanding between federal, state, and local
16.7governmental units in the administration of the various programs relating to air, water,
16.8and land resources;
16.9(3) identifying all existing state permits, reviews, and other approvals, compliance
16.10schedules, or other programs that pertain to the use of natural resources and protection
16.11of the environment; and
16.12(4) recommending legislative or administrative modifications to existing permit
16.13programs to increase their efficiency and utility.
16.14(b) A person proposing a project may apply to Minnesota Business First Stop for
16.15assistance in obtaining necessary state permits, reviews, and other approvals. Upon
16.16request, the commissioner shall to the extent practicable:
16.17(1) provide a list of all federal, state, and local permits and other required reviews
16.18and approvals for the project;
16.19(2) provide a plan that will coordinate federal, state, and local administrative
16.20decision-making practices, including monitoring, analysis and reporting, public comments
16.21and hearings, and issuances of permits and approvals;
16.22(3) provide a timeline for the issuance of all federal, state, and local permits and
16.23other reviews and approvals required for the project;
16.24(4) coordinate the execution of any memorandum of understanding between the
16.25person proposing a project and any federal, state, or local agency;
16.26(5) coordinate all federal, state, or local public comment periods and hearings; and
16.27(6) provide other assistance requested to facilitate final approval and issuance of all
16.28federal, state, and local permits and other approvals required for the project.
16.29(c) Notwithstanding section
16.30a schedule to assess the project proposer for reasonable costs that any state agency incurs
16.31in
16.32state permits, and the proposer shall pay the assessed costs to the commissioner. Money
16.33received by the commissioner must be credited to an account in the special revenue fund
16.34and is appropriated to the commissioner to cover the assessed costs incurred.
16.35(d) Reimbursement by a project proposer shall precede and not be contingent upon
16.36issuance of a permit and shall not affect any state agency's decision on whether to issue or
17.1deny a permit, what conditions are included in a permit, or the application of state and
17.2federal statutes and rules governing permit determinations.
17.3(e) The coordination of the development, implementation, and administration of
17.4state permits is not governmental action under section
17.5 Sec. 12. RULEMAKING.
17.6(a) The commissioner of the Pollution Control Agency shall amend Minnesota Rules,
17.7chapter 7001, to extend permit terms not to exceed ten years for solid waste management
17.8facilities and shall otherwise amend Minnesota Rules to conform with section 4.
17.9(b) The commissioner of the Pollution Control Agency may use the good cause
17.10exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), and
17.11Minnesota Statutes, section 14.386, does not apply, except as provided in Minnesota
17.12Statutes, section 14.388.
