Bill Text: MN HF906 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Silica sand mining model standards and criteria development required, silica sand technical assistance team established, administrative rules required, funding provided, and money appropriated.
Sponsorship: Slight Partisan Bill (Democrat 5-2)
Status: (Introduced - Dead) 2013-04-20 - Author added Allen [HF906 Detail]
Download: Minnesota-2013-HF906-Engrossed.html
1.2relating to natural resources; requiring the development of silica sand mining
1.3model standards and criteria; establishing a silica sand technical assistance team;
1.4requiring administrative rules; appropriating money;proposing coding for new
1.5law in Minnesota Statutes, chapter 116C.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [116C.99] SILICA SAND MINING MODEL STANDARDS AND
1.8CRITERIA.
1.9 Subdivision 1. Definitions. The definitions in this subdivision apply to this section.
1.10(a) "Local unit of government" means a county, statutory or home rule charter city,
1.11or town.
1.12(b) "Mining" means excavating and mining silica sand by any process, including
1.13digging, excavating, mining, drilling, blasting, tunneling, dredging, stripping, or by shaft.
1.14(c) "Processing" means washing, cleaning, screening, crushing, filtering, sorting,
1.15processing, stockpiling, and storing silica sand, either at the mining site or at any other site.
1.16(d) "Silica sand" means well-rounded, sand-sized grains of quartz (silicon dioxide),
1.17with very little impurities in terms of other minerals. Specifically, the silica sand for the
1.18purposes of this section is commercially valuable for use in the hydraulic fracturing of
1.19shale to obtain oil and natural gas. Silica sand does not include common rock, stone,
1.20aggregate, gravel, sand with a low quartz level, or silica compounds recovered as a
1.21by-product of metallic mining.
1.22(e) "Silica sand project" means the excavation and mining and processing of silica
1.23sand; the washing, cleaning, screening, crushing, filtering, drying, sorting, stockpiling,
1.24and storing of silica sand, either at the mining site or at any other site; the hauling and
2.1transporting of silica sand; or a facility for transporting silica sand to destinations by rail,
2.2barge, truck, or other means of transportation.
2.3(f) "Temporary storage" means the storage of stock piles of silica sand that have
2.4been transported and await further transport.
2.5(g) "Transporting" means hauling and transporting silica sand, by any carrier:
2.6(1) from the mining site to a processing or transfer site; or
2.7(2) from a processing or storage site to a rail, barge, or transfer site for transporting
2.8to destinations.
2.9 Subd. 2. Standards and criteria. (a) By October 1, 2013, the Environmental
2.10Quality Board, in consultation with local units of government, shall develop model
2.11standards and criteria for mining, processing, and transporting silica sand. These standards
2.12and criteria may be used by local units of government in developing local ordinances.
2.13The standards and criteria must include:
2.14(1) recommendations for setbacks or buffers for mining operation and processing,
2.15including:
2.16(i) any residence or residential zoning district boundary;
2.17(ii) any property line or right-of-way line of any existing or proposed street or
2.18highway;
2.19(iii) ordinary high water levels of public waters;
2.20(iv) bluffs;
2.21(v) designated trout streams, Class 2A water as designated in the rules of the
2.22Pollution Control Agency, or any perennially flowing tributary of a designated trout
2.23stream or Class 2A water;
2.24(vi) calcareous fens;
2.25(vii) wellhead protection areas as defined in section 103I.005;
2.26(viii) critical natural habitat acquired by the commissioner of natural resources
2.27under section 84.944; and
2.28(ix) a natural resource easement paid wholly or in part by public funds;
2.29(2) standards for hours of operation;
2.30(3) groundwater and surface water quality and quantity monitoring and mitigation
2.31plan requirements, including:
2.32(i) applicable groundwater and surface water appropriation permit requirements;
2.33(ii) well sealing requirements;
2.34(iii) annual submission of monitoring well data; and
2.35(iv) storm water runoff rate limits not to exceed two-, ten-, and 100-year storm events;
2.36(4) air monitoring and data submission requirements;
3.1(5) dust control requirements;
3.2(6) noise testing and mitigation plan requirements;
3.3(7) blast monitoring plan requirements;
3.4(8) lighting requirements;
3.5(9) inspection requirements;
3.6(10) containment requirements for silica sand in temporary storage to protect air
3.7and water quality;
3.8(11) containment requirements for chemicals used in processing;
3.9(12) financial assurance requirements;
3.10(13) road and bridge impacts and requirements; and
3.11(14) reclamation plan requirements as required under the rules adopted by the
3.12commissioner of natural resources.
3.13 Subd. 3. Silica sand technical assistance team. By October 1, 2013, the
3.14Environmental Quality Board shall assemble a silica sand technical assistance team
3.15to provide local units of government, at their request, with assistance with ordinance
3.16development, zoning, environmental review and permitting, monitoring, or other issues
3.17arising from silica sand mining and processing operations. The technical assistance team
3.18shall be comprised of up to seven members, and shall be chosen from the following
3.19entities: the Department of Natural Resources, the Pollution Control Agency, the Board of
3.20Water and Soil Resources, the Department of Health, the Department of Transportation,
3.21the University of Minnesota, and the Minnesota State Colleges and Universities. A
3.22majority of the members must be from a state agency and have expertise in one or more of
3.23the following areas: silica sand mining, hydrology, air quality, water quality, land use, or
3.24other areas related to silica sand mining.
3.25 Subd. 4. Consideration of technical assistance team recommendations. (a) When
3.26the technical assistance team, at the request of the local unit of government, assembles
3.27findings or makes a recommendation related to a proposed silica sand project for the
3.28protection of human health and the environment, a local government unit must consider
3.29the findings or recommendations of the technical assistance team in its approval or denial
3.30of a silica sand project. If the local government unit does not agree with the technical
3.31assistance team's findings and recommendations, the detailed reasons for the disagreement
3.32must be part of the local government unit's record of decision.
3.33(b) Silica sand project proposers must cooperate in providing local government unit
3.34staff, and members of the technical assistance team with information regarding the project.
3.35EFFECTIVE DATE.This section is effective the day following final enactment.
4.1 Sec. 2. [116C.991] TECHNICAL ASSISTANCE, ORDINANCE, AND PERMIT
4.2LIBRARY.
4.3By October 1, 2013, the Environmental Quality Board, in consultation with local
4.4units of government, shall create and maintain a library on local government ordinances
4.5and local government permits that have been approved for regulation of silica sand
4.6projects for reference by local governments.
4.7 Sec. 3. RULES.
4.8(a) The commissioner of the Pollution Control Agency shall adopt rules pertaining
4.9to the control of particulate emissions from silica sand mines. The commissioner shall
4.10consider and incorporate, as appropriate to the conditions of this state, Wisconsin
4.11Administrative Code NR 415, in effect as of January 1, 2012, pertaining to industrial
4.12sand mines.
4.13(b) The commissioner of natural resources shall adopt rules pertaining to the
4.14reclamation of silica sand mines. The commissioner shall consider and incorporate, as
4.15appropriate to the conditions of this state, Wisconsin Administrative Code NR 135, in
4.16effect as of January 1, 2012, pertaining to reclamation of industrial sand mines.
4.17(c) By January 1, 2014, the Department of Health shall adopt an air quality health
4.18advisory for silica sand.
4.19 Sec. 4. APPROPRIATION; TECHNICAL ASSISTANCE TEAM AND MODEL
4.20STANDARDS AND CRITERIA.
4.21(a) $....... in fiscal year 2014 is appropriated from the general fund to the Pollution
4.22Control Agency for the Environmental Quality Board to develop model standards and
4.23criteria and operate a silica sand technical assistance team as required under section 1.
4.24(b) $....... in fiscal year 2014 is appropriated from the general fund to the Pollution
4.25Control Agency for the development of rules under section 3, paragraph (a).
4.26(c) $....... in fiscal year 2014 is appropriated from the general fund to the
4.27commissioner of natural resources for the development of rules under section 3, paragraph
4.28(b).
1.3model standards and criteria; establishing a silica sand technical assistance team;
1.4requiring administrative rules; appropriating money;proposing coding for new
1.5law in Minnesota Statutes, chapter 116C.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [116C.99] SILICA SAND MINING MODEL STANDARDS AND
1.8CRITERIA.
1.9 Subdivision 1. Definitions. The definitions in this subdivision apply to this section.
1.10(a) "Local unit of government" means a county, statutory or home rule charter city,
1.11or town.
1.12(b) "Mining" means excavating and mining silica sand by any process, including
1.13digging, excavating, mining, drilling, blasting, tunneling, dredging, stripping, or by shaft.
1.14(c) "Processing" means washing, cleaning, screening, crushing, filtering, sorting,
1.15processing, stockpiling, and storing silica sand, either at the mining site or at any other site.
1.16(d) "Silica sand" means well-rounded, sand-sized grains of quartz (silicon dioxide),
1.17with very little impurities in terms of other minerals. Specifically, the silica sand for the
1.18purposes of this section is commercially valuable for use in the hydraulic fracturing of
1.19shale to obtain oil and natural gas. Silica sand does not include common rock, stone,
1.20aggregate, gravel, sand with a low quartz level, or silica compounds recovered as a
1.21by-product of metallic mining.
1.22(e) "Silica sand project" means the excavation and mining and processing of silica
1.23sand; the washing, cleaning, screening, crushing, filtering, drying, sorting, stockpiling,
1.24and storing of silica sand, either at the mining site or at any other site; the hauling and
2.1transporting of silica sand; or a facility for transporting silica sand to destinations by rail,
2.2barge, truck, or other means of transportation.
2.3(f) "Temporary storage" means the storage of stock piles of silica sand that have
2.4been transported and await further transport.
2.5(g) "Transporting" means hauling and transporting silica sand, by any carrier:
2.6(1) from the mining site to a processing or transfer site; or
2.7(2) from a processing or storage site to a rail, barge, or transfer site for transporting
2.8to destinations.
2.9 Subd. 2. Standards and criteria. (a) By October 1, 2013, the Environmental
2.10Quality Board, in consultation with local units of government, shall develop model
2.11standards and criteria for mining, processing, and transporting silica sand. These standards
2.12and criteria may be used by local units of government in developing local ordinances.
2.13The standards and criteria must include:
2.14(1) recommendations for setbacks or buffers for mining operation and processing,
2.15including:
2.16(i) any residence or residential zoning district boundary;
2.17(ii) any property line or right-of-way line of any existing or proposed street or
2.18highway;
2.19(iii) ordinary high water levels of public waters;
2.20(iv) bluffs;
2.21(v) designated trout streams, Class 2A water as designated in the rules of the
2.22Pollution Control Agency, or any perennially flowing tributary of a designated trout
2.23stream or Class 2A water;
2.24(vi) calcareous fens;
2.25(vii) wellhead protection areas as defined in section 103I.005;
2.26(viii) critical natural habitat acquired by the commissioner of natural resources
2.27under section 84.944; and
2.28(ix) a natural resource easement paid wholly or in part by public funds;
2.29(2) standards for hours of operation;
2.30(3) groundwater and surface water quality and quantity monitoring and mitigation
2.31plan requirements, including:
2.32(i) applicable groundwater and surface water appropriation permit requirements;
2.33(ii) well sealing requirements;
2.34(iii) annual submission of monitoring well data; and
2.35(iv) storm water runoff rate limits not to exceed two-, ten-, and 100-year storm events;
2.36(4) air monitoring and data submission requirements;
3.1(5) dust control requirements;
3.2(6) noise testing and mitigation plan requirements;
3.3(7) blast monitoring plan requirements;
3.4(8) lighting requirements;
3.5(9) inspection requirements;
3.6(10) containment requirements for silica sand in temporary storage to protect air
3.7and water quality;
3.8(11) containment requirements for chemicals used in processing;
3.9(12) financial assurance requirements;
3.10(13) road and bridge impacts and requirements; and
3.11(14) reclamation plan requirements as required under the rules adopted by the
3.12commissioner of natural resources.
3.13 Subd. 3. Silica sand technical assistance team. By October 1, 2013, the
3.14Environmental Quality Board shall assemble a silica sand technical assistance team
3.15to provide local units of government, at their request, with assistance with ordinance
3.16development, zoning, environmental review and permitting, monitoring, or other issues
3.17arising from silica sand mining and processing operations. The technical assistance team
3.18shall be comprised of up to seven members, and shall be chosen from the following
3.19entities: the Department of Natural Resources, the Pollution Control Agency, the Board of
3.20Water and Soil Resources, the Department of Health, the Department of Transportation,
3.21the University of Minnesota, and the Minnesota State Colleges and Universities. A
3.22majority of the members must be from a state agency and have expertise in one or more of
3.23the following areas: silica sand mining, hydrology, air quality, water quality, land use, or
3.24other areas related to silica sand mining.
3.25 Subd. 4. Consideration of technical assistance team recommendations. (a) When
3.26the technical assistance team, at the request of the local unit of government, assembles
3.27findings or makes a recommendation related to a proposed silica sand project for the
3.28protection of human health and the environment, a local government unit must consider
3.29the findings or recommendations of the technical assistance team in its approval or denial
3.30of a silica sand project. If the local government unit does not agree with the technical
3.31assistance team's findings and recommendations, the detailed reasons for the disagreement
3.32must be part of the local government unit's record of decision.
3.33(b) Silica sand project proposers must cooperate in providing local government unit
3.34staff, and members of the technical assistance team with information regarding the project.
3.35EFFECTIVE DATE.This section is effective the day following final enactment.
4.1 Sec. 2. [116C.991] TECHNICAL ASSISTANCE, ORDINANCE, AND PERMIT
4.2LIBRARY.
4.3By October 1, 2013, the Environmental Quality Board, in consultation with local
4.4units of government, shall create and maintain a library on local government ordinances
4.5and local government permits that have been approved for regulation of silica sand
4.6projects for reference by local governments.
4.7 Sec. 3. RULES.
4.8(a) The commissioner of the Pollution Control Agency shall adopt rules pertaining
4.9to the control of particulate emissions from silica sand mines. The commissioner shall
4.10consider and incorporate, as appropriate to the conditions of this state, Wisconsin
4.11Administrative Code NR 415, in effect as of January 1, 2012, pertaining to industrial
4.12sand mines.
4.13(b) The commissioner of natural resources shall adopt rules pertaining to the
4.14reclamation of silica sand mines. The commissioner shall consider and incorporate, as
4.15appropriate to the conditions of this state, Wisconsin Administrative Code NR 135, in
4.16effect as of January 1, 2012, pertaining to reclamation of industrial sand mines.
4.17(c) By January 1, 2014, the Department of Health shall adopt an air quality health
4.18advisory for silica sand.
4.19 Sec. 4. APPROPRIATION; TECHNICAL ASSISTANCE TEAM AND MODEL
4.20STANDARDS AND CRITERIA.
4.21(a) $....... in fiscal year 2014 is appropriated from the general fund to the Pollution
4.22Control Agency for the Environmental Quality Board to develop model standards and
4.23criteria and operate a silica sand technical assistance team as required under section 1.
4.24(b) $....... in fiscal year 2014 is appropriated from the general fund to the Pollution
4.25Control Agency for the development of rules under section 3, paragraph (a).
4.26(c) $....... in fiscal year 2014 is appropriated from the general fund to the
4.27commissioner of natural resources for the development of rules under section 3, paragraph
4.28(b).
