Bill Text: MN SF2276 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Pollution control agency (PCA) classification of waters rule notices modifications; small business air quality compliance assistance advisory group sunset elimination
Sponsorship: Partisan Bill (Democrat 3)
Status: (Introduced - Dead) 2014-03-19 - Comm report: To pass as amended and re-refer to State and Local Government [SF2276 Detail]
Download: Minnesota-2013-SF2276-Introduced.html
Bill Title: Pollution control agency (PCA) classification of waters rule notices modifications; small business air quality compliance assistance advisory group sunset elimination
Sponsorship: Partisan Bill (Democrat 3)
Status: (Introduced - Dead) 2014-03-19 - Comm report: To pass as amended and re-refer to State and Local Government [SF2276 Detail]
Download: Minnesota-2013-SF2276-Introduced.html
1.2relating to environment; addressing expiration and elimination of certain
1.3advisory groups; modifying certain rulemaking requirements; modifying tank
1.4fee submission deadline;amending Minnesota Statutes 2012, sections 115.44,
1.5subdivision 7; 115.551; 115.741, by adding a subdivision; 116.07, subdivision 2;
1.6116.99, subdivision 1.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 115.44, subdivision 7, is amended to read:
1.9 Subd. 7. Rule notices.For rules authorized under this section, the notices required
1.10to be mailed under sections
14.14, subdivision 1a, and
14.22 must also be mailed When a
1.11rulemaking conducted under this section will change the use classification of a particular
1.12water, the agency must provide notice to the governing body of each municipality
1.13bordering the affected water or through which thewaters for which standards are sought
1.14to be adopted flow affected water flows.
1.15 Sec. 2. Minnesota Statutes 2012, section 115.551, is amended to read:
1.16115.551 TANK FEE.
1.17(a) An installer shall pay a fee of $25 for each septic system tank installed in
1.18the previous calendar year. The fees required under this section must be paid to the
1.19commissioner byJanuary 30 April 15 of each year. The revenue derived from the fee
1.20imposed under this section shall be deposited in the environmental fund and is exempt
1.21from section16A.1285 .
1.22(b) Notwithstanding paragraph (a), for the purposes of performance-based subsurface
1.23sewage treatment systems, the tank fee is limited to $25 per household system installation.
2.1EFFECTIVE DATE.This section is effective January 1, 2015.
2.2 Sec. 3. Minnesota Statutes 2012, section 115.741, is amended by adding a subdivision
2.3to read:
2.4 Subd. 5. Expiration. This section expires June 30, 2019.
2.5EFFECTIVE DATE.This section is effective retroactively from June 30, 2009.
2.6 Sec. 4. Minnesota Statutes 2012, section 116.07, subdivision 2, is amended to read:
2.7 Subd. 2. Adoption of standards. (a) The Pollution Control Agency shall improve
2.8air quality by promoting, in the most practicable way possible, the use of energy sources
2.9and waste disposal methods which produce or emit the least air contaminants consistent
2.10with the agency's overall goal of reducing all forms of pollution. The agency shall also
2.11adopt standards of air quality, including maximum allowable standards of emission of air
2.12contaminants from motor vehicles, recognizing that due to variable factors, no single
2.13standard of purity of air is applicable to all areas of the state. In adopting standards the
2.14Pollution Control Agency shall give due recognition to the fact that the quantity or
2.15characteristics of air contaminants or the duration of their presence in the atmosphere,
2.16which may cause air pollution in one area of the state, may cause less or not cause any air
2.17pollution in another area of the state, and it shall take into consideration in this connection
2.18such factors, including others which it may deem proper, as existing physical conditions,
2.19zoning classifications, topography, prevailing wind directions and velocities, and the fact
2.20that a standard of air quality which may be proper as to an essentially residential area of
2.21the state, may not be proper as to a highly developed industrial area of the state. Such
2.22standards of air quality shall be premised upon scientific knowledge of causes as well as
2.23effects based on technically substantiated criteria and commonly accepted practices. No
2.24local government unit shall set standards of air quality which are more stringent than
2.25those set by the Pollution Control Agency.
2.26(b) The Pollution Control Agency shall promote solid waste disposal control
2.27by encouraging the updating of collection systems, elimination of open dumps, and
2.28improvements in incinerator practices. The agency shall also adopt standards for the
2.29control of the collection, transportation, storage, processing, and disposal of solid waste
2.30and sewage sludge for the prevention and abatement of water, air, and land pollution,
2.31recognizing that due to variable factors, no single standard of control is applicable to
2.32all areas of the state. In adopting standards, the Pollution Control Agency shall give
2.33due recognition to the fact that elements of control which may be reasonable and proper
2.34in densely populated areas of the state may be unreasonable and improper in sparsely
3.1populated or remote areas of the state, and it shall take into consideration in this connection
3.2such factors, including others which it may deem proper, as existing physical conditions,
3.3topography, soils and geology, climate, transportation, and land use. Such standards of
3.4control shall be premised on technical criteria and commonly accepted practices.
3.5(c) The Pollution Control Agency shall also adopt standards describing the
3.6maximum levels of noise in terms of sound pressure level which may occur in the outdoor
3.7atmosphere, recognizing that due to variable factors no single standard of sound pressure
3.8is applicable to all areas of the state. Such standards shall give due consideration to such
3.9factors as the intensity of noises, the types of noises, the frequency with which noises recur,
3.10the time period for which noises continue, the times of day during which noises occur, and
3.11such other factors as could affect the extent to which noises may be injurious to human
3.12health or welfare, animal or plant life, or property, or could interfere unreasonably with the
3.13enjoyment of life or property. In adopting standards, the Pollution Control Agency shall
3.14give due recognition to the fact that the quantity or characteristics of noise or the duration
3.15of its presence in the outdoor atmosphere, which may cause noise pollution in one area
3.16of the state, may cause less or not cause any noise pollution in another area of the state,
3.17and it shall take into consideration in this connection such factors, including others which
3.18it may deem proper, as existing physical conditions, zoning classifications, topography,
3.19meteorological conditions and the fact that a standard which may be proper in an essentially
3.20residential area of the state, may not be proper as to a highly developed industrial area of
3.21the state. Such noise standards shall be premised upon scientific knowledge as well as
3.22effects based on technically substantiated criteria and commonly accepted practices. No
3.23local governing unit shall set standards describing the maximum levels of sound pressure
3.24which are more stringent than those set by the Pollution Control Agency.
3.25(d) The Pollution Control Agency shall adopt standards for the identification of
3.26hazardous waste and for the management, identification, labeling, classification, storage,
3.27collection, transportation, processing, and disposal of hazardous waste, recognizing
3.28that due to variable factors, a single standard of hazardous waste control may not be
3.29applicable to all areas of the state. In adopting standards, the Pollution Control Agency
3.30shall recognize that elements of control which may be reasonable and proper in densely
3.31populated areas of the state may be unreasonable and improper in sparsely populated
3.32or remote areas of the state. The agency shall consider existing physical conditions,
3.33topography, soils, and geology, climate, transportation and land use. Standards of
3.34hazardous waste control shall be premised on technical knowledge, and commonly
3.35accepted practices. Hazardous waste generator licenses may be issued for a term not to
4.1exceed five years. No local government unit shall set standards of hazardous waste control
4.2which are in conflict or inconsistent with those set by the Pollution Control Agency.
4.3(e) A person who generates less than 100 kilograms of hazardous waste per month is
4.4exempt from the following agency hazardous waste rules:
4.5(1) rules relating to transportation, manifesting, storage, and labeling for photographic
4.6fixer and x-ray negative wastes that are hazardous solely because of silver content; and
4.7(2) any rule requiring the generator to send to the agency or commissioner a copy
4.8of each manifest for the transportation of hazardous waste for off-site treatment, storage,
4.9or disposal, except that counties within the metropolitan area may require generators to
4.10provide manifests.
4.11Nothing in this paragraph exempts the generator from the agency's rules relating to on-site
4.12accumulation or outdoor storage. A political subdivision or other local unit of government
4.13may not adopt management requirements that are more restrictive than this paragraph.
4.14(f) In any rulemaking proceeding under chapter 14 to adopt standards for air quality,
4.15solid waste, or hazardous waste under this chapter, or standards for water quality under
4.16chapter 115, the statement of need and reasonableness must include:
4.17(1) an assessment of any differences between the proposed rule and:
4.18(i) existing federal standards adopted under the Clean Air Act, United States Code,
4.19title 42, section 7412(b)(2); the Clean Water Act, United States Code, title 33, sections
4.201312(a) and 1313(c)(4); and the Resource Conservation and Recovery Act, United States
4.21Code, title 42, section 6921(b)(1);
4.22(ii) similar standards in states bordering Minnesota; and
4.23(iii) similar standards in states within the Environmental Protection Agency Region
4.245; and
4.25(2) a specific analysis of the need and reasonableness of each difference.
4.26 Sec. 5. Minnesota Statutes 2012, section 116.99, subdivision 1, is amended to read:
4.27 Subdivision 1. Creation. A Small Business Air Quality Compliance Assistance
4.28Advisory Council is established within the agency. The council is required by federal
4.29law and does not expire.
1.3advisory groups; modifying certain rulemaking requirements; modifying tank
1.4fee submission deadline;amending Minnesota Statutes 2012, sections 115.44,
1.5subdivision 7; 115.551; 115.741, by adding a subdivision; 116.07, subdivision 2;
1.6116.99, subdivision 1.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 115.44, subdivision 7, is amended to read:
1.9 Subd. 7. Rule notices.
1.10
1.11rulemaking conducted under this section will change the use classification of a particular
1.12water, the agency must provide notice to the governing body of each municipality
1.13bordering the affected water or through which the
1.14
1.15 Sec. 2. Minnesota Statutes 2012, section 115.551, is amended to read:
1.16115.551 TANK FEE.
1.17(a) An installer shall pay a fee of $25 for each septic system tank installed in
1.18the previous calendar year. The fees required under this section must be paid to the
1.19commissioner by
1.20imposed under this section shall be deposited in the environmental fund and is exempt
1.21from section
1.22(b) Notwithstanding paragraph (a), for the purposes of performance-based subsurface
1.23sewage treatment systems, the tank fee is limited to $25 per household system installation.
2.1EFFECTIVE DATE.This section is effective January 1, 2015.
2.2 Sec. 3. Minnesota Statutes 2012, section 115.741, is amended by adding a subdivision
2.3to read:
2.4 Subd. 5. Expiration. This section expires June 30, 2019.
2.5EFFECTIVE DATE.This section is effective retroactively from June 30, 2009.
2.6 Sec. 4. Minnesota Statutes 2012, section 116.07, subdivision 2, is amended to read:
2.7 Subd. 2. Adoption of standards. (a) The Pollution Control Agency shall improve
2.8air quality by promoting, in the most practicable way possible, the use of energy sources
2.9and waste disposal methods which produce or emit the least air contaminants consistent
2.10with the agency's overall goal of reducing all forms of pollution. The agency shall also
2.11adopt standards of air quality, including maximum allowable standards of emission of air
2.12contaminants from motor vehicles, recognizing that due to variable factors, no single
2.13standard of purity of air is applicable to all areas of the state. In adopting standards the
2.14Pollution Control Agency shall give due recognition to the fact that the quantity or
2.15characteristics of air contaminants or the duration of their presence in the atmosphere,
2.16which may cause air pollution in one area of the state, may cause less or not cause any air
2.17pollution in another area of the state, and it shall take into consideration in this connection
2.18such factors, including others which it may deem proper, as existing physical conditions,
2.19zoning classifications, topography, prevailing wind directions and velocities, and the fact
2.20that a standard of air quality which may be proper as to an essentially residential area of
2.21the state, may not be proper as to a highly developed industrial area of the state. Such
2.22standards of air quality shall be premised upon scientific knowledge of causes as well as
2.23effects based on technically substantiated criteria and commonly accepted practices. No
2.24local government unit shall set standards of air quality which are more stringent than
2.25those set by the Pollution Control Agency.
2.26(b) The Pollution Control Agency shall promote solid waste disposal control
2.27by encouraging the updating of collection systems, elimination of open dumps, and
2.28improvements in incinerator practices. The agency shall also adopt standards for the
2.29control of the collection, transportation, storage, processing, and disposal of solid waste
2.30and sewage sludge for the prevention and abatement of water, air, and land pollution,
2.31recognizing that due to variable factors, no single standard of control is applicable to
2.32all areas of the state. In adopting standards, the Pollution Control Agency shall give
2.33due recognition to the fact that elements of control which may be reasonable and proper
2.34in densely populated areas of the state may be unreasonable and improper in sparsely
3.1populated or remote areas of the state, and it shall take into consideration in this connection
3.2such factors, including others which it may deem proper, as existing physical conditions,
3.3topography, soils and geology, climate, transportation, and land use. Such standards of
3.4control shall be premised on technical criteria and commonly accepted practices.
3.5(c) The Pollution Control Agency shall also adopt standards describing the
3.6maximum levels of noise in terms of sound pressure level which may occur in the outdoor
3.7atmosphere, recognizing that due to variable factors no single standard of sound pressure
3.8is applicable to all areas of the state. Such standards shall give due consideration to such
3.9factors as the intensity of noises, the types of noises, the frequency with which noises recur,
3.10the time period for which noises continue, the times of day during which noises occur, and
3.11such other factors as could affect the extent to which noises may be injurious to human
3.12health or welfare, animal or plant life, or property, or could interfere unreasonably with the
3.13enjoyment of life or property. In adopting standards, the Pollution Control Agency shall
3.14give due recognition to the fact that the quantity or characteristics of noise or the duration
3.15of its presence in the outdoor atmosphere, which may cause noise pollution in one area
3.16of the state, may cause less or not cause any noise pollution in another area of the state,
3.17and it shall take into consideration in this connection such factors, including others which
3.18it may deem proper, as existing physical conditions, zoning classifications, topography,
3.19meteorological conditions and the fact that a standard which may be proper in an essentially
3.20residential area of the state, may not be proper as to a highly developed industrial area of
3.21the state. Such noise standards shall be premised upon scientific knowledge as well as
3.22effects based on technically substantiated criteria and commonly accepted practices. No
3.23local governing unit shall set standards describing the maximum levels of sound pressure
3.24which are more stringent than those set by the Pollution Control Agency.
3.25(d) The Pollution Control Agency shall adopt standards for the identification of
3.26hazardous waste and for the management, identification, labeling, classification, storage,
3.27collection, transportation, processing, and disposal of hazardous waste, recognizing
3.28that due to variable factors, a single standard of hazardous waste control may not be
3.29applicable to all areas of the state. In adopting standards, the Pollution Control Agency
3.30shall recognize that elements of control which may be reasonable and proper in densely
3.31populated areas of the state may be unreasonable and improper in sparsely populated
3.32or remote areas of the state. The agency shall consider existing physical conditions,
3.33topography, soils, and geology, climate, transportation and land use. Standards of
3.34hazardous waste control shall be premised on technical knowledge, and commonly
3.35accepted practices. Hazardous waste generator licenses may be issued for a term not to
4.1exceed five years. No local government unit shall set standards of hazardous waste control
4.2which are in conflict or inconsistent with those set by the Pollution Control Agency.
4.3(e) A person who generates less than 100 kilograms of hazardous waste per month is
4.4exempt from the following agency hazardous waste rules:
4.5(1) rules relating to transportation, manifesting, storage, and labeling for photographic
4.6fixer and x-ray negative wastes that are hazardous solely because of silver content; and
4.7(2) any rule requiring the generator to send to the agency or commissioner a copy
4.8of each manifest for the transportation of hazardous waste for off-site treatment, storage,
4.9or disposal, except that counties within the metropolitan area may require generators to
4.10provide manifests.
4.11Nothing in this paragraph exempts the generator from the agency's rules relating to on-site
4.12accumulation or outdoor storage. A political subdivision or other local unit of government
4.13may not adopt management requirements that are more restrictive than this paragraph.
4.14
4.15
4.16
4.17
4.18
4.19
4.20
4.21
4.22
4.23
4.24
4.25
4.26 Sec. 5. Minnesota Statutes 2012, section 116.99, subdivision 1, is amended to read:
4.27 Subdivision 1. Creation. A Small Business Air Quality Compliance Assistance
4.28Advisory Council is established within the agency. The council is required by federal
4.29law and does not expire.
