Bill Text: MN SF42 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Environmental permitting efficiency provisions and environmental review requirements modifications
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-02-17 - HF substituted on General Orders HF1 [SF42 Detail]
Download: Minnesota-2011-SF42-Engrossed.html
1.2relating to environment; providing for permitting efficiency; modifying
1.3environmental review requirements;amending Minnesota Statutes 2010, sections
1.484.027, by adding a subdivision; 115.07; 116.03, by adding a subdivision; 116.07,
1.5subdivision 2; 116D.04, subdivisions 2a, 3a, 10; 116D.045, subdivisions 1, 3.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 84.027, is amended by adding a
1.8subdivision to read:
1.9 Subd. 14a. Permitting efficiency. (a) It is the goal of the state that environmental
1.10and resource management permits be issued or denied within 150 days of the submission
1.11of a substantially completed permit application. The commissioner of natural resources
1.12shall establish management systems designed to achieve the goal.
1.13(b) The commissioner shall prepare semiannual permitting efficiency reports that
1.14include statistics on meeting the goal in paragraph (a). The reports are due February 1 and
1.15August 1 each year. For permit applications that have not met the goal, the report must
1.16state the reasons for not meeting the goal, steps that will be taken to complete action on
1.17the application, and the expected timeline. In stating the reasons for not meeting the
1.18goal, the commissioner shall separately identify delays caused by the responsiveness of
1.19the proposer, lack of staff, scientific or technical disagreements, or the level of public
1.20engagement. The report must specify the number of days from initial submission of
1.21the application to the day of determination that the application is complete. The report
1.22for the final quarter of the fiscal year must aggregate the data for the year and assess
1.23whether program or system changes are necessary to achieve the goal. The report must
1.24be posted on the department's Web site and submitted to the governor and the chairs and
2.1ranking minority members of the house of representatives and senate committees having
2.2jurisdiction over natural resources policy and finance.
2.3(c) The commissioner shall allow electronic submission of environmental review
2.4and permit documents to the department.
2.5(d) Beginning July 1, 2011, within 30 days of application for a permit subject to
2.6paragraph (a), the commissioner of natural resources shall notify the project proposer, in
2.7writing, of whether or not the permit application is complete enough for processing. If
2.8the permit is incomplete, the commissioner must identify where deficiencies exist and
2.9advise the applicant on how they can be remedied. A resubmittal of the application begins
2.10a new 30-day review period. If the commissioner fails to notify the project proposer of
2.11completeness within the 30-day period, the application is deemed to be substantially
2.12complete and subject to the 150-day permitting review period in paragraph (a) from the
2.13date it was submitted.
2.14 Sec. 2. Minnesota Statutes 2010, section 115.07, is amended to read:
2.15115.07 VIOLATIONS AND PROHIBITIONS.
2.16 Subdivision 1. Obtain permit. (a) Except as provided in paragraph (b), itshall be
2.17is unlawful for any person to construct, install, or operate a disposal system, or any part
2.18thereof, until planstherefor shall and specifications for the disposal system have been
2.19submitted to the agency, unless the agencyshall have waived the waives submission
2.20thereof to it of the plans and specifications and a written permit therefor shall have been
2.21for the disposal system is granted by the agency.
2.22(b) If a person who discharges a pollutant into the waters of the state is required by
2.23statute or rule to obtain a national pollutant discharge elimination system permit or a state
2.24disposal system permit, the person may construct or install, prior to issuance of the permit,
2.25at the person's own risk, a disposal system or any part thereof, unless the action taken:
2.26(1) is prohibited by federal law or regulation;
2.27(2) is by a municipality constructing a wastewater system with a design capacity of
2.28200,000 gallons per day, or less;
2.29(3) is subject to environmental review under chapter 116D, and prohibited from
2.30commencing construction until that process is completed;
2.31(4) is subject to a grant or loan agreement under chapter 446A;
2.32(5) requires a construction storm water permit under rules of the agency; or
2.33(6) requires a subsurface sewage treatment system permit under rules of the agency.
2.34The person is prohibited from operating the system or discharging pollutants into
2.35the waters of the state until a written permit for the discharge is granted by the agency
3.1and until plans and specifications for the disposal system have been approved, unless the
3.2agency waives the submission of plans and specifications.
3.3(c) For disposal systems operated on streams with extreme seasonal flows, the
3.4agency must allow seasonal permit limits based on a fixed or variable effluent limit when
3.5the municipality operating the disposal system requests them and is in compliance with
3.6agency water quality standards.
3.7 Subd. 3. Permission for extension. (a) Except as provided in paragraph (b), it
3.8shall be is unlawful for any person to make any change in, addition to, or extension of any
3.9existing disposal system or point source, or part thereof, to effect any facility expansion,
3.10production increase, or process modification which results in new or increased discharges
3.11of pollutants, or to operate such system or point source, or part thereof as so changed,
3.12added to, or extended until plans and specifications therefor shall have been submitted to
3.13the agency, unless the agencyshall have waived the waives submission thereof to it of
3.14the plans and specifications and a written permittherefor shall have been for the change,
3.15addition, or extension is granted by the agency.
3.16(b) If a person who discharges a pollutant into the waters of the state is required by
3.17statute or rule to obtain a national pollutant discharge elimination system permit or a state
3.18disposal system permit, the person may, prior to issuance of the permit, at the person's
3.19own risk, act to change, add to, or extend an existing disposal system or point source, or
3.20part thereof, unless the action taken:
3.21(1) is prohibited by federal law or regulation;
3.22(2) is by a municipality constructing a wastewater system with a design capacity of
3.23200,000 gallons per day, or less;
3.24(3) is subject to environmental review under chapter 116D, and prohibited from
3.25commencing construction until that process is completed;
3.26(4) is subject to a grant or loan agreement under chapter 446A;
3.27(5) requires a construction storm water permit under rules of the agency; or
3.28(6) requires a subsurface treatment system permit under rules of the agency.
3.29The person is prohibited from operating the system or discharging pollutants into
3.30the waters of the state until a written permit for the discharge is granted by the agency
3.31and until plans and specifications for the disposal system have been approved, unless the
3.32agency waives the submission of plans and specifications.
3.33 Sec. 3. Minnesota Statutes 2010, section 116.03, is amended by adding a subdivision to
3.34read:
4.1 Subd. 2b. Permitting efficiency. (a) It is the goal of the state that environmental and
4.2resource management permits be issued or denied within 150 days of the submission of a
4.3substantially completed permit application. The commissioner of the Pollution Control
4.4Agency shall establish management systems designed to achieve the goal.
4.5(b) The commissioner shall prepare semiannual permitting efficiency reports that
4.6include statistics on meeting the goal in paragraph (a). The reports are due February 1 and
4.7August 1 each year. For permit applications that have not met the goal, the report must
4.8state the reasons for not meeting the goal, steps that will be taken to complete action on
4.9the application, and the expected timeline. In stating the reasons for not meeting the
4.10goal, the commissioner shall separately identify delays caused by the responsiveness of
4.11the proposer, lack of staff, scientific or technical disagreements, or the level of public
4.12engagement. The report must specify the number of days from initial submission of
4.13the application to the day of determination that the application is complete. The report
4.14for the final quarter of the fiscal year must aggregate the data for the year and assess
4.15whether program or system changes are necessary to achieve the goal. The report must
4.16be posted on the agency's Web site and submitted to the governor and the chairs and
4.17ranking minority members of the house of representatives and senate committees having
4.18jurisdiction over environment policy and finance.
4.19(c) The commissioner shall allow electronic submission of environmental review
4.20and permit documents to the agency.
4.21(d) Beginning July 1, 2011, within 30 days of application for a permit subject to
4.22paragraph (a), the commissioner of the Pollution Control Agency shall notify the project
4.23proposer, in writing, of whether or not the permit application is complete enough for
4.24processing. If the permit is incomplete, the commissioner must identify where deficiencies
4.25exist and advise the applicant on how they can be remedied. A resubmittal of the
4.26application begins a new 30-day review period. If the commissioner fails to notify the
4.27project proposer of completeness within the 30-day period, the application is deemed to be
4.28substantially complete and subject to the 150-day permitting review period in paragraph
4.29(a) from the date it was submitted.
4.30 Sec. 4. Minnesota Statutes 2010, section 116.07, subdivision 2, is amended to read:
4.31 Subd. 2. Adoption of standards. (a) The Pollution Control Agency shall improve
4.32air quality by promoting, in the most practicable way possible, the use of energy sources
4.33and waste disposal methods which produce or emit the least air contaminants consistent
4.34with the agency's overall goal of reducing all forms of pollution. The agency shall also
4.35adopt standards of air quality, including maximum allowable standards of emission of air
5.1contaminants from motor vehicles, recognizing that due to variable factors, no single
5.2standard of purity of air is applicable to all areas of the state. In adopting standards the
5.3Pollution Control Agency shall give due recognition to the fact that the quantity or
5.4characteristics of air contaminants or the duration of their presence in the atmosphere,
5.5which may cause air pollution in one area of the state, may cause less or not cause any air
5.6pollution in another area of the state, and it shall take into consideration in this connection
5.7such factors, including others which it may deem proper, as existing physical conditions,
5.8zoning classifications, topography, prevailing wind directions and velocities, and the fact
5.9that a standard of air quality which may be proper as to an essentially residential area of
5.10the state, may not be proper as to a highly developed industrial area of the state. Such
5.11standards of air quality shall be premised upon scientific knowledge of causes as well as
5.12effects based on technically substantiated criteria and commonly accepted practices. No
5.13local government unit shall set standards of air quality which are more stringent than
5.14those set by the Pollution Control Agency.
5.15(b) The Pollution Control Agency shall promote solid waste disposal control
5.16by encouraging the updating of collection systems, elimination of open dumps, and
5.17improvements in incinerator practices. The agency shall also adopt standards for the
5.18control of the collection, transportation, storage, processing, and disposal of solid waste
5.19and sewage sludge for the prevention and abatement of water, air, and land pollution,
5.20recognizing that due to variable factors, no single standard of control is applicable to
5.21all areas of the state. In adopting standards, the Pollution Control Agency shall give
5.22due recognition to the fact that elements of control which may be reasonable and proper
5.23in densely populated areas of the state may be unreasonable and improper in sparsely
5.24populated or remote areas of the state, and it shall take into consideration in this connection
5.25such factors, including others which it may deem proper, as existing physical conditions,
5.26topography, soils and geology, climate, transportation, and land use. Such standards of
5.27control shall be premised on technical criteria and commonly accepted practices.
5.28(c) The Pollution Control Agency shall also adopt standards describing the
5.29maximum levels of noise in terms of sound pressure level which may occur in the outdoor
5.30atmosphere, recognizing that due to variable factors no single standard of sound pressure
5.31is applicable to all areas of the state. Such standards shall give due consideration to
5.32such factors as the intensity of noises, the types of noises, the frequency with which
5.33noises recur, the time period for which noises continue, the times of day during which
5.34noises occur, and such other factors as could affect the extent to which noises may be
5.35injurious to human health or welfare, animal or plant life, or property, or could interfere
5.36unreasonably with the enjoyment of life or property. In adopting standards, the Pollution
6.1Control Agency shall give due recognition to the fact that the quantity or characteristics
6.2of noise or the duration of its presence in the outdoor atmosphere, which may cause
6.3noise pollution in one area of the state, may cause less or not cause any noise pollution
6.4in another area of the state, and it shall take into consideration in this connection such
6.5factors, including others which it may deem proper, as existing physical conditions,
6.6zoning classifications, topography, meteorological conditions and the fact that a standard
6.7which may be proper in an essentially residential area of the state, may not be proper as to
6.8a highly developed industrial area of the state. Such noise standards shall be premised
6.9upon scientific knowledge as well as effects based on technically substantiated criteria
6.10and commonly accepted practices. No local governing unit shall set standards describing
6.11the maximum levels of sound pressure which are more stringent than those set by the
6.12Pollution Control Agency.
6.13(d) The Pollution Control Agency shall adopt standards for the identification of
6.14hazardous waste and for the management, identification, labeling, classification, storage,
6.15collection, transportation, processing, and disposal of hazardous waste, recognizing
6.16that due to variable factors, a single standard of hazardous waste control may not be
6.17applicable to all areas of the state. In adopting standards, the Pollution Control Agency
6.18shall recognize that elements of control which may be reasonable and proper in densely
6.19populated areas of the state may be unreasonable and improper in sparsely populated
6.20or remote areas of the state. The agency shall consider existing physical conditions,
6.21topography, soils, and geology, climate, transportation and land use. Standards of
6.22hazardous waste control shall be premised on technical knowledge, and commonly
6.23accepted practices. Hazardous waste generator licenses may be issued for a term not to
6.24exceed five years. No local government unit shall set standards of hazardous waste control
6.25which are in conflict or inconsistent with those set by the Pollution Control Agency.
6.26(e) A person who generates less than 100 kilograms of hazardous waste per month is
6.27exempt from the following agency hazardous waste rules:
6.28(1) rules relating to transportation, manifesting, storage, and labeling for
6.29photographic fixer and x-ray negative wastes that are hazardous solely because of silver
6.30content; and
6.31(2) any rule requiring the generator to send to the agency or commissioner a copy
6.32of each manifest for the transportation of hazardous waste for off-site treatment, storage,
6.33or disposal, except that counties within the metropolitan area may require generators to
6.34provide manifests.
7.1Nothing in this paragraph exempts the generator from the agency's rules relating to on-site
7.2accumulation or outdoor storage. A political subdivision or other local unit of government
7.3may not adopt management requirements that are more restrictive than this paragraph.
7.4(f) In any rulemaking proceeding under chapter 14 to adopt standards for air quality,
7.5solid waste, or hazardous waste under this chapter, or standards for water quality under
7.6chapter 115, that are more stringent than any similar federal standard adopted under
7.7the Clean Air Act, United States Code, title 42, section 7412(b)(2); the Clean Water
7.8Act, United States Code, title 33, sections 1312(a) and 1313(c)(4); and the Resource
7.9Conservation and Recovery Act, United States Code, title 42, section 6921(b)(1), the
7.10statement of need and reasonableness must include documentation that the federal
7.11standard does not provide adequate protection for public health and the environment and
7.12a comparison of the proposed standard with standards in border states and states within
7.13Environmental Protection Agency Region 5.
7.14APPLICATION.This section applies to proceedings in which the notice under
7.15section 14.14, subdivision 1a, or 14.22, is made on or after the effective date.
7.16 Sec. 5. Minnesota Statutes 2010, section 116D.04, subdivision 2a, is amended to read:
7.17 Subd. 2a. When prepared. Where there is potential for significant environmental
7.18effects resulting from any major governmental action, the action shall be preceded by a
7.19detailed environmental impact statement prepared by the responsible governmental unit.
7.20The environmental impact statement shall be an analytical rather than an encyclopedic
7.21document which describes the proposed action in detail, analyzes its significant
7.22environmental impacts, discusses appropriate alternatives to the proposed action and
7.23their impacts, and explores methods by which adverse environmental impacts of an
7.24action could be mitigated. The environmental impact statement shall also analyze those
7.25economic, employment and sociological effects that cannot be avoided should the action
7.26be implemented. To ensure its use in the decision-making process, the environmental
7.27impact statement shall be prepared as early as practical in the formulation of an action.
7.28No mandatory environmental impact statement may be required for an ethanol plant,
7.29as defined in section41A.09, subdivision 2a , paragraph (b), that produces less than
7.30125,000,000 gallons of ethanol annually and is located outside of the seven-county
7.31metropolitan area.
7.32(a) The board shall by rule establish categories of actions for which environmental
7.33impact statements and for which environmental assessment worksheets shall be prepared
7.34as well as categories of actions for which no environmental review is required under
7.35this section.
8.1(b) The responsible governmental unit shall promptly publish notice of the
8.2completion of an environmental assessment worksheet in a manner to be determined by
8.3the board and shall provide copies of the environmental assessment worksheet to the board
8.4and its member agencies. Comments on the need for an environmental impact statement
8.5may be submitted to the responsible governmental unit during a 30-day period following
8.6publication of the notice that an environmental assessment worksheet has been completed.
8.7The responsible governmental unit's decision on the need for an environmental impact
8.8statement shall be based on the environmental assessment worksheet and the comments
8.9received during the comment period, and shall be made within 15 days after the close of
8.10the comment period. The board's chair may extend the 15-day period by not more than 15
8.11additional days upon the request of the responsible governmental unit.
8.12(c) An environmental assessment worksheet shall also be prepared for a proposed
8.13action whenever material evidence accompanying a petition by not less than 25
8.14individuals, submitted before the proposed project has received final approval by the
8.15appropriate governmental units, demonstrates that, because of the nature or location of a
8.16proposed action, there may be potential for significant environmental effects. Petitions
8.17requesting the preparation of an environmental assessment worksheet shall be submitted to
8.18the board. The chair of the board shall determine the appropriate responsible governmental
8.19unit and forward the petition to it. A decision on the need for an environmental assessment
8.20worksheet shall be made by the responsible governmental unit within 15 days after the
8.21petition is received by the responsible governmental unit. The board's chair may extend
8.22the 15-day period by not more than 15 additional days upon request of the responsible
8.23governmental unit.
8.24(d) Except in an environmentally sensitive location where Minnesota Rules, part
8.254410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
8.26review under this chapter and rules of the board, if:
8.27(1) the proposed action is:
8.28(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
8.29(ii) an expansion of an existing animal feedlot facility with a total cumulative
8.30capacity of less than 1,000 animal units;
8.31(2) the application for the animal feedlot facility includes a written commitment by
8.32the proposer to design, construct, and operate the facility in full compliance with Pollution
8.33Control Agency feedlot rules; and
8.34(3) the county board holds a public meeting for citizen input at least ten business
8.35days prior to the Pollution Control Agency or county issuing a feedlot permit for the
8.36animal feedlot facility unless another public meeting for citizen input has been held with
9.1regard to the feedlot facility to be permitted. The exemption in this paragraph is in
9.2addition to other exemptions provided under other law and rules of the board.
9.3(e) The board may, prior to final approval of a proposed project, require preparation
9.4of an environmental assessment worksheet by a responsible governmental unit selected
9.5by the board for any action where environmental review under this section has not been
9.6specifically provided for by rule or otherwise initiated.
9.7(f) An early and open process shall be utilized to limit the scope of the environmental
9.8impact statement to a discussion of those impacts, which, because of the nature or location
9.9of the project, have the potential for significant environmental effects. The same process
9.10shall be utilized to determine the form, content and level of detail of the statement as well
9.11as the alternatives which are appropriate for consideration in the statement. In addition,
9.12the permits which will be required for the proposed action shall be identified during the
9.13scoping process. Further, the process shall identify those permits for which information
9.14will be developed concurrently with the environmental impact statement. The board
9.15shall provide in its rules for the expeditious completion of the scoping process. The
9.16determinations reached in the process shall be incorporated into the order requiring the
9.17preparation of an environmental impact statement.
9.18(g) The responsible governmental unit shall, to the extent practicable, avoid
9.19duplication and ensure coordination between state and federal environmental review
9.20and between environmental review and environmental permitting. Whenever practical,
9.21information needed by a governmental unit for making final decisions on permits or
9.22other actions required for a proposed project shall be developed in conjunction with the
9.23preparation of an environmental impact statement.
9.24(h) An environmental impact statement shall be prepared and its adequacy
9.25determined within 280 days after notice of its preparation unless the time is extended by
9.26consent of the parties or by the governor for good cause. The responsible governmental
9.27unit shall determine the adequacy of an environmental impact statement, unless within 60
9.28days after notice is published that an environmental impact statement will be prepared,
9.29the board chooses to determine the adequacy of an environmental impact statement. If an
9.30environmental impact statement is found to be inadequate, the responsible governmental
9.31unit shall have 60 days to prepare an adequate environmental impact statement.
9.32(i) The proposer of a specific action may include in the information submitted to the
9.33responsible governmental unit a preliminary draft environmental impact statement under
9.34this section on that action for review, modification, and determination of completeness and
9.35adequacy by the responsible governmental unit. A preliminary draft environmental impact
9.36statement prepared by the project proposer and submitted to the responsible governmental
10.1unit shall identify or include as an appendix all studies and other sources of information
10.2used to substantiate the analysis contained in the preliminary draft environmental impact
10.3statement. The responsible governmental unit shall require additional studies, if needed,
10.4and obtain from the project proposer all additional studies and information necessary for
10.5the responsible governmental unit to perform its responsibility to review, modify, and
10.6determine the completeness and adequacy of the environmental impact statement.
10.7 Sec. 6. Minnesota Statutes 2010, section 116D.04, subdivision 3a, is amended to read:
10.8 Subd. 3a. Final decisions. Within90 30 days after final approval of an
10.9environmental impact statement, final decisions shall be made by the appropriate
10.10governmental units on those permits which were identified as required and for which
10.11information was developed concurrently with the preparation of the environmental impact
10.12statement. Provided, however, that the90-day 30-day period may be extended where a
10.13longer period is permitted by section 15.99 or required by federal law or state statute or is
10.14consented to by the permit applicant. The permit decision shall include the reasons for
10.15the decision, including any conditions under which the permit is issued, together with a
10.16final order granting or denying the permit.
10.17APPLICATION.This section applies to matters in which final approval of an
10.18environmental impact statement is made on or after the effective date.
10.19 Sec. 7. Minnesota Statutes 2010, section 116D.04, subdivision 10, is amended to read:
10.20 Subd. 10. Review.Decisions A person aggrieved by a final decision on the need for
10.21an environmental assessment worksheet, the need for an environmental impact statement
10.22and, or the adequacy of an environmental impact statement may be reviewed by a
10.23declaratory judgment action in the district court of the county wherein the proposed action,
10.24or any part thereof, would be undertaken is entitled to judicial review of the decision
10.25under sections 14.63 to 14.68. A petition for a writ of certiorari by an aggrieved person
10.26for judicial review under sections 14.63 to 14.68 must be filed with the Court of Appeals
10.27and served on the responsible governmental unit not more than 30 days after the party
10.28receives the final decision and order of the responsible governmental unit. Proceedings for
10.29review under this section must be instituted by serving a petition for a writ of certiorari
10.30personally or by certified mail upon the responsible governmental unit and by promptly
10.31filing the proof of service in the Office of the Clerk of the Appellate Courts and the
10.32matter will proceed in the manner provided by the Rules of Civil Appellate Procedure.
10.33A copy of the petition must be provided to the attorney general at the time of service.
10.34Copies of the writ must be served, personally or by certified mail, upon the responsible
11.1governmental unit and the project proposer. The filing of the writ of certiorari does not
11.2stay the enforcement of any other governmental action, provided that the responsible
11.3governmental unit may stay enforcement or the Court of Appeals may order a stay upon
11.4terms it deems proper.Judicial review under this section shall be initiated within 30
11.5days after the governmental unit makes the decision, and A bond may be required under
11.6section562.02 unless at the time of hearing on the application for the bond the plaintiff
11.7petitioner-relator has shown that the claimhas sufficient possibility of success is likely
11.8to succeed on the meritsto sustain the burden required for the issuance of a temporary
11.9restraining order. Nothing in this section shall be construed to alter the requirements for a
11.10temporary restraining order or a preliminary injunction pursuant to the Minnesota Rules of
11.11Civil Procedure for district courts. The board may initiate judicial review of decisions
11.12referred to herein and the board or a project proposer may intervene as of right in any
11.13proceeding brought under this subdivision.
11.14APPLICATION.This section applies to matters in which the final decision that is
11.15subject to judicial review is made on or after the effective date.
11.16 Sec. 8. Minnesota Statutes 2010, section 116D.045, subdivision 1, is amended to read:
11.17 Subdivision 1. Assessment. The board shall by rule adopt procedures to assess
11.18the proposer of a specific action for reasonable costs of preparing, reviewing, and
11.19distributingan the environmental impact statement on that action required pursuant to
11.20section
116D.04Such The costs shall be determined by the responsible governmental
11.21unit pursuant to the rules promulgated by the board.
11.22 Sec. 9. Minnesota Statutes 2010, section 116D.045, subdivision 3, is amended to read:
11.23 Subd. 3. Use of assessment. As necessary, the responsible governmental unit shall
11.24assess the project proposer for reasonable costs that the responsible governmental unit
11.25incurs in preparing, reviewing, and distributing the environmental impact statement and
11.26the proposer shall pay the assessed cost to the responsible governmental unit. Money
11.27received under this subdivision by a responsible governmental unit may be retained by the
11.28unit for the same purposes. Money received by a state agency must be credited to a special
11.29account and is appropriated to the agency to cover the assessed costs incurred.
11.30 Sec. 10. RULE AMENDMENT.
11.31The commissioner of the Pollution Control Agency, the commissioner of natural
11.32resources, and the Environmental Quality Board, must amend rules necessary to conform
11.33to this act. The commissioners and the board may use the good cause exemption under
12.1Minnesota Statutes, section 14.388, subdivision 1, clause (3), and Minnesota Statutes,
12.2section 14.386, does not apply, except as provided in Minnesota Statutes, section 14.388.
12.3 Sec. 11. EFFECTIVE DATE.
12.4This act is effective the day following final enactment.
1.3environmental review requirements;amending Minnesota Statutes 2010, sections
1.484.027, by adding a subdivision; 115.07; 116.03, by adding a subdivision; 116.07,
1.5subdivision 2; 116D.04, subdivisions 2a, 3a, 10; 116D.045, subdivisions 1, 3.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 84.027, is amended by adding a
1.8subdivision to read:
1.9 Subd. 14a. Permitting efficiency. (a) It is the goal of the state that environmental
1.10and resource management permits be issued or denied within 150 days of the submission
1.11of a substantially completed permit application. The commissioner of natural resources
1.12shall establish management systems designed to achieve the goal.
1.13(b) The commissioner shall prepare semiannual permitting efficiency reports that
1.14include statistics on meeting the goal in paragraph (a). The reports are due February 1 and
1.15August 1 each year. For permit applications that have not met the goal, the report must
1.16state the reasons for not meeting the goal, steps that will be taken to complete action on
1.17the application, and the expected timeline. In stating the reasons for not meeting the
1.18goal, the commissioner shall separately identify delays caused by the responsiveness of
1.19the proposer, lack of staff, scientific or technical disagreements, or the level of public
1.20engagement. The report must specify the number of days from initial submission of
1.21the application to the day of determination that the application is complete. The report
1.22for the final quarter of the fiscal year must aggregate the data for the year and assess
1.23whether program or system changes are necessary to achieve the goal. The report must
1.24be posted on the department's Web site and submitted to the governor and the chairs and
2.1ranking minority members of the house of representatives and senate committees having
2.2jurisdiction over natural resources policy and finance.
2.3(c) The commissioner shall allow electronic submission of environmental review
2.4and permit documents to the department.
2.5(d) Beginning July 1, 2011, within 30 days of application for a permit subject to
2.6paragraph (a), the commissioner of natural resources shall notify the project proposer, in
2.7writing, of whether or not the permit application is complete enough for processing. If
2.8the permit is incomplete, the commissioner must identify where deficiencies exist and
2.9advise the applicant on how they can be remedied. A resubmittal of the application begins
2.10a new 30-day review period. If the commissioner fails to notify the project proposer of
2.11completeness within the 30-day period, the application is deemed to be substantially
2.12complete and subject to the 150-day permitting review period in paragraph (a) from the
2.13date it was submitted.
2.14 Sec. 2. Minnesota Statutes 2010, section 115.07, is amended to read:
2.15115.07 VIOLATIONS AND PROHIBITIONS.
2.16 Subdivision 1. Obtain permit. (a) Except as provided in paragraph (b), it
2.17is unlawful for any person to construct, install, or operate a disposal system, or any part
2.18thereof, until plans
2.19submitted to the agency, unless the agency
2.20
2.21for the disposal system is granted by the agency.
2.22(b) If a person who discharges a pollutant into the waters of the state is required by
2.23statute or rule to obtain a national pollutant discharge elimination system permit or a state
2.24disposal system permit, the person may construct or install, prior to issuance of the permit,
2.25at the person's own risk, a disposal system or any part thereof, unless the action taken:
2.26(1) is prohibited by federal law or regulation;
2.27(2) is by a municipality constructing a wastewater system with a design capacity of
2.28200,000 gallons per day, or less;
2.29(3) is subject to environmental review under chapter 116D, and prohibited from
2.30commencing construction until that process is completed;
2.31(4) is subject to a grant or loan agreement under chapter 446A;
2.32(5) requires a construction storm water permit under rules of the agency; or
2.33(6) requires a subsurface sewage treatment system permit under rules of the agency.
2.34The person is prohibited from operating the system or discharging pollutants into
2.35the waters of the state until a written permit for the discharge is granted by the agency
3.1and until plans and specifications for the disposal system have been approved, unless the
3.2agency waives the submission of plans and specifications.
3.3(c) For disposal systems operated on streams with extreme seasonal flows, the
3.4agency must allow seasonal permit limits based on a fixed or variable effluent limit when
3.5the municipality operating the disposal system requests them and is in compliance with
3.6agency water quality standards.
3.7 Subd. 3. Permission for extension. (a) Except as provided in paragraph (b), it
3.8
3.9existing disposal system or point source, or part thereof, to effect any facility expansion,
3.10production increase, or process modification which results in new or increased discharges
3.11of pollutants, or to operate such system or point source, or part thereof as so changed,
3.12added to, or extended until plans and specifications therefor shall have been submitted to
3.13the agency, unless the agency
3.14the plans and specifications and a written permit
3.15addition, or extension is granted by the agency.
3.16(b) If a person who discharges a pollutant into the waters of the state is required by
3.17statute or rule to obtain a national pollutant discharge elimination system permit or a state
3.18disposal system permit, the person may, prior to issuance of the permit, at the person's
3.19own risk, act to change, add to, or extend an existing disposal system or point source, or
3.20part thereof, unless the action taken:
3.21(1) is prohibited by federal law or regulation;
3.22(2) is by a municipality constructing a wastewater system with a design capacity of
3.23200,000 gallons per day, or less;
3.24(3) is subject to environmental review under chapter 116D, and prohibited from
3.25commencing construction until that process is completed;
3.26(4) is subject to a grant or loan agreement under chapter 446A;
3.27(5) requires a construction storm water permit under rules of the agency; or
3.28(6) requires a subsurface treatment system permit under rules of the agency.
3.29The person is prohibited from operating the system or discharging pollutants into
3.30the waters of the state until a written permit for the discharge is granted by the agency
3.31and until plans and specifications for the disposal system have been approved, unless the
3.32agency waives the submission of plans and specifications.
3.33 Sec. 3. Minnesota Statutes 2010, section 116.03, is amended by adding a subdivision to
3.34read:
4.1 Subd. 2b. Permitting efficiency. (a) It is the goal of the state that environmental and
4.2resource management permits be issued or denied within 150 days of the submission of a
4.3substantially completed permit application. The commissioner of the Pollution Control
4.4Agency shall establish management systems designed to achieve the goal.
4.5(b) The commissioner shall prepare semiannual permitting efficiency reports that
4.6include statistics on meeting the goal in paragraph (a). The reports are due February 1 and
4.7August 1 each year. For permit applications that have not met the goal, the report must
4.8state the reasons for not meeting the goal, steps that will be taken to complete action on
4.9the application, and the expected timeline. In stating the reasons for not meeting the
4.10goal, the commissioner shall separately identify delays caused by the responsiveness of
4.11the proposer, lack of staff, scientific or technical disagreements, or the level of public
4.12engagement. The report must specify the number of days from initial submission of
4.13the application to the day of determination that the application is complete. The report
4.14for the final quarter of the fiscal year must aggregate the data for the year and assess
4.15whether program or system changes are necessary to achieve the goal. The report must
4.16be posted on the agency's Web site and submitted to the governor and the chairs and
4.17ranking minority members of the house of representatives and senate committees having
4.18jurisdiction over environment policy and finance.
4.19(c) The commissioner shall allow electronic submission of environmental review
4.20and permit documents to the agency.
4.21(d) Beginning July 1, 2011, within 30 days of application for a permit subject to
4.22paragraph (a), the commissioner of the Pollution Control Agency shall notify the project
4.23proposer, in writing, of whether or not the permit application is complete enough for
4.24processing. If the permit is incomplete, the commissioner must identify where deficiencies
4.25exist and advise the applicant on how they can be remedied. A resubmittal of the
4.26application begins a new 30-day review period. If the commissioner fails to notify the
4.27project proposer of completeness within the 30-day period, the application is deemed to be
4.28substantially complete and subject to the 150-day permitting review period in paragraph
4.29(a) from the date it was submitted.
4.30 Sec. 4. Minnesota Statutes 2010, section 116.07, subdivision 2, is amended to read:
4.31 Subd. 2. Adoption of standards. (a) The Pollution Control Agency shall improve
4.32air quality by promoting, in the most practicable way possible, the use of energy sources
4.33and waste disposal methods which produce or emit the least air contaminants consistent
4.34with the agency's overall goal of reducing all forms of pollution. The agency shall also
4.35adopt standards of air quality, including maximum allowable standards of emission of air
5.1contaminants from motor vehicles, recognizing that due to variable factors, no single
5.2standard of purity of air is applicable to all areas of the state. In adopting standards the
5.3Pollution Control Agency shall give due recognition to the fact that the quantity or
5.4characteristics of air contaminants or the duration of their presence in the atmosphere,
5.5which may cause air pollution in one area of the state, may cause less or not cause any air
5.6pollution in another area of the state, and it shall take into consideration in this connection
5.7such factors, including others which it may deem proper, as existing physical conditions,
5.8zoning classifications, topography, prevailing wind directions and velocities, and the fact
5.9that a standard of air quality which may be proper as to an essentially residential area of
5.10the state, may not be proper as to a highly developed industrial area of the state. Such
5.11standards of air quality shall be premised upon scientific knowledge of causes as well as
5.12effects based on technically substantiated criteria and commonly accepted practices. No
5.13local government unit shall set standards of air quality which are more stringent than
5.14those set by the Pollution Control Agency.
5.15(b) The Pollution Control Agency shall promote solid waste disposal control
5.16by encouraging the updating of collection systems, elimination of open dumps, and
5.17improvements in incinerator practices. The agency shall also adopt standards for the
5.18control of the collection, transportation, storage, processing, and disposal of solid waste
5.19and sewage sludge for the prevention and abatement of water, air, and land pollution,
5.20recognizing that due to variable factors, no single standard of control is applicable to
5.21all areas of the state. In adopting standards, the Pollution Control Agency shall give
5.22due recognition to the fact that elements of control which may be reasonable and proper
5.23in densely populated areas of the state may be unreasonable and improper in sparsely
5.24populated or remote areas of the state, and it shall take into consideration in this connection
5.25such factors, including others which it may deem proper, as existing physical conditions,
5.26topography, soils and geology, climate, transportation, and land use. Such standards of
5.27control shall be premised on technical criteria and commonly accepted practices.
5.28(c) The Pollution Control Agency shall also adopt standards describing the
5.29maximum levels of noise in terms of sound pressure level which may occur in the outdoor
5.30atmosphere, recognizing that due to variable factors no single standard of sound pressure
5.31is applicable to all areas of the state. Such standards shall give due consideration to
5.32such factors as the intensity of noises, the types of noises, the frequency with which
5.33noises recur, the time period for which noises continue, the times of day during which
5.34noises occur, and such other factors as could affect the extent to which noises may be
5.35injurious to human health or welfare, animal or plant life, or property, or could interfere
5.36unreasonably with the enjoyment of life or property. In adopting standards, the Pollution
6.1Control Agency shall give due recognition to the fact that the quantity or characteristics
6.2of noise or the duration of its presence in the outdoor atmosphere, which may cause
6.3noise pollution in one area of the state, may cause less or not cause any noise pollution
6.4in another area of the state, and it shall take into consideration in this connection such
6.5factors, including others which it may deem proper, as existing physical conditions,
6.6zoning classifications, topography, meteorological conditions and the fact that a standard
6.7which may be proper in an essentially residential area of the state, may not be proper as to
6.8a highly developed industrial area of the state. Such noise standards shall be premised
6.9upon scientific knowledge as well as effects based on technically substantiated criteria
6.10and commonly accepted practices. No local governing unit shall set standards describing
6.11the maximum levels of sound pressure which are more stringent than those set by the
6.12Pollution Control Agency.
6.13(d) The Pollution Control Agency shall adopt standards for the identification of
6.14hazardous waste and for the management, identification, labeling, classification, storage,
6.15collection, transportation, processing, and disposal of hazardous waste, recognizing
6.16that due to variable factors, a single standard of hazardous waste control may not be
6.17applicable to all areas of the state. In adopting standards, the Pollution Control Agency
6.18shall recognize that elements of control which may be reasonable and proper in densely
6.19populated areas of the state may be unreasonable and improper in sparsely populated
6.20or remote areas of the state. The agency shall consider existing physical conditions,
6.21topography, soils, and geology, climate, transportation and land use. Standards of
6.22hazardous waste control shall be premised on technical knowledge, and commonly
6.23accepted practices. Hazardous waste generator licenses may be issued for a term not to
6.24exceed five years. No local government unit shall set standards of hazardous waste control
6.25which are in conflict or inconsistent with those set by the Pollution Control Agency.
6.26(e) A person who generates less than 100 kilograms of hazardous waste per month is
6.27exempt from the following agency hazardous waste rules:
6.28(1) rules relating to transportation, manifesting, storage, and labeling for
6.29photographic fixer and x-ray negative wastes that are hazardous solely because of silver
6.30content; and
6.31(2) any rule requiring the generator to send to the agency or commissioner a copy
6.32of each manifest for the transportation of hazardous waste for off-site treatment, storage,
6.33or disposal, except that counties within the metropolitan area may require generators to
6.34provide manifests.
7.1Nothing in this paragraph exempts the generator from the agency's rules relating to on-site
7.2accumulation or outdoor storage. A political subdivision or other local unit of government
7.3may not adopt management requirements that are more restrictive than this paragraph.
7.4(f) In any rulemaking proceeding under chapter 14 to adopt standards for air quality,
7.5solid waste, or hazardous waste under this chapter, or standards for water quality under
7.6chapter 115, that are more stringent than any similar federal standard adopted under
7.7the Clean Air Act, United States Code, title 42, section 7412(b)(2); the Clean Water
7.8Act, United States Code, title 33, sections 1312(a) and 1313(c)(4); and the Resource
7.9Conservation and Recovery Act, United States Code, title 42, section 6921(b)(1), the
7.10statement of need and reasonableness must include documentation that the federal
7.11standard does not provide adequate protection for public health and the environment and
7.12a comparison of the proposed standard with standards in border states and states within
7.13Environmental Protection Agency Region 5.
7.14APPLICATION.This section applies to proceedings in which the notice under
7.15section 14.14, subdivision 1a, or 14.22, is made on or after the effective date.
7.16 Sec. 5. Minnesota Statutes 2010, section 116D.04, subdivision 2a, is amended to read:
7.17 Subd. 2a. When prepared. Where there is potential for significant environmental
7.18effects resulting from any major governmental action, the action shall be preceded by a
7.19detailed environmental impact statement prepared by the responsible governmental unit.
7.20The environmental impact statement shall be an analytical rather than an encyclopedic
7.21document which describes the proposed action in detail, analyzes its significant
7.22environmental impacts, discusses appropriate alternatives to the proposed action and
7.23their impacts, and explores methods by which adverse environmental impacts of an
7.24action could be mitigated. The environmental impact statement shall also analyze those
7.25economic, employment and sociological effects that cannot be avoided should the action
7.26be implemented. To ensure its use in the decision-making process, the environmental
7.27impact statement shall be prepared as early as practical in the formulation of an action.
7.28No mandatory environmental impact statement may be required for an ethanol plant,
7.29as defined in section
7.30125,000,000 gallons of ethanol annually and is located outside of the seven-county
7.31metropolitan area.
7.32(a) The board shall by rule establish categories of actions for which environmental
7.33impact statements and for which environmental assessment worksheets shall be prepared
7.34as well as categories of actions for which no environmental review is required under
7.35this section.
8.1(b) The responsible governmental unit shall promptly publish notice of the
8.2completion of an environmental assessment worksheet in a manner to be determined by
8.3the board and shall provide copies of the environmental assessment worksheet to the board
8.4and its member agencies. Comments on the need for an environmental impact statement
8.5may be submitted to the responsible governmental unit during a 30-day period following
8.6publication of the notice that an environmental assessment worksheet has been completed.
8.7The responsible governmental unit's decision on the need for an environmental impact
8.8statement shall be based on the environmental assessment worksheet and the comments
8.9received during the comment period, and shall be made within 15 days after the close of
8.10the comment period. The board's chair may extend the 15-day period by not more than 15
8.11additional days upon the request of the responsible governmental unit.
8.12(c) An environmental assessment worksheet shall also be prepared for a proposed
8.13action whenever material evidence accompanying a petition by not less than 25
8.14individuals, submitted before the proposed project has received final approval by the
8.15appropriate governmental units, demonstrates that, because of the nature or location of a
8.16proposed action, there may be potential for significant environmental effects. Petitions
8.17requesting the preparation of an environmental assessment worksheet shall be submitted to
8.18the board. The chair of the board shall determine the appropriate responsible governmental
8.19unit and forward the petition to it. A decision on the need for an environmental assessment
8.20worksheet shall be made by the responsible governmental unit within 15 days after the
8.21petition is received by the responsible governmental unit. The board's chair may extend
8.22the 15-day period by not more than 15 additional days upon request of the responsible
8.23governmental unit.
8.24(d) Except in an environmentally sensitive location where Minnesota Rules, part
8.254410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
8.26review under this chapter and rules of the board, if:
8.27(1) the proposed action is:
8.28(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
8.29(ii) an expansion of an existing animal feedlot facility with a total cumulative
8.30capacity of less than 1,000 animal units;
8.31(2) the application for the animal feedlot facility includes a written commitment by
8.32the proposer to design, construct, and operate the facility in full compliance with Pollution
8.33Control Agency feedlot rules; and
8.34(3) the county board holds a public meeting for citizen input at least ten business
8.35days prior to the Pollution Control Agency or county issuing a feedlot permit for the
8.36animal feedlot facility unless another public meeting for citizen input has been held with
9.1regard to the feedlot facility to be permitted. The exemption in this paragraph is in
9.2addition to other exemptions provided under other law and rules of the board.
9.3(e) The board may, prior to final approval of a proposed project, require preparation
9.4of an environmental assessment worksheet by a responsible governmental unit selected
9.5by the board for any action where environmental review under this section has not been
9.6specifically provided for by rule or otherwise initiated.
9.7(f) An early and open process shall be utilized to limit the scope of the environmental
9.8impact statement to a discussion of those impacts, which, because of the nature or location
9.9of the project, have the potential for significant environmental effects. The same process
9.10shall be utilized to determine the form, content and level of detail of the statement as well
9.11as the alternatives which are appropriate for consideration in the statement. In addition,
9.12the permits which will be required for the proposed action shall be identified during the
9.13scoping process. Further, the process shall identify those permits for which information
9.14will be developed concurrently with the environmental impact statement. The board
9.15shall provide in its rules for the expeditious completion of the scoping process. The
9.16determinations reached in the process shall be incorporated into the order requiring the
9.17preparation of an environmental impact statement.
9.18(g) The responsible governmental unit shall, to the extent practicable, avoid
9.19duplication and ensure coordination between state and federal environmental review
9.20and between environmental review and environmental permitting. Whenever practical,
9.21information needed by a governmental unit for making final decisions on permits or
9.22other actions required for a proposed project shall be developed in conjunction with the
9.23preparation of an environmental impact statement.
9.24(h) An environmental impact statement shall be prepared and its adequacy
9.25determined within 280 days after notice of its preparation unless the time is extended by
9.26consent of the parties or by the governor for good cause. The responsible governmental
9.27unit shall determine the adequacy of an environmental impact statement, unless within 60
9.28days after notice is published that an environmental impact statement will be prepared,
9.29the board chooses to determine the adequacy of an environmental impact statement. If an
9.30environmental impact statement is found to be inadequate, the responsible governmental
9.31unit shall have 60 days to prepare an adequate environmental impact statement.
9.32(i) The proposer of a specific action may include in the information submitted to the
9.33responsible governmental unit a preliminary draft environmental impact statement under
9.34this section on that action for review, modification, and determination of completeness and
9.35adequacy by the responsible governmental unit. A preliminary draft environmental impact
9.36statement prepared by the project proposer and submitted to the responsible governmental
10.1unit shall identify or include as an appendix all studies and other sources of information
10.2used to substantiate the analysis contained in the preliminary draft environmental impact
10.3statement. The responsible governmental unit shall require additional studies, if needed,
10.4and obtain from the project proposer all additional studies and information necessary for
10.5the responsible governmental unit to perform its responsibility to review, modify, and
10.6determine the completeness and adequacy of the environmental impact statement.
10.7 Sec. 6. Minnesota Statutes 2010, section 116D.04, subdivision 3a, is amended to read:
10.8 Subd. 3a. Final decisions. Within
10.9environmental impact statement, final decisions shall be made by the appropriate
10.10governmental units on those permits which were identified as required and for which
10.11information was developed concurrently with the preparation of the environmental impact
10.12statement. Provided, however, that the
10.13longer period is permitted by section 15.99 or required by federal law or state statute or is
10.14consented to by the permit applicant. The permit decision shall include the reasons for
10.15the decision, including any conditions under which the permit is issued, together with a
10.16final order granting or denying the permit.
10.17APPLICATION.This section applies to matters in which final approval of an
10.18environmental impact statement is made on or after the effective date.
10.19 Sec. 7. Minnesota Statutes 2010, section 116D.04, subdivision 10, is amended to read:
10.20 Subd. 10. Review.
10.21an environmental assessment worksheet, the need for an environmental impact statement
10.22
10.23
10.24
10.25under sections 14.63 to 14.68. A petition for a writ of certiorari by an aggrieved person
10.26for judicial review under sections 14.63 to 14.68 must be filed with the Court of Appeals
10.27and served on the responsible governmental unit not more than 30 days after the party
10.28receives the final decision and order of the responsible governmental unit. Proceedings for
10.29review under this section must be instituted by serving a petition for a writ of certiorari
10.30personally or by certified mail upon the responsible governmental unit and by promptly
10.31filing the proof of service in the Office of the Clerk of the Appellate Courts and the
10.32matter will proceed in the manner provided by the Rules of Civil Appellate Procedure.
10.33A copy of the petition must be provided to the attorney general at the time of service.
10.34Copies of the writ must be served, personally or by certified mail, upon the responsible
11.1governmental unit and the project proposer. The filing of the writ of certiorari does not
11.2stay the enforcement of any other governmental action, provided that the responsible
11.3governmental unit may stay enforcement or the Court of Appeals may order a stay upon
11.4terms it deems proper.
11.5
11.6section
11.7petitioner-relator has shown that the claim
11.8to succeed on the merits
11.9
11.10
11.11
11.12referred to herein and the board or a project proposer may intervene as of right in any
11.13proceeding brought under this subdivision.
11.14APPLICATION.This section applies to matters in which the final decision that is
11.15subject to judicial review is made on or after the effective date.
11.16 Sec. 8. Minnesota Statutes 2010, section 116D.045, subdivision 1, is amended to read:
11.17 Subdivision 1. Assessment. The board shall by rule adopt procedures to assess
11.18the proposer of a specific action for reasonable costs of preparing, reviewing, and
11.19distributing
11.20
11.21unit pursuant to the rules promulgated by the board.
11.22 Sec. 9. Minnesota Statutes 2010, section 116D.045, subdivision 3, is amended to read:
11.23 Subd. 3. Use of assessment. As necessary, the responsible governmental unit shall
11.24assess the project proposer for reasonable costs that the responsible governmental unit
11.25incurs in preparing, reviewing, and distributing the environmental impact statement and
11.26the proposer shall pay the assessed cost to the responsible governmental unit. Money
11.27received under this subdivision by a responsible governmental unit may be retained by the
11.28unit for the same purposes. Money received by a state agency must be credited to a special
11.29account and is appropriated to the agency to cover the assessed costs incurred.
11.30 Sec. 10. RULE AMENDMENT.
11.31The commissioner of the Pollution Control Agency, the commissioner of natural
11.32resources, and the Environmental Quality Board, must amend rules necessary to conform
11.33to this act. The commissioners and the board may use the good cause exemption under
12.1Minnesota Statutes, section 14.388, subdivision 1, clause (3), and Minnesota Statutes,
12.2section 14.386, does not apply, except as provided in Minnesota Statutes, section 14.388.
12.3 Sec. 11. EFFECTIVE DATE.
12.4This act is effective the day following final enactment.
