Bill Text: MN SF57 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Natural resources department (DNR) permitting efficiency; environmental review requirements modifications
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2011-01-18 - Referred to Environment and Natural Resources [SF57 Detail]
Download: Minnesota-2011-SF57-Introduced.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 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 completed permit application. The commissioner of natural resources shall establish
1.12management 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
2.1of the house of representatives and senate committees having jurisdiction over natural
2.2resources policy and finance.
2.3(c) The commissioner shall allow electronic submission of environmental review
2.4and permit documents to the department.
2.5 Sec. 2. Minnesota Statutes 2010, section 115.07, is amended to read:
2.6115.07 VIOLATIONS AND PROHIBITIONS.
2.7 Subdivision 1. Obtain permit. (a) Except as provided in paragraph (b), itshall be
2.8is unlawful for any person to construct, install, or operate a disposal system, or any part
2.9thereof, until planstherefor shall and specifications for the disposal system have been
2.10submitted to the agency, unless the agencyshall have waived the waives submission
2.11thereof to it of the plans and specifications and a written permit therefor shall have been
2.12for the disposal system is granted by the agency.
2.13(b) If a person who discharges a pollutant into the waters of the state is required by
2.14statutes or rules to obtain both a national pollutant discharge elimination system permit
2.15and a state disposal system permit and the permit is not for discharges under Minnesota
2.16Rules, part 7090.2010, it is unlawful for the person to construct, install, or operate the
2.17disposal system, or any part thereof, until plans and specifications for the disposal system
2.18have been submitted to the agency, unless the agency waives submission of the plans and
2.19specifications. The person is prohibited from discharging a pollutant into the waters of
2.20the state until a written permit for the discharge is granted by the agency and plans and
2.21specifications for the disposal system have been approved, unless the agency waives the
2.22submission of the plans and specifications.
2.23(c) For disposal systems operated on streams with extreme seasonal flows, the
2.24agency must allow seasonal permit limits based on a fixed or variable effluent limit when
2.25the municipality operating the disposal system requests them and is in compliance with
2.26agency water quality standards.
2.27 Subd. 3. Permission for extension. (a) Except as provided in paragraph (b), it
2.28shall be is unlawful for any person to make any change in, addition to, or extension of any
2.29existing disposal system or point source, or part thereof, to effect any facility expansion,
2.30production increase, or process modification which results in new or increased discharges
2.31of pollutants, or to operate such system or point source, or part thereof as so changed,
2.32added to, or extended until plans and specifications therefor shall have been submitted to
2.33the agency, unless the agencyshall have waived the waives submission thereof to it of
2.34the plans and specifications and a written permittherefor shall have been for the change,
2.35addition, or extension is granted by the agency.
3.1(b) If a person who discharges a pollutant into the waters of the state is required by
3.2statutes or rules to obtain both a national pollutant discharge elimination system permit
3.3and a state disposal system permit and the permit is not for discharge under Minnesota
3.4Rules, part 7090.2010, it is unlawful for the person to change, add to, or extend an existing
3.5disposal system or point source, or part thereof, as specified under paragraph (a) until
3.6plans and specifications for the change, addition, or extension have been submitted to
3.7the agency, unless the agency waives submission of the plans and specifications. The
3.8person is prohibited from discharging additional or increased pollutants into the waters
3.9of the state until a written permit for the discharge is granted by the agency and plans
3.10and specifications for the change, addition, or extension have been approved, unless the
3.11agency waives the submission of plans and specifications.
3.12 Sec. 3. Minnesota Statutes 2010, section 116.03, is amended by adding a subdivision to
3.13read:
3.14 Subd. 2b. Permitting efficiency. (a) It is the goal of the state that environmental
3.15and resource management permits be issued or denied within 150 days of the submission
3.16of a completed permit application. The commissioner of the Pollution Control Agency
3.17shall establish management systems designed to achieve the goal.
3.18(b) The commissioner shall prepare semiannual permitting efficiency reports that
3.19include statistics on meeting the goal in paragraph (a). The reports are due February 1 and
3.20August 1 each year. For permit applications that have not met the goal, the report must
3.21state the reasons for not meeting the goal, steps that will be taken to complete action on
3.22the application, and the expected timeline. In stating the reasons for not meeting the
3.23goal, the commissioner shall separately identify delays caused by the responsiveness of
3.24the proposer, lack of staff, scientific or technical disagreements, or the level of public
3.25engagement. The report must specify the number of days from initial submission of
3.26the application to the day of determination that the application is complete. The report
3.27for the final quarter of the fiscal year must aggregate the data for the year and assess
3.28whether program or system changes are necessary to achieve the goal. The report must
3.29be posted on the agency's Web site and submitted to the governor and the chairs of the
3.30house of representatives and senate committees having jurisdiction over environment
3.31policy and finance.
3.32(c) The commissioner shall allow electronic submission of environmental review
3.33and permit documents to the agency.
3.34 Sec. 4. Minnesota Statutes 2010, section 116.07, subdivision 2, is amended to read:
4.1 Subd. 2. Adoption of standards. (a) The Pollution Control Agency shall improve
4.2air quality by promoting, in the most practicable way possible, the use of energy sources
4.3and waste disposal methods which produce or emit the least air contaminants consistent
4.4with the agency's overall goal of reducing all forms of pollution. The agency shall also
4.5adopt standards of air quality, including maximum allowable standards of emission of air
4.6contaminants from motor vehicles, recognizing that due to variable factors, no single
4.7standard of purity of air is applicable to all areas of the state. In adopting standards the
4.8Pollution Control Agency shall give due recognition to the fact that the quantity or
4.9characteristics of air contaminants or the duration of their presence in the atmosphere,
4.10which may cause air pollution in one area of the state, may cause less or not cause any air
4.11pollution in another area of the state, and it shall take into consideration in this connection
4.12such factors, including others which it may deem proper, as existing physical conditions,
4.13zoning classifications, topography, prevailing wind directions and velocities, and the fact
4.14that a standard of air quality which may be proper as to an essentially residential area of
4.15the state, may not be proper as to a highly developed industrial area of the state. Such
4.16standards of air quality shall be premised upon scientific knowledge of causes as well as
4.17effects based on technically substantiated criteria and commonly accepted practices. No
4.18local government unit shall set standards of air quality which are more stringent than
4.19those set by the Pollution Control Agency.
4.20(b) The Pollution Control Agency shall promote solid waste disposal control
4.21by encouraging the updating of collection systems, elimination of open dumps, and
4.22improvements in incinerator practices. The agency shall also adopt standards for the
4.23control of the collection, transportation, storage, processing, and disposal of solid waste
4.24and sewage sludge for the prevention and abatement of water, air, and land pollution,
4.25recognizing that due to variable factors, no single standard of control is applicable to
4.26all areas of the state. In adopting standards, the Pollution Control Agency shall give
4.27due recognition to the fact that elements of control which may be reasonable and proper
4.28in densely populated areas of the state may be unreasonable and improper in sparsely
4.29populated or remote areas of the state, and it shall take into consideration in this connection
4.30such factors, including others which it may deem proper, as existing physical conditions,
4.31topography, soils and geology, climate, transportation, and land use. Such standards of
4.32control shall be premised on technical criteria and commonly accepted practices.
4.33(c) The Pollution Control Agency shall also adopt standards describing the
4.34maximum levels of noise in terms of sound pressure level which may occur in the outdoor
4.35atmosphere, recognizing that due to variable factors no single standard of sound pressure
4.36is applicable to all areas of the state. Such standards shall give due consideration to
5.1such factors as the intensity of noises, the types of noises, the frequency with which
5.2noises recur, the time period for which noises continue, the times of day during which
5.3noises occur, and such other factors as could affect the extent to which noises may be
5.4injurious to human health or welfare, animal or plant life, or property, or could interfere
5.5unreasonably with the enjoyment of life or property. In adopting standards, the Pollution
5.6Control Agency shall give due recognition to the fact that the quantity or characteristics
5.7of noise or the duration of its presence in the outdoor atmosphere, which may cause
5.8noise pollution in one area of the state, may cause less or not cause any noise pollution
5.9in another area of the state, and it shall take into consideration in this connection such
5.10factors, including others which it may deem proper, as existing physical conditions,
5.11zoning classifications, topography, meteorological conditions and the fact that a standard
5.12which may be proper in an essentially residential area of the state, may not be proper as to
5.13a highly developed industrial area of the state. Such noise standards shall be premised
5.14upon scientific knowledge as well as effects based on technically substantiated criteria
5.15and commonly accepted practices. No local governing unit shall set standards describing
5.16the maximum levels of sound pressure which are more stringent than those set by the
5.17Pollution Control Agency.
5.18(d) The Pollution Control Agency shall adopt standards for the identification of
5.19hazardous waste and for the management, identification, labeling, classification, storage,
5.20collection, transportation, processing, and disposal of hazardous waste, recognizing
5.21that due to variable factors, a single standard of hazardous waste control may not be
5.22applicable to all areas of the state. In adopting standards, the Pollution Control Agency
5.23shall recognize that elements of control which may be reasonable and proper in densely
5.24populated areas of the state may be unreasonable and improper in sparsely populated
5.25or remote areas of the state. The agency shall consider existing physical conditions,
5.26topography, soils, and geology, climate, transportation and land use. Standards of
5.27hazardous waste control shall be premised on technical knowledge, and commonly
5.28accepted practices. Hazardous waste generator licenses may be issued for a term not to
5.29exceed five years. No local government unit shall set standards of hazardous waste control
5.30which are in conflict or inconsistent with those set by the Pollution Control Agency.
5.31(e) A person who generates less than 100 kilograms of hazardous waste per month is
5.32exempt from the following agency hazardous waste rules:
5.33(1) rules relating to transportation, manifesting, storage, and labeling for
5.34photographic fixer and x-ray negative wastes that are hazardous solely because of silver
5.35content; and
6.1(2) any rule requiring the generator to send to the agency or commissioner a copy
6.2of each manifest for the transportation of hazardous waste for off-site treatment, storage,
6.3or disposal, except that counties within the metropolitan area may require generators to
6.4provide manifests.
6.5Nothing in this paragraph exempts the generator from the agency's rules relating to on-site
6.6accumulation or outdoor storage. A political subdivision or other local unit of government
6.7may not adopt management requirements that are more restrictive than this paragraph.
6.8(f) In any rulemaking proceeding under chapter 14 to adopt standards for air quality
6.9or hazardous waste under this chapter or standards for water quality under chapter 115
6.10that are more stringent than any similar federal standard, the statement of need and
6.11reasonableness must include documentation that the federal standard does not provide
6.12adequate protection for public health and the environment and a comparison of the
6.13proposed standard with standards in border states and states within Environmental
6.14Protection Agency Region 5.
6.15 Sec. 5. Minnesota Statutes 2010, section 116D.04, subdivision 3a, is amended to read:
6.16 Subd. 3a. Final decisions. Within90 30 days after final approval of an
6.17environmental impact statement, final decisions shall be made by the appropriate
6.18governmental units on those permits which were identified as required and for which
6.19information was developed concurrently with the preparation of the environmental impact
6.20statement. Provided, however, that the90-day 30-day period may be extended where a
6.21longer period is required by federal law or state statute or is consented to by the permit
6.22applicant. The permit decision shall include the reasons for the decision, including
6.23any conditions under which the permit is issued, together with a final order granting or
6.24denying the permit.
6.25 Sec. 6. Minnesota Statutes 2010, section 116D.04, subdivision 10, is amended to read:
6.26 Subd. 10. Review. Decisions on the need for an environmental assessment
6.27worksheet, the need for an environmental impact statement, and the adequacy of an
6.28environmental impact statement may be reviewed bya declaratory judgment action in
6.29the district court of the county wherein the proposed action, or any part thereof, would
6.30be undertaken the Court of Appeals. Judicial review under this section shall be initiated
6.31within 30 days after the governmental unit makes the decision, and a bond may be
6.32required under section562.02 unless at the time of hearing on the application for the bond
6.33the plaintiff has shown that the claim has sufficient possibility of success on the merits to
6.34sustain the burden required for the issuance of a temporary restraining order. Nothing in
7.1this section shall be construed to alter the requirements for a temporary restraining order
7.2or a preliminary injunction pursuant to the Minnesota Rules of Civil Procedure for district
7.3courts. The board may initiate judicial review of decisions referred to herein and may
7.4intervene as of right in any proceeding brought under this subdivision.
7.5 Sec. 7. Minnesota Statutes 2010, section 116D.045, subdivision 1, is amended to read:
7.6 Subdivision 1. Assessment. The board shall by rule adopt procedures to authorize
7.7the proposer of a specific action to prepare a draft environmental impact statement of that
7.8action required pursuant to section 116D.04 for submission to and review, modification,
7.9and determination of completeness and adequacy by the responsible governmental unit or
7.10assess the proposer of a specific action for reasonable costs of preparing, reviewing, and
7.11distributingan the environmental impact statement on that action required pursuant to
7.12section
116D.04
7.13pursuant to the rules promulgated by the board.
7.14 Sec. 8. Minnesota Statutes 2010, section 116D.045, subdivision 3, is amended to read:
7.15 Subd. 3. Use of assessment. As necessary, the responsible governmental unit shall
7.16assess the project proposer for reasonable costs that the responsible governmental unit
7.17incurs in preparing, reviewing, and distributing the environmental impact statement and
7.18the proposer shall pay the assessed cost to the responsible governmental unit. Money
7.19received under this subdivision by a responsible governmental unit may be retained by the
7.20unit for the same purposes. Money received by a state agency must be credited to a special
7.21account and is appropriated to the agency to cover the assessed costs incurred.
7.22 Sec. 9. RULE AMENDMENT.
7.23The commissioner of the Pollution Control Agency shall amend Minnesota Rules,
7.24part 7001.0030, to comply with the amendments made under section 2. The commissioner
7.25may use the good cause exemption under Minnesota Statutes, section 14.388, subdivision
7.261, clause (3), to adopt the amendment under this section, and Minnesota Statutes, section
7.2714.386, does not apply except as provided under Minnesota Statutes, section 14.388.
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 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 completed permit application. The commissioner of natural resources shall establish
1.12management 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
2.1of the house of representatives and senate committees having jurisdiction over natural
2.2resources policy and finance.
2.3(c) The commissioner shall allow electronic submission of environmental review
2.4and permit documents to the department.
2.5 Sec. 2. Minnesota Statutes 2010, section 115.07, is amended to read:
2.6115.07 VIOLATIONS AND PROHIBITIONS.
2.7 Subdivision 1. Obtain permit. (a) Except as provided in paragraph (b), it
2.8is unlawful for any person to construct, install, or operate a disposal system, or any part
2.9thereof, until plans
2.10submitted to the agency, unless the agency
2.11
2.12for the disposal system is granted by the agency.
2.13(b) If a person who discharges a pollutant into the waters of the state is required by
2.14statutes or rules to obtain both a national pollutant discharge elimination system permit
2.15and a state disposal system permit and the permit is not for discharges under Minnesota
2.16Rules, part 7090.2010, it is unlawful for the person to construct, install, or operate the
2.17disposal system, or any part thereof, until plans and specifications for the disposal system
2.18have been submitted to the agency, unless the agency waives submission of the plans and
2.19specifications. The person is prohibited from discharging a pollutant into the waters of
2.20the state until a written permit for the discharge is granted by the agency and plans and
2.21specifications for the disposal system have been approved, unless the agency waives the
2.22submission of the plans and specifications.
2.23(c) For disposal systems operated on streams with extreme seasonal flows, the
2.24agency must allow seasonal permit limits based on a fixed or variable effluent limit when
2.25the municipality operating the disposal system requests them and is in compliance with
2.26agency water quality standards.
2.27 Subd. 3. Permission for extension. (a) Except as provided in paragraph (b), it
2.28
2.29existing disposal system or point source, or part thereof, to effect any facility expansion,
2.30production increase, or process modification which results in new or increased discharges
2.31of pollutants, or to operate such system or point source, or part thereof as so changed,
2.32added to, or extended until plans and specifications therefor shall have been submitted to
2.33the agency, unless the agency
2.34the plans and specifications and a written permit
2.35addition, or extension is granted by the agency.
3.1(b) If a person who discharges a pollutant into the waters of the state is required by
3.2statutes or rules to obtain both a national pollutant discharge elimination system permit
3.3and a state disposal system permit and the permit is not for discharge under Minnesota
3.4Rules, part 7090.2010, it is unlawful for the person to change, add to, or extend an existing
3.5disposal system or point source, or part thereof, as specified under paragraph (a) until
3.6plans and specifications for the change, addition, or extension have been submitted to
3.7the agency, unless the agency waives submission of the plans and specifications. The
3.8person is prohibited from discharging additional or increased pollutants into the waters
3.9of the state until a written permit for the discharge is granted by the agency and plans
3.10and specifications for the change, addition, or extension have been approved, unless the
3.11agency waives the submission of plans and specifications.
3.12 Sec. 3. Minnesota Statutes 2010, section 116.03, is amended by adding a subdivision to
3.13read:
3.14 Subd. 2b. Permitting efficiency. (a) It is the goal of the state that environmental
3.15and resource management permits be issued or denied within 150 days of the submission
3.16of a completed permit application. The commissioner of the Pollution Control Agency
3.17shall establish management systems designed to achieve the goal.
3.18(b) The commissioner shall prepare semiannual permitting efficiency reports that
3.19include statistics on meeting the goal in paragraph (a). The reports are due February 1 and
3.20August 1 each year. For permit applications that have not met the goal, the report must
3.21state the reasons for not meeting the goal, steps that will be taken to complete action on
3.22the application, and the expected timeline. In stating the reasons for not meeting the
3.23goal, the commissioner shall separately identify delays caused by the responsiveness of
3.24the proposer, lack of staff, scientific or technical disagreements, or the level of public
3.25engagement. The report must specify the number of days from initial submission of
3.26the application to the day of determination that the application is complete. The report
3.27for the final quarter of the fiscal year must aggregate the data for the year and assess
3.28whether program or system changes are necessary to achieve the goal. The report must
3.29be posted on the agency's Web site and submitted to the governor and the chairs of the
3.30house of representatives and senate committees having jurisdiction over environment
3.31policy and finance.
3.32(c) The commissioner shall allow electronic submission of environmental review
3.33and permit documents to the agency.
3.34 Sec. 4. Minnesota Statutes 2010, section 116.07, subdivision 2, is amended to read:
4.1 Subd. 2. Adoption of standards. (a) The Pollution Control Agency shall improve
4.2air quality by promoting, in the most practicable way possible, the use of energy sources
4.3and waste disposal methods which produce or emit the least air contaminants consistent
4.4with the agency's overall goal of reducing all forms of pollution. The agency shall also
4.5adopt standards of air quality, including maximum allowable standards of emission of air
4.6contaminants from motor vehicles, recognizing that due to variable factors, no single
4.7standard of purity of air is applicable to all areas of the state. In adopting standards the
4.8Pollution Control Agency shall give due recognition to the fact that the quantity or
4.9characteristics of air contaminants or the duration of their presence in the atmosphere,
4.10which may cause air pollution in one area of the state, may cause less or not cause any air
4.11pollution in another area of the state, and it shall take into consideration in this connection
4.12such factors, including others which it may deem proper, as existing physical conditions,
4.13zoning classifications, topography, prevailing wind directions and velocities, and the fact
4.14that a standard of air quality which may be proper as to an essentially residential area of
4.15the state, may not be proper as to a highly developed industrial area of the state. Such
4.16standards of air quality shall be premised upon scientific knowledge of causes as well as
4.17effects based on technically substantiated criteria and commonly accepted practices. No
4.18local government unit shall set standards of air quality which are more stringent than
4.19those set by the Pollution Control Agency.
4.20(b) The Pollution Control Agency shall promote solid waste disposal control
4.21by encouraging the updating of collection systems, elimination of open dumps, and
4.22improvements in incinerator practices. The agency shall also adopt standards for the
4.23control of the collection, transportation, storage, processing, and disposal of solid waste
4.24and sewage sludge for the prevention and abatement of water, air, and land pollution,
4.25recognizing that due to variable factors, no single standard of control is applicable to
4.26all areas of the state. In adopting standards, the Pollution Control Agency shall give
4.27due recognition to the fact that elements of control which may be reasonable and proper
4.28in densely populated areas of the state may be unreasonable and improper in sparsely
4.29populated or remote areas of the state, and it shall take into consideration in this connection
4.30such factors, including others which it may deem proper, as existing physical conditions,
4.31topography, soils and geology, climate, transportation, and land use. Such standards of
4.32control shall be premised on technical criteria and commonly accepted practices.
4.33(c) The Pollution Control Agency shall also adopt standards describing the
4.34maximum levels of noise in terms of sound pressure level which may occur in the outdoor
4.35atmosphere, recognizing that due to variable factors no single standard of sound pressure
4.36is applicable to all areas of the state. Such standards shall give due consideration to
5.1such factors as the intensity of noises, the types of noises, the frequency with which
5.2noises recur, the time period for which noises continue, the times of day during which
5.3noises occur, and such other factors as could affect the extent to which noises may be
5.4injurious to human health or welfare, animal or plant life, or property, or could interfere
5.5unreasonably with the enjoyment of life or property. In adopting standards, the Pollution
5.6Control Agency shall give due recognition to the fact that the quantity or characteristics
5.7of noise or the duration of its presence in the outdoor atmosphere, which may cause
5.8noise pollution in one area of the state, may cause less or not cause any noise pollution
5.9in another area of the state, and it shall take into consideration in this connection such
5.10factors, including others which it may deem proper, as existing physical conditions,
5.11zoning classifications, topography, meteorological conditions and the fact that a standard
5.12which may be proper in an essentially residential area of the state, may not be proper as to
5.13a highly developed industrial area of the state. Such noise standards shall be premised
5.14upon scientific knowledge as well as effects based on technically substantiated criteria
5.15and commonly accepted practices. No local governing unit shall set standards describing
5.16the maximum levels of sound pressure which are more stringent than those set by the
5.17Pollution Control Agency.
5.18(d) The Pollution Control Agency shall adopt standards for the identification of
5.19hazardous waste and for the management, identification, labeling, classification, storage,
5.20collection, transportation, processing, and disposal of hazardous waste, recognizing
5.21that due to variable factors, a single standard of hazardous waste control may not be
5.22applicable to all areas of the state. In adopting standards, the Pollution Control Agency
5.23shall recognize that elements of control which may be reasonable and proper in densely
5.24populated areas of the state may be unreasonable and improper in sparsely populated
5.25or remote areas of the state. The agency shall consider existing physical conditions,
5.26topography, soils, and geology, climate, transportation and land use. Standards of
5.27hazardous waste control shall be premised on technical knowledge, and commonly
5.28accepted practices. Hazardous waste generator licenses may be issued for a term not to
5.29exceed five years. No local government unit shall set standards of hazardous waste control
5.30which are in conflict or inconsistent with those set by the Pollution Control Agency.
5.31(e) A person who generates less than 100 kilograms of hazardous waste per month is
5.32exempt from the following agency hazardous waste rules:
5.33(1) rules relating to transportation, manifesting, storage, and labeling for
5.34photographic fixer and x-ray negative wastes that are hazardous solely because of silver
5.35content; and
6.1(2) any rule requiring the generator to send to the agency or commissioner a copy
6.2of each manifest for the transportation of hazardous waste for off-site treatment, storage,
6.3or disposal, except that counties within the metropolitan area may require generators to
6.4provide manifests.
6.5Nothing in this paragraph exempts the generator from the agency's rules relating to on-site
6.6accumulation or outdoor storage. A political subdivision or other local unit of government
6.7may not adopt management requirements that are more restrictive than this paragraph.
6.8(f) In any rulemaking proceeding under chapter 14 to adopt standards for air quality
6.9or hazardous waste under this chapter or standards for water quality under chapter 115
6.10that are more stringent than any similar federal standard, the statement of need and
6.11reasonableness must include documentation that the federal standard does not provide
6.12adequate protection for public health and the environment and a comparison of the
6.13proposed standard with standards in border states and states within Environmental
6.14Protection Agency Region 5.
6.15 Sec. 5. Minnesota Statutes 2010, section 116D.04, subdivision 3a, is amended to read:
6.16 Subd. 3a. Final decisions. Within
6.17environmental impact statement, final decisions shall be made by the appropriate
6.18governmental units on those permits which were identified as required and for which
6.19information was developed concurrently with the preparation of the environmental impact
6.20statement. Provided, however, that the
6.21longer period is required by federal law or state statute or is consented to by the permit
6.22applicant. The permit decision shall include the reasons for the decision, including
6.23any conditions under which the permit is issued, together with a final order granting or
6.24denying the permit.
6.25 Sec. 6. Minnesota Statutes 2010, section 116D.04, subdivision 10, is amended to read:
6.26 Subd. 10. Review. Decisions on the need for an environmental assessment
6.27worksheet, the need for an environmental impact statement, and the adequacy of an
6.28environmental impact statement may be reviewed by
6.29
6.30
6.31within 30 days after the governmental unit makes the decision, and a bond may be
6.32required under section
6.33the plaintiff has shown that the claim has sufficient possibility of success on the merits to
6.34sustain the burden required for the issuance of a temporary restraining order. Nothing in
7.1this section shall be construed to alter the requirements for a temporary restraining order
7.2or a preliminary injunction pursuant to the Minnesota Rules of Civil Procedure for district
7.3courts. The board may initiate judicial review of decisions referred to herein and may
7.4intervene as of right in any proceeding brought under this subdivision.
7.5 Sec. 7. Minnesota Statutes 2010, section 116D.045, subdivision 1, is amended to read:
7.6 Subdivision 1. Assessment. The board shall by rule adopt procedures to authorize
7.7the proposer of a specific action to prepare a draft environmental impact statement of that
7.8action required pursuant to section 116D.04 for submission to and review, modification,
7.9and determination of completeness and adequacy by the responsible governmental unit or
7.10assess the proposer of a specific action for reasonable costs of preparing, reviewing, and
7.11distributing
7.12
7.13pursuant to the rules promulgated by the board.
7.14 Sec. 8. Minnesota Statutes 2010, section 116D.045, subdivision 3, is amended to read:
7.15 Subd. 3. Use of assessment. As necessary, the responsible governmental unit shall
7.16assess the project proposer for reasonable costs that the responsible governmental unit
7.17incurs in preparing, reviewing, and distributing the environmental impact statement and
7.18the proposer shall pay the assessed cost to the responsible governmental unit. Money
7.19received under this subdivision by a responsible governmental unit may be retained by the
7.20unit for the same purposes. Money received by a state agency must be credited to a special
7.21account and is appropriated to the agency to cover the assessed costs incurred.
7.22 Sec. 9. RULE AMENDMENT.
7.23The commissioner of the Pollution Control Agency shall amend Minnesota Rules,
7.24part 7001.0030, to comply with the amendments made under section 2. The commissioner
7.25may use the good cause exemption under Minnesota Statutes, section 14.388, subdivision
7.261, clause (3), to adopt the amendment under this section, and Minnesota Statutes, section
7.2714.386, does not apply except as provided under Minnesota Statutes, section 14.388.
