HF 906

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 04/02/2013 02:55pm

A bill for an act
relating to natural resources; requiring the development of silica sand mining
model standards and criteria; establishing a silica sand technical assistance team;
requiring administrative rules; appropriating money; proposing coding for new
law in Minnesota Statutes, chapter 116C.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [116C.99] SILICA SAND MINING MODEL STANDARDS AND
CRITERIA.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The definitions in this subdivision apply to this section.
new text end

new text begin (a) "Local unit of government" means a county, statutory or home rule charter city,
or town.
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new text begin (b) "Mining" means excavating and mining silica sand by any process, including
digging, excavating, mining, drilling, blasting, tunneling, dredging, stripping, or by shaft.
new text end

new text begin (c) "Processing" means washing, cleaning, screening, crushing, filtering, sorting,
processing, stockpiling, and storing silica sand, either at the mining site or at any other site.
new text end

new text begin (d) "Silica sand" means well-rounded, sand-sized grains of quartz (silicon dioxide),
with very little impurities in terms of other minerals. Specifically, the silica sand for the
purposes of this section is commercially valuable for use in the hydraulic fracturing of
shale to obtain oil and natural gas. Silica sand does not include common rock, stone,
aggregate, gravel, sand with a low quartz level, or silica compounds recovered as a
by-product of metallic mining.
new text end

new text begin (e) "Silica sand project" means the excavation and mining and processing of silica
sand; the washing, cleaning, screening, crushing, filtering, drying, sorting, stockpiling,
and storing of silica sand, either at the mining site or at any other site; the hauling and
transporting of silica sand; or a facility for transporting silica sand to destinations by rail,
barge, truck, or other means of transportation.
new text end

new text begin (f) "Temporary storage" means the storage of stock piles of silica sand that have
been transported and await further transport.
new text end

new text begin (g) "Transporting" means hauling and transporting silica sand, by any carrier:
new text end

new text begin (1) from the mining site to a processing or transfer site; or
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new text begin (2) from a processing or storage site to a rail, barge, or transfer site for transporting
to destinations.
new text end

new text begin Subd. 2. new text end

new text begin Standards and criteria. new text end

new text begin (a) By October 1, 2013, the Environmental
Quality Board, in consultation with local units of government, shall develop model
standards and criteria for mining, processing, and transporting silica sand. These standards
and criteria may be used by local units of government in developing local ordinances.
The standards and criteria must include:
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new text begin (1) recommendations for setbacks or buffers for mining operation and processing,
including:
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new text begin (i) any residence or residential zoning district boundary;
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new text begin (ii) any property line or right-of-way line of any existing or proposed street or
highway;
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new text begin (iii) ordinary high water levels of public waters;
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new text begin (iv) bluffs;
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new text begin (v) designated trout streams, Class 2A water as designated in the rules of the
Pollution Control Agency, or any perennially flowing tributary of a designated trout
stream or Class 2A water;
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new text begin (vi) calcareous fens;
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new text begin (vii) wellhead protection areas as defined in section 103I.005;
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new text begin (viii) critical natural habitat acquired by the commissioner of natural resources
under section 84.944; and
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new text begin (ix) a natural resource easement paid wholly or in part by public funds;
new text end

new text begin (2) standards for hours of operation;
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new text begin (3) groundwater and surface water quality and quantity monitoring and mitigation
plan requirements, including:
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new text begin (i) applicable groundwater and surface water appropriation permit requirements;
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new text begin (ii) well sealing requirements;
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new text begin (iii) annual submission of monitoring well data; and
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new text begin (iv) storm water runoff rate limits not to exceed two-, ten-, and 100-year storm events;
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new text begin (4) air monitoring and data submission requirements;
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new text begin (5) dust control requirements;
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new text begin (6) noise testing and mitigation plan requirements;
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new text begin (7) blast monitoring plan requirements;
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new text begin (8) lighting requirements;
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new text begin (9) inspection requirements;
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new text begin (10) containment requirements for silica sand in temporary storage to protect air
and water quality;
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new text begin (11) containment requirements for chemicals used in processing;
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new text begin (12) financial assurance requirements;
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new text begin (13) road and bridge impacts and requirements; and
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new text begin (14) reclamation plan requirements as required under the rules adopted by the
commissioner of natural resources.
new text end

new text begin Subd. 3. new text end

new text begin Silica sand technical assistance team. new text end

new text begin By October 1, 2013, the
Environmental Quality Board shall assemble a silica sand technical assistance team
to provide local units of government, at their request, with assistance with ordinance
development, zoning, environmental review and permitting, monitoring, or other issues
arising from silica sand mining and processing operations. The technical assistance team
shall be comprised of up to seven members, and shall be chosen from the following
entities: the Department of Natural Resources, the Pollution Control Agency, the Board of
Water and Soil Resources, the Department of Health, the Department of Transportation,
the University of Minnesota, and the Minnesota State Colleges and Universities. A
majority of the members must be from a state agency and have expertise in one or more of
the following areas: silica sand mining, hydrology, air quality, water quality, land use, or
other areas related to silica sand mining.
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new text begin Subd. 4. new text end

new text begin Consideration of technical assistance team recommendations. new text end

new text begin (a) When
the technical assistance team, at the request of the local unit of government, assembles
findings or makes a recommendation related to a proposed silica sand project for the
protection of human health and the environment, a local government unit must consider
the findings or recommendations of the technical assistance team in its approval or denial
of a silica sand project. If the local government unit does not agree with the technical
assistance team's findings and recommendations, the detailed reasons for the disagreement
must be part of the local government unit's record of decision.
new text end

new text begin (b) Silica sand project proposers must cooperate in providing local government unit
staff, and members of the technical assistance team with information regarding the project.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

new text begin [116C.991] TECHNICAL ASSISTANCE, ORDINANCE, AND PERMIT
LIBRARY.
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new text begin By October 1, 2013, the Environmental Quality Board, in consultation with local
units of government, shall create and maintain a library on local government ordinances
and local government permits that have been approved for regulation of silica sand
projects for reference by local governments.
new text end

Sec. 3. new text begin RULES.
new text end

new text begin (a) The commissioner of the Pollution Control Agency shall adopt rules pertaining
to the control of particulate emissions from silica sand mines. The commissioner shall
consider and incorporate, as appropriate to the conditions of this state, Wisconsin
Administrative Code NR 415, in effect as of January 1, 2012, pertaining to industrial
sand mines.
new text end

new text begin (b) The commissioner of natural resources shall adopt rules pertaining to the
reclamation of silica sand mines. The commissioner shall consider and incorporate, as
appropriate to the conditions of this state, Wisconsin Administrative Code NR 135, in
effect as of January 1, 2012, pertaining to reclamation of industrial sand mines.
new text end

new text begin (c) By January 1, 2014, the Department of Health shall adopt an air quality health
advisory for silica sand.
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Sec. 4. new text begin APPROPRIATION; TECHNICAL ASSISTANCE TEAM AND MODEL
STANDARDS AND CRITERIA.
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new text begin (a) $....... in fiscal year 2014 is appropriated from the general fund to the Pollution
Control Agency for the Environmental Quality Board to develop model standards and
criteria and operate a silica sand technical assistance team as required under section 1.
new text end

new text begin (b) $....... in fiscal year 2014 is appropriated from the general fund to the Pollution
Control Agency for the development of rules under section 3, paragraph (a).
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new text begin (c) $....... in fiscal year 2014 is appropriated from the general fund to the
commissioner of natural resources for the development of rules under section 3, paragraph
(b).
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