as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
|Introduction||Posted on 02/20/1997|
1.1 A bill for an act 1.2 relating to the environment; modifying requirements 1.3 for toxic pollution prevention plans; amending 1.4 Minnesota Statutes 1996, sections 115D.07, subdivision 1.5 2; and 115D.08. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 1996, section 115D.07, 1.8 subdivision 2, is amended to read: 1.9 Subd. 2. [CONTENTS OF PLAN.] (a) Each toxic pollution 1.10 prevention plan must establish a program identifying the 1.11 specific technically and economically practicable steps that 1.12 could be taken during at least the three years following the 1.13 date the plan is due, to eliminate or reduce the generation or 1.14 release of toxic pollutants, or the quantity that is treated, 1.15 recycled, or subject to energy recovery, whether on-site or 1.16 off-site, reported by the facility. Toxic pollutants resulting 1.17 solely from research and development activities need not be 1.18 included in the plan. 1.19 (b) At a minimum, each plan must include: 1.20 (1) a policy statement articulating upper management 1.21 support for eliminating or reducing the generation or release of 1.22 toxic pollutants, or the quantity that is treated, recycled, or 1.23 subject to energy recovery, whether on-site or off-site, at the 1.24 facility; 1.25 (2) a description of the current processes generating or 2.1 releasing toxic pollutants that specifically describes the 2.2 types, sources, and quantities of toxic pollutants currently 2.3 being generated or released, or that are treated, recycled, or 2.4 subject to energy recovery, whether on-site or off-site, by the 2.5 facility; 2.6 (3) a description of the current and past practices used to 2.7 eliminate or reduce the generation or release of toxic 2.8 pollutants, or the quantity that is treated, recycled, or 2.9 subject to energy recovery, whether on-site or off-site, at the 2.10 facility and an evaluation of the effectiveness of these 2.11 practices; 2.12 (4) an assessment of technically and economically 2.13 practicable options available to eliminate or reduce the 2.14 generation or release of toxic pollutants, or the quantity that 2.15 is treated, recycled, or subject to energy recovery, whether 2.16 on-site or off-site, at the facility, including options such as 2.17 changing the raw materials, operating techniques, equipment and 2.18 technology, personnel training, and other practices used at the 2.19 facility. The assessment may include a cost benefit analysis of 2.20 the available options; 2.21 (5) a statement of objectives based on the assessment in 2.22 clause (4) and a schedule for achieving those objectives. 2.23 Wherever technically and economically practicable, the 2.24 objectives for eliminating or reducing the generation or release 2.25 of each toxic pollutant, or the quantity that is treated, 2.26 recycled, or subject to energy recovery, whether on-site or 2.27 off-site, at the facility must be expressed in numeric terms 2.28 based on a specified base year that is no earlier than 1987. 2.29 Otherwise, the objectives must include a clearly stated list of 2.30 actions designed to lead to the establishment of numeric 2.31 objectives as soon as practicable; 2.32 (6) an explanation of the rationale for each objective 2.33 established for the facility; 2.34 (7) a listing of options that were considered not to be 2.35 economically and technically practicable; and 2.36 (8) a certification, signed and dated by the facility 3.1 manager and an officer of the company under penalty of section 3.2 609.63, attesting to the accuracy of the information in the plan. 3.3 Sec. 2. Minnesota Statutes 1996, section 115D.08, is 3.4 amended to read: 3.5 115D.08 [PROGRESS REPORTS.] 3.6 Subdivision 1. [REQUIREMENT TO SUBMIT PROGRESS REPORT.] 3.7 (a) All persons required to prepare a toxic pollution prevention 3.8 plan under section 115D.07 shall submit an annual progress 3.9 report to the
commissioneremergency response commission that 3.10 may be drafted in a manner that does not disclose proprietary 3.11 information. Progress reports are due on OctoberJuly 1 of each 3.12 year to the commission. The first progress reports are due in3.13 1992.The commission shall provide copies of the progress 3.14 reports to the director and commissioner. 3.15 (b) At a minimum, each progress report must include: 3.16 (1) a summary of each objective established in the plan, 3.17 including the base year for any objective stated in numeric 3.18 terms, and the schedule for meeting each objective; 3.19 (2) if necessary, a clearly stated list of actions designed 3.20 to lead to the establishment of numeric objectives as soon as 3.21 practicable if nonnumeric objectives were used; 3.22 (3) a summary of progress made during the past year, if 3.23 any, toward meeting each objective established in the plan 3.24 including the quantity of each toxic pollutant eliminated or 3.25 reduced; 3.26 (3)(4) a statement of the methods through which 3.27 elimination or reduction has been achieved; 3.28 (4)(5) if necessary, an explanation of the reasons 3.29 objectives were not achieved during the previous year, including 3.30 identification of any technological, economic, or other 3.31 impediments the facility faced in its efforts to achieve its 3.32 objectives; and 3.33 (5)(6) a certification, signed and dated by the facility 3.34 manager and an officer of the company under penalty of section 3.35 609.63, attesting that a plan meeting the requirements of 3.36 section 115D.07 has been prepared and also attesting to the 4.1 accuracy of the information in the progress report. 4.2 Subd. 2. [REVIEW OF PROGRESS REPORTS.] (a) The 4.3 commissionercommission shall review all progress reports to 4.4 determine if they meet the requirements of subdivision 1. If 4.5 the commissionercommission determines that a progress report 4.6 does not meet the requirements, the commissionercommission 4.7 shall notify the facility in writing and shall identify specific 4.8 deficiencies and specify a reasonable time period of not less 4.9 than 90 days for the facility to modify the progress 4.10 report. The director shall review progress reports to determine 4.11 facilities which are in need of pollution prevention assistance. 4.12 (b) The commissioner, commission, and director shall be 4.13 given access to a facility plan required under section 115D.07 4.14 if the commissionercommission determines that the progress 4.15 report for that facility does not meet the requirements of 4.16 subdivision 1. 4.17 (c) Twenty-five or more persons living within ten miles of 4.18 the facility may submit a petition to the commissioner4.19 commission that identifies specific deficiencies in the progress 4.20 report and requests the commissionercommission to review the 4.21 facility plan. Within 30 days after receipt of the petition, 4.22 the commissionercommission shall respond in writing. If 4.23 the commissionercommission agrees that the progress report does 4.24 not meet requirements of subdivision 1, the commissioner, 4.25 commission, and director shall be given access to the facility 4.26 plan. 4.27 (c)(d) After reviewing the plan and the progress report 4.28 with any modifications submitted, the commissionercommission 4.29 shall state in writing whether the progress report meets the 4.30 requirements of subdivision 1. If the commissionercommission 4.31 determines that a modified progress report still does not meet 4.32 the requirements of subdivision 1, the commissionercommission 4.33 shall schedule a public meeting. The meeting shall be held in 4.34 the county where the facility is located. The meeting is not 4.35 subject to the requirements of chapter 14. 4.36 (d)(e) The facility shall be given the opportunity to 5.1 amend the progress report within a period of not less than 30 5.2 days after the public meeting. 5.3 (e)(f) If the commissionercommission determines that a 5.4 modified progress report still does not meet the requirements of 5.5 subdivision 1, action may be taken by the commissioner under 5.6 section 115.071 or the commission under chapter 299K to obtain 5.7 compliance with sections 115D.01 to 115D.12.