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HF 967

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

  1.1                          A bill for an act 
  1.2             relating to environment; modifying provisions relating 
  1.3             to animal feedlots; amending Minnesota Statutes 2002, 
  1.4             sections 116.07, subdivisions 7, 7a; 116D.04, 
  1.5             subdivisions 2a, 10, 11, 13. 
  1.7      Section 1.  Minnesota Statutes 2002, section 116.07, 
  1.8   subdivision 7, is amended to read: 
  1.10  LOT PERMITS.] Any Minnesota county board may, by resolution, 
  1.11  with approval of the pollution control agency, assume 
  1.12  responsibility for processing applications for permits required 
  1.13  by the pollution control agency under this section for livestock 
  1.14  feedlots, poultry lots or other animal lots.  The responsibility 
  1.15  for permit application processing, if assumed by a county, may 
  1.16  be delegated by the county board to any appropriate county 
  1.17  officer or employee.  
  1.18     (a) For the purposes of this subdivision, the term 
  1.19  "processing" includes: 
  1.20     (1) the distribution to applicants of forms provided by the 
  1.21  pollution control agency; 
  1.22     (2) the receipt and examination of completed application 
  1.23  forms, and the certification, in writing, to the pollution 
  1.24  control agency either that the animal lot facility for which a 
  1.25  permit is sought by an applicant will comply with applicable 
  2.1   rules and standards, or, if the facility will not comply, the 
  2.2   respects in which a variance would be required for the issuance 
  2.3   of a permit; and 
  2.4      (3) rendering to applicants, upon request, assistance 
  2.5   necessary for the proper completion of an application. 
  2.6      (b) For the purposes of this subdivision, the term 
  2.7   "processing" may include, at the option of the county board, 
  2.8   issuing, denying, modifying, imposing conditions upon, or 
  2.9   revoking permits pursuant to the provisions of this section or 
  2.10  rules promulgated pursuant to it, subject to review, suspension, 
  2.11  and reversal by the pollution control agency.  The pollution 
  2.12  control agency shall, after written notification, have 15 days 
  2.13  to review, suspend, modify, or reverse the issuance of the 
  2.14  permit.  After this period, the action of the county board is 
  2.15  final, subject to appeal as provided in chapter 14.  For permit 
  2.16  applications filed after October 1, 2001, section 15.99 applies 
  2.17  to feedlot permits issued by the agency or a county pursuant to 
  2.18  this subdivision. 
  2.19     (c) For the purpose of administration of rules adopted 
  2.20  under this subdivision, the commissioner and the agency may 
  2.21  provide exceptions for cases where the owner of a feedlot has 
  2.22  specific written plans to close the feedlot within five years.  
  2.23  These exceptions include waiving requirements for major capital 
  2.24  improvements. 
  2.25     (d) For purposes of this subdivision, a discharge caused by 
  2.26  an extraordinary natural event such as a precipitation event of 
  2.27  greater magnitude than the 25-year, 24-hour event, tornado, or 
  2.28  flood in excess of the 100-year flood is not a "direct discharge 
  2.29  of pollutants." 
  2.30     (e) In adopting and enforcing rules under this subdivision, 
  2.31  the commissioner shall cooperate closely with other governmental 
  2.32  agencies. 
  2.33     (f) The pollution control agency shall work with the 
  2.34  Minnesota extension service, the department of agriculture, the 
  2.35  board of water and soil resources, producer groups, local units 
  2.36  of government, as well as with appropriate federal agencies such 
  3.1   as the Natural Resources Conservation Service and the Farm 
  3.2   Service Agency, to notify and educate producers of rules under 
  3.3   this subdivision at the time the rules are being developed and 
  3.4   adopted and at least every two years thereafter. 
  3.5      (g) The pollution control agency shall adopt rules 
  3.6   governing the issuance and denial of permits for livestock 
  3.7   feedlots, poultry lots or other animal lots pursuant to this 
  3.8   section.  A feedlot permit is not required for livestock 
  3.9   feedlots with more than ten but less than 50 animal units; 
  3.10  provided they are not in shoreland areas.  A livestock feedlot 
  3.11  permit does not become required solely because of a change in 
  3.12  the ownership of the buildings, grounds, or feedlot.  These 
  3.13  rules apply both to permits issued by counties and to permits 
  3.14  issued by the pollution control agency directly.  
  3.15     (h) The pollution control agency shall exercise supervising 
  3.16  authority with respect to the processing of animal lot permit 
  3.17  applications by a county. 
  3.18     (i) Any new rules or amendments to existing rules proposed 
  3.19  under the authority granted in this subdivision, or to implement 
  3.20  new fees on animal feedlots, must be submitted to the members of 
  3.21  legislative policy and finance committees with jurisdiction over 
  3.22  agriculture and the environment prior to final adoption.  The 
  3.23  rules must not become effective until 90 days after the proposed 
  3.24  rules are submitted to the members.  
  3.25     (j) Until new rules are adopted that provide for plans for 
  3.26  manure storage structures, any plans for a liquid manure storage 
  3.27  structure must be prepared or approved by a registered 
  3.28  professional engineer or a United States Department of 
  3.29  Agriculture, Natural Resources Conservation Service employee. 
  3.30     (k) A county may adopt by ordinance standards for animal 
  3.31  feedlots that are more stringent than standards in pollution 
  3.32  control agency rules. 
  3.33     (l) After January 1, 2001, a county that has not accepted 
  3.34  delegation of the feedlot permit program must hold a public 
  3.35  meeting prior to the agency issuing a feedlot permit for a 
  3.36  feedlot facility with 300 or more animal units, unless another 
  4.1   public meeting has been held with regard to the feedlot facility 
  4.2   to be permitted. 
  4.3      (m) After the proposed rules published in the State 
  4.4   Register, volume 24, number 25, are finally adopted, the agency 
  4.5   may not impose additional conditions as a part of a feedlot 
  4.6   permit, unless specifically required by law or agreed to by the 
  4.7   feedlot operator. 
  4.8      (n) For the purposes of feedlot permitting, a discharge 
  4.9   from land-applied manure or a manure stockpile that is managed 
  4.10  according to agency rule must not be subject to a fine for a 
  4.11  discharge violation.  
  4.12     (o) For the purposes of feedlot permitting, manure that is 
  4.13  land applied, or a manure stockpile that is managed according to 
  4.14  agency rule, must not be considered a discharge into waters of 
  4.15  the state, unless the discharge is to waters of the state, as 
  4.16  defined by section 103G.005, subdivision 17, except type 1 or 
  4.17  type 2 wetlands, as defined in section 103G.005, subdivision 
  4.18  17b, and does not meet discharge standards established for 
  4.19  feedlots under agency rule. 
  4.20     (p) Unless the upgrade is needed to correct an immediate 
  4.21  public health threat under section 145A.04, subdivision 8, or 
  4.22  the facility is determined to be a concentrated animal feeding 
  4.23  operation under Code of Federal Regulations, title 40, section 
  4.24  122.23, in effect on April 15, 2003, the agency may not require 
  4.25  a feedlot operator: 
  4.26     (1) to spend more than $3,000 to upgrade an existing 
  4.27  feedlot with less than 300 animal units unless cost-share money 
  4.28  is available to the feedlot operator for 75 percent of the cost 
  4.29  of the upgrade; or 
  4.30     (2) to spend more than $10,000 to upgrade an existing 
  4.31  feedlot with between 300 and 500 animal units, unless cost-share 
  4.32  money is available to the feedlot operator for 75 percent of the 
  4.33  cost of the upgrade or $50,000, whichever is less. 
  4.34     Sec. 2.  Minnesota Statutes 2002, section 116.07, 
  4.35  subdivision 7a, is amended to read: 
  5.1   PERMIT.] (a) A person who applies to the pollution control 
  5.2   agency or a county board for a permit to construct or expand a 
  5.3   feedlot with a capacity of 500 animal units or more shall, 
  5.4   not later less than ten business days after the application is 
  5.5   submitted before the date on which a permit is issued, provide 
  5.6   notice to each resident and each owner of real property within 
  5.7   5,000 feet of the perimeter of the proposed feedlot.  The notice 
  5.8   may be delivered by first class mail, in person, or by the 
  5.9   publication in a newspaper of general circulation within the 
  5.10  affected area and must include information on the type of 
  5.11  livestock and the proposed capacity of the feedlot.  
  5.12  Notification under this subdivision is satisfied under an equal 
  5.13  or greater notification requirement of a county conditional use 
  5.14  permit.  
  5.15     (b) The agency or a county board must verify that notice 
  5.16  was provided as required under paragraph (a) prior to issuing a 
  5.17  permit. 
  5.18     Sec. 3.  Minnesota Statutes 2002, section 116D.04, 
  5.19  subdivision 2a, is amended to read: 
  5.20     Subd. 2a.  Where there is potential for significant 
  5.21  environmental effects resulting from any major governmental 
  5.22  action, the action shall be preceded by a detailed environmental 
  5.23  impact statement prepared by the responsible governmental unit.  
  5.24  The environmental impact statement shall be an analytical rather 
  5.25  than an encyclopedic document which describes the proposed 
  5.26  action in detail, analyzes its significant environmental 
  5.27  impacts, discusses appropriate alternatives to the proposed 
  5.28  action and their impacts, and explores methods by which adverse 
  5.29  environmental impacts of an action could be mitigated.  The 
  5.30  environmental impact statement shall also analyze those 
  5.31  economic, employment and sociological effects that cannot be 
  5.32  avoided should the action be implemented.  To ensure its use in 
  5.33  the decision making process, the environmental impact statement 
  5.34  shall be prepared as early as practical in the formulation of an 
  5.35  action.  
  5.36     (a) The board shall by rule establish categories of actions 
  6.1   for which environmental impact statements and for which 
  6.2   environmental assessment worksheets shall be prepared as well as 
  6.3   categories of actions for which no environmental review is 
  6.4   required under this section.  
  6.5      (b) The responsible governmental unit shall promptly 
  6.6   publish notice of the completion of an environmental assessment 
  6.7   worksheet in a manner to be determined by the board and shall 
  6.8   provide copies of the environmental assessment worksheet to the 
  6.9   board and its member agencies.  Comments on the need for an 
  6.10  environmental impact statement may be submitted to the 
  6.11  responsible governmental unit during a 30 day period following 
  6.12  publication of the notice that an environmental assessment 
  6.13  worksheet has been completed.  The responsible governmental 
  6.14  unit's decision on the need for an environmental impact 
  6.15  statement shall be based on the environmental assessment 
  6.16  worksheet and the comments received during the comment period, 
  6.17  and shall be made within 15 days after the close of the comment 
  6.18  period.  The board's chair may extend the 15 day period by not 
  6.19  more than 15 additional days upon the request of the responsible 
  6.20  governmental unit.  
  6.21     (c) An environmental assessment worksheet shall also be 
  6.22  prepared for a proposed action whenever material evidence 
  6.23  accompanying a petition by not less than 25 individuals, 
  6.24  submitted before the proposed project has received final 
  6.25  approval by the appropriate governmental units, demonstrates 
  6.26  that, because of the nature or location of a proposed action, 
  6.27  there may be potential for significant environmental effects.  
  6.28  Petitions requesting the preparation of an environmental 
  6.29  assessment worksheet shall be submitted to the board.  The chair 
  6.30  of the board shall determine the appropriate responsible 
  6.31  governmental unit and forward the petition to it.  A decision on 
  6.32  the need for an environmental assessment worksheet shall be made 
  6.33  by the responsible governmental unit within 15 days after the 
  6.34  petition is received by the responsible governmental unit.  The 
  6.35  board's chair may extend the 15 day period by not more than 15 
  6.36  additional days upon request of the responsible governmental 
  7.1   unit.  Except in an environmentally sensitive location where 
  7.2   Minnesota Rules, part 4410.4300, subpart 29, item B, applies, 
  7.3   the proposed action is exempt from Minnesota Rules, parts 
  7.4   4410.0200 to 4410.6500, if: 
  7.5      (1) it is an animal feedlot facility with a capacity of 
  7.6   less than 1,000 animal units; 
  7.7      (2) it is an expansion of an existing animal feedlot 
  7.8   facility by less than 1,000 animal units; and 
  7.9      (3) the application for the animal feedlot facility 
  7.10  includes a written commitment by the proposer to design, 
  7.11  construct, and operate the facility in full compliance with 
  7.12  Minnesota Rules, chapter 7020. 
  7.13     (d) The board may, prior to final approval of a proposed 
  7.14  project, require preparation of an environmental assessment 
  7.15  worksheet by a responsible governmental unit selected by the 
  7.16  board for any action where environmental review under this 
  7.17  section has not been specifically provided for by rule or 
  7.18  otherwise initiated.  
  7.19     (e) An early and open process shall be utilized to limit 
  7.20  the scope of the environmental impact statement to a discussion 
  7.21  of those impacts, which, because of the nature or location of 
  7.22  the project, have the potential for significant environmental 
  7.23  effects.  The same process shall be utilized to determine the 
  7.24  form, content and level of detail of the statement as well as 
  7.25  the alternatives which are appropriate for consideration in the 
  7.26  statement.  In addition, the permits which will be required for 
  7.27  the proposed action shall be identified during the scoping 
  7.28  process.  Further, the process shall identify those permits for 
  7.29  which information will be developed concurrently with the 
  7.30  environmental impact statement.  The board shall provide in its 
  7.31  rules for the expeditious completion of the scoping process.  
  7.32  The determinations reached in the process shall be incorporated 
  7.33  into the order requiring the preparation of an environmental 
  7.34  impact statement.  
  7.35     (f) Whenever practical, information needed by a 
  7.36  governmental unit for making final decisions on permits or other 
  8.1   actions required for a proposed project shall be developed in 
  8.2   conjunction with the preparation of an environmental impact 
  8.3   statement.  
  8.4      (g) An environmental impact statement shall be prepared and 
  8.5   its adequacy determined within 280 days after notice of its 
  8.6   preparation unless the time is extended by consent of the 
  8.7   parties or by the governor for good cause.  The responsible 
  8.8   governmental unit shall determine the adequacy of an 
  8.9   environmental impact statement, unless within 60 days after 
  8.10  notice is published that an environmental impact statement will 
  8.11  be prepared, the board chooses to determine the adequacy of an 
  8.12  environmental impact statement.  If an environmental impact 
  8.13  statement is found to be inadequate, the responsible 
  8.14  governmental unit shall have 60 days to prepare an adequate 
  8.15  environmental impact statement.  
  8.16     Sec. 4.  Minnesota Statutes 2002, section 116D.04, 
  8.17  subdivision 10, is amended to read: 
  8.18     Subd. 10.  Decisions on the need for an environmental 
  8.19  assessment worksheet, the need for an environmental impact 
  8.20  statement and the adequacy of an environmental impact statement 
  8.21  may be reviewed by a declaratory judgment action in the district 
  8.22  court of the county wherein the proposed action, or any part 
  8.23  thereof, would be undertaken appeals brought by any person 
  8.24  aggrieved by the decision.  Judicial review under this section 
  8.25  shall be initiated within 30 days after the governmental unit 
  8.26  makes the decision, and a bond may be required under section 
  8.27  562.02 unless at the time of hearing on the application for the 
  8.28  bond the plaintiff has shown that the claim has sufficient 
  8.29  possibility of success on the merits to sustain the burden 
  8.30  required for the issuance of a temporary restraining order.  
  8.31  Nothing in this section shall be construed to alter the 
  8.32  requirements for a temporary restraining order or a preliminary 
  8.33  injunction pursuant to the Minnesota rules of civil procedure 
  8.34  for district courts.  The board may initiate judicial review of 
  8.35  decisions referred to herein and may intervene as of right in 
  8.36  any proceeding brought under this subdivision.  
  9.1      Sec. 5.  Minnesota Statutes 2002, section 116D.04, 
  9.2   subdivision 11, is amended to read: 
  9.3      Subd. 11.  If the board or governmental unit which is 
  9.4   required to act within a time period specified in this section 
  9.5   fails to so act, any person may seek an order of the district 
  9.6   court relief through the court of appeals requiring the board or 
  9.7   governmental unit to immediately take the action mandated by 
  9.8   subdivisions 2a and 3a.  The court of appeals shall make a 
  9.9   decision based on the information and record supplied by the 
  9.10  responsible governmental unit. 
  9.11     Sec. 6.  Minnesota Statutes 2002, section 116D.04, 
  9.12  subdivision 13, is amended to read: 
  9.13     Subd. 13.  This section may be enforced by injunction, 
  9.14  action to compel performance, or other appropriate action in the 
  9.15  district court of the county where the violation takes 
  9.16  place court of appeals.  The court of appeals shall have full 
  9.17  jurisdiction to hear and determine the matter appealed.  The 
  9.18  proceeding may be governed by the rules of civil appellate 
  9.19  procedure.  Upon the request of the board or the chair of the 
  9.20  board, the attorney general may bring an action under this 
  9.21  subdivision.