HF 1057

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to pollution control; prohibiting local 
  1.3             governments from exercising certain regulatory 
  1.4             authorities over feedlots; amending Minnesota Statutes 
  1.5             1994, section 116.07, subdivision 7.  
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 116.07, 
  1.8   subdivision 7, is amended to read: 
  1.9      Subd. 7.  [COUNTIES; PROCESSING OF APPLICATIONS FOR ANIMAL 
  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.  However, no county or other local unit of 
  1.18  government, whether or not the local unit of government has 
  1.19  assumed responsibility for processing permits under this 
  1.20  subdivision, may adopt ordinances or make decisions on 
  1.21  conditional use, building, or other permits for animal lots 
  1.22  issued by the local unit of government, that contain standards 
  1.23  that are more stringent than the provisions of this chapter. 
  1.24     (a) For the purposes of this subdivision, the term 
  1.25  "processing" includes: 
  2.1      (1) the distribution to applicants of forms provided by the 
  2.2   pollution control agency; 
  2.3      (2) the receipt and examination of completed application 
  2.4   forms, and the certification, in writing, to the pollution 
  2.5   control agency either that the animal lot facility for which a 
  2.6   permit is sought by an applicant will comply with applicable 
  2.7   rules and standards, or, if the facility will not comply, the 
  2.8   respects in which a variance would be required for the issuance 
  2.9   of a permit; and 
  2.10     (3) rendering to applicants, upon request, assistance 
  2.11  necessary for the proper completion of an application. 
  2.12     (b) For the purposes of this subdivision, the term 
  2.13  "processing" may include, at the option of the county board, 
  2.14  issuing, denying, modifying, imposing conditions upon, or 
  2.15  revoking permits pursuant to the provisions of this section or 
  2.16  rules promulgated pursuant to it, subject to review, suspension, 
  2.17  and reversal by the pollution control agency.  The pollution 
  2.18  control agency shall, after written notification, have 15 days 
  2.19  to review, suspend, modify, or reverse the issuance of the 
  2.20  permit.  After this period, the action of the county board is 
  2.21  final, subject to appeal as provided in chapter 14. 
  2.22     (c) For the purpose of administration of rules adopted 
  2.23  under this subdivision, the commissioner and the agency may 
  2.24  provide exceptions for cases where the owner of a feedlot has 
  2.25  specific written plans to close the feedlot within five years.  
  2.26  These exceptions include waiving requirements for major capital 
  2.27  improvements. 
  2.28     (d) For purposes of this subdivision, a discharge caused by 
  2.29  an extraordinary natural event such as a precipitation event of 
  2.30  greater magnitude than the 25-year, 24-hour event, tornado, or 
  2.31  flood in excess of the 100-year flood is not a "direct discharge 
  2.32  of pollutants." 
  2.33     (e) In adopting and enforcing rules under this subdivision, 
  2.34  the commissioner shall cooperate closely with other governmental 
  2.35  agencies. 
  2.36     (f) The pollution control agency shall work with the 
  3.1   Minnesota extension service, the department of agriculture, the 
  3.2   board of water and soil resources, producer groups, local units 
  3.3   of government, as well as with appropriate federal agencies such 
  3.4   as the Soil Conservation Service and the Agricultural 
  3.5   Stabilization and Conservation Service, to notify and educate 
  3.6   producers of rules under this subdivision at the time the rules 
  3.7   are being developed and adopted and at least every two years 
  3.8   thereafter. 
  3.9      (g) The pollution control agency shall adopt rules 
  3.10  governing the issuance and denial of permits for livestock 
  3.11  feedlots, poultry lots or other animal lots pursuant to this 
  3.12  section.  These rules apply both to permits issued by counties 
  3.13  and to permits issued by the pollution control agency directly. 
  3.14     (h) The pollution control agency shall exercise supervising 
  3.15  authority with respect to the processing of animal lot permit 
  3.16  applications by a county.