HF 1367

as introduced - 88th Legislature (2013 - 2014) Posted on 03/07/2013 02:15pm

A bill for an act
relating to natural resources; providing for assistance to local governments for
regulation of silica sand projects; proposing coding for new law in Minnesota
Statutes, chapter 116.

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

Section 1.

new text begin [116.68] SILICA SAND LOCAL GOVERNMENT ASSISTANCE.
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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.
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new text begin (a) "Local government unit" means the local government responsible for zoning and
land use approvals for all or a portion of a silica sand project.
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new text begin (b) "Silica sand" means naturally existing high quartz level sand for several
industrial uses. Silica sand does not include common rock, stone, aggregate, gravel,
or sand with a low quartz level.
new text end

new text begin (c) "Silica sand project" means the excavation and mining of silica sand; the
washing, cleaning, screening, crushing, filtering, sorting, processing, 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 Subd. 2. new text end

new text begin Technical advisory council. new text end

new text begin (a) A Silica Sand Technical Advisory Council
is created to provide assistance to local governments to ensure the protection of human
health and the environment from silica sand projects.
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new text begin (b) The council is comprised of technical representatives from the Pollution Control
Agency and the Departments of Natural Resources, Health, and Transportation, appointed
by the respective commissioner of each agency. The appointees serve at the pleasure
of the appointing commissioner.
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new text begin (c) The commissioner of the Pollution Control Agency or the commissioner's
designee shall chair the council.
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new text begin (d) Each of the state agencies named under paragraph (b) shall provide staff support
as needed for the execution of council duties.
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new text begin (e) Notwithstanding section 15.059, subdivision 5, the council does not expire.
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new text begin Subd. 3. new text end

new text begin Model ordinances report. new text end

new text begin By October 1, 2013, the Silica Sand Technical
Advisory Council shall create a report on local government ordinances and local
government permits that have been approved for regulation of silica sand projects for
reference by local governments in developing local ordinances. The report shall include a
comparison of local ordinance and permit provisions related to:
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new text begin (1) mining operation and processing setbacks and setbacks from residences,
residential districts, streets, highways, bluffs, and the ordinary high water marks of
public waters;
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new text begin (2) standards for hours of operation;
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new text begin (3) groundwater and surface water monitoring and mitigation plan requirements,
including:
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new text begin (i) well sealing requirements;
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new text begin (ii) annual submission of monitoring well data; and
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new text begin (iii) storm water runoff rate limits;
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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) financial assurance requirements; and
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new text begin (11) reclamation plan requirements.
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new text begin Subd. 4. new text end

new text begin Council assistance. new text end

new text begin (a) A local government unit may request that the Silica
Sand Technical Advisory Council provide assistance and advice in evaluating a silica sand
project and developing proper conditions to be included in any local government approval
for a silica sand project to ensure the protection of human health and the environment.
The council may seek advice and assistance from others with additional expertise to help
the council in its work.
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new text begin (b) The council, if requested to do so by the local government unit, must make
technical findings regarding state laws and regulations applicable to the silica sand project
and recommendations for conditions that the local government unit should consider
incorporating into the local government approval for the project to protect human health
and the environment. The council must provide its findings to the local government unit
for consideration.
new text end

new text begin (c) When the council assembles findings or makes a recommendation for the
protection of human health and the environment, the local government unit must consider
the findings or recommendations of the council in its approval or denial of a silica sand
project. If the local government unit does not agree with the council's findings and
recommendations, the detailed reasons for the disagreement must be part of the local
government unit's record of decision.
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new text begin (d) Silica sand project proposers must cooperate in providing local government unit
staff and members of the council with information regarding the project.
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new text begin EFFECTIVE DATE. new text end

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