1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to the environment; modifying provisions 1.3 relating to judicial review of agency decisions; 1.4 modifying requirements for incinerator monitors; 1.5 amending Minnesota Statutes 1998, sections 115.05, 1.6 subdivision 11; and 116.85, subdivision 3. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. Minnesota Statutes 1998, section 115.05, 1.9 subdivision 11, is amended to read: 1.10 Subd. 11. [JUDICIAL REVIEW.] Any person aggrieved by any 1.11 final decision
for which judicial review is not provided in1.12 chapter 14of the agency or of the commissioner may obtain 1.13 judicial review thereof pursuant to sections 14.63 to 14.69 if 1.14 the final decision is made pursuant to the agency's or the 1.15 commissioner's authority under section 115A.914, this chapter, 1.16 chapter 116, or the rules adopted thereunder, and if the 1.17 decision is a final decision pertaining to: 1.18 (1) issuance, amendment, or denial of a permit, license, or 1.19 certification; 1.20 (2) granting or denial of a variance; 1.21 (3) issuance of an administrative order, except for an 1.22 administrative penalty order issued pursuant to section 116.072; 1.23 or 1.24 (4) denial of a contested case hearing on any of the 1.25 matters listed in clauses (1) to (3). 1.26 Sec. 2. Minnesota Statutes 1998, section 116.85, 2.1 subdivision 3, is amended to read: 2.2 Subd. 3. [PERIODICALLY TESTED EMISSIONS.] Should, at any 2.3 time after normal startup, the permitted facility's periodically 2.4 tested emissions exceed permit requirements based on accurate 2.5 and valid emissions data, the facility shall immediately report 2.6 the exceedance to the commissioner, and the commissioner shall2.7 direct the facility to commence appropriate modifications to the2.8 facility to ensure its ability to meet permitted requirements2.9 within 30 days, or to commence appropriate testing for a maximum2.10 of 30 days to ensure compliance with applicable permit2.11 limitsshall undertake appropriate steps to ensure the 2.12 facility's compliance with permitted requirements, and shall 2.13 demonstrate compliance within 60 days of the initial report of 2.14 the exceedance. If the commissioner determines that compliance 2.15 has not been achieved after 30within 60 days, then the facility 2.16 shall shut down until compliance with permit requirements is 2.17 demonstrated based on additional testing.