1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
Engrossments | ||
---|---|---|
1st Engrossment | Posted on 08/14/1998 |
1.1 A bill for an act 1.2 relating to the environment; providing that no permits 1.3 may be issued for certain projects on the Mississippi 1.4 river; amending Minnesota Statutes 1994, section 1.5 116G.151; proposing coding for new law in Minnesota 1.6 Statutes, chapter 116G. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. [116G.141] [MISSISSIPPI RIVER CRITICAL AREA; 1.9 LEGISLATIVE FINDINGS.] 1.10 The legislature finds that the construction of a metal 1.11 materials shredding project with a processing capacity in excess 1.12 of 20,000 tons per month, located within the portion of the 1.13 Mississippi National River and Recreational Area that is within 1.14 the boundaries of the cities of Minneapolis and St. Paul is 1.15 inconsistent with: 1.16 (1) the designation of the Mississippi river critical area 1.17 in section 116G.15; and 1.18 (2) the public and private investment made within the 1.19 cities of Minneapolis and St. Paul to return Mississippi 1.20 riverfront lands to scenic, aesthetic, and recreational uses, 1.21 including investment in Boom Island Park, Nicollet Island, 1.22 Riverplace, St. Anthony Main, Hennepin Bluffs Park, Lower Gorge 1.23 Park, the Stone Arch Bridge, the Great River Road, the 1.24 Mississippi Riverfront Regional Park, Harriet Bishop children's 1.25 playground on Harriet Island, Lilydale Park, Warner Road/lower 1.26 landing reconstruction, lower West Side floodwall esplanade, and 2.1 Lowertown reinvestment. 2.2 The legislature further finds that, given the emission of 2.3 heavy metals and the addition to overall urban air pollution 2.4 problems caused by facilities that shred metal and the existence 2.5 of alternative technologies and sites, the importance of 2.6 maintaining and improving environmental and public health 2.7 quality in the urban portion of the Mississippi critical area is 2.8 inconsistent with constructing a metal shredding facility. 2.9 Sec. 2. Minnesota Statutes 1994, section 116G.151, is 2.10 amended to read: 2.11 116G.151 [REQUIRED ENVIRONMENTAL ASSESSMENT WORKSHEET;2.12 FACILITIES IN MISSISSIPPI RIVER AREA.] 2.13(a) Until completion of an environmental assessment2.14worksheet that complies with the rules of the environmental2.15quality board and this section,A state or local agency may not 2.16 issue a permit for construction or operation of a metal 2.17 materials shredding project with a processing capacity in excess 2.18 of 20,000 tons per month that would be located in the 2.19 Mississippi river critical area, as described in section 2.20 116G.15, upstream from United States Corps of Engineers Lock and 2.21 Dam NumberOneTwo. 2.22(b) The pollution control agency is the responsible2.23governmental unit for the preparation of an environmental2.24assessment worksheet required under this section.2.25(c) In addition to the contents required under law and2.26rule, an environmental assessment worksheet completed under this2.27section must also include the following major categories:2.28(1) effects of operation of the project, including2.29vibrations and airborne particulates and dust, on the2.30Mississippi river;2.31(2) effects of operation of the project, including2.32vibrations and airborne particulates and dust, on adjacent2.33businesses and on residents and neighborhoods;2.34(3) effects of operation of the project on barge and street2.35traffic;2.36(4) discussion of alternative sites considered by the3.1project proposer for the proposed project, possible design3.2modifications including site layout, and the magnitude of the3.3project;3.4(5) mitigation measures that could eliminate or minimize3.5any adverse environmental effects of the proposed project;3.6(6) impact of the proposed project on the housing, park,3.7and recreational use of the river;3.8(7) effects of waste and implication of the disposal of3.9waste generated from the proposed project;3.10(8) effects on water quality from the project operations,3.11including wastewater generated from operations of the proposed3.12project;3.13(9) potential effects from fugitive emissions, fumes, dust,3.14noise, and vibrations from project operations;3.15(10) compatibility of the existing operation and proposed3.16operation with other existing uses;3.17(11) the report of the expert required by paragraph (g).3.18(d) In addition to the publication and distribution3.19provisions relating to environmental assessment worksheets under3.20law and rule, notice of environmental assessment worksheets3.21performed by this section shall also be published in a newspaper3.22of general circulation as well as community newspapers in the3.23affected neighborhoods.3.24(e) A public meeting in the affected communities must be3.25held on the environmental assessment worksheet prepared under3.26this section. After the public meeting on the environmental3.27assessment worksheet, there must be an additional 30-day period3.28for review and comment on the environmental assessment worksheet.3.29(f) If the pollution control agency determines that3.30information necessary to make a reasonable decision about3.31potential of significant environmental impacts is insufficient,3.32the agency shall make a positive declaration and proceed with an3.33environmental impact statement.3.34(g) The pollution control agency shall retain an expert in3.35the field of toxicology who is capable of properly analyzing the3.36potential effects and content of any airborne particulates,4.1fugitive emissions, and dust that could be produced by a metal4.2materials shredding project. The pollution control agency shall4.3obtain any existing reports or documents from a governmental4.4entity or project proposer that analyzes or evaluates the4.5potential hazards of airborne particulates, fugitive emissions,4.6or dust from the construction or operation of a metal materials4.7shredding project in preparing the environmental assessment4.8worksheet. The agency and the expert shall prepare, as part of4.9the report, a risk assessment of the types of metals permitted4.10to be shredded as compared to the types of materials that are4.11likely to be processed at the facility. In performing the risk4.12assessment, the agency and the expert must consider any actual4.13experience at similar facilities. The report must be included4.14as part of the environmental assessment worksheet.4.15(h) If the pollution control agency determines that under4.16the rules of the environmental quality board an environmental4.17impact statement should be prepared, the pollution control4.18agency shall be the responsible governmental unit for4.19preparation of the environmental impact statement.