HF 2659

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/15/2010 01:25pm

A bill for an act
relating to environment; modifying requirements for discharge permit
requirements for feedlots; amending Minnesota Statutes 2008, section 116.07,
subdivision 7c.

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

Section 1.

Minnesota Statutes 2008, section 116.07, subdivision 7c, is amended to read:

Subd. 7c.

new text begin SDS and new text end NPDES new text begin feedlot new text end permitting requirements.

(a) The agency
must issue deleted text begin national pollutant discharge elimination deleted text end new text begin state disposal new text end system permits for
feedlots with 1,000 animal units or more and that meet the definition of a "concentrated
animal feeding operation" in Code of Federal Regulations, title 40, section 122.23, based
on the following:

(1) a permit for a newly constructed or expanded animal feedlot that is identified as a
priority by the commissioner, using criteria deleted text begin established under paragraph (d) deleted text end new text begin in effect on
January 1, 2010 new text end , must be issued as an individual permit;

(2) deleted text begin after January 1, 2001, deleted text end an existing feedlot that is identified as a priority by the
commissioner, using criteria deleted text begin established under paragraph (e) deleted text end new text begin in effect on January 1, 2010, new text end
must be issued as an individual permit; and

(3) the agency must issue a general deleted text begin national pollutant discharge elimination deleted text end new text begin state
disposal new text end system permit for animal feedlots that are not identified under clause (1) or (2).

(b) Prior to the issuance of a general national pollutant discharge elimination system
permit for a category of animal feedlot facility permittees, the agency must hold at least
one public hearing on the permit issuance.

(c) To the extent practicable, the agency must include a public notice and comment
period for an individual national pollutant discharge elimination system permit concurrent
with any public notice and comment for:

(1) the purpose of environmental review of the same facility under chapter 116D; or

(2) the purpose of obtaining a conditional use permit from a local unit of government
where the local government unit is the responsible governmental unit for purposes of
environmental review under chapter 116D.

(d) deleted text begin The commissioner, in consultation with the Feedlot and Manure Management
Advisory Committee, created under section 17.136, and other interested parties must
develop criteria for determining whether an individual national pollutant discharge
elimination system permit is required under paragraph (a), clause (1). The criteria must
be based on proximity to waters of the state, facility design, and other site-specific
environmental factors deleted text end new text begin If a feedlot is required to have a national pollutant discharge
elimination system permit under federal rules, the agency shall issue a joint state disposal
system and national pollutant discharge elimination system permit for the feedlot. A
feedlot may choose to apply for a national pollutant discharge elimination system permit
even if the feedlot is not required to have a national pollutant discharge elimination
system permit new text end .

(e) deleted text begin The commissioner, in consultation with the Feedlot and Manure Management
Advisory Committee, created under section 17.136, and other interested parties must
develop criteria for determining whether an individual national pollutant discharge
elimination system permit is required for an existing animal feedlot, under paragraph (a),
clause (2). The criteria must be based on violations and other compliance problems at the
facility deleted text end new text begin If a feedlot is required to have a federal new construction stormwater permit, the
commissioner shall incorporate that permit into a state disposal system permit or national
pollutant discharge elimination system permit required under this subdivision new text end .

deleted text begin (f) The commissioner, in consultation with the Feedlot and Manure Management
Advisory Committee, created under section 17.136, and other interested parties must
develop criteria for determining when an individual national pollutant discharge
elimination system permit is transferred from individual to general permit status.
deleted text end

deleted text begin (g) Notwithstanding the provisions in paragraph (a), until January 1, 2001, the
commissioner may issue an individual national pollutant discharge elimination system
permit for an animal feedlot. After the general permit is issued and the criteria under
paragraphs (d) and (e) are developed, individual permits issued pursuant to this paragraph
that do not fit the criteria for an individual permit under the applicable provisions of
paragraph (d) or (e) must be transferred to general permit status.
deleted text end

deleted text begin (h) The commissioner, in consultation with the Feedlot and Manure Management
Advisory Committee, created under section 17.136, and other interested parties must
develop criteria for determining which feedlots are required to apply for and obtain a
national pollutant discharge elimination system permit and which feedlots are required to
apply for and obtain a state disposal system permit based upon the actual or potential to
discharge. deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin Except for paragraph (a), clause (1), this section is effective
the day following final enactment. Paragraph (a), clause (1), is effective January 1, 2011.
new text end