HF 2659

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 11:32pm

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.

NPDES permitting requirements.

(a) The agency must issue national
pollutant discharge elimination system permits for feedlots with 1,000 animal units or
more deleted text begin and deleted text end that meet the definition of a "concentrated animal feeding operation" in Code of
Federal Regulations, title 40, section 122.23, new text begin and that discharge or propose to discharge,
as defined in section 115.01, subdivision 4, new text end 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 established under paragraph (d), must be
issued as an individual permit;

(2) after January 1, 2001, an existing feedlot that is identified as a priority by
the commissioner, using criteria established under paragraph (e) must be issued as an
individual permit; and

(3) the agency must issue a general national pollutant discharge elimination 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) 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.

(e) 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.

(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.

(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.

(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.