HF 2787

as introduced - 87th Legislature (2011 - 2012) Posted on 03/12/2012 01:54pm

A bill for an act
relating to environment; modifying permit requirements for certain feedlots;
amending Minnesota Statutes 2011 Supplement, section 116.07, subdivision 7c.

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

Section 1.

Minnesota Statutes 2011 Supplement, section 116.07, subdivision 7c,
is amended to read:

Subd. 7c.

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

(a) The agency
must issue national pollutant discharge elimination system permits for feedlots only as
required by federal law. The issuance of national pollutant discharge elimination system
permits for feedlots must be 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 in effect on January 1, 2010, must be
issued as an individual permit;

(2) an existing feedlot that is identified as a priority by the commissioner, using
criteria in effect on January 1, 2010, must be issued as an individual permit; and

(3) the agency must issue a general national pollutant discharge elimination system
permit, if required, 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) A feedlot owner may choose to apply for a national pollutant discharge
elimination system permit even if the feedlot is not required by federal law to have a
national pollutant discharge elimination system permit.

new text begin (e) The agency shall issue a state disposal system permit for a feedlot with a
capacity greater than 1,000 animal units that is not required by federal law to obtain a
national pollutant discharge elimination system permit. The term for the state disposal
system permit is ten years. The agency may charge an applicant a fee or fees totalling no
more than $250. A feedlot operator must complete an application for the state disposal
system permit on forms provided by the commissioner. The application is limited to
the following information:
new text end

new text begin (1) the names and addresses of the owners and the signature of at least one of the
owners;
new text end

new text begin (2) the legal name and business address of the facility, if different than the owner;
new text end

new text begin (3) the location of the facility by county, township, section, and quarter section;
new text end

new text begin (4) a list of all animal types and the maximum number of animals of each animal
type that can be confined within each lot, building, or area at the animal feedlot;
new text end

new text begin (5) a list of all existing and proposed manure storage areas;
new text end

new text begin (6) the total number of animal units that the facilities listed in clauses (4) and (5) will
be capable of holding after completing construction or expansion;
new text end

new text begin (7) the soil type or texture and depth to saturated soils at the facility as identified
in the United States Department of Agriculture Soil Survey Manual or a site-specific
soils investigation;
new text end

new text begin (8) an aerial photograph showing the location of all wells, buildings, surface tile
intakes, lakes, rivers, and watercourses within 1,000 feet of the proposed facility;
new text end

new text begin (9) the number of acres available for land application of manure;
new text end

new text begin (10) a manure management plan that meets the requirements in rules of the agency;
and
new text end

new text begin (11) if applicable, a description of all conditions that make the facility a pollution
hazard and a description of the corrective and protective measures proposed to correct
the pollution hazard.
new text end