HF 2857

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; permitting local 
  1.3             governments to exercise certain feedlot regulatory 
  1.4             authority; requiring the pollution control agency to 
  1.5             adopt rules; amending Minnesota Statutes 1995 
  1.6             Supplement, section 116.07, subdivision 7. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.9   116.07, subdivision 7, is amended to read: 
  1.10     Subd. 7.  [COUNTIES; PROCESSING OF APPLICATIONS FOR ANIMAL 
  1.11  LOT PERMITS.] (a) Any Minnesota county board may, by resolution, 
  1.12  with approval of the pollution control agency, assume 
  1.13  responsibility for processing applications for permits required 
  1.14  by the pollution control agency under this section for livestock 
  1.15  feedlots, poultry lots or other animal lots.  The responsibility 
  1.16  for permit application processing, if assumed by a county, may 
  1.17  be delegated by the county board to any appropriate county 
  1.18  officer or employee.  Nothing in this chapter precludes a county 
  1.19  or other local unit of government, without regard to whether the 
  1.20  local unit of government has assumed responsibility for 
  1.21  processing permits under this subdivision, from adopting 
  1.22  ordinances or making decisions on conditional use, building, or 
  1.23  other permits for animal lots issued by the local unit of 
  1.24  government, as long as the ordinance or permit decision is based 
  1.25  upon or contains standards that are no less stringent and are 
  1.26  not in conflict with this chapter.  Odor from animal lot 
  2.1   facilities that persists in a severe manner for longer than a 
  2.2   48-hour period and is a public nuisance may be addressed by 
  2.3   remedy of the county or local unit of government. 
  2.4      (a) (b) For the purposes of this subdivision, the term 
  2.5   "processing" includes: 
  2.6      (1) the distribution to applicants of forms provided by the 
  2.7   pollution control agency; 
  2.8      (2) the receipt and examination of completed application 
  2.9   forms, and the certification, in writing, to the pollution 
  2.10  control agency either that the animal lot facility for which a 
  2.11  permit is sought by an applicant will comply with applicable 
  2.12  rules and standards, or, if the facility will not comply, the 
  2.13  respects in which a variance would be required for the issuance 
  2.14  of a permit; and 
  2.15     (3) rendering to applicants, upon request, assistance 
  2.16  necessary for the proper completion of an application. 
  2.17     (b) (c) For the purposes of this subdivision, the term 
  2.18  "processing" may include, at the option of the county board, 
  2.19  issuing, denying, modifying, imposing conditions upon, or 
  2.20  revoking permits pursuant to the provisions of this section or 
  2.21  rules promulgated pursuant to it, subject to review, suspension, 
  2.22  and reversal by the pollution control agency.  The pollution 
  2.23  control agency shall, after written notification, have 15 days 
  2.24  to review, suspend, modify, or reverse the issuance of the 
  2.25  permit.  After this period, the action of the county board is 
  2.26  final, subject to appeal as provided in chapter 14. 
  2.27     (c) (d) For the purpose of administration of rules adopted 
  2.28  under this subdivision, the commissioner and the agency may 
  2.29  provide exceptions for cases where the owner of a feedlot has 
  2.30  specific written plans to close the feedlot within five years.  
  2.31  These exceptions include waiving requirements for major capital 
  2.32  improvements. 
  2.33     (d) (e) For purposes of this subdivision, a discharge 
  2.34  caused by an extraordinary natural event such as a precipitation 
  2.35  event of greater magnitude than the 25-year, 24-hour event, 
  2.36  tornado, or flood in excess of the 100-year flood is not a 
  3.1   "direct discharge of pollutants." 
  3.2      (e) (f) In adopting and enforcing rules under this 
  3.3   subdivision, the commissioner shall cooperate closely with other 
  3.4   governmental agencies. 
  3.5      (f) (g) The pollution control agency shall work with the 
  3.6   Minnesota extension service, the department of agriculture, the 
  3.7   board of water and soil resources, producer groups, local units 
  3.8   of government, as well as with appropriate federal agencies such 
  3.9   as the Soil Conservation Service and the Agricultural 
  3.10  Stabilization and Conservation Service, to notify and educate 
  3.11  producers of rules under this subdivision at the time the rules 
  3.12  are being developed and adopted and at least every two years 
  3.13  thereafter. 
  3.14     (g) (h) The pollution control agency shall adopt rules 
  3.15  governing the issuance and denial of permits for livestock 
  3.16  feedlots, poultry lots or other animal lots pursuant to this 
  3.17  section.  A permit may not be issued for an anaerobic lagoon 
  3.18  system that does not utilize the introduction of air to 
  3.19  decompose the waste.  A feedlot permit is not required for 
  3.20  livestock feedlots with more than ten but less than 50 animal 
  3.21  units; provided they are not in shoreland areas.  These rules 
  3.22  apply both to permits issued by counties and to permits issued 
  3.23  by the pollution control agency directly.  
  3.24     (h) (i) The pollution control agency shall exercise 
  3.25  supervising authority with respect to the processing of animal 
  3.26  lot permit applications by a county. 
  3.27     (j) The agency shall adopt rules requiring the operator or 
  3.28  owner of an animal lot facility to submit to the agency proof of 
  3.29  the operator's or owner's financial capability to provide 
  3.30  reasonable and necessary response during the operating life of 
  3.31  the facility for a minimum of 20 years after closure, and to 
  3.32  provide for the closure of the facility and postclosure care.  
  3.33  Proof of financial responsibility is required of the operator or 
  3.34  owner of a facility receiving an original permit or a permit for 
  3.35  expansion after the effective date of the rules.  Within 180 
  3.36  days of the effective date of the rules or by July 1, 1997, 
  4.1   whichever is later, proof of financial responsibility is 
  4.2   required of an operator or owner of a facility with a remaining 
  4.3   capacity of more than five years or 500,000 gallons that is in 
  4.4   operation on the effective date of the rules.  Compliance with 
  4.5   the rules is a condition of obtaining or retaining a permit to 
  4.6   operate the facility. 
  4.7      Sec. 2.  [APPROPRIATION.] 
  4.8      $200,000 is appropriated from the general fund to the 
  4.9   commissioner of the pollution control agency for the purposes of 
  4.10  section 1.