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Minnesota Legislature

Office of the Revisor of Statutes

HF 4478

as introduced - 90th Legislature (2017 - 2018) Posted on 05/08/2018 03:15pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to environment; requiring analysis of cumulative pollution when issuing
permits in certain areas; amending Minnesota Statutes 2016, section 116.07,
subdivision 4a.

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

Section 1.

Minnesota Statutes 2016, section 116.07, subdivision 4a, is amended to read:


Subd. 4a.

Permits.

(a) The new text begincommissioner of the new text endPollution Control Agency may issue,
continue in effect or deny permits, under such conditions as it may prescribe for the
prevention of pollution, for the emission of air contaminants, or for the installation or
operation of any emission facility, air contaminant treatment facility, treatment facility,
potential air contaminant storage facility, or storage facility, or any part thereof, or for the
sources or emissions of noise pollution.

new text begin (b) new text endThe deleted text beginPollution Control Agencydeleted text endnew text begin commissionernew text end may also issue, continue in effect or
deny permits, under such conditions as it may prescribe for the prevention of pollution, for
the storage, collection, transportation, processing, or disposal of waste, or for the installation
or operation of any system or facility, or any part thereof, related to the storage, collection,
transportation, processing, or disposal of waste.

new text begin (c) new text endThe deleted text beginagencydeleted text endnew text begin commissionernew text end may not issue a permit to a facility without analyzing and
considering the cumulative levels and effects of past and current environmental pollution
from all sources on the environment and residents of the geographic area within which the
facility's emissions are likely to be deposited, provided that the facility is located in a
community in a city of the first class in Hennepin County thatnew text begin:
new text end

new text begin (1) new text endmeets all deleted text beginofdeleted text end the following conditions:

deleted text begin (1)deleted text endnew text begin (i)new text end is within a half mile of a site designated by the federal government as an EPA
superfund site due to residential arsenic contamination;

deleted text begin (2)deleted text endnew text begin (ii)new text end a majority of the population are low-income persons of color and American
Indians;

deleted text begin (3)deleted text endnew text begin (iii)new text end a disproportionate percent of the children have childhood lead poisoning, asthma,
or other environmentally related health problems;

deleted text begin (4)deleted text endnew text begin (iv)new text end is located in a city that has experienced numerous air quality alert days of
dangerous air quality for sensitive populations between February 2007 and February 2008;
and

deleted text begin (5)deleted text endnew text begin (v)new text end is located near the junctions of several heavily trafficked state and county highways
and two one-way streets deleted text beginwhichdeleted text endnew text begin thatnew text end carry both truck and auto trafficdeleted text begin.deleted text endnew text begin; or
new text end

new text begin (2) meets all the following conditions:
new text end

new text begin (i) is located within a national river and recreational area between a federal interstate
highway and a river dividing the city;
new text end

new text begin (ii) is bordered by a regional park and a county state-aid highway that travels across a
bridge that opened in 1987 and crosses the river;
new text end

new text begin (iii) contains two air monitoring stations that are maintained by the agency and exceeded
the state air quality standard for total suspended particles in 2015, 2016, and 2017; and
new text end

new text begin (iv) contains more than 40 acres of land owned by the city.
new text end

new text begin (d) new text endThe deleted text beginPollution Control Agencydeleted text endnew text begin commissionernew text end may revoke or modify any permit issued
under this subdivision and section 116.081 whenever it is necessary, in the opinion of the
deleted text begin agencydeleted text endnew text begin commissionernew text end, to prevent or abate pollution.

deleted text begin (b)deleted text endnew text begin (e)new text end The deleted text beginPollution Control Agencydeleted text endnew text begin commissionernew text end has the authority for approval over
the siting, expansion, or operation of a solid waste facility with regard to environmental
issues. However, the deleted text beginagency'sdeleted text endnew text begin commissioner'snew text end issuance of a permit does not release the
permittee from any liability, penalty, or duty imposed by any applicable county ordinances.
Nothing in this chapter precludes, or shall be construed to preclude, a county from enforcing
land use controls, regulations, and ordinances existing at the time of the permit application
and adopted pursuant to sections 366.10 to 366.181, 394.21 to 394.37, or 462.351 to 462.365,
with regard to the siting, expansion, or operation of a solid waste facility.

deleted text begin (c)deleted text endnew text begin (f)new text end Except as prohibited by federal law, a person may commence construction,
reconstruction, replacement, or modification of any facility deleted text beginprior to the issuance ofdeleted text endnew text begin before
the commissioner issues
new text end a construction permit deleted text beginby the agencydeleted text end.