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HF 906

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2013 02:22pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to natural resources; requiring the development of silica sand and other
nonmetallic minerals mining model standards and criteria; establishing a silica
sand technical assistance team; proposing coding for new law in Minnesota
Statutes, chapter 116C.

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

Section 1.

new text begin [116C.99] SILICA SAND MINING MODEL STANDARDS AND
CRITERIA.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The definitions in this subdivision apply to this section.
new text end

new text begin (a) "Local unit of government" means a county, statutory or home rule charter city,
or town.
new text end

new text begin (b) "Mining" means excavating and mining silica sand or other nonmetallic minerals
by any process, including digging, excavating, mining, drilling, blasting, tunneling,
dredging, stripping, or shafting.
new text end

new text begin (c) "Nonmetallic mineral" means a product, commodity, or material consisting
principally of naturally occurring, organic or inorganic, nonmetallic, nonrenewable
material, including stone, sand, gravel, asbestos, beryl, diamond, clay, coal, feldspar,
peat, talc, and topsoil.
new text end

new text begin (d) "Processing" means washing, cleaning, screening, crushing, filtering, sorting,
processing, stockpiling, and storing silica sand or other nonmetallic minerals, either at the
mining site or at any other site.
new text end

new text begin (e) "Silica sand" means naturally existing high quartz level sand with a number of
uses, including hydraulic fracturing of shale for oil and gas production. Silica sand does
not include common rock, stone, aggregate, gravel, or sand with a low quartz level.
new text end

new text begin (f) "Transporting" means hauling and transporting silica sand or other nonmetallic
minerals, by any carrier:
new text end

new text begin (1) from the mining site to a processing or transfer site; or
new text end

new text begin (2) from a processing or storage site to a rail, barge, or transfer site for transporting
to destinations.
new text end

new text begin Subd. 2. new text end

new text begin Standards and criteria. new text end

new text begin By October 1, 2013, the Environmental Quality
Board shall develop model standards and criteria for mining, processing, and transporting
silica sand and other nonmetallic minerals to be used by local units of government in
developing local ordinances. The standards and criteria must include:
new text end

new text begin (1) mining operation and processing setbacks, including:
new text end

new text begin (i) setbacks no less than ... feet from any residence or residential zoning district
boundary;
new text end

new text begin (ii) setbacks no less than ... feet from any property line or within ... feet of the
right-of-way line of any existing or proposed street or highway;
new text end

new text begin (iii) setbacks no less than .... feet from ordinary high water levels of public waters; and
new text end

new text begin (iv) setbacks no less than .... feet from bluffs;
new text end

new text begin (2) standards for hours of operation;
new text end

new text begin (3) groundwater and surface water monitoring and mitigation plan requirements,
including:
new text end

new text begin (i) well sealing requirements;
new text end

new text begin (ii) annual submission of monitoring well data; and
new text end

new text begin (iii) storm water runoff rate limits not to exceed two-, ten-, and 100-year storm events;
new text end

new text begin (4) air monitoring and data submission requirements;
new text end

new text begin (5) dust control requirements;
new text end

new text begin (6) noise testing and mitigation plan requirements;
new text end

new text begin (7) blast monitoring plan requirements;
new text end

new text begin (8) lighting requirements;
new text end

new text begin (9) inspection requirements;
new text end

new text begin (10) financial assurance requirements; and
new text end

new text begin (11) reclamation plan requirements.
new text end

new text begin Subd. 3. new text end

new text begin Silica sand and nonmetallic minerals technical assistance team. new text end

new text begin By
October 1, 2013, the Environmental Quality Board shall assemble a silica sand technical
assistance team to provide local units of government with assistance with ordinance
development, zoning, environmental review and permitting, and other issues arising
from silica sand and other nonmetallic minerals mining and processing operations. The
technical assistance team shall be comprised of seven members, including one technical
representative from the Department of Natural Resources, one technical representative
from the Pollution Control Agency, one technical expert from the University of Minnesota
or the Minnesota State Colleges and Universities, and four other representatives with
expertise in one or more of the following areas: silica sand mining, hydrology, air quality,
water quality, land use, or other areas related to silica sand mining.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end