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SF 672

as introduced - 90th Legislature (2017 - 2018) Posted on 06/21/2017 11:31am

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

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Current Version - as introduced

A bill for an act
relating to environment; modifying public comment period requirements for draft
impaired waters list; providing process to challenge impaired waters lists; requiring
notice to publicly owned wastewater treatment facility applicants; amending
Minnesota Statutes 2016, section 114D.25, by adding a subdivision; proposing
coding for new law in Minnesota Statutes, chapter 115.

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

Section 1.

Minnesota Statutes 2016, section 114D.25, is amended by adding a subdivision
to read:


Subd. 6.

Impaired waters list; public notice and process.

The commissioner of the
Pollution Control Agency must allow at least 60 days for public comment after publishing
the draft impaired waters list required under the federal Clean Water Act. Publishing a draft
impaired waters list by the commissioner of the Pollution Control Agency is a final decision
of the agency for purposes of section 115.05 and is subject to the contested case procedures
of sections 14.57 to 14.62 in accordance with agency procedural rules. A person may petition
the agency to hold a contested case hearing on the draft impaired waters list. A valid basis
for challenging an impairment determination includes, but is not limited to, agency reliance
on data that:

(1) are more than five years old measured from the date the draft impaired waters list is
published;

(2) do not include data from within the previous two years measured from the date the
draft impaired waters list is published; or

(3) do not reflect recent significant infrastructure investments and documented pollutant
reductions.

Sec. 2.

[115.542] NOTICE REQUIREMENTS FOR PUBLICLY OWNED
WASTEWATER TREATMENT FACILITIES.

Subdivision 1.

Definitions.

For the purpose of this section, the following terms have
the meanings given:

(1) "permit" means a national pollutant discharge elimination system (NPDES) permit
or state disposal system (SDS) permit; and

(2) "permit applicant" means a person or entity submitting an application for a new
permit or renewal, modification, or revocation of an existing permit for a publicly owned
wastewater treatment facility.

Subd. 2.

Applicability.

This section applies to all draft permits and permits for publicly
owned wastewater treatment facilities for which the commissioner of the Pollution Control
Agency makes a preliminary determination whether to issue or deny.

Subd. 3.

Notice requirements.

The commissioner of the Pollution Control Agency must
provide a permit applicant with a copy of the draft permit and any fact sheets required by
agency rules at least 30 days before the distribution and public notice of the permit application
and preliminary determination.

Subd. 4.

Public comment period.

The commissioner must prepare and issue a public
notice of a completed application and the commissioner's preliminary determination as to
whether the permit should be issued or denied. The public comment period must be at least
60 days for permit applications under this section.

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