SF 776

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/06/2012 02:31pm

A bill for an act
relating to agriculture; clarifying the authority for regulating pesticide
applications to agricultural crops or forest floors; amending Minnesota Statutes
2010, sections 18B.03, subdivision 1; 115.03, by adding a subdivision; 116.07,
subdivision 7c; 116.0711, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2010, section 18B.03, subdivision 1, is amended to read:

Subdivision 1.

Administration by commissioner.

The commissioner shall
administer, implement, and enforce this chapter and the Department of Agriculture is
the lead state agency for the regulation of pesticides. new text begin The commissioner has the sole
regulatory authority over the application of pesticides to agricultural crops or forest floors.
A state agency other than the Department of Agriculture shall not regulate or require
permits for the application of pesticides to agricultural crops or forest floors.
new text end

Sec. 2.

Minnesota Statutes 2010, section 115.03, is amended by adding a subdivision to
read:

new text begin Subd. 11. new text end

new text begin Aquatic application of pesticides. new text end

new text begin (a) The agency may issue National
Pollutant Discharge Elimination System permits for pesticide applications to waters of the
United States that are required by federal law or rule. The agency shall not require permits
for aquatic pesticide applications beyond what is required by federal law or rule.
new text end

new text begin (b) The agency shall not regulate or require permits for the application of pesticides
to agricultural crops or forest floors.
new text end

Sec. 3.

Minnesota Statutes 2010, section 116.07, subdivision 7c, is amended to read:

Subd. 7c.

NPDES new text begin feedlot new text end permitting requirements new text begin ; general operation permits new text end .

(a) The agency must issue national pollutant discharge elimination system permits for
feedlots deleted text begin with 1,000 animal units or more and that meet the definition of a "concentrated
animal feeding operation" in Code of Federal Regulations, title 40, section 122.23, deleted text end new text begin only as
required by federal law. The issuance of national pollutant discharge elimination system
permits for feedlots must be new text end 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 deleted text begin established under paragraph (d) deleted text end new text begin in effect on
January 1, 2010 new text end , must be issued as an individual permit;

(2) deleted text begin after January 1, 2001, deleted text end an existing feedlot that is identified as a priority by the
commissioner, using criteria deleted text begin established under paragraph (e) deleted text end new text begin in effect on January 1, 2010, new text end
must be issued as an individual permit; and

(3) the agency must issue a general national pollutant discharge elimination system
permit new text begin , if required, new text end 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) deleted text begin The commissioner, in consultation with the Feedlot and Manure Management
Advisory Committee, created under section 17.136, and other interested parties must
develop criteria for determining whether an individual national pollutant discharge
elimination system permit is required under paragraph (a), clause (1). The criteria must
be based on proximity to waters of the state, facility design, and other site-specific
environmental factors. deleted text end new text begin The agency shall issue a general operation 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. A feedlot operator must
complete an application for the operating permit, on forms provided by the commissioner,
containing the following:
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

(e) deleted text begin The commissioner, in consultation with the Feedlot and Manure Management
Advisory Committee, created under section 17.136, and other interested parties must
develop criteria for determining whether an individual national pollutant discharge
elimination system permit is required for an existing animal feedlot, under paragraph (a),
clause (2). The criteria must be based on violations and other compliance problems at the
facility. deleted text end new text begin If federal law requires a feedlot to have a national pollutant discharge elimination
system permit, the commissioner shall issue a joint state disposal system and national
pollutant discharge elimination system permit for the feedlot.
new text end

(f) deleted text begin The commissioner, in consultation with the Feedlot and Manure Management
Advisory Committee, created under section 17.136, and other interested parties must
develop criteria for determining when an individual national pollutant discharge
elimination system permit is transferred from individual to general permit status. deleted text end new text begin If a
feedlot is required to have a federal new construction storm water permit and a national
pollutant discharge elimination system permit, the commissioner shall incorporate that
permit into a state disposal system permit or national pollutant discharge elimination
system permit required under this section.
new text end

(g) deleted text begin Notwithstanding the provisions in paragraph (a), until January 1, 2001, the
commissioner may issue an individual national pollutant discharge elimination system
permit for an animal feedlot. After the general permit is issued and the criteria under
paragraphs (d) and (e) are developed, individual permits issued pursuant to this paragraph
that do not fit the criteria for an individual permit under the applicable provisions of
paragraph (d) or (e) must be transferred to general permit status. deleted text end new text begin 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 end

deleted text begin (h) The commissioner, in consultation with the Feedlot and Manure Management
Advisory Committee, created under section 17.136, and other interested parties must
develop criteria for determining which feedlots are required to apply for and obtain a
national pollutant discharge elimination system permit and which feedlots are required to
apply for and obtain a state disposal system permit based upon the actual or potential to
discharge.
deleted text end

Sec. 4.

Minnesota Statutes 2010, section 116.0711, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Animal unit determinations. new text end

new text begin When making a determination on a permit
or taking any other regulatory action for a feedlot permit, the commissioner shall use the
maximum number of animal units actually confined at an animal feedlot instead of the
feedlot's estimated maximum capacity for animal unit confinement.
new text end