SF 1159

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

  1.1                          A bill for an act 
  1.2             relating to state government; requiring notice to the 
  1.3             commissioner of agriculture and certain other actions 
  1.4             before an agency adopts or repeals rules that affect 
  1.5             farming operations; amending Minnesota Statutes 1994, 
  1.6             sections 14.11, by adding a subdivision; and 116.07, 
  1.7             subdivision 4. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 14.11, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 3.  [FARMING OPERATIONS.] Before an agency adopts or 
  1.12  repeals rules that affect farming operations, the agency must: 
  1.13     (1) provide a copy of the proposed rule change and a 
  1.14  statement of the effect of the rule change on farming operations 
  1.15  to the commissioner of agriculture, no later than 45 days prior 
  1.16  to publication of the proposed rule in the State Register; and 
  1.17     (2) hold public meetings in agricultural areas of the state.
  1.18     The commissioner of agriculture shall review and provide 
  1.19  comments, in writing, on the agency's proposed rules.  The 
  1.20  commissioner's comments shall be part of the official rulemaking 
  1.21  record for the rule. 
  1.22     Sec. 2.  Minnesota Statutes 1994, section 116.07, 
  1.23  subdivision 4, is amended to read: 
  1.24     Subd. 4.  [RULES AND STANDARDS.] Pursuant and subject to 
  1.25  the provisions of chapter 14, and the provisions hereof, the 
  1.26  pollution control agency may adopt, amend and rescind rules and 
  2.1   standards having the force of law relating to any purpose within 
  2.2   the provisions of Laws 1967, chapter 882, for the prevention, 
  2.3   abatement, or control of air pollution.  Any such rule or 
  2.4   standard may be of general application throughout the state, or 
  2.5   may be limited as to times, places, circumstances, or conditions 
  2.6   in order to make due allowance for variations therein.  Without 
  2.7   limitation, rules or standards may relate to sources or 
  2.8   emissions of air contamination or air pollution, to the quality 
  2.9   or composition of such emissions, or to the quality of or 
  2.10  composition of the ambient air or outdoor atmosphere or to any 
  2.11  other matter relevant to the prevention, abatement, or control 
  2.12  of air pollution.  
  2.13     Pursuant and subject to the provisions of chapter 14, and 
  2.14  the provisions hereof, the pollution control agency may adopt, 
  2.15  amend, and rescind rules and standards having the force of law 
  2.16  relating to any purpose within the provisions of Laws 1969, 
  2.17  chapter 1046, for the collection, transportation, storage, 
  2.18  processing, and disposal of solid waste and the prevention, 
  2.19  abatement, or control of water, air, and land pollution which 
  2.20  may be related thereto, and the deposit in or on land of any 
  2.21  other material that may tend to cause pollution.  The agency 
  2.22  shall adopt such rules and standards for sewage sludge, 
  2.23  addressing the intrinsic suitability of land, the volume and 
  2.24  rate of application of sewage sludge of various degrees of 
  2.25  intrinsic hazard, design of facilities, and operation of 
  2.26  facilities and sites.  The agency shall promulgate emergency 
  2.27  rules for sewage sludge pursuant to sections 14.29 to 14.36.  
  2.28  Notwithstanding the provisions of sections 14.29 to 14.36, the 
  2.29  emergency rules shall be effective until permanent rules are 
  2.30  promulgated or March 1, 1982, whichever is earlier.  Any such 
  2.31  rule or standard may be of general application throughout the 
  2.32  state or may be limited as to times, places, circumstances, or 
  2.33  conditions in order to make due allowance for variations 
  2.34  therein.  Without limitation, rules or standards may relate to 
  2.35  collection, transportation, processing, disposal, equipment, 
  2.36  location, procedures, methods, systems or techniques or to any 
  3.1   other matter relevant to the prevention, abatement or control of 
  3.2   water, air, and land pollution which may be advised through the 
  3.3   control of collection, transportation, processing, and disposal 
  3.4   of solid waste and sewage sludge, and the deposit in or on land 
  3.5   of any other material that may tend to cause pollution.  By 
  3.6   January 1, 1983, the rules for the management of sewage sludge 
  3.7   shall include an analysis of the sewage sludge determined by the 
  3.8   commissioner of agriculture to be necessary to meet the soil 
  3.9   amendment labeling requirements of section 18C.215.  
  3.10     Pursuant and subject to the provisions of chapter 14, and 
  3.11  the provisions hereof, the pollution control agency may adopt, 
  3.12  amend and rescind rules and standards having the force of law 
  3.13  relating to any purpose within the provisions of Laws 1971, 
  3.14  chapter 727, for the prevention, abatement, or control of noise 
  3.15  pollution.  Any such rule or standard may be of general 
  3.16  application throughout the state, or may be limited as to times, 
  3.17  places, circumstances or conditions in order to make due 
  3.18  allowances for variations therein.  Without limitation, rules or 
  3.19  standards may relate to sources or emissions of noise or noise 
  3.20  pollution, to the quality or composition of noises in the 
  3.21  natural environment, or to any other matter relevant to the 
  3.22  prevention, abatement, or control of noise pollution. 
  3.23     As to any matters subject to this chapter, local units of 
  3.24  government may set emission regulations with respect to 
  3.25  stationary sources which are more stringent than those set by 
  3.26  the pollution control agency. 
  3.27     Pursuant to chapter 14, the pollution control agency may 
  3.28  adopt, amend, and rescind rules and standards having the force 
  3.29  of law relating to any purpose within the provisions of this 
  3.30  chapter for generators of hazardous waste, the management, 
  3.31  identification, labeling, classification, storage, collection, 
  3.32  treatment, transportation, processing, and disposal of hazardous 
  3.33  waste and the location of hazardous waste facilities.  A rule or 
  3.34  standard may be of general application throughout the state or 
  3.35  may be limited as to time, places, circumstances, or conditions. 
  3.36  In implementing its hazardous waste rules, the pollution control 
  4.1   agency shall give high priority to providing planning and 
  4.2   technical assistance to hazardous waste generators.  The agency 
  4.3   shall assist generators in investigating the availability and 
  4.4   feasibility of both interim and long-term hazardous waste 
  4.5   management methods.  The methods shall include waste reduction, 
  4.6   waste separation, waste processing, resource recovery, and 
  4.7   temporary storage. 
  4.8      The pollution control agency shall give highest priority in 
  4.9   the consideration of permits to authorize disposal of diseased 
  4.10  shade trees by open burning at designated sites to evidence 
  4.11  concerning economic costs of transportation and disposal of 
  4.12  diseased shade trees by alternative methods. 
  4.13     In addition to the provisions under section 14.115, before 
  4.14  the pollution control agency adopts or repeals rules that affect 
  4.15  farming operations, the agency must provide a copy of the 
  4.16  proposed rule change and a statement of the effect of the rule 
  4.17  change on farming operations to the commissioner of agriculture 
  4.18  for review and comment and hold public meetings in agricultural 
  4.19  areas of the state.