SF 2311

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; providing a procedure for 
  1.3             the development of total maximum daily load reports; 
  1.4             proposing coding for new law in Minnesota Statutes, 
  1.5             chapter 103F. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [103F.790] [TOTAL MAXIMUM DAILY LOAD REPORT 
  1.8   PROCEDURE.] 
  1.9      Subdivision 1.  [DEFINITIONS.] (a) "Agency" means the 
  1.10  Pollution Control Agency. 
  1.11     (b) "Designated use" means the beneficial use for which 
  1.12  waters of the state have been classified by the agency. 
  1.13     (c) "Scientific review panel" means a panel established by 
  1.14  the agency to review TMDL reports that is composed of 
  1.15  disinterested individuals from educational, research, and 
  1.16  technical organizations who have expertise in the methods and 
  1.17  approaches used in the TMDL report. 
  1.18     (d) "Total maximum daily load" or "TMDL" means a 
  1.19  calculation of the maximum amount of a pollutant that may be 
  1.20  introduced into a surface water and still achieve applicable 
  1.21  water quality standards, and assure that designated uses for 
  1.22  that surface water are achieved and maintained. 
  1.23     (e) "TMDL report" means a document that establishes a 
  1.24  proposed TMDL for a pollutant for any impaired water and 
  1.25  includes a proposed allocation plan that is needed to comply 
  2.1   with the TMDL. 
  2.2      (f) "Waters of the state" has the meaning given in section 
  2.3   115.01, subdivision 22. 
  2.4      Subd. 2.  [REQUIREMENT.] Before submitting a TMDL report to 
  2.5   the United States Environmental Protection Agency, the agency 
  2.6   shall comply with the notice and procedure requirements of this 
  2.7   section.  If a contested case proceeding is not required for a 
  2.8   proposed TMDL report, the agency may submit the TMDL report to 
  2.9   the United States Environmental Protection Agency no earlier 
  2.10  than 30 days after the notice required in subdivision 3.  If a 
  2.11  contested case proceeding is required for a TMDL report, the 
  2.12  TMDL may be submitted to the United States Environmental 
  2.13  Protection Agency after the contested case proceeding and appeal 
  2.14  process is completed. 
  2.15     Subd. 3.  [TMDL REPORT NOTICE; CONTENTS.] The agency shall 
  2.16  give notice of its intention to submit a TMDL report to the 
  2.17  United States Environmental Protection Agency.  The notice must 
  2.18  be given by publication in the State Register and by United 
  2.19  States mail to persons who have registered their names with the 
  2.20  agency.  The notice must include either a copy of the proposed 
  2.21  TMDL report or an easily readable and understandable description 
  2.22  of its nature and effect and an announcement that a free copy of 
  2.23  the proposed TMDL report is available on request from the 
  2.24  agency.  In addition, the agency shall make reasonable efforts 
  2.25  to notify persons or classes of persons who may be significantly 
  2.26  affected by the TMDL report by giving notice of its intention in 
  2.27  newsletters, newspapers, or other publications, or through other 
  2.28  means of communication.  The notice must include a statement 
  2.29  advising the public: 
  2.30     (1) that the public has 30 days in which to submit comment 
  2.31  in support of or in opposition to the proposed TMDL report and 
  2.32  that comment is encouraged; 
  2.33     (2) that each comment should identify the portion of the 
  2.34  proposed TMDL report addressed, the reason for the comment, and 
  2.35  any change proposed; 
  2.36     (3) that if 25 or more persons who reside in an area 
  3.1   affected by the proposed TMDL report submit a written request 
  3.2   for a contested case proceeding within the 30-day comment 
  3.3   period, a contested case proceeding will be held; 
  3.4      (4) of the manner in which persons must request a contested 
  3.5   case proceeding on the proposed TMDL report; 
  3.6      (5) of the requirements contained in subdivision 5 relating 
  3.7   to a written request for a contested case proceeding, and that 
  3.8   the requester is encouraged to propose any change desired; and 
  3.9      (6) that the proposed TMDL report may be modified if the 
  3.10  modifications are supported by the data and views submitted. 
  3.11     In connection with the statements required in clauses (1) 
  3.12  and (3), the notice must also include the date on which the 
  3.13  30-day comment period ends. 
  3.14     Subd. 4.  [STATEMENT OF NEED AND REASONABLENESS.] (a) By 
  3.15  the date of the notice required in subdivision 3, the agency 
  3.16  must prepare, review, and make available for public review a 
  3.17  statement of the need for and reasonableness of the TMDL report. 
  3.18  The statement of need and reasonableness must include the 
  3.19  following to the extent the agency, through reasonable effort, 
  3.20  can ascertain this information: 
  3.21     (1) a description of the classes of persons who probably 
  3.22  will be affected by the proposed TMDL report, including classes 
  3.23  that will bear the costs of the proposed TMDL report and classes 
  3.24  that will benefit from the proposed TMDL report; 
  3.25     (2) the probable costs to the agency and to any other 
  3.26  agency of the implementation and enforcement of the proposed 
  3.27  TMDL report and any anticipated effect on state revenues; 
  3.28     (3) a determination of whether there are less costly 
  3.29  methods or less intrusive methods for achieving the purpose of 
  3.30  the proposed TMDL report; 
  3.31     (4) a description of any alternative methods for achieving 
  3.32  the purpose of the proposed TMDL report that were seriously 
  3.33  considered by the agency and the reasons why they were rejected 
  3.34  in favor of the proposed TMDL report; 
  3.35     (5) the probable costs of complying with the proposed TMDL 
  3.36  report; and 
  4.1      (6) an assessment of any differences between the proposed 
  4.2   TMDL report and existing federal regulations and a specific 
  4.3   analysis of the need for and reasonableness of each difference. 
  4.4      (b) The agency must send a copy of the proposed TMDL report 
  4.5   and the statement of need and reasonableness to the Legislative 
  4.6   Reference Library at the time that the notice is given under 
  4.7   subdivision 3. 
  4.8      (c) Nothing in this section shall be interpreted as 
  4.9   requiring the agency to adopt rules for TMDL plans. 
  4.10     Subd. 5.  [REQUESTS FOR CONTESTED CASE PROCEEDING.] (a) If, 
  4.11  during the 30-day period allowed for comment, 25 or more persons 
  4.12  who reside in an area affected by a proposed TMDL report submit 
  4.13  to the agency a written request for a contested case proceeding 
  4.14  of the proposed TMDL report, the agency shall proceed under the 
  4.15  provisions of sections 14.57 to 14.62.  The written request must 
  4.16  include:  (1) the name and address of the person requesting the 
  4.17  contested case proceeding; and (2) the portion or portions of 
  4.18  the TMDL report to which the person objects or a statement that 
  4.19  the person opposes the entire TMDL report.  A notice of the 
  4.20  contested case proceeding must be published in the State 
  4.21  Register and mailed to those persons who submitted a written 
  4.22  request for the contested case proceeding.  Unless the agency 
  4.23  has modified the proposed TMDL report, the notice need not 
  4.24  include the text of the proposed TMDL report. 
  4.25     (b) Before a contested case hearing is held, the agency 
  4.26  shall have the TMDL reviewed by a scientific review panel.  The 
  4.27  findings of the scientific review panel must be presented at the 
  4.28  contested case hearing and made part of the TMDL report record 
  4.29  submitted to the administrative law judge under section 14.60. 
  4.30     (c) A written request for a contested case proceeding that 
  4.31  does not comply with the requirements of this section is invalid 
  4.32  and may not be counted by the agency for the purpose of 
  4.33  determining whether a contested case proceeding must be held. 
  4.34     (d) If a request for a contested case proceeding has been 
  4.35  withdrawn so as to reduce the number of requests below 25, the 
  4.36  agency must give written notice of that fact to all persons who 
  5.1   have requested the contested case proceeding.  No contested case 
  5.2   proceeding may be canceled by an agency within three working 
  5.3   days of a contested case hearing.  The notice must explain why 
  5.4   the request is being withdrawn and must include a description of 
  5.5   any action the agency has taken or will take that affected or 
  5.6   may have affected the decision to withdraw the requests.  The 
  5.7   notice must also invite persons to submit written comments 
  5.8   within five working days to the agency relating to the 
  5.9   withdrawal.  The notice and any written comments received by the 
  5.10  agency are part of the TMDL report record submitted to the 
  5.11  administrative law judge under section 14.60.  This paragraph 
  5.12  applies only to a withdrawal of a hearing request that affects 
  5.13  whether a contested case proceeding must be held and only if the 
  5.14  agency has taken any action to obtain the withdrawal of the 
  5.15  proceeding request. 
  5.16     (e) Nothing in this section shall limit a person from 
  5.17  requesting a contested case proceeding after adoption of the 
  5.18  TMDL plan.