SF 2622

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to pollution control; providing for denial of 
  1.3             certain permits; appropriating money for feedlot 
  1.4             grants, assessments, and enforcement; proposing coding 
  1.5             for new law in Minnesota Statutes, chapter 116. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [116.0714] [DENIAL OF PERMIT APPLICATIONS.] 
  1.8      (a) The commissioner may reject an application for a permit 
  1.9   filed with the commissioner, including an application by a 
  1.10  concentrated swine feeding operation, upon making a specific 
  1.11  finding that: 
  1.12     (1) the applicant is unsuited or unqualified to perform the 
  1.13  obligations of a permit holder based upon a finding that the 
  1.14  applicant or any officer, director, partner, or resident general 
  1.15  manager of the facility for which application has been made: 
  1.16     (i) has intentionally misrepresented a material fact in 
  1.17  applying for a permit; 
  1.18     (ii) has been convicted of a felony or other crime 
  1.19  involving moral turpitude; 
  1.20     (iii) has habitually and intentionally violated 
  1.21  environmental laws of any state or the United States which have 
  1.22  caused significant and material environmental damage; 
  1.23     (iv) has had any permit revoked under the environmental 
  1.24  laws of any state or the United States; or 
  1.25     (v) has otherwise demonstrated through clear and convincing 
  2.1   evidence of previous actions that the applicant lacks the 
  2.2   necessary good character and competency to reliably carry out 
  2.3   the obligations imposed by law upon the permit holder; or 
  2.4      (2) the application substantially duplicates an application 
  2.5   by the same applicant denied within the past five years, which 
  2.6   denial has not been reversed by a court of competent 
  2.7   jurisdiction.  Nothing in this section prohibits an applicant 
  2.8   from submitting a new application for a permit previously denied 
  2.9   if the new application represents a good faith attempt by the 
  2.10  applicant to correct the deficiencies that served as the basis 
  2.11  for the denial in the original application.  
  2.12     (b) All applications filed with the commissioner must 
  2.13  include a certification, sworn to under oath and signed by the 
  2.14  applicant, that the applicant is not disqualified by reason of 
  2.15  this section from obtaining a permit.  In the absence of 
  2.16  evidence to the contrary, that certification constitutes a prima 
  2.17  facie showing of the suitability and qualification of the 
  2.18  applicant.  If at any point in the application review, 
  2.19  recommendation, or hearing process, the commissioner finds the 
  2.20  applicant has intentionally made any material misrepresentation 
  2.21  of fact in regard to this certification, consideration of the 
  2.22  application may be suspended and the application may be rejected 
  2.23  under this section. 
  2.24     (c) Rejection of an application under this section 
  2.25  constitutes final agency action upon that application and may be 
  2.26  appealed to a district court as provided for in statute. 
  2.27     Sec. 2.  [APPROPRIATIONS.] 
  2.28     Subdivision 1.  [GRANTS.] $10,000,000 is appropriated from 
  2.29  the general fund to the commissioner of agriculture for fiscal 
  2.30  year 1999 to provide grants to counties for grants to property 
  2.31  owners under Minnesota Statutes, section 17.117, for the purpose 
  2.32  of bringing existing feedlot operations into compliance with 
  2.33  state regulatory requirements. 
  2.34     Individual counties may elect to apply for and administer 
  2.35  the grants under the agricultural best management practices 
  2.36  program established in Minnesota Statutes, section 17.117.  The 
  3.1   commissioner shall review and rank allocation requests from 
  3.2   counties under the procedure and relevant criteria listed in 
  3.3   Minnesota Statutes, section 17.117.  Grants made under Minnesota 
  3.4   Statutes, section 17.117, with money appropriated under this 
  3.5   section must be used for site evaluation, design, installation, 
  3.6   repair, and replacement of existing feedlot operation facilities 
  3.7   only.  Notwithstanding the eligibility criteria in Minnesota 
  3.8   Statutes, section 17.117, subdivisions 1 and 4, paragraph (e), 
  3.9   any private landowner in a county may apply for a loan under 
  3.10  this section.  Counties receiving funds under this section must 
  3.11  use the funds to administer loan programs on a countywide basis. 
  3.12     Subd. 2.  [BEST MANAGEMENT PRACTICES.] $100,000 is 
  3.13  appropriated from the general fund to the commissioner of 
  3.14  agriculture for fiscal year 1999 to administer the agricultural 
  3.15  best management practices program established in Minnesota 
  3.16  Statutes, section 17.117. 
  3.17     Subd. 3.  [NEEDS ASSESSMENT.] $500,000 is appropriated from 
  3.18  the general fund to the commissioner of agriculture for fiscal 
  3.19  year 1999 to identify existing feedlot operations and complete a 
  3.20  needs assessment of the total cost of technical and financial 
  3.21  assistance required to bring those operations into compliance 
  3.22  with existing and any proposed state regulatory requirements.  
  3.23  All pork and dairy production operators shall register their 
  3.24  existing manure and wastewater facilities with the department of 
  3.25  agriculture prior to July 1, 1999.