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HF 1296

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/23/2021 12:55pm

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

Bill Text Versions

Engrossments
Introduction Posted on 02/18/2021

Current Version - as introduced

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A bill for an act
relating to environment; repealing recent restrictions on spreading manure and
prohibiting future restrictions; amending Minnesota Statutes 2020, section 116.07,
subdivision 7.

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

Section 1.

Minnesota Statutes 2020, section 116.07, subdivision 7, is amended to read:


Subd. 7.

Counties; processing applications for animal lot permits.

(a) Any Minnesota
county board may, by resolution, with approval of the Pollution Control Agency, assume
responsibility for processing applications for permits required by the Pollution Control
Agency under this section for livestock feedlots, poultry lots or other animal lots. The
responsibility for permit application processing, if assumed by a county, may be delegated
by the county board to any appropriate county officer or employee.

(b) For the purposes of this subdivision, the term "processing" includes:

(1) the distribution to applicants of forms provided by the Pollution Control Agency;

(2) the receipt and examination of completed application forms, and the certification,
in writing, to the Pollution Control Agency either that the animal lot facility for which a
permit is sought by an applicant will comply with applicable rules and standards, or, if the
facility will not comply, the respects in which a variance would be required for the issuance
of a permit; and

(3) rendering to applicants, upon request, assistance necessary for the proper completion
of an application.

(c) For the purposes of this subdivision, the term "processing" may include, at the option
of the county board, issuing, denying, modifying, imposing conditions upon, or revoking
permits pursuant to the provisions of this section or rules promulgated pursuant to it, subject
to review, suspension, and reversal by the Pollution Control Agency. The Pollution Control
Agency shall, after written notification, have 15 days to review, suspend, modify, or reverse
the issuance of the permit. After this period, the action of the county board is final, subject
to appeal as provided in chapter 14. For permit applications filed after October 1, 2001,
section 15.99 applies to feedlot permits issued by the agency or a county pursuant to this
subdivision.

(d) For the purpose of administration of rules adopted under this subdivision, the
commissioner and the agency may provide exceptions for cases where the owner of a feedlot
has specific written plans to close the feedlot within five years. These exceptions include
waiving requirements for major capital improvements.

(e) For purposes of this subdivision, a discharge caused by an extraordinary natural event
such as a precipitation event of greater magnitude than the 25-year, 24-hour event, tornado,
or flood in excess of the 100-year flood is not a "direct discharge of pollutants."

(f) In adopting and enforcing rules under this subdivision, the commissioner shall
cooperate closely with other governmental agencies.

(g) The Pollution Control Agency shall work with the Minnesota Extension Service, the
Department of Agriculture, the Board of Water and Soil Resources, producer groups, local
units of government, as well as with appropriate federal agencies such as the Natural
Resources Conservation Service and the Farm Service Agency, to notify and educate
producers of rules under this subdivision at the time the rules are being developed and
adopted and at least every two years thereafter.

(h) The Pollution Control Agency shall adopt rules governing the issuance and denial
of permits for livestock feedlots, poultry lots or other animal lots pursuant to this section.
Pastures are exempt from the rules authorized under this paragraph. deleted text beginNo feedlot permit shall
include any terms or conditions that impose any requirements related to any pastures owned
or utilized by the feedlot operator other than restrictions under a manure management plan.
deleted text end
A feedlot permit is not required for livestock feedlots with more than ten but less than 50
animal units; provided they are not in shoreland areas. A livestock feedlot permit does not
become required solely because of a change in the ownership of the buildings, grounds, or
feedlot. These rules apply both to permits issued by counties and to permits issued by the
Pollution Control Agency directly.new text begin No feedlot permit shall include terms or conditions that:
new text end

new text begin (1) impose requirements related to pastures owned or used by the feedlot operator other
than restrictions under a manure management plan;
new text end

new text begin (2) prohibit application of manure during February and March;
new text end

new text begin (3) require establishing a cover crop as a condition of allowing application of manure
in September; or
new text end

new text begin (4) require implementing nitrogen best management practices as a condition of allowing
application of manure in October.
new text end

(i) The Pollution Control Agency shall exercise supervising authority with respect to
the processing of animal lot permit applications by a county.

(j) Any new rules or amendments to existing rules proposed under the authority granted
in this subdivision, or to implement new fees on animal feedlots, must be submitted to the
members of legislative policy and finance committees with jurisdiction over agriculture and
the environment prior to final adoption. The rules must not become effective until 90 days
after the proposed rules are submitted to the members.

(k) Until new rules are adopted that provide for plans for manure storage structures, any
plans for a liquid manure storage structure must be prepared or approved by a registered
professional engineer or a United States Department of Agriculture, Natural Resources
Conservation Service employee.

(l) A county may adopt by ordinance standards for animal feedlots that are more stringent
than standards in Pollution Control Agency rules.

(m) After January 1, 2001, a county that has not accepted delegation of the feedlot permit
program must hold a public meeting prior to the agency issuing a feedlot permit for a feedlot
facility with 300 or more animal units, unless another public meeting has been held with
regard to the feedlot facility to be permitted.

(n) After the proposed rules published in the State Register, volume 24, number 25, are
finally adopted, the agency may not impose additional conditions as a part of a feedlot
permit, unless specifically required by law or agreed to by the feedlot operator.

(o) For the purposes of feedlot permitting, a discharge from land-applied manure or a
manure stockpile that is managed according to agency rule must not be subject to a fine for
a discharge violation.

(p) For the purposes of feedlot permitting, manure that is land applied, or a manure
stockpile that is managed according to agency rule, must not be considered a discharge into
waters of the state, unless the discharge is to waters of the state, as defined by section
103G.005, subdivision 17, except type 1 or type 2 wetlands, as defined in section 103G.005,
subdivision 17b
, and does not meet discharge standards established for feedlots under agency
rule.

(q) Unless the upgrade is needed to correct an immediate public health threat under
section 145A.04, subdivision 8, or the facility is determined to be a concentrated animal
feeding operation under Code of Federal Regulations, title 40, section 122.23, in effect on
April 15, 2003, the agency may not require a feedlot operator:

(1) to spend more than $3,000 to upgrade an existing feedlot with less than 300 animal
units unless cost-share money is available to the feedlot operator for 75 percent of the cost
of the upgrade; or

(2) to spend more than $10,000 to upgrade an existing feedlot with between 300 and
500 animal units, unless cost-share money is available to the feedlot operator for 75 percent
of the cost of the upgrade or $50,000, whichever is less.

(r) A feedlot operator who stores and applies up to 100,000 gallons per calendar year of
private truck wash wastewater resulting from trucks that transport animals or supplies to
and from the feedlot does not require a permit to land-apply industrial by-products if the
feedlot operator stores and applies the wastewater in accordance with Pollution Control
Agency requirements for land applications of industrial by-product that do not require a
permit.

(s) A feedlot operator who holds a permit from the Pollution Control Agency to
land-apply industrial by-products from a private truck wash is not required to have a certified
land applicator apply the private truck wash wastewater if the wastewater is applied by the
feedlot operator to cropland owned or leased by the feedlot operator or by a commercial
animal waste technician licensed by the commissioner of agriculture under chapter 18C.
For purposes of this paragraph and paragraph (r), "private truck wash" means a truck washing
facility owned or leased, operated, and used only by a feedlot operator to wash trucks owned
or leased by the feedlot operator and used to transport animals or supplies to and from the
feedlot.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from February 1, 2021.
new text end

Sec. 2. new text beginAMENDING PERMITS TO CONFORM WITH ACT.
new text end

new text begin The commissioner of the Pollution Control Agency must, when necessary, amend all
general and individual permits for feedlots to conform with Minnesota Statutes, section
116.07, subdivision 7, paragraph (h), as amended by section 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from February 1, 2021.
new text end