HF 3293

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to environment; requiring the Pollution Control Agency to analyze
cumulative pollution effects in an area prior to issuing a permit; amending
Minnesota Statutes 2006, section 116.07, subdivision 4a.

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

Section 1.

Minnesota Statutes 2006, section 116.07, subdivision 4a, is amended to read:

Subd. 4a.

Permits.

(a) The Pollution Control Agency may issue, continue in
effect or deny permits, under such conditions as it may prescribe for the prevention of
pollution, for the emission of air contaminants, or for the installation or operation of
any emission facility, air contaminant treatment facility, treatment facility, potential air
contaminant storage facility, or storage facility, or any part thereof, or for the sources
or emissions of noise pollution.

The Pollution Control Agency may also issue, continue in effect or deny permits,
under such conditions as it may prescribe for the prevention of pollution, for the storage,
collection, transportation, processing, or disposal of waste, or for the installation or
operation of any system or facility, or any part thereof, related to the storage, collection,
transportation, processing, or disposal of waste.

new text begin The agency may not issue a permit to a facility without analyzing and considering
the cumulative levels and effects of past and current environmental pollution from all
sources on the environment and residents of the geographic area within which the facility's
emissions are likely to be deposited, provided that the facility is located in a community in
a city of the first class in Hennepin County that meets all of the following conditions:
new text end

new text begin (1) is within a half mile of a site designated by the federal government as an EPA
superfund site due to residential arsenic contamination;
new text end

new text begin (2) a majority of the population are low-income persons of color and American
Indians;
new text end

new text begin (3) a disproportionate percent of the children have childhood lead poisoning, asthma,
or other environmentally related health problems;
new text end

new text begin (4) is located in a city that has experienced numerous air quality alert days of
dangerous air quality for sensitive populations between February 2007 and February
2008; and
new text end

new text begin (5) is located near the junctions of several heavily trafficked state and county
highways and two one-way streets which carry both truck and auto traffic.
new text end

The Pollution Control Agency may revoke or modify any permit issued under this
subdivision and section 116.081 whenever it is necessary, in the opinion of the agency, to
prevent or abate pollution.

(b) The Pollution Control Agency has the authority for approval over the siting,
expansion, or operation of a solid waste facility with regard to environmental issues.
However, the agency's issuance of a permit does not release the permittee from any
liability, penalty, or duty imposed by any applicable county ordinances. Nothing in this
chapter precludes, or shall be construed to preclude, a county from enforcing land use
controls, regulations, and ordinances existing at the time of the permit application and
adopted pursuant to sections 366.10 to 366.181, 394.21 to 394.37, or 462.351 to 462.365,
with regard to the siting, expansion, or operation of a solid waste facility.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end