Minnesota Session Laws - 1997, Regular Session

                            CHAPTER 158-H.F.No. 1409 
                  An act relating to agriculture; legislative review of 
                  feedlot permit rules; amending Minnesota Statutes 
                  1996, section 116.07, subdivision 7. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 116.07, 
        subdivision 7, is amended to read: 
           Subd. 7.  [COUNTIES; PROCESSING OF APPLICATIONS FOR ANIMAL 
        LOT PERMITS.] 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.  
           (a) 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. 
           (b) 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. 
           (c) 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. 
           (d) 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." 
           (e) In adopting and enforcing rules under this subdivision, 
        the commissioner shall cooperate closely with other governmental 
        agencies. 
           (f) 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 Soil Conservation Service and the Agricultural 
        Stabilization and Conservation Service, 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. 
           (g) 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.  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.  These rules apply 
        both to permits issued by counties and to permits issued by the 
        pollution control agency directly.  
           (h) The pollution control agency shall exercise supervising 
        authority with respect to the processing of animal lot permit 
        applications by a county. 
           (i) After the effective date of this section, any new rules 
        or amendments to existing rules proposed under the authority 
        granted in this subdivision, must be submitted to the members of 
        legislative policy 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.  
           Sec. 2.  [EFFECTIVE DATE.] 
           Section 1 is effective the day following final enactment. 
           Presented to the governor May 15, 1997 
           Became law without the governor's signature May 16, 1997