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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 235-H.F.No. 1621 
                  An act relating to the environment; modifying 
                  provisions relating to judicial review of agency 
                  decisions; modifying requirements for incinerator 
                  monitors; amending Minnesota Statutes 1998, sections 
                  115.05, subdivision 11; and 116.85, subdivision 3. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 115.05, 
        subdivision 11, is amended to read: 
           Subd. 11.  [JUDICIAL REVIEW.] Any person aggrieved by any 
        final decision for which judicial review is not provided in 
        chapter 14 of the agency or of the commissioner may obtain 
        judicial review thereof pursuant to sections 14.63 to 14.69 if 
        the final decision is made pursuant to the agency's or the 
        commissioner's authority under section 115A.914, this chapter, 
        chapter 116, or the rules adopted thereunder, and if the 
        decision is a final decision pertaining to: 
           (1) issuance, amendment, or denial of a permit, license, or 
        certification; 
           (2) granting or denial of a variance; 
           (3) issuance of an administrative order, except for an 
        administrative penalty order issued pursuant to section 116.072; 
        or 
           (4) denial of a contested case hearing on any of the 
        matters listed in clauses (1) to (3). 
           Sec. 2.  Minnesota Statutes 1998, section 116.85, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PERIODICALLY TESTED EMISSIONS.] Should, at any 
        time after normal startup, the permitted facility's periodically 
        tested emissions exceed permit requirements based on accurate 
        and valid emissions data, the facility shall immediately report 
        the exceedance to the commissioner, and the commissioner shall 
        direct the facility to commence appropriate modifications to the 
        facility to ensure its ability to meet permitted requirements 
        within 30 days, or to commence appropriate testing for a maximum 
        of 30 days to ensure compliance with applicable permit 
        limits shall undertake appropriate steps to ensure the 
        facility's compliance with permitted requirements, and shall 
        demonstrate compliance within 60 days of the initial report of 
        the exceedance.  If the commissioner determines that compliance 
        has not been achieved after 30 within 60 days, then the facility 
        shall shut down until compliance with permit requirements is 
        demonstrated based on additional testing. 
           Presented to the governor May 24, 1999 
           Signed by the governor May 25, 1999, 11:44 a.m.