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 14of 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 limitsshall 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 30within 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.
Official Publication of the State of Minnesota
Revisor of Statutes