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2006 Minnesota Statutes

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116.07 POWERS AND DUTIES.
    Subdivision 1. Generally. In addition to any powers or duties otherwise prescribed by law
and without limiting the same, the Pollution Control Agency shall have the powers and duties
hereinafter specified.
    Subd. 2. Adoption of standards. The Pollution Control Agency shall improve air quality by
promoting, in the most practicable way possible, the use of energy sources and waste disposal
methods which produce or emit the least air contaminants consistent with the agency's overall
goal of reducing all forms of pollution. The agency shall also adopt standards of air quality,
including maximum allowable standards of emission of air contaminants from motor vehicles,
recognizing that due to variable factors, no single standard of purity of air is applicable to all areas
of the state. In adopting standards the Pollution Control Agency shall give due recognition to the
fact that the quantity or characteristics of air contaminants or the duration of their presence in the
atmosphere, which may cause air pollution in one area of the state, may cause less or not cause
any air pollution in another area of the state, and it shall take into consideration in this connection
such factors, including others which it may deem proper, as existing physical conditions, zoning
classifications, topography, prevailing wind directions and velocities, and the fact that a standard
of air quality which may be proper as to an essentially residential area of the state, may not be
proper as to a highly developed industrial area of the state. Such standards of air quality shall be
premised upon scientific knowledge of causes as well as effects based on technically substantiated
criteria and commonly accepted practices. No local government unit shall set standards of air
quality which are more stringent than those set by the Pollution Control Agency.
The Pollution Control Agency shall promote solid waste disposal control by encouraging
the updating of collection systems, elimination of open dumps, and improvements in incinerator
practices. The agency shall also adopt standards for the control of the collection, transportation,
storage, processing, and disposal of solid waste and sewage sludge for the prevention and
abatement of water, air, and land pollution, recognizing that due to variable factors, no single
standard of control is applicable to all areas of the state. In adopting standards, the Pollution
Control Agency shall give due recognition to the fact that elements of control which may be
reasonable and proper in densely populated areas of the state may be unreasonable and improper
in sparsely populated or remote areas of the state, and it shall take into consideration in this
connection such factors, including others which it may deem proper, as existing physical
conditions, topography, soils and geology, climate, transportation, and land use. Such standards of
control shall be premised on technical criteria and commonly accepted practices.
The Pollution Control Agency shall also adopt standards describing the maximum levels of
noise in terms of sound pressure level which may occur in the outdoor atmosphere, recognizing
that due to variable factors no single standard of sound pressure is applicable to all areas of
the state. Such standards shall give due consideration to such factors as the intensity of noises,
the types of noises, the frequency with which noises recur, the time period for which noises
continue, the times of day during which noises occur, and such other factors as could affect the
extent to which noises may be injurious to human health or welfare, animal or plant life, or
property, or could interfere unreasonably with the enjoyment of life or property. In adopting
standards, the Pollution Control Agency shall give due recognition to the fact that the quantity
or characteristics of noise or the duration of its presence in the outdoor atmosphere, which may
cause noise pollution in one area of the state, may cause less or not cause any noise pollution
in another area of the state, and it shall take into consideration in this connection such factors,
including others which it may deem proper, as existing physical conditions, zoning classifications,
topography, meteorological conditions and the fact that a standard which may be proper in an
essentially residential area of the state, may not be proper as to a highly developed industrial
area of the state. Such noise standards shall be premised upon scientific knowledge as well as
effects based on technically substantiated criteria and commonly accepted practices. No local
governing unit shall set standards describing the maximum levels of sound pressure which are
more stringent than those set by the Pollution Control Agency.
The Pollution Control Agency shall adopt standards for the identification of hazardous waste
and for the management, identification, labeling, classification, storage, collection, transportation,
processing, and disposal of hazardous waste, recognizing that due to variable factors, a single
standard of hazardous waste control may not be applicable to all areas of the state. In adopting
standards, the Pollution Control Agency shall recognize that elements of control which may be
reasonable and proper in densely populated areas of the state may be unreasonable and improper
in sparsely populated or remote areas of the state. The agency shall consider existing physical
conditions, topography, soils, and geology, climate, transportation and land use. Standards of
hazardous waste control shall be premised on technical knowledge, and commonly accepted
practices. Hazardous waste generator licenses may be issued for a term not to exceed five years.
No local government unit shall set standards of hazardous waste control which are in conflict or
inconsistent with those set by the Pollution Control Agency.
A person who generates less than 100 kilograms of hazardous waste per month is exempt
from the following agency hazardous waste rules:
(1) rules relating to transportation, manifesting, storage, and labeling for photographic fixer
and X-ray negative wastes that are hazardous solely because of silver content; and
(2) any rule requiring the generator to send to the agency or commissioner a copy of each
manifest for the transportation of hazardous waste for off-site treatment, storage, or disposal,
except that counties within the metropolitan area may require generators to provide manifests.
Nothing in this paragraph exempts the generator from the agency's rules relating to on-site
accumulation or outdoor storage. A political subdivision or other local unit of government may
not adopt management requirements that are more restrictive than this paragraph.
    Subd. 2a. Exemptions from standards. No standards adopted by any state agency for
limiting levels of noise in terms of sound pressure which may occur in the outdoor atmosphere
shall apply to (1) segments of trunk highways constructed with federal interstate substitution
money, provided that all reasonably available noise mitigation measures are employed to abate
noise, (2) an existing or newly constructed segment of a highway, provided that all reasonably
available noise mitigation measures, as approved by the commissioners of the Department of
Transportation and Pollution Control Agency, are employed to abate noise, (3) except for the
cities of Minneapolis and St. Paul, an existing or newly constructed segment of a road, street,
or highway under the jurisdiction of a road authority of a town, statutory or home rule charter
city, or county, except for roadways for which full control of access has been acquired, (4) skeet,
trap or shooting sports clubs, or (5) motor vehicle race events conducted at a facility specifically
designed for that purpose that was in operation on or before July 1, 1983. Nothing herein shall
prohibit a local unit of government or a public corporation with the power to make rules for
the government of its real property from regulating the location and operation of skeet, trap or
shooting sports clubs, or motor vehicle race events conducted at a facility specifically designed
for that purpose that was in operation on or before July 1, 1983.
    Subd. 2b. PCB waste; oil-filled electric equipment. (a) A person who generates waste
containing greater than 50 parts per million PCB which is subject to the federal requirements for
the management of waste under Code of Federal Regulations, title 40, part 761, is also subject to
state hazardous waste requirements for proper disposal, licensing, and fees. PCB small capacitors
and lighting ballasts are also subject to state on-site accumulation requirements.
(b) PCB waste associated with oil-filled electric equipment voluntarily disposed of or
retrofilled prior to the end of its service life is eligible for a waiver from annual hazardous waste
fees. To be eligible for the waiver, a generator and the commissioner must execute a voluntary PCB
phase-out agreement, and before relicensing, the generator must demonstrate performance of the
agreement. The PCB phase-out agreement must include a description of specific goals, activities
to be performed to achieve the goals, phase-out criteria, and a schedule for implementation.
(c) For the purpose of this subdivision, "PCB" has the meaning given in section 116.36.
    Subd. 3. Administrative rules. Pursuant and subject to the provisions of chapter 14, and the
provisions hereof, the Pollution Control Agency may adopt, amend, and rescind rules governing
its own administration and procedure and its staff and employees.
    Subd. 4. Rules and standards. Pursuant and subject to the provisions of chapter 14, and the
provisions hereof, the Pollution Control Agency may adopt, amend and rescind rules and standards
having the force of law relating to any purpose within the provisions of Laws 1967, chapter 882,
for the prevention, abatement, or control of air pollution. Any such rule or standard may be of
general application throughout the state, or may be limited as to times, places, circumstances,
or conditions in order to make due allowance for variations therein. Without limitation, rules or
standards may relate to sources or emissions of air contamination or air pollution, to the quality or
composition of such emissions, or to the quality of or composition of the ambient air or outdoor
atmosphere or to any other matter relevant to the prevention, abatement, or control of air pollution.
Pursuant and subject to the provisions of chapter 14, and the provisions hereof, the Pollution
Control Agency may adopt, amend, and rescind rules and standards having the force of law
relating to any purpose within the provisions of Laws 1969, chapter 1046, for the collection,
transportation, storage, processing, and disposal of solid waste and the prevention, abatement,
or control of water, air, and land pollution which may be related thereto, and the deposit in or
on land of any other material that may tend to cause pollution. The agency shall adopt such
rules and standards for sewage sludge, addressing the intrinsic suitability of land, the volume
and rate of application of sewage sludge of various degrees of intrinsic hazard, design of
facilities, and operation of facilities and sites. Any such rule or standard may be of general
application throughout the state or may be limited as to times, places, circumstances, or conditions
in order to make due allowance for variations therein. Without limitation, rules or standards
may relate to collection, transportation, processing, disposal, equipment, location, procedures,
methods, systems or techniques or to any other matter relevant to the prevention, abatement or
control of water, air, and land pollution which may be advised through the control of collection,
transportation, processing, and disposal of solid waste and sewage sludge, and the deposit in or on
land of any other material that may tend to cause pollution. By January 1, 1983, the rules for the
management of sewage sludge shall include an analysis of the sewage sludge determined by the
commissioner of agriculture to be necessary to meet the soil amendment labeling requirements
of section 18C.215.
Pursuant and subject to the provisions of chapter 14, and the provisions hereof, the Pollution
Control Agency may adopt, amend and rescind rules and standards having the force of law
relating to any purpose within the provisions of Laws 1971, chapter 727, for the prevention,
abatement, or control of noise pollution. Any such rule or standard may be of general application
throughout the state, or may be limited as to times, places, circumstances or conditions in order to
make due allowances for variations therein. Without limitation, rules or standards may relate to
sources or emissions of noise or noise pollution, to the quality or composition of noises in the
natural environment, or to any other matter relevant to the prevention, abatement, or control of
noise pollution.
As to any matters subject to this chapter, local units of government may set emission
regulations with respect to stationary sources which are more stringent than those set by the
Pollution Control Agency.
Pursuant to chapter 14, the Pollution Control Agency may adopt, amend, and rescind rules
and standards having the force of law relating to any purpose within the provisions of this chapter
for generators of hazardous waste, the management, identification, labeling, classification,
storage, collection, treatment, transportation, processing, and disposal of hazardous waste and the
location of hazardous waste facilities. A rule or standard may be of general application throughout
the state or may be limited as to time, places, circumstances, or conditions. In implementing its
hazardous waste rules, the Pollution Control Agency shall give high priority to providing planning
and technical assistance to hazardous waste generators. The agency shall assist generators
in investigating the availability and feasibility of both interim and long-term hazardous waste
management methods. The methods shall include waste reduction, waste separation, waste
processing, resource recovery, and temporary storage.
The Pollution Control Agency shall give highest priority in the consideration of permits
to authorize disposal of diseased shade trees by open burning at designated sites to evidence
concerning economic costs of transportation and disposal of diseased shade trees by alternative
methods.
    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.
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.
    Subd. 4b. Permits; hazardous waste facilities. (a) Except as otherwise provided in sections
115A.18 to 115A.30, the agency shall commence any environmental review required under
chapter 116D within 120 days of its acceptance of a completed permit application. The agency
shall respond to a permit application for a hazardous waste facility within 120 days following a
decision not to prepare environmental documents or following the acceptance of a negative
declaration notice or an environmental impact statement. Except as otherwise provided in sections
115A.18 to 115A.30, within 60 days following the submission of a final permit application for a
hazardous waste facility, unless a time extension is agreed to by the applicant, the agency shall
issue or deny all permits needed for the construction of the proposed facility.
(b) The agency shall promulgate rules pursuant to chapter 14 for all hazardous waste
facilities. The rules shall require:
(1) contingency plans for all hazardous waste facilities which provide for effective
containment and control in any emergency condition;
(2) the establishment of a mechanism to assure that money to cover the costs of closure and
postclosure monitoring and maintenance of hazardous waste facilities will be available;
(3) the maintenance of liability insurance by the owner or operator of hazardous waste
facilities during the operating life of the facility.
    Subd. 4c.[Repealed, 1983 c 373 s 72]
    Subd. 4d. Permit fees. (a) The agency may collect permit fees in amounts not greater
than those necessary to cover the reasonable costs of developing, reviewing, and acting
upon applications for agency permits and implementing and enforcing the conditions of the
permits pursuant to agency rules. Permit fees shall not include the costs of litigation. The fee
schedule must reflect reasonable and routine direct and indirect costs associated with permitting,
implementation, and enforcement. The agency may impose an additional enforcement fee to be
collected for a period of up to two years to cover the reasonable costs of implementing and
enforcing the conditions of a permit under the rules of the agency. Any money collected under
this paragraph shall be deposited in the environmental fund.
(b) Notwithstanding paragraph (a), the agency shall collect an annual fee from the owner or
operator of all stationary sources, emission facilities, emissions units, air contaminant treatment
facilities, treatment facilities, potential air contaminant storage facilities, or storage facilities
subject to the requirement to obtain a permit under subchapter V of the federal Clean Air Act,
United States Code, title 42, section 7401 et seq., or section 116.081. The annual fee shall be used
to pay for all direct and indirect reasonable costs, including attorney general costs, required to
develop and administer the permit program requirements of subchapter V of the federal Clean
Air Act, United States Code, title 42, section 7401 et seq., and sections of this chapter and the
rules adopted under this chapter related to air contamination and noise. Those costs include
the reasonable costs of reviewing and acting upon an application for a permit; implementing
and enforcing statutes, rules, and the terms and conditions of a permit; emissions, ambient,
and deposition monitoring; preparing generally applicable regulations; responding to federal
guidance; modeling, analyses, and demonstrations; preparing inventories and tracking emissions;
and providing information to the public about these activities.
(c) The agency shall set fees that:
(1) will result in the collection, in the aggregate, from the sources listed in paragraph (b),
of an amount not less than $25 per ton of each volatile organic compound; pollutant regulated
under United States Code, title 42, section 7411 or 7412 (section 111 or 112 of the federal Clean
Air Act); and each pollutant, except carbon monoxide, for which a national primary ambient air
quality standard has been promulgated;
(2) may result in the collection, in the aggregate, from the sources listed in paragraph (b),
of an amount not less than $25 per ton of each pollutant not listed in clause (1) that is regulated
under this chapter or air quality rules adopted under this chapter; and
(3) shall collect, in the aggregate, from the sources listed in paragraph (b), the amount
needed to match grant funds received by the state under United States Code, title 42, section
7405 (section 105 of the federal Clean Air Act).
The agency must not include in the calculation of the aggregate amount to be collected under
clauses (1) and (2) any amount in excess of 4,000 tons per year of each air pollutant from a source.
The increase in air permit fees to match federal grant funds shall be a surcharge on existing fees.
The commissioner may not collect the surcharge after the grant funds become unavailable. In
addition, the commissioner shall use nonfee funds to the extent practical to match the grant
funds so that the fee surcharge is minimized.
(d) To cover the reasonable costs described in paragraph (b), the agency shall provide in the
rules promulgated under paragraph (c) for an increase in the fee collected in each year by the
percentage, if any, by which the Consumer Price Index for the most recent calendar year ending
before the beginning of the year the fee is collected exceeds the Consumer Price Index for the
calendar year 1989. For purposes of this paragraph the Consumer Price Index for any calendar
year is the average of the Consumer Price Index for all-urban consumers published by the United
States Department of Labor, as of the close of the 12-month period ending on August 31 of
each calendar year. The revision of the Consumer Price Index that is most consistent with the
Consumer Price Index for calendar year 1989 shall be used.
(e) Any money collected under paragraphs (b) to (d) must be deposited in the environmental
fund and must be used solely for the activities listed in paragraph (b).
(f) Persons who wish to construct or expand a facility may offer to reimburse the agency
for the costs of staff overtime or consultant services needed to expedite permit review. The
reimbursement shall be in addition to fees imposed by law. When the agency determines that it
needs additional resources to review the permit application in an expedited manner, and that
expediting the review would not disrupt permitting program priorities, the agency may accept the
reimbursement. Reimbursements accepted by the agency are appropriated to the agency for the
purpose of reviewing the permit application. Reimbursement by a permit applicant shall precede
and not be contingent upon issuance of a permit and shall not affect the agency's decision on
whether to issue or deny a permit, what conditions are included in a permit, or the application of
state and federal statutes and rules governing permit determinations.
(g) The fees under this subdivision are exempt from section 16A.1285.
    Subd. 4e. Hazardous waste processing facilities; agreements; financial responsibility.
When the agency issues a permit for a facility for the processing of hazardous waste, the agency
may approve as a condition of the permit an agreement by which the permittee indemnifies the
generators of hazardous waste accepted by the facility for part or all of any liability which may
accrue to the generators as a result of a release or threatened release of a hazardous waste from
the facility. The agency may approve an agreement under this subdivision only if the agency
determines that the permittee has demonstrated financial responsibility to carry out the agreement
during the term of the permit. If a generator of hazardous waste accepted by a permitted
processing facility is held liable for costs or damages arising out of a release of a hazardous waste
from the facility, and the permittee is subject to an agreement approved under this subdivision, the
generator is liable to the extent that the costs or damages were not paid under this agreement.
    Subd. 4f. Closure and postclosure responsibility and liability. An operator or owner of a
facility is responsible for closure of the facility and postclosure care relating to the facility. If an
owner or operator has failed to provide the required closure or postclosure care of the facility
the agency may take the actions. The owner or operator is liable for the costs of the required
closure and postclosure care taken by the agency.
    Subd. 4g. Closure and postclosure rules. The agency shall adopt rules establishing
requirements for the closure of solid waste disposal facilities and for the postclosure care of closed
facilities. The rules apply to all solid waste disposal facilities in operation at the time the rules are
effective. The rules must provide standards and procedures for closing disposal facilities and for
the care, maintenance, and monitoring of the facilities after closure that will prevent, mitigate, or
minimize the threat to public health and the environment posed by closed disposal facilities.
    Subd. 4h. Financial responsibility rules. (a) The agency shall adopt rules requiring the
operator or owner of a solid waste disposal facility to submit to the agency proof of the operator's
or owner's financial capability to provide reasonable and necessary response during the operating
life of the facility and for 30 years after closure for a mixed municipal solid waste disposal
facility or for a minimum of 20 years after closure, as determined by agency rules, for any other
solid waste disposal facility, and to provide for the closure of the facility and postclosure care
required under agency rules. Proof of financial responsibility is required of the operator or owner
of a facility receiving an original permit or a permit for expansion after adoption of the rules.
Within 180 days of the effective date of the rules or by July 1, 1987, whichever is later, proof
of financial responsibility is required of an operator or owner of a facility with a remaining
capacity of more than five years or 500,000 cubic yards that is in operation at the time the rules
are adopted. Compliance with the rules and the requirements of paragraph (b) is a condition of
obtaining or retaining a permit to operate the facility.
(b) A municipality, as defined in section 475.51, subdivision 2, including a sanitary district,
that owns or operates a solid waste disposal facility that was in operation on May 15, 1989,
may meet its financial responsibility for all or a portion of the contingency action portion of
the reasonable and necessary response costs at the facility by pledging its full faith and credit
to meet its responsibility.
The pledge must be made in accordance with the requirements in chapter 475 for issuing
bonds of the municipality, and the following additional requirements:
(1) The governing body of the municipality shall enact an ordinance that clearly accepts
responsibility for the costs of contingency action at the facility and that reserves, during the
operating life of the facility and for the time period required in paragraph (a) after closure, a
portion of the debt limit of the municipality, as established under section 475.53 or other law, that
is equal to the total contingency action costs.
(2) The municipality shall require that all collectors that haul to the facility implement a plan
for reducing solid waste by using volume-based pricing, recycling incentives, or other means.
(3) When a municipality opts to meet a portion of its financial responsibility by relying on its
authority to issue bonds, it shall also begin setting aside in a dedicated long-term care trust fund
money that will cover a portion of the potential contingency action costs at the facility, the amount
to be determined by the agency for each facility based on at least the amount of waste deposited in
the disposal facility each year, and the likelihood and potential timing of conditions arising at the
facility that will necessitate response action. The agency may not require a municipality to set
aside more than five percent of the total cost in a single year.
(4) A municipality shall have and consistently maintain an investment grade bond rating as a
condition of using bonding authority to meet financial responsibility under this section.
(5) The municipality shall file with the commissioner of revenue its consent to have
the amount of its contingency action costs deducted from state aid payments otherwise due
the municipality and paid instead to the remediation fund created in section 116.155, if the
municipality fails to conduct the contingency action at the facility when ordered by the agency.
If the agency notifies the commissioner that the municipality has failed to conduct contingency
action when ordered by the agency, the commissioner shall deduct the amounts indicated by the
agency from the state aids in accordance with the consent filed with the commissioner.
(6) The municipality shall file with the agency written proof that it has complied with the
requirements of paragraph (b).
(c) The method for proving financial responsibility under paragraph (b) may not be applied
to a new solid waste disposal facility or to expansion of an existing facility, unless the expansion
is a vertical expansion. Vertical expansions of qualifying existing facilities cannot be permitted
for a duration of longer than three years.
    Subd. 4i. Civil penalties. The civil penalties of sections 115.071 and 116.072 apply to any
person in violation of the rules adopted under subdivision 4g or 4h.
    Subd. 4j. Permits; solid waste facilities. (a) The agency may not issue a permit for new or
additional capacity for a mixed municipal solid waste resource recovery or disposal facility as
defined in section 115A.03 unless each county using or projected in the permit to use the facility
has in place a solid waste management plan approved under section 115A.46 or 473.803 and
amended as required by section 115A.96, subdivision 6. The agency shall issue the permit only if
the capacity of the facility is consistent with the needs for resource recovery or disposal capacity
identified in the approved plan or plans. Consistency must be determined by the Pollution Control
Agency. Plans approved before January 1, 1990, need not be revised if the capacity sought in the
permit is consistent with the approved plan or plans.
(b) The agency shall require as part of the permit application for a waste incineration
facility identification of preliminary plans for ash management and ash leachate treatment or ash
utilization. The permit issued by the agency must include requirements for ash management
and ash leachate treatment.
(c) Within 30 days of receipt by the agency of a permit application for a solid waste facility,
the commissioner shall notify the applicant in writing whether the application is complete and if
not, what items are needed to make it complete, and shall give an estimate of the time it will take
to process the application. Within 180 days of receipt of a completed application, the agency shall
approve, disapprove, or delay decision on the application, with reasons for the delay, in writing.
    Subd. 4k. Household hazardous waste and other problem materials management. (a)
The agency shall adopt rules to require the owner or operator of a solid waste disposal facility or
resource recovery facility to submit to the agency and to each county using or projected to use the
facility a management plan for the separation of household hazardous waste and other problem
materials from solid waste prior to disposal or processing and for the proper management of the
waste. The rules must require that the plan be developed in coordination with each county using,
or projected to use, the facility. The plan must not be inconsistent with the plan developed under
section 115A.956, subdivision 2, and must include:
(1) identification of materials that are problem materials, as defined in section 115A.03,
subdivision 24a
, for the facility;
(2) participation in public education activities on management of household hazardous waste
and other problem materials in the facility's service area;
(3) a strategy for reduction of household hazardous waste and other problem materials
entering the facility; and
(4) a plan for the storage and proper management of separated household hazardous waste
and other problem materials.
(b) By September 30, 1992, the owner or operator of a facility shall implement the elements
of the plan required in paragraph (a) relating to household hazardous waste management. After
that date, the agency may not grant or renew a permit for a facility until the agency has:
(1) reviewed the elements of the facility's plan relating to household hazardous waste
management;
(2) directed the applicant or permittee to make changes to these elements as necessary to
comply with the plan requirements under paragraph (a); and
(3) included a requirement to implement the elements as a condition of the issued or renewed
permit.
(c) By September 30, 1993, the owner or operator of a facility shall implement the elements
of the plan required in paragraph (a) relating to problem materials management. After that date,
the agency may not grant or renew a permit for a facility until the agency has:
(1) reviewed the elements of the facility's plan relating to problem materials management;
(2) directed the applicant or permittee to make changes to these elements as necessary to
comply with the plan requirements under paragraph (a); and
(3) included a requirement to implement the elements as a condition of the issued or renewed
permit.
    Subd. 5. Variances. The Pollution Control Agency may grant variances from its rules as
provided in section 14.05, subdivision 4, in order to avoid undue hardship and to promote the
effective and reasonable application and enforcement of laws, rules, and standards for prevention,
abatement and control of water, air, noise, and land pollution. The variance rules shall provide for
notice and opportunity for hearing before a variance is granted.
A local government unit authorized by contract with the Pollution Control Agency pursuant
to section 116.05 to exercise administrative powers under this chapter may grant variances after
notice and public hearing from any ordinance, rule, or standard for prevention, abatement, or
control of water, air, noise and land pollution, adopted pursuant to said administrative powers and
under the provisions of this chapter.
    Subd. 6. Pollution Control Agency; exercise of powers. In exercising all its powers
the Pollution Control Agency shall give due consideration to the establishment, maintenance,
operation and expansion of business, commerce, trade, industry, traffic, and other economic
factors and other material matters affecting the feasibility and practicability of any proposed
action, including, but not limited to, the burden on a municipality of any tax which may result
therefrom, and shall take or provide for such action as may be reasonable, feasible, and practical
under the circumstances.
    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. 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.
(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 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.
(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. Pastures
are exempt from the rules authorized under this paragraph. 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.
(h) The Pollution Control Agency shall exercise supervising authority with respect to the
processing of animal lot permit applications by a county.
(i) 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.
(j) 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.
(k) A county may adopt by ordinance standards for animal feedlots that are more stringent
than standards in Pollution Control Agency rules.
(l) 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.
(m) 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.
(n) 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.
(o) 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.
(p) 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.
(q) For the purposes of this section, "pastures" means areas, including winter feeding areas
as part of a grazing area, where grass or other growing plants are used for grazing and where the
concentration of animals allows a vegetative cover to be maintained during the growing season
except that vegetative cover is not required:
(1) in the immediate vicinity of supplemental feeding or watering devices;
(2) in associated corrals and chutes where livestock are gathered for the purpose of sorting,
veterinary services, loading and unloading trucks and trailers, and other necessary activities
related to good animal husbandry practices; and
(3) in associated livestock access lanes used to convey livestock to and from areas of the
pasture.
    Subd. 7a. Notice of application for livestock feedlot permit. (a) A person who applies to
the Pollution Control Agency or a county board for a permit to construct or expand a feedlot with
a capacity of 500 animal units or more shall, not less than 20 business days before the date on
which a permit is issued, provide notice to each resident and each owner of real property within
5,000 feet of the perimeter of the proposed feedlot. The notice may be delivered by first class
mail, in person, or by the publication in a newspaper of general circulation within the affected area
and must include information on the type of livestock and the proposed capacity of the feedlot.
Notification under this subdivision is satisfied under an equal or greater notification requirement
of a county or town permit process. A person must also send a copy of the notice by first class
mail to the clerk of the town in which the feedlot is proposed not less than 20 business days
before the date on which a permit is issued.
(b) The agency or a county board must verify that notice was provided as required under
paragraph (a) prior to issuing a permit.
    Subd. 7b. Feedlot inventory notification and public meeting requirements. (a) Any state
agency or local government unit conducting an inventory or survey of livestock feedlots under its
jurisdiction must publicize notice of the inventory in a newspaper of general circulation in the
affected area and in other media as appropriate. The notice must state the dates the inventory will
be conducted, the information that will be requested in the inventory, and how the information
collected will be provided to the public. The notice must also specify the date for a public meeting
to provide information regarding the inventory.
(b) A local government unit conducting an inventory or survey of livestock feedlots under
its jurisdiction must hold at least one public meeting within the boundaries of the jurisdiction
of the local unit of government, prior to beginning the inventory. A state agency conducting a
survey of livestock feedlots must hold at least four public meetings outside of the seven-county
Twin Cities metropolitan area, prior to beginning the inventory. The public meeting must provide
information concerning the dates the inventory will be conducted, the procedure the agency or
local unit of government will use to request the information to be included in the inventory, and
how the information collected will be provided to the public.
    Subd. 7c. NPDES permitting requirements. (a) The agency must issue national pollutant
discharge elimination system permits for feedlots with 1,000 animal units or more and that meet
the definition of a "concentrated animal feeding operation" in Code of Federal Regulations, title
40, section 122.23, based on the following:
(1) a permit for a newly constructed or expanded animal feedlot that is identified as a
priority by the commissioner, using criteria established under paragraph (d), must be issued as
an individual permit;
(2) after January 1, 2001, an existing feedlot that is identified as a priority by the
commissioner, using criteria established under paragraph (e) must be issued as an individual
permit; and
(3) the agency must issue a general national pollutant discharge elimination system permit
for animal feedlots that are not identified under clause (1) or (2).
(b) Prior to the issuance of a general national pollutant discharge elimination system permit
for a category of animal feedlot facility permittees, the agency must hold at least one public
hearing on the permit issuance.
(c) To the extent practicable, the agency must include a public notice and comment period
for an individual national pollutant discharge elimination system permit concurrent with any
public notice and comment for:
(1) the purpose of environmental review of the same facility under chapter 116D; or
(2) the purpose of obtaining a conditional use permit from a local unit of government where
the local government unit is the responsible governmental unit for purposes of environmental
review under chapter 116D.
(d) The commissioner, in consultation with the Feedlot and Manure Management Advisory
Committee, created under section 17.136, and other interested parties must develop criteria for
determining whether an individual national pollutant discharge elimination system permit is
required under paragraph (a), clause (1). The criteria must be based on proximity to waters of the
state, facility design, and other site-specific environmental factors.
(e) The commissioner, in consultation with the Feedlot and Manure Management Advisory
Committee, created under section 17.136, and other interested parties must develop criteria
for determining whether an individual national pollutant discharge elimination system permit
is required for an existing animal feedlot, under paragraph (a), clause (2). The criteria must be
based on violations and other compliance problems at the facility.
(f) The commissioner, in consultation with the Feedlot and Manure Management Advisory
Committee, created under section 17.136, and other interested parties must develop criteria
for determining when an individual national pollutant discharge elimination system permit is
transferred from individual to general permit status.
(g) Notwithstanding the provisions in paragraph (a), until January 1, 2001, the commissioner
may issue an individual national pollutant discharge elimination system permit for an animal
feedlot. After the general permit is issued and the criteria under paragraphs (d) and (e) are
developed, individual permits issued pursuant to this paragraph that do not fit the criteria for an
individual permit under the applicable provisions of paragraph (d) or (e) must be transferred to
general permit status.
(h) The commissioner, in consultation with the Feedlot and Manure Management Advisory
Committee, created under section 17.136, and other interested parties must develop criteria for
determining which feedlots are required to apply for and obtain a national pollutant discharge
elimination system permit and which feedlots are required to apply for and obtain a state disposal
system permit based upon the actual or potential to discharge.
    Subd. 7d. Exemption. Notwithstanding subdivision 7 or Minnesota Rules, chapter 7020, to
the contrary, and notwithstanding the proximity to public or private waters, an owner or resident
of agricultural land on which livestock have been allowed to pasture as defined by Minnesota
Rules, chapter 7020, at any time during the ten-year period beginning January 1, 1990, is
permanently exempt from requirements related to feedlot or manure management on that land
for so long as the property remains in pasture.
    Subd. 8. Public information. The agency may publish, broadcast, or distribute information
pertaining to agency activities, laws, rules, and standards.
    Subd. 9. Orders; investigations. The agency shall have the following powers and duties for
the enforcement of any provision of this chapter and chapter 114C, relating to air contamination
or waste:
(a) to adopt, issue, reissue, modify, deny, revoke, enter into or enforce reasonable orders,
schedules of compliance and stipulation agreements;
(b) to require the owner or operator of any emission facility, air contaminant treatment
facility, potential air contaminant storage facility, or any system or facility related to the storage,
collection, transportation, processing, or disposal of waste to establish and maintain records; to
make reports; to install, use, and maintain monitoring equipment or methods; and to make tests,
including testing for odor where a nuisance may exist, in accordance with methods, at locations,
at intervals, and in a manner as the agency shall prescribe; and to provide other information as
the agency may reasonably require;
(c) to conduct investigations, issue notices, public and otherwise, and order hearings as it
may deem necessary or advisable for the discharge of its duties under this chapter and chapter
114C, including but not limited to the issuance of permits; and to authorize any member,
employee, or agent appointed by it to conduct the investigations and issue the notices.
    Subd. 10.[Repealed, 1997 c 231 art 13 s 20]
    Subd. 11. Permits; landfarming contaminated soil. (a) If the agency receives an application
for a permit to spread soil contaminated by a harmful substance as defined in section 115B.25,
subdivision 7a
, on land in an organized or unorganized township other than the township of origin
of the soil, the agency must notify the board of the organized township, or the county board of the
unorganized township where the spreading would occur at least 60 days prior to issuing the permit.
(b) The agency must not issue a permit to spread contaminated soil on land outside the
township of origin if, by resolution, the township board of the organized township, or the county
board of the unorganized township where the soil is to be spread requests that the agency not
issue a permit.
    Subd. 12. Fire training ash disposal. The ash from a legitimate fire training exercise
involving the live burning of a structure is classified as demolition debris and may be disposed
in any permit-by-rule land disposal facility authorized under agency rules or any permitted
demolition land disposal facility, with the consent of the disposal facility operator, if a person
certified by a Minnesota state college or university fire safety center certifies in writing in advance
to the commissioner that the structure has been adequately prepared for such a training exercise,
taking into account all applicable safety concerns and regulations, including Pollution Control
Agency guidelines regarding the removal of hazardous materials from training-burn structures
before the training event.
History: 1967 c 882 s 7; 1969 c 1046 s 5-7; 1971 c 727 s 3-5; 1971 c 904 s 1; 1973 c 412 s
13; 1973 c 573 s 1; 1973 c 733 s 1; 1974 c 346 s 2-4; 1974 c 483 s 5-7; 1976 c 76 s 4; 1977 c 90 s
10; 1979 c 304 s 1; 1980 c 564 art 11 s 5-10; 1980 c 614 s 123; 1980 c 615 s 60; 1981 c 352 s
27,28; 1982 c 424 s 130; 1982 c 425 s 17; 1982 c 458 s 2; 1982 c 569 s 19; 1983 c 247 s 51; 1983
c 301 s 112-114; 1983 c 373 s 44,45; 1984 c 640 s 32; 1984 c 644 s 49; 1985 c 248 s 70; 1985 c
274 s 14; 1Sp1985 c 13 s 233; 1986 c 425 s 28; 1987 c 348 s 30; 1989 c 131 s 7; 1989 c 276 s 1;
1989 c 325 s 48; 1989 c 335 art 1 s 269; 1Sp1989 c 1 art 20 s 19; 1990 c 426 art 2 s 1; 1990 c
604 art 10 s 6; 1991 c 199 art 2 s 1; 1991 c 254 art 2 s 37; 1991 c 291 art 21 s 3; 1991 c 303 s
4,5; 1991 c 337 s 55; 1991 c 347 art 1 s 8,18; 1992 c 546 s 2; 1992 c 593 art 1 s 31; 1993 c 172 s
77; 1994 c 585 s 32; 1994 c 619 s 8; 1994 c 632 art 2 s 31; 1994 c 637 s 1; 1994 c 639 art 3 s 3;
1995 c 111 s 1; 1995 c 220 s 104,130; 1995 c 233 art 1 s 7,8; art 2 s 49; 1995 c 247 art 1 s 37,38;
art 2 s 54; 1995 c 250 s 1; 1995 c 265 art 2 s 14; 1996 c 305 art 1 s 28; art 2 s 25; 1996 c 437 s
20; 1996 c 470 s 19; 1997 c 7 art 1 s 36; 1997 c 143 s 1; 1997 c 158 s 1; 1997 c 216 s 113,114;
1998 c 401 s 41-43; 1999 c 231 s 146; 1999 c 250 art 3 s 18; 2000 c 435 s 4,5; 2001 c 67 s 1;
2001 c 116 s 1; 2001 c 128 s 1; 1Sp2001 c 2 s 137; 2003 c 107 s 29; 2003 c 128 art 2 s 37,38;
art 3 s 39; 2004 c 176 s 1; 1Sp2005 c 1 art 1 s 78; art 2 s 161

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569