2007 Minnesota Statutes

115A.194 EVALUATION AND SELECTION OF SITES; PERMITS.
    Subdivision 1. Determination of siting procedure. The agency shall proceed to take
the actions provided in subdivisions 2 and 4 pursuant to any contracts executed under section
115A.191.
    Subd. 2. Requirements before decisions. Before the agency makes decisions under
subdivision 4:
(a) the agency shall complete environmental impact statements on the environmental
effects of the decisions, in the manner provided in chapter 116D and the rules issued under
that chapter; and
(b) the commissioner shall present to the agency the report on facility development prepared
as provided in section 115A.193.
    Subd. 3. Agencies; report on permit conditions and application requirements. Within 30
days following the determination of the adequacy of the environmental impact statements and
the presentation of the report on facility development, after consulting with the agency, facility
developers, and affected local government units, the chief executive officer of each permitting
state agency shall issue to the agency reports on permit conditions and permit application
requirements at each location. The reports must indicate, to the extent possible based on existing
information, the probable terms, conditions, and requirements of permits, and the probable
supplementary documentation that will be required for the environmental impact statement and
permit applications under subdivision 5. If the agency has selected a developer, the report of the
agency must include a description of the rules necessary to implement the provisions of section
115A.175, subdivision 4.
    Subd. 4. Decisions. Within 90 days after the agency has determined the adequacy of the
environmental impact statement, the agency shall: (1) specify the type, capacity, and function of
the stabilization and containment facility, including operating and design standards for the facility;
and (2) select one of the study areas evaluated under this section as the site for the facility, unless
the agency determines, based upon potential significant adverse effects on the environment, that
none of the study areas should be selected as the site consistent with the reasonable requirements
of the public health, safety, and welfare and the state's paramount concern for the protection of
its air, water, land, and other natural resources from pollution, impairment, or destruction. The
provisions of sections 115A.28, subdivisions 2 and 3, and 115A.30 apply to any agency decision
to select a study area as a site under this subdivision.
If the agency selects a study area as a site under this subdivision, the agency shall dismiss all
other study areas from further consideration. If the agency does not select a study area as a site
under this subdivision, the agency shall dismiss all study areas from further consideration.
    Subd. 5. Permits; environmental review. Before the agency issues permits for the facility,
the agency shall complete an environmental impact statement specifically on the environmental
effects of permitting decisions required to be made by permitting agencies. The statement must be
completed in the manner provided in chapter 116D and the rules issued under that chapter.
History: 1986 c 425 s 27; 1989 c 335 art 1 s 269; 1Sp2005 c 1 art 2 s 161