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S.F. No. 2193 - Environmental Permitting and Regulatory Modifications (First Engrossment)
 
Author: Senator Beverly Scalze
 
Prepared By: Carlon D. Fontaine, Senate Counsel (651/296-4395)
 
Date: March 11, 2014



 

Section 1 [Electronic submittal data] classifies preliminary data in the MPCA’s online data submission system as private or nonpublic under the Data Practices Act.  Provides that once data is transmitted and received is public unless otherwise classified by law.  

Section 2 [Permitting efficiency] modifies the DNR’s permitting efficiency goal to provide for two different “tiers” of permits. Tier 1 permits would have a goal of being issued or denied within 90 days and Tier 2 permits would keep the existing 150 day goal.  Modifies the DNR’s permitting efficiency reporting requirements to make the report an annual report rather than a biannual report.  The effective date for this section is January 1, 2015. 

Section 3 [Expediting costs; reimbursement] allows permit applicants to offer to reimburse the DNR for staff time or consultant services in order to expedite the permit development process.  Provides that reimbursements are appropriated to the commissioner for developing the permit or analyzing environmental review documents.  Provides that reimbursement by a project proposer shall not affect any agency decision on permitting. 

Section 4 [Generally] states that state disposal system (SDS) permits may not exceed ten-year terms.  Currently, SDS permits are issued for five-year terms. 

Section 5 [Pollutant loading offset] allows the PCA to issue or amend permits authorizing pollutant discharges to be offset by pollutant reductions from other sources as long as the changes result in a net decrease in the pollutant loading to the receiving water.  Requires the PCA to track the pollutant offsets (“trades”).

Section 6 [Tank fee] provides for an annual invoice for tank installers to pay tank fees to the MPCA. 

Section 7 [Permitting efficiency] modifies the PCA’s permitting efficiency goal to provide for two different “tiers” of permits.  Tier 1 permits would have a goal of being issued or denied within 90 days and Tier 2 permits would keep the existing 150-day goal.  "Tier 1" and "Tier 2" permits are defined.  Modifies the PCA’s permitting efficiency reporting requirements to make the report an annual report rather than a biannual report.  The effective date for this section is January 1, 2015. 

Section 8 [Permit fees] requires consultation with stakeholders when developing a stewardship plan.  Requires the producer or stewardship organization to invite comments from local governments on satisfaction with the product stewardship program.  Requires submission of the information gathered to the agency. 

Section 9 [Amount of penalty; considerations] increases the maximum penalty amount the PCA can impose for violations identified during an inspection or other compliance review from $10,000 to $20,000. Allows the commissioner to adjust the maximum penalty amount based on inflation beginning July 1, 2019, and every five years after that date. 

Section 10 [Authority to issue] allows the MPCA to issue citations for violations of SSTS rules or for failing to produce or maintain adequate records. 

Section 11 [Penalty amount] establishes penalty amounts for new citations allowed under Section 9.

Section 12 [Minnesota Business First Stop] updates provisions of the Minnesota Business First Stop relating to the additions to the expedited permitting process.  Provides that reimbursement by a project proposer shall not affect any agency decision on permitting. 

Section 13 [Rulemaking] requires the MPCA to amend their rules for solid waste management facilities to increase permit term length to ten years to conform with the change in Section 4.  Allows the commissioner to use the good cause exemption in the rulemaking.

 CDF/syl

 
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