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S.F. No. 3311 - Fee and permit conditions modifications
 
Author: Senator Bill Ingebrigtsen
 
Prepared By: Ben Stanley, Senate Counsel (651/296-4793)
 
Date: February 27, 2020



 

Section 1 [Unadopted Rules] prohibits state agencies from attempting to impose or require a policy, guideline, bulletin, criterion, manual, standard, interpretive statement, or similar pronouncement that has not been properly adopted under Minnesota Statutes, chapter 14.

Section 2 [PCA Training Fee] clarifies that the Pollution Control Agency (PCA) may not increase the fee for training water pollution control or subsurface sewage treatment system personnel without legislative approval.

Section 3 [Effluent Limitation Compliance] provides that to the extent allowed by federal law, an industrial NPDES or state disposal system permit holder that constructs a treatment work facility to comply with modified standards, may not be required to expend additional capital investment on the treatment works for 16 years.

Section 4 [Wastewater & Water Supply System Operator Certification Fee] clarifies that the PCA may not increase the fee for wastewater & water supply system operator certification without legislative approval.

Sections 5 & 6 [Wastewater Laboratory Certification Fee] prohibit the PCA from increasing the fee for wastewater laboratory certification without legislative approval.

Section 7 [PCA Permitting Efficiency Report Modifications] modifies requirements for the PCA’s permitting efficiency report as follows:

  • Makes it semiannual instead of annual
  • Requires it to cover only Tier 2 permits, not Tier 1 permits
  • Requires implementation of needed program or system changes, not just their identification
  • Requires information about the percentage of applications completed in a category
  • Requires separate information about industrial and municipal permits to be separately stated
  • Grants permit applicants authority to seek court mandate to act on permit application

Section 8 [Water Permit Fees] clarifies that the PCA may not increase water-related permit fees without legislative approval.

Section 9 [Restriction on Trichloroethylene Use] imposes restrictions on the use of trichloroethylene by air permit holders.

Section 10 [Pipeline Definition Modification] limits the definition of pipeline in Minnesota Statutes, chapter 216G to those that are owned or operated by a condemning authority.

Section 11 [Analysis of Green Tier Program] requires the PCA to analyze Wisconsin’s Green Tier Program, which recognizes and rewards environmental performance that voluntarily exceeds legal requirements, and to report on challenges and benefits of establishing a similar program in Minnesota.

Section 12 [State Implementation Plan Revision] requires the PCA to seek EPA approval of a modification of Minnesota’s Clean Air Act State Implementation Plan so that the PCA would be prohibited from applying ambient air quality standards in permits issued solely to authorize operations to continue at an existing facility with unmodified emissions.

 
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