2025 Session Last amended: 2023 session

§ 115A.33 — Eligibility; Request for Review

Plain-Language Summary

This law lists who may ask the Environmental Quality Board to review a local government's refusal to allow a waste facility. Five categories of permit holders are eligible: generators of sewage sludge, political subdivisions with permits for a solid waste facility no larger than 250 acres (excluding buffer area) located outside the metropolitan area, hazardous waste generators with an on-site facility for their own waste, operators of a commercial hazardous waste processing facility on a board-preferred site, and operators of a disposal facility for the nonhazardous sludge, ash, or other solid waste produced by a permitted hazardous waste processing facility. To request review, the applicant must show the agency has issued the required permits and that a political subdivision refused to approve the facility.

Practical Notes
To request board review, you must already have the required permits from the agency and show that a local government refused to approve the facility. For solid waste facilities outside the metro area, the board may require completion of a waste management plan before granting review.