§ 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.
115A.33 1994 c 628 art 3 s 209
115A.33 ELIGIBILITY; REQUEST FOR REVIEW.
(a) The following persons are eligible to request supplementary review by the board pursuant to sections 115A.32 to 115A.39:
(1) a generator of sewage sludge within the state who has been issued permits by the agency for a facility to dispose of sewage sludge or solid waste resulting from sewage treatment;
(2) a political subdivision that has been issued permits by the agency, or a political subdivision acting on behalf of a person who has been issued permits by the agency, for a solid waste facility that is no larger than 250 acres, not including any proposed buffer area, and located outside the metropolitan area;
(3) a generator of hazardous waste within the state who has been issued permits by the agency for a hazardous waste facility to be owned and operated by the generator, on property owned by the generator, and to be used by the generator for managing the hazardous wastes produced by the generator only;
(4) a person who has been issued permits by the agency for a commercial hazardous waste processing facility at a site included in the board’s inventory of preferred sites for such facilities adopted pursuant to Minnesota Statutes 1996, section 115A.09; and
(5) a person who has been issued permits by the agency for a disposal facility for the nonhazardous sludge, ash, or other solid waste generated by a permitted hazardous waste processing facility operated by the person.
(b) The board may require completion of a plan conforming to the requirements of section 115A.46, before granting review under paragraph (a), clause (2). A request for supplementary review must show that the required permits for the facility have been issued by the agency and that a political subdivision has refused to approve the establishment or operation of the facility.
History:
1980 c 564 art 4 s 2; 1981 c 352 s 23; 1989 c 335 art 1 s 269; 1992 c 593 art 1 s 54; 1994 c 628 art 3 s 209; 1995 c 247 art 1 s 6,60,64; 1999 c 86 art 1 s 21; 2023 c 25 s 31
History: History: 1980 c 564 art 4 s 2; 1981 c 352 s 23; 1989 c 335 art 1 s 269; 1992 c 593 art 1 s 54; 1994 c 628 art 3 s 209; 1995 c 247 art 1 s 6,60,64; 1999 c 86 art 1 s 21; 2023 c 25 s 31