Part | Title |
---|---|
4350.0200 | MR 1985 [Renumbered 8300.5300] |
4350.0300 | MR 1985 [Renumbered 8300.5310] |
4350.0400 | MR 1985 [Renumbered 8300.5320] |
4350.0500 | MR 1985 [Renumbered 8300.5330] |
4350.0600 | MR 1985 [Renumbered 8300.5340] |
4350.0700 | MR 1985 [Renumbered 8300.5350] |
4350.2100 | MR 1985 [Renumbered 8300.5400] |
4350.2200 | MR 1985 [Renumbered 8300.5410] |
4350.2300 | MR 1985 [Renumbered 8300.5420] |
4350.3000 | DEFINITIONS. |
4350.3010 | AUTHORITY, PURPOSE, AND EXEMPTIONS. |
4350.3020 | APPLICATION OF THESE RULES. |
4350.3030 | MASTER APPLICATION. |
4350.3040 | PERMIT APPLICATIONS. |
4350.3050 | NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT REVIEW. |
4350.3060 | NOTICE. |
4350.3070 | JOINT HEARING. |
4350.3080 | NONHEARING PROCEDURE. |
4350.3090 | AGENCY DECISIONS. |
4350.3100 | REDRESS FOR PERSONS AGGRIEVED BY FINAL DECISION. |
4350.3110 | WITHDRAWAL FROM MASTER APPLICATION PROCESS. |
4350.3120 | PERMIT INFORMATION CENTER GRANT PROGRAM. |
4350.3130 | MASTER APPLICATION PROCEDURE. |
4350.6100 | [Repealed, 8 SR 1011] |
4350.6200 | [Repealed, 8 SR 1011] |
4350.6300 | [Repealed, 8 SR 1011] |
4350.6400 | [Repealed, 8 SR 1011] |
4350.6500 | [Repealed, 8 SR 1011] |
4350.6600 | [Repealed, 8 SR 1011] |
4350.6700 | [Repealed, 8 SR 1011] |
4350.6800 | [Repealed, 8 SR 1011] |
MR 1985 [Renumbered 8300.5300]
August 21, 2007
MR 1985 [Renumbered 8300.5310]
August 21, 2007
MR 1985 [Renumbered 8300.5320]
August 21, 2007
MR 1985 [Renumbered 8300.5330]
August 21, 2007
MR 1985 [Renumbered 8300.5340]
August 21, 2007
MR 1985 [Renumbered 8300.5350]
August 21, 2007
MR 1985 [Renumbered 8300.5400]
August 21, 2007
MR 1985 [Renumbered 8300.5410]
August 21, 2007
MR 1985 [Renumbered 8300.5420]
August 21, 2007
The terms specified in subparts 2 to 16 shall have the following meanings for the purpose of these rules.
"Agency" means a state department, commission, board, or other instrumentality of the state, however titled, or a local government unit or instrumentality if that local unit is acting within existing legal authority to grant or deny a permit that otherwise would be granted or denied by a state agency.
"Board" means the Minnesota Environmental Quality Board established pursuant to Minnesota Statutes, section 116C.03, formerly called the Minnesota Environmental Quality Council.
"Bureau" means the Bureau of Business Licenses established pursuant to Minnesota Statutes, sections 116J.73 to 116J.76.
"Coordination unit" means the environmental permits coordination unit established pursuant to Minnesota Statutes, section 116C.25, to assist persons using the master application process.
"Days" in computing any period of time prescribed or allowed in these rules, the day the designated period of time begins shall not be included. The last day of the period shall be included, unless it is a Saturday, Sunday, or a legal holiday, in which case the period will extend until the end of the next day that is not a Saturday, a Sunday, or a legal holiday.
"Environmental review process" means any procedure for review established by the board pursuant to Minnesota Statutes, section 116D.04, subdivision 2a.
"Administrative law judge" means an administrative law judge regularly appointed by the chief administrative law judge as provided for in Minnesota Statutes, sections 14.49 to 14.56.
"Joint hearing" means the optional hearing at which one or more agencies participate as herein described as a replacement for individual state agency hearings that may be held following each agency's separate permit review procedures.
"Local government unit" means a county, city, town, or special district with legal authority to issue a permit.
"Master application" means an application requesting the issuance of all state permits necessary for construction or operation of a project requiring more than one permit.
"Participating agency" means an agency with one or more permit programs under its jurisdiction that are pertinent to a project for which a completed master application has been submitted to the coordination unit and which orders a hearing to be held pursuant to these rules.
"Permit" means a license, permit, certificate, certification, approval, compliance schedule, or other similar document pertaining to a regulatory or management program related to the protection, conservation, or use of or interference with the natural resources of land, air, or water, which is required to be obtained from a state agency prior to constructing or operating a project in this state. Nothing in these rules shall relate to the granting of a proprietary interest in publicly owned property through a sale, lease, easement, use permit, license, or other conveyance.
"Permit information center" means an office established to provide information to the public about the requirements of state and local government regulations concerning the use of natural resources and protection of the environment.
"Person" means an individual, an association, partnership, or cooperative, or a municipal, public, or private corporation, including but not limited to a state agency and a county.
"Project" means a new activity or an expansion of or addition to an existing activity, which is fixed in location and which requires permits from agencies prior to construction or operation, including but not limited to industrial and commercial operations and development.
MS s 116C.32
L 1983 c 289 s 34 to 39; L 1984 c 640 s 32; L 1987 c 312 art 1
August 21, 2007
These rules are prescribed by the Bureau of Business Licenses under:
These rules provide an optional procedure to assist a person who, before undertaking a project which would use the state's air, land, or water resources, must obtain more than one state permit as defined by these rules when that person voluntarily decides to use this procedure. The assistance involves identifying all such required permits before the project is implemented; providing a single hearing on appropriate permit applications; providing time frames for the making of agency decisions; and providing to the applicant statements of the reasons that agencies approve or deny the permit applications.
These rules shall not apply to projects that:
require permits issued under Minnesota Statutes, chapter 93, pertaining to reservations, permits, and leases of state-owned mineral lands; Minnesota Statutes, chapter 216E, the Minnesota Power Plant Siting Act; or Minnesota Statutes, section 216B.243, pertaining to certificates of need for large energy facilities; or
are initiated for taconite tailings disposal or mining, or producing or beneficiating copper, nickel, or copper nickel.
L 1983 c 289 s 34 to 39; L 1987 c 312 art 1
August 21, 2007
Each agency having jurisdiction to issue or reject a permit shall retain this authority as vested in it before the effective date of these rules. Nothing in these rules shall lessen or reduce such authority and these rules shall modify only the procedures followed in carrying out such authority.
A state agency may, in performing its responsibilities under these rules, request or receive additional information from an applicant. A copy of that request or receipt shall be immediately forwarded to the coordination unit, which shall immediately notify all other agencies having permit interest in the project.
Fee schedules authorized by statute or rules for an application or permit shall continue to be applicable even though the application or permit is processed according to these rules. The coordination unit shall not charge the applicant or participating agencies a fee for services.
These rules shall have no applicability to an application for a permit renewal, amendment, extension, or other similar document required subsequent to the completion of decisions and proceedings under parts 4350.3000 to 4350.3130, or to a replacement thereof or to a quasi judicial or judicial proceeding held pursuant to an order of remand or similar order by a court in relation to a final decision of an agency.
Nothing in these rules shall modify in any manner whatsoever the applicability or inapplicability to the lands of any agency of any land use regulation, statute, or local government zoning ordinance.
The coordination unit, to the limited extent necessary to comply with procedural requirements of federal statutes relating to permit systems operated by the state, may modify the notice, timing, hearing, and related procedural matters provided in these rules.
MS s 116C.32
L 1983 c 289 s 34 to 39; L 1987 c 312 art 1
August 21, 2007
A person proposing a project that might require more than one permit may, before the initial construction of the project or the initial operation of the project if construction of the project requires no permits, submit to the coordination unit a master application requesting the issuance of all permits necessary for construction and (or) operation of the project.
Other permits, in addition to those defined by these rules, may be included in these permit coordination procedures if the applicant and state regulatory agency so agree and if such procedure is permissible under the statutes and regulations that apply to such nonincluded permits. A written agreement to such an arrangement shall be provided by the agency to the coordination unit within 30 days of receipt by the agency of the master application. If such other permit applications are included within the master application process, they shall remain with the process until final disposition of the master application and for purposes of the master application process shall be included as a permit as defined by these rules.
If a permit is required for the operation of a project or if a state agency must approve the engineering design plans of a project, and if the information needed by the agency to reach a decision could not be made available through the master application process, because postconstruction or operation data are required to be collected or evaluated or because the issuance of the permit depends upon a postconstruction facilities inspection or performance demonstration, then that permit or approval may be processed independently from the master application process provided both the applicant and the agency agree.
The coordination unit shall provide a master application form which requests information necessary for agencies to determine permit applicability. Information required shall include but not be limited to the name and address of the applicant, the location of the project, and a description of the project, including but not limited to: possible discharges of waste; use of or interference with natural resources; the time for project completion; and, if the project is to be phased, the timing of such phases.
Permit forms of agencies shall be signed as required by the rules of the respective agencies. Any form, exclusive of the agencies' permit forms, submitted to the coordination unit shall be signed as follows:
in the case of a corporation, by a principal executive officer or that officer's duly authorized representative or agent, if such representative or agent is responsible for the project for which the permit is requested;
in the case of a municipal, state, or other public signatory, by either a principal executive officer, ranking elected official, or other duly authorized employee.
The coordination unit shall provide certification application forms which shall be submitted respectively by all applicants as follows:
Certification must be obtained, from the local government units in which the proposed project will be located, that the project complies with all local zoning ordinances, subdivision regulations, and environmental rules administered by the local government unit. Certification under this item must be issued not more than 120 days before the submission date of the master application. The local government units shall either issue a certification or deny that certification in accord with the following procedures:
Within 45 days after the applicant has submitted a certification application form to the local government unit, the unit shall return the completed form to the applicant or notify the applicant in writing that the certification is denied, including the reasons for the denial.
No local government unit shall rescind such a certification for a master application, even though the local government may have changed its zoning ordinances, subdivision regulations, or environmental regulations. A change of zoning ordinances, subdivision regulations, or environmental rules shall not invalidate a previously given certification for the purpose of securing a state permit under parts 4350.3000 to 4350.3130. After certification, the local government may change such zoning ordinances, subdivision regulations, or environmental rules, but not so as to affect the proposed project until the procedures of parts 4350.3000 to 4350.3130, including any administrative or judicial reviews, are completed.
A local government unit denial of certification shall not be appealable under these rules. Such denial shall not preclude the applicant from filing a permit application under any other available statute or procedure.
Certification must be obtained from the board that an environmental impact statement on the project either has been completed or is not required. Within five days after the first board meeting following submission of a certification application form to the board, the board shall return the completed form or notify the applicant in writing that the proposed project is undergoing review under the environmental review process. If the project is undergoing review under the environmental review process, the board shall return a completed form to the applicant within ten days after such process is completed. If an environmental impact statement was required on the project, a copy of the final environmental impact statement shall be attached to the board's certification.
Upon receipt of a completed master application, including certifications required in subpart 4, the coordination unit shall immediately notify the applicant that the application has been accepted and is ready for processing. Upon acceptance, the coordination unit shall immediately notify in writing each agency having a possible permit interest in the project. The notice shall be accompanied by a copy of the master application.
Each notified agency shall respond in writing to the coordination unit within 20 days of receipt by the agency of the master application, advising whether the agency will or will not require a permit for the described project. If the agency responds affirmatively, it shall include application forms and information concerning the specific permit programs applicable to the project as described, and state whether a public hearing is required or appropriate relating to permit requirements for the project. Provided, that a statement whether a public hearing is required or appropriate relating to national pollutant discharge elimination system (NPDES) permit requirements for the project shall not be required at this time. If an agency affirms that a public hearing is required or appropriate, it shall provide a brief statement identifying the reasons.
If after all agency responses are received, only one permit is required, the master application procedure shall no longer be available to the applicant for that project. The applicant may then proceed to process the permit application using the normal procedures established by the agency requiring the permit. However, agencies shall not require additional permits of the applicant unless one of the conditions described in subpart 8 arises.
A notified agency that makes a timely response indicating that a permit is not required, or that fails to make a timely response concerning a permit program or programs, shall not require such a permit of the applicant for the described project unless:
the master application provided to the agency lacked information or contained false, misleading, or deceptive information that would reasonably lead the agency to misjudge the applicability of its permits to the project;
unusual circumstances prevented the agency from notifying the coordination unit, and the agency can establish that failure to require a permit would result in substantial harm to the public health and welfare.
If one of the conditions listed in subpart 8, items A to C arises, the affected agencies shall so notify the applicant, the coordination unit, and the board, and shall request a determination by the board whether an order should be issued to require the relevant permits. Included with the agency's request shall be a statement justifying the need to require the additional permits. The board at its first meeting held more than 15 days after being notified by the agency shall determine whether the permits shall be required. If additional permits are required because one of the conditions of subpart 8, item A occurs necessitating a change in the notice required by part 4350.3060, subpart 1, the applicant shall pay the additional cost, if any, resulting from the requirement for the additional permits. Any other costs resulting from the conditions in subpart 8, items A to C will be borne by the agencies requiring additional permits.
If the applicant without being required by a public agency alters the proposed project in a way that may affect the validity of the certifications required in subpart 4 or an agency response required in subpart 5, item C, the applicant shall immediately notify the coordination unit of the proposed alteration. The coordination unit shall then immediately notify the board, the local government units involved, and all agencies which may have a permit interest in the proposed project. Within 15 days after notification by the coordination unit, the board, the local government units, and the agencies shall respond to the coordination unit and the applicant whether the previous certification is still valid or additional permits are required. If a new certification is needed or additional permits are required, the master application process shall be suspended. The period of suspension shall not exceed the time periods provided in subpart 4, items A, subitem (1) and B, and subpart 6.
MS s 116C.32
L 1983 c 289 s 34 to 39; L 1987 c 312 art 1; 17 SR 1279
August 21, 2007
Within five days after the deadline for agency responses, the coordination unit shall submit to the applicant all necessary application forms for the permits identified in the affirmative agency responses described in part 4350.3030, subpart 6. The applicant shall complete and return these forms to the coordination unit, with any required individual permit fees, within 90 days.
Within ten days of receipt of the full set of completed forms the coordination unit shall send each application to the appropriate agency for its permit review in accord with the procedures of these rules, provided, that a completed NPDES form shall be forwarded to the Minnesota Pollution Control Agency immediately upon receipt by the coordination unit.
If an agency has a procedure for setting priorities in permit issuance according to the application date, the date used shall be the day the master application is received by the coordination unit.
MS s 116C.32
L 1983 c 289 s 34 to 39; L 1987 c 312 art 1
August 21, 2007
Whenever the Minnesota Pollution Control Agency responds under part 4350.3030, subparts 5 to 9, that a NPDES permit is required for a master application, within 110 days after it has received a completed NPDES application under part 4350.3040, subpart 2, the Minnesota Pollution Control Agency shall complete all permit review procedures necessary to determine the necessity or appropriateness of a hearing on the NPDES requirements for the project, and shall within the 110 days notify the coordination unit whether a hearing is required or necessary. When conditions prevail that do not require the full 110 day processing period, the MPCA will notify the coordination unit as soon as possible as to whether a hearing is required.
MS s 116C.32
L 1983 c 289 s 34 to 39; L 1987 c 312 art 1
September 5, 2013
Immediately after transmittal of the completed permit applications and any required permit fees to the appropriate agency, the coordination unit shall publish notice at the applicant's expense once each week on the same day of the week for three consecutive weeks, in a newspaper of general circulation in each county in which the project is proposed to be constructed or operated.
The notice shall contain:
a statement that a copy of the master application and a copy of all permit applications for the project are available for public inspection during normal business hours in the office of the county auditor of each county in which the project is proposed to be constructed or operated, and in other locations the coordination unit may designate;
except as provided in subpart 3 or part 4350.3050, the time and place of the joint hearing and other contents of the order for hearing, to commence not less than 20 days or more than 45 days after publication of the last newspaper notice; and
additional information concerning the permit application or hearing, upon notification by an agency that such specified information is required to be provided in the notice.
If agency responses to the master application unanimously affirm that a public hearing concerning the master application is not required or is not in the public interest, the newspaper notice shall not refer to a joint hearing. The notice shall state that members of the public may present relevant views and supporting material concerning specified permits in writing to the coordination unit within 30 days after the last notice has been published.
Persons wishing to receive notice by mail of master applications may do so upon written request. The request shall give the name and address of the person to receive notice and the counties for which master application notice is requested. The request shall be valid for one year and may be renewed upon notice of expiration by the coordination unit. Upon notification by an agency, the coordination unit shall also mail notices to any additional persons entitled to receive notice according to the requirements of individual permit programs.
If the applicant requests that information contained on the application or in supplement to the application be certified as confidential, the information shall not be released unless the appropriate agency responds in writing that the information is not to be certified as confidential. If the agency so responds, the coordination unit shall immediately notify the applicant that the agency has failed to certify the information as confidential. Within ten days after such notification, the applicant may withdraw the subject information by giving written notice to the coordination unit. The information shall not be subsequently released if it is withdrawn by the applicant within the ten-day period.
MS s 116C.32
L 1983 c 289 s 34 to 39; L 1987 c 312 art 1
August 6, 2013
When one or more agencies affirm that a hearing is required or appropriate relating to its permit requirements for the project, the agencies shall issue an order for a hearing. In preparing the order for hearing, the agencies shall consult with the coordination unit in setting the time and place for the joint hearing. The coordination unit shall issue a notice that a joint hearing will be held pursuant to the contested case provisions of Minnesota Statutes, chapter 14, the rules of the Office of Administrative Hearings, and these rules. Copies of the notice and orders shall be immediately forwarded to all agencies having a permit interest in the project and to the applicant by the coordination unit.
Each participating state agency shall be represented at the joint hearing by its chief administrative officer or that officer's designee. The representative shall participate in the portion of the joint hearing pertaining to submission of information, views, and supporting materials that are relevant to the specific permit applications under the jurisdiction of that agency. The manner of agency participation shall be consistent with the contested case rules of the Office of Administrative Hearings. The administrative law judge may, when appropriate, continue a joint hearing from time to time and place to place. The joint hearing shall be recorded in any manner suitable for transcription pursuant to Minnesota Statutes, chapter 14. The record of the joint hearing shall be made available for public inspection by the coordination unit.
Upon termination of the joint hearing, the administrative law judge's report, containing recommendations on each permit, shall be forwarded to the coordination unit. The coordination unit shall forward copies of the report to the participating agencies and to the applicant.
Costs of the joint hearing shall be apportioned by the coordination unit to each participating agency. The hearing costs shall be apportioned based on the percentage of the hearing record that is pertinent to each participating agency.
Within 60 days of receipt of the administrative law judge's report or notification by the coordination unit of its availability to those agencies not participating in the hearing, each agency shall notify the coordination unit of its final decision on the permit applications within its jurisdiction. This date may be extended by the director of the bureau for reasonable cause. A request for such extension, setting forth specific reasons, shall be filed with the director of the bureau, who shall immediately notify the applicant. Such extension shall be the minimum time needed by the agency to reach a final decision and shall be considered an exception to normal operating procedure. Each final decision shall set forth the reasons for the decision together with a final order denying or granting the permit, including any conditions under which the permit is issued.
MS s 116C.32
L 1983 c 289 s 34 to 39; L 1984 c 640 s 32; L 1987 c 312 art 1; 17 SR 1279
August 21, 2007
If no joint hearing is conducted, pursuant to part 4350.3060, subpart 3, the coordination unit shall, not less than 30 days after publication of the last newspaper notice, submit a copy of all views and supporting material it has received to the agencies. The agencies shall consider such information during review of permit applications. Concurrently, the coordination unit shall notify each agency in writing of the date, 60 days after agency receipt of such notice, by which final decisions on applications shall be forwarded to the coordination unit. This date may be extended by the director of the bureau for reasonable cause. A request for such extension, setting forth specific reasons, shall be filed with the director of the bureau, who shall immediately notify the applicant. Such extension shall be the minimum time needed by the agency to reach a final decision and shall be considered an exception to normal operating procedure. Every final decision shall set forth the information required by part 4350.3070, subpart 5.
MS s 116C.32
L 1983 c 289 s 34 to 39; L 1987 c 312 art 1
August 21, 2007
Upon receipt by the coordination unit of all final decisions of the agencies, the coordination unit shall immediately incorporate them, without modification, into one document and transmit the document to the applicant either personally or by registered mail.
MS s 116C.32
L 1983 c 289 s 34 to 39; L 1987 c 312 art 1
August 21, 2007
A person aggrieved by a final decision of an agency in granting or denying a permit shall seek redress directly and individually from that agency in the manner provided by Minnesota Statutes, chapter 14, or any other statute authorizing either judicial or administrative review of an agency decision.
MS s 116C.32
L 1983 c 289 s 34 to 39; L 1987 c 312 art 1
August 21, 2007
An agency which has responded affirmatively under part 4350.3030, subpart 6, may withdraw from the process at any time if it has subsequently determined that it has no permit programs applicable to the project. The withdrawal becomes effective when the agency submits written notice of this determination to the coordination unit and to the applicant. The cost of a change or withdrawal of any notice required under these rules resulting from agency withdrawal shall be paid by the applicant if such withdrawal is due to an alteration the applicant has made in the project that is not required by a public agency or if the agency's initial affirmative determination was based on incorrect information supplied by the applicant; in all other cases, the withdrawing agency shall pay for the change or withdrawal of notice.
If an applicant has initiated the master application process, the applicant may at any later time withdraw from further participation in the process by submitting written notification to the coordination unit. If such withdrawal necessitates a change or withdrawal of any notice required under these rules, the applicant shall pay the cost, if any, of such change or withdrawal of notice.
MS s 116C.32
L 1983 c 289 s 34 to 39; L 1987 c 312 art 1
August 21, 2007
Funds appropriated for grants for the establishment of regional permit information centers by Minnesota Statutes 1976, section 116C.34 and any future funding for such centers appropriated to the State Planning Agency shall be distributed to those public bodies authorized by laws pursuant to the recommendation of the director of the planning division and these rules.
A regional development commission may apply for a grant from the commissioner of the Department of Employment and Economic Development for the establishment of a regional permit information center; provided that the grant application is submitted before May 1 of the fiscal year for which the legislative appropriation was made; the amount of the grant application does not exceed the legislative appropriation; and the regional development commission agrees to perform the following functions for at least one year following approval of the grant application:
designate one person to act as liaison between the regional permit information center and the environmental permit coordination unit;
provide an information and referral system to assist the public in understanding and complying with the requirements of state and local government rules and regulations concerning the use of natural resources and protection of the environment;
provide for the dissemination of printed materials concerning the requirements of state and local government regulations;
provide information to the public on the regulatory functions relating to the environment of the local government units in its region;
establish and maintain a file for applicable state resource agency permits, including pertinent rules, criteria for permit issuance and use, and compliance with relevant statute requirements;
maintain a list or directory of pertinent state agency contacts in each region and in Saint Paul as well as a list of local government unit contacts for its region.
Within 30 days after receipt of a completed grant application, the commissioner of the Department of Employment and Economic Development shall approve the grant or notify the regional development commission in writing of the reasons why the grant application was denied.
MS s 116C.32
L 1983 c 289 s 34 to 39, s 115 subd 1; L 1987 c 312 art 1; L 2003 1Sp4 s 1
August 21, 2007
MS s 116C.32
L 1983 c 289 s 34 to 39; L 1987 c 312 art 1
August 21, 2007
[Repealed, 8 SR 1011]
August 21, 2007
[Repealed, 8 SR 1011]
August 21, 2007
[Repealed, 8 SR 1011]
August 21, 2007
[Repealed, 8 SR 1011]
August 21, 2007
[Repealed, 8 SR 1011]
August 21, 2007
[Repealed, 8 SR 1011]
August 21, 2007
[Repealed, 8 SR 1011]
August 21, 2007
[Repealed, 8 SR 1011]
August 21, 2007
Official Publication of the State of Minnesota
Revisor of Statutes