Minnesota Administrative Code

4401.0470 [Renumbered 7836.0700] Published Electronically: August 21, 2007

4401.0500 [Renumbered 7836.0800] Published Electronically: August 21, 2007

4401.0550 [Renumbered 7836.0900] Published Electronically: August 21, 2007

4401.0600 [Renumbered 7836.1000] Published Electronically: August 21, 2007

4401.0610 [Renumbered 7836.1100] Published Electronically: August 21, 2007

4401.0620 [Renumbered 7836.1200] Published Electronically: August 21, 2007

4401.0700 [Renumbered 7836.1300] Published Electronically: August 21, 2007

4401.0710 [Renumbered 7836.1400] Published Electronically: August 21, 2007

4401.0800 [Renumbered 7836.1500] Published Electronically: August 21, 2007

4405.0100 DEFINITIONS. Subpart 1. Scope. For the purpose of this chapter, the following terms have the meanings given them. Subp. 2. Agency. "Agency" means a member agency of the board as defined in Minnesota Statutes, section 116C.03, subdivision 2. Subp. 3. Board. "Board" means…

4405.0200 STATUTORY AUTHORITY. This chapter is adopted under authority granted in Minnesota Statutes, sections 14.06, 116D.04, subdivision 5a, 116G.04, and 216E.16. Statutory Authority: MS s 14.06; 116C.66; 116D.04; 116G.04; 216E.16 History: 9 SR 333 Published Electronically: Aug…

4405.0300 DUTY OF CANDOR. Subpart 1. Duty. In all formal or informal negotiations, communications, proceedings, and other dealings between any person and any member, employee, or agent of the board, it is the duty of each person and each member, employee, or agent of the board to…

4405.0400 EX PARTE COMMUNICATION. No party to a matter for which a hearing, a contested case, or rulemaking proceeding under Minnesota Statutes, chapter 14, has been ordered by the board may communicate with a board member concerning the matter except in writing, or orally as par…

4405.0500 BOARD OFFICERS AND DUTIES. Subpart 1. Chairperson. The chairperson shall preside at board meetings and perform other duties as assigned under law, rule, or as directed by the board. Subp. 2. Vice chairperson. At its first meeting in February of each year, the board shal…

4405.0600 BOARD MEETING PROCEDURES. Subpart 1. Decisions at open meetings. All regular and special board meetings, and board-authorized subcommittee and task force meetings, must be open to the public. All board decisions must be made at open meetings. Subp. 2. Posting of meeting…

4405.0700 SOUTHERN MINNESOTA RIVERS BASIN COUNCIL. Subpart 1. Recommendations. Recommendations from the council must be submitted to the board. Minority recommendations on an issue may also be submitted. Recommendations must be submitted as required under part 4405.0600, subpart …

4405.0800 BOARD SUBCOMMITTEES; TASK FORCES. Subpart 1. Establishment. The board may establish citizen or interdepartmental task forces or subcommittees to aid in performing its duties. The board shall specify the charge, duration, size, membership, meeting notice requirements, an…

4405.0900 EXCEPTIONS AND PROPOSED FINDINGS. Subpart 1. Exceptions to report of administrative law judge. If an administrative law judge acting under contested case procedures in Minnesota Statutes, chapter 14, has submitted a report, and a party wishes to file exceptions to the r…

4405.1000 PARTIES. Subpart 1. Contested cases. In proceedings conducted under Minnesota Statutes, chapter 14, parties have the rights and obligations specified in applicable rules established by the Office of Administrative Hearings. Subp. 2. Hearings. In hearings not conducted u…

4405.1100 INTERVENTION. Subpart 1. Contested cases. In proceedings conducted under Minnesota Statutes, chapter 14, persons desiring to intervene shall intervene in accordance with applicable rules established by the Office of Administrative Hearings. Subp. 2. Hearings. In other h…

4405.1200 FINAL DECISIONS AND ORDERS. Subpart 1. Decision. The board shall make all final decisions and orders in those matters for which a hearing, contested case, or rulemaking proceeding conducted under Minnesota Statutes, chapter 14, has been held. When required by law, the b…

4405.1300 RECONSIDERATION AND REHEARING. Subpart 1. Board right to reconsider and rehear. Under the procedures in this part, the board may reconsider or rehear a final decision. The right to reconsider or rehear under this part may be exercised unless it is lost by appeal or the …

4410.0200 DEFINITIONS AND ABBREVIATIONS. Subpart 1. Scope. For the purpose of parts 4410.0200 to 4410.6500, the following terms and abbreviations have the meanings given them, unless otherwise provided. Subp. 1a. [Repealed, 31 SR 539] Subp. 1b. Acute hazardous waste. "Acute hazar…

4410.0300 AUTHORITY, SCOPE, PURPOSE, AND OBJECTIVES. Subpart 1. Authority. Parts 4410.0200 to 4410.6500 are issued under authority granted in Minnesota Statutes, chapter 116D, to implement the environmental review procedures established by the Minnesota Environmental Policy Act. …

4410.0400 GENERAL RESPONSIBILITIES. Subpart 1. EQB. The EQB shall monitor the effectiveness of parts 4410.0200 to 4410.6500 and shall take appropriate measures to modify and improve their effectiveness. The EQB shall assist governmental units and interested persons in understandi…

4410.0500 RGU SELECTION PROCEDURES. Subpart 1. RGU for mandatory categories. For any project listed in part 4410.4300 or 4410.4400, the governmental unit specified in those rules is the RGU unless the project will be carried out by a state agency, in which case that state agency …

4410.1000 PROJECTS REQUIRING EAW. Subpart 1. Purpose of EAW. The EAW is a brief document prepared in worksheet format which is designed to rapidly assess the environmental effects which may be associated with a proposed project. The EAW: A. aids in the determination of whether an…

4410.1100 PETITION PROCESS. Subpart 1. Petition. Any person may request the preparation of an EAW on a project by filing a petition that contains the signatures and mailing addresses of at least 100 individuals who reside or own property in the state. Subp. 2. Content. The petiti…

4410.1200 EAW CONTENT. The EAW shall address at least the following major categories in the form provided on the worksheet: A. identification including project name, project proposer, and project location; B. procedural details including identification of the RGU, EAW contact per…

4410.1300 EAW FORM. A. The EQB chair shall develop an EAW form to be used by the RGU. The EQB chair may approve the use of an alternative EAW form if an RGU demonstrates the alternative form will better accommodate the RGU's function or better address a particular type of project…

4410.1400 PREPARING EAW. A. The EAW shall be prepared as early as practicable in the development of the proposed project. The EAW shall be prepared by the RGU or its agents. B. When an EAW is to be prepared, the proposer shall submit the completed data portions of the EAW to the …

4410.1500 PUBLISHING AND DISTRIBUTING EAW. A. The RGU shall provide one copy of the EAW to the EQB staff within five days after the RGU approves the EAW. This copy shall serve as notification to the EQB staff to publish the notice of availability of the EAW in the EQB Monitor. At…

4410.1600 EAW COMMENT PERIOD. A. A 30-day period for review and comment on the EAW shall begin the day the EAW availability notice is published in the EQB Monitor. B. Written comments shall be submitted to the RGU during the 30-day review period. The comments shall address the ac…

4410.1700 DECISION ON NEED FOR EIS. Subpart 1. Standard for decision on need for EIS. An EIS shall be ordered for projects that have the potential for significant environmental effects. Subp. 2. Decision-making process. The decision on the need for an EIS shall be made in complia…

4410.2000 PROJECTS REQUIRING EIS. Subpart 1. Purpose of EIS. The purpose of an EIS is to provide information for governmental units, the proposer of the project, and other persons to evaluate proposed projects which have the potential for significant environmental effects, to con…

4410.2100 EIS SCOPING PROCESS. Subpart 1. Purpose. The scoping process shall be used before the preparation of an EIS to reduce the scope and bulk of an EIS, identify only those potentially significant issues relevant to the proposed project, define the form, level of detail, con…

4410.2200 EIS INTERDISCIPLINARY PREPARATION. An EIS shall be prepared using an interdisciplinary approach which will ensure the integrated use of the natural, environmental, and social sciences. The RGU may request that another governmental unit help in the completion of the EIS.…

4410.2300 CONTENT OF EIS. An EIS shall be written in plain and objective language. An RGU shall use a format for an EIS that will encourage good analysis and clear presentation of the proposed action including alternatives to the project. The standard format shall be: A. Cover sh…

4410.2400 INCORPORATION BY REFERENCE IN EIS. An RGU shall incorporate material into an EIS by reference when the effect will be to reduce bulk without impeding governmental and public review of the project. The incorporated material shall be cited in the EIS, and its content shal…

4410.2500 INCOMPLETE OR UNAVAILABLE INFORMATION. If information about potentially significant environmental effects is essential to a reasoned choice among alternatives and is not known and the cost of obtaining it is excessive, the information cannot be obtained within the time …

4410.2550 PRELIMINARY DRAFT EIS OPTION. The proposer of a specific action may include in the information submitted to the RGU a preliminary draft EIS on that action for review, modification, and determination of completeness and adequacy by the RGU. The RGU may allow a proposer o…

4410.2600 DRAFT EIS. Subpart 1. Preparation. A draft EIS shall be prepared consistent with parts 4410.0200 to 4410.6500 and in accord with the scoping determination. Subp. 2. Review and comment; informational meeting. When the draft EIS is completed, the RGU shall make the draft …

4410.2700 FINAL EIS. Subpart 1. Contents. The final EIS shall respond to the timely substantive comments on the draft EIS consistent with the scoping decision. The RGU shall discuss at appropriate points in the final EIS any responsible opposing views relating to scoped issues wh…

4410.2800 DETERMINATION OF ADEQUACY. Subpart 1. Who is to determine. The RGU shall determine the adequacy of the final EIS unless notified by the EQB, on its own initiative or at the request of the RGU, the proposer of the project, or other interested persons, that the EQB will d…

4410.2900 PERMIT DECISIONS IN CASES REQUIRING EIS. A. Within 30 days after the determination of adequacy of a final EIS, final decisions shall be made by the appropriate governmental units on those permits which were identified as required in the scoping process and for which inf…

4410.3000 SUPPLEMENTING EIS. Subpart 1. Applicability. An RGU shall supplement an EIS by preparing a supplemental EIS document in accordance with this part. Subp. 2. EIS addendum. An RGU may make minor revisions to a final EIS by use of an EIS addendum. An EIS addendum may not be…