Minnesota Administrative Code

4410.3700 MODEL ORDINANCE. Subpart 1. Application. The model ordinance set out in subpart 3 may be utilized by any local governmental unit that adopts the ordinance in lieu of parts 4410.1000 to 4410.3100 for projects that qualify for review under the ordinance. Subp. 2. Notice. …

4410.3800 GENERIC EIS. Subpart 1. Order. A generic EIS may be ordered by the EQB to study types of projects that are not adequately reviewed on a case-by-case basis. Subp. 2. RGU. The EQB may be the RGU for the generic EIS or may designate another governmental unit to be the RGU,…

4410.3900 JOINT FEDERAL AND STATE ENVIRONMENTAL DOCUMENTS. Subpart 1. Cooperative processes. Governmental units shall cooperate with federal agencies to the fullest extent possible to reduce duplication between Minnesota Statutes, chapter 116D, and the National Environmental Poli…

4410.4000 TIERED EIS. A. An RGU may use a series of tiered EISs to fulfill environmental review requirements for an action where decisions on which alternative to select must be made in stages, progressing from the general to the specific. Prior to each decision which would elimi…

4410.4100 REVIEW OF ENERGY PROJECTS UNDER MINNESOTA STATUTES, CHAPTER 216I. Any large energy infrastructure facility project or solar energy generating system project must follow the RGU selection and review requirements in Minnesota Statutes, chapter 216I, and rules adopted ther…

4410.4300 MANDATORY EAW CATEGORIES. Subpart 1. Threshold test. A. Except as otherwise provided in this subpart, an EAW must be prepared for projects that meet or exceed any threshold in this part, unless the project meets or exceeds any thresholds of part 4410.4400, in which case…

4410.4400 MANDATORY EIS CATEGORIES. Subpart 1. Threshold test. A. Except as provided in item B, an EIS must be prepared for projects that meet or exceed any threshold in this part. Multiple projects and multiple stages of a single project that are connected actions or phased acti…

4410.4500 DISCRETIONARY EAW. A governmental unit with jurisdiction may order the preparation of an EAW for any project that does not exceed the mandatory thresholds designated in part 4410.4300 or 4410.4400 if the governmental unit determines that because of the nature or locatio…

4410.4600 EXEMPTIONS. Subpart 1. Scope of exemption. Projects within subparts 2 and 26 are exempt from parts 4410.0200 to 4410.6500. Projects within subparts 3 to 25 and 27 are exempt from parts 4410.0200 to 4410.6500, unless they have characteristics which meet or exceed any of …

4410.5000 AUTHORITY AND PURPOSE. Subpart 1. Bulletin. To provide early notice of impending projects which may have significant environmental effects, the EQB shall, pursuant to Minnesota Statutes, section 116D.04, subdivision 8, publish a bulletin with the name of "EQB Monitor" c…

4410.5100 EXEMPTIONS. Subpart 1. EPA permit exemption. All national pollutant discharge elimination system permits granted by the PCA, under the authority given by the Environmental Protection Agency, shall be exempt from parts 4410.5000 to 4410.5600 unless otherwise provided by …

4410.5200 EQB MONITOR; PUBLICATION REQUIREMENTS. Subpart 1. Required notices. Governmental units are required to publish notice of the items listed in items A to R in the EQB Monitor, except that this part constitutes a request and not a requirement with respect to federal agenci…

4410.5300 CONTENT OF NOTICE. The information to be included in the notice for natural resources management and development permit applications and other items in part 4410.5200, subpart 1, items A and B shall be submitted by the governmental unit on a form approved by the EQB. Th…

4410.5400 STATEMENT OF COMPLIANCE. Each governmental permit or agency authorizing order subject to the requirements of part 4410.5200, subpart 1, item A issued or granted by a governmental unit shall contain a statement by the unit concerning whether the provisions of parts 4410.…

4410.5500 PUBLICATION. The EQB shall publish the EQB Monitor whenever it is necessary, except that material properly submitted to the EQB shall not remain unpublished for more than 13 working days. Statutory Authority: MS s 116D.04 Published Electronically: November 30, 2009

4410.5600 COST AND DISTRIBUTION. Subpart 1. Costs of publication. When a governmental unit properly submits material to the EQB for publication, the EQB shall then be accountable for the publication of the same in the EQB Monitor. The EQB shall require each governmental unit whic…

4410.6000 PROJECTS REQUIRING ASSESSMENT OF EIS PREPARATION COST. The RGU shall assess the project proposer for reasonable costs that the RGU incurs in preparing, reviewing, and distributing the EIS in accord with parts 4410.6100 to 4410.6500. Statutory Authority: MS s 14.388; 116…

4410.6100 DETERMINING EIS ASSESSED COST. Subpart 1. Proposer and RGU agreement. Within 30 days after the RGU's scoping decision has been issued, the RGU shall submit to the proposer a draft cost agreement. The agreement shall include the EIS estimated cost and a brief description…

4410.6200 DETERMINING EIS COST. Subpart 1. EIS cost inclusions. In determining the reasonable cost of preparing, reviewing, and distributing the EIS, the following items shall be included: A. the cost of the RGU's staff time including direct salary and fringe benefit costs, unles…

4410.6410 DISAGREEMENTS REGARDING EIS ASSESSED COST. Subpart 1. EQB to determine cost. If, after the RGU has issued its scoping decision under part 4410.2100, the RGU and the proposer disagree about the cost assessed by the RGU to the proposer, either party may request in writing…

4410.6500 PAYING EIS COST. Subpart 1. Schedule of payments. The proposer shall make all cash payments to the RGU according to the following schedule: A. The proposer shall pay the RGU for the full cost estimated by the RGU to be necessary for the scoping of the EIS not later than…

4410.7010 [Renumbered 7849.7010] Published Electronically: November 30, 2009

4410.7020 [Renumbered 7849.7030] Published Electronically: November 30, 2009

4410.7025 [Renumbered 7849.7040] Published Electronically: November 30, 2009

4410.7030 [Renumbered 7849.7050] Published Electronically: November 30, 2009

4410.7035 [Renumbered 7849.7060] Published Electronically: November 30, 2009

4410.7040 [Renumbered 7849.7070] Published Electronically: November 30, 2009

4410.7045 [Renumbered 7849.7080] Published Electronically: November 30, 2009

4410.7050 [Renumbered 7849.7090] Published Electronically: November 30, 2009

4410.7055 REVIEW BY OTHER GOVERNMENTAL BODIES. All local and state governmental bodies that were identified in the environmental report with permitting authority over the project shall consider the report in making any decision to authorize the project. Statutory Authority: MS s …

4410.7060 [Renumbered 7849.7100] Published Electronically: November 30, 2009

4410.7065 [Renumbered 7849.7105] Published Electronically: November 30, 2009

4410.7070 [Renumbered 7849.7110] Published Electronically: November 30, 2009

4410.7100 MR 1985 [Renumbered 7850.0200] 4410.7100 [Repealed, 28 SR 951] Published Electronically: November 30, 2009

4410.7900 DEFINITIONS. Subpart 1. Scope. The definitions in Minnesota Statutes, section 116C.71, apply to parts 4410.7900 to 4410.7934, and for the purposes of those parts, the following terms have the meanings given them. Subp. 2. Affected landowner. "Affected landowner" means a…

4410.7902 PREAPPLICATION RESPONSIBILITIES OF APPLICANT. A. Pursuant to Minnesota Statutes, section 116C.724, subdivision 3, paragraph (c), the applicant shall provide a notice of intent in writing to the chair at least ten days prior to initiating any contact with any landowner/t…

4410.7904 LICENSING EXPLORERS. An applicant must comply with Minnesota Statutes, section 103I.601, subdivision 2, and parts 4727.0400 to 4727.0860, relating to the regulation of exploratory boring. Statutory Authority: MS s 116C.724; 116C.991; 116D.04; 116D.045; L 2013 c 114 art …

4410.7906 PROCEDURE FOR ISSUING DRILLING PERMIT. Subpart 1. Drilling permit required. A drilling permit shall be obtained from the board for each potentially impacted area prior to commencing any drilling to obtain geologic and hydrologic information, other than the drilling of g…

4410.7908 INFORMATION MEETINGS. Subpart 1. Information meetings required. The applicant or permittee, as appropriate, shall hold public information meetings as required by Minnesota Statutes, section 116C.724, subdivision 3, paragraph (b). A. The applicant shall hold one public m…

4410.7910 HEARING PROVISIONS. A contested case hearing under Minnesota Statutes, chapter 14, and parts 1400.5100 to 1400.8300 shall be held by the board for the purposes of collecting and verifying data, and establishing a complete and accurate record upon which to base a decisio…

4410.7912 BOARD CONSIDERATION. Subpart 1. Consideration and approval of the drilling permit application. After acceptance of the application by the chair, and consideration of the findings, conclusion, and recommendation of the administrative law judge, the board shall either app…

4410.7914 RIGHT-OF-WAY CLEARANCE AND MAINTENANCE. A. The permittee shall ensure that it clears the right-of-way only to the extent necessary to assure safe drilling operations and to provide suitable access for construction and operation. B. Equipment used in right-of-way prepara…

4410.7916 EMERGENCY NOTIFICATION. The applicant or permittee, as appropriate, shall promptly notify the chair, the commissioner of health, the commissioner of natural resources, the Pollution Control Agency, and the agent of a community health board as authorized under Minnesota …

4410.7918 LOCATION OF DRILL HOLES. A permittee shall comply to the extent practicable with the following standards with respect to location of a drill hole. A. A drill hole shall be located: (1) when possible on a right-of-way that has good surface drainage, at a higher elevation…

4410.7920 DRILL HOLE CONSTRUCTION STANDARDS. A permittee shall comply with the following standards with respect to construction of a drill hole. A. Drill holes shall be constructed in such a fashion as to facilitate testing and prevent any contamination of aquifers. B. Drill hole…

4410.7922 USING DRILL HOLE FOR DISPOSAL PROHIBITED. A drill hole shall not be used by the permittee for disposal of surface water, near surface water or groundwater or any other liquid, gas, chemical, or solid waste including drilling fluids. Statutory Authority: MS s 116C.724 Hi…

4410.7924 CLEANUP PROCEDURES. A permittee shall comply with the following cleanup procedures. A. Cleanup of personal litter, including cans, bottles, and paper, deposited by drilling operation or right-of-way preparation crews on and off the right-of-way shall be on a daily and c…