9.a List of Regulatory Agency OversightList of Regulatory Agency Oversight for the Tiller – Scandia Facility
Unit of Government and
Applicable Regulations
Description of Regulatory Authority as it relates to
the Scandia Facility
Applicable Permit or Compliance
Initiatives
US Environmental
Protection Agency (EPA)
1. Clean Air Act
2. Clean Water Act
1. Regulates air emissions from stationary and mobile
sources.
2. Establishes Federal Ambient Air Standards;
3. Regulates discharges of pollutants into the waters
of the U.S.
4. Establishes water quality standards for
contaminants in surface waters.
5. Adoption of National Pollutant Discharge
Elimination System (NPDES) Permit Program.
1. Air Emissions permit issued by the
MPCA.
2. NPDES permit issued by the MPCA.
(The MPCA has been approved to
administer these federal regulations)
Mine Safety and Health
Administration (MSHA), US
Department of Labor
1. Federal Mine Safety
and Health Act,
amended by the Mine
Improvement and
New Emergency
Response (MINER) Act
1. MSHA responsible for inspection of mines and
applicable enforcement actions.
2. Investigating mine accidents and hazardous
condition complaints.
3. Developing improved mandatory safety and health
standards.
4. Programs for the education and training of miners.
5. Rules are established and enforced to promote
safe and healthful workplaces for U.S. miners.
1. Permit is not issued. A notification to
MSHA is made at the
commencement of mine processing
and/or reclamation operations.
Inspections do occur and may result
in enforcement action.
US Army Corps of
Engineers (USACE)
1. Section 404 of the
Clean Water Act
1. USACE administers the Section 404 program which
protects water resources, including certain
wetlands, by regulating the discharge of dredged or
fill material into streams, rivers and wetlands.
2. Regulates delineations and jurisdictional
determinations.
3. Enforces Section 404 provisions.
1. The limits of mining for the Scandia
Facility were developed to avoid
impacts to wetlands located on the
property.
United States Fish and
Wildlife Service (FWS)
1. Endangered Species
Act
1. Protects critically imperiled species from
extinction.
1. No impacts are proposed that would
require a permit under the
Endangered Species Act.
Minnesota Department of
Natural Resources (DNR)
1. Water Appropriation
2. Work in Public Waters
3. Shoreland and
Floodplain
Management
4. Endangered,
Threatened, Special
Concern Species
1. Minnesota Statute requires DNR to manage water
resources to ensure an adequate supply and
balance competing management objectives that
include both development and protection of MN’s
water resources.
2. DNR Regulates any work completed below the
NWL of a public water.
3. Establishes standards and criteria for use within
and development of shorelands to preserve and
enhance the quality of surface waters (enforced
through local land use permit).
4. Regulates treatment of species designated by state
as endangered or threatened.
1. Water Appropriation Permit 1986-
6193.
2. No impacts are proposed that would
involve work in public waters.
3. The limits of mining are located
outside of Shoreland or Floodplain
Management Areas.
4. The Blanding’s Turtle, a state listed
threatened species has been
identified within 1-mile of the site.
Management and protection
measures recommended by DNR
have been implemented at the site.
Minnesota Pollution
Control Agency (MPCA)
1. Air Emissions
2. NPDES Stormwater
3. Noise Rules
4. Fuel Storage
1. Establishes state ambient air standards.
2. MPCA is authorized to administer and implement
the federal air quality rules including permitting,
administrative, and enforcement aspects.
3. MPCA is authorized to administer the EPA’s NPDES
Program, including permitting, administrative, and
enforcement aspects.
4. MPCA has adopted and enforces rules regulating
sound levels from facilities at adjacent receptors
based on land uses.
1. The sand and gravel operation is
regulated by Air Emission Permit NO.
05301018-002 State General Permit.
The asphalt plant operates under
Registration Permit-Option D,
Facility ID 16300050.
2. NPDES/SDS MNG490010 includes
implementation of a stormwater
pollution prevention plan and spill
5. Establishes regulations for above and below
ground tanks, including secondary containment,
inspections, locational standards, and spill
reporting among others.
prevention, control and
countermeasure plan.
3. Noise regulation is included in Air
Permit.
4. Tanks are registered with the
Storage Tank Program. MPCA Site ID
51999 is for the asphalt plant and
MPCA Site ID 55016 is for the sand
and gravel operation.
Minnesota Department of
Health (MDH)
1. Well Construction and
Sealing
1. The MDH regulates well construction and well
sealing activities including the licensing of
contractors who construct, repair, modify and seal
wells and borings in accordance with state statute.
1. Well sealing or any new well
construction must comply with MDH
statutes and rules. All seven wells
located at the Scandia Facility are
permitted by MDH.
Minnesota Board of Water
and Soil Resources (BWSR)
1. Minnesota Wetland
Conservation Act
(WCA)
2. BWSR administers the state WCA which regulates
activities associated with state wetlands including
delineations, impacts and replacement activities.
1. The limits of mining were developed
to avoid impacts to wetlands located
on the property.
Washington County
Department of Public
Health and Environment
1. Solid Waste
Management
Ordinance.
2. Hazardous Waste
Management
Ordinance.
1. Washington County authorizes the storage of
unprocessed concrete, concrete products and brick
through a Solid Waste Storage Facility License
reviewed annually and may include an annual
inspection.
2. Washington County authorizes the storage and
processing of recycled asphalt products through a
Solid Waste Recycling Facility License reviewed
annually and may include an annual inspection.
3. Washington County is authorized to administer EPA
Hazardous Waste Rules for sites classified as a Very
Small Quantity Generator (VSQG), reviewed
annually and may include an annual inspection.
1. The Solid Waste Storage Facility and
Solid Waste Recycling Facility
Licenses are reissued annually.
2. The site EPA ID Number is MND 981
953 417 and a Very Small Quantity
Hazardous Waste Generator License
is reissued annually for the small
amount of chemicals utilized by the
QM Lab.
City of Scandia
1. Conditional Use
Permit (CUP)
2. Annual Operator’s
Permit (AOP)
3. Development Code,
Chapter 4, Ordinance
No. 103
4. Local Government
Authority (LGU) in the
administration of
WCA.
1. The City of Scandia regulates the development,
operation and reclamation of sand and gravel
mining operations and related activities including
permitting, administrative, annual review and an
annual inspection.
2. The City serves as the LGU in the administration of
WCA which regulates activities associated with
state wetlands including delineations, impacts and
replacement activities.
1. CUPs issued in 2008 for the Tiller
Mine and Dresel Mine which both
comprise the site.
2. AOP reissued annually.
3. The limits of mining were developed
to avoid impacts to wetlands located
on the property.
Carnelian Marine Saint
Croix Watershed District
(CMSCWD)
1. Stormwater
Management
2. Erosion and Sediment
Control
1. The CMSCWD has adopted and enforces rules
regulating stormwater management and erosion
and sediment control through permitting,
administrative, annual review and an annual
inspection.
1. CMSCWD Permit 08-003.