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Carol A. Overland, Overland Law Office — Utility Regulatory and Land Use Advocacy

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Sand – UNEP’s report

May 7th, 2019

Here in Red Wing, and throughout southeast Minnesota, and along the other side of the river in Wisconsin, sand has been a major issue. Many communities were dragged into this issue when an epidemic of silica sand mines, processing, and transloading facilities sprang up to support fracking for oil. Sand interests got Red Wing’s Mayor ejected when he was both Mayor and Executive Director of sand mining industry’s Minnesota Industrial Sand Council:

Mayor Egan Resigns

Sand was also an issue as Minnesota attempt at, though I’d say avoided, developing sand mining rules:

Someone explain rulemaking to the MPCA

As to sand as a resource, that’s not really been a part of the discussion in these parts. And on that note, the United Nations Environmental Programme (UNEP) has released a report:

Sand and Sustainability UNEP 2019Download

And in the STrib: UN environment agency warns of effects of rising sand use

Check it out!

Posted by Carol A. Overland
Filed in Fracking & Frac Sand, Land Use, Legislative & Policy, Political Sense (non?)
No Comments »

Another Freeborn last minute filing! And AFCL response

September 19th, 2018

Freeborn Wind at the PUC tomorrow.

Watch on line HERE: Live Webcast

ANOTHER LATE FILING!!!  This last minute flurry is indicative of their desperation!  So I guess it’s a good thing, but hey, I’ve got to get ready for the Wind Rulemaking docket that I’ve been trying to get before the Commission for how many years?  Oh well… one thing at a time…

Freeborn Wind’s “Late Filed — Proposed Special Conditions Related to Noise _20189-146486-01

And our response just filed:

AFCL’s Late Filing2_Reply2Freeborn

Oh yeah, we’re going to have fun at the PUC tomorrow.  Watch on line HERE: Live Webcast

And background, yesterday and day before:

AFCL reply to Freeborn Wind’s Motion to Exclude

Freeborn Wind files Motion to Exclude!!

Posted by Carol A. Overland
Filed in Energy, Legislative & Policy, Political Sense (non?), Power Plants - includes Mesaba coal gasification, Wind
No Comments »

Northern Metals rears its ugly head in Becker

April 16th, 2018

Image result for Northern Metals, Minneapolis

Northern Metals was violating its MPCA permit, it also lit on fire.  Ultimately, it was run out of town.

So now it goes to Becker.  How will it NOT violate its permit there?  Oh, right, MPCA will be so lax about it that violation would be a logical, legal, and physical impossibility.

Muller on Northern Metals (primary docs here)  March 26th, 2012

From today’s EQB Monitor:

Project Title: Northern Metals, LLC – Becker

Comment Deadline: May 18, 2018

Project Description: Northern Metals, LLC plans to construct a scrap metal recycling center in the general industrial area in the City of Becker. The Project consists of an enclosed metal shredder, an enclosed metal recovery plant, an end of life vehicle process, and a Community Recycling Center (CRC). The Minnesota Pollution Control Agency will host a public meeting on the proposed expansion of the Northern Metals, LLC – Becker project May 10, 2018, at the Becker Community Center located at 11500 Sherburne Avenue, Becker, MN. The event will begin with an informal open house from 6:00 to 6:30, followed by a presentation from the MPCA and a question and answer session. The MPCA will provide information about the draft air emissions permit and the environmental assessment worksheet (EAW). A copy of the Notice of Availability and the EAW can be found on the MPCA website at the following address: https://www.pca.state.mn.us/eaw [per Kevin Kain, it’ll be posted afternoon 4/16/2018] Minn. R. 4410.100 subp. 1.D.

Responsible Governmental Unit (RGU): Minnesota Pollution Control Agency

RGU Contact Person:
Kevin Kain
520 Lafayette Rd N
St. Paul, MN 55155
651-757-2482
kevin.kain@state.mn.us

Posted by Carol A. Overland
Filed in Disasters
No Comments »

Due TODAY — Comments on HERC

September 11th, 2017

Get to it, folks.  Comments are due TODAY! Here’s mine, and Alan’s, just filed:

Overland Legalectric Comment_HERC-Xcel 17-532

Muller Comments_20179-135413-01

in eDockets, go here to register, it’s quick, it’s easy, and you can post on Public Utilities Commission’s eDockets system.

Notice_20179-135289-01-1

On what? Xcel Energy’s latest plan (part of) to terminate and/or amend outrageously high priced Power Purchase Agreements on incinerators across Minnesota.

Comment period on HERC PPA Amendment

Just filed — hot off the press:

Commerce DER_20179-135384-01

Hennepin County_20179-135389-01

Xcel Energy_20179-135379-01

And check what Commerce DER is at long last admitting, that there’s a generation surplus and transmission is for export:

Not only is there no need, BUT THERE IS NO NEED FOR MINNESOTANS TO PAY FOR MORE TRANSMISSION! But that’s an argument for another day, another docket…

Here’s another snippet:

And check this conclusion reached by MN’s Dept of Commerce – DER in its first round of comments — that Xcel is double dipping:

Here are the DER Comments:

CommerceDER_20178-134456-02

And Comments of Hennepin County:

Hennepin County_20178-134679-01

So far, not even ONE other comment!?!?!
The fundamental problem I have with this is that Xcel Energy and “Hennepin Energy Resource Company” privately reach an agreement that works for them, but screws the public and enables operation of an incinerator that is a money-sucking polluting drain. Listen for that sucking sound…
Now would be a good time to shut it down.
The HERC Burner has been a problem for a long time… and their plan to increase garbage-burning capacity went south.

Burn 200 Tons More Garbage at the HERC Incinerator?

Here’s the Neighbors Against the Burner HERC archive.

From Hennepin County:

Hennepin Energy Recovery Center | Hennepin County

From Politico:

Minneapolis Gets Trashed

Posted by Carol A. Overland
Filed in Energy, Incineration, Land Use, Legislative & Policy, Political Sense (non?), Power Plants - includes Mesaba coal gasification
No Comments »

Comments on Red Wing Ash “Mining” Project

April 15th, 2017

The Tyler Hills Neighbors have filed comments on the MPCA’s Findings of Facts, Conclusions of Law and Order for Negative Declaration on Need for an Environmental Impact Statement:

Comments – Tyler Hills Neighbors_4-12-2017

Here’s the MPCA’s Findings of Facts, Conclusions of Law and Order for Negative Declaration on Need for an Environmental Impact Statement:

Lab USA FOF (MPCA Final)

Why file anything?  Well, there are three major problems:

  1. The MPCA states that French Island ash isn’t in the landfill, isn’t being dumped there!
  2. Their delineation of the Water Tank Mounds is way off.
  3. The project proposer changed the plan because there was a leachate issue, but now that they’re collecting the leachate it needs to be dumped back into the landfill to utilize the landfill leachate system.

This isn’t rocket science folks — how can you be so off on these things?

Posted by Carol A. Overland
Filed in Land Use, Legislative & Policy, Political Sense (non?)
1 Comment »
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