Northern Metal requests Contested Case Hearing

You are receiving this email because you subscribed to notifications on North Minneapolis air monitoring from the Minnesota Pollution Control Agency. If you no longer wish to receive these updates, click the "Preferences" link at the bottom of this email.

Northern Metal requests Contested Case Hearing

The public comment period on the MPCA’s notice of intent to revoke Northern Metals’ air quality permit closed on Friday June 24, 2016.  The MPCA has received more than 1,000 comments since the notice was published on May 20, the majority in support of the permit revocation.  Northern Metal submitted a Request for Contested Case Hearing on June 21.  The MPCA Commissioner will order a contested case hearing before an Administrative Law Judge (ALJ).

ALJs work for the Office of Administrative Hearings (OAH), an office of the State of Minnesota in the executive branch.  The OAH hears cases brought by governmental entities.  In this case, the ALJ will issue a recommendation to the MPCA commissioner.  The commissioner then makes the final decision.  The hearings are usually held at the Office of Administrative Hearings in St. Paul.

The contested case hearing process is very similar to a trial.  Witnesses are called to provide testimony under oath and parties may introduce exhibits into the record. Interested persons may participate in the contested case hearing process.  Minn. Rule 1400.6200 explains how to intervene as a full party to the hearing, and how to provide testimony and present exhibits without becoming a party to the hearing.  Although it is not required by the rules, as a courtesy, an interested person should notify the assigned ALJ in advance of the hearing of their interest in providing testimony.

A date for the hearing depends on the Office’s schedule as well as pre-hearing discovery and motions, and is likely to take some months.  MPCA will provide updates as the process moves forward.

Note:  The contested case hearing is a separate matter from and does not affect the MPCA’s motion for injunction heard in the Ramsey County District Court on June 9.  Judge Guthmann has taken the injunction motion under advisement and has 90 days from the hearing date to rule on the motion. The MPCA is continuing to work with Northern Metals to reduce emissions until either Judge Guthmann rules on the MPCA's motion for a temporary injunction, or the MPCA's administrative permit revocation process is complete.