St. Paul, Minn.-The Minnesota Department of Agriculture (MDA) is reviewing whether to grant a permit for an expanded anhydrous storage facility in Montevideo that is being challenged by a resident who insists the tanks would be too close to numerous homes, a park for children, and a campground. Kim Johnson is so determined that the plans by the Farmers Union Co-op Oil Company (Cenex) are a community risk that he’s voiced his concerns to the city council and taken his case to district court. Johnson and his wife, along with several neighbors, live within 400 feet of where one of the tanks would be located. According to MDA regulations, permanent storage must not be less than 400 feet from any residence, school, hospital, or other place of public assembly if the total storage capacity is 100,000 gallons or less, and 1,000 feet if more than 100,000 gallons. Reports in the local press stated that the district judge ruled that Johnson’s concerns about setback distances, health, safety, and traffic, as well as the potential harm to the value of his property, had not been adequately addressed and remanded the matter to the city. Of course the city doesn’t have the final say about permitting the tanks themselves, which is up to the state. MDA spokeswoman Margaret Hart told Green Markets that the tank permit has not been granted, and if and when it is, there is no variance allowed on the 400 feet rule. “The tank could not be placed within 400 feet from a dwelling,” Hart noted. “(But) it could be located within 400 feet of a building not considered a dwelling (another building on the company’s property), and that is what is being reviewed.” She noted that recommendations are being sought from the department’s attorney.
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