Using Professional Advisors Even before beginning the environmental evaluation, the entrepreneur often will decide whether to perform that evaluation himself or herself, or engage an accountant or attorney to assist him or her. Professional advisors, such as attorneys and accountants, can greatly enhance an entrepreneur’s review of a potential business. This is true for at…
Environmental Audit Program Environmental auditing is a process of examining a facility to determine how well its operations are complying with local, state and federal environmental regulations. This program encourages businesses and other organizations to conduct their own environmental audits and correct any problems they may discover. The intent of the program is to focus…
“Brownfields” Sites “Brownfield” is a term for industrial or commercial properties that are candidates for redevelopment but sit idle due to actual or suspected contamination. Cities, development agencies, counties and other groups have identified land that would be attractive to developers if information about environmental status of these sites were available. For sites where no…
“Brownfields” Sites “Brownfield” is a term for industrial or commercial properties that are candidates for redevelopment but sit idle due to actual or suspected contamination. Cities, development agencies, counties and other groups have identified land that would be attractive to developers if information about environmental status of these sites were available. For sites where no…
Exclusions from the Amended Rule The following relationships are excluded from the amended Rule. Although each of these relationships may have some superficial similarities with a franchise relationship, none of them meet the definitional elements of the term “franchise,” and should not be confused with a franchise relationship. Employer-Employee Relationship Exclusion Bona fide employer-employee relationships…
Properties Where Environmental Assessments Have Not Been Completed Over the past few years, it has become standard practice for those involved in land transfers to perform an environmental assessment of the property before sale. Buying or developing land, particularly in former or current industrial-use areas, can pose problems if all parties involved do not know…
Small Business Ombudsman The Small Business Ombudsman serves as a representative, or a liaison, for small businesses in their interactions with the MPCA. The Ombudsman offers the following services: confidential assistance to small businesses involving regulations and compliance; resolution of complaints or disputes involving regulations and small businesses; help in identifying funding sources to purchase…
Compliance Assistance MPCA Publications The MPCA offers free fact sheets to assist the regulated community. For a list of available fact sheets, contact the MPCA or access it on the MPCA website at www.pca.state.mn.us under Publications within the program pages. In addition, the MPCA publishes an “Environmental Guide for Small Business in Minnesota,” created to…
The “Insiders” Exemption The amended Rule adds a new exemption for franchise sales to the officers, directors, general partners, managers (collectively “officers”), and owners of a franchisor. The prerequisites to qualify for this exemption differ depending upon whether the individual franchise purchaser is an officer, director, general partner, or manager, on the one hand, or…
Solid Waste Management County Waste-Management Plans The Minnesota Legislature gave primary responsibility for solid-waste management to the state’s 87 counties. Contact the county solid-waste officer for details about the county waste-management plan, which outlines waste disposal options for businesses and for information about relevant ordinances. This plan, developed by the county and approved by the…
Air Pollution Control Requirements Minnesota businesses must comply with MPCA rules to protect air quality. Some rules apply even though the business will not have air emissions requiring permits. Motor Vehicle Emission Controls Owners of businesses that operate motor vehicle fleets should be aware that it is contrary to state rules and federal regulations to…
Permits for Categorical Industries Certain types of industries are required to be regulated under the Clean Water Act even if they discharge their wastewater to a municipal sanitary system. Examples of these industries are: pulp and paper mills; most food processing plants; textile mills; chemical manufacturing plants; electroplating companies; plastics and other synthetics manufacturers; fertilizer…
Large Franchisee Exemption The amended Franchise Rule exempts franchise offers and sales to large entities – such as airports, hospitals, and universities – that have been in business for at least five years and have a net worth of at least $5 million. What Type of Business Experience Is Required? To qualify for the exemption,…
State Disposal System Permits State disposal system permits are required for disposal of wastewater other than to surface waters, including large septic tank and drainfield systems and spray irrigation of wastewater. The need for an SDS permit may be satisfied by certain construction or operating practices; these must be evaluated on a case-by-case basis. Only…
Storm-Water Discharge Permits Certain types of industrial facilities must apply for a storm-water discharge permit from the MPCA. In addition, storm-water permits may be required for certain construction activities. Minnesota’s storm-water permitting program is designed to help improve the quality of the state’s waters by reducing or eliminating the chemicals and sediments carried into surface…
Large Franchise Investment Exemption The amended Rule exempts franchise offers and sales where the initial investment is atleast $1 million, excluding the cost of unimproved land and any franchisor (or affiliate)financing. In addition, the prospective franchisee must sign an acknowledgment that thefranchise sale is exempt from the Franchise Rule because the prospective franchisee will bemaking…
National Pollutant Discharge Elimination System (NPDES) Permits NPDES permits are required for any discharge of wastewater into surface waters, including noncontact cooling water and air-conditioning or heat-pump water. NPDES permits are not required if the discharge is to a publicly-owned sanitary sewer system. However, local permits may be required – check with your local municipality….
Feedlot Permits The Minnesota Pollution Control Agency regulates the collection, transportation, storage, processing and disposal of animal manure. The Feedlot Program implements rules governing these activities. MPCA is the principal agency for regulating feedlots in Minnesota. In addition, many counties administer the program for feedlots under 1,000 animal units. A National Pollution Discharge Elimination System…
Storage Tanks Tank owners are required to register their tanks with the MPCA. Owners of regulated underground storage tanks (USTs) and above ground storage tanks (ASTs) must report information such as tank age, size, and contents within 30 days after installation of a new tank, or within 30 days after any changes in tank ownership,…
Does a Non-Solicitation Agreement Need Independent Consideration? The question is whether a non-solicitation agreement in Minnesota requires consideration similar to that required of non-compete agreements. The short answer is yes, non-solicitation agreements do require independent consideration similar to that required of non-compete agreements.
Oral Agreements The amended Rule exempts purely oral relationships that lack any written evidence of a material term of the franchise relationship or agreement, as a matter of policy, to avoid problems of proof in its enforcement. However, the exemption does not apply when there is any writing, even if unsigned, with respect to a…
Generators Very Small Quantity Generators (VSQG) If less than 220 pounds (or 100 kilograms) of hazardous waste is generated each month, the generator can accumulate up to 2,200 pounds (1,000 kg) indefinitely. Once this amount (about four drums of liquid) has accumulated, the generator has 180 days to have it transported off-site to a storage,…
Hazardous Waste Minnesota has an extensive program for the “cradle-to-grave” management of hazardous waste. Every business in Minnesota is responsible for determining if the waste it produces is hazardous. Many types of businesses, organizations, non-profit groups and governments generate hazardous waste in the course of providing their products or services, including but not limited to…
The Minnesota Pollution Control Agency As noted above, several state agencies have responsibilities for environmental protection. The Minnesota Pollution Control Agency (MPCA) is the agency specifically charged with efforts to eliminate, reduce or control the levels of pollution in the environment. It is the principal agency for permitting associated with air quality and water quality,…
Fractional Franchise Exemption The amended Rule exempts the sale of fractional franchises. A fractional franchise relationship is created when the following two elements are present at the start of the relationship: The franchisee, any of the franchisee’s current directors or officers, or any current directors or officers of a parent or affiliate, has more than…
Environmental Review Certain projects (for example, the construction or expansion of commercial or industrial facilities) can trigger specialized environmental review intended to prevent damage to environmental resources as a result of private or public development projects. This preventive planning approach helps identify and mitigate possible environmental problems while the project is still in the planning…
Environmental Protection Programs The Legislature has declared in statute that each person in Minnesota has a right to the protection, preservation and enhancement of air, water, land and other natural resources, and that each person also has the responsibility to contribute to the protection, preservation and enhancement of those resources. To secure and advance that…
Business Licenses And Permits In General The startup, operation or expansion of a business in Minnesota may involve securing one or more business, occupational or environmental licenses or permits. Those licenses and permits fall into a number of categorical groupings according to purpose: Licenses and permits to ensure the competency of practitioners of a business,…
Minimum Payment Exemption Exempt from the Franchise Rule are franchise sales where “the total of the required payments, or commitments to make a required payment, to the franchisor or an affiliate that are made any time from before to within six months after commencing operations of the franchisee’s business is less than $500.” A franchisee…
Evaluating A Business Opportunity Some General Considerations When buying an existing business, investing in a franchise, or beginning a new business, the entrepreneur should thoroughly evaluate the business opportunity he or she is considering. This step is very important but often overlooked; many times, a person’s hopes for a business cloud his or her judgment….