On mining sand, Winona commissioners strike up the ban - Post-Bulletin

WINONA — One only needs to look at nearly every vote taken concerning the issue of the frac sand mining ban to see how the issue divided Winona County.

Three-to-two. Three-to-two. Three-to-two, and on it went until Nov. 22, when the Winona County Board of Commissioners voted — 3-2 — to ban the mining of silica sand for industrial purposes. The industrial purpose mentioned in the language of the ban: hydraulic fracturing. Companies also cannot store, process or transport silica sand for fracking.

The county-wide ban became the first of its kind in Minnesota, and, according to an article in EcoWatch, an environmental news organization, is believed to be the first in the nation.

A drive through Winona County showed evidence of the fight that pitted neighbor against neighbor and the interests of some rural landowners against urban residents in places like St. Charles and Winona. Signs imploring "No Frac Sand" dotted the landscape along with signs favoring the re-election of County Commissioner Steve Jacob, who along with Commissioner Marcia Ward, opposed the ban.

"When the board changes, all this hard work will be undone," Jacob said at the Oct. 25 meeting where the ban was initially passed.

Jacob, who had proposed an alternative plan to limit frac sand mining in the county — regulating the industry to a maximum of six frac sand mines no larger than 40 acres per mine — made the claim based on past experience. The county board had been tilted against a ban until the 2014 election of Marie Kovecsi, who replaced Wayne Valentine. Kovecsi stated during the campaign that banning frac sand mining was her top reason for running.

Kovecsi, along with board members Jim Pomeroy and Greg Olson, consistently voted for the ban.

While the ban was the biggest story in Southeast Minnesota outside of Rochester in 2016, it is a story that has been brewing for at least the last five years as bans have been considered in Houston, Goodhue and Wabasha counties in the region as well.

The Winona County ban began to take form at the April 12 board meeting when the board agreed to put discussion of a ban on a future agenda. Up to that point, the issue only came up during the public comment period of each board meeting when people would use their two minutes to advocate for a ban.

By April 26, the board had voted — 3-2 — to ask County Attorney Karin Sonneman and other county staff to look into the legality and feasibility of a ban. Particularly, the board focused on a sample ban written by the Land Stewardship Project, a nonprofit organization that advocated for a ban.

The ban from LSP, though, was met with skepticism from Jacob, who worried that a ban would not hold up in court, thereby getting overturned and burdening the county's taxpayers with the legal defense. "(LSP has) come to the conclusion that the easiest step is at the county board level to convince three people we need a ban," Jacob said at the time. "And if we're sued, it's the Winona County taxpayers defending that."

When Sonneman came back with a modified ordinance on June 15, Ward brought Mason jars of silica sand — some unprocessed, some processed for fracking — to the board meeting, noting that the same sand is mined for many purposes. "I don't understand how you can make the distinction that one sand is evil, and one sand is OK," she said.

Jacob, who listed several purposes including the manufacture of glass for solar panels, said, "We can say this isn't singling out one business, but it is." In a rare 4-1 vote, Jacob sided with the other three commissioners simply to get the public input started.

However, public input, no matter the venue or method, seemed to favor a ban. At a June 30 public meeting at the Tau Center, 80 percent of the 74 people who spoke favored a ban. When 109 people stepped up to the microphone at an Oct. 13 public meeting, the pro-ban contingent was only 60 percent of those who spoke. Several solicitations for comments online or via mail to the county were also heavily in favor of a ban.

A couple of weeks later, Johanna Rupprecht, a policy organizer for the LSP, said the time had come. "They've been hearing from people long enough," she said.

Commissioner Olson agreed. "After sitting through every public heading and reviewing all submitted documents, I am ready to make a decision," Olson said.

On Oct 25, two weeks before the election where Olson and Jacob both faced challengers with opposing points of view concerning frac sand mining, the county board voted 3-2 to ban the mining, processing and storage of frac sand in Winona County. The only frac sand that can be transported through the county is that which was mined and processed elsewhere and won't be stopping on county land on its way elsewhere.

"In politics, you rarely get a clear mandate like this," Rupprecht said after the ban was initially passed. "Clearly this is the will of the people."