HF 2965

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; modifying prohibition on 
  1.3             the release of pollutants into state waters; 
  1.4             prohibiting permits for the construction of new open 
  1.5             air swine basins; amending Minnesota Statutes 2000, 
  1.6             section 97C.065; proposing coding for new law in 
  1.7             Minnesota Statutes, chapter 116. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 97C.065, is 
  1.10  amended to read: 
  1.11     97C.065 [POLLUTANTS IN WATERS.] 
  1.12     Subdivision 1.  [PROHIBITION; PENALTIES.] A person may not 
  1.13  dispose of any substance in state waters, or allow any substance 
  1.14  to enter state waters, in quantities that injure or are 
  1.15  detrimental to the propagation of wild animals or taint the 
  1.16  flesh of wild animals.  Each day of violation is a separate 
  1.17  offense.  An occurring or continuous violation is a public 
  1.18  nuisance.  An action may be brought by the attorney general to 
  1.19  enjoin and abate nuisance upon request of the commissioner.  
  1.20     Subd. 2.  [EXEMPTIONS.] This section does not apply to 
  1.21  chemicals used for pest control for the general welfare of the 
  1.22  public.  This section does not apply when release of a substance 
  1.23  into state waters is caused solely by: 
  1.24     (1) an act of God, as defined under section 115B.02, 
  1.25  subdivision 2; 
  1.26     (2) an act of war; 
  2.1      (3) negligence on the part of the state; or 
  2.2      (4) an act of vandalism or sabotage. 
  2.3      Sec. 2.  [116.0714] [NEW OPEN AIR SWINE BASINS.] 
  2.4      After the effective date of this section, the commissioner 
  2.5   of the pollution control agency shall not approve any permits 
  2.6   for the construction of new open air swine basins, except that 
  2.7   existing facilities may use basins of less than 1,000,000 
  2.8   gallons as part of a permitted waste treatment program for 
  2.9   resolving pollution problems or to allow conversion to a 
  2.10  different animal type, provided all standards are met.  This 
  2.11  section expires June 30, 2007. 
  2.12     [EFFECTIVE DATE.] This section is effective the day 
  2.13  following final enactment.