as introduced - 90th Legislature (2017 - 2018) Posted on 02/27/2018 08:26am
A bill for an act
relating to environment; prohibiting Pollution Control Agency from issuing
administrative penalty order to operator of publicly owned treatment works until
certain conditions have been satisfied; amending Minnesota Statutes 2016, section
116.072, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2016, section 116.072, is amended by adding a subdivision
to read:
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To the extent allowable under federal law,
the commissioner must not issue an administrative penalty order to the operator of a publicly
owned treatment works for violating any new or modified effluent limitation adopted after
construction of the treatment works begins until both of the following conditions are satisfied:
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(1) five years have elapsed since the commissioner issued the operator of the treatment
works a notice of violation or an alleged violation letter that describes the violation; and
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(2) 100 percent of the money required to upgrade, modify, or replace the treatment works
facility in a manner that corrects the violation is available to the operator of the treatment
works through programs operated by the Public Facilities Authority, the federal government,
or other sources.
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This section is effective the day following final enactment.
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