HF 2798

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; allowing alternative uses for 
  1.3             certain feedlot penalty orders; amending Minnesota 
  1.4             Statutes 1998, section 116.072, subdivision 1; 
  1.5             Minnesota Statutes 1999 Supplement, section 116.072, 
  1.6             subdivision 13. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 116.072, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [AUTHORITY TO ISSUE PENALTY ORDERS.] (a) 
  1.11  The commissioner may issue an order requiring violations to be 
  1.12  corrected and administratively assessing monetary penalties for 
  1.13  violations of this chapter and chapters 114C, 115, 115A, 115D, 
  1.14  and 115E, any rules adopted under those chapters, and any 
  1.15  standards, limitations, or conditions established in an agency 
  1.16  permit; and for failure to respond to a request for information 
  1.17  under section 115B.17, subdivision 3.  The order must be issued 
  1.18  as provided in this section. 
  1.19     (b) A county board may adopt an ordinance containing 
  1.20  procedures for the issuance of administrative penalty orders and 
  1.21  may issue orders beginning August 1, 1996.  Before adopting 
  1.22  ordinances, counties shall work cooperatively with the agency to 
  1.23  develop an implementation plan for the orders that substantially 
  1.24  conforms to a model ordinance developed by the counties and the 
  1.25  agency.  After adopting the ordinance, the county board may 
  1.26  issue orders requiring violations to be corrected and 
  2.1   administratively assessing monetary penalties for violations of 
  2.2   county ordinances adopted under section 400.16, 400.161, or 
  2.3   473.811 or chapter 115A that regulate solid and hazardous waste 
  2.4   and any standards, limitations, or conditions established in a 
  2.5   county license issued pursuant to these ordinances.  For 
  2.6   violations of ordinances relating to hazardous waste, a county's 
  2.7   penalty authority is described in subdivisions 2 to 5.  For 
  2.8   violations of ordinances relating to solid waste, a county's 
  2.9   penalty authority is described in subdivision 5a.  Subdivisions 
  2.10  6 to 11 apply to violations of ordinances relating to both solid 
  2.11  and hazardous waste.  
  2.12     (c) Monetary penalties collected by a county must be used 
  2.13  to manage solid and hazardous waste.  A county board's authority 
  2.14  is limited to violations described in paragraph (b).  Its 
  2.15  authority to issue orders under this section expires August 1, 
  2.16  1999 2005.  
  2.17     Sec. 2.  Minnesota Statutes 1999 Supplement, section 
  2.18  116.072, subdivision 13, is amended to read: 
  2.19     Subd. 13.  [FEEDLOT ADMINISTRATIVE PENALTY ORDERS.] (a) 
  2.20  Prior to the commissioner or a county board proposing an 
  2.21  administrative penalty order to a feedlot operator for a 
  2.22  violation of feedlot laws or rules, the agency or county board 
  2.23  staff who will determine if a penalty is appropriate and who 
  2.24  will determine the size of the penalty shall offer to meet with 
  2.25  the feedlot operator to discuss the violation, and to allow the 
  2.26  feedlot operator to present any information that may affect any 
  2.27  agency or county board decisions on the administrative penalty 
  2.28  order. 
  2.29     (b) Notwithstanding subdivision 5, for serious feedlot law 
  2.30  or rule violations for which an administrative penalty order is 
  2.31  issued under this section, not less than 75 percent of the 
  2.32  penalty may must be forgiven if: 
  2.33     (1) the abated penalty is used for approved measures to 
  2.34  mitigate the violation for which the administrative penalty 
  2.35  order was issued or for environmental improvements to the farm; 
  2.36  and 
  3.1      (2) the commissioner determines that the violation has been 
  3.2   corrected or that appropriate steps are being taken to correct 
  3.3   the action. 
  3.4      Sec. 3.  [EFFECTIVE DATE.] 
  3.5      Sections 1 and 2 are effective the day following final 
  3.6   enactment.