1.1                          A bill for an act 
  1.2             relating to the environment; requiring vapor recovery 
  1.3             equipment for gasoline deliveries in the metropolitan 
  1.4             area; providing penalties; amending Minnesota Statutes 
  1.5             2002, sections 115C.09, by adding a subdivision; 
  1.6             116.073, subdivisions 1, 2; 116.46, by adding 
  1.7             subdivisions; 116.49, by adding subdivisions; 116.50. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 115C.09, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 3i.  [RETAIL LOCATIONS AND TRANSPORT VEHICLES.] (a) 
  1.12  As used in this subdivision, "retail location" means a facility 
  1.13  located in the metropolitan area as defined in section 473.121, 
  1.14  subdivision 2, where gasoline is offered for sale to the general 
  1.15  public for use in automobiles and trucks.  "Transport vehicle" 
  1.16  means a liquid fuel cargo tank used to deliver gasoline into 
  1.17  underground storage tanks during 2002 at a retail location. 
  1.18     (b) Notwithstanding any other provision in this chapter, 
  1.19  and any rules adopted under this chapter, the board shall 
  1.20  reimburse 90 percent of an applicant's cost for retrofits of 
  1.21  retail locations and transport vehicles completed between 
  1.22  January 1, 2001, and January 1, 2006, to comply with section 
  1.23  116.49, subdivisions 3 and 4, provided that the board determines 
  1.24  the costs were incurred and reasonable.  The reimbursement may 
  1.25  not exceed $3,000 per retail location and $3,000 per transport 
  1.26  vehicle. 
  2.1      Sec. 2.  Minnesota Statutes 2002, section 116.073, 
  2.2   subdivision 1, is amended to read: 
  2.3      Subdivision 1.  [AUTHORITY TO ISSUE.] (a) Pollution control 
  2.4   agency staff designated by the commissioner and department of 
  2.5   natural resources conservation officers may issue citations to a 
  2.6   person who: 
  2.7      (1) disposes of solid waste as defined in section 116.06, 
  2.8   subdivision 22, at a location not authorized by law for the 
  2.9   disposal of solid waste without permission of the owner of the 
  2.10  property; 
  2.11     (2) fails to report or recover discharges as required under 
  2.12  section 115.061; or 
  2.13     (3) fails to take discharge preventive or preparedness 
  2.14  measures required under chapter 115E; or 
  2.15     (4) fails to install or use vapor recovery equipment during 
  2.16  the transfer of gasoline from a transport delivery vehicle to an 
  2.17  underground storage tank as required in section 116.49, 
  2.18  subdivisions 3 and 4. 
  2.19     (b) In addition, pollution control agency staff designated 
  2.20  by the commissioner may issue citations to owners and operators 
  2.21  of facilities dispensing petroleum products who violate sections 
  2.22  116.46 to 116.50 and Minnesota Rules, chapters 7150 and 7151 and 
  2.23  parts 7001.4200 to 7001.4300.  A citation issued under this 
  2.24  subdivision must include a requirement that the person cited 
  2.25  remove and properly dispose of or otherwise manage the waste or 
  2.26  discharged oil or hazardous substance, reimburse any government 
  2.27  agency that has disposed of the waste or discharged oil or 
  2.28  hazardous substance and contaminated debris for the reasonable 
  2.29  costs of disposal, or correct any storage tank violations. 
  2.30     (c) Until June 1, 2004, citations for violation of sections 
  2.31  115E.045 and 116.46 to 116.50 and Minnesota Rules, chapters 7150 
  2.32  and 7151, may be issued only after the owners and operators have 
  2.33  had a 90-day period to correct violations stated in writing by 
  2.34  pollution control agency staff, unless there is a discharge 
  2.35  associated with the violation or the violation is of Minnesota 
  2.36  Rules, part 7151.6400, subpart 1, item B, or 7151.6500. 
  3.1      Sec. 3.  Minnesota Statutes 2002, section 116.073, 
  3.2   subdivision 2, is amended to read: 
  3.3      Subd. 2.  [PENALTY AMOUNT.] The citation must impose the 
  3.4   following penalty amounts: 
  3.5      (1) $100 per major appliance, as defined in section 
  3.6   115A.03, subdivision 17a, up to a maximum of $2,000; 
  3.7      (2) $25 per waste tire, as defined in section 115A.90, 
  3.8   subdivision 11, up to a maximum of $2,000; 
  3.9      (3) $25 per lead acid battery governed by section 115A.915, 
  3.10  up to a maximum of $2,000; 
  3.11     (4) $1 per pound of other solid waste or $20 per cubic foot 
  3.12  up to a maximum of $2,000; 
  3.13     (5) up to $200 for any amount of waste that escapes from a 
  3.14  vehicle used for the transportation of solid waste if, after 
  3.15  receiving actual notice that waste has escaped the vehicle, the 
  3.16  person or company transporting the waste fails to immediately 
  3.17  collect the waste; 
  3.18     (6) $50 per violation of rules adopted under section 
  3.19  116.49, relating to underground storage tank system design, 
  3.20  construction, installation, and notification requirements, up to 
  3.21  a maximum of $2,000; 
  3.22     (7) $250 per violation of rules adopted under section 
  3.23  116.49, relating to upgrading of existing underground storage 
  3.24  tank systems, up to a maximum of $2,000; 
  3.25     (8) $100 per violation of rules adopted under section 
  3.26  116.49, relating to underground storage tank system general 
  3.27  operating requirements, up to a maximum of $2,000; 
  3.28     (9) $250 per violation of rules adopted under section 
  3.29  116.49, relating to underground storage tank system release 
  3.30  detection requirements, up to a maximum of $2,000; 
  3.31     (10) $50 per violation of rules adopted under section 
  3.32  116.49, relating to out-of-service underground storage tank 
  3.33  systems and closure, up to a maximum of $2,000; 
  3.34     (11) $50 per violation of sections 116.48 to 116.491 
  3.35  relating to underground storage tank system notification, 
  3.36  monitoring, environmental protection, and tank installers 
  4.1   training and certification requirements, up to a maximum of 
  4.2   $2,000; 
  4.3      (12) $25 per gallon of oil or hazardous substance 
  4.4   discharged which is not reported or recovered under section 
  4.5   115.061, up to a maximum of $2,000; 
  4.6      (13) $1 per gallon of oil or hazardous substance being 
  4.7   stored, transported, or otherwise handled without the prevention 
  4.8   or preparedness measures required under chapter 115E, up to a 
  4.9   maximum of $2,000; and 
  4.10     (14) $250 per violation of Minnesota Rules, parts 7001.4200 
  4.11  to 7001.4300 or chapter 7151, related to aboveground storage 
  4.12  tank systems, up to a maximum of $2,000; and 
  4.13     (15) $250 per delivery made in violation of section 116.49, 
  4.14  subdivision 3 or 4, levied against: 
  4.15     (i) the retail location if vapor recovery equipment is not 
  4.16  installed or maintained properly; 
  4.17     (ii) the carrier if the transport delivery vehicle is not 
  4.18  equipped with vapor recovery equipment; or 
  4.19     (iii) the driver for failure to use supplied vapor recovery 
  4.20  equipment.  
  4.21     Sec. 4.  Minnesota Statutes 2002, section 116.46, is 
  4.22  amended by adding a subdivision to read: 
  4.23     Subd. 7a.  [RETAIL LOCATION.] "Retail location" means a 
  4.24  facility located in the metropolitan area as defined in section 
  4.25  473.121, subdivision 2, where gasoline is offered for sale to 
  4.26  the general public for use in automobiles and trucks. 
  4.27     Sec. 5.  Minnesota Statutes 2002, section 116.46, is 
  4.28  amended by adding a subdivision to read: 
  4.29     Subd. 7b.  [TRANSPORT DELIVERY VEHICLE.] "Transport 
  4.30  delivery vehicle" means a liquid fuel cargo tank of 3,500 
  4.31  gallons or more used to deliver gasoline into underground 
  4.32  storage tanks. 
  4.33     Sec. 6.  Minnesota Statutes 2002, section 116.46, is 
  4.34  amended by adding a subdivision to read: 
  4.35     Subd. 9.  [VAPOR RECOVERY SYSTEM.] "Vapor recovery system" 
  4.36  means a system which transfers vapors from underground storage 
  5.1   tanks during the filling operation to the storage compartment of 
  5.2   the transport vehicle delivering gasoline. 
  5.3      Sec. 7.  Minnesota Statutes 2002, section 116.49, is 
  5.4   amended by adding a subdivision to read: 
  5.5      Subd. 3.  [VAPOR RECOVERY SYSTEM.] Every underground 
  5.6   gasoline storage tank at a retail location must be fitted with 
  5.7   vapor recovery equipment by January 1, 2006.  The equipment must 
  5.8   be certified by the manufacturer as capable of collecting 95 
  5.9   percent of hydrocarbons emitted during gasoline transfers from a 
  5.10  transport delivery vehicle to an underground storage tank.  
  5.11  Product delivery and vapor recovery access points must be on the 
  5.12  same side of the transport vehicle when the transport vehicle is 
  5.13  positioned for delivery into the underground tank.  After 
  5.14  January 1, 2006, no gasoline may be delivered to a retail 
  5.15  location that is not equipped with a vapor recovery system. 
  5.16     Sec. 8.  Minnesota Statutes 2002, section 116.49, is 
  5.17  amended by adding a subdivision to read: 
  5.18     Subd. 4.  [VAPOR RECOVERY ON TRANSPORTS.] All transport 
  5.19  delivery vehicles that deliver gasoline into underground storage 
  5.20  tanks in the metropolitan area as defined in section 473.121, 
  5.21  subdivision 2, must be fitted with vapor recovery equipment.  
  5.22  The equipment must recover and manage 95 percent of hydrocarbons 
  5.23  emitted during the transfer of gasoline from the underground 
  5.24  storage tank and the transport delivery vehicle by January 1, 
  5.25  2006.  After January 1, 2006, no gasoline may be delivered to a 
  5.26  retail location by a transport vehicle that is not fitted with 
  5.27  vapor recovery equipment. 
  5.28     Sec. 9.  Minnesota Statutes 2002, section 116.50, is 
  5.29  amended to read: 
  5.30     116.50 [PREEMPTION.] 
  5.31     Sections 116.46 to 116.49 preempt conflicting local and 
  5.32  municipal rules or ordinances requiring notification or 
  5.33  establishing environmental protection requirements for 
  5.34  underground storage tanks.  A state agency or local unit of 
  5.35  government may not adopt rules or ordinances establishing or 
  5.36  requiring vapor recovery for underground storage tanks.