HF 286

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; creating the 
  1.3             right-to-know act; requiring certain persons who 
  1.4             discharge toxic pollutants to post warning signs; 
  1.5             providing penalties; proposing coding for new law in 
  1.6             Minnesota Statutes, chapter 115. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [LEGISLATIVE FINDINGS.] 
  1.9      The legislature hereby finds that it is in the public's 
  1.10  best interest to have full knowledge of the volume and toxicity 
  1.11  of pollutants being discharged into the waters of the state.  
  1.12     Sec. 2.  [115.85] [RIGHT-TO-KNOW.] 
  1.13     Sections 115.86 to 115.89 shall be known as the 
  1.14  right-to-know act. 
  1.15     Sec. 3.  [115.86] [DEFINITIONS.] 
  1.16     Subdivision 1.  [APPLICABILITY.] For the purposes of this 
  1.17  section and sections 115.87 to 115.89, the terms in this section 
  1.18  have the meanings given them. 
  1.19     Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
  1.20  commissioner of the pollution control agency. 
  1.21     Subd. 3.  [TOXIC SUBSTANCE.] "Toxic substance" means a 
  1.22  pollutant identified in section 307(a)(1) of the federal Water 
  1.23  Pollution Control Act, as amended. 
  1.24     Sec. 4.  [115.87] [NOTIFICATION.] 
  1.25     A person required to obtain a state water pollution 
  1.26  discharge permit, and whose discharge contains any permitted 
  2.1   toxic substances shall erect or post a sign that is visible and 
  2.2   legible approximately 50 feet from the point of discharge by 
  2.3   persons on or near the water.  The sign shall be designed 
  2.4   consistent with a model developed by the commissioner and shall 
  2.5   bear the following statement: 
  2.6                           PUBLIC NOTICE
  2.7                         (NAME OF INDUSTRY)
  2.8                   LOW LEVELS OF TOXIC SUBSTANCES
  2.9                   MAY BE DISCHARGED AT THIS SITE
  2.10         UNDER A PERMIT BY THE POLLUTION CONTROL AGENCY:
  2.11     The size of a sign may not exceed 14 inches by 18 inches.  
  2.12  The sign also must list the telephone number of the responsible 
  2.13  party at the permittee's place of business whom the members of 
  2.14  the public may contact for further information and the general 
  2.15  telephone number of the pollution control agency.  
  2.16     Sec. 5.  [115.88] [ENFORCEMENT AND PENALTIES.] 
  2.17     The failure to post any sign required by section 115.87 
  2.18  shall subject the person required to post the sign to penalties 
  2.19  of $50 per day for each day the sign is not posted.  Each day 
  2.20  the sign is not posted constitutes a separate day of violation, 
  2.21  except for a sign that is substantially impaired or destroyed by 
  2.22  vandalism.  The permittee must replace an impaired or destroyed 
  2.23  sign within two weeks of learning of the sign's impairment or 
  2.24  destruction. 
  2.25     The enforcement of this section shall be by the attorney 
  2.26  general or the county attorney having jurisdiction in the county 
  2.27  where the violation occurred and shall be commenced by a civil 
  2.28  action in a court of competent jurisdiction.  
  2.29     Sec. 6.  [115.89] [CITIZEN ENFORCEMENT.] 
  2.30     In the event of a nonaction by the attorney general or 
  2.31  county attorney under section 115.88, any citizen of the state 
  2.32  may bring a civil action in a court of competent jurisdiction to 
  2.33  enforce compliance with section 115.87.  An action may be 
  2.34  commenced 60 days after the plaintiff has given written notice 
  2.35  of the alleged violation to the violator and the attorney 
  2.36  general or the county attorney for the county in which the 
  3.1   violation occurs.  A prevailing party in a civil action may be 
  3.2   awarded attorney's fees by the court.  
  3.3      Sec. 7.  [EFFECTIVE DATE.] 
  3.4      Sections 1 to 6 are effective October 1, 1995.