HF 1049

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to counties; delaying the sunset provision on 
  1.3             a county authority to issue administrative penalty 
  1.4             orders; amending Minnesota Statutes 1998, section 
  1.5             116.072, subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 116.072, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [AUTHORITY TO ISSUE PENALTY ORDERS.] (a) 
  1.10  The commissioner may issue an order requiring violations to be 
  1.11  corrected and administratively assessing monetary penalties for 
  1.12  violations of this chapter and chapters 114C, 115, 115A, 115D, 
  1.13  and 115E, any rules adopted under those chapters, and any 
  1.14  standards, limitations, or conditions established in an agency 
  1.15  permit; and for failure to respond to a request for information 
  1.16  under section 115B.17, subdivision 3.  The order must be issued 
  1.17  as provided in this section. 
  1.18     (b) A county board may adopt an ordinance containing 
  1.19  procedures for the issuance of administrative penalty orders and 
  1.20  may issue orders beginning August 1, 1996.  Before adopting 
  1.21  ordinances, counties shall work cooperatively with the agency to 
  1.22  develop an implementation plan for the orders that substantially 
  1.23  conforms to a model ordinance developed by the counties and the 
  1.24  agency.  After adopting the ordinance, the county board may 
  1.25  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.  2003.