HF 2163

as introduced - 87th Legislature (2011 - 2012) Posted on 02/14/2012 02:58pm

A bill for an act
relating to environment; providing for regulation of pollutant spills; amending
Minnesota Statutes 2010, sections 114C.11, subdivision 6; 115.01, by adding
subdivisions; 115.061; 115E.01, subdivisions 3, 4, 6, 11, 11a, 11c, by adding
subdivisions; 115E.02; 115E.03; 115E.04; 115E.05; 115E.08, subdivisions 2, 4;
116.073, subdivision 1; repealing Minnesota Statutes 2010, sections 115C.065;
115E.01, subdivisions 7, 11a, 13; 115E.04, subdivisions 1, 2, 3; 115E.045;
115E.08, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 114C.11, subdivision 6, is amended to read:

Subd. 6.

Plans and progress reports under chapters 115D and 115E.

A permittee
complies with the plan content and timing requirements of sections 115D.07 deleted text begin , deleted text end new text begin and new text end
115E.04 deleted text begin , and 115E.045 deleted text end if the Minnesota XL permit requires the permittee to include
in an overall environmental management plan satisfactory alternative information. A
permittee complies with the progress report content and timing requirements of section
115D.08 if the Minnesota XL permit requires the permittee to include in its overall
reporting requirements satisfactory alternative information, and specifies a schedule for
submitting the information.

Sec. 2.

Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Contain and recover. new text end

new text begin "Contain and recover" means actions to prevent
the spread or escape of spilled or discharged pollutant material and to remove the spilled
or discharged pollutant material from soil or water or places where it may reach waters of
the state. Contain and recover includes corrective actions under chapters 115B and 115C
and compliant removal and disposal or treatment of contaminated soil, water, and debris.
new text end

Sec. 3.

Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision to
read:

new text begin Subd. 2b. new text end

new text begin Container. new text end

new text begin "Container" means a device used to store, hold, or convey
liquid or solid pollutant materials including a tank, process tank, hose, pipe, pipeline,
cargo vessel, cargo railcar, cargo truck or trailer, vehicle fuel tank, or treatment works.
new text end

Sec. 4.

Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision to
read:

new text begin Subd. 4a. new text end

new text begin Discovery. new text end

new text begin "Discovery" means identification of the fact that a spill or
discharge is or may be occurring or has occurred, by any means including notification
by another person.
new text end

Sec. 5.

Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision to
read:

new text begin Subd. 6a. new text end

new text begin Hazardous substance. new text end

new text begin "Hazardous substance" has the meaning given
under section 115B.02.
new text end

Sec. 6.

Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision to
read:

new text begin Subd. 7a. new text end

new text begin Immediately notify. new text end

new text begin "Immediately notify" means notify as soon as
possible but in no case later than one hour after the discovery of a spill or discharge.
new text end

Sec. 7.

Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision to
read:

new text begin Subd. 8a. new text end

new text begin Oil. new text end

new text begin "Oil" has the meaning given under section 115E.01.
new text end

Sec. 8.

Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision to
read:

new text begin Subd. 10a. new text end

new text begin Person in control. new text end

new text begin "Person in control" means a person who, at the time
of a spill or discharge or leading up to a discharge, is transporting, filling, emptying,
maintaining, or operating the container or who had physical control of the pollutant
material.
new text end

Sec. 9.

Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision to
read:

new text begin Subd. 12a. new text end

new text begin Pollutant material. new text end

new text begin "Pollutant material" means oil, hazardous
substances, hazardous wastes, and all other substances that, if spilled or discharged and
not recovered, could cause water pollution.
new text end

Sec. 10.

Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision
to read:

new text begin Subd. 15a. new text end

new text begin Responsible person. new text end

new text begin "Responsible person" means a person who is liable
under chapter 115B or 115C, or for materials that are not covered under chapter 115B or
115C, the owner or operator of the pollutant material or the material's container or the
owner or operator of the facility that discharged the pollutant material.
new text end

Sec. 11.

Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision
to read:

new text begin Subd. 18a. new text end

new text begin Spill. new text end

new text begin "Spill" means escape or loss of a pollutant material, in solid
or liquid form, from its container, accidental or otherwise, recent or in the past, in any
outdoor place above or below ground or in any indoor place where the pollutant material
might enter a sanitary or storm sewer or drain or infiltrate into the ground or might
otherwise escape from the building or structure. Spill includes release as defined under
sections 115B.02, subdivision 15, and 115C.02, subdivision 12.
new text end

Sec. 12.

Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision
to read:

new text begin Subd. 19a. new text end

new text begin State duty officer. new text end

new text begin "State duty officer" means the single point answering
system established by the Department of Public Safety under section 115E.09.
new text end

Sec. 13.

Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision
to read:

new text begin Subd. 19b. new text end

new text begin Storage tank system. new text end

new text begin "Storage tank system" means any one or
combination of containers, including tanks, vessels, enclosures, or structures and
appurtenances connected to them, whether above or below ground, that is used to contain
or dispense pollutant material.
new text end

Sec. 14.

Minnesota Statutes 2010, section 115.061, is amended to read:

115.061 new text begin SPILLS OR DISCHARGES; new text end DUTY TO NOTIFY deleted text begin AND AVOID
WATER POLLUTION deleted text end new text begin , CONTAIN, AND RECOVER new text end .

new text begin Subdivision 1. new text end

new text begin Duty to contain and recover. new text end

(a) deleted text begin Except as provided in paragraph
(b), it is the duty of every person to notify the agency immediately of the discharge,
accidental or otherwise, of any substance or material under its control which, if not
recovered, may cause pollution of waters of the state, and the responsible person shall
recover as rapidly and as thoroughly as possible such substance or material and take
immediately such other action as may be reasonably possible to minimize or abate
pollution of waters of the state caused thereby deleted text end new text begin Regardless of the volume of a spill or
discharge, a responsible person must immediately stop the spill or discharge and take steps
to thoroughly contain and recover the pollutant material to the extent safe and feasible.
A responsible person must also take response or corrective actions necessary to prevent
pollution or threats to public health new text end .

(b) deleted text begin Notification is not required under paragraph (a) for a discharge of five gallons or
less of petroleum, as defined in section 115C.02, subdivision 10. This paragraph does not
affect the other requirements of paragraph (a) deleted text end new text begin If there is more than one responsible person
for a spill or discharge, they may, by mutual agreement, select one responsible person to
act on behalf of all responsible persons. If there is no agreement, each responsible person
remains responsible to contain and recover the pollutant material and to take response or
corrective actions new text end .

new text begin (c) Actions initiated or taken by third parties such as local officials, fire departments,
or public works personnel do not relieve a responsible person from the duty to contain and
recover spilled or discharged pollutant material and take other necessary response and
corrective actions.
new text end

new text begin Subd. 2. new text end

new text begin Notification; spills and discharges that have entered state waters.
new text end

new text begin A person in control or a responsible person who discovers that a pollutant material has
directly or indirectly entered waters of the state by spillage, runoff, infiltration, or other
means must immediately notify the agency regardless of the quantity of pollutant material
discharged or spilled and regardless of whether the discharge or spill was intentional
or accidental. Notification and follow-up reporting must be made as required under
subdivision 5.
new text end

new text begin Subd. 3. new text end

new text begin Notification; spills that have not yet reached state waters. new text end

new text begin Except as
provided in subdivision 4, a person in control or a responsible person must immediately
notify the agency of the discovery of a pollutant material that has been spilled but that has
not yet reached waters of the state, unless the spill of the pollutant material is known to
be less than the volumes in Table I. Notification and follow-up reporting must be made
as required under subdivision 5.
new text end

new text begin Table I: Material Categories and Quantities Requiring Notification of Spills new text end
new text begin Category A new text end		new text begin Category B new text end		new text begin Category C new text end
new text begin One gallon if liquid or ten pounds if solid for: new text end		new text begin Five gallons if liquid or 50 pounds if solid for: new text end		new text begin 50 gallons if liquid or 500 pounds if solid for: new text end
new text begin (1) new text end	new text begin extremely hazardous substances under Code of Federal Regulations, title 40, part 355, appendices A and B; new text end	new text begin (1) new text end	new text begin petroleum as defined under section 115C.02, including ethanol; new text end	new text begin (1) new text end	new text begin sewage, wastewater, manure, food products, and all other liquids that are not hazardous substances, oil, or petroleum and that are not of an oily, petroleum, or chemical nature; and new text end
new text begin (2) new text end	new text begin hazardous substances under section 115B.02 or under Code of Federal Regulations, title 40, part 302, table 302.4, except for hazardous waste spills that are reportable under subdivision 4, paragraph (b); and new text end	new text begin (2) new text end	new text begin asphalt, tar, and sealers; new text end	new text begin (2) new text end	new text begin solid materials that are not hazardous substances, that are spilled onto or near shorelines, and that may have polluting effects if the material reaches water by runoff, infiltration, or other means. new text end
new text begin (3) new text end	new text begin category B and C materials if a spill has reached a sanitary sewer or drain, storm sewer or drain, or wellhead. new text end	new text begin (3) new text end	new text begin crude oil; new text end
		new text begin (4) new text end	new text begin lubricating oils, hydraulic oils, used oils, and waste oils; new text end
		new text begin (5) new text end	new text begin vegetable and animal oils; new text end
		new text begin (6) new text end	new text begin mineral oil and dielectric fluid documented to be less than 50 parts per million of polychlorinated biphenyls (PCB's); new text end
		new text begin (7) new text end	new text begin solutions containing less than one percent of category A materials; new text end
		new text begin (8) new text end	new text begin paints; new text end
		new text begin (9) new text end	new text begin petroleum solvents; new text end
		new text begin (10) new text end	new text begin antifreeze; and new text end
		new text begin (11) new text end	new text begin other materials of an oily, petroleum, or chemical nature. new text end

new text begin Subd. 4. new text end

new text begin Notification in specific circumstances. new text end

new text begin (a) A property owner or a person
in control of or responsible for a container or pollutant material must immediately notify
the agency, according to subdivision 5, of the discovery of a spill the volume of which is
not known and cannot be reasonably estimated or discovery of a spill of a material that
cannot be reasonably identified.
new text end

new text begin (b) A person in control or responsible person must immediately notify the agency,
according to subdivision 5, of every spill or discharge of hazardous waste and every spill
or discharge of fluid containing 50 parts per million or more PCB's.
new text end

new text begin (c) For storage tank systems:
new text end

new text begin (1) a responsible person must immediately notify the agency, according to
subdivision 5, of the discovery of all pollutant material leaks, spills, and overfills or
leaking pipes, hoses, or appurtenances; discovery of the presence of pollutant material in
sumps, basins, and secondary containment; and discovery of other loss of stored pollutant
material from a storage tank system if the loss exceeds the quantities in Table I under
subdivision 3 or if the quantity of the loss cannot be reliably estimated. Notification shall
be made regardless of whether the spill is or appears to be contained by a secondary
containment structure either separate from or integral to the tank or piping design. As used
in this clause, "secondary containment" includes an engineered structure such as a dike,
sump, vault, or holding basin; the interstice of double-walled and doubled-floored tanks;
and a curbed pad and tank overfill catchment structure for substance transfer operations;
new text end

new text begin (2) notification of leak testing or leak detection method results must be according
to this clause. Any leak testing or leak detection method performed on a storage tank or
tank appurtenance must be done by qualified personnel. Examples of leak testing and
leak detection methods include, but are not limited to, visual monitoring, internal tank
inspection, tightness testing, automatic tank gauging, interstitial monitoring, sensing
devices, monitoring wells, chemical marker, vacuum testing, pressure testing, hydrostatic
testing, and inventory reconciliation:
new text end

new text begin (i) if, in the opinion of test personnel pursuant to the applicable testing protocol or
detection procedure, the storage tank or tank appurtenance is leaking or has leaked or has
failed the leak test, the test personnel must immediately notify the responsible person, who
must immediately notify the agency according to subdivision 5;
new text end

new text begin (ii) if, in the opinion of an agency inspector or test personnel pursuant to the
applicable testing protocol or detection procedure, the storage tank or tank appurtenance
may have a leak or the test result is inconclusive, the test personnel and responsible person
must immediately repeat the test or take further investigatory steps to determine whether a
leak is occurring or has occurred. If a definitive test result cannot be reached within 48
hours of the first test, the test personnel must notify the responsible person, who must
immediately notify the agency according to subdivision 5;
new text end

new text begin (iii) if, in the opinion of test personnel pursuant to the applicable testing protocol
or detection procedure, the storage tank or tank appurtenance does not have a leak or
has passed the leak test, no notification is required. In such case, the responsible person
must retain the qualified test personnel's report on the test and must provide the report
to the agency upon request; and
new text end

new text begin (iv) the agency may be rule, permit, or guidance establish procedures for leak testing
and leak detection, such as acceptable methods, qualifications, test protocols, thresholds,
record keeping, and reporting;
new text end

new text begin (3) if contaminated soil, contaminated groundwater, free product as a liquid or
vapor, or other indication of a historic spill is discovered by measurement or observation
during operation or repair of an active storage tank system or tank appurtenance, the
property owner or responsible person must immediately notify the agency according to
subdivision 5. If the condition is discovered during repair or removal of an inactive and
empty storage tank, the property owner or responsible person must notify the agency
the next business day; and
new text end

new text begin (4) a person such as a consultant or contractor involved in the testing, inspection,
repair, investigation, closure, or removal of a storage tank or tank appurtenance must
immediately notify the responsible person if field instruments, observations, or laboratory
tests indicate that a spill or leak has or may have occurred. The person must notify the
agency of the indication of a spill or leak by the next business day if the person has not
confirmed that the responsible person has notified the agency.
new text end

new text begin Subd. 5. new text end

new text begin Notifications and follow-up reports. new text end

new text begin (a) Notification to the agency under
subdivisions 2 to 4 must be made by telephone call to the state duty officer or by an
electronic notification system if the state duty officer makes such a system available.
new text end

new text begin (b) If there is more than one person in control or responsible for a pollutant material
that was spilled or discharged, they may, by mutual agreement, make a single notification
on behalf of all persons required to notify. Each remains responsible, however, for the
completeness and accuracy of the notification and for follow-up information and reporting
under paragraph (e). If there is no agreement, each person who is required to notify must
make a notification.
new text end

new text begin (c) A notification made by a third party such as a fire department or passerby
does not relieve any person in control or responsible person from a spill or discharge
notification duty. A notification to the state duty officer does not replace a 911 call to a
local public safety answering point, any required calls to a local sanitary sewer operator,
or any calls mandated by other state or federal law, except as specifically provided
under chapter 115E. A notification to the state duty officer under this section that is
related to hazardous substances or oil also serves as a notification to the Department of
Transportation, Department of Public Safety, and Department of Agriculture if the caller
identifies those other agencies as requiring notice.
new text end

new text begin (d) The person making the notification to the state duty officer must provide the
following information, to the extent known at the time of the notification:
new text end

new text begin (1) the material spilled or discharged or the type of material if the exact material
identification is not known;
new text end

new text begin (2) the quantity spilled or an estimate or description of the quantity if the exact
volume of spill is not known;
new text end

new text begin (3) the location of the spill, extent of spread of the spill, and proximity of the spill to
surface waters, storm or sanitary sewers, wells, and structures;
new text end

new text begin (4) the circumstances of the spill, including, if known, cause, time of spill, and
time of discovery;
new text end

new text begin (5) whether a responsible person or another person has committed to contain,
recover, and otherwise respond to the spill;
new text end

new text begin (6) actions taken and actions planned to contain, recover, and otherwise respond to
the spill;
new text end

new text begin (7) whether the person in control, a responsible person, a property owner, a local
official, or a third party requests assistance or guidance from the agency or other state
personnel;
new text end

new text begin (8) a telephone number that will be answered for the next hour by a knowledgeable
person in control or responsible person at the scene of the spill, a telephone number that
will be answered the next business day, and an e-mail or other electronic contact for the
responsible person; and
new text end

new text begin (9) an explanation for any late report or delayed containment and recovery.
new text end

new text begin (e) Follow-up notifications must be made to the state duty officer by telephone or
e-mail when previously unknown required information under paragraph (d) becomes
known to the person in control or the responsible person.
new text end

new text begin (f) For spills or discharges greater than ten times the volume of notification
thresholds under subdivision 3, Table I, and as requested by the agency under section
116.091, a responsible person must submit a written report on the spill or discharge to the
agency containing the information in clauses (1) to (5) within 30 days after the date of the
notification to the state duty officer. The written report must identify the spill by state duty
officer report number and must summarize:
new text end

new text begin (1) the quantity of the spill as finally determined;
new text end

new text begin (2) the quantity of spilled material that was recovered as liquid or solid material,
estimated quantity of material that was recovered in soil or debris, estimated quantity of
material treated on site, quantity of material that was disposed of off site, and quantity of
spilled material that was not recovered;
new text end

new text begin (3) the location and facilities used for disposal;
new text end

new text begin (4) the cause of the spill; and
new text end

new text begin (5) the actions taken to prevent or prepare for similar spills in the future.
new text end

Sec. 15.

Minnesota Statutes 2010, section 115E.01, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Commissioners deleted text end new text begin Commissioner new text end .

" deleted text begin Commissioners deleted text end new text begin Commissioner new text end " means
the commissioner of deleted text begin public safety and
deleted text end

deleted text begin (1) the commissioner of agriculture, with respect to agricultural chemicals; or
deleted text end

deleted text begin (2) the commissioner of deleted text end the Pollution Control Agency deleted text begin , with respect to other
hazardous substances and oil deleted text end .

Sec. 16.

Minnesota Statutes 2010, section 115E.01, is amended by adding a subdivision
to read:

new text begin Subd. 3b. new text end

new text begin Container. new text end

new text begin "Container" has the meaning given under section 115.01.
new text end

Sec. 17.

Minnesota Statutes 2010, section 115E.01, subdivision 4, is amended to read:

Subd. 4.

Discharge.

"Discharge" deleted text begin means an intentional or unintentional emission,
other than natural seepage, and includes, but is not limited to, spilling, leaking, pumping,
pouring, emitting, emptying, or dumping; deleted text end new text begin has the meaning given under section 115.01 new text end
and also includes release as defined in deleted text begin section deleted text end new text begin sections new text end 115B.02, subdivision 15 new text begin , and
115C.02, subdivision 12 new text end .

Sec. 18.

Minnesota Statutes 2010, section 115E.01, subdivision 6, is amended to read:

Subd. 6.

Hazardous substance.

"Hazardous substance" has the meaning given in
section 115B.02, subdivision 8 new text begin , except a hazardous substance that is also regulated as an
agricultural chemical under chapter 18D or 18E new text end .

Sec. 19.

Minnesota Statutes 2010, section 115E.01, subdivision 11, is amended to read:

Subd. 11.

Response.

"Response" has the meaning given in section 115B.02,
subdivision 18, and the meaning of corrective action given in section 115C.02, subdivision
4. Response includes new text begin actions to contain and recover a spill or discharge and new text end restoration,
rehabilitation, replacement, or acquisition of the equivalent of the natural resources
affected by the discharge of hazardous substances or oil.

Sec. 20.

Minnesota Statutes 2010, section 115E.01, subdivision 11a, is amended to
read:

Subd. 11a.

Response area.

"Response area" means the area designated by the
federal on-scene coordinator deleted text begin , deleted text end new text begin or new text end the commissioner of the Pollution Control Agency, deleted text begin or the
commissioner of agriculture deleted text end in which response to a discharge is occurring.

Sec. 21.

Minnesota Statutes 2010, section 115E.01, subdivision 11c, is amended to
read:

Subd. 11c.

Responsible party.

"Responsible party" means a new text begin responsible person as
defined under section 115.01 or chapter 115B or 115C or a new text end responsible party as defined in
section 1001 of the Oil Pollution Act of 1990.

Sec. 22.

Minnesota Statutes 2010, section 115E.01, is amended by adding a subdivision
to read:

new text begin Subd. 11d. new text end

new text begin Spill. new text end

new text begin "Spill" has the meaning given under section 115.01.
new text end

Sec. 23.

Minnesota Statutes 2010, section 115E.02, is amended to read:

115E.02 DUTY TO PREVENT DISCHARGES new text begin AND SPILLS new text end .

A person who owns or operates a vessel or facility transporting, storing, or otherwise
handling hazardous substances or oil or who is otherwise in control of hazardous
substances or oil shall take reasonable steps to prevent the discharge new text begin or spill new text end of those
materials in a place or manner that might cause pollution of the land, waters, or air of
the state or that might threaten the public's deleted text begin safety or deleted text end health. new text begin Compliance with Pollution
Control Agency rules and permits, Department of Transportation rules, United States
Environmental Protection Agency regulations, United States Coast Guard regulations,
established fire and building codes, and nationally recognized industrial standards is
considered among the reasonable required steps to prevent discharges.
new text end

Sec. 24.

Minnesota Statutes 2010, section 115E.03, is amended to read:

115E.03 DUTY TO PREPARE FOR RESPONSE TO DISCHARGES new text begin AND
SPILLS new text end .

Subdivision 1.

General preparedness.

A person who owns or operates a vessel or
facility transporting, storing, or otherwise handling hazardous substances or oil or who is
otherwise in control of hazardous substances or oil shall be prepared at all times to rapidly
and thoroughly recover discharged new text begin or spilled new text end hazardous substances or oil that were under
that person's control and to take all other actions necessary to minimize or abate pollution
of land, waters, and air of the state and to protect the public's deleted text begin safety and deleted text end health.

Subd. 2.

Specific preparedness.

The following persons shall comply with the
specific requirements of subdivisions 3 and 4 and section 115E.04:

(1) persons who own or operate a vessel that is constructed or adapted to carry, or
that carried, oil or hazardous substances in bulk as cargo or cargo residue;

(2) persons who own or operate railroad car rolling stock transporting an aggregate
total of more than 100,000 gallons of oil or hazardous substance as cargo in Minnesota
in any calendar month;

(3) persons who own or operate facilities containing deleted text begin 1,000,000 deleted text end new text begin 10,000 new text end gallons or
more of oil or hazardous substance in tank storage at any time;

(4) persons who own or operate facilities where there is transfer of an average
monthly aggregate total of more than deleted text begin 1,000,000 deleted text end new text begin 100,000 new text end gallons of oil or hazardous
substances to or from vessels, tanks, rolling stock, new text begin vehicles, new text end or pipelines deleted text begin , except for
facilities where the primary transfer activity is the retail sales of motor fuels deleted text end ;

(5) persons who own or operate hazardous liquid pipeline facilities through which
more than 100,000 gallons of oil or hazardous substance is transported in any calendar
month; deleted text begin and
deleted text end

(6) persons deleted text begin required to demonstrate preparedness under section 115E.05. deleted text end new text begin who own or
operate trucks or cargo trailer rolling stock transporting an average monthly aggregate total
of more than 10,000 gallons of oil or hazardous substances as bulk cargo in this state; and
new text end

new text begin (7) persons who own electrical equipment with more than 100,000 aggregate total
gallons of dielectric fluid in the state.
new text end

Subd. 3.

Level of preparedness.

new text begin (a) new text end A person described in subdivision 2 new text begin that is
subject to the federal Oil Pollution Act of 1990 new text end shall maintain deleted text begin a deleted text end new text begin the new text end level of preparedness
deleted text begin that ensures deleted text end new text begin required by the federal Oil Pollution Act of 1990 regulations to ensure new text end that
effective response can reliably be made to worst case discharges new text begin as defined by federal
law and regulation new text end .

new text begin (b) A person described in subdivision 2 that is not subject to the federal Oil Pollution
Act of 1990 shall maintain a level of preparedness that ensures that effective response
can reliably be made to spills of all materials that the person stores, transports, transfers,
or otherwise handles, for the quantities of the largest containers that the person owns,
operates, transports, or otherwise handles.
new text end

Subd. 4.

Demonstration of satisfactory preparedness.

A person required to
maintain preparedness under subdivision 2 may demonstrate satisfactory preparedness to
the commissioner deleted text begin of the lead agency deleted text end through one or a combination of the following means:

(1) adequate response personnel and equipment in the usual employ of the person;

(2) adequate response personnel and equipment available from for-hire cleanup
contractors with arrangements made for their deployment;

(3) adequate response personnel and equipment from a response cooperative or
community awareness and emergency response organization deleted text begin meeting guidelines prepared
by the lead agency deleted text end with arrangements made for their deployment; or

(4) adequate response personnel and equipment of local, state, or federal public
sector response organizations with arrangements made for their deployment.

Subd. 5.

Department of Transportation.

The commissioner of transportation may
examine the evidence of financial responsibility required under section 1016 of the Oil
Pollution Act of 1990 for a vessel and may apply the sanctions in that section.

Sec. 25.

Minnesota Statutes 2010, section 115E.04, is amended to read:

115E.04 deleted text begin PREVENTION AND RESPONSE PLANS deleted text end new text begin PREPAREDNESS new text end .

deleted text begin Subdivision 1. deleted text end

deleted text begin Plan contents. deleted text end

deleted text begin Persons required to show specific preparedness under
section 115E.03, subdivision 2, shall prepare and maintain a prevention and response plan
for a worst case discharge. The plan must:
deleted text end

deleted text begin (1) describe how it is consistent with the requirements of the national or area
contingency plans developed under the Oil Pollution Act of 1990;
deleted text end

deleted text begin (2) describe the measures taken to prevent discharges from occurring, including
prevention of a worst case discharge, prevention of discharges of lesser magnitude, and
prevention of discharges similar to those that have occurred from the vessel or facility
during its history of operation;
deleted text end

deleted text begin (3) identify the individual or individuals having full authority to implement response
actions, and those individuals' qualifications and titles;
deleted text end

deleted text begin (4) identify how communication and incident command relationships will be
established between the individuals in command of a vessel or facility response and the
following persons:
deleted text end

deleted text begin (i) individuals in the employ of the owner or operator of the vessel or facility who
are responding to the discharge;
deleted text end

deleted text begin (ii) appropriate federal, state, and local officials; and
deleted text end

deleted text begin (iii) other persons providing emergency response equipment and personnel;
deleted text end

deleted text begin (5) describe the facility or vessel and identify the locations and characteristics of
potential worst case discharges from the vessel or facility;
deleted text end

deleted text begin (6) identify the means under section 115E.03, subdivision 4, that will be used to
satisfy the requirement to have adequate equipment and personnel to respond to a worst
case discharge;
deleted text end

deleted text begin (7) contain copies of contracts, correspondence, or other documents showing that
adequate personnel and equipment as described in section 115E.03, subdivision 4, will be
available to respond to a worst case discharge;
deleted text end

deleted text begin (8) describe the actions that will be taken by the persons described in section
115E.03, subdivision 4, in the event of a worst case discharge; and
deleted text end

deleted text begin (9) describe the training, equipment testing, periodic drills, and unannounced drills
that will be used to ensure that the persons and equipment described in section 115E.03,
subdivision 4, are ready for response.
deleted text end

deleted text begin A plan submitted to the federal government under the Oil Pollution Act of 1990 or
prepared under other law may be used to satisfy the requirements in clauses (1) to (9)
provided that the information required by clauses (1) to (9) is included in the plan.
deleted text end

new text begin Subd. 1a. new text end

new text begin Specific prevention and preparedness measures; plans required.
new text end

new text begin (a) Persons who own or operate facilities listed in section 115E.03, subdivision 2, must
comply with the prevention and preparedness measures of subdivisions 1a to 3d.
new text end

new text begin (b) Facilities listed in section 115E.03, subdivision 2, that are subject to federal Oil
Pollution Act of 1990 plan requirements must maintain a compliant federal plan that
contains or describes the information under subdivisions 2a to 3d or may maintain a
separate spill prevention and response plan that contains the information in subdivisions
2a to 3d.
new text end

new text begin (c) Facilities listed in section 115E.03, subdivision 2, that are not subject to federal
Oil Pollution Act of 1990 plan requirements must maintain a written spill prevention and
response plan that contains or describes the information in subdivisions 2a to 3d.
new text end

new text begin (d) The written federal Oil Pollution Act of 1990 plan or the written spill prevention
and response plan must be maintained on site, must be updated with all major changes in
facility, operations, contacts, or materials, and must be available to employees or other
parties with any role in the plan.
new text end

deleted text begin Subd. 2. deleted text end

deleted text begin Timing. deleted text end

deleted text begin (a) A person required to be prepared under section 115E.03, other
than a person who owns or operates a motor vehicle, rolling stock, or a facility that stores
less than 250,000 gallons of oil or a hazardous substance, shall complete the response plan
required by this section by March 1, 1993, unless one of the commissioners orders the
person to demonstrate preparedness at an earlier date under section 115E.05.
deleted text end

deleted text begin (b) A person who owns or operates a motor vehicle, rolling stock, or a facility
that stores less than 250,000 gallons of oil or a hazardous substance shall complete the
response plan required by this section by January 1, 1994.
deleted text end

deleted text begin (c) Plans required under section 115E.04 or 115E.045 must be updated every three
years. Plans must be updated before three years following a significant discharge, upon
significant change in vessel or facility operation or ownership, upon significant change in
the national or area contingency plans under the Oil Pollution Act of 1990, or upon change
in the capabilities or role of a person named in a plan who has an important response role.
deleted text end

new text begin Subd. 2a. new text end

new text begin Site diagrams and maps. new text end

new text begin (a) All facilities listed in section 115E.03,
subdivision 2, that operate in a fixed location, including major pumping stations and
terminals of pipeline systems, electrical substations with more than 10,000 gallons of
dielectric fluid, and major fueling and yard locations of railroads must have a site diagram
that is posted on site or accessible at all times to employees and first responders and
that shows:
new text end

new text begin (1) the oil and hazardous substance storage, transfer, use, and control locations
on the site;
new text end

new text begin (2) drainage on the site, including direction of drainage, storm and sanitary sewer
inlets, ditches, storm water structures, and storm water outfalls;
new text end

new text begin (3) adjacent private wells and any public water supply wellhead protection zones
in the area of the facility;
new text end

new text begin (4) location of on-site containment and response equipment; and
new text end

new text begin (5) contact information for the facility operators and the state duty officer.
new text end

new text begin (b) In addition to the site diagram under paragraph (a), all facilities listed in section
115E.03, subdivision 2, that are subject to the federal Oil Pollution Act of 1990 must have:
new text end

new text begin (1) for fixed facilities, a map showing:
new text end

new text begin (i) the receiving water body into which the site's storm water and drainage drains;
new text end

new text begin (ii) response access points to those receiving waters;
new text end

new text begin (iii) the sensitive areas of those receiving waters as shown in the federal
Environmental Protection Agency Inland Sensitivity Atlas and sensitive areas from which
to divert spilled material; and
new text end

new text begin (iv) potential areas in those receiving waters in which to recover spilled material and
strategies to recover spilled material; and
new text end

new text begin (2) for railroad and pipeline facilities and for vessels in scheduled routes, a map
showing:
new text end

new text begin (i) the sensitive areas adjacent to and downstream of the facility right-of-way or
route as shown in the federal Environmental Protection Agency Inland Sensitivity Atlas
and sensitive areas from which to divert spilled material adjacent to and downstream of
major water bodies adjacent to rights-of-way; and
new text end

new text begin (ii) potential areas in and strategies with which to recover spilled material.
new text end

deleted text begin Subd. 3. deleted text end

deleted text begin Notification. deleted text end

deleted text begin (a) The commissioner of public safety must be notified when
any of the following takes place:
deleted text end

deleted text begin (1) submission of the plan to the federal government;
deleted text end

deleted text begin (2) granting of exemptions or extensions of time by the federal government for
submission of the plan; or
deleted text end

deleted text begin (3) completion of the plan if submission to the federal government is not required.
deleted text end

deleted text begin (b) Notification under this subdivision must be on a form prescribed by the
commissioner of public safety and must include:
deleted text end

deleted text begin (1) a description of the facility or vessel;
deleted text end

deleted text begin (2) a description of the activities involving oil or hazardous substances;
deleted text end

deleted text begin (3) a description of the types of materials being handled, including whether
agricultural chemicals are involved; and
deleted text end

deleted text begin (4) other information required by the commissioner.
deleted text end

deleted text begin (c) The commissioner of public safety shall transmit a copy of the notification to the
other commissioners as appropriate, depending on the types of materials involved.
deleted text end

new text begin Subd. 3a. new text end

new text begin Equipment. new text end

new text begin (a) All facilities listed in section 115E.03, subdivision 2, that
operate in a fixed location, including major pumping stations and terminals of pipeline
systems, electrical substations with more than 10,000 gallons of dielectric fluid, and major
fueling and yard locations of railroads must have:
new text end

new text begin (1) equipment and materials maintained on site for use by trained employees or first
responders to contain spills by diking, blocking drainage, covering storm sewer inlets, and
absorbing oil; and
new text end

new text begin (2) for facilities adjacent to surface water or with oil storage or transfer within 50
feet of a storm sewer, access to at least 50 feet of on-water spill containment boom and
sorbent boom or pads suitable for deployment at a storm sewer outfall. The equipment
may be housed at a local fire department or public works department under a written
agreement and may be jointly owned with nearby facilities under a written agreement.
new text end

new text begin (b) All facilities listed in section 115E.03, subdivision 2, that are subject to the
federal Oil Pollution Act of 1990 equipment requirements must maintain equipment and
materials required by the federal Oil Pollution Act of 1990 in compliance with the act.
new text end

new text begin (c) Vessel, railroad, and trucking mobile facilities listed in section 115E.03,
subdivision 2, that are not subject to the federal Oil Pollution Act of 1990 equipment
requirements must have equipment and materials on the vessel, train, or truck sufficient to
provide initial containment and storm sewer blockage in the event of a fuel tank leak or
small cargo tank leak or a transfer operation spill.
new text end

new text begin Subd. 3b. new text end

new text begin Contracts and arrangements. new text end

new text begin (a) All facilities listed in section 115E.03,
subdivision 2, that are subject to the federal Oil Pollution Act of 1990 must maintain
written contracts with oil spill removal organizations and other contractors in compliance
with the act.
new text end

new text begin (b) All facilities listed in section 115E.03, subdivision 2, that are not subject to the
federal Oil Pollution Act of 1990 must maintain written arrangements with contractors
and other parties qualified to stop, contain, and recover spilled materials from the facility.
new text end

new text begin (c) All facilities listed in section 115E.03, subdivision 2, must have an employee
who is authorized to hire response contractors readily available on site or available by
telephone at all times to on-site staff and first responders.
new text end

new text begin Subd. 3c. new text end

new text begin Containment safeguards for liquid material transfer. new text end

new text begin (a) Facilities
listed in section 115E.03, subdivision 2, that routinely transfer oil or liquid hazardous
substances must provide an engineered impermeable spill containment structure at the
locations in the facility where oil or hazardous substance transfer is routinely made
between tanks and cargo railcars or cargo trucks or trailers or between railcars and cargo
trucks or trailers and locations in the facility for fueling railroad locomotives. The
engineered containment must be capable of containing the largest cargo compartment
involved in any transfer and also capable of containing five minutes worth of normal
transfer volume. The containment structure must safely hold any spilled material until
it is recovered.
new text end

new text begin (b) The engineered containment structure is not required at locations for fueling
vehicles or for transfers done by permanent piping between storage tanks.
new text end

new text begin Subd. 3d. new text end

new text begin Training and exercising. new text end

new text begin Facilities listed in section 115E.03, subdivision
2, must train new employees and must, at least annually, provide refresher training to
existing employees on:
new text end

new text begin (1) spill notification of local public safety responders, appropriate company officials,
the state duty officer, and contracted response companies;
new text end

new text begin (2) safe procedures for stopping leaks and spills by emergency shutoffs and valves
and similar means;
new text end

new text begin (3) procedures for isolating spill areas from traffic, people, and sources of ignition;
new text end

new text begin (4) procedures for containing spills or procedures for making on-site containment
equipment available to local first responders; and
new text end

new text begin (5) procedures for deployment of spill containment and sorbent equipment at the
surface water or storm sewer outfall connected to a fixed location facility storm sewers.
new text end

Subd. 4.

Review of prevention and response deleted text begin plan deleted text end new text begin preparedness and plans new text end .

(a)
A person required to show specific preparedness under section 115E.03, subdivision 2,
must submit a copy of the new text begin federal or state new text end prevention and response plan to deleted text begin any of deleted text end the
deleted text begin commissioners who request it deleted text end new text begin commissioner new text end and to an official of a political subdivision
with appropriate jurisdiction upon the official's request, or the plan and equipment and
material named in the plan may be examined upon the request of an authorized agent of
deleted text begin a deleted text end new text begin the new text end commissioner or official.

(b) Upon the request of deleted text begin one or more of deleted text end the deleted text begin commissioners deleted text end new text begin commissioner new text end , a person
shall demonstrate the adequacy of prevention and response plans and preparedness
measures by conducting announced or unannounced drills, calling persons and
organizations named in a prevention and response plan and verifying roles and capabilities,
locating and testing response equipment, questioning response personnel, or other means
that in the judgment of the deleted text begin requesting deleted text end commissioner demonstrate preparedness. deleted text begin Before
requesting an unannounced drill, the requesting commissioner shall notify the other
commissioners that a drill will be requested and invite them to participate in or witness
the drill. deleted text end If an unannounced drill is conducted to the satisfaction of the deleted text begin commissioners deleted text end new text begin
commissioner new text end , the person conducting the drill may not be required to conduct an additional
unannounced drill in the same calendar year.

Subd. 5.

Citizens advisory groups.

The commissioner deleted text begin of the Pollution Control
Agency, the Department of Agriculture, or the Department of Public Safety may establish,
or a local official may request a commissioner to deleted text end new text begin may new text end establish deleted text begin , deleted text end a citizens advisory group
following a discharge of oil or a hazardous substance. The purpose of the citizens advisory
group is to facilitate exchange of information and concerns related to the discharge
and response between the owner or operator of the vessel or facility, the governmental
responders, and the affected members of the public.

Sec. 26.

Minnesota Statutes 2010, section 115E.05, is amended to read:

115E.05 ORDERS AND INJUNCTIONS; ENFORCEMENT.

Subdivision 1.

Amendment to plan.

If deleted text begin one or more of deleted text end the deleted text begin commissioners deleted text end new text begin
commissioner new text end finds the prevention and response plans or preparedness measures of a
person do not meet the requirements of this chapter, the commissioner deleted text begin or commissioners
making the finding deleted text end may by order require that reasonable amendments to the plan or
reasonable additional preventive or preparedness measures be implemented in a timely
fashion. deleted text begin If more than one commissioner makes the finding, the order must be a joint order.
deleted text end

Subd. 2.

Compliance.

If oil or a hazardous substance is discharged while it is
under the control of a person not identified in section 115E.03, subdivision 2, deleted text begin any one of deleted text end
the deleted text begin commissioners deleted text end new text begin commissioner new text end may by order require the person to comply with the
prevention and response plan requirements of sections 115E.03 and 115E.04 in a timely
manner if:

(1) land, water, or air of the state is polluted or threatened; or

(2) human life, safety, health, natural resources, or property is damaged or threatened.

Subd. 3.

Financial assurance for response.

deleted text begin (a) For purposes of this subdivision,
"ordering commissioner" means:
deleted text end

deleted text begin (1) the commissioner of the Pollution Control Agency;
deleted text end

deleted text begin (2) the commissioner of natural resources;
deleted text end

deleted text begin (3) the commissioner of agriculture; or
deleted text end

deleted text begin (4) two or more of these commissioners acting jointly.
deleted text end

deleted text begin (b) deleted text end new text begin (a) new text end The deleted text begin ordering deleted text end commissioner may issue an order under this subdivision if the
deleted text begin ordering deleted text end commissioner determines that adequate response is not being made or that other
circumstances exist which indicate adequate response will not continue. When ordered by
the deleted text begin ordering deleted text end commissioner new text begin , new text end the owner or operator of a vessel or facility responsible for the
discharge of a hazardous substance or oil shall provide financial assurance acceptable to
the deleted text begin ordering deleted text end commissioner. The financial assurance must be in the amount necessary to
cover the reasonable response costs, as determined within one year after discharge by the
deleted text begin ordering deleted text end commissioner, of any additional response that is determined to be reasonable and
necessary under applicable laws and regulations.

deleted text begin (c) deleted text end new text begin (b) new text end The deleted text begin ordering deleted text end commissioner may issue only one financial assurance order
under this subdivision for a single incident involving the discharge of hazardous
substances or oil.

deleted text begin (d) deleted text end new text begin (c) The commissioner may enforce new text end this subdivision deleted text begin may be enforced by the
ordering commissioner deleted text end under section 115.071.

deleted text begin (e) deleted text end new text begin (d) new text end An order issued under this subdivision shall cease to be effective upon
completion of a response in accordance with applicable laws and regulations.

Subd. 4.

Other enforcement powers.

For the purposes of enforcing this chapter,
the commissioner deleted text begin of the Pollution Control Agency deleted text end may exercise the regulatory and
enforcement powers in chapters 115 and 116 deleted text begin and the commissioner of the Department
of Agriculture may exercise the regulatory and enforcement powers in chapters 18B,
18C, and 18D deleted text end .

Sec. 27.

Minnesota Statutes 2010, section 115E.08, subdivision 2, is amended to read:

Subd. 2.

Duties.

The commissioner of public safety shall at least annually assess
the preparedness of each state agency for carrying out its responsibilities deleted text begin under sections
115E.01 to 115E.09 deleted text end new text begin related to oil or hazardous substances new text end and shall chair regular meetings
of representatives of each agency to prepare for coordinated response. The commissioner
new text begin of public safety new text end shall develop an incident command system for use by state agency
responders in consultation with the affected state agencies. Following each major incident,
the commissioner new text begin of public safety new text end shall review the performance of each responding agency
and the adequacy of the overall response and shall report to the agencies involved and
the governor. deleted text begin The commissioner shall also identify opportunities for state agencies to
coordinate with federal departments and agencies and political subdivisions of the state
for preparedness and response actions.
deleted text end

Sec. 28.

Minnesota Statutes 2010, section 115E.08, subdivision 4, is amended to read:

Subd. 4.

Annual report.

The commissioner new text begin of public safety new text end shall annually report
to the appropriate committees of the legislature on the readiness of state government to
respond appropriately to discharges of oil or hazardous substances.

Sec. 29.

Minnesota Statutes 2010, section 116.073, subdivision 1, is amended to read:

Subdivision 1.

Authority to issue.

(a) Pollution Control Agency staff designated
by the commissioner and Department of Natural Resources conservation officers may
issue citations to a person who:

(1) disposes of solid waste as defined in section 116.06, subdivision 22, at a location
not authorized by law for the disposal of solid waste without permission of the owner
of the property;

(2) fails to report or recover discharges as required under section 115.061;

(3) fails to take discharge preventive or preparedness measures required under
chapter 115E; or

(4) fails to install or use vapor recovery equipment during the transfer of gasoline
from a transport delivery vehicle to an underground storage tank as required in section
116.49, subdivisions 3 and 4.

(b) In addition, Pollution Control Agency staff designated by the commissioner may
issue citations to owners and operators of facilities who violate sections 116.46 to 116.50
and Minnesota Rules, chapters 7150 and 7151 and parts 7001.4200 to 7001.4300. A
citation issued under this subdivision must include a requirement that the person cited
remove and properly dispose of or otherwise manage the waste or discharged oil or
hazardous substance, reimburse any government agency that has disposed of the waste or
discharged oil or hazardous substance and contaminated debris for the reasonable costs of
disposal, or correct any storage tank violations.

(c) Citations for violations of sections deleted text begin 115E.045 and deleted text end 116.46 to 116.50 and Minnesota
Rules, chapters 7150 and 7151, may be issued only after the owners and operators have
had a 60-day period to correct violations stated in writing by Pollution Control Agency
staff, unless there is a discharge associated with the violation or the violation is a repeat
violation from a previous inspection.

Sec. 30. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin In Minnesota Statutes, section 115C.13, the revisor of statutes shall delete the
reference to section 115C.065.
new text end

Sec. 31. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 115C.065; 115E.01, subdivisions 7, 11a, and 13;
115E.04, subdivisions 1, 2, and 3; 115E.045; and 115E.08, subdivision 3, new text end new text begin are repealed.
new text end