as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 08/14/1998 |
1.1 A bill for an act 1.2 relating to the environment; providing for an 1.3 environmental permitting project; amending Minnesota 1.4 Statutes 1994, sections 115.03, subdivisions 1 and 2; 1.5 115.04; 115.071, subdivisions 1, 2, 3, 4, and 5; 1.6 115.072; 115.075; 115.076, subdivision 1; 116.07, 1.7 subdivision 9; and 116.091, subdivisions 1 and 3; 1.8 Minnesota Statutes 1995 Supplement, section 116.072, 1.9 subdivision 1; proposing coding for new law as 1.10 Minnesota Statutes, chapter 114C. 1.11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.12 ENVIRONMENTAL REGULATORY INNOVATIONS ACT 1.13 Section 1. [114C.01] [POLICY.] 1.14 The legislature recognizes that Minnesota's existing 1.15 environmental laws play a critical role in protecting the 1.16 environment. However, the legislature finds that environmental 1.17 protection could be further enhanced by authorizing innovative 1.18 advances in environmental regulatory methods. It is the policy 1.19 of the legislature that Minnesota should develop environmental 1.20 regulatory methods that: 1.21 (1) encourage facility owners and operators to assess the 1.22 pollution they emit or cause, directly and indirectly, to the 1.23 air, water, and land; 1.24 (2) encourage facility owners and operators to innovate and 1.25 implement the most effective pollution prevention, source 1.26 reduction, or other pollution reduction strategies for their 1.27 particular facilities, while complying with verifiable and 1.28 enforceable pollution limits; 2.1 (3) encourage continuous improvement toward sustainable 2.2 levels of resource usage and pollution discharges; 2.3 (4) reward facility owners and operators that reduce 2.4 pollution to levels below what is required by applicable law; 2.5 (5) consolidate into one permit environmental requirements 2.6 that are currently included in different permits, sometimes 2.7 issued by different state or local agencies; 2.8 (6) reduce the time and money spent by agencies and 2.9 facility owners and operators on paperwork and other 2.10 administrative tasks that do not directly benefit the 2.11 environment; 2.12 (7) increase public participation in the development of 2.13 innovative environmental regulatory methods and in monitoring 2.14 the environmental performance of projects under this chapter; 2.15 (8) encourage groups of facilities and communities to work 2.16 together to reduce pollution to levels below what is required by 2.17 applicable law; and 2.18 (9) increase levels of trust and communication among 2.19 agencies, regulated parties, and the public. 2.20 Sec. 2. [114C.02] [DEFINITIONS.] 2.21 Subdivision 1. [SCOPE.] For the purposes of this chapter, 2.22 the definitions in this section have the meanings given them. 2.23 Subd. 2. [POLLUTION PREVENTION.] "Pollution prevention" 2.24 has the meaning given in section 115D.03. 2.25 Subd. 3. [SOURCE REDUCTION.] "Source reduction" has the 2.26 meaning given in section 115A.03. 2.27 PERMIT PROJECT 2.28 Sec. 3. [114C.10] [ESTABLISHMENT OF MINNESOTA XL PERMIT 2.29 PROJECT.] 2.30 Subdivision 1. [PROJECT.] The pollution control agency is 2.31 authorized to establish and implement a permit project under 2.32 sections 114C.10 to 114C.14. The purpose of the project is to 2.33 work toward the policy goals listed in section 114C.01 by 2.34 issuing and studying the effect of permits that require 2.35 permittees to reduce overall pollution to levels below what is 2.36 required by applicable law, but which grant greater operational 3.1 flexibility than current law would otherwise allow. Permits 3.2 issued under this project shall be called Minnesota XL permits. 3.3 Subd. 2. [REPORT TO LEGISLATURE.] By January 15, 1998, the 3.4 commissioner of the pollution control agency shall report to the 3.5 legislature on implementation of the project, the environmental 3.6 results of the project, and recommendations for future 3.7 legislation to further the policy of this chapter. 3.8 Sec. 4. [114C.11] [MINNESOTA XL PERMITS.] 3.9 Subdivision 1. [PARTICIPATION IN PROJECT.] The 3.10 commissioner of the pollution control agency may solicit 3.11 requests for participation and shall select the participants in 3.12 the project based on the policy set forth in section 114C.01 and 3.13 to satisfy the criteria of subdivisions 2 and 3. In addition, 3.14 the commissioner shall select participants that collectively 3.15 represent a variety of facility types and projects that are 3.16 expected to reduce air, water, and land pollution. The 3.17 prospective permittees must be regulated by the agency under 3.18 chapter 115, chapter 116, or both, and voluntarily submit a 3.19 proposal for a Minnesota XL permit. If, in the course of 3.20 preparing a Minnesota XL permit for a prospective permittee, the 3.21 commissioner concludes that the Minnesota XL permit will not 3.22 sufficiently promote the policy of section 114C.01 or meet the 3.23 issuance criteria in this section, the commissioner may remove 3.24 the prospective permittee from the project. In that event, the 3.25 commissioner shall provide the prospective permittee with a 3.26 reasonable amount of time to obtain alternative permits made 3.27 necessary by removal from the project. 3.28 Subd. 2. [MINIMUM CRITERIA FOR MINNESOTA XL PERMIT 3.29 ISSUANCE.] The pollution control agency may issue and amend a 3.30 Minnesota XL permit if the agency finds that the permit meets 3.31 the following minimum criteria: 3.32 (1) the permit will result in significantly more overall 3.33 pollution reduction from the facility, its customers, or 3.34 suppliers than would otherwise be required by applicable laws, 3.35 without: 3.36 (i) increasing the toxicity of the overall pollution from 4.1 the facility; or 4.2 (ii) increasing the environmental pollution impacts to the 4.3 local community; 4.4 (2) the pollution limits contained in the permit are 4.5 verifiable and enforceable; 4.6 (3) the stakeholders have been involved in the design of 4.7 the permit and will have the opportunity for continued 4.8 involvement in the implementation and evaluation of it; 4.9 (4) the prospective permittee agrees to provide an 4.10 assessment of the success of the project in reducing the time 4.11 and money spent at the facility on paperwork and other 4.12 administrative tasks that do not directly benefit the 4.13 environment; 4.14 (5) the permittee, the pollution control agency, and other 4.15 state and local agencies are likely to expend less time and 4.16 resources over the long term to administer the Minnesota XL 4.17 permit than other types of permits; and 4.18 (6) the project is consistent with the federal government's 4.19 Project XL guidance. 4.20 Subd. 3. [ADDITIONAL CRITERIA.] In addition to the minimum 4.21 criteria in subdivision 2, the agency, in issuing or amending a 4.22 Minnesota XL permit, must find that the permit meets one or more 4.23 of the following criteria: 4.24 (1) the permit allows the facility owner or operator as 4.25 much operational flexibility as can be reasonably provided 4.26 consistent with the need to achieve the anticipated pollution 4.27 reduction and ensure the verifiability and enforceability of the 4.28 permit's pollution limits; 4.29 (2) the permit provides facility-wide pollution limits 4.30 where practical, verifiable, and enforceable; 4.31 (3) the permit regulates air, water, and land pollution 4.32 effects, direct and indirect; 4.33 (4) the permit allows pollution prevention or source 4.34 reduction; 4.35 (5) the permit allows innovation in the design, production, 4.36 distribution, use, reuse, recycling, or disposal of a product 5.1 such that air, water, and land pollution impacts are minimized 5.2 over the life cycle of a product; 5.3 (6) the permit reduces the emission of nontoxic pollutants 5.4 regulated under applicable law; 5.5 (7) the permit reduces indoor chemical exposure, water use, 5.6 or energy use; 5.7 (8) the permit minimizes transfer, direct and indirect, of 5.8 pollution between the air, water, and land; 5.9 (9) the regulatory techniques employed in the permit have 5.10 potential application to other permittees; 5.11 (10) the permittee agrees to measure and demonstrate the 5.12 success of the Minnesota XL permit in addition to the assessment 5.13 in subdivision 2, clause (4), such as tracking pollution 5.14 prevention incentives and initiatives or using surveys to 5.15 measure any attitudinal changes by facility personnel or the 5.16 public; and 5.17 (11) the permit is multiagency, under subdivision 4. 5.18 Subd. 4. [MULTIAGENCY MINNESOTA XL PERMITS.] The pollution 5.19 control agency may include or vary in a Minnesota XL permit the 5.20 related requirements of other state or local agencies, if the 5.21 pollution control agency and the other state or local agency 5.22 find that it is reasonable to do so. Notwithstanding 5.23 conflicting procedural requirements, the other agencies may 5.24 exercise their related permitting, licensing, or other approval 5.25 responsibilities by including their requirements in the 5.26 Minnesota XL permit. The pollution control agency may not 5.27 include or vary the related requirements of other state or local 5.28 agencies in a Minnesota XL permit unless the other agencies 5.29 agree to sign the permit. The Minnesota XL permit shall 5.30 identify any requirement, the source of which is not the 5.31 pollution control agency, and identify the source agency. The 5.32 commissioner of the pollution control agency and the other 5.33 agencies may agree to share inspection or other responsibilities 5.34 related to the Minnesota XL permit. For purposes of this 5.35 subdivision, requirements are related if they have a direct or 5.36 indirect bearing on environmental protection or indoor chemical 6.1 exposure. 6.2 Sec. 5. [114C.12] [ISSUANCE, AMENDMENT, AND REVOCATION 6.3 PROCEDURE.] 6.4 Subdivision 1. [UNIFIED PERMIT ACTION AND VARIANCE 6.5 PROCEDURE.] The pollution control agency may issue, amend, or 6.6 revoke Minnesota XL permits using the single permit and variance 6.7 procedure in subdivision 2, notwithstanding conflicting state or 6.8 local procedural requirements. If a Minnesota XL permit 6.9 includes variances from applicable state rules or local laws, 6.10 the issuance or amendment of the permit constitutes adoption of 6.11 a variance to such state rules or local laws if the Minnesota XL 6.12 permit identifies, in general terms, any state rules or local 6.13 laws being varied. 6.14 Subd. 2. [PROCEDURE.] (a) The pollution control agency 6.15 must provide at least 30 days for public comment on the agency's 6.16 proposed issuance, amendment, or revocation of a Minnesota XL 6.17 permit. Before the start of the public comment period, the 6.18 commissioner of the pollution control agency must prepare a 6.19 draft permit, permit amendment, or notice of permit revocation 6.20 and a fact sheet that: 6.21 (1) briefly describes the principle facts and the 6.22 significant factual, legal, methodological, and policy questions 6.23 considered by the commissioner and the commissioner's proposed 6.24 determination; 6.25 (2) briefly describes how the permit action proposed by the 6.26 commissioner meets the criteria of section 114C.11 and furthers 6.27 the policy of section 114C.01; and 6.28 (3) identifies any rules that would be varied by the 6.29 commissioner's proposed permit action. 6.30 (b) The commissioner shall prepare a public notice of the 6.31 proposed permit action that: 6.32 (1) briefly describes the facility or activity that is the 6.33 subject of the proposed permit action; 6.34 (2) states the commissioner's proposed permit action and 6.35 whether it includes a variance of any state rules or local laws; 6.36 (3) identifies an agency person to contact for additional 7.1 information; 7.2 (4) states that the draft permit, permit amendment, or 7.3 notice of revocation and the fact sheet are available upon 7.4 request; 7.5 (5) states that comments may be submitted to the agency by 7.6 the public during the comment period; and 7.7 (6) describes the procedures that the agency will use to 7.8 make a final decision, including how persons may request public 7.9 informational meetings, contested case hearings, and appearances 7.10 at public meetings of the agency. 7.11 (c) The commissioner shall mail the public notice to the 7.12 applicant, all persons who have registered with the agency to 7.13 receive notice of permit actions, and to any interested person 7.14 upon request. The commissioner shall make a copy of the public 7.15 notice available at the agency's main office and the applicable 7.16 regional office. The commissioner shall circulate the public 7.17 notice in the geographic area of the facility or activity 7.18 subject to the proposed permit action, either by posting in 7.19 public buildings, by publication in local newspapers or 7.20 periodicals, or by publication in the State Register. 7.21 Subd. 3. [STAKEHOLDER INPUT.] The commissioner of the 7.22 pollution control agency shall ensure that stakeholder 7.23 representatives participate in the design, implementation, and 7.24 evaluation of each Minnesota XL permit. 7.25 Subd. 4. [PERMIT REVOCATION.] The pollution control agency 7.26 may revoke a Minnesota XL permit if requested by the permittee 7.27 or if the agency finds that: 7.28 (1) the permittee is in significant noncompliance with the 7.29 Minnesota XL permit or with applicable law; 7.30 (2) the permittee is not able, or has shown a lack of 7.31 willingness, to comply with future pollution reduction deadlines 7.32 in the Minnesota XL permit; or 7.33 (3) the permitted facility or activity endangers human 7.34 health or the environment and the danger cannot be removed by an 7.35 amendment to the Minnesota XL permit. 7.36 In the event that the agency revokes a Minnesota XL permit, 8.1 the agency shall delay any compliance deadlines that had been 8.2 varied by the Minnesota XL permit if the agency finds it 8.3 necessary to provide the permittee a reasonable amount of time 8.4 to obtain alternative permits and to achieve compliance. If the 8.5 agency allows a delay in compliance deadlines, the permittee 8.6 shall comply with all requirements of the Minnesota XL permit, 8.7 except as determined by the agency in revoking the permit, until 8.8 alternative permits have been issued and compliance achieved. 8.9 Sec. 6. [114C.13] [FEES.] 8.10 Minnesota XL permittees shall continue to be subject to the 8.11 same fee structures they would have been subject to if they had 8.12 obtained the permits that the Minnesota XL permit replaces. 8.13 Sec. 7. [114C.14] [ENFORCEMENT AND JUDICIAL REVIEW.] 8.14 Subdivision 1. [ENFORCEMENT.] A Minnesota XL permit may be 8.15 enforced in any manner provided by law for the enforcement of 8.16 permits issued under chapter 115 or 116, except for requirements 8.17 of other state and local permitting agencies that are included 8.18 in the permit. Requirements of other state and local permitting 8.19 agencies may be enforced using whatever authorities would be 8.20 available if the requirements had been included in permits, 8.21 licenses, or other approvals issued directly by the other 8.22 agencies. The other agencies shall consult with the 8.23 commissioner of the pollution control agency prior to taking any 8.24 action enforcing a Minnesota XL permit. 8.25 Subd. 2. [JUDICIAL REVIEW.] Any person aggrieved by a 8.26 final decision of the pollution control agency to issue, amend, 8.27 or revoke a Minnesota XL permit may obtain judicial review 8.28 pursuant to sections 14.63 to 14.69. 8.29 VARIANCES 8.30 Sec. 8. [114C.15] [VARIANCES THAT PROMOTE POLLUTION 8.31 REDUCTIONS OR REDUCE UNNECESSARY ADMINISTRATIVE BURDEN.] 8.32 In addition to the grounds for granting a variance set 8.33 forth in section 116.07, subdivision 5, the pollution control 8.34 agency may grant variances from its rules in order to: 8.35 (1) promote reduction in overall levels of pollution beyond 8.36 what is required by applicable law, consistent with the purposes 9.1 of this chapter; or 9.2 (2) reduce the administrative burden on the agency or the 9.3 permittee, provided that alternative monitoring, testing, 9.4 notification, recordkeeping, or reporting requirements will 9.5 provide the information needed by the agency to ensure 9.6 compliance. 9.7 Sec. 9. Minnesota Statutes 1994, section 115.03, 9.8 subdivision 1, is amended to read: 9.9 Subdivision 1. [GENERALLY.] The agency is hereby given and 9.10 charged with the following powers and duties: 9.11 (a) To administer and enforce all laws relating to the 9.12 pollution of any of the waters of the state; 9.13 (b) To investigate the extent, character, and effect of the 9.14 pollution of the waters of this state and to gather data and 9.15 information necessary or desirable in the administration or 9.16 enforcement of pollution laws, and to make such classification 9.17 of the waters of the state as it may deem advisable; 9.18 (c) To establish and alter such reasonable pollution 9.19 standards for any waters of the state in relation to the public 9.20 use to which they are or may be put as it shall deem necessary 9.21 for the purposes of this chapter and, with respect to the 9.22 pollution of waters of the state, chapter 116; 9.23 (d) To encourage waste treatment, including advanced waste 9.24 treatment, instead of stream low-flow augmentation for dilution 9.25 purposes to control and prevent pollution; 9.26 (e) To adopt, issue, reissue, modify, deny, or revoke, 9.27 enter into or enforce reasonable orders, permits, variances, 9.28 standards, rules, schedules of compliance, and stipulation 9.29 agreements, under such conditions as it may prescribe, in order 9.30 to prevent, control or abate water pollution, or for the 9.31 installation or operation of disposal systems or parts thereof, 9.32 or for other equipment and facilities; 9.33 (1) Requiring the discontinuance of the discharge of 9.34 sewage, industrial waste or other wastes into any waters of the 9.35 state resulting in pollution in excess of the applicable 9.36 pollution standard established under this chapter; 10.1 (2) Prohibiting or directing the abatement of any discharge 10.2 of sewage, industrial waste, or other wastes, into any waters of 10.3 the state or the deposit thereof or the discharge into any 10.4 municipal disposal system where the same is likely to get into 10.5 any waters of the state in violation of this chapter and, with 10.6 respect to the pollution of waters of the state, chapter 116, or 10.7 standards or rules promulgated or permits issued pursuant 10.8 thereto, and specifying the schedule of compliance within which 10.9 such prohibition or abatement must be accomplished; 10.10 (3) Prohibiting the storage of any liquid or solid 10.11 substance or other pollutant in a manner which does not 10.12 reasonably assure proper retention against entry into any waters 10.13 of the state that would be likely to pollute any waters of the 10.14 state; 10.15 (4) Requiring the construction, installation, maintenance, 10.16 and operation by any person of any disposal system or any part 10.17 thereof, or other equipment and facilities, or the 10.18 reconstruction, alteration, or enlargement of its existing 10.19 disposal system or any part thereof, or the adoption of other 10.20 remedial measures to prevent, control or abate any discharge or 10.21 deposit of sewage, industrial waste or other wastes by any 10.22 person; 10.23 (5) Establishing, and from time to time revising, standards 10.24 of performance for new sources taking into consideration, among 10.25 other things, classes, types, sizes, and categories of sources, 10.26 processes, pollution control technology, cost of achieving such 10.27 effluent reduction, and any nonwater quality environmental 10.28 impact and energy requirements. Said standards of performance 10.29 for new sources shall encompass those standards for the control 10.30 of the discharge of pollutants which reflect the greatest degree 10.31 of effluent reduction which the agency determines to be 10.32 achievable through application of the best available 10.33 demonstrated control technology, processes, operating methods, 10.34 or other alternatives, including, where practicable, a standard 10.35 permitting no discharge of pollutants. New sources shall 10.36 encompass buildings, structures, facilities, or installations 11.1 from which there is or may be the discharge of pollutants, the 11.2 construction of which is commenced after the publication by the 11.3 agency of proposed rules prescribing a standard of performance 11.4 which will be applicable to such source. Notwithstanding any 11.5 other provision of the law of this state, any point source the 11.6 construction of which is commenced after May 20, 1973, and which 11.7 is so constructed as to meet all applicable standards of 11.8 performance for new sources shall, consistent with and subject 11.9 to the provisions of section 306(d) of the Amendments of 1972 to 11.10 the Federal Water Pollution Control Act, not be subject to any 11.11 more stringent standard of performance for new sources during a 11.12 ten-year period beginning on the date of completion of such 11.13 construction or during the period of depreciation or 11.14 amortization of such facility for the purposes of section 167 or 11.15 169, or both, of the Federal Internal Revenue Code of 1954, 11.16 whichever period ends first. Construction shall encompass any 11.17 placement, assembly, or installation of facilities or equipment, 11.18 including contractual obligations to purchase such facilities or 11.19 equipment, at the premises where such equipment will be used, 11.20 including preparation work at such premises; 11.21 (6) Establishing and revising pretreatment standards to 11.22 prevent or abate the discharge of any pollutant into any 11.23 publicly owned disposal system, which pollutant interferes with, 11.24 passes through, or otherwise is incompatible with such disposal 11.25 system; 11.26 (7) Requiring the owner or operator of any disposal system 11.27 or any point source to establish and maintain such records, make 11.28 such reports, install, use, and maintain such monitoring 11.29 equipment or methods, including where appropriate biological 11.30 monitoring methods, sample such effluents in accordance with 11.31 such methods, at such locations, at such intervals, and in such 11.32 a manner as the agency shall prescribe, and providing such other 11.33 information as the agency may reasonably require; 11.34 (8) Notwithstanding any other provision of this chapter, 11.35 and with respect to the pollution of waters of the state, 11.36 chapter 116, requiring the achievement of more stringent 12.1 limitations than otherwise imposed by effluent limitations in 12.2 order to meet any applicable water quality standard by 12.3 establishing new effluent limitations, based upon section 12.4 115.01, subdivision 13, clause (b), including alternative 12.5 effluent control strategies for any point source or group of 12.6 point sources to insure the integrity of water quality 12.7 classifications, whenever the agency determines that discharges 12.8 of pollutants from such point source or sources, with the 12.9 application of effluent limitations required to comply with any 12.10 standard of best available technology, would interfere with the 12.11 attainment or maintenance of the water quality classification in 12.12 a specific portion of the waters of the state. Prior to 12.13 establishment of any such effluent limitation, the agency shall 12.14 hold a public hearing to determine the relationship of the 12.15 economic and social costs of achieving such limitation or 12.16 limitations, including any economic or social dislocation in the 12.17 affected community or communities, to the social and economic 12.18 benefits to be obtained and to determine whether or not such 12.19 effluent limitation can be implemented with available technology 12.20 or other alternative control strategies. If a person affected 12.21 by such limitation demonstrates at such hearing that, whether or 12.22 not such technology or other alternative control strategies are 12.23 available, there is no reasonable relationship between the 12.24 economic and social costs and the benefits to be obtained, such 12.25 limitation shall not become effective and shall be adjusted as 12.26 it applies to such person; 12.27 (9) Modifying, in its discretion, any requirement or 12.28 limitation based upon best available technology with respect to 12.29 any point source for which a permit application is filed after 12.30 July 1, 1977, upon a showing by the owner or operator of such 12.31 point source satisfactory to the agency that such modified 12.32 requirements will represent the maximum use of technology within 12.33 the economic capability of the owner or operator and will result 12.34 in reasonable further progress toward the elimination of the 12.35 discharge of pollutants; and 12.36 (10) Requiring that applicants for wastewater discharge 13.1 permits evaluate in their applications the potential reuses of 13.2 the discharged wastewater; 13.3 (f) To require to be submitted and to approve plans and 13.4 specifications for disposal systems or point sources, or any 13.5 part thereof and to inspect the construction thereof for 13.6 compliance with the approved plans and specifications thereof; 13.7 (g) To prescribe and alter rules, not inconsistent with 13.8 law, for the conduct of the agency and other matters within the 13.9 scope of the powers granted to and imposed upon it by this 13.10 chapter and, with respect to pollution of waters of the state, 13.11 in chapter 116, provided that every rule affecting any other 13.12 department or agency of the state or any person other than a 13.13 member or employee of the agency shall be filed with the 13.14 secretary of state; 13.15 (h) To conduct such investigations, issue such notices, 13.16 public and otherwise, and hold such hearings as are necessary or 13.17 which it may deem advisable for the discharge of its duties 13.18 under this chapter and, with respect to the pollution of waters 13.19 of the state, under chapter 116, including, but not limited to, 13.20 the issuance of permits, and to authorize any member, employee, 13.21 or agent appointed by it to conduct such investigations or, 13.22 issue such notices and hold such hearings; 13.23 (i) For the purpose of water pollution control planning by 13.24 the state and pursuant to the Federal Water Pollution Control 13.25 Act, as amended, to establish and revise planning areas, adopt 13.26 plans and programs and continuing planning processes, including, 13.27 but not limited to, basin plans and areawide waste treatment 13.28 management plans, and to provide for the implementation of any 13.29 such plans by means of, including, but not limited to, 13.30 standards, plan elements, procedures for revision, 13.31 intergovernmental cooperation, residual treatment process waste 13.32 controls, and needs inventory and ranking for construction of 13.33 disposal systems; 13.34 (j) To train water pollution control personnel, and charge 13.35 such fees therefor as are necessary to cover the agency's 13.36 costs. All such fees received shall be paid into the state 14.1 treasury and credited to the pollution control agency training 14.2 account; 14.3 (k) To impose as additional conditions in permits to 14.4 publicly owned disposal systems appropriate measures to insure 14.5 compliance by industrial and other users with any pretreatment 14.6 standard, including, but not limited to, those related to toxic 14.7 pollutants, and any system of user charges ratably as is hereby 14.8 required under state law or said Federal Water Pollution Control 14.9 Act, as amended, or any regulations or guidelines promulgated 14.10 thereunder; 14.11 (l) To set a period not to exceed five years for the 14.12 duration of any National Pollutant Discharge Elimination System 14.13 permit; 14.14 (m) To require each governmental subdivision identified as 14.15 a permittee for a wastewater treatment works to annually 14.16 evaluate the condition of its existing system and identify 14.17 future capital improvements that will be needed to attain or 14.18 maintain compliance with a national pollutant discharge 14.19 elimination system or state disposal system permit; and 14.20 (n) To train individual sewage treatment system personnel, 14.21 including persons who design, construct, install, inspect, 14.22 service, and operate individual sewage treatment systems, and 14.23 charge fees as necessary to pay the agency's costs. All fees 14.24 received must be paid into the state treasury and credited to 14.25 the agency's training account. Money in the account is 14.26 appropriated to the agency to pay expenses related to training. 14.27 The information required in clause (m) must be submitted 14.28 annually to the commissioner on a form provided by the 14.29 commissioner. The commissioner shall provide technical 14.30 assistance if requested by the governmental subdivision. 14.31 The powers and duties given the agency in this subdivision 14.32 also apply to permits issued under chapter 114C. 14.33 Sec. 10. Minnesota Statutes 1994, section 115.03, 14.34 subdivision 2, is amended to read: 14.35 Subd. 2. [HEARING OR INVESTIGATION.] In any hearing or 14.36 investigation conducted pursuant to this chapter and chapters 15.1 114C, 116, and 116F, any employee or agent thereto authorized by 15.2 the agency, may administer oaths, examine witnesses and issue, 15.3 in the name of the agency, subpoenas requiring the attendance 15.4 and testimony of witnesses and the production of evidence 15.5 relevant to any matter involved in any such hearing or 15.6 investigation. Witnesses shall receive the same fees and 15.7 mileage as in civil actions. 15.8 Sec. 11. Minnesota Statutes 1994, section 115.04, is 15.9 amended to read: 15.10 115.04 [DISPOSAL SYSTEMS AND POINT SOURCES.] 15.11 Subdivision 1. [INFORMATION.] Any person operating or 15.12 installing a disposal system or other point source, or portion 15.13 thereof, when requested by the agency, or any member, employee 15.14 or agent thereof, when authorized by it, shall furnish to it any 15.15 information which that person may have or which is relevant to 15.16 the subject of this chapter, chapter 114C, and, with respect to 15.17 the pollution of waters of the state, of chapter 116. 15.18 Subd. 2. [EXAMINATION OF RECORDS.] The agency or any 15.19 member, employee or agent thereof, when authorized by it, upon 15.20 presentation of credentials, may examine and copy any books, 15.21 papers, records or memoranda pertaining to the installation, 15.22 maintenance, or operation or discharge, including, but not 15.23 limited to, monitoring data, of disposal systems or other point 15.24 sources, in accordance with the purposes of this chapter, 15.25 chapter 114C, and, with respect to the pollution of waters of 15.26 the state, chapter 116. 15.27 Subd. 3. [ACCESS TO PREMISES.] Whenever it shall be 15.28 necessary for the purposes of this chapter, chapter 114C, and, 15.29 with respect to pollution of waters of the state, chapter 116, 15.30 the agency or any member, employee, or agent thereof, when 15.31 authorized by it, upon presentation of credentials, may enter 15.32 upon any property, public or private, for the purpose of 15.33 obtaining information or examination of records or conducting 15.34 surveys or investigations. 15.35 Sec. 12. Minnesota Statutes 1994, section 115.071, 15.36 subdivision 1, is amended to read: 16.1 Subdivision 1. [REMEDIES AVAILABLE.] The provisions of 16.2 sections 103F.701 to 103F.761, this chapter and chapters 114C, 16.3 115A, and 116, and sections 325E.10 to 325E.1251 and 325E.32 and 16.4 all rules, standards, orders, stipulation agreements, schedules 16.5 of compliance, and permits adopted or issued by the agency 16.6 thereunder or under any other law now in force or hereafter 16.7 enacted for the prevention, control, or abatement of pollution 16.8 may be enforced by any one or any combination of the following: 16.9 criminal prosecution; action to recover civil penalties; 16.10 injunction; action to compel performance; or other appropriate 16.11 action, in accordance with the provisions of said chapters and 16.12 this section. 16.13 Sec. 13. Minnesota Statutes 1994, section 115.071, 16.14 subdivision 2, is amended to read: 16.15 Subd. 2. [CRIMINAL PENALTIES.] (a) [VIOLATIONS OF LAWS; 16.16 ORDERS; PERMITS.] Except as provided in section 609.671, any 16.17 person who willfully or negligently violates any provision of 16.18 this chapter or chapter 114C or 116, or any standard, rule, 16.19 variance, order, stipulation agreement, schedule of compliance 16.20 or permit issued or adopted by the agency thereunder shall upon 16.21 conviction be guilty of a misdemeanor. 16.22 (b) [DUTY OF LAW ENFORCEMENT OFFICIALS.] It shall be the 16.23 duty of all county attorneys, sheriffs and other peace officers, 16.24 and other officers having authority in the enforcement of the 16.25 general criminal laws to take all action to the extent of their 16.26 authority, respectively, that may be necessary or proper for the 16.27 enforcement of said provisions, rules, standards, orders, 16.28 stipulation agreements, variances, schedule of compliance, or 16.29 permits. 16.30 Sec. 14. Minnesota Statutes 1994, section 115.071, 16.31 subdivision 3, is amended to read: 16.32 Subd. 3. [CIVIL PENALTIES.] Any person who violates any 16.33 provision of this chapter or chapter 114C or 116, except any 16.34 provisions of chapter 116 relating to air and land pollution 16.35 caused by agricultural operations which do not involve National 16.36 Pollutant Discharge Elimination System permits, or of (1) any 17.1 effluent standards and limitations or water quality standards, 17.2 (2) any permit or term or condition thereof, (3) any National 17.3 Pollutant Discharge Elimination System filing requirements, (4) 17.4 any duty to permit or carry out inspection, entry or monitoring 17.5 activities, or (5) any rules, stipulation agreements, variances, 17.6 schedules of compliance, or orders issued by the agency, shall 17.7 forfeit and pay to the state a penalty, in an amount to be 17.8 determined by the court, of not more than $10,000 per day of 17.9 violation except that if the violation relates to hazardous 17.10 waste the person shall forfeit and pay to the state a penalty, 17.11 in an amount to be determined by the court, of not more than 17.12 $25,000 per day of violation. 17.13 In addition, in the discretion of the court, the defendant 17.14 may be required to: 17.15 (a) forfeit and pay to the state a sum which will 17.16 adequately compensate the state for the reasonable value of 17.17 cleanup and other expenses directly resulting from unauthorized 17.18 discharge of pollutants, whether or not accidental; 17.19 (b) forfeit and pay to the state an additional sum to 17.20 constitute just compensation for any loss or destruction to 17.21 wildlife, fish or other aquatic life and for other actual 17.22 damages to the state caused by an unauthorized discharge of 17.23 pollutants. 17.24 As a defense to any of said damages, the defendant may 17.25 prove that the violation was caused solely by (1) an act of God, 17.26 (2) an act of war, (3) negligence on the part of the state of 17.27 Minnesota, or (4) an act or failure to act which constitutes 17.28 sabotage or vandalism, or any combination of the foregoing 17.29 clauses. 17.30 The civil penalties and damages provided for in this 17.31 subdivision may be recovered by a civil action brought by the 17.32 attorney general in the name of the state. 17.33 Sec. 15. Minnesota Statutes 1994, section 115.071, 17.34 subdivision 4, is amended to read: 17.35 Subd. 4. [INJUNCTIONS.] Any violation of the provisions, 17.36 rules, standards, orders, stipulation agreements, variances, 18.1 schedules of compliance, or permits specified in this chapter 18.2 andchapterchapters 114C and 116 shall constitute a public 18.3 nuisance and may be enjoined as provided by law in an action, in 18.4 the name of the state, brought by the attorney general. 18.5 Sec. 16. Minnesota Statutes 1994, section 115.071, 18.6 subdivision 5, is amended to read: 18.7 Subd. 5. [ACTIONS TO COMPEL PERFORMANCE.] In any action to 18.8 compel performance of an order of the agency for any purposes 18.9 relating to the prevention, control or abatement of pollution 18.10 under this chapter andchapterchapters 114C and 116, the court 18.11 may require any defendant adjudged responsible to do and perform 18.12 any and all acts and things within the defendant's power which 18.13 are reasonably necessary to accomplish the purposes of the order. 18.14 In case a municipality or its governing or managing body or any 18.15 of its officers is a defendant, the court may require it to 18.16 exercise its powers, without regard to any limitation of any 18.17 requirement for an election or referendum imposed thereon by law 18.18 and without restricting the powers of the agency to do any or 18.19 all of the following, without limiting the generality hereof: 18.20 to levy taxes, levy special assessments, prescribe service or 18.21 use charges, borrow money, issue bonds, employ assistance, 18.22 acquire real or personal property, let contracts or otherwise 18.23 provide for the doing of work or the construction, installation, 18.24 maintenance, or operation of facilities, and do all other acts 18.25 and things reasonably necessary to accomplish the purposes of 18.26 the order, but the court shall grant the municipality the 18.27 opportunity to determine the appropriate financial alternatives 18.28 to be utilized in complying with the court imposed requirements. 18.29 Sec. 17. Minnesota Statutes 1994, section 115.072, is 18.30 amended to read: 18.31 115.072 [RECOVERY OF LITIGATION COSTS AND EXPENSES.] 18.32 In any action brought by the attorney general, in the name 18.33 of the state, pursuant to the provisions of this chapter and 18.34chapterchapters 114C and 116, for civil penalties, injunctive 18.35 relief, or in an action to compel compliance, if the state shall 18.36 finally prevail, and if the proven violation was willful, the 19.1 state, in addition to other penalties provided in this chapter, 19.2 may be allowed an amount determined by the court to be the 19.3 reasonable value of all or a part of the litigation expenses 19.4 incurred by the state. In determining the amount of such 19.5 litigation expenses to be allowed, the court shall give 19.6 consideration to the economic circumstances of the defendant. 19.7 Amounts recovered under the provisions of this section and 19.8 section 115.071, subdivisions 3 to 5, shall be paid into the 19.9 environmental fund in the state treasury to the extent provided 19.10 in section 115.073. 19.11 Sec. 18. Minnesota Statutes 1994, section 115.075, is 19.12 amended to read: 19.13 115.075 [INFORMATION AND MONITORING.] 19.14 A person may not: 19.15 (1) make a false material statement, representation, or 19.16 certification in; omit material information from; or alter, 19.17 conceal, or fail to file or maintain a notice, application, 19.18 record, report, plan, manifest, or other document required under 19.19 section 103F.701 or this chapter or chapter 114C, 115A, or 116; 19.20 or 19.21 (2) falsify, tamper with, render inaccurate, or fail to 19.22 install a monitoring device or method required to be maintained 19.23 or followed for the purpose of compliance with sections 103F.701 19.24 to 103F.761 or this chapter or chapter 114C, 115A, or 116. 19.25 Sec. 19. Minnesota Statutes 1994, section 115.076, 19.26 subdivision 1, is amended to read: 19.27 Subdivision 1. [AUTHORITY OF COMMISSIONER.] The agency may 19.28 refuse to issue or to authorize the transfer of a hazardous 19.29 waste facility permit or a solid waste facility permit to 19.30 construct or operate a commercial waste facility as defined in 19.31 section 115A.03, subdivision 6, if the agency determines that 19.32 the permit applicant does not possess sufficient expertise and 19.33 competence to operate the facility in conformance with the 19.34 requirements of this chapter andchapterchapters 114C and 116, 19.35 or if other circumstances exist that demonstrate that the permit 19.36 applicant may not operate the facility in conformance with the 20.1 requirements of this chapter andchapterchapters 114C and 116. 20.2 In making this determination, the agency may consider: 20.3 (1) the experience of the permit applicant in constructing 20.4 or operating commercial waste facilities; 20.5 (2) the expertise of the permit applicant; 20.6 (3) the past record of the permit applicant in operating 20.7 commercial waste facilities in Minnesota and other states; 20.8 (4) any criminal convictions of the permit applicant in 20.9 state or federal court during the past five years that bear on 20.10 the likelihood that the permit applicant will operate the 20.11 facility in conformance with the requirements of this chapter 20.12 andchapterchapters 114C and 116; and 20.13 (5) in the case of a corporation or business entity, any 20.14 criminal convictions in state or federal court during the past 20.15 five years of any of the permit applicant's officers, partners, 20.16 or facility managers that bear on the likelihood that the 20.17 facility will be operated in conformance with the requirements 20.18 of this chapter andchapterchapters 114C and 116. 20.19 Sec. 20. Minnesota Statutes 1994, section 116.07, 20.20 subdivision 9, is amended to read: 20.21 Subd. 9. [ORDERS; INVESTIGATIONS.] The agency shall have 20.22 the following powers and duties for the enforcement of any 20.23 provision of this chapter and chapter 114C, relating to air 20.24 contamination or waste: 20.25 (a) to adopt, issue, reissue, modify, deny, revoke, enter 20.26 into or enforce reasonable orders, schedules of compliance and 20.27 stipulation agreements; 20.28 (b) to require the owner or operator of any emission 20.29 facility, air contaminant treatment facility, potential air 20.30 contaminant storage facility, or any system or facility related 20.31 to the storage, collection, transportation, processing, or 20.32 disposal of waste to establish and maintain records; to make 20.33 reports; to install, use, and maintain monitoring equipment or 20.34 methods; and to make tests, including testing for odor where a 20.35 nuisance may exist, in accordance with methods, at locations, at 20.36 intervals, and in a manner as the agency shall prescribe; and to 21.1 provide other information as the agency may reasonably require; 21.2 (c) to conduct investigations, issue notices, public and 21.3 otherwise, and order hearings as it may deem necessary or 21.4 advisable for the discharge of its duties under this chapter and 21.5 chapter 114C, including but not limited to the issuance of 21.6 permits; and to authorize any member, employee, or agent 21.7 appointed by it to conduct the investigations and issue the 21.8 notices. 21.9 Sec. 21. Minnesota Statutes 1995 Supplement, section 21.10 116.072, subdivision 1, is amended to read: 21.11 Subdivision 1. [AUTHORITY TO ISSUE PENALTY ORDERS.] (a) 21.12 The commissioner may issue an order requiring violations to be 21.13 corrected and administratively assessing monetary penalties for 21.14 violations of this chapter and chapters 114C, 115, 115A, 115D, 21.15 and 115E, any rules adopted under those chapters, and any 21.16 standards, limitations, or conditions established in an agency 21.17 permit; and for failure to respond to a request for information 21.18 under section 115B.17, subdivision 3. The order must be issued 21.19 as provided in this section. 21.20 (b) A county board may adopt an ordinance containing 21.21 procedures for the issuance of administrative penalty orders and 21.22 may issue orders beginning August 1, 1996. Before adopting 21.23 ordinances, counties shall work cooperatively with the agency to 21.24 develop an implementation plan for the orders that substantially 21.25 conforms to a model ordinance developed by the counties and the 21.26 agency. After adopting the ordinance, the county board may 21.27 issue orders requiring violations to be corrected and 21.28 administratively assessing monetary penalties for violations of 21.29 county ordinances adopted under section 400.16, 400.161, or 21.30 473.811 or chapter 115A that regulate solid and hazardous waste 21.31 and any standards, limitations, or conditions established in a 21.32 county license issued pursuant to these ordinances. For 21.33 violations of ordinances relating to hazardous waste, a county's 21.34 penalty authority is described in subdivisions 2 to 5. For 21.35 violations of ordinances relating to solid waste, a county's 21.36 penalty authority is described in subdivision 5a. Subdivisions 22.1 6 to 11 apply to violations of ordinances relating to both solid 22.2 and hazardous waste. 22.3 (c) Monetary penalties collected by a county must be used 22.4 to manage solid and hazardous waste. A county board's authority 22.5 is limited to violations described in paragraph (b). Its 22.6 authority to issue orders under this section expires August 1, 22.7 1999. 22.8 Sec. 22. Minnesota Statutes 1994, section 116.091, 22.9 subdivision 1, is amended to read: 22.10 Subdivision 1. [INFORMATION.] Any person operating any 22.11 emission system or facility specified in chapter 114C or section 22.12 116.081, subdivision 1, when requested by the pollution control 22.13 agency, shall furnish to it any information which that person 22.14 may have which is relevant to pollution or the rules or 22.15 provisions of this chapter. 22.16 Sec. 23. Minnesota Statutes 1994, section 116.091, 22.17 subdivision 3, is amended to read: 22.18 Subd. 3. [ACCESS TO PREMISES.] Whenever the agency deems 22.19 it necessary for the purposes of this chapter or chapter 114C, 22.20 the agency or any member, employee, or agent thereof, when 22.21 authorized by it, may enter upon any property, public or 22.22 private, for the purpose of obtaining information or conducting 22.23 surveys or investigations. 22.24 Sec. 24. [INSTRUCTION TO REVISOR.] 22.25 The revisor of statutes shall codify the environmental 22.26 improvement pilot program, Laws 1995, chapter 168, sections 8 to 22.27 21, as Minnesota Statutes, sections 114C.20 to 114C.33.