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HF 2543

4th Engrossment - 88th Legislature (2013 - 2014) Posted on 05/05/2014 06:49pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 4th Engrossment

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A bill for an act
relating to environment; classifying certain data; modifying certain reporting
requirements; modifying and creating certain permitting efficiencies; modifying
duties of Pollution Control Agency; modifying administrative penalty order
and field citation provisions; providing civil penalties; requiring rulemaking;
appropriating money; amending Minnesota Statutes 2012, sections 13.741, by
adding a subdivision; 84.027, subdivision 14a, by adding a subdivision; 115.03,
subdivisions 1, 10; 115.551; 116.03, subdivision 2b; 116.07, subdivision 4d;
116.072, subdivision 2; 116.073, subdivisions 1, 2; 116J.035, subdivision 8.

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

Section 1.

Minnesota Statutes 2012, section 13.741, is amended by adding a
subdivision to read:


new text begin Subd. 4. new text end

new text begin Electronic submittal data. new text end

new text begin Preliminary data entered or uploaded into
the Pollution Control Agency online data submission system are classified as private or
nonpublic data. The data is public once electronically transmitted through and received by
the Pollution Control Agency from the online data submission system, unless otherwise
classified by law.
new text end

Sec. 2.

Minnesota Statutes 2012, section 84.027, subdivision 14a, is amended to read:


Subd. 14a.

Permitting efficiency.

(a) It is the goal of the state that environmental
and resource management permits be issued or denied within new text begin90 days for Tier 1 permits
or
new text end150 days deleted text beginof thedeleted text endnew text begin for Tier 2 permits followingnew text end submission of a permit application.
The commissioner of natural resources shall establish management systems designed
to achieve the goal.

(b) The commissioner shall prepare deleted text beginsemiannualdeleted text endnew text begin an annualnew text end permitting efficiency
deleted text beginreportsdeleted text endnew text begin reportnew text end that deleted text beginincludedeleted text endnew text begin includesnew text end statistics on meeting the goal in paragraph (a)new text begin and the
criteria for Tier 1 and Tier 2 by permit categories
new text end. The deleted text beginreports aredeleted text endnew text begin report isnew text end due deleted text beginFebruary 1
and
deleted text end August 1 each year. For permit applications that have not met the goal, the report
must state the reasons for not meeting the goal. In stating the reasons for not meeting the
goal, the commissioner shall separately identify delays caused by the responsiveness of
the proposer, lack of staff, scientific or technical disagreements, or the level of public
engagement. The report must specify the number of days from initial submission of the
application to the day of determination that the application is complete. The report deleted text beginfor
August 1 each year
deleted text end must aggregate the data for the year and assess whether program
or system changes are necessary to achieve the goal. The report must be posted on the
department's Web site and submitted to the governor and the chairs and ranking minority
members of the house of representatives and senate committees having jurisdiction over
natural resources policy and finance.

(c) The commissioner shall allow electronic submission of environmental review
and permit documents to the department.

(d) Beginning July 1, 2011, within 30 business days of application for a permit
subject to paragraph (a), the commissioner of natural resources shall notify the
project proposer, in writing, whether the application is complete or incomplete. If the
commissioner determines that an application is incomplete, the notice to the applicant must
enumerate all deficiencies, citing specific provisions of the applicable rules and statutes,
and advise the applicant on how the deficiencies can be remedied. new text beginIf the commissioner
determines that the application is complete, the notice must confirm the application's Tier
1 or Tier 2 permit status.
new text endThis paragraph does not apply to an application for a permit that
is subject to a grant or loan agreement under chapter 446A.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 3.

Minnesota Statutes 2012, section 84.027, is amended by adding a subdivision
to read:


new text begin Subd. 14b. new text end

new text begin Expediting costs; reimbursement. new text end

new text begin Permit applicants who wish
to construct, reconstruct, modify, or operate a facility needing any permit from the
commissioner of natural resources may offer to reimburse the department for the costs
of staff time or consultant services needed to expedite the permit development process,
including the analysis of environmental review documents. The reimbursement shall be in
addition to permit application fees imposed by law. When the commissioner determines
that additional resources are needed to develop the permit application in an expedited
manner, and that expediting the development is consistent with permitting program
priorities, the commissioner may accept the reimbursement. Reimbursements accepted
by the commissioner are appropriated to the commissioner for the purpose of developing
the permit or analyzing environmental review documents. Reimbursement by a permit
applicant shall precede and not be contingent upon issuance of a permit; shall not affect
the commissioner's decision on whether to issue or deny a permit, what conditions are
included in a permit, or the application of state and federal statutes and rules governing
permit determinations; and shall not affect final decisions regarding environmental review.
new text end

Sec. 4.

Minnesota Statutes 2012, section 115.03, subdivision 1, is amended to read:


Subdivision 1.

Generally.

The agency is hereby given and charged with the
following powers and duties:

(a) to administer and enforce all laws relating to the pollution of any of the waters of
the state;

(b) to investigate the extent, character, and effect of the pollution of the waters of
this state and to gather data and information necessary or desirable in the administration
or enforcement of pollution laws, and to make such classification of the waters of the
state as it may deem advisable;

(c) to establish and alter such reasonable pollution standards for any waters of
the state in relation to the public use to which they are or may be put as it shall deem
necessary for the purposes of this chapter and, with respect to the pollution of waters
of the state, chapter 116;

(d) to encourage waste treatment, including advanced waste treatment, instead of
stream low-flow augmentation for dilution purposes to control and prevent pollution;

(e) to adopt, issue, reissue, modify, deny, or revoke, enter into or enforce reasonable
orders, permits, variances, standards, rules, schedules of compliance, and stipulation
agreements, under such conditions as it may prescribe, in order to prevent, control or abate
water pollution, or for the installation or operation of disposal systems or parts thereof, or
for other equipment and facilities:

(1) requiring the discontinuance of the discharge of sewage, industrial waste or
other wastes into any waters of the state resulting in pollution in excess of the applicable
pollution standard established under this chapter;

(2) prohibiting or directing the abatement of any discharge of sewage, industrial
waste, or other wastes, into any waters of the state or the deposit thereof or the discharge
into any municipal disposal system where the same is likely to get into any waters of the
state in violation of this chapter and, with respect to the pollution of waters of the state,
chapter 116, or standards or rules promulgated or permits issued pursuant thereto, and
specifying the schedule of compliance within which such prohibition or abatement must
be accomplished;

(3) prohibiting the storage of any liquid or solid substance or other pollutant in a
manner which does not reasonably assure proper retention against entry into any waters of
the state that would be likely to pollute any waters of the state;

(4) requiring the construction, installation, maintenance, and operation by any
person of any disposal system or any part thereof, or other equipment and facilities, or
the reconstruction, alteration, or enlargement of its existing disposal system or any part
thereof, or the adoption of other remedial measures to prevent, control or abate any
discharge or deposit of sewage, industrial waste or other wastes by any person;

(5) establishing, and from time to time revising, standards of performance for new
sources taking into consideration, among other things, classes, types, sizes, and categories
of sources, processes, pollution control technology, cost of achieving such effluent
reduction, and any nonwater quality environmental impact and energy requirements.
Said standards of performance for new sources shall encompass those standards for the
control of the discharge of pollutants which reflect the greatest degree of effluent reduction
which the agency determines to be achievable through application of the best available
demonstrated control technology, processes, operating methods, or other alternatives,
including, where practicable, a standard permitting no discharge of pollutants. New
sources shall encompass buildings, structures, facilities, or installations from which there
is or may be the discharge of pollutants, the construction of which is commenced after the
publication by the agency of proposed rules prescribing a standard of performance which
will be applicable to such source. Notwithstanding any other provision of the law of this
state, any point source the construction of which is commenced after May 20, 1973, and
which is so constructed as to meet all applicable standards of performance for new sources
shall, consistent with and subject to the provisions of section 306(d) of the Amendments
of 1972 to the Federal Water Pollution Control Act, not be subject to any more stringent
standard of performance for new sources during a ten-year period beginning on the date
of completion of such construction or during the period of depreciation or amortization
of such facility for the purposes of section 167 or 169, or both, of the Federal Internal
Revenue Code of 1954, whichever period ends first. Construction shall encompass any
placement, assembly, or installation of facilities or equipment, including contractual
obligations to purchase such facilities or equipment, at the premises where such equipment
will be used, including preparation work at such premises;

(6) establishing and revising pretreatment standards to prevent or abate the discharge
of any pollutant into any publicly owned disposal system, which pollutant interferes with,
passes through, or otherwise is incompatible with such disposal system;

(7) requiring the owner or operator of any disposal system or any point source to
establish and maintain such records, make such reports, install, use, and maintain such
monitoring equipment or methods, including where appropriate biological monitoring
methods, sample such effluents in accordance with such methods, at such locations, at
such intervals, and in such a manner as the agency shall prescribe, and providing such
other information as the agency may reasonably require;

(8) notwithstanding any other provision of this chapter, and with respect to the
pollution of waters of the state, chapter 116, requiring the achievement of more stringent
limitations than otherwise imposed by effluent limitations in order to meet any applicable
water quality standard by establishing new effluent limitations, based upon section 115.01,
subdivision 13
, clause (b), including alternative effluent control strategies for any point
source or group of point sources to insure the integrity of water quality classifications,
whenever the agency determines that discharges of pollutants from such point source or
sources, with the application of effluent limitations required to comply with any standard
of best available technology, would interfere with the attainment or maintenance of
the water quality classification in a specific portion of the waters of the state. Prior to
establishment of any such effluent limitation, the agency shall hold a public hearing to
determine the relationship of the economic and social costs of achieving such limitation
or limitations, including any economic or social dislocation in the affected community
or communities, to the social and economic benefits to be obtained and to determine
whether or not such effluent limitation can be implemented with available technology or
other alternative control strategies. If a person affected by such limitation demonstrates at
such hearing that, whether or not such technology or other alternative control strategies
are available, there is no reasonable relationship between the economic and social costs
and the benefits to be obtained, such limitation shall not become effective and shall be
adjusted as it applies to such person;

(9) modifying, in its discretion, any requirement or limitation based upon best
available technology with respect to any point source for which a permit application is
filed after July 1, 1977, upon a showing by the owner or operator of such point source
satisfactory to the agency that such modified requirements will represent the maximum
use of technology within the economic capability of the owner or operator and will result
in reasonable further progress toward the elimination of the discharge of pollutants; and

(10) requiring that applicants for wastewater discharge permits evaluate in their
applications the potential reuses of the discharged wastewater;

(f) to require to be submitted and to approve plans and specifications for disposal
systems or point sources, or any part thereof and to inspect the construction thereof for
compliance with the approved plans and specifications thereof;

(g) to prescribe and alter rules, not inconsistent with law, for the conduct of the
agency and other matters within the scope of the powers granted to and imposed upon it by
this chapter and, with respect to pollution of waters of the state, in chapter 116, provided
that every rule affecting any other department or agency of the state or any person other
than a member or employee of the agency shall be filed with the secretary of state;

(h) to conduct such investigations, issue such notices, public and otherwise, and hold
such hearings as are necessary or which it may deem advisable for the discharge of its
duties under this chapter and, with respect to the pollution of waters of the state, under
chapter 116, including, but not limited to, the issuance of permits, and to authorize any
member, employee, or agent appointed by it to conduct such investigations or, issue such
notices and hold such hearings;

(i) for the purpose of water pollution control planning by the state and pursuant to
the Federal Water Pollution Control Act, as amended, to establish and revise planning
areas, adopt plans and programs and continuing planning processes, including, but not
limited to, basin plans and areawide waste treatment management plans, and to provide
for the implementation of any such plans by means of, including, but not limited to,
standards, plan elements, procedures for revision, intergovernmental cooperation, residual
treatment process waste controls, and needs inventory and ranking for construction
of disposal systems;

(j) to train water pollution control personnel, and charge such fees therefor as are
necessary to cover the agency's costs. All such fees received shall be paid into the state
treasury and credited to the Pollution Control Agency training account;

(k) to impose as additional conditions in permits to publicly owned disposal
systems appropriate measures to insure compliance by industrial and other users with any
pretreatment standard, including, but not limited to, those related to toxic pollutants, and
any system of user charges ratably as is hereby required under state law or said Federal
Water Pollution Control Act, as amended, or any regulations or guidelines promulgated
thereunder;

(l) to set a period not to exceed five years for the duration of any national pollutant
discharge elimination system permitnew text begin or not to exceed ten years for any permit issued as a
state disposal system permit only
new text end;

(m) to require each governmental subdivision identified as a permittee for a
wastewater treatment works to evaluate in every odd-numbered year the condition of its
existing system and identify future capital improvements that will be needed to attain
or maintain compliance with a national pollutant discharge elimination system or state
disposal system permit; and

(n) to train subsurface sewage treatment system personnel, including persons who
design, construct, install, inspect, service, and operate subsurface sewage treatment
systems, and charge fees as necessary to pay the agency's costs. All fees received must be
paid into the state treasury and credited to the agency's training account. Money in the
account is appropriated to the agency to pay expenses related to training.

The information required in clause (m) must be submitted in every odd-numbered year
to the commissioner on a form provided by the commissioner. The commissioner shall
provide technical assistance if requested by the governmental subdivision.

The powers and duties given the agency in this subdivision also apply to permits
issued under chapter 114C.

Sec. 5.

Minnesota Statutes 2012, section 115.03, subdivision 10, is amended to read:


Subd. 10.

deleted text beginNutrientdeleted text endnew text begin Pollutantnew text end loading offset.

(a) deleted text beginPrior to the completion of a
total maximum daily load for an impaired water,
deleted text end The Pollution Control Agency may
issue deleted text begina permit for a new discharger or an expanding discharger if it results in decreased
loading to an impaired water. Where a new discharger or an expanding existing discharger
cannot effectively implement zero discharge options, the agency may issue a permit if
the increased loading is offset by reductions
deleted text endnew text begin or amend permits to authorize pollutant
discharges to a receiving water and may authorize reductions in loading
new text end from other
sources deleted text beginof loading to the impaired water, so that there isdeleted text endnew text begin to the same receiving water, if
together the changes achieve
new text end a net decrease in the pollutant loading deleted text beginof concern. The term
"new discharger" is as defined in Code of Federal Regulations, title 40, section 122.2.
deleted text endnew text begin to
the receiving water. A point source participating in a water quality offset authorized by
this subdivision must have pollutant load reduction requirements for the traded pollutants
based on water quality based effluent limits or wasteload allocations in place prior to the
offset. The pollutant load reduction requirements in place prior to the offset must meet the
requirements of this chapter and Minnesota Rules, parts 7050.0150, subpart 8; 7053.0205;
and 7053.0215, including, but not limited to, requirements related to pollutant form,
spatial loading, and temporal loading. The agency must require significant offset ratios for
offsets between permitted sources and nonpermitted sources and must demonstrate how
nonpermitted source offset credits make progress toward ensuring attainment of water
quality standards. The agreement of a source to participate in an offset is voluntary. The
agency shall track the pollutant offsets or "trades" implemented under this subdivision.
new text end

(b) The legislature intends this subdivision to confirm and clarify the authority of the
Pollution Control Agency to issue the authorized permits under prior law. The subdivision
must not be construed as a legislative interpretation within the meaning of section 645.16,
clause (8), or otherwise as the legislature's intent that the agency did not have authority to
issue such a permit under prior law.

Sec. 6.

Minnesota Statutes 2012, section 115.551, is amended to read:


115.551 TANK FEE.

(a) An installer shall pay a fee of $25 for each septic system tank installed in the
previous calendar year. deleted text beginThe fees required under this section must be paiddeleted text endnew text begin By January 30
each year, the installer shall submit
new text end to the commissioner deleted text beginby January 30 of each yeardeleted text endnew text begin a
form showing the number of tanks installed in each jurisdiction in the previous calendar
year. The commissioner shall invoice the installers with the final fee due. Tank fee
payment is due within 30 days of receiving the invoice
new text end. The revenue derived from the fee
imposed under this section shall be deposited in the environmental fund and is exempt
from section 16A.1285.

(b) Notwithstanding paragraph (a), for the purposes of performance-based subsurface
sewage treatment systems, the tank fee is limited to $25 per household system installation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015, and applies to
tanks installed on or after January 1, 2015.
new text end

Sec. 7.

Minnesota Statutes 2012, section 116.03, subdivision 2b, is amended to read:


Subd. 2b.

Permitting efficiency.

(a) It is the goal of the state that environmental
and resource management permits be issued or denied within new text begin 90 days for Tier 1 permits
or
new text end150 days deleted text beginof thedeleted text endnew text begin for Tier 2 permits followingnew text end submission of a permit application. The
commissioner of the Pollution Control Agency shall establish management systems
designed to achieve the goal. new text beginFor the purposes of this section, "Tier 1 permits" are permits
that do not require individualized actions or public comment periods, and "Tier 2 permits"
are permits that require individualized actions or public comment periods.
new text end

(b) The commissioner shall prepare deleted text beginsemiannualdeleted text endnew text begin an annualnew text end permitting efficiency
deleted text beginreportsdeleted text endnew text begin reportnew text end that deleted text beginincludedeleted text endnew text begin includesnew text end statistics on meeting the goal in paragraph (a)new text begin and the
criteria for Tier 1 and Tier 2 by permit categories
new text end. The deleted text beginreports aredeleted text endnew text begin report isnew text end due deleted text beginFebruary 1
and
deleted text end August 1 each year. For permit applications that have not met the goal, the report
must state the reasons for not meeting the goal. In stating the reasons for not meeting the
goal, the commissioner shall separately identify delays caused by the responsiveness of
the proposer, lack of staff, scientific or technical disagreements, or the level of public
engagement. The report must specify the number of days from initial submission of the
application to the day of determination that the application is complete. The report deleted text beginfor
August 1 each year
deleted text end must aggregate the data for the year and assess whether program
or system changes are necessary to achieve the goal. The report must be posted on the
agency's Web site and submitted to the governor and the chairs and ranking minority
members of the house of representatives and senate committees having jurisdiction over
environment policy and finance.

(c) The commissioner shall allow electronic submission of environmental review
and permit documents to the agency.

(d) Beginning July 1, 2011, within 30 business days of application for a permit
subject to paragraph (a), the commissioner of the Pollution Control Agency shall notify
the project proposer, in writing, whether the application is complete or incomplete. If the
commissioner determines that an application is incomplete, the notice to the applicant must
enumerate all deficiencies, citing specific provisions of the applicable rules and statutes,
and advise the applicant on how the deficiencies can be remedied. new text beginIf the commissioner
determines that the application is complete, the notice must confirm the application's Tier
1 or Tier 2 permit status.
new text endThis paragraph does not apply to an application for a permit that
is subject to a grant or loan agreement under chapter 446A.

(e) For purposes of this subdivision, "permit professional" means an individual not
employed by the Pollution Control Agency who:

(1) has a professional license issued by the state of Minnesota in the subject area
of the permit;

(2) has at least ten years of experience in the subject area of the permit; and

(3) abides by the duty of candor applicable to employees of the Pollution Control
Agency under agency rules and complies with all applicable requirements under chapter
326.

(f) Upon the agency's request, an applicant relying on a permit professional must
participate in a meeting with the agency before submitting an application:

(1) at least two weeks prior to the preapplication meeting, the applicant must submit
at least the following:

(i) project description, including, but not limited to, scope of work, primary
emissions points, discharge outfalls, and water intake points;

(ii) location of the project, including county, municipality, and location on the site;

(iii) business schedule for project completion; and

(iv) other information requested by the agency at least four weeks prior to the
scheduled meeting; and

(2) during the preapplication meeting, the agency shall provide for the applicant at
least the following:

(i) an overview of the permit review program;

(ii) a determination of which specific application or applications will be necessary
to complete the project;

(iii) a statement notifying the applicant if the specific permit being sought requires a
mandatory public hearing or comment period;

(iv) a review of the timetable established in the permit review program for the
specific permit being sought; and

(v) a determination of what information must be included in the application,
including a description of any required modeling or testing.

(g) The applicant may select a permit professional to undertake the preparation
of the permit application and draft permit.

(h) If a preapplication meeting was held, the agency shall, within seven business
days of receipt of an application, notify the applicant and submitting permit professional
that the application is complete or is denied, specifying the deficiencies of the application.

(i) Upon receipt of notice that the application is complete, the permit professional
shall submit to the agency a timetable for submitting a draft permit. The permit
professional shall submit a draft permit on or before the date provided in the timetable.
Within 60 days after the close of the public comment period, the commissioner shall notify
the applicant whether the permit can be issued.

(j) Nothing in this section shall be construed to modify:

(1) any requirement of law that is necessary to retain federal delegation to or
assumption by the state; or

(2) the authority to implement a federal law or program.

(k) The permit application and draft permit shall identify or include as an appendix
all studies and other sources of information used to substantiate the analysis contained in
the permit application and draft permit. The commissioner shall request additional studies,
if needed, and the project proposer shall submit all additional studies and information
necessary for the commissioner to perform the commissioner's responsibility to review,
modify, and determine the completeness of the application and approve the draft permit.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 8.

Minnesota Statutes 2012, section 116.07, subdivision 4d, is amended to read:


Subd. 4d.

Permit fees.

(a) The agency may collect permit fees in amounts not greater
than those necessary to cover the reasonable costs of developing, reviewing, and acting
upon applications for agency permits and implementing and enforcing the conditions of
the permits pursuant to agency rules. Permit fees shall not include the costs of litigation.
The fee schedule must reflect reasonable and routine direct and indirect costs associated
with permitting, implementation, and enforcement. The agency may impose an additional
enforcement fee to be collected for a period of up to two years to cover the reasonable costs
of implementing and enforcing the conditions of a permit under the rules of the agency.
Any money collected under this paragraph shall be deposited in the environmental fund.

(b) Notwithstanding paragraph (a), the agency shall collect an annual fee from
the owner or operator of all stationary sources, emission facilities, emissions units, air
contaminant treatment facilities, treatment facilities, potential air contaminant storage
facilities, or storage facilities subject to the requirement to obtain a permit under
subchapter V of the federal Clean Air Act, United States Code, title 42, section 7401 et
seq., or section 116.081. The annual fee shall be used to pay for all direct and indirect
reasonable costs, including attorney general costs, required to develop and administer
the permit program requirements of subchapter V of the federal Clean Air Act, United
States Code, title 42, section 7401 et seq., and sections of this chapter and the rules
adopted under this chapter related to air contamination and noise. Those costs include the
reasonable costs of reviewing and acting upon an application for a permit; implementing
and enforcing statutes, rules, and the terms and conditions of a permit; emissions, ambient,
and deposition monitoring; preparing generally applicable regulations; responding to
federal guidance; modeling, analyses, and demonstrations; preparing inventories and
tracking emissions; and providing information to the public about these activities.

(c) The agency shall set fees that:

(1) will result in the collection, in the aggregate, from the sources listed in paragraph
(b), of an amount not less than $25 per ton of each volatile organic compound; pollutant
regulated under United States Code, title 42, section 7411 or 7412 (section 111 or 112
of the federal Clean Air Act); and each pollutant, except carbon monoxide, for which a
national primary ambient air quality standard has been promulgated;

(2) may result in the collection, in the aggregate, from the sources listed in paragraph
(b), of an amount not less than $25 per ton of each pollutant not listed in clause (1) that is
regulated under this chapter or air quality rules adopted under this chapter; and

(3) shall collect, in the aggregate, from the sources listed in paragraph (b), the
amount needed to match grant funds received by the state under United States Code, title
42, section 7405 (section 105 of the federal Clean Air Act).

The agency must not include in the calculation of the aggregate amount to be collected
under clauses (1) and (2) any amount in excess of 4,000 tons per year of each air pollutant
from a source. The increase in air permit fees to match federal grant funds shall be a
surcharge on existing fees. The commissioner may not collect the surcharge after the grant
funds become unavailable. In addition, the commissioner shall use nonfee funds to the
extent practical to match the grant funds so that the fee surcharge is minimized.

(d) To cover the reasonable costs described in paragraph (b), the agency shall provide
in the rules promulgated under paragraph (c) for an increase in the fee collected in each year
by the percentage, if any, by which the Consumer Price Index for the most recent calendar
year ending before the beginning of the year the fee is collected exceeds the Consumer Price
Index for the calendar year 1989. For purposes of this paragraph the Consumer Price Index
for any calendar year is the average of the Consumer Price Index for all-urban consumers
published by the United States Department of Labor, as of the close of the 12-month period
ending on August 31 of each calendar year. The revision of the Consumer Price Index that
is most consistent with the Consumer Price Index for calendar year 1989 shall be used.

(e) Any money collected under paragraphs (b) to (d) must be deposited in the
environmental fund and must be used solely for the activities listed in paragraph (b).

(f) deleted text beginPersonsdeleted text endnew text begin Permit applicantsnew text end who wish to construct deleted text beginor expanddeleted text endnew text begin, reconstruct, or
modify
new text end a facility may offer to reimburse the agency for the costs of staff deleted text beginovertimedeleted text endnew text begin time
new text end or consultant services needed to expedite new text beginthe new text endpermit new text begindevelopment process, including the
analysis of environmental
new text endreviewnew text begin documentsnew text end. The reimbursement shall be in addition
to new text beginpermit application new text endfees imposed by law. When the agency determines that it needs
additional resources to deleted text beginreviewdeleted text endnew text begin developnew text end the permit application in an expedited manner, and
that expediting the deleted text beginreview would not disruptdeleted text endnew text begin development is consistent withnew text end permitting
program priorities, the agency may accept the reimbursement. Reimbursements accepted
by the agency are appropriated to the agency for the purpose of deleted text beginreviewingdeleted text endnew text begin developingnew text end the
permit deleted text beginapplicationdeleted text endnew text begin or analyzing environmental review documentsnew text end. Reimbursement by a
permit applicant shall precede and not be contingent upon issuance of a permit deleted text beginanddeleted text endnew text begin;new text end shall
not affect the agency's decision on whether to issue or deny a permit, what conditions are
included in a permit, or the application of state and federal statutes and rules governing
permit determinationsnew text begin; and shall not affect final decisions regarding environmental reviewnew text end.

(g) The fees under this subdivision are exempt from section 16A.1285.

Sec. 9.

Minnesota Statutes 2012, section 116.072, subdivision 2, is amended to read:


Subd. 2.

Amount of penalty; considerations.

(a) The commissioner or county
board may issue deleted text beginan orderdeleted text endnew text begin ordersnew text end assessing deleted text begina penaltydeleted text endnew text begin penaltiesnew text end up to deleted text begin$10,000deleted text endnew text begin $20,000new text end for
deleted text beginalldeleted text end violations identified during an inspection or other compliance review.

(b) In determining the amount of a penalty the commissioner or county board may
consider:

(1) the willfulness of the violation;

(2) the gravity of the violation, including damage to humans, animals, air, water,
land, or other natural resources of the state;

(3) the history of past violations;

(4) the number of violations;

(5) the economic benefit gained by the person by allowing or committing the
violation; and

(6) other factors as justice may require, if the commissioner or county board
specifically identifies the additional factors in the commissioner's or county board's order.

(c) For a violation after an initial violation, the commissioner or county board shall,
in determining the amount of a penalty, consider the factors in paragraph (b) and the:

(1) similarity of the most recent previous violation and the violation to be penalized;

(2) time elapsed since the last violation;

(3) number of previous violations; and

(4) response of the person to the most recent previous violation identified.

Sec. 10.

Minnesota Statutes 2012, 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; deleted text beginor
deleted text end

(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 4deleted text begin.deleted text endnew text begin;
new text end

new text begin (5) performs labor or services designing, installing, constructing, inspecting,
servicing, repairing, or operating a subsurface sewage treatment system (SSTS) as defined
in chapter 115 and has violated rules adopted under chapters 115 and 116 in any of the
following categories:
new text end

new text begin (i) failure to acquire or maintain a current state-issued SSTS license;
new text end

new text begin (ii) failure to acquire or maintain a current surety bond for SSTS activities;
new text end

new text begin (iii) failure to acquire or maintain a required local permit for SSTS activities; or
new text end

new text begin (iv) failure to submit SSTS as-built plans or compliance inspection forms to the
local governmental unit; or
new text end

new text begin (6) performs labor or services pumping, hauling, treating, spreading, dumping,
discharging, or land applying septage as defined in Minnesota Rules, part 7080.1100,
subpart 69, and has violated rules adopted under chapters 115 and 116 or Code of Federal
Regulations, title 40, section 503, in any of the following categories:
new text end

new text begin (i) failure to acquire or maintain a current state-issued SSTS license;
new text end

new text begin (ii) failure to acquire or maintain a current surety bond for SSTS activities;
new text end

new text begin (iii) failure to provide control measures to prevent the pollution of underground
waters from the discharge of septage into the saturated or unsaturated zone;
new text end

new text begin (iv) failure to produce records or maintain records in accordance with Code of
Federal Regulations, title 40, section 503; or
new text end

new text begin (v) failure to treat septage for pathogens and vectors in accordance with Code of
Federal Regulations, title 40, section 503.
new text end

(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 115E.045 and 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. 11.

Minnesota Statutes 2012, section 116.073, subdivision 2, is amended to read:


Subd. 2.

Penalty amount.

The citation must impose the following penalty amounts:

(1) $100 per major appliance, as defined in section 115A.03, subdivision 17a, up
to a maximum of $2,000;

(2) $25 per waste tire, as defined in section 115A.90, subdivision 11, up to a
maximum of $2,000;

(3) $25 per lead acid battery governed by section 115A.915, up to a maximum
of $2,000;

(4) $1 per pound of other solid waste or $20 per cubic foot up to a maximum of $2,000;

(5) up to $200 for any amount of waste that escapes from a vehicle used for the
transportation of solid waste if, after receiving actual notice that waste has escaped the
vehicle, the person or company transporting the waste fails to immediately collect the waste;

(6) $50 per violation of rules adopted under section 116.49, relating to underground
storage tank system design, construction, installation, and notification requirements, up
to a maximum of $2,000;

(7) $500 per violation of rules adopted under section 116.49, relating to upgrading of
existing underground storage tank systems, up to a maximum of $2,000 per tank system;

(8) $250 per violation of rules adopted under section 116.49, relating to underground
storage tank system general operating requirements, up to a maximum of $2,000;

(9) $250 per violation of rules adopted under section 116.49, relating to underground
storage tank system release detection requirements, up to a maximum of $2,000;

(10) $50 per violation of rules adopted under section 116.49, relating to
out-of-service underground storage tank systems and closure, up to a maximum of $2,000;

(11) $50 per violation of sections 116.48 to 116.491 relating to underground storage
tank system notification, monitoring, environmental protection, and tank installers training
and certification requirements, up to a maximum of $2,000;

(12) $25 per gallon of oil or hazardous substance discharged which is not reported or
recovered under section 115.061, up to a maximum of $2,000;

(13) $1 per gallon of oil or hazardous substance being stored, transported, or
otherwise handled without the prevention or preparedness measures required under
chapter 115E, up to a maximum of $2,000;

(14) $250 per violation of Minnesota Rules, parts 7001.4200 to 7001.4300 or chapter
7151, related to aboveground storage tank systems, up to a maximum of $2,000; deleted text beginand
deleted text end

(15) $250 per delivery made in violation of section 116.49, subdivision 3 or 4,
levied against:

(i) the retail location if vapor recovery equipment is not installed or maintained
properly;

(ii) the carrier if the transport delivery vehicle is not equipped with vapor recovery
equipment; or

(iii) the driver for failure to use supplied vapor recovery equipmentdeleted text begin.deleted text endnew text begin;
new text end

new text begin (16) $500 per violation of rules adopted under chapters 115 and 116 relating
to failure to comply with state subsurface sewage treatment system (SSTS) license
requirements, up to a maximum of $2,000;
new text end

new text begin (17) $500 per violation of rules adopted under chapters 115 and 116 relating to
failure to comply with SSTS surety bond requirements, up to a maximum of $2,000;
new text end

new text begin (18) $500 per violation of rules adopted under chapters 115 and 116 relating to
failure to provide control measures to prevent the pollution of underground waters from the
discharge of septage into the saturated or unsaturated zone, up to a maximum of $2,000;
new text end

new text begin (19) $500 per violation of rules adopted under chapters 115 and 116 or Code of
Federal Regulations, title 40, section 503, relating to failure to treat septage for pathogens
and vectors, up to a maximum of $2,000;
new text end

new text begin (20) $250 per violation of rules adopted under chapters 115 and 116 or Code of
Federal Regulations, title 40, section 503, relating to failure to produce records or maintain
records, up to a maximum of $2,000;
new text end

new text begin (21) $250 per violation of rules adopted under chapters 115 and 116 or Code of
Federal Regulations, title 40, section 503, relating to failure to submit as-built plans or
compliance inspection forms to the local governmental unit, up to a maximum of $2,000;
and
new text end

new text begin (22) $500 per violation of rules adopted under chapters 115 and 116 relating to
failure to obtain required local permits, up to a maximum of $2,000.
new text end

Sec. 12.

Minnesota Statutes 2012, section 116J.035, subdivision 8, is amended to read:


Subd. 8.

Minnesota Business First Stop.

(a) The commissioner of employment and
economic development shall, through the multiagency collaboration called "Minnesota
Business First Stop," ensure the coordination, new text begindevelopment, new text endimplementation, and
administration of state permits, including:

(1) establishing a mechanism in state government that will coordinate administrative
decision-making procedures and related quasijudicial and judicial review pertaining to
permits related to the state's air, land, and water resources;

(2) providing coordination and understanding between federal, state, and local
governmental units in the administration of the various programs relating to air, water,
and land resources;

(3) identifying all existing state permitsnew text begin, reviews,new text end and other approvals, compliance
schedules, or other programs that pertain to the use of natural resources and protection
of the environment; and

(4) recommending legislative or administrative modifications to existing permit
programs to increase their efficiency and utility.

(b) A person proposing a project may apply to Minnesota Business First Stop for
assistance in obtaining necessary state permitsnew text begin, reviews,new text end and other approvals. Upon
request, the commissioner shall to the extent practicable:

(1) provide a list of all federal, state, and local permits and other required new text beginreviews
and
new text endapprovals for the project;

(2) provide a plan that will coordinate federal, state, and local administrative
decision-making practices, including monitoring, analysis and reporting, public comments
and hearings, and issuances of permits and approvals;

(3) provide a timeline for the issuance of all federal, state, and local permits and
other new text beginreviews and new text endapprovals required for the project;

(4) coordinate the execution of any memorandum of understanding between the
person proposing a project and any federal, state, or local agency;

(5) coordinate all federal, state, or local public comment periods and hearings; and

(6) provide other assistance requested to facilitate final approval and issuance of all
federal, state, and local permits and other approvals required for the project.

(c) Notwithstanding section 16A.1283, as necessary, the commissioner may negotiate
a schedule to assess the project proposer for reasonable costs that any state agency incurs
in deleted text begincoordinatingdeleted text end the new text begincoordination, development, new text endimplementationnew text begin,new text end and administration of
state permits, and the proposer shall pay the assessed costs to the commissioner. Money
received by the commissioner must be credited to an account in the special revenue fund
and is appropriated to the commissioner to cover the assessed costs incurred.

(d) new text beginReimbursement by a project proposer shall precede and not be contingent upon
issuance of a permit and shall not affect any state agency's decision on whether to issue or
deny a permit, what conditions are included in a permit, or the application of state and
federal statutes and rules governing permit determinations.
new text end

new text begin (e) new text endThe coordination of new text beginthe development, new text endimplementationnew text begin,new text end and administration of
state permits is not governmental action under section 116D.04.

Sec. 13. new text beginRULEMAKING.
new text end

new text begin (a) The commissioner of the Pollution Control Agency shall amend Minnesota Rules,
chapter 7001, to extend permit terms not to exceed ten years for solid waste management
facilities and shall otherwise amend Minnesota Rules to conform with section 4.
new text end

new text begin (b) The commissioner of the Pollution Control Agency may use the good cause
exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), and
Minnesota Statutes, section 14.386, does not apply, except as provided in Minnesota
Statutes, section 14.388.
new text end