HF 2722

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; providing penalties for 
  1.3             violations of underground storage tank statutes and 
  1.4             rules; amending Minnesota Statutes 1996, sections 
  1.5             115.071, by adding a subdivision; and 116.073, 
  1.6             subdivisions 1 and 2. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 115.071, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 7.  [UNDERGROUND STORAGE TANKS; RED TAGS.] (a) The 
  1.11  commissioner may issue a red tag for failure to have the 
  1.12  regulated underground tank system protected from corrosion, 
  1.13  failure to have spill and overfill protection, or failure to 
  1.14  have a leak detection method in place.  A red tag may also be 
  1.15  issued for underground storage tank system violations if an 
  1.16  enforcement action, including, but not limited to, a citation as 
  1.17  defined in section 116.073, subdivision 1, has been issued and 
  1.18  the violations are not corrected.  Upon discovery of a violation 
  1.19  at a facility with an underground storage tank system, the 
  1.20  commissioner shall affix a red tag, in plain view, to the fill 
  1.21  pipe cap of the tank system that provides notice that delivery 
  1.22  of petroleum products to the tank system is prohibited.  When 
  1.23  the red tag is issued, agency staff must determine the product 
  1.24  level in the tank. 
  1.25     (b) A person who removes, defaces, alters, or otherwise 
  1.26  tampers with a red tag so that the information contained in the 
  2.1   tag is not legible is subject to the criminal penalties in 
  2.2   subdivision 2. 
  2.3      (c) A red tag may not be removed until the commissioner has 
  2.4   inspected the underground storage tank system and established 
  2.5   that it is no longer in violation.  After making that 
  2.6   determination, the commissioner shall remove the red tag within 
  2.7   24 hours or as soon as reasonably possible. 
  2.8      (d) The issuance of a red tag may be appealed under section 
  2.9   116.072, subdivision 6, paragraphs (a) to (e), except that the 
  2.10  person subject to the order must request a hearing within 15 
  2.11  days after issuance of a red tag and, if a hearing is not 
  2.12  requested within the 15-day period, the red tag becomes a final 
  2.13  order not subject to further review. 
  2.14     Sec. 2.  Minnesota Statutes 1996, section 116.073, 
  2.15  subdivision 1, is amended to read: 
  2.16     Subdivision 1.  [AUTHORITY TO ISSUE.] Pollution control 
  2.17  agency staff designated by the commissioner and department of 
  2.18  natural resources conservation officers may issue citations to a 
  2.19  person who disposes of solid waste as defined in section 116.06, 
  2.20  subdivision 22, at a location not authorized by law for the 
  2.21  disposal of solid waste without permission of the owner of the 
  2.22  property.  In addition, pollution control agency staff 
  2.23  designated by the commissioner may issue citations to owners and 
  2.24  operators of facilities dispensing petroleum products who 
  2.25  violate sections 116.46 to 116.50 and Minnesota Rules, chapter 
  2.26  7150.  The citations may be issued only after the owners and 
  2.27  operators have had a 90-day period to correct all the violations 
  2.28  stated in a letter issued previously by pollution control agency 
  2.29  staff.  A citation issued under this subdivision must include a 
  2.30  requirement that the person cited remove and properly dispose of 
  2.31  or otherwise manage the waste or, reimburse any government 
  2.32  agency that has disposed of the waste for the reasonable costs 
  2.33  of disposal, or correct any underground storage tank violations. 
  2.34     Sec. 3.  Minnesota Statutes 1996, section 116.073, 
  2.35  subdivision 2, is amended to read: 
  2.36     Subd. 2.  [PENALTY AMOUNT.] The citation must impose the 
  3.1   following penalty amounts: 
  3.2      (1) $100 per major appliance, as defined in section 
  3.3   115A.03, subdivision 17a, up to a maximum of $2,000; 
  3.4      (2) $25 per waste tire, as defined in section 115A.90, 
  3.5   subdivision 11, up to a maximum of $2,000; 
  3.6      (3) $25 per lead acid battery governed by section 115A.915, 
  3.7   up to a maximum of $2,000; 
  3.8      (4) $1 per pound of other solid waste or $20 per cubic foot 
  3.9   up to a maximum of $2,000; and 
  3.10     (5) up to $200 for any amount of waste that escapes from a 
  3.11  vehicle used for the transportation of solid waste if, after 
  3.12  receiving actual notice that waste has escaped the vehicle, the 
  3.13  person or company transporting the waste fails to immediately 
  3.14  collect the waste.; 
  3.15     (6) $50 per violation of Minnesota Rules, parts 7150.0100 
  3.16  and 7150.0120, relating to underground storage tank system 
  3.17  design, construction, installation, and notification, up to a 
  3.18  maximum of $2,000; 
  3.19     (7) $250 per violation of Minnesota Rules, part 7150.0110, 
  3.20  relating to upgrading of existing underground storage tank 
  3.21  systems, up to a maximum of $2,000; 
  3.22     (8) $100 per violation of Minnesota Rules, parts 7150.0200 
  3.23  to 7150.0240, relating to underground storage tank system 
  3.24  general operating requirements, up to a maximum of $2,000; 
  3.25     (9) $250 per violation of Minnesota Rules, parts 7150.0300 
  3.26  to 7150.0350, relating to underground storage tank system 
  3.27  release detection requirements, up to a maximum of $2,000; 
  3.28     (10) $50 per violation of Minnesota Rules, parts 7150.0400 
  3.29  to 7150.0500, relating to out-of-service underground storage 
  3.30  tank systems and closure, up to a maximum of $2,000; and 
  3.31     (11) $50 per violation of sections 116.48 to 116.491 
  3.32  relating to underground storage tank system notification, 
  3.33  monitoring, environmental protection, and tank installers 
  3.34  training and certification requirements, up to a maximum of 
  3.35  $2,000. 
  3.36     Sec. 4.  [EFFECTIVE DATE.] 
  4.1      Sections 1 to 3 are effective August 1, 1998, and apply to 
  4.2   violations occurring on or after that date.