HF 3241

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; requiring certain 
  1.3             vessels transporting oil or hazardous materials on the 
  1.4             Mississippi river to be double hulled or accompanied 
  1.5             by a tugboat; imposing penalties; proposing coding for 
  1.6             new law in Minnesota Statutes, chapter 103F. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [LEGISLATIVE FINDINGS.] 
  1.9      The legislature finds that there is a serious threat to the 
  1.10  environment of the Mississippi river from discharges of oil and 
  1.11  hazardous substances and that requiring double-hull construction 
  1.12  or tugboat escort of vessels transporting those substances is 
  1.13  the only effective method of preventing those discharges. 
  1.14     Sec. 2.  [103F.378] [TRANSPORTING OIL OR HAZARDOUS MATERIAL 
  1.15  ON MISSISSIPPI RIVER.] 
  1.16     Subdivision 1.  [DEFINITIONS.] The terms used in this 
  1.17  section have the meanings given them in this subdivision: 
  1.18     (a) "Bulk" means an undivided quantity of a substance that 
  1.19  is loaded directly into a vessel and is not divided into 
  1.20  individual containers. 
  1.21     (b) "Discharge" refers to, but is not limited to, spilling, 
  1.22  leaking, pumping, pouring, emitting, emptying, or dumping. 
  1.23     (c) "Double hull" refers to watertight protective spaces 
  1.24  that do not carry any oil and that separate the sides, bottom, 
  1.25  forward end, and aft end of all tanks that hold any oil within 
  1.26  the cargo tanks from the outer skin of the vessel, as prescribed 
  2.1   in Code of Federal Regulations, title 33, section 157.10d. 
  2.2      (d) "Hazardous material" has the meaning given it in United 
  2.3   States Code, title 46, section 2101, paragraph (14). 
  2.4      (e) "Oil" means hydrocarbon, vegetable, or mineral oil of 
  2.5   any kind or in any form, and includes oil mixed with wastes 
  2.6   other than dredged spoil. 
  2.7      (f) "Tank vessel" means a vessel that is constructed or 
  2.8   adapted to carry, or that does carry, oil or hazardous material 
  2.9   in bulk as cargo or cargo residue. 
  2.10     Subd. 2.  [PROHIBITION.] (a) Except as provided in 
  2.11  paragraph (b) or (c), no tank vessel of under 5,000 gross tons 
  2.12  may transport oil or hazardous material in bulk on that part of 
  2.13  the Mississippi river over which Minnesota has jurisdiction from 
  2.14  the northern boundary of the upper Mississippi river national 
  2.15  wildlife and fish refuge to the Iowa-Minnesota border unless the 
  2.16  tank vessel has a double hull. 
  2.17     (b) Paragraph (a) does not apply to a tank vessel when the 
  2.18  tank vessel and its crew are in danger due to extreme weather 
  2.19  conditions. 
  2.20     (c) Paragraph (a) does not apply to a self-propelled tank 
  2.21  vessel or a tank vessel that is propelled by a towing vessel if 
  2.22  a tugboat accompanies the self-propelled tank vessel or 
  2.23  accompanies the tank vessel and towing vessel. 
  2.24     Subd. 3.  [INSPECTION.] An authorized employee or agent of 
  2.25  the department of natural resources may board and inspect a 
  2.26  vessel that is subject to this section to determine the state of 
  2.27  compliance with this section. 
  2.28     Subd. 4.  [PENALTIES.] (a) Except as provided in paragraph 
  2.29  (b), a person who owns or controls the movement of a tank vessel 
  2.30  violating subdivision 2 is subject to a fine of at least $5,000, 
  2.31  but not more than $10,000.  
  2.32     (b) A person who owns or controls the movement of a tank 
  2.33  vessel violating subdivision 2 and who, within five years before 
  2.34  the commission of the current violation, was previously 
  2.35  convicted of violating subdivision 2 is subject to a fine of at 
  2.36  least $10,000, but not more than $25,000, or imprisonment for 
  3.1   not more than six months, or both.  A person convicted under 
  3.2   this paragraph is also subject to forfeiture of the vessel used 
  3.3   in the commission of the crime under subdivision 5. 
  3.4      (d) In addition to a penalty imposed under paragraph (a) or 
  3.5   (b), a person who owns or controls the movement of a tank vessel 
  3.6   violating subdivision 2, from which oil or a hazardous material 
  3.7   is discharged, is subject to a penalty of triple the cost of 
  3.8   remedying the resulting environmental damage. 
  3.9      Subd. 5.  [FORFEITURE.] (a) The tank vessel of a person 
  3.10  convicted under subdivision 4, paragraph (c), is subject to 
  3.11  forfeiture to the state following a forfeiture action brought by 
  3.12  the attorney general, at the initiative of the attorney general 
  3.13  or following the request of the commissioner of natural 
  3.14  resources; provided that if the tank vessel is encumbered by a 
  3.15  bona fide, perfected security interest that was perfected before 
  3.16  the date of committing the current violation and the holder of 
  3.17  the security interest neither had knowledge of nor consented to 
  3.18  the commission of that violation, the holder of the security 
  3.19  interest must be paid from the proceeds of the forfeiture.  
  3.20     (b) Property seized but not forfeited must be returned to 
  3.21  its rightful owner.  A person claiming the right to possession 
  3.22  of the vessel seized may apply for its return to the district 
  3.23  court for the county in which the property was seized.  The 
  3.24  court shall order notice to be given that it considers adequate 
  3.25  to notify the attorney general, commissioner of natural 
  3.26  resources, and all persons who have or may have an interest in 
  3.27  the property.  The court shall hold a hearing to hear all claims 
  3.28  as to the true ownership of the property.  If the right to 
  3.29  possession is proved to the court's satisfaction, it shall order 
  3.30  the property returned. 
  3.31     Subd. 6.  [ENFORCEMENT AND PROSECUTION; ALLOCATION OF 
  3.32  PROCEEDS.] (a) The attorney general shall enforce this section 
  3.33  and may bring an action in the district court of the county 
  3.34  where the violation was allegedly committed and discovered.  The 
  3.35  commissioner of natural resources may enter into agreements with 
  3.36  the attorney general to assist with the administration and 
  4.1   enforcement of this chapter.  
  4.2      (b) The court may make any order, including but not limited 
  4.3   to an injunction or temporary restraining order, and impose any 
  4.4   other remedy or relief relating to the investigation, 
  4.5   enforcement, and prosecution of violations of subdivision 2.  
  4.6      (c) The proceeds of any penalties and forfeitures imposed 
  4.7   under this section, after payment to a security interest holder 
  4.8   described in subdivision 5, paragraph (a), must be used first 
  4.9   for costs of the court, secondly for costs of the attorney 
  4.10  general relating to investigation and prosecution, and thirdly 
  4.11  for costs incurred by the department of natural resources.  Any 
  4.12  remaining proceeds must be deposited in the state treasury and 
  4.13  credited to the Minnesota environment and natural resources 
  4.14  trust fund.  
  4.15     (d) The enforcement powers available under this subdivision 
  4.16  are in addition to any other penalties and powers available 
  4.17  under other statutory law or rule. 
  4.18     Sec. 3.  [EFFECTIVE DATE.] 
  4.19     Section 2 is effective January 1, 1997, for violations 
  4.20  committed on or after that date.