HF 3340

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; modifying authority to 
  1.3             issue citations for storage tank violations; providing 
  1.4             reimbursement for the removal of certain petroleum 
  1.5             storage tanks; amending Minnesota Statutes 1999 
  1.6             Supplement, section 116.073, subdivision 1. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.9   116.073, subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [AUTHORITY TO ISSUE.] (a) Pollution control 
  1.11  agency staff designated by the commissioner and department of 
  1.12  natural resources conservation officers may issue citations to a 
  1.13  person who: 
  1.14     (1) a person who disposes of solid waste as defined in 
  1.15  section 116.06, subdivision 22, at a location not authorized by 
  1.16  law for the disposal of solid waste without permission of the 
  1.17  owner of the property; 
  1.18     (2) a person who fails to report or recover oil or 
  1.19  hazardous substance discharges as required under section 
  1.20  115.061; or 
  1.21     (3) a person who fails to take discharge preventive or 
  1.22  preparedness measures required under chapter 115E.  
  1.23     In addition, pollution control agency staff designated by 
  1.24  the commissioner may issue citations to; or 
  1.25     (4) owners and operators of facilities dispensing petroleum 
  1.26  products who violate sections 116.46 to 116.50 and Minnesota 
  2.1   Rules, chapters 7150 and 7151 and parts 7001.4200 to 7001.4300.  
  2.2   The citations for violation of sections 116.46 to 116.50 and 
  2.3   Minnesota Rules, chapter 7150, may be issued only after the 
  2.4   owners and operators have had a 90-day period to correct all the 
  2.5   violations stated in a letter issued previously by pollution 
  2.6   control agency staff.  A citation issued under this subdivision 
  2.7   must include a requirement that the person cited remove and 
  2.8   properly dispose of or otherwise manage the waste or discharged 
  2.9   oil or hazardous substance, reimburse any government agency that 
  2.10  has disposed of the waste or discharged oil or hazardous 
  2.11  substance and contaminated debris for the reasonable costs of 
  2.12  disposal, or correct any underground storage tank violations. 
  2.13     (b) Until June 1, 2004, citations for violation of sections 
  2.14  115E.045 and 116.46 to 116.50 and Minnesota Rules, chapters 7150 
  2.15  and 7151, may be issued only after the owners and operators have 
  2.16  had a 90-day period to correct violations stated in writing by 
  2.17  pollution control agency staff, unless there is a discharge 
  2.18  associated with the violation or the violation is of Minnesota 
  2.19  Rules, part 7151.6400, subpart 1, item B, or 7151.6500. 
  2.20     Sec. 2.  [AGRICULTURAL STORAGE TANK REMOVAL; 
  2.21  REIMBURSEMENT.] 
  2.22     Subdivision 1.  [DEFINITION.] As used in this section, 
  2.23  "agricultural storage tank" means an underground petroleum 
  2.24  storage tank with a capacity of more than 1,100 gallons that has 
  2.25  been registered with the pollution control agency by January 1, 
  2.26  2000, and is located on a farm where the contents of the tank 
  2.27  are used by the tank owner or operator predominantly for farming 
  2.28  purposes and are not commercially distributed. 
  2.29     Subd. 2.  [REIMBURSEMENT.] Notwithstanding Minnesota 
  2.30  Statutes, section 115C.09, subdivision 1, paragraph (b), clause 
  2.31  (1), and pursuant to the remaining provisions of Minnesota 
  2.32  Statutes, chapter 115C, the petroleum tank release compensation 
  2.33  board shall reimburse an owner or operator of an agricultural 
  2.34  storage tank for 90 percent of the total reimbursable cost of 
  2.35  removal project costs incurred for the tank prior to January 1, 
  2.36  2001, including, but not limited to, tank removal, closure in 
  3.1   place, backfill, resurfacing, and utility restoration costs, 
  3.2   regardless of whether a release has occurred at the site.  
  3.3   Notwithstanding Minnesota Statutes, section 115C.09, subdivision 
  3.4   3, the board may not reimburse an eligible applicant under this 
  3.5   section for more than $7,500 of costs per tank. 
  3.6      Sec. 3.  [SMALL GASOLINE STORAGE TANK REMOVAL; 
  3.7   REIMBURSEMENT.] 
  3.8      Notwithstanding Minnesota Statutes, section 115C.09, 
  3.9   subdivision 3f, paragraph (a), a tank owner who (1) owned two 
  3.10  locations in the state, and no locations in any other state, 
  3.11  where motor fuel was dispensed to the public into motor 
  3.12  vehicles, watercraft, or aircraft, and who dispensed motor fuel 
  3.13  at that location, (2) operated the tanks simultaneously for six 
  3.14  months or less in 1995, and (3) dispensed less than 200,000 
  3.15  gallons at both locations is a small gasoline retailer for 
  3.16  purposes of Minnesota Statutes, section 115C.09, subdivision 3f, 
  3.17  paragraph (c), and is eligible for reimbursement.