HF 3456

as introduced - 86th Legislature (2009 - 2010) Posted on 03/08/2010 09:33am

A bill for an act
relating to the environment; prohibiting the use and sale of certain coal tar
products; providing civil penalties; proposing coding for new law in Minnesota
Statutes, chapter 116; repealing Minnesota Statutes 2009 Supplement, section
116.201.

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

Section 1.

new text begin [116.202] COAL TAR USE AND SALE PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The following terms have the meanings given.
new text end

new text begin (a) "Coal tar product" means a product containing coal tar.
new text end

new text begin (b) "Commissioner" means the commissioner of the Pollution Control Agency.
new text end

new text begin (c) "Pavement" means an asphalt, concrete, or other pavement surface.
new text end

new text begin Subd. 2. new text end

new text begin Use prohibited. new text end

new text begin Except as provided in subdivision 4, a person shall not
apply a coal tar product on asphalt, concrete, or other pavement.
new text end

new text begin Subd. 3. new text end

new text begin Sale prohibited. new text end

new text begin (a) Except as provided in subdivision 4, a person shall
not sell a coal tar product that is formulated or marketed for application on asphalt,
concrete, or other pavement, unless the purchaser completes and signs a form that includes
the following:
new text end

new text begin (1) the name, address, and telephone number of the purchaser;
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new text begin (2) the date of the purchase;
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new text begin (3) the quantity of coal tar product purchased;
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new text begin (4) a statement that the coal tar product will not be used within this state; and
new text end

new text begin (5) an affirmation by the purchaser that the information on the form is correct.
new text end

new text begin (b) A person who sells a coal tar product that is formulated or marketed for
application on pavement shall retain the completed form required under paragraph (a)
for not less than three years and allow the commissioner to inspect or copy the form
upon request.
new text end

new text begin (c) The commissioner shall post on the Pollution Control Agency's Web site a form
suitable for compliance with paragraph (a).
new text end

new text begin (d) A person shall not sign a form required under paragraph (a) if the form contains
false information.
new text end

new text begin Subd. 4. new text end

new text begin Exemptions. new text end

new text begin The commissioner may exempt a person from this section if
the commissioner determines that one or more of the following apply:
new text end

new text begin (1) the person is researching the effect of a coal tar product on the environment;
new text end

new text begin (2) the person is developing an alternative technology and the use of a coal tar
product is required for the research or development; or
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new text begin (3) a suitable alternative to the coal tar product is not available for the intended use.
new text end

new text begin Subd. 5. new text end

new text begin Civil penalty. new text end

new text begin A person who violates this section is subject to a civil
penalty of up to $1,000.
new text end

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2009 Supplement, section 116.201, new text end new text begin is repealed.
new text end