SF 638

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

  1.1                          A bill for an act 
  1.2             relating to the environment; requiring the pollution 
  1.3             control agency to meet with a party before issuing an 
  1.4             administrative penalty order; amending Minnesota 
  1.5             Statutes 1994, section 116.072, subdivision 3. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 116.072, 
  1.8   subdivision 3, is amended to read: 
  1.9      Subd. 3.  [CONTENTS OF ORDER.] (a) An order assessing an 
  1.10  administrative penalty under this section shall include: 
  1.11     (1) a concise statement of the facts alleged to constitute 
  1.12  a violation; 
  1.13     (2) a reference to the section of the statute, rule, 
  1.14  variance, order, stipulation agreement, or term or condition of 
  1.15  a permit that has been violated; 
  1.16     (3) a statement of the amount of the administrative penalty 
  1.17  to be imposed and the factors upon which the penalty is based; 
  1.18  and 
  1.19     (4) a statement of the person's right to review of the 
  1.20  order. 
  1.21     (b) Before issuing an order under paragraph (a), the 
  1.22  commissioner must meet with the affected person to agree on a 
  1.23  schedule to correct the violation.  The commissioner must notify 
  1.24  the person of the fine that will be levied if the schedule is 
  1.25  not met or agreement cannot be reached.