SF 661

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; creating the angler's 
  1.3             right-to-know act; requiring certain persons who 
  1.4             discharge toxic pollutants to post warning signs; 
  1.5             providing penalties; proposing coding for new law in 
  1.6             Minnesota Statutes, chapter 115. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [LEGISLATIVE FINDINGS.] 
  1.9      The legislature hereby finds that it is in the public's 
  1.10  best interest to have full knowledge of the volume and toxicity 
  1.11  of pollutants being discharged into the waters of the state.  
  1.12  Given this knowledge, the legislature recognizes that the public 
  1.13  will be better equipped to make decisions to protect the health 
  1.14  and welfare of Minnesota residents.  Without this knowledge, 
  1.15  recreational activity and the consumption of fish may take place 
  1.16  near the discharge points which may pose a threat to public 
  1.17  health and welfare. 
  1.18     Further, the legislature recognizes that the posting of a 
  1.19  sign at or near each discharge point is the most cost-effective 
  1.20  method of notifying the public of the permitted discharges into 
  1.21  water.  Therefore, the legislature recommends that a sign be 
  1.22  posted describing the permitted discharges at each discharge 
  1.23  point so as to increase the public's knowledge and understanding 
  1.24  of such discharges. 
  1.25     Sec. 2.  [115.85] [ANGLER'S RIGHT-TO-KNOW.] 
  1.26     Sections 115.86 to 115.89 shall be known as the "Angler's 
  2.1   Right-to-Know Act." 
  2.2      Sec. 3.  [115.86] [DEFINITIONS.] 
  2.3      Subdivision 1.  [APPLICABILITY.] For the purposes of this 
  2.4   section and sections 115.87 to 115.89, the terms in this section 
  2.5   have the meaning given them. 
  2.6      Subd. 2.  [CLEAN WATER ACT.] "Clean Water Act" means the 
  2.7   federal Clean Water Act, United States Code, title 33, section 
  2.8   1251, et seq. and all current and future amendments. 
  2.9      Subd. 3.  [COMMISSIONER.] "Commissioner" means the 
  2.10  commissioner of the pollution control agency. 
  2.11     Subd. 4.  [TOXIC RELEASE INVENTORY.] "Toxic release 
  2.12  inventory" means any list of reported releases of toxic 
  2.13  pollutants. 
  2.14     Subd. 5.  [TOXIC POLLUTANT.] "Toxic pollutant" means a 
  2.15  chemical identified in United States Code, title 42, section 
  2.16  11023(c). 
  2.17     Sec. 4.  [115.87] [NOTIFICATION.] 
  2.18     A person required to obtain a state water pollution 
  2.19  discharge permit, and whose discharge contains any identified 
  2.20  toxic pollutants, shall erect or post a conspicuous and legible 
  2.21  sign which shall disclose in clear and concise language the 
  2.22  chemical names of all toxic pollutants so discharged.  The sign 
  2.23  shall bear the following statement: 
  2.24                          "PUBLIC NOTICE
  2.25                        (NAME OF INDUSTRY)
  2.26            DISCHARGES THE FOLLOWING TOXIC POLLUTANTS
  2.27                   INTO WATER AT THIS LOCATION:
  2.28                   (List of Toxic Pollutants)"
  2.29     The toxic pollutants shall then be identified by chemical 
  2.30  name.  The sign shall be placed near enough to the point of 
  2.31  discharge so as to be visible and legible approximately 50 feet 
  2.32  away from the point of discharge by persons on or near the 
  2.33  water.  The sign also must list the name and telephone number of 
  2.34  a person at the permittee's place of business whom the members 
  2.35  of the public may contact for further information.  Upon a 
  2.36  finding by the commissioner that a discharge no longer contains 
  3.1   a type of toxic pollutant or toxic pollutants, the sign shall be 
  3.2   corrected or eliminated by the commissioner. 
  3.3      Sec. 5.  [115.88] [ENFORCEMENT AND PENALTIES.] 
  3.4      The failure to post any sign required by section 115.87 
  3.5   shall immediately render void any water discharge permit issued 
  3.6   by the commissioner and may subject the person required to post 
  3.7   such sign to penalties of not less than $50 per day nor more 
  3.8   than $1,000 per day for each day the sign is not posted.  Each 
  3.9   day the sign is not posted constitutes a separate day of 
  3.10  violation. 
  3.11     The enforcement of this section shall be by the attorney 
  3.12  general or the county attorney having jurisdiction in the county 
  3.13  where the violation occurred and shall be commenced by a civil 
  3.14  action in a court of competent jurisdiction.  The attorney 
  3.15  general or the county attorney having jurisdiction in the county 
  3.16  where the violation occurred, or any citizen of the state, 
  3.17  pursuant to section 115.89, may also commence a civil action to 
  3.18  enjoin the violation. 
  3.19     Sec. 6.  [115.89] [CITIZEN ENFORCEMENT.] 
  3.20     Any citizen of the state may bring a civil action in a 
  3.21  court of competent jurisdiction to enforce compliance with 
  3.22  section 115.87.  An action may be commenced 60 days after the 
  3.23  plaintiff has given written notice of the alleged violation to 
  3.24  the violator and the attorney general or the county attorney for 
  3.25  the county in which the violation occurs.  Under a citizen 
  3.26  enforcement action, the court may order a sign to be posted 
  3.27  pursuant to section 115.87, or may give the plaintiff access to 
  3.28  the area to post and maintain a sign.  In determining the 
  3.29  chemicals to list, the plaintiff may use the facility's release 
  3.30  permit, toxic release inventory reports, or other documents 
  3.31  considered relevant and appropriate by the court.  The court may 
  3.32  award to the plaintiff damages sufficient to do research, and to 
  3.33  post, and maintain the sign, in addition to any penalties 
  3.34  assessed. 
  3.35     Sec. 7.  [EFFECTIVE DATE.] 
  3.36     Sections 1 to 6 are effective July 1, 1995.