1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to the environment; modifying provisions 1.3 relating to scrap motor vehicle facilities; amending 1.4 Minnesota Statutes 1996, sections 116.66; and 116.67. 1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 Section 1. Minnesota Statutes 1996, section 116.66, is 1.7 amended to read: 1.8 116.66 [SCRAP MOTOR VEHICLE
SALVAGEFACILITIES.] 1.9 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 1.10 subdivision apply to this section. 1.11 (b) "Best management practices" means practices that are 1.12 capable of preventing releases and minimizing the degradation of 1.13 the environment, considering technical feasibility, 1.14 implementability, availability, effectiveness, economic factors 1.15 and environmental effects. 1.16 (c) "Motor vehicle salvagerecycling facility" means an 1.17 establishment or place of business that is maintained, operated, 1.18 or used primarily for storing, keeping, buying, dismantling, 1.19 crushing, or selling wrecked, scrapped, ruined, or partially 1.20 dismantled motor vehicles where the parts, motor vehicle hulks,1.21 or other scrap material stored is equal in bulk to ten or more1.22 vehiclesand selling used motor vehicle parts for their original 1.23 intended use. 1.24 (d) "Other scrap motor vehicle facility" means an 1.25 establishment or place of business, other than a motor vehicle 2.1 recycling facility or a scrap metal recycling facility, that is 2.2 maintained, operated, or used for storing, keeping, buying, 2.3 dismantling, crushing, or selling wrecked, scrapped, ruined, or 2.4 partially dismantled motor vehicles where the parts, motor 2.5 vehicle hulks, or other motor vehicle scrap material stored is 2.6 equal in bulk to ten or more vehicles. 2.7 (e) "Scrap metal recycling facility" means an establishment 2.8 or place of business, other than a motor vehicle recycling 2.9 facility, that is insured or self-insured under chapter 176 and 2.10 is maintained, operated, or used for storing, keeping, buying, 2.11 dismantling, crushing, or selling wrecked, scrapped, ruined, or 2.12 partially dismantled motor vehicles where the parts, motor 2.13 vehicle hulks, or other motor vehicle scrap material stored is 2.14 equal in bulk to ten or more vehicles. 2.15 Subd. 2. [FACILITY EVALUATIONS; ENVIRONMENTAL ASSESSMENT.] 2.16 (a) The commissioner of the pollution control agency shall 2.17 conduct facility evaluations to evaluate ongoing waste 2.18 management practices and shall provide technical assistance for 2.19 corrective action at motor vehicle salvagerecycling facilities, 2.20 scrap metal recycling facilities, and other scrap motor vehicle 2.21 facilities. 2.22 (b) The commissioner may conduct environmental assessments 2.23 at motor vehicle salvagerecycling facilities, scrap metal 2.24 recycling facilities, and other scrap motor vehicle facilities 2.25 to determine the extent and magnitude of any contamination and 2.26 environmental impacts, develop criteria, determine appropriate 2.27 cleanup methods, and set priorities for cleanup actions at motor 2.28 vehicle salvagerecycling facility sites, scrap metal recycling 2.29 facility sites, and other scrap motor vehicle facility sites, 2.30 under the criteria in Minnesota Rules, chapter 7044. 2.31 Subd. 3. [BEST MANAGEMENT PRACTICES; TRAINING.] (a) The 2.32 commissioner shall establish best management practices for motor 2.33 vehicle salvagerecycling facilities, scrap metal recycling 2.34 facilities, and other scrap motor vehicle facilities. 2.35 (b) The commissioner shall provide training and technical 2.36 assistance to owners and operators of motor vehicle salvage3.1 recycling facilities, scrap metal recycling facilities, and 3.2 other scrap motor vehicle facilities on the implementation of 3.3 best management practices established under paragraph (a) and 3.4 for other rules that apply to these facilities. 3.5 Subd. 4. [REPEALER.] This section is repealed on June 30, 3.6 1999. 3.7 Sec. 2. Minnesota Statutes 1996, section 116.67, is 3.8 amended to read: 3.9 116.67 [COST-SHARING PROGRAM; CLEANUP OF CERTAIN SCRAP 3.10 MOTOR VEHICLE SALVAGEFACILITIES.] 3.11 The pollution control agency may enter into cost-sharing 3.12 agreements with owners and operators of motor vehicle salvage3.13 recycling facilities, scrap metal recycling facilities, and 3.14 other scrap motor vehicle facilities for the cleanup of motor3.15 vehicle salvage facility sitesthese facilities, based on the 3.16 findings of the environmental assessment of motor vehicle3.17 salvage facilitiesassessments conducted under section 116.66, 3.18 subdivision 2. An agreement under this section must provide 3.19 that the agency will be responsible for paying 90 percent of the 3.20 costs of removal and remedial actions at the site, and the owner 3.21 or operator of the motor vehicle salvagefacility must pay the 3.22 remaining ten percent of the costs. For the purposes of this 3.23 section, the terms "removal" and "remedial actions" have the 3.24 meanings given in section 115B.02, subdivisions 16 and 17. 3.25 Sec. 3. [EFFECTIVE DATE.] 3.26 Sections 1 and 2 are effective the day following final 3.27 enactment.