SF 2636

as introduced - 90th Legislature (2017 - 2018) Posted on 02/27/2018 08:26am

A bill for an act
relating to environment; prohibiting Pollution Control Agency from issuing
administrative penalty order to operator of publicly owned treatment works until
certain conditions have been satisfied; amending Minnesota Statutes 2016, section
116.072, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2016, section 116.072, is amended by adding a subdivision
to read:

new text begin Subd. 14. new text end

new text begin Treatment works penalty orders. new text end

new text begin To the extent allowable under federal law,
the commissioner must not issue an administrative penalty order to the operator of a publicly
owned treatment works for violating any new or modified effluent limitation adopted after
construction of the treatment works begins until both of the following conditions are satisfied:
new text end

new text begin (1) five years have elapsed since the commissioner issued the operator of the treatment
works a notice of violation or an alleged violation letter that describes the violation; and
new text end

new text begin (2) 100 percent of the money required to upgrade, modify, or replace the treatment works
facility in a manner that corrects the violation is available to the operator of the treatment
works through programs operated by the Public Facilities Authority, the federal government,
or other sources.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end