Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 267-H.F.No. 401 
           An act relating to environment; providing criminal 
          penalties for violation of laws and rules relating to 
          hazardous waste; providing for the distribution and 
          expenditure of monetary penalties; amending Minnesota 
          Statutes 1986, sections 115.071, subdivision 2; 
          609.531, subdivision 1; and 628.26; proposing coding 
          for new law in Minnesota Statutes, chapter 609; 
          repealing Minnesota Statutes 1986, section 115.071, 
          subdivisions 2a and 2b. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 115.071, 
subdivision 2, is amended to read:  
    Subd. 2.  [CRIMINAL PENALTIES.] (a) [VIOLATIONS OF LAWS; 
ORDERS; PERMITS.] (1) Except as provided in subdivisions 2a and 
2b section 3, any person who willfully or negligently violates 
any provision of this chapter or chapter 116, or any standard, 
rule, variance, order, stipulation agreement, schedule of 
compliance or permit issued or adopted by the agency thereunder, 
which violation is not included in clause (2), shall upon 
conviction be guilty of a misdemeanor. 
    (2) Any person who willfully or negligently violates any 
effluent standard and limitation or water quality standard 
adopted by the agency, any National Pollutant Discharge 
Elimination System permit or any term or condition thereof, any 
duty to permit or carry out any recording, reporting, 
monitoring, sampling, information entry, access, copying, or 
other inspection or investigation requirement as provided under 
applicable provisions of this chapter and, with respect to the 
pollution of waters of the state, chapter 116, or any National 
Pollutant Discharge Elimination System filing requirement, shall 
upon conviction be punished by a fine of not less than $2,500 in 
the event of a willful violation or not less than $300 in the 
event of a negligent violation.  In any case the penalty shall 
not be more than $40,000 per day of violation or by imprisonment 
for not more than one year, or both.  If the conviction is for 
conduct committed after a first conviction of such person under 
this subdivision, punishment shall be by fine of not more than 
$50,000 per day of violation, or by imprisonment for not more 
than two years, or both. 
    (b) [INFORMATION AND MONITORING.] Any person who knowingly 
makes any false statement, representation, or certification in 
any application, record, report, plan, or other document filed 
or required to be maintained under this chapter and, with 
respect to the pollution of the waters of the state, chapter 
116, or standards, rules, orders, stipulation agreements, 
schedule of compliance or permits pursuant hereto, or who 
falsifies, tampers with, or knowingly renders inaccurate any 
monitoring device or method required to be maintained under this 
chapter and, with respect to the pollution of waters of the 
state, chapter 116, or standards, rules, variances, orders, 
stipulation agreements, schedules of compliance, or permits 
pursuant thereto, shall upon conviction, be punished by a fine 
of not more than $20,000 per day of violation, or by 
imprisonment for not more than six months, or both. 
    (c) [DUTY OF LAW ENFORCEMENT OFFICIALS.] It shall be the 
duty of all county attorneys, sheriffs and other peace officers, 
and other officers having authority in the enforcement of the 
general criminal laws to take all action to the extent of their 
authority, respectively, that may be necessary or proper for the 
enforcement of said provisions, rules, standards, orders, 
stipulation agreements, variances, schedule of compliance, or 
permits. 
    Sec. 2.  Minnesota Statutes 1986, section 609.531, 
subdivision 1, is amended to read:  
    Subdivision 1.  [DEFINITIONS.] For the purpose of this 
section, the following terms have the meanings given them.  
    (a) "Conveyance device" means a device used for 
transportation in connection with a designated offense and 
includes, but is not limited to, motor vehicles, trailers, 
snowmobiles, airplanes, and vessels.  The term "conveyance 
device" does not include property which is, in fact, itself 
stolen or taken in violation of the law.  
    (b) "Primary container" means a fundamental receptacle 
other than a conveyance device used to store or transport 
property.  
    (c) "Weapon used" means weapons used in the furtherance of 
a crime and defined as a dangerous weapon under section 609.02, 
subdivision 6.  
    (d) "Property" means property as defined in section 609.52, 
subdivision 1, clause (1).  
    (e) "Contraband property" means property which is illegal 
to possess under Minnesota law.  
    (f) "Appropriate agency" means either the bureau of 
criminal apprehension, Minnesota state patrol, county sheriffs 
and their deputies, or city police departments.  
    (g) "Designated offense" includes:  
    (1) For weapons used:  any violation of this chapter;  
    (2) For all other purposes:  violation of, or an attempt or 
conspiracy to violate, section 609.185; 609.19; 609.195; 609.21; 
609.221; 609.222; 609.223; 609.2231; 609.24; 609.245; 609.25; 
609.255; 609.322, subdivision 1 or 2; 609.342, subdivision 1, 
clauses (a) to (f); 609.343, subdivision 1, clauses (a) to (f); 
609.344, subdivision 1, clauses (a) to (e), and (h) to (j); 
609.345, subdivision 1, clauses (a) to (e), and (h) to (j); 
609.42; 609.425; 609.466; 609.485; 609.487; 609.52; 609.521; 
609.525; 609.53; 609.54; 609.551; 609.561; 609.562; 609.563; 
609.582; 609.59; 609.595; section 3, subdivisions 3, 4, and 5; 
609.687; 609.825; 609.86; 609.88; 609.89; or 617.246, when the 
violation constitutes a felony.  
    (h) "Communications device or component" means a device or 
system used to facilitate in any manner the creation, storage, 
dissemination, or transmission of data in connection with a 
designated offense and includes computers and computer-related 
components as defined in section 609.87 and any other device or 
system that by means of electric, electronic or magnetic 
impulses may be used to facilitate in any manner the creation, 
storage, dissemination, or transmission of data.  
    Sec. 3.  [609.671] [HAZARDOUS WASTE; CRIMINAL PENALTIES.] 
    Subdivision 1.  [DEFINITIONS.] The definitions in this 
subdivision apply to this section. 
    (a) "Agency" means the pollution control agency. 
    (b) "Deliver" or "delivery" means the transfer of 
possession of hazardous waste, with or without consideration.  
    (c) "Dispose" or "disposal" has the meaning given it in 
section 115A.03, subdivision 9. 
    (d) "Hazardous waste" means any waste identified as 
hazardous under the authority of section 116.07, subdivision 4, 
except for those wastes exempted under Minnesota Rules, part 
7045.0120, wastes generated under Minnesota Rules, part 
7045.0213 or 7045.0304, and household appliances. 
    (e) "Permit" means a permit issued by the pollution control 
agency or interim status for a treatment, storage, or disposal 
facility for hazardous waste that qualifies under the agency 
rules. 
    Subd. 2.  [PROOF OF KNOWING STATE OF MIND.] (a) Knowledge 
possessed by a person other than the defendant but not by the 
defendant may not be attributed to the defendant.  In proving a 
defendant's actual knowledge, circumstantial evidence may be 
used, including evidence that the defendant took affirmative 
steps to shield the defendant from relevant information.  
    (b) Proof of a defendant's reason to know may not consist 
solely of the fact that the defendant held a certain job or 
position of management responsibility.  If evidence of the 
defendant's job or position is offered, it must be corroborated 
by evidence of defendant's reason to know.  Corroborating 
evidence must include evidence that the defendant had 
information regarding the offense for which the defendant is 
charged, that the information pertained to hazardous waste 
management practices directly under the defendant's control or 
within the defendant's supervisory responsibilities, and that 
the information would cause a reasonable and prudent person in 
the defendant's position to learn the actual facts. 
    Subd. 3.  [FELONY PENALTY FOR KNOWING ENDANGERMENT.] (a) A 
person is guilty of a felony if the person:  
    (1) knowingly, or with reason to know, transports, treats, 
stores, or disposes of hazardous waste in violation of 
subdivision 4 or 5; and 
    (2) at the time of the violation knowingly places, or has 
reason to know that the person's conduct places, another person 
in imminent danger of death, great bodily harm, or substantial 
bodily harm.  
    (b) A person convicted under this subdivision may be 
sentenced to imprisonment for not more than ten years, or to pay 
a fine of not more than $100,000, or both, except that a 
defendant that is an organization may be sentenced to pay a fine 
of not more than $1,000,000. 
    Subd. 4.  [FELONY PENALTY FOR UNLAWFUL DISPOSAL.] A person 
who knowingly, or with reason to know, disposes of hazardous 
waste or arranges for the disposal of hazardous waste at a 
location other than one authorized by the pollution control 
agency or the United States Environmental Protection Agency, or 
in violation of any material term or condition of a hazardous 
waste facility permit, is guilty of a felony and may be 
sentenced to imprisonment for not more than five years or to pay 
a fine of not more than $50,000, or both. 
    Subd. 5.  [FELONY PENALTY FOR UNLAWFUL TREATMENT, STORAGE, 
TRANSPORTATION, OR DELIVERY; FALSE STATEMENTS.] (a) A person is 
guilty of a felony who knowingly, or with reason to know, does 
any of the following: 
    (1) delivers hazardous waste to any person other than a 
person who is authorized to receive the waste under rules 
adopted under section 116.07, subdivision 4, or under United 
States Code, title 42, sections 9601 to 9675; 
    (2) treats or stores hazardous waste without a permit if a 
permit is required, or in violation of a material term or 
condition of a permit held by the person, unless: 
    (i) the person notifies the agency prior to the time a 
permit would be required that the person will be treating or 
storing waste without a permit; or 
    (ii) for a violation of a material term or condition of a 
permit, the person immediately notifies the agency issuing the 
permit of the circumstances of the violation as soon as the 
person becomes aware of the violation; 
    (3) transports hazardous waste to any location other than a 
facility that is authorized to receive, treat, store, or dispose 
of the hazardous waste under rules adopted under section 116.07, 
subdivision 4, or under United States Code, title 42, sections 
9601 to 9675; 
    (4) transports hazardous waste without a manifest as 
required by the rules under section 116.07, subdivision 4, and 
section 221.172; 
    (5) transports hazardous waste without a license required 
for the transportation of hazardous waste by chapter 221; 
    (6) makes a false material statement or representation, or 
a material omission, in an application for a permit or license 
required by chapter 116 or 221 to treat, transport, store, or 
dispose of hazardous waste; or 
    (7) makes a false material statement or representation, or 
a material omission, in or on a label, manifest, record, report, 
or other document filed, maintained, or used for the purpose of 
compliance with chapter 116 or 221 in connection with the 
generation, transportation, disposal, treatment, or storage of 
hazardous waste. 
    (b) A person convicted under this subdivision may be 
sentenced to imprisonment for not more than three years, or to 
pay a fine of not more than $25,000, or both.  A person 
convicted for a second or subsequent offense may be sentenced to 
imprisonment for not more than five years, or to pay a fine of 
not more than $50,000, or both. 
    Subd. 6.  [NEGLIGENT VIOLATION AS GROSS MISDEMEANOR.] A 
person who commits any of the acts set forth in subdivision 4 or 
5 as a result of the person's gross negligence is guilty of a 
gross misdemeanor and may be sentenced to imprisonment for not 
more than one year, or to pay a fine of not more than $15,000, 
or both.  
    Subd. 7.  [AGGREGATION.] When two or more offenses in 
violation of subdivision 4 are committed by the same person in 
two or more counties within a two-year period, the offenses may 
be aggregated and the accused may be prosecuted in any county in 
which one of the offenses was committed. 
    Sec. 4.  Minnesota Statutes 1986, section 628.26, is 
amended to read:  
    628.26 [LIMITATIONS.] 
    (a) Indictments or complaints for murder may be found or 
made at any time after the death of the person killed.  
    (b) Indictments or complaints for violation of section 
609.42, subdivision 1, clause (1) or (2) shall be found or made 
and filed in the proper court within six years after the 
commission of the offense.  
    (c) Indictments or complaints for violation of sections 
609.342 to 609.345 if the victim was under the age of 18 years 
at the time the offense was committed, shall be found or made 
and filed in the proper court within seven years after the 
commission of the offense.  
    (d) Indictments or complaints for violation of sections 
609.466 and 609.52, subdivision 2, clause (3)(d) shall be found 
or made and filed in the proper court within six years after the 
commission of the offense. 
    (e) Except for violations relating to false material 
statements, representations or omissions, indictments or 
complaints for violations of section 3 shall be found or made 
and filed in the proper court within five years after the 
commission of the offense.  
    (f) In all other cases, indictments or complaints shall be 
found or made and filed in the proper court within three years 
after the commission of the offense; but the time during which 
the defendant shall not be an inhabitant of, or usually resident 
within, this state, shall not constitute any part of the 
limitations imposed by this section.  
    Sec. 5.  [REPEALER.] 
    Minnesota Statutes 1986, section 115.071, subdivisions 2a 
and 2b, are repealed. 
    Sec. 6.  [EFFECTIVE DATE.] 
    Sections 1 to 5 are effective August 1, 1987, and apply to 
violations occurring on or after August 1, 1987. 
    Approved May 28, 1987