Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 553-S.F.No. 1674 
           An act relating to environment; prescribing criminal 
          penalties for violation of certain statutes, rules, or 
          permits relating to pollution control; amending 
          Minnesota Statutes 1987 Supplement, section 115.071, 
          subdivision 2; and 609.671. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1987 Supplement, section 
115.071, subdivision 2, is amended to read:  
    Subd. 2.  [CRIMINAL PENALTIES.] (a)  [VIOLATIONS OF LAWS; 
ORDERS; PERMITS.] (1) Except as provided in section 609.671, 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 1987 Supplement, section 
609.671, is amended to read:  
    609.671 [HAZARDOUS WASTE ENVIRONMENT; 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 HAZARDOUS WASTE; 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 HAZARDOUS WASTE; 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 HAZARDOUS WASTE; 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 sections 116.07, subdivision 4, and 
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.  
    Subd. 8.  [WATER POLLUTION.] (a) A person is guilty of a 
gross misdemeanor who willfully commits any of the following 
acts: 
    (1) violates any effluent standard or limitation, or any 
water quality standard adopted by the agency; 
    (2) violates any National Pollutant Discharge Elimination 
System permit or any term or condition of the permit; 
    (3) fails to permit or carry out any recording, reporting, 
monitoring, sampling, information entry, access, copying, or 
other inspection or investigation requirement provided for under 
chapter 115 or, with respect to pollution of the waters of the 
state, chapter 116; or 
    (4) fails to comply with any National Pollutant Discharge 
Elimination System filing requirement. 
    (b) A person convicted under this subdivision may be 
sentenced to imprisonment for not more than one year, or to pay 
a fine of not less than $2,500 and not more than $40,000 per day 
of violation, or both.  A person convicted for a second or 
subsequent offense may be sentenced to imprisonment for not more 
than two years, or to pay a fine of not more than $50,000 per 
day of violation, or both. 
    Subd. 9.  [INFORMATION AND MONITORING.] (a) Except as 
provided in subdivision 5, paragraph (a), clauses (6) and (7), a 
person is guilty of a gross misdemeanor who knowingly: 
    (1) makes any material false statement, representation, or 
certification in any application, record, report, plan, or other 
document filed, maintained, or used for the purpose of 
compliance with chapter 115 or, with respect to pollution of the 
waters of the state, chapter 116; or 
    (2) falsifies, tampers with, or renders inaccurate any 
monitoring device or method maintained or used for the purpose 
of compliance with chapter 115 or, with respect to pollution of 
the waters of the state, chapter 116. 
    (b) A person convicted under this subdivision may be 
sentenced to imprisonment for not more than six months, or to 
pay a fine of not more than $20,000 per day of violation, or 
both. 
    Approved April 18, 1988