Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 600-S.F.No. 2165 
           An act relating to environment; requiring persons to 
          notify the pollution control agency of and take steps 
          to avoid air pollution; proposing coding for new law 
          in Minnesota Statutes, chapter 116. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  [116.061] [AIR POLLUTION EMISSIONS AND 
ABATEMENT.] 
    Subdivision 1.  [EMISSION NOTIFICATION REQUIRED.] (a) A 
person who controls the source of an emission must notify the 
agency immediately of excessive or abnormal unpermitted 
emissions that:  
    (1) may cause air pollution endangering human health;  
    (2) may cause air pollution damaging property; or 
    (3) cause obnoxious odors constituting a public nuisance.  
    (b) If a person who controls the source of an emission has 
knowledge of an event that has occurred and that will 
subsequently cause an emission described in paragraph (a), the 
person must notify the agency when the event occurs.  
    Subd. 2.  [ABATEMENT REQUIRED.] A person who is required to 
notify the agency under subdivision 1 must take immediate and 
reasonable steps to minimize the emissions or abate the air 
pollution and obnoxious odors caused by the emissions. 
    Subd. 3.  [EXEMPTION.] The following are exempt from the 
requirements of subdivisions 1 and 2: 
    (1) emissions resulting from the activities of public fire 
services or law enforcement services; 
    (2) emissions from motor vehicles, as defined in section 
169.01, subdivision 3; 
    (3) emissions from an agricultural operation deemed not a 
nuisance under section 561.19, subdivision 2; or 
    (4) emissions from agency regulated sources that are 
routine or authorized by the agency. 
    Subd. 4.  [PENALTY EXCEPTION.] A person who notifies the 
agency of emissions under subdivision 1 and who complies with 
subdivision 2 shall not be subject to criminal prosecution under 
section 115.071, subdivision 2. 
    Subd. 5.  [USE OF NOTIFICATION.] Any notice submitted under 
subdivision 1 is not admissible in any proceeding as an 
admission of causation. 
    Approved April 21, 1988