Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 469-H.F.No. 1918 
           An act relating to waste control; providing for 
          criminal and civil penalties for violations of 
          criteria of the metropolitan waste control commission 
          and the Western Lake Superior Sanitary District board; 
          amending Minnesota Statutes 1988, section 115A.97, 
          subdivision 4; Laws 1971, chapter 478, section 17, 
          subdivision 4; proposing coding for new law in 
          Minnesota Statutes, chapter 473.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:  
    Section 1.  Minnesota Statutes 1988, section 115A.97, 
subdivision 4, is amended to read: 
    Subd. 4.  [INTERIM PROGRAM.] (a) Incinerator ash is 
considered special waste for an interim period which expires on 
the occurrence of the earliest of the following events: 
    (1) The United States Environmental Protection Agency 
establishes testing and disposal requirements for incinerator 
ash; 
    (2) The agency adopts the rules required in subdivision 3; 
or 
    (3) June 30, 1990 1991. 
    (b) As a special waste incinerator ash must be stored 
separately from mixed municipal solid waste with adequate 
controls to protect the environment as provided in agency 
permits.  For the interim period, the agency, in cooperation 
with generators of incinerator ash and other interested parties, 
shall establish a temporary program to test, monitor, and store 
incinerator ash.  The program must include separate testing of 
fly ash, bottom ash, and combined ash unless the agency 
determines that because of physical constraints at the facility 
separate samples of fly ash and bottom ash cannot be reasonably 
obtained in which case only combined ash must be tested. 
Incinerator ash stored during the interim is subject to the 
rules adopted pursuant to subdivision 3 and to the provisions of 
chapter 115B. 
    Sec. 2.  [473.5155] [ENFORCEMENT OF PRETREATMENT STANDARDS 
AND REQUIREMENTS.] 
    Subdivision 1.  [REMEDIES AVAILABLE.] (a) For purposes of 
this section, "violation" means any discharge or action by a 
person that violates sections 473.501 to 473.549 or rules, 
standards, variances, limitations, orders, stipulations, 
agreements, schedules of compliance, or permits that are issued 
or adopted by the commission under sections 473.501 to 473.549. 
    (b) Each violation may be enforced by any one or a 
combination of the following:  criminal prosecution, civil 
action, or other appropriate action in accordance with sections 
473.501 to 473.549.  
    Subd. 2.  [CRIMINAL PENALTIES; DUTIES.] (a) Any person who 
commits a violation under subdivision 1 may be sentenced to 
imprisonment for not more than 90 days or to payment of a fine 
of not more that $1,000, or both. 
    (b) County attorneys, sheriffs and other peace officers, 
and other officers authorized to enforce criminal laws shall 
take all action necessary to prosecute and punish violations. 
    Subd. 3.  [CIVIL PENALTIES.] A violation is subject to a 
penalty payable to the state, in an amount to be determined by 
the court, of not more than $1,000 per day of violation.  The 
civil penalty may be recovered by a civil action brought by the 
commission in the name of the state.  
    Sec. 3.  Laws 1971, chapter 478, section 17, subdivision 4, 
is amended to read: 
    Subd. 4.  The board shall have the power to adopt rules and 
regulations relating to the board's responsibilities and may 
provide penalties for the violation thereof not exceeding the 
maximum which may be specified for a misdemeanor of imprisonment 
for not more than 90 days or the payment of a fine or civil 
penalty of not more than $1,000, or both, for each violation.  
Any rule or regulation prescribing a penalty for violation shall 
be published at least once in a newspaper having general 
circulation in the district.  Such violations may be prosecuted 
before any court in the district having jurisdiction of 
misdemeanors, and every such court shall have jurisdiction of 
such violations.  Any constable or other peace officer of any 
municipality in the district may make arrests for such 
violations committed anywhere in the district in like manner and 
with like effect as for violations of village ordinances or for 
statutory misdemeanors.  All fines collected in such cases shall 
be deposited in the treasury of the board, or may be allocated 
between the board and the municipality in which such prosecution 
occurs on such basis as the board and the municipality agree. 
    Sec. 4.  [EFFECTIVE DATE.] 
    Section 2 is effective the day following final enactment. 
    Section 3 is effective only after its approval by the 
sanitary board of the Western Lake Superior Sanitary District, 
and upon compliance with Minnesota Statutes, section 645.021. 
    Presented to the governor April 19, 1990 
    Signed by the governor April 20, 1990, 10:59 a.m.