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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1991 

                        CHAPTER 347-H.F.No. 694 
           An act relating to the environment; establishing an 
          environmental enforcement account; establishing a 
          field citation pilot project for unauthorized disposal 
          of solid waste; authorizing background investigations 
          of environmental permit applicants; expanding current 
          authority to impose administrative penalties for air 
          and water pollution and solid waste management 
          violations; clarifying that certain persons who own or 
          have the capacity to influence operation of property 
          are not responsible persons under the environmental 
          response and liability act solely because of ownership 
          or the capacity to influence operation; imposing 
          criminal penalties for knowing violations of standards 
          related to hazardous air pollutants and toxic 
          pollutants in water; providing that certain property 
          is subject to forfeiture in connection with 
          convictions for water pollution and air pollution 
          violations; imposing criminal penalties for 
          unauthorized disposal of solid waste; authorizing 
          prosecution of environmental crimes by the attorney 
          general; providing for environmental restitution as 
          part of a sentence; increasing criminal penalties for 
          false statements on documents related to permits and 
          record keeping; requiring reports; appropriating 
          money; amending Minnesota Statutes 1990, sections 
          18D.331, subdivision 4; 115.071, by adding a 
          subdivision; 115.072; 115B.03, by adding subdivisions; 
          115C.05; 116.07, subdivision 4d; 116.072, subdivisions 
          1, 2, 6, 10, and 11; 609.531, subdivision 1; and 
          609.671; proposing coding for new law in Minnesota 
          Statutes, chapters 115 and 116. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                ARTICLE 1

                            CIVIL ENFORCEMENT
    Section 1.  [CITATION.] 
    Articles 1 and 3 may be cited as the "environmental 
enforcement act of 1991." 
    Sec. 2.  Minnesota Statutes 1990, section 115.071, is 
amended by adding a subdivision to read: 
    Subd. 6.  [ADMINISTRATIVE PENALTIES.] A provision of law 
that may be enforced under this section may also be enforced 
under section 116.072. 
    Sec. 3.  Minnesota Statutes 1990, section 115.072, is 
amended to read: 
    115.072 [RECOVERY OF LITIGATION COSTS AND EXPENSES.] 
    In any action brought by the attorney general, in the name 
of the state, pursuant to the provisions of this chapter and 
chapter 116, for civil penalties, injunctive relief, or in an 
action to compel compliance, if the state shall finally prevail, 
and if the proven violation was willful, the state, in addition 
to other penalties provided in this chapter, may be allowed an 
amount determined by the court to be the reasonable value of all 
or a part of the litigation expenses incurred by the state.  In 
determining the amount of such litigation expenses to be 
allowed, the court shall give consideration to the economic 
circumstances of the defendant.  
    All Amounts recovered under the provisions of this section 
and section 115.071, subdivisions 3 to 5, shall be paid into the 
environmental fund in the state treasury to the extent provided 
in section 4. 
    Sec. 4.  [115.073] [ENFORCEMENT FUNDING.] 
    Except as provided in sections 115B.20, subdivision 4, 
clause (2); 115C.05; and 473.845, subdivision 8, all money 
recovered by the state under this chapter and chapters 115A and 
116, including civil penalties and money paid under an 
agreement, stipulation, or settlement, excluding money paid for 
past due fees or taxes, up to the amount appropriated for 
implementation of this act, must be deposited in the state 
treasury and credited to the environmental fund. 
    Sec. 5.  [115.075] [INFORMATION AND MONITORING.] 
    A person may not: 
    (1) make a false material statement, representation, or 
certification in; omit material information from; or alter, 
conceal, or fail to file or maintain a notice, application, 
record, report, plan, manifest, or other document required under 
section 103F.701 or this chapter or chapter 115A or 116; or 
    (2) falsify, tamper with, render inaccurate, or fail to 
install a monitoring device or method required to be maintained 
or followed for the purpose of compliance with sections 103F.701 
to 103F.761 or this chapter or chapter 115A or 116. 
    Sec. 6.  [115.076] [BACKGROUND OF PERMIT APPLICANTS.] 
    Subdivision 1.  [AUTHORITY OF COMMISSIONER.] The agency may 
refuse to issue or to authorize the transfer of a hazardous 
waste facility permit or a solid waste facility permit to 
construct or operate a commercial waste facility as defined in 
section 115A.03, subdivision 6, if the agency determines that 
the permit applicant does not possess sufficient expertise and 
competence to operate the facility in conformance with the 
requirements of chapters 115 and 116, or if other circumstances 
exist that demonstrate that the permit applicant may not operate 
the facility in conformance with the requirements of chapters 
115 and 116.  In making this determination, the agency may 
consider: 
    (1) the experience of the permit applicant in constructing 
or operating commercial waste facilities; 
    (2) the expertise of the permit applicant; 
    (3) the past record of the permit applicant in operating 
commercial waste facilities in Minnesota and other states; 
    (4) any criminal convictions of the permit applicant in 
state or federal court during the past five years that bear on 
the likelihood that the permit applicant will operate the 
facility in conformance with the requirements of chapters 115 
and 116; and 
    (5) in the case of a corporation or business entity, any 
criminal convictions in state or federal court during the past 
five years of any of the permit applicant's officers, partners, 
or facility managers that bear on the likelihood that the 
facility will be operated in conformance with the requirements 
of chapters 115 and 116. 
     Subd. 2.  [PERMIT APPLICANT.] For purposes of this section, 
a permit applicant includes a natural person, a partnership and 
its owners, and a corporation and its parent. 
    Subd.  3.  [INVESTIGATION.] The commissioner may conduct an 
investigation to assist in making determinations under 
subdivision 1.  The reasonable costs of any investigation must 
be paid by the permit applicant. 
    Subd.  4.  [NOTICE OF PERMIT DENIAL.] The agency may not 
refuse to issue or transfer a permit under this section without 
first providing the permit applicant with the relevant 
information and with an opportunity to respond by commenting on 
the information and submitting additional information regarding 
the circumstances surrounding the conviction, corrective 
measures to prevent recurrence, the applicant's rehabilitation, 
and technical and managerial experience.  In making a final 
decision on the permit, the agency shall consider the permit 
applicant's response prior to making a final decision on the 
permit. 
    Subd.  5.  [HEARING.] If the agency proposes to deny a 
permit under this section, the permit applicant may request a 
hearing under chapter 14.  The permit applicant may request that 
the hearing be held under Minnesota Rules, parts 1400.8510 to 
1400.8612. 
    Sec. 7.  Minnesota Statutes 1990, section 115C.05, is 
amended to read: 
    115C.05 [CIVIL PENALTY.] 
    The agency may enforce section 115C.03 using the actions 
and remedies authorized under section sections 115.071, 
subdivision 3, and 116.072.  The civil penalties recovered by 
the state must be credited to the fund. 
    Sec. 8.  Minnesota Statutes 1990, section 116.07, 
subdivision 4d, is amended to read: 
    Subd. 4d.  [PERMIT FEES.] The agency may collect permit 
fees in amounts not greater than those necessary to cover the 
reasonable costs of reviewing and acting upon applications for 
agency permits and implementing and enforcing the conditions of 
the permits pursuant to agency rules.  Permit fees shall not 
include the costs of litigation.  The agency shall adopt rules 
under section 16A.128 establishing the amounts and methods of 
collection of any permit fees collected under this subdivision.  
The fee schedule must reflect reasonable and routine permitting, 
implementation, and enforcement costs.  The agency may impose an 
additional enforcement fee to be collected for a period of up to 
two years to cover the reasonable costs of implementing and 
enforcing the conditions of a permit under the rules of the 
agency.  Any money collected under this subdivision shall be 
deposited in the special revenue account. 
    Sec. 9.  Minnesota Statutes 1990, section 116.072, 
subdivision 1, is amended to read: 
    Subdivision 1.  [AUTHORITY TO ISSUE PENALTY ORDERS.] The 
commissioner may issue an order requiring violations to be 
corrected and administratively assessing monetary penalties for 
hazardous waste violations under sections 115.061 and 116.07, 
and Minnesota Rules, chapter 7045 of this chapter and chapters 
115, 115A, and 115D, any rules adopted under those chapters, and 
any standards, limitations, or conditions established in an 
agency permit; and for failure to respond to a request for 
information under section 115B.17, subdivision 3.  The order 
must be issued as provided in this section. 
    Sec. 10.  Minnesota Statutes 1990, section 116.072, 
subdivision 2, is amended to read: 
    Subd. 2.  [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) The 
commissioner may issue an order assessing a penalty up to 
$10,000 for all violations identified during an inspection or 
other compliance review. 
    (b) In determining the amount of a penalty the commissioner 
may consider: 
    (1) the willfulness of the violation; 
    (2) the gravity of the violation, including damage to 
humans, animals, air, water, land, or other natural resources of 
the state; 
    (3) the history of past violations; 
    (4) the number of violations; 
    (5) the economic benefit gained by the person by allowing 
or committing the violation; and 
    (6) other factors as justice may require, if the 
commissioner specifically identifies the additional factors in 
the commissioner's order. 
    (c) For a violation after an initial violation, the 
commissioner shall, in determining the amount of a penalty, 
consider the factors in paragraph (b) and the: 
    (1) similarity of the most recent previous violation and 
the violation to be penalized; 
    (2) time elapsed since the last violation; 
    (3) number of previous violations; and 
    (4) response of the person to the most recent previous 
violation identified. 
    Sec. 11.  Minnesota Statutes 1990, section 116.072, 
subdivision 6, is amended to read: 
    Subd. 6.  [EXPEDITED ADMINISTRATIVE HEARING.] (a) Within 30 
days after receiving an order or within 20 days after receiving 
notice that the commissioner has determined that a violation has 
not been corrected or appropriate steps have not been taken, the 
person subject to an order under this section may request an 
expedited hearing, utilizing the procedures of Minnesota Rules, 
parts 1400.8510 to 1400.8612, to review the commissioner's 
action.  The hearing request must specifically state the reasons 
for seeking review of the order.  The person to whom the order 
is directed and the director commissioner are the parties to the 
expedited hearing.  The commissioner must notify the person to 
whom the order is directed of the time and place of the hearing 
at least 20 days before the hearing.  The expedited hearing must 
be held within 30 days after a request for hearing has been 
filed with the commissioner unless the parties agree to a later 
date. 
    (b) All written arguments must be submitted within ten days 
following the close of the hearing.  The hearing shall be 
conducted under the conference contested case rules of the 
office of administrative hearings Minnesota Rules, parts 
1400.8510 to 1400.8612, as modified by this subdivision.  The 
office of administrative hearings may, in consultation with the 
agency, adopt rules specifically applicable to cases under this 
section. 
    (c) The administrative law judge shall issue a report 
making recommendations about the commissioner's action to the 
commissioner within 30 days following the close of the record.  
The administrative law judge may not recommend a change in the 
amount of the proposed penalty unless the administrative law 
judge determines that, based on the factors in subdivision 2, 
the amount of the penalty is unreasonable. 
    (d) If the administrative law judge makes a finding that 
the hearing was requested solely for purposes of delay or that 
the hearing request was frivolous, the commissioner may add to 
the amount of the penalty the costs charged to the agency by the 
office of administrative hearings for the hearing.  
    (e) If a hearing has been held, the commissioner may not 
issue a final order until at least five days after receipt of 
the report of the administrative law judge.  The person to whom 
an order is issued may, within those five days, comment to the 
commissioner on the recommendations and the commissioner will 
consider the comments.  The final order may be appealed in the 
manner provided in sections 14.63 to 14.69.  
    (f) If a hearing has been held and a final order issued by 
the commissioner, the penalty shall be paid by 30 days after the 
date the final order is received unless review of the final 
order is requested under sections 14.63 to 14.69.  If review is 
not requested or the order is reviewed and upheld, the amount 
due is the penalty, together with interest accruing from 31 days 
after the original order was received at the rate established in 
section 549.09. 
    Sec. 12.  Minnesota Statutes 1990, section 116.072, 
subdivision 10, is amended to read: 
    Subd. 10.  [REVOCATION AND SUSPENSION OF PERMIT.] If a 
person fails to pay a penalty owed under this section, the 
agency has grounds to revoke or refuse to reissue or renew a 
hazardous waste permit issued by the agency. 
    Sec. 13.  Minnesota Statutes 1990, section 116.072, 
subdivision 11, is amended to read: 
    Subd. 11.  [CUMULATIVE REMEDY.] The authority of the agency 
to issue a corrective order assessing penalties is in addition 
to other remedies available under statutory or common law, 
except that the state may not seek civil penalties under any 
other provision of law for the violations covered by the 
administrative penalty order.  The payment of a penalty does not 
preclude the use of other enforcement provisions, under which 
penalties are not assessed, in connection with the violation for 
which the penalty was assessed. 
    Sec. 14.  [PLAN FOR USE OF ADMINISTRATIVE PENALTY ORDERS.] 
    The commissioner of the pollution control agency shall 
prepare a plan for using the administrative penalty authority in 
Minnesota Statutes, section 116.072.  The commissioner shall 
provide a 30-day period for public comment on the plan.  The 
plan must be submitted to the agency for approval by October 1, 
1991. 
    Sec. 15.  [FIELD CITATION PILOT PROJECT.] 
    Subdivision 1.  [AUTHORITY TO ISSUE.] Pollution control 
agency staff designated by the commissioner and department of 
natural resources conservation officers may issue citations to a 
person who disposes of solid waste as defined in Minnesota 
Statutes, section 116.06, subdivision 10, at a location not 
authorized by law for the disposal of solid waste without 
permission of the owner of the property. 
    Subd. 2.  [PENALTY AMOUNT.] The citation must impose the 
following penalty amounts: 
    (1) $100 per major appliance, as defined in Minnesota 
Statutes, section 115A.03, subdivision 17a, up to a maximum of 
$2,000; 
    (2) $25 per waste tire, as defined in Minnesota Statutes, 
section 115A.90, subdivision 11, unless utilized in an 
agricultural pursuit, up to a maximum of $2,000; 
    (3) $25 per lead acid battery governed by Minnesota 
Statutes, section 115A.915, up to a maximum of $2,000; 
    (4) $1 per pound of other solid waste or $20 per cubic foot 
up to a maximum of $2,000; and 
    (5) up to $200 for any amount of waste that escapes from a 
vehicle used for the transportation of solid waste if, after 
receiving actual notice that waste has escaped the vehicle, the 
person or company transporting the waste fails to collect the 
waste. 
    Subd. 3.  [APPEALS.] Citations may be appealed under the 
procedures in Minnesota Statutes, section 116.072, subdivision 
6, if the person requests a hearing by notifying the 
commissioner within 15 days after receipt of the citation.  If a 
hearing is not requested within the 15-day period, the citation 
becomes a final order not subject to further review. 
    Subd. 4.  [ENFORCEMENT OF FIELD CITATIONS.] Field citations 
may be enforced under Minnesota Statutes, section 116.072, 
subdivisions 9 and 10.  
    Subd. 5.  [CUMULATIVE REMEDY.] The authority of 
conservation officers to issue field citations is in addition to 
other remedies available under statutory or common law, except 
that the state may not seek penalties under any other provision 
of law for the incident subject to the citation. 
    Subd. 6.  [STUDY OF FIELD CITATION PILOT PROGRAM.] The 
pollution control agency, in consultation with the department of 
natural resources and the attorney general, shall prepare a 
study on the effectiveness and limitations of the field citation 
pilot program.  The study must make recommendations about the 
continued use of field citations.  The study must be submitted 
to the legislative commission on waste management by November 
15, 1992. 
    Sec. 16.  [STUDY OF THE ROLE OF LOCAL GOVERNMENTAL UNITS IN 
ENVIRONMENTAL PROGRAMS.] 
    The pollution control agency shall conduct a study of the 
role that local governmental units should play in enforcing the 
requirements of state environmental programs within the 
jurisdiction of the pollution control agency.  The study must 
involve representatives of the attorney general, local 
governmental units, environmental organizations, and 
businesses.  Public meetings must be held in at least four 
locations in the state prior to the completion of the study.  
The study must identify which environmental programs, or parts 
of programs, could be enforced by local government units; 
criteria for approving local enforcement programs; resources 
needed to support local enforcement programs; sources of funding 
to ensure adequate resources are available; the ability of local 
governmental units to enforce the laws; and the training and 
testing needs of local governmental units to support 
enforcement.  If the study concludes that additional elements of 
the state's environmental programs should be enforced by local 
governmental units, the study report must include a recommended 
strategy for involving local governmental units in the 
enforcement of program elements.  The strategy must consider 
methods of maintaining consistent enforcement throughout the 
state of environmental program elements that may be enforced by 
local governmental units and methods of avoiding duplicative 
enforcement activities.  The study must be submitted to the 
committees on environment and natural resources of the 
legislature by October 1, 1992. 
    Sec. 17.  [REPORT TO THE LEGISLATURE.] 
    The pollution control agency shall monitor the use of the 
new enforcement authority provided in the 1991 legislative 
session and the use of the money appropriated to the agency in 
article 3, section 5, and, after consulting with the attorney 
general, report the results to the committees on environment and 
natural resources of the legislature by November 15, 1992.  The 
report must also contain recommendations on establishing a 
permanent system for reporting progress in achieving compliance 
with environmental laws to the legislature and to the public. 
    Sec. 18.  [INSTRUCTION TO REVISOR.] 
    In Minnesota Statutes 1992 and subsequent editions, the 
revisor of statutes shall, in each of the following sections, 
before "115.071" delete "section" and insert "sections" and 
after "115.071" insert "and 116.072": 
    115A.906, subdivision 2; 
    115A.915; 
    115A.916; 
    115A.9561; 
    116.07, subdivision 4i; 
    116.83, subdivision 2; and 
    473.845, subdivision 8. 
    Sec. 19.  [REPEALER.] 
    Section 15 is repealed. 
    Sec. 20.  [EFFECTIVE DATE.] 
    Section 19 is effective July 1, 1993. 

                               ARTICLE 2 

                       HAZARDOUS WASTE LIABILITY 
    Section 1.  Minnesota Statutes 1990, section 115B.03, is 
amended by adding a subdivision to read: 
    Subd. 6.  [MORTGAGES.] (a) A mortgagee is not a responsible 
person under this section solely because the mortgagee becomes 
an owner of real property through foreclosure of the mortgage or 
by receipt of the deed to the mortgaged property in lieu of 
foreclosure. 
    (b) A mortgagee of real property where a facility is 
located or a holder of a security interest in facility assets or 
inventory is not an operator of the facility for the purpose of 
this section solely because the mortgagee or holder has a 
capacity to influence the operation of the facility to protect 
its security interest in the real property or assets. 
    Sec. 2.  Minnesota Statutes 1990, section 115B.03, is 
amended by adding a subdivision to read: 
    Subd. 7.  [CONTRACT FOR DEED VENDORS.] A contract for deed 
vendor who is otherwise not a responsible party for a release or 
a threatened release of a hazardous substance from a facility is 
not a responsible person under this section solely as a result 
of a termination of the contract for deed under section 559.21. 

                                ARTICLE 3

                          CRIMINAL ENFORCEMENT
    Section 1.  Minnesota Statutes 1990, section 18D.331, 
subdivision 4, is amended to read: 
    Subd. 4.  [DISPOSAL THAT BECOMES HAZARDOUS WASTE.] A person 
who knowingly, or with reason to know, disposes of an 
agricultural chemical so that the product becomes in violation 
of this chapter, chapter 18B or 18C, or a standard, special 
order, stipulation agreement, or schedule of compliance of the 
commissioner and the agricultural chemical is hazardous waste is 
subject to the penalties in section 115.071 609.671, subdivision 
4. 
    Sec. 2.  [116.91] [CITIZEN REPORTS OF ENVIRONMENTAL 
VIOLATIONS.] 
    The agency shall maintain and publicize a toll-free number 
to enable citizens to report information about potential 
environmental violations.  The agency may establish a program to 
pay awards from funds raised from private sources to persons who 
provide information that leads to the conviction for an 
environmental crime. 
    Sec. 3.  Minnesota Statutes 1990, section 609.531, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
609.531 to 609.5317, the following terms have the meanings given 
them.  
    (a) "Conveyance device" means a device used for 
transportation and includes, but is not limited to, a motor 
vehicle, trailer, snowmobile, airplane, and vessel and any 
equipment attached to it.  The term "conveyance device" does not 
include property which is, in fact, itself stolen or taken in 
violation of the law.  
    (b) "Weapon used" means a weapon used in the furtherance of 
a crime and defined as a dangerous weapon under section 609.02, 
subdivision 6.  
     (c) "Property" means property as defined in section 609.52, 
subdivision 1, clause (1).  
     (d) "Contraband" means property which is illegal to possess 
under Minnesota law.  
     (e) "Appropriate agency" means the bureau of criminal 
apprehension, the Minnesota state patrol, a county sheriff's 
department, the suburban Hennepin regional park district park 
rangers, or a city or airport police department.  
     (f) "Designated offense" includes:  
     (1) for weapons used:  any violation of this chapter; 
     (2) for all other purposes:  a felony violation of, or a 
felony-level 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; 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; 609.525; 
609.53; 609.54; 609.551; 609.561; 609.562; 609.563; 609.582; 
609.59; 609.595; 609.631; 609.671, subdivisions 3, 4, and 5, 8, 
and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 
237.73; 617.246; or a gross misdemeanor or felony violation of 
section 609.891.  
    (g) "Controlled substance" has the meaning given in section 
152.01, subdivision 4. 
    Sec. 4.  Minnesota Statutes 1990, section 609.671, is 
amended to read: 
    609.671 [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 air pollutant" means an air pollutant listed 
under United States Code, title 42, section 7412(b). 
    (e) "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) (f) "Permit" means a permit issued by the pollution 
control agency or interim status for a treatment, storage, or 
disposal facility under chapter 115 or 116 or the rules 
promulgated under those chapters including interim status for 
hazardous waste that qualifies under the agency rules facilities.
    (g) "Solid waste" has the meaning given in section 116.06, 
subdivision 10. 
    (h) "Toxic pollutant" means a toxic pollutant on the list 
established under United States Code, title 33, section 1317. 
    Subd. 2.  [PROOF OF KNOWING STATE OF MIND DEFINITION OF 
KNOWING.] (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 (a) For 
purposes of this section, an act is committed knowingly if it is 
done voluntarily and is not the result of negligence, mistake, 
accident, or circumstances that are beyond the control of the 
defendant.  Whether an act was knowing may be inferred from the 
person's conduct, from the person's familiarity with the subject 
matter in question, or from all of the facts and circumstances 
connected with the case.  Knowledge may also be established by 
evidence that the person took affirmative steps to shield the 
person from relevant information.  Proof of knowledge does not 
require that a person knew a particular act or failure to act 
was a violation of law or that the person had specific knowledge 
of the regulatory limits or testing procedures involved in a 
case. 
    (b) Knowledge of a corporate official may be established 
under paragraph (a) or by proof that the person is a responsible 
corporate official.  To prove that a person is a responsible 
corporate official, it must be shown that: 
    (1) the person is an official of the corporation, not 
merely an employee; 
    (2) the person has direct control of or supervisory 
responsibility for the activities related to the alleged 
violation, but not solely that the person held a certain job or 
position in a corporation; and 
    (3) the person had information regarding the offense for 
which the defendant is charged that would lead a reasonable and 
prudent person in the defendant's position to learn the actual 
facts.  
     (c) Knowledge of a corporation may be established by 
showing that an illegal act was performed by an agent acting on 
behalf of the corporation within the scope of employment and in 
furtherance of the corporation's business interest, unless a 
high managerial person with direct supervisory authority over 
the agent demonstrated due diligence to prevent the crime's 
commission. 
    Subd. 3.  [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 commits 
an act described in subdivision 4 or, 5, 8, paragraph (a), or 
12; 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 
payment of a fine of not more than $100,000, or both, except 
that a defendant that is an organization may be sentenced to pay 
payment of a fine of not more than $1,000,000. 
    Subd. 4.  [HAZARDOUS WASTE; UNLAWFUL DISPOSAL OR 
ABANDONMENT.] A person who knowingly, or with reason to know, 
disposes of or abandons 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 payment of a fine of not more 
than $50,000, or both. 
    Subd. 5.  [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 6921 to 9675 6938; 
    (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 6921 to 9675 6938; 
    (4) transports hazardous waste without a manifest as 
required by the rules under sections 116.07, subdivision 4, and 
221.172; or 
    (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 payment of 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 payment of 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, or 12 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 payment of a 
fine of not more than $15,000, or both.  
    Subd. 7.  [AGGREGATION PROSECUTION.] When two or more 
offenses in violation of subdivision 4 this section 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 
felony who knowingly: 
    (1) causes the violation of an effluent standard or 
limitation for a toxic pollutant in a national pollutant 
discharge elimination system permit or state disposal system 
permit; 
    (2) introduces into a sewer system or into a publicly owned 
treatment works a hazardous substance that the person knew or 
reasonably should have known is likely to cause personal injury 
or property damage; or 
    (3) except in compliance with all applicable federal, 
state, and local requirements and permits, introduces into a 
sewer system or into a publicly owned treatment works a 
hazardous substance that causes the treatment works to violate 
an effluent limitation or condition of the treatment works' 
national pollutant discharge elimination system permit. 
    (b) For purposes of paragraph (a), "hazardous substance" 
means a substance on the list established under United States 
Code, title 33, section 1321(b). 
    (c) A person convicted under paragraph (a) may be sentenced 
to imprisonment for not more than three years, or to payment of 
a fine of not more than $50,000 per day of violation, or both. 
    (d) A person is guilty of a gross misdemeanor crime who 
willfully commits any of the following acts knowingly: 
    (1) violates any effluent standard or limitation, or any 
water quality standard adopted by the agency; 
    (2) violates any material term or condition of a national 
pollutant discharge elimination system permit or any term or 
condition of the state disposal system permit; 
    (3) fails to permit or carry out any recording, reporting, 
monitoring, sampling, or information entry, access, copying, or 
other inspection or investigation gathering 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 file a discharge monitoring 
report or other document required for compliance with a national 
pollutant discharge elimination system filing requirement or 
state disposal system permit. 
    (b) (e) A person convicted under this subdivision paragraph 
(d) may be sentenced to imprisonment for not more than one year, 
or to pay payment of a fine of not less than $2,500 and not more 
than $40,000 $25,000 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 payment of a 
fine of not more than $50,000 per day of violation, or both. 
    Subd. 9.  [INFORMATION AND MONITORING FALSE STATEMENTS; 
TAMPERING.] (a) Except as provided in subdivision 5, paragraph 
(a), clauses (6) and (7), A person is guilty of a gross 
misdemeanor felony who knowingly: 
    (1) makes any material false material statement, 
representation, or certification in any; omits material 
information from; or alters, conceals, or fails to file or 
maintain a notice, application, record, report, plan, manifest, 
permit, license, or other document filed, maintained, or used 
for the purpose of compliance with required under sections 
103F.701 to 103F.761, or; chapter 115 or, with respect to 
pollution of the waters of the state, chapter 116; or the 
hazardous waste transportation requirements of chapter 221; or 
    (2) falsifies, tampers with, or renders inaccurate, or 
fails to install any monitoring device or method required to be 
maintained or used followed for the purpose of compliance with 
sections 103F.701 to 103F.761, or 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 two 
years, or to pay payment of a fine of not more than $20,000 per 
day of violation $10,000, or both. 
    Subd. 10.  [FAILURE TO REPORT A RELEASE OF A HAZARDOUS 
SUBSTANCE OR AN EXTREMELY HAZARDOUS SUBSTANCE.] (a) A person is, 
upon conviction, subject to a fine of up to $25,000 or 
imprisonment for up to two years, or both, who: 
    (1) is required to report the release of a hazardous 
substance under United States Code, title 42, section 9603, or 
the release of an extremely hazardous substance under United 
States Code, title 42, section 11004; 
    (2) knows or has reason to know that a hazardous substance 
or an extremely hazardous substance has been released; and 
    (3) fails to provide immediate notification of the release 
of a reportable quantity of a hazardous substance or an 
extremely hazardous substance to the state emergency response 
center, or a firefighting or law enforcement organization. 
    (b) For a second or subsequent conviction under this 
subdivision, the violator is subject to a fine of up to $50,000 
or imprisonment for not more than five years, or both. 
     (c) For purposes of this subdivision, a "hazardous 
substance" means a substance on the list established under 
United States Code, title 42, section 9602. 
     (d) For purposes of this subdivision, an "extremely 
hazardous substance" means a substance on the list established 
under United States Code, title 42, section 11002. 
     (e) For purposes of this subdivision, a "reportable 
quantity" means a quantity that must be reported under United 
States Code, title 42, section 9602 or 11002. 
    Subd. 11.  [INFECTIOUS WASTE.] A person who knowingly, or 
with reason to know, disposes of or arranges for the disposal of 
infectious waste as defined in section 116.76 at a location or 
in a manner that is prohibited by section 116.78 is guilty of a 
gross misdemeanor and may be sentenced to imprisonment for not 
more than one year, or to payment of a fine of not more than 
$10,000, or both.  A person convicted a second or subsequent 
time under this subdivision is guilty of a felony and may be 
sentenced to imprisonment for not more than two years, or to 
payment of a fine of not more than $25,000, or both. 
     Subd. 12.  [AIR POLLUTION.] (a) A person is guilty of a 
felony who knowingly: 
    (1) causes a violation of a national emission standard for 
a hazardous air pollutant adopted under United States Code, 
title 42, section 7412; or 
    (2) causes a violation of an emission standard, limitation, 
or operational limitation for a hazardous air pollutant 
established in a permit issued by the pollution control agency. 
    (b) A person convicted under this subdivision may be 
sentenced to imprisonment for not more than three years, or to 
payment of a fine of not more than $50,000 per day of violation, 
or both. 
    Subd. 13.  [SOLID WASTE DISPOSAL.] (a) A person is guilty 
of a gross misdemeanor who: 
    (1) knowingly disposes of solid waste at, transports solid 
waste to, or arranges for disposal of solid waste at a location 
that does not have a required permit for the disposal of solid 
waste; and 
    (2) does so in exchange for or in expectation of money or 
other consideration. 
    (b) A person convicted under this subdivision may be 
sentenced to imprisonment for not more than one year, or to 
payment of a fine of not more than $15,000, or both.  
    Subd. 14.  [DEFENSE.] Except for intentional violations, a 
person is not guilty of a crime for air quality violations under 
subdivision 6 or 12, or for water quality violations under 
subdivision 8, if the person notified the pollution control 
agency of the violation as soon as the person discovered the 
violation and took steps to promptly remedy the violation. 
    Sec. 5.  [APPROPRIATIONS.] 
    Subdivision 1.  [POLLUTION CONTROL AGENCY.] (a) $890,000 is 
appropriated from the environmental fund to the pollution 
control agency for administration of articles 1 and 2.  $460,000 
is for fiscal year 1992 and $430,000 is for fiscal year 1993. 
    (b) $238,000 is appropriated from the environmental fund to 
the attorney general for costs incurred under articles 1 and 2.  
$119,000 is for fiscal year 1992 and $119,000 is for fiscal year 
1993. 
    Subd. 2.  [DEPARTMENT OF NATURAL RESOURCES.] $200,000 is 
appropriated from the environmental fund to the commissioner of 
natural resources for implementation of the field citation pilot 
project under article 1, section 15.  $100,000 is for fiscal 
year 1992 and $100,000 is for fiscal year 1993. 
    Sec. 6.  [EFFECTIVE DATE.] 
    Sections 1, 3, and 4 are effective August 1, 1991, and 
apply to crimes committed on or after that date. 
    Presented to the governor May 31, 1991 
    Signed by the governor June 4, 1991, 8:34 p.m.