language to be deleted (2) new language
Laws of Minnesota 1993 CHAPTER 365-S.F.No. 1368 An act relating to the environment; imposing criminal penalties for knowing violations of air pollution requirements; amending Minnesota Statutes 1992, section 609.671, subdivisions 9 and 12. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1992, section 609.671, subdivision 9, is amended to read: Subd. 9. [FALSE STATEMENTS; TAMPERING.] (a) A person is guilty of a felony who knowingly: (1) makes any false material statement, representation, or certification in; 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 required under sections 103F.701 to 103F.761; chapter 115 or 116;
orthe hazardous waste transportation requirements of chapter 221; or rules adopted under these laws; or (2) falsifies, tampers with, renders inaccurate, or fails to install any monitoring device or method required to be maintained or followed for the purpose of compliance with sections 103F.701 to 103F.761 or, chapter 115 or 116, or rules adopted under these laws. (b) Except as provided in paragraph (c), a person convicted under this subdivision may be sentenced to imprisonment for not more than two years, or to payment of a fine of not more than $10,000, or both. (c) A person convicted under this subdivision for a violation related to a notice or report required by an air permit issued by the agency as provided in United States Code, title 42, section 7661a(a), as amended through January 1, 1991, may be sentenced to payment of a fine of not more than $10,000 per day of violation. Sec. 2. Minnesota Statutes 1992, section 609.671, subdivision 12, is amended to read: 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 subdivisionparagraph 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. (b) A person is guilty of a misdemeanor who knowingly violates: (1) a requirement of chapter 116, or a rule adopted under that chapter, that is an applicable requirement of the federal Clean Air Act, as defined in Federal Register, volume 57, page 32295; (2) a condition of an air emission permit issued by the agency under chapter 116 or a rule adopted under that chapter; or (3) a requirement to pay a fee based on air emissions under chapter 116 or a rule adopted under that chapter. A person convicted under this paragraph may be sentenced to imprisonment for not more than 90 days, or to payment of a fine of not more than $10,000 per day of violation, or both. Sec. 3. [AGENCY REPORT.] By January 15, 1994, the commissioner of the pollution control agency must report to the environment and natural resources policy committees of the legislature on the feasibility of promulgating rules to establish health-based standards to control emissions of toxic air contaminants into the ambient air. Sec. 4. [EFFECTIVE DATE.] Sections 1 and 2 are effective August 1, 1993, and apply to violations occurring on or after that date. Presented to the governor May 20, 1993 Signed by the governor May 24, 1993, 12:12 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes