Minnesota Session Laws - 1993, Regular Session

  
    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; or the 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 subdivision paragraph 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.