Office of the Revisor of Statutes
Minnesota Session Laws - 1994, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 589-S.F.No. 2354
An act relating to transportation; regulating the
transportation of hazardous material and hazardous
waste; making technical changes; specifying that
certain federal regulations do not apply to cargo
tanks under 3,500 gallons used in the intrastate
transportation of gasoline; establishing a uniform
registration and permitting program for transporters
of hazardous material and hazardous waste; defining
terms; establishing requirements for applications;
describing methods for calculating fees; specifying
treatment of application data; establishing
enforcement authority and administrative penalties;
providing for suspension or revocation of registration
and permits; providing for base state agreements;
preempting and suspending conflicting programs;
providing for the deposit and use of fees and grants;
establishing exemptions; appropriating money; amending
Minnesota Statutes 1992, sections 13.99, by adding a
subdivision; and 221.033, subdivisions 1 and 2b;
Minnesota Statutes 1993 Supplement, sections 115E.045,
subdivision 2; and 221.036, subdivisions 1 and 3;
proposing coding for new law in Minnesota Statutes,
chapter 221; repealing Minnesota Statutes 1992,
section 221.033, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 65a. [TRANSPORTING HAZARDOUS MATERIAL OR WASTE;
PERMIT APPLICATION.] Data submitted under section 5, subdivision
9, and received by the commissioner of transportation on
applications for permits to transport hazardous material or
hazardous waste are classified under section 221.0355,
subdivision 9.
Sec. 2. Minnesota Statutes 1993 Supplement, section
115E.045, subdivision 2, is amended to read:
Subd. 2. [RESPONSE PLAN FOR TANK FACILITIES WITH BETWEEN
10,000 AND 1,000,000 GALLONS OF STORAGE.] (a) By June 1, 1994, a
person who owns or operates a facility that stores more than
10,000 gallons but less than 1,000,000 gallons of oil or
hazardous substances in aboveground tanks shall prepare and
maintain a prevention and response plan in accordance with this
subdivision. The abbreviated plan must include:
(1) the name and business and nonbusiness telephone numbers
of the individual or individuals having full authority to
implement response action;
(2) the telephone number of the local emergency response
organizations, as defined in section 299K.01, subdivision 3, if
the organizations cannot be reached by calling 911;
(3) a description of the facility, tank capacities, spill
prevention and secondary containment measures at the facility,
and the maximum potential discharge that could occur at the
facility;
(4) the telephone number of the single answering point
system established under section 115E.09;
(5) documentation that adequate personnel and equipment
will be available to respond to a discharge, along with evidence
that prearrangements for such response have been made;
(6) a description of the training employees at the facility
receive in handling hazardous materials and in emergency
response information; and
(7) a description of the action that will be taken by the
facility owner or operator in response to a discharge.
(b) The response plan must be retained on file at the
person's principal place of business.
Sec. 3. Minnesota Statutes 1992, section 221.033,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENTS.] Except as provided in
subdivisions 2 to 4 3, no person may transport or offer or
accept for transportation within the state of Minnesota a
hazardous material, hazardous substance, or hazardous waste
except in compliance with United States Code, title 49, sections
1801 to 1811 and the provisions of Code of Federal Regulations,
title 49, parts 171 to 199. Those provisions apply to
transportation in intrastate commerce to the same extent they
apply to transportation in interstate commerce.
Sec. 4. Minnesota Statutes 1992, section 221.033,
subdivision 2b, is amended to read:
Subd. 2b. [CARGO TANKS.] (a) The leakage test
requirement requirements in Code of Federal Regulations, title
49, section sections 180.405, paragraphs (b), (c), (g), (h), and
(j) and 180.407, paragraph paragraphs (c), (d), clause (1), (e),
(f), (g), (h), and (i) does do not apply to cargo tanks of up to
3,000 3,500 gallons capacity that transport gasoline in
intrastate commerce if before providing transportation under
this subdivision:
(1) the owner or operator of the cargo tank provides the
commissioner with evidence that the cargo tank was manufactured
according to the cargo tank specification regulations in Code of
Federal Regulations, title 49, section 178.340 to 178.341-7, as
amended through November 1, 1985;
(2) a copy of the evidence described in clause (1) is kept
in the vehicle to which the cargo tank is attached; and
(3) the manufacturer's metal certification plate is removed
from the cargo tank or covered.
(b) A cargo tank operated under this subdivision must:
(1) be visually inspected annually by a person authorized
to perform such inspections under Code of Federal Regulations,
title 49, section 180.409, and a copy of the annual inspection
must be kept in the vehicle; and
(2) be visually inspected monthly by the operator in a
manner prescribed by the commissioner, and a copy of each
monthly inspection must be kept at the operator's principal
place of business for at least one year beyond the date of the
inspection.
(c) No person may operate a cargo tank described in this
subdivision that (1) violates paragraph (a) or (b), or (2) leaks
gasoline from any portion of the tank that regularly contains
gasoline.
(d) The commissioner shall keep a record of persons who
provide the evidence described in this subdivision.
Sec. 5. [221.0355] [UNIFORM HAZARDOUS MATERIAL AND
HAZARDOUS WASTE REGISTRATION AND PERMIT REQUIREMENTS.]
Subdivision 1. [PURPOSE.] The purpose of this section is
to enable Minnesota to participate in establishing,
implementing, and administering a uniform registration and
permitting program for persons who transport or ship hazardous
material or hazardous waste by motor vehicle on the public
highways in interstate or intrastate commerce. The program's
procedures and requirements must conform to those contained in
the report submitted to the secretary of transportation pursuant
to the "Hazardous Materials Transportation Uniform Safety Act of
1990," United States Code, title 49 appendix, section 1819,
subsection (c).
Subd. 2. [DEFINITIONS.] For purposes of this section, the
following words and phrases have the meanings given them in this
subdivision:
(a) "Base state" means the state selected by a carrier
according to the procedures established by the uniform program.
(b) "Base state agreement" means the agreement between
participating states electing to register or permit carriers of
hazardous material or hazardous waste.
(c) "Carrier" means a person who operates a motor vehicle
used to transport hazardous material or hazardous waste.
(d) "Designated hazardous material" means a hazardous
material described in Code of Federal Regulations, title 49,
section 107.601, which is incorporated by reference.
(e) "Hazardous material" means:
(1) a hazardous material when the hazardous material is of
a type or in a quantity that requires the transport vehicle to
be placarded in accordance with Code of Federal Regulations,
title 49, part 172; or
(2) a hazardous substance or marine pollutant when
transported in bulk packaging as defined in Code of Federal
Regulations, title 49, section 171.8, which is incorporated by
reference.
(f) "Hazardous material transportation" means the
transportation of hazardous material or hazardous waste, or
both, on the public highways.
(g) "Hazardous waste" means hazardous waste of a type and
amount that requires the shipment to be accompanied by a uniform
hazardous waste manifest described in Code of Federal
Regulations, title 40, part 262, including state-designated
hazardous wastes when a list of state-designated hazardous
wastes has been filed by the state with the national repository
under the uniform program.
(h) "Participating state" means a state electing to
participate in the uniform program by entering a base state
agreement.
(i) "Person" means an individual, firm, copartnership,
cooperative, company, association, limited liability company,
corporation, or public entity.
(j) "Public entity" means a carrier who is a federal or
state agency or political subdivision.
(k) "Shipper" means a person who offers a designated
hazardous material for shipment or who causes a designated
hazardous material to be transported or shipped.
(l) "Uniform application" means the uniform motor carrier
registration and permit application form established under the
uniform program.
(m) "Uniform program" means the Uniform State Hazardous
Materials Transportation Motor Carrier Registration and Permit
Program established in the report submitted to the secretary of
transportation pursuant to the "Hazardous Materials
Transportation Uniform Safety Act of 1990," United States Code,
title 49 appendix, section 1819, subsection (c).
Subd. 3. [GENERAL REQUIREMENTS.] Except as provided in
subdivision 17, after October 1, 1994:
(a) No carrier, other than a public entity, may transport a
hazardous material by motor vehicle in Minnesota unless it has
complied with subdivision 4.
(b) No carrier, other than a public entity, may transport a
hazardous waste in Minnesota unless it has complied with
subdivisions 4 and 5.
(c) No shipper may offer a designated hazardous material
for shipment or cause a designated hazardous material to be
transported or shipped in Minnesota unless it has complied with
subdivision 7.
(d) No public entity may transport a hazardous material or
hazardous waste by motor vehicle in Minnesota unless it has
complied with subdivision 8.
Subd. 4. [HAZARDOUS MATERIAL REGISTRATION AND PERMIT.] (a)
A carrier with its principal place of business in Minnesota or
that designates Minnesota as its base state, shall register its
hazardous material transportation with and obtain a permit from
the commissioner before transporting a hazardous material or
hazardous waste in Minnesota. A carrier that designates another
participating state as its base state shall register its
hazardous material transportation with and obtain a permit from
that state before transporting a hazardous material or hazardous
waste in Minnesota.
(b) A carrier who is required to register its hazardous
material transportation in Minnesota shall file parts I and II
of the uniform application with the commissioner and pay an
administrative processing fee of $50 and an apportioned vehicle
registration fee. The amount of the apportioned vehicle
registration fee must be calculated under subdivision 6.
(c) Upon a carrier's compliance with this subdivision, the
commissioner shall issue a notice of registration form and a
permit to the carrier. A notice of registration form must
include a company registration number. A registration is valid
for one year from the date a notice of registration form is
issued and a permit is valid for three years from the date
issued or until a carrier fails to renew its registration,
whichever occurs first.
(d) A registered carrier shall maintain a copy of the
notice of registration form and the permit in each vehicle it
uses to transport a hazardous material or hazardous waste.
(e) A carrier with a permit shall annually certify that its
current operations are not substantially different from its
operations on the date it obtained its permit and shall
recertify its compliance with applicable laws and regulations in
part II of the uniform application when it renews its
registration under this subdivision. Failure to comply with the
certifications in part II is prohibited.
Subd. 5. [HAZARDOUS WASTE TRANSPORTERS.] (a) A carrier
with its principal place of business in Minnesota or who
designates Minnesota as its base state shall file a disclosure
statement with and obtain a permit from the commissioner that
specifically authorizes the transportation of hazardous waste
before transporting a hazardous waste in Minnesota. A carrier
that designates another participating state as its base state
shall file a disclosure statement with and obtain a permit from
that state that specifically authorizes the transportation of
hazardous waste before transporting a hazardous waste in
Minnesota. A registration is valid for one year from the date a
notice of registration form is issued and a permit is valid for
three years from the date issued or until a carrier fails to
renew its registration, whichever occurs first.
(b) A disclosure statement must include the information
contained in part III of the uniform application. The
commissioner shall not issue a notice of registration or permit
to a hazardous waste transporter who has not made a full and
accurate disclosure of the required information. Making a
materially false or misleading statement in a disclosure
statement is prohibited.
(c) The commissioner shall assess a carrier the actual
costs charged the commissioner by a person for conducting the
uniform program's required investigation of the information
contained in a disclosure statement.
(d) A permit under this subdivision becomes a license under
section 221.035, subdivision 1, on August 1, 1996, and is
subject to the provisions of section 221.035 until it expires.
Subd. 6. [APPORTIONED VEHICLE REGISTRATION FEE
CALCULATION.] (a) An apportioned vehicle registration fee shall
be equal to the percentage of Minnesota transportation
multiplied by the percentage of hazardous material
transportation multiplied by the total number of vehicles the
carrier operates multiplied by a per-vehicle fee of $30.
(b) A carrier shall calculate its percentage of Minnesota
transportation and its percentage of hazardous material
transportation as follows:
(1) A carrier shall determine its percentage of Minnesota
transportation by dividing the number of miles it traveled in
Minnesota under the international registration plan, pursuant to
section 168.187, during the previous year, by the number of
miles it traveled nationwide under the international
registration plan during the previous year. If a carrier
operated only in Minnesota, it must use 100 percent of the miles
traveled as its percentage of Minnesota transportation. If a
carrier does not register its vehicles through the international
registration plan, it must calculate the number of miles
traveled in the manner required under the international
registration plan. If a carrier operates more than one fleet
under the international registration plan the carrier must add
all miles traveled by all vehicles in all fleets to calculate
its mileage. A Minnesota carrier who operates in an adjacent
state under a reciprocal agreement with that state must include
the miles operated under the agreement as miles traveled in
Minnesota in calculating mileage under this clause.
(2) A carrier shall determine its percentage of hazardous
material transportation as follows:
(i) for less-than-truckload shipments, it must divide the
weight of the carrier's hazardous material and hazardous waste
shipments transported during the previous year by the total
weight of all shipments transported during the previous year; or
(ii) for truckload shipments, it must divide the number of
shipments transported during the previous year for which
placarding, marking, or manifesting, was required by Code of
Federal Regulations, title 49, part 172, by the total number of
all shipments transported during the previous year.
(c) A carrier that transports both truckload and
less-than-truckload shipments of hazardous material or hazardous
waste must determine its percentage of hazardous material
transportation by calculating the percentage of business that is
hazardous material transportation on a proportional basis with
the percentage of business that is not hazardous material
transportation. If a method of determining a carrier's
percentage of hazardous material transportation based on general
percentage ranges, instead of actual percentages, becomes
allowed under the uniform program, a carrier shall use that
method to determine its percentage of hazardous material
transportation.
(d) The definitions of "truckload freight" and
"less-than-truckload freight" in section 221.011, do not apply
to this subdivision.
(e) A carrier may use data from its most recent complete
fiscal year or the most recent complete calendar year in
calculating the percentages required in this subdivision for
transportation conducted during the previous year.
Subd. 7. [SHIPPER REGISTRATION.] (a) A shipper who
maintains a distribution, terminal, warehouse, or other facility
in Minnesota used to ship hazardous material or hazardous waste
and who is required to comply with Code of Federal Regulation,
title 49, sections 107.601 to 107.620, shall file, with the
commissioner, a complete and accurate copy of its current
registration statement, on the form described in Code of Federal
Regulations, title 49, section 107.608, and a copy of its
current federal certificate of registration. The fee for filing
a shipper registration statement is $250. If a shipper is
required to pay a fee under section 299K.095, the commissioner
shall credit the actual amount paid by the shipper during the
previous 12 months toward payment of the fee required in this
subdivision, not to exceed $250 annually.
(b) Upon a shipper's compliance with this subdivision, the
commissioner shall issue a certificate of registration to the
shipper. A certificate of registration must bear an effective
date and show the shipper's Minnesota hazardous material
transportation registration number. A certificate of
registration is valid for one year from the date it is issued
and must be kept at the shipper's principal place of business.
(c) A shipper whose name, principal place of business, or
business telephone number has changed during the time a
certificate of registration is effective, shall notify the
commissioner of the change by submitting an amended registration
statement not later than 30 days after the change. Upon
receiving an amended registration statement, the commissioner
shall issue an amended certificate of registration. There is no
fee for filing an amended registration statement or for issuing
an amended certificate of registration.
Subd. 7a. [RAIL AND WATER CARRIERS.] (a) A carrier of
hazardous material by rail or water who is required to comply
with Code of Federal Regulations, title 49, sections 107.601 to
107.620, shall file with the commissioner a complete and
accurate copy of its current registration statement, on the form
described in Code of Federal Regulations, title 49, section
107.608, and a copy of its current federal certificate of
registration. The fee for filing the registration statement is
$250. If the carrier is required to pay a fee under section
299K.095, the commissioner shall credit the actual amount paid
by carrier during the previous 12 months toward payment of the
fee required in this subdivision, not to exceed $250 annually.
(b) Upon a carrier's compliance with this subdivision, the
commissioner shall issue a certificate of registration to the
carrier. A certificate of registration must bear an effective
date and show the carrier's Minnesota hazardous material
transportation registration number. A certificate of
registration is valid for one year from the date it is issued
and must be kept at the carrier's principal place of business.
(c) A carrier whose name, principal place of business, or
business telephone number has changed during the time a
certificate of registration is effective, shall notify the
commissioner of the change by submitting an amended registration
statement not later than 30 days after the change. Upon
receiving an amended registration statement, the commissioner
shall issue an amended certificate of registration. There is no
fee for filing an amended registration statement or for issuing
an amended certificate of registration.
Subd. 8. [PUBLIC ENTITY REGISTRATION.] (a) A public entity
with its principal place of business in Minnesota or that
designates Minnesota as its base state, shall register its
hazardous material transportation with the commissioner before
transporting a hazardous material or hazardous waste in
Minnesota. A public entity that designates another
participating state as its base state shall register its
hazardous material transportation with that state before
transporting a hazardous material or hazardous waste in
Minnesota.
(b) A public entity that is required to register its
hazardous material transportation in Minnesota shall file part I
of the uniform application with the commissioner. There is no
fee for the registration required in this subdivision.
(c) Upon a public entity's compliance with this
subdivision, the commissioner shall issue a notice of
registration form to the public entity. The notice of
registration form must include a registration number. A
registration is valid for one year from the date a notice of
registration form is issued.
(d) A registered public entity shall maintain a copy of the
notice of registration form in each vehicle it uses to transport
hazardous material or hazardous waste.
Subd. 9. [APPLICATION DATA.] The following data submitted
to the commissioner under subdivisions 4 and 5 are private data,
with respect to data on individuals, and nonpublic data, with
respect to data not on individuals: information contained in
parts II and III of the uniform application relating to a
carrier's customers and service provided to specific customers,
financial balance sheet and income statement data, ownership and
debt liability data, and information relating to a carrier's
parent companies, affiliates, and subsidiaries. For the purpose
of administering or enforcing the uniform program, the
commissioner may disclose any information classified as private
data on individuals or nonpublic data by this subdivision to the
United States Department of Transportation, any other
participating state or state agency, or to the national
repository established under the uniform program.
Subd. 10. [ENFORCEMENT.] The commissioner may inspect or
examine any motor vehicle or facility operated by a carrier or
any facility operated by a person who ships, or offers for
shipment, hazardous material or hazardous waste and may require
the production of papers, books, records, documents, or other
evidentiary material necessary to determine if a carrier or
shipper is accurately reporting its hazardous material
transportation operations and is otherwise complying with this
section and the uniform program. The commissioner also may
conduct investigations and audits necessary to determine if a
carrier is entitled to a permit or to make suspension or
revocation determinations.
Subd. 11. [ADMINISTRATIVE PENALTIES.] The commissioner may
issue an order requiring violations of this section to be
corrected. An order may include the administrative assessment
of a monetary penalty up to a maximum of $10,000 for all
violations of this section identified during a single
inspection, investigation, or audit. Section 221.036 applies to
administrative penalty orders issued under this section.
Penalties collected under this section must be deposited in the
state treasury and credited to the trunk highway fund.
Subd. 12. [SUSPENSION, REVOCATION, AND DENIAL.] The
commissioner may suspend or revoke a registration and permit
issued under this section or order the suspension of the
transportation of hazardous material or hazardous waste in
Minnesota by a carrier who has obtained a notice of registration
and permit from another participating state under the uniform
program if the commissioner determines that a carrier made a
materially false or misleading statement in a uniform
application or that a carrier's conduct constitutes a serious or
repeated violation of statutes or rules governing the
transportation of hazardous material or hazardous waste. The
commissioner may not issue a notice of registration and permit
to a carrier if the commissioner determines that a carrier's
conduct would constitute grounds for suspension or revocation
under this subdivision. A carrier who wishes to contest a
denial, suspension, or revocation is entitled to a hearing under
chapter 14.
Subd. 13. [BASE STATE AGREEMENTS.] The commissioner may
enter into agreements with federal agencies, a national
repository, or other participating states as necessary to allow
the reciprocal registration and permitting of carriers
transporting hazardous material or hazardous waste. The
agreements may include procedures for determining a base state,
the collection and distribution of registration fees, dispute
resolution, the exchange of information for reporting and
enforcement purposes, and other provisions necessary to fully
implement, administer, and enforce the uniform program.
Subd. 14. [PREEMPTION.] This section preempts and
supersedes any hazardous material or hazardous waste
transportation registration or permitting program administered
or enforced by any state agency, city, county, or other
political subdivision of the state.
Subd. 15. [HAZARDOUS WASTE LICENSES.] From October 1,
1994, until August 1, 1996, the commissioner shall not register
hazardous material transporters under section 221.0335 or
license hazardous waste transporters under section 221.035. A
person who is licensed under section 221.035 need not obtain a
permit under subdivision 4 or 5 until the person's license has
expired.
Subd. 16. [REVOLVING ACCOUNT.] (a) The commissioner shall
deposit in a separate account in the trunk highway fund all
federal funds received for implementing, administering, and
enforcing this section. Money in the account is appropriated to
the commissioner for those purposes.
(b) The commissioner shall accept and disburse federal
funds available for the purpose of implementing, administering,
and enforcing the uniform program.
Subd. 17. [EXEMPTIONS.] This section does not apply to the
intrastate transportation described as follows:
(1) the transportation of hazardous material in a vehicle
controlled by a farmer and operated by a farmer or farm employee
when the hazardous material is to be used on the farm to which
it is transported;
(2) the transportation of a hazardous waste jointly
designated as a "special waste" by the commissioner of
transportation and the commissioner of the Minnesota pollution
control agency; or
(3) transportation by fertilizer and agricultural chemical
retailers while exclusively engaged in the delivery of
fertilizer and agricultural chemicals when:
(i) the delivery is from the retailer's place of business
directly to a farm within a 50-mile radius of the retailer's
place of business; and
(ii) the fertilizer and agricultural chemicals are for use
on the farm to which they are delivered.
Sec. 6. Minnesota Statutes 1993 Supplement, section
221.036, subdivision 1, is amended to read:
Subdivision 1. [ORDERS.] The commissioner may issue an
order requiring violations to be corrected and administratively
assessing monetary penalties for a violation of (1) section
221.021; (2) section 221.033, subdivision 2b; (3) section
221.041, subdivision 3; (3) (4) section 221.081; (4) (5) section
221.151; (5) (6) section 221.171; (6) (7) section
221.141; (7) (8) section 221.035, a material term or condition
of a license issued under that section; or rules of the board or
commissioner relating to the transportation of hazardous waste,
motor carrier operations, insurance, or tariffs and accounting.
An order must be issued as provided in this section.
Sec. 7. Minnesota Statutes 1993 Supplement, section
221.036, subdivision 3, is amended to read:
Subd. 3. [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) The
commissioner may issue an order assessing a penalty of up to
$5,000 for all violations of section 221.021; 221.041,
subdivision 3; 221.081; 221.141; 221.151; or 221.171, or rules
of the board or commissioner relating to motor carrier
operations, insurance, or tariffs and accounting, identified
during a single inspection, audit, or investigation.
(b) The commissioner may issue an order assessing a penalty
up to a maximum of $10,000 for all violations of section
221.033, subdivision 2b, or section 221.035, and rules adopted
under that section those sections, identified during a single
inspection or audit.
(c) In determining the amount of a penalty, the
commissioner shall 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, including the
similarity of the most recent violation and the violation to be
penalized, the time elapsed since the last violation, the number
of previous violations, and the response of the person to the
most recent violation identified;
(4) the economic benefit gained by the person by allowing
or committing the violation; and
(5) other factors as justice may require, if the
commissioner specifically identifies the additional factors in
the commissioner's order.
Sec. 8. [REPEALER.]
Minnesota Statutes 1992, section 221.033, subdivision 4, is
repealed. Section 5 is repealed effective August 1, 1996.
Sec. 9. [EFFECTIVE DATE.]
Sections 1 to 8 are effective the day following final
enactment.
Presented to the governor May 5, 1994
Signed by the governor May 6, 1994, 11:55 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes