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Minnesota Legislature

Office of the Revisor of Statutes

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.