Office of the Revisor of Statutes
Minnesota Session Laws - 1996, Regular Session
Key: (1) language to be deleted (2) new language
KEY: stricken = old language to be removed
underscored = new language to be added
CHAPTER 437-S.F.No. 1956
An act relating to the environment; providing for an
environmental permitting project; providing penalties;
amending Minnesota Statutes 1994, sections 115.03,
subdivisions 1 and 2; 115.04; 115.071, subdivisions 1,
2, 3, 4, and 5; 115.072; 115.075; 115.076, subdivision
1; 116.07, subdivision 9; and 116.091, subdivisions 1
and 3; Minnesota Statutes 1995 Supplement, section
116.072, subdivision 1; proposing coding for new law
as Minnesota Statutes, chapter 114C.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ENVIRONMENTAL REGULATORY INNOVATIONS ACT
Section 1. [114C.01] [POLICY.]
The legislature recognizes that Minnesota's existing
environmental laws play a critical role in protecting the
environment. However, the legislature finds that environmental
protection could be further enhanced by authorizing innovative
advances in environmental regulatory methods. It is the policy
of the legislature that Minnesota should develop environmental
regulatory methods that:
(1) encourage facility owners and operators to assess the
pollution they emit or cause, directly and indirectly, to the
air, water, and land;
(2) encourage facility owners and operators to innovate,
set measurable and verifiable goals, and implement the most
effective pollution prevention, source reduction, or other
pollution reduction strategies for their particular facilities,
while complying with verifiable and enforceable pollution
limits;
(3) encourage superior environmental performance and
continuous improvement toward sustainable levels of resource
usage and minimization of pollution discharges;
(4) reward facility owners and operators that reduce
pollution to levels below what is required by applicable law;
(5) consolidate into one permit environmental requirements
that are currently included in different permits, sometimes
issued by different state or local agencies;
(6) reduce the time and money spent by agencies and
facility owners and operators on paperwork and other
administrative tasks that do not benefit the environment;
(7) increase public participation and encourage stakeholder
consensus in the development of innovative environmental
regulatory methods and in monitoring the environmental
performance of projects under this chapter;
(8) encourage groups of facilities and communities to work
together to reduce pollution to levels below what is required by
applicable law;
(9) provide reasonable technical assistance to facilitate
meaningful stakeholder participation; and
(10) increase levels of trust and communication among
agencies, regulated parties, and the public.
Sec. 2. [114C.02] [DEFINITIONS.]
Subdivision 1. [SCOPE.] For the purposes of this chapter,
the definitions in this section have the meanings given them.
Subd. 2. [POLLUTION PREVENTION.] "Pollution prevention"
has the meaning given in section 115D.03.
Subd. 3. [SOURCE REDUCTION.] "Source reduction" has the
meaning given in section 115A.03.
Subd. 4. [STAKEHOLDERS.] "Stakeholders" means citizens in
the communities near the project site, facility workers,
government representatives, business groups, educational groups,
environmental groups, or other Minnesota citizens or public
interest groups.
Subd. 5. [STATE OR LOCAL AGENCY.] "State or local agency"
means any agency, department, board, bureau, office or other
instrumentality of the state, any political subdivision of the
state, any public corporation, any municipality, and any other
local unit of government.
PERMIT PROJECT
Sec. 3. [114C.10] [ESTABLISHMENT OF MINNESOTA XL PERMIT
PROJECT.]
Subdivision 1. [PROJECT.] The pollution control agency is
authorized to establish and implement a permit project under
sections 114C.10 to 114C.14. The purpose of the project is to
work toward the policy goals listed in section 114C.01 by
issuing and studying the effect of permits that require
permittees to reduce overall levels of pollution below what is
required by applicable law, but which grant greater operational
flexibility than current law would otherwise allow. Permits
issued under this project shall be called Minnesota XL permits.
Subd. 2. [REPORT TO LEGISLATURE.] By January 15, 1998, the
commissioner of the pollution control agency shall report to the
legislature on implementation of the project, the environmental
results of the project, and recommendations for future
legislation to further the policy of this chapter.
Sec. 4. [114C.11] [MINNESOTA XL PERMITS.]
Subdivision 1. [PARTICIPATION IN PROJECT.] (a) The
commissioner of the pollution control agency may solicit
requests for participation and shall select the participants in
the project based on the policy set forth in section 114C.01 and
to satisfy the criteria of subdivisions 2 and 3. In addition,
the commissioner shall select participants that collectively
represent a variety of facility types and projects that are
expected to reduce air, water, and land pollution. A power
generation facility may not be selected to participate in the
project or be issued a Minnesota XL permit unless its proposal
includes a plan for significantly reducing mercury emissions.
(b) The prospective permittees must be regulated by the
agency under chapter 115, chapter 116, or both, and voluntarily
submit a proposal for a Minnesota XL permit. The proposal must
address the major pollution impact from the facility or
facilities included in the proposal.
(c) If, in the course of preparing a Minnesota XL permit
for a prospective permittee, the commissioner concludes that the
Minnesota XL permit will not sufficiently promote the policy of
section 114C.01 or meet the issuance criteria in this section,
the commissioner may remove the prospective permittee from the
project. In that event, the commissioner shall provide the
prospective permittee with a reasonable amount of time to obtain
alternative permits made necessary by removal from the project.
Subd. 2. [MINIMUM CRITERIA FOR MINNESOTA XL PERMIT
ISSUANCE.] The pollution control agency may issue and amend a
Minnesota XL permit if the agency finds that the following
minimum criteria are met:
(1) the permit will facilitate pollution prevention and
source reduction activities by the facility and result in
significantly lower overall levels of pollution from the
facility, its customers, or suppliers than would otherwise be
required by applicable laws, without: (i) increasing the
negative impact on the environment, the local community, or
worker health and safety; or (ii) transferring pollution impacts
into the product;
(2) the pollution prevention, source reduction, or other
pollution reduction goals are verifiable;
(3) the pollution limits contained in the permit are
verifiable and enforceable;
(4) the stakeholder group has been involved through a
decision-making process that seeks consensus in the design of
the permit and will have the opportunity for continued
involvement in the implementation and evaluation of it;
(5) the permittee agrees to make available information that
it gives the agency about the XL project, except information
that is nonpublic under chapter 13 or confidential under section
116.075, to the stakeholder group in a format that is easily
understood;
(6) the permittee agrees to provide an assessment of the
success of the project in reducing the time and money spent at
the facility on paperwork and other administrative tasks that do
not directly benefit the environment;
(7) the permittee, the pollution control agency, and other
state and local agencies are likely to expend less time and
resources over the long term to administer the Minnesota XL
permit than other types of permits; and
(8) the project is not inconsistent with the federal
government's Project XL guidance or any federal laws governing
the Project XL program.
Subd. 3. [ADDITIONAL CRITERIA.] In addition to the minimum
criteria in subdivision 2, the commissioner in selecting
participants and the agency in issuing or amending a Minnesota
XL permit, must find that the permit meets one or more of the
following criteria:
(1) the permit allows the facility owner or operator as
much operational flexibility as can be reasonably provided
consistent with the need to achieve the anticipated pollution
reduction and ensure the verifiability and enforceability of the
permit's pollution limits;
(2) the permit provides facility-wide pollution limits
where practical, verifiable, and enforceable;
(3) the permit regulates air, water, and land pollution
effects, direct and indirect;
(4) the permit encourages pollution prevention or source
reduction;
(5) the permit encourages innovation in the design,
production, distribution, use, reuse, recycling, or disposal of
a product such that air, water, and land pollution impacts are
minimized over the life cycle of a product;
(6) the permit reduces the emission of nontoxic pollutants
regulated under applicable law;
(7) the permit reduces indoor chemical exposure, water use,
or energy use;
(8) the permit minimizes transfer, direct and indirect, of
pollution between the air, water, and land;
(9) the regulatory techniques employed in the permit have
potential application to other permittees;
(10) the permittee agrees to measure and demonstrate the
success of the Minnesota XL permit in addition to the assessment
in subdivision 2, clause (6), such as tracking pollution
prevention incentives and initiatives or using surveys to
measure any attitudinal changes by facility personnel or the
public;
(11) the permit is multiagency, under subdivision 4.
Subd. 4. [MULTIAGENCY MINNESOTA XL PERMITS.] The pollution
control agency may include or vary in a Minnesota XL permit the
related requirements of other state or local agencies, if the
pollution control agency, the prospective permittee, and the
other state or local agency find that it is reasonable to do
so. Notwithstanding conflicting procedural requirements, the
other agencies may exercise their related permitting, licensing,
or other approval responsibilities by including their
requirements in the Minnesota XL permit. The pollution control
agency may not include or vary the related requirements of other
state or local agencies in a Minnesota XL permit unless the
other agencies agree to sign the permit. The Minnesota XL
permit shall identify any requirement, the source of which is
not the pollution control agency, and identify the source
agency. The commissioner of the pollution control agency and
the other agencies may agree to share inspection or other
responsibilities related to the Minnesota XL permit. For
purposes of this subdivision, requirements are related if they
have a direct or indirect bearing on environmental protection or
indoor chemical exposure.
Subd. 5. [ENVIRONMENTAL POLICY ACT.] Sections 114C.10 to
114C.14 do not supersede the requirements of chapter 116D and
the rules adopted under it.
Subd. 6. [PLANS AND PROGRESS REPORTS UNDER CHAPTERS 115D
AND 115E.] A permittee complies with the plan content and timing
requirements of sections 115D.07, 115E.04, and 115E.045 if the
Minnesota XL permit requires the permittee to include in an
overall environmental management plan satisfactory alternative
information. A permittee complies with the progress report
content and timing requirements of section 115D.08 if the
Minnesota XL permit requires the permittee to include in its
overall reporting requirements satisfactory alternative
information, and specifies a schedule for submitting the
information.
Sec. 5. [114C.12] [ISSUANCE, AMENDMENT, AND REVOCATION
PROCEDURE.]
Subdivision 1. [STAKEHOLDER GROUP.] The commissioner of
the pollution control agency shall:
(1) ensure that the stakeholder group for each Minnesota XL
permit includes members that represent diversity of stakeholders
that emphasizes participation by members from the local
community but does not exclude other stakeholders;
(2) ensure that a decision-making process that seeks
consensus is in place; and
(3) ensure that reasonable technical assistance is provided
to facilitate stakeholder understanding of the design,
implementation, and evaluation of each Minnesota XL permit.
Subd. 2. [UNIFIED PERMIT ACTION AND VARIANCE
PROCEDURE.] The pollution control agency may issue, amend, or
revoke Minnesota XL permits using the single permit and variance
procedure in subdivision 4, notwithstanding conflicting state or
local procedural requirements. If a Minnesota XL permit
includes variances from applicable state rules or local
ordinances or local regulations, the issuance or amendment of
the permit constitutes adoption of a variance to such state
rules or local ordinances or local regulations if the Minnesota
XL permit identifies, in general terms, any state rules or local
ordinances or local regulations being varied.
Subd. 3. [VARIANCE STANDARDS.] Although subdivision 2
establishes the procedure for granting variances in a Minnesota
XL permit, the agency in deciding whether to grant a variance
must apply the substantive standards for granting a variance
applicable to the state rule, local ordinance, or local
regulation being varied or find that the variance either:
(1) promotes reduction in overall levels of pollution
beyond what is required by applicable law, consistent with the
purposes of this chapter; or
(2) reduces the administrative burden on state or local
agencies or the permittee, provided that alternative monitoring,
testing, notification, recordkeeping, or reporting requirements
will provide the information needed by the state or local agency
to ensure compliance.
Subd. 4. [PROCEDURE.] (a) The pollution control agency
must provide at least 30 days for public comment on the agency's
proposed issuance, amendment, or revocation of a Minnesota XL
permit. Before the start of the public comment period, the
commissioner of the pollution control agency must prepare a
draft permit, permit amendment, or notice of permit revocation
and a fact sheet that:
(1) briefly describes the principal facts and the
significant factual, legal, methodological, and policy questions
considered by the commissioner and the commissioner's proposed
determination;
(2) briefly describes how the permit action proposed by the
commissioner meets the criteria of section 114C.11 and furthers
the policy of section 114C.01; and
(3) identifies any rules that would be varied by the
commissioner's proposed permit action.
(b) The commissioner shall prepare a public notice of the
proposed permit action that:
(1) briefly describes the facility or activity that is the
subject of the proposed permit action;
(2) states the commissioner's proposed permit action and
whether it includes a variance of any state rules or local
ordinances or local regulations;
(3) identifies an agency person to contact for additional
information;
(4) states that the draft permit, permit amendment, or
notice of revocation and the fact sheet are available upon
request;
(5) states that comments may be submitted to the agency by
the public during the comment period; and
(6) describes the procedures that the agency will use to
make a final decision, including how persons may request public
informational meetings, contested case hearings, and appearances
at public meetings of the agency. The agency or the
commissioner may order a public informational meeting if the
comments received during the comment period demonstrate
considerable public interest in the proposed permit action.
(c) The commissioner shall mail the public notice to the
applicant, all persons who have registered with the agency to
receive notice of permit actions, and to any interested person
upon request. The commissioner shall make a copy of the public
notice available at the agency's main office and the applicable
regional office. The commissioner shall circulate the public
notice in the geographic area of the facility or activity
subject to the proposed permit action, either by posting in
public buildings, by publication in local newspapers or
periodicals, by publication in the State Register, or by an
alternate method deemed by the commissioner to be more effective
such as an electronic bulletin board or mail service.
(d) The commissioner shall have the discretion to issue,
amend, or revoke a Minnesota XL permit if:
(1) the commissioner has included in the public notice
information notifying persons of their right to request that the
decision to issue, amend, or revoke the Minnesota XL permit be
presented to the agency; and
(2) neither the permit applicant, a member of the
stakeholders group, or any person commenting on the proposed
issuance, amendment, or revocation of the Minnesota XL permit
has requested, during the comment period, that the decision be
made by the agency or requested a contested case hearing.
If the conditions in clauses (1) and (2) have not been met,
or if, prior to the commissioner's decision, one or more members
of the agency request that the decision to issue, amend, or
revoke the Minnesota XL permit be made by the agency, then the
agency shall have the sole authority to make that decision.
Subd. 5. [PERMIT REVOCATION.] (a) The pollution control
agency may revoke a Minnesota XL permit if requested by the
permittee or if the agency finds that:
(1) the permittee is in significant noncompliance with the
Minnesota XL permit or with applicable law;
(2) the permittee is not able, or has shown a lack of
willingness, to comply with future pollution reduction deadlines
in the Minnesota XL permit;
(3) the permitted facility or activity endangers human
health or the environment and the danger cannot be removed by an
amendment to the Minnesota XL permit; or
(4) after proper notification and a reasonable amount of
time has passed, the permittee has not satisfactorily addressed
a substantive issue raised by a majority of members of the
stakeholders group.
(b) If the agency revokes a Minnesota XL permit, it shall
in its revocation order:
(1) delay any compliance deadlines that had been varied by
the Minnesota XL permit if the agency finds it necessary to
provide the permittee a reasonable amount of time to obtain
alternative permits under chapters other than this chapter and
under local ordinances and regulations, and to achieve
compliance; and
(2) establish practical interim requirements to replace the
requirements of the Minnesota XL permit that the agency finds
the permittee will not be able to comply with between the time
of permit revocation and issuance of the alternative permits,
provided that such interim requirements shall not allow
pollution from the facility in excess of that allowed by
applicable law at the time the permit was issued.
(c) The permittee shall comply with the agency's order and
with all requirements of the Minnesota XL permit for which
alternative interim requirements have not been established in
the agency's order, until the applicable alternative permits
have been issued.
Sec. 6. [114C.13] [FEES.]
Minnesota XL permittees shall continue to be subject to the
same fee structures they would have been subject to if they had
obtained the permits that the Minnesota XL permit replaces.
Sec. 7. [114C.14] [ENFORCEMENT AND JUDICIAL REVIEW.]
Subdivision 1. [ENFORCEMENT.] A Minnesota XL permit may be
enforced in any manner provided by law for the enforcement of
permits issued under chapter 115 or 116, except for requirements
of other state or local agencies that are included in the permit
and except that the defense in section 609.671, subdivision 14,
also applies to any misdemeanor action taken under section
115.071, subdivision 2, paragraph (a). Requirements of other
state or local agencies may be enforced using whatever
authorities would be available if the requirements had been
included in permits, licenses, or other approvals issued
directly by the other agencies. The other agencies shall
consult with the commissioner of the pollution control agency
prior to taking any action enforcing a Minnesota XL permit.
Subd. 2. [JUDICIAL REVIEW.] Any person aggrieved by a
final decision of the pollution control agency to issue, amend,
or revoke a Minnesota XL permit may obtain judicial review
pursuant to sections 14.63 to 14.69.
VARIANCES
Sec. 8. [114C.15] [VARIANCES THAT PROMOTE POLLUTION
REDUCTIONS OR REDUCE UNNECESSARY ADMINISTRATIVE BURDEN.]
In addition to the grounds for granting a variance set
forth in section 116.07, subdivision 5, the pollution control
agency may grant variances from its rules in order to:
(1) promote reduction in overall levels of pollution beyond
what is required by applicable law, consistent with the purposes
of this chapter; or
(2) reduce the administrative burden on the agency or the
permittee, provided that alternative monitoring, testing,
notification, recordkeeping, or reporting requirements will
provide the information needed by the agency to ensure
compliance.
Sec. 9. Minnesota Statutes 1994, section 115.03,
subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] The agency is hereby given and
charged with the following powers and duties:
(a) To administer and enforce all laws relating to the
pollution of any of the waters of the state;
(b) To investigate the extent, character, and effect of the
pollution of the waters of this state and to gather data and
information necessary or desirable in the administration or
enforcement of pollution laws, and to make such classification
of the waters of the state as it may deem advisable;
(c) To establish and alter such reasonable pollution
standards for any waters of the state in relation to the public
use to which they are or may be put as it shall deem necessary
for the purposes of this chapter and, with respect to the
pollution of waters of the state, chapter 116;
(d) To encourage waste treatment, including advanced waste
treatment, instead of stream low-flow augmentation for dilution
purposes to control and prevent pollution;
(e) To adopt, issue, reissue, modify, deny, or revoke,
enter into or enforce reasonable orders, permits, variances,
standards, rules, schedules of compliance, and stipulation
agreements, under such conditions as it may prescribe, in order
to prevent, control or abate water pollution, or for the
installation or operation of disposal systems or parts thereof,
or for other equipment and facilities;
(1) Requiring the discontinuance of the discharge of
sewage, industrial waste or other wastes into any waters of the
state resulting in pollution in excess of the applicable
pollution standard established under this chapter;
(2) Prohibiting or directing the abatement of any discharge
of sewage, industrial waste, or other wastes, into any waters of
the state or the deposit thereof or the discharge into any
municipal disposal system where the same is likely to get into
any waters of the state in violation of this chapter and, with
respect to the pollution of waters of the state, chapter 116, or
standards or rules promulgated or permits issued pursuant
thereto, and specifying the schedule of compliance within which
such prohibition or abatement must be accomplished;
(3) Prohibiting the storage of any liquid or solid
substance or other pollutant in a manner which does not
reasonably assure proper retention against entry into any waters
of the state that would be likely to pollute any waters of the
state;
(4) Requiring the construction, installation, maintenance,
and operation by any person of any disposal system or any part
thereof, or other equipment and facilities, or the
reconstruction, alteration, or enlargement of its existing
disposal system or any part thereof, or the adoption of other
remedial measures to prevent, control or abate any discharge or
deposit of sewage, industrial waste or other wastes by any
person;
(5) Establishing, and from time to time revising, standards
of performance for new sources taking into consideration, among
other things, classes, types, sizes, and categories of sources,
processes, pollution control technology, cost of achieving such
effluent reduction, and any nonwater quality environmental
impact and energy requirements. Said standards of performance
for new sources shall encompass those standards for the control
of the discharge of pollutants which reflect the greatest degree
of effluent reduction which the agency determines to be
achievable through application of the best available
demonstrated control technology, processes, operating methods,
or other alternatives, including, where practicable, a standard
permitting no discharge of pollutants. New sources shall
encompass buildings, structures, facilities, or installations
from which there is or may be the discharge of pollutants, the
construction of which is commenced after the publication by the
agency of proposed rules prescribing a standard of performance
which will be applicable to such source. Notwithstanding any
other provision of the law of this state, any point source the
construction of which is commenced after May 20, 1973, and which
is so constructed as to meet all applicable standards of
performance for new sources shall, consistent with and subject
to the provisions of section 306(d) of the Amendments of 1972 to
the Federal Water Pollution Control Act, not be subject to any
more stringent standard of performance for new sources during a
ten-year period beginning on the date of completion of such
construction or during the period of depreciation or
amortization of such facility for the purposes of section 167 or
169, or both, of the Federal Internal Revenue Code of 1954,
whichever period ends first. Construction shall encompass any
placement, assembly, or installation of facilities or equipment,
including contractual obligations to purchase such facilities or
equipment, at the premises where such equipment will be used,
including preparation work at such premises;
(6) Establishing and revising pretreatment standards to
prevent or abate the discharge of any pollutant into any
publicly owned disposal system, which pollutant interferes with,
passes through, or otherwise is incompatible with such disposal
system;
(7) Requiring the owner or operator of any disposal system
or any point source to establish and maintain such records, make
such reports, install, use, and maintain such monitoring
equipment or methods, including where appropriate biological
monitoring methods, sample such effluents in accordance with
such methods, at such locations, at such intervals, and in such
a manner as the agency shall prescribe, and providing such other
information as the agency may reasonably require;
(8) Notwithstanding any other provision of this chapter,
and with respect to the pollution of waters of the state,
chapter 116, requiring the achievement of more stringent
limitations than otherwise imposed by effluent limitations in
order to meet any applicable water quality standard by
establishing new effluent limitations, based upon section
115.01, subdivision 13, clause (b), including alternative
effluent control strategies for any point source or group of
point sources to insure the integrity of water quality
classifications, whenever the agency determines that discharges
of pollutants from such point source or sources, with the
application of effluent limitations required to comply with any
standard of best available technology, would interfere with the
attainment or maintenance of the water quality classification in
a specific portion of the waters of the state. Prior to
establishment of any such effluent limitation, the agency shall
hold a public hearing to determine the relationship of the
economic and social costs of achieving such limitation or
limitations, including any economic or social dislocation in the
affected community or communities, to the social and economic
benefits to be obtained and to determine whether or not such
effluent limitation can be implemented with available technology
or other alternative control strategies. If a person affected
by such limitation demonstrates at such hearing that, whether or
not such technology or other alternative control strategies are
available, there is no reasonable relationship between the
economic and social costs and the benefits to be obtained, such
limitation shall not become effective and shall be adjusted as
it applies to such person;
(9) Modifying, in its discretion, any requirement or
limitation based upon best available technology with respect to
any point source for which a permit application is filed after
July 1, 1977, upon a showing by the owner or operator of such
point source satisfactory to the agency that such modified
requirements will represent the maximum use of technology within
the economic capability of the owner or operator and will result
in reasonable further progress toward the elimination of the
discharge of pollutants; and
(10) Requiring that applicants for wastewater discharge
permits evaluate in their applications the potential reuses of
the discharged wastewater;
(f) To require to be submitted and to approve plans and
specifications for disposal systems or point sources, or any
part thereof and to inspect the construction thereof for
compliance with the approved plans and specifications thereof;
(g) To prescribe and alter rules, not inconsistent with
law, for the conduct of the agency and other matters within the
scope of the powers granted to and imposed upon it by this
chapter and, with respect to pollution of waters of the state,
in chapter 116, provided that every rule affecting any other
department or agency of the state or any person other than a
member or employee of the agency shall be filed with the
secretary of state;
(h) To conduct such investigations, issue such notices,
public and otherwise, and hold such hearings as are necessary or
which it may deem advisable for the discharge of its duties
under this chapter and, with respect to the pollution of waters
of the state, under chapter 116, including, but not limited to,
the issuance of permits, and to authorize any member, employee,
or agent appointed by it to conduct such investigations or,
issue such notices and hold such hearings;
(i) For the purpose of water pollution control planning by
the state and pursuant to the Federal Water Pollution Control
Act, as amended, to establish and revise planning areas, adopt
plans and programs and continuing planning processes, including,
but not limited to, basin plans and areawide waste treatment
management plans, and to provide for the implementation of any
such plans by means of, including, but not limited to,
standards, plan elements, procedures for revision,
intergovernmental cooperation, residual treatment process waste
controls, and needs inventory and ranking for construction of
disposal systems;
(j) To train water pollution control personnel, and charge
such fees therefor as are necessary to cover the agency's
costs. All such fees received shall be paid into the state
treasury and credited to the pollution control agency training
account;
(k) To impose as additional conditions in permits to
publicly owned disposal systems appropriate measures to insure
compliance by industrial and other users with any pretreatment
standard, including, but not limited to, those related to toxic
pollutants, and any system of user charges ratably as is hereby
required under state law or said Federal Water Pollution Control
Act, as amended, or any regulations or guidelines promulgated
thereunder;
(l) To set a period not to exceed five years for the
duration of any National Pollutant Discharge Elimination System
permit;
(m) To require each governmental subdivision identified as
a permittee for a wastewater treatment works to annually
evaluate the condition of its existing system and identify
future capital improvements that will be needed to attain or
maintain compliance with a national pollutant discharge
elimination system or state disposal system permit; and
(n) To train individual sewage treatment system personnel,
including persons who design, construct, install, inspect,
service, and operate individual sewage treatment systems, and
charge fees as necessary to pay the agency's costs. All fees
received must be paid into the state treasury and credited to
the agency's training account. Money in the account is
appropriated to the agency to pay expenses related to training.
The information required in clause (m) must be submitted
annually to the commissioner on a form provided by the
commissioner. The commissioner shall provide technical
assistance if requested by the governmental subdivision.
The powers and duties given the agency in this subdivision
also apply to permits issued under chapter 114C.
Sec. 10. Minnesota Statutes 1994, section 115.03,
subdivision 2, is amended to read:
Subd. 2. [HEARING OR INVESTIGATION.] In any hearing or
investigation conducted pursuant to this chapter and chapters
114C, 116, and 116F, any employee or agent thereto authorized by
the agency, may administer oaths, examine witnesses and issue,
in the name of the agency, subpoenas requiring the attendance
and testimony of witnesses and the production of evidence
relevant to any matter involved in any such hearing or
investigation. Witnesses shall receive the same fees and
mileage as in civil actions.
Sec. 11. Minnesota Statutes 1994, section 115.04, is
amended to read:
115.04 [DISPOSAL SYSTEMS AND POINT SOURCES.]
Subdivision 1. [INFORMATION.] Any person operating or
installing a disposal system or other point source, or portion
thereof, when requested by the agency, or any member, employee
or agent thereof, when authorized by it, shall furnish to it any
information which that person may have or which is relevant to
the subject of this chapter, chapter 114C, and, with respect to
the pollution of waters of the state, of chapter 116.
Subd. 2. [EXAMINATION OF RECORDS.] The agency or any
member, employee or agent thereof, when authorized by it, upon
presentation of credentials, may examine and copy any books,
papers, records or memoranda pertaining to the installation,
maintenance, or operation or discharge, including, but not
limited to, monitoring data, of disposal systems or other point
sources, in accordance with the purposes of this chapter,
chapter 114C, and, with respect to the pollution of waters of
the state, chapter 116.
Subd. 3. [ACCESS TO PREMISES.] Whenever it shall be
necessary for the purposes of this chapter, chapter 114C, and,
with respect to pollution of waters of the state, chapter 116,
the agency or any member, employee, or agent thereof, when
authorized by it, upon presentation of credentials, may enter
upon any property, public or private, for the purpose of
obtaining information or examination of records or conducting
surveys or investigations.
Sec. 12. Minnesota Statutes 1994, section 115.071,
subdivision 1, is amended to read:
Subdivision 1. [REMEDIES AVAILABLE.] The provisions of
sections 103F.701 to 103F.761, this chapter and chapters 114C,
115A, and 116, and sections 325E.10 to 325E.1251 and 325E.32 and
all rules, standards, orders, stipulation agreements, schedules
of compliance, and permits adopted or issued by the agency
thereunder or under any other law now in force or hereafter
enacted for the prevention, control, or abatement of pollution
may be enforced by any one or any combination of the following:
criminal prosecution; action to recover civil penalties;
injunction; action to compel performance; or other appropriate
action, in accordance with the provisions of said chapters and
this section.
Sec. 13. Minnesota Statutes 1994, section 115.071,
subdivision 2, is amended to read:
Subd. 2. [CRIMINAL PENALTIES.] (a) [VIOLATIONS OF LAWS;
ORDERS; PERMITS.] Except as provided in section 609.671, any
person who willfully or negligently violates any provision of
this chapter or chapter 114C or 116, or any standard, rule,
variance, order, stipulation agreement, schedule of compliance
or permit issued or adopted by the agency thereunder shall upon
conviction be guilty of a misdemeanor.
(b) [DUTY OF LAW ENFORCEMENT OFFICIALS.] It shall be the
duty of all county attorneys, sheriffs and other peace officers,
and other officers having authority in the enforcement of the
general criminal laws to take all action to the extent of their
authority, respectively, that may be necessary or proper for the
enforcement of said provisions, rules, standards, orders,
stipulation agreements, variances, schedule of compliance, or
permits.
Sec. 14. Minnesota Statutes 1994, section 115.071,
subdivision 3, is amended to read:
Subd. 3. [CIVIL PENALTIES.] Any person who violates any
provision of this chapter or chapter 114C or 116, except any
provisions of chapter 116 relating to air and land pollution
caused by agricultural operations which do not involve National
Pollutant Discharge Elimination System permits, or of (1) any
effluent standards and limitations or water quality standards,
(2) any permit or term or condition thereof, (3) any National
Pollutant Discharge Elimination System filing requirements, (4)
any duty to permit or carry out inspection, entry or monitoring
activities, or (5) any rules, stipulation agreements, variances,
schedules of compliance, or orders issued by the agency, shall
forfeit and pay to the state a penalty, in an amount to be
determined by the court, of not more than $10,000 per day of
violation except that if the violation relates to hazardous
waste the person shall forfeit and pay to the state a penalty,
in an amount to be determined by the court, of not more than
$25,000 per day of violation.
In addition, in the discretion of the court, the defendant
may be required to:
(a) forfeit and pay to the state a sum which will
adequately compensate the state for the reasonable value of
cleanup and other expenses directly resulting from unauthorized
discharge of pollutants, whether or not accidental;
(b) forfeit and pay to the state an additional sum to
constitute just compensation for any loss or destruction to
wildlife, fish or other aquatic life and for other actual
damages to the state caused by an unauthorized discharge of
pollutants.
As a defense to any of said damages, the defendant may
prove that the violation was caused solely by (1) an act of God,
(2) an act of war, (3) negligence on the part of the state of
Minnesota, or (4) an act or failure to act which constitutes
sabotage or vandalism, or any combination of the foregoing
clauses.
The civil penalties and damages provided for in this
subdivision may be recovered by a civil action brought by the
attorney general in the name of the state.
Sec. 15. Minnesota Statutes 1994, section 115.071,
subdivision 4, is amended to read:
Subd. 4. [INJUNCTIONS.] Any violation of the provisions,
rules, standards, orders, stipulation agreements, variances,
schedules of compliance, or permits specified in this chapter
and chapter chapters 114C and 116 shall constitute a public
nuisance and may be enjoined as provided by law in an action, in
the name of the state, brought by the attorney general.
Sec. 16. Minnesota Statutes 1994, section 115.071,
subdivision 5, is amended to read:
Subd. 5. [ACTIONS TO COMPEL PERFORMANCE.] In any action to
compel performance of an order of the agency for any purposes
relating to the prevention, control or abatement of pollution
under this chapter and chapter chapters 114C and 116, the court
may require any defendant adjudged responsible to do and perform
any and all acts and things within the defendant's power which
are reasonably necessary to accomplish the purposes of the order.
In case a municipality or its governing or managing body or any
of its officers is a defendant, the court may require it to
exercise its powers, without regard to any limitation of any
requirement for an election or referendum imposed thereon by law
and without restricting the powers of the agency to do any or
all of the following, without limiting the generality hereof:
to levy taxes, levy special assessments, prescribe service or
use charges, borrow money, issue bonds, employ assistance,
acquire real or personal property, let contracts or otherwise
provide for the doing of work or the construction, installation,
maintenance, or operation of facilities, and do all other acts
and things reasonably necessary to accomplish the purposes of
the order, but the court shall grant the municipality the
opportunity to determine the appropriate financial alternatives
to be utilized in complying with the court imposed requirements.
Sec. 17. Minnesota Statutes 1994, 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 chapters 114C and 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.
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 115.073.
Sec. 18. Minnesota Statutes 1994, section 115.075, is
amended to read:
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 114C, 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 114C, 115A, or 116.
Sec. 19. Minnesota Statutes 1994, section 115.076,
subdivision 1, is amended to read:
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 this chapter and chapter chapters 114C and 116,
or if other circumstances exist that demonstrate that the permit
applicant may not operate the facility in conformance with the
requirements of this chapter and chapter chapters 114C 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 this chapter
and chapter chapters 114C 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 this chapter and chapter chapters 114C and 116.
Sec. 20. Minnesota Statutes 1994, section 116.07,
subdivision 9, is amended to read:
Subd. 9. [ORDERS; INVESTIGATIONS.] The agency shall have
the following powers and duties for the enforcement of any
provision of this chapter and chapter 114C, relating to air
contamination or waste:
(a) to adopt, issue, reissue, modify, deny, revoke, enter
into or enforce reasonable orders, schedules of compliance and
stipulation agreements;
(b) to require the owner or operator of any emission
facility, air contaminant treatment facility, potential air
contaminant storage facility, or any system or facility related
to the storage, collection, transportation, processing, or
disposal of waste to establish and maintain records; to make
reports; to install, use, and maintain monitoring equipment or
methods; and to make tests, including testing for odor where a
nuisance may exist, in accordance with methods, at locations, at
intervals, and in a manner as the agency shall prescribe; and to
provide other information as the agency may reasonably require;
(c) to conduct investigations, issue notices, public and
otherwise, and order hearings as it may deem necessary or
advisable for the discharge of its duties under this chapter and
chapter 114C, including but not limited to the issuance of
permits; and to authorize any member, employee, or agent
appointed by it to conduct the investigations and issue the
notices.
Sec. 21. Minnesota Statutes 1995 Supplement, section
116.072, subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY TO ISSUE PENALTY ORDERS.] (a)
The commissioner may issue an order requiring violations to be
corrected and administratively assessing monetary penalties for
violations of this chapter and chapters 114C, 115, 115A, 115D,
and 115E, 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.
(b) A county board may adopt an ordinance containing
procedures for the issuance of administrative penalty orders and
may issue orders beginning August 1, 1996. Before adopting
ordinances, counties shall work cooperatively with the agency to
develop an implementation plan for the orders that substantially
conforms to a model ordinance developed by the counties and the
agency. After adopting the ordinance, the county board may
issue orders requiring violations to be corrected and
administratively assessing monetary penalties for violations of
county ordinances adopted under section 400.16, 400.161, or
473.811 or chapter 115A that regulate solid and hazardous waste
and any standards, limitations, or conditions established in a
county license issued pursuant to these ordinances. For
violations of ordinances relating to hazardous waste, a county's
penalty authority is described in subdivisions 2 to 5. For
violations of ordinances relating to solid waste, a county's
penalty authority is described in subdivision 5a. Subdivisions
6 to 11 apply to violations of ordinances relating to both solid
and hazardous waste.
(c) Monetary penalties collected by a county must be used
to manage solid and hazardous waste. A county board's authority
is limited to violations described in paragraph (b). Its
authority to issue orders under this section expires August 1,
1999.
Sec. 22. Minnesota Statutes 1994, section 116.091,
subdivision 1, is amended to read:
Subdivision 1. [INFORMATION.] Any person operating any
emission system or facility specified in chapter 114C or section
116.081, subdivision 1, when requested by the pollution control
agency, shall furnish to it any information which that person
may have which is relevant to pollution or the rules or
provisions of this chapter.
Sec. 23. Minnesota Statutes 1994, section 116.091,
subdivision 3, is amended to read:
Subd. 3. [ACCESS TO PREMISES.] Whenever the agency deems
it necessary for the purposes of this chapter or chapter 114C,
the agency or any member, employee, or agent thereof, when
authorized by it, may enter upon any property, public or
private, for the purpose of obtaining information or conducting
surveys or investigations.
Sec. 24. [INSTRUCTION TO REVISOR.]
The revisor of statutes shall codify the environmental
improvement pilot program, Laws 1995, chapter 168, sections 8 to
20, as Minnesota Statutes, sections 114C.20 to 114C.33.
Sec. 25. [EFFECTIVE DATE.]
Sections 1 to 23 are effective the day following final
enactment.
Presented to the governor April 1, 1996
Signed by the governor April 3, 1996, 3:10 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes