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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 370-H.F.No. 3576 
                  An act relating to the environment; modifying 
                  reporting requirements for solid waste and wastewater 
                  treatment facilities; extending exemption period for 
                  certain toxics in packaging; modifying exemptions from 
                  toxics in packaging provisions; requiring a report on 
                  a recommendation for changing the name of the 
                  pollution control agency; amending Minnesota Statutes 
                  1998, sections 115.03, subdivision 1; 115A.965, 
                  subdivision 3; and 115A.9651, subdivision 6; repealing 
                  Minnesota Statutes 1998, sections 115A.981; and 
                  297H.13, subdivision 6. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, 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 in every odd-numbered year 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 in every odd-numbered year 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. 2.  Minnesota Statutes 1998, section 115A.965, 
        subdivision 3, is amended to read: 
           Subd. 3.  [EXEMPTIONS.] (a) Until January 1, 2000 2010, the 
        following packaging is exempt from the requirements of 
        subdivisions 1 and 2: 
           (1) packaging that would not exceed the total toxics 
        concentration levels under subdivision 2 but for the addition in 
        the packaging of materials that have fulfilled their intended 
        use and have been discarded by consumers; and 
           (2) packages that are reused but exceed the total toxics 
        concentration levels in subdivision 2, provided that:  
           (i) the product being conveyed by the package is regulated 
        under federal or state health or safety requirements; 
           (ii) transportation of the packaged product is regulated 
        under federal or state transportation requirements; and 
           (iii) disposal of the package is performed according to 
        federal or state radioactive or hazardous waste disposal 
        requirements. 
           (b) Until January 1, 2000 2010, packages that have a 
        controlled distribution and reuse, but exceed the total toxics 
        concentration levels in subdivision 2 and do not meet the 
        requirements of paragraph (a), may be exempted from subdivisions 
        1 and 2 if the manufacturers or distributors of the packages 
        petition for and receive approval from the commissioner.  In 
        granting approval, the commissioner shall base the decision on 
        satisfactory demonstrations that the environmental benefit of 
        the controlled distribution and reuse is significantly greater 
        compared to the same package manufactured in compliance with the 
        total toxics concentration levels in subdivision 2, and on plans 
        proposed by the manufacturer that include each of the following 
        elements: 
           (1) a means of identifying the packaging in a permanent and 
        visible manner; 
           (2) a method of regulatory and financial accountability so 
        that a specified percentage of the packaging manufactured and 
        distributed to other persons is not discarded by those persons 
        after use but are returned to the manufacturer or the 
        manufacturer's designee; 
           (3) a system of inventory and record maintenance to account 
        for the packaging placed in, and removed from, service; 
           (4) a means of transforming packaging that is no longer 
        reusable into recycled materials for manufacturing or into 
        manufacturing wastes which are subject to existing federal or 
        state laws or regulations governing such manufacturing wastes 
        that ensure that these wastes do not enter the industrial or 
        mixed municipal solid waste stream; and 
           (5) a system of annually reporting to the commissioner 
        changes to the system and changes in designees. 
           (c) Packaging to which lead, cadmium, mercury, or 
        hexavalent chromium has been intentionally introduced in the 
        manufacturing process may be exempted from the requirements of 
        subdivisions 1 and 2 by the commissioner of the pollution 
        control agency if: 
           (1) the use of the toxic element in the packaging is 
        required by federal or state health or safety laws; or 
           (2) there is no feasible alternative for the packaging 
        because the toxic element used is essential to the protection, 
        safe handling, or function of the contents of the package.  
           The commissioner may grant an exemption under this 
        paragraph for a period not to exceed two years upon application 
        by the packaging manufacturer that includes documentation 
        showing that the criteria for an exemption are met.  Exemptions 
        granted by the commissioner may be renewed upon reapplication 
        every two years. 
           Sec. 3.  Minnesota Statutes 1998, section 115A.9651, 
        subdivision 6, is amended to read: 
           Subd. 6.  [PRODUCT REVIEW REPORTS.] (a) Except as provided 
        under subdivision 7, the manufacturer, or an association of 
        manufacturers, of any specified product distributed for sale or 
        use in this state that is not listed pursuant to subdivision 4 
        shall submit a product review report and fee as provided in 
        paragraph (c) to the commissioner for each product by July 1, 
        1998.  Each product review report shall contain at least the 
        following: 
           (1) a policy statement articulating upper management 
        support for eliminating or reducing intentional introduction of 
        listed metals into its products; 
           (2) a description of the product and the amount of each 
        listed metal distributed for use in this state; 
           (3) a description of past and ongoing efforts to eliminate 
        or reduce the listed metal in the product; 
           (4) an assessment of options available to reduce or 
        eliminate the intentional introduction of the listed metal 
        including any alternatives to the specified product that do not 
        contain the listed metal, perform the same technical function, 
        are commercially available, and are economically practicable; 
           (5) a statement of objectives in numerical terms and a 
        schedule for achieving the elimination of the listed metals and 
        an environmental assessment of alternative products; 
           (6) a listing of options considered not to be technically 
        or economically practicable; and 
           (7) certification attesting to the accuracy of the 
        information in the report signed and dated by an official of the 
        manufacturer or user. 
        If the manufacturer fails to submit a product review report, a 
        user of a specified product may submit a report and fee which 
        comply with this subdivision by August 15, 1998. 
           (b) By July 1, 1999, and annually thereafter until the 
        commissioner takes action under subdivision 9, the manufacturer 
        or user must submit a progress report and fee as provided in 
        paragraph (c) updating the information presented under paragraph 
        (a). 
           (c) The fee shall be $295 for each report.  The fee shall 
        be deposited in the state treasury and credited to the 
        environmental fund. 
           (d) Where it cannot be determined from a progress report 
        submitted by a person pursuant to Laws 1994, chapter 585, 
        section 30, subdivision 2, paragraph (e), the number of products 
        for which product review reports are due under this subdivision, 
        the commissioner shall have the authority to determine, after 
        consultation with that person, the number of products for which 
        product review reports are required. 
           (e) The commissioner shall summarize, aggregate, and 
        publish data reported under paragraphs (a) and (b) annually. 
           (f) A product that is the subject of a decision under 
        section 115A.965 recommendation by the Toxics in Packaging 
        Clearinghouse, as administered by the council of state 
        governments, is exempt from this section. 
           Sec. 4.  [REPORT; AGENCY NAME.] 
           By September 1, 2000, the pollution control agency shall 
        report to the legislative committees with jurisdiction over 
        environmental policy and budget issues on a recommendation for a 
        change to the name of the agency, the options considered, and 
        the process used to develop the recommendation. 
           Sec. 5.  [REPEALER.] 
           Minnesota Statutes 1998, sections 115A.981; and 297H.13, 
        subdivision 6, are repealed. 
           Sec. 6.  [EFFECTIVE DATE.] 
           Section 2 is effective the day following final enactment. 
           Presented to the governor April 10, 2000 
           Signed by the governor April 13, 2000, 4:44 p.m.