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Minnesota Legislature

Office of the Revisor of Statutes

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

                            CHAPTER 187-H.F.No. 2028 
                  An act relating to the environment; modifying 
                  provisions relating to environmental audits; changing 
                  the reporting date for the pollution control agency's 
                  annual performance report; amending Minnesota Statutes 
                  2000, sections 114C.21, subdivision 8; 114C.24, 
                  subdivision 3; and 116.011. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 114C.21, 
        subdivision 8, is amended to read: 
           Subd. 8.  [MAJOR FACILITY.] "Major facility" means an 
        industrial or municipal wastewater discharge major facility as 
        defined in rules of the agency; a feedlot that is permitted for 
        1,000 or more animal units; a large quantity hazardous waste 
        generator as defined in rules of the agency; a hazardous waste 
        treatment, storage, or disposal facility that is required to 
        have a permit under the federal Resource Conservation and 
        Recovery Act, United States Code, title 42, section 6925; or a 
        major stationary air emission source as defined in rules of the 
        agency; an air emission source that emits 50 or more tons per 
        year of any air pollutant regulated under rules of the agency; 
        or an air emission source that emits 75 tons or more per year of 
        all air pollutants regulated under rules of the agency Minnesota 
        Rules, parts 7007.0100, subpart 13, and 7007.0200, subpart 2. 
           Sec. 2.  Minnesota Statutes 2000, section 114C.24, 
        subdivision 3, is amended to read: 
           Subd. 3.  [EXCEPTIONS.] Notwithstanding subdivisions 1 and 
        2, the state may at any time bring: 
           (1) a criminal enforcement action against any person who 
        commits a violation under section 609.671; 
           (2) a civil or administrative enforcement action, which may 
        include a penalty, under section 115.071 or 116.072, against the 
        owner or operator of a facility if: 
           (i) less than three years have elapsed since the owner or 
        operator was notified about a violation that resulted in the 
        imposition of a monetary penalty, or less than one year has 
        elapsed since the final resolution of an enforcement action that 
        did not result in the imposition of a monetary penalty the owner 
        or operator discloses a violation in the audit report required 
        under section 114C.22, which (A) was part of an enforcement 
        action initiated in the previous three years involving the 
        imposition of a monetary penalty, or (B) occurred within one 
        year after resolution of an enforcement action which did not 
        include the imposition of a monetary penalty; 
           (ii) the owner or operator discloses a violation in the 
        audit report required under section 114C.22 which was also 
        disclosed in a previous audit report submitted within the last 
        year; 
           (iii) a violation caused serious harm to, or presents an 
        imminent and substantial endangerment to, human health or the 
        environment; 
           (iii) (iv) a violation is of the specific terms of an 
        administrative order, a judicial order or consent decree, a 
        stipulation agreement, or a schedule of compliance; 
           (iv) (v) a violation has resulted in a substantial economic 
        benefit which gives the violator a clear advantage over its 
        business competitors; or 
           (v) (vi) a violation is identified through a legally 
        mandated monitoring or sampling requirement prescribed by 
        statute, regulation, permit, judicial or administrative order, 
        or consent agreement; or 
           (3) an enforcement action against the owner or operator of 
        a facility to enjoin an imminent and substantial danger under 
        section 116.11. 
           Sec. 3.  Minnesota Statutes 2000, section 116.011, is 
        amended to read: 
           116.011 [ANNUAL POLLUTION REPORT.] 
           A goal of the pollution control agency is to reduce the 
        amount of pollution that is emitted in the state.  By April 1 of 
        each year, the pollution control agency shall include in its 
        annual performance report information detailing the best 
        estimate of the agency of the total volume of water and air 
        pollution that was emitted in the state in the previous calendar 
        year for which data are available.  The agency shall report its 
        findings for both water and air pollution: 
           (1) in gross amounts, including the percentage increase or 
        decrease over the previous calendar year; and 
           (2) in a manner which will demonstrate the magnitude of the 
        various sources of water and air pollution. 
           Presented to the governor May 23, 2001 
           Signed by the governor May 25, 2001, 12:00 p.m.