Minnesota Session Laws - 2004, Regular Session

                            CHAPTER 169-S.F.No. 2299 
                  An act relating to the environment; providing for 
                  enforcement for certain aboveground petroleum storage 
                  tanks; modifying field citations procedures for 
                  petroleum storage tanks; amending Minnesota Statutes 
                  2002, section 115.071, subdivision 7; Minnesota 
                  Statutes 2003 Supplement, section 116.073, 
                  subdivisions 1, 2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 115.071, 
        subdivision 7, is amended to read: 
           Subd. 7.  [UNDERGROUND AND ABOVEGROUND STORAGE TANKS; RED 
        TAGS.] (a) The commissioner may issue a red tag for failure to 
        have the regulated underground tank system or aboveground tank 
        facility at a bulk plant, as defined in section 115C.09, 
        subdivision 3h, paragraph (a), protected from corrosion, failure 
        to have spill and overfill protection, or failure to have a leak 
        detection method in place.  A red tag may also be issued for 
        underground storage tank system or aboveground tank facility at 
        a bulk plant violations if an enforcement action, including, but 
        not limited to, a citation as defined in section 116.073, 
        subdivision 1, has been issued and the violations are not 
        corrected.  Upon discovery of a violation at a facility with an 
        underground storage tank system or aboveground tank facility at 
        a bulk plant, the commissioner shall affix a red tag, in plain 
        view, to the fill pipe cap of the tank system that provides 
        notice that delivery of petroleum products to the tank system is 
        prohibited.  When the red tag is issued, agency staff must 
        determine the product level in the tank. 
           (b) No owner or operator of a facility having an 
        underground storage tank system or aboveground tank facility at 
        a bulk plant shall fill or allow the filling of a tank with a 
        petroleum product while a red tag is affixed to the fill pipe 
        cap of the tank system. 
           (c) A person shall not remove, deface, alter, or otherwise 
        tamper with a red tag so that the information contained on the 
        tag is not legible. 
           (d) A red tag may not be removed until the commissioner has 
        inspected the underground storage tank system or aboveground 
        tank facility at a bulk plant and established that it is no 
        longer in violation.  After making that determination, the 
        commissioner shall remove the red tag within 24 hours or as soon 
        as reasonably possible.  Upon agreement by the commissioner, the 
        red tag may also be removed by an agency-certified installer who 
        provides documentation to the commissioner that the violation 
        for which the system was red-tagged has been corrected. 
           (e) The issuance of a red tag may be appealed under section 
        116.072, subdivision 6, paragraphs (a) to (e), except that the 
        person subject to the order must request a hearing within 15 
        days after issuance of a red tag and, if a hearing is not 
        requested within the 15-day period, the red tag becomes a final 
        order not subject to further review. 
           Sec. 2.  Minnesota Statutes 2003 Supplement, section 
        116.073, subdivision 1, is amended to read: 
           Subdivision 1.  [AUTHORITY TO ISSUE.] (a) Pollution Control 
        Agency staff designated by the commissioner and Department of 
        Natural Resources conservation officers may issue citations to a 
        person who: 
           (1) disposes of solid waste as defined in section 116.06, 
        subdivision 22, at a location not authorized by law for the 
        disposal of solid waste without permission of the owner of the 
        property; 
           (2) fails to report or recover discharges as required under 
        section 115.061; 
           (3) fails to take discharge preventive or preparedness 
        measures required under chapter 115E; or 
           (4) fails to install or use vapor recovery equipment during 
        the transfer of gasoline from a transport delivery vehicle to an 
        underground storage tank as required in section 116.49, 
        subdivisions 3 and 4. 
           (b) In addition, Pollution Control Agency staff designated 
        by the commissioner may issue citations to owners and operators 
        of facilities dispensing petroleum products who violate sections 
        116.46 to 116.50 and Minnesota Rules, chapters 7150 and 7151 and 
        parts 7001.4200 to 7001.4300.  A citation issued under this 
        subdivision must include a requirement that the person cited 
        remove and properly dispose of or otherwise manage the waste or 
        discharged oil or hazardous substance, reimburse any government 
        agency that has disposed of the waste or discharged oil or 
        hazardous substance and contaminated debris for the reasonable 
        costs of disposal, or correct any storage tank violations. 
           (c) Until June 1, 2004, Citations for violation violations 
        of sections 115E.045 and 116.46 to 116.50 and Minnesota Rules, 
        chapters 7150 and 7151, may be issued only after the owners and 
        operators have had a 90-day 60-day period to correct violations 
        stated in writing by Pollution Control Agency staff, unless 
        there is a discharge associated with the violation or the 
        violation is of Minnesota Rules, part 7151.6400, subpart 1, item 
        B, or 7151.6500 a repeat violation from a previous inspection. 
           Sec. 3.  Minnesota Statutes 2003 Supplement, section 
        116.073, subdivision 2, is amended to read: 
           Subd. 2.  [PENALTY AMOUNT.] The citation must impose the 
        following penalty amounts: 
           (1) $100 per major appliance, as defined in section 
        115A.03, subdivision 17a, up to a maximum of $2,000; 
           (2) $25 per waste tire, as defined in section 115A.90, 
        subdivision 11, up to a maximum of $2,000; 
           (3) $25 per lead acid battery governed by section 115A.915, 
        up to a maximum of $2,000; 
           (4) $1 per pound of other solid waste or $20 per cubic foot 
        up to a maximum of $2,000; 
           (5) up to $200 for any amount of waste that escapes from a 
        vehicle used for the transportation of solid waste if, after 
        receiving actual notice that waste has escaped the vehicle, the 
        person or company transporting the waste fails to immediately 
        collect the waste; 
           (6) $50 per violation of rules adopted under section 
        116.49, relating to underground storage tank system design, 
        construction, installation, and notification requirements, up to 
        a maximum of $2,000; 
           (7) $250 $500 per violation of rules adopted under section 
        116.49, relating to upgrading of existing underground storage 
        tank systems, up to a maximum of $2,000 per tank system; 
           (8) $100 $250 per violation of rules adopted under section 
        116.49, relating to underground storage tank system general 
        operating requirements, up to a maximum of $2,000; 
           (9) $250 per violation of rules adopted under section 
        116.49, relating to underground storage tank system release 
        detection requirements, up to a maximum of $2,000; 
           (10) $50 per violation of rules adopted under section 
        116.49, relating to out-of-service underground storage tank 
        systems and closure, up to a maximum of $2,000; 
           (11) $50 per violation of sections 116.48 to 116.491 
        relating to underground storage tank system notification, 
        monitoring, environmental protection, and tank installers 
        training and certification requirements, up to a maximum of 
        $2,000; 
           (12) $25 per gallon of oil or hazardous substance 
        discharged which is not reported or recovered under section 
        115.061, up to a maximum of $2,000; 
           (13) $1 per gallon of oil or hazardous substance being 
        stored, transported, or otherwise handled without the prevention 
        or preparedness measures required under chapter 115E, up to a 
        maximum of $2,000; 
           (14) $250 per violation of Minnesota Rules, parts 7001.4200 
        to 7001.4300 or chapter 7151, related to aboveground storage 
        tank systems, up to a maximum of $2,000; and 
           (15) $250 per delivery made in violation of section 116.49, 
        subdivision 3 or 4, levied against: 
           (i) the retail location if vapor recovery equipment is not 
        installed or maintained properly; 
           (ii) the carrier if the transport delivery vehicle is not 
        equipped with vapor recovery equipment; or 
           (iii) the driver for failure to use supplied vapor recovery 
        equipment. 
           Presented to the governor April 26, 2004 
           Signed by the governor April 29, 2004, 2:20 p.m.