1997 Minnesota Statutes

     115.071 Enforcement. 

    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. 

    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. 

    Subd. 2a. Repealed, 1987 c 267 s 5 

    Subd. 2b. Repealed, 1987 c 267 s 5 

    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. 

    Subd. 4.    Injunctions.  Any violation of the 
 provisions, rules, standards, orders, stipulation agreements, 
 variances, schedules of compliance, or permits specified in this 
 chapter and 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. 

    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 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. 

    Subd. 6.    Administrative penalties.  A provision of 
 law that may be enforced under this section may also be enforced 
 under section 116.072. 

    HIST: 1973 c 374 s 13; 1976 c 76 s 3; 1983 c 373 s 1-4; 1984 c 
 628 art 3 s 11; 1984 c 655 art 1 s 18; 1985 c 248 s 70; 1986 c 
 444; 1987 c 267 s 1; 1988 c 553 s 1; 1990 c 391 art 10 s 3; 1991 
 c 347 art 1 s 2; 1993 c 249 s 6; 1996 c 437 s 12-16