1997 Minnesota Statutes

     221.0355 Uniform hazardous material and hazardous waste 
  registration and permit requirements. 

    Subdivision 1.    Purpose.  The purpose of this section 
 is to enable Minnesota to participate in establishing, 
 implementing, and administering a uniform registration and 
 permitting program for persons who transport or ship hazardous 
 material or hazardous waste by motor vehicle on the public 
 highways in interstate or intrastate commerce.  The program's 
 procedures and requirements must conform to those contained in 
 the report submitted to the secretary of transportation pursuant 
 to the "Hazardous Materials Transportation Uniform Safety Act of 
 1990," United States Code, title 49 appendix, section 1819, 
 subsection (c). 

    Subd. 2.    Definitions.  For purposes of this section, 
 the following words and phrases have the meanings given them in 
 this subdivision: 

    (a) "Base state" means the state selected by a carrier 
 according to the procedures established by the uniform program. 

    (b) "Base state agreement" means the agreement between 
 participating states electing to register or permit carriers of 
 hazardous material or hazardous waste. 

    (c) "Carrier" means a person who operates a motor vehicle 
 used to transport hazardous material or hazardous waste. 

    (d) "Designated hazardous material" means a hazardous 
 material described in Code of Federal Regulations, title 49, 
 section 107.601, which is incorporated by reference. 

    (e) "Hazardous material" means: 

    (1) a hazardous material when the hazardous material is of 
 a type or in a quantity that requires the transport vehicle to 
 be placarded in accordance with Code of Federal Regulations, 
 title 49, part 172; or 

    (2) a hazardous substance or marine pollutant when 
 transported in bulk packaging as defined in Code of Federal 
 Regulations, title 49, section 171.8, which is incorporated by 
 reference. 

    (f) "Hazardous material transportation" means the 
 transportation of hazardous material or hazardous waste, or 
 both, on the public highways. 

    (g) "Hazardous waste" means hazardous waste of a type and 
 amount that requires the shipment to be accompanied by a uniform 
 hazardous waste manifest described in Code of Federal 
 Regulations, title 40, part 262, including state-designated 
 hazardous wastes when a list of state-designated hazardous 
 wastes has been filed by the state with the national repository 
 under the uniform program. 

    (h) "Participating state" means a state electing to 
 participate in the uniform program by entering a base state 
 agreement. 

    (i) "Person" means an individual, firm, copartnership, 
 cooperative, company, association, limited liability company, 
 corporation, or public entity. 

    (j) "Public entity" means a carrier who is a federal or 
 state agency or political subdivision. 

    (k) "Shipper" means a person who offers a designated 
 hazardous material for shipment or who causes a designated 
 hazardous material to be transported or shipped. 

    (l) "Uniform application" means the uniform motor carrier 
 registration and permit application form established under the 
 uniform program. 

    (m) "Uniform program" means the Uniform State Hazardous 
 Materials Transportation Motor Carrier Registration and Permit 
 Program established in the report submitted to the secretary of 
 transportation pursuant to the "Hazardous Materials 
 Transportation Uniform Safety Act of 1990," United States Code, 
 title 49 appendix, section 1819, subsection (c). 

    Subd. 3.    General requirements.  Except as provided in 
 subdivision 17, after October 1, 1994: 

    (a) No carrier, other than a public entity, may transport a 
 hazardous material by motor vehicle in Minnesota unless it has 
 complied with subdivision 4. 

    (b) No carrier, other than a public entity, may transport a 
 hazardous waste in Minnesota unless it has complied with 
 subdivisions 4 and 5. 

    (c) No shipper may offer a designated hazardous material 
 for shipment or cause a designated hazardous material to be 
 transported or shipped in Minnesota unless it has complied with 
 subdivision 7. 

    (d) No carrier, other than a public entity, may transport a 
 designated hazardous material by rail or water in Minnesota 
 unless it has complied with subdivision 7a. 

    (e) No public entity may transport a hazardous material or 
 hazardous waste by motor vehicle in Minnesota unless it has 
 complied with subdivision 8. 

    Subd. 4.    Hazardous material registration and permit.  
 (a) A carrier with its principal place of business in Minnesota 
 or that designates Minnesota as its base state, shall register 
 its hazardous material transportation with and obtain a permit 
 from the commissioner before transporting a hazardous material 
 or hazardous waste in Minnesota.  A carrier that designates 
 another participating state as its base state shall register its 
 hazardous material transportation with and obtain a permit from 
 that state before transporting a hazardous material or hazardous 
 waste in Minnesota. 

    (b) A carrier who is required to register its hazardous 
 material transportation in Minnesota shall file parts I and II 
 of the uniform application with the commissioner and pay an 
 administrative processing fee of $50 and an apportioned vehicle 
 registration fee.  The amount of the apportioned vehicle 
 registration fee must be calculated under subdivision 6. 

    (c) Upon a carrier's compliance with this subdivision, the 
 commissioner shall issue a notice of registration form and a 
 permit to the carrier.  A notice of registration form must 
 include a company registration number.  A registration is valid 
 for one year from the date a notice of registration form is 
 issued and a permit is valid for three years from the date 
 issued or until a carrier fails to renew its registration, 
 whichever occurs first. 

    (d) A registered carrier shall maintain a copy of the 
 notice of registration form and the permit in each vehicle it 
 uses to transport a hazardous material or hazardous waste. 

    (e) A carrier with a permit shall annually certify that its 
 current operations are not substantially different from its 
 operations on the date it obtained its permit and shall 
 recertify its compliance with applicable laws and regulations in 
 part II of the uniform application when it renews its 
 registration under this subdivision.  Failure to comply with the 
 certifications in part II is prohibited. 

    Subd. 5.    Hazardous waste transporters.  (a) A carrier 
 with its principal place of business in Minnesota or who 
 designates Minnesota as its base state shall file a disclosure 
 statement with and obtain a permit from the commissioner that 
 specifically authorizes the transportation of hazardous waste 
 before transporting a hazardous waste in Minnesota.  A carrier 
 that designates another participating state as its base state 
 shall file a disclosure statement with and obtain a permit from 
 that state that specifically authorizes the transportation of 
 hazardous waste before transporting a hazardous waste in 
 Minnesota.  A registration is valid for one year from the date a 
 notice of registration form is issued and a permit is valid for 
 three years from the date issued or until a carrier fails to 
 renew its registration, whichever occurs first. 

    (b) A disclosure statement must include the information 
 contained in part III of the uniform application.  A person who 
 has direct management responsibility for a carrier's hazardous 
 waste transportation operations shall submit a full set of the 
 person's fingerprints, with the carrier's disclosure statement, 
 for identification purposes and to enable the commissioner to 
 determine whether the person has a criminal record.  The 
 commissioner shall send the person's fingerprints to the Federal 
 Bureau of Investigation and shall request the bureau to conduct 
 a check of the person's criminal record.  The commissioner shall 
 not issue a notice of registration or permit to a hazardous 
 waste transporter who has not made a full and accurate 
 disclosure of the required information or paid the fees required 
 by this subdivision.  Making a materially false or misleading 
 statement in a disclosure statement is prohibited. 

    (c) The commissioner shall assess a carrier the actual 
 costs incurred by the commissioner for conducting the uniform 
 program's required investigation of the information contained in 
 a disclosure statement. 

    (d) A permit under this subdivision becomes a license under 
 section 221.035, subdivision 1, on August 1, 1998, and is 
 subject to the provisions of section 221.035 until it expires. 

    Subd. 6.    Apportioned vehicle registration fee 
 calculation.  (a) An apportioned vehicle registration fee 
 shall be equal to the percentage of Minnesota transportation 
 multiplied by the percentage of hazardous material 
 transportation multiplied by the total number of vehicles the 
 carrier operates multiplied by a per-vehicle fee of $30. 

    (b) A carrier shall calculate its percentage of Minnesota 
 transportation and its percentage of hazardous material 
 transportation as follows: 

    (1) A carrier shall determine its percentage of Minnesota 
 transportation by dividing the number of miles it traveled in 
 Minnesota under the international registration plan, pursuant to 
 section 168.187, during the previous year, by the number of 
 miles it traveled in the United States and Canada under the 
 international registration plan during the previous year.  If a 
 carrier operated only in Minnesota, it must use 100 percent of 
 the miles traveled as its percentage of Minnesota 
 transportation.  If a carrier does not register its vehicles 
 through the international registration plan, it must calculate 
 the number of miles traveled in the manner required under the 
 international registration plan.  If a carrier operates more 
 than one fleet under the international registration plan the 
 carrier must add all miles traveled by all vehicles in all 
 fleets to calculate its mileage.  A Minnesota carrier who 
 operates in an adjacent state under a reciprocal agreement with 
 that state must include the miles operated under the agreement 
 as miles traveled in Minnesota in calculating mileage under this 
 clause. 

    (2) A carrier shall determine its percentage of hazardous 
 material transportation as follows: 

    (i) for less-than-truckload shipments, it must divide the 
 weight of the carrier's hazardous material and hazardous waste 
 shipments transported during the previous year by the total 
 weight of all shipments transported during the previous year; or 

    (ii) for truckload shipments, it must divide the number of 
 shipments transported during the previous year for which 
 placarding, marking, or manifesting, was required by Code of 
 Federal Regulations, title 49, part 172, by the total number of 
 all shipments transported during the previous year. 

    (c) A carrier that transports both truckload and 
 less-than-truckload shipments of hazardous material or hazardous 
 waste must determine its percentage of hazardous material 
 transportation by calculating the absolute percentage of 
 business that is hazardous material transportation on a 
 proportional basis with the percentage of business that is not 
 hazardous material transportation or by calculating its 
 percentage within the ranges allowed following procedures under 
 the uniform program. 

    (d) A carrier may use data from its most recent complete 
 fiscal year or the most recent complete calendar year in 
 calculating the percentages required in this subdivision for 
 transportation conducted during the previous year. 

    Subd. 7.    Shipper registration.  (a) A shipper who 
 maintains a distribution, terminal, warehouse, or other facility 
 in Minnesota used to ship hazardous material or hazardous waste 
 and who is required to comply with Code of Federal Regulations, 
 title 49, sections 107.601 to 107.620, shall file, with the 
 commissioner, a complete and accurate copy of its current 
 registration statement, on the form described in Code of Federal 
 Regulations, title 49, section 107.608, and a copy of its 
 current federal certificate of registration.  The fee for filing 
 a shipper registration statement is $250.  If a shipper is 
 required to pay a fee under section 299K.095, the commissioner 
 shall credit the actual amount paid by the shipper during the 
 previous 12 months toward payment of the fee required in this 
 subdivision, not to exceed $250 annually. 

    (b) Upon a shipper's compliance with this subdivision, the 
 commissioner shall issue a certificate of registration to the 
 shipper.  A certificate of registration must bear an effective 
 date and show the shipper's Minnesota hazardous material 
 transportation registration number.  A certificate of 
 registration is valid for one year from the date it is issued 
 and must be kept at the shipper's principal place of business. 

    (c) A shipper whose name, principal place of business, or 
 business telephone number has changed during the time a 
 certificate of registration is effective, shall notify the 
 commissioner of the change by submitting an amended registration 
 statement not later than 30 days after the change.  Upon 
 receiving an amended registration statement, the commissioner 
 shall issue an amended certificate of registration.  There is no 
 fee for filing an amended registration statement or for issuing 
 an amended certificate of registration. 

    Subd. 7a.    Rail and water carriers.  (a) A carrier of 
 hazardous material by rail or water who is required to comply 
 with Code of Federal Regulations, title 49, sections 107.601 to 
 107.620, shall file with the commissioner a complete and 
 accurate copy of its current registration statement, on the form 
 described in Code of Federal Regulations, title 49, section 
 107.608, and a copy of its current federal certificate of 
 registration.  The fee for filing the registration statement is 
 $250.  If the carrier is required to pay a fee under section 
 299K.095, the commissioner shall credit the actual amount paid 
 by carrier during the previous 12 months toward payment of the 
 fee required in this subdivision, not to exceed $250 annually. 

    (b) Upon a carrier's compliance with this subdivision, the 
 commissioner shall issue a certificate of registration to the 
 carrier.  A certificate of registration must bear an effective 
 date and show the carrier's Minnesota hazardous material 
 transportation registration number.  A certificate of 
 registration is valid for one year from the date it is issued 
 and must be kept at the carrier's principal place of business. 

    (c) A carrier whose name, principal place of business, or 
 business telephone number has changed during the time a 
 certificate of registration is effective, shall notify the 
 commissioner of the change by submitting an amended registration 
 statement not later than 30 days after the change.  Upon 
 receiving an amended registration statement, the commissioner 
 shall issue an amended certificate of registration.  There is no 
 fee for filing an amended registration statement or for issuing 
 an amended certificate of registration. 

    Subd. 8.    Public entity registration.  (a) A public 
 entity with its principal place of business in Minnesota or that 
 designates Minnesota as its base state, shall register its 
 hazardous material transportation with the commissioner before 
 transporting a hazardous material or hazardous waste in 
 Minnesota.  A public entity that designates another 
 participating state as its base state shall register its 
 hazardous material transportation with that state before 
 transporting a hazardous material or hazardous waste in 
 Minnesota.  

    (b) A public entity that is required to register its 
 hazardous material transportation in Minnesota shall file part I 
 of the uniform application with the commissioner.  There is no 
 fee for the registration required in this subdivision. 

    (c) Upon a public entity's compliance with this 
 subdivision, the commissioner shall issue a notice of 
 registration form to the public entity.  The notice of 
 registration form must include a registration number.  A 
 registration is valid for one year from the date a notice of 
 registration form is issued. 

    (d) A registered public entity shall maintain a copy of the 
 notice of registration form in each vehicle it uses to transport 
 hazardous material or hazardous waste. 

    Subd. 9.    Application data.  The following data 
 submitted to the commissioner under subdivisions 4 and 5 are 
 private data, with respect to data on individuals, and nonpublic 
 data, with respect to data not on individuals:  information 
 contained in parts II and III of the uniform application 
 relating to a carrier's customers and service provided to 
 specific customers, financial balance sheet and income statement 
 data, ownership and debt liability data, and information 
 relating to a carrier's parent companies, affiliates, and 
 subsidiaries.  For the purpose of administering or enforcing the 
 uniform program, the commissioner may disclose any information 
 classified as private data on individuals or nonpublic data by 
 this subdivision to the United States Department of 
 Transportation, any other participating state or state agency, 
 or to the national repository established under the uniform 
 program. 

    Subd. 10.    Enforcement.  The commissioner may inspect 
 or examine any motor vehicle or facility operated by a carrier 
 or any facility operated by a person who ships, or offers for 
 shipment, hazardous material or hazardous waste and may require 
 the production of papers, books, records, documents, or other 
 evidentiary material necessary to determine if a carrier or 
 shipper is accurately reporting its hazardous material 
 transportation operations and is otherwise complying with this 
 section and the uniform program.  The commissioner also may 
 conduct investigations and audits necessary to determine if a 
 carrier is entitled to a permit or to make suspension or 
 revocation determinations. 

    Subd. 11.    Administrative penalties.  The commissioner 
 may issue an order requiring violations of this section to be 
 corrected.  An order may include the administrative assessment 
 of a monetary penalty up to a maximum of $10,000 for all 
 violations of this section identified during a single 
 inspection, investigation, or audit.  Section 221.036 applies to 
 administrative penalty orders issued under this section.  
 Penalties collected under this section must be deposited in the 
 state treasury and credited to the trunk highway fund. 

    Subd. 12.    Suspension, revocation, and denial.  (a) 
 The commissioner may suspend or revoke a permit issued under 
 this section or order the suspension of the transportation of 
 hazardous material or hazardous waste in Minnesota by a carrier 
 who has obtained a permit from another participating state under 
 the uniform program if the commissioner determines that a 
 carrier: 

    (1) committed a violation of Code of Federal Regulations, 
 title 49, parts 100 to 180, 383, 387, or 390 to 397, while 
 engaging in hazardous materials transportation if the violation 
 posed an imminent hazard to the public or the environment; 

    (2) made a knowing falsification of a material fact in a 
 uniform application; 

    (3) has received an unsatisfactory safety rating from the 
 state or the United States Department of Transportation; or 

    (4) has exhibited reckless disregard for the public and the 
 environment.  

    (b) In determining if a carrier has exhibited reckless 
 disregard for the public and the environment in violation of 
 paragraph (a), clause (4), the commissioner shall consider:  

    (1) whether the carrier has engaged in a pattern of 
 violations of Code of Federal Regulations, title 49, parts 100 
 to 180, 383, 387, or 390 to 397, or regulations governing the 
 management of hazardous waste, while engaging in hazardous 
 materials transportation, when the violations are viewed in 
 relation to the number of truck-miles of hazardous material 
 transportation and the number of vehicles in the carrier's 
 fleet; 

    (2) the actual or potential level of environmental damage 
 resulting from an incident or a violation of the federal 
 regulations described in paragraph (a), clause (1); 

    (3) the response by the carrier to an incident or a 
 violation of the federal regulations described in paragraph (a), 
 clause (1); 

    (4) the carrier's history of violations for the past three 
 years; 

    (5) any mitigating factors; and 

    (6) other factors as justice requires, if the commissioner 
 specifically identifies the additional factors in the order of 
 suspension or revocation.  

    (c) The commissioner may not issue a permit to a carrier if 
 the commissioner determines that a carrier's conduct would 
 constitute grounds for suspension or revocation under this 
 subdivision.  A carrier who wishes to contest a denial, 
 suspension, or revocation is entitled to a hearing under chapter 
 14.  

    Subd. 13.    Base state agreements.  The commissioner 
 may enter into agreements with federal agencies, a national 
 repository, or other participating states as necessary to allow 
 the reciprocal registration and permitting of carriers 
 transporting hazardous material or hazardous waste.  The 
 agreements may include procedures for determining a base state, 
 the collection and distribution of registration fees, dispute 
 resolution, the exchange of information for reporting and 
 enforcement purposes, and other provisions necessary to fully 
 implement, administer, and enforce the uniform program. 

    Subd. 14.    Preemption.  This section preempts and 
 supersedes any hazardous material or hazardous waste 
 transportation registration or permitting program administered 
 or enforced by any state agency, city, county, or other 
 political subdivision of the state. 

    Subd. 15.    Hazardous waste licenses.  (a) From October 
 1, 1994, until August 1, 1998, the commissioner shall not 
 register hazardous material transporters under section 221.0335 
 or license hazardous waste transporters under section 221.035.  
 A person who is licensed under section 221.035 need not obtain a 
 permit under subdivision 4 or 5 for the transportation of 
 hazardous waste in Minnesota, until the person's license has 
 expired.  A carrier wishing to transport hazardous waste in 
 another participating state shall obtain a permit under the 
 uniform program authorizing the transportation. 

    (b) The commissioner may refund fees paid under section 
 221.035, minus a proportional amount calculated on a monthly 
 basis for each month that a hazardous waste transporter license 
 was valid, to a person who was issued a hazardous waste 
 transporter license after May 5, 1994, who applied for a permit 
 authorizing the transportation of hazardous waste under 
 subdivisions 4 and 5 before October 1, 1994, and who was 
 subsequently issued that permit under the uniform program. 

    Subd. 16.    Revolving account.  (a) The commissioner 
 shall deposit in a separate account in the trunk highway fund 
 all federal funds received for implementing, administering, and 
 enforcing this section.  Money in the account is appropriated to 
 the commissioner for those purposes. 

    (b) The commissioner shall accept and disburse federal 
 funds available for the purpose of implementing, administering, 
 and enforcing the uniform program. 

    Subd. 17.    Exemptions.  This section does not apply to 
 the intrastate transportation described as follows: 

    (1) the transportation of hazardous material in a vehicle 
 controlled by a farmer and operated by a farmer or farm employee 
 when the hazardous material is to be used on the farm to which 
 it is transported; 

    (2) the transportation of a hazardous waste jointly 
 designated as a "special waste" by the commissioner of 
 transportation and the commissioner of the Minnesota pollution 
 control agency; or 

    (3) transportation by fertilizer and agricultural chemical 
 retailers while exclusively engaged in the delivery of 
 fertilizer and agricultural chemicals when: 

    (i) the delivery is from the retailer's place of business 
 directly to a farm within a 50-mile radius of the retailer's 
 place of business; and 

    (ii) the fertilizer and agricultural chemicals are for use 
 on the farm to which they are delivered. 

    Subd. 18.    Deposit and use of fees.  Fees received by 
 the commissioner for administrative processing and investigating 
 information in a disclosure statement must be deposited in the 
 state treasury and credited to the trunk highway fund.  
 Notwithstanding section 221.82, registration fees collected 
 under subdivisions 4, 5, 7, and 7a must be deposited in the 
 state treasury, credited to the general fund, and used to cover 
 the costs of hazardous materials incident response capability 
 under sections 299A.48 to 299A.52 and 299K.095. 

    HIST: 1994 c 589 s 5; 1995 c 260 s 1-6; 1996 c 455 art 3 s 
 30,31; 1997 c 230 s 14,15 

*   NOTE:  This section is repealed by Laws 1994, chapter 589, 
*section 8, as amended by Laws 1996, chapter 455, article 3, 
*section 33, and Laws 1997, chapter 230, section 23, effective August 1, 
*1998.