1998 Minnesota Statutes

     114C.24 Enforcement. 

    Subdivision 1.    Deferred enforcement.  The state must 
 defer for at least 90 days enforcement of an environmental 
 requirement against the owner or operator of a facility if a 
 report that meets the requirements of section 114C.22, 
 subdivision 2, has been submitted to the commissioner.  If the 
 report includes a performance schedule, and the performance 
 schedule is approved under section 114C.23, the state must defer 
 enforcement for the term of the approved performance schedule 
 unless the owner or operator of the facility fails to meet an 
 interim performance date contained in the schedule. 

    Subd. 2.    Penalties waived.  If, within 90 days after 
 the report required in section 114C.22, subdivision 2, is 
 received by the commissioner or within the time specified in an 
 approved performance schedule, the owner or operator of a 
 facility corrects the violations identified in the audit or 
 self-evaluation and certifies to the commissioner that the 
 violations have been corrected, the state may not impose or 
 bring an action for any administrative, civil, or criminal 
 penalties against the owner or operator of the facility for the 
 reported violations. 

    Subd. 3.    Exceptions.  Notwithstanding subdivisions 1 
 and 2, the state may at any time bring: 

    (1) a criminal enforcement action against any person who 
 knowingly 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 one year has elapsed since the final 
 resolution of a notice of violation, an administrative penalty 
 order, or a civil or criminal lawsuit that resulted in an 
 enforcement action being taken against the owner or operator of 
 a facility for a violation of a requirement that was also shown 
 as having been violated in the report required under section 
 114C.22, subdivision 2; or 

    (ii) a violation caused serious harm to public health or 
 the environment; or 

    (3) the enforcement action is against the owner or operator 
 of a facility to enjoin an imminent threat to public health or 
 the environment. 

    Subd. 4.    Good faith consideration.  If the state 
 finds that one of the conditions in subdivision 3 exists, the 
 state must take into account the good faith efforts of the 
 regulated entity to comply with environmental requirements in 
 deciding whether to pursue an enforcement action, whether an 
 enforcement action should be civil or criminal, and what, if 
 any, penalty should be imposed.  In determining whether the 
 regulated entity has acted in good faith, the state must 
 consider whether: 

    (1) when noncompliance was discovered, the regulated entity 
 took corrective action that was timely under the circumstances; 

    (2) the regulated entity exercised reasonable care in 
 attempting to prevent the violations and ensure compliance with 
 environmental requirements; 

    (3) the noncompliance resulted in significant economic 
 benefit to the regulated entity; 

    (4) prior to implementing the audit or self-evaluation 
 program, the regulated entity had a history of good faith 
 efforts to comply with the environmental requirements; 

    (5) the regulated entity demonstrated good faith efforts to 
 achieve compliance since implementing an environmental auditing 
 or self-evaluation program; and 

    (6) the regulated entity has demonstrated efforts to 
 implement pollution prevention opportunities. 

    Subd. 5.    Violations discovered by the state.  Nothing 
 in sections 114C.20 to 114C.31 precludes the state from taking 
 any enforcement action the state is authorized to take with 
 respect to violations discovered by the state prior to the time 
 a regulated entity has submitted to the commissioner a report 
 that meets the requirements of section 114C.22, subdivision 2. 

    Subd. 6.    False statements.  (a) A person may not 
 knowingly make a false material statement or representation in 
 the report filed in accordance with section 114C.22, subdivision 
 2.  As used in this subdivision, "knowingly" has the meaning 
 given in section 609.671, subdivision 2. 

    (b) A person found to have knowingly made a false material 
 statement or representation shall be subject to the 
 administrative penalties and process set forth in section 
 116.072. 

    HIST: 1995 c 168 s 13; 1996 c 359 s 6-9; 1996 c 437 s 24 

*   NOTE:  See section 114C.30 for repealer.