1999 Minnesota Statutes

CHAPTER 18D. Chemical liability

     18D.01 Definitions. 

    Subdivision 1.    Definitions in chapters 18B, 18C, and 
 18F apply.  The definitions in chapters 18B, 18C, and 18F 
 apply to this chapter.  

    Subd. 2.    Applicability of definitions in this section. 
  The definitions in this section apply to this chapter. 

    Subd. 3.    Agricultural chemical.  "Agricultural 
 chemical" means a pesticide as defined under chapter 18B or a 
 fertilizer, agricultural liming material, plant amendment, or 
 soil amendment as defined under chapter 18C. 

    Subd. 3a.    Contaminated media.  "Contaminated media" 
 means any soil, water, sediment, debris, or other material which 
 contains an agricultural chemical at a concentration that may 
 cause unreasonable adverse effects on the environment and is not 
 the result of a legal use, as determined by the commissioner. 

    Subd. 4.    Corrective action.  "Corrective action" 
 means an action taken to minimize, eliminate, or clean up an 
 incident. 

    Subd. 5.    Hazardous waste.  "Hazardous waste" means a 
 substance identified or listed as hazardous waste in the rules 
 adopted under section 116.07, subdivision 4. 

    Subd. 6.    Incident.  "Incident" means a flood, fire, 
 tornado, transportation accident, storage container rupture, 
 portable container rupture, leak, spill, emission, discharge, 
 escape, disposal, or other event that releases or immediately 
 threatens to release an agricultural chemical accidentally or 
 otherwise into the environment, and may cause unreasonable 
 adverse effects on the environment.  Incident does not include a 
 release resulting from the normal use of a product or practice 
 in accordance with law. 

    Subd. 7.    Owner of real property.  "Owner of real 
 property" means a person who is in possession of, has the right 
 of control, or controls the use of real property, including 
 without limitation a person who may be a fee owner, lessee, 
 renter, tenant, lessor, contract for deed vendee, licensor, 
 licensee, or occupant. 

    Subd. 8.    Person.  "Person" means an individual, firm, 
 corporation, partnership, association, trust, joint stock 
 company, or unincorporated organization, the state, a state 
 agency, or a political subdivision.  

    Subd. 9.    Provision of this chapter.  "Provision of 
 this chapter" means a provision of this chapter, chapter 18B, 
 18C, 18F, or a rule adopted under those chapters.  

    Subd. 10.    Responsible party.  "Responsible party" 
 means a person who at the time of an incident has custody of, 
 control of, or responsibility for a pesticide, fertilizer, 
 pesticide or fertilizer container, or pesticide or fertilizer 
 rinsate. 

    HIST: 1989 c 326 art 7 s 1; 1990 c 561 s 12; 1991 c 250 s 
 19,20; 1995 c 95 s 4 

     18D.101 Liability for application. 

    (a) Notwithstanding other law relating to liability for 
 agricultural chemical use, an end user or landowner is not 
 liable for the cost of active cleanup, or damages associated 
 with or resulting from agricultural chemicals in groundwater if 
 the person has applied or has had others apply agricultural 
 chemicals in compliance with state law, with any applicable 
 labeling, and orders of the commissioner. 

    (b) It is a complete defense for liability if the person 
 has complied with the provisions in paragraph (a).  

    HIST: 1989 c 326 art 7 s 2 

     18D.103 Report of incidents required. 

    Subdivision 1.    Report to commissioner.  A responsible 
 party or an owner of real property must, on discovering an 
 incident has occurred, immediately report the incident to the 
 commissioner.  The responsible party must immediately take all 
 reasonable action necessary to minimize or abate the incident 
 and to recover any agricultural chemicals involved in the 
 incident with or without a directive from the commissioner. 

    Subd. 2.    Written report.  The responsible party must 
 submit a written report of the incident to the commissioner in 
 the form and by the time prescribed by the commissioner. 

    Subd. 3.    Exception.  A responsible party or an owner 
 of real property who is a licensed or certified private or 
 commercial pesticide applicator is not required to report an 
 incident to the commissioner under this section if the amount of 
 pesticide involved in the release plus any other releases which 
 have occurred at the site during the preceding year is less than 
 the maximum amount of the pesticide that, consistent with its 
 label, can be applied to one acre of agricultural crop land 
 unless the release occurred into or near public water or 
 groundwater. 

    HIST: 1989 c 326 art 7 s 3; 1990 c 597 s 7; 1993 c 367 s 17 

     18D.105 Corrective action orders. 

    Subdivision 1.    Corrective action orders.  (a) After 
 determining an incident has occurred, the commissioner may order 
 the responsible party to take reasonable and necessary 
 corrective actions.  

    (b) The commissioner shall notify the owner of real 
 property where corrective action is ordered that access to the 
 property will be required for the responsible party or the 
 commissioner to take corrective action.  

    (c) A political subdivision may not request or order any 
 person to take an action that conflicts with the corrective 
 action ordered by the commissioner.  

    (d) The attorney general on request of the commissioner may 
 bring an action to compel corrective action.  

    Subd. 2.    Commissioner's corrective actions.  The 
 commissioner may take corrective action if: 

    (1) a responsible party cannot be identified; or 

    (2) an identified responsible party cannot or will not 
 comply with a corrective action order issued under subdivision 1.

    Subd. 3.    Emergency corrective action.  (a) To assure 
 an adequate response to an incident, the commissioner may take 
 corrective action without following the procedures of 
 subdivision 1 if the commissioner determines that the incident 
 constitutes a clear and immediate danger requiring immediate 
 action to prevent, minimize, or mitigate damage to the public 
 health and welfare or the environment.  

    (b) Before taking an action under this subdivision, the 
 commissioner must make all reasonable efforts, taking into 
 consideration the urgency of the situation, to order a 
 responsible party to take a corrective action and notify the 
 owner of real property where the corrective action is to be 
 taken.  

    Subd. 3a.    Passive bioremediation.  Passive 
 bioremediation must be considered for pesticide and fertilizer 
 cleanups whenever an assessment of the site determines that 
 there is a low potential risk to public health and the 
 environment.  The assessment may include the soil types 
 involved, leaching potential, underlying geology, proximity to 
 ground and surface water, and the soil half-life of the 
 pesticides. 

    Subd. 4.    Agriculture is lead agency.  The department 
 of agriculture is the lead state agency in taking corrective 
 action for incidents.  

    HIST: 1989 c 326 art 7 s 4; 1993 c 367 s 18; 1995 c 95 s 5 

     18D.1051 Response to agricultural chemical incidents. 

    The commissioner of agriculture may take corrective action 
 under this chapter, or response and remedial action under 
 chapter 115B, or both, as provided under those chapters, in 
 responding to an agricultural chemical incident, release, or 
 threatened release. 

    HIST: 1990 c 597 s 72 

     18D.1052 Land application of agricultural chemical 
  contaminated soil and other media. 

    Subdivision 1.    Application of contaminated media.  
 The commissioner may, upon request, provide a written 
 authorization to a responsible party, owner of real property, or 
 other person, for land application of contaminated media.  A 
 written land application request must be submitted to the 
 commissioner, in a form prescribed by the commissioner, and 
 approved by the commissioner prior to any land application.  The 
 commissioner may approve a land application request if the 
 commissioner determines that the land application will not cause 
 unreasonable adverse effects on the environment.  An 
 authorization for land application must prescribe appropriate 
 application rates and other operational control practices to 
 protect human health and the environment and must identify each 
 site or sites where land application is authorized to be 
 performed. 

    Subd. 2.    Exceptions.  A land application specifically 
 allowed under a state or federal permit, license, or other 
 written approval by an authorized state or federal agency is 
 exempt from this section.  In the event of an emergency, or for 
 small quantities of contaminated media, as determined by the 
 commissioner, contaminated media may be land applied without 
 prior written approval, providing that the land application is 
 orally approved by the commissioner prior to the application.  
 The commissioner shall confirm the oral approval in writing 
 within three business days of an oral approval. 

    HIST: 1995 c 95 s 6 

     18D.111 Liability for costs. 

    Subdivision 1.    Corrective action costs.  (a) A 
 responsible party is liable for the costs, including for a 
 corrective action administrative cost incurred after the 
 corrective action order has been issued, or for emergency 
 corrective action, all costs.  The commissioner may issue an 
 order for recovery of the costs.  

    (b) A responsible party is liable for the costs of any 
 destruction to wildlife.  Payments of costs for wildlife 
 destruction shall be deposited in the game and fish fund of the 
 state treasury.  

    Subd. 2.    Owner of real property.  An owner of real 
 property is not a responsible party for an incident on the 
 owner's property unless that owner:  

    (1) was engaged in manufacturing, formulating, 
 transporting, storing, handling, applying, distributing, or 
 disposing of an agricultural chemical on the property; 

    (2) knowingly permitted any person to make regular use of 
 the property for disposal of agricultural chemicals; or 

    (3) violated this chapter in a way that contributed to the 
 incident.  

    Subd. 3.    Liability for employees.  A person licensed 
 under chapter 18B or 18C is civilly liable for violations of 
 this chapter, chapter 18B, or 18C by the person's employees and 
 agents. 

    Subd. 4.    Avoidance of liability.  (a) A responsible 
 party may not avoid liability by means of a conveyance of a 
 right, title, or interest in real property, or by an 
 indemnification, hold harmless agreement, or similar agreement.  

    (b) This subdivision does not:  

    (1) prohibit a person who may be liable from entering an 
 agreement by which the person is insured, held harmless, or 
 indemnified for part or all of the liability; 

    (2) prohibit the enforcement of an insurance, hold 
 harmless, or indemnification agreement; or 

    (3) bar a cause of action brought by a person who may be 
 liable or by an insurer or guarantor, whether by right of 
 subrogation or otherwise.  

    Subd. 5.    Defense.  As a defense to a penalty or 
 liability for damages, a person may prove that a violation was 
 caused solely by an act of God, an act of war, or an act or 
 failure to act that constitutes sabotage or vandalism, or a 
 combination of these defenses.  

    HIST: 1989 c 326 art 7 s 5 

     18D.115 Apportionment of liability and contribution. 

    Subdivision 1.    Right of apportionment.  (a) A 
 responsible party held liable under this chapter has the right 
 to have the trier of fact apportion liability among the 
 responsible parties as provided in this section.  The burden is 
 on each responsible party to show how that responsible party's 
 liability should be apportioned.  The trier of fact shall reduce 
 the amount of damages in proportion to the amount of liability 
 apportioned to the party recovering. 

    (b) In apportioning the liability of a party under this 
 section, the trier of fact shall consider the following:  

    (1) the extent to which that responsible party contributed 
 to the incident; 

    (2) the amount of agricultural chemical involved; 

    (3) the degree of toxicity of the agricultural chemical 
 involved; 

    (4) the degree of involvement of and care exercised by the 
 responsible party in manufacturing, formulating, handling, 
 storing, distributing, transporting, applying, and disposing of 
 the agricultural chemical; 

    (5) the degree of cooperation by the responsible party with 
 federal, state, or local officials to prevent any harm to the 
 public health or the environment; and 

    (6) knowledge by the responsible party of the hazardous 
 nature of the agricultural chemical.  

    Subd. 2.    Contribution.  If a responsible party is 
 held liable under this chapter and establishes a proportionate 
 share of the aggregate liability, the provisions of section 
 604.02, subdivisions 1 and 2, shall apply with respect to 
 contribution and reallocation of any uncollectible amounts, 
 except that an administrative law judge may also perform the 
 functions of a court identified in section 604.02, subdivision 2.

    HIST: 1989 c 326 art 7 s 6 

     18D.201 Inspection, sampling, analysis. 

    Subdivision 1.    Access and entry.  (a) The 
 commissioner, upon presentation of official department 
 credentials, must be granted access at reasonable times without 
 delay to sites: 

    (1) where a person manufactures, formulates, distributes, 
 uses, disposes of, stores, or transports an agricultural 
 chemical; or 

    (2) which the commissioner reasonably believes are 
 affected, or possibly affected, by the use of an agricultural 
 chemical, agricultural chemical container, agricultural chemical 
 rinsate, or agricultural chemical device in violation of this 
 chapter. 

    (b) The commissioner may enter sites for: 

    (1) inspection of equipment for the manufacture, 
 formulation, blending, distribution, disposal, or application of 
 agricultural chemicals and the premises on which the equipment 
 is stored; 

    (2) sampling of sites actually or reportedly exposed to 
 agricultural chemicals; 

    (3) inspection of storage, handling, distribution, use, or 
 disposal areas of agricultural chemicals or their containers; 

    (4) inspection or investigation of complaints of injury to 
 the environment; 

    (5) sampling of agricultural chemicals; 

    (6) observation of the use and application of an 
 agricultural chemical; 

    (7) inspection of records related to the manufacture, 
 distribution, storage, handling, use, or disposal of an 
 agricultural chemical; 

    (8) investigating the source, nature, and extent of an 
 incident, and the extent of the adverse effects on the 
 environment; and 

    (9) other purposes necessary to implement this chapter, 
 chapter 18B, or 18C. 

    (c) The commissioner may enter any public or private 
 premises during or after regular business hours without a notice 
 of inspection when a suspected incident may threaten public 
 health or the environment. 

    Subd. 2.    Notice of inspection samples and analyses.  
 (a) The commissioner shall provide the owner, operator, or agent 
 in charge with a receipt describing any samples obtained.  If 
 requested, the commissioner shall split any samples obtained and 
 provide them to the owner, operator, or agent in charge.  If an 
 analysis is made of the samples, a copy of the results of the 
 analysis must be furnished to the owner, operator, or agent in 
 charge within 30 days after an analysis has been performed.  If 
 an analysis is not performed, the commissioner must notify the 
 owner, operator, or agent in charge within 30 days of the 
 decision not to perform the analysis.  

    (b) The methods of sampling and analysis must be those 
 adopted by the United States Environmental Protection Agency or 
 the association of official analytical chemists.  In cases not 
 covered by those methods, or in cases where methods are 
 available in which improved applicability has been demonstrated, 
 the commissioner may adopt appropriate methods from other 
 sources. 

    (c) In sampling a lot of agricultural chemical that is 
 registered, a single package may constitute the official sample. 

    Subd. 3.    Inspection requests by others.  (a) A person 
 who believes that a violation of this chapter has occurred may 
 request an inspection by giving notice to the commissioner of 
 the violation.  The notice must be in writing, state with 
 reasonable particularity the grounds for the notice, and be 
 signed by the person making the request.  

    (b) If after receiving a notice of violation the 
 commissioner reasonably believes that a violation has occurred, 
 the commissioner shall make a special inspection in accordance 
 with the provisions of this section as soon as practicable, to 
 determine if a violation has occurred.  

    (c) An inspection conducted pursuant to a notice under this 
 subdivision may cover an entire site and is not limited to the 
 portion of the site specified in the notice.  If the 
 commissioner determines that reasonable grounds to believe that 
 a violation occurred do not exist, the commissioner must notify 
 the person making the request in writing of the determination.  

    Subd. 4.    Order to enter after refusal.  After a 
 refusal or an anticipated refusal based on a prior refusal to 
 allow entrance on a prior occasion by an owner, operator, or 
 agent in charge to allow entry as specified in this chapter, the 
 commissioner may apply for an order in the district court in the 
 county where a site is located, that compels a person with 
 authority to allow the commissioner to enter and inspect the 
 site.  

    Subd. 5.    Violator liable for inspection costs.  (a) 
 The cost of reinspection and reinvestigation may be assessed by 
 the commissioner if the person subject to the corrective action 
 order or remedial action order does not comply with the order in 
 a reasonable time as provided in the order. 

    (b) The commissioner may enter an order for recovery of the 
 inspection and investigation costs.  

    Subd. 6.    Investigation authority.  (a) In making 
 inspections under this chapter, the commissioner may administer 
 oaths, certify official acts, issue subpoenas to take and cause 
 to be taken depositions of witnesses, and compel the attendance 
 of witnesses and production of papers, books, documents, 
 records, and testimony.  

    (b) If a person fails to comply with a subpoena, or a 
 witness refuses to produce evidence or to testify to a matter 
 about which the person may be lawfully questioned, the district 
 court shall, on application of the commissioner, compel 
 obedience proceedings for contempt, as in the case of 
 disobedience of the requirements of a subpoena issued by the 
 court or a refusal to testify in court.  

    HIST: 1989 c 326 art 7 s 7 

     18D.301 Enforcement. 

    Subdivision 1.    Enforcement required.  (a) The 
 commissioner shall enforce this chapter and chapters 18B, 18C, 
 and 18F. 

    (b) Violations of chapter 18B, 18C, or 18F or rules adopted 
 under chapter 18B, 18C, or 18F are a violation of this chapter.  

    (c) Upon the request of the commissioner, county attorneys, 
 sheriffs, and other officers having authority in the enforcement 
 of the general criminal laws shall take action to the extent of 
 their authority necessary or proper for the enforcement of this 
 chapter or special orders, standards, stipulations, and 
 agreements of the commissioner. 

    Subd. 2.    Commissioner's discretion.  If minor 
 violations of this chapter, chapter 18B, 18C, or 18F occur or 
 when the commissioner believes the public interest will be best 
 served by a suitable notice of warning in writing, this chapter 
 does not require the commissioner to: 

    (1) report the violation for prosecution; 

    (2) institute seizure proceedings; or 

    (3) issue a withdrawal from distribution or stop-sale order.

    Subd. 3.    Civil actions.  Civil judicial enforcement 
 actions may be brought by the attorney general in the name of 
 the state on behalf of the commissioner.  A county attorney may 
 bring a civil judicial enforcement action upon the request of 
 the commissioner and agreement by the attorney general. 

    Subd. 4.    Injunction.  The commissioner may apply to a 
 court with jurisdiction for a temporary or permanent injunction 
 to prevent, restrain, or enjoin violations of this chapter. 

    Subd. 5.    Criminal actions.  For a criminal action, 
 the county attorney from the county where a criminal violation 
 occurred is responsible for prosecuting a violation of this 
 chapter.  If the county attorney refuses to prosecute, the 
 attorney general on request of the commissioner may prosecute. 

    Subd. 6.    Agent for service of process.  All 
 nonresident commercial and structural pest control applicator 
 licensees licensed as individuals must appoint the commissioner 
 as the agent upon whom all legal process may be served and 
 service upon the commissioner is deemed to be service on the 
 licensee. 

    HIST: 1989 c 326 art 7 s 8; 1991 c 250 s 21,22 

     18D.305 Administrative action. 

    Subdivision 1.    Administrative remedies.  The 
 commissioner may seek to remedy violations by a written warning, 
 administrative meeting, cease and desist, stop-use, stop-sale, 
 removal, correction order, or other special order, seizure, 
 stipulation, agreement, or administrative penalty, if the 
 commissioner determines that the remedy is in the public 
 interest. 

    Subd. 2.    Revocation and suspension.  The commissioner 
 may, after written notice and hearing, revoke, suspend, or 
 refuse to grant or renew a registration, permit, license, or 
 certification if a person violates a provision of this chapter 
 or has a history within the last three years of violations of 
 this chapter. 

    Subd. 3.    Cancellation of registration.  (a) The 
 commissioner may cancel the registration of a specialty 
 fertilizer, soil amendment, or plant amendment or refuse to 
 register a brand of specialty fertilizer, soil amendment, or 
 plant amendment after receiving satisfactory evidence that the 
 registrant has used fraudulent or deceptive practices in the 
 evasion or attempted evasion of the provisions of this chapter.  

    (b) Registration may not be revoked until the registrant 
 has been given opportunity for a hearing by the commissioner.  

    Subd. 4.    Cancellation of license.  (a) The 
 commissioner may cancel a license issued under this chapter 
 after receiving satisfactory evidence that the licensee has used 
 fraudulent and deceptive practices in the evasion or attempted 
 evasion of the provisions of this chapter.  

    (b) A license may not be revoked until the licensee has 
 been given opportunity for a hearing by the commissioner.  

    Subd. 5.    Cancellation of facility and equipment 
 approval.  (a) The commissioner may cancel the approval of a 
 facility or equipment if: 

    (1) hazards to people's lives, adjoining property, or the 
 environment exist; or 

    (2) there is satisfactory evidence that the person to whom 
 the approval was issued has used fraudulent or deceptive 
 practices to evade or attempt to evade the provisions of this 
 chapter.  

    (b) An approval may not be canceled until the person has 
 been given an opportunity for a hearing by the commissioner.  

    Subd. 6.    Service of order or notice.  (a) If a person 
 is not available for service of an order, the commissioner may 
 attach the order to the agricultural chemical container, 
 rinsate, equipment, or device or facility and notify the owner, 
 custodian, other responsible party, or registrant.  

    (b) The agricultural chemical container, rinsate, 
 equipment, or device may not be sold, used, or removed until the 
 agricultural chemical container, rinsate, equipment, or device 
 has been released under conditions specified by the 
 commissioner, by an administrative law judge, or by a court. 

    HIST: 1989 c 326 art 7 s 9 

     18D.311 Damages against state for administrative action 
  without cause. 

    If the commissioner did not have probable cause for an 
 administrative action, including the issuance of a stop-sale, 
 stop-use, or removal order, a court may allow recovery for 
 damages caused by the administrative action. 

    HIST: 1989 c 326 art 7 s 10 

     18D.315 Administrative penalties. 

    Subdivision 1.    Assessment.  (a) In determining the 
 amount of the administrative penalty, the commissioner shall 
 consider the economic gain received by the person allowing or 
 committing the violation, the gravity of the violation in terms 
 of actual or potential damage to human health and the 
 environment, and the violator's culpability, good faith, and 
 history of violations.  

    (b) The commissioner may assess an administrative penalty 
 of up to $1,500 per day for a violation of a corrective action 
 order or remedial action order.  

    (c) An administrative penalty may be assessed if the person 
 subject to a corrective action order or remedial action order 
 does not comply with the order in the time provided in the 
 order.  The commissioner must state the amount of the 
 administrative penalty in the corrective action order or 
 remedial action order.  

    Subd. 2.    Collection of penalty.  (a) If a person 
 subject to an administrative penalty fails to pay the penalty, 
 which must be part of a final order by the commissioner, by 30 
 days after the final order is issued, the commissioner may 
 commence a civil action for double the assessed penalty plus 
 attorney fees and costs.  

    (b) An administrative penalty may be recovered in a civil 
 action in the name of the state brought in the district court of 
 the county where the violation is alleged to have occurred or 
 the district court where the commissioner has an office.  

    HIST: 1989 c 326 art 7 s 11 

     18D.321 Appeal of commissioner's orders. 

    Subdivision 1.    Notice of appeal.  (a) After service 
 of an order, a person has 45 days from receipt of the order to 
 notify the commissioner in writing that the person intends to 
 contest the order.  

    (b) If the person fails to notify the commissioner that the 
 person intends to contest the order, the order is a final order 
 of the commissioner and not subject to further judicial or 
 administrative review.  

    Subd. 2.    Administrative review.  If a person notifies 
 the commissioner that the person intends to contest an order 
 issued under this chapter, the state office of administrative 
 hearings shall conduct a hearing in accordance with the 
 applicable provisions of chapter 14 for hearings in contested 
 cases.  For contested corrective action orders, the state office 
 of administrative hearings shall conduct an administrative 
 hearing not later than 14 days after notification that a 
 corrective action order is contested.  

    Subd. 3.    Judicial review.  Judicial review of a final 
 decision in a contested case is available as provided in chapter 
 14.  

    HIST: 1989 c 326 art 7 s 12; 1990 c 597 s 8 

     18D.323 Crediting of penalties, fees, and costs. 

    Except for money repaid to the agricultural chemical 
 response and reimbursement account under section 18E.04, 
 subdivision 6, penalties, cost reimbursements, fees, and other 
 moneys collected under this chapter must be deposited into the 
 state treasury and credited to the appropriate pesticide or 
 fertilizer regulatory account. 

    HIST: 1990 c 597 s 9 

     18D.325 Civil penalties. 

    Subdivision 1.    General penalty.  Except as provided 
 in subdivisions 2 and 3, a person who violates this chapter, 
 chapter 18B, 18C, or 18F or a special order, standard, 
 stipulation, agreement, or schedule of compliance of the 
 commissioner is subject to a civil penalty of up to $7,500 per 
 day of violation as determined by the court. 

    Subd. 2.    Disposal that becomes hazardous waste.  A 
 person who violates a provision of this chapter, chapter 18B, 
 18C, or 18F or a special order, standard, stipulation, 
 agreement, or schedule of compliance of the commissioner that 
 relates to disposal of agricultural chemicals so that they 
 become hazardous waste, is subject to the penalties in section 
 115.071. 

    Subd. 3.    Defense to civil remedies and damages.  As a 
 defense to a civil penalty or claim for damages under 
 subdivisions 1 and 2, the defendant may prove that the violation 
 was caused solely by an act of God, an act of war, or an act or 
 failure to act that constitutes sabotage or vandalism, or any 
 combination of these defenses. 

    Subd. 4.    Actions to compel performance.  In an action 
 to compel performance of an order of the commissioner to enforce 
 a provision of this chapter, the court may require a defendant 
 adjudged responsible to perform the acts within the person's 
 power that are reasonably necessary to accomplish the purposes 
 of the order. 

    Subd. 5.    Recovery of penalties by civil action.  The 
 civil penalties and payments provided for in this section may be 
 recovered by a civil action brought by the county attorney or 
 the attorney general in the name of the state. 

    HIST: 1989 c 326 art 7 s 13; 1991 c 250 s 23,24 

     18D.331 Criminal penalties. 

    Subdivision 1.    General violation.  Except as provided 
 in subdivisions 2 and 3, a person is guilty of a misdemeanor if 
 the person violates a provision of this chapter, chapter 18B, 
 18C, or 18F or a special order, standard, stipulation, 
 agreement, or schedule of compliance of the commissioner. 

    Subd. 2.    Violation endangering humans.  A person is 
 guilty of a gross misdemeanor if the person violates a provision 
 of this chapter, chapter 18B, 18C, or 18F or a special order, 
 standard, stipulation, agreement, or schedule of compliance of 
 the commissioner, and the violation endangers humans. 

    Subd. 3.    Violation with knowledge.  A person is 
 guilty of a gross misdemeanor if the person knowingly violates a 
 provision of this chapter, chapter 18B, 18C, or 18F or a 
 standard, special order, stipulation, agreement, or schedule of 
 compliance of the commissioner. 

    Subd. 4.    Disposal that becomes hazardous waste.  A 
 person who knowingly disposes of an agricultural chemical in 
 violation of this chapter, chapter 18B or 18C, or a standard, 
 special order, stipulation agreement, or schedule of compliance 
 of the commissioner and the agricultural chemical is hazardous 
 waste is subject to the penalties in section 609.671, 
 subdivision 4. 

    HIST: 1989 c 326 art 7 s 14; 1991 c 250 s 25-27; 1991 c 347 
 art 3 s 1