2004 Minnesota Statutes

CHAPTER 115D. Toxic pollution prevention

     115D.01 Citation. 

    Sections 115D.01 to 115D.12 may be cited as the "Minnesota 
 Toxic Pollution Prevention Act." 

    HIST: 1990 c 560 art 1 s 1 

     115D.02 Policy. 

    (a) To protect the public health, welfare, and the 
 environment, the legislature declares that it is the policy of 
 the state to encourage toxic pollution prevention.  The 
 preferred means of preventing toxic pollution are techniques and 
 processes that are implemented at the source and that minimize 
 the transfer of toxic pollutants from one environmental medium 
 to another. 

    (b) The legislature intends that the programs developed 
 under sections 115D.01 to 115D.12 shall encourage and lead to a 
 greater awareness of the need for and benefits of toxic 
 pollution prevention, and to a greater degree of cooperation and 
 coordination among all elements of government, industry, and the 
 public in encouraging and carrying out pollution prevention 
 activities. 

    HIST: 1990 c 560 art 1 s 2; 1991 c 199 art 1 s 29 

     115D.03 Definitions. 

    Subdivision 1.    Applicability.  The definitions in 
 this section apply to this chapter. 

    Subd. 2.    Commission.  "Commission" means the 
 Emergency Response Commission under section 299K.03. 

    Subd. 3.    Commissioner.  "Commissioner" means the 
 commissioner of the Pollution Control Agency. 

    Subd. 4.    Director.  "Director" means the director of 
 the Office of Environmental Assistance. 

    Subd. 5.    Eligible recipients.  "Eligible recipients" 
 means persons who use, generate, or release toxic pollutants, 
 hazardous substances, or hazardous wastes, or individuals or 
 organizations that provide assistance to these persons. 

    Subd. 6.    Facility.  "Facility" means all buildings, 
 equipment, structures, and other stationary items that are 
 located on a single site or on contiguous or adjacent sites and 
 that are owned or operated by the same person, or by any person 
 who controls, is controlled by, or is under common control with 
 such person. 

    Subd. 6a.    Officer of the company.  "Officer of the 
 company" means one of the following: 

    (1) an owner or sole proprietor; 

    (2) a partner; 

    (3) for a corporation incorporated under chapter 300, the 
 president, secretary, treasurer, or other officer as provided 
 for in the corporation's bylaws or certificate of incorporation; 

    (4) for a corporation incorporated under chapter 302A, an 
 individual exercising the functions of the chief executive 
 officer or the chief financial officer under section 302A.305 or 
 another officer elected or appointed by the directors of the 
 corporation under section 302A.311; 

    (5) for a corporation incorporated outside this state, an 
 officer of the company as defined by the laws of the state in 
 which the corporation is incorporated; or 

    (6) for a limited liability company organized under chapter 
 322B, the chief manager or treasurer. 

    Subd. 7.    Person.  "Person" means any individual, 
 partnership, association, public or private corporation or other 
 entity including the United States government, any interstate 
 body, the state and any agency, department or political 
 subdivision of the state.  

    Subd. 8.    Pollution prevention or prevent pollution.  
 "Pollution prevention" or "prevent pollution" means eliminating 
 or reducing at the source the use, generation, or release of 
 toxic pollutants, hazardous substances, and hazardous wastes. 

    Subd. 9.    Reduce, reducing, or reduction.  "Reduce," 
 "reducing," or "reduction" means lessening the quantity or 
 toxicity of toxic pollutants, hazardous substances, and 
 hazardous wastes used, generated, or released at the source.  
 Methods of reducing pollution include, but are not limited to, 
 process modification, inventory control measures, feedstock 
 substitutions, various housekeeping and management practices, 
 and improved efficiency of machinery.  Decreases in quantity or 
 toxicity are not reductions where the decrease is solely the 
 result of a decrease in the output of the facility. 

    Subd. 10.    Release.  "Release" means any spilling, 
 leaking, pumping, pouring, emitting, emptying, discharging, 
 injecting, escaping, leaching, dumping, or disposing into the 
 environment which occurred at a point in time or which continues 
 to occur.  

    "Release" does not include:  

    (1) emissions from the engine exhaust of a motor vehicle, 
 rolling stock, aircraft, watercraft, or pipeline pumping station 
 engine; 

    (2) release of source, by-product, or special nuclear 
 material from a nuclear incident, as those terms are defined in 
 the Atomic Energy Act of 1954, under United States Code, title 
 42, section 2014, if the release is subject to requirements with 
 respect to financial protection established by the federal 
 Nuclear Regulatory Commission under United States Code, title 
 42, section 2210; 

    (3) release of source, by-product, or special nuclear 
 material from any processing site designated pursuant to the 
 Uranium Mill Tailings Radiation Control Act of 1978, under 
 United States Code, title 42, section 7912(a)(1) or 7942(a); or 

    (4) any release resulting from the application of 
 fertilizer or agricultural or silvicultural chemicals, or 
 disposal of emptied pesticide containers or residues from a 
 pesticide as defined in section 18B.01, subdivision 18.  

    Subd. 11.    Toxic pollutant.  "Toxic pollutant" means a 
 chemical identified in United States Code, title 42, section 
 11023(c). 

    HIST: 1990 c 560 art 1 s 3; 1994 c 639 art 5 s 3; 1995 c 247 
 art 1 s 29,30 

     115D.04 Pollution prevention assistance program. 

    Subdivision 1.    Establishment.  The director shall 
 establish a pollution prevention assistance program to assist 
 eligible recipients in preventing pollution.  The program must 
 emphasize techniques and processes that minimize the transfer of 
 pollutants from one environmental medium to another and must 
 focus primarily on toxic pollutants. 

    Subd. 2.    Assistance.  The pollution prevention 
 assistance program must include at least the following: 

    (1) a program to assemble, catalog, and disseminate 
 information on pollution prevention; 

    (2) a program to provide technical research and assistance, 
 including on-site consultations to identify alternative methods 
 that may be applied to prevent pollution and to provide 
 assistance for planning under section 115D.07, excluding design 
 engineering services; and 

    (3) outreach programs including seminars, workshops, 
 training programs, and other similar activities designed to 
 provide pollution prevention information and assistance to 
 eligible recipients and other interested persons. 

    Subd. 3.    Administration.  (a) The pollution 
 prevention assistance program must be coordinated with other 
 public and private programs that provide management and 
 technical assistance to eligible recipients.  

    (b) The director may make grants to public or private 
 entities to operate elements of the program.  Grantees shall 
 provide periodic reports on their efforts to assist eligible 
 recipients to reduce pollution. 

    HIST: 1990 c 560 art 1 s 4; 1992 c 513 art 2 s 31 

  115D.05 Repealed, 1996 c 470 s 29 

     115D.06 Governor's award for excellence in pollution 
  prevention. 

    The governor may issue annual awards in the form of a 
 commendation for excellence in pollution prevention.  
 Applications for these awards shall be administered by the 
 director. 

    HIST: 1990 c 560 art 1 s 6 

     115D.07 Toxic pollution prevention plans. 

    Subdivision 1.    Requirement to prepare and maintain a 
 plan.  (a) Persons who operate a facility required by United 
 States Code, title 42, section 11023, or section 299K.08, 
 subdivision 3, to submit a toxic chemical release form shall 
 prepare a toxic pollution prevention plan for that facility.  A 
 facility that is required to submit a toxic chemical release 
 form but does not release a toxic chemical is exempt from the 
 requirements of this subdivision.  The plan must contain the 
 information listed in subdivision 2. 

    (b) Except as provided in paragraphs (d) and (e), for 
 facilities that release a total of 10,000 pounds or more of 
 toxic pollutants annually, the plan must be completed as follows:

    (1) on or before July 1, 1991, for facilities having a 
 two-digit standard industrial classification of 35 to 39; 

    (2) by January 1, 1992, for facilities having a two-digit 
 standard industrial classification of 28 to 34; and 

    (3) by July 1, 1992, for all other persons required to 
 prepare a plan under this subdivision. 

    (c) Except as provided in paragraphs (d) and (e), 
 facilities that release less than a total of 10,000 pounds of 
 toxic pollutants annually must complete their plans by July 1, 
 1992. 

    (d) For the following facilities, the plan must be 
 completed as follows: 

    (1) by January 1, 1995, for facilities required to report 
 under section 299K.08, subdivision 3, that have a two-digit 
 standard industrial classification of 01 to 50; and 

    (2) by January 1, 1996, for facilities required to report 
 under section 299K.08, subdivision 3, that have a two-digit 
 standard industrial classification of 51 to 99. 

    (e) For facilities that become subject to this subdivision 
 after July 1, 1993, the plan must be completed by six months 
 after the first submittal for the facility under United States 
 Code, title 42, section 11023, or section 299K.08, subdivision 3.

    (f) Each plan must be updated by January 1 of every 
 even-numbered year and must be maintained at the facility to 
 which it pertains. 

    Subd. 2.    Contents of plan.  (a) Each toxic pollution 
 prevention plan must establish a program identifying the 
 specific technically and economically practicable steps that 
 could be taken during at least the three years following the 
 date the plan is due, to eliminate or reduce the generation or 
 release of toxic pollutants reported by the facility.  Toxic 
 pollutants resulting solely from research and development 
 activities need not be included in the plan.  

    (b) At a minimum, each plan must include: 

    (1) a policy statement articulating upper management 
 support for eliminating or reducing the generation or release of 
 toxic pollutants at the facility; 

    (2) a description of the current processes generating or 
 releasing toxic pollutants that specifically describes the 
 types, sources, and quantities of toxic pollutants currently 
 being generated or released by the facility; 

    (3) a description of the current and past practices used to 
 eliminate or reduce the generation or release of toxic 
 pollutants at the facility and an evaluation of the 
 effectiveness of these practices; 

    (4) an assessment of technically and economically 
 practicable options available to eliminate or reduce the 
 generation or release of toxic pollutants at the facility, 
 including options such as changing the raw materials, operating 
 techniques, equipment and technology, personnel training, and 
 other practices used at the facility.  The assessment may 
 include a cost benefit analysis of the available options; 

    (5) a statement of objectives based on the assessment in 
 clause (4) and a schedule for achieving those objectives.  
 Wherever technically and economically practicable, the 
 objectives for eliminating or reducing the generation or release 
 of each toxic pollutant at the facility must be expressed in 
 numeric terms based on a specified base year that is no earlier 
 than 1987.  Otherwise, the objectives must include a clearly 
 stated list of actions designed to lead to the establishment of 
 numeric objectives as soon as practicable; 

    (6) an explanation of the rationale for each objective 
 established for the facility; 

    (7) a listing of options that were considered not to be 
 economically and technically practicable; and 

    (8) a certification, signed and dated by the facility 
 manager and an officer of the company under penalty of section 
 609.63, attesting to the accuracy of the information in the plan.

    HIST: 1990 c 560 art 1 s 7; 1993 c 172 s 72; 1995 c 247 art 1 
 s 32,33 

     115D.08 Progress reports. 

    Subdivision 1.    Requirement to submit progress report. 
  (a) All persons required to prepare a toxic pollution 
 prevention plan under section 115D.07 shall submit an annual 
 progress report to the commissioner that may be drafted in a 
 manner that does not disclose proprietary information.  Progress 
 reports are due on October 1 of each year.  The first progress 
 reports are due in 1992.  

    (b) At a minimum, each progress report must include: 

    (1) a summary of each objective established in the plan, 
 including the base year for any objective stated in numeric 
 terms, and the schedule for meeting each objective; 

    (2) a summary of progress made during the past year, if 
 any, toward meeting each objective established in the plan 
 including the quantity of each toxic pollutant eliminated or 
 reduced; 

    (3) a statement of the methods through which elimination or 
 reduction has been achieved; 

    (4) if necessary, an explanation of the reasons objectives 
 were not achieved during the previous year, including 
 identification of any technological, economic, or other 
 impediments the facility faced in its efforts to achieve its 
 objectives; and 

    (5) a certification, signed and dated by the facility 
 manager and an officer of the company under penalty of section 
 609.63, attesting that a plan meeting the requirements of 
 section 115D.07 has been prepared and also attesting to the 
 accuracy of the information in the progress report. 

    Subd. 2.    Review of progress reports.  (a) The 
 commissioner shall review all progress reports to determine if 
 they meet the requirements of subdivision 1.  If the 
 commissioner determines that a progress report does not meet the 
 requirements, the commissioner shall notify the facility in 
 writing and shall identify specific deficiencies and specify a 
 reasonable time period of not less than 90 days for the facility 
 to modify the progress report. 

    (b) The commissioner shall be given access to a facility 
 plan required under section 115D.07 if the commissioner 
 determines that the progress report for that facility does not 
 meet the requirements of subdivision 1.  Twenty-five or more 
 persons living within ten miles of the facility may submit a 
 petition to the commissioner that identifies specific 
 deficiencies in the progress report and requests the 
 commissioner to review the facility plan.  Within 30 days after 
 receipt of the petition, the commissioner shall respond in 
 writing.  If the commissioner agrees that the progress report 
 does not meet requirements of subdivision 1, the commissioner 
 shall be given access to the facility plan. 

    (c) After reviewing the plan and the progress report with 
 any modifications submitted, the commissioner shall state in 
 writing whether the progress report meets the requirements of 
 subdivision 1.  If the commissioner determines that a modified 
 progress report still does not meet the requirements of 
 subdivision 1, the commissioner shall schedule a public 
 meeting.  The meeting shall be held in the county where the 
 facility is located.  The meeting is not subject to the 
 requirements of chapter 14. 

    (d) The facility shall be given the opportunity to amend 
 the progress report within a period of not less than 30 days 
 after the public meeting. 

    (e) If the commissioner determines that a modified progress 
 report still does not meet the requirements of subdivision 1, 
 action may be taken under section 115.071 to obtain compliance 
 with sections 115D.01 to 115D.12. 

    HIST: 1990 c 560 art 1 s 8; 1995 c 247 art 1 s 34 

     115D.09 Confidentiality. 

    Information and techniques developed under section 115D.04, 
 the reduction information and techniques under section 
 115A.0716, and the progress reports required under section 
 115D.08 are public data under chapter 13.  The plans required 
 under section 115D.07 are nonpublic data under chapter 13. 

    HIST: 1990 c 560 art 1 s 9; 1996 c 470 s 18 

     115D.10 Toxic pollution prevention evaluation report. 

    The director, in cooperation with the commissioner and 
 commission, shall report to the Environment and Natural 
 Resources Committees of the senate and house of representatives, 
 the Finance Division of the senate Committee on Environment and 
 Natural Resources, and the house of representatives Committee on 
 Environment and Natural Resources Finance on progress being made 
 in achieving the objectives of sections 115D.01 to 115D.12.  The 
 report must be submitted by February 1 of each even-numbered 
 year. 

    HIST: 1990 c 560 art 1 s 10; 1993 c 172 s 73; 1995 c 247 art 1 
 s 35; 1996 c 470 s 27 

     115D.12 Pollution prevention fees. 

    Subdivision 1.    Imposition.  The pollution prevention 
 fees in this section are imposed on persons and facilities under 
 subdivision 2, paragraphs (a) and (b). 

    Subd. 2.    Fees.  (a) Persons required by United States 
 Code, title 42, section 11023, to submit a toxic chemical 
 release form to the commission, and owners or operators of 
 facilities listed in section 299K.08, subdivision 3, shall pay a 
 pollution prevention fee of $150 for each toxic pollutant 
 reported released plus a fee based on the total pounds of toxic 
 pollutants reported as released from each facility.  Facilities 
 reporting less than 25,000 pounds annually of toxic pollutants 
 released per facility shall be assessed a fee of $500.  
 Facilities reporting annual releases of toxic pollutants in 
 excess of 25,000 pounds shall be assessed a graduated fee at the 
 rate of two cents per pound of toxic pollutants reported.  

    (b) Persons who generate more than 1,000 kilograms of 
 hazardous waste per month but who are not subject to the fee 
 under paragraph (a) must pay a pollution prevention fee of $500 
 per facility.  Hazardous waste as used in this paragraph has the 
 meaning given it in section 116.06, subdivision 11, and 
 Minnesota Rules, chapter 7045. 

    (c) Fees required under this subdivision must be paid to 
 the director by January 1 of each year.  The fees shall be 
 deposited in the state treasury and credited to the 
 environmental fund.  

    (d) The fees under this subdivision are exempt from section 
 16A.1285. 

    HIST: 1990 c 560 art 1 s 11; 1992 c 546 s 1; 1993 c 172 s 74; 
 2003 c 128 art 2 s 35 

     115D.14 Definitions. 

    Subdivision 1.    Scope.  As used in this section and 
 section 115D.15, the terms defined in this section have the 
 meanings given. 

    Subd. 2.    Agency.  "Agency" means the Pollution 
 Control Agency. 

    Subd. 3.    Integrity of aquatic or terrestrial 
 ecosystems.  "Integrity of aquatic or terrestrial ecosystems" 
 means the maintenance of mutually beneficial species of plants 
 and animals and of other natural characteristics so that the 
 biological viability of the ecosystem is ensured. 

    Subd. 4.    Toxic air contaminant.  "Toxic air 
 contaminant" means an air contaminant that may cause or 
 contribute to an increase in mortality or an increase in a 
 chronic or an acute illness, or which may pose a present or 
 potential hazard to human health or the integrity of aquatic or 
 terrestrial ecosystems. 

    HIST: 1993 c 172 s 75 

     115D.15 Reports to legislature. 

    Subdivision 1.    Initial report.  By January 1, 1995, 
 the agency must submit to the environment and natural resources 
 committees of the legislature a report that includes: 

    (1) a five-year regulatory strategy to protect the public 
 health and the environment from emissions of toxic air 
 contaminants; and 

    (2) a list prioritizing and categorizing facilities 
 emitting toxic air contaminants. 

    Subd. 2.    Continuing reports.  Beginning January 1, 
 1997, and every two years thereafter, the agency shall submit to 
 the legislative committees with jurisdiction over environment 
 and natural resource issues a report that provides an update of 
 the following: 

    (1) an analysis of the achievements, shortfalls, and 
 resource needs for implementing the agency's strategy under 
 subdivision 1, clause (1); 

    (2) an analysis of the data collected from the agency's 
 statewide monitoring and inventory program under section 
 116.454; 

    (3) an analysis of reductions in emissions of toxic air 
 contaminants; and 

    (4) an updated list prioritizing and categorizing 
 facilities emitting toxic air contaminants. 

    HIST: 1993 c 172 s 76