2006 Minnesota Statutes

103G.141 PENALTIES.
    Subdivision 1. Misdemeanors. Except as provided in subdivision 2, a person is guilty of
a misdemeanor who:
(1) undertakes or procures another to undertake an alteration in the course, current, or cross
section of public waters or appropriates waters of the state without previously obtaining a permit
from the commissioner, regardless of whether the commissioner would have granted a permit had
an application been filed;
(2) undertakes or procures another to undertake an alteration in the course, current, or cross
section of public waters or appropriates waters of the state in violation of or in excess of authority
granted under a permit issued by the commissioner, regardless of whether an application had been
filed for permission to perform the act involved or whether the act involved would have been
permitted had a proper application been filed;
(3) undertakes or procures another to undertake an alteration in the course, current, or cross
section of public waters or appropriates waters of the state after a permit to undertake the project
has been denied by the commissioner; or
(4) violates a provision of this chapter.
    Subd. 2. Violation of section 404 permits. (a) Whenever the commissioner finds that a
person is in violation of a condition or limitation set forth in a permit issued under the rules
adopted by the commissioner under section 103G.127, the commissioner shall issue an order
requiring the person to comply with the condition or limitation, or the commissioner shall bring a
civil action in accordance with paragraph (b).
(b) The commissioner may commence a civil action for appropriate relief in district court,
including a permanent or temporary injunction, for a violation for which the commissioner is
authorized to issue a compliance order under paragraph (a). The court may restrain the violation
and require compliance.
(c) A person who violates a condition or limitation in a permit issued by the commissioner
under section 103G.127, and a person who violates an order issued by the commissioner under
paragraph (a), is subject to a civil penalty not to exceed $25,000 per day for each violation. In
determining the amount of a civil penalty the court shall consider the seriousness of the violation
or violations, the economic benefit, if any, resulting from the violation, any history of violations,
any good faith efforts to comply with the applicable requirements, the economic impact of the
penalty on the violator, and other matters justice may require.
History: 1990 c 391 art 7 s 11; 1991 c 354 art 9 s 2