2007 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."
History: 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.
History: 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    Subd. 4.[Repealed, 1Sp2005 c 1 art 2 s 162]
    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).
History: 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 commissioner 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 commissioner 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.
(c) A person, when operating or participating in elements of the technical assistance
program pursuant to a grant or contract with the office under this section or other law, is an
employee of the state, certified to be acting within the scope of employment, for purposes of
the indemnification provisions of section 3.736, subdivision 9, for claims that arise out of the
information, assistance, and recommendations covered by the grant or contract. The state is not
obligated to defend or indemnify a grantee or contractor under this subdivision to the extent of the
grantee's or contractor's liability insurance. The grantee's or contractor's right to indemnity is not a
waiver of limitations, defenses, and immunities available to either the grantee or contractor or
the state by law.
History: 1990 c 560 art 1 s 4; 1992 c 513 art 2 s 31; 1Sp2005 c 1 art 2 s 134,161

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 commissioner.
History: 1990 c 560 art 1 s 6; 1Sp2005 c 1 art 2 s 161

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

115D.10 TOXIC POLLUTION PREVENTION EVALUATION REPORT.
The commissioner, in cooperation with the 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.
History: 1990 c 560 art 1 s 10; 1993 c 172 s 73; 1995 c 247 art 1 s 35; 1996 c 470 s 27;
1Sp2005 c 1 art 2 s 161

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 commissioner 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.
History: 1990 c 560 art 1 s 11; 1992 c 546 s 1; 1993 c 172 s 74; 2003 c 128 art 2 s 35;
1Sp2005 c 1 art 2 s 161

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.
History: 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.
History: 1993 c 172 s 76