116.061 AIR POLLUTION EMISSIONS AND ABATEMENT.
Subdivision 1.
Emission notification required. (a) A person who controls the source of an
emission must notify the agency immediately of excessive or abnormal unpermitted emissions
that:
(1) may cause air pollution endangering human health;
(2) may cause air pollution damaging property; or
(3) cause obnoxious odors constituting a public nuisance.
(b) If a person who controls the source of an emission has knowledge of an event that has
occurred and that will subsequently cause an emission described in paragraph (a), the person
must notify the agency when the event occurs.
Subd. 2.
Abatement required. A person who is required to notify the agency under
subdivision 1 must take immediate and reasonable steps to minimize the emissions or abate the air
pollution and obnoxious odors caused by the emissions.
Subd. 3.
Exemption. The following are exempt from the requirements of subdivisions 1
and 2:
(1) emissions resulting from the activities of public fire services or law enforcement services;
(2) emissions from motor vehicles, as defined in section
169.01, subdivision 3;
(3) emissions from an agricultural operation deemed not a nuisance under section
561.19,
subdivision 2
; or
(4) emissions from agency regulated sources that are routine or authorized by the agency.
Subd. 4.
Penalty exception. A person who notifies the agency of emissions under
subdivision 1 and who complies with subdivision 2 shall not be subject to criminal prosecution
under section
115.071, subdivision 2.
Subd. 5.
Use of notification. Any notice submitted under subdivision 1 is not admissible in
any proceeding as an admission of causation.
History: 1988 c 600 s 1