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CHAPTER 116. POLLUTION CONTROL AGENCY

Table of Sections
SectionHeadnote

GENERAL

116.01POLICY.
116.011ANNUAL POLLUTION REPORT.
116.02POLLUTION CONTROL AGENCY, CREATION AND POWERS.
116.03COMMISSIONER.
116.04EXECUTIVE SECRETARY.
116.05COOPERATION.
116.06DEFINITIONS.
116.061AIR POLLUTION EMISSIONS AND ABATEMENT.
116.07POWERS AND DUTIES.
116.071CAUSE OF ACTION FOR ABANDONMENT OF HAZARDOUS WASTE ON PROPERTY OF ANOTHER.
116.0711FEEDLOT PERMIT CONDITIONS.
116.0712MODIFIED LEVEL ONE FEEDLOT INVENTORY.
116.0713LIVESTOCK ODOR.
116.0714116.0714 NEW OPEN AIR SWINE BASINS.
116.0715LIMIT ON BASIS FOR ACTION.
116.0716RULE VARIANCE.
116.0717MINERALS DEPOSITION.
116.072ADMINISTRATIVE PENALTIES.
116.073FIELD CITATIONS.
116.074NOTICE OF PERMIT CONDITIONS TO LOCAL GOVERNMENTS.
116.075HEARINGS AND RECORDS PUBLIC.
116.08Repealed, 1973 c 374 s 22
116.081PROHIBITIONS; AIR CONTAMINANT AND WASTE FACILITIES AND SYSTEMS.
116.082OPEN BURNING OF LEAVES; LOCAL ORDINANCES.
116.09Repealed, 1969 c 1046 s 12
116.091SYSTEMS AND FACILITIES.
116.10POLICY; LONG-RANGE PLAN; PURPOSE.
116.101HAZARDOUS WASTE CONTROL AND SPILL CONTINGENCY PLAN.
116.11EMERGENCY POWERS.
116.12HAZARDOUS WASTE ADMINISTRATION FEES.
116.125NOTIFICATION OF FEE INCREASES.
116.14HAZARDOUS WASTE FACILITIES; LIABILITY OF GUARANTOR.
116.15Repealed, 1973 c 423 s 10
116.155REMEDIATION FUND.

WATER POLLUTION CONTROL PROGRAM

116.16MINNESOTA STATE WATER POLLUTION CONTROL PROGRAM.
116.162Repealed, 1996 c 463 s 61
116.163AGENCY FUNDING APPLICATION REVIEW.
116.165INSPECTION RESPONSIBILITY.
116.167Repealed, 1987 c 386 art 3 s 30
116.17MINNESOTA STATE WATER POLLUTION CONTROL BONDS.
116.18WATER POLLUTION CONTROL FUNDS; APPROPRIATIONS AND BONDS.
116.181CORRECTIVE ACTION GRANTS.
116.182FINANCIAL ASSISTANCE PROGRAM.
116.19Repealed, 2002 c 379 art 1 s 114

NUTRIENTS IN CLEANING AGENTS AND WATER CONDITIONERS

116.21NUTRIENTS IN CLEANING AGENTS AND WATER CONDITIONERS, CONTROL; STATEMENT OF POLICY.
116.22DEFINITIONS.
116.23116.23 PROHIBITION AND RESTRICTIONS.
116.24RULES.
116.25SEIZURE.
116.26RESTORATION.
116.27ADDITIONAL PROHIBITION.
116.28LISTS REQUIRED.
116.29FORFEITURE.
116.30Repealed, 1973 c 374 s 22
116.31Repealed, 1973 c 374 s 22
116.32ORDER TO REFRAIN.
116.33PROOF OF OFFENSE.
116.34TIME LIMITED FOR PROCEEDINGS.
116.35TRIAL OF OFFENSES.

PCB

116.36DEFINITIONS.
116.37PCB; PROHIBITED USE.
116.38PCB BURNING.

OZONE LAYER PRESERVATION

116.39OZONE LAYER PRESERVATION.

WASTE FACILITY TRAINING AND CERTIFICATION

116.41WASTE AND WASTE FACILITIES TRAINING AND CERTIFICATION.

TOXIC SUBSTANCES DEPOSITION

116.42ACID DEPOSITION; LEGISLATIVE INTENT.
116.43ACID DEPOSITION DEFINED.
116.44SENSITIVE AREAS; STANDARDS.
116.45Obsolete, 1Sp2005 c 1 art 2 s 161
116.454MONITORING PROGRAM.

STORAGE TANKS

116.46DEFINITIONS.
116.47EXEMPTIONS.
116.48NOTIFICATION REQUIREMENTS.
116.481MONITORING.
116.49ENVIRONMENTAL PROTECTION REQUIREMENTS.
116.491TANK INSTALLERS TRAINING AND CERTIFICATION.
116.492BASEMENT STORAGE TANKS; REMOVAL.
116.50PREEMPTION.
116.51Repealed, 1992 c 522 s 48; 1992 c 595 s 29
116.52Repealed, 1992 c 522 s 48; 1992 c 595 s 29
116.53

TESTING; INJECTION OF CERTAIN MATERIALS

116.54INJECTION OF CERTAIN MATERIALS.
116.55Repealed, 1988 c 685 s 44
116.60Repealed, 1999 c 178 s 10
116.61Repealed, 1999 c 178 s 10
116.62Repealed, 1999 c 178 s 10
116.63Repealed, 1999 c 178 s 10
116.64Repealed, 1999 c 178 s 10
116.65Repealed, 1999 c 178 s 10
116.66Repealed, 1995 c 247 art 1 s 41
116.67Repealed, 1Sp2001 c 2 s 162

CHLOROFLUOROCARBON REGULATION

116.70DEFINITIONS.
116.71Repealed, 1Sp2001 c 2 s 162
116.72Repealed, 1Sp2001 c 2 s 162
116.73Repealed, 1Sp2001 c 2 s 162
116.731REQUIREMENTS TO RECYCLE CFC'S.
116.732REQUIREMENT TO RECYCLE FIRE EXTINGUISHER HALONS.
116.733MEDICAL DEVICE EXEMPTION.
116.734UNIFORM CFC REGULATION.
116.735TRAINING AND CERTIFICATION.
116.74Repealed, 1Sp2001 c 2 s 162

INFECTIOUS WASTE CONTROL ACT

116.75CITATION.
116.76DEFINITIONS.
116.77COVERAGE.
116.78WASTE MANAGEMENT.
116.79MANAGEMENT PLANS.
116.80TRANSPORTATION OF INFECTIOUS WASTE.
116.801INCINERATION OF INFECTIOUS WASTE; PERMIT REQUIRED.
116.802INCINERATION OF INFECTIOUS WASTE; ENVIRONMENTAL IMPACT.
116.81RULES.
116.82AUTHORITY OF LOCAL GOVERNMENT.
116.83ENFORCEMENT.

MONITORS FOR INCINERATORS

116.84MONITORS REQUIRED FOR PCB INCINERATORS.
116.85MONITORS REQUIRED FOR OTHER INCINERATORS.
116.86Repealed, 1991 c 254 art 2 s 48

RESIDENTIAL LEAD PAINT WASTE

116.87DEFINITIONS.
116.875AUTHORIZED MANAGEMENT METHODS.
116.88PROHIBITED METHODS OF MANAGEMENT.
116.885RECYCLING AND TREATMENT.
116.89ENFORCEMENT.

GENERAL

116.90REFUSE-DERIVED FUEL.
116.91CITIZEN REPORTS OF ENVIRONMENTAL VIOLATIONS.
116.915MERCURY REDUCTION.
116.92MERCURY EMISSIONS REDUCTION.
116.921116.921 MULTISTATE CLEARINGHOUSE.
116.925ELECTRIC ENERGY; MERCURY EMISSIONS REPORT.
116.93LAMP RECYCLING FACILITIES.
116.94Repealed, 1995 c 247 art 1 s 67

SMALL BUSINESS ASSISTANCE

116.95CITATION.
116.96DEFINITIONS.
116.97SMALL BUSINESS AIR QUALITY COMPLIANCE ASSISTANCE PROGRAM.
116.98OMBUDSMAN FOR SMALL BUSINESS AIR QUALITY COMPLIANCE ASSISTANCE PROGRAM.
116.99SMALL BUSINESS AIR QUALITY COMPLIANCE ADVISORY COUNCIL.
116.991Repealed, 1997 c 216 s 160
116.992Repealed, 1997 c 216 s 160
116.993SMALL BUSINESS ENVIRONMENTAL IMPROVEMENT LOAN PROGRAM.
116.994SMALL BUSINESS ENVIRONMENTAL IMPROVEMENT LOAN ACCOUNTING.

GENERAL

116.01 POLICY.
To meet the variety and complexity of problems relating to water, air and land pollution in
the areas of the state affected thereby, and to achieve a reasonable degree of purity of water,
air and land resources of the state consistent with the maximum enjoyment and use thereof in
furtherance of the welfare of the people of the state, it is in the public interest that there be
established a Pollution Control Agency.
History: 1967 c 882 s 1; 1969 c 1046 s 1
116.011 ANNUAL POLLUTION REPORT.
A goal of the Pollution Control Agency is to reduce the amount of pollution that is emitted in
the state. By April 1 of each year, the Pollution Control Agency shall report the best estimate
of the agency of the total volume of water and air pollution that was emitted in the state in the
previous calendar year for which data are available. The agency shall report its findings for
both water and air pollution:
(1) in gross amounts, including the percentage increase or decrease over the previous
calendar year; and
(2) in a manner which will demonstrate the magnitude of the various sources of water and air
pollution.
History: 1995 c 247 art 1 s 36; 2001 c 187 s 3
116.02 POLLUTION CONTROL AGENCY, CREATION AND POWERS.
    Subdivision 1. Creation. A pollution control agency, designated as the Minnesota Pollution
Control Agency, is hereby created. The agency shall consist of the commissioner and eight
members appointed by the governor, by and with the advice and consent of the senate. One
of such members shall be a person knowledgeable in the field of agriculture and one shall be
representative of organized labor.
    Subd. 2. Terms, compensation, removal, vacancies. The membership terms, compensation,
removal of members, and filling of vacancies on the agency shall be as provided in section
15.0575.
    Subd. 3. Membership. The membership of the Pollution Control Agency shall be broadly
representative of the skills and experience necessary to effectuate the policy of sections 116.01 to
116.075, except that no member other than the commissioner shall be an officer or employee of
the state or federal government. Only two members at one time may be officials or employees
of a municipality or any governmental subdivision, but neither may be a member ex officio or
otherwise on the management board of a municipal sanitary sewage disposal system.
    Subd. 4. Chair. The commissioner shall serve as chair of the agency. The agency shall
elect such other officers as it deems necessary.
    Subd. 5. Agency is successor to commission. The Pollution Control Agency is the successor
of the Water Pollution Control Commission, and all powers and duties now vested in or imposed
upon said commission by chapter 115, or any act amendatory thereof or supplementary thereto,
are hereby transferred to, imposed upon, and vested in the Minnesota Pollution Control Agency,
except as to those matters pending before the commission in which hearings have been held and
evidence has been adduced. The Water Pollution Commission shall complete its action in such
pending matters not later than six months from May 26, 1967. The Water Pollution Control
Commission, as heretofore constituted, is hereby abolished, (a) effective upon completion of its
action in the pending cases, as hereinbefore provided for; or (b) six months from May 26, 1967,
whichever is the earlier.
    Subd. 6. Required decisions. The agency shall make final decisions on the following matters:
(1) a petition for the preparation of an environmental assessment worksheet, if the project
proposer or a person commenting on the proposal requests that the decision be made by the
agency and the agency requests that it make the decision under subdivision 8;
(2) the need for an environmental impact statement following preparation of an
environmental assessment worksheet under applicable rules, if:
(i) the agency has received a request for an environmental impact statement;
(ii) the project proposer or a person commenting on the proposal requests that the declaration
be made by the agency and the agency requests that it make the decision under subdivision 8; or
(iii) the commissioner is recommending preparation of an environmental impact statement;
(3) the scope and adequacy of environmental impact statements;
(4) issuance, reissuance, modification, or revocation of a permit if:
(i) a variance is sought in the permit application or a contested case hearing request is
pending; or
(ii) the permit applicant, the permittee, or a person commenting on the permit action requests
that the decision be made by the agency and the agency requests that it make the decision under
subdivision 8;
(5) final adoption or amendment of agency rules for which a public hearing is required under
section 14.25 or for which the commissioner decides to proceed directly to a public hearing
under section 14.14, subdivision 1;
(6) approval or denial of an application for a variance from an agency rule if:
(i) granting the variance request would change an air, soil, or water quality standard;
(ii) the commissioner has determined that granting the variance would have a significant
environmental impact; or
(iii) the applicant or a person commenting on the variance request requests that the decision
be made by the agency and the agency requests that it make the decision under subdivision 8; and
(7) whether to reopen, rescind, or reverse a decision of the agency.
    Subd. 7. Additional decisions. The commissioner may request that the agency make
additional decisions or provide advice to the commissioner.
    Subd. 8. Other actions. Any other action not specifically within the authority of the
commissioner shall be made by the agency if:
(1) prior to the commissioner's final decision on the action, one or more members of the
agency notify the commissioner of their request that the decision be made by the agency; or
(2) any person submits a petition to the commissioner requesting that the decision be made
by the agency and the commissioner grants the petition.
If the commissioner denies a petition submitted under clause (2), the commissioner shall
advise the agency and the petitioner of the reasons for the denial.
    Subd. 9. Informing public. The commissioner shall inform interested persons as appropriate
in public notices and other public documents of their right to request the agency to make
decisions in specific matters provided in subdivision 6 and the right of agency members to request
that decisions be made by the agency as provided in subdivision 8. The commissioner shall
also regularly inform the agency of activities that have broad policy implications or potential
environmental significance and of activities in which the public has exhibited substantial interest.
    Subd. 10. Changing decisions. (a) The agency must not reopen, rescind, or reverse a
decision of the agency except upon:
(1) the affirmative vote of two-thirds of the agency; or
(2) a finding that there was an irregularity in a hearing related to the decision, an error of law,
or a newly discovered material issue of fact.
(b) The requirements in paragraph (a) are minimum requirements and do not limit the
agency's authority under sections 14.06 and 116.07, subdivision 3, to adopt rules:
(1) applying the requirement in paragraph (a), clause (1) or (2), to certain decisions of
the agency; or
(2) establishing additional or more stringent requirements for reopening, rescinding, or
reversing decisions of the agency.
History: 1967 c 882 s 2; 1969 c 1038 s 1,2; 1973 c 35 s 27; 1976 c 134 s 25-27; 1980 c 509
s 26; 1Sp1981 c 4 art 1 s 73; 1986 c 444; 1995 c 168 s 7; 1996 c 348 s 1; 1996 c 405 s 1-5
116.03 COMMISSIONER.
    Subdivision 1. Office. (a) The office of commissioner of the Pollution Control Agency is
created and is under the supervision and control of the commissioner, who is appointed by the
governor under the provisions of section 15.06.
(b) The commissioner may appoint a deputy commissioner and assistant commissioners who
shall be in the unclassified service.
(c) The commissioner shall make all decisions on behalf of the agency that are not required
to be made by the agency under section 116.02.
    Subd. 2. Organization of office. The commissioner shall organize the agency and
employ such assistants and other officers, employees and agents as the commissioner may
deem necessary to discharge the functions of the commissioner's office, define the duties of
such officers, employees and agents, and delegate to them any of the commissioner's powers,
duties, and responsibilities, subject to the commissioner's control and under such conditions
as the commissioner may prescribe. The commissioner may also contract with, and enter into
grant agreements with, persons, firms, corporations, the federal government and any agency or
instrumentality thereof, the Water Research Center of the University of Minnesota or any other
instrumentality of such university, for doing any of the work of the commissioner's office. None
of the provisions of chapter 16C, relating to bids, shall apply to such contracts.
    Subd. 2a. Mission; efficiency. It is part of the agency's mission that within the agency's
resources the commissioner and the members of the agency shall endeavor to:
(1) prevent the waste or unnecessary spending of public money;
(2) use innovative fiscal and human resource practices to manage the state's resources and
operate the agency as efficiently as possible;
(3) coordinate the agency's activities wherever appropriate with the activities of other
governmental agencies;
(4) use technology where appropriate to increase agency productivity, improve customer
service, increase public access to information about government, and increase public participation
in the business of government;
(5) utilize constructive and cooperative labor-management practices to the extent otherwise
required by chapters 43A and 179A;
(6) report to the legislature on the performance of agency operations and the accomplishment
of agency goals in the agency's biennial budget according to section 16A.10, subdivision 1; and
(7) recommend to the legislature appropriate changes in law necessary to carry out the
mission and improve the performance of the agency.
    Subd. 3. Federal funds. The commissioner of the Pollution Control Agency is the state
agent to apply for, receive, and disburse federal funds made available to the state by federal law or
rules and regulations promulgated thereunder for any purpose related to the powers and duties
of the Pollution Control Agency or the commissioner. The commissioner shall comply with any
and all requirements of such federal law or such rules and regulations promulgated thereunder to
facilitate application for, receipt, and disbursement of such funds. All such moneys received by
the commissioner shall be deposited in the state treasury and are hereby annually appropriated
to the commissioner for the purposes for which they are received. None of such moneys in the
state treasury shall cancel and they shall be available for expenditure in accordance with the
requirements of federal law.
The provisions of section 3.3005 shall not apply to money available under the federal
Comprehensive Environmental Response, Compensation, and Liability Act of 1980, United
States Code, title 42, sections 9601 to 9657, for which a state match is not required or for which a
state match is available under the Environmental Response and Liability Act or from a political
subdivision. The receipt of the money shall be reported to the Legislative Advisory Commission.
    Subd. 4.[Repealed by amendment, 1996 c 405 s 6]
    Subd. 5.[Repealed by amendment, 1996 c 405 s 6]
    Subd. 6.[Repealed by amendment, 1996 c 405 s 6]
History: 1967 c 882 s 3; 1974 c 406 s 9; 1974 c 483 s 2; 1977 c 305 s 19,45; 1982 c 458 s 1;
1983 c 301 s 111; 1986 c 444; 1987 c 186 s 15; 1991 c 326 s 6; 1995 c 186 s 31; 1995 c 248 art
11 s 7; 1996 c 405 s 6; 1998 c 366 s 54; 1998 c 386 art 2 s 32; 2003 c 128 art 2 s 36
116.04 EXECUTIVE SECRETARY.
The commissioner of the Pollution Control Agency is the executive secretary and chief
executive officer of the Minnesota Pollution Control Agency and is responsible for performing
the executive duties of such agency prescribed by law.
History: 1967 c 882 s 4; 1987 c 186 s 15
116.05 COOPERATION.
    Subdivision 1. Other departments and agencies. All state departments and agencies are
hereby directed to cooperate with the Pollution Control Agency and its commissioner and assist
them in the performance of their duties, and are authorized to enter into necessary agreements
with the agency, and the Pollution Control Agency is authorized to cooperate and to enter into
necessary agreements with other departments and agencies of the state, with municipalities, with
other states, with the federal government and its agencies and instrumentalities, in the public
interest and in order to control pollution under this chapter and chapter 115.
    Subd. 2. Governor's order. Upon the request of the Pollution Control Agency the
governor may, by order, require any department or agency of the state to furnish such assistance
to the agency or its commissioner in the performance of its duties or in the exercise of the
commissioner's powers imposed by law, as the governor may, in the order, designate or specify;
and with the consent of the department or agency concerned, the governor may direct all or part
of the cost or expense for the amount of such assistance to be paid from the general fund or
appropriation in such amount as the governor may deem just and proper.
    Subd. 3. Air quality control regions. The Pollution Control Agency through its
commissioner may designate air quality control regions which shall as far as practical
follow regional boundaries designated by state statutes or executive order, and consider other
jurisdictional boundaries, urban-industrial concentrations and other factors including atmospheric
conditions and necessary procedures to provide adequate implementation of air quality standards.
Within a designated air quality control region the Pollution Control Agency may by contract
delegate its administrative powers to local governmental authorities to be exercised by such
authorities within the region and within their own jurisdictional boundaries.
Local governmental authorities which are delegated administrative powers shall have legal
authority to conduct such activities, and, in conducting such activities, may enter into contracts,
employ personnel, expend funds, acquire property and adopt ordinances for such purposes. Such
ordinances may include provisions establishing permit or license requirements and fees therefor.
With the approval of the Pollution Control Agency, local governmental authorities with
jurisdiction wholly or in part within a designated region may enter into an agreement as provided
by chapter 471 to exercise jointly all or some of the powers delegated by agreement with the
Pollution Control Agency. The term "local governmental authorities" as used herein includes
every city, county, town or other political subdivision and any agency of the state of Minnesota,
or subdivision thereof, having less than statewide jurisdiction.
History: 1967 c 882 s 5; 1969 c 1046 s 2; Ex1971 c 14 s 1; 1973 c 123 art 5 s 7; 1973 c
374 s 19; 1986 c 444; 1987 c 186 s 15; 1989 c 335 art 4 s 106
116.06 DEFINITIONS.
    Subdivision 1. Applicability. The definitions given in this section shall obtain for the
purposes of sections 116.01 to 116.075 except as otherwise expressly provided or indicated
by the context.
    Subd. 2. Air contaminant or air contamination. "Air contaminant" or "air contamination"
means the presence in the outdoor atmosphere of any dust, fume, mist, smoke, vapor, gas,
or other gaseous, fluid, or particulate substance differing in composition from or exceeding in
concentration the natural components of the atmosphere.
    Subd. 3.MS 1990 [Renumbered subd 4]
    Subd. 3. Air contaminant treatment facility or treatment facility. "Air contaminant
treatment facility" or "treatment facility" means any structure, work, equipment, machinery,
device, apparatus, or other means for treatment of an air contaminant or combination thereof to
prevent, abate, or control air pollution.
    Subd. 4.MS 1990 [Renumbered subd 9]
    Subd. 4. Air pollution. "Air pollution" means the presence in the outdoor atmosphere of any
air contaminant or combination thereof in such quantity, of such nature and duration, and under
such conditions as would be injurious to human health or welfare, to animal or plant life, or to
property, or to interfere unreasonably with the enjoyment of life or property.
    Subd. 4a. Animal unit. "Animal unit" means a unit of measure used to compare differences
in the production of animal manure that employs as a standard the amount of manure produced
on a regular basis by a slaughter steer or heifer for an animal feedlot or manure storage area
calculated by multiplying the number of animals of each type in clauses (1) to (9) by the
respective multiplication factor and summing the resulting values for the total number of animal
units. For purposes of this chapter, the following multiplication factors apply:
(1) one mature dairy cow, whether milked or dry:
(i) over 1,000 pounds, 1.4 animal units; or
(ii) under 1,000 pounds, 1.0 animal unit;
(2) one cow and calf pair, 1.2 units;
(3) one calf, 0.2 unit;
(4) one slaughter steer, 1.0 animal unit;
(5) head of feeder cattle or heifer, 0.7 unit;
(6) one head of swine:
(i) over 300 pounds, 0.4 animal unit;
(ii) between 55 pounds and 300 pounds, 0.3 animal unit; and
(iii) under 55 pounds, 0.05 animal unit;
(7) one horse, 1.0 animal unit;
(8) one sheep or lamb, 0.1 animal unit;
(9) one chicken:
(i) one laying hen or broiler, if the facility has a liquid manure system, 0.033 animal unit; or
(ii) one chicken if the facility has a dry manure system:
(A) over five pounds, 0.005 animal unit; or
(B) under five pounds, 0.003 animal unit;
(10) one turkey:
(i) over five pounds, 0.018 animal unit; or
(ii) under five pounds, 0.005 animal unit;
(11) one duck, 0.01 animal unit; and
(12) for animals not listed in clauses (1) to (8), the number of animal units is the average
weight of the animal in pounds divided by 1,000 pounds.
    Subd. 5.MS 1990 [Renumbered subd 10]
    Subd. 5. Assistant commissioner. "Assistant commissioner" means the assistant
commissioner of the Minnesota Pollution Control Agency.
    Subd. 6.MS 1990 [Renumbered subd 3]
    Subd. 6. Collection. "Collection" of waste has the meaning given it in section 115A.03.
    Subd. 7.MS 1990 [Renumbered subd 18]
    Subd. 7. Deputy commissioner. "Deputy commissioner" means the deputy commissioner
of the Minnesota Pollution Control Agency.
    Subd. 8.MS 1990 [Renumbered subd 17]
    Subd. 8. Disposal. "Disposal" of waste has the meaning given it in section 115A.03.
    Subd. 9.MS 1990 [Renumbered subd 14]
    Subd. 9. Emission. "Emission" means a release or discharge into the outdoor atmosphere of
any air contaminant or combination thereof.
    Subd. 9a.[Renumbered subd 23]
    Subd. 9b.[Renumbered subd 24]
    Subd. 9c.[Renumbered subd 6]
    Subd. 9d.[Renumbered subd 19]
    Subd. 9e.[Renumbered subd 8]
    Subd. 9f.[Renumbered subd 12]
    Subd. 9g.[Renumbered subd 13]
    Subd. 9h.[Renumbered subd 20]
    Subd. 9i.[Renumbered subd 21]
    Subd. 10.MS 1990 [Renumbered subd 22]
    Subd. 10. Emission facility. "Emission facility" means any structure, work, equipment,
machinery, device, apparatus, or other means whereby an emission is caused to occur.
    Subd. 11.MS 1990 [Renumbered subd 15]
    Subd. 11. Hazardous waste. "Hazardous waste" means any refuse, sludge, or other waste
material or combinations of refuse, sludge or other waste materials in solid, semisolid, liquid, or
contained gaseous form which because of its quantity, concentration, or chemical, physical, or
infectious characteristics may (a) cause or significantly contribute to an increase in mortality or
an increase in serious irreversible, or incapacitating reversible illness; or (b) pose a substantial
present or potential hazard to human health or the environment when improperly treated,
stored, transported, or disposed of, or otherwise managed. Categories of hazardous waste
materials include, but are not limited to: explosives, flammables, oxidizers, poisons, irritants, and
corrosives. Hazardous waste does not include source, special nuclear, or by-product material as
defined by the Atomic Energy Act of 1954, as amended.
    Subd. 12.MS 1990 [Renumbered subd 16]
    Subd. 12. Intrinsic hazard. "Intrinsic hazard" of a waste has the meaning given it in section
115A.03.
    Subd. 13.MS 1990 [Renumbered subd 11]
    Subd. 13. Intrinsic suitability. "Intrinsic suitability" of a land area or site has the meaning
given it in section 115A.03.
    Subd. 14.MS 1990 [Renumbered subd 7]
    Subd. 14. Land pollution. "Land pollution" means the presence in or on the land of any
waste in such quantity, of such nature and duration, and under such condition as would affect
injuriously any waters of the state, create air contaminants or cause air pollution.
    Subd. 15.MS 1990 [Renumbered subd 5]
    Subd. 15. Noise. "Noise" means any sound not occurring in the natural environment,
including, but not limited to, sounds emanating from aircraft and highways, and industrial,
commercial, and residential sources.
    Subd. 16. Noise pollution. "Noise pollution" means the presence in the outdoor atmosphere
of any noise or combination of noises in such quantity, at such levels, of such nature and duration
or under such conditions as could potentially be injurious to human health or welfare, to animal or
plant life, or to property, or could interfere unreasonably with the enjoyment of life or property.
    Subd. 17. Person. "Person" means any human being, any municipality or other governmental
or political subdivision or other public agency, any public or private corporation, any partnership,
firm, association, or other organization, any receiver, trustee, assignee, agent, or other legal
representative of any of the foregoing, or any other legal entity, but does not include the Pollution
Control Agency.
    Subd. 18. Potential air contaminant storage facility or storage facility. "Potential air
contaminant storage facility" or "storage facility" means any structure, work, equipment, device,
apparatus, tank, container, or other means for the storage or confinement, either stationary or in
transit, of any substance which, if released or discharged into the outdoor atmosphere, might
cause air contamination or air pollution.
    Subd. 19. Processing. "Processing" of waste has the meaning given it in section 115A.03.
    Subd. 20. Sewage sludge. "Sewage sludge" has the meaning given it in section 115A.03.
    Subd. 21. Sludge. "Sludge" means any solid, semisolid, or liquid waste generated from a
municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or
air contaminant treatment facility, or any other waste having similar characteristics and effects.
    Subd. 22. Solid waste. "Solid waste" means garbage, refuse, sludge from a water supply
treatment plant or air contaminant treatment facility, and other discarded waste materials and
sludges, in solid, semisolid, liquid, or contained gaseous form, resulting from industrial,
commercial, mining, and agricultural operations, and from community activities, but does not
include hazardous waste; animal waste used as fertilizer; earthen fill, boulders, rock; sewage
sludge; solid or dissolved material in domestic sewage or other common pollutants in water
resources, such as silt, dissolved or suspended solids in industrial wastewater effluents or
discharges which are point sources subject to permits under section 402 of the Federal Water
Pollution Control Act, as amended, dissolved materials in irrigation return flows; or source,
special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended.
    Subd. 23. Waste. "Waste" has the meaning given it in section 115A.03.
    Subd. 24. Waste management. "Waste management" has the meaning given it in section
115A.03.
History: 1967 c 882 s 6; 1969 c 1046 s 3,4; 1971 c 727 s 1,2; 1973 c 35 s 29; 1974 c 346 s
1; 1974 c 483 s 3,4; 1980 c 564 art 11 s 1-4; 1Sp1981 c 4 art 1 s 74; 1983 c 373 s 42,43; 1987 c
186 s 15; 2000 c 435 s 3
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
116.07 POWERS AND DUTIES.
    Subdivision 1. Generally. In addition to any powers or duties otherwise prescribed by law
and without limiting the same, the Pollution Control Agency shall have the powers and duties
hereinafter specified.
    Subd. 2. Adoption of standards. The Pollution Control Agency shall improve air quality by
promoting, in the most practicable way possible, the use of energy sources and waste disposal
methods which produce or emit the least air contaminants consistent with the agency's overall
goal of reducing all forms of pollution. The agency shall also adopt standards of air quality,
including maximum allowable standards of emission of air contaminants from motor vehicles,
recognizing that due to variable factors, no single standard of purity of air is applicable to all areas
of the state. In adopting standards the Pollution Control Agency shall give due recognition to the
fact that the quantity or characteristics of air contaminants or the duration of their presence in the
atmosphere, which may cause air pollution in one area of the state, may cause less or not cause
any air pollution in another area of the state, and it shall take into consideration in this connection
such factors, including others which it may deem proper, as existing physical conditions, zoning
classifications, topography, prevailing wind directions and velocities, and the fact that a standard
of air quality which may be proper as to an essentially residential area of the state, may not be
proper as to a highly developed industrial area of the state. Such standards of air quality shall be
premised upon scientific knowledge of causes as well as effects based on technically substantiated
criteria and commonly accepted practices. No local government unit shall set standards of air
quality which are more stringent than those set by the Pollution Control Agency.
The Pollution Control Agency shall promote solid waste disposal control by encouraging
the updating of collection systems, elimination of open dumps, and improvements in incinerator
practices. The agency shall also adopt standards for the control of the collection, transportation,
storage, processing, and disposal of solid waste and sewage sludge for the prevention and
abatement of water, air, and land pollution, recognizing that due to variable factors, no single
standard of control is applicable to all areas of the state. In adopting standards, the Pollution
Control Agency shall give due recognition to the fact that elements of control which may be
reasonable and proper in densely populated areas of the state may be unreasonable and improper
in sparsely populated or remote areas of the state, and it shall take into consideration in this
connection such factors, including others which it may deem proper, as existing physical
conditions, topography, soils and geology, climate, transportation, and land use. Such standards of
control shall be premised on technical criteria and commonly accepted practices.
The Pollution Control Agency shall also adopt standards describing the maximum levels of
noise in terms of sound pressure level which may occur in the outdoor atmosphere, recognizing
that due to variable factors no single standard of sound pressure is applicable to all areas of
the state. Such standards shall give due consideration to such factors as the intensity of noises,
the types of noises, the frequency with which noises recur, the time period for which noises
continue, the times of day during which noises occur, and such other factors as could affect the
extent to which noises may be injurious to human health or welfare, animal or plant life, or
property, or could interfere unreasonably with the enjoyment of life or property. In adopting
standards, the Pollution Control Agency shall give due recognition to the fact that the quantity
or characteristics of noise or the duration of its presence in the outdoor atmosphere, which may
cause noise pollution in one area of the state, may cause less or not cause any noise pollution
in another area of the state, and it shall take into consideration in this connection such factors,
including others which it may deem proper, as existing physical conditions, zoning classifications,
topography, meteorological conditions and the fact that a standard which may be proper in an
essentially residential area of the state, may not be proper as to a highly developed industrial
area of the state. Such noise standards shall be premised upon scientific knowledge as well as
effects based on technically substantiated criteria and commonly accepted practices. No local
governing unit shall set standards describing the maximum levels of sound pressure which are
more stringent than those set by the Pollution Control Agency.
The Pollution Control Agency shall adopt standards for the identification of hazardous waste
and for the management, identification, labeling, classification, storage, collection, transportation,
processing, and disposal of hazardous waste, recognizing that due to variable factors, a single
standard of hazardous waste control may not be applicable to all areas of the state. In adopting
standards, the Pollution Control Agency shall recognize that elements of control which may be
reasonable and proper in densely populated areas of the state may be unreasonable and improper
in sparsely populated or remote areas of the state. The agency shall consider existing physical
conditions, topography, soils, and geology, climate, transportation and land use. Standards of
hazardous waste control shall be premised on technical knowledge, and commonly accepted
practices. Hazardous waste generator licenses may be issued for a term not to exceed five years.
No local government unit shall set standards of hazardous waste control which are in conflict or
inconsistent with those set by the Pollution Control Agency.
A person who generates less than 100 kilograms of hazardous waste per month is exempt
from the following agency hazardous waste rules:
(1) rules relating to transportation, manifesting, storage, and labeling for photographic fixer
and X-ray negative wastes that are hazardous solely because of silver content; and
(2) any rule requiring the generator to send to the agency or commissioner a copy of each
manifest for the transportation of hazardous waste for off-site treatment, storage, or disposal,
except that counties within the metropolitan area may require generators to provide manifests.
Nothing in this paragraph exempts the generator from the agency's rules relating to on-site
accumulation or outdoor storage. A political subdivision or other local unit of government may
not adopt management requirements that are more restrictive than this paragraph.
    Subd. 2a. Exemptions from standards. No standards adopted by any state agency for
limiting levels of noise in terms of sound pressure which may occur in the outdoor atmosphere
shall apply to (1) segments of trunk highways constructed with federal interstate substitution
money, provided that all reasonably available noise mitigation measures are employed to abate
noise, (2) an existing or newly constructed segment of a highway, provided that all reasonably
available noise mitigation measures, as approved by the commissioners of the Department of
Transportation and Pollution Control Agency, are employed to abate noise, (3) except for the
cities of Minneapolis and St. Paul, an existing or newly constructed segment of a road, street,
or highway under the jurisdiction of a road authority of a town, statutory or home rule charter
city, or county, except for roadways for which full control of access has been acquired, (4) skeet,
trap or shooting sports clubs, or (5) motor vehicle race events conducted at a facility specifically
designed for that purpose that was in operation on or before July 1, 1996. Nothing herein shall
prohibit a local unit of government or a public corporation with the power to make rules for
the government of its real property from regulating the location and operation of skeet, trap or
shooting sports clubs, or motor vehicle race events conducted at a facility specifically designed
for that purpose that was in operation on or before July 1, 1996.
    Subd. 2b. PCB waste; oil-filled electric equipment. (a) A person who generates waste
containing greater than 50 parts per million PCB which is subject to the federal requirements for
the management of waste under Code of Federal Regulations, title 40, part 761, is also subject to
state hazardous waste requirements for proper disposal, licensing, and fees. PCB small capacitors
and lighting ballasts are also subject to state on-site accumulation requirements.
(b) PCB waste associated with oil-filled electric equipment voluntarily disposed of or
retrofilled prior to the end of its service life is eligible for a waiver from annual hazardous waste
fees. To be eligible for the waiver, a generator and the commissioner must execute a voluntary PCB
phase-out agreement, and before relicensing, the generator must demonstrate performance of the
agreement. The PCB phase-out agreement must include a description of specific goals, activities
to be performed to achieve the goals, phase-out criteria, and a schedule for implementation.
(c) For the purpose of this subdivision, "PCB" has the meaning given in section 116.36.
    Subd. 3. Administrative rules. Pursuant and subject to the provisions of chapter 14, and the
provisions hereof, the Pollution Control Agency may adopt, amend, and rescind rules governing
its own administration and procedure and its staff and employees.
    Subd. 4. Rules and standards. Pursuant and subject to the provisions of chapter 14, and the
provisions hereof, the Pollution Control Agency may adopt, amend and rescind rules and standards
having the force of law relating to any purpose within the provisions of Laws 1967, chapter 882,
for the prevention, abatement, or control of air pollution. Any such rule or standard may be of
general application throughout the state, or may be limited as to times, places, circumstances,
or conditions in order to make due allowance for variations therein. Without limitation, rules or
standards may relate to sources or emissions of air contamination or air pollution, to the quality or
composition of such emissions, or to the quality of or composition of the ambient air or outdoor
atmosphere or to any other matter relevant to the prevention, abatement, or control of air pollution.
Pursuant and subject to the provisions of chapter 14, and the provisions hereof, the Pollution
Control Agency may adopt, amend, and rescind rules and standards having the force of law
relating to any purpose within the provisions of Laws 1969, chapter 1046, for the collection,
transportation, storage, processing, and disposal of solid waste and the prevention, abatement,
or control of water, air, and land pollution which may be related thereto, and the deposit in or
on land of any other material that may tend to cause pollution. The agency shall adopt such
rules and standards for sewage sludge, addressing the intrinsic suitability of land, the volume
and rate of application of sewage sludge of various degrees of intrinsic hazard, design of
facilities, and operation of facilities and sites. Any such rule or standard may be of general
application throughout the state or may be limited as to times, places, circumstances, or conditions
in order to make due allowance for variations therein. Without limitation, rules or standards
may relate to collection, transportation, processing, disposal, equipment, location, procedures,
methods, systems or techniques or to any other matter relevant to the prevention, abatement or
control of water, air, and land pollution which may be advised through the control of collection,
transportation, processing, and disposal of solid waste and sewage sludge, and the deposit in or on
land of any other material that may tend to cause pollution. By January 1, 1983, the rules for the
management of sewage sludge shall include an analysis of the sewage sludge determined by the
commissioner of agriculture to be necessary to meet the soil amendment labeling requirements
of section 18C.215.
Pursuant and subject to the provisions of chapter 14, and the provisions hereof, the Pollution
Control Agency may adopt, amend and rescind rules and standards having the force of law
relating to any purpose within the provisions of Laws 1971, chapter 727, for the prevention,
abatement, or control of noise pollution. Any such rule or standard may be of general application
throughout the state, or may be limited as to times, places, circumstances or conditions in order to
make due allowances for variations therein. Without limitation, rules or standards may relate to
sources or emissions of noise or noise pollution, to the quality or composition of noises in the
natural environment, or to any other matter relevant to the prevention, abatement, or control of
noise pollution.
As to any matters subject to this chapter, local units of government may set emission
regulations with respect to stationary sources which are more stringent than those set by the
Pollution Control Agency.
Pursuant to chapter 14, the Pollution Control Agency may adopt, amend, and rescind rules
and standards having the force of law relating to any purpose within the provisions of this chapter
for generators of hazardous waste, the management, identification, labeling, classification,
storage, collection, treatment, transportation, processing, and disposal of hazardous waste and the
location of hazardous waste facilities. A rule or standard may be of general application throughout
the state or may be limited as to time, places, circumstances, or conditions. In implementing its
hazardous waste rules, the Pollution Control Agency shall give high priority to providing planning
and technical assistance to hazardous waste generators. The agency shall assist generators
in investigating the availability and feasibility of both interim and long-term hazardous waste
management methods. The methods shall include waste reduction, waste separation, waste
processing, resource recovery, and temporary storage.
The Pollution Control Agency shall give highest priority in the consideration of permits
to authorize disposal of diseased shade trees by open burning at designated sites to evidence
concerning economic costs of transportation and disposal of diseased shade trees by alternative
methods.
    Subd. 4a. Permits. (a) The Pollution Control Agency may issue, continue in effect or deny
permits, under such conditions as it may prescribe for the prevention of pollution, for the emission
of air contaminants, or for the installation or operation of any emission facility, air contaminant
treatment facility, treatment facility, potential air contaminant storage facility, or storage facility,
or any part thereof, or for the sources or emissions of noise pollution.
The Pollution Control Agency may also issue, continue in effect or deny permits, under
such conditions as it may prescribe for the prevention of pollution, for the storage, collection,
transportation, processing, or disposal of waste, or for the installation or operation of any system
or facility, or any part thereof, related to the storage, collection, transportation, processing, or
disposal of waste.
The Pollution Control Agency may revoke or modify any permit issued under this
subdivision and section 116.081 whenever it is necessary, in the opinion of the agency, to prevent
or abate pollution.
(b) The Pollution Control Agency has the authority for approval over the siting, expansion,
or operation of a solid waste facility with regard to environmental issues. However, the agency's
issuance of a permit does not release the permittee from any liability, penalty, or duty imposed
by any applicable county ordinances. Nothing in this chapter precludes, or shall be construed
to preclude, a county from enforcing land use controls, regulations, and ordinances existing at
the time of the permit application and adopted pursuant to sections 366.10 to 366.181, 394.21
to 394.37, or 462.351 to 462.365, with regard to the siting, expansion, or operation of a solid
waste facility.
    Subd. 4b. Permits; hazardous waste facilities. (a) Except as otherwise provided in sections
115A.18 to 115A.30, the agency shall commence any environmental review required under
chapter 116D within 120 days of its acceptance of a completed permit application. The agency
shall respond to a permit application for a hazardous waste facility within 120 days following a
decision not to prepare environmental documents or following the acceptance of a negative
declaration notice or an environmental impact statement. Except as otherwise provided in sections
115A.18 to 115A.30, within 60 days following the submission of a final permit application for a
hazardous waste facility, unless a time extension is agreed to by the applicant, the agency shall
issue or deny all permits needed for the construction of the proposed facility.
(b) The agency shall promulgate rules pursuant to chapter 14 for all hazardous waste
facilities. The rules shall require:
(1) contingency plans for all hazardous waste facilities which provide for effective
containment and control in any emergency condition;
(2) the establishment of a mechanism to assure that money to cover the costs of closure and
postclosure monitoring and maintenance of hazardous waste facilities will be available;
(3) the maintenance of liability insurance by the owner or operator of hazardous waste
facilities during the operating life of the facility.
    Subd. 4c.[Repealed, 1983 c 373 s 72]
    Subd. 4d. Permit fees. (a) The agency may collect permit fees in amounts not greater
than those necessary to cover the reasonable costs of developing, reviewing, and acting
upon applications for agency permits and implementing and enforcing the conditions of the
permits pursuant to agency rules. Permit fees shall not include the costs of litigation. The fee
schedule must reflect reasonable and routine direct and indirect costs associated with permitting,
implementation, and enforcement. The agency may impose an additional enforcement fee to be
collected for a period of up to two years to cover the reasonable costs of implementing and
enforcing the conditions of a permit under the rules of the agency. Any money collected under
this paragraph shall be deposited in the environmental fund.
(b) Notwithstanding paragraph (a), the agency shall collect an annual fee from the owner or
operator of all stationary sources, emission facilities, emissions units, air contaminant treatment
facilities, treatment facilities, potential air contaminant storage facilities, or storage facilities
subject to the requirement to obtain a permit under subchapter V of the federal Clean Air Act,
United States Code, title 42, section 7401 et seq., or section 116.081. The annual fee shall be used
to pay for all direct and indirect reasonable costs, including attorney general costs, required to
develop and administer the permit program requirements of subchapter V of the federal Clean
Air Act, United States Code, title 42, section 7401 et seq., and sections of this chapter and the
rules adopted under this chapter related to air contamination and noise. Those costs include
the reasonable costs of reviewing and acting upon an application for a permit; implementing
and enforcing statutes, rules, and the terms and conditions of a permit; emissions, ambient,
and deposition monitoring; preparing generally applicable regulations; responding to federal
guidance; modeling, analyses, and demonstrations; preparing inventories and tracking emissions;
and providing information to the public about these activities.
(c) The agency shall set fees that:
(1) will result in the collection, in the aggregate, from the sources listed in paragraph (b),
of an amount not less than $25 per ton of each volatile organic compound; pollutant regulated
under United States Code, title 42, section 7411 or 7412 (section 111 or 112 of the federal Clean
Air Act); and each pollutant, except carbon monoxide, for which a national primary ambient air
quality standard has been promulgated;
(2) may result in the collection, in the aggregate, from the sources listed in paragraph (b),
of an amount not less than $25 per ton of each pollutant not listed in clause (1) that is regulated
under this chapter or air quality rules adopted under this chapter; and
(3) shall collect, in the aggregate, from the sources listed in paragraph (b), the amount
needed to match grant funds received by the state under United States Code, title 42, section
7405 (section 105 of the federal Clean Air Act).
The agency must not include in the calculation of the aggregate amount to be collected under
clauses (1) and (2) any amount in excess of 4,000 tons per year of each air pollutant from a source.
The increase in air permit fees to match federal grant funds shall be a surcharge on existing fees.
The commissioner may not collect the surcharge after the grant funds become unavailable. In
addition, the commissioner shall use nonfee funds to the extent practical to match the grant
funds so that the fee surcharge is minimized.
(d) To cover the reasonable costs described in paragraph (b), the agency shall provide in the
rules promulgated under paragraph (c) for an increase in the fee collected in each year by the
percentage, if any, by which the Consumer Price Index for the most recent calendar year ending
before the beginning of the year the fee is collected exceeds the Consumer Price Index for the
calendar year 1989. For purposes of this paragraph the Consumer Price Index for any calendar
year is the average of the Consumer Price Index for all-urban consumers published by the United
States Department of Labor, as of the close of the 12-month period ending on August 31 of
each calendar year. The revision of the Consumer Price Index that is most consistent with the
Consumer Price Index for calendar year 1989 shall be used.
(e) Any money collected under paragraphs (b) to (d) must be deposited in the environmental
fund and must be used solely for the activities listed in paragraph (b).
(f) Persons who wish to construct or expand a facility may offer to reimburse the agency
for the costs of staff overtime or consultant services needed to expedite permit review. The
reimbursement shall be in addition to fees imposed by law. When the agency determines that it
needs additional resources to review the permit application in an expedited manner, and that
expediting the review would not disrupt permitting program priorities, the agency may accept the
reimbursement. Reimbursements accepted by the agency are appropriated to the agency for the
purpose of reviewing the permit application. Reimbursement by a permit applicant shall precede
and not be contingent upon issuance of a permit and shall not affect the agency's decision on
whether to issue or deny a permit, what conditions are included in a permit, or the application of
state and federal statutes and rules governing permit determinations.
(g) The fees under this subdivision are exempt from section 16A.1285.
    Subd. 4e. Hazardous waste processing facilities; agreements; financial responsibility.
When the agency issues a permit for a facility for the processing of hazardous waste, the agency
may approve as a condition of the permit an agreement by which the permittee indemnifies the
generators of hazardous waste accepted by the facility for part or all of any liability which may
accrue to the generators as a result of a release or threatened release of a hazardous waste from
the facility. The agency may approve an agreement under this subdivision only if the agency
determines that the permittee has demonstrated financial responsibility to carry out the agreement
during the term of the permit. If a generator of hazardous waste accepted by a permitted
processing facility is held liable for costs or damages arising out of a release of a hazardous waste
from the facility, and the permittee is subject to an agreement approved under this subdivision, the
generator is liable to the extent that the costs or damages were not paid under this agreement.
    Subd. 4f. Closure and postclosure responsibility and liability. An operator or owner of a
facility is responsible for closure of the facility and postclosure care relating to the facility. If an
owner or operator has failed to provide the required closure or postclosure care of the facility
the agency may take the actions. The owner or operator is liable for the costs of the required
closure and postclosure care taken by the agency.
    Subd. 4g. Closure and postclosure rules. The agency shall adopt rules establishing
requirements for the closure of solid waste disposal facilities and for the postclosure care of closed
facilities. The rules apply to all solid waste disposal facilities in operation at the time the rules are
effective. The rules must provide standards and procedures for closing disposal facilities and for
the care, maintenance, and monitoring of the facilities after closure that will prevent, mitigate, or
minimize the threat to public health and the environment posed by closed disposal facilities.
    Subd. 4h. Financial responsibility rules. (a) The agency shall adopt rules requiring the
operator or owner of a solid waste disposal facility to submit to the agency proof of the operator's
or owner's financial capability to provide reasonable and necessary response during the operating
life of the facility and for 30 years after closure for a mixed municipal solid waste disposal
facility or for a minimum of 20 years after closure, as determined by agency rules, for any other
solid waste disposal facility, and to provide for the closure of the facility and postclosure care
required under agency rules. Proof of financial responsibility is required of the operator or owner
of a facility receiving an original permit or a permit for expansion after adoption of the rules.
Within 180 days of the effective date of the rules or by July 1, 1987, whichever is later, proof
of financial responsibility is required of an operator or owner of a facility with a remaining
capacity of more than five years or 500,000 cubic yards that is in operation at the time the rules
are adopted. Compliance with the rules and the requirements of paragraph (b) is a condition of
obtaining or retaining a permit to operate the facility.
(b) A municipality, as defined in section 475.51, subdivision 2, including a sanitary district,
that owns or operates a solid waste disposal facility that was in operation on May 15, 1989,
may meet its financial responsibility for all or a portion of the contingency action portion of
the reasonable and necessary response costs at the facility by pledging its full faith and credit
to meet its responsibility.
The pledge must be made in accordance with the requirements in chapter 475 for issuing
bonds of the municipality, and the following additional requirements:
(1) The governing body of the municipality shall enact an ordinance that clearly accepts
responsibility for the costs of contingency action at the facility and that reserves, during the
operating life of the facility and for the time period required in paragraph (a) after closure, a
portion of the debt limit of the municipality, as established under section 475.53 or other law, that
is equal to the total contingency action costs.
(2) The municipality shall require that all collectors that haul to the facility implement a plan
for reducing solid waste by using volume-based pricing, recycling incentives, or other means.
(3) When a municipality opts to meet a portion of its financial responsibility by relying on its
authority to issue bonds, it shall also begin setting aside in a dedicated long-term care trust fund
money that will cover a portion of the potential contingency action costs at the facility, the amount
to be determined by the agency for each facility based on at least the amount of waste deposited in
the disposal facility each year, and the likelihood and potential timing of conditions arising at the
facility that will necessitate response action. The agency may not require a municipality to set
aside more than five percent of the total cost in a single year.
(4) A municipality shall have and consistently maintain an investment grade bond rating as a
condition of using bonding authority to meet financial responsibility under this section.
(5) The municipality shall file with the commissioner of revenue its consent to have
the amount of its contingency action costs deducted from state aid payments otherwise due
the municipality and paid instead to the remediation fund created in section 116.155, if the
municipality fails to conduct the contingency action at the facility when ordered by the agency.
If the agency notifies the commissioner that the municipality has failed to conduct contingency
action when ordered by the agency, the commissioner shall deduct the amounts indicated by the
agency from the state aids in accordance with the consent filed with the commissioner.
(6) The municipality shall file with the agency written proof that it has complied with the
requirements of paragraph (b).
(c) The method for proving financial responsibility under paragraph (b) may not be applied
to a new solid waste disposal facility or to expansion of an existing facility, unless the expansion
is a vertical expansion. Vertical expansions of qualifying existing facilities cannot be permitted
for a duration of longer than three years.
    Subd. 4i. Civil penalties. The civil penalties of sections 115.071 and 116.072 apply to any
person in violation of the rules adopted under subdivision 4g or 4h.
    Subd. 4j. Permits; solid waste facilities. (a) The agency may not issue a permit for new or
additional capacity for a mixed municipal solid waste resource recovery or disposal facility as
defined in section 115A.03 unless each county using or projected in the permit to use the facility
has in place a solid waste management plan approved under section 115A.46 or 473.803 and
amended as required by section 115A.96, subdivision 6. The agency shall issue the permit only if
the capacity of the facility is consistent with the needs for resource recovery or disposal capacity
identified in the approved plan or plans. Consistency must be determined by the Pollution Control
Agency. Plans approved before January 1, 1990, need not be revised if the capacity sought in the
permit is consistent with the approved plan or plans.
(b) The agency shall require as part of the permit application for a waste incineration
facility identification of preliminary plans for ash management and ash leachate treatment or ash
utilization. The permit issued by the agency must include requirements for ash management
and ash leachate treatment.
(c) Within 30 days of receipt by the agency of a permit application for a solid waste facility,
the commissioner shall notify the applicant in writing whether the application is complete and if
not, what items are needed to make it complete, and shall give an estimate of the time it will take
to process the application. Within 180 days of receipt of a completed application, the agency shall
approve, disapprove, or delay decision on the application, with reasons for the delay, in writing.
    Subd. 4k. Household hazardous waste and other problem materials management. (a)
The agency shall adopt rules to require the owner or operator of a solid waste disposal facility or
resource recovery facility to submit to the agency and to each county using or projected to use the
facility a management plan for the separation of household hazardous waste and other problem
materials from solid waste prior to disposal or processing and for the proper management of the
waste. The rules must require that the plan be developed in coordination with each county using,
or projected to use, the facility. The plan must not be inconsistent with the plan developed under
section 115A.956, subdivision 2, and must include:
(1) identification of materials that are problem materials, as defined in section 115A.03,
subdivision 24a
, for the facility;
(2) participation in public education activities on management of household hazardous waste
and other problem materials in the facility's service area;
(3) a strategy for reduction of household hazardous waste and other problem materials
entering the facility; and
(4) a plan for the storage and proper management of separated household hazardous waste
and other problem materials.
(b) By September 30, 1992, the owner or operator of a facility shall implement the elements
of the plan required in paragraph (a) relating to household hazardous waste management. After
that date, the agency may not grant or renew a permit for a facility until the agency has:
(1) reviewed the elements of the facility's plan relating to household hazardous waste
management;
(2) directed the applicant or permittee to make changes to these elements as necessary to
comply with the plan requirements under paragraph (a); and
(3) included a requirement to implement the elements as a condition of the issued or renewed
permit.
(c) By September 30, 1993, the owner or operator of a facility shall implement the elements
of the plan required in paragraph (a) relating to problem materials management. After that date,
the agency may not grant or renew a permit for a facility until the agency has:
(1) reviewed the elements of the facility's plan relating to problem materials management;
(2) directed the applicant or permittee to make changes to these elements as necessary to
comply with the plan requirements under paragraph (a); and
(3) included a requirement to implement the elements as a condition of the issued or renewed
permit.
    Subd. 5. Variances. The Pollution Control Agency may grant variances from its rules as
provided in section 14.05, subdivision 4, in order to avoid undue hardship and to promote the
effective and reasonable application and enforcement of laws, rules, and standards for prevention,
abatement and control of water, air, noise, and land pollution. The variance rules shall provide for
notice and opportunity for hearing before a variance is granted.
A local government unit authorized by contract with the Pollution Control Agency pursuant
to section 116.05 to exercise administrative powers under this chapter may grant variances after
notice and public hearing from any ordinance, rule, or standard for prevention, abatement, or
control of water, air, noise and land pollution, adopted pursuant to said administrative powers and
under the provisions of this chapter.
    Subd. 6. Pollution Control Agency; exercise of powers. In exercising all its powers
the Pollution Control Agency shall give due consideration to the establishment, maintenance,
operation and expansion of business, commerce, trade, industry, traffic, and other economic
factors and other material matters affecting the feasibility and practicability of any proposed
action, including, but not limited to, the burden on a municipality of any tax which may result
therefrom, and shall take or provide for such action as may be reasonable, feasible, and practical
under the circumstances.
    Subd. 7. Counties; processing of applications for animal lot permits. Any Minnesota
county board may, by resolution, with approval of the Pollution Control Agency, assume
responsibility for processing applications for permits required by the Pollution Control Agency
under this section for livestock feedlots, poultry lots or other animal lots. The responsibility for
permit application processing, if assumed by a county, may be delegated by the county board to
any appropriate county officer or employee.
(a) For the purposes of this subdivision, the term "processing" includes:
(1) the distribution to applicants of forms provided by the Pollution Control Agency;
(2) the receipt and examination of completed application forms, and the certification, in
writing, to the Pollution Control Agency either that the animal lot facility for which a permit is
sought by an applicant will comply with applicable rules and standards, or, if the facility will not
comply, the respects in which a variance would be required for the issuance of a permit; and
(3) rendering to applicants, upon request, assistance necessary for the proper completion of
an application.
(b) For the purposes of this subdivision, the term "processing" may include, at the option of
the county board, issuing, denying, modifying, imposing conditions upon, or revoking permits
pursuant to the provisions of this section or rules promulgated pursuant to it, subject to review,
suspension, and reversal by the Pollution Control Agency. The Pollution Control Agency shall,
after written notification, have 15 days to review, suspend, modify, or reverse the issuance of the
permit. After this period, the action of the county board is final, subject to appeal as provided in
chapter 14. For permit applications filed after October 1, 2001, section 15.99 applies to feedlot
permits issued by the agency or a county pursuant to this subdivision.
(c) For the purpose of administration of rules adopted under this subdivision, the
commissioner and the agency may provide exceptions for cases where the owner of a feedlot has
specific written plans to close the feedlot within five years. These exceptions include waiving
requirements for major capital improvements.
(d) For purposes of this subdivision, a discharge caused by an extraordinary natural event
such as a precipitation event of greater magnitude than the 25-year, 24-hour event, tornado, or
flood in excess of the 100-year flood is not a "direct discharge of pollutants."
(e) In adopting and enforcing rules under this subdivision, the commissioner shall cooperate
closely with other governmental agencies.
(f) The Pollution Control Agency shall work with the Minnesota Extension Service, the
Department of Agriculture, the Board of Water and Soil Resources, producer groups, local units
of government, as well as with appropriate federal agencies such as the Natural Resources
Conservation Service and the Farm Service Agency, to notify and educate producers of rules
under this subdivision at the time the rules are being developed and adopted and at least every
two years thereafter.
(g) The Pollution Control Agency shall adopt rules governing the issuance and denial of
permits for livestock feedlots, poultry lots or other animal lots pursuant to this section. Pastures
are exempt from the rules authorized under this paragraph. A feedlot permit is not required for
livestock feedlots with more than ten but less than 50 animal units; provided they are not in
shoreland areas. A livestock feedlot permit does not become required solely because of a change
in the ownership of the buildings, grounds, or feedlot. These rules apply both to permits issued by
counties and to permits issued by the Pollution Control Agency directly.
(h) The Pollution Control Agency shall exercise supervising authority with respect to the
processing of animal lot permit applications by a county.
(i) Any new rules or amendments to existing rules proposed under the authority granted
in this subdivision, or to implement new fees on animal feedlots, must be submitted to the
members of legislative policy and finance committees with jurisdiction over agriculture and the
environment prior to final adoption. The rules must not become effective until 90 days after the
proposed rules are submitted to the members.
(j) Until new rules are adopted that provide for plans for manure storage structures, any plans
for a liquid manure storage structure must be prepared or approved by a registered professional
engineer or a United States Department of Agriculture, Natural Resources Conservation Service
employee.
(k) A county may adopt by ordinance standards for animal feedlots that are more stringent
than standards in Pollution Control Agency rules.
(l) After January 1, 2001, a county that has not accepted delegation of the feedlot permit
program must hold a public meeting prior to the agency issuing a feedlot permit for a feedlot
facility with 300 or more animal units, unless another public meeting has been held with regard to
the feedlot facility to be permitted.
(m) After the proposed rules published in the State Register, volume 24, number 25, are
finally adopted, the agency may not impose additional conditions as a part of a feedlot permit,
unless specifically required by law or agreed to by the feedlot operator.
(n) For the purposes of feedlot permitting, a discharge from land-applied manure or a manure
stockpile that is managed according to agency rule must not be subject to a fine for a discharge
violation.
(o) For the purposes of feedlot permitting, manure that is land applied, or a manure stockpile
that is managed according to agency rule, must not be considered a discharge into waters of the
state, unless the discharge is to waters of the state, as defined by section 103G.005, subdivision
17
, except type 1 or type 2 wetlands, as defined in section 103G.005, subdivision 17b, and does
not meet discharge standards established for feedlots under agency rule.
(p) Unless the upgrade is needed to correct an immediate public health threat under section
145A.04, subdivision 8, or the facility is determined to be a concentrated animal feeding operation
under Code of Federal Regulations, title 40, section 122.23, in effect on April 15, 2003, the
agency may not require a feedlot operator:
(1) to spend more than $3,000 to upgrade an existing feedlot with less than 300 animal
units unless cost-share money is available to the feedlot operator for 75 percent of the cost of
the upgrade; or
(2) to spend more than $10,000 to upgrade an existing feedlot with between 300 and 500
animal units, unless cost-share money is available to the feedlot operator for 75 percent of the cost
of the upgrade or $50,000, whichever is less.
(q) For the purposes of this section, "pastures" means areas, including winter feeding areas
as part of a grazing area, where grass or other growing plants are used for grazing and where the
concentration of animals allows a vegetative cover to be maintained during the growing season
except that vegetative cover is not required:
(1) in the immediate vicinity of supplemental feeding or watering devices;
(2) in associated corrals and chutes where livestock are gathered for the purpose of sorting,
veterinary services, loading and unloading trucks and trailers, and other necessary activities
related to good animal husbandry practices; and
(3) in associated livestock access lanes used to convey livestock to and from areas of the
pasture.
    Subd. 7a. Notice of application for livestock feedlot permit. (a) A person who applies to
the Pollution Control Agency or a county board for a permit to construct or expand a feedlot with
a capacity of 500 animal units or more shall, not less than 20 business days before the date on
which a permit is issued, provide notice to each resident and each owner of real property within
5,000 feet of the perimeter of the proposed feedlot. The notice may be delivered by first class
mail, in person, or by the publication in a newspaper of general circulation within the affected area
and must include information on the type of livestock and the proposed capacity of the feedlot.
Notification under this subdivision is satisfied under an equal or greater notification requirement
of a county or town permit process. A person must also send a copy of the notice by first class
mail to the clerk of the town in which the feedlot is proposed not less than 20 business days
before the date on which a permit is issued.
(b) The agency or a county board must verify that notice was provided as required under
paragraph (a) prior to issuing a permit.
    Subd. 7b. Feedlot inventory notification and public meeting requirements. (a) Any state
agency or local government unit conducting an inventory or survey of livestock feedlots under its
jurisdiction must publicize notice of the inventory in a newspaper of general circulation in the
affected area and in other media as appropriate. The notice must state the dates the inventory will
be conducted, the information that will be requested in the inventory, and how the information
collected will be provided to the public. The notice must also specify the date for a public meeting
to provide information regarding the inventory.
(b) A local government unit conducting an inventory or survey of livestock feedlots under
its jurisdiction must hold at least one public meeting within the boundaries of the jurisdiction
of the local unit of government, prior to beginning the inventory. A state agency conducting a
survey of livestock feedlots must hold at least four public meetings outside of the seven-county
Twin Cities metropolitan area, prior to beginning the inventory. The public meeting must provide
information concerning the dates the inventory will be conducted, the procedure the agency or
local unit of government will use to request the information to be included in the inventory, and
how the information collected will be provided to the public.
    Subd. 7c. NPDES permitting requirements. (a) The agency must issue national pollutant
discharge elimination system permits for feedlots with 1,000 animal units or more and that meet
the definition of a "concentrated animal feeding operation" in Code of Federal Regulations, title
40, section 122.23, based on the following:
(1) a permit for a newly constructed or expanded animal feedlot that is identified as a
priority by the commissioner, using criteria established under paragraph (d), must be issued as
an individual permit;
(2) after January 1, 2001, an existing feedlot that is identified as a priority by the
commissioner, using criteria established under paragraph (e) must be issued as an individual
permit; and
(3) the agency must issue a general national pollutant discharge elimination system permit
for animal feedlots that are not identified under clause (1) or (2).
(b) Prior to the issuance of a general national pollutant discharge elimination system permit
for a category of animal feedlot facility permittees, the agency must hold at least one public
hearing on the permit issuance.
(c) To the extent practicable, the agency must include a public notice and comment period
for an individual national pollutant discharge elimination system permit concurrent with any
public notice and comment for:
(1) the purpose of environmental review of the same facility under chapter 116D; or
(2) the purpose of obtaining a conditional use permit from a local unit of government where
the local government unit is the responsible governmental unit for purposes of environmental
review under chapter 116D.
(d) The commissioner, in consultation with the Feedlot and Manure Management Advisory
Committee, created under section 17.136, and other interested parties must develop criteria for
determining whether an individual national pollutant discharge elimination system permit is
required under paragraph (a), clause (1). The criteria must be based on proximity to waters of the
state, facility design, and other site-specific environmental factors.
(e) The commissioner, in consultation with the Feedlot and Manure Management Advisory
Committee, created under section 17.136, and other interested parties must develop criteria
for determining whether an individual national pollutant discharge elimination system permit
is required for an existing animal feedlot, under paragraph (a), clause (2). The criteria must be
based on violations and other compliance problems at the facility.
(f) The commissioner, in consultation with the Feedlot and Manure Management Advisory
Committee, created under section 17.136, and other interested parties must develop criteria
for determining when an individual national pollutant discharge elimination system permit is
transferred from individual to general permit status.
(g) Notwithstanding the provisions in paragraph (a), until January 1, 2001, the commissioner
may issue an individual national pollutant discharge elimination system permit for an animal
feedlot. After the general permit is issued and the criteria under paragraphs (d) and (e) are
developed, individual permits issued pursuant to this paragraph that do not fit the criteria for an
individual permit under the applicable provisions of paragraph (d) or (e) must be transferred to
general permit status.
(h) The commissioner, in consultation with the Feedlot and Manure Management Advisory
Committee, created under section 17.136, and other interested parties must develop criteria for
determining which feedlots are required to apply for and obtain a national pollutant discharge
elimination system permit and which feedlots are required to apply for and obtain a state disposal
system permit based upon the actual or potential to discharge.
    Subd. 7d. Exemption. Notwithstanding subdivision 7 or Minnesota Rules, chapter 7020, to
the contrary, and notwithstanding the proximity to public or private waters, an owner or resident
of agricultural land on which livestock have been allowed to pasture as defined by Minnesota
Rules, chapter 7020, at any time during the ten-year period beginning January 1, 1990, is
permanently exempt from requirements related to feedlot or manure management on that land
for so long as the property remains in pasture.
    Subd. 8. Public information. The agency may publish, broadcast, or distribute information
pertaining to agency activities, laws, rules, and standards.
    Subd. 9. Orders; investigations. The agency shall have the following powers and duties for
the enforcement of any provision of this chapter and chapter 114C, relating to air contamination
or waste:
(a) to adopt, issue, reissue, modify, deny, revoke, enter into or enforce reasonable orders,
schedules of compliance and stipulation agreements;
(b) to require the owner or operator of any emission facility, air contaminant treatment
facility, potential air contaminant storage facility, or any system or facility related to the storage,
collection, transportation, processing, or disposal of waste to establish and maintain records; to
make reports; to install, use, and maintain monitoring equipment or methods; and to make tests,
including testing for odor where a nuisance may exist, in accordance with methods, at locations,
at intervals, and in a manner as the agency shall prescribe; and to provide other information as
the agency may reasonably require;
(c) to conduct investigations, issue notices, public and otherwise, and order hearings as it
may deem necessary or advisable for the discharge of its duties under this chapter and chapter
114C, including but not limited to the issuance of permits; and to authorize any member,
employee, or agent appointed by it to conduct the investigations and issue the notices.
    Subd. 10.[Repealed, 1997 c 231 art 13 s 20]
    Subd. 11. Permits; landfarming contaminated soil. (a) If the agency receives an application
for a permit to spread soil contaminated by a harmful substance as defined in section 115B.25,
subdivision 7a
, on land in an organized or unorganized township other than the township of origin
of the soil, the agency must notify the board of the organized township, or the county board of the
unorganized township where the spreading would occur at least 60 days prior to issuing the permit.
(b) The agency must not issue a permit to spread contaminated soil on land outside the
township of origin if, by resolution, the township board of the organized township, or the county
board of the unorganized township where the soil is to be spread requests that the agency not
issue a permit.
    Subd. 12. Fire training ash disposal. The ash from a legitimate fire training exercise
involving the live burning of a structure is classified as demolition debris and may be disposed
in any permit-by-rule land disposal facility authorized under agency rules or any permitted
demolition land disposal facility, with the consent of the disposal facility operator, if a person
certified by a Minnesota state college or university fire safety center certifies in writing in advance
to the commissioner that the structure has been adequately prepared for such a training exercise,
taking into account all applicable safety concerns and regulations, including Pollution Control
Agency guidelines regarding the removal of hazardous materials from training-burn structures
before the training event.
History: 1967 c 882 s 7; 1969 c 1046 s 5-7; 1971 c 727 s 3-5; 1971 c 904 s 1; 1973 c 412 s
13; 1973 c 573 s 1; 1973 c 733 s 1; 1974 c 346 s 2-4; 1974 c 483 s 5-7; 1976 c 76 s 4; 1977 c 90 s
10; 1979 c 304 s 1; 1980 c 564 art 11 s 5-10; 1980 c 614 s 123; 1980 c 615 s 60; 1981 c 352 s
27,28; 1982 c 424 s 130; 1982 c 425 s 17; 1982 c 458 s 2; 1982 c 569 s 19; 1983 c 247 s 51; 1983
c 301 s 112-114; 1983 c 373 s 44,45; 1984 c 640 s 32; 1984 c 644 s 49; 1985 c 248 s 70; 1985 c
274 s 14; 1Sp1985 c 13 s 233; 1986 c 425 s 28; 1987 c 348 s 30; 1989 c 131 s 7; 1989 c 276 s 1;
1989 c 325 s 48; 1989 c 335 art 1 s 269; 1Sp1989 c 1 art 20 s 19; 1990 c 426 art 2 s 1; 1990 c
604 art 10 s 6; 1991 c 199 art 2 s 1; 1991 c 254 art 2 s 37; 1991 c 291 art 21 s 3; 1991 c 303 s
4,5; 1991 c 337 s 55; 1991 c 347 art 1 s 8,18; 1992 c 546 s 2; 1992 c 593 art 1 s 31; 1993 c 172 s
77; 1994 c 585 s 32; 1994 c 619 s 8; 1994 c 632 art 2 s 31; 1994 c 637 s 1; 1994 c 639 art 3 s 3;
1995 c 111 s 1; 1995 c 220 s 104,130; 1995 c 233 art 1 s 7,8; art 2 s 49; 1995 c 247 art 1 s 37,38;
art 2 s 54; 1995 c 250 s 1; 1995 c 265 art 2 s 14; 1996 c 305 art 1 s 28; art 2 s 25; 1996 c 437 s
20; 1996 c 470 s 19; 1997 c 7 art 1 s 36; 1997 c 143 s 1; 1997 c 158 s 1; 1997 c 216 s 113,114;
1998 c 401 s 41-43; 1999 c 231 s 146; 1999 c 250 art 3 s 18; 2000 c 435 s 4,5; 2001 c 67 s 1;
2001 c 116 s 1; 2001 c 128 s 1; 1Sp2001 c 2 s 137; 2003 c 107 s 29; 2003 c 128 art 2 s 37,38; art
3 s 39; 2004 c 176 s 1; 1Sp2005 c 1 art 1 s 78; art 2 s 161; 2007 c 131 art 1 s 75
116.071 CAUSE OF ACTION FOR ABANDONMENT OF HAZARDOUS WASTE ON
PROPERTY OF ANOTHER.
(a) If an owner of property on which containers of hazardous waste or material which is
hazardous waste is abandoned by another disposes of the waste in compliance with all applicable
laws and at the owner's expense, the property owner is entitled to recover from any person
responsible for the waste that was abandoned damages of twice the costs incurred for removal,
processing, and disposal of the waste, together with the costs and losses that result from the
abandonment and court costs. If, before the waste is properly disposed of, the property owner
knows the identity and location of a person responsible for the waste that was abandoned, the
property owner is not entitled to recover against that person under this section unless:
(1) the property owner requests in writing that the person responsible for the waste that was
abandoned remove and properly dispose of the abandoned waste and allows the responsible
person 30 days after the request is mailed to remove the waste;
(2) the property owner allows the person responsible for the waste that was abandoned
reasonable access to the owner's property to remove the waste within the 30-day period after
giving the notice; and
(3) the person responsible for the waste that was abandoned fails to remove all of the waste
within the 30-day period.
(b) A person who is purchasing property on a contract for deed is a property owner for
the purposes of this section.
History: 1995 c 119 s 1
116.0711 FEEDLOT PERMIT CONDITIONS.
(a) The agency shall not require feedlot permittees to maintain records as to rainfall or
snowfall as a condition of a general feedlot permit if the owner directs the commissioner or agent
of the commissioner to appropriate data on precipitation maintained by a government agency
or educational institution.
(b) A feedlot permittee shall give notice to the agency when the permittee proposes
to transfer ownership or control of the feedlot to a new party. The commissioner shall not
unreasonably withhold or unreasonably delay approval of any transfer request. This request shall
be handled in accordance with sections 116.07 and 15.992.
(c) The Environmental Quality Board shall review and recommend modifications to
environmental review rules related to phased actions and animal agriculture facilities. The
Environmental Quality Board shall report recommendations to the chairs of the committees of
the senate and house of representatives with jurisdiction over agriculture and the environment
by January 15, 2002.
(d) If the owner of an animal feedlot requests an extension for an application for a national
pollutant discharge elimination permit or state disposal system permit by June 1, 2001, then the
agency shall grant an extension for the application to September 1, 2001.
(e) An animal feedlot in shoreland that has been unused may resume operation after obtaining
a permit from the agency or county, regardless of the number of years that the feedlot was unused.
History: 2001 c 128 s 2
116.0712 MODIFIED LEVEL ONE FEEDLOT INVENTORY.
(a) Except as provided in paragraph (b), a delegated county that has completed a modified
level 1 inventory that includes facility location, approximate number of animal units, and whether
the facility is an open lot or confinement operation, may report that information to the agency
in aggregate. A feedlot that is included in an inventory meeting these criteria has satisfied
registration requirements under agency rule.
(b) A county must submit to the agency the complete registration information for a feedlot
having 1,000 animal units or greater or a feedlot meeting the definition of a concentrated animal
feeding operation as defined in Code of Federal Regulations, title 40, section 122.23.
History: 2001 c 128 s 3
116.0713 LIVESTOCK ODOR.
(a) The Pollution Control Agency must:
(1) monitor and identify potential livestock facility violations of the state ambient air quality
standards for hydrogen sulfide, using a protocol for responding to citizen complaints regarding
feedlot odor and its hydrogen sulfide component, including the appropriate use of portable
monitoring equipment that enables monitoring staff to follow plumes;
(2) when livestock production facilities are found to be in violation of ambient hydrogen
sulfide standards, take appropriate actions necessary to ensure compliance, utilizing appropriate
technical assistance and enforcement and penalty authorities provided to the agency by statute
and rule.
(b) Livestock production facilities are exempt from state ambient air quality standards
while manure is being removed and for seven days after manure is removed from barns or
manure storage facilities.
(c) For a livestock production facility having greater than 300 animal units, the maximum
cumulative exemption in a calendar year under paragraph (b) is 21 days for the removal process.
(d) The operator of a livestock production facility that claims exemption from state ambient
air quality standards under paragraph (b) must provide notice of that claim to either the Pollution
Control Agency or the county feedlot officer delegated under section 116.07.
(e) State ambient air quality standards are applicable at the property boundary of a farm or a
parcel of agricultural land on which a livestock production facility is located, except that if
the owner or operator of the farm or parcel obtains an air quality easement from the owner of
land adjoining the farm or parcel, the air quality standards must be applicable at the property
boundary of the adjoining land to which the easement pertains. The air quality easement must
be for no more than five years, must be in writing, and must be available upon request by the
agency or the county feedlot officer. Notwithstanding the provisions of this paragraph, state
ambient air quality standards are applicable at locations to which the general public has access.
The "general public" does not include employees or other categories of people who have been
directly authorized by the property owner to enter or remain on the property for a limited period
of time and for a specific purpose, or trespassers.
(f) The agency may not require air emission modeling for a type of livestock system that has
not had a hydrogen sulfide emission violation.
History: 1997 c 216 s 115; 2000 c 435 s 6
116.0714 NEW OPEN AIR SWINE BASINS.
     The commissioner of the Pollution Control Agency or a county board shall not approve any
permits for the construction of new open air swine basins, except that existing facilities may use
one basin of less than 1,000,000 gallons as part of a permitted waste treatment program for
resolving pollution problems or to allow conversion of an existing basin of less than 1,000,000
gallons to a different animal type, provided all standards are met. This section expires June
30, 2012.
History: 2002 c 373 s 30; 2007 c 45 art 1 s 56
116.0715 LIMIT ON BASIS FOR ACTION.
The agency shall not issue or deny a permit or amendment or impose control requirements
based solely on computer models projecting compliance or noncompliance with the secondary
particulate matter standard.
History: 1996 c 409 s 1
116.0716 RULE VARIANCE.
The Pollution Control Agency may issue a permit without regard to the maximum annual
geometric mean standards for particulate matter or the primary maximum 24 hour concentrate
standard for particulate matter.
History: 1996 c 409 s 2
116.0717 MINERALS DEPOSITION.
Notwithstanding rules prohibiting discharge of waste into saturated zones or rules governing
variance procedures, the Pollution Control Agency may issue a permit for deposition of fine
tailings from minerals processing facilities into mine pits provided the proposer demonstrates
through an environmental impact statement and risk assessment that the deposition will not pose
an unreasonable risk of pollution or degradation of groundwater.
History: 1996 c 407 s 56; 2004 c 157 s 1
116.072 ADMINISTRATIVE PENALTIES.
    Subdivision 1. Authority to issue penalty orders. (a) The commissioner may issue an
order requiring violations to be corrected and administratively assessing monetary penalties for
violations of this chapter and chapters 114C, 115, 115A, 115D, and 115E, any rules adopted under
those chapters, and any standards, limitations, or conditions established in an agency permit; and
for failure to respond to a request for information under section 115B.17, subdivision 3. The
order must be issued as provided in this section.
(b) A county board may adopt an ordinance containing procedures for the issuance of
administrative penalty orders and may issue orders beginning August 1, 1996. Before adopting
ordinances, counties shall work cooperatively with the agency to develop an implementation plan
for the orders that substantially conforms to a model ordinance developed by the counties and the
agency. After adopting the ordinance, the county board may issue orders requiring violations to be
corrected and administratively assessing monetary penalties for violations of county ordinances
adopted under section 400.16, 400.161, or 473.811 or chapter 115A that regulate solid and
hazardous waste and any standards, limitations, or conditions established in a county license
issued pursuant to these ordinances. For violations of ordinances relating to hazardous waste, a
county's penalty authority is described in subdivisions 2 to 5. For violations of ordinances relating
to solid waste, a county's penalty authority is described in subdivision 5a. Subdivisions 6 to 11
apply to violations of ordinances relating to both solid and hazardous waste.
(c) Monetary penalties collected by a county must be used to manage solid and hazardous
waste. A county board's authority is limited to violations described in paragraph (b). Its authority
to issue orders under this section expires August 1, 1999.
    Subd. 2. Amount of penalty; considerations. (a) The commissioner or county board may
issue an order assessing a penalty up to $10,000 for all violations identified during an inspection
or other compliance review.
(b) In determining the amount of a penalty the commissioner or county board may consider:
(1) the willfulness of the violation;
(2) the gravity of the violation, including damage to humans, animals, air, water, land, or
other natural resources of the state;
(3) the history of past violations;
(4) the number of violations;
(5) the economic benefit gained by the person by allowing or committing the violation; and
(6) other factors as justice may require, if the commissioner or county board specifically
identifies the additional factors in the commissioner's or county board's order.
(c) For a violation after an initial violation, the commissioner or county board shall, in
determining the amount of a penalty, consider the factors in paragraph (b) and the:
(1) similarity of the most recent previous violation and the violation to be penalized;
(2) time elapsed since the last violation;
(3) number of previous violations; and
(4) response of the person to the most recent previous violation identified.
    Subd. 3. Contents of order. An order assessing an administrative penalty under this section
shall include:
(1) a concise statement of the facts alleged to constitute a violation;
(2) a reference to the section of the statute, rule, ordinance, variance, order, stipulation
agreement, or term or condition of a permit or license that has been violated;
(3) a statement of the amount of the administrative penalty to be imposed and the factors
upon which the penalty is based; and
(4) a statement of the person's right to review of the order.
    Subd. 4. Corrective order. (a) The commissioner or county board may issue an order
assessing a penalty and requiring the violations cited in the order to be corrected within 30
calendar days from the date the order is received.
(b) The person to whom the order was issued shall provide information to the commissioner
or county board before the 31st day after the order was received demonstrating that the violation
has been corrected or that appropriate steps toward correcting the violation have been taken. The
commissioner or county board shall determine whether the violation has been corrected and notify
the person subject to the order of the commissioner's or county board's determination.
    Subd. 5. Penalty. (a) Except as provided in paragraph (b), if the commissioner or county
board determines that the violation has been corrected or appropriate steps have been taken to
correct the action, the penalty must be forgiven. Unless the person requests review of the order
under subdivision 6 or 7 before the penalty is due, the penalty in the order is due and payable:
(1) on the 31st day after the order was received, if the person subject to the order fails to
provide information to the commissioner or county board showing that the violation has been
corrected or that appropriate steps have been taken toward correcting the violation; or
(2) on the 20th day after the person receives the commissioner's or county board's
determination under subdivision 4, paragraph (b), if the person subject to the order has provided
information to the commissioner or county board that the commissioner or county board
determines is not sufficient to show the violation has been corrected or that appropriate steps have
been taken toward correcting the violation.
(b) For a repeated or serious violation, the commissioner or county board may issue an
order with a penalty that will not be forgiven after the corrective action is taken. The penalty is
due by 31 days after the order was received unless review of the order under subdivision 6, 7,
or 8 has been sought.
(c) Interest at the rate established in section 549.09 begins to accrue on penalties under this
subdivision on the 31st day after the order with the penalty was received.
    Subd. 5a. County penalty authority for solid waste violations. (a) A county board's
authority to issue a corrective order and assess a penalty for all violations relating to solid
waste that are identified during an inspection or other compliance review is as described in this
subdivision. The model ordinance described in subdivision 1, paragraph (b), must include
provisions for letters or warnings that may be issued following the inspection and before
proceeding under paragraph (b).
(b) For all violations described in paragraph (a), a county attorney or county department
with responsibility for environmental enforcement may first issue a notice of violation that
complies with the requirements of subdivision 4, except that no penalty may be assessed unless,
in the opinion of the county board, the gravity of the violation and its potential for damage to,
or actual damage to, public health or the environment is such that a penalty under paragraph
(c) or (d) is warranted. In that case the county attorney or department may proceed directly to
paragraph (c) or (d).
(c) If the violations are not corrected, if appropriate steps have not been taken to correct
them, or if the county board has determined that the gravity of the violations are such that action
under this paragraph is warranted, a county board may issue a corrective order as described in
subdivision 4, except that the penalty may not exceed $2,000.
(d) If the violations are still not corrected, if appropriate steps have not been taken to correct
them, or if the county board has determined that the gravity of the violations are such that action
under this paragraph is warranted, a county board may issue a corrective order as described in
subdivision 4, except that the penalty may not exceed $5,000.
(e) In determining the amount of the penalty in paragraph (c) or (d), the county board shall be
governed by subdivision 2, paragraphs (b) and (c). The penalty assessed under paragraph (c) or (d)
shall be due and payable, forgiven, or assessed without forgiveness as described in subdivision 5.
    Subd. 6. Expedited administrative hearing. (a) Within 30 days after receiving an order or
within 20 days after receiving notice that the commissioner or county board has determined that a
violation has not been corrected or appropriate steps have not been taken, the person subject to an
order under this section may request an expedited hearing, utilizing the procedures of Minnesota
Rules, parts 1400.8510 to 1400.8612, to review the commissioner's or county board's action. The
hearing request must specifically state the reasons for seeking review of the order. The person to
whom the order is directed and the commissioner or county board are the parties to the expedited
hearing. The commissioner or county board must notify the person to whom the order is directed
of the time and place of the hearing at least 20 days before the hearing. The expedited hearing
must be held within 30 days after a request for hearing has been filed with the commissioner or
county board unless the parties agree to a later date.
(b) All written arguments must be submitted within ten days following the close of the
hearing. The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to 1400.8612, as
modified by this subdivision. The Office of Administrative Hearings may, in consultation with the
agency, adopt rules specifically applicable to cases under this section.
(c) The administrative law judge shall issue a report making recommendations about the
commissioner's or county board's action to the commissioner or county board within 30 days
following the close of the record. The administrative law judge may not recommend a change in
the amount of the proposed penalty unless the administrative law judge determines that, based on
the factors in subdivision 2, the amount of the penalty is unreasonable.
(d) If the administrative law judge makes a finding that the hearing was requested solely
for purposes of delay or that the hearing request was frivolous, the commissioner or county
board may add to the amount of the penalty the costs charged to the agency by the Office of
Administrative Hearings for the hearing.
(e) If a hearing has been held, the commissioner or county board may not issue a final
order until at least five days after receipt of the report of the administrative law judge. The
person to whom an order is issued may, within those five days, comment to the commissioner or
county board on the recommendations and the commissioner or county board will consider the
comments. The final order may be appealed in the manner provided in sections 14.63 to 14.69.
(f) If a hearing has been held and a final order issued by the commissioner or county board,
the penalty shall be paid by 30 days after the date the final order is received unless review of the
final order is requested under sections 14.63 to 14.69. If review is not requested or the order is
reviewed and upheld, the amount due is the penalty, together with interest accruing from 31 days
after the original order was received at the rate established in section 549.09.
    Subd. 7. District court hearing. (a) Within 30 days after the receipt of an order from the
commissioner or a county board or within 20 days of receipt of notice that the commissioner or a
county board has determined that a violation has not been corrected or appropriate steps have not
been taken, the person subject to an order under this section may file a petition in district court
for review of the order in lieu of requesting an administrative hearing under subdivision 6. The
petition shall be filed with the court administrator with proof of service on the commissioner or
county board. The petition shall be captioned in the name of the person making the petition as
petitioner and the commissioner or county board as respondent. The petition shall state with
specificity the grounds upon which the petitioner seeks rescission of the order, including the
facts upon which each claim is based.
(b) At trial, the commissioner or county board must establish by a preponderance of the
evidence that a violation subject to this section occurred, the petitioner is responsible for the
violation, a penalty immediately assessed as provided for under subdivision 5, paragraph (b) or
(c), is justified by the violation, and the factors listed in subdivision 2 were considered when the
penalty amount was determined and the penalty amount is justified by those factors.
    Subd. 8. Mediation. In addition to review under subdivision 6 or 7, the commissioner or
county board is authorized to enter into mediation concerning an order issued under this section
if the commissioner or county board and the person to whom the order is issued both agree to
mediation.
    Subd. 9. Enforcement. (a) The attorney general on behalf of the state, or the county attorney
on behalf of the county, may proceed to enforce penalties that are due and payable under this
section in any manner provided by law for the collection of debts.
(b) The attorney general or county attorney may petition the district court to file the
administrative order as an order of the court. At any court hearing, the only issues parties may
contest are procedural and notice issues. Once entered, the administrative order may be enforced
in the same manner as a final judgment of the district court.
(c) If a person fails to pay the penalty, the attorney general or county attorney may bring
a civil action in district court seeking payment of the penalties, injunctive, or other appropriate
relief including monetary damages, attorney fees, costs, and interest.
    Subd. 10. Revocation and suspension of permit. If a person fails to pay a penalty owed
under this section, the agency or county board has grounds to revoke or refuse to reissue or renew
a permit or license issued by the agency or county board.
    Subd. 11. Cumulative remedy. The authority of the agency or county board to issue a
corrective order assessing penalties is in addition to other remedies available under statutory or
common law, except that the state or county board may not seek civil penalties under any other
provision of law for the violations covered by the administrative penalty order. The payment of a
penalty does not preclude the use of other enforcement provisions, under which penalties are not
assessed, in connection with the violation for which the penalty was assessed.
    Subd. 12.[Repealed, 1999 c 99 s 24]
    Subd. 13. Feedlot administrative penalty orders. (a) Prior to the commissioner proposing
an administrative penalty order to a feedlot operator for a violation of feedlot laws or rules, the
agency staff who will determine if a penalty is appropriate and who will determine the size of
the penalty shall offer to meet with the feedlot operator to discuss the violation, and to allow
the feedlot operator to present any information that may affect any agency decisions on the
administrative penalty order.
(b) Notwithstanding subdivision 5, for feedlot law or rule violations for which an
administrative penalty order is issued under this section, not less than 75 percent of the penalty
must be forgiven if:
(1) the abated penalty is used for approved measures to mitigate the violation for which the
administrative penalty order was issued or for environmental improvements to the farm; and
(2) the commissioner determines that the violation has been corrected or that appropriate
steps are being taken to correct the action.
History: 1987 c 174 s 1; 1987 c 186 s 15; 1991 c 347 art 1 s 9-13; 1992 c 464 art 1 s 54;
1995 c 247 art 1 s 39; 1996 c 437 s 21; 1996 c 470 s 27; 1999 c 231 s 147; 2000 c 435 s 7
116.073 FIELD CITATIONS.
    Subdivision 1. Authority to issue. (a) Pollution Control Agency staff designated by the
commissioner and Department of Natural Resources conservation officers may issue citations to
a person who:
(1) disposes of solid waste as defined in section 116.06, subdivision 22, at a location not
authorized by law for the disposal of solid waste without permission of the owner of the property;
(2) fails to report or recover discharges as required under section 115.061;
(3) fails to take discharge preventive or preparedness measures required under chapter
115E; or
(4) fails to install or use vapor recovery equipment during the transfer of gasoline from
a transport delivery vehicle to an underground storage tank as required in section 116.49,
subdivisions 3 and 4
.
(b) In addition, Pollution Control Agency staff designated by the commissioner may
issue citations to owners and operators of facilities who violate sections 116.46 to 116.50 and
Minnesota Rules, chapters 7150 and 7151 and parts 7001.4200 to 7001.4300. A citation issued
under this subdivision must include a requirement that the person cited remove and properly
dispose of or otherwise manage the waste or discharged oil or hazardous substance, reimburse any
government agency that has disposed of the waste or discharged oil or hazardous substance and
contaminated debris for the reasonable costs of disposal, or correct any storage tank violations.
(c) Citations for violations of sections 115E.045 and 116.46 to 116.50 and Minnesota Rules,
chapters 7150 and 7151, may be issued only after the owners and operators have had a 60-day
period to correct violations stated in writing by Pollution Control Agency staff, unless there is
a discharge associated with the violation or the violation is a repeat violation from a previous
inspection.
    Subd. 2. Penalty amount. The citation must impose the following penalty amounts:
(1) $100 per major appliance, as defined in section 115A.03, subdivision 17a, up to a
maximum of $2,000;
(2) $25 per waste tire, as defined in section 115A.90, subdivision 11, up to a maximum
of $2,000;
(3) $25 per lead acid battery governed by section 115A.915, up to a maximum of $2,000;
(4) $1 per pound of other solid waste or $20 per cubic foot up to a maximum of $2,000;
(5) up to $200 for any amount of waste that escapes from a vehicle used for the transportation
of solid waste if, after receiving actual notice that waste has escaped the vehicle, the person or
company transporting the waste fails to immediately collect the waste;
(6) $50 per violation of rules adopted under section 116.49, relating to underground storage
tank system design, construction, installation, and notification requirements, up to a maximum
of $2,000;
(7) $500 per violation of rules adopted under section 116.49, relating to upgrading of existing
underground storage tank systems, up to a maximum of $2,000 per tank system;
(8) $250 per violation of rules adopted under section 116.49, relating to underground storage
tank system general operating requirements, up to a maximum of $2,000;
(9) $250 per violation of rules adopted under section 116.49, relating to underground storage
tank system release detection requirements, up to a maximum of $2,000;
(10) $50 per violation of rules adopted under section 116.49, relating to out-of-service
underground storage tank systems and closure, up to a maximum of $2,000;
(11) $50 per violation of sections 116.48 to 116.491 relating to underground storage tank
system notification, monitoring, environmental protection, and tank installers training and
certification requirements, up to a maximum of $2,000;
(12) $25 per gallon of oil or hazardous substance discharged which is not reported or
recovered under section 115.061, up to a maximum of $2,000;
(13) $1 per gallon of oil or hazardous substance being stored, transported, or otherwise
handled without the prevention or preparedness measures required under chapter 115E, up to a
maximum of $2,000;
(14) $250 per violation of Minnesota Rules, parts 7001.4200 to 7001.4300 or chapter 7151,
related to aboveground storage tank systems, up to a maximum of $2,000; and
(15) $250 per delivery made in violation of section 116.49, subdivision 3 or 4, levied against:
(i) the retail location if vapor recovery equipment is not installed or maintained properly;
(ii) the carrier if the transport delivery vehicle is not equipped with vapor recovery
equipment; or
(iii) the driver for failure to use supplied vapor recovery equipment.
    Subd. 3. Appeals. Citations may be appealed under the procedures in section 116.072,
subdivision 6
, if the person requests a hearing by notifying the commissioner in writing within
15 days after receipt of the citation. If a hearing is not requested within the 15-day period, the
citation becomes a final order not subject to further review.
    Subd. 4. Enforcement of field citations. Field citations may be enforced under section
116.072, subdivisions 9 and 10.
    Subd. 5. Cumulative remedy. The authority to issue field citations is in addition to other
remedies available under statutory or common law, except that the state may not seek penalties
under any other provision of law for the incident subject to the citation.
History: 1994 c 585 s 33; 1998 c 379 s 3,4; 1999 c 231 s 148,149; 2000 c 488 art 3 s 28;
2003 c 128 art 1 s 138,139; 2004 c 169 s 2,3
116.074 NOTICE OF PERMIT CONDITIONS TO LOCAL GOVERNMENTS.
Before the agency grants a permit for a solid waste facility, allows a significant alteration
of permit conditions or facility operation, or allows the change of a facility permittee, the
commissioner must notify the county and town where the facility is located, contiguous counties
and towns, and all home rule charter and statutory cities within the contiguous townships. If a
local government unit requests a public meeting within 30 days after being notified, the agency
must hold at least one public meeting in the area near the facility before granting the permit,
allowing the alterations in the permit conditions or facility operation, or allowing the change of
the facility permittee.
History: 1988 c 685 s 24
116.075 HEARINGS AND RECORDS PUBLIC.
    Subdivision 1. Public records. All hearings conducted by the Pollution Control Agency
pursuant to sections 103F.701 to 103F.761 and chapters 115 and 116 shall be open to the public,
and the transcripts thereof are public records. All final records, studies, reports, orders, and other
documents prepared in final form by order of, or for the consideration of, the agency, are public
records. Any documents designated as public records by this section may be inspected by members
of the public at all reasonable hours and places under such rules as the agency shall promulgate.
    Subd. 2. Confidential records; conditions; exceptions. Any records or other information
obtained by the Pollution Control Agency or furnished to the agency by the owner or operator
of one or more air contaminant or water or land pollution sources which are certified by said
owner or operator, and said certification, as it applies to water pollution sources, is approved in
writing by the commissioner, to relate to (a) sales figures, (b) processes or methods of production
unique to the owner or operator, or (c) information which would tend to affect adversely the
competitive position of said owner or operator, shall be only for the confidential use of the agency
in discharging its statutory obligations, unless otherwise specifically authorized by said owner or
operator. Provided, however that all such information may be used by the agency in compiling or
publishing analyses or summaries relating to the general condition of the state's water, air and land
resources so long as such analyses or summaries do not identify any owner or operator who has so
certified. Notwithstanding the foregoing, the agency may disclose any information, whether or not
otherwise considered confidential which it is obligated to disclose in order to comply with federal
law and regulations, to the extent and for the purpose of such federally required disclosure.
History: 1971 c 887 s 1; 1973 c 374 s 20; 1985 c 248 s 70; 1987 c 186 s 15; 1990 c 391
art 10 s 3
116.08 [Repealed, 1973 c 374 s 22]
116.081 PROHIBITIONS; AIR CONTAMINANT AND WASTE FACILITIES AND
SYSTEMS.
    Subdivision 1. Permit required. It shall be unlawful for any person to construct, install
or operate an emission facility, air contaminant treatment facility, treatment facility, potential
air contaminant storage facility, storage facility, or system or facility related to the collection,
transportation, storage, processing, or disposal of waste, or any part thereof unless otherwise
exempted by any agency rule now in force or hereinafter adopted, until plans therefor shall have
been submitted to the agency, and a written permit therefor shall have been granted by the agency.
The requirements of this section shall not be applied to motor vehicles.
    Subd. 2. Permits previously issued. Any permit authorized by section 116.07, subdivision
4a
issued prior to June 8, 1971, and any rule which required said prior permit, shall be valid and
remain enforceable subject, however, to the right of the agency to modify or revoke said permit or
amend said rule in the same manner as other permits and rules.
    Subd. 3. Permission for alteration. It shall be unlawful for any person to make any change
in, addition to or extension of any existing system or facility specified in subdivision 1, or part
thereof, that would materially alter the method or the effect of treating or disposing of any air
contaminant or solid waste, or to operate said system or facility, or part thereof, so changed, added
to, or extended until plans therefor shall have been submitted to the agency, and a written permit
therefor shall have been granted by the agency.
History: 1971 c 904 s 2; 1974 c 483 s 8; 1980 c 564 art 11 s 11; 1985 c 248 s 70
116.082 OPEN BURNING OF LEAVES; LOCAL ORDINANCES.
Subject to sections 88.16, 88.17 and 88.22, but notwithstanding any law or rule to the
contrary, a town or home rule charter or statutory city located outside the metropolitan area as
defined in section 473.121, subdivision 2, by adoption of an ordinance, may permit the open
burning of dried leaves within the boundaries of the town or city. The ordinance shall limit
leaf burning to the period between September 15 and December 1 and shall set forth limits
and conditions on leaf burning to minimize air pollution and fire danger and any other hazards
or nuisance conditions. No open burning of leaves shall take place during an air pollution alert,
warning or emergency declared by the agency. Any town or city adopting an ordinance pursuant
to this section shall submit a copy of the ordinance to the agency and the Department of Natural
Resources.
History: 1982 c 569 s 37
116.09 [Repealed, 1969 c 1046 s 12]
116.091 SYSTEMS AND FACILITIES.
    Subdivision 1. Information. Any person operating any emission system or facility specified
in chapter 114C or section 116.081, subdivision 1, when requested by the Pollution Control
Agency, shall furnish to it any information which that person may have which is relevant to
pollution or the rules or provisions of this chapter.
    Subd. 2. Examination of records. The agency or any employee or agent thereof, when
authorized by it, may examine any books, papers, records or memoranda pertaining to the
operation of any system or facility specified in subdivision 1.
    Subd. 3. Access to premises. Whenever the agency deems it necessary for the purposes
of this chapter or chapter 114C, the agency or any member, employee, or agent thereof, when
authorized by it, may enter upon any property, public or private, for the purpose of obtaining
information or conducting surveys or investigations.
History: 1971 c 904 s 3; 1985 c 248 s 70; 1986 c 444; 1996 c 437 s 22,23
116.10 POLICY; LONG-RANGE PLAN; PURPOSE.
Consistent with the policy announced herein and the purposes of Laws 1963, chapter 874,
the Pollution Control Agency shall, before November 15 of each even-numbered year, prepare a
long-range plan and program for the effectuation of said policy, and shall make a report also of
progress on abatement and control of air and land pollution during each biennium to the legislature
with recommendations for action in furtherance of the air and land pollution and waste programs.
History: 1969 c 1046 s 10; 1Sp1981 c 4 art 2 s 12
116.101 HAZARDOUS WASTE CONTROL AND SPILL CONTINGENCY PLAN.
The Pollution Control Agency shall study and investigate the problems of hazardous waste
control and shall develop a statewide hazardous waste spill contingency plan detailing the location
of hazardous waste facilities and storage sites throughout the state and the needs relative to the
interstate transportation of hazardous waste.
The statewide hazardous waste spill contingency plan shall be incorporated into the statewide
hazardous waste management plans of the Pollution Control Agency. The Pollution Control
Agency shall develop an informational reporting system of hazardous waste quantities generated,
processed, and disposed of in the state.
History: 1974 c 346 s 5; 1980 c 564 art 11 s 12; 1989 c 335 art 1 s 269; 1991 c 199 art 2 s
1; 1995 c 247 art 2 s 54; 1Sp2005 c 1 art 2 s 161
116.11 EMERGENCY POWERS.
If there is imminent and substantial danger to the health and welfare of the people of the
state, or of any of them, as a result of the pollution of air, land, or water, the agency may by
emergency order direct the immediate discontinuance or abatement of the pollution without
notice and without a hearing or at the request of the agency, the attorney general may bring an
action in the name of the state in the appropriate district court for a temporary restraining order
to immediately abate or prevent the pollution. The agency order or temporary restraining order
shall remain effective until notice, hearing, and determination pursuant to other provisions of
law, or, in the interim, as otherwise ordered. A final order of the agency in these cases shall
be appealable in accordance with chapter 14.
History: 1969 c 1046 s 11; 1973 c 374 s 21; 1982 c 424 s 130; 1983 c 247 s 52
116.12 HAZARDOUS WASTE ADMINISTRATION FEES.
    Subdivision 1. Fee schedules. The agency shall establish the fees provided in subdivisions
2 and 3 to cover expenditures of amounts appropriated from the environmental fund to the
agency for permitting, monitoring, inspection, and enforcement expenses of the hazardous waste
activities of the agency.
    Subd. 2. Hazardous waste generator fee. (a) Each generator of hazardous waste shall pay a
fee on the hazardous waste generated by that generator. The agency shall base the amount of fees
on the quantity of hazardous waste generated and may charge a minimum fee for each generator
not exempted by the agency. In adopting the fee rules, the agency shall consider:
(1) reducing the fees for generators using environmentally beneficial hazardous waste
management methods, including recycling;
(2) the agency resources allocated to regulating the various sizes or types of generators;
(3) adjusting fees for sizes or types of generators that would bear a disproportionate share of
the fees to be collected; and
(4) whether implementing clauses (1) to (3) would require excessive staff time compared
to staff time available for providing technical assistance to generators or would make the fee
system difficult for generators to understand.
(b) The agency may exempt generators of very small quantities of hazardous wastes
otherwise subject to the fee if it finds that the cost of administering a fee on those generators is
excessive relative to the proceeds of the fee.
(c) The agency shall reduce fees charged to generators in counties which also charge
generator fees to reflect a lesser level of activity by the agency in those counties. The fees charged
by the agency in those counties shall be collected by the counties in the manner in which and at
the same time as those counties collect their generator fees. Counties shall remit to the agency
the amount of the fees charged by the agency by the last day of the month following the month
in which they were collected. If a county does not collect or remit generator fees due to the
agency, the agency may collect fees from generators in that county according to rules adopted
under paragraph (a).
(d) The agency may not impose a volume-based fee under this subdivision on material that
is reused at the facility where the material is generated in a manner that the facility owner or
operator can demonstrate does not increase the toxicity of, or the level of hazardous substances
or pollutants or contaminants in, products that leave the facility. The agency may impose a flat
annual fee on a facility that generates the type of material described in the preceding sentence,
provided that the fee reflects the reasonable and necessary costs of inspections of the facility.
    Subd. 3. Facility fees. The agency shall charge hazardous waste facility fees including, but
not limited to, an original permit fee, a reissuance fee, a major modification fee, and an annual
facility fee for any hazardous waste facility regulated by the agency. The agency may exempt
facilities otherwise subject to the fee if regulatory oversight of those facilities is minimal. The
agency may include reasonable and necessary costs of any environmental review required under
chapter 116D in the original permit fee for any hazardous waste facility.
History: 1983 c 121 s 25; 1Sp1985 c 13 s 234; 1986 c 444; 1989 c 335 art 4 s 106; 1992 c
593 art 1 s 32; 1993 c 279 s 1; 1995 c 220 s 105; 1999 c 250 art 3 s 19
116.125 NOTIFICATION OF FEE INCREASES.
Before the Pollution Control Agency adopts a fee increase to cover an unanticipated shortfall
in revenues, the commissioner shall give written notice of the proposed increase to the chairs of the
senate Committee on Finance, the house of representatives Committee on Ways and Means, the
senate and house committees having jurisdiction over environment and natural resources, and the
senate and house committees having jurisdiction over environment and natural resources finance.
History: 1995 c 220 s 106; 1Sp2005 c 1 art 2 s 161
116.14 HAZARDOUS WASTE FACILITIES; LIABILITY OF GUARANTOR.
If the owner or operator of a hazardous waste facility is in bankruptcy, reorganization, or
arrangement under the Federal Bankruptcy Code or if jurisdiction in any state or federal court
cannot with reasonable diligence be obtained over an owner or operator likely to be solvent at the
time of judgment, a person having a claim arising from conduct for which evidence of financial
responsibility must be provided under the rules adopted under section 116.07, subdivision 4b, may
bring the claim directly against the guarantor providing the evidence of financial responsibility.
For the purposes of this section, "guarantor" means any person other than the owner or operator
who provides evidence of financial responsibility for that owner or operator. In an action against a
guarantor under this section, the guarantor is entitled to invoke the rights and defenses that would
have been available to the owner or operator if the action had been brought against the owner
or operator and that would have been available to the guarantor if an action had been brought
against the guarantor by the owner or operator. In an action under this section, the total liability
of a guarantor is limited to the aggregate amount that the guarantor has provided as evidence of
financial responsibility to the owner or operator under the rules. Nothing in this section shall be
construed to limit any other state or federal statutory, contractual, or common law liability of a
guarantor to its owner or operator including the liability of the guarantor for bad faith either in
negotiating or in failing to negotiate the settlement of any claim. Nothing in this section shall be
construed to diminish the liability of any person under chapter 115B or the federal Superfund Act,
United States Code, title 42, section 9601 et seq., or other applicable law.
History: 1987 c 391 s 1
116.15 [Repealed, 1973 c 423 s 10]
116.155 REMEDIATION FUND.
    Subdivision 1. Creation. The remediation fund is created as a special revenue fund in the
state treasury to provide a reliable source of public money for response and corrective actions to
address releases of hazardous substances, pollutants or contaminants, agricultural chemicals, and
petroleum, and for environmental response actions at qualified landfill facilities for which the
agency has assumed such responsibility, including perpetual care of such facilities. The specific
purposes for which the general portion of the fund may be spent are provided in subdivision
2. In addition to the general portion of the fund, the fund contains two accounts described in
subdivisions 4 and 5.
    Subd. 2. Appropriation. (a) Money in the general portion of the remediation fund is
appropriated to the agency and the commissioners of agriculture and natural resources for the
following purposes:
(1) to take actions related to releases of hazardous substances, or pollutants or contaminants
as provided in section 115B.20;
(2) to take actions related to releases of hazardous substances, or pollutants or contaminants,
at and from qualified landfill facilities as provided in section 115B.42, subdivision 2;
(3) to provide technical and other assistance under sections 115B.17, subdivision 14,
115B.175 to 115B.179, and 115C.03, subdivision 9;
(4) for corrective actions to address incidents involving agricultural chemicals, including
related administrative, enforcement, and cost recovery actions pursuant to chapter 18D; and
(5) together with any amount approved for transfer to the agency from the petroleum tank
fund by the commissioner of finance, to take actions related to releases of petroleum as provided
under section 115C.08.
(b) The commissioner of finance shall allocate the amounts available in any biennium to the
agency, and the commissioners of agriculture and natural resources for the purposes provided
in this subdivision based upon work plans submitted by the agency and the commissioners of
agriculture and natural resources, and may adjust those allocations upon submittal of revised
work plans. Copies of the work plans shall be submitted to the chairs of the senate and house
committees having jurisdiction over environment and environment finance.
    Subd. 3. Revenues. The following revenues shall be deposited in the general portion of
the remediation fund:
(1) response costs and natural resource damages related to releases of hazardous substances,
or pollutants or contaminants, recovered under sections 115B.17, subdivisions 6 and 7, 115B.443,
115B.444, or any other law;
(2) money paid to the agency or the Agriculture Department by voluntary parties who have
received technical or other assistance under sections 115B.17, subdivision 14, 115B.175 to
115B.179, and 115C.03, subdivision 9;
(3) money received in the form of gifts, grants, reimbursement, or appropriation from any
source for any of the purposes provided in subdivision 2, except federal grants; and
(4) interest accrued on the fund.
    Subd. 4. Dry cleaner environmental response and reimbursement account. The dry
cleaner environmental response and reimbursement account is as described in sections 115B.47 to
115B.51.
    Subd. 5. Metropolitan landfill contingency action trust account. The metropolitan landfill
contingency action trust account is as described in section 473.845.
    Subd. 6. Other sources of the fund. The remediation fund shall also be supported by
transfers as may be authorized by the legislature from time to time from the environmental fund.
History: 2003 c 128 art 2 s 39; 1Sp2005 c 1 art 2 s 161

WATER POLLUTION CONTROL PROGRAM

116.16 MINNESOTA STATE WATER POLLUTION CONTROL PROGRAM.
    Subdivision 1. Purpose. A Minnesota state water pollution control program is created to
provide money to be granted or loaned to agencies and subdivisions of the state for the acquisition
and betterment of public land, buildings, and improvements of a capital nature needed for the
prevention, control, and abatement of water pollution in accordance with the long-range state
policy, plan, and program established in sections 115.41 to 115.63, and in accordance with
standards adopted pursuant to law by the Minnesota Pollution Control Agency. It is determined
that state financial assistance for the construction of water pollution prevention and abatement
facilities for municipal disposal systems and combined sewer overflow is a public purpose and a
proper function of state government, in that the state is trustee of the waters of the state and such
financial assistance is necessary to protect the purity of state waters, and to protect the public
health of the citizens of the state, which is endangered whenever pollution enters state waters at
one point and flows to other points in the state.
    Subd. 2. Definitions. In this section and sections 116.17 and 116.18:
(1) agency means the Minnesota Pollution Control Agency created by this chapter;
(2) municipality means any county, city, town, the metropolitan council, or an Indian tribe
or an authorized Indian tribal organization, and any other governmental subdivision of the state
responsible by law for the prevention, control, and abatement of water pollution in any area of
the state;
(3) water pollution control program means the Minnesota state water pollution control
program created by subdivision 1;
(4) bond account means the Minnesota state water pollution control bond account created in
the state bond fund by section 116.17, subdivision 4;
(5) terms defined in section 115.01 have the meanings therein given them;
(6) the eligible cost of any municipal project, except as otherwise provided in clause (7),
includes (a) preliminary planning to determine the economic, engineering, and environmental
feasibility of the project; (b) engineering, architectural, legal, fiscal, economic, sociological,
project administrative costs of the agency and the municipality, and other investigations and
studies; (c) surveys, designs, plans, working drawings, specifications, procedures, and other
actions necessary to the planning, design, and construction of the project; (d) erection, building,
acquisition, alteration, remodeling, improvement, and extension of disposal systems; (e)
inspection and supervision of construction; and (f) all other expenses of the kinds enumerated in
section 475.65;
(7) for state grants under the state independent grants program, the eligible cost includes
the acquisition of land for stabilization ponds, the construction of collector sewers for totally
unsewered statutory and home rule charter cities and towns described under section 368.01,
subdivision 1
or 1a, that are in existence on January 1, 1985, and the provision of reserve capacity
sufficient to serve the reasonable needs of the municipality for 20 years in the case of treatment
works and 40 years in the case of sewer systems. For state grants under the state independent
grants program, the eligible cost does not include the provision of service to seasonal homes, or
cost increases from contingencies that exceed three percent of as-bid costs or cost increases from
unanticipated site conditions that exceed an additional two percent of as-bid costs;
(8) authority means the Minnesota Public Facilities Authority established in section 446A.03.
    Subd. 3. Receipts. The commissioner of finance shall deposit in the state treasury and
credit to a separate account in the bond proceeds fund as received all proceeds of Minnesota
water pollution control bonds, except accrued interest and premiums received upon the sale
thereof. All money granted to the state for such purposes by the federal government or any
agency thereof must be credited to a separate account in the federal fund. All such receipts are
annually appropriated for the permanent construction and improvement purposes of the water
pollution control program, and shall be and remain available for expenditure in accordance with
this section and federal law until the purposes for which such appropriations were made have
been accomplished or abandoned.
    Subd. 4. Disbursements. Disbursements for the water pollution control program shall be
made by the commissioner of finance at the times and in the amounts requested by the agency or
the Minnesota Public Facilities Authority in accordance with the applicable state and federal law
governing such disbursements; except that no appropriation or loan of state funds for any project
shall be disbursed to any municipality until and unless the agency has by resolution determined
the total estimated cost of the project, and ascertained that financing of the project is assured by:
(1) a grant to the municipality by an agency of the federal government within the amount of
funds then appropriated to that agency and allocated by it to projects within the state; or
(2) a grant of funds appropriated by state law; or
(3) a loan authorized by state law; or
(4) the appropriation of proceeds of bonds or other funds of the municipality to a fund for
the construction of the project; or
(5) any or all of the means referred to in clauses (1) to (4); and
(6) an irrevocable undertaking, by resolution of the governing body of the municipality, to
use all funds so made available exclusively for the construction of the project, and to pay any
additional amount by which the cost of the project exceeds the estimate, by the appropriation
to the construction fund of additional municipal funds or the proceeds of additional bonds to
be issued by the municipality; and
(7) conformity of the project and of the loan or grant application with the state water pollution
control plan as certified to the federal government and with all other conditions under applicable
state and federal law for a grant of state or federal funds of the nature and in the amount involved.
    Subd. 5. Rules. (a) The agency shall promulgate permanent rules for the administration of
grants and loans authorized to be made under the water pollution control program, which rules,
however, shall not be applicable to the issuance of bonds by the commissioner of finance as
provided in section 116.17. The rules shall contain as a minimum:
(1) procedures for application by municipalities;
(2) conditions for the administration of the grant or loan;
(3) criteria for the ranking of projects in order of priority for grants or loans, based on
factors including the extent and nature of pollution, technological feasibility, assurance of proper
operation, maintenance and replacement, and participation in multimunicipal systems; and
(4) such other matters as the agency and the commissioner find necessary to the proper
administration of the grant program.
(b) The agency shall award the amount of additional priority points necessary to place a
project in the fundable range of the intended use plan if the agency determines that the project
would repair a facility that is an imminent threat to discharge untreated or partially treated sewage
to the Boundary Waters Canoe Area Wilderness if it fails.
(c) For purposes of awarding independent state grants, the agency may by rule waive the
federal 20-year planning requirement for municipalities with a population of less than 1,500.
    Subd. 6.[Repealed, 1984 c 597 s 55]
    Subd. 7.[Repealed, 1984 c 597 s 55]
    Subd. 8. Loans. Each loan made to a municipality from the proceeds of state bonds, when
authorized by law, shall be evidenced by resolutions adopted by the agency and by the governing
body of the municipality, obligating the municipality to repay the loan to the commissioner
of finance, for credit to the water pollution control bond account in the state bond fund, in
annual installments including both principal and interest, each in an amount sufficient to pay the
principal amount within such period as may be provided by the agency in accordance with the
law authorizing the loan, with interest on the declining balance thereof at a rate not less than the
average annual interest rate on state bonds of the issue from the proceeds of which the loan was
made, and obligating the municipality to provide money for such repayment from user charges,
taxes, special assessments, or other funds available to it. For the purpose of repaying such loans
the municipality by resolution of its governing body may undertake to fix rates and charges for
disposal system service and enter into contracts for the payment by others of costs of construction,
maintenance, and use of the project in accordance with section 444.075, and may pledge the
revenues derived therefrom, and the agency may condition any such loans upon the establishment
of rates and charges or the execution of contracts sufficient to produce the revenues pledged.
    Subd. 9. Applications. Applications by municipalities for grants or loans under the water
pollution control program shall be made to the authority on forms requiring information
prescribed by rules of the agency. The authority shall send the application to the agency within ten
days of receipt. The commissioner shall certify to the authority those applications which appear to
meet the criteria set forth in sections 116.16 to 116.18 and the rules promulgated hereunder, and
the authority shall award the grants or loans on the basis of the criteria and priorities established
by the agency in its rules and in sections 116.16 to 116.18. A municipality that is designated under
agency rules to receive state or federal funding for a project and that does not make a timely
application for or that refuses the funding is not eligible for either state or federal funding for that
project in that fiscal year or the subsequent year.
    Subd. 9a. Subsequent grants. A municipality awarded a final grant of funding for a project
under the program established by the 1972 Federal Water Pollution Control Act amendments
or the state independent grants program is not eligible for additional funding to replace that
project under the federal program or the state program, unless the funding is necessary as a
result of subsequent changes in state water quality standards, effluent limits, or technical design
requirements, or for a municipality awarded the final grant before October 1, 1984, if the funding
is necessary for the provision of increased capacity.
    Subd. 10. Costs. To the extent the agency administers or engages in activities necessary
for administering any aspects of the Federal Water Pollution Control Act as amended, United
States Code, title 33, section 1251 et seq., the agency may assess the costs of such administrative
activities, in an amount not to exceed that allowed by federal law, against the federal construction
grant funds allotted to the state.
    Subd. 11. Awards of grants and loans. Upon certification by the commissioner of the
Pollution Control Agency, the authority shall notify a municipality that is to receive a grant or
loan and advise the municipality of the grant agreement or loan form or other document that must
be executed to complete the grant or loan. Upon certification from the commissioner that the
work has been completed and that payment is proper, the authority shall pay to the municipality
the periodic grant or loan payment.
    Subd. 12. Amendments. A municipality that seeks an amendment to a previously awarded
grant or loan shall follow the procedure in subdivision 9 for applying to the authority. The request
for a grant or loan amendment must be forwarded by the authority to the commissioner of the
Pollution Control Agency for consideration, and the authority shall process a grant or loan
amendment that is approved by the commissioner.
History: Ex1971 c 20 s 1; 1973 c 123 art 5 s 7; 1973 c 423 s 1-6; 1973 c 492 s 14; 1976 c 2
s 53; 1976 c 76 s 5; 1977 c 418 s 1; 1980 c 397 s 1; 1980 c 509 s 27; 1983 c 301 s 115; 1984 c
597 s 42-46; 1984 c 640 s 32; 1Sp1985 c 14 art 19 s 1,2; 1987 c 186 s 15; 1987 c 386 art 3 s
1-6; 1989 c 271 s 16-21; 1990 c 564 s 1,2; 1994 c 628 art 3 s 8; 1995 c 233 art 2 s 56; 1998 c
404 s 37; 2003 c 112 art 2 s 16,50
116.162 [Repealed, 1996 c 463 s 61]
116.163 AGENCY FUNDING APPLICATION REVIEW.
    Subdivision 1. Construction grant and loan applications. The agency shall, pursuant to
agency rules and within 90 days of receipt of a completed application for a wastewater treatment
facility construction grant or loan, grant or deny the application and notify the municipality of the
agency's decision. The time for consideration of the application by the agency may be extended
up to 180 days if the municipality and the agency agree it is necessary.
    Subd. 2. Limitation on municipal planning time. A municipality shall complete all
planning work required by the agency for award of a grant or loan, and be ready to advertise for
bids for construction, within two years of receipt of grant or loan funds under subdivision 1. The
planning time may be extended automatically by the amount of time the agency exceeds its
90-day review under subdivision 1.
    Subd. 3. Bid review. After a municipality has accepted bids for construction of a wastewater
treatment project, the agency must review the bids within 30 days of receipt.
History: 1986 c 465 art 3 s 4
116.165 INSPECTION RESPONSIBILITY.
When a wastewater treatment plant is constructed with federal funds and a federal agency
conducts inspections of the plant, the owner of the plant or the owner's designee must conduct
inspections and forward all inspection documents required by the agency to the agency for its
review.
History: 1986 c 465 art 3 s 5
116.167 [Repealed, 1987 c 386 art 3 s 30]
116.17 MINNESOTA STATE WATER POLLUTION CONTROL BONDS.
    Subdivision 1. Purpose and appropriation. For the purpose of providing money to be
appropriated or loaned to municipalities under the Minnesota state water pollution control program
for the acquisition and betterment of public land, buildings, and improvements of a capital nature
needed for the prevention, control, and abatement of water pollution in accordance with the
provisions of section 116.16, when such appropriations or loans are authorized by law and funds
therefor are requested by the agency, the commissioner of finance shall sell and issue bonds of the
state of Minnesota for the prompt and full payment of which, with interest thereon, the full faith,
credit, and taxing powers of the state are irrevocably pledged. Bonds shall be issued pursuant to
this section only as authorized by a law specifying the purpose thereof and the maximum amount
of the proceeds authorized to be expended for this purpose. Any act authorizing the issuance of
bonds for this purpose, together with this section, constitutes complete authority for such issue,
and such bonds shall not be subject to restrictions or limitations contained in any other law.
    Subd. 2. Issuance of bonds. Upon request by resolution of the agency and upon authorization
as provided in subdivision 1 the commissioner of finance shall sell and issue Minnesota state
water pollution control bonds in the aggregate amount requested, upon sealed bids and upon such
notice, at such price, in such form and denominations, bearing interest at a rate or rates, maturing
in amounts and on dates, with or without option of prepayment upon notice and at specified
times and prices, payable at a bank or banks within or outside the state, with provisions, if any,
for registration, conversion, and exchange and for the issuance of temporary bonds or notes in
anticipation of the sale or delivery of definitive bonds, and in accordance with further provisions,
as the commissioner of finance shall determine, subject to the approval of the attorney general,
but not subject to chapter 14, including section 14.386. The bonds shall be executed by the
commissioner of finance under official seal. The signature of the commissioner on the bonds and
any appurtenant interest coupons and the seal may be printed, lithographed, engraved, stamped,
or otherwise reproduced thereon, except that each bond shall be authenticated by the manual
signature on its face of the commissioner or of an authorized representative of a bank designated
by the commissioner as registrar or other authenticating agent. The commissioner of finance shall
ascertain and certify to the purchasers of the bonds the performance and existence of all acts,
conditions, and things necessary to make them valid and binding general obligations of the state
of Minnesota, subject to the approval of the attorney general.
    Subd. 3. Expenses. All expenses incidental to the sale, printing, execution, and delivery
of bonds pursuant to this section, including but not limited to actual and necessary travel and
subsistence expenses of state officers and employees for such purposes, and any expenses of
litigation relating to the validity of the bonds, shall be paid from the bond proceeds fund, and
the amounts necessary therefor are appropriated from that fund; provided that if any amount is
specifically appropriated for this purpose in an act authorizing the issuance of bonds pursuant to
this section, such expenses shall be limited to the amount so appropriated.
    Subd. 4. State water pollution control bond account in the state bond fund. The
commissioner of finance shall maintain in the state bond fund a separate bookkeeping account
which shall be designated as the state water pollution control bond account, to record receipts and
disbursements of money transferred to the fund to pay Minnesota state water pollution control
bonds and income from the investment of such money, which income shall be credited to the
account in each fiscal year in an amount equal to the approximate average return that year on all
funds invested by the commissioner of finance, as determined by the commissioner of finance,
times the average balance in the account that year.
    Subd. 5. Appropriations to bond account. The premium and accrued interest received on
each issue of Minnesota state water pollution control bonds, and all loan payments received
under the provisions of section 116.16, subdivision 5, shall be credited to the bond account. All
income from the investment of Minnesota state water pollution control bond proceeds, shall also
be credited to the bond account. In order to reduce the amount of taxes otherwise required to be
levied, there shall also be credited to the bond account therein from the general fund in the state
treasury, on November 1 in each year, a sum of money sufficient in amount, when added to the
balance then on hand therein, to pay all Minnesota water pollution control bonds and interest
thereon due and to become due to and including July 1 in the second ensuing year. All money
so credited and all income from the investment thereof is annually appropriated to the bond
account for the payment of such bonds and interest thereon, and shall be available in the bond
account prior to the levy of the tax in any year required by the Constitution, article XI, section
7. The commissioner of finance is directed to make the appropriate entries in the accounts of
the respective funds.
    Subd. 6. Tax levy. On or before December 1 in each year the state auditor shall levy on all
taxable property within the state whatever tax may be necessary to produce an amount sufficient,
with all money then and theretofore credited to the bond account, to pay the entire amount of
principal and interest then and theretofore due and principal and interest to become due on or
before July 1 in the second year thereafter on Minnesota water pollution control bonds. This tax
shall be subject to no limitation of rate or amount until all such bonds and interest thereon are
fully paid. The proceeds of this tax are appropriated and shall be credited to the state bond fund,
and the principal of and interest on the bonds are payable from such proceeds, and the whole
thereof, or so much as may be necessary, is appropriated for such payments. If at any time there is
insufficient money from the proceeds of such taxes to pay the principal and interest when due
on Minnesota water pollution control bonds, such principal and interest shall be paid out of the
general fund in the state treasury, and the amount necessary therefor is hereby appropriated.
History: Ex1971 c 20 s 2; 1973 c 423 s 7; 1973 c 492 s 14; 1976 c 2 s 172; 1982 c 424 s
130; 1983 c 301 s 116; 1Sp1985 c 14 art 4 s 14; 1989 c 271 s 22-24; 1995 c 233 art 2 s 56;
1997 c 187 art 5 s 14; 2003 c 112 art 2 s 17,50
116.18 WATER POLLUTION CONTROL FUNDS; APPROPRIATIONS AND BONDS.
    Subdivision 1. Appropriation from the bond proceeds fund. The sum of $167,000,000,
or so much thereof as may be necessary, is appropriated from the bond proceeds fund in the
state treasury to the Pollution Control Agency, for the period commencing on July 23, 1971, to
be granted and disbursed to municipalities and agencies of the state in aid of the construction
of projects conforming to section 116.16, in accordance with the rules, priorities, and criteria
therein described.
    Subd. 2.[Repealed, 1Sp1985 c 14 art 19 s 38]
    Subd. 2a. State matching grants program beginning October 1, 1987. For projects
tendered, on or after October 1, 1987, a grant of federal money under section 201(g), section 202,
203, or 206(f) of the Federal Water Pollution Control Act, as amended, United States Code,
title 33, sections 1251 to 1376, at 55 percent or more of the eligible cost for construction of the
treatment works, state money appropriated under subdivision 1 must be expended for 50 percent
of the nonfederal share of the eligible cost of construction for municipalities with populations of
25,000 or less.
    Subd. 3.[Repealed, 1973 c 423 s 10]
    Subd. 3a. State independent grants program. (a) The Public Facilities Authority must
adopt the objective of maintaining financial assistance to municipalities that the agency has
listed on its annual municipal project list of approximately 50 percent of the eligible cost of
construction for municipalities with populations over 25,000 and 80 percent of the eligible cost
for municipalities with populations of 25,000 or less. Financial assistance may be provided by the
Public Facilities Authority through a combination of low interest loans under the state revolving
fund under chapter 446A, independent state grants, and other financial assistance available to
the municipality. The Public Facilities Authority may award independent grants for projects
certified by the state pollution control commissioner for 35 percent or, if the population of the
municipality is 25,000 or less, 65 percent of the eligible cost of construction. These grants may
be awarded in separate steps for planning and design in addition to actual construction. Not
more than $2,000,000 of the total amount of grants awarded under this subdivision in any single
fiscal year may be awarded to a single grantee.
(b) Up to $1,000,000 of the money to be awarded as grants under this subdivision in any
single fiscal year shall be set aside for municipalities having substantial economic development
projects that cannot come to fruition without municipal wastewater treatment improvements. The
agency shall forward its municipal needs list to the authority at the beginning of each fiscal
year, and the authority shall review the list and identify those municipalities having substantial
economic development projects. After the available money is allocated to municipalities in
accordance with agency priorities, the set-aside shall be used by the authority to award grants to
remaining municipalities that have been identified.
(c) Grants may also be awarded under this subdivision to reimburse municipalities willing to
proceed with projects and be reimbursed in a subsequent year at the grant percentage determined
in paragraph (a).
(d) Municipalities that entered into an intent to award agreement with the agency under
paragraph (c), in the state fiscal years 1985 to 1988, will be reimbursed at 55 percent or, if the
population of the municipality is 25,000 or less, 85 percent of the eligible cost of construction.
    Subd. 3b. Capital cost component grant. (a) The definitions of "capital cost component,"
"capital cost component grant," "service fee," "service contract," and "private vendor" in section
471A.02 apply to this subdivision.
(b) Beginning in fiscal year 1989, up to $1,500,000 of the money to be awarded as grants
under subdivision 3a in any single fiscal year may be set aside for the award of capital cost
component grants to municipalities on the municipal needs list for part of the capital cost
component of the service fee under a service contract for a term of at least 20 years with a private
vendor for the purpose of constructing and operating wastewater treatment facilities.
(c) The amount granted to a municipality shall be 50 percent of the average total eligible costs
of municipalities of similar size recently awarded state and federal grants under the provisions of
subdivisions 2a and 3a and the Federal Water Pollution Control Act, United States Code, title 33,
sections 1281 to 1299. Federal and state eligibility requirements for determining the amount of
grant dollars to be awarded to a municipality are not applicable to municipalities awarded capital
cost component grants. Federal and state eligibility requirements for determining which cities
qualify for state and federal grants are applicable, except as provided in this subdivision.
(d) Except as provided in this subdivision, municipalities receiving capital cost component
grants shall not be required to comply with federal and state regulations regarding facilities
planning and procurement contained in sections 116.16 to 116.18, except those necessary to
issue a national pollutant discharge elimination system permit or state disposal system permit
and those necessary to assure that the proposed facilities are reasonably capable of meeting the
conditions of the permit over 20 years. The municipality and the private vendor shall be parties
to the permit. Municipalities receiving capital cost component grants may also be exempted by
rules of the agency from other state and federal regulations relating to the award of state and
federal grants for wastewater treatment facilities, except those necessary to protect the state
from fraud or misuse of state funds.
(e) Funds shall be distributed from the set-aside to municipalities that apply for the funds in
accordance with these provisions in the order of their ranking on the municipal needs list.
(f) The authority shall award capital cost component grants to municipalities selected
by the state pollution control commissioner upon certification by the state pollution control
commissioner that the municipalities' projects and applications have been reviewed and approved
in accordance with this subdivision and agency rules adopted under paragraph (g).
(g) The agency shall adopt permanent rules to provide for the administration of grants
awarded under this subdivision.
(h) The commissioner of employment and economic development may adopt rules
containing procedures for administration of the authority's duties as set forth in paragraph (f).
    Subd. 3c. Individual on-site treatment systems and alternative discharging sewage
systems program. (a) Beginning in fiscal year 1989, up to ten percent of the money to be awarded
as grants under subdivision 3a in any single fiscal year, up to a maximum of $1,000,000, may be
set aside for the award of grants by the agency to municipalities to reimburse owners of individual
on-site wastewater treatment systems or alternative discharging sewage systems for a part of the
costs of upgrading or replacing the systems.
(b) An individual on-site treatment system is a wastewater treatment system, or part thereof,
that uses soil treatment and disposal technology to treat 5,000 gallons or less of wastewater per
day from dwellings or other establishments.
(c) An alternative discharging sewage system is a system permitted under section 115.58 that:
(1) serves one or more dwellings and other establishments;
(2) discharges less than 10,000 gallons of water per day; and
(3) uses any treatment and disposal methods other than subsurface soil treatment and disposal.
(d) Municipalities may apply yearly for grants of up to 50 percent of the cost of replacing or
upgrading individual on-site treatment systems, including conversion to an alternative discharging
sewage system, within their jurisdiction, up to a limit of $5,000 per system or per connection to a
cluster system. Before agency approval of the grant application, a municipality must certify that:
(1) it has adopted and is enforcing the requirements of Minnesota Rules governing individual
sewage treatment systems;
(2) the existing systems for which application is made do not conform to those rules, are
at least 20 years old, do not serve seasonal residences, and were not constructed with state
or federal funds; and
(3) the costs requested do not include administrative costs, costs for improvements or
replacements made before the application is submitted to the agency unless it pertains to the
plan finally adopted, and planning and engineering costs other than those for the individual
site evaluations and system design.
(e) The federal and state regulations regarding the award of state and federal wastewater
treatment grants do not apply to municipalities or systems funded under this subdivision, except
as provided in this subdivision.
(f) The agency shall adopt permanent rules regarding priorities, distribution of funds,
payments, inspections, procedures for administration of the agency's duties, and other matters that
the agency finds necessary for proper administration of grants awarded under this subdivision.
    Subd. 3d. Adjustments to matching grants and state independent grants. A municipality
with a population of 25,000 or less that was tendered a state matching grant under subdivision
2a, or a state independent grant under subdivision 3a, or a federal grant under the Federal Water
Pollution Control Act, United States Code, title 33, sections 1281 to 1299, from October 1, 1984,
through September 30, 1987, shall, after the municipality has awarded bids for construction of the
treatment works, and upon request, receive a grant increase of 2.5 percent of the total eligible
costs of construction, up to the maximum entitlement for grants awarded on or after October 1,
1987, under subdivisions 2a and 3a. The municipality must inform other entities that are providing
funding for construction of the treatment works of the grant increase, and repay any funds to
which it is not entitled. A municipality must not receive funding for more than 100 percent of the
total costs of the treatment works. Documentation of money received from other sources must be
submitted with the request for the grant increase. Money remaining after all grants have been
awarded under this subdivision may be used for the award of grants under subdivisions 2a and 3a.
An adjustment grant awarded after July 1, 1989, that is a continuation of a previously awarded
adjustment grant must be awarded through a letter from the agency to the municipality stating
the grant amount. A formal grant agreement is not required.
    Subd. 4. Bond authorization. For the purpose of providing money appropriated in
subdivision 1 for grants to municipalities and agencies of the state for the acquisition and
betterment of public land, buildings, and improvements of a capital nature needed for the
prevention, control, and abatement of water pollution, the commissioner of finance is authorized
upon request of the Pollution Control Agency to sell and issue Minnesota state water pollution
control bonds in the amount of $156,000,000, in the manner and upon the conditions prescribed
in section 116.17 and in the Constitution, article XI, sections 4 to 7. The proceeds of the bonds,
except as provided in section 116.17, subdivision 5, are appropriated and shall be credited to a
Minnesota state water pollution control account in the bond proceeds fund. The amount of bonds
issued pursuant to this authorization shall not exceed at any time the amount needed to produce a
balance in the water pollution control account equal to the aggregate amount of grants then
approved and not previously disbursed, plus the amount of grants to be approved in the current
and the following fiscal year, as estimated by the Pollution Control Agency.
    Subd. 5. Federal and other funds. All federal and other funds made available for any
purpose of the water pollution control program are also appropriated for the program.
    Subd. 6. Continuance of appropriations. None of the appropriations made in this section
shall lapse until the purpose for which it is made has been accomplished or abandoned. The
amount of each grant approved for the water pollution control program shall be and remain
appropriated for that purpose until the grant is fully disbursed or part or all thereof is revoked
by the Pollution Control Agency.
History: Ex1971 c 20 s 3; 1973 c 423 s 8,9; 1973 c 492 s 14; 1973 c 771 s 1,2; 1975 c 354 s
1,2; 1976 c 2 s 172; 1977 c 418 s 2,3; 1979 c 285 s 1,2; 1981 c 361 s 14,15; 1983 c 301 s 117;
1984 c 597 s 47; 1Sp1985 c 14 art 19 s 4-6; 1987 c 186 s 15; 1987 c 277 s 1,2; 1987 c 312 art
1 s 26 subd 2; 1987 c 386 art 3 s 7,8; 1988 c 686 art 1 s 59; 1989 c 271 s 25-28; 1989 c 300
art 1 s 28; 1989 c 354 s 1,2; 1990 c 564 s 3; 1993 c 180 s 5; 1997 c 246 s 13; 1998 c 401 s 44;
1998 c 404 s 38; 1Sp2003 c 4 s 1
116.181 CORRECTIVE ACTION GRANTS.
    Subdivision 1. Definitions. (a) The definitions in section 116.16, subdivision 2, apply to
this section.
(b) "Corrective action" means action taken to upgrade or correct wastewater treatment
facilities, funded under the Federal Water Pollution Control Act or the independent state grants
program, that have failed to meet performance standards, and includes engineering, design,
construction, legal assistance, and other action as the agency may allow.
    Subd. 2. Set aside. In any fiscal year, up to ten percent of the money available for
independent state grants, up to a maximum of $1,000,000, may be set aside for the award of
grants to municipalities for corrective action.
    Subd. 3. Grant limitations. The amount of a corrective action grant awarded to a
municipality shall not exceed $500,000. In no event shall the grant amount exceed the cost of
the corrective action. Construction costs that were not eligible under the original grant are not
eligible under a corrective action grant.
    Subd. 4. Repayment. Any municipality that is awarded a corrective action grant shall
seek recovery from any person who is responsible for the failure of the facility to perform. The
municipality shall reimburse the state in the event the municipality recovers any funds from
responsible persons. Any repayments must be deposited in the Minnesota state water pollution
control fund.
    Subd. 5. Award of grants. Until June 30, 1988, the agency shall award corrective action
grants. On July 1, 1988, the authority shall award corrective action grants to municipalities
selected by the state pollution control commissioner upon certification by the state pollution
control commissioner that the municipalities' projects and applications have been reviewed and
approved in accordance with this section and agency rules adopted under subdivision 6.
    Subd. 6. Rules of the agency. The agency shall promulgate permanent rules for the
administration of the corrective action grant program. The rules must contain at a minimum:
(1) the method for determining the amount of the corrective action grant;
(2) application requirements;
(3) criteria for determining which municipalities will be awarded grants when there are
more applicants than money;
(4) conditions for use of the grant funds;
(5) identification of eligible costs;
(6) the amount that must be reimbursed to the authority in the event funds are recovered by
the municipality from the responsible person; and
(7) other matters that the agency finds necessary for proper administration of the program.
    Subd. 7. Rules of the authority. The commissioner of employment and economic
development may adopt rules containing procedures for administration of the authority's duties as
set forth in subdivision 5.
History: 1987 c 186 s 15; 1987 c 277 s 3; 1987 c 312 art 1 s 26 subd 2; 1995 c 233 art 2 s
56; 1Sp2003 c 4 s 1
116.182 FINANCIAL ASSISTANCE PROGRAM.
    Subdivision 1. Definitions. (a) For the purposes of this section, the terms defined in this
subdivision have the meanings given them.
(b) "Agency" means the Pollution Control Agency.
(c) "Authority" means the Public Facilities Authority established in section 446A.03.
(d) "Commissioner" means the commissioner of the Pollution Control Agency.
(e) "Essential project components" means those components of a wastewater disposal system
that are necessary to convey or treat a municipality's existing wastewater flows and loadings.
(f) "Municipality" means a county, home rule charter or statutory city, town, the Metropolitan
Council, an Indian tribe or an authorized Indian tribal organization; or any other governmental
subdivision of the state responsible by law for the prevention, control, and abatement of water
pollution in any area of the state.
(g) "Outstanding international resource value waters" are the surface waters of the state in
the Lake Superior Basin, other than Class 7 waters and those waters designated as outstanding
resource value waters.
(h) "Outstanding resource value waters" are those that have high water quality, wilderness
characteristics, unique scientific or ecological significance, exceptional recreation value, or other
special qualities that warrant special protection.
    Subd. 2. Applicability. This section governs the commissioner's certification of projects
seeking financial assistance under section 103F.725, subdivision 1a; 446A.07; 446A.072; or
446A.073.
    Subd. 3. Project review. The commissioner shall review a municipality's proposed project to
determine whether it meets the criteria in this section and the rules adopted under this section.
The review must include a determination of the essential project components for wastewater
treatment projects.
    Subd. 3a. Notification of other government units. In addition to other applicable statutes
or rules that are required to receive financial assistance consistent with this subdivision, the
commissioner may not approve or certify a project to the Public Facilities Authority for
wastewater financial assistance unless the following requirements are met:
(1) prior to the initiation of the public facilities planning process for a new wastewater
treatment system, the project proposer gives written notice to all municipalities within ten miles
of the proposed project service area, including the county in which the project is located, the
Office of Strategic and Long-Range Planning, and the Pollution Control Agency. The notice shall
state the proposer's intent to begin the facilities planning process and provide a description of
the need for the proposed project. The notice also shall request a response within 30 days of the
notice date from all government units who wish to receive and comment on the future facilities
plan for the proposed project;
(2) during development of the facility plan's analysis of service alternatives, the project
proposer must request information from all municipalities and sanitary districts which have
existing systems that have current capacity to meet the proposer's needs or can be upgraded to
meet those needs. At a minimum, the proposer must notify in writing those municipalities and
sanitary districts whose corporate limits or boundaries are within three miles of the proposed
project's service area;
(3) 60 days prior to the municipality's public hearing on the facilities plan, a copy of the draft
facilities plan and notice of the public hearing on the facilities plan must be given to the local
government units who previously expressed interest in the proposed project under clause (1);
(4) for a proposed project located or proposed to be located outside the corporate limits of a
city, the affected county has certified to the agency that the proposed project is consistent with the
applicable county comprehensive plan and zoning and subdivision regulations; and
(5) copies of the notifications required under clauses (1) and (2), as well as the certification
from the county and a summary of the comments received, must be included by the municipality
in the submission of its facilities plan to the Pollution Control Agency, along with other required
items as specified in the agency's rules.
This subdivision does not apply to the Western Lake Superior Sanitary District or the
Metropolitan Council.
    Subd. 4. Certification of approved projects. The commissioner shall certify to the authority
each approved project, including for wastewater treatment projects a statement of the essential
project components and associated costs.
    Subd. 5. Rules. (a) The agency shall adopt rules for the administration of the financial
assistance program. For wastewater treatment projects, the rules must include:
(1) application requirements;
(2) criteria for the ranking of projects in order of priority based on factors including the type
of project and the degree of environmental impact, and scenic and wild river standards; and
(3) criteria for determining essential project components.
(b) Notwithstanding Minnesota Rules, chapter 7077, the agency shall apply the following
criteria to Minnesota Rules, part 7077.0119:
(1) ten points shall be assigned if the municipality proposing the project holds a NPDES
permit for a municipal separate storm sewer system and is implementing a storm water pollution
prevention plan pursuant to Code of Federal Regulations, title 40, section 122.34, that addresses
requirements resulting from a USEPA-approved TMDL for an impaired water listed under United
States Code, title 33, section 303(d), of the Clean Water Act; and
(2) up to ten points shall be assigned to a municipal storm water project by multiplying 20
times the ratio of the project area's impervious surface area to the total project area to be served by
the proposed best management practices. A maximum of ten points shall be awarded and any
fraction of a point shall be rounded up to the nearest whole number.
(c) Paragraph (b) expires on June 30, 2012.
    Subd. 6. Transfer of funds. As the projects in the programs specified under section 116.18,
except the program under subdivision 3c of that section, are completed, any amounts remaining
from appropriations for the programs are appropriated to the authority for the wastewater
infrastructure funding program in section 446A.072, provided this use of the funds does not
violate applicable provisions of any bond or note resolutions, indentures, or other instruments,
contracts, or agreements associated with the source of the funds.
History: 1992 c 601 s 10; 1994 c 628 art 3 s 9; 1994 c 632 art 2 s 32-35; 1996 c 463
s 60; 1998 c 404 s 39,40; 1999 c 86 art 1 s 24; 2000 c 492 art 1 s 44; 2005 c 20 art 1 s 32;
2007 c 96 art 2 s 1
116.19 [Repealed, 2002 c 379 art 1 s 114]

NUTRIENTS IN CLEANING AGENTS AND WATER CONDITIONERS

116.21 NUTRIENTS IN CLEANING AGENTS AND WATER CONDITIONERS,
CONTROL; STATEMENT OF POLICY.
The legislature seeks to encourage the Minnesota Pollution Control Agency through the
passage of sections 116.21 to 116.35, to set standards limiting the amount of nutrients in various
cleaning agents and water conditioning agents. The legislature realizes that the nutrients contained
in many of these products serve a valuable purpose in increasing their overall effectiveness, but
we are also aware that they overstimulate the growth of aquatic life and eventually lead to an
acceleration of the natural eutrophication process of our state's waters. Limitations imposed
under sections 116.21 to 116.35 should, however, be made taking the following factors into
consideration:
(1) The availability of safe, nonpolluting, and effective substitutes.
(2) The difference in the mineral content of water in various parts of the state.
(3) The differing needs of industrial, commercial and household users of cleaning agents and
chemical water conditioners.
History: 1971 c 896 s 1
116.22 DEFINITIONS.
    Subdivision 1. Applicability. For purposes of sections 116.21 to 116.35, the terms defined in
this section shall have the meanings given them.
    Subd. 2.MS 1990 [Renumbered subd 3]
    Subd. 2. Chemical water conditioner. "Chemical water conditioner" means a water
softening chemical, antiscale chemical, corrosion inhibitor or other substance intended to be
used to treat water.
    Subd. 3.MS 1990 [Renumbered subd 4]
    Subd. 3. Cleaning agent. "Cleaning agent" means a laundry detergent, dishwashing
compound, household cleaner, metal cleaner, degreasing compound, commercial cleaner,
industrial cleaner, phosphate compound or other substance intended to be used for cleaning
purposes.
    Subd. 4.MS 1990 [Renumbered subd 2]
    Subd. 4. Nutrient. "Nutrient" means a substance or combination of substances which, if
added to waters in sufficient quantities, provides nourishment that promotes growth of aquatic
vegetation in densities which:
(1) interfere with use of the waters by humans or by any animal, fish or plant useful to
humans, or
(2) contribute to degradation or alteration of the quality of the waters to an extent detrimental
to their use by humans or by any animal, fish or plant that is useful to humans.
History: 1971 c 896 s 2; 1986 c 444
116.23 PROHIBITION AND RESTRICTIONS.
    Subdivision 1. Nutrient concentrations. No person shall manufacture for use or sale in
Minnesota or import into Minnesota for resale any cleaning agent or chemical water conditioner
which contains a prescribed nutrient in a concentration that is greater than the prescribed maximum
permissible concentration of that nutrient in that cleaning agent or chemical water conditioner.
    Subd. 2. Residential dishwasher detergent. No person shall sell, distribute, offer, or
expose for sale at retail any household dishwasher detergent that contains more than 0.5 percent
phosphorus by weight. This subdivision does not apply to the sale or distribution of detergents for
commercial or institutional dishwashing purposes.
History: 1971 c 896 s 3; 2007 c 131 art 1 s 76
NOTE:The amendment to this section by Laws 2007, chapter 131, article 1, section 76, is
effective July 1, 2010. Laws 2007, chapter 131, article 1, section 76, the effective date.
116.24 RULES.
The Pollution Control Agency may make rules:
(1) prescribing for the purpose of section 116.23 nutrients and the maximum permissible
concentration if any, of a prescribed nutrient in any cleaning agent or chemical water conditioner;
(2) respecting the manner in which the concentration of any prescribed nutrient in a cleaning
agent or chemical water conditioner shall be determined; and
(3) requiring persons who manufacture in Minnesota any cleaning agent or chemical water
conditioner to maintain books and records necessary for the proper enforcement of sections
116.21 to 116.35 and rules thereunder, and to submit samples of cleaning agents or water
conditioners to the Pollution Control Agency.
History: 1971 c 896 s 4; 1985 c 248 s 70
116.25 SEIZURE.
    Subdivision 1. Agency may seize. The Pollution Control Agency may seize a cleaning agent
or chemical water conditioner which it reasonably believes was manufactured or imported in
violation of section 116.23.
    Subd. 2. Storage. A cleaning agent or chemical water conditioner seized under sections
116.21 to 116.35, may be kept or stored in the building or place where it was seized or may be
removed to any other proper place by or at the direction of the Pollution Control Agency.
    Subd. 3. Removal; sample. Except with the authority of the Pollution Control Agency, no
person shall remove, alter or interfere with a cleaning agent or chemical water conditioner seized
under sections 116.21 to 116.35, but the Pollution Control Agency shall, at the request of a person
from whom it was seized, furnish a sample thereof to the person for analysis.
History: 1971 c 896 s 5
116.26 RESTORATION.
    Subdivision 1. Application to district court. When a cleaning agent or chemical water
conditioner has been seized under sections 116.21 to 116.35, any person may within two months
after the date of seizure, upon prior notice in accordance with subdivision 2 to the Pollution
Control Agency by certified mail, apply to the district court within whose jurisdiction the seizure
was made for an order of restoration under subdivision 3.
    Subd. 2. Notice. Notice under subdivision 1 shall be mailed at least 15 days prior to the day
on which the application is to be made to the district court and shall specify:
(1) the district court to which the application is to be made;
(2) the place where and the time when the application is to be heard;
(3) the cleaning agent or chemical water conditioner in regard to which the application is
to be made; and
(4) the evidence upon which the applicant relies to establish entitlement to possession of the
cleaning agent or chemical water conditioner.
    Subd. 3. Return of items. Subject to section 116.27 when upon hearing, the district court is
satisfied (1) that the applicant is otherwise entitled to possession of the items seized, and (2) that
the items seized are not and will not be required as evidence in proceedings under sections 116.21
to 116.35, the court shall order that the items seized be restored forthwith to the applicant. Where
the court is satisfied that the applicant is otherwise entitled to possession but is not satisfied as to
the necessity for retention as evidence, the court shall order restoration to the applicant (1) four
months after the date of seizure if no proceedings under section 116.23 have been commenced
before that time, or (2) upon the final conclusion of any such proceedings.
    Subd. 4. Disposal. When no application has been made under subdivision 1 within two
months from the date of seizure, or when upon application no order of restoration is made, the
items seized shall be delivered to the Pollution Control Agency, which may dispose of them as
it sees fit.
History: 1971 c 896 s 6; 1978 c 674 s 60; 1986 c 444
116.27 ADDITIONAL PROHIBITION.
    Subdivision 1. Phosphorus content. No manufacturer, wholesaler, or retailer shall sell,
possess with intent to sell, or display for sale, a household laundry or dishwashing compound,
including household detergents and presoaks, unless a verified or certified test result is filed with
the Pollution Control Agency stating the percentage content of phosphorus by weight contained
in the product.
    Subd. 2. Tests. Tests shall be conducted pursuant to the methods and procedures adopted
by the federal Water Quality Administration.
History: 1971 c 896 s 7
116.28 LISTS REQUIRED.
    Subdivision 1. Contents of product. No household laundry or dishwashing compound,
including household detergents and presoaks, shall be sold or displayed for sale unless the product
name is on a list prominently displayed near the product display stating the phosphorus content by
percentage of weight to weight of the package contents. The products shall be listed in descending
order and in letters and figures not less than one half inch high and proportionately wide. No list
shall be required if the Pollution Control Agency adopts and has in effect standards for maximum
allowable phosphorus content of household laundry and dishwashing compounds.
    Subd. 2. Current listing; availability. The Pollution Control Agency shall supply any
person upon request with a current listing of household laundry and dishwashing compounds
and their phosphorus contents received pursuant to sections 116.21 to 116.35. This list shall be
updated periodically.
History: 1971 c 896 s 8; 1974 c 275 s 1,2
116.29 FORFEITURE.
    Subdivision 1. Conviction. When a person is convicted of an offense under section 116.28
any cleaning agent or chemical water conditioner seized in accordance with sections 116.21 to
116.35 is forfeited to the Pollution Control Agency and shall be disposed of as it directs.
    Subd. 2. Consent. When a cleaning agent or chemical water conditioner is seized under
sections 116.21 to 116.35, the owner or the person in whose possession it was at the time of
seizure consents in writing to its destruction, it is forfeited to the Pollution Control Agency
and shall be disposed of as it directs.
History: 1971 c 896 s 9
116.30 [Repealed, 1973 c 374 s 22]
116.31 [Repealed, 1973 c 374 s 22]
116.32 ORDER TO REFRAIN.
If a person is convicted of an offense under sections 116.21 to 116.35, the court may, in
addition to any punishment it may impose, order that person to refrain from any further violations
of the provision of sections 116.21 to 116.35, or rules for the violation of which the offender has
been convicted, or to cease to carry on any activity specified in the order the carrying on of which,
in the opinion of the court, will or is likely to result in any further violation thereof.
History: 1971 c 896 s 12; 1985 c 248 s 70; 1986 c 444
116.33 PROOF OF OFFENSE.
In a prosecution for an offense under sections 116.21 to 116.35, it is sufficient proof of the
offense to establish that it was committed by an employee or agent of the accused whether or
not the employee agent is identified or has been prosecuted for the offense, unless the accused
establishes that the offense was committed without the accused's knowledge or consent and that
the accused exercised all due diligence to prevent its commission.
History: 1971 c 896 s 13; 1986 c 444
116.34 TIME LIMITED FOR PROCEEDINGS.
Proceedings in respect of an offense under sections 116.21 to 116.35, may be instituted at
any time within two years after the time when the subject matter of the proceedings arose.
History: 1971 c 896 s 14
116.35 TRIAL OF OFFENSES.
Any complaint or information in respect of an offense under sections 116.21 to 116.35, may
be heard, tried or determined by a court if the accused is resident or carrying on business within
the territorial jurisdiction of that court although the matter of the complaint or information did not
arise in that territorial jurisdiction.
History: 1971 c 896 s 15

PCB

116.36 DEFINITIONS.
    Subdivision 1. Applicability. For the purposes of sections 116.36 to 116.38, the following
terms have the meanings given.
    Subd. 2. Agency. "Agency" means the Minnesota Pollution Control Agency.
    Subd. 3. Commissioner. "Commissioner" means the commissioner of the Pollution Control
Agency.
    Subd. 4. PCB. "PCB" means the class of organic compounds known as polychlorinated
biphenyls and includes any of several compounds produced by replacing one or more hydrogen
atoms on the biphenyl molecule with chlorine. PCB does not include chlorinated biphenyl
compounds that have functional groups attached other than chlorine.
    Subd. 5. Person. "Person" has the meaning specified in section 115.01, subdivision 10.
History: 1976 c 344 s 1; 1977 c 347 s 16; 1987 c 186 s 15; 1990 c 594 art 1 s 51
116.37 PCB; PROHIBITED USE.
    Subdivision 1. Certificate of exemption. Beginning January 1, 1978, no person shall use,
possess, sell, purchase or manufacture PCB or any product containing PCB unless the use,
possession, sale, purchase or manufacture of PCB or products containing PCB is exempted by
the agency. If the agency finds after there is opportunity for a public hearing on an application
presented by any person, that no substitutes or feasible alternatives are reasonably available for
PCB or a product containing PCB or class of products containing PCB, it shall grant a certificate
of exemption which shall clearly set out the permitted use, possession, sale or purchase of PCB or
a PCB product containing PCB. If the agency grants a certificate of exemption, it shall be valid
for all subsequent uses of PCB or products containing PCB if the subsequent uses are consistent
with the terms and conditions of the certificate of exemption. In granting certificates of exemption
the agency shall at all times consider the public health and safety threatened by the use of PCB.
In the consideration of certificates of exemption for the use or replacement of existing electrical
transformers and capacitors the agency shall review, but not be limited to, considerations of the
safety of proven alternatives, replacement costs and rules controlling the final disposal of PCB.
    Subd. 2. Exclusion. In no event shall the certificate of exemption requirement or the
labeling requirement of this section apply to any individual person who purchases or otherwise
acquires a product containing PCB intended for consumer use in the home, provided that the
use has previously been exempted by the agency and that the use is consistent with the terms
and conditions of the certificate of exemption. Wastepaper, pulp, or other wood fiber materials
purchased for use within this state in the manufacture of recycled paper products are exempt
from the requirements of this section.
    Subd. 3. Labels required. Beginning July 1, 1977, no person in this state shall add PCB in
the manufacture of any new item, product or material, nor shall any person in this state sell any
new item, product or material to which PCB has been added unless the PCB or products containing
PCB are conspicuously labeled to disclose the presence of PCB and the concentrations of PCB.
    Subd. 4. Rules. The agency shall promulgate rules by January 1, 1977, governing the
granting of certificates of exemption and the requirements of labels specified in subdivision 3. The
rules governing the requirement of labels specified in subdivision 3 may require other information
relating to the public health and environmental effects of PCB and shall apply to persons holding
certificates of exemption.
    Subd. 5. Penalties. Violations of this section and sections 116.36 and 116D.045 shall be
subject to the provisions of section 115.071.
History: 1976 c 344 s 2
116.38 PCB BURNING.
    Subdivision 1. State policy. The legislature finds that risks to human health must be
adequately evaluated before a facility may burn PCB's. The legislature also finds that if there is
a risk to human health, all human health must be treated with equal concern, and facilities that
cause risks to human health must not be allowed to operate in sparsely populated areas if they
would not be allowed to operate in heavily populated areas.
    Subd. 2. EIS required. The Pollution Control Agency may not allow burning of wastes
containing 50 ppm or greater PCB's by permit or otherwise unless an environmental impact
statement is completed. It may not renew a permit for burning wastes containing 50 ppm or
greater PCB's until an environmental impact statement is completed. This section does not apply
to experimental burning of small quantities of waste containing 50 ppm or greater PCB's.
History: 1990 c 594 art 1 s 52

OZONE LAYER PRESERVATION

116.39 OZONE LAYER PRESERVATION.
    Subdivision 1. Sale prohibited. Except as provided by subdivision 3, after July 1, 1979,
no person shall sell or offer for sale in this state any pressurized container which contains as a
propellant trichloromonofluoromethane, difluorodichloromethane, dichlorotetrafluoroethane, or
any other saturated chlorofluorocarbon compound or other similar inert fluorocarbon compound
that does not contain reactive carbon hydrogen bonds.
    Subd. 2. Warning. Commencing October 31, 1977, no person shall sell or offer for sale at
wholesale in this state a pressurized container using chlorofluorocarbon propellants unless the
container has prominently displayed on the front panel this statement: "Warning: Contains a
chlorofluorocarbon that may harm the public health and environment by reducing ozone in the
upper atmosphere."
    Subd. 3. Other compounds permitted. Nothing in this section prohibits the sale or
use of refrigeration equipment containing chlorofluorocarbon compounds, or the sale of
chlorofluorocarbon compounds for use in such equipment. This section shall not apply to the sale
of chlorofluorocarbon compounds for the following essential medical uses:
(a) metered-dose steroid human drugs for nasal inhalation;
(b) metered-dose steroid human drugs for oral inhalation;
(c) metered-dose adrenergic bronchodilator human drugs for oral inhalation;
(d) contraceptive vaginal foams for human use; or
(e) cytology fixatives; nor
for other medical uses by or under the supervision of a licensed physician, dentist
or veterinarian, or a hospital, nursing home or other health care institution licensed by the
Department of Health. This section shall also not apply to the sale of chlorofluorocarbon
compounds for use in the cleaning, maintenance, testing and repair of electronic equipment.
    Subd. 4. Penalty. A violation of this section is a misdemeanor.
History: 1977 c 373 s 1

WASTE FACILITY TRAINING AND CERTIFICATION

116.41 WASTE AND WASTE FACILITIES TRAINING AND CERTIFICATION.
    Subdivision 1.[Repealed, 1983 c 373 s 72]
    Subd. 1a.[Repealed, 1983 c 373 s 72]
    Subd. 2. Training and certification programs. The agency shall develop standards of
competence for persons operating and inspecting various classes of disposal facilities. The agency
shall conduct training programs for persons operating facilities for the disposal of waste and for
inspectors of such facilities, and may charge such fees as are necessary to cover the actual costs of
the training programs. All fees received shall be paid into the state treasury and credited to the
Pollution Control Agency training account and are appropriated to the agency to pay expenses
relating to the training of disposal facility personnel.
The agency shall require operators and inspectors of such facilities to obtain from the agency
a certificate of competence. The agency shall conduct examinations to test the competence of
applicants for certification, and shall require that certificates be renewed at reasonable intervals.
The agency may charge such fees as are necessary to cover the actual costs of receiving and
processing applications, conducting examinations, and issuing and renewing certificates.
Certificates shall not be required for a private individual for landspreading and associated interim
and temporary storage of sewage sludge on property owned or farmed by that individual.
    Subd. 3. Regulation and enforcement assistance. The agency shall establish a program to
provide technical and financial assistance for regulation and enforcement to counties which have
certified operators and inspectors conforming to the requirements of the agency, chapters 400
and 473, and sections 115A.01 to 115A.72.
    Subd. 4. Rules. The agency shall adopt, amend, and rescind rules as may be necessary to
carry out the provisions of this section in accordance with chapter 14.
History: 1973 c 646 s 1; 1980 c 564 art 11 s 13; 1981 c 352 s 29; 1982 c 424 s 130; 1983 c
301 s 118; 1987 c 348 s 31; 1987 c 404 s 146; 1989 c 335 art 4 s 46

TOXIC SUBSTANCES DEPOSITION

116.42 ACID DEPOSITION; LEGISLATIVE INTENT.
The legislature recognizes that acid deposition substantially resulting from the conduct of
commercial and industrial operations, both within and without the state, poses a present and
severe danger to the delicate balance of ecological systems within the state, and that the failure to
act promptly and decisively to mitigate or eliminate this danger will soon result in untold and
irreparable damage to the agricultural, water, forest, fish, and wildlife resources of the state.
It is therefore the intent of the legislature in enacting sections 116.42 to 116.45 to mitigate or
eliminate the acid deposition problem by curbing sources of acid deposition within the state and
to support and encourage other states, the federal government, and the province of Ontario in
recognizing the dangers of acid deposition and taking steps to mitigate or eliminate it within
their own jurisdictions.
History: 1982 c 482 s 1
116.43 ACID DEPOSITION DEFINED.
As used in sections 116.42 to 116.45, "acid deposition" means the wet or dry deposition
from the atmosphere of chemical compounds, usually in the form of rain or snow, having the
potential to form an aqueous compound with a pH level lower than the level considered normal
under natural conditions, or lower than 5.6.
History: 1982 c 482 s 2
116.44 SENSITIVE AREAS; STANDARDS.
    Subdivision 1. List of areas. By January 1, 1983, the Pollution Control Agency shall publish
a preliminary list of counties determined to contain natural resources sensitive to the impacts of
acid deposition. Sensitive areas shall be designated on the basis of:
(a) the presence of plants and animal species which are sensitive to acid deposition;
(b) geological information identifying those areas which have insoluble bedrock which is
incapable of adequately neutralizing acid deposition; and
(c) existing acid deposition reports and data prepared by the Pollution Control Agency and
the federal Environmental Protection Agency. The Pollution Control Agency shall conduct public
meetings on the preliminary list of acid deposition sensitive areas. Meetings shall be concluded
by March 1, 1983, and a final list published by May 1, 1983.
    Subd. 2. Standards. (a) By January 1, 1986, the agency shall adopt an acid deposition
standard for wet plus dry acid deposition in the acid deposition sensitive areas listed pursuant to
subdivision 1.
(b) By January 1, 1986, the agency shall adopt an acid deposition control plan to attain and
maintain the acid deposition standard adopted under clause (a), addressing sources both inside
and outside of the state which emit more than 100 tons of sulphur dioxide per year. The plan shall
include an analysis of the estimated compliance costs for facilities emitting sulphur dioxide. Any
emission reductions required inside of the state shall be based on the contribution of sources
inside of the state to acid deposition in excess of the standard.
(c) By January 1, 1990, sources located inside the state shall be in compliance with the
provisions of the acid deposition control plan.
History: 1982 c 482 s 3; 1984 c 519 s 1; 1989 c 209 art 1 s 11; 1997 c 187 art 1 s 11
116.45 [Obsolete, 1Sp2005 c 1 art 2 s 161]
116.454 MONITORING PROGRAM.
By July 1, 1993, the agency shall establish a statewide monitoring program for, and
inventory of probable sources of, releases into the air, ambient concentrations in the air, and
deposition from the air of toxic substances.
History: 1992 c 546 s 3

STORAGE TANKS

116.46 DEFINITIONS.
    Subdivision 1. Scope. As used in sections 116.47 to 116.50, the terms defined in this section
have the meanings given them.
    Subd. 1a. Aboveground storage tank. "Aboveground storage tank" means any one or
a combination of containers, vessels, and enclosures, including structures and appurtenances
connected to them, that is used to contain or dispense regulated substances, and that is not an
underground storage tank.
    Subd. 2. Agency. "Agency" means the Pollution Control Agency.
    Subd. 2a. Installer. "Installer" means a person who places, constructs, or repairs an
aboveground or underground tank, or permanently takes an aboveground or underground tank
out of service.
    Subd. 3. Operator. "Operator" means a person in control of, or having responsibility for, the
daily operation of an underground storage tank.
    Subd. 4. Owner. "Owner" means a person who owns an underground storage tank and a
person who owned it immediately before discontinuation of its use.
    Subd. 5. Person. "Person" has the meaning given it in section 116.06, subdivision 17.
    Subd. 6. Regulated substance. "Regulated substance" means:
(1) a hazardous material listed in Code of Federal Regulations, title 49, section 172.101; or
(2) petroleum, including crude oil or a fraction of crude oil that is liquid at a temperature of
60 degrees Fahrenheit and pressure of 14.7 pounds per square inch absolute.
    Subd. 7. Release. "Release" means a spilling, leaking, emitting, discharging, escaping,
leaching, or disposing from an underground storage tank into the environment. Release does not
include designed venting consistent with the agency's air quality rules.
    Subd. 7a. Retail location. "Retail location" means a facility located in the metropolitan area
as defined in section 473.121, subdivision 2, where gasoline is offered for sale to the general
public for use in automobiles and trucks.
    Subd. 7b. Transport delivery vehicle. "Transport delivery vehicle" means a liquid fuel
cargo tank used to deliver gasoline into underground storage tanks.
    Subd. 8. Underground storage tank. "Underground storage tank" means any one or a
combination of containers including tanks, vessels, enclosures, or structures and underground
appurtenances connected to them, that is used to contain or dispense an accumulation of regulated
substances and the volume of which, including the volume of the underground pipes connected to
them, is ten percent or more beneath the surface of the ground.
    Subd. 9.[Renumbered subd 1a]
    Subd. 10. Vapor recovery system. "Vapor recovery system" means a system which transfers
vapors from underground storage tanks during the filling operation to the storage compartment
of the transport vehicle delivering gasoline.
History: 1Sp1985 c 13 s 235; 1987 c 389 s 11,12; 2003 c 128 art 1 s 140-142
116.47 EXEMPTIONS.
Sections 116.48, 116.49, and 116.491 do not apply to:
(1) farm or residential tanks of 1,100 gallons or less capacity used for storing motor fuel for
noncommercial purposes;
(2) tanks of 1,100 gallons or less capacity used for storing heating oil for consumptive
use on the premises where stored;
(3) pipeline facilities, including gathering lines, regulated under the Natural Gas Pipeline
Safety Act of 1968, United States Code, title 49, chapter 24, or the Hazardous Liquid Pipeline
Safety Act of 1979, United States Code, title 49, chapter 29;
(4) surface impoundments, pits, ponds, or lagoons;
(5) storm water or waste water collection systems;
(6) flow-through process tanks;
(7) tanks located in an underground area, including basements, cellars, mineworkings, drifts,
shafts, or tunnels, if the storage tank is located upon or above the surface of the floor;
(8) septic tanks;
(9) tanks used for storing liquids that are gaseous at atmospheric temperature and pressure; or
(10) tanks used for storing agricultural chemicals regulated under chapter 18B, 18C, or 18D.
History: 1Sp1985 c 13 s 236; 1987 c 389 s 13; 1993 c 87 s 2
116.48 NOTIFICATION REQUIREMENTS.
    Subdivision 1. Tank status. (a) An owner of an underground storage tank must notify the
agency by June 1, 1986, or within 30 days after installation, whichever is later, of the tank's
existence and specify the age, size, type, location, uses, and contents of the tank on forms
prescribed by the agency.
(b) An owner of an aboveground storage tank must notify the agency by June 1, 1990, or
within 30 days after installation, whichever is later, of the tank's existence and specify the age,
size, type, location, uses, and contents of the tank on forms prescribed by the agency.
    Subd. 2. Abandoned tanks. An owner of an underground or aboveground storage tank
permanently taken out of service on or after January 1, 1974, must notify the agency by June 1,
1986, in the case of underground storage tanks; by June 1, 1990, in the case of aboveground
storage tanks; or, in either case, within 30 days of discovery, whichever is later, of the existence of
the tank and specify or estimate to the best of the owner's knowledge on forms prescribed by the
agency, the date the tank was taken out of service, the age, size, type, and location of the tank,
and the type and quantity of substance remaining in the tank.
    Subd. 3. Change in status. An owner must notify the agency within 30 days of a permanent
removal from service or a change in the reported uses, contents, or ownership of an underground
or aboveground storage tank.
    Subd. 4. Deposit information. Beginning on January 1, 1986, and until July 1, 1987, a person
who transfers the title to regulated substances to be placed directly into an underground storage
tank must inform the owner or operator in writing of the notification requirement of this section.
    Subd. 5. Seller's responsibility. A person who sells a tank intended to be used as
an underground or aboveground storage tank or property that the seller knows contains an
underground or aboveground storage tank must inform the purchaser in writing of the owner's
notification requirements of this section.
    Subd. 6. Affidavit. Before transferring ownership of property that the owner knows contains
an underground or aboveground storage tank or contained an underground or aboveground
storage tank that had a release for which no corrective action was taken, the owner shall record
with the county recorder or registrar of titles of the county in which the property is located an
affidavit containing:
(1) a legal description of the property where the tank is located;
(2) a description of the tank, of the location of the tank, and of any known release from
the tank of a regulated substance;
(3) a description of any restrictions currently in force on the use of the property resulting
from any release; and
(4) the name of the owner.
The county recorder shall record the affidavits in a manner that will insure their disclosure
in the ordinary course of a title search of the subject property. Before transferring ownership of
property that the owner knows contains an underground or aboveground storage tank, the owner
shall deliver to the purchaser a copy of the affidavit and any additional information necessary to
make the facts in the affidavit accurate as of the date of transfer of ownership.
    Subd. 7. Recording of removal affidavit. If an affidavit has been recorded under subdivision
6 and the tank and any regulated substance released from the tank have been removed from the
property in accordance with applicable law, the owner or other interested party may file with
the county recorder or registrar of titles an affidavit stating the name of the owner, the legal
description of the property, the place and date of filing and document number of the affidavit filed
under subdivision 6, and the approximate date of removal of the tank and regulated substance.
Upon filing the affidavit described in this subdivision, the affidavit and the affidavit filed under
subdivision 6, together with the information set forth in the affidavits, cease to constitute either
actual or constructive notice.
    Subd. 8. Notice of tank installation or removal. Before beginning installation or removal
of an underground tank system, owners and operators must notify the commissioner. Notification
must be in writing or by telephone at least ten days before the tank installation or removal. Owners
and operators must renotify the commissioner if the date of the tank installation or removal
changes by more than 48 hours. The notification must include the following information:
(1) the name, address, and telephone number of the site owner;
(2) the location of the site, if different from clause (1);
(3) the date of the tank installation or removal; and
(4) the name of the contractor or company that will install or remove the tank.
History: 1Sp1985 c 13 s 237; 1987 c 389 s 14; 1988 c 686 art 1 s 60,61; 1989 c 226 s 4;
1992 c 490 s 11
116.481 MONITORING.
    Subdivision 1. Measurement of tank capacity. (a) By September 1, 1996, all aboveground
tanks of 2,000 gallons or more used for storage and subsequent resale of petroleum products
must be equipped with:
(1) a gauge in working order that shows the current level of product in the tank; or
(2) an audible or visual alarm which alerts the person delivering fuel into the tank that the
tank is within 100 gallons of capacity.
(b) In lieu of the equipment specified in paragraph (a), the owner or operator of a tank
may use a manual method of measurement which accurately determines the amount of product
in the tank and the amount of capacity available to be used. This information must be readily
available to anyone delivering fuel into the tank prior to delivery. Documentation that a tank
has the available capacity for the amount of product to be delivered must be transmitted to the
person making the delivery.
    Subd. 2. Contents labeled. (a) By December 1, 1995, all aboveground tanks governed by
this section must be numbered and labeled as to the tank contents, total capacity, and capacity
in volume increments of 500 gallons or less.
(b) Piping connected to the tank must be labeled with the product carried at the point of
delivery and at the tank inlet. Manifolded delivery points must have all valves labeled as to
product distribution.
    Subd. 3. Site diagram. (a) All tanks at a facility shall be shown on a site diagram which is
permanently mounted in an area accessible to delivery personnel. The diagram shall show the
number, capacity, and contents of tanks and the location of piping, valves, storm sewers, and
other information necessary for emergency response, including the facility owner's or operator's
telephone number.
(b) Prior to delivering product into an underground or aboveground tank, delivery personnel
shall:
(1) consult the site diagram, where applicable, for proper delivery points, tank and piping
locations, and valve settings;
(2) visually inspect the tank, piping, and valve settings to determine that the product being
delivered will flow only into the appropriate tank; and
(3) determine, using equipment and information available at the site, that the available
capacity of the tank is sufficient to hold the amount being delivered.
Delivery personnel must remain in attendance during delivery.
    Subd. 4. Capacity of tank. A tank may not be filled from a transport vehicle compartment
containing more than the available capacity of the tank, unless the hose of the transport vehicle is
equipped with a manually operated shut-off nozzle.
    Subd. 5. Exemption. Aboveground and underground tanks located at refineries, pipeline
terminals, and river terminals are exempt from this section.
History: 1995 c 240 art 1 s 13
116.49 ENVIRONMENTAL PROTECTION REQUIREMENTS.
    Subdivision 1. Rules. The agency must adopt rules applicable to all owners and operators
of underground storage tanks. The rules must establish the safeguards necessary to protect
human health and the environment. The agency may delay adopting the rules until the United
States Environmental Protection Agency proposes regulations for regulated substances, as
defined in section 116.46, subdivision 6, clause (1). The agency shall delay adopting the rules
for regulated substances, as defined in section 116.46, subdivision 6, clause (2), until the United
States Environmental Protection Agency publishes final regulations for underground storage
tanks, or February 8, 1987, whichever is earlier.
    Subd. 1a. Tank located on tax-forfeited land. The state, an agency of the state, or a political
subdivision is not considered an owner or operator of a tank solely as a result of the forfeiture of
title to the tank or real property where the tank is located for nonpayment of taxes, or solely as a
result of actions taken to manage, sell, or transfer tax-forfeited land where a tank is located under
chapter 282 and other laws applicable to tax-forfeited lands. This subdivision does not relieve
the state, a state agency, or a political subdivision from liability for the daily operation of a tank
under its control or responsibility located on tax-forfeited land.
    Subd. 2. Interim standards. Until the rules required by subdivision 1 become effective, a
person may not install an underground storage tank unless the tank:
(1) is installed according to requirements of the American Petroleum Institute Bulletin 1615
(November 1979) and all manufacturer's recommendations;
(2) is cathodically protected against corrosion, constructed of noncorrosive material, steel
clad with a noncorrosive material, or designed in a manner to prevent the release of any stored
substance; and
(3) is constructed to be compatible with the substance to be stored.
    Subd. 3. Vapor recovery system. Every underground gasoline storage tank at a retail
location must be fitted with vapor recovery equipment by January 1, 2006. The equipment must be
certified by the manufacturer as capable of collecting 95 percent of hydrocarbons emitted during
gasoline transfers from a transport delivery vehicle to an underground storage tank. Product
delivery and vapor recovery access points must be on the same side of the transport vehicle when
the transport vehicle is positioned for delivery into the underground tank. After January 1, 2006,
no gasoline may be delivered to a retail location that is not equipped with a vapor recovery system.
    Subd. 4. Vapor recovery on transports. All transport delivery vehicles that deliver gasoline
into underground storage tanks in the metropolitan area as defined in section 473.121, subdivision
2
, must be fitted with vapor recovery equipment. The equipment must recover and manage 95
percent of hydrocarbons emitted during the transfer of gasoline from the underground storage tank
and the transport delivery vehicle by January 1, 2006. After January 1, 2006, no gasoline may be
delivered to a retail location by a transport vehicle that is not fitted with vapor recovery equipment.
History: 1Sp1985 c 13 s 238; 1990 c 586 s 5; 2003 c 128 art 1 s 143,144
116.491 TANK INSTALLERS TRAINING AND CERTIFICATION.
    Subdivision 1. Requirement. (a) After the effective date of rules adopted under subdivision
3, a person may not install, repair, or take an aboveground or underground tank permanently out
of service without first obtaining a certification of competence issued by the agency.
(b) The agency shall conduct examinations to test the competence of applicants for
certification, issue documentation of certification, and require certification to be renewed at
reasonable intervals. The agency may conduct training programs for installers.
    Subd. 2. Fees. The agency may charge fees as are necessary to cover the actual costs
of processing applications, conducting examinations, issuing and renewing certificates, and
providing training programs. The fees received under this section must be credited to the
petroleum tank release cleanup fund.
    Subd. 3. Rules. The agency shall adopt rules containing standards of competence for
installers and to implement this section.
History: 1987 c 389 s 15
116.492 BASEMENT STORAGE TANKS; REMOVAL.
A person who removes a basement heating oil storage tank shall ensure that fill and vent
pipes through the basement wall to the outside are also removed or permanently sealed.
History: 1992 c 597 s 3
116.50 PREEMPTION.
Sections 116.46 to 116.49 preempt conflicting local and municipal rules or ordinances
requiring notification or establishing environmental protection requirements for underground
storage tanks. A state agency or local unit of government may not adopt rules or ordinances
establishing or requiring vapor recovery for underground storage tanks.
History: 1Sp1985 c 13 s 239; 2003 c 128 art 1 s 145
116.51 [Repealed, 1992 c 522 s 48; 1992 c 595 s 29]
116.52 [Repealed, 1992 c 522 s 48; 1992 c 595 s 29]
116.53    Subdivision 1.[Repealed, 1992 c 522 s 48; 1992 c 595 s 29]
    Subd. 2.[Renumbered 144.878, subd 2a]

TESTING; INJECTION OF CERTAIN MATERIALS

116.54 INJECTION OF CERTAIN MATERIALS.
The Pollution Control Agency shall authorize and may monitor not less than one or more
than five projects to test the controlled injection of oxygen-bearing materials and appropriate
microbiological systems into sites of water or soil contamination. An applicant for authority to
conduct one of the tests shall describe to the agency plans for the test injection project including
at least the following:
(1) the quantity and type of chemicals and microbes to be used in the injection project;
(2) the frequency and planned duration of the injections;
(3) test monitoring and evaluation equipment that will be maintained at the site; and
(4) procedures for recording, analyzing, and maintaining information on the injection project.
The applicant shall make available to the agency all significant test results from the injection
project. Trade secret information, as defined in section 13.37, made available by an applicant
is classified as nonpublic data, pursuant to section 13.02, subdivision 9, or private data on
individuals, pursuant to section 13.02, subdivision 12.
History: 1986 c 398 art 26 s 1
116.55 [Repealed, 1988 c 685 s 44]
116.60 [Repealed, 1999 c 178 s 10]
116.61 [Repealed, 1999 c 178 s 10]
116.62 [Repealed, 1999 c 178 s 10]
116.63 [Repealed, 1999 c 178 s 10]
116.64 [Repealed, 1999 c 178 s 10]
116.65 [Repealed, 1999 c 178 s 10]
116.66 [Repealed, 1995 c 247 art 1 s 41]
116.67 [Repealed, 1Sp2001 c 2 s 162]

CHLOROFLUOROCARBON REGULATION

116.70 DEFINITIONS.
    Subdivision 1. Applicability. The definitions in this section apply to sections 116.731 to
116.734.
    Subd. 2.[Repealed, 1Sp2001 c 2 s 162]
    Subd. 3. Chlorofluorocarbons or CFC's. "Chlorofluorocarbons" or "CFC's" means the
substances identified as Class I or Class II substances under section 602 of the Clean Air Act,
United States Code, title 42, section 7401 et seq., as amended by the Clean Air Act Amendments
of 1990, Public Law 101-549.
    Subd. 3a.[Repealed, 1Sp2001 c 2 s 162]
    Subd. 4.[Repealed, 1Sp2001 c 2 s 162]
    Subd. 5.[Renumbered subd 3a]
History: 1988 c 671 s 1; 1990 c 560 art 2 s 3; 1992 c 546 s 4; 1Sp2001 c 2 s 138
116.71 [Repealed, 1Sp2001 c 2 s 162]
116.72 [Repealed, 1Sp2001 c 2 s 162]
116.73 [Repealed, 1Sp2001 c 2 s 162]
116.731 REQUIREMENTS TO RECYCLE CFC'S.
    Subdivision 1. Salvage automobiles. A person who processes automobiles for salvage must
remove CFC's for recycling prior to disposal or sale of the materials containing CFC's. This
subdivision does not apply to crushed automobiles or automobiles that have been processed in a
manner that makes removal and recovery of CFC's impossible.
    Subd. 2. Refrigeration equipment. A person processing scrap refrigerators, air conditioning
units, dehumidifiers, heat pumps, under-the-counter ice makers, vending machines, drinking
water coolers, chillers, commercial refrigeration, industrial process refrigeration, or freezers must
remove and recycle, destroy, or properly dispose of the CFC's.
    Subd. 3. Mobile air conditioning equipment. A person servicing or removing mobile
air conditioning equipment must:
(1) recapture CFC's, provide storage for recaptured CFC's, and transfer recaptured CFC's
to a recycler; or
(2) recapture CFC's and recycle the CFC's to an allowed use.
    Subd. 4. Servicing and recycling of appliances. (a) A person servicing or recycling
refrigerators, air conditioning units, dehumidifiers, heat pumps, under-the-counter ice makers,
vending machines, drinking water coolers, chillers, commercial refrigeration, industrial process
refrigeration, or freezers must:
(1) recapture CFC's, provide storage for recaptured CFC's, and transfer recaptured CFC's
to a recycler; or
(2) recapture CFC's and recycle the CFC's to an allowed use.
(b) The recovered CFC's may be properly disposed of or destroyed.
    Subd. 4a. Venting. A person may not knowingly vent or otherwise release into the
environment any CFC used as a refrigerant.
    Subd. 5. Foam not required to be recycled. This section does not require recycling of
rigid or flexible foam.
    Subd. 6. Rules. The agency shall adopt rules for recycling CFC's and establish standards for
CFC recycling equipment under this section.
History: 1990 c 560 art 2 s 4; 1994 c 585 s 34; 1995 c 147 s 1-3
116.732 REQUIREMENT TO RECYCLE FIRE EXTINGUISHER HALONS.
A person who recharges, services, or retires fire extinguishers must recapture and recycle
halons.
History: 1990 c 560 art 2 s 5
116.733 MEDICAL DEVICE EXEMPTION.
Laws 1990, chapter 560, article 2, sections 1 and 2, and sections 116.70, 116.731, and
116.732, do not apply to processes using CFC's or halons on medical devices, in sterilization
processes in health care facilities, or by a person or facility in manufacturing or selling of medical
devices.
History: 1990 c 560 art 2 s 6; 1991 c 199 art 1 s 30
116.734 UNIFORM CFC REGULATION.
It is the policy of this state to regulate and manage CFC's in a uniform manner throughout
the state. Political subdivisions may not adopt, and are preempted from adopting or enforcing,
requirements relating to CFC's that are different than state law.
History: 1990 c 560 art 2 s 7
116.735 TRAINING AND CERTIFICATION.
The agency shall develop standards of competence for persons who engage in activities
relating to products that may contain CFC's, as described in section 116.731, subdivisions 1 to
4
, and the commissioner may conduct training programs for these persons. The persons shall
obtain from the commissioner a certificate of competence or equivalent federal certification
that has been approved by the commissioner.
The agency may adopt rules to implement this section.
History: 1994 c 585 s 35; 1995 c 147 s 4
116.74 [Repealed, 1Sp2001 c 2 s 162]

INFECTIOUS WASTE CONTROL ACT

116.75 CITATION.
Sections 116.76 to 116.82 may be cited as the "Infectious Waste Control Act."
History: 1989 c 337 s 1; 1993 c 206 s 2
116.76 DEFINITIONS.
    Subdivision 1. Applicability. The definitions in this section apply to sections 116.76 to
116.83.
    Subd. 2. Agency. "Agency" means the Pollution Control Agency.
    Subd. 3. Blood. "Blood" means waste human blood and blood products in containers, or
solid waste saturated and dripping human blood or blood products. Human blood products include
serum, plasma, and other blood components.
    Subd. 4. Commercial transporter. "Commercial transporter" means a person, other than the
United States government, who transports infectious or pathological waste for compensation.
    Subd. 5. Commissioner. "Commissioner" means the commissioner of the Pollution Control
Agency.
    Subd. 6. Decontamination. "Decontamination" means rendering infectious waste safe for
routine handling as a solid waste.
    Subd. 7.[Repealed, 1Sp1993 c 1 art 9 s 75]
    Subd. 8. Facility. "Facility" means a site where infectious waste is generated, stored,
decontaminated, incinerated, or disposed.
    Subd. 9. Generator. "Generator" means a person whose activities produce infectious
waste. "Generator" does not include a person who produces sharps as a result of administering
medication to oneself. "Generator" does not include an ambulance service licensed under section
144E.10, an eligible board of health, community health board, or public health nursing agency as
defined in section 116.78, subdivision 10, or a program providing school health service under
section 121A.21.
    Subd. 10. Household. "Household" means a single detached dwelling unit or a single unit of
a multiple dwelling.
    Subd. 11. Infectious agent. "Infectious agent" means an organism that is capable of
producing infection or infectious disease in humans.
    Subd. 12. Infectious waste. "Infectious waste" means laboratory waste, blood, regulated
body fluids, sharps, and research animal waste that have not been decontaminated.
    Subd. 13. Laboratory waste. "Laboratory waste" means waste cultures and stocks of agents
that are generated from a laboratory and are infectious to humans; discarded contaminated items
used to inoculate, transfer, or otherwise manipulate cultures or stocks of agents that are infectious
to humans; wastes from the production of biological agents that are infectious to humans; and
discarded live or attenuated vaccines that are infectious to humans.
    Subd. 14. Pathological waste. "Pathological waste" means human tissues and body parts
removed accidentally or during surgery or autopsy intended for disposal.
    Subd. 15. Person. "Person" means an individual, partnership, association, public or private
corporation, or other legal entity, the United States government, an interstate body, the state, and
an agency, department, or political subdivision of the state.
    Subd. 16. Regulated human body fluids. "Regulated human body fluids" means
cerebrospinal fluid, synovial fluid, pleural fluid, peritoneal fluid, pericardial fluid, and amniotic
fluid that are in containers or that drip freely from body fluid soaked solid waste items.
    Subd. 17. Research animal waste. "Research animal waste" means carcasses, body parts,
and blood derived from animals knowingly and intentionally exposed to agents that are infectious
to humans for the purpose of research, production of biologicals, or testing of pharmaceuticals.
    Subd. 18. Sharps. "Sharps" means:
(1) discarded items that can induce subdermal inoculation of infectious agents, including
needles, scalpel blades, pipettes, and other items derived from human or animal patient care,
blood banks, laboratories, mortuaries, research facilities, and industrial operations; and
(2) discarded glass or rigid plastic vials containing infectious agents.
History: 1989 c 337 s 2; 1990 c 568 art 2 s 2; 1993 c 206 s 3; 1Sp1993 c 1 art 9 s 2;
1Sp1993 c 6 s 3; 1994 c 585 s 36; 1997 c 199 s 14; 1998 c 397 art 11 s 3
116.77 COVERAGE.
Sections 116.75 to 116.83 and 609.671, subdivision 10, cover any person, including a
veterinarian, who generates, treats, stores, transports, or disposes of infectious or pathological
waste but not including infectious or pathological waste generated by households, farm operations,
or agricultural businesses. Except as specifically provided, sections 116.75 to 116.83 do not limit
or alter treatment or disposal methods for infectious or pathological waste.
History: 1989 c 337 s 3; 1991 c 344 s 1; 1993 c 206 s 4; 1Sp1993 c 6 s 4
116.78 WASTE MANAGEMENT.
    Subdivision 1. Segregation. All untreated infectious waste must be segregated from other
waste material at its point of generation and maintained in separate packaging throughout
collection, storage, and transport. Infectious waste must be packaged, contained, and transported
in a manner that prevents release of the waste material.
    Subd. 2. Labeling. All bags, boxes, and other containers used to collect, transport, or store
infectious waste must be clearly labeled with a biohazard symbol or with the words "infectious
waste" written in letters no less than one inch in height.
    Subd. 3. Reusable containers. Containers which have been in direct contact with infectious
waste must be disinfected prior to reuse.
    Subd. 3a. Waste containers. Noninfectious mixed municipal solid waste generated by a
facility must be placed for containment, collection, and processing or disposal in containers that
are sufficiently transparent that the contents of the containers may be viewed from the exterior of
the containers. The operator of a mixed municipal solid waste facility may not refuse to accept
mixed municipal solid waste generated by a facility that complies with this subdivision, unless the
operator observes that the waste contains sharps or other infectious waste.
    Subd. 4. Sharps. Sharps, except those generated from a household or from a farm operation
or agricultural business:
(1) must be placed in puncture-resistant containers;
(2) may not be compacted or mixed with other waste material whether or not the sharps are
decontaminated unless it is part of an infectious waste decontamination process approved by the
commissioner of the Pollution Control Agency that will prevent exposure during transportation
and disposal; and
(3) may not be disposed of at refuse-derived fuel facilities or at other facilities where waste
is hand sorted.
    Subd. 5. Pathological waste. Pathological waste must be managed according to sanitary
standards established by state and federal laws or regulations for the disposal of the waste.
    Subd. 6. Storage. Infectious and pathological waste must be stored in a specially designated
area that is designed to prevent the entry of vermin and that prevents access by unauthorized
persons.
    Subd. 7. Compaction and mixture with other wastes. Infectious waste may not be
compacted or mixed with other waste materials prior to incineration or disposal. Compaction
is acceptable if it is part of an infectious waste system, approved by the commissioner of the
Pollution Control Agency, that is designed to prevent exposure during storage, transportation,
and disposal.
    Subd. 8. Disposal. Except for disposal procedures specifically prescribed, this section and
section 116.81 do not limit disposal methods for infectious and pathological waste.
    Subd. 9. Disposal of infectious waste by ambulance services. Any infectious waste, as
defined in section 116.76, subdivision 12, produced by an ambulance service in the transport or
care of a patient must be properly packaged and disposed of at the destination hospital or at the
nearest hospital if the patient is not transported. A hospital must accept the infectious waste if it is
properly packaged according to the standards the hospital uses for packaging its own infectious
wastes. The hospital may charge the ambulance service a reasonable fee for disposal of the
infectious waste. Nothing in this subdivision shall require a hospital to accept infectious waste if
the waste is of a type not generated by the hospital or if the hospital cannot safely store the waste.
A hospital that accepts infectious waste under this subdivision is not subject to those provisions
of section 116.79, subdivision 4, paragraph (a), that apply to the storage or decontamination of
infectious or pathological waste generated at a site other than the hospital.
    Subd. 10. Disposal of infectious waste by public health agencies and programs providing
school health services. Any infectious waste, as defined in section 116.76, subdivision 12,
produced by an eligible board of health, community health board, or public health nursing agency
or a program providing school health services under section 121A.21, must be properly packaged
and may be disposed of at a hospital. For purposes of this subdivision, an "eligible board of
health, community health board, or public health nursing agency" is defined as a board of health,
community health board, or public health nursing agency located in a county with a population of
less than 40,000. A hospital must accept the infectious waste if it is properly packaged according
to the standards the hospital uses for packaging its own infectious wastes. The hospital may
charge an eligible board of health, community health board, or public health nursing agency or a
program providing school health services a reasonable fee for disposal of the infectious waste.
Nothing in this subdivision shall require a hospital to accept infectious waste if the waste is of
a type not generated by the hospital or if the hospital cannot safely store the waste. A hospital
that accepts infectious waste under this subdivision is not subject to those provisions of section
116.79, subdivision 4, paragraph (a), that apply to the storage or decontamination of infectious or
pathological waste generated at a site other than the hospital.
History: 1989 c 337 s 4; 1990 c 568 art 2 s 3,4; 1991 c 344 s 2,3; 1993 c 249 s 27; 1Sp1993
c 1 art 9 s 3,4; 1998 c 397 art 11 s 3
116.79 MANAGEMENT PLANS.
    Subdivision 1. Preparation of management plans. (a) To the extent applicable to the
facility, a person in charge of a facility that generates, stores, decontaminates, incinerates, or
disposes of infectious or pathological waste must prepare a management plan for the infectious or
pathological waste handled by the facility. A person may prepare a common management plan for
all generating facilities owned and operated by the person. If a single plan is prepared to cover
multiple facilities, the plan must identify common policy and procedures for the facilities and
any management procedures that are facility specific. The plan must identify each generating
facility covered by the plan. A management plan must list all physicians, dentists, chiropractors,
podiatrists, veterinarians, certified nurse practitioners, certified nurse midwives, or physician
assistants, employed by, under contract to, or working at the generating facilities, except hospitals
or laboratories. A management plan from a hospital must list the number of licensed beds and
from a laboratory must list the number of generating employees.
(b) The management plan must describe, to the extent the information is applicable to the
facility:
(1) the type of infectious waste and pathological waste that the person generates or handles;
(2) the segregation, packaging, labeling, collection, storage, and transportation procedures
for the infectious waste or pathological waste that will be followed;
(3) the decontamination or disposal methods for the infectious or pathological waste that
will be used;
(4) the transporters and disposal facilities that will be used for the infectious waste;
(5) the steps that will be taken to minimize the exposure of employees to infectious agents
throughout the process of disposing of infectious or pathological wastes; and
(6) the name of the individual responsible for the management of the infectious waste or
pathological waste.
(c) If the generator mails sharps for storage, decontamination, or disposal, the plan must
specify how the generator will comply with applicable federal laws and rules. The plan must also
specify the name, address, and telephone number of the facility to which the sharps are mailed,
the name of the person who receives the sharps at the facility, and the annual amount mailed to the
facility. If the facility to which the sharps are mailed is not the disposal facility, the plan must
also identify the disposal facility.
(d) The management plan must be kept at the facility.
(e) To the extent applicable to the facility, management plans must be accompanied by a
statement of the quantity of infectious and pathological waste generated, decontaminated, stored,
incinerated, or disposed of at the facility during the previous two-year period. Quantities shall be
reported in pounds.
(f) A management plan must be updated at least once every two years.
    Subd. 2. Compliance with management plans. A person who prepares a management
plan must comply with the management plan.
    Subd. 3.[Repealed, 1Sp1993 c 1 art 9 s 75]
    Subd. 4. Plans for storage, decontamination, incineration, and disposal facilities. (a) A
person who stores, incinerates, or decontaminates infectious or pathological waste, other than at
the facility where the waste was generated, or a person who incinerates infectious or pathological
waste on site, must submit a copy of the management plan to the commissioner of the Pollution
Control Agency with a fee of $225. The fee must be deposited in the state treasury and credited
to the general fund.
(b) The commissioner shall review the plans and may require a plan to be modified within 180
days after the plan is submitted if the commissioner determines that the plan is not consistent with
state or federal law or that the plan is not adequate to minimize exposure of persons to the waste.
History: 1989 c 337 s 5; 1991 c 344 s 4-6; 1Sp1993 c 1 art 9 s 5,6; 1994 c 585 s 37
116.80 TRANSPORTATION OF INFECTIOUS WASTE.
    Subdivision 1. Transfer of infectious waste. (a) A generator may not transfer infectious
waste to a commercial transporter unless the transporter is registered with the commissioner.
(b) A transporter may not deliver infectious waste to a facility prohibited to accept the waste.
(c) A person who is registered to transport infectious waste may not refuse waste generated
from a facility that is properly packaged and labeled.
    Subd. 2. Preparation of management plans. (a) A commercial transporter in charge of
a business that transports infectious waste must prepare a management plan for the infectious
waste handled by the commercial transporter.
(b) The management plan must describe, to the extent the information is applicable to the
commercial transporter:
(1) the type of infectious waste that the commercial transporter handles;
(2) the transportation procedures for the infectious waste that will be followed;
(3) the disposal facilities that will be used for the infectious waste;
(4) the steps that will be taken to minimize the exposure of employees to infectious agents
throughout the process of transporting and disposing of infectious waste; and
(5) the name of the individual responsible for the transportation and management of the
infectious waste.
(c) The management plan must be kept at the commercial transporter's principal place of
business.
(d) Management plans must be accompanied by a statement of the quantity of infectious
waste transported during the previous two-year period. Quantities shall be reported in pounds.
(e) A management plan must be updated and resubmitted at least once every two years.
(f) The commissioner shall review the plans and may require a plan to be modified within 180
days after the plan is submitted if the commissioner determines that the plan is not consistent with
state or federal law or that the plan is not adequate to minimize exposure of persons to the waste.
    Subd. 3. Registration required. (a) A commercial transporter must register with the
commissioner.
(b) To register, a commercial transporter must submit a copy of the management plan to the
commissioner of the Pollution Control Agency with a fee of $225. The fee must be deposited in
the state treasury and credited to the general fund.
(c) The registration is valid for two years.
(d) The commissioner shall issue a registration card with a unique registration number to a
person who has submitted a transporter's management plan unless the commissioner finds that
registrant has outstanding unresolved violations of this section or a history of serious violations of
chapter 115, 115A, 115B, or 116. The registration card must include the date the card expires.
    Subd. 4. Waste from other states. A person may not transport infectious waste into the state
for decontamination, storage, incineration, or disposal without complying with sections 116.76
to 116.82.
History: 1989 c 337 s 6; 1991 c 344 s 7; 1Sp1993 c 1 art 9 s 7,8
116.801 INCINERATION OF INFECTIOUS WASTE; PERMIT REQUIRED.
(a) Except as provided in paragraph (b), a person may not construct, or expand the capacity
of, a facility for the incineration of infectious waste, as defined in section 116.76, without having
obtained an air emission permit from the agency.
(b) This section does not affect permit requirements under the rules of the agency for an
incinerator that is upgraded to meet pollution control standards or an incinerator with a capacity
of 350 pounds or less per hour that is planned to manage waste generated primarily by the owner
or operator of the incinerator.
History: 1991 c 231 s 1
116.802 INCINERATION OF INFECTIOUS WASTE; ENVIRONMENTAL IMPACT.
Until the Pollution Control Agency adopts revisions to its air emission rules for incinerators,
a new or expanded facility for the incineration of infectious waste that is subject to the permit
requirement in section 116.801 may not receive a permit until an environmental impact statement
for the facility has been prepared and approved. The Pollution Control Agency is the governmental
unit responsible for preparation of an environmental impact statement required under this section.
History: 1991 c 231 s 2
116.81 RULES.
    Subdivision 1. Agency rules. The agency, in consultation with the commissioner of health,
may adopt rules to implement sections 116.76 to 116.82. The agency, before adopting rules
affecting animals or research animal waste, must consult the commissioner of agriculture and
the Board of Animal Health.
    Subd. 2.[Repealed, 1Sp1993 c 1 art 9 s 75]
History: 1989 c 337 s 7; 1Sp1993 c 1 art 9 s 9
116.82 AUTHORITY OF LOCAL GOVERNMENT.
    Subdivision 1. Preemption of regulation. A county, municipality, or other political
subdivision of the state may not adopt a definition of infectious or pathological waste that differs
from the definitions in section 116.76, or management requirements for infectious or pathological
waste that differ from the requirements of sections 116.78 and 116.79.
    Subd. 2. Local solid waste authority. (a) Sections 116.76 to 116.81 do not affect local
implementation of collection, storage, or disposal of solid waste that does not contain infectious
waste.
(b) Sections 116.76 to 116.81 do not affect county authority under other law to regulate and
manage solid waste that does not contain infectious waste.
(c) A political subdivision, as defined in section 115A.03, subdivision 24, may not require a
refuse-derived fuel facility to accept infectious waste.
    Subd. 3. Local enforcement. Sections 116.76 to 116.81 may be enforced by a county
by delegation of enforcement authority granted to the agency in section 116.83. Separate
enforcement actions may not be brought by a state agency and a county for the same violations.
The state or county may not bring an action that is being enforced by the federal Office of Safety
and Health Administration.
History: 1989 c 337 s 8; 1993 c 206 s 5; 1Sp1993 c 1 art 9 s 10; 1Sp1993 c 6 s 5
116.83 ENFORCEMENT.
    Subdivision 1. Enforcement authority. The agency may enforce sections 116.76 to 116.81.
    Subd. 2.[Repealed, 1Sp1993 c 1 art 9 s 75]
    Subd. 3. Access to information and property. Subject to section 144.651, the commissioner
of the Pollution Control Agency may on presentation of credentials, during regular business hours:
(1) examine and copy any books, records, memoranda, or data that is related to compliance
with sections 116.76 to 116.81; and
(2) enter public or private property regulated by sections 116.76 to 116.81 for the purpose
of taking an action authorized by this section including obtaining information and conducting
investigations.
History: 1989 c 337 s 9; 1991 c 347 art 1 s 18; 1Sp1993 c 1 art 9 s 11,12

MONITORS FOR INCINERATORS

116.84 MONITORS REQUIRED FOR PCB INCINERATORS.
Notwithstanding any other law to the contrary, an incinerator permit issued to a facility
that allows burning of PCB's must, as a condition of the permit, require the installation of a
continuous emission monitoring system approved by the commissioner. The monitoring system
must provide continuous emission measurements to ensure optimum combustion efficiency
of dioxin precursors. The system must also be capable of providing a permanent record of
monitored emissions that will be available upon request to the commissioner and the general
public. The commissioner shall provide periodic inspection of the monitoring system to determine
its continued accuracy. Should, at any time, the permitted facility's emissions exceed permit
requirements based on accurate and valid emissions data, the facility shall immediately commence
shutdown of the incinerator until the appropriate modifications to the facility have been made to
ensure its ability to meet permitted requirements.
History: 1989 c 335 art 1 s 132
116.85 MONITORS REQUIRED FOR OTHER INCINERATORS.
    Subdivision 1. Emission monitors. Notwithstanding any other law to the contrary, an
incinerator permit that contains emission limits for dioxin, cadmium, chromium, lead, or mercury
must, as a condition of the permit, require the installation of an air emission monitoring system
approved by the commissioner. The monitoring system must provide continuous measurements to
ensure optimum combustion efficiency for the purpose of ensuring optimum dioxin destruction.
The system shall also be capable of providing a permanent record of monitored emissions that
will be available upon request to the commissioner and the general public. The commissioner
shall provide periodic inspection of the monitoring system to determine its continued accuracy.
    Subd. 1a. Mercury testing. (a) Notwithstanding any other law to the contrary, a facility
holding an incinerator permit that contains emission limits for mercury must, as a condition of
the permit, conduct periodic stack testing for mercury as described by this subdivision. Hospital
waste incinerators having a design capacity of less than 3,000,000 BTU's per hour may use
mercury segregation practices as an alternative to stack testing if allowed by applicable federal
requirements, with the approval of the commissioner.
(b) A facility shall conduct stack testing for mercury at intervals not to exceed three months.
An incinerator facility burning greater than 30 percent by weight of refuse-derived fuel must
conduct periodic stack testing for mercury at intervals not to exceed 12 months unless a previous
test showed a permit exceedence after which the agency may require quarterly testing until permit
requirements are satisfied. With the approval of the commissioner, an incinerator facility may use
methods other than stack testing for determining mercury in air emissions.
(c) After demonstrating that mercury emissions have been below 50 percent of the facility's
permitted mercury limit for three consecutive years, as tested under the conditions of paragraph
(b), an incinerator facility may choose to conduct stack testing once every three years or according
to applicable federal requirements, whichever is more stringent. The facility shall notify the
commissioner of its alternative mercury testing schedule, and the commissioner shall include
operating conditions in the facility's permit that ensure that the facility will continue to emit
mercury emissions less than 50 percent of the applicable standard.
(d) If a test conducted under the provisions of paragraph (c) shows mercury emissions
greater than 50 percent of the facility's permitted mercury limit, the facility shall conduct annual
mercury stack sampling until emissions are below 50 percent of the facility's permitted mercury
limit. Once the facility demonstrates that mercury emissions are again below 50 percent of the
facility's permitted mercury limit, the facility may resume testing every three years or according
to federal requirements, whichever is more stringent, upon notifying the commissioner.
(e) In amending, modifying, or reissuing a facility's air emissions permit which contains a
provision that restricts mercury emissions from the facility the commissioner shall, at a minimum,
continue that permit restriction at the same level unless the applicant demonstrates that no good
cause exists to do so.
    Subd. 2. Continuously monitored emissions. Should, at any time after normal startup, the
permitted facility's continuously monitored emissions exceed permit requirements, based on
accurate and valid emissions data, the facility shall immediately report the exceedance to the
commissioner and immediately either commence appropriate modifications to the facility to
ensure its ability to meet permitted requirements or commence shutdown if the modifications
cannot be completed within 72 hours. Compliance with permit requirements must then be
demonstrated based on additional testing.
    Subd. 3. Periodically tested emissions. Should, at any time after normal startup, the
permitted facility's periodically tested emissions exceed permit requirements based on accurate
and valid emissions data, the facility shall immediately report the exceedance to the commissioner,
shall undertake appropriate steps to ensure the facility's compliance with permitted requirements,
and shall demonstrate compliance within 60 days of the initial report of the exceedance. If the
commissioner determines that compliance has not been achieved within 60 days, then the facility
shall shut down until compliance with permit requirements is demonstrated based on additional
testing.
    Subd. 4. Other law. This section shall not be construed to limit the authority of the agency to
regulate incinerator operations under any other law.
History: 1989 c 335 art 1 s 133; 1990 c 594 art 1 s 54; 1997 c 189 s 1; 1999 c 235 s 2
116.86 [Repealed, 1991 c 254 art 2 s 48]

RESIDENTIAL LEAD PAINT WASTE

116.87 DEFINITIONS.
    Subdivision 1. Residential lead paint waste. "Residential lead paint waste" means waste
produced by removing lead paint from the interior or exterior structure or the ground surface of a
residence. Residential lead paint waste does not include:
(1) lead paint waste removed with the aid of any chemical paint stripper; or
(2) lead paint waste that is mixed with water and that contains any free liquid.
    Subd. 2. Residence. The term "residence" has the meaning given in rules adopted under
sections 144.9501 to 144.9512.
History: 1Sp1993 c 1 art 9 s 13; 1995 c 213 art 1 s 2; 2007 c 147 art 16 s 20
116.875 AUTHORIZED MANAGEMENT METHODS.
    Subdivision 1. Disposal. Notwithstanding any other law, a person who disposes of residential
lead paint waste in the state may dispose of the waste at:
(1) a land disposal facility that meets the requirements of Minnesota Rules, chapter 7045;
(2) a facility that meets the requirements for a new mixed municipal solid waste land disposal
facility under Minnesota Rules, chapter 7035, that began operation after January 1, 1989;
(3) a demolition debris land disposal facility equipped with a clay or artificial liner and
leachate collection system; or
(4) a solid waste incinerator ash landfill if disposal is approved by the commissioner in
accordance with agency rules.
    Subd. 2. Management responsibility; not transferable to occupant. (a) A person whose
activities produce residential lead paint waste is responsible for the management and proper
disposal of the waste.
(b) When residential lead paint waste is produced by activities of a person other than the
occupant of the residence from which the waste is removed, the person shall not leave the
residential lead paint waste at that residence and shall not transfer responsibility for managing or
disposing of the waste to the occupant.
    Subd. 3. Waste produced by occupant. Residential lead paint waste produced by activities
of the occupant of the residence from which the waste is removed must be managed as provided
by law for household hazardous waste.
    Subd. 4. Demolition debris. Residential lead paint waste attached to woodwork, walls, or
other elements removed from the structure of a residence that constitute demolition debris may be
disposed of at any permitted demolition debris land disposal facility.
History: 1Sp1993 c 1 art 9 s 14
116.88 PROHIBITED METHODS OF MANAGEMENT.
    Subdivision 1. Unlined landfills. Except as provided in section 116.875, subdivision 4, no
person shall dispose of residential lead paint waste at an unlined land disposal facility.
    Subd. 2. Incineration. No person shall send or accept residential lead paint waste for
incineration by a mixed municipal solid waste incinerator.
History: 1Sp1993 c 1 art 9 s 15
116.885 RECYCLING AND TREATMENT.
Nothing in sections 116.87 to 116.89 is intended to prevent or discourage treatment or
recycling of residential lead paint waste. The commissioner shall encourage treatment and
recycling of residential lead paint waste.
History: 1Sp1993 c 1 art 9 s 16
116.89 ENFORCEMENT.
    Subdivision 1. Rules. The Minnesota Pollution Control Agency may adopt rules necessary
to implement and enforce the provisions of sections 116.87 to 116.885, including rules to regulate
the transportation, storage, disposal, and other management of residential lead paint waste after
the waste leaves the site where it was produced.
    Subd. 2. License revocation. In addition to enforcement by the Minnesota Pollution Control
Agency, the commissioner of health may revoke the license of an abatement contractor that
violates any provision of sections 116.87 to 116.885 or the rules adopted under subdivision 1.
History: 1Sp1993 c 1 art 9 s 17

GENERAL

116.90 REFUSE-DERIVED FUEL.
    Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this section.
(b) "Agency" means the Pollution Control Agency.
(c) "Minor modification" means a physical or operational change that does not increase the
rated energy production capacity of a solid fuel fired boiler and which does not involve capital
costs in excess of 20 percent of a new solid fuel fired boiler having the same rated capacity.
(d) "Refuse-derived fuel" means a product resulting from the processing of mixed municipal
solid waste in a manner that reduces the quantity of noncombustible material present in the waste,
reduces the size of waste components through shredding or other mechanical means, and produces
a fuel suitable for combustion in existing or new solid fuel fired boilers.
(e) "Solid fuel fired boiler" means a device that is designed to combust solid fuel, including
but not limited to: wood, coal, biomass, or lignite to produce steam or heat water.
    Subd. 2. Use of refuse-derived fuel. (a) Existing or new solid fuel fired boilers may utilize
refuse-derived fuel in an amount up to 30 percent by weight of the fuel feed stream under the
following conditions:
(1) utilization of refuse-derived fuel involves no modification or only minor modification to
the solid fuel fired boiler;
(2) utilization of refuse-derived fuel does not cause a violation of emissions limitations or
ambient air quality standards applicable to the solid fuel fired boiler;
(3) the solid fuel fired boiler has a valid permit to operate;
(4) the refuse-derived fuel is manufactured and sold in compliance with permits issued by
the agency and:
(i) is produced by a facility for which a permit was issued by the agency before June
1, 1991; or
(ii) is produced by an agency-permitted facility designed as part of a regional waste
management system at which facility the waste is mechanically and hand sorted to avoid
inclusion of items containing mercury or other heavy metals in the waste that is processed into
refuse-derived fuel, and the refuse-derived fuel producer has contracted with an end user to
combust the fuel; and
(5) the owner or operator of the solid fuel fired boiler gives prior written notice to the
commissioner of the agency of the amount of refuse-derived fuel expected to be used and the
date on which the use is expected to begin.
(b) A facility that produces refuse-derived fuel that is sold for use in a solid fuel fired boiler
may accept waste for processing only from counties that provide for the removal of household
hazardous waste from the waste.
(c) The agency may not require, as a condition of using refuse-derived fuel under this
section, any additional monitoring or testing of a solid fuel fired boiler's air emissions beyond
the monitoring or testing required by state or federal law or by the terms of the solid fuel fired
boiler's permit issued by the agency.
History: 1991 c 337 s 56; 1992 c 593 art 1 s 33
116.91 CITIZEN REPORTS OF ENVIRONMENTAL VIOLATIONS.
The agency shall maintain and publicize a toll-free number to enable citizens to report
information about potential environmental violations. The agency may establish a program to pay
awards from funds raised from private sources to persons who provide information that leads to
the conviction for an environmental crime.
History: 1991 c 347 art 3 s 2
116.915 MERCURY REDUCTION.
    Subdivision 1. Goal. It is the goal of the state to reduce mercury contamination by reducing
the release of mercury into the air and water of the state by 60 percent from 1990 levels by
December 31, 2000, and by 70 percent from 1990 levels by December 31, 2005. The goal applies
to the statewide total of releases from existing and new sources of mercury. The commissioner
shall publish updated estimates of 1990 releases in the State Register.
    Subd. 2. Reduction strategies. The commissioner shall implement the strategies
recommended by the Mercury Contamination Reduction Initiative Advisory Council and
identified on pages 31 to 42 of the Minnesota Pollution Control Agency's report entitled
"Report on the Mercury Contamination Reduction Initiative Advisory Council's Results and
Recommendations" as transmitted to the legislature by the commissioner's letter dated March
15, 1999. The commissioner shall solicit, by July 1, 1999, voluntary reduction agreements from
sources that emit more than 50 pounds of mercury per year.
    Subd. 3.[Obsolete, 1Sp2005 c 1 art 2 s 161]
History: 1999 c 231 s 150
116.92 MERCURY EMISSIONS REDUCTION.
    Subdivision 1. Sales. A person may not sell mercury to another person in this state without
providing a material safety data sheet, as defined in United States Code, title 42, section 11049,
and requiring the purchaser to sign a statement that the purchaser:
(1) will use the mercury only for a medical, dental, instructional, research, or manufacturing
purpose; and
(2) understands the toxicity of mercury and will appropriately store and use it and will not
place, or allow anyone under the purchaser's control to place, the mercury in the solid waste
stream or in a wastewater disposal system, as defined in section 115.01, subdivision 4.
    Subd. 2. Use of mercury. A person who uses mercury in any application may not place,
or deliver the mercury to another person who places residues, particles, scrapings, or other
materials that contain mercury in solid waste or wastewater, except for traces of materials that
may inadvertently pass through a filtration system during a dental procedure.
    Subd. 3. Labeling; products containing mercury. (a) A manufacturer or wholesaler may
not sell and a retailer may not knowingly sell any of the following items in this state that contain
mercury unless the item is labeled in a manner to clearly inform a purchaser or consumer that
mercury is present in the item and that the item may not be placed in the garbage until the
mercury is removed and reused, recycled, or otherwise managed to ensure that it does not become
part of solid waste or wastewater:
(1) a thermostat or thermometer;
(2) an electric switch, individually or as part of another product, other than a motor vehicle;
(3) an appliance;
(4) a medical or scientific instrument;
(5) an electric relay or other electrical device;
(6) a fluorescent or high-intensity discharge lamp, individually or as part of another product;
and
(7) laboratory chemicals, reagents, fixatives, and electrodes.
    (b) Labeling of items in accordance with mercury product labeling plans approved by another
state that is a member of the Interstate Mercury Education and Reduction Clearinghouse (IMERC)
shall be considered to be in compliance with this section. The manufacturer shall provide a copy
of the labeling plan to the agency and shall notify the agency if the approval is modified.
    (c) Manufacturers of products that contain a mercury-containing lamp not intended to be
replaceable by the user or consumer shall meet the product labeling requirements of this section
by placing the label on the product or in the care and use manual or product instructions.
    Subd. 4. Removal from service; products containing mercury. (a) When an item listed
in subdivision 3 is removed from service the mercury in the item must be reused, recycled, or
otherwise managed to ensure compliance with section 115A.932.
(b) A person who is in the business of replacing or repairing an item listed in subdivision
3 in households shall ensure, or deliver the item to a facility that will ensure, that the mercury
contained in an item that is replaced or repaired is reused or recycled or otherwise managed in
compliance with section 115A.932.
(c) A person may not crush a motor vehicle unless the person has first made a good faith
effort to remove all of the mercury switches in the motor vehicle.
    Subd. 5. Thermostats. A manufacturer of thermostats that contain mercury or that may
replace thermostats that contain mercury shall, in addition to the requirements of subdivision 3,
provide incentives for and sufficient information to purchasers and consumers of the thermostats
for the purchasers or consumers to ensure that mercury in thermostats being removed from service
is reused or recycled or otherwise managed in compliance with section 115A.932. A manufacturer
that has complied with this subdivision is not liable for improper disposal by purchasers or
consumers of thermostats.
    Subd. 5a. Displacement relays. (a) A manufacturer of a displacement relay that contains
mercury is responsible for the costs of collecting and managing its displacement relays to ensure
that the relays do not become part of the solid waste stream.
(b) A manufacturer of a displacement relay that contains mercury shall, in addition to the
requirements of subdivision 3, provide incentives for, and sufficient information to, purchasers
and consumers of the relay to ensure that the relay does not become part of the waste stream.
A manufacturer that has complied with this subdivision is not liable for improper disposal by
purchasers or consumers of its relays.
(c) A manufacturer subject to this subdivision, or an organization of such manufacturers and
its officers, members, employees, and agents, may participate in projects or programs to collect
and properly manage waste displacement relays. Any person who participates in such a project or
program is immune from liability under state law relating to antitrust, restraint of trade, unfair
trade practices, and other regulation of trade or commerce for activities related to the collection
and management of the relays under this subdivision.
(d) For the purposes of this subdivision, a "displacement relay" means an electric flow
control device having one or more poles that contain metallic mercury and a plunger which, when
energized by a magnetic field, moves into a pool of mercury, displacing the mercury sufficiently
to create a closed electrical circuit.
    Subd. 6. Mercury thermometers prohibited. (a) A manufacturer, wholesaler, or retailer
may not sell or distribute at no cost a thermometer containing mercury that was manufactured
after June 1, 2001.
(b) Paragraph (a) does not apply to:
(1) an electronic thermometer with a battery containing mercury if the battery is in
compliance with section 325E.125;
(2) a mercury thermometer used for food research and development or food processing,
including meat, dairy products, and pet food processing;
(3) a mercury thermometer that is a component of an animal agriculture climate control
system or industrial measurement system until such time as the system is replaced or a
nonmercury component for the system is available; or
(4) a mercury thermometer used for calibration of other thermometers, apparatus, or
equipment, unless a nonmercury calibration standard is approved for the application by the
National Institute of Standards and Technology.
    Subd. 7. Fluorescent and high intensity discharge lamps; large use applications. (a) A
person who sells fluorescent or high intensity discharge lamps that contain mercury to the owner
or manager of an industrial, commercial, office, or multiunit residential building, or to any person
who replaces or removes from service outdoor lamps that contain mercury, shall clearly inform
the purchaser in writing on the invoice for the lamps, or in a separate writing, that the lamps
contain mercury, a hazardous substance that is regulated by federal or state law and that they may
not be placed in solid waste. This paragraph does not apply to a person who incidentally sells
fluorescent or high intensity discharge lamps at retail to the specified purchasers.
(b) A person who contracts with the owner or manager of an industrial, commercial, office,
or multiunit residential building, or with a person responsible for outdoor lighting, to remove
from service fluorescent or high intensity discharge lamps that contain mercury shall clearly
inform, in writing, the person for whom the work is being done that the lamps being removed
from service contain mercury and what the contractor's arrangements are for the management of
the mercury in the removed lamps.
    Subd. 7a. Fluorescent and high-intensity discharge lamps; residential applications. (a)
Any information regarding fluorescent and high-intensity discharge lamps containing mercury
that is sent by a utility to a customer, present on a utility's Web site, or contained in a utility's
print, radio, or video advertisement, must:
(1) state that the lamps contain mercury;
(2) state that mercury is harmful to the environment;
(3) state that placing the lamps in garbage is illegal; and
(4) provide a toll-free telephone number or Web site that customers can access to learn
how to lawfully dispose of the lamps.
(b) The information under paragraph (a) must be:
(1) provided in a minimum of 12-point type in print or online media; and
(2) provided in a manner that the ordinary consumer will understand that fluorescent and
high-intensity discharge lamps contain mercury and must not be placed in garbage in Minnesota.
    (c) A television or radio advertisement regarding fluorescent and high-intensity discharge
lamps containing mercury must prominently convey the information that the lamps contain
mercury and must be recycled.
    Subd. 8. Ban; toys, games, and apparel. A person may not sell for resale or at retail in
this state a toy or game that contains mercury, or an item of clothing or wearing apparel that is
exempt from sales tax under section 297A.67, subdivision 8, that contains an electric switch
that contains mercury.
    Subd. 8a. Ban; mercury manometers. After June 30, 1997, mercury manometers for use on
dairy farms may not be sold or installed, nor may mercury manometers in use on dairy farms be
repaired. After December 31, 2000, all mercury manometers on dairy farms must be removed
from use.
    Subd. 8b. Ban; mercury-containing sphygmomanometers. After August 1, 2007, a person
may not sell, offer for sale, distribute, install, or reinstall in the state a sphygmomanometer
containing mercury.
    Subd. 8c. Ban; mercury-containing gastrointestinal devices. After August 1, 2007, a
person may not sell, offer for sale, distribute, or use in the state an esophageal dilator, bougie tube,
gastrointestinal tube, feeding tube, or similar device containing mercury.
    Subd. 8d. Ban; mercury-containing thermostats. After August 1, 2007, a person may
not sell, offer for sale, distribute, install, or reinstall in the state a product or device that uses a
mercury switch to sense and control room temperature through communication with heating,
ventilating, or air-conditioning equipment. This subdivision does not apply to a thermostat used to
sense and control temperature as part of a manufacturing process.
    Subd. 8e. Ban; mercury-containing switches and relays. (a) After August 1, 2007, a
person may not sell, offer for sale, or distribute in the state a mercury switch or mercury relay
individually or as part of another product.
(b) For the purposes of this subdivision:
(1) "mercury relay" means a mercury-containing product or device that opens or closes
electrical contacts to affect the operation of other devices in the same or another electrical circuit
and includes, but is not limited to, mercury displacement relays, mercury wetted reed relays, and
mercury contact relays; and
(2) "mercury switch" means a mercury-containing product or device that opens or closes an
electrical circuit or gas valve and includes, but is not limited to, mercury float switches actuated
by rising or falling liquid levels, mercury tilt switches actuated by a change in the switch position,
mercury pressure switches actuated by a change in pressure, mercury temperature switches
actuated by a change in temperature, and mercury flame sensors. A mercury switch does not
include a mercury-added thermostat or a mercury diostat.
    (c) A manufacturer shall be in compliance with this subdivision if:
    (1) it has received an exclusion or exemption from a state that is a member of the Interstate
Mercury Education and Reduction Clearinghouse (IMERC) for replacement parts or for a use
where no feasible alternative is available;
    (2) it submits a copy of the approved exclusion or exemption to the commissioner; and
    (3) it meets all of the requirements in the approved exclusion or exemption for its activities
within the state.
    Subd. 8f. Ban; mercury diostats. After January 1, 2008, a person may not sell, offer for
sale, or distribute a new gas oven, range, or stove containing a mercury-containing switch that
controls a gas valve in an oven or oven portion of a gas range or stove.
    Subd. 8g. Ban; mercury-containing barometers, manometers, and pyrometers. After
January 1, 2008, a person may not sell, offer for sale, or distribute in the state a mercury-containing
device used for measuring atmospheric pressure or for measuring pressure of liquids and gases
or a mercury-containing device used for measuring the temperature of extremely hot materials,
individually or as part of another product.
    Subd. 8h. Ban; mercury in over-the-counter pharmaceuticals. After January 1, 2008, a
person may not sell, offer for sale, or distribute in the state for human use an over-the-counter
pharmaceutical product containing mercury.
    Subd. 8i. Ban; mercury in cosmetics, toiletries, and fragrances. After January 1, 2008,
a person may not sell, offer for sale, or distribute in the state a cosmetic, toiletry, or fragrance
product containing mercury.
    Subd. 8j. Exclusion for existing equipment. The prohibitions in subdivisions 8b to 8g do
not apply if a switch, relay, or measuring device is used to replace a switch, relay, or measuring
device that is a component of a larger product in use prior to January 1, 2008, provided the owner
of that equipment has made every reasonable effort to determine that no compatible nonmercury
replacement component exists.
    Subd. 9. Enforcement; generators of household hazardous waste. (a) A violation of
subdivision 2 or 4, paragraph (a), by a generator of household hazardous waste, as defined in
section 115A.96, or a violation of subdivision 8 by a person selling at retail, is not subject to
enforcement under section 115.071, subdivision 3.
(b) An administrative penalty imposed under section 116.072 for a violation of subdivision 2
or 4, paragraph (a), by a generator of household hazardous waste, as defined in section 115A.96,
or for a violation of subdivision 8 by a person selling at retail, may not exceed $700.
    Subd. 10. Definition of mercury-containing. For the purposes of this section,
"mercury-containing" or "containing mercury" means that the product, component of a product,
or chemical formulation contains intentionally added mercury.
History: 1992 c 560 s 3; 1992 c 603 s 37; 1993 c 249 s 28; 1994 c 585 s 38; 1995 c 247
art 1 s 43; 1997 c 62 s 2,3; 1997 c 216 s 116; 2000 c 418 art 1 s 44; 2001 c 47 s 1; 2006 c
201 s 2; 2007 c 109 s 2-13
116.921 MULTISTATE CLEARINGHOUSE.
    The agency is authorized to participate in the Interstate Mercury Education and Reduction
Clearinghouse (IMERC) to assist in carrying out the requirements and coordinating any other
activities related to the administration of statutes governing the purchase, sale, use, labeling,
disposal, and management of mercury and mercury-containing products.
History: 2007 c 109 s 14
116.925 ELECTRIC ENERGY; MERCURY EMISSIONS REPORT.
    Subdivision 1. Report. To address the shared responsibility between the providers and
consumers of electricity for the protection of Minnesota's lakes, each electric utility, as defined
in section 216B.38, subdivision 5, and each person that generates electricity in this state for
that person's own use or for sale at retail or wholesale shall provide to the commissioner of
the Pollution Control Agency by April 1 an annual report of the amount of mercury emitted in
generating that electricity at that person's facilities for the previous calendar year.
    Subd. 2. Contents of report. (a) A report must include:
(1) a list of all generation facilities owned or operated by the utility or person subject to
subdivision 1;
(2) all readily available information regarding the amount of electricity purchased by the
utility or person subject to subdivision 1, for use in the state; and
(3) information for each facility owned or operated by the utility or person subject to
subdivision 1, stating: (i) the amount of electricity generated at the facility for use or for sale in
this state at retail or wholesale; (ii) the amount of fuel used to generate that electricity at the
facility; and (iii) the amount of mercury emitted in generating that electricity in the previous
calendar year, based on emission factors, stack tests, fuel analysis, or other methods approved by
the commissioner. The report must include the mercury content of the fuel if it is determined in
conjunction with a stack test.
(b) The following are de minimis standards for small and little-used generation facilities:
(1) less than 240 hours of operation by the combustion unit per year;
(2) a fuel capacity input at the combustion unit of less than 150,000,000 British thermal
units per hour; or
(3) an electrical generation unit with maximum output of less than or equal to 15 megawatts.
A utility or person subject to this section who owns or operates a combustion unit that
qualifies under one of these de minimis standards is not required to provide the information
described in paragraph (a) for that combustion unit.
(c) A report need not be filed for a combustion device for a year in which the device has
documented mercury emissions of three pounds or less.
    Subd. 3. Report to consumers. By January 1, 1999, and biennially thereafter in the report on
air toxics required under section 115D.15, the commissioner shall report the amount of mercury
emitted in the generation of electricity.
History: 1997 c 191 art 2 s 2
116.93 LAMP RECYCLING FACILITIES.
    Subdivision 1. Definition. For the purposes of this section, "lamp recycling facility" means a
facility operated to remove, recover, and recycle for reuse mercury or other hazardous materials
from fluorescent or high intensity discharge lamps.
    Subd. 2. Lamp recycling facility; permits or licenses; reporting. (a) A person may not
operate a lamp recycling facility without obtaining a permit or license for the facility from the
agency. The permit or license must require:
(1) a plan for response to releases, including emergency response;
(2) proof of financial responsibility for closure and any necessary postclosure care at the
facility which may include a performance bond or other insurance;
(3) liability insurance or another financial mechanism that provides proof of financial
responsibility for response actions required under chapter 115B; and
(4) by March 1 each year, beginning in 2008, an annual report to the agency on the number
and type of lamps received from businesses and households in the state and total number of lamps
received from all generators outside of the state.
    The agency shall specify the format for the report under clause (4) and make the reported
information available on the agency's Web site.
(b) A lamp recycling facility that is licensed or permitted by a county under section 473.811,
subdivision 5b
, complies with this subdivision if the license or permit held by the facility contains
at least all the terms and conditions required by the agency for a license or permit issued under
this subdivision.
(c) A lamp recycling facility with a demonstrated capability for recycling that is in operation
prior to adoption of rules for a licensing or permitting process for the facility by the agency
may continue to operate in accordance with a compliance agreement or other approval by the
commissioner until a license or permit is issued by the agency under this subdivision.
History: 1993 c 249 s 29; 2007 c 109 s 15
116.94 [Repealed, 1995 c 247 art 1 s 67]

SMALL BUSINESS ASSISTANCE

116.95 CITATION.
Sections 116.96 to 116.99 may be cited as the "Small Business Air Quality Compliance
Assistance Act."
History: 1992 c 546 s 5
116.96 DEFINITIONS.
    Subdivision 1. Scope. The definitions in this section apply to sections 116.96 to 116.99.
    Subd. 2. Agency. "Agency" means the Pollution Control Agency.
    Subd. 3. Clean Air Act. "Clean Air Act" means the federal Clean Air Act, United States
Code, title 42, section 7401 et seq., as amended.
    Subd. 4. Commissioner. "Commissioner" means the commissioner of the Pollution Control
Agency.
    Subd. 5. Regulated pollutant. "Regulated pollutant" means:
(1) a volatile organic compound that participates in atmospheric photochemical reactions;
(2) a pollutant for which a national ambient air quality standard has been promulgated;
(3) a pollutant that is addressed by a standard promulgated under section 7411 or 7412 of
the Clean Air Act; or
(4) any pollutant that is regulated under this chapter or air quality rules adopted under this
chapter.
    Subd. 6. Small business stationary source. "Small business stationary source" means
a business that:
(1) is owned or operated by a person that employs 100 or fewer individuals;
(2) is a small business concern as defined in the Small Business Act, United States Code,
title 15, section 632(a);
(3) is not a major stationary source as defined in section 7661 of the Clean Air Act;
(4) does not emit 50 tons or more per year of any regulated pollutant; and
(5) emits less than 75 tons per year of all regulated pollutants.
History: 1992 c 546 s 6; 1995 c 220 s 107
116.97 SMALL BUSINESS AIR QUALITY COMPLIANCE ASSISTANCE PROGRAM.
    Subdivision 1. Creation. The commissioner shall establish a small business air quality
compliance assistance program that incorporates the small business stationary source technical
and environmental compliance assistance program required by section 7661f of the Clean Air Act.
    Subd. 2. Requirements. The commissioner shall ensure that the program provides at least
the following:
(1) direct, timely, one-on-one information and technical assistance to small businesses that are
stationary sources on matters including, but not limited to, their legal rights and obligations under
federal and state air quality laws and regulations, applicable requirements and alternatives for
achieving compliance, permit procedures, preparation of permit applications, sources of technical
expertise, consequences of operating in violation, enforcement, fines, penalties, and appeals;
(2) a clearinghouse to provide information and referral to appropriate technical experts
concerning Clean Air Act regulatory requirements, compliance methods, and control technologies;
(3) information and assistance on methods of pollution prevention and the prevention and
detection of accidental releases;
(4) audits of the operations of small business stationary sources to determine compliance with
federal and state air quality laws and regulations, or establishment of a procedure for referring
sources to qualified auditors. Audits may include, but need not be limited to, an evaluation of
work practices, compliance monitoring procedures, record-keeping requirements, and technical
assistance on pollution prevention opportunities and control options;
(5) to the extent permitted by federal and state air quality laws and regulations, procedures for
responding to requests from small business stationary sources for modification of work practices
or methods compliance because of the financial or technological capability of the source; and
(6) coordination of efforts with trade associations, small business assistance providers, and
federal, state, and local governmental agencies that provide information and technical assistance
to small businesses, in order to maximize the information and assistance available to small
businesses and to prevent duplication of effort and services.
History: 1992 c 546 s 7
116.98 OMBUDSMAN FOR SMALL BUSINESS AIR QUALITY COMPLIANCE
ASSISTANCE PROGRAM.
    Subdivision 1. Appointment. The commissioner shall appoint an ombudsman for small
business air quality compliance assistance in the classified service.
    Subd. 2. Duties. The ombudsman shall provide direct oversight of the small business air
quality compliance assistance program. The ombudsman's duties include, but are not limited to:
(1) conducting independent evaluations of all aspects of the program;
(2) monitoring, reviewing, and providing comments and recommendations to federal, state,
and local air quality authorities on laws and regulations that impact small businesses;
(3) facilitating and promoting the participation of small businesses in the development of
laws and regulations that affect them;
(4) providing reports to federal, state, and local air quality authorities and the public on the
requirements of the Clean Air Act and their impact on small businesses;
(5) disseminating information concerning proposed air quality regulations, control
technologies, and other information to small businesses and other interested parties;
(6) participating in and sponsoring meetings and conferences concerning air quality laws
and regulations with state and local regulatory officials, industry groups, and small business
representatives;
(7) investigating and assisting in the resolution of complaints and disputes from small
businesses against state or local air quality authorities;
(8) periodically reviewing the work and services provided by the program with trade
associations and small business representatives;
(9) operating a toll-free telephone line to provide free, confidential help on individual source
problems and grievances;
(10) referring small businesses to appropriate technical specialists for information and
assistance on affordable alternative technologies, process changes, products, and operational
methods to help reduce air pollution and accidental releases;
(11) arranging for and assisting in the preparation of program guideline documents to ensure
that the language is readily understandable by the lay person;
(12) establishing cooperative programs with trade associations and small businesses to
promote and achieve voluntary compliance with federal and state air quality laws and regulations;
(13) establishing cooperative programs with federal, state, and local governmental entities
and the private sector to assist small businesses in securing sources of funds to comply with
federal, state, and local air quality laws and regulations;
(14) conducting studies to evaluate the impacts of federal and state air quality laws and
regulations on the state's economy, local economies, and small businesses;
(15) serving as a voting member of the Small Business Air Quality Compliance Advisory
Council established by section 116.99; and
(16) performing the ombudsman's duties in cooperation and coordination with governmental
entities and private organizations as appropriate so as to eliminate overlap and duplication to
the extent practicable.
    Subd. 3. Independence of action. In carrying out the duties imposed by sections 116.96
to 116.99, the ombudsman may act independently of the agency in providing testimony to the
legislature, contacting and making periodic reports to federal and state officials as necessary to
carry out the duties imposed by sections 116.96 to 116.99, and addressing problems of concern
to small businesses.
    Subd. 4. Qualifications. The ombudsman must be knowledgeable about federal and state
air quality laws and regulations, control technologies, and federal and state legislative and
regulatory processes. The ombudsman must be experienced in dealing with both private enterprise
and governmental entities, arbitration and negotiation, interpretation of laws and regulations,
investigation, record keeping, report writing, public speaking, and management.
    Subd. 5. Office support. The commissioner shall provide the ombudsman with the necessary
office space, supplies, equipment, and clerical support to effectively perform the duties imposed
by sections 116.96 to 116.99.
History: 1992 c 546 s 8
116.99 SMALL BUSINESS AIR QUALITY COMPLIANCE ADVISORY COUNCIL.
    Subdivision 1. Creation. A Small Business Air Quality Compliance Assistance Advisory
Council is established within the agency.
    Subd. 2. Duties. The council has the following duties:
(1) rendering advisory opinions on the effectiveness of the program, difficulties encountered,
and degree and severity of enforcement;
(2) preparing periodic reports on matters relating to the program as requested by appropriate
federal and state agencies;
(3) reviewing information for sources to ensure the information is complete, comprehensive,
and understandable to the lay person; and
(4) other duties it finds appropriate to comply with applicable federal or state air quality
laws and regulations.
    Subd. 3. Membership. The council consists of the following members:
(1) two members appointed by the governor who represent the general public and are not
owners or representatives of owners who are small business stationary sources;
(2) the commissioner or the commissioner's designee, who shall represent the agency;
(3) four members appointed by the legislature who are owners or representatives of owners
of small business stationary sources; and
(4) the commissioner of employment and economic development or the commissioner's
designee.
The majority and minority leaders of the house of representatives and the senate shall each
appoint one of the members listed in clause (3).
    Subd. 4. Membership terms; compensation; removal. The membership terms,
compensation, and removal of council members are governed by section 15.0575, except that
subdivision 5 does not apply.
    Subd. 5. Chair. The council shall select its chair by a majority vote.
    Subd. 6. Program. The council may set its own agenda and work program, consistent with
the requirements of the Clean Air Act, after consultation with the commissioner and the small
business ombudsman established by this chapter.
    Subd. 7. Funding. The commissioner shall allocate and administer the funds reasonably
necessary to cover the operational costs of the council.
    Subd. 8. Staff. The commissioner shall provide staff services reasonably required by the
council.
History: 1992 c 546 s 9; 1995 c 247 art 2 s 54; 1Sp2003 c 4 s 1; 1Sp2005 c 1 art 2 s 161
116.991 [Repealed, 1997 c 216 s 160]
116.992 [Repealed, 1997 c 216 s 160]
116.993 SMALL BUSINESS ENVIRONMENTAL IMPROVEMENT LOAN PROGRAM.
    Subdivision 1. Establishment. A small business environmental improvement revolving loan
program is established to provide loans to small businesses for the purpose of capital equipment
purchases that will meet or exceed environmental rules and regulations or for investigation and
cleanup of contaminated sites. The small business environmental improvement revolving loan
program replaces the small business environmental loan program in Minnesota Statutes 1996,
section 116.991, and the hazardous waste generator loan program in Minnesota Statutes 1996,
section 115B.223.
    Subd. 2. Eligible borrower. To be eligible for a loan under this section, a borrower must:
(1) be a small business corporation, sole proprietorship, partnership, or association;
(2) be a potential emitter of pollutants to the air, ground, or water;
(3) need capital for equipment purchases that will meet or exceed environmental regulations
or need capital for site investigation and cleanup;
(4) have less than 50 full-time employees;
(5) have an after tax profit of less than $500,000; and
(6) have a net worth of less than $1,000,000.
    Subd. 3. Loan application and award procedure. The commissioner of the Pollution
Control Agency may give priority to applicants that include, but are not limited to, those subject
to Clean Air Act standards adopted under United States Code, title 42, section 7412, those
undergoing site investigation and remediation, those involved with facility wide environmental
compliance and pollution prevention projects, and those determined by the commissioner to
be small business outreach priorities. The commissioner shall decide whether to award a loan
to an eligible borrower based on:
(1) the applicant's financial need;
(2) the applicant's ability to secure and repay the loan; and
(3) the expected environmental benefit.
    Subd. 4. Screening committee. The commissioner shall appoint a screening committee to
evaluate applications and determine loan awards. The committee shall have diverse expertise in
air quality, water quality, solid and hazardous waste management, site response and cleanup,
pollution prevention, and financial analysis.
    Subd. 5. Limitation on loan obligation. Numbers of applications accepted, evaluated, and
awarded are based upon the available money in the small business environmental improvement
loan account.
    Subd. 6. Loan conditions. A loan made under this section must include:
(1) an interest rate that is four percent or one-half the prime rate, whichever is greater;
(2) a term of payment of not more than seven years; and
(3) an amount not less than $1,000 or exceeding $50,000.
History: 1997 c 216 s 117
116.994 SMALL BUSINESS ENVIRONMENTAL IMPROVEMENT LOAN
ACCOUNTING.
Repayments of loans made under section 116.993 must be credited to the environmental
fund. Money deposited in the fund under section 116.993 is appropriated to the commissioner for
loans under section 116.993.
History: 1997 c 216 s 118; 2003 c 128 art 2 s 40