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    Subdivision 1. General penalty. Except as provided in subdivision 2, a person who violates
this chapter or an order, standard, stipulation, agreement, or schedule of compliance of the
commissioner is subject to a civil penalty of up to $7,500 per day of violation as determined by
the court.
    Subd. 2. Defense to civil remedies and damages. As a defense to a civil penalty or claim
for damages under subdivision 1, the defendant may prove that the violation was caused solely by
an act of God, an act of war, or an act or failure to act that constitutes sabotage or vandalism, or
any combination of these defenses.
    Subd. 3. Actions to compel performance. In an action to compel performance of an order
of the commissioner to enforce a provision of this chapter, the court may require a defendant
adjudged responsible to perform the acts within the person's power that are reasonably necessary
to accomplish the purposes of the order.
    Subd. 4. Recovery of penalties by civil action. The civil penalties and payments provided
for in this chapter may be recovered by a civil action brought by the county attorney or the
attorney general in the name of the state.
History: 2003 c 128 art 6 s 10

Official Publication of the State of Minnesota
Revisor of Statutes