2006 Minnesota Statutes

114C.21 DEFINITIONS.
    Subdivision 1. Applicability. As used in sections 114C.20 to 114C.28, the terms defined in
this section have the meanings given.
    Subd. 2. Agency. "Agency" means the Pollution Control Agency.
    Subd. 2a. Environmental management system. "Environmental management system"
means a documented, systematic procedure or practice that reflects the regulated entity's due
diligence in preventing, detecting, and correcting violations of environmental requirements. Due
diligence encompasses the regulated entity's systematic efforts, appropriate to the size and nature
of its business, to prevent, detect, and correct violations of environmental requirements and must
be consistent with any criteria used by the United States Environmental Protection Agency to
define due diligence in federal audit policies or regulations.
    Subd. 3. Environmental requirement. "Environmental requirement" means a requirement
in:
(1) a law administered by the agency, a rule adopted by the agency, a permit or order issued
by the agency, an agreement entered into with the agency, or a court order issued pursuant to any
of the foregoing; or
(2) an ordinance or other legally binding requirement of a local government unit under
authority granted by state law relating to environmental protection, including solid and hazardous
waste management.
    Subd. 4. Environmental audit; audit. "Environmental audit" or "audit" means a systematic,
documented, and objective review by a regulated entity of one or more facility operations and
practices related to compliance with one or more environmental requirements and, if deficiencies
are found, a plan for corrective action. The regulated entity may use an evaluation form developed
by the regulated entity, prepared by a consultant, or prescribed or approved by the commissioner.
The final audit document must be designated as an "audit report" and must include the date of the
final written report of findings for the audit.
    Subd. 5. Commissioner. "Commissioner" means the commissioner of the Pollution Control
Agency.
    Subd. 6. Facility. "Facility" means all buildings, equipment, structures, and other stationary
items that are located on a single site or on contiguous or adjacent sites and that are owned or
operated by the same person.
    Subd. 7. Local governmental unit. "Local governmental unit" means a county, a statutory
or home rule charter city, a town, a sanitary district, or the metropolitan area.
    Subd. 8. Major facility. "Major facility" means an industrial or municipal wastewater
discharge major facility as defined in rules of the agency; a feedlot that is permitted for 1,000 or
more animal units; a large quantity hazardous waste generator as defined in rules of the agency; a
hazardous waste treatment, storage, or disposal facility that is required to have a permit under
the federal Resource Conservation and Recovery Act, United States Code, title 42, section 6925;
or a major source as defined in Minnesota Rules, parts 7007.0100, subpart 13, and 7007.0200,
subpart 2.
    Subd. 9.[Repealed, 1999 c 158 s 15]
    Subd. 10. Regulated entity. "Regulated entity" means a public or private organization
that is subject to environmental requirements.
    Subd. 10a. Regulated material. "Regulated material" means the chemicals, wastes, or
substances generated or released by a facility that make the facility subject to an environmental
requirement.
    Subd. 11.[Repealed, 1999 c 158 s 15]
    Subd. 12. State. "State" means the Pollution Control Agency, the attorney general, and all
local governmental units.
History: 1995 c 168 s 9; 1996 c 359 s 3-5; 1996 c 437 s 24; 1999 c 158 s 2-5; 2000 c
260 s 94; 2001 c 187 s 1