1998 Minnesota Statutes

     116.073 Field citations. 

    Subdivision 1.    Authority to issue.  Pollution control 
 agency staff designated by the commissioner and department of 
 natural resources conservation officers may issue citations to a 
 person who 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.  In addition, pollution control agency staff 
 designated by the commissioner may issue citations to owners and 
 operators of facilities dispensing petroleum products who 
 violate sections 116.46 to 116.50 and Minnesota Rules, chapter 
 7150.  The citations may be issued only after the owners and 
 operators have had a 90-day period to correct all the violations 
 stated in a letter issued previously by pollution control agency 
 staff.  A citation issued under this subdivision must include a 
 requirement that the person cited remove and properly dispose of 
 or otherwise manage the waste, reimburse any government agency 
 that has disposed of the waste for the reasonable costs of 
 disposal, or correct any underground storage tank violations. 

    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) $250 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; 

    (8) $100 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; and 

    (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. 

    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. 

    HIST: 1994 c 585 s 33; 1998 c 379 s 3,4