2007 Minnesota Statutes

221.0355 UNIFORM HAZARDOUS MATERIAL AND HAZARDOUS WASTE
REGISTRATION AND PERMIT REQUIREMENTS.
    Subdivision 1. Purpose. The purpose of this section is to enable Minnesota to participate in
establishing, implementing, and administering a uniform registration and permitting program for
persons who transport or ship hazardous material or hazardous waste by motor vehicle on the
public highways in interstate or intrastate commerce. The program's procedures and requirements
must conform to those contained in the report submitted to the secretary of transportation pursuant
to the "Hazardous Materials Transportation Uniform Safety Act of 1990," United States Code,
title 49 appendix, section 1819, subsection (c).
    Subd. 2. Definitions. For purposes of this section, the following words and phrases have
the meanings given them in this subdivision:
(a) "Base state" means the state selected by a carrier according to the procedures established
by the uniform program.
(b) "Base state agreement" means the agreement between participating states electing to
register or permit carriers of hazardous material or hazardous waste.
(c) "Carrier" means a person who operates a motor vehicle used to transport hazardous
material or hazardous waste.
(d) "Designated hazardous material" means a hazardous material described in Code of
Federal Regulations, title 49, section 107.601, which is incorporated by reference.
(e) "Hazardous material" means:
(1) a hazardous material when the hazardous material is of a type or in a quantity that
requires the transport vehicle to be placarded in accordance with Code of Federal Regulations,
title 49, part 172; or
(2) a hazardous substance or marine pollutant when transported in bulk packaging as defined
in Code of Federal Regulations, title 49, section 171.8, which is incorporated by reference.
(f) "Hazardous material transportation" means the transportation of hazardous material or
hazardous waste, or both, on the public highways.
(g) "Hazardous waste" means hazardous waste of a type and amount that requires the
shipment to be accompanied by a uniform hazardous waste manifest described in Code of
Federal Regulations, title 40, part 262, including state-designated hazardous wastes when a list
of state-designated hazardous wastes has been filed by the state with the national repository
under the uniform program.
(h) "Participating state" means a state electing to participate in the uniform program by
entering a base state agreement.
(i) "Person" means an individual, firm, copartnership, cooperative, company, association,
limited liability company, corporation, or public entity.
(j) "Public entity" means a carrier who is a federal or state agency or political subdivision.
(k) "Shipper" means a person who offers a designated hazardous material to another person
for shipment or who causes a designated hazardous material to be transported or shipped by
another person.
(l) "Uniform application" means the uniform motor carrier registration and permit application
form established under the uniform program.
(m) "Uniform program" means the Uniform State Hazardous Materials Transportation Motor
Carrier Registration and Permit Program established in the report submitted to the secretary of
transportation pursuant to the "Hazardous Materials Transportation Uniform Safety Act of 1990,"
United States Code, title 49 appendix, section 1819, subsection (c).
    Subd. 3. General requirements; exceptions. Except as provided in subdivision 17, after
October 1, 1994:
(a) No carrier, other than a public entity, may transport a hazardous material by motor
vehicle in Minnesota unless it has complied with subdivision 4.
(b) No carrier, other than a public entity, may transport a hazardous waste in Minnesota
unless it has complied with subdivisions 4 and 5.
(c) No shipper may offer a designated hazardous material for shipment or cause a designated
hazardous material to be transported or shipped in Minnesota unless it has complied with
subdivision 7.
(d) No carrier, other than a public entity, may transport a designated hazardous material by
rail or water in Minnesota unless it has complied with subdivision 7a.
(e) No public entity may transport a hazardous material or hazardous waste by motor vehicle
in Minnesota unless it has complied with subdivision 8.
(f) A carrier registered under this section, who exclusively offers designated materials
for shipment only in vehicles controlled or operated by that carrier and who does not offer
hazardous materials to other private or for-hire carriers, is not required to register as a shipper
under subdivision 7.
    Subd. 4. Hazardous material registration and permit. (a) A carrier with its principal
place of business in Minnesota or that designates Minnesota as its base state, shall register
its hazardous material transportation with and obtain a permit from the commissioner before
transporting a hazardous material or hazardous waste in Minnesota. A carrier that designates
another participating state as its base state shall register its hazardous material transportation
with and obtain a permit from that state before transporting a hazardous material or hazardous
waste in Minnesota.
(b) A carrier who engages in the interstate transportation of a hazardous material and who is
required to register its hazardous material transportation in Minnesota shall file parts I and II of
the uniform application with the commissioner and pay an administrative processing fee of $50
and an apportioned vehicle registration fee. The amount of the apportioned vehicle registration fee
must be calculated under subdivision 6. A carrier who engages only in the intrastate transportation
of a hazardous material, excluding hazardous waste, and who is required to register its hazardous
material transportation in Minnesota shall file part I of the uniform application, pay a vehicle
registration fee of $15 for each vehicle it operates, and pay no apportioned fee.
(c) Upon a carrier's compliance with this subdivision, the commissioner shall issue a notice
of registration form and a permit to the carrier. A notice of registration form must include a
company registration number. A registration is valid for one year from the date a notice of
registration form is issued and a permit is valid for three years from the date issued or until a
carrier fails to renew its registration, whichever occurs first.
(d) A registered carrier shall maintain a copy of the notice of registration form and the permit
in each vehicle it uses to transport a hazardous material or hazardous waste.
(e) A carrier with a permit shall annually certify that its current operations are not
substantially different from its operations on the date it obtained its permit and shall recertify
its compliance with applicable laws and regulations in part II of the uniform application when it
renews its registration under this subdivision. Failure to comply with the certifications in part
II is prohibited.
    Subd. 5. Hazardous waste transporter. (a) A carrier with its principal place of business in
Minnesota or who designates Minnesota as its base state shall file a disclosure statement with and
obtain a permit from the commissioner that specifically authorizes the transportation of hazardous
waste before transporting a hazardous waste in Minnesota. A carrier that designates another
participating state as its base state shall file a disclosure statement with and obtain a permit from
that state that specifically authorizes the transportation of hazardous waste before transporting
a hazardous waste in Minnesota. A registration is valid for one year from the date a notice of
registration form is issued and a permit is valid for three years from the date issued or until a
carrier fails to renew its registration, whichever occurs first.
(b) A disclosure statement must include the information contained in part III of the uniform
application. The commissioner shall not issue a notice of registration or permit to a hazardous
waste transporter who has not made a full and accurate disclosure of the required information or
paid the fees required by this subdivision. Making a materially false or misleading statement in a
disclosure statement is prohibited.
(c) The commissioner shall assess a carrier the actual costs incurred by the commissioner
for conducting the uniform program's required investigation of the information contained in a
disclosure statement.
    Subd. 6. Apportioned vehicle registration fee calculation. (a) An apportioned vehicle
registration fee shall be equal to the percentage of Minnesota transportation multiplied by the
percentage of hazardous material transportation multiplied by the total number of vehicles the
carrier operates multiplied by a per-vehicle fee of $30.
(b) A carrier shall calculate its percentage of Minnesota transportation and its percentage of
hazardous material transportation as follows:
(1) A carrier shall determine its percentage of Minnesota transportation by dividing the
number of miles it traveled in Minnesota under the international registration plan, pursuant
to section 168.187, during the previous year, by the number of miles it traveled in the United
States and Canada under the international registration plan during the previous year. If a carrier
operated only in Minnesota, it must use 100 percent of the miles traveled as its percentage of
Minnesota transportation. If a carrier does not register its vehicles through the international
registration plan, it must calculate the number of miles traveled in the manner required under the
international registration plan. If a carrier operates more than one fleet under the international
registration plan the carrier must add all miles traveled by all vehicles in all fleets to calculate its
mileage. A Minnesota carrier who operates in an adjacent state under a reciprocal agreement with
that state must include the miles operated under the agreement as miles traveled in Minnesota in
calculating mileage under this clause.
(2) A carrier shall determine its percentage of hazardous material transportation as follows:
(i) for less-than-truckload shipments, it must divide the weight of the carrier's hazardous
material and hazardous waste shipments transported during the previous year by the total weight
of all shipments transported during the previous year; or
(ii) for truckload shipments, it must divide the number of shipments transported during the
previous year for which placarding, marking, or manifesting, was required by Code of Federal
Regulations, title 49, part 172, by the total number of all shipments transported during the
previous year.
(c) A carrier that transports both truckload and less-than-truckload shipments of hazardous
material or hazardous waste must determine its percentage of hazardous material transportation
by calculating the absolute percentage of business that is hazardous material transportation on a
proportional basis with the percentage of business that is not hazardous material transportation or
by calculating its percentage within the ranges allowed following procedures under the uniform
program.
(d) A carrier may use data from its most recent complete fiscal year or the most recent
complete calendar year in calculating the percentages required in this subdivision for
transportation conducted during the previous year.
    Subd. 7. Shipper registration. (a) A shipper who maintains a distribution, terminal,
warehouse, or other facility in Minnesota used to ship hazardous material or hazardous waste
and who is required to comply with Code of Federal Regulations, title 49, sections 107.601 to
107.620, shall file, with the commissioner, a complete and accurate copy of its current registration
statement, on the form described in Code of Federal Regulations, title 49, section 107.608, and a
copy of its current federal certificate of registration. The fee for filing a shipper registration
statement is $250. If a shipper is required to pay a fee under section 299K.095, the commissioner
shall credit the actual amount paid by the shipper during the previous 12 months toward payment
of the fee required in this subdivision, not to exceed $250 annually.
(b) Upon a shipper's compliance with this subdivision, the commissioner shall issue a
certificate of registration to the shipper. A certificate of registration must bear an effective date
and show the shipper's Minnesota hazardous material transportation registration number. A
certificate of registration is valid for one year from the date it is issued and must be kept at the
shipper's principal place of business.
(c) A shipper whose name, principal place of business, or business telephone number has
changed during the time a certificate of registration is effective, shall notify the commissioner
of the change by submitting an amended registration statement not later than 30 days after the
change. Upon receiving an amended registration statement, the commissioner shall issue an
amended certificate of registration. There is no fee for filing an amended registration statement or
for issuing an amended certificate of registration.
    Subd. 7a. Rail and water carriers. (a) A carrier of hazardous material by rail or water who
is required to comply with Code of Federal Regulations, title 49, sections 107.601 to 107.620,
shall file with the commissioner a complete and accurate copy of its current registration statement,
on the form described in Code of Federal Regulations, title 49, section 107.608, and a copy of
its current federal certificate of registration. The fee for filing the registration statement is $250.
If the carrier is required to pay a fee under section 299K.095, the commissioner shall credit the
actual amount paid by carrier during the previous 12 months toward payment of the fee required
in this subdivision, not to exceed $250 annually.
(b) Upon a carrier's compliance with this subdivision, the commissioner shall issue a
certificate of registration to the carrier. A certificate of registration must bear an effective date
and show the carrier's Minnesota hazardous material transportation registration number. A
certificate of registration is valid for one year from the date it is issued and must be kept at the
carrier's principal place of business.
(c) A carrier whose name, principal place of business, or business telephone number has
changed during the time a certificate of registration is effective, shall notify the commissioner
of the change by submitting an amended registration statement not later than 30 days after the
change. Upon receiving an amended registration statement, the commissioner shall issue an
amended certificate of registration. There is no fee for filing an amended registration statement or
for issuing an amended certificate of registration.
    Subd. 8. Public entity registration. (a) A public entity with its principal place of business
in Minnesota or that designates Minnesota as its base state, shall register its hazardous material
transportation with the commissioner before transporting a hazardous material or hazardous
waste in Minnesota. A public entity that designates another participating state as its base state
shall register its hazardous material transportation with that state before transporting a hazardous
material or hazardous waste in Minnesota.
(b) A public entity that is required to register its hazardous material transportation in
Minnesota shall file part I of the uniform application with the commissioner. There is no fee for
the registration required in this subdivision.
(c) Upon a public entity's compliance with this subdivision, the commissioner shall issue
a notice of registration form to the public entity. The notice of registration form must include
a registration number. A registration is valid for one year from the date a notice of registration
form is issued.
(d) A registered public entity shall maintain a copy of the notice of registration form in each
vehicle it uses to transport hazardous material or hazardous waste.
    Subd. 9. Application data. The following data submitted to the commissioner under
subdivisions 4 and 5 are private data, with respect to data on individuals, and nonpublic
data, with respect to data not on individuals: information contained in parts II and III of the
uniform application relating to a carrier's customers and service provided to specific customers,
financial balance sheet and income statement data, ownership and debt liability data, and
information relating to a carrier's parent companies, affiliates, and subsidiaries. For the purpose of
administering or enforcing the uniform program, the commissioner may disclose any information
classified as private data on individuals or nonpublic data by this subdivision to the United States
Department of Transportation, any other participating state or state agency, or to the national
repository established under the uniform program.
    Subd. 10. Enforcement. The commissioner may inspect or examine any motor vehicle
or facility operated by a carrier or any facility operated by a person who ships, or offers for
shipment, hazardous material or hazardous waste and may require the production of papers,
books, records, documents, or other evidentiary material necessary to determine if a carrier or
shipper is accurately reporting its hazardous material transportation operations and is otherwise
complying with this section and the uniform program. The commissioner also may conduct
investigations and audits necessary to determine if a carrier is entitled to a permit or to make
suspension or revocation determinations.
    Subd. 11. Administrative penalties. The commissioner may issue an order requiring
violations of this section to be corrected. An order may include the administrative assessment
of a monetary penalty up to a maximum of $10,000 for all violations of this section identified
during a single inspection, investigation, or audit. Section 221.036 applies to administrative
penalty orders issued under this section. Penalties collected under this section must be deposited
in the state treasury and credited to the trunk highway fund.
    Subd. 12. Suspension, revocation, and denial. (a) The commissioner may suspend or
revoke a permit issued under this section or order the suspension of the transportation of hazardous
material or hazardous waste in Minnesota by a carrier who has obtained a permit from another
participating state under the uniform program if the commissioner determines that a carrier:
(1) committed a violation of Code of Federal Regulations, title 49, parts 100 to 180, 383,
387, or 390 to 397, while engaging in hazardous materials transportation if the violation posed an
imminent hazard to the public or the environment;
(2) made a knowing falsification of a material fact in a uniform application;
(3) has received an unsatisfactory safety rating from the state or the United States Department
of Transportation; or
(4) has exhibited reckless disregard for the public and the environment.
(b) In determining if a carrier has exhibited reckless disregard for the public and the
environment in violation of paragraph (a), clause (4), the commissioner shall consider:
(1) whether the carrier has engaged in a pattern of violations of Code of Federal Regulations,
title 49, parts 100 to 180, 383, 387, or 390 to 397, or regulations governing the management of
hazardous waste, while engaging in hazardous materials transportation, when the violations
are viewed in relation to the number of truck-miles of hazardous material transportation and
the number of vehicles in the carrier's fleet;
(2) the actual or potential level of environmental damage resulting from an incident or a
violation of the federal regulations described in paragraph (a), clause (1);
(3) the response by the carrier to an incident or a violation of the federal regulations
described in paragraph (a), clause (1);
(4) the carrier's history of violations for the past three years;
(5) any mitigating factors; and
(6) other factors as justice requires, if the commissioner specifically identifies the additional
factors in the order of suspension or revocation.
(c) The commissioner may not issue a permit to a carrier if the commissioner determines that
a carrier's conduct would constitute grounds for suspension or revocation under this subdivision.
A carrier who wishes to contest a denial, suspension, or revocation is entitled to a hearing under
chapter 14.
    Subd. 13. Base state agreement. The commissioner may enter into agreements with federal
agencies, a national repository, or other participating states as necessary to allow the reciprocal
registration and permitting of carriers transporting hazardous material or hazardous waste. The
agreements may include procedures for determining a base state, the collection and distribution of
registration fees, dispute resolution, the exchange of information for reporting and enforcement
purposes, and other provisions necessary to fully implement, administer, and enforce the uniform
program.
    Subd. 14. Preemption. This section preempts and supersedes any hazardous material or
hazardous waste transportation registration or permitting program administered or enforced by
any state agency, city, county, or other political subdivision of the state.
    Subd. 15.[Repealed, 1998 c 310 s 4]
    Subd. 16. Revolving account. (a) The commissioner shall deposit in a separate account in
the trunk highway fund all federal funds received for implementing, administering, and enforcing
this section. Money in the account is appropriated to the commissioner for those purposes.
(b) The commissioner shall accept and disburse federal funds available for the purpose of
implementing, administering, and enforcing the uniform program.
    Subd. 17. Exemptions. This section does not apply to the intrastate transportation described
as follows:
(1) the transportation of hazardous material in a vehicle controlled by a farmer and operated
by a farmer or farm employee when the hazardous material is to be used on the farm to which it
is transported;
(2) the transportation of a hazardous waste jointly designated as a "special waste" by
the commissioner of transportation and the commissioner of the Minnesota Pollution Control
Agency; or
(3) transportation by fertilizer and agricultural chemical retailers while exclusively engaged
in the delivery of fertilizer and agricultural chemicals when:
(i) the delivery is from the retailer's place of business directly to a farm within a 50-mile
radius of the retailer's place of business; and
(ii) the fertilizer and agricultural chemicals are for use on the farm to which they are
delivered.
    Subd. 18. Deposit and use of fees. Fees received by the commissioner for administrative
processing and investigating information in a disclosure statement must be deposited in the state
treasury and credited to the trunk highway fund. Notwithstanding section 221.82, registration fees
collected under subdivisions 4, 5, 7, and 7a must be deposited in the state treasury, credited to
the general fund, and used to cover the costs of hazardous materials incident response capability
under sections 299A.48 to 299A.52 and 299K.095.
History: 1994 c 589 s 5,8; 1995 c 260 s 1-6; 1996 c 455 art 3 s 30,31,33; 1997 c 230 s
14,15,23; 1998 c 310 s 1-3; 2002 c 364 s 22,23