2005 Minnesota Statutes

     114C.23 Review of performance schedules. 

    (a) A reasonable performance schedule prepared under 
 section 114C.22, subdivision 2, clause (4), must be approved by 
 the commissioner.  In reviewing the reasonableness of a 
 performance schedule, the commissioner shall take into account 
 information supplied by the regulated entity, any public 
 comments, and information developed by agency staff.  The 
 decision about whether a performance schedule is reasonable must 
 be based on the following factors: 

    (1) the nature of the violations; 

    (2) the environmental and public health consequences of the 
 violations; 

    (3) the economic circumstances of the facility; 

    (4) the availability of equipment and material; and 

    (5) the time needed to implement pollution prevention 
 opportunities as an alternative to pollution control approaches 
 to remedying the violations.  Information submitted to the 
 commissioner that is trade secret information, as that term is 
 defined in section 13.37, is nonpublic data under chapter 13. 

    (b) In the event of a dispute over approval of the 
 performance schedule, the regulated entity may request a hearing 
 under the procedures in Minnesota Rules, parts 1400.8510 to 
 1400.8612.  A performance schedule may be amended by written 
 agreement between the commissioner and the regulated entity. 

    HIST: 1995 c 168 s 12; 1996 c 437 s 24; 2000 c 260 s 94