Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1991, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1991
CHAPTER 347-H.F.No. 694
An act relating to the environment; establishing an
environmental enforcement account; establishing a
field citation pilot project for unauthorized disposal
of solid waste; authorizing background investigations
of environmental permit applicants; expanding current
authority to impose administrative penalties for air
and water pollution and solid waste management
violations; clarifying that certain persons who own or
have the capacity to influence operation of property
are not responsible persons under the environmental
response and liability act solely because of ownership
or the capacity to influence operation; imposing
criminal penalties for knowing violations of standards
related to hazardous air pollutants and toxic
pollutants in water; providing that certain property
is subject to forfeiture in connection with
convictions for water pollution and air pollution
violations; imposing criminal penalties for
unauthorized disposal of solid waste; authorizing
prosecution of environmental crimes by the attorney
general; providing for environmental restitution as
part of a sentence; increasing criminal penalties for
false statements on documents related to permits and
record keeping; requiring reports; appropriating
money; amending Minnesota Statutes 1990, sections
18D.331, subdivision 4; 115.071, by adding a
subdivision; 115.072; 115B.03, by adding subdivisions;
115C.05; 116.07, subdivision 4d; 116.072, subdivisions
1, 2, 6, 10, and 11; 609.531, subdivision 1; and
609.671; proposing coding for new law in Minnesota
Statutes, chapters 115 and 116.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
CIVIL ENFORCEMENT
Section 1. [CITATION.]
Articles 1 and 3 may be cited as the "environmental
enforcement act of 1991."
Sec. 2. Minnesota Statutes 1990, section 115.071, is
amended by adding a subdivision to read:
Subd. 6. [ADMINISTRATIVE PENALTIES.] A provision of law
that may be enforced under this section may also be enforced
under section 116.072.
Sec. 3. Minnesota Statutes 1990, section 115.072, is
amended to read:
115.072 [RECOVERY OF LITIGATION COSTS AND EXPENSES.]
In any action brought by the attorney general, in the name
of the state, pursuant to the provisions of this chapter and
chapter 116, for civil penalties, injunctive relief, or in an
action to compel compliance, if the state shall finally prevail,
and if the proven violation was willful, the state, in addition
to other penalties provided in this chapter, may be allowed an
amount determined by the court to be the reasonable value of all
or a part of the litigation expenses incurred by the state. In
determining the amount of such litigation expenses to be
allowed, the court shall give consideration to the economic
circumstances of the defendant.
All Amounts recovered under the provisions of this section
and section 115.071, subdivisions 3 to 5, shall be paid into the
environmental fund in the state treasury to the extent provided
in section 4.
Sec. 4. [115.073] [ENFORCEMENT FUNDING.]
Except as provided in sections 115B.20, subdivision 4,
clause (2); 115C.05; and 473.845, subdivision 8, all money
recovered by the state under this chapter and chapters 115A and
116, including civil penalties and money paid under an
agreement, stipulation, or settlement, excluding money paid for
past due fees or taxes, up to the amount appropriated for
implementation of this act, must be deposited in the state
treasury and credited to the environmental fund.
Sec. 5. [115.075] [INFORMATION AND MONITORING.]
A person may not:
(1) make a false material statement, representation, or
certification in; omit material information from; or alter,
conceal, or fail to file or maintain a notice, application,
record, report, plan, manifest, or other document required under
section 103F.701 or this chapter or chapter 115A or 116; or
(2) falsify, tamper with, render inaccurate, or fail to
install a monitoring device or method required to be maintained
or followed for the purpose of compliance with sections 103F.701
to 103F.761 or this chapter or chapter 115A or 116.
Sec. 6. [115.076] [BACKGROUND OF PERMIT APPLICANTS.]
Subdivision 1. [AUTHORITY OF COMMISSIONER.] The agency may
refuse to issue or to authorize the transfer of a hazardous
waste facility permit or a solid waste facility permit to
construct or operate a commercial waste facility as defined in
section 115A.03, subdivision 6, if the agency determines that
the permit applicant does not possess sufficient expertise and
competence to operate the facility in conformance with the
requirements of chapters 115 and 116, or if other circumstances
exist that demonstrate that the permit applicant may not operate
the facility in conformance with the requirements of chapters
115 and 116. In making this determination, the agency may
consider:
(1) the experience of the permit applicant in constructing
or operating commercial waste facilities;
(2) the expertise of the permit applicant;
(3) the past record of the permit applicant in operating
commercial waste facilities in Minnesota and other states;
(4) any criminal convictions of the permit applicant in
state or federal court during the past five years that bear on
the likelihood that the permit applicant will operate the
facility in conformance with the requirements of chapters 115
and 116; and
(5) in the case of a corporation or business entity, any
criminal convictions in state or federal court during the past
five years of any of the permit applicant's officers, partners,
or facility managers that bear on the likelihood that the
facility will be operated in conformance with the requirements
of chapters 115 and 116.
Subd. 2. [PERMIT APPLICANT.] For purposes of this section,
a permit applicant includes a natural person, a partnership and
its owners, and a corporation and its parent.
Subd. 3. [INVESTIGATION.] The commissioner may conduct an
investigation to assist in making determinations under
subdivision 1. The reasonable costs of any investigation must
be paid by the permit applicant.
Subd. 4. [NOTICE OF PERMIT DENIAL.] The agency may not
refuse to issue or transfer a permit under this section without
first providing the permit applicant with the relevant
information and with an opportunity to respond by commenting on
the information and submitting additional information regarding
the circumstances surrounding the conviction, corrective
measures to prevent recurrence, the applicant's rehabilitation,
and technical and managerial experience. In making a final
decision on the permit, the agency shall consider the permit
applicant's response prior to making a final decision on the
permit.
Subd. 5. [HEARING.] If the agency proposes to deny a
permit under this section, the permit applicant may request a
hearing under chapter 14. The permit applicant may request that
the hearing be held under Minnesota Rules, parts 1400.8510 to
1400.8612.
Sec. 7. Minnesota Statutes 1990, section 115C.05, is
amended to read:
115C.05 [CIVIL PENALTY.]
The agency may enforce section 115C.03 using the actions
and remedies authorized under section sections 115.071,
subdivision 3, and 116.072. The civil penalties recovered by
the state must be credited to the fund.
Sec. 8. Minnesota Statutes 1990, section 116.07,
subdivision 4d, is amended to read:
Subd. 4d. [PERMIT FEES.] The agency may collect permit
fees in amounts not greater than those necessary to cover the
reasonable costs of reviewing and acting upon applications for
agency permits and implementing and enforcing the conditions of
the permits pursuant to agency rules. Permit fees shall not
include the costs of litigation. The agency shall adopt rules
under section 16A.128 establishing the amounts and methods of
collection of any permit fees collected under this subdivision.
The fee schedule must reflect reasonable and routine permitting,
implementation, and enforcement costs. The agency may impose an
additional enforcement fee to be collected for a period of up to
two years to cover the reasonable costs of implementing and
enforcing the conditions of a permit under the rules of the
agency. Any money collected under this subdivision shall be
deposited in the special revenue account.
Sec. 9. Minnesota Statutes 1990, section 116.072,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY TO ISSUE PENALTY ORDERS.] The
commissioner may issue an order requiring violations to be
corrected and administratively assessing monetary penalties for
hazardous waste violations under sections 115.061 and 116.07,
and Minnesota Rules, chapter 7045 of this chapter and chapters
115, 115A, and 115D, any rules adopted under those chapters, and
any standards, limitations, or conditions established in an
agency permit; and for failure to respond to a request for
information under section 115B.17, subdivision 3. The order
must be issued as provided in this section.
Sec. 10. Minnesota Statutes 1990, section 116.072,
subdivision 2, is amended to read:
Subd. 2. [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) The
commissioner may issue an order assessing a penalty up to
$10,000 for all violations identified during an inspection or
other compliance review.
(b) In determining the amount of a penalty the commissioner
may consider:
(1) the willfulness of the violation;
(2) the gravity of the violation, including damage to
humans, animals, air, water, land, or other natural resources of
the state;
(3) the history of past violations;
(4) the number of violations;
(5) the economic benefit gained by the person by allowing
or committing the violation; and
(6) other factors as justice may require, if the
commissioner specifically identifies the additional factors in
the commissioner's order.
(c) For a violation after an initial violation, the
commissioner shall, in determining the amount of a penalty,
consider the factors in paragraph (b) and the:
(1) similarity of the most recent previous violation and
the violation to be penalized;
(2) time elapsed since the last violation;
(3) number of previous violations; and
(4) response of the person to the most recent previous
violation identified.
Sec. 11. Minnesota Statutes 1990, section 116.072,
subdivision 6, is amended to read:
Subd. 6. [EXPEDITED ADMINISTRATIVE HEARING.] (a) Within 30
days after receiving an order or within 20 days after receiving
notice that the commissioner has determined that a violation has
not been corrected or appropriate steps have not been taken, the
person subject to an order under this section may request an
expedited hearing, utilizing the procedures of Minnesota Rules,
parts 1400.8510 to 1400.8612, to review the commissioner's
action. The hearing request must specifically state the reasons
for seeking review of the order. The person to whom the order
is directed and the director commissioner are the parties to the
expedited hearing. The commissioner must notify the person to
whom the order is directed of the time and place of the hearing
at least 20 days before the hearing. The expedited hearing must
be held within 30 days after a request for hearing has been
filed with the commissioner unless the parties agree to a later
date.
(b) All written arguments must be submitted within ten days
following the close of the hearing. The hearing shall be
conducted under the conference contested case rules of the
office of administrative hearings Minnesota Rules, parts
1400.8510 to 1400.8612, as modified by this subdivision. The
office of administrative hearings may, in consultation with the
agency, adopt rules specifically applicable to cases under this
section.
(c) The administrative law judge shall issue a report
making recommendations about the commissioner's action to the
commissioner within 30 days following the close of the record.
The administrative law judge may not recommend a change in the
amount of the proposed penalty unless the administrative law
judge determines that, based on the factors in subdivision 2,
the amount of the penalty is unreasonable.
(d) If the administrative law judge makes a finding that
the hearing was requested solely for purposes of delay or that
the hearing request was frivolous, the commissioner may add to
the amount of the penalty the costs charged to the agency by the
office of administrative hearings for the hearing.
(e) If a hearing has been held, the commissioner may not
issue a final order until at least five days after receipt of
the report of the administrative law judge. The person to whom
an order is issued may, within those five days, comment to the
commissioner on the recommendations and the commissioner will
consider the comments. The final order may be appealed in the
manner provided in sections 14.63 to 14.69.
(f) If a hearing has been held and a final order issued by
the commissioner, the penalty shall be paid by 30 days after the
date the final order is received unless review of the final
order is requested under sections 14.63 to 14.69. If review is
not requested or the order is reviewed and upheld, the amount
due is the penalty, together with interest accruing from 31 days
after the original order was received at the rate established in
section 549.09.
Sec. 12. Minnesota Statutes 1990, section 116.072,
subdivision 10, is amended to read:
Subd. 10. [REVOCATION AND SUSPENSION OF PERMIT.] If a
person fails to pay a penalty owed under this section, the
agency has grounds to revoke or refuse to reissue or renew a
hazardous waste permit issued by the agency.
Sec. 13. Minnesota Statutes 1990, section 116.072,
subdivision 11, is amended to read:
Subd. 11. [CUMULATIVE REMEDY.] The authority of the agency
to issue a corrective order assessing penalties is in addition
to other remedies available under statutory or common law,
except that the state may not seek civil penalties under any
other provision of law for the violations covered by the
administrative penalty order. The payment of a penalty does not
preclude the use of other enforcement provisions, under which
penalties are not assessed, in connection with the violation for
which the penalty was assessed.
Sec. 14. [PLAN FOR USE OF ADMINISTRATIVE PENALTY ORDERS.]
The commissioner of the pollution control agency shall
prepare a plan for using the administrative penalty authority in
Minnesota Statutes, section 116.072. The commissioner shall
provide a 30-day period for public comment on the plan. The
plan must be submitted to the agency for approval by October 1,
1991.
Sec. 15. [FIELD CITATION PILOT PROJECT.]
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 Minnesota
Statutes, section 116.06, subdivision 10, at a location not
authorized by law for the disposal of solid waste without
permission of the owner of the property.
Subd. 2. [PENALTY AMOUNT.] The citation must impose the
following penalty amounts:
(1) $100 per major appliance, as defined in Minnesota
Statutes, section 115A.03, subdivision 17a, up to a maximum of
$2,000;
(2) $25 per waste tire, as defined in Minnesota Statutes,
section 115A.90, subdivision 11, unless utilized in an
agricultural pursuit, up to a maximum of $2,000;
(3) $25 per lead acid battery governed by Minnesota
Statutes, 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; and
(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 collect the
waste.
Subd. 3. [APPEALS.] Citations may be appealed under the
procedures in Minnesota Statutes, section 116.072, subdivision
6, if the person requests a hearing by notifying the
commissioner 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 Minnesota Statutes, section 116.072,
subdivisions 9 and 10.
Subd. 5. [CUMULATIVE REMEDY.] The authority of
conservation officers 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.
Subd. 6. [STUDY OF FIELD CITATION PILOT PROGRAM.] The
pollution control agency, in consultation with the department of
natural resources and the attorney general, shall prepare a
study on the effectiveness and limitations of the field citation
pilot program. The study must make recommendations about the
continued use of field citations. The study must be submitted
to the legislative commission on waste management by November
15, 1992.
Sec. 16. [STUDY OF THE ROLE OF LOCAL GOVERNMENTAL UNITS IN
ENVIRONMENTAL PROGRAMS.]
The pollution control agency shall conduct a study of the
role that local governmental units should play in enforcing the
requirements of state environmental programs within the
jurisdiction of the pollution control agency. The study must
involve representatives of the attorney general, local
governmental units, environmental organizations, and
businesses. Public meetings must be held in at least four
locations in the state prior to the completion of the study.
The study must identify which environmental programs, or parts
of programs, could be enforced by local government units;
criteria for approving local enforcement programs; resources
needed to support local enforcement programs; sources of funding
to ensure adequate resources are available; the ability of local
governmental units to enforce the laws; and the training and
testing needs of local governmental units to support
enforcement. If the study concludes that additional elements of
the state's environmental programs should be enforced by local
governmental units, the study report must include a recommended
strategy for involving local governmental units in the
enforcement of program elements. The strategy must consider
methods of maintaining consistent enforcement throughout the
state of environmental program elements that may be enforced by
local governmental units and methods of avoiding duplicative
enforcement activities. The study must be submitted to the
committees on environment and natural resources of the
legislature by October 1, 1992.
Sec. 17. [REPORT TO THE LEGISLATURE.]
The pollution control agency shall monitor the use of the
new enforcement authority provided in the 1991 legislative
session and the use of the money appropriated to the agency in
article 3, section 5, and, after consulting with the attorney
general, report the results to the committees on environment and
natural resources of the legislature by November 15, 1992. The
report must also contain recommendations on establishing a
permanent system for reporting progress in achieving compliance
with environmental laws to the legislature and to the public.
Sec. 18. [INSTRUCTION TO REVISOR.]
In Minnesota Statutes 1992 and subsequent editions, the
revisor of statutes shall, in each of the following sections,
before "115.071" delete "section" and insert "sections" and
after "115.071" insert "and 116.072":
115A.906, subdivision 2;
115A.915;
115A.916;
115A.9561;
116.07, subdivision 4i;
116.83, subdivision 2; and
473.845, subdivision 8.
Sec. 19. [REPEALER.]
Section 15 is repealed.
Sec. 20. [EFFECTIVE DATE.]
Section 19 is effective July 1, 1993.
ARTICLE 2
HAZARDOUS WASTE LIABILITY
Section 1. Minnesota Statutes 1990, section 115B.03, is
amended by adding a subdivision to read:
Subd. 6. [MORTGAGES.] (a) A mortgagee is not a responsible
person under this section solely because the mortgagee becomes
an owner of real property through foreclosure of the mortgage or
by receipt of the deed to the mortgaged property in lieu of
foreclosure.
(b) A mortgagee of real property where a facility is
located or a holder of a security interest in facility assets or
inventory is not an operator of the facility for the purpose of
this section solely because the mortgagee or holder has a
capacity to influence the operation of the facility to protect
its security interest in the real property or assets.
Sec. 2. Minnesota Statutes 1990, section 115B.03, is
amended by adding a subdivision to read:
Subd. 7. [CONTRACT FOR DEED VENDORS.] A contract for deed
vendor who is otherwise not a responsible party for a release or
a threatened release of a hazardous substance from a facility is
not a responsible person under this section solely as a result
of a termination of the contract for deed under section 559.21.
ARTICLE 3
CRIMINAL ENFORCEMENT
Section 1. Minnesota Statutes 1990, section 18D.331,
subdivision 4, is amended to read:
Subd. 4. [DISPOSAL THAT BECOMES HAZARDOUS WASTE.] A person
who knowingly, or with reason to know, disposes of an
agricultural chemical so that the product becomes in violation
of this chapter, chapter 18B or 18C, or a standard, special
order, stipulation agreement, or schedule of compliance of the
commissioner and the agricultural chemical is hazardous waste is
subject to the penalties in section 115.071 609.671, subdivision
4.
Sec. 2. [116.91] [CITIZEN REPORTS OF ENVIRONMENTAL
VIOLATIONS.]
The agency shall maintain and publicize a toll-free number
to enable citizens to report information about potential
environmental violations. The agency may establish a program to
pay awards from funds raised from private sources to persons who
provide information that leads to the conviction for an
environmental crime.
Sec. 3. Minnesota Statutes 1990, section 609.531,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purpose of sections
609.531 to 609.5317, the following terms have the meanings given
them.
(a) "Conveyance device" means a device used for
transportation and includes, but is not limited to, a motor
vehicle, trailer, snowmobile, airplane, and vessel and any
equipment attached to it. The term "conveyance device" does not
include property which is, in fact, itself stolen or taken in
violation of the law.
(b) "Weapon used" means a weapon used in the furtherance of
a crime and defined as a dangerous weapon under section 609.02,
subdivision 6.
(c) "Property" means property as defined in section 609.52,
subdivision 1, clause (1).
(d) "Contraband" means property which is illegal to possess
under Minnesota law.
(e) "Appropriate agency" means the bureau of criminal
apprehension, the Minnesota state patrol, a county sheriff's
department, the suburban Hennepin regional park district park
rangers, or a city or airport police department.
(f) "Designated offense" includes:
(1) for weapons used: any violation of this chapter;
(2) for all other purposes: a felony violation of, or a
felony-level attempt or conspiracy to violate, section 609.185;
609.19; 609.195; 609.21; 609.221; 609.222; 609.223; 609.2231;
609.24; 609.245; 609.25; 609.255; 609.322; 609.342, subdivision
1, clauses (a) to (f); 609.343, subdivision 1, clauses (a) to
(f); 609.344, subdivision 1, clauses (a) to (e), and (h) to (j);
609.345, subdivision 1, clauses (a) to (e), and (h) to (j);
609.42; 609.425; 609.466; 609.485; 609.487; 609.52; 609.525;
609.53; 609.54; 609.551; 609.561; 609.562; 609.563; 609.582;
609.59; 609.595; 609.631; 609.671, subdivisions 3, 4, and 5, 8,
and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89;
237.73; 617.246; or a gross misdemeanor or felony violation of
section 609.891.
(g) "Controlled substance" has the meaning given in section
152.01, subdivision 4.
Sec. 4. Minnesota Statutes 1990, section 609.671, is
amended to read:
609.671 [ENVIRONMENT; CRIMINAL PENALTIES.]
Subdivision 1. [DEFINITIONS.] The definitions in this
subdivision apply to this section.
(a) "Agency" means the pollution control agency.
(b) "Deliver" or "delivery" means the transfer of
possession of hazardous waste, with or without consideration.
(c) "Dispose" or "disposal" has the meaning given it in
section 115A.03, subdivision 9.
(d) "Hazardous air pollutant" means an air pollutant listed
under United States Code, title 42, section 7412(b).
(e) "Hazardous waste" means any waste identified as
hazardous under the authority of section 116.07, subdivision 4,
except for those wastes exempted under Minnesota Rules, part
7045.0120, wastes generated under Minnesota Rules, part
7045.0213 or 7045.0304, and household appliances.
(e) (f) "Permit" means a permit issued by the pollution
control agency or interim status for a treatment, storage, or
disposal facility under chapter 115 or 116 or the rules
promulgated under those chapters including interim status for
hazardous waste that qualifies under the agency rules facilities.
(g) "Solid waste" has the meaning given in section 116.06,
subdivision 10.
(h) "Toxic pollutant" means a toxic pollutant on the list
established under United States Code, title 33, section 1317.
Subd. 2. [PROOF OF KNOWING STATE OF MIND DEFINITION OF
KNOWING.] (a) Knowledge possessed by a person other than the
defendant but not by the defendant may not be attributed to the
defendant. In proving a defendant's actual knowledge,
circumstantial evidence may be used, including evidence that the
defendant took affirmative steps to shield the defendant from
relevant information.
(b) Proof of a defendant's reason to know may not consist
solely of the fact that the defendant held a certain job or
position of management responsibility. If evidence of the
defendant's job or position is offered, it must be corroborated
by evidence of defendant's reason to know. Corroborating
evidence must include evidence that the defendant had
information regarding the offense for which the defendant is
charged, that the information pertained to hazardous waste
management practices directly under the defendant's control or
within the defendant's supervisory responsibilities, and that
the information would cause a reasonable and prudent person in
the defendant's position to learn the actual facts (a) For
purposes of this section, an act is committed knowingly if it is
done voluntarily and is not the result of negligence, mistake,
accident, or circumstances that are beyond the control of the
defendant. Whether an act was knowing may be inferred from the
person's conduct, from the person's familiarity with the subject
matter in question, or from all of the facts and circumstances
connected with the case. Knowledge may also be established by
evidence that the person took affirmative steps to shield the
person from relevant information. Proof of knowledge does not
require that a person knew a particular act or failure to act
was a violation of law or that the person had specific knowledge
of the regulatory limits or testing procedures involved in a
case.
(b) Knowledge of a corporate official may be established
under paragraph (a) or by proof that the person is a responsible
corporate official. To prove that a person is a responsible
corporate official, it must be shown that:
(1) the person is an official of the corporation, not
merely an employee;
(2) the person has direct control of or supervisory
responsibility for the activities related to the alleged
violation, but not solely that the person held a certain job or
position in a corporation; and
(3) the person had information regarding the offense for
which the defendant is charged that would lead a reasonable and
prudent person in the defendant's position to learn the actual
facts.
(c) Knowledge of a corporation may be established by
showing that an illegal act was performed by an agent acting on
behalf of the corporation within the scope of employment and in
furtherance of the corporation's business interest, unless a
high managerial person with direct supervisory authority over
the agent demonstrated due diligence to prevent the crime's
commission.
Subd. 3. [HAZARDOUS WASTE; KNOWING ENDANGERMENT.] (a) A
person is guilty of a felony if the person:
(1) knowingly, or with reason to know, transports, treats,
stores, or disposes of hazardous waste in violation of commits
an act described in subdivision 4 or, 5, 8, paragraph (a), or
12; and
(2) at the time of the violation knowingly places, or has
reason to know that the person's conduct places, another person
in imminent danger of death, great bodily harm, or substantial
bodily harm.
(b) A person convicted under this subdivision may be
sentenced to imprisonment for not more than ten years, or to pay
payment of a fine of not more than $100,000, or both, except
that a defendant that is an organization may be sentenced to pay
payment of a fine of not more than $1,000,000.
Subd. 4. [HAZARDOUS WASTE; UNLAWFUL DISPOSAL OR
ABANDONMENT.] A person who knowingly, or with reason to know,
disposes of or abandons hazardous waste or arranges for the
disposal of hazardous waste at a location other than one
authorized by the pollution control agency or the United States
Environmental Protection Agency, or in violation of any material
term or condition of a hazardous waste facility permit, is
guilty of a felony and may be sentenced to imprisonment for not
more than five years or to pay payment of a fine of not more
than $50,000, or both.
Subd. 5. [HAZARDOUS WASTE; UNLAWFUL TREATMENT, STORAGE,
TRANSPORTATION, OR DELIVERY; FALSE STATEMENTS.] (a) A person is
guilty of a felony who knowingly, or with reason to know, does
any of the following:
(1) delivers hazardous waste to any person other than a
person who is authorized to receive the waste under rules
adopted under section 116.07, subdivision 4, or under United
States Code, title 42, sections 9601 6921 to 9675 6938;
(2) treats or stores hazardous waste without a permit if a
permit is required, or in violation of a material term or
condition of a permit held by the person, unless:
(i) the person notifies the agency prior to the time a
permit would be required that the person will be treating or
storing waste without a permit; or
(ii) for a violation of a material term or condition of a
permit, the person immediately notifies the agency issuing the
permit of the circumstances of the violation as soon as the
person becomes aware of the violation;
(3) transports hazardous waste to any location other than a
facility that is authorized to receive, treat, store, or dispose
of the hazardous waste under rules adopted under section 116.07,
subdivision 4, or under United States Code, title 42, sections
9601 6921 to 9675 6938;
(4) transports hazardous waste without a manifest as
required by the rules under sections 116.07, subdivision 4, and
221.172; or
(5) transports hazardous waste without a license required
for the transportation of hazardous waste by chapter 221;
(6) makes a false material statement or representation, or
a material omission, in an application for a permit or license
required by chapter 116 or 221 to treat, transport, store, or
dispose of hazardous waste; or
(7) makes a false material statement or representation, or
a material omission, in or on a label, manifest, record, report,
or other document filed, maintained, or used for the purpose of
compliance with chapter 116 or 221 in connection with the
generation, transportation, disposal, treatment, or storage of
hazardous waste.
(b) A person convicted under this subdivision may be
sentenced to imprisonment for not more than three years, or to
pay payment of a fine of not more than $25,000, or both. A
person convicted for a second or subsequent offense may be
sentenced to imprisonment for not more than five years, or
to pay payment of a fine of not more than $50,000, or both.
Subd. 6. [NEGLIGENT VIOLATION AS GROSS MISDEMEANOR.] A
person who commits any of the acts set forth in subdivision
4 or, 5, or 12 as a result of the person's gross negligence is
guilty of a gross misdemeanor and may be sentenced to
imprisonment for not more than one year, or to pay payment of a
fine of not more than $15,000, or both.
Subd. 7. [AGGREGATION PROSECUTION.] When two or more
offenses in violation of subdivision 4 this section are
committed by the same person in two or more counties within a
two-year period, the offenses may be aggregated and the accused
may be prosecuted in any county in which one of the offenses was
committed.
Subd. 8. [WATER POLLUTION.] (a) A person is guilty of a
felony who knowingly:
(1) causes the violation of an effluent standard or
limitation for a toxic pollutant in a national pollutant
discharge elimination system permit or state disposal system
permit;
(2) introduces into a sewer system or into a publicly owned
treatment works a hazardous substance that the person knew or
reasonably should have known is likely to cause personal injury
or property damage; or
(3) except in compliance with all applicable federal,
state, and local requirements and permits, introduces into a
sewer system or into a publicly owned treatment works a
hazardous substance that causes the treatment works to violate
an effluent limitation or condition of the treatment works'
national pollutant discharge elimination system permit.
(b) For purposes of paragraph (a), "hazardous substance"
means a substance on the list established under United States
Code, title 33, section 1321(b).
(c) A person convicted under paragraph (a) may be sentenced
to imprisonment for not more than three years, or to payment of
a fine of not more than $50,000 per day of violation, or both.
(d) A person is guilty of a gross misdemeanor crime who
willfully commits any of the following acts knowingly:
(1) violates any effluent standard or limitation, or any
water quality standard adopted by the agency;
(2) violates any material term or condition of a national
pollutant discharge elimination system permit or any term or
condition of the state disposal system permit;
(3) fails to permit or carry out any recording, reporting,
monitoring, sampling, or information entry, access, copying, or
other inspection or investigation gathering requirement provided
for under chapter 115 or, with respect to pollution of the
waters of the state, chapter 116; or
(4) fails to comply with any file a discharge monitoring
report or other document required for compliance with a national
pollutant discharge elimination system filing requirement or
state disposal system permit.
(b) (e) A person convicted under this subdivision paragraph
(d) may be sentenced to imprisonment for not more than one year,
or to pay payment of a fine of not less than $2,500 and not more
than $40,000 $25,000 per day of violation, or both. A person
convicted for a second or subsequent offense may be sentenced to
imprisonment for not more than two years, or to pay payment of a
fine of not more than $50,000 per day of violation, or both.
Subd. 9. [INFORMATION AND MONITORING FALSE STATEMENTS;
TAMPERING.] (a) Except as provided in subdivision 5, paragraph
(a), clauses (6) and (7), A person is guilty of a gross
misdemeanor felony who knowingly:
(1) makes any material false material statement,
representation, or certification in any; omits material
information from; or alters, conceals, or fails to file or
maintain a notice, application, record, report, plan, manifest,
permit, license, or other document filed, maintained, or used
for the purpose of compliance with required under sections
103F.701 to 103F.761, or; chapter 115 or, with respect to
pollution of the waters of the state, chapter 116; or the
hazardous waste transportation requirements of chapter 221; or
(2) falsifies, tampers with, or renders inaccurate, or
fails to install any monitoring device or method required to be
maintained or used followed for the purpose of compliance with
sections 103F.701 to 103F.761, or chapter 115 or, with respect
to pollution of the waters of the state, chapter 116.
(b) A person convicted under this subdivision may be
sentenced to imprisonment for not more than six months two
years, or to pay payment of a fine of not more than $20,000 per
day of violation $10,000, or both.
Subd. 10. [FAILURE TO REPORT A RELEASE OF A HAZARDOUS
SUBSTANCE OR AN EXTREMELY HAZARDOUS SUBSTANCE.] (a) A person is,
upon conviction, subject to a fine of up to $25,000 or
imprisonment for up to two years, or both, who:
(1) is required to report the release of a hazardous
substance under United States Code, title 42, section 9603, or
the release of an extremely hazardous substance under United
States Code, title 42, section 11004;
(2) knows or has reason to know that a hazardous substance
or an extremely hazardous substance has been released; and
(3) fails to provide immediate notification of the release
of a reportable quantity of a hazardous substance or an
extremely hazardous substance to the state emergency response
center, or a firefighting or law enforcement organization.
(b) For a second or subsequent conviction under this
subdivision, the violator is subject to a fine of up to $50,000
or imprisonment for not more than five years, or both.
(c) For purposes of this subdivision, a "hazardous
substance" means a substance on the list established under
United States Code, title 42, section 9602.
(d) For purposes of this subdivision, an "extremely
hazardous substance" means a substance on the list established
under United States Code, title 42, section 11002.
(e) For purposes of this subdivision, a "reportable
quantity" means a quantity that must be reported under United
States Code, title 42, section 9602 or 11002.
Subd. 11. [INFECTIOUS WASTE.] A person who knowingly, or
with reason to know, disposes of or arranges for the disposal of
infectious waste as defined in section 116.76 at a location or
in a manner that is prohibited by section 116.78 is guilty of a
gross misdemeanor and may be sentenced to imprisonment for not
more than one year, or to payment of a fine of not more than
$10,000, or both. A person convicted a second or subsequent
time under this subdivision is guilty of a felony and may be
sentenced to imprisonment for not more than two years, or to
payment of a fine of not more than $25,000, or both.
Subd. 12. [AIR POLLUTION.] (a) A person is guilty of a
felony who knowingly:
(1) causes a violation of a national emission standard for
a hazardous air pollutant adopted under United States Code,
title 42, section 7412; or
(2) causes a violation of an emission standard, limitation,
or operational limitation for a hazardous air pollutant
established in a permit issued by the pollution control agency.
(b) A person convicted under this subdivision may be
sentenced to imprisonment for not more than three years, or to
payment of a fine of not more than $50,000 per day of violation,
or both.
Subd. 13. [SOLID WASTE DISPOSAL.] (a) A person is guilty
of a gross misdemeanor who:
(1) knowingly disposes of solid waste at, transports solid
waste to, or arranges for disposal of solid waste at a location
that does not have a required permit for the disposal of solid
waste; and
(2) does so in exchange for or in expectation of money or
other consideration.
(b) A person convicted under this subdivision may be
sentenced to imprisonment for not more than one year, or to
payment of a fine of not more than $15,000, or both.
Subd. 14. [DEFENSE.] Except for intentional violations, a
person is not guilty of a crime for air quality violations under
subdivision 6 or 12, or for water quality violations under
subdivision 8, if the person notified the pollution control
agency of the violation as soon as the person discovered the
violation and took steps to promptly remedy the violation.
Sec. 5. [APPROPRIATIONS.]
Subdivision 1. [POLLUTION CONTROL AGENCY.] (a) $890,000 is
appropriated from the environmental fund to the pollution
control agency for administration of articles 1 and 2. $460,000
is for fiscal year 1992 and $430,000 is for fiscal year 1993.
(b) $238,000 is appropriated from the environmental fund to
the attorney general for costs incurred under articles 1 and 2.
$119,000 is for fiscal year 1992 and $119,000 is for fiscal year
1993.
Subd. 2. [DEPARTMENT OF NATURAL RESOURCES.] $200,000 is
appropriated from the environmental fund to the commissioner of
natural resources for implementation of the field citation pilot
project under article 1, section 15. $100,000 is for fiscal
year 1992 and $100,000 is for fiscal year 1993.
Sec. 6. [EFFECTIVE DATE.]
Sections 1, 3, and 4 are effective August 1, 1991, and
apply to crimes committed on or after that date.
Presented to the governor May 31, 1991
Signed by the governor June 4, 1991, 8:34 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes