1.1                          A bill for an act 
  1.2             relating to the environment; modifying requirements 
  1.3             for toxic pollution prevention plans; amending 
  1.4             Minnesota Statutes 1996, sections 115D.03, subdivision 
  1.5             6a, and by adding a subdivision; 115D.07, subdivision 
  1.6             2; and 115D.08. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 115D.03, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 6a.  [MANAGE OR MANAGED.] "Manage" or "managed" means 
  1.11  on-site or off-site energy recovery, on-site or off-site 
  1.12  recycling, or on-site or off-site treatment. 
  1.13     Sec. 2.  Minnesota Statutes 1996, section 115D.03, 
  1.14  subdivision 6a, is amended to read: 
  1.15     Subd. 6a. 6b.  [OFFICER OF THE COMPANY.] "Officer of the 
  1.16  company" means one of the following: 
  1.17     (1) an owner or sole proprietor; 
  1.18     (2) a partner; 
  1.19     (3) for a corporation incorporated under chapter 300, the 
  1.20  president, secretary, treasurer, or other officer as provided 
  1.21  for in the corporation's bylaws or certificate of incorporation; 
  1.22     (4) for a corporation incorporated under chapter 302A, an 
  1.23  individual exercising the functions of the chief executive 
  1.24  officer or the chief financial officer under section 302A.305 or 
  1.25  another officer elected or appointed by the directors of the 
  1.26  corporation under section 302A.311; 
  2.1      (5) for a corporation incorporated outside this state, an 
  2.2   officer of the company as defined by the laws of the state in 
  2.3   which the corporation is incorporated; or 
  2.4      (6) for a limited liability company organized under chapter 
  2.5   322B, the chief manager or treasurer. 
  2.6      Sec. 3.  Minnesota Statutes 1996, section 115D.07, 
  2.7   subdivision 2, is amended to read: 
  2.8      Subd. 2.  [CONTENTS OF PLAN.] (a) Each toxic pollution 
  2.9   prevention plan must establish a program identifying the 
  2.10  specific technically and economically practicable steps that 
  2.11  could be taken during at least the three years following the 
  2.12  date the plan is due, to eliminate or reduce the generation or, 
  2.13  release, or quantity managed of toxic pollutants reported by the 
  2.14  facility.  Toxic pollutants resulting solely from research and 
  2.15  development activities need not be included in the plan.  
  2.16     (b) At a minimum, each plan must include: 
  2.17     (1) a policy statement articulating upper management 
  2.18  support for eliminating or reducing the generation or, release, 
  2.19  or quantity managed of toxic pollutants at the facility; 
  2.20     (2) a description of the current processes generating or 
  2.21  releasing toxic pollutants that specifically describes the 
  2.22  types, sources, and quantities of toxic pollutants currently 
  2.23  being generated or, released, or managed by the facility; 
  2.24     (3) a description of the current and past practices used to 
  2.25  eliminate or reduce the generation or, release, or quantity 
  2.26  managed of toxic pollutants at the facility and an evaluation of 
  2.27  the effectiveness of these practices; 
  2.28     (4) an assessment of technically and economically 
  2.29  practicable options available to eliminate or reduce the 
  2.30  generation or, release, or quantity managed of toxic pollutants 
  2.31  at the facility, including options such as changing the raw 
  2.32  materials, operating techniques, equipment and technology, 
  2.33  personnel training, and other practices used at the facility.  
  2.34  The assessment may include a cost benefit analysis of the 
  2.35  available options; 
  2.36     (5) a statement of objectives based on the assessment in 
  3.1   clause (4) and a schedule for achieving those objectives.  
  3.2   Wherever technically and economically practicable, the 
  3.3   objectives for eliminating or reducing the generation or, 
  3.4   release, or quantity managed of each toxic pollutant at the 
  3.5   facility must be expressed in numeric terms based on a specified 
  3.6   base year that is no earlier than 1987.  Otherwise, the 
  3.7   objectives must include a clearly stated list of actions 
  3.8   designed to lead to the establishment of numeric objectives as 
  3.9   soon as practicable; 
  3.10     (6) an explanation of the rationale for each objective 
  3.11  established for the facility; 
  3.12     (7) a listing of options that were considered not to be 
  3.13  economically and technically practicable; and 
  3.14     (8) a certification, signed and dated by the facility 
  3.15  manager and an officer of the company under penalty of section 
  3.16  609.63, attesting to the accuracy of the information in the plan.
  3.17     Sec. 4.  Minnesota Statutes 1996, section 115D.08, is 
  3.18  amended to read: 
  3.19     115D.08 [PROGRESS REPORTS.] 
  3.20     Subdivision 1.  [REQUIREMENT TO SUBMIT PROGRESS REPORT.] 
  3.21  (a) All persons required to prepare a toxic pollution prevention 
  3.22  plan under section 115D.07 shall submit an annual progress 
  3.23  report to the commissioner emergency response commission that 
  3.24  may be drafted in a manner that does not disclose proprietary 
  3.25  information.  Progress reports are due on October July 1 of each 
  3.26  year to the commission.  The first progress reports are due in 
  3.27  1992.  The commission shall provide copies of the progress 
  3.28  reports to the director and commissioner. 
  3.29     (b) At a minimum, each progress report must include: 
  3.30     (1) a summary of each objective established in the plan, 
  3.31  including the base year for any objective stated in numeric 
  3.32  terms, and the schedule for meeting each objective; 
  3.33     (2) if necessary, a clearly stated list of actions designed 
  3.34  to lead to the establishment of numeric objectives as soon as 
  3.35  practicable if nonnumeric objectives were used; 
  3.36     (3) a summary of progress made during the past year, if 
  4.1   any, toward meeting each objective established in the plan 
  4.2   including the quantity of each toxic pollutant eliminated or 
  4.3   reduced; 
  4.4      (3) (4) a statement of the methods through which 
  4.5   elimination or reduction has been achieved; 
  4.6      (4) (5) if necessary, an explanation of the reasons 
  4.7   objectives were not achieved during the previous year, including 
  4.8   identification of any technological, economic, or other 
  4.9   impediments the facility faced in its efforts to achieve its 
  4.10  objectives; and 
  4.11     (5) (6) a certification, signed and dated by the facility 
  4.12  manager and an officer of the company under penalty of section 
  4.13  609.63, attesting that a plan meeting the requirements of 
  4.14  section 115D.07 has been prepared and also attesting to the 
  4.15  accuracy of the information in the progress report. 
  4.16     Subd. 2.  [REVIEW OF PROGRESS REPORTS.] (a) The 
  4.17  commissioner commission shall review all progress reports to 
  4.18  determine if they meet the requirements of subdivision 1.  If 
  4.19  the commissioner commission determines that a progress report 
  4.20  does not meet the requirements, the commissioner commission 
  4.21  shall notify the facility in writing and shall identify specific 
  4.22  deficiencies and specify a reasonable time period of not less 
  4.23  than 90 days for the facility to modify the progress 
  4.24  report.  The director shall review progress reports to determine 
  4.25  facilities which are in need of pollution prevention assistance. 
  4.26     (b) The commissioner, commission, and director shall be 
  4.27  given access to a facility plan required under section 115D.07 
  4.28  if the commissioner commission determines that the progress 
  4.29  report for that facility does not meet the requirements of 
  4.30  subdivision 1.  
  4.31     (c) Twenty-five or more persons living within ten miles of 
  4.32  the facility may submit a petition to the commissioner 
  4.33  commission that identifies specific deficiencies in the progress 
  4.34  report and requests the commissioner commission to review the 
  4.35  facility plan.  Within 30 days after receipt of the petition, 
  4.36  the commissioner commission shall respond in writing.  If 
  5.1   the commissioner commission agrees that the progress report does 
  5.2   not meet requirements of subdivision 1, the commissioner, 
  5.3   commission, and director shall be given access to the facility 
  5.4   plan. 
  5.5      (c) (d) After reviewing the plan and the progress report 
  5.6   with any modifications submitted, the commissioner commission 
  5.7   shall state in writing whether the progress report meets the 
  5.8   requirements of subdivision 1.  If the commissioner commission 
  5.9   determines that a modified progress report still does not meet 
  5.10  the requirements of subdivision 1, the commissioner commission 
  5.11  shall schedule a public meeting.  The meeting shall be held in 
  5.12  the county where the facility is located.  The meeting is not 
  5.13  subject to the requirements of chapter 14. 
  5.14     (d) (e) The facility shall be given the opportunity to 
  5.15  amend the progress report within a period of not less than 30 
  5.16  days after the public meeting. 
  5.17     (e) (f) If the commissioner commission determines that a 
  5.18  modified progress report still does not meet the requirements of 
  5.19  subdivision 1, action may be taken by the commissioner under 
  5.20  section 115.071 or the commission under chapter 299K to obtain 
  5.21  compliance with sections 115D.01 to 115D.12.