2007 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.
History: 1995 c 168 s 12; 1996 c 437 s 24; 2000 c 260 s 94