piers109uk/MN-Statutes huggingface dataset:
115A.1447 PRODUCER RESPONSIBILITY ORGANIZATION RESPONSIBILITIES.
A producer responsibility organization must:
(1) register with the commissioner, as required under section 115A.1443;
(2) submit a stewardship plan to the commissioner by October 1, 2028, and every five years thereafter, as required under section 115A.1451;
(3) implement stewardship plans approved by the commissioner under section 115A.1451;
(4) forward upon receipt from the commissioner the lists established under section 115A.1453 to all service providers that participate in a stewardship plan administered by the producer responsibility organization;
(5) collect producer fees as required under section 115A.1454;
(6) submit the reports required under section 115A.1456;
(7) ensure that producers operating under a stewardship plan administered by the producer responsibility organization comply with the requirements of the stewardship plan and with sections 115A.144 to 115A.1463;
(8) expel a producer from the producer responsibility organization if efforts to return the producer to compliance with the plan or with the requirements of sections 115A.144 to 115A.1463 are unsuccessful;
(9) notify the commissioner when a producer has been expelled;
(10) consider and respond in writing to comments received from the advisory board, including justifications for not incorporating board recommendations;
(11) provide producers with information regarding state and federal laws that prohibit substances in covered materials, including sections 115A.965, 116.943, 325F.075, 325F.172 to 325F.179, and all laws prohibiting toxic substances in covered materials;
(12) maintain a website under section 115A.1457;
(13) notify the commissioner within 30 days of a change made to the contact information for a person responsible for implementing the stewardship plan, to board membership, or to the executive director;
(14) assist service providers to identify and use responsible markets;
(15) reimburse service providers in a timely manner using applicable reimbursement rates; and
(16) comply with all other applicable requirements of sections 115A.144 to 115A.1463.
115A.1449 SERVICE PROVIDER RESPONSIBILITIES.
A service provider receiving reimbursement or funding under an approved stewardship plan must:
(1) provide covered services for covered materials included on the lists established under section 115A.1453, covered services for a refill system, or covered services for reusable covered materials, as applicable to the services offered by and service area of the service provider;
(2) register with the commissioner under section 115A.1443;
(3) submit invoices to the producer responsibility organization for reimbursement for services rendered as provided in sections 115A.1451 and 115A.1455;
(4) meet performance standards established in an approved stewardship plan under section 115A.1451;
(5) ensure that covered materials are sent to responsible markets;
(6) provide documentation to the producer responsibility organization on the amounts, covered materials types, and volumes of covered materials by covered service method;
(7) display the service provider's price, minus the reimbursement from the producer responsibility organization as determined in section 115A.1455, subdivision 4, when invoicing customers. The balance is what the service provider may charge the customer; and
(8) comply with all other applicable requirements of sections 115A.144 to 115A.1463.
115B.402 ILLEGAL ACTIONS AT QUALIFIED FACILITIES.
The commissioner may recover under section 115B.17, subdivision 6, that portion of the costs of response actions at any qualified facility attributable to a person who otherwise would be responsible for the release or threatened release under section 115B.03, and whose actions related to the release or threatened release were in violation of federal or state hazardous waste management laws in effect at the time of those actions. The commissioner's determination of the portion of the costs of a response action attributable to a person under this section, based on the volume and toxicity of waste in the facility associated with the person and other factors reasonably related to the contribution of the person to a release or threatened release, is prima facie evidence that those costs are attributable to the person.
116.195 BENEFICIAL USE OF WASTEWATER AND STORMWATER; CAPITAL GRANTS FOR DEMONSTRATION PROJECTS.
(a) For the purposes of this section, the following terms have the meanings given them.
(b) "Agency" means the Pollution Control Agency.
(c) "Beneficial use of wastewater or stormwater" means:
(1) use of the effluent from a wastewater treatment plant that replaces use of groundwater; or
(2) use of stormwater that replaces the use of groundwater.
(d) "Capital project" means the acquisition or betterment of public land, buildings, and other public improvements of a capital nature for the treatment of wastewater intended for beneficial use or for the use of stormwater to replace groundwater use. Capital project includes projects to retrofit, expand, or construct new treatment facilities.
The agency shall make grant awards to political subdivisions for up to 50 percent of the costs to predesign and design capital projects that demonstrate the beneficial use of wastewater or stormwater. The grant agreement must provide that the predesign and design work being funded is public information and available to anyone without charge. The agency must make the predesign and design work available on its website.
(a) The agency shall make grant awards to political subdivisions for up to 50 percent of the costs to acquire, construct, install, furnish, and equip capital projects that demonstrate the beneficial use of wastewater or stormwater. The political subdivision must submit design plans and specifications to the agency as part of the application.
(b) The agency must consult with the Public Facilities Authority and the commissioner of natural resources in reviewing and ranking applications for grants under this section.
(c) The application must identify the uses of the treated wastewater or stormwater and greater weight will be given to applications that include a binding commitment to participate by the user or users.
(d) The agency must give preference to projects that will reduce use of the greatest volume of groundwater from aquifers with the slowest rate of recharge.
The agency shall develop an application form and procedures.
[Repealed, 2014 c 248 s 19]
115B.403 ACCEPTING DUMP MATERIALS TO AUGMENT CLOSURE OR CLOSURE UPGRADE ACTIVITIES AT QUALIFIED FACILITIES.
(a) The commissioner may allow dump materials at qualified facilities from sites that have been in public ownership on or after January 1, 1998, provided that the commissioner finds that:
(1) accepting the dump materials will not significantly increase the potential environmental impacts of the qualified facility;
(2) accepting the dump materials will benefit the qualified facility by improving final slopes, or in some other tangible manner, and the materials will be provided to the qualified facility according to a schedule consistent with closure or closure upgrade activities at the qualified facility;
(3) the owner of the site where the dump materials were disposed complies with the requirements of paragraph (b) and agrees to:
(i) pay any costs of screening and inspection needed at point of excavation or point of deposit to ensure that unacceptable materials are not delivered to the qualified facility;
(ii) secure any permissions necessary from the owner of the property containing the qualified facility;
(iii) transport the dump materials to the qualified facility according to a process and schedule acceptable to the commissioner and, at owner's cost, pay all transportation costs related to the activity; and
(iv) complete cleanup, final grading, seeding, and other related activities for the area where the dump existed.
(b) In order to qualify for consideration for disposal of dump materials at qualified facilities, the owner of the site where the dump materials were disposed shall notify the commissioner, in writing, at least six months before closure activity at the qualified facility indicating the owner's desire to dispose of the dump material at the qualified facility in order to allow adequate time for construction planning and public information activities. The commissioner shall consider requests based on the schedule of closure and closure upgrade activities at qualified facilities. The commissioner shall require the owner of the site to submit, at the owner's expense, physical and chemical evaluation data regarding the dump material including any necessary coring, excavation, or other sampling data at least six months before closure construction to assist the commissioner in making the determination whether or not to accept the material.
(c) The commissioner may reject any and all requests to dispose of dump materials at qualified facilities.
(d) Nothing in this section shall be construed as allowing unpermitted disposal facilities to be included as qualified facilities in the closed landfill program.
116.202 COAL TAR SEALANT; USE AND SALE PROHIBITED.
The following terms have the meanings given.
(a) "Coal tar sealant product" means a surface applied sealing product containing coal tar, coal tar pitch, coal tar pitch volatiles, or any variation assigned the Chemical Abstracts Service (CAS) number 65996-93-2, 65996-89-6, or 8007-45-2.
(b) "Commissioner" means the commissioner of the Pollution Control Agency.
Except as provided in subdivision 4, a person shall not apply coal tar sealant products on asphalt-paved surfaces.
Except as provided in subdivision 4, a person shall not sell a coal tar sealant product that is formulated or marketed for application on asphalt-paved surfaces.
(a) The commissioner may exempt a person from this section if the commissioner determines that one or both of the following apply:
(1) the person is researching the effects of a coal tar sealant product on the environment; or
(2) the person is developing an alternative technology and the use of a coal tar sealant product is required for research or development.
(b) A request for exemption must be made to the commissioner in writing, including an explanation of why the exemption is needed for research or the development of an alternative technology.
Local units of government may adopt by reference and enforce the provisions of this section. The commissioner may provide technical support to local units of government for compliance and enforcement of this section. The commissioner may respond to compliance and enforcement cases transcending jurisdictional boundaries, cases requiring statewide corrective actions, or requests for assistance or referral from local units of government.
115A.1454 PRODUCER FEES.
A producer responsibility organization must annually collect a fee from each member producer that must:
(1) vary based on the total amount of covered materials each producer introduces in the prior year calculated on a per-unit basis, such as per ton, per item, or another unit of measurement;
(2) reflect the program costs for each covered materials type, net of commodity value for that covered materials type, as well as allocated fixed costs that do not vary based on covered materials type;
(3) incentivize using materials and design attributes that reduce the environmental impacts and human health impacts of covered materials by:
(i) eliminating intentionally added toxic substances in covered materials;
(ii) reducing the amount of:
(A) packaging per individual covered material that is necessary to efficiently deliver a product without damage or spoilage and without reducing its ability to be recycled; and
(B) paper used to manufacture individual paper products;
(iii) increasing the amount of covered materials managed in a reuse system;
(iv) increasing the proportion of postconsumer material in covered materials;
(v) enhancing the recyclability or compostability of a covered material; and
(vi) increasing the amount of inputs derived from renewable and sustainable sources;
(4) discourage using materials and design attributes in covered materials whose environmental impacts and human health impacts can be reduced by the methods listed under clause (3);
(5) prioritize reuse by charging covered materials that are managed through a reuse system only once, upon initial entry into the marketplace; and
(6) generate revenue sufficient to pay in full:
(i) the fee required under section 115A.1443;
(ii) financial obligations to complete activities described in an approved stewardship plan and to reimburse service providers under section 115A.1455;
(iii) the operating costs of the producer responsibility organization; and
(iv) for establishment and maintenance of a financial reserve that is sufficient to operate the program in a fiscally prudent and responsible manner.
Revenue collected under this section that exceeds the amount needed to pay the costs described in subdivision 1, clause (6), must be used to improve or enhance program outcomes or to reduce producer fees according to provisions of an approved stewardship plan.
Fees collected under this section may not be used for lobbying, as defined in section 3.084, subdivision 1.
116.2021 STATE SALT PURCHASE REPORT AND REDUCTION GOAL.
For the purposes of this section, "deicing salt" refers to salt in its solid form used to melt snow and ice, excluding salt used on roads managed by the Department of Transportation.
By February 1, 2025, and every year thereafter, the commissioner of the Pollution Control Agency, in cooperation with other state agencies, must submit a report to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over environment and natural resources policy and finance that details the purchase of deicing salt by state agencies, excluding the Department of Transportation, and strategies to meet the salt reduction goal established in subdivision 3.
It is the goal of the state that no later than January 1, 2030, state agencies will reduce the purchase of deicing salt by 25 percent from the level first reported under subdivision 2.
This section expires January 1, 2030.
116.2022 STATE NITROGEN FERTILIZER PURCHASE REPORT AND REDUCTION GOAL.
By February 1, 2025, and every year thereafter, the commissioner of the Pollution Control Agency, in cooperation with other state agencies, must submit a report to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over environment and natural resources policy and finance that details the purchase of nitrogen fertilizer by state agencies and strategies to meet the nitrogen fertilizer reduction goal established in subdivision 2.
It is the goal of the state that no later than January 1, 2030, state agencies will reduce the purchase of nitrogen fertilizer by 25 percent from the level first reported under subdivision 1.
This section expires January 1, 2030.
115B.408 DEPOSITING PROCEEDS.
All amounts paid to the state under sections 115B.406 and 115B.407 must be deposited in the state treasury and credited to the remediation fund.
115A.1457 PRODUCER RESPONSIBILITY ORGANIZATION WEBSITES.
A producer responsibility organization must maintain a website that uses best practices for accessibility and contains, at a minimum:
(1) information regarding a process that members of the public can use to contact the producer responsibility organization with questions;
(2) a directory of all service providers operating under the stewardship plan administered by the producer responsibility organization, grouped by location or political subdivision, and information about how to request service;
(3) registration materials submitted to the commissioner under section 115A.1443;
(4) the draft and approved stewardship plan and any draft and approved amendments;
(5) information on how to manage materials included in lists established under section 115A.1453;
(6) the list of exempt materials as defined in sections 115A.144 to 115A.1463 and covered materials exempt from performance targets and statewide requirements as approved in the stewardship plan;
(7) current and all past needs assessments;
(8) annual reports submitted to the commissioner by the producer responsibility organization;
(9) a link to administrative rules implementing sections 115A.144 to 115A.1463;
(10) comments of the advisory board on the documents listed in clauses (4) and (7) and the responses of the producer responsibility organization to those comments;
(11) the names of producers and brands that are not in compliance with section 115A.1448;
(12) a list, updated at least monthly, of all member producers that will operate under the stewardship plan administered by the producer responsibility organization and, for each producer, a list of all brands of the producer's covered materials; and
(13) education materials on waste reduction, reuse, recycling, and composting for producers and the general public.
116.21 NUTRIENTS IN CLEANING AGENTS AND WATER CONDITIONERS; CONTROL; STATEMENT OF POLICY.
The legislature seeks to encourage the Minnesota Pollution Control Agency through the passage of sections 116.21 to 116.35, to set standards limiting the amount of nutrients in various cleaning agents and water conditioning agents. The legislature realizes that the nutrients contained in many of these products serve a valuable purpose in increasing their overall effectiveness, but we are also aware that they overstimulate the growth of aquatic life and eventually lead to an acceleration of the natural eutrophication process of our state's waters. Limitations imposed under sections 116.21 to 116.35 should, however, be made taking the following factors into consideration:
(1) the availability of safe, nonpolluting, and effective substitutes;
(2) the difference in the mineral content of water in various parts of the state; and
(3) the differing needs of industrial, commercial and household users of cleaning agents and chemical water conditioners.
115A.1458 ANTICOMPETITIVE CONDUCT.
A producer responsibility organization that arranges collection, recycling, composting, waste reduction, or reuse services under sections 115A.144 to 115A.1463 may engage in anticompetitive conduct to the extent necessary to plan and implement collection, recycling, composting, waste reduction, or reuse systems to meet the obligations under sections 115A.144 to 115A.1463, and is immune from liability under state laws relating to antitrust, restraint of trade, and unfair trade practices.
116.22 DEFINITIONS.
For purposes of sections 116.21 to 116.35, the terms defined in this section shall have the meanings given them.
MS 1990 [Renumbered subd 3]
"Chemical water conditioner" means a water softening chemical, antiscale chemical, corrosion inhibitor or other substance intended to be used to treat water.
MS 1990 [Renumbered subd 4]
"Cleaning agent" means a laundry detergent, dishwashing compound, household cleaner, metal cleaner, degreasing compound, commercial cleaner, industrial cleaner, phosphate compound or other substance intended to be used for cleaning purposes.
MS 1990 [Renumbered subd 2]
"Nutrient" means a substance or combination of substances which, if added to waters in sufficient quantities, provides nourishment that promotes growth of aquatic vegetation in densities which:
(1) interfere with use of the waters by humans or by any animal, fish or plant useful to humans; or
(2) contribute to degradation or alteration of the quality of the waters to an extent detrimental to their use by humans or by any animal, fish or plant that is useful to humans.
115A.1459 RULEMAKING.
The commissioner may adopt rules to implement sections 115A.144 to 115A.1463. The 18-month time limit under section 14.125 does not apply to the commissioner's rulemaking authority under this section.
116.23 PROHIBITION AND RESTRICTIONS.
No person shall manufacture for use or sale in Minnesota or import into Minnesota for resale any cleaning agent or chemical water conditioner which contains a prescribed nutrient in a concentration that is greater than the prescribed maximum permissible concentration of that nutrient in that cleaning agent or chemical water conditioner.
No person shall sell, distribute, offer, or expose for sale at retail any household dishwasher detergent that contains more than 0.5 percent phosphorus by weight. This subdivision does not apply to the sale or distribution of detergents for commercial or institutional dishwashing purposes.
115B.414 THIRD-PARTY CLAIMS; MEDIATION; DEFENSE.
For the purposes of this section, "third-party claims" means claims made against mixed municipal solid waste generators by a responsible person or group of responsible persons under state or federal law for payment of response costs and related costs at a qualified facility, when the claimant or claimants do not produce evidence, other than statistical or circumstantial evidence, that the persons against whom the claims are made ever arranged for disposal or transported for disposal mixed municipal solid waste containing a hazardous substance or pollutant or contaminant to the facility.
A third-party claim or group of third-party claims that all arise from the same facility may be submitted to the Minnesota Office of Dispute Resolution for mediation under the Minnesota Civil Mediation Act, sections 572.31 to 572.40. The costs of mediation must be allocated equally between the person or persons against whom the claims are made and the person or persons making the claims.
A person or persons against whom one or more third-party claims are made may seek reimbursement from the commissioner of one-half of the costs of mediation allocated to the person or persons under subdivision 2. The commissioner shall reimburse the person or persons that request reimbursement unless the commissioner finds that the mediation was not entered into and conducted in good faith by the person or persons seeking reimbursement.
If a person or persons against whom one or more third-party claims are made request the person or persons making the claims to submit the claims to mediation and the claimants refuse to submit to mediation or if the person or persons against whom third-party claims are made enter into and conduct the mediation in good faith but the mediation fails to resolve the claims, the person or persons, in cooperation with other persons against whom third-party claims have been made that arise from the same facility, may retain legal counsel to defend them against the claims and may seek partial reimbursement from the commissioner for reasonable attorney fees. The commissioner shall provide partial reimbursement for reasonable attorney fees under this subdivision of $75 per hour for a maximum number of hours to be established by the commissioner by rule. The maximum number of hours for reimbursement must increase as the number of persons who collectively retain legal counsel to defend against related claims increases but need not increase proportionately to the increase in the number of persons seeking collective defense. Under no circumstances may a person or group of persons receive reimbursement of more than 75 percent of their reasonable attorney fees under this subdivision.
116.24 RULES.
The Pollution Control Agency may make rules:
(1) prescribing for the purpose of section 116.23 nutrients and the maximum permissible concentration if any, of a prescribed nutrient in any cleaning agent or chemical water conditioner;
(2) respecting the manner in which the concentration of any prescribed nutrient in a cleaning agent or chemical water conditioner shall be determined; and
(3) requiring persons who manufacture in Minnesota any cleaning agent or chemical water conditioner to maintain books and records necessary for the proper enforcement of sections 116.21 to 116.35 and rules thereunder, and to submit samples of cleaning agents or water conditioners to the Pollution Control Agency.
115A.1460 PROVIDING INFORMATION.
Upon request of the commissioner for purposes of determining compliance with sections 115A.144 to 115A.1463, or for purposes of implementing sections 115A.144 to 115A.1463, a person must furnish to the commissioner any information that the person has or may reasonably obtain.
116.25 SEIZURE.
The Pollution Control Agency may seize a cleaning agent or chemical water conditioner which it reasonably believes was manufactured or imported in violation of section 116.23.
A cleaning agent or chemical water conditioner seized under sections 116.21 to 116.35, may be kept or stored in the building or place where it was seized or may be removed to any other proper place by or at the direction of the Pollution Control Agency.
Except with the authority of the Pollution Control Agency, no person shall remove, alter or interfere with a cleaning agent or chemical water conditioner seized under sections 116.21 to 116.35, but the Pollution Control Agency shall, at the request of a person from whom it was seized, furnish a sample thereof to the person for analysis.
115A.1463 PACKAGING PRODUCT STEWARDSHIP ACCOUNT.
(a) The packaging product stewardship account is established as a separate account in the special revenue fund in the state treasury. Appropriations and transfers to the account and fees collected under section 115A.1443 must be credited to the account. Earnings, such as interest, dividends, and any other earnings arising from assets of the account, must be credited to the account. Money remaining in the account at the end of a fiscal year does not cancel to the general fund but remains in the account until expended.
(b) Money from the account is appropriated to the commissioner to pay the reasonable costs of the agency to administer sections 115A.144 to 115A.1462.
115A.1462 ENFORCEMENT.
(a) The commissioner must enforce sections 115A.144 to 115A.1463 as provided under this section and sections 115.071 and 116.072. The commissioner may revoke a registration of a producer responsibility organization or service provider found to have violated sections 115A.144 to 115A.1463.
(b) Notwithstanding the penalty limits contained in section 115.071, subdivision 3, and except as otherwise provided in paragraph (c), a person that violates or fails to perform a duty imposed by sections 115A.144 to 115A.1463 or any rule adopted thereunder is liable for a civil penalty not to exceed $25,000 per day of violation.
(c) Notwithstanding the penalty limits contained in section 115.071, subdivision 3, a producer responsibility organization or producer that violates a provision of or fails to perform a duty imposed by sections 115A.144 to 115A.1463, a rule adopted thereunder, or requirements of a stewardship plan approved by the commissioner, is liable for a civil penalty not to exceed $25,000 per day of violation. For a second violation occurring within five years after the approval of a stewardship plan, a producer responsibility organization or producer is liable for a civil penalty not to exceed $50,000 per day of violation. For a third or subsequent violation occurring within five years after the approval of a stewardship plan, a producer responsibility organization or producer is liable for a civil penalty not to exceed $100,000 per day of violation.
116.26 RESTORING SEIZED ITEMS.
When a cleaning agent or chemical water conditioner has been seized under sections 116.21 to 116.35, any person may within two months after the date of seizure, upon prior notice in accordance with subdivision 2 to the Pollution Control Agency by certified mail, apply to the district court within whose jurisdiction the seizure was made for an order of restoration under subdivision 3.
Notice under subdivision 1 shall be mailed at least 15 days prior to the day on which the application is to be made to the district court and shall specify:
(1) the district court to which the application is to be made;
(2) the place where and the time when the application is to be heard;
(3) the cleaning agent or chemical water conditioner in regard to which the application is to be made; and
(4) the evidence upon which the applicant relies to establish entitlement to possession of the cleaning agent or chemical water conditioner.
(a) Subject to section 116.27 when upon hearing, the district court is satisfied (1) that the applicant is otherwise entitled to possession of the items seized, and (2) that the items seized are not and will not be required as evidence in proceedings under sections 116.21 to 116.35, the court shall order that the items seized be restored forthwith to the applicant.
(b) Where the court is satisfied that the applicant is otherwise entitled to possession but is not satisfied as to the necessity for retention as evidence, the court shall order restoration to the applicant (1) four months after the date of seizure if no proceedings under section 116.23 have been commenced before that time, or (2) upon the final conclusion of any such proceedings.
When no application has been made under subdivision 1 within two months from the date of seizure, or when upon application no order of restoration is made, the items seized shall be delivered to the Pollution Control Agency, which may dispose of them as it sees fit.
115B.421 CLOSED LANDFILL INVESTMENT FUND.
(a) The closed landfill investment fund is established in the state treasury. The fund consists of money credited to the fund and interest and other earnings on money in the fund. Funds must be deposited as described in section 115B.445. The fund must be managed to maximize long-term gain through the State Board of Investment.
(b) Each fiscal year, up to $4,500,000 is appropriated from the closed landfill investment fund to the commissioner for the purposes of sections 115B.39 to 115B.444.
(c) If the commissioner determines that a release or threatened release from a qualified facility for which the commissioner has assumed obligations for environmental response actions under section 115B.40 or 115B.406 constitutes an emergency requiring immediate action to prevent, minimize, or mitigate damage either to the public health or welfare or the environment or to a system designed to protect the public health or welfare or the environment, up to $9,000,000 in addition to the amount appropriated under paragraph (b) is appropriated to the commissioner in the first year of the biennium and may be spent by the commissioner to take reasonable and necessary emergency response actions. Money not spent in the first year of the biennium may be spent in the second year. If money is appropriated under this paragraph, the commissioner must notify the chairs of the senate and house of representatives committees having jurisdiction over environment policy and finance as soon as possible. The commissioner must maintain the fund balance to ensure long-term viability of the fund and reflect the responsibility of the landfill cleanup program in perpetuity.
(d) Paragraphs (b) and (c) expire June 30, 2025.
If money in the closed landfill investment fund is spent or transferred for purposes other than the purposes provided under sections 115B.39 to 115B.444, the commissioner must provide written notification to each county with a qualified facility within 30 days of the transfer or expenditure that includes the amount, purpose, and authority used to spend or transfer the money.
116.27 ADDITIONAL PROHIBITION.
No manufacturer, wholesaler, or retailer shall sell, possess with intent to sell, or display for sale, a household laundry or dishwashing compound, including household detergents and presoaks, unless a verified or certified test result is filed with the Pollution Control Agency stating the percentage content of phosphorus by weight contained in the product.
Tests shall be conducted pursuant to the methods and procedures adopted by the federal Water Quality Administration.
115A.1461 DEPOSIT RETURN SYSTEM.
(a) It is the intent of the legislature that if a bottle deposit return system is enacted in the future, it will be harmonized with sections 115A.144 to 115A.1463 in a manner that ensures that:
(1) materials covered in that system are exempt from sections 115A.144 to 115A.1463 or related financial obligations are reduced;
(2) colocation of drop-off collection sites is maximized;
(3) education and outreach is integrated between the two programs; and
(4) waste reduction and reuse strategies are prioritized between the two programs.
(b) Any implementation of a deposit return system must include a two-year transition period before the expiration of the currently approved stewardship plan and be conducted in a manner that does not create sudden and significant operational or financial disruption to the implementation of a stewardship plan under section 115A.1451, including provisions of recycling or reuse services contained in the plan.
115B.42 REMEDIATION FUND.
[Repealed, 2003 c 128 art 2 s 56]
The commissioner may spend money from the remediation fund under section 116.155, subdivision 2, paragraph (a), clause (2), to:
(1) inspect permitted mixed municipal solid waste disposal facilities to:
(i) evaluate the adequacy of final cover, slopes, vegetation, and erosion control;
(ii) determine the presence and concentration of hazardous substances, pollutants or contaminants, and decomposition gases; and
(iii) determine the boundaries of fill areas;
(2) monitor and take, or reimburse others for, environmental response actions, including emergency response actions, at qualified facilities;
(3) acquire and dispose of property under section 115B.412, subdivision 3;
(4) recover costs under section 115B.39;
(5) administer, including providing staff and administrative support for, sections 115B.39 to 115B.445;
(6) enforce sections 115B.39 to 115B.445;
(7) pay for private water supply well monitoring and health assessment costs of the commissioner of health in areas affected by unpermitted mixed municipal solid waste disposal facilities;
(8) reimburse persons under section 115B.43;
(9) reimburse mediation expenses up to a total of $250,000 annually or defense costs up to a total of $250,000 annually for third-party claims for response costs under state or federal law as provided in section 115B.414; and
(10) perform environmental assessments, up to $1,000,000, at unpermitted mixed municipal solid waste disposal facilities.
115.41 DEFINITIONS.
The definitions given in this section shall obtain for the purposes of sections 115.41 to 115.53, except as otherwise expressly provided or indicated by the context.
The definitions given in section 115.01 shall govern for the purposes of sections 115.41 to 115.53, except as otherwise expressly provided or indicated by the context.
[Repealed, 1969 c 9 s 20]
MS 1990 [Renumbered subd 6]
"Agency" means the Minnesota Pollution Control Agency.
MS 1990 [Renumbered subd 2]
"Commissioner" means the commissioner of administration.
MS 1990 [Renumbered subd 4]
"Municipality" means a city, sanitary district, or other governmental subdivision or public corporation.
116.28 LISTS REQUIRED.
No household laundry or dishwashing compound, including household detergents and presoaks, shall be sold or displayed for sale unless the product name is on a list prominently displayed near the product display stating the phosphorus content by percentage of weight to weight of the package contents. The products shall be listed in descending order and in letters and figures not less than one half inch high and proportionately wide. No list shall be required if the Pollution Control Agency adopts and has in effect standards for maximum allowable phosphorus content of household laundry and dishwashing compounds.
The Pollution Control Agency shall supply any person upon request with a current listing of household laundry and dishwashing compounds and their phosphorus contents received pursuant to sections 116.21 to 116.35. This list shall be updated periodically.
115.42 POLICY; LONG-RANGE PLAN; PURPOSE.
It is the policy of the state to provide for the prevention, control, and abatement of pollution of all waters of the state, so far as feasible and practical, in furtherance of conservation of such waters and protection of the public health and in furtherance of the development of the economic welfare of the state. The agency shall prepare a long-range plan and program for the effectuation of said policy. It is the purpose of sections 115.41 to 115.53 to safeguard the waters of the state from pollution by: (a) preventing any new pollution; and (b) abating pollution existing when sections 115.41 to 115.53 become effective, under a program consistent with the declaration of policy above stated.
115A.151 RECYCLING REQUIREMENTS; PUBLIC ENTITIES; COMMERCIAL BUILDINGS; SPORTS FACILITIES.
(a) A public entity, the owner of a sports facility, and an owner of a commercial building shall:
(1) ensure that facilities under its control, from which mixed municipal solid waste is collected, also collect at least three recyclable materials, such as, but not limited to, paper, glass, plastic, and metal; and
(2) transfer all recyclable materials collected to a recycler.
(b) For the purposes of this section:
(1) "public entity" means the state, an office, agency, or institution of the state, the Metropolitan Council, a metropolitan agency, the Metropolitan Mosquito Control Commission, the legislature, the courts, a county, a statutory or home rule charter city, a town, a school district, a special taxing district, or any entity that receives an appropriation from the state for a capital improvement project after August 1, 2002;
(2) "metropolitan agency" and "Metropolitan Council" have the meanings given them in section 473.121;
(3) "Metropolitan Mosquito Control Commission" means the commission created in section 473.702;
(4) "commercial building" means a building that:
(i) is located in a metropolitan county, as defined in section 473.121;
(ii) contains a business classified in sectors 42 to 81 under the North American Industrial Classification System; and
(iii) contracts for four cubic yards or more per week of solid waste collection; and
(5) "sports facility" means a professional or collegiate sports facility at which competitions take place before a public audience.
115A.152 TECHNICAL AND RESEARCH ASSISTANCE TO GENERATORS.
The commissioner shall provide for the establishment of a technical and research assistance program for generators of hazardous and industrial waste in the state. The program must be designed to assist generators in the state to obtain information about management of hazardous and industrial wastes, to identify and apply methods of reducing the generation of hazardous and industrial wastes, to facilitate improved management of hazardous and industrial waste and compliance with hazardous and industrial waste rules, and for other similar purposes. The program must emphasize assistance to smaller businesses that have inadequate technical and financial resources for obtaining information, assessing waste management methods, and developing and applying waste reduction techniques. Information and techniques developed under this program must be made available through the program to all generators in the state.
The assistance program must include at least the following elements:
(1) outreach programs including on-site consultation at locations where hazardous and industrial waste is generated, seminars, workshops, training programs, and other similar activities designed to assist generators to evaluate their hazardous and industrial waste generation and management practices, identify opportunities for waste reduction and improved management, and identify subjects that require additional information and research;
(2) a program to assemble, catalog, and disseminate information about hazardous and industrial waste reduction and management methods, available commercial waste management facilities and consultant services, and regulatory programs (provided that specific questions by generators about interpretation or application of waste management rules should be referred to appropriate regulatory agencies);
(3) evaluation and interpretation of information needed by generators to improve their management of hazardous and industrial waste; and
(4) informational and technical research to identify alternative technical solutions that can be applied by specific generators to reduce the generation of hazardous and industrial waste.
The assistance program must be coordinated with other public and private programs that provide management and technical assistance to smaller businesses and generators of small quantities of hazardous and industrial waste, including programs operated by public and private educational institutions. The commissioner may make grants to a public or private person or association that will establish and operate the elements of the program, but the grants must require that the assistance be provided at no cost to the generators and that the grantees provide periodic reports on the improvements in waste management, waste reduction, and regulatory compliance achieved by generators through the assistance provided.
116.29 FORFEITURE.
When a person is convicted of an offense under section 116.28 any cleaning agent or chemical water conditioner seized in accordance with sections 116.21 to 116.35 is forfeited to the Pollution Control Agency and shall be disposed of as it directs.
When a cleaning agent or chemical water conditioner is seized under sections 116.21 to 116.35, the owner or the person in whose possession it was at the time of seizure consents in writing to its destruction, it is forfeited to the Pollution Control Agency and shall be disposed of as it directs.
115.425 NONINGESTED SOURCES; PHOSPHORUS REDUCTION GOAL.
The state goal for reducing phosphorus from noningested sources entering municipal wastewater treatment systems is at least a 50 percent reduction based on the timeline for reduction developed by the commissioner under Laws 2003, chapter 128, article 1, section 166, and a reasonable estimate of the amount of phosphorus from noningested sources entering municipal wastewater treatment systems in calendar year 2003.
115B.431 CLOSED LANDFILL SOLAR REDEVELOPMENT AND REUSE ACCOUNT.
The closed landfill solar redevelopment and reuse account is established as an account in the remediation fund.
The account consists of money from:
(1) revenue from lease payments received from a utility or other entity that is leasing a portion of a closed landfill site managed by the Pollution Control Agency to install a solar energy generating system;
(2) appropriations and transfers to the account as provided by law; and
(3) interest earned on the account.
Money in the account, including any interest accrued, must be used to facilitate reuse and redevelopment for solar projects located at closed landfill sites managed by the Pollution Control Agency under sections 115B.39 to 115B.445.
115.43 POWERS.
In addition to the other powers prescribed by law, the agency shall have the powers and duties prescribed in this section. In exercising all such powers the agency shall give due consideration to the establishment, maintenance, operation and expansion of business, commerce, trade, industry, traffic and other economic factors and other material matters affecting the feasibility and practicability of any proposed action, including, but not limited to, the burden on a municipality of any tax which may result therefrom and shall take or provide for such action as may be reasonable, feasible and practical under the circumstances.
Acting within the scope of the policy and purposes of sections 115.41 to 115.53, the agency may adopt, promulgate, amend, or rescind rules in the manner provided by law, as may be necessary or proper to carry into effect the provisions of sections 115.41 to 115.53.
[Repealed, 1973 c 374 s 22]
115B.441 INSURANCE CLAIMS SETTLEMENT AND RECOVERY PROCESS; FINDINGS AND PURPOSE.
(a) The legislature finds that:
(1) insurers have issued certain insurance policies to their policyholders that may have provided coverage for environmental response costs related to qualified facilities for which their policyholders bear legal responsibility;
(2) because the commissioner is required by law to take over responsibility for environmental response actions relating to all qualified facilities, any rights to coverage based upon the insurers' contractual obligations to their policyholders to pay environmental response costs that are assumed by the state related to these facilities, to the extent the obligations may exist, are rights that should fairly accrue to the state; and
(3) the resolution of these potential insurance coverage rights should provide a fair share of the cost to the state of taking over these environmental responsibilities consistent with the insurers' potential coverage obligations to their policyholders.
(b) The purposes of sections 115B.441 to 115B.445 are:
(1) to provide the means for the state and insurers to resolve claims of the state for environmental response costs related to qualified facilities that may be covered by insurance policies of persons who bear legal responsibility for those costs; and
(2) to create a fair and efficient settlement process that provides insurers with an opportunity to settle claims based upon a reasonable approximation of the insurers' potential coverage exposure and a fair opportunity for the state to recover claims by legal action from nonsettling insurers.
116.32 ORDER TO REFRAIN.
If a person is convicted of an offense under sections 116.21 to 116.35, the court may, in addition to any punishment it may impose, order that person to refrain from any further violations of the provision of sections 116.21 to 116.35, or rules for the violation of which the offender has been convicted, or to cease to carry on any activity specified in the order the carrying on of which, in the opinion of the court, will or is likely to result in any further violation thereof.
116.33 PROOF OF OFFENSE.
In a prosecution for an offense under sections 116.21 to 116.35, it is sufficient proof of the offense to establish that it was committed by an employee or agent of the accused whether or not the employee agent is identified or has been prosecuted for the offense, unless the accused establishes that the offense was committed without the accused's knowledge or consent and that the accused exercised all due diligence to prevent its commission.
116.34 TIME LIMITED FOR PROCEEDINGS.
Proceedings in respect of an offense under sections 116.21 to 116.35, may be instituted at any time within two years after the time when the subject matter of the proceedings arose.
115.449 PUBLIC WASTEWATER TREATMENT FACILITIES; PROPOSAL REQUIREMENTS.
A proposal for design services for a public wastewater treatment facility requiring a national pollutant discharge elimination system or state disposal system permit shall include a description of the treatment alternatives the engineer will evaluate and provide a range of all annual operation and maintenance costs of operating the facility for the first five years of operation.
116.35 TRIAL OF OFFENSES.
Any complaint or information in respect of an offense under sections 116.21 to 116.35, may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction.
115B.445 DEPOSITING PROCEEDS.
All amounts paid to the state by an insurer pursuant to any settlement under section 115B.443 or judgment under section 115B.444 must be deposited in the state treasury and credited equally to the remediation fund and the closed landfill investment fund.
115.45 COMPLIANCE.
It is the duty of every person affected to comply with the provisions of sections 115.01 to 115.09 and 115.41 to 115.53, comprising the State Water Pollution Control Act, as now in force or hereafter amended, and all rules, orders, and permits adopted or issued by the agency thereunder, and to do and perform all acts and things within that person's power required to effectuate, carry out, and accomplish the purposes of such provisions, rules, orders, and permits.
[Repealed, 1973 c 374 s 22]