reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.202 — Coal Tar Sealant; Use And Sale Prohibited.

116.202 COAL TAR SEALANT; USE AND SALE PROHIBITED.
Subdivision 1.
Definitions.
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.
Subd. 2.
Use prohibited.
Except as provided in subdivision 4, a person shall not apply coal tar sealant products on asphalt-paved surfaces.
Subd. 3.
Sale prohibited.
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.
Subd. 4.
Exemptions.
(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.
Subd. 5.
Compliance and enforcement.
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.
History:
2013 c 137 art 2 s 17
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.21 — Nutrients In Cleaning Agents And Water Conditioners; Control; Statement Of Policy.

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.
History:
1971 c 896 s 1
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.22 — Definitions.

116.22 DEFINITIONS.
Subdivision 1.
Applicability.
For purposes of sections 116.21 to 116.35, the terms defined in this section shall have the meanings given them.
Subd. 2.
MS 1990 [Renumbered subd 3]
Subd. 2.
Chemical water conditioner.
"Chemical water conditioner" means a water softening chemical, antiscale chemical, corrosion inhibitor or other substance intended to be used to treat water.
Subd. 3.
MS 1990 [Renumbered subd 4]
Subd. 3.
Cleaning agent.
"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.
Subd. 4.
MS 1990 [Renumbered subd 2]
Subd. 4.
Nutrient.
"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.
History:
1971 c 896 s 2; 1986 c 444
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.23 — Prohibition And Restrictions.

116.23 PROHIBITION AND RESTRICTIONS.
Subdivision 1.
Nutrient concentrations.
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.
Subd. 2.
Residential dishwasher detergent.
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.
History:
1971 c 896 s 3; 2007 c 131 art 1 s 76
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.24 — Rules.

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.
History:
1971 c 896 s 4; 1985 c 248 s 70
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.25 — Seizure.

116.25 SEIZURE.
Subdivision 1.
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.
Subd. 2.
Storage.
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.
Subd. 3.
Removal; sample.
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.
History:
1971 c 896 s 5
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.26 — Restoring Seized Items.

116.26 RESTORING SEIZED ITEMS.
Subdivision 1.
Applying to district court.
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.
Subd. 2.
Notice.
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.
Subd. 3.
Restoring items.
(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.
Subd. 4.
Disposal.
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.
History:
1971 c 896 s 6; 1978 c 674 s 60; 1986 c 444
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.27 — Additional Prohibition.

116.27 ADDITIONAL PROHIBITION.
Subdivision 1.
Phosphorus content.
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.
Subd. 2.
Tests.
Tests shall be conducted pursuant to the methods and procedures adopted by the federal Water Quality Administration.
History:
1971 c 896 s 7
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.28 — Lists Required.

116.28 LISTS REQUIRED.
Subdivision 1.
Contents of product.
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.
Subd. 2.
Current listing; availability.
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.
History:
1971 c 896 s 8; 1974 c 275 s 1,2
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.29 — Forfeiture.

116.29 FORFEITURE.
Subdivision 1.
Conviction.
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.
Subd. 2.
Consent.
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.
History:
1971 c 896 s 9
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.32 — Order To Refrain.

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.
History:
1971 c 896 s 12; 1985 c 248 s 70; 1986 c 444
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.33 — Proof Of Offense.

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.
History:
1971 c 896 s 13; 1986 c 444
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.34 — Time Limited For Proceedings.

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.
History:
1971 c 896 s 14
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.35 — Trial Of Offenses.

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.
History:
1971 c 896 s 15
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.36 — Definitions.

116.36 DEFINITIONS.
Subdivision 1.
Applicability.
For the purposes of sections 116.36 to 116.38, the following terms have the meanings given.
Subd. 2.
Agency.
"Agency" means the Minnesota Pollution Control Agency.
Subd. 3.
Commissioner.
"Commissioner" means the commissioner of the Pollution Control Agency.
Subd. 4.
PCB.
"PCB" means the class of organic compounds known as polychlorinated biphenyls and includes any of several compounds produced by replacing one or more hydrogen atoms on the biphenyl molecule with chlorine. PCB does not include chlorinated biphenyl compounds that have functional groups attached other than chlorine.
Subd. 5.
Person.
"Person" has the meaning specified in section 115.01, subdivision 10.
History:
1976 c 344 s 1; 1977 c 347 s 16; 1987 c 186 s 15; 1990 c 594 art 1 s 51
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.37 — Pcb; Prohibited Use.

116.37 PCB; PROHIBITED USE.
Subdivision 1.
Certificate of exemption.
Beginning January 1, 1978, no person shall use, possess, sell, purchase or manufacture PCB or any product containing PCB unless the use, possession, sale, purchase or manufacture of PCB or products containing PCB is exempted by the agency. If the agency finds after there is opportunity for a public hearing on an application presented by any person, that no substitutes or feasible alternatives are reasonably available for PCB or a product containing PCB or class of products containing PCB, it shall grant a certificate of exemption which shall clearly set out the permitted use, possession, sale or purchase of PCB or a PCB product containing PCB. If the agency grants a certificate of exemption, it shall be valid for all subsequent uses of PCB or products containing PCB if the subsequent uses are consistent with the terms and conditions of the certificate of exemption. In granting certificates of exemption the agency shall at all times consider the public health and safety threatened by the use of PCB. In the consideration of certificates of exemption for the use or replacement of existing electrical transformers and capacitors the agency shall review, but not be limited to, considerations of the safety of proven alternatives, replacement costs and rules controlling the final disposal of PCB.
Subd. 2.
Exclusion.
In no event shall the certificate of exemption requirement or the labeling requirement of this section apply to any individual person who purchases or otherwise acquires a product containing PCB intended for consumer use in the home, provided that the use has previously been exempted by the agency and that the use is consistent with the terms and conditions of the certificate of exemption. Wastepaper, pulp, or other wood fiber materials purchased for use within this state in the manufacture of recycled paper products are exempt from the requirements of this section.
Subd. 3.
Labels required.
Beginning July 1, 1977, no person in this state shall add PCB in the manufacture of any new item, product or material, nor shall any person in this state sell any new item, product or material to which PCB has been added unless the PCB or products containing PCB are conspicuously labeled to disclose the presence of PCB and the concentrations of PCB.
Subd. 4.
Rules.
The agency shall promulgate rules by January 1, 1977, governing the granting of certificates of exemption and the requirements of labels specified in subdivision 3. The rules governing the requirement of labels specified in subdivision 3 may require other information relating to the public health and environmental effects of PCB and shall apply to persons holding certificates of exemption.
Subd. 5.
Penalties.
Violations of this section and sections 116.36 and 116D.045 shall be subject to the provisions of section 115.071.
History:
1976 c 344 s 2
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.38 — Pcb Burning.

116.38 PCB BURNING.
Subdivision 1.
State policy.
The legislature finds that risks to human health must be adequately evaluated before a facility may burn PCBs. The legislature also finds that if there is a risk to human health, all human health must be treated with equal concern, and facilities that cause risks to human health must not be allowed to operate in sparsely populated areas if they would not be allowed to operate in heavily populated areas.
Subd. 2.
EIS required.
The Pollution Control Agency may not allow burning of wastes containing 50 ppm or greater PCBs by permit or otherwise unless an environmental impact statement is completed. It may not renew a permit for burning wastes containing 50 ppm or greater PCBs until an environmental impact statement is completed. This section does not apply to experimental burning of small quantities of waste containing 50 ppm or greater PCBs.
History:
1990 c 594 art 1 s 52
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.39 — Ozone Layer; Preservation.

116.39 OZONE LAYER; PRESERVATION.
Subdivision 1.
Sale prohibited.
Except as provided by subdivision 3, after July 1, 1979, no person shall sell or offer for sale in this state any pressurized container which contains as a propellant trichloromonofluoromethane, difluorodichloromethane, dichlorotetrafluoroethane, or any other saturated chlorofluorocarbon compound or other similar inert fluorocarbon compound that does not contain reactive carbon hydrogen bonds.
Subd. 2.
Warning.
Commencing October 31, 1977, no person shall sell or offer for sale at wholesale in this state a pressurized container using chlorofluorocarbon propellants unless the container has prominently displayed on the front panel this statement: "Warning: Contains a chlorofluorocarbon that may harm the public health and environment by reducing ozone in the upper atmosphere."
Subd. 3.
Other compounds permitted.
Nothing in this section prohibits the sale or use of refrigeration equipment containing chlorofluorocarbon compounds, or the sale of chlorofluorocarbon compounds for use in such equipment. This section shall not apply to the sale of chlorofluorocarbon compounds for the following essential medical uses:
(1) metered-dose steroid human drugs for nasal inhalation;
(2) metered-dose steroid human drugs for oral inhalation;
(3) metered-dose adrenergic bronchodilator human drugs for oral inhalation;
(4) contraceptive vaginal foams for human use; or
(5) cytology fixatives; nor
for other medical uses by or under the supervision of a licensed physician, dentist or veterinarian, or a hospital, nursing home or other health care institution licensed by the Department of Health. This section shall also not apply to the sale of chlorofluorocarbon compounds for use in the cleaning, maintenance, testing and repair of electronic equipment.
Subd. 4.
Penalty.
A violation of this section is a misdemeanor.
History:
1977 c 373 s 1
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.41 — Waste And Waste Facilities Training And Certification.

116.41 WASTE AND WASTE FACILITIES TRAINING AND CERTIFICATION.
Subdivision 1.
[Repealed, 1983 c 373 s 72]
Subd. 1a.
[Repealed, 1983 c 373 s 72]
Subd. 2.
Training and certification programs.
(a) The agency shall develop standards of competence for persons operating and inspecting various classes of disposal facilities. The agency shall conduct training programs for persons operating facilities for the disposal of waste and for inspectors of such facilities, and shall charge such fees as are necessary to cover the actual costs of the training programs. All fees received shall be paid into the state treasury and credited to the Pollution Control Agency training account and are appropriated to the agency to pay expenses relating to the training of disposal facility personnel.
(b) The agency shall require operators and inspectors of such facilities to obtain from the agency a certificate of competence. The agency shall conduct examinations to test the competence of applicants for certification, and shall require that certificates be renewed at reasonable intervals. The agency may charge such fees as are necessary to cover the actual costs of receiving and processing applications, conducting examinations, and issuing and renewing certificates. Certificates shall not be required for a private individual for land-spreading and associated interim and temporary storage of sewage sludge on property owned or farmed by that individual.
Subd. 3.
Regulation and enforcement assistance.
The agency shall establish a program to provide technical and financial assistance for regulation and enforcement to counties which have certified operators and inspectors conforming to the requirements of the agency, chapters 400 and 473, and sections 115A.01 to 115A.72.
Subd. 4.
Rules.
The agency shall adopt, amend, and rescind rules as may be necessary to carry out the provisions of this section in accordance with chapter 14.
History:
1973 c 646 s 1; 1980 c 564 art 11 s 13; 1981 c 352 s 29; 1982 c 424 s 130; 1983 c 301 s 118; 1987 c 348 s 31; 1987 c 404 s 146; 1989 c 335 art 4 s 46; 2009 c 37 art 1 s 46
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.42 — Acid Deposition; Legislative Intent.

116.42 ACID DEPOSITION; LEGISLATIVE INTENT.
The legislature recognizes that acid deposition substantially resulting from the conduct of commercial and industrial operations, both within and without the state, poses a present and severe danger to the delicate balance of ecological systems within the state, and that the failure to act promptly and decisively to mitigate or eliminate this danger will soon result in untold and irreparable damage to the agricultural, water, forest, fish, and wildlife resources of the state. It is therefore the intent of the legislature in enacting sections 116.42 to 116.44 to mitigate or eliminate the acid deposition problem by curbing sources of acid deposition within the state and to support and encourage other states, the federal government, and the province of Ontario in recognizing the dangers of acid deposition and taking steps to mitigate or eliminate it within their own jurisdictions.
History:
1982 c 482 s 1; 2016 c 158 art 1 s 30
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.43 — Acid Deposition Defined.

116.43 ACID DEPOSITION DEFINED.
As used in sections 116.42 to 116.44, "acid deposition" means the wet or dry deposition from the atmosphere of chemical compounds, usually in the form of rain or snow, having the potential to form an aqueous compound with a pH level lower than the level considered normal under natural conditions, or lower than 5.6.
History:
1982 c 482 s 2; 2016 c 158 art 1 s 31
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.44 — Sensitive Areas; Standards.

116.44 SENSITIVE AREAS; STANDARDS.
Subdivision 1.
List of areas.
By January 1, 1983, the Pollution Control Agency shall publish a preliminary list of counties determined to contain natural resources sensitive to the impacts of acid deposition. Sensitive areas shall be designated on the basis of:
(1) the presence of plants and animal species which are sensitive to acid deposition;
(2) geological information identifying those areas which have insoluble bedrock which is incapable of adequately neutralizing acid deposition; and
(3) existing acid deposition reports and data prepared by the Pollution Control Agency and the federal Environmental Protection Agency. The Pollution Control Agency shall conduct public meetings on the preliminary list of acid deposition sensitive areas. Meetings shall be concluded by March 1, 1983, and a final list published by May 1, 1983.
Subd. 2.
Standards.
(a) By January 1, 1986, the agency shall adopt an acid deposition standard for wet plus dry acid deposition in the acid deposition sensitive areas listed pursuant to subdivision 1.
(b) By January 1, 1986, the agency shall adopt an acid deposition control plan to attain and maintain the acid deposition standard adopted under clause (a), addressing sources both inside and outside of the state which emit more than 100 tons of sulphur dioxide per year. The plan shall include an analysis of the estimated compliance costs for facilities emitting sulphur dioxide. Any emission reductions required inside of the state shall be based on the contribution of sources inside of the state to acid deposition in excess of the standard.
(c) By January 1, 1990, sources located inside the state shall be in compliance with the provisions of the acid deposition control plan.
History:
1982 c 482 s 3; 1984 c 519 s 1; 1989 c 209 art 1 s 11; 1997 c 187 art 1 s 11
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.454 — Monitoring Program.

116.454 MONITORING PROGRAM.
By July 1, 1993, the agency shall establish a statewide monitoring program for, and inventory of probable sources of, releases into the air, ambient concentrations in the air, and deposition from the air of toxic substances.
History:
1992 c 546 s 3
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.46 — Definitions.

116.46 DEFINITIONS.
Subdivision 1.
Scope.
As used in sections 116.47 to 116.50, the terms defined in this section have the meanings given them.
Subd. 1a.
Aboveground storage tank.
"Aboveground storage tank" means any one or a combination of containers, vessels, and enclosures, including structures and appurtenances connected to them, that is used to contain or dispense regulated substances, and that is not an underground storage tank.
Subd. 2.
Agency.
"Agency" means the Pollution Control Agency.
Subd. 2a.
Installer.
"Installer" means a person who places, constructs, or repairs an aboveground or underground tank, or permanently takes an aboveground or underground tank out of service.
Subd. 3.
Operator.
"Operator" means a person in control of, or having responsibility for, the daily operation of an underground storage tank.
Subd. 4.
Owner.
"Owner" means a person who owns an underground storage tank and a person who owned it immediately before discontinuation of its use.
Subd. 5.
Person.
"Person" has the meaning given it in section 116.06, subdivision 17.
Subd. 6.
Regulated substance.
"Regulated substance" means:
(1) a hazardous material listed in Code of Federal Regulations, title 49, section 172.101; or
(2) petroleum, including crude oil or a fraction of crude oil that is liquid at a temperature of 60 degrees Fahrenheit and pressure of 14.7 pounds per square inch absolute.
Subd. 7.
Release.
"Release" means a spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank into the environment. Release does not include designed venting consistent with the agency's air quality rules.
Subd. 7a.
Retail location.
"Retail location" means a facility located in the metropolitan area as defined in section 473.121, subdivision 2, where gasoline is offered for sale to the general public for use in automobiles and trucks.
Subd. 7b.
Transport delivery vehicle.
"Transport delivery vehicle" means a liquid fuel cargo tank used to deliver gasoline into underground storage tanks.
Subd. 8.
Underground storage tank.
"Underground storage tank" means any one or a combination of containers including tanks, vessels, enclosures, or structures and underground appurtenances connected to them, that is used to contain or dispense an accumulation of regulated substances and the volume of which, including the volume of the underground pipes connected to them, is ten percent or more beneath the surface of the ground.
Subd. 9.
[Renumbered subd 1a]
Subd. 10.
Vapor recovery system.
"Vapor recovery system" means a system which transfers vapors from underground storage tanks during the filling operation to the storage compartment of the transport vehicle delivering gasoline.
History:
1Sp1985 c 13 s 235; 1987 c 389 s 11,12; 2003 c 128 art 1 s 140-142
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.47 — Exemptions.

116.47 EXEMPTIONS.
Sections 116.48, 116.49, and 116.491 do not apply to:
(1) farm or residential tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes;
(2) tanks of 1,100 gallons or less capacity used for storing heating oil for consumptive use on the premises where stored;
(3) pipeline facilities, including gathering lines, regulated under the Natural Gas Pipeline Safety Act of 1968, United States Code, title 49, chapter 24, or the Hazardous Liquid Pipeline Safety Act of 1979, United States Code, title 49, chapter 29;
(4) surface impoundments, pits, ponds, or lagoons;
(5) stormwater or wastewater collection systems;
(6) flow-through process tanks;
(7) tanks located in an underground area, including basements, cellars, mine workings, drifts, shafts, or tunnels, if the storage tank is located upon or above the surface of the floor;
(8) septic tanks;
(9) tanks used for storing liquids that are gaseous at atmospheric temperature and pressure; or
(10) tanks used for storing agricultural chemicals regulated under chapter 18B, 18C, or 18D.
History:
1Sp1985 c 13 s 236; 1987 c 389 s 13; 1993 c 87 s 2
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.481 — Monitoring.

116.481 MONITORING.
Subdivision 1.
Measuring tank capacity.
(a) By September 1, 1996, all aboveground tanks of 2,000 gallons or more used for storage and subsequent resale of petroleum products must be equipped with:
(1) a gauge in working order that shows the current level of product in the tank; or
(2) an audible or visual alarm which alerts the person delivering fuel into the tank that the tank is within 100 gallons of capacity.
(b) In lieu of the equipment specified in paragraph (a), the owner or operator of a tank may use a manual method of measurement which accurately determines the amount of product in the tank and the amount of capacity available to be used. This information must be readily available to anyone delivering fuel into the tank prior to delivery. Documentation that a tank has the available capacity for the amount of product to be delivered must be transmitted to the person making the delivery.
Subd. 2.
Contents labeled.
(a) By December 1, 1995, all aboveground tanks governed by this section must be numbered and labeled as to the tank contents, total capacity, and capacity in volume increments of 500 gallons or less.
(b) Piping connected to the tank must be labeled with the product carried at the point of delivery and at the tank inlet. Manifolded delivery points must have all valves labeled as to product distribution.
Subd. 3.
Site diagram.
(a) All tanks at a facility shall be shown on a site diagram which is permanently mounted in an area accessible to delivery personnel. The diagram shall show the number, capacity, and contents of tanks and the location of piping, valves, storm sewers, and other information necessary for emergency response, including the facility owner's or operator's telephone number.
(b) Prior to delivering product into an underground or aboveground tank, delivery personnel shall:
(1) consult the site diagram, where applicable, for proper delivery points, tank and piping locations, and valve settings;
(2) visually inspect the tank, piping, and valve settings to determine that the product being delivered will flow only into the appropriate tank; and
(3) determine, using equipment and information available at the site, that the available capacity of the tank is sufficient to hold the amount being delivered.
(c) Delivery personnel must remain in attendance during delivery.
Subd. 4.
Capacity of tank.
A tank may not be filled from a transport vehicle compartment containing more than the available capacity of the tank, unless the hose of the transport vehicle is equipped with a manually operated shutoff nozzle.
Subd. 5.
Exemption.
Aboveground and underground tanks located at refineries, pipeline terminals, and river terminals are exempt from this section.
History:
1995 c 240 art 1 s 13
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.482 — Petroleum Release; Notification.

116.482 PETROLEUM RELEASE; NOTIFICATION.
(a) When a potential receptor survey is conducted for a petroleum tank release as provided in agency guidance documents, the tank owner must provide information on the results of the survey, reports of all releases, and any corrective actions, as defined in section 115C.02, that are related to the petroleum tank release in an understandable manner to residents contacted in the survey. The information may be provided through personal contact, mail, or email.
(b) An owner may delegate the owner's responsibility under paragraph (a) to the owner's consultant or contractor, as those terms are defined in section 115C.02, or to the operator of the tank.
History:
2008 c 357 s 35
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.491 — Tank Installers; Training And Certification.

116.491 TANK INSTALLERS; TRAINING AND CERTIFICATION.
Subdivision 1.
Requirement.
(a) After the effective date of rules adopted under subdivision 3, a person may not install, repair, or take an aboveground or underground tank permanently out of service without first obtaining a certification of competence issued by the agency.
(b) The agency shall conduct examinations to test the competence of applicants for certification, issue documentation of certification, and require certification to be renewed at reasonable intervals. The agency may conduct training programs for installers.
Subd. 2.
Fees.
The agency may charge fees as are necessary to cover the actual costs of processing applications, conducting examinations, issuing and renewing certificates, and providing training programs. The fees received under this section must be credited to the petroleum tank release cleanup fund.
Subd. 3.
Rules.
The agency shall adopt rules containing standards of competence for installers and to implement this section.
History:
1987 c 389 s 15
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.492 — Basement Storage Tanks; Removal.

116.492 BASEMENT STORAGE TANKS; REMOVAL.
A person who removes a basement heating oil storage tank shall ensure that fill and vent pipes through the basement wall to the outside are also removed or permanently sealed.
History:
1992 c 597 s 3
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.50 — Preemption.

116.50 PREEMPTION.
Sections 116.46 to 116.49 preempt conflicting local and municipal rules or ordinances requiring notification or establishing environmental protection requirements for underground storage tanks. A state agency or local unit of government may not adopt rules or ordinances establishing or requiring vapor recovery for underground storage tanks.
History:
1Sp1985 c 13 s 239; 2003 c 128 art 1 s 145
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.70 — Definitions.

116.70 DEFINITIONS.
Subdivision 1.
Applicability.
The definitions in this section apply to sections 116.731 to 116.734.
Subd. 2.
[Repealed, 1Sp2001 c 2 s 162]
Subd. 3.
Chlorofluorocarbons or CFCs.
"Chlorofluorocarbons" or "CFCs" means the substances identified as class I or class II substances under section 602 of the Clean Air Act, United States Code, title 42, section 7401 et seq., as amended by the Clean Air Act Amendments of 1990, Public Law 101-549.
Subd. 3a.
[Repealed, 1Sp2001 c 2 s 162]
Subd. 4.
[Repealed, 1Sp2001 c 2 s 162]
Subd. 5.
[Renumbered subd 3a]
History:
1988 c 671 s 1; 1990 c 560 art 2 s 3; 1992 c 546 s 4; 1Sp2001 c 2 s 138
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.731 — Requirements To Recycle Cfc's.

116.731 REQUIREMENTS TO RECYCLE CFC'S.
Subdivision 1.
Salvage automobiles.
A person who processes automobiles for salvage must remove CFCs for recycling prior to disposal or sale of the materials containing CFCs. This subdivision does not apply to crushed automobiles or automobiles that have been processed in a manner that makes removal and recovery of CFCs impossible.
Subd. 2.
Refrigeration equipment.
A person processing scrap refrigerators, air conditioning units, dehumidifiers, heat pumps, under-the-counter ice makers, vending machines, drinking water coolers, chillers, commercial refrigeration, industrial process refrigeration, or freezers must remove and recycle, destroy, or properly dispose of the CFCs.
Subd. 3.
Mobile air conditioning equipment.
A person servicing or removing mobile air conditioning equipment must:
(1) recapture CFCs, provide storage for recaptured CFCs, and transfer recaptured CFCs to a recycler; or
(2) recapture CFCs and recycle the CFCs to an allowed use.
Subd. 4.
Servicing and recycling appliances.
(a) A person servicing or recycling refrigerators, air conditioning units, dehumidifiers, heat pumps, under-the-counter ice makers, vending machines, drinking water coolers, chillers, commercial refrigeration, industrial process refrigeration, or freezers must:
(1) recapture CFCs, provide storage for recaptured CFCs, and transfer recaptured CFCs to a recycler; or
(2) recapture CFCs and recycle the CFCs to an allowed use.
(b) The recovered CFCs may be properly disposed of or destroyed.
Subd. 4a.
Venting.
A person may not knowingly vent or otherwise release into the environment any CFC used as a refrigerant.
Subd. 5.
Foam not required to be recycled.
This section does not require recycling of rigid or flexible foam.
Subd. 6.
Rules.
The agency shall adopt rules for recycling CFCs and establish standards for CFC recycling equipment under this section.
History:
1990 c 560 art 2 s 4; 1994 c 585 s 34; 1995 c 147 s 1-3
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.732 — Requirement To Recycle Fire Extinguisher Halons.

116.732 REQUIREMENT TO RECYCLE FIRE EXTINGUISHER HALONS.
A person who recharges, services, or retires fire extinguishers must recapture and recycle halons.
History:
1990 c 560 art 2 s 5
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.733 — Medical Device Exemption.

116.733 MEDICAL DEVICE EXEMPTION.
Laws 1990, chapter 560, article 2, sections 1 and 2, and sections 116.70, 116.731, and 116.732, do not apply to processes using CFCs or halons on medical devices, in sterilization processes in health care facilities, or by a person or facility in manufacturing or selling of medical devices.
History:
1990 c 560 art 2 s 6; 1991 c 199 art 1 s 30
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.734 — Uniform Cfc Regulation.

116.734 UNIFORM CFC REGULATION.
It is the policy of this state to regulate and manage CFCs in a uniform manner throughout the state. Political subdivisions may not adopt, and are preempted from adopting or enforcing, requirements relating to CFCs that are different than state law.
History:
1990 c 560 art 2 s 7
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.735 — Training And Certification.

116.735 TRAINING AND CERTIFICATION.
(a) The agency shall develop standards of competence for persons who engage in activities relating to products that may contain CFCs, as described in section 116.731, subdivisions 1 to 4, and the commissioner may conduct training programs for these persons. The persons shall obtain from the commissioner a certificate of competence or equivalent federal certification that has been approved by the commissioner.
(b) The agency may adopt rules to implement this section.
History:
1994 c 585 s 35; 1995 c 147 s 4
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.75 — Citation.

116.75 CITATION.
Sections 116.76 to 116.82 may be cited as the "Infectious Waste Control Act."
History:
1989 c 337 s 1; 1993 c 206 s 2
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.77 — Coverage.

116.77 COVERAGE.
Sections 116.75 to 116.83 and 609.671, subdivision 11, cover any person, including a veterinarian, who generates, treats, stores, transports, or disposes of infectious or pathological waste but not including infectious or pathological waste generated by households, farm operations, or agricultural businesses. Except as specifically provided, sections 116.75 to 116.83 do not limit or alter treatment or disposal methods for infectious or pathological waste.
History:
1989 c 337 s 3; 1991 c 344 s 1; 1993 c 206 s 4; 1Sp1993 c 6 s 4; 2016 c 158 art 1 s 32
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.80 — Transporting Infectious Waste.

116.80 TRANSPORTING INFECTIOUS WASTE.
Subdivision 1.
Transferring infectious waste.
(a) A generator may not transfer infectious waste to a commercial transporter unless the transporter is registered with the commissioner.
(b) A transporter may not deliver infectious waste to a facility prohibited to accept the waste.
(c) A person who is registered to transport infectious waste may not refuse waste generated from a facility that is properly packaged and labeled.
Subd. 2.
Preparing management plans.
(a) A commercial transporter in charge of a business that transports infectious waste must prepare a management plan for the infectious waste handled by the commercial transporter.
(b) The management plan must describe, to the extent the information is applicable to the commercial transporter:
(1) the type of infectious waste that the commercial transporter handles;
(2) the transportation procedures for the infectious waste that will be followed;
(3) the disposal facilities that will be used for the infectious waste;
(4) the steps that will be taken to minimize the exposure of employees to infectious agents throughout the process of transporting and disposing of infectious waste; and
(5) the name of the individual responsible for the transportation and management of the infectious waste.
(c) The management plan must be kept at the commercial transporter's principal place of business.
(d) Management plans must be accompanied by a statement of the quantity of infectious waste transported during the previous two-year period. Quantities shall be reported in pounds.
(e) A management plan must be updated and resubmitted at least once every two years.
(f) The commissioner shall review the plans and may require a plan to be modified within 180 days after the plan is submitted if the commissioner determines that the plan is not consistent with state or federal law or that the plan is not adequate to minimize exposure of persons to the waste.
Subd. 3.
Registration required.
(a) A commercial transporter must register with the commissioner.
(b) To register, a commercial transporter must submit a copy of the management plan to the commissioner of the Pollution Control Agency with a fee of $225. The fee must be deposited in the state treasury and credited to the general fund.
(c) The registration is valid for two years.
(d) The commissioner shall issue a registration card with a unique registration number to a person who has submitted a transporter's management plan unless the commissioner finds that registrant has outstanding unresolved violations of this section or a history of serious violations of chapter 115, 115A, 115B, or 116. The registration card must include the date the card expires.
Subd. 4.
Waste from other states.
A person may not transport infectious waste into the state for decontamination, storage, incineration, or disposal without complying with sections 116.76 to 116.82.
History:
1989 c 337 s 6; 1991 c 344 s 7; 1Sp1993 c 1 art 9 s 7,8
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.801 — Incinerating Infectious Waste; Permit Required.

116.801 INCINERATING INFECTIOUS WASTE; PERMIT REQUIRED.
(a) Except as provided in paragraph (b), a person may not construct, or expand the capacity of, a facility for the incineration of infectious waste, as defined in section 116.76, without having obtained an air emission permit from the agency.
(b) This section does not affect permit requirements under the rules of the agency for an incinerator that is upgraded to meet pollution control standards or an incinerator with a capacity of 350 pounds or less per hour that is planned to manage waste generated primarily by the owner or operator of the incinerator.
History:
1991 c 231 s 1