reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115D — Toxic Pollution Prevention › Section 115D.04 — Pollution Prevention Assistance Program.

115D.04 POLLUTION PREVENTION ASSISTANCE PROGRAM.
Subdivision 1.
Establishment.
The commissioner shall establish a pollution prevention assistance program to assist eligible recipients in preventing pollution. The program must emphasize techniques and processes that minimize the transfer of pollutants from one environmental medium to another and must focus primarily on toxic pollutants.
Subd. 2.
Assistance.
The pollution prevention assistance program must include at least the following:
(1) a program to assemble, catalog, and disseminate information on pollution prevention;
(2) a program to provide technical research and assistance, including on-site consultations to identify alternative methods that may be applied to prevent pollution and to provide assistance for planning under section 115D.07, excluding design engineering services; and
(3) outreach programs including seminars, workshops, training programs, and other similar activities designed to provide pollution prevention information and assistance to eligible recipients and other interested persons.
Subd. 3.
Administration.
(a) The pollution prevention assistance program must be coordinated with other public and private programs that provide management and technical assistance to eligible recipients.
(b) The commissioner may make grants to public or private entities to operate elements of the program. Grantees shall provide periodic reports on their efforts to assist eligible recipients to reduce pollution.
(c) A person, when operating or participating in elements of the technical assistance program pursuant to a grant or contract with the office under this section or other law, is an employee of the state, certified to be acting within the scope of employment, for purposes of the indemnification provisions of section 3.736, subdivision 9, for claims that arise out of the information, assistance, and recommendations covered by the grant or contract. The state is not obligated to defend or indemnify a grantee or contractor under this subdivision to the extent of the grantee's or contractor's liability insurance. The grantee's or contractor's right to indemnity is not a waiver of limitations, defenses, and immunities available to either the grantee or contractor or the state by law.
History:
1990 c 560 art 1 s 4; 1992 c 513 art 2 s 31; 1Sp2005 c 1 art 2 s 134,161
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115D — Toxic Pollution Prevention › Section 115D.06 — Governor's Award For Excellence In Pollution Prevention.

115D.06 GOVERNOR'S AWARD FOR EXCELLENCE IN POLLUTION PREVENTION.
The governor may issue annual awards in the form of a commendation for excellence in pollution prevention. Applications for these awards shall be administered by the commissioner.
History:
1990 c 560 art 1 s 6; 1Sp2005 c 1 art 2 s 161
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115D — Toxic Pollution Prevention › Section 115D.09 — Confidentiality.

115D.09 CONFIDENTIALITY.
Information and techniques developed under section 115D.04, the reduction information and techniques under section 115A.0716, and the progress reports required under section 115D.08 are public data under chapter 13. The plans required under section 115D.07 are nonpublic data under chapter 13.
History:
1990 c 560 art 1 s 9; 1996 c 470 s 18
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115D — Toxic Pollution Prevention › Section 115D.10 — Toxic Pollution Prevention Evaluation Report.

115D.10 TOXIC POLLUTION PREVENTION EVALUATION REPORT.
The commissioner, in cooperation with the commission, shall report to the Environment and Natural Resources Committees of the senate and house of representatives, the Finance Division of the senate Committee on Environment and Natural Resources, and the house of representatives Committee on Environment and Natural Resources Finance on progress being made in achieving the objectives of sections 115D.01 to 115D.12. The report must be done in conjunction with the report required under section 115A.121.
History:
1990 c 560 art 1 s 10; 1993 c 172 s 73; 1995 c 247 art 1 s 35; 1996 c 470 s 27; 1Sp2005 c 1 art 2 s 161; 2013 c 114 art 4 s 86
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115D — Toxic Pollution Prevention › Section 115D.12 — Pollution Prevention Fees.

115D.12 POLLUTION PREVENTION FEES.
Subdivision 1.
Imposition.
The pollution prevention fees in this section are imposed on persons and facilities under subdivision 2, paragraphs (a) and (b).
Subd. 2.
Fees.
(a) Persons required by United States Code, title 42, section 11023, to submit a toxic chemical release form to the commission, and owners or operators of facilities listed in section 299K.08, subdivision 3, shall pay a pollution prevention fee of $150 for each toxic pollutant reported released plus a fee based on the total pounds of toxic pollutants reported as released from each facility. Facilities reporting less than 25,000 pounds annually of toxic pollutants released per facility shall be assessed a fee of $500. Facilities reporting annual releases of toxic pollutants in excess of 25,000 pounds shall be assessed a graduated fee at the rate of two cents per pound of toxic pollutants reported.
(b) Persons who generate more than 1,000 kilograms of hazardous waste per month but who are not subject to the fee under paragraph (a) must pay a pollution prevention fee of $500 per facility. Hazardous waste as used in this paragraph has the meaning given it in section 116.06, subdivision 11, and Minnesota Rules, chapter 7045.
(c) Fees required under this subdivision must be paid to the commissioner by January 1 of each year. The fees shall be deposited in the state treasury and credited to the environmental fund.
(d) The fees under this subdivision are exempt from section 16A.1285.
History:
1990 c 560 art 1 s 11; 1992 c 546 s 1; 1993 c 172 s 74; 2003 c 128 art 2 s 35; 1Sp2005 c 1 art 2 s 161
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115D — Toxic Pollution Prevention › Section 115D.14 — Definitions.

115D.14 DEFINITIONS.
Subdivision 1.
Scope.
As used in this section and section 115D.15, the terms defined in this section have the meanings given.
Subd. 2.
Agency.
"Agency" means the Pollution Control Agency.
Subd. 3.
Integrity of aquatic or terrestrial ecosystems.
"Integrity of aquatic or terrestrial ecosystems" means the maintenance of mutually beneficial species of plants and animals and of other natural characteristics so that the biological viability of the ecosystem is ensured.
Subd. 4.
Toxic air contaminant.
"Toxic air contaminant" means an air contaminant that may cause or contribute to an increase in mortality or an increase in a chronic or an acute illness, or which may pose a present or potential hazard to human health or the integrity of aquatic or terrestrial ecosystems.
History:
1993 c 172 s 75
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115D — Toxic Pollution Prevention › Section 115D.15 — Reports To Legislature.

115D.15 REPORTS TO LEGISLATURE.
Subdivision 1.
Initial report.
By January 1, 1995, the agency must submit to the environment and natural resources committees of the legislature a report that includes:
(1) a five-year regulatory strategy to protect the public health and the environment from emissions of toxic air contaminants; and
(2) a list prioritizing and categorizing facilities emitting toxic air contaminants.
Subd. 2.
Continuing reports.
Beginning January 1, 1997, and every two years thereafter, the agency shall submit to the legislative committees with jurisdiction over environment and natural resource issues a report that provides an update of the following:
(1) an analysis of the achievements, shortfalls, and resource needs for implementing the agency's strategy under subdivision 1, clause (1);
(2) an analysis of the data collected from the agency's statewide monitoring and inventory program under section 116.454;
(3) an analysis of reductions in emissions of toxic air contaminants; and
(4) an updated list prioritizing and categorizing facilities emitting toxic air contaminants.
History:
1993 c 172 s 76
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115E — Oil And Hazardous Substance Discharge Preparedness › Section 115E.02 — Duty To Prevent Discharges.

115E.02 DUTY TO PREVENT DISCHARGES.
A person who owns or operates a vessel or facility transporting, storing, or otherwise handling hazardous substances or oil or who is otherwise in control of hazardous substances or oil shall take reasonable steps to prevent the discharge of those materials in a place or manner that might cause pollution of the land, waters, or air of the state or that might threaten the public's safety or health.
History:
1991 c 305 s 2
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115E — Oil And Hazardous Substance Discharge Preparedness › Section 115E.05 — Orders And Injunctions; Enforcement.

115E.05 ORDERS AND INJUNCTIONS; ENFORCEMENT.
Subdivision 1.
Amendment to plan.
If one or more of the commissioners finds the prevention and response plans or preparedness measures of a person do not meet the requirements of this chapter, the commissioner or commissioners making the finding may by order require that reasonable amendments to the plan or reasonable additional preventive or preparedness measures be implemented in a timely fashion. If more than one commissioner makes the finding, the order must be a joint order.
Subd. 2.
Compliance.
If oil or a hazardous substance is discharged while it is under the control of a person not identified in section 115E.03, subdivision 2, any one of the commissioners may by order require the person to comply with the prevention and response plan requirements of sections 115E.03 and 115E.04 in a timely manner if:
(1) land, water, or air of the state is polluted or threatened; or
(2) human life, safety, health, natural resources, or property is damaged or threatened.
Subd. 3.
Financial assurance for response.
(a) For purposes of this subdivision, "ordering commissioner" means:
(1) the commissioner of the Pollution Control Agency;
(2) the commissioner of natural resources;
(3) the commissioner of agriculture; or
(4) two or more of these commissioners acting jointly.
(b) The ordering commissioner may issue an order under this subdivision if the ordering commissioner determines that adequate response is not being made or that other circumstances exist which indicate adequate response will not continue. When ordered by the ordering commissioner the owner or operator of a vessel or facility responsible for the discharge of a hazardous substance or oil shall provide financial assurance acceptable to the ordering commissioner. The financial assurance must be in the amount necessary to cover the reasonable response costs, as determined within one year after discharge by the ordering commissioner, of any additional response that is determined to be reasonable and necessary under applicable laws and regulations.
(c) The ordering commissioner may issue only one financial assurance order under this subdivision for a single incident involving the discharge of hazardous substances or oil.
(d) This subdivision may be enforced by the ordering commissioner under section 115.071.
(e) An order issued under this subdivision shall cease to be effective upon completion of a response in accordance with applicable laws and regulations.
Subd. 4.
Other enforcement powers.
For the purposes of enforcing this chapter, the commissioner of the Pollution Control Agency may exercise the regulatory and enforcement powers in chapters 115 and 116 and the commissioner of the Department of Agriculture may exercise the regulatory and enforcement powers in chapters 18B, 18C, and 18D.
History:
1991 c 305 s 5
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115E — Oil And Hazardous Substance Discharge Preparedness › Section 115E.06 — Good Samaritan.

115E.06 GOOD SAMARITAN.
(a) A person listed in this paragraph who is rendering assistance in response to a discharge of a hazardous substance is not liable for response costs that result from actions taken or failed to be taken in the course of the assistance unless the person is grossly negligent or engages in willful misconduct:
(1) a member of a cooperative or community awareness and emergency response group in compliance with standards in rules adopted by the Pollution Control Agency;
(2) an employee or official of the political subdivision where the response takes place, or a political subdivision that has a mutual aid agreement with that subdivision;
(3) a member or political subdivision sponsor of a hazardous materials incident response team or special chemical assessment team designated by the commissioner of the Department of Public Safety;
(4) a person carrying out the directions of: (i) the commissioner of the Pollution Control Agency, the commissioner of agriculture, the commissioner of natural resources, or the commissioner of public safety; or (ii) the United States Coast Guard or Environmental Protection Agency on-scene coordinator consistent with a national contingency plan under the Oil Pollution Act of 1990; and
(5) a for-hire response contractor.
(b) This section does not exempt from liability responsible persons with respect to the discharge under chapter 115B or 115C or responsible parties with respect to the discharge under chapter 18B or 18D.
History:
1991 c 305 s 6; 1995 c 240 art 2 s 7
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115E — Oil And Hazardous Substance Discharge Preparedness › Section 115E.061 — Responder Immunity; Oil Discharges.

115E.061 RESPONDER IMMUNITY; OIL DISCHARGES.
(a) Notwithstanding any other law, a person who is rendering care, assistance, or advice in response to a discharge or threat of discharge of oil is not liable for response costs or damages that result from actions taken or failed to be taken in the course of rendering the care, assistance, or advice consistent with the national contingency plan under the Oil Pollution Act of 1990, or as otherwise directed by the federal on-scene coordinator, the commissioner of the Pollution Control Agency, the commissioner of agriculture, the commissioner of natural resources, or the commissioner of public safety.
(b) Paragraph (a) does not apply:
(1) to a responsible party;
(2) with respect to personal injury or wrongful death;
(3) if the person rendering assistance is grossly negligent or engages in willful misconduct; or
(4) to a discharge that occurs outside the response area or after the response.
(c) Nothing in this section relieves a responsible party from liability the responsible party otherwise has for the initial discharge or threat of discharge that necessitated the response.
(d) Nothing in this section relieves a responsible party from the following duties:
(1) to take steps to prevent discharges under section 115E.02;
(2) to be prepared for discharges under section 115E.03, subdivision 1; or
(3) duties under section 115.061.
(e) A responsible party is liable for any response costs and damages that another person is relieved of under paragraph (a).
History:
1993 c 341 art 2 s 4; 1995 c 240 art 2 s 8
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115E — Oil And Hazardous Substance Discharge Preparedness › Section 115E.07 — Cooperation Between Private And Public Responders.

115E.07 COOPERATION BETWEEN PRIVATE AND PUBLIC RESPONDERS.
Political subdivisions and state agencies may arrange with persons to provide resources of state and local government so that the persons may comply with section 115E.03, subdivision 4.
History:
1991 c 305 s 7
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115E — Oil And Hazardous Substance Discharge Preparedness › Section 115E.09 — Single Answering Point System.

115E.09 SINGLE ANSWERING POINT SYSTEM.
The commissioner of public safety shall establish a single answering point system for use by persons responsible for reporting emergency incidents and conditions involving hazardous substances or oil to agencies of the state. The single answering point system must include personnel on duty 24 hours a day and equipment adequate to support communication to and from the parties responsible for an incident and all state agencies responsible for state response to the incident. The persons at the answering point must be trained in the jurisdictions, responsibilities, and capabilities of each state agency and basic hazardous substance hazard recognition and response procedures. All state agencies shall cooperate with the commissioner by including the single answering point system telephone number in files, permits, correspondence, and similar written material, and by appointing staff to coordinate the receipt of reports with the staff of the single answering point system.
History:
1991 c 305 s 9
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115E — Oil And Hazardous Substance Discharge Preparedness › Section 115E.11 — Disposition Of Penalties.

115E.11 DISPOSITION OF PENALTIES.
Penalties collected for violations of this chapter or section 115.061 that are related to discharges or threatened discharges of petroleum must be deposited in the state treasury and credited to the petroleum tank release cleanup fund.
History:
1993 c 341 art 2 s 5; 1995 c 254 art 1 s 96
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.01 — Policy.

116.01 POLICY.
To meet the variety and complexity of problems relating to water, air and land pollution in the areas of the state affected thereby, and to achieve a reasonable degree of purity of water, air and land resources of the state consistent with the maximum enjoyment and use thereof in furtherance of the welfare of the people of the state, it is in the public interest that there be established a Pollution Control Agency.
History:
1967 c 882 s 1; 1969 c 1046 s 1
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.02 — Pollution Control Agency; Creation And Powers.

116.02 POLLUTION CONTROL AGENCY; CREATION AND POWERS.
Subdivision 1.
Creation.
A pollution control agency, designated as the Minnesota Pollution Control Agency, is hereby created.
Subd. 2.
[Repealed, 1Sp2015 c 4 art 4 s 150]
Subd. 3.
[Repealed, 1Sp2015 c 4 art 4 s 150]
Subd. 4.
[Repealed, 1Sp2015 c 4 art 4 s 150]
Subd. 5.
Agency successor to commission.
The Pollution Control Agency is the successor of the Water Pollution Control Commission, and all powers and duties now vested in or imposed upon said commission by chapter 115, or any act amendatory thereof or supplementary thereto, are hereby transferred to, imposed upon, and vested in the commissioner of the Pollution Control Agency.
Subd. 6.
[Repealed, 1Sp2015 c 4 art 4 s 150]
Subd. 7.
[Repealed, 1Sp2015 c 4 art 4 s 150]
Subd. 8.
[Repealed, 1Sp2015 c 4 art 4 s 150]
Subd. 9.
[Repealed, 1Sp2015 c 4 art 4 s 150]
Subd. 10.
[Repealed, 1Sp2015 c 4 art 4 s 150]
History:
1967 c 882 s 2; 1969 c 1038 s 1,2; 1973 c 35 s 27; 1976 c 134 s 25-27; 1980 c 509 s 26; 1Sp1981 c 4 art 1 s 73; 1986 c 444; 1995 c 168 s 7; 1996 c 348 s 1; 1996 c 405 s 1-5; 1Sp2015 c 4 art 4 s 114,115
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.04 — Executive Secretary.

116.04 EXECUTIVE SECRETARY.
The commissioner of the Pollution Control Agency is the executive secretary and chief executive officer of the Minnesota Pollution Control Agency and is responsible for performing the executive duties of such agency prescribed by law.
History:
1967 c 882 s 4; 1987 c 186 s 15
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.061 — Air Pollution; Emissions And Abatement.

116.061 AIR POLLUTION; EMISSIONS AND ABATEMENT.
Subdivision 1.
Emission notification required.
(a) A person who controls the source of an emission must notify the agency immediately of excessive or abnormal unpermitted emissions that:
(1) may cause air pollution endangering human health;
(2) may cause air pollution damaging property; or
(3) cause obnoxious odors constituting a public nuisance.
(b) If a person who controls the source of an emission has knowledge of an event that has occurred and that will subsequently cause an emission described in paragraph (a), the person must notify the agency when the event occurs.
Subd. 2.
Abatement required.
A person who is required to notify the agency under subdivision 1 must take immediate and reasonable steps to minimize the emissions or abate the air pollution and obnoxious odors caused by the emissions.
Subd. 3.
Exemption.
The following are exempt from the requirements of subdivisions 1 and 2:
(1) emissions resulting from the activities of public fire services or law enforcement services;
(2) emissions from motor vehicles, as defined in section 169.011, subdivision 42;
(3) emissions from an agricultural operation deemed not a nuisance under section 561.19, subdivision 2; or
(4) emissions from agency regulated sources that are routine or authorized by the agency.
Subd. 4.
Penalty exception.
A person who notifies the agency of emissions under subdivision 1 and who complies with subdivision 2 shall not be subject to criminal prosecution under section 115.071, subdivision 2.
Subd. 5.
Use of notification.
Any notice submitted under subdivision 1 is not admissible in any proceeding as an admission of causation.
History:
1988 c 600 s 1
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.062 — Air Toxics Emissions Reporting.

116.062 AIR TOXICS EMISSIONS REPORTING.
(a) This section applies to facilities that are subject to paragraph (b) and are located in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington.
(b) The commissioner must require owners and operators of a facility issued an air quality permit by the agency, except a facility issued an Option B registration permit under Minnesota Rules, part 7007.1120, to annually report the facility's air toxics emissions to the agency, including a facility not required as a condition of its air quality permit to keep records of air toxics emissions. The commissioner must determine the method to be used by a facility to directly measure or estimate air toxics emissions. The commissioner must amend permits and complete rulemaking, and may enter into enforceable agreements with facility owners and operators, in order to make the reporting requirements under this section enforceable.
(c) For the purposes of this section, "air toxics" means chemical compounds or compound classes that are emitted into the air by a permitted facility and that are:
(1) hazardous air pollutants listed under the federal Clean Air Act, United States Code, title 42, section 7412, as amended;
(2) chemicals reported as released into the atmosphere by a facility located in the state for the Toxic Release Inventory under the federal Emergency Planning and Community Right-to-Know Act, United States Code, title 42, section 11023, as amended;
(3) chemicals for which the Department of Health has developed health-based values or risk assessment advice;
(4) chemicals for which the risk to human health has been assessed by either the federal Environmental Protection Agency's Integrated Risk Information System; or
(5) chemicals reported by facilities in the agency's most recent triennial emissions inventory.
History:
2023 c 60 art 8 s 2
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.071 — Cause Of Action For Abandoning Hazardous Waste On Property Of Another.

116.071 CAUSE OF ACTION FOR ABANDONING HAZARDOUS WASTE ON PROPERTY OF ANOTHER.
(a) If an owner of property on which containers of hazardous waste or material which is hazardous waste is abandoned by another disposes of the waste in compliance with all applicable laws and at the owner's expense, the property owner is entitled to recover from any person responsible for the waste that was abandoned damages of twice the costs incurred for removal, processing, and disposal of the waste, together with the costs and losses that result from the abandonment and court costs. If, before the waste is properly disposed of, the property owner knows the identity and location of a person responsible for the waste that was abandoned, the property owner is not entitled to recover against that person under this section unless:
(1) the property owner requests in writing that the person responsible for the waste that was abandoned remove and properly dispose of the abandoned waste and allows the responsible person 30 days after the request is mailed to remove the waste;
(2) the property owner allows the person responsible for the waste that was abandoned reasonable access to the owner's property to remove the waste within the 30-day period after giving the notice; and
(3) the person responsible for the waste that was abandoned fails to remove all of the waste within the 30-day period.
(b) A person who is purchasing property on a contract for deed is a property owner for the purposes of this section.
History:
1995 c 119 s 1
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.0712 — Modified Level One Feedlot Inventory.

116.0712 MODIFIED LEVEL ONE FEEDLOT INVENTORY.
(a) Except as provided in paragraph (b), a delegated county that has completed a modified level 1 inventory that includes facility location, approximate number of animal units, and whether the facility is an open lot or confinement operation, may report that information to the agency in aggregate. A feedlot that is included in an inventory meeting these criteria has satisfied registration requirements under agency rule.
(b) A county must submit to the agency the complete registration information for a feedlot having 1,000 animal units or greater or a feedlot meeting the definition of a concentrated animal feeding operation as defined in Code of Federal Regulations, title 40, section 122.23.
History:
2001 c 128 s 3
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.0713 — Livestock Odor.

116.0713 LIVESTOCK ODOR.
(a) The Pollution Control Agency must:
(1) monitor and identify potential livestock facility violations of the state ambient air quality standards for hydrogen sulfide, using a protocol for responding to citizen complaints regarding feedlot odor and its hydrogen sulfide component, including the appropriate use of portable monitoring equipment that enables monitoring staff to follow plumes;
(2) when livestock production facilities are found to be in violation of ambient hydrogen sulfide standards, take appropriate actions necessary to ensure compliance, utilizing appropriate technical assistance and enforcement and penalty authorities provided to the agency by statute and rule.
(b) Livestock production facilities are exempt from state ambient air quality standards while manure is being removed and for seven days after manure is removed from barns or manure storage facilities.
(c) For a livestock production facility having greater than 300 animal units, the maximum cumulative exemption in a calendar year under paragraph (b) is 21 days for the removal process.
(d) The operator of a livestock production facility that claims exemption from state ambient air quality standards under paragraph (b) must provide notice of that claim to either the Pollution Control Agency or the county feedlot officer delegated under section 116.07.
(e) State ambient air quality standards are applicable at the property boundary of a farm or a parcel of agricultural land on which a livestock production facility is located, except that if the owner or operator of the farm or parcel obtains an air quality easement from the owner of land adjoining the farm or parcel, the air quality standards must be applicable at the property boundary of the adjoining land to which the easement pertains. The air quality easement must be for no more than five years, must be in writing, and must be available upon request by the agency or the county feedlot officer. Notwithstanding the provisions of this paragraph, state ambient air quality standards are applicable at locations to which the general public has access. The "general public" does not include employees or other categories of people who have been directly authorized by the property owner to enter or remain on the property for a limited period of time and for a specific purpose, or trespassers.
(f) The agency may not require air emission modeling for a type of livestock system that has not had a hydrogen sulfide emission violation.
History:
1997 c 216 s 115; 2000 c 435 s 6
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.0715 — Limit On Basis For Action.

116.0715 LIMIT ON BASIS FOR ACTION.
The agency shall not issue or deny a permit or amendment or impose control requirements based solely on computer models projecting compliance or noncompliance with the secondary particulate matter standard.
History:
1996 c 409 s 1
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.0716 — Rule Variance.

116.0716 RULE VARIANCE.
The Pollution Control Agency may issue a permit without regard to the maximum annual geometric mean standards for particulate matter or the primary maximum 24 hour concentrate standard for particulate matter.
History:
1996 c 409 s 2
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.0717 — Minerals Deposition.

116.0717 MINERALS DEPOSITION.
Notwithstanding rules prohibiting discharge of waste into saturated zones or rules governing variance procedures, the Pollution Control Agency may issue a permit for deposition of fine tailings from minerals processing facilities into mine pits provided the proposer demonstrates through an environmental impact statement and risk assessment that the deposition will not pose an unreasonable risk of pollution or degradation of groundwater.
History:
1996 c 407 s 56; 2004 c 157 s 1
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.074 — Notice Of Permit Conditions To Local Governments.

116.074 NOTICE OF PERMIT CONDITIONS TO LOCAL GOVERNMENTS.
Before the agency grants a permit for a solid waste facility, allows a significant alteration of permit conditions or facility operation, or allows the change of a facility permittee, the commissioner must notify the county and town where the facility is located, contiguous counties and towns, and all home rule charter and statutory cities within the contiguous townships. If a local government unit requests a public meeting within 30 days after being notified, the agency must hold at least one public meeting in the area near the facility before granting the permit, allowing the alterations in the permit conditions or facility operation, or allowing the change of the facility permittee.
History:
1988 c 685 s 24
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.075 — Hearings And Records Public.

116.075 HEARINGS AND RECORDS PUBLIC.
Subdivision 1.
Public records.
All hearings conducted by the Pollution Control Agency pursuant to sections 103F.701 to 103F.755 and chapters 115 and 116 shall be open to the public, and the transcripts thereof are public records. All final records, studies, reports, orders, and other documents prepared in final form by order of, or for the consideration of, the agency, are public records. Any documents designated as public records by this section may be inspected by members of the public at all reasonable hours and places under such rules as the agency shall promulgate.
Subd. 2.
Confidential records; conditions; exceptions.
Any records or other information obtained by the Pollution Control Agency or furnished to the agency by the owner or operator of one or more air contaminant or water or land pollution sources which are certified by said owner or operator, and said certification, as it applies to water pollution sources, is approved in writing by the commissioner, to relate to (a) sales figures, (b) processes or methods of production unique to the owner or operator, or (c) information which would tend to affect adversely the competitive position of said owner or operator, shall be only for the confidential use of the agency in discharging its statutory obligations, unless otherwise specifically authorized by said owner or operator. Provided, however that all such information may be used by the agency in compiling or publishing analyses or summaries relating to the general condition of the state's water, air and land resources so long as such analyses or summaries do not identify any owner or operator who has so certified. Notwithstanding the foregoing, the agency may disclose any information, whether or not otherwise considered confidential which it is obligated to disclose in order to comply with federal law and regulations, to the extent and for the purpose of such federally required disclosure.
History:
1971 c 887 s 1; 1973 c 374 s 20; 1985 c 248 s 70; 1987 c 186 s 15; 1990 c 391 art 10 s 3; 2011 c 107 s 107
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.081 — Prohibitions; Air Contaminant And Waste Facilities And Systems.

116.081 PROHIBITIONS; AIR CONTAMINANT AND WASTE FACILITIES AND SYSTEMS.
Subdivision 1.
Permit required.
It shall be unlawful for any person to construct, install or operate an emission facility, air contaminant treatment facility, treatment facility, potential air contaminant storage facility, storage facility, or system or facility related to the collection, transportation, storage, processing, or disposal of waste, or any part thereof unless otherwise exempted by any agency rule now in force or hereinafter adopted, until plans therefor shall have been submitted to the agency, and a written permit therefor shall have been granted by the agency. The requirements of this section shall not be applied to motor vehicles.
Subd. 2.
Permits previously issued.
Any permit authorized by section 116.07, subdivision 4a issued prior to June 8, 1971, and any rule which required said prior permit, shall be valid and remain enforceable subject, however, to the right of the agency to modify or revoke said permit or amend said rule in the same manner as other permits and rules.
Subd. 3.
Permission for alteration.
It shall be unlawful for any person to make any change in, addition to or extension of any existing system or facility specified in subdivision 1, or part thereof, that would materially alter the method or the effect of treating or disposing of any air contaminant or solid waste, or to operate said system or facility, or part thereof, so changed, added to, or extended until plans therefor shall have been submitted to the agency, and a written permit therefor shall have been granted by the agency.
History:
1971 c 904 s 2; 1974 c 483 s 8; 1980 c 564 art 11 s 11; 1985 c 248 s 70
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.082 — Burning Leaves; Local Ordinances.

116.082 BURNING LEAVES; LOCAL ORDINANCES.
Subject to sections 88.16, 88.17 and 88.22, but notwithstanding any law or rule to the contrary, a town or home rule charter or statutory city located outside the metropolitan area as defined in section 473.121, subdivision 2, by adoption of an ordinance, may permit the open burning of dried leaves within the boundaries of the town or city. The ordinance shall limit leaf burning to the period between September 15 and December 1 and shall set forth limits and conditions on leaf burning to minimize air pollution and fire danger and any other hazards or nuisance conditions. No open burning of leaves shall take place during an air pollution alert, warning or emergency declared by the agency. Any town or city adopting an ordinance pursuant to this section shall submit a copy of the ordinance to the agency and the Department of Natural Resources.
History:
1982 c 569 s 37
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.091 — Systems And Facilities.

116.091 SYSTEMS AND FACILITIES.
Subdivision 1.
Information.
Any person operating any emission system or facility specified in chapter 114C or section 116.081, subdivision 1, when requested by the Pollution Control Agency, shall furnish to it any information which that person may have which is relevant to pollution or the rules or provisions of this chapter.
Subd. 2.
Examining records.
The agency or any employee or agent thereof, when authorized by it, may examine any books, papers, records or memoranda pertaining to the operation of any system or facility specified in subdivision 1.
Subd. 3.
Access to premises.
Whenever the agency deems it necessary for the purposes of this chapter or chapter 114C, the agency or any member, employee, or agent thereof, when authorized by it, may enter upon any property, public or private, for the purpose of obtaining information or conducting surveys or investigations.
History:
1971 c 904 s 3; 1985 c 248 s 70; 1986 c 444; 1996 c 437 s 22,23
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.10 — Policy; Long-range Plan; Purpose.

116.10 POLICY; LONG-RANGE PLAN; PURPOSE.
Consistent with the policy announced herein and the purposes of Laws 1963, chapter 874, the Pollution Control Agency shall prepare a long-range plan and program for the effectuation of said policy.
History:
1969 c 1046 s 10; 1Sp1981 c 4 art 2 s 12; 2012 c 272 s 74
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.101 — Hazardous Waste; Control And Spill Contingency Plan.

116.101 HAZARDOUS WASTE; CONTROL AND SPILL CONTINGENCY PLAN.
(a) The Pollution Control Agency shall study and investigate the problems of hazardous waste control and shall develop a statewide hazardous waste spill contingency plan detailing the location of hazardous waste facilities and storage sites throughout the state and the needs relative to the interstate transportation of hazardous waste.
(b) The statewide hazardous waste spill contingency plan shall be incorporated into the statewide hazardous waste management plans of the Pollution Control Agency. The Pollution Control Agency shall develop an informational reporting system of hazardous waste quantities generated, processed, and disposed of in the state.
History:
1974 c 346 s 5; 1980 c 564 art 11 s 12; 1989 c 335 art 1 s 269; 1991 c 199 art 2 s 1; 1995 c 247 art 2 s 54; 1Sp2005 c 1 art 2 s 161
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.11 — Emergency Powers.

116.11 EMERGENCY POWERS.
If there is imminent and substantial danger to the health and welfare of the people of the state, or of any of them, as a result of the pollution of air, land, or water, the agency may by emergency order direct the immediate discontinuance or abatement of the pollution without notice and without a hearing or at the request of the agency, the attorney general may bring an action in the name of the state in the appropriate district court for a temporary restraining order to immediately abate or prevent the pollution. The agency order or temporary restraining order shall remain effective until notice, hearing, and determination pursuant to other provisions of law, or, in the interim, as otherwise ordered. A final order of the agency in these cases shall be appealable in accordance with chapter 14.
History:
1969 c 1046 s 11; 1973 c 374 s 21; 1982 c 424 s 130; 1983 c 247 s 52
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.125 — Notification Of Fee Increases.

116.125 NOTIFICATION OF FEE INCREASES.
Before the Pollution Control Agency adopts a fee increase to cover an unanticipated shortfall in revenues, the commissioner shall give written notice of the proposed increase to the chairs of the senate Committee on Finance, the house of representatives Committee on Ways and Means, the senate and house of representatives committees having jurisdiction over environment and natural resources, and the senate and house of representatives committees having jurisdiction over environment and natural resources finance.
History:
1995 c 220 s 106; 1Sp2005 c 1 art 2 s 161
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.14 — Hazardous Waste Facilities; Liability Of Guarantor.

116.14 HAZARDOUS WASTE FACILITIES; LIABILITY OF GUARANTOR.
(a) If the owner or operator of a hazardous waste facility is in bankruptcy, reorganization, or arrangement under the Federal Bankruptcy Code or if jurisdiction in any state or federal court cannot with reasonable diligence be obtained over an owner or operator likely to be solvent at the time of judgment, a person having a claim arising from conduct for which evidence of financial responsibility must be provided under the rules adopted under section 116.07, subdivision 4b, may bring the claim directly against the guarantor providing the evidence of financial responsibility.
(b) For the purposes of this section, "guarantor" means any person other than the owner or operator who provides evidence of financial responsibility for that owner or operator.
(c) In an action against a guarantor under this section, the guarantor is entitled to invoke the rights and defenses that would have been available to the owner or operator if the action had been brought against the owner or operator and that would have been available to the guarantor if an action had been brought against the guarantor by the owner or operator.
(d) In an action under this section, the total liability of a guarantor is limited to the aggregate amount that the guarantor has provided as evidence of financial responsibility to the owner or operator under the rules.
(e) Nothing in this section shall be construed to limit any other state or federal statutory, contractual, or common law liability of a guarantor to its owner or operator including the liability of the guarantor for bad faith either in negotiating or in failing to negotiate the settlement of any claim. Nothing in this section shall be construed to diminish the liability of any person under chapter 115B or the federal Superfund Act, United States Code, title 42, section 9601 et seq., or other applicable law.
History:
1987 c 391 s 1
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.163 — Agency Review; Financial Assistance And Bids.

116.163 AGENCY REVIEW; FINANCIAL ASSISTANCE AND BIDS.
Subdivision 1.
Construction grants and loans; applications.
The agency shall, pursuant to agency rules and within 90 days of receipt of a completed application for a wastewater treatment facility construction grant or loan, grant or deny the application and notify the municipality of the agency's decision. The time for consideration of the application by the agency may be extended up to 180 days if the municipality and the agency agree it is necessary.
Subd. 2.
Planning time limited.
A municipality shall complete all planning work required by the agency for award of a grant or loan, and be ready to advertise for bids for construction, within two years of receipt of grant or loan funds under subdivision 1. The planning time may be extended automatically by the amount of time the agency exceeds its 90-day review under subdivision 1.
Subd. 3.
Bid review.
After a municipality has accepted bids for construction of a wastewater treatment project, the agency must review the bids within 30 days of receipt.
History:
1986 c 465 art 3 s 4
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.165 — Inspection Responsibility.

116.165 INSPECTION RESPONSIBILITY.
When a wastewater treatment plant is constructed with federal funds and a federal agency conducts inspections of the plant, the owner of the plant or the owner's designee must conduct inspections and forward all inspection documents required by the agency to the agency for its review.
History:
1986 c 465 art 3 s 5
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.195 — Beneficial Use Of Wastewater And Stormwater; Capital Grants For Demonstration Projects.

116.195 BENEFICIAL USE OF WASTEWATER AND STORMWATER; CAPITAL GRANTS FOR DEMONSTRATION PROJECTS.
Subdivision 1.
Definitions.
(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.
Subd. 2.
Grants for capital project design.
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.
Subd. 3.
Grants for capital project implementation.
(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.
Subd. 4.
Application form; procedures.
The agency shall develop an application form and procedures.
Subd. 5.
[Repealed, 2014 c 248 s 19]
History:
2008 c 179 s 37; 1Sp2011 c 6 art 2 s 22