reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116A — Public Water And Sewer Systems › Section 116A.10 — Engineer's Survey And Examination.

116A.10 ENGINEER'S SURVEY AND EXAMINATION.
Upon the filing of the order calling for a detailed survey, the engineer shall prepare the complete set of plans, specifications and estimates of cost, and shall make a complete report in duplicate of the work and recommendations to the board or court, including therein all maps and profiles, and shall file the report with the auditor or court administrator. If the report is filed with the court administrator, a complete copy also shall be filed with the auditor of each county affected. After final acceptance of the system, the engineer shall make revisions of the plan, profiles and designs of structures to show the project as actually constructed on the original tracings, and shall file the revisions in duplicate with the auditor or court administrator. When more economical construction will result, the engineer may recommend that the work be divided into sections and let separately, and may recommend the time and manner in which the work or any section shall be done.
History:
1971 c 916 s 10; 1986 c 444; 1Sp1986 c 3 art 1 s 82
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116A — Public Water And Sewer Systems › Section 116A.11 — Viewers; Appointment; Qualification.

116A.11 VIEWERS; APPOINTMENT; QUALIFICATION.
Subdivision 1.
Appointment.
Following the filing of the order for a detailed survey the board or court shall make an order appointing as viewers three disinterested resident landowners of the county or counties affected.
Subd. 2.
Qualification.
Within 30 days after the filing of the final report and survey of the engineer, the auditor or court administrator shall make an order designating the time and place of the first meeting of the viewers and shall issue to the viewers a certified copy of the order appointing them and the order designating the time and place of their first meeting. At the meeting and before entering upon their duties, the viewers shall take and subscribe an oath to faithfully perform their duties.
Subd. 3.
Failure to qualify.
If any viewer shall fail to qualify at the meeting, the auditor or court shall designate some other qualified person to take that viewer's place.
Subd. 4.
Viewers; duties.
The viewers, with or without the engineer, shall estimate damages to all lands and properties affected by the proposed system and shall report their findings. The report shall show in tabular form the description of each lot and tract, or fraction thereof, under separate ownership, damaged and the names of the owners as the same appear on the current tax duplicate of the county. Estimated damages shall be reported on all lands owned by the state the same as upon taxable lands. The viewers shall report all estimated damages that will result to all railways and other utilities, including lands and property used for railway or other utility purposes. In case the viewers are unable to agree, each viewer shall state separately that viewer's findings on any matter disagreed upon. A majority of the viewers shall be competent to perform the duties required of them by sections 116A.01 to 116A.26.
Subd. 5.
Filing viewers' report.
Upon the completion of their work, the viewers shall file their report with the auditor or court administrator. They shall file with the report a detailed statement showing the actual time they were engaged and expenses incurred and shall be reimbursed at such a rate as determined by the board or court. The viewers shall perform their duties and make their report at the earliest possible date following their first meeting. If the report be filed with the court administrator, a copy thereof shall also be filed with the auditor of each county affected.
History:
1971 c 916 s 11; 1977 c 442 s 8; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 2004 c 228 art 2 s 2
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116A — Public Water And Sewer Systems › Section 116A.14 — Procedure When Contract Not Let.

116A.14 PROCEDURE WHEN CONTRACT NOT LET.
Subsequent to the establishment of any water or sewer system, if no bids are received except for a price more than 30 percent in excess of the engineer's estimate proceedings may be had as follows:
(a) If it shall appear to the persons interested in said system that the engineer made an error in the estimate or that the plans and specifications could be changed in a manner materially affecting the cost of the improvements without interfering with the efficiency thereof, then any of said persons may petition the board or court so stating and asking that an order be made reconsidering and rescinding the order theretofore made establishing the system, and that the engineer's and viewers' reports be referred back to the engineer and to the viewers for further consideration.
(b) Upon presentation of such petition, the board or court shall order a hearing, therein designating the time and place for hearing, and cause notice thereof to be given by publication in the same newspapers where the notice of final hearing was theretofore published.
(c) At the time and place specified in the order and notice, the board or court shall consider the petition and hear all interested parties.
(d) Upon said hearing, if it shall appear that the engineer's original estimate was erroneous and should be corrected, or that the plans and specifications could be changed in a manner materially affecting the cost of the improvement without interfering with the efficiency thereof, and further, that upon said correction or modification, a contract could be let within the 30 percent limitation then the board or court may, by order, authorize the engineer to amend the report. If the changes recommended by the engineer in any manner affect the amount of damages to any property, the viewers' report shall be referred back to the viewers to reexamine the damages and report the same to the board or court.
(e) The board or court may continue the hearing to give the engineer or the viewers additional time for the making of their amended reports and in such case the jurisdiction of the board or court shall continue in all respects at the adjourned hearing.
(f) Upon said hearing the board or court shall have full authority to reopen the original order establishing said system, and to set said order aside, and to consider the amended engineer's report and the amended viewers' report, if any, and to make findings and an order thereon the same as is provided in section 116A.12. All proceedings thereafter taken shall be the same as is provided upon the original findings and order of the board or court.
History:
1971 c 916 s 14; 1986 c 444
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116A — Public Water And Sewer Systems › Section 116A.15 — Contract And Bond.

116A.15 CONTRACT AND BOND.
Subdivision 1.
Provisions.
The contract and bond to be executed and furnished by the contractor shall be attached. The contract shall contain the specific description of the work to be done, either expressly or by reference to the plans and specifications, and shall provide that the work shall be done and completed as provided in the plans and specifications and subject to the inspection and approval of the engineer. The county attorney, the engineer, and the attorney for the petitioners shall prepare the contract and bond. The contractor shall make and file with the auditor or court administrator a bond, with good and sufficient surety, to be approved by the auditor or court administrator, in a sum not less than 100 percent of the contract price of the work. Every such contract and bond shall embrace all the provisions required by sections 116A.01 to 116A.26 and provided by law for bonds given by contractors for public works, and shall be conditioned as provided by statute in case of public contractors for the better security of the contracting county or counties and of parties performing labor and furnishing material in and about the performance of the contract. The bond shall provide that the bonding agents shall be liable for all damages resulting from any such failure, whether the work be resold or not, and that any person or corporation, public or private, showing itself injured by such failure, may maintain an action upon such bond in its own name, and actions may be successive in favor of all persons so injured; provided, however, that the aggregate liability of the surety for all such damages shall in no event exceed the amount of said bond. Such contractor shall be considered a public officer, and such bond an official bond within the meaning of the statutory provisions construing the official bonds of public officers as security to all persons, and providing for actions on such bonds by any injured party.
Subd. 2.
Changes during construction.
The contract shall give the engineer the right, with the consent of the board or court, to modify the reports, plans and specifications as the work proceeds and as circumstances may require. It shall provide that the increased cost resulting from such changes will be paid by the county to the contractor at not to exceed the price for like work in the contract. No change shall be made that will substantially impair the usefulness of any part of the water or sewer system or substantially alter its original character, or will increase its total cost by more than ten percent of the total original contract price, unless determined by the board or court to be necessary to complete the system described in the original plans and specifications in such manner as to make it usable for the purpose contemplated.
History:
1971 c 916 s 15 subds 1,2; 1973 c 322 s 9,10; 1986 c 444; 1Sp1986 c 3 art 1 s 82
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116A — Public Water And Sewer Systems › Section 116A.16 — Apportioning Cost.

116A.16 APPORTIONING COST.
The cost of any water or sewer or combined system and of any improvement or extension thereof, or any part of such cost, may be assessed upon property benefited thereby, based upon the benefits received, whether or not the property abuts on the improvement. If less than all of the cost is assessed, the remainder, including the principal of and interest on all bonds issued to pay the cost, shall be paid or reimbursed to the county or counties paying it from the net revenues from time to time received, in excess of the current costs of operating and maintaining the system, from the establishment and collection of charges for connection to the system and for service furnished and made available by it to any person, firm, corporation, or political subdivision or from any federal or state grant moneys, or from any combination of these receipts.
History:
1971 c 916 s 16; 1973 c 322 s 11; 1977 c 442 s 9
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116A — Public Water And Sewer Systems › Section 116A.18 — Supplemental Assessments; Reassessment.

116A.18 SUPPLEMENTAL ASSESSMENTS; REASSESSMENT.
Subdivision 1.
Supplemental assessments.
The county board or court may make supplemental assessments to correct omissions, errors, or mistakes in the assessment relating to the total cost of the improvement or any other particular, or whenever it is ascertained that the collections of special assessments and interest thereon, together with the net revenues of the system, are not sufficient to pay all bonds issued to finance the system and interest thereon when due. A supplemental assessment shall be preceded by personal or mailed notice to the owner of each parcel included in the supplemental assessment and a hearing as provided for the original assessment.
Subd. 2.
Reassessment.
When an assessment is, for any reason, set aside by a court of competent jurisdiction as to any parcel or parcels of land, or in event the board or court finds that the assessment or any part thereof is excessive, or determines on advice of the county attorney that the assessment or proposed assessment or any part thereof is or may be invalid for any reason, the board or court may, upon notice and hearing as provided for the original assessment, make a reassessment or a new assessment as to such parcel or parcels.
Subd. 3.
Reapportionment upon land division.
When a tract of land against which a special assessment has been levied is thereafter divided or subdivided by plat or otherwise, the board or court may, on application of the owner of any part of the tract or on its own motion equitably apportion among the various lots or parcels in the tract all the installments of the assessment against the tract remaining unpaid and not then due if it determines that such apportionment will not materially impair collection of the unpaid balance of the original assessment against the tract. The board or court may, and if the special assessment has been pledged to the payment of improvement warrants shall, require the owner or owners, as a condition of such apportionment, to furnish a satisfactory surety bond fully protecting the county against any loss resulting from failure to pay any part of the reapportionment assessment when due. Notice of such apportionment and of the right to appeal shall be mailed to or personally served upon all owners of any part of the tract. Within 30 days after the mailing or service of the notice of such apportionment any such owner may appeal as provided in section 116A.19.
History:
1971 c 916 s 18; Ex1971 c 20 s 10; 1973 c 322 s 15
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116A — Public Water And Sewer Systems › Section 116A.21 — Emergency Certificates Of Indebtedness.

116A.21 EMERGENCY CERTIFICATES OF INDEBTEDNESS.
If in any budget year the receipts of revenues of the system should from some unforeseen cause become insufficient to pay current expenses of the operation, maintenance, or debt service of the system, or if any calamity or other public emergency should cause the necessity of making extraordinary expenditures, the board may make an emergency appropriation of an amount sufficient to meet the deficiency and may authorize the issuance, negotiation, and sale of certificates of indebtedness in this amount. The board shall forthwith levy on all taxable property subject to special assessment for the system a tax sufficient to pay the certificates and interest thereon, and shall appropriate all collections of such tax to a special fund created for that purpose. The certificates may mature not later than April in the year following the year in which the tax is collectible. Emergency certificates of indebtedness shall be a general obligation of the county, and may be refunded by the issuance of bonds pursuant to section 116A.20, if the board determines that payment thereof in one year would place an undue burden upon property assessable for the system and that net revenues of the system will be sufficient to pay the refunding bonds as well as outstanding bonds and interest thereon when due.
History:
1971 c 916 s 21; 1973 c 322 s 20
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116A — Public Water And Sewer Systems › Section 116A.22 — Service Charges; Special Assessment Against Benefited Property.

116A.22 SERVICE CHARGES; SPECIAL ASSESSMENT AGAINST BENEFITED PROPERTY.
Charges established for connections to and the use and availability of service from any water or sewer or combined system, if not paid when due, shall, together with any penalties established for nonpayment, become a lien upon the property connected or for which service was made available. On or before July 1 in each year written notice shall be mailed to the owner of any property as to which such charges are then due and unpaid, stating the amount of the charges and any penalty thereon and that unless paid by October 1 thereafter, or unless a hearing is desired on the question whether such amount and penalty is properly due and payable, the same will be certified, extended, and assessed as a tax or special assessment upon the property for collection with and as a part of other taxes in the following year. Any property owner requesting notice shall be notified of the time and place of such hearing, and the county board, or the commission appointed pursuant to section 116A.24 shall then hear all matters presented by the owner and determine the amount and penalty, if any, which is properly due and payable, and shall cause the same to be certified, extended, and assessed as stated in the notice. The county board or the commission may also provide by resolution for discontinuance of water services to any premises in the event of nonpayment of charges for any water or sewer service provided to the premises, upon reasonable notice to the owner and opportunity for hearing upon any claim that the charges are not properly due and payable.
History:
1971 c 916 s 22; Ex1971 c 48 s 45; 1973 c 322 s 21; 1986 c 444
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116A — Public Water And Sewer Systems › Section 116A.23 — Authority To Accept Gifts And Grants.

116A.23 AUTHORITY TO ACCEPT GIFTS AND GRANTS.
The county boards may accept gifts, may apply for and accept grants or loans of money or other property from the United States, the state, or any person for purposes of constructing, operating and maintaining a water or sewer or combined system, may enter into any agreement required in connection therewith, and may hold, use, and dispose of such money or property in accordance with the terms of the gift, grant, loan or agreement relating thereto.
History:
1971 c 916 s 23
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116A — Public Water And Sewer Systems › Section 116A.25 — Property Exempt From Taxation.

116A.25 PROPERTY EXEMPT FROM TAXATION.
Any properties, real or personal, owned, leased, controlled, used, or occupied by a water or sewer or water and sewer commission or board for any purpose referred to in sections 116A.01 to 116A.26 are declared to be acquired, owned, leased, controlled, used and occupied for public, governmental, and municipal purposes, and shall be exempt from taxation by the state or any political subdivision of the state, except to the extent that the property is subject to the sales and use tax under chapter 297A, provided that such properties shall be subject to special assessments levied by a political subdivision for a local improvement in amounts proportionate to and not exceeding the special benefit received by the properties from such improvement. No possible use of any such properties in any manner different from their use as part of a distribution or disposal system at the time shall be considered in determining the special benefit received by such properties. All such assessments shall be subject to final confirmation by the county board or boards in whose jurisdiction the system is constructed and whose determination of the benefits shall be conclusive upon the political subdivision levying the assessment.
History:
1971 c 916 s 25; 1983 c 213 s 4; 2000 c 418 art 2 s 2
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116A — Public Water And Sewer Systems › Section 116A.26 — Conforming With Other Law.

116A.26 CONFORMING WITH OTHER LAW.
No action taken under sections 116A.01 to 116A.26 shall be inconsistent with sections 103F.701 to 103F.755 or chapter 115 or 116, or lawful standards, rules, orders or permits promulgated or issued thereunder.
History:
1971 c 916 s 27; 1985 c 248 s 70; 1990 c 391 art 10 s 3; 2011 c 107 s 107
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116B — Environmental Rights › Section 116B.01 — Purpose.

116B.01 PURPOSE.
The legislature finds and declares that each person is entitled by right to the protection, preservation, and enhancement of air, water, land, and other natural resources located within the state and that each person has the responsibility to contribute to the protection, preservation, and enhancement thereof. The legislature further declares its policy to create and maintain within the state conditions under which human beings and nature can exist in productive harmony in order that present and future generations may enjoy clean air and water, productive land, and other natural resources with which this state has been endowed. Accordingly, it is in the public interest to provide an adequate civil remedy to protect air, water, land and other natural resources located within the state from pollution, impairment, or destruction.
History:
1971 c 952 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116B — Environmental Rights › Section 116B.02 — Definitions.

116B.02 DEFINITIONS.
Subdivision 1.
Scope.
For purposes of sections 116B.01 to 116B.13, the following terms have the meanings given them in this section.
Subd. 2.
Person.
"Person" means any natural person, any state, municipality or other governmental or political subdivision or other public agency or instrumentality, any public or private corporation, any partnership, firm, association, or other organization, any receiver, trustee, assignee, agent, or other legal representative of any of the foregoing, and any other entity, except a family farm, a family farm corporation or a bona fide farmer corporation.
Subd. 3.
Nonresident individual.
"Nonresident individual" means any natural person, or the personal representative of the person, who is not domiciled or residing in the state when suit is commenced.
Subd. 4.
Natural resources.
"Natural resources" shall include, but not be limited to, all mineral, animal, botanical, air, water, land, timber, soil, quietude, recreational and historical resources. Scenic and esthetic resources shall also be considered natural resources when owned by any governmental unit or agency.
Subd. 5.
Pollution, impairment, or destruction.
"Pollution, impairment, or destruction" is any conduct by any person which violates, or is likely to violate, any environmental quality standard, limitation, rule, order, license, stipulation agreement, or permit of the state or any instrumentality, agency, or political subdivision thereof which was issued prior to the date the alleged violation occurred or is likely to occur or any conduct which materially adversely affects or is likely to materially adversely affect the environment; provided that "pollution, impairment, or destruction" shall not include conduct which violates, or is likely to violate, any such standard, limitation, rules, order, license, stipulation agreement or permit solely because of the introduction of an odor into the air.
Subd. 6.
Family farm.
"Family farm" shall mean any farm owned by a natural person, or one or more natural persons all of whom are related within the third degree of kindred according to the civil law, at least one of whose owners resides on or actively operates said farm.
Subd. 7.
Family farm corporation.
"Family farm corporation" means a corporation founded for the purpose of farming and owning agricultural land, in which the majority of the voting stock is held by, and the majority of the stockholders are, members of a family related to each other within the third degree of kindred according to the rules of the civil law, and at least one of whose stockholders is a person residing on or actively operating the farm, and none of whose stockholders are corporations.
Subd. 8.
Bona fide farmer corporation.
"Bona fide farmer corporation" means an association of two or more natural persons, one of which, if two persons are so associated, or the majority of which, if more than two persons are so associated, reside on, or are actively operating a farm.
History:
1971 c 952 s 2; 1985 c 248 s 70; 1986 c 444
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116B — Environmental Rights › Section 116B.04 — Burden Of Proof.

116B.04 BURDEN OF PROOF.
(a) In any action maintained under section 116B.03, where the subject of the action is conduct governed by any environmental quality standard, limitation, rule, order, license, stipulation agreement, or permit promulgated or issued by the Pollution Control Agency, Department of Natural Resources, Department of Health, or Department of Agriculture, whenever the plaintiff shall have made a prima facie showing that the conduct of the defendant violates or is likely to violate said environmental quality standard, limitation, rule, order, license, stipulation agreement, or permit, the defendant may rebut the prima facie showing by the submission of evidence to the contrary; provided, however, that where the environmental quality standards, limitations, rules, orders, licenses, stipulation agreements, or permits of two or more of the aforementioned agencies are inconsistent, the most stringent shall control.
(b) In any other action maintained under section 116B.03, whenever the plaintiff shall have made a prima facie showing that the conduct of the defendant has, or is likely to cause the pollution, impairment, or destruction of the air, water, land or other natural resources located within the state, the defendant may rebut the prima facie showing by the submission of evidence to the contrary. The defendant may also show, by way of an affirmative defense, that there is no feasible and prudent alternative and the conduct at issue is consistent with and reasonably required for promotion of the public health, safety, and welfare in light of the state's paramount concern for the protection of its air, water, land and other natural resources from pollution, impairment, or destruction. Economic considerations alone shall not constitute a defense hereunder.
History:
1971 c 952 s 4; 1985 c 248 s 70
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116B — Environmental Rights › Section 116B.05 — Appointing Referee.

116B.05 APPOINTING REFEREE.
The court may appoint a referee, who shall be a disinterested person to take testimony and make a report to the court in any such action.
History:
1971 c 952 s 5
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116B — Environmental Rights › Section 116B.06 — Bond.

116B.06 BOND.
If the court has reasonable grounds to doubt the plaintiff's ability to pay any judgment for costs and disbursements which might be rendered against that plaintiff pursuant to chapter 549, in an action brought under section 116B.03, the court may order the plaintiff to post a bond or cash not to exceed $500 to serve as security for such judgment.
History:
1971 c 952 s 6; 1986 c 444
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116B — Environmental Rights › Section 116B.07 — Relief.

116B.07 RELIEF.
The court may grant declaratory relief, temporary and permanent equitable relief, or may impose such conditions upon a party as are necessary or appropriate to protect the air, water, land or other natural resources located within the state from pollution, impairment, or destruction. When the court grants temporary equitable relief, it may require the plaintiff to post a bond sufficient to indemnify the defendant for damages suffered because of the temporary relief, if permanent relief is not granted.
History:
1971 c 952 s 7
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116B — Environmental Rights › Section 116B.08 — Remittitur.

116B.08 REMITTITUR.
Subdivision 1.
When applicable.
If administrative, licensing, or other similar proceedings are required to determine the legality of the defendants' conduct, the court shall remit the parties to such proceedings. If administrative, licensing, or other similar proceedings are available to determine the legality of the defendants' conduct, the court may remit the parties to such proceedings. In so remitting the parties the court may grant temporary equitable relief where appropriate to prevent irreparable injury to the air, water, land or other natural resources located within the state. In so remitting the parties the court shall retain jurisdiction of the cause pending completion thereof.
Subd. 2.
Applicability of results.
Upon completion of such proceedings, the court shall adjudicate the impact of the defendants' conduct, program, or product on the air, water, land, or other natural resources located within the state in accordance with the preceding sections 116B.02 to 116B.07. In such adjudication, the court may order that additional evidence be taken to the extent necessary to protect the rights recognized in sections 116B.01 to 116B.13.
Subd. 3.
Review.
Where, as to any such administrative, licensing, or other similar proceedings referred to above, judicial review thereof is available, notwithstanding any other provisions of law to the contrary, the court originally taking jurisdiction shall maintain jurisdiction for purposes of judicial review.
Subd. 4.
State action not reviewable.
Nothing in this section shall be applicable to any action maintained under section 116B.10 or to any appropriate administrative proceeding required thereunder.
History:
1971 c 952 s 8
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116B — Environmental Rights › Section 116B.09 — Intervention; Judicial Review.

116B.09 INTERVENTION; JUDICIAL REVIEW.
Subdivision 1.
Intervention.
Except as otherwise provided in section 116B.10, in any administrative, licensing, or other similar proceeding, and in any action for judicial review thereof which is made available by law, any natural person residing within the state, the attorney general, any political subdivision of the state, any instrumentality or agency of the state or of a political subdivision thereof, or any partnership, corporation, association, organization or other legal entity having shareholders, members, partners, or employees residing within the state shall be permitted to intervene as a party upon the filing of a verified pleading asserting that the proceeding or action for judicial review involves conduct that has caused or is likely to cause pollution, impairment, or destruction of the air, water, land or other natural resources located within the state.
Subd. 2.
Grounds.
In any such administrative, licensing, or other similar proceedings, the agency shall consider the alleged impairment, pollution, or destruction of the air, water, land, or other natural resources located within the state and no conduct shall be authorized or approved which does, or is likely to have such effect so long as there is a feasible and prudent alternative consistent with the reasonable requirements of the public health, safety, and welfare and the state's paramount concern for the protection of its air, water, land, and other natural resources from pollution, impairment, or destruction. Economic considerations alone shall not justify such conduct.
Subd. 3.
Judicial review.
In any action for judicial review of any administrative, licensing, or other similar proceeding as described in subdivision 1, the court shall, in addition to any other duties imposed upon it by law, grant review of claims that the conduct caused, or is likely to cause pollution, impairment, or destruction of the air, water, land, or other natural resources located within the state, and in granting such review it shall act in accordance with the provisions of sections 116B.01 to 116B.13 and the Administrative Procedure Act.
History:
1971 c 952 s 9
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116B — Environmental Rights › Section 116B.11 — Long-arm Statute; Actions Under This Chapter.

116B.11 LONG-ARM STATUTE; ACTIONS UNDER THIS CHAPTER.
Subdivision 1.
Personal jurisdiction.
As to any cause of action arising under sections 116B.01 to 116B.13, the district court may exercise personal jurisdiction over any foreign corporation or any nonresident individual in the same manner as if it were a domestic corporation or the individual were a resident of this state. This section applies if, in person or through an agent, the foreign corporation or nonresident individual:
(1) commits or threatens to commit any act in the state that would impair, pollute, or destroy the air, water, land, or other natural resources located within the state;
(2) commits or threatens to commit any act outside the state that would impair, pollute, or destroy the air, water, land, or other natural resources located within the state; or
(3) engages in any other of the activities specified in section 543.19.
Subd. 2.
Service of process.
The service of process on any person who is subject to the jurisdiction of the courts of this state, as provided in this section, may be made by personally serving the summons upon the defendant outside this state with the same effect as though the summons had been personally served within this state.
Subd. 3.
Allowable causes of action.
Only causes of action arising from acts enumerated or referenced in subdivision 1 may be asserted against a defendant in an action in which jurisdiction over the defendant is based upon this section.
Subd. 4.
Other law.
Nothing contained in this section shall limit or affect the right to serve any process in any other manner now or hereafter provided by law or the Minnesota Rules of Civil Procedure.
History:
1971 c 952 s 11; 1986 c 444; 2022 c 55 art 1 s 22
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116B — Environmental Rights › Section 116B.12 — Rights And Remedies Nonexclusive.

116B.12 RIGHTS AND REMEDIES NONEXCLUSIVE.
No existing civil or criminal remedy for any wrongful action shall be excluded or impaired by sections 116B.01 to 116B.13. The rights and remedies provided herein shall be in addition to any administrative, regulatory, statutory, or common law rights and remedies now or hereafter available.
History:
1971 c 952 s 12
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116C — Environmental Quality Board › Section 116C.01 — Findings.

116C.01 FINDINGS.
The legislature of the state of Minnesota finds that problems related to the environment often encompass the responsibilities of several state agencies and that solutions to these environmental problems require the interaction of these agencies. The legislature also finds that further debate concerning population, economic and technological growth should be encouraged so that the consequences and causes of alternative decisions can be better known and understood by the public and its government.
History:
1973 c 342 s 1
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116C — Environmental Quality Board › Section 116C.02 — Definitions.

116C.02 DEFINITIONS.
Subdivision 1.
Applicability.
For the purposes of sections 116C.01 to 116C.08, the following terms have the meaning given them.
Subd. 2.
Board.
"Board" means the Minnesota Environmental Quality Board.
History:
1973 c 342 s 2; 1975 c 271 s 6
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116C — Environmental Quality Board › Section 116C.03 — Environmental Quality Board; Membership; Chair; Staff.

116C.03 ENVIRONMENTAL QUALITY BOARD; MEMBERSHIP; CHAIR; STAFF.
Subdivision 1.
Creation.
An environmental quality board, designated as the Minnesota Environmental Quality Board, is hereby created.
Subd. 2.
Membership.
The members of the board are the commissioner of administration, the commissioner of commerce, the commissioner of the Pollution Control Agency, the commissioner of natural resources, the commissioner of agriculture, the commissioner of health, the commissioner of employment and economic development, the commissioner of transportation, and the chair of the Board of Water and Soil Resources. The governor shall appoint members from the general public to the board, one from each congressional district, subject to the advice and consent of the senate. At least four public members must have knowledge of and be conversant in environmental review or permitting. The governor must appoint the chair of the board. Notwithstanding the provisions of section 15.06, subdivision 6, members of the board may not delegate their powers and responsibilities as board members to any other person. Members appointed under this subdivision must not be registered lobbyists or legislators.
Subd. 2a.
Public members.
The membership terms, compensation, removal, and filling of vacancies of public members of the board shall be as provided in section 15.0575, except that a public member may be compensated at the rate of up to $125 a day.
Subd. 3.
[Repealed, 1982 c 524 s 9]
Subd. 3a.
[Repealed, 2017 c 93 art 2 s 166]
Subd. 4.
Support.
Staff and consultant support for board activities shall be provided by the Pollution Control Agency. This support shall be provided based upon an annual budget and work program developed by the board and certified to the commissioner by the chair of the board. The board shall have the authority to request and require staff support from all other agencies of state government as needed for the execution of the responsibilities of the board.
Subd. 5.
Administration.
The board shall contract with the Pollution Control Agency for administrative services necessary to the board's activities. The services shall include personnel, budget, payroll and contract administration.
Subd. 6.
Annual budget and work program.
The board shall adopt an annual budget and work program.
History:
1973 c 342 s 3; 1974 c 307 s 16; 1975 c 271 s 6; 1976 c 134 s 28,29; 1976 c 166 s 7; 1981 c 356 s 122-124; 1982 c 524 s 1-6; 1983 c 289 s 115 subd 1; 1983 c 301 s 119; 1984 c 558 art 2 s 2,3; 1986 c 444; 1987 c 186 s 15; 1987 c 312 art 1 s 6; 1987 c 358 s 105; 1988 c 501 s 1; 1988 c 685 s 25; 1989 c 335 art 1 s 134; 1991 c 345 art 2 s 20-22; 1994 c 639 art 5 s 3; 1997 c 53 s 1; 1Sp2001 c 4 art 6 s 77; 1Sp2003 c 4 s 1; 1Sp2005 c 1 art 2 s 161; 2013 c 114 art 4 s 88-90; 2017 c 93 art 2 s 135; 2023 c 60 art 3 s 22
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116C — Environmental Quality Board › Section 116C.04 — Powers And Duties.

116C.04 POWERS AND DUTIES.
Subdivision 1.
Scope; votes.
The powers and duties of the Minnesota Environmental Quality Board shall be as provided in this section and as otherwise provided by law or executive order. Actions of the board shall be taken only at an open meeting upon a majority vote of all the permanent members of the board.
Subd. 2.
Jurisdiction.
(a) The board shall determine which environmental problems of interdepartmental concern to state government shall be considered by the board. The board shall initiate interdepartmental investigations into those matters that it determines are in need of study. Topics for investigation may include but need not be limited to air and water resources and quality, solid waste management, transportation and utility corridors, energy policy and need, and planning.
(b) The board shall review programs of state agencies that significantly affect the environment and coordinate those it determines are interdepartmental in nature, and ensure agency compliance with state environmental policy.
(c) The board may review environmental rules and criteria for granting and denying permits by state agencies and may resolve conflicts involving state agencies with regard to programs, rules, permits and procedures significantly affecting the environment, provided that such resolution of conflicts is consistent with state environmental policy.
Subd. 3.
[Repealed, 2017 c 93 art 2 s 166]
Subd. 4.
Task forces.
The board may establish interdepartmental or citizen task forces or subcommittees to study particular problems.
Subd. 5.
[Repealed, 1984 c 558 art 2 s 4]
Subd. 6.
[Repealed, 1984 c 558 art 2 s 4]
Subd. 7.
Annual congress.
At its discretion, the board shall convene an annual Environmental Quality Board congress including, but not limited to, representatives of state, federal and regional agencies, citizen organizations, associations, industries, colleges and universities, and private enterprises who are active in or have a major impact on environmental quality. The purpose of the congress shall be to receive reports and exchange information on progress and activities related to environmental improvement.
Subd. 8.
[Repealed, 1982 c 524 s 9]
Subd. 9.
[Repealed, 1982 c 524 s 9]
Subd. 10.
Stipulation agreements.
The board may enter into and enforce stipulation agreements made to enforce statutes and rules administered by the board.
Subd. 11.
Coordination.
The Environmental Quality Board shall coordinate the implementation of an interagency compliance with existing state and federal lead regulations and report to the legislature by January 31, 1992, on the changes in programs needed to comply.
History:
1973 c 342 s 4; 1975 c 271 s 6; 1985 c 248 s 70; 1988 c 501 s 2; 1991 c 292 art 9 s 1; 2017 c 93 art 2 s 136
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116C — Environmental Quality Board › Section 116C.06 — Hearings.

116C.06 HEARINGS.
Subdivision 1.
Process.
The board shall hold public hearings on matters that it determines to be of major environmental impact. The board shall prescribe by rule in conformity to the provisions of chapter 14, the procedures for the conduct of all hearings and review procedures.
Subd. 2.
Delegating hearings officer.
(a) The board may delegate its authority to conduct a hearing to a hearings officer. The hearings officer shall have the same power as the board to compel the attendance of witnesses to examine them under oath, to require the production of books, papers, and other evidence, and to issue subpoenas and cause the same to be served and executed in any part of the state. The hearings officer shall be knowledgeable in matters of law and the environment.
(b) If a hearings officer conducts a hearing, the officer shall make findings of fact and submit them to the board. The transcript of testimony and exhibits shall constitute the exclusive record upon which such findings are made. The findings shall be available for public inspection.
Subd. 3.
Recommendations.
After receipt of the findings of fact of the hearings officer, the board shall make recommendations to the governor and legislature as to administrative and legislative actions to be considered in regard to the matter.
History:
1973 c 342 s 6; 1975 c 271 s 6; 1982 c 424 s 130; 1985 c 248 s 70; 1986 c 444; 1995 c 233 art 2 s 56; 1997 c 187 art 5 s 15
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116C — Environmental Quality Board › Section 116C.08 — Federal Funds; Donations.

116C.08 FEDERAL FUNDS; DONATIONS.
The board may apply for, receive, and disburse federal funds made available to the state by federal law or rules promulgated thereunder for any purpose related to the powers and duties of the board. The board shall comply with any and all requirements of such federal law or such rules and regulations promulgated thereunder in order to apply for, receive, and disburse such funds. The board is authorized to accept any donations or grants from any public or private concern. All such moneys received by the board shall be deposited in the state treasury and are hereby appropriated to it for the purpose for which they are received. None of such moneys in the state treasury shall cancel.
History:
1973 c 342 s 8; 1975 c 271 s 6
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116C — Environmental Quality Board › Section 116C.34 — Bureau Of Business Licenses.

116C.34 BUREAU OF BUSINESS LICENSES.
Subdivision 1.
Purpose.
The Bureau of Business Licenses shall establish and maintain an information and referral system to assist the public in the understanding and compliance with the requirements of state and local governmental rules concerning the use of natural resources and protection of the environment. The system shall provide a telephone information service and disseminate printed materials. The bureau shall provide assistance to regional development commissions desiring to create a permit information center.
Subd. 2.
Duties.
The bureau shall:
(1) identify all existing state licenses, permit certifications, approvals, compliance schedules, or other programs which pertain to the use of natural resources and to protection of the environment;
(2) standardize permit titles and assign designation codes to all such permits which would thereafter be imprinted on all permit forms;
(3) develop permit profiles including applicable rules copies of all appropriate permit forms, statutory mandate and legislative history, names of individuals administering the program, permit processing procedures, documentation of the magnitude of the program and of geographic and seasonal distribution of the workload, and estimated application processing time;
(4) identify the public information procedures currently associated with each permit program;
(5) identify the data monitored or acquired through each permit and ascertain current users of that data;
(6) recommend revisions to the list of natural resource management and development permits contained in Minnesota Statutes 1974, section 116D.04, subdivision 5; and
(7) recommend legislative or administrative modifications of existing permit programs to increase their efficiency and utility.
Subd. 3.
County responsibility.
The auditor of each county shall post in a conspicuous place in the auditor's office the telephone numbers of the Bureau of Business Licenses and the permit information center in the office of the applicable regional development commission and copies of any information published by the bureau or an information center pursuant to subdivision 1.
History:
1975 c 271 s 6; 1976 c 303 s 13; 1983 c 289 s 39; 1985 c 248 s 70; 1986 c 444; 2014 c 271 art 2 s 2
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116C — Environmental Quality Board › Section 116C.705 — Findings.

116C.705 FINDINGS.
The legislature finds that the disposal and transportation of high-level radioactive waste is of vital concern to the health, safety, and welfare of the people of Minnesota, and to the economic and environmental resources of Minnesota. To ensure the health, safety, and welfare of the people, and to protect the air, land, water, and other natural resources in the state from pollution, impairment, or destruction, it is necessary for the state to regulate and control, under the laws of the United States, the exploration for high-level radioactive waste disposal within the state of Minnesota. It is the intent of the legislature to exercise all legal authority for the purpose of regulating the disposal and transportation of high-level radioactive waste.
History:
1984 c 453 s 1
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116C — Environmental Quality Board › Section 116C.711 — Nuclear Waste Council.

116C.711 NUCLEAR WASTE COUNCIL.
Subdivision 1.
Establishment.
The governor's Nuclear Waste Council is established.
Subd. 2.
Membership.
(a) The council shall have at least nine members, consisting of:
(1) the commissioners of health, transportation, and natural resources, and the commissioner of the Pollution Control Agency;
(2) four citizen members appointed by the governor;
(3) the director of the Minnesota Geological Survey;
(4) one additional citizen from each potentially impacted area may be appointed by the governor if potentially impacted areas are designated in Minnesota; and
(5) one Indian who is an enrolled member of a federally recognized Minnesota Indian tribe or band may be appointed by the governor if potentially impacted areas are designated in Minnesota and if those areas include Indian country as defined in United States Code, title 18, section 11.54.
(b) At least two members of the council must have expertise in the earth sciences.
Subd. 3.
Chair.
A chair shall be appointed by the governor from the members of the council.
Subd. 4.
Advisory task force.
The council may create advisory task forces under section 15.014, as are necessary to carry out its responsibilities under this chapter.
Subd. 5.
Membership regulation.
Section 15.059 governs terms, compensation, removal, and filling of vacancies of members appointed by the governor.
History:
1Sp1985 c 13 s 242; 1986 c 444; 1987 c 186 s 15; 2014 c 286 art 8 s 39