reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.802 — Incinerating Infectious Waste; Environmental Impact.

116.802 INCINERATING INFECTIOUS WASTE; ENVIRONMENTAL IMPACT.
Until the Pollution Control Agency adopts revisions to its air emission rules for incinerators, a new or expanded facility for the incineration of infectious waste that is subject to the permit requirement in section 116.801 may not receive a permit until an environmental impact statement for the facility has been prepared and approved. The Pollution Control Agency is the governmental unit responsible for preparation of an environmental impact statement required under this section.
History:
1991 c 231 s 2
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.81 — Rules.

116.81 RULES.
Subdivision 1.
Agency rules.
The agency, in consultation with the commissioner of health, may adopt rules to implement sections 116.76 to 116.82. The agency, before adopting rules affecting animals or research animal waste, must consult the commissioner of agriculture and the Board of Animal Health.
Subd. 2.
[Repealed, 1Sp1993 c 1 art 9 s 75]
History:
1989 c 337 s 7; 1Sp1993 c 1 art 9 s 9
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.82 — Authority Of Local Government.

116.82 AUTHORITY OF LOCAL GOVERNMENT.
Subdivision 1.
Preemption.
A county, municipality, or other political subdivision of the state may not adopt a definition of infectious or pathological waste that differs from the definitions in section 116.76, or management requirements for infectious or pathological waste that differ from the requirements of sections 116.78 and 116.79.
Subd. 2.
Local solid waste authority.
(a) Sections 116.76 to 116.81 do not affect local implementation of collection, storage, or disposal of solid waste that does not contain infectious waste.
(b) Sections 116.76 to 116.81 do not affect county authority under other law to regulate and manage solid waste that does not contain infectious waste.
(c) A political subdivision, as defined in section 115A.03, subdivision 24, may not require a refuse-derived fuel facility to accept infectious waste.
Subd. 3.
Local enforcement.
Sections 116.76 to 116.81 may be enforced by a county by delegation of enforcement authority granted to the agency in section 116.83. Separate enforcement actions may not be brought by a state agency and a county for the same violations. The state or county may not bring an action that is being enforced by the federal Office of Safety and Health Administration.
History:
1989 c 337 s 8; 1993 c 206 s 5; 1Sp1993 c 1 art 9 s 10; 1Sp1993 c 6 s 5
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.83 — Enforcement.

116.83 ENFORCEMENT.
Subdivision 1.
Enforcement authority.
The agency may enforce sections 116.76 to 116.81.
Subd. 2.
[Repealed, 1Sp1993 c 1 art 9 s 75]
Subd. 3.
Access to information and property.
Subject to section 144.651, the commissioner of the Pollution Control Agency may on presentation of credentials, during regular business hours:
(1) examine and copy any books, records, memoranda, or data that is related to compliance with sections 116.76 to 116.81; and
(2) enter public or private property regulated by sections 116.76 to 116.81 for the purpose of taking an action authorized by this section including obtaining information and conducting investigations.
History:
1989 c 337 s 9; 1991 c 347 art 1 s 18; 1Sp1993 c 1 art 9 s 11,12
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.835 — Safe Sharps Management.

116.835 SAFE SHARPS MANAGEMENT.
(a) A sharps manufacturer that sells or distributes sharps that are usually intended for home use and a pharmaceutical manufacturer that sells or distributes a medication in Minnesota that is usually intended to be self-injected in a home resulting in the generation of sharps shall, on or before July 1, 2011, post to its website a plan that describes how the manufacturer supports the safe collection and proper disposal of the sharps.
(b) The plan required under paragraph (a) shall include, at a minimum, a description of the actions, if any, taken by the manufacturer to do the following:
(1) provide for the safe collection and proper disposal of sharps;
(2) educate consumers about safe management and collection opportunities; and
(3) support efforts by retailers, pharmaceutical distributors, local governments, health care organizations, public health officers, solid waste service providers, organizations representing patients who use sharps, and other groups with interest in protecting public health and safety through the sale, collection, and proper disposal of sharps.
(c) A public health agency or clinic that participates in a needle exchange program must post to its website a plan that describes how the agency or clinic supports the safe collection and proper disposal of the sharps.
History:
2010 c 286 s 2
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.84 — Monitors Required For Pcb Incinerators.

116.84 MONITORS REQUIRED FOR PCB INCINERATORS.
Notwithstanding any other law to the contrary, an incinerator permit issued to a facility that allows burning of PCBs must, as a condition of the permit, require the installation of a continuous emission monitoring system approved by the commissioner. The monitoring system must provide continuous emission measurements to ensure optimum combustion efficiency of dioxin precursors. The system must also be capable of providing a permanent record of monitored emissions that will be available upon request to the commissioner and the general public. The commissioner shall provide periodic inspection of the monitoring system to determine its continued accuracy. Should, at any time, the permitted facility's emissions exceed permit requirements based on accurate and valid emissions data, the facility shall immediately commence shutdown of the incinerator until the appropriate modifications to the facility have been made to ensure its ability to meet permitted requirements.
History:
1989 c 335 art 1 s 132
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.87 — Definitions.

116.87 DEFINITIONS.
Subdivision 1.
Residential lead paint waste.
"Residential lead paint waste" means waste produced by removing lead paint from the interior or exterior structure or the ground surface of a residence. Residential lead paint waste does not include:
(1) lead paint waste removed with the aid of any chemical paint stripper; or
(2) lead paint waste that is mixed with water and that contains any free liquid.
Subd. 2.
Residence.
The term "residence" has the meaning given in rules adopted under sections 144.9501 to 144.9512.
History:
1Sp1993 c 1 art 9 s 13; 1995 c 213 art 1 s 2; 2007 c 147 art 16 s 20
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.875 — Authorized Management Methods.

116.875 AUTHORIZED MANAGEMENT METHODS.
Subdivision 1.
Disposal.
Notwithstanding any other law, a person who disposes of residential lead paint waste in the state may dispose of the waste at:
(1) a land disposal facility that meets the requirements of Minnesota Rules, chapter 7045;
(2) a facility that meets the requirements for a new mixed municipal solid waste land disposal facility under Minnesota Rules, chapter 7035, that began operation after January 1, 1989;
(3) a demolition debris land disposal facility equipped with a clay or artificial liner and leachate collection system; or
(4) a solid waste incinerator ash landfill if disposal is approved by the commissioner in accordance with agency rules.
Subd. 2.
Management responsibility; not transferable to occupant.
(a) A person whose activities produce residential lead paint waste is responsible for the management and proper disposal of the waste.
(b) When residential lead paint waste is produced by activities of a person other than the occupant of the residence from which the waste is removed, the person shall not leave the residential lead paint waste at that residence and shall not transfer responsibility for managing or disposing of the waste to the occupant.
Subd. 3.
Waste produced by occupant.
Residential lead paint waste produced by activities of the occupant of the residence from which the waste is removed must be managed as provided by law for household hazardous waste.
Subd. 4.
Demolition debris.
Residential lead paint waste attached to woodwork, walls, or other elements removed from the structure of a residence that constitute demolition debris may be disposed of at any permitted demolition debris land disposal facility.
History:
1Sp1993 c 1 art 9 s 14
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.88 — Prohibited Methods Of Management.

116.88 PROHIBITED METHODS OF MANAGEMENT.
Subdivision 1.
Unlined landfills.
Except as provided in section 116.875, subdivision 4, no person shall dispose of residential lead paint waste at an unlined land disposal facility.
Subd. 2.
Incineration.
No person shall send or accept residential lead paint waste for incineration by a mixed municipal solid waste incinerator.
History:
1Sp1993 c 1 art 9 s 15
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.885 — Recycling And Treatment.

116.885 RECYCLING AND TREATMENT.
Nothing in sections 116.87 to 116.89 is intended to prevent or discourage treatment or recycling of residential lead paint waste. The commissioner shall encourage treatment and recycling of residential lead paint waste.
History:
1Sp1993 c 1 art 9 s 16
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.89 — Enforcement.

116.89 ENFORCEMENT.
Subdivision 1.
Rules.
The Minnesota Pollution Control Agency may adopt rules necessary to implement and enforce the provisions of sections 116.87 to 116.885, including rules to regulate the transportation, storage, disposal, and other management of residential lead paint waste after the waste leaves the site where it was produced.
Subd. 2.
License revocation.
In addition to enforcement by the Minnesota Pollution Control Agency, the commissioner of health may revoke the license of an abatement contractor that violates any provision of sections 116.87 to 116.885 or the rules adopted under subdivision 1.
History:
1Sp1993 c 1 art 9 s 17
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.91 — Citizen Reports Of Environmental Violations.

116.91 CITIZEN REPORTS OF ENVIRONMENTAL VIOLATIONS.
The agency shall maintain and publicize a toll-free number to enable citizens to report information about potential environmental violations. The agency may establish a program to pay awards from funds raised from private sources to persons who provide information that leads to the conviction for an environmental crime.
History:
1991 c 347 art 3 s 2
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.915 — Mercury Reduction.

116.915 MERCURY REDUCTION.
Subdivision 1.
Goal.
It is the goal of the state to reduce mercury contamination by reducing the release of mercury into the air and water of the state by 60 percent from 1990 levels by December 31, 2000, and by 70 percent from 1990 levels by December 31, 2005. The goal applies to the statewide total of releases from existing and new sources of mercury. The commissioner shall publish updated estimates of 1990 releases in the State Register.
Subd. 2.
Reduction strategies.
The commissioner shall implement the strategies recommended by the Mercury Contamination Reduction Initiative Advisory Council and identified on pages 31 to 42 of the Minnesota Pollution Control Agency's report entitled "Report on the Mercury Contamination Reduction Initiative Advisory Council's Results and Recommendations" as transmitted to the legislature by the commissioner's letter dated March 15, 1999. The commissioner shall solicit, by July 1, 1999, voluntary reduction agreements from sources that emit more than 50 pounds of mercury per year.
Subd. 3.
[Obsolete, 1Sp2005 c 1 art 2 s 161]
History:
1999 c 231 s 150
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.921 — Multistate Clearinghouse.

116.921 MULTISTATE CLEARINGHOUSE.
The agency is authorized to participate in the Interstate Mercury Education and Reduction Clearinghouse (IMERC) to assist in carrying out the requirements and coordinating any other activities related to the administration of statutes governing the purchase, sale, use, labeling, disposal, and management of mercury and mercury-containing products.
History:
2007 c 109 s 14
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.925 — Electric Energy; Mercury Emissions Report.

116.925 ELECTRIC ENERGY; MERCURY EMISSIONS REPORT.
Subdivision 1.
Report.
To address the shared responsibility between the providers and consumers of electricity for the protection of Minnesota's lakes, each electric utility, as defined in section 216B.38, subdivision 5, and each person that generates electricity in this state for that person's own use or for sale at retail or wholesale shall provide to the commissioner of the Pollution Control Agency by April 1 an annual report of the amount of mercury emitted in generating that electricity at that person's facilities for the previous calendar year.
Subd. 2.
Contents of report.
(a) A report must include:
(1) a list of all generation facilities owned or operated by the utility or person subject to subdivision 1;
(2) all readily available information regarding the amount of electricity purchased by the utility or person subject to subdivision 1, for use in the state; and
(3) information for each facility owned or operated by the utility or person subject to subdivision 1, stating: (i) the amount of electricity generated at the facility for use or for sale in this state at retail or wholesale; (ii) the amount of fuel used to generate that electricity at the facility; and (iii) the amount of mercury emitted in generating that electricity in the previous calendar year, based on emission factors, stack tests, fuel analysis, or other methods approved by the commissioner. The report must include the mercury content of the fuel if it is determined in conjunction with a stack test.
(b) The following are de minimis standards for small and little-used generation facilities:
(1) less than 240 hours of operation by the combustion unit per year;
(2) a fuel capacity input at the combustion unit of less than 150,000,000 British thermal units per hour; or
(3) an electrical generation unit with maximum output of less than or equal to 15 megawatts.
A utility or person subject to this section who owns or operates a combustion unit that qualifies under one of these de minimis standards is not required to provide the information described in paragraph (a) for that combustion unit.
(c) A report need not be filed for a combustion device for a year in which the device has documented mercury emissions of three pounds or less.
Subd. 3.
Report to consumers.
By January 1, 1999, and biennially thereafter in the report on air toxics required under section 115D.15, the commissioner shall report the amount of mercury emitted in the generation of electricity.
History:
1997 c 191 art 2 s 2
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.93 — Lamp Recycling Facilities.

116.93 LAMP RECYCLING FACILITIES.
Subdivision 1.
Definition.
For the purposes of this section, "lamp recycling facility" means a facility operated to remove, recover, and recycle for reuse mercury or other hazardous materials from fluorescent or high-intensity discharge lamps.
Subd. 2.
Lamp recycling facility; permits or licenses; reporting.
(a) A person may not operate a lamp recycling facility without obtaining a permit or license for the facility from the agency. The permit or license must require:
(1) a plan for response to releases, including emergency response;
(2) proof of financial responsibility for closure and any necessary postclosure care at the facility which may include a performance bond or other insurance;
(3) liability insurance or another financial mechanism that provides proof of financial responsibility for response actions required under chapter 115B; and
(4) by March 1 each year, beginning in 2008, an annual report to the agency on the number and type of lamps received from businesses and households in the state and total number of lamps received from all generators outside of the state. The agency shall specify the format for the report under this clause and make the reported information available on the agency's website.
(b) A lamp recycling facility that is licensed or permitted by a county under section 473.811, subdivision 5b, complies with this subdivision if the license or permit held by the facility contains at least all the terms and conditions required by the agency for a license or permit issued under this subdivision.
(c) A lamp recycling facility with a demonstrated capability for recycling that is in operation prior to adoption of rules for a licensing or permitting process for the facility by the agency may continue to operate in accordance with a compliance agreement or other approval by the commissioner until a license or permit is issued by the agency under this subdivision.
History:
1993 c 249 s 29; 2007 c 109 s 15
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.931 — Wheel Weights And Balancing Products; Lead And Mercury Prohibition.

116.931 WHEEL WEIGHTS AND BALANCING PRODUCTS; LEAD AND MERCURY PROHIBITION.
Subdivision 1.
Definitions.
(a) For the purposes of this section, the following terms have the meanings given.
(b) "Motor vehicle" means a self-propelled vehicle or a vehicle propelled or drawn by a self-propelled vehicle that is operated on a highway, on a railroad track, on the ground, in the water, or in the air.
(c) "New motor vehicle" means a motor vehicle that has not been previously sold to a person except a distributor, wholesaler, or motor vehicle dealer for resale.
Subd. 2.
Tire service.
When replacing or balancing a tire on a motor vehicle or aircraft, a person may not use a wheel weight or other product for balancing motor vehicle or aircraft wheels if the weight or other balancing product contains lead or mercury that was intentionally added during the manufacture of the product.
Subd. 3.
Sales ban.
A person may not sell or offer to sell or distribute weights or other products for balancing motor vehicle or aircraft wheels if the weight or other balancing product contains lead or mercury that was intentionally added during the manufacture of the product.
Subd. 4.
New motor vehicles.
A person may not sell a new motor vehicle or aircraft that is equipped with a weight or other product for balancing wheels if the weight or other balancing product contains lead or mercury that was intentionally added during the manufacture of the product.
Subd. 5.
Salvage.
A person may not shred or crush, or market for shredding or crushing, any motor vehicle, aircraft, watercraft, or railroad or industrial equipment, or any portion thereof, without:
(1) inspecting the vehicle or equipment; and
(2) removing all weights or other products for balancing wheels or other equipment if the weights or balancing products contain lead or mercury that was intentionally added during the manufacture of the weights or balancing products.
Subd. 6.
Managing wheel weights and balancing products.
Mercury in wheel weights and other balancing products for motor vehicle and aircraft wheels must be recycled or otherwise managed to comply with sections 115A.932 and 116.92 and to ensure that it does not become part of the solid waste stream and is not released to the environment. Lead in wheel weights and other balancing products for motor vehicle and aircraft wheels must be recycled to ensure that it does not become part of the solid waste stream and is not released to the environment.
Subd. 7.
Educational materials; outreach.
Prior to January 1, 2016, the agency shall produce and distribute educational materials on the prohibitions required under this section to businesses subject to the prohibitions and shall conduct additional outreach and education activities to those businesses.
History:
2014 c 277 s 7
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.9401 — Definitions.

116.9401 DEFINITIONS.
(a) For the purposes of sections 116.9401 to 116.9407, the following terms have the meanings given them.
(b) "Agency" means the Pollution Control Agency.
(c) "Alternative" means a substitute process, product, material, chemical, strategy, or combination of these that is technically feasible and serves a functionally equivalent purpose to a chemical in a children's product.
(d) "Chemical" means a substance with a distinct molecular composition or a group of structurally related substances and includes the breakdown products of the substance or substances that form through decomposition, degradation, or metabolism.
(e) "Chemical of high concern" means a chemical identified on the basis of credible scientific evidence by a state, federal, or international agency as being known or suspected with a high degree of probability to:
(1) harm the normal development of a fetus or child or cause other developmental toxicity;
(2) cause cancer, genetic damage, or reproductive harm;
(3) disrupt the endocrine or hormone system;
(4) damage the nervous system, immune system, or organs, or cause other systemic toxicity;
(5) be persistent, bioaccumulative, and toxic; or
(6) be very persistent and very bioaccumulative.
(f) "Child" means a person under 12 years of age.
(g) "Children's product" means a consumer product intended for use by children, such as baby products, toys, car seats, personal care products, and clothing.
(h) "Commissioner" means the commissioner of the Pollution Control Agency.
(i) "Department" means the Department of Health.
(j) "Distributor" means a person who sells consumer products to retail establishments on a wholesale basis.
(k) "Green chemistry" means an approach to designing and manufacturing products that minimizes the use and generation of toxic substances.
(l) "Manufacturer" means any person who manufactures a final consumer product sold at retail or whose brand name is affixed to the consumer product. In the case of a consumer product imported into the United States, manufacturer includes the importer or domestic distributor of the consumer product if the person who manufactured or assembled the consumer product or whose brand name is affixed to the consumer product does not have a presence in the United States.
(m) "Priority chemical" means a chemical identified by the Department of Health as a chemical of high concern that meets the criteria in section 116.9403.
(n) "Safer alternative" means an alternative whose potential to harm human health is less than that of the use of a priority chemical that it could replace.
History:
2009 c 37 art 1 s 47
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.9402 — Identifying Chemicals Of High Concern.

116.9402 IDENTIFYING CHEMICALS OF HIGH CONCERN.
(a) By July 1, 2010, the department shall, after consultation with the agency, generate a list of chemicals of high concern.
(b) The department must periodically review and revise the list of chemicals of high concern at least every three years. The department may add chemicals to the list if the chemical meets one or more of the criteria in section 116.9401, paragraph (e).
(c) The department shall consider chemicals listed as a suspected carcinogen, reproductive or developmental toxicant, or as being persistent, bioaccumulative, and toxic, or very persistent and very bioaccumulative by a state, federal, or international agency. These agencies may include, but are not limited to, the California Environmental Protection Agency, the Washington Department of Ecology, the United States Department of Health, the United States Environmental Protection Agency, the United Nation's World Health Organization, and European Parliament Annex XIV concerning the Registration, Evaluation, Authorisation, and Restriction of Chemicals.
(d) The department may consider chemicals listed by another state as harmful to human health or the environment for possible inclusion in the list of chemicals of high concern.
History:
2009 c 37 art 1 s 48
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.9403 — Identifying Priority Chemicals.

116.9403 IDENTIFYING PRIORITY CHEMICALS.
(a) The department, after consultation with the agency, may designate a chemical of high concern as a priority chemical if the department finds that the chemical:
(1) has been identified as a high-production volume chemical by the United States Environmental Protection Agency; and
(2) meets any of the following criteria:
(i) the chemical has been found through biomonitoring to be present in human blood, including umbilical cord blood, breast milk, urine, or other bodily tissues or fluids;
(ii) the chemical has been found through sampling and analysis to be present in household dust, indoor air, drinking water, or elsewhere in the home environment; or
(iii) the chemical has been found through monitoring to be present in fish, wildlife, or the natural environment.
(b) By February 1, 2011, the department shall publish a list of priority chemicals in the State Register and on the department's Internet website and shall update the published list whenever a new priority chemical is designated.
History:
2009 c 37 art 1 s 49
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.9405 — Applicability.

116.9405 APPLICABILITY.
The requirements of sections 116.9401 to 116.9407 do not apply to:
(1) chemicals in used children's products;
(2) priority chemicals used in the manufacturing process, but that are not present in the final product;
(3) priority chemicals used in agricultural production;
(4) motor vehicles as defined in chapter 168 or watercraft as defined in chapter 86B or their component parts, except that the use of priority chemicals in detachable car seats is not exempt;
(5) priority chemicals generated solely as combustion by-products or that are present in combustible fuels;
(6) retailers;
(7) pharmaceutical products or biologics;
(8) a medical device as defined in the federal Food, Drug, and Cosmetic Act, United States Code, title 21, section 321(h);
(9) food and food or beverage packaging, except a container containing baby food or infant formula;
(10) consumer electronics products and electronic components, including but not limited to personal computers; audio and video equipment; calculators; digital displays; wireless phones; cameras; game consoles; printers; and handheld electronic and electrical devices used to access interactive software or their associated peripherals; or products that comply with the provisions of directive 2002/95/EC of the European Union, adopted by the European Parliament and Council of the European Union now or hereafter in effect; or
(11) outdoor sport equipment, including snowmobiles as defined in section 84.81, subdivision 3; all-terrain vehicles as defined in section 84.92, subdivision 8; personal watercraft as defined in section 86B.005, subdivision 14a; watercraft as defined in section 86B.005, subdivision 18; and off-highway motorcycles, as defined in section 84.787, subdivision 7, and all attachments and repair parts for all of this equipment.
History:
2009 c 37 art 1 s 50
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.9406 — Donations To The State.

116.9406 DONATIONS TO THE STATE.
The commissioner may accept donations, grants, and other funds to carry out the purposes of sections 116.9401 to 116.9407. All donations, grants, and other funds must be accepted without preconditions regarding the outcomes of the regulatory oversight processes set forth in sections 116.9401 to 116.9407.
History:
2009 c 37 art 1 s 51
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.9407 — Participating In Interstate Chemicals Clearinghouse.

116.9407 PARTICIPATING IN INTERSTATE CHEMICALS CLEARINGHOUSE.
The state may cooperate with other states in an interstate chemicals clearinghouse regarding chemicals in consumer products, including the classification of priority chemicals in commerce; organizing and managing available data on chemicals, including information on uses, hazards, risks, and environmental and health concerns; and producing and evaluating information on safer alternatives to specific uses of priority chemicals.
History:
2009 c 37 art 1 s 52
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.96 — Definitions.

116.96 DEFINITIONS.
Subdivision 1.
Scope.
The definitions in this section apply to sections 116.96 to 116.99.
Subd. 2.
Agency.
"Agency" means the Pollution Control Agency.
Subd. 3.
Clean Air Act.
"Clean Air Act" means the federal Clean Air Act, United States Code, title 42, section 7401 et seq., as amended.
Subd. 4.
Commissioner.
"Commissioner" means the commissioner of the Pollution Control Agency.
Subd. 5.
Regulated pollutant.
"Regulated pollutant" means:
(1) a volatile organic compound that participates in atmospheric photochemical reactions;
(2) a pollutant for which a national ambient air quality standard has been promulgated;
(3) a pollutant that is addressed by a standard promulgated under section 7411 or 7412 of the Clean Air Act; or
(4) any pollutant that is regulated under this chapter or air quality rules adopted under this chapter.
Subd. 6.
Small business stationary source.
"Small business stationary source" means a business that:
(1) is owned or operated by a person that employs 100 or fewer individuals;
(2) is a small business concern as defined in the Small Business Act, United States Code, title 15, section 632(a);
(3) is not a major stationary source as defined in section 7661 of the Clean Air Act;
(4) does not emit 50 tons or more per year of any regulated pollutant; and
(5) emits less than 75 tons per year of all regulated pollutants.
History:
1992 c 546 s 6; 1995 c 220 s 107
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.97 — Small Business Air-quality Compliance Assistance Program.

116.97 SMALL BUSINESS AIR-QUALITY COMPLIANCE ASSISTANCE PROGRAM.
Subdivision 1.
Creation.
The commissioner shall establish a small business air-quality compliance assistance program that incorporates the small business stationary source technical and environmental compliance assistance program required by section 7661f of the Clean Air Act.
Subd. 2.
Requirements.
The commissioner shall ensure that the program provides at least the following:
(1) direct, timely, one-on-one information and technical assistance to small businesses that are stationary sources on matters including, but not limited to, their legal rights and obligations under federal and state air quality laws and regulations, applicable requirements and alternatives for achieving compliance, permit procedures, preparation of permit applications, sources of technical expertise, consequences of operating in violation, enforcement, fines, penalties, and appeals;
(2) a clearinghouse to provide information and referral to appropriate technical experts concerning Clean Air Act regulatory requirements, compliance methods, and control technologies;
(3) information and assistance on methods of pollution prevention and the prevention and detection of accidental releases;
(4) audits of the operations of small business stationary sources to determine compliance with federal and state air quality laws and regulations, or establishment of a procedure for referring sources to qualified auditors. Audits may include, but need not be limited to, an evaluation of work practices, compliance monitoring procedures, record-keeping requirements, and technical assistance on pollution prevention opportunities and control options;
(5) to the extent permitted by federal and state air quality laws and regulations, procedures for responding to requests from small business stationary sources for modification of work practices or methods compliance because of the financial or technological capability of the source; and
(6) coordination of efforts with trade associations, small business assistance providers, and federal, state, and local governmental agencies that provide information and technical assistance to small businesses, in order to maximize the information and assistance available to small businesses and to prevent duplication of effort and services.
History:
1992 c 546 s 7
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.99 — Small Business Air-quality Compliance Advisory Council.

116.99 SMALL BUSINESS AIR-QUALITY COMPLIANCE ADVISORY COUNCIL.
Subdivision 1.
Creation.
A Small Business Air-Quality Compliance Assistance Advisory Council is established within the agency.
Subd. 2.
Duties.
The council has the following duties:
(1) rendering advisory opinions on the effectiveness of the program, difficulties encountered, and degree and severity of enforcement;
(2) preparing periodic reports on matters relating to the program as requested by appropriate federal and state agencies;
(3) reviewing information for sources to ensure the information is complete, comprehensive, and understandable to the lay person; and
(4) other duties it finds appropriate to comply with applicable federal or state air quality laws and regulations.
Subd. 3.
Membership.
The council consists of the following members:
(1) two members appointed by the governor who represent the general public and are not owners or representatives of owners who are small business stationary sources;
(2) the commissioner or the commissioner's designee, who shall represent the agency;
(3) four members appointed by the legislature who are owners or representatives of owners of small business stationary sources; and
(4) the commissioner of employment and economic development or the commissioner's designee.
The majority and minority leaders of the house of representatives and the senate shall each appoint one of the members listed in clause (3).
Subd. 4.
Membership terms; compensation; removal.
The membership terms, compensation, and removal of council members are governed by section 15.0575, except that subdivision 5 does not apply.
Subd. 5.
Chair.
The council shall select its chair by a majority vote.
Subd. 6.
Program.
The council may set its own agenda and work program, consistent with the requirements of the Clean Air Act, after consultation with the commissioner and the small business ombudsman established by this chapter.
Subd. 7.
Funding.
The commissioner shall allocate and administer the funds reasonably necessary to cover the operational costs of the council.
Subd. 8.
Staff.
The commissioner shall provide staff services reasonably required by the council.
History:
1992 c 546 s 9; 1995 c 247 art 2 s 54; 1Sp2003 c 4 s 1; 1Sp2005 c 1 art 2 s 161
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.993 — Small Business Environmental-improvement Loan Program.

116.993 SMALL BUSINESS ENVIRONMENTAL-IMPROVEMENT LOAN PROGRAM.
Subdivision 1.
Establishment.
A small business environmental-improvement revolving loan program is established to provide loans to small businesses for the purpose of capital equipment purchases that will meet or exceed environmental rules and regulations or for investigation and cleanup of contaminated sites. The small business environmental-improvement revolving loan program replaces the small business environmental loan program in Minnesota Statutes 1996, section 116.991, and the hazardous waste generator loan program in Minnesota Statutes 1996, section 115B.223.
Subd. 2.
Eligible borrower.
To be eligible for a loan under this section, a borrower must:
(1) be a small business corporation, sole proprietorship, partnership, or association;
(2) be a potential emitter of pollutants to the air, ground, or water;
(3) need capital for equipment purchases that will meet or exceed environmental regulations or need capital for site investigation and cleanup;
(4) have less than 100 full-time equivalent employees; and
(5) have an after tax profit of less than $500,000.
Subd. 3.
Loan application and award procedure.
The commissioner of the Pollution Control Agency may give priority to applicants that include, but are not limited to, those subject to Clean Air Act standards adopted under United States Code, title 42, section 7412, those undergoing site investigation and remediation, those involved with facility wide environmental compliance and pollution prevention projects, and those determined by the commissioner to be small business outreach priorities. The commissioner shall decide whether to award a loan to an eligible borrower based on:
(1) the applicant's financial need;
(2) the applicant's ability to secure and repay the loan; and
(3) the expected environmental benefit.
Subd. 4.
Screening committee.
The commissioner shall appoint a screening committee to evaluate applications and determine loan awards. The committee shall have diverse expertise in air quality, water quality, solid and hazardous waste management, site response and cleanup, pollution prevention, and financial analysis.
Subd. 5.
Limit on availability.
Numbers of applications accepted, evaluated, and awarded are based upon the available money in the small business environmental-improvement loan account.
Subd. 6.
Loan conditions.
A loan made under this section must include:
(1) an interest rate that is at or below one-half the prime rate, not to exceed five percent;
(2) a term of payment of not more than seven years; and
(3) an amount not less than $1,000 or exceeding $75,000.
History:
1997 c 216 s 117; 1Sp2019 c 4 art 3 s 103,104
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116 — Pollution Control Agency › Section 116.994 — Small Business Environmental-improvement Loan Accounting.

116.994 SMALL BUSINESS ENVIRONMENTAL-IMPROVEMENT LOAN ACCOUNTING.
Repayments of loans made under section 116.993 must be credited to the environmental fund. Money deposited in the fund under section 116.993 is appropriated to the commissioner for loans under section 116.993.
History:
1997 c 216 s 118; 2003 c 128 art 2 s 40
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116A — Public Water And Sewer Systems › Section 116A.03 — Petitioners' Bond.

116A.03 PETITIONERS' BOND.
Upon the filing of a petition and before any action is taken thereon, one or more of the petitioners shall make and file a bond payable, in case of a county system, to the county, and in case of a judicial system, to the counties named in the petition, in the sum of not less than $2,000, with good and sufficient sureties, to be approved by the officer with whom the same is filed, conditioned to pay all costs and expenses which may be incurred in case the proceedings are dismissed or for any reason no contract is entered into for the construction of the system or other improvement petitioned for. In lieu of a bond cash may be deposited and forfeited to the county or counties in the event the proceedings are dismissed and if for any reason no contract is entered into for construction of the system or other improvement petitioned for. If the project is approved, the cash so deposited shall be returned to the petitioners.
History:
1971 c 916 s 3
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116A — Public Water And Sewer Systems › Section 116A.04 — Insufficient Bond; Expenses Not To Exceed Penalty Of Bond.

116A.04 INSUFFICIENT BOND; EXPENSES NOT TO EXCEED PENALTY OF BOND.
(a) If it shall appear at any time prior to the making of the order establishing the system that the bond of petitioners is insufficient in amount to protect the county or counties from loss on account of any costs or expenses incurred or to be incurred, the court or board shall require an additional bond. In such event, all further proceedings shall be stayed until such bond is furnished, and if additional bond is not furnished within the time fixed by the board or court, the proceedings may be dismissed.
(b) In all proceedings, the expenses incurred prior to establishment shall not exceed the penalty named in the bond or bonds given by the parties. No claim in excess of the amount of the bond or bonds shall be audited or paid by direction of the board or court unless one or more of the parties in the proceeding shall, within such time as the board or court directs, make and file an additional bond with sufficient sureties in such amount as the board or court directs.
History:
1971 c 916 s 4
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116A — Public Water And Sewer Systems › Section 116A.05 — Dismissing Proceedings.

116A.05 DISMISSING PROCEEDINGS.
Sixty percent of the petitioners may dismiss a proceeding under the provisions of sections 116A.01 to 116A.26 at any time prior to the order establishing the improvement, upon payment of all lawful costs, charges, expenses, and fees in the proceeding.
History:
1971 c 916 s 5
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116A — Public Water And Sewer Systems › Section 116A.06 — Engineer.

116A.06 ENGINEER.
Subdivision 1.
Appointment.
Upon filing of the petition and bond, the board or court shall, within 30 days, by order appoint an engineer to make a preliminary survey within the time fixed in the order. The engineer shall act as engineer throughout the proceeding unless otherwise ordered.
Subd. 2.
Qualification.
The engineer shall within ten days after appointment take and subscribe an oath to faithfully perform the assigned duties according to the best of the engineer's ability, and give a bond in an amount fixed by the board or court, but not less than $5,000, with good and sufficient surety, payable to the county or counties affected by the proposed improvement for their benefit and for the use of all parties aggrieved or injured by any negligence or malfeasance by the engineer while in any manner employed in the proceedings, conditioned that the engineer will diligently, honestly, and using the best skill and ability, during the full period of employment, perform the duties as engineer. The bond shall be approved by the auditor or court administrator, and the aggregate liability of the surety for all such damages shall not exceed the amount of the bond. In case of a change of engineers, each succeeding engineer shall make and file the required oath and bond.
Subd. 3.
Consulting engineer.
After appointment of the engineer, and during the pendency of any proceeding or during the construction of the system, the board or court may employ an engineer as a consulting engineer in the proceeding. The consulting engineer shall advise the engineer and the board or court as to engineering matters and problems which may arise in connection with the system. Compensation shall be fixed by the board or court.
History:
1971 c 916 s 6; 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.07 — Preliminary Survey And Report.

116A.07 PRELIMINARY SURVEY AND REPORT.
The engineer shall promptly examine all matters set forth in the petition and order, make such preliminary survey of the territory likely to be affected by the proposed improvement as will enable the engineer to determine whether it is necessary and feasible, and report accordingly. If some plan other than that described in the petition is found practical, the engineer shall so report, giving such detail and information as is necessary to inform the court or board on all matters pertaining to the feasibility of the proposed plan, either as outlined in the petition or according to a different plan recommended by the engineer. Upon completion of the survey and report, the engineer shall file the report in duplicate with the auditor or clerk.
History:
1971 c 916 s 7; 1986 c 444
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 116A — Public Water And Sewer Systems › Section 116A.09 — Order For Detailed Survey.

116A.09 ORDER FOR DETAILED SURVEY.
(a) Upon the filing of the order as specified in section 116A.08, the board or court shall order the engineer to proceed to make a detailed survey and furnish all necessary plans and specifications for the proposed improvement, together with an estimate of the total cost of construction of the system, and report the same to the board or court with all reasonable dispatch.
(b) The cost estimate shall include:
(1) the amounts payable to contractors at and prior to completion of construction in accordance with the plans and specifications;
(2) all court costs;
(3) estimated damages payable as reported by the viewers in accordance with section 116A.11;
(4) the cost of acquisition of all lands and easements required;
(5) the cost of necessary engineering, financial, legal, and other professional service;
(6) the cost of printing, publication, and mailing of all required notices of court proceedings, hearings, and bond sales;
(7) interest estimated to accrue on money to be borrowed for the system from the date or dates of borrowing to the initial date or dates of collection of special assessments or revenues of the system sufficient to carry current interest cost; and
(8) all other items of expense incurred and estimated to be incurred in the establishment of the system from its inception to its completion.
(c) The board or court may direct the engineer to include in the report an assessment roll based upon calculation, by the county auditor or auditors with the assistance of the engineer or another qualified person selected by the board or court, of the proper amount to be specially assessed for the system against every assessable lot, piece, or parcel of land, without regard to cash valuation. The assessment roll shall be based upon the engineer's estimate of the total cost, but the board or court may direct the engineer also to calculate the expenses of operation of the system when completed, the times and numbers of connections thereto from buildings on individual lots, pieces, and parcels of land, the rates and amounts of connection charges and periodic use charges which may be made for the use and availability of the service of the system, the net revenues, over and above the current cost of operation and maintenance, which are estimated to be available, after completion, for the payment of principal and interest on money borrowed for the system, and the amounts by which the special assessments to be collected annually may be reduced or their payment deferred if such net revenues are realized.
History:
1971 c 916 s 9; 1973 c 322 s 3; 1977 c 442 s 7; 1986 c 444