Subdivision 1. Misdemeanors. Except as provided in subdivision 2, a person is guilty of a misdemeanor who:
(1) undertakes or procures another to undertake an alteration in the course, current, or cross section of public waters or appropriates waters of the state without previously obtaining a permit from the commissioner, regardless of whether the commissioner would have granted a permit had an application been filed;
(2) undertakes or procures another to undertake an alteration in the course, current, or cross section of public waters or appropriates waters of the state in violation of or in excess of authority granted under a permit issued by the commissioner, regardless of whether an application had been filed for permission to perform the act involved or whether the act involved would have been permitted had a proper application been filed;
(3) undertakes or procures another to undertake an alteration in the course, current, or cross section of public waters or appropriates waters of the state after a permit to undertake the project has been denied by the commissioner; or
(4) violates a provision of this chapter.
Subd. 2. Violating section 404 permits. (a) Whenever the commissioner finds that a person is in violation of a condition or limitation set forth in a permit issued under the rules adopted by the commissioner under section 103G.127, the commissioner shall issue an order requiring the person to comply with the condition or limitation, or the commissioner shall bring a civil action in accordance with paragraph (b).
(b) The commissioner may commence a civil action for appropriate relief in district court, including a permanent or temporary injunction, for a violation for which the commissioner is authorized to issue a compliance order under paragraph (a). The court may restrain the violation and require compliance.
(c) A person who violates a condition or limitation in a permit issued by the commissioner under section 103G.127, and a person who violates an order issued by the commissioner under paragraph (a), is subject to a civil penalty not to exceed $25,000 per day for each violation. In determining the amount of a civil penalty the court shall consider the seriousness of the violation or violations, the economic benefit, if any, resulting from the violation, any history of violations, any good faith efforts to comply with the applicable requirements, the economic impact of the penalty on the violator, and other matters justice may require.
1990 c 391 art 7 s 11; 1991 c 354 art 9 s 2
Structure Minnesota Statutes
Chapter 103G — Waters Of The State
Section 103G.001 — Citation; Water Law.
Section 103G.005 — Definitions.
Section 103G.101 — Water Conservation Program.
Section 103G.105 — Cooperation With Other Agencies.
Section 103G.111 — Representing State In Water Issues.
Section 103G.115 — Enjoining Water-flow Interference Outside State.
Section 103G.121 — Commissioner's Authority To Investigate And Construct Projects.
Section 103G.125 — Director's Authority.
Section 103G.127 — Permit Program Under Section 404 Of Federal Clean Water Act.
Section 103G.131 — Venue Of Certain Actions.
Section 103G.135 — Enforcing Commissioner's Orders.
Section 103G.145 — Application.
Section 103G.201 — Public Waters Inventory.
Section 103G.205 — Effect Of Public Waters Designation.
Section 103G.211 — Draining Public Waters Prohibited Without Replacement.
Section 103G.215 — Agricultural Use Of Public Waters During Drought.
Section 103G.217 — Driftless Area; Water Resources.
Section 103G.221 — Draining Public Waters Wetlands.
Section 103G.2212 — Contractor's Responsibility When Work Drains Or Fills Wetlands.
Section 103G.222 — Replacement Of Wetlands.
Section 103G.223 — Calcareous Fens.
Section 103G.2241 — Exemptions.
Section 103G.2242 — Wetland Value Replacement Plans.
Section 103G.2243 — Local Comprehensive Wetland Protection And Management Plans.
Section 103G.2244 — Wetland Creation Or Restoration Within Pipeline Easement.
Section 103G.225 — State Wetlands And Public Drainage Systems.
Section 103G.2251 — State Conservation Easements; Wetland Bank Credit.
Section 103G.231 — Property Owner's Use Of Public Waters Wetlands.
Section 103G.235 — Restrictions On Access To Wetlands.
Section 103G.2364 — Property Owner's Use Of Wetlands.
Section 103G.2365 — Controlling Noxious Weeds.
Section 103G.237 — Compensation For Loss Of Private Use.
Section 103G.2372 — Enforcement.
Section 103G.2374 — Electronic Transmission.
Section 103G.2375 — Assumption Of Section 404 Of Federal Clean Water Act.
Section 103G.241 — Contractor's Responsibility When Work Affects Public Waters.
Section 103G.245 — Work In Public Waters.
Section 103G.251 — Investigating Activities Affecting Waters Of The State.
Section 103G.255 — Allocating And Controlling Waters Of The State.
Section 103G.261 — Water Allocation Priorities.
Section 103G.265 — Water Supply; Management.
Section 103G.27 — Water Management Account.
Section 103G.271 — Appropriation And Use Of Waters.
Section 103G.275 — Installation For Water Use.
Section 103G.281 — Water Use Prohibited Without Measuring Quantities.
Section 103G.282 — Monitoring To Evaluate Impacts From Appropriations.
Section 103G.285 — Surface Water Appropriations.
Section 103G.287 — Groundwater Appropriations.
Section 103G.289 — Well Interference; Well Sealing.
Section 103G.291 — Public Water Supply Plans; Appropriation During Deficiency.
Section 103G.293 — Statewide Drought Plan.
Section 103G.297 — Diverting Or Draining Water For Mining.
Section 103G.298 — Landscape Irrigation Systems.
Section 103G.299 — Administrative Penalties.
Section 103G.301 — General Permit; Application Procedures.
Section 103G.305 — Time Limit To Act On Water-use Permit Application.
Section 103G.311 — Permit Hearing.
Section 103G.315 — Denying And Issuing Permits.
Section 103G.401 — Application To Establish Lake Levels.
Section 103G.405 — Water Level Control For Landlocked Lakes.
Section 103G.407 — Water Level Control For Public Waters With Outlet.
Section 103G.408 — Temporary Drawdown Of Public Waters.
Section 103G.411 — Stipulation Of Low-water Mark.
Section 103G.412 — Stream Gauge Data.
Section 103G.413 — Appeal Of Order Establishing Ordinary High-water Level.
Section 103G.415 — Big Stone Lake; Seasonal Water Level.
Section 103G.421 — Control Of Mississippi Headwater Lakes.
Section 103G.501 — Constructing Private Dams On Nonnavigable Waters.
Section 103G.505 — Dam Construction And Maintenance By State.
Section 103G.511 — Publicly Owned Dam Repair.
Section 103G.515 — Examining And Repairing Dams And Reservoirs.
Section 103G.521 — Transfer Of Authority Over State Dams.
Section 103G.525 — Limitations On Transferring Dam Ownership.
Section 103G.531 — Dam Permit Exceptions.
Section 103G.535 — Hydropower Generation.
Section 103G.541 — Municipal Dams On Red River Of The North.
Section 103G.545 — Dams And Water Level Control In Cook, Lake, And St. Louis Counties.
Section 103G.551 — Dams Used Only For Water Level Regulation.
Section 103G.555 — Statute Of Limitations For Actions Against Public Officials.
Section 103G.565 — Right To Overflow, Obstruct, Or Impair Highways Granted By Governing Body.
Section 103G.571 — Bank Repair On Property Where Overflow Rights Are Acquired.
Section 103G.575 — Grant Of Flowage Easements In Upper Red Lake Region.
Section 103G.601 — Ice-cutting Fences And Guards.
Section 103G.605 — Deicing Water Bodies.
Section 103G.611 — Water Aeration Safety.
Section 103G.615 — Permits To Harvest Or Destroy Aquatic Plants.
Section 103G.621 — County Weed And Algae Destruction And Removal.
Section 103G.625 — Municipal Control Of Aquatic Vegetation And Organisms.
Section 103G.651 — Removing Sunken Logs From Public Waters.
Section 103G.701 — Stream Maintenance Program.
Section 103G.711 — State's Ownership Of Bed Of Navigable River.
Section 103G.801 — Great Lakes -- St. Lawrence River Basin Water Resources Compact.