Subdivision 1. Authority to issue. (a) Pollution Control Agency staff designated by the commissioner and Department of Natural Resources conservation officers may issue citations to a person who:
(1) disposes of solid waste as defined in section 116.06, subdivision 22, at a location not authorized by law for the disposal of solid waste without permission of the owner of the property;
(2) fails to report or recover discharges as required under section 115.061;
(3) fails to take discharge preventive or preparedness measures required under chapter 115E;
(4) fails to install or use vapor recovery equipment during the transfer of gasoline from a transport delivery vehicle to an underground storage tank as required in section 116.49, subdivisions 3 and 4;
(5) performs labor or services designing, installing, constructing, inspecting, servicing, repairing, or operating a subsurface sewage treatment system (SSTS) as defined in chapter 115 and has violated rules adopted under chapters 115 and 116 in any of the following categories:
(i) failure to acquire or maintain a current state-issued SSTS license;
(ii) failure to acquire or maintain a current surety bond for SSTS activities;
(iii) failure to acquire or maintain a required local permit for SSTS activities; or
(iv) failure to submit SSTS as-built plans or compliance inspection forms to the local governmental unit; or
(6) performs labor or services pumping, hauling, treating, spreading, dumping, discharging, or land applying septage as defined in Minnesota Rules, part 7080.1100, subpart 69, and has violated rules adopted under chapters 115 and 116 or Code of Federal Regulations, title 40, section 503, in any of the following categories:
(i) failure to acquire or maintain a current state-issued SSTS license;
(ii) failure to acquire or maintain a current surety bond for SSTS activities;
(iii) failure to provide control measures to prevent the pollution of underground waters from the discharge of septage into the saturated or unsaturated zone;
(iv) failure to produce records or maintain records in accordance with Code of Federal Regulations, title 40, section 503; or
(v) failure to treat septage for pathogens and vectors in accordance with Code of Federal Regulations, title 40, section 503.
(b) In addition, Pollution Control Agency staff designated by the commissioner may issue citations to owners and operators of facilities who violate sections 116.46 to 116.50 and Minnesota Rules, chapters 7150 and 7151 and parts 7001.4200 to 7001.4300. A citation issued under this subdivision must include a requirement that the person cited remove and properly dispose of or otherwise manage the waste or discharged oil or hazardous substance, reimburse any government agency that has disposed of the waste or discharged oil or hazardous substance and contaminated debris for the reasonable costs of disposal, or correct any storage tank violations.
(c) Citations for violations of sections 115E.045 and 116.46 to 116.50 and Minnesota Rules, chapters 7150 and 7151, may be issued only after the owners and operators have had a 60-day period to correct violations stated in writing by Pollution Control Agency staff, unless there is a discharge associated with the violation or the violation is a repeat violation from a previous inspection.
Subd. 2. Penalty amount. The citation must impose the following penalty amounts:
(1) $100 per major appliance, as defined in section 115A.03, subdivision 17a, up to a maximum of $2,000;
(2) $25 per waste tire, as defined in section 115A.90, subdivision 11, up to a maximum of $2,000;
(3) $25 per lead acid battery governed by section 115A.915, up to a maximum of $2,000;
(4) $1 per pound of other solid waste or $20 per cubic foot up to a maximum of $2,000;
(5) up to $200 for any amount of waste that escapes from a vehicle used for the transportation of solid waste if, after receiving actual notice that waste has escaped the vehicle, the person or company transporting the waste fails to immediately collect the waste;
(6) $50 per violation of rules adopted under section 116.49, relating to underground storage tank system design, construction, installation, and notification requirements, up to a maximum of $2,000;
(7) $500 per violation of rules adopted under section 116.49, relating to upgrading of existing underground storage tank systems, up to a maximum of $2,000 per tank system;
(8) $250 per violation of rules adopted under section 116.49, relating to underground storage tank system general operating requirements, up to a maximum of $2,000;
(9) $250 per violation of rules adopted under section 116.49, relating to underground storage tank system release detection requirements, up to a maximum of $2,000;
(10) $50 per violation of rules adopted under section 116.49, relating to out-of-service underground storage tank systems and closure, up to a maximum of $2,000;
(11) $50 per violation of sections 116.48 to 116.491 relating to underground storage tank system notification, monitoring, environmental protection, and tank installers training and certification requirements, up to a maximum of $2,000;
(12) $25 per gallon of oil or hazardous substance discharged which is not reported or recovered under section 115.061, up to a maximum of $2,000;
(13) $1 per gallon of oil or hazardous substance being stored, transported, or otherwise handled without the prevention or preparedness measures required under chapter 115E, up to a maximum of $2,000;
(14) $250 per violation of Minnesota Rules, parts 7001.4200 to 7001.4300 or chapter 7151, related to aboveground storage tank systems, up to a maximum of $2,000;
(15) $250 per delivery made in violation of section 116.49, subdivision 3 or 4, levied against:
(i) the retail location if vapor recovery equipment is not installed or maintained properly;
(ii) the carrier if the transport delivery vehicle is not equipped with vapor recovery equipment; or
(iii) the driver for failure to use supplied vapor recovery equipment;
(16) $500 per violation of rules adopted under chapters 115 and 116 relating to failure to comply with state subsurface sewage treatment system (SSTS) license requirements, up to a maximum of $2,000;
(17) $500 per violation of rules adopted under chapters 115 and 116 relating to failure to comply with SSTS surety bond requirements, up to a maximum of $2,000;
(18) $500 per violation of rules adopted under chapters 115 and 116 relating to failure to provide control measures to prevent the pollution of underground waters from the discharge of septage into the saturated or unsaturated zone, up to a maximum of $2,000;
(19) $500 per violation of rules adopted under chapters 115 and 116 or Code of Federal Regulations, title 40, section 503, relating to failure to treat septage for pathogens and vectors, up to a maximum of $2,000;
(20) $250 per violation of rules adopted under chapters 115 and 116 or Code of Federal Regulations, title 40, section 503, relating to failure to produce records or maintain records, up to a maximum of $2,000;
(21) $250 per violation of rules adopted under chapters 115 and 116 or Code of Federal Regulations, title 40, section 503, relating to failure to submit as-built plans or compliance inspection forms to the local governmental unit, up to a maximum of $2,000; and
(22) $500 per violation of rules adopted under chapters 115 and 116 relating to failure to obtain required local permits, up to a maximum of $2,000.
Subd. 3. Appeals. Citations may be appealed under the procedures in section 116.072, subdivision 6, if the person requests a hearing by notifying the commissioner in writing within 15 days after receipt of the citation. If a hearing is not requested within the 15-day period, the citation becomes a final order not subject to further review.
Subd. 4. Enforcing field citations. Field citations may be enforced under section 116.072, subdivisions 9 and 10.
Subd. 5. Cumulative remedy. The authority to issue field citations is in addition to other remedies available under statutory or common law, except that the state may not seek penalties under any other provision of law for the incident subject to the citation.
1994 c 585 s 33; 1998 c 379 s 3,4; 1999 c 231 s 148,149; 2000 c 488 art 3 s 28; 2003 c 128 art 1 s 138,139; 2004 c 169 s 2,3; 2014 c 237 s 10,11
Structure Minnesota Statutes
Chapters 114C - 116I — Environmental Protection
Chapter 116 — Pollution Control Agency
Section 116.011 — Pollution Report.
Section 116.02 — Pollution Control Agency; Creation And Powers.
Section 116.03 — Commissioner.
Section 116.04 — Executive Secretary.
Section 116.061 — Air Pollution; Emissions And Abatement.
Section 116.07 — Powers And Duties.
Section 116.071 — Cause Of Action For Abandoning Hazardous Waste On Property Of Another.
Section 116.0711 — Feedlot Permits; Conditions; County Grants.
Section 116.0712 — Modified Level One Feedlot Inventory.
Section 116.0713 — Livestock Odor.
Section 116.0715 — Limit On Basis For Action.
Section 116.0716 — Rule Variance.
Section 116.0717 — Minerals Deposition.
Section 116.072 — Administrative Penalties.
Section 116.073 — Field Citations.
Section 116.074 — Notice Of Permit Conditions To Local Governments.
Section 116.075 — Hearings And Records Public.
Section 116.081 — Prohibitions; Air Contaminant And Waste Facilities And Systems.
Section 116.082 — Burning Leaves; Local Ordinances.
Section 116.091 — Systems And Facilities.
Section 116.10 — Policy; Long-range Plan; Purpose.
Section 116.101 — Hazardous Waste; Control And Spill Contingency Plan.
Section 116.11 — Emergency Powers.
Section 116.12 — Hazardous Waste Administration Fees.
Section 116.125 — Notification Of Fee Increases.
Section 116.14 — Hazardous Waste Facilities; Liability Of Guarantor.
Section 116.155 — Remediation Fund.
Section 116.16 — Minnesota State Water Pollution Control Program.
Section 116.163 — Agency Review; Financial Assistance And Bids.
Section 116.165 — Inspection Responsibility.
Section 116.17 — Minnesota State Water Pollution Control Bonds.
Section 116.18 — Water Pollution Control Funds; Appropriations And Bonds.
Section 116.182 — Financial Assistance Program.
Section 116.202 — Coal Tar Sealant; Use And Sale Prohibited.
Section 116.21 — Nutrients In Cleaning Agents And Water Conditioners; Control; Statement Of Policy.
Section 116.23 — Prohibition And Restrictions.
Section 116.26 — Restoring Seized Items.
Section 116.27 — Additional Prohibition.
Section 116.28 — Lists Required.
Section 116.32 — Order To Refrain.
Section 116.33 — Proof Of Offense.
Section 116.34 — Time Limited For Proceedings.
Section 116.35 — Trial Of Offenses.
Section 116.37 — Pcb; Prohibited Use.
Section 116.385 — Trichloroethylene; Ban.
Section 116.39 — Ozone Layer; Preservation.
Section 116.41 — Waste And Waste Facilities Training And Certification.
Section 116.42 — Acid Deposition; Legislative Intent.
Section 116.43 — Acid Deposition Defined.
Section 116.44 — Sensitive Areas; Standards.
Section 116.454 — Monitoring Program.
Section 116.48 — Notification Requirements.
Section 116.482 — Petroleum Release; Notification.
Section 116.49 — Environmental Protection Requirements.
Section 116.491 — Tank Installers; Training And Certification.
Section 116.492 — Basement Storage Tanks; Removal.
Section 116.731 — Requirements To Recycle Cfc's.
Section 116.732 — Requirement To Recycle Fire Extinguisher Halons.
Section 116.733 — Medical Device Exemption.
Section 116.734 — Uniform Cfc Regulation.
Section 116.735 — Training And Certification.
Section 116.78 — Waste Management.
Section 116.79 — Management Plans.
Section 116.80 — Transporting Infectious Waste.
Section 116.801 — Incinerating Infectious Waste; Permit Required.
Section 116.802 — Incinerating Infectious Waste; Environmental Impact.
Section 116.82 — Authority Of Local Government.
Section 116.835 — Safe Sharps Management.
Section 116.84 — Monitors Required For Pcb Incinerators.
Section 116.85 — Monitors Required For Other Incinerators.
Section 116.875 — Authorized Management Methods.
Section 116.88 — Prohibited Methods Of Management.
Section 116.885 — Recycling And Treatment.
Section 116.91 — Citizen Reports Of Environmental Violations.
Section 116.915 — Mercury Reduction.
Section 116.92 — Mercury Emissions; Reduction.
Section 116.921 — Multistate Clearinghouse.
Section 116.925 — Electric Energy; Mercury Emissions Report.
Section 116.93 — Lamp Recycling Facilities.
Section 116.931 — Wheel Weights And Balancing Products; Lead And Mercury Prohibition.
Section 116.9401 — Definitions.
Section 116.9402 — Identifying Chemicals Of High Concern.
Section 116.9403 — Identifying Priority Chemicals.
Section 116.9405 — Applicability.
Section 116.9406 — Donations To The State.
Section 116.9407 — Participating In Interstate Chemicals Clearinghouse.
Section 116.97 — Small Business Air-quality Compliance Assistance Program.
Section 116.98 — Ombudsman For Small Business Air-quality Compliance Assistance Program.
Section 116.99 — Small Business Air-quality Compliance Advisory Council.
Section 116.993 — Small Business Environmental-improvement Loan Program.
Section 116.994 — Small Business Environmental-improvement Loan Accounting.