Bill Text: MN HF2163 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Pollutant spill regulation provided.
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced - Dead) 2012-02-13 - Author added Smith [HF2163 Detail]
Download: Minnesota-2011-HF2163-Introduced.html
1.2relating to environment; providing for regulation of pollutant spills;amending
1.3Minnesota Statutes 2010, sections 114C.11, subdivision 6; 115.01, by adding
1.4subdivisions; 115.061; 115E.01, subdivisions 3, 4, 6, 11, 11a, 11c, by adding
1.5subdivisions; 115E.02; 115E.03; 115E.04; 115E.05; 115E.08, subdivisions 2, 4;
1.6116.073, subdivision 1; repealing Minnesota Statutes 2010, sections 115C.065;
1.7115E.01, subdivisions 7, 11a, 13; 115E.04, subdivisions 1, 2, 3; 115E.045;
1.8115E.08, subdivision 3.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2010, section 114C.11, subdivision 6, is amended to read:
1.11 Subd. 6. Plans and progress reports under chapters 115D and 115E. A permittee
1.12complies with the plan content and timing requirements of sections115D.07 , and
1.13115E.04
, and
115E.045
1.14in an overall environmental management plan satisfactory alternative information. A
1.15permittee complies with the progress report content and timing requirements of section
1.16115D.08
if the Minnesota XL permit requires the permittee to include in its overall
1.17reporting requirements satisfactory alternative information, and specifies a schedule for
1.18submitting the information.
1.19 Sec. 2. Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision to
1.20read:
1.21 Subd. 2a. Contain and recover. "Contain and recover" means actions to prevent
1.22the spread or escape of spilled or discharged pollutant material and to remove the spilled
1.23or discharged pollutant material from soil or water or places where it may reach waters of
1.24the state. Contain and recover includes corrective actions under chapters 115B and 115C
1.25and compliant removal and disposal or treatment of contaminated soil, water, and debris.
2.1 Sec. 3. Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision to
2.2read:
2.3 Subd. 2b. Container. "Container" means a device used to store, hold, or convey
2.4liquid or solid pollutant materials including a tank, process tank, hose, pipe, pipeline,
2.5cargo vessel, cargo railcar, cargo truck or trailer, vehicle fuel tank, or treatment works.
2.6 Sec. 4. Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision to
2.7read:
2.8 Subd. 4a. Discovery. "Discovery" means identification of the fact that a spill or
2.9discharge is or may be occurring or has occurred, by any means including notification
2.10by another person.
2.11 Sec. 5. Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision to
2.12read:
2.13 Subd. 6a. Hazardous substance. "Hazardous substance" has the meaning given
2.14under section 115B.02.
2.15 Sec. 6. Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision to
2.16read:
2.17 Subd. 7a. Immediately notify. "Immediately notify" means notify as soon as
2.18possible but in no case later than one hour after the discovery of a spill or discharge.
2.19 Sec. 7. Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision to
2.20read:
2.21 Subd. 8a. Oil. "Oil" has the meaning given under section 115E.01.
2.22 Sec. 8. Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision to
2.23read:
2.24 Subd. 10a. Person in control. "Person in control" means a person who, at the time
2.25of a spill or discharge or leading up to a discharge, is transporting, filling, emptying,
2.26maintaining, or operating the container or who had physical control of the pollutant
2.27material.
2.28 Sec. 9. Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision to
2.29read:
3.1 Subd. 12a. Pollutant material. "Pollutant material" means oil, hazardous
3.2substances, hazardous wastes, and all other substances that, if spilled or discharged and
3.3not recovered, could cause water pollution.
3.4 Sec. 10. Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision
3.5to read:
3.6 Subd. 15a. Responsible person. "Responsible person" means a person who is liable
3.7under chapter 115B or 115C, or for materials that are not covered under chapter 115B or
3.8115C, the owner or operator of the pollutant material or the material's container or the
3.9owner or operator of the facility that discharged the pollutant material.
3.10 Sec. 11. Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision
3.11to read:
3.12 Subd. 18a. Spill. "Spill" means escape or loss of a pollutant material, in solid
3.13or liquid form, from its container, accidental or otherwise, recent or in the past, in any
3.14outdoor place above or below ground or in any indoor place where the pollutant material
3.15might enter a sanitary or storm sewer or drain or infiltrate into the ground or might
3.16otherwise escape from the building or structure. Spill includes release as defined under
3.17sections 115B.02, subdivision 15, and 115C.02, subdivision 12.
3.18 Sec. 12. Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision
3.19to read:
3.20 Subd. 19a. State duty officer. "State duty officer" means the single point answering
3.21system established by the Department of Public Safety under section 115E.09.
3.22 Sec. 13. Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision
3.23to read:
3.24 Subd. 19b. Storage tank system. "Storage tank system" means any one or
3.25combination of containers, including tanks, vessels, enclosures, or structures and
3.26appurtenances connected to them, whether above or below ground, that is used to contain
3.27or dispense pollutant material.
3.28 Sec. 14. Minnesota Statutes 2010, section 115.061, is amended to read:
3.29115.061 SPILLS OR DISCHARGES; DUTY TO NOTIFYAND AVOID
3.30WATER POLLUTION, CONTAIN, AND RECOVER.
4.1 Subdivision 1. Duty to contain and recover. (a)Except as provided in paragraph
4.2(b), it is the duty of every person to notify the agency immediately of the discharge,
4.3accidental or otherwise, of any substance or material under its control which, if not
4.4recovered, may cause pollution of waters of the state, and the responsible person shall
4.5recover as rapidly and as thoroughly as possible such substance or material and take
4.6immediately such other action as may be reasonably possible to minimize or abate
4.7pollution of waters of the state caused thereby Regardless of the volume of a spill or
4.8discharge, a responsible person must immediately stop the spill or discharge and take steps
4.9to thoroughly contain and recover the pollutant material to the extent safe and feasible.
4.10A responsible person must also take response or corrective actions necessary to prevent
4.11pollution or threats to public health.
4.12(b)Notification is not required under paragraph (a) for a discharge of five gallons or
4.13less of petroleum, as defined in section
115C.02, subdivision 10. This paragraph does not
4.14affect the other requirements of paragraph (a) If there is more than one responsible person
4.15for a spill or discharge, they may, by mutual agreement, select one responsible person to
4.16act on behalf of all responsible persons. If there is no agreement, each responsible person
4.17remains responsible to contain and recover the pollutant material and to take response or
4.18corrective actions.
4.19(c) Actions initiated or taken by third parties such as local officials, fire departments,
4.20or public works personnel do not relieve a responsible person from the duty to contain and
4.21recover spilled or discharged pollutant material and take other necessary response and
4.22corrective actions.
4.23 Subd. 2. Notification; spills and discharges that have entered state waters.
4.24A person in control or a responsible person who discovers that a pollutant material has
4.25directly or indirectly entered waters of the state by spillage, runoff, infiltration, or other
4.26means must immediately notify the agency regardless of the quantity of pollutant material
4.27discharged or spilled and regardless of whether the discharge or spill was intentional
4.28or accidental. Notification and follow-up reporting must be made as required under
4.29subdivision 5.
4.30 Subd. 3. Notification; spills that have not yet reached state waters. Except as
4.31provided in subdivision 4, a person in control or a responsible person must immediately
4.32notify the agency of the discovery of a pollutant material that has been spilled but that has
4.33not yet reached waters of the state, unless the spill of the pollutant material is known to
4.34be less than the volumes in Table I. Notification and follow-up reporting must be made
4.35as required under subdivision 5.
5.48 Subd. 4. Notification in specific circumstances. (a) A property owner or a person
5.49in control of or responsible for a container or pollutant material must immediately notify
5.50the agency, according to subdivision 5, of the discovery of a spill the volume of which is
6.1not known and cannot be reasonably estimated or discovery of a spill of a material that
6.2cannot be reasonably identified.
6.3(b) A person in control or responsible person must immediately notify the agency,
6.4according to subdivision 5, of every spill or discharge of hazardous waste and every spill
6.5or discharge of fluid containing 50 parts per million or more PCB's.
6.6(c) For storage tank systems:
6.7(1) a responsible person must immediately notify the agency, according to
6.8subdivision 5, of the discovery of all pollutant material leaks, spills, and overfills or
6.9leaking pipes, hoses, or appurtenances; discovery of the presence of pollutant material in
6.10sumps, basins, and secondary containment; and discovery of other loss of stored pollutant
6.11material from a storage tank system if the loss exceeds the quantities in Table I under
6.12subdivision 3 or if the quantity of the loss cannot be reliably estimated. Notification shall
6.13be made regardless of whether the spill is or appears to be contained by a secondary
6.14containment structure either separate from or integral to the tank or piping design. As used
6.15in this clause, "secondary containment" includes an engineered structure such as a dike,
6.16sump, vault, or holding basin; the interstice of double-walled and doubled-floored tanks;
6.17and a curbed pad and tank overfill catchment structure for substance transfer operations;
6.18(2) notification of leak testing or leak detection method results must be according
6.19to this clause. Any leak testing or leak detection method performed on a storage tank or
6.20tank appurtenance must be done by qualified personnel. Examples of leak testing and
6.21leak detection methods include, but are not limited to, visual monitoring, internal tank
6.22inspection, tightness testing, automatic tank gauging, interstitial monitoring, sensing
6.23devices, monitoring wells, chemical marker, vacuum testing, pressure testing, hydrostatic
6.24testing, and inventory reconciliation:
6.25(i) if, in the opinion of test personnel pursuant to the applicable testing protocol or
6.26detection procedure, the storage tank or tank appurtenance is leaking or has leaked or has
6.27failed the leak test, the test personnel must immediately notify the responsible person, who
6.28must immediately notify the agency according to subdivision 5;
6.29(ii) if, in the opinion of an agency inspector or test personnel pursuant to the
6.30applicable testing protocol or detection procedure, the storage tank or tank appurtenance
6.31may have a leak or the test result is inconclusive, the test personnel and responsible person
6.32must immediately repeat the test or take further investigatory steps to determine whether a
6.33leak is occurring or has occurred. If a definitive test result cannot be reached within 48
6.34hours of the first test, the test personnel must notify the responsible person, who must
6.35immediately notify the agency according to subdivision 5;
7.1(iii) if, in the opinion of test personnel pursuant to the applicable testing protocol
7.2or detection procedure, the storage tank or tank appurtenance does not have a leak or
7.3has passed the leak test, no notification is required. In such case, the responsible person
7.4must retain the qualified test personnel's report on the test and must provide the report
7.5to the agency upon request; and
7.6(iv) the agency may be rule, permit, or guidance establish procedures for leak testing
7.7and leak detection, such as acceptable methods, qualifications, test protocols, thresholds,
7.8record keeping, and reporting;
7.9(3) if contaminated soil, contaminated groundwater, free product as a liquid or
7.10vapor, or other indication of a historic spill is discovered by measurement or observation
7.11during operation or repair of an active storage tank system or tank appurtenance, the
7.12property owner or responsible person must immediately notify the agency according to
7.13subdivision 5. If the condition is discovered during repair or removal of an inactive and
7.14empty storage tank, the property owner or responsible person must notify the agency
7.15the next business day; and
7.16(4) a person such as a consultant or contractor involved in the testing, inspection,
7.17repair, investigation, closure, or removal of a storage tank or tank appurtenance must
7.18immediately notify the responsible person if field instruments, observations, or laboratory
7.19tests indicate that a spill or leak has or may have occurred. The person must notify the
7.20agency of the indication of a spill or leak by the next business day if the person has not
7.21confirmed that the responsible person has notified the agency.
7.22 Subd. 5. Notifications and follow-up reports. (a) Notification to the agency under
7.23subdivisions 2 to 4 must be made by telephone call to the state duty officer or by an
7.24electronic notification system if the state duty officer makes such a system available.
7.25(b) If there is more than one person in control or responsible for a pollutant material
7.26that was spilled or discharged, they may, by mutual agreement, make a single notification
7.27on behalf of all persons required to notify. Each remains responsible, however, for the
7.28completeness and accuracy of the notification and for follow-up information and reporting
7.29under paragraph (e). If there is no agreement, each person who is required to notify must
7.30make a notification.
7.31(c) A notification made by a third party such as a fire department or passerby
7.32does not relieve any person in control or responsible person from a spill or discharge
7.33notification duty. A notification to the state duty officer does not replace a 911 call to a
7.34local public safety answering point, any required calls to a local sanitary sewer operator,
7.35or any calls mandated by other state or federal law, except as specifically provided
7.36under chapter 115E. A notification to the state duty officer under this section that is
8.1related to hazardous substances or oil also serves as a notification to the Department of
8.2Transportation, Department of Public Safety, and Department of Agriculture if the caller
8.3identifies those other agencies as requiring notice.
8.4(d) The person making the notification to the state duty officer must provide the
8.5following information, to the extent known at the time of the notification:
8.6(1) the material spilled or discharged or the type of material if the exact material
8.7identification is not known;
8.8(2) the quantity spilled or an estimate or description of the quantity if the exact
8.9volume of spill is not known;
8.10(3) the location of the spill, extent of spread of the spill, and proximity of the spill to
8.11surface waters, storm or sanitary sewers, wells, and structures;
8.12(4) the circumstances of the spill, including, if known, cause, time of spill, and
8.13time of discovery;
8.14(5) whether a responsible person or another person has committed to contain,
8.15recover, and otherwise respond to the spill;
8.16(6) actions taken and actions planned to contain, recover, and otherwise respond to
8.17the spill;
8.18(7) whether the person in control, a responsible person, a property owner, a local
8.19official, or a third party requests assistance or guidance from the agency or other state
8.20personnel;
8.21(8) a telephone number that will be answered for the next hour by a knowledgeable
8.22person in control or responsible person at the scene of the spill, a telephone number that
8.23will be answered the next business day, and an e-mail or other electronic contact for the
8.24responsible person; and
8.25(9) an explanation for any late report or delayed containment and recovery.
8.26(e) Follow-up notifications must be made to the state duty officer by telephone or
8.27e-mail when previously unknown required information under paragraph (d) becomes
8.28known to the person in control or the responsible person.
8.29(f) For spills or discharges greater than ten times the volume of notification
8.30thresholds under subdivision 3, Table I, and as requested by the agency under section
8.31116.091, a responsible person must submit a written report on the spill or discharge to the
8.32agency containing the information in clauses (1) to (5) within 30 days after the date of the
8.33notification to the state duty officer. The written report must identify the spill by state duty
8.34officer report number and must summarize:
8.35(1) the quantity of the spill as finally determined;
9.1(2) the quantity of spilled material that was recovered as liquid or solid material,
9.2estimated quantity of material that was recovered in soil or debris, estimated quantity of
9.3material treated on site, quantity of material that was disposed of off site, and quantity of
9.4spilled material that was not recovered;
9.5(3) the location and facilities used for disposal;
9.6(4) the cause of the spill; and
9.7(5) the actions taken to prevent or prepare for similar spills in the future.
9.8 Sec. 15. Minnesota Statutes 2010, section 115E.01, subdivision 3, is amended to read:
9.9 Subd. 3.Commissioners Commissioner. "Commissioners Commissioner" means
9.10the commissioner ofpublic safety and
9.11(1) the commissioner of agriculture, with respect to agricultural chemicals; or
9.12(2) the commissioner of the Pollution Control Agency, with respect to other
9.13hazardous substances and oil.
9.14 Sec. 16. Minnesota Statutes 2010, section 115E.01, is amended by adding a subdivision
9.15to read:
9.16 Subd. 3b. Container. "Container" has the meaning given under section 115.01.
9.17 Sec. 17. Minnesota Statutes 2010, section 115E.01, subdivision 4, is amended to read:
9.18 Subd. 4. Discharge. "Discharge"means an intentional or unintentional emission,
9.19other than natural seepage, and includes, but is not limited to, spilling, leaking, pumping,
9.20pouring, emitting, emptying, or dumping; has the meaning given under section 115.01
9.21and also includes release as defined insection sections
115B.02, subdivision 15 , and
9.22115C.02, subdivision 12.
9.23 Sec. 18. Minnesota Statutes 2010, section 115E.01, subdivision 6, is amended to read:
9.24 Subd. 6. Hazardous substance. "Hazardous substance" has the meaning given in
9.25section115B.02, subdivision 8 , except a hazardous substance that is also regulated as an
9.26agricultural chemical under chapter 18D or 18E.
9.27 Sec. 19. Minnesota Statutes 2010, section 115E.01, subdivision 11, is amended to read:
9.28 Subd. 11. Response. "Response" has the meaning given in section115B.02,
9.29subdivision 18 , and the meaning of corrective action given in section
115C.02, subdivision
9.304 . Response includes actions to contain and recover a spill or discharge and restoration,
10.1rehabilitation, replacement, or acquisition of the equivalent of the natural resources
10.2affected by the discharge of hazardous substances or oil.
10.3 Sec. 20. Minnesota Statutes 2010, section 115E.01, subdivision 11a, is amended to
10.4read:
10.5 Subd. 11a. Response area. "Response area" means the area designated by the
10.6federal on-scene coordinator, or the commissioner of the Pollution Control Agency, or the
10.7commissioner of agriculture in which response to a discharge is occurring.
10.8 Sec. 21. Minnesota Statutes 2010, section 115E.01, subdivision 11c, is amended to
10.9read:
10.10 Subd. 11c. Responsible party. "Responsible party" means a responsible person as
10.11defined under section 115.01 or chapter 115B or 115C or a responsible party as defined in
10.12section 1001 of the Oil Pollution Act of 1990.
10.13 Sec. 22. Minnesota Statutes 2010, section 115E.01, is amended by adding a subdivision
10.14to read:
10.15 Subd. 11d. Spill. "Spill" has the meaning given under section 115.01.
10.16 Sec. 23. Minnesota Statutes 2010, section 115E.02, is amended to read:
10.17115E.02 DUTY TO PREVENT DISCHARGES AND SPILLS.
10.18A person who owns or operates a vessel or facility transporting, storing, or otherwise
10.19handling hazardous substances or oil or who is otherwise in control of hazardous
10.20substances or oil shall take reasonable steps to prevent the discharge or spill of those
10.21materials in a place or manner that might cause pollution of the land, waters, or air of
10.22the state or that might threaten the public'ssafety or health. Compliance with Pollution
10.23Control Agency rules and permits, Department of Transportation rules, United States
10.24Environmental Protection Agency regulations, United States Coast Guard regulations,
10.25established fire and building codes, and nationally recognized industrial standards is
10.26considered among the reasonable required steps to prevent discharges.
10.27 Sec. 24. Minnesota Statutes 2010, section 115E.03, is amended to read:
10.28115E.03 DUTY TO PREPARE FOR RESPONSE TO DISCHARGES AND
10.29SPILLS.
10.30 Subdivision 1. General preparedness. A person who owns or operates a vessel or
10.31facility transporting, storing, or otherwise handling hazardous substances or oil or who is
11.1otherwise in control of hazardous substances or oil shall be prepared at all times to rapidly
11.2and thoroughly recover discharged or spilled hazardous substances or oil that were under
11.3that person's control and to take all other actions necessary to minimize or abate pollution
11.4of land, waters, and air of the state and to protect the public'ssafety and health.
11.5 Subd. 2. Specific preparedness. The following persons shall comply with the
11.6specific requirements of subdivisions 3 and 4 and section115E.04 :
11.7(1) persons who own or operate a vessel that is constructed or adapted to carry, or
11.8that carried, oil or hazardous substances in bulk as cargo or cargo residue;
11.9(2) persons who own or operate railroad car rolling stock transporting an aggregate
11.10total of more than 100,000 gallons of oil or hazardous substance as cargo in Minnesota
11.11in any calendar month;
11.12(3) persons who own or operate facilities containing1,000,000 10,000 gallons or
11.13more of oil or hazardous substance in tank storage at any time;
11.14(4) persons who own or operate facilities where there is transfer of an average
11.15monthly aggregate total of more than1,000,000 100,000 gallons of oil or hazardous
11.16substances to or from vessels, tanks, rolling stock, vehicles, or pipelines, except for
11.17facilities where the primary transfer activity is the retail sales of motor fuels;
11.18(5) persons who own or operate hazardous liquid pipeline facilities through which
11.19more than 100,000 gallons of oil or hazardous substance is transported in any calendar
11.20month;and
11.21(6) personsrequired to demonstrate preparedness under section
115E.05. who own or
11.22operate trucks or cargo trailer rolling stock transporting an average monthly aggregate total
11.23of more than 10,000 gallons of oil or hazardous substances as bulk cargo in this state; and
11.24(7) persons who own electrical equipment with more than 100,000 aggregate total
11.25gallons of dielectric fluid in the state.
11.26 Subd. 3. Level of preparedness. (a) A person described in subdivision 2 that is
11.27subject to the federal Oil Pollution Act of 1990 shall maintaina the level of preparedness
11.28that ensures required by the federal Oil Pollution Act of 1990 regulations to ensure that
11.29effective response can reliably be made to worst case discharges as defined by federal
11.30law and regulation.
11.31(b) A person described in subdivision 2 that is not subject to the federal Oil Pollution
11.32Act of 1990 shall maintain a level of preparedness that ensures that effective response
11.33can reliably be made to spills of all materials that the person stores, transports, transfers,
11.34or otherwise handles, for the quantities of the largest containers that the person owns,
11.35operates, transports, or otherwise handles.
12.1 Subd. 4. Demonstration of satisfactory preparedness. A person required to
12.2maintain preparedness under subdivision 2 may demonstrate satisfactory preparedness to
12.3the commissionerof the lead agency through one or a combination of the following means:
12.4(1) adequate response personnel and equipment in the usual employ of the person;
12.5(2) adequate response personnel and equipment available from for-hire cleanup
12.6contractors with arrangements made for their deployment;
12.7(3) adequate response personnel and equipment from a response cooperative or
12.8community awareness and emergency response organizationmeeting guidelines prepared
12.9by the lead agency with arrangements made for their deployment; or
12.10(4) adequate response personnel and equipment of local, state, or federal public
12.11sector response organizations with arrangements made for their deployment.
12.12 Subd. 5. Department of Transportation. The commissioner of transportation may
12.13examine the evidence of financial responsibility required under section 1016 of the Oil
12.14Pollution Act of 1990 for a vessel and may apply the sanctions in that section.
12.15 Sec. 25. Minnesota Statutes 2010, section 115E.04, is amended to read:
12.16115E.04PREVENTION AND RESPONSE PLANS PREPAREDNESS.
12.17Subdivision 1. Plan contents. Persons required to show specific preparedness under
12.18section
115E.03, subdivision 2, shall prepare and maintain a prevention and response plan
12.19for a worst case discharge. The plan must:
12.20(1) describe how it is consistent with the requirements of the national or area
12.21contingency plans developed under the Oil Pollution Act of 1990;
12.22(2) describe the measures taken to prevent discharges from occurring, including
12.23prevention of a worst case discharge, prevention of discharges of lesser magnitude, and
12.24prevention of discharges similar to those that have occurred from the vessel or facility
12.25during its history of operation;
12.26(3) identify the individual or individuals having full authority to implement response
12.27actions, and those individuals' qualifications and titles;
12.28(4) identify how communication and incident command relationships will be
12.29established between the individuals in command of a vessel or facility response and the
12.30following persons:
12.31(i) individuals in the employ of the owner or operator of the vessel or facility who
12.32are responding to the discharge;
12.33(ii) appropriate federal, state, and local officials; and
12.34(iii) other persons providing emergency response equipment and personnel;
13.1(5) describe the facility or vessel and identify the locations and characteristics of
13.2potential worst case discharges from the vessel or facility;
13.3(6) identify the means under section
115E.03, subdivision 4, that will be used to
13.4satisfy the requirement to have adequate equipment and personnel to respond to a worst
13.5case discharge;
13.6(7) contain copies of contracts, correspondence, or other documents showing that
13.7adequate personnel and equipment as described in section
115E.03, subdivision 4, will be
13.8available to respond to a worst case discharge;
13.9(8) describe the actions that will be taken by the persons described in section
13.10115E.03, subdivision 4, in the event of a worst case discharge; and
13.11(9) describe the training, equipment testing, periodic drills, and unannounced drills
13.12that will be used to ensure that the persons and equipment described in section
115E.03,
13.13subdivision 4
, are ready for response.
13.14A plan submitted to the federal government under the Oil Pollution Act of 1990 or
13.15prepared under other law may be used to satisfy the requirements in clauses (1) to (9)
13.16provided that the information required by clauses (1) to (9) is included in the plan.
13.17 Subd. 1a. Specific prevention and preparedness measures; plans required.
13.18(a) Persons who own or operate facilities listed in section 115E.03, subdivision 2, must
13.19comply with the prevention and preparedness measures of subdivisions 1a to 3d.
13.20(b) Facilities listed in section 115E.03, subdivision 2, that are subject to federal Oil
13.21Pollution Act of 1990 plan requirements must maintain a compliant federal plan that
13.22contains or describes the information under subdivisions 2a to 3d or may maintain a
13.23separate spill prevention and response plan that contains the information in subdivisions
13.242a to 3d.
13.25(c) Facilities listed in section 115E.03, subdivision 2, that are not subject to federal
13.26Oil Pollution Act of 1990 plan requirements must maintain a written spill prevention and
13.27response plan that contains or describes the information in subdivisions 2a to 3d.
13.28(d) The written federal Oil Pollution Act of 1990 plan or the written spill prevention
13.29and response plan must be maintained on site, must be updated with all major changes in
13.30facility, operations, contacts, or materials, and must be available to employees or other
13.31parties with any role in the plan.
13.32Subd. 2. Timing. (a) A person required to be prepared under section
115E.03, other
13.33than a person who owns or operates a motor vehicle, rolling stock, or a facility that stores
13.34less than 250,000 gallons of oil or a hazardous substance, shall complete the response plan
13.35required by this section by March 1, 1993, unless one of the commissioners orders the
13.36person to demonstrate preparedness at an earlier date under section
115E.05.
14.1(b) A person who owns or operates a motor vehicle, rolling stock, or a facility
14.2that stores less than 250,000 gallons of oil or a hazardous substance shall complete the
14.3response plan required by this section by January 1, 1994.
14.4(c) Plans required under section
115E.04 or
115E.045 must be updated every three
14.5years. Plans must be updated before three years following a significant discharge, upon
14.6significant change in vessel or facility operation or ownership, upon significant change in
14.7the national or area contingency plans under the Oil Pollution Act of 1990, or upon change
14.8in the capabilities or role of a person named in a plan who has an important response role.
14.9 Subd. 2a. Site diagrams and maps. (a) All facilities listed in section 115E.03,
14.10subdivision 2, that operate in a fixed location, including major pumping stations and
14.11terminals of pipeline systems, electrical substations with more than 10,000 gallons of
14.12dielectric fluid, and major fueling and yard locations of railroads must have a site diagram
14.13that is posted on site or accessible at all times to employees and first responders and
14.14that shows:
14.15(1) the oil and hazardous substance storage, transfer, use, and control locations
14.16on the site;
14.17(2) drainage on the site, including direction of drainage, storm and sanitary sewer
14.18inlets, ditches, storm water structures, and storm water outfalls;
14.19(3) adjacent private wells and any public water supply wellhead protection zones
14.20in the area of the facility;
14.21(4) location of on-site containment and response equipment; and
14.22(5) contact information for the facility operators and the state duty officer.
14.23(b) In addition to the site diagram under paragraph (a), all facilities listed in section
14.24115E.03, subdivision 2, that are subject to the federal Oil Pollution Act of 1990 must have:
14.25(1) for fixed facilities, a map showing:
14.26(i) the receiving water body into which the site's storm water and drainage drains;
14.27(ii) response access points to those receiving waters;
14.28(iii) the sensitive areas of those receiving waters as shown in the federal
14.29Environmental Protection Agency Inland Sensitivity Atlas and sensitive areas from which
14.30to divert spilled material; and
14.31(iv) potential areas in those receiving waters in which to recover spilled material and
14.32strategies to recover spilled material; and
14.33(2) for railroad and pipeline facilities and for vessels in scheduled routes, a map
14.34showing:
14.35(i) the sensitive areas adjacent to and downstream of the facility right-of-way or
14.36route as shown in the federal Environmental Protection Agency Inland Sensitivity Atlas
15.1and sensitive areas from which to divert spilled material adjacent to and downstream of
15.2major water bodies adjacent to rights-of-way; and
15.3(ii) potential areas in and strategies with which to recover spilled material.
15.4Subd. 3. Notification. (a) The commissioner of public safety must be notified when
15.5any of the following takes place:
15.6(1) submission of the plan to the federal government;
15.7(2) granting of exemptions or extensions of time by the federal government for
15.8submission of the plan; or
15.9(3) completion of the plan if submission to the federal government is not required.
15.10(b) Notification under this subdivision must be on a form prescribed by the
15.11commissioner of public safety and must include:
15.12(1) a description of the facility or vessel;
15.13(2) a description of the activities involving oil or hazardous substances;
15.14(3) a description of the types of materials being handled, including whether
15.15agricultural chemicals are involved; and
15.16(4) other information required by the commissioner.
15.17(c) The commissioner of public safety shall transmit a copy of the notification to the
15.18other commissioners as appropriate, depending on the types of materials involved.
15.19 Subd. 3a. Equipment. (a) All facilities listed in section 115E.03, subdivision 2, that
15.20operate in a fixed location, including major pumping stations and terminals of pipeline
15.21systems, electrical substations with more than 10,000 gallons of dielectric fluid, and major
15.22fueling and yard locations of railroads must have:
15.23(1) equipment and materials maintained on site for use by trained employees or first
15.24responders to contain spills by diking, blocking drainage, covering storm sewer inlets, and
15.25absorbing oil; and
15.26(2) for facilities adjacent to surface water or with oil storage or transfer within 50
15.27feet of a storm sewer, access to at least 50 feet of on-water spill containment boom and
15.28sorbent boom or pads suitable for deployment at a storm sewer outfall. The equipment
15.29may be housed at a local fire department or public works department under a written
15.30agreement and may be jointly owned with nearby facilities under a written agreement.
15.31(b) All facilities listed in section 115E.03, subdivision 2, that are subject to the
15.32federal Oil Pollution Act of 1990 equipment requirements must maintain equipment and
15.33materials required by the federal Oil Pollution Act of 1990 in compliance with the act.
15.34(c) Vessel, railroad, and trucking mobile facilities listed in section 115E.03,
15.35subdivision 2, that are not subject to the federal Oil Pollution Act of 1990 equipment
15.36requirements must have equipment and materials on the vessel, train, or truck sufficient to
16.1provide initial containment and storm sewer blockage in the event of a fuel tank leak or
16.2small cargo tank leak or a transfer operation spill.
16.3 Subd. 3b. Contracts and arrangements. (a) All facilities listed in section 115E.03,
16.4subdivision 2, that are subject to the federal Oil Pollution Act of 1990 must maintain
16.5written contracts with oil spill removal organizations and other contractors in compliance
16.6with the act.
16.7(b) All facilities listed in section 115E.03, subdivision 2, that are not subject to the
16.8federal Oil Pollution Act of 1990 must maintain written arrangements with contractors
16.9and other parties qualified to stop, contain, and recover spilled materials from the facility.
16.10(c) All facilities listed in section 115E.03, subdivision 2, must have an employee
16.11who is authorized to hire response contractors readily available on site or available by
16.12telephone at all times to on-site staff and first responders.
16.13 Subd. 3c. Containment safeguards for liquid material transfer. (a) Facilities
16.14listed in section 115E.03, subdivision 2, that routinely transfer oil or liquid hazardous
16.15substances must provide an engineered impermeable spill containment structure at the
16.16locations in the facility where oil or hazardous substance transfer is routinely made
16.17between tanks and cargo railcars or cargo trucks or trailers or between railcars and cargo
16.18trucks or trailers and locations in the facility for fueling railroad locomotives. The
16.19engineered containment must be capable of containing the largest cargo compartment
16.20involved in any transfer and also capable of containing five minutes worth of normal
16.21transfer volume. The containment structure must safely hold any spilled material until
16.22it is recovered.
16.23(b) The engineered containment structure is not required at locations for fueling
16.24vehicles or for transfers done by permanent piping between storage tanks.
16.25 Subd. 3d. Training and exercising. Facilities listed in section 115E.03, subdivision
16.262, must train new employees and must, at least annually, provide refresher training to
16.27existing employees on:
16.28(1) spill notification of local public safety responders, appropriate company officials,
16.29the state duty officer, and contracted response companies;
16.30(2) safe procedures for stopping leaks and spills by emergency shutoffs and valves
16.31and similar means;
16.32(3) procedures for isolating spill areas from traffic, people, and sources of ignition;
16.33(4) procedures for containing spills or procedures for making on-site containment
16.34equipment available to local first responders; and
16.35(5) procedures for deployment of spill containment and sorbent equipment at the
16.36surface water or storm sewer outfall connected to a fixed location facility storm sewers.
17.1 Subd. 4. Review of prevention and responseplan preparedness and plans. (a)
17.2A person required to show specific preparedness under section115E.03, subdivision 2 ,
17.3must submit a copy of the federal or state prevention and response plan toany of the
17.4commissioners who request it commissioner and to an official of a political subdivision
17.5with appropriate jurisdiction upon the official's request, or the plan and equipment and
17.6material named in the plan may be examined upon the request of an authorized agent of
17.7a the commissioner or official.
17.8(b) Upon the request ofone or more of the commissioners commissioner, a person
17.9shall demonstrate the adequacy of prevention and response plans and preparedness
17.10measures by conducting announced or unannounced drills, calling persons and
17.11organizations named in a prevention and response plan and verifying roles and capabilities,
17.12locating and testing response equipment, questioning response personnel, or other means
17.13that in the judgment of therequesting commissioner demonstrate preparedness. Before
17.14requesting an unannounced drill, the requesting commissioner shall notify the other
17.15commissioners that a drill will be requested and invite them to participate in or witness
17.16the drill. If an unannounced drill is conducted to the satisfaction of the commissioners
17.17commissioner, the person conducting the drill may not be required to conduct an additional
17.18unannounced drill in the same calendar year.
17.19 Subd. 5. Citizens advisory groups. The commissionerof the Pollution Control
17.20Agency, the Department of Agriculture, or the Department of Public Safety may establish,
17.21or a local official may request a commissioner to may establish, a citizens advisory group
17.22following a discharge of oil or a hazardous substance. The purpose of the citizens advisory
17.23group is to facilitate exchange of information and concerns related to the discharge
17.24and response between the owner or operator of the vessel or facility, the governmental
17.25responders, and the affected members of the public.
17.26 Sec. 26. Minnesota Statutes 2010, section 115E.05, is amended to read:
17.27115E.05 ORDERS AND INJUNCTIONS; ENFORCEMENT.
17.28 Subdivision 1. Amendment to plan. Ifone or more of the commissioners
17.29commissioner finds the prevention and response plans or preparedness measures of a
17.30person do not meet the requirements of this chapter, the commissioneror commissioners
17.31making the finding may by order require that reasonable amendments to the plan or
17.32reasonable additional preventive or preparedness measures be implemented in a timely
17.33fashion.If more than one commissioner makes the finding, the order must be a joint order.
17.34 Subd. 2. Compliance. If oil or a hazardous substance is discharged while it is
17.35under the control of a person not identified in section115E.03, subdivision 2 , any one of
18.1thecommissioners commissioner may by order require the person to comply with the
18.2prevention and response plan requirements of sections115E.03 and
115E.04 in a timely
18.3manner if:
18.4(1) land, water, or air of the state is polluted or threatened; or
18.5(2) human life, safety, health, natural resources, or property is damaged or threatened.
18.6 Subd. 3. Financial assurance for response.(a) For purposes of this subdivision,
18.7"ordering commissioner" means:
18.8(1) the commissioner of the Pollution Control Agency;
18.9(2) the commissioner of natural resources;
18.10(3) the commissioner of agriculture; or
18.11(4) two or more of these commissioners acting jointly.
18.12(b) (a) The ordering commissioner may issue an order under this subdivision if the
18.13ordering commissioner determines that adequate response is not being made or that other
18.14circumstances exist which indicate adequate response will not continue. When ordered by
18.15theordering commissioner, the owner or operator of a vessel or facility responsible for the
18.16discharge of a hazardous substance or oil shall provide financial assurance acceptable to
18.17theordering commissioner. The financial assurance must be in the amount necessary to
18.18cover the reasonable response costs, as determined within one year after discharge by the
18.19ordering commissioner, of any additional response that is determined to be reasonable and
18.20necessary under applicable laws and regulations.
18.21(c) (b) The ordering commissioner may issue only one financial assurance order
18.22under this subdivision for a single incident involving the discharge of hazardous
18.23substances or oil.
18.24(d) (c) The commissioner may enforce this subdivision may be enforced by the
18.25ordering commissioner under section
115.071 .
18.26(e) (d) An order issued under this subdivision shall cease to be effective upon
18.27completion of a response in accordance with applicable laws and regulations.
18.28 Subd. 4. Other enforcement powers. For the purposes of enforcing this chapter,
18.29the commissionerof the Pollution Control Agency may exercise the regulatory and
18.30enforcement powers in chapters 115 and 116and the commissioner of the Department
18.31of Agriculture may exercise the regulatory and enforcement powers in chapters 18B,
18.3218C, and 18D.
18.33 Sec. 27. Minnesota Statutes 2010, section 115E.08, subdivision 2, is amended to read:
18.34 Subd. 2. Duties. The commissioner of public safety shall at least annually assess
18.35the preparedness of each state agency for carrying out its responsibilitiesunder sections
19.1115E.01 to
115E.09
19.2of representatives of each agency to prepare for coordinated response. The commissioner
19.3of public safety shall develop an incident command system for use by state agency
19.4responders in consultation with the affected state agencies. Following each major incident,
19.5the commissioner of public safety shall review the performance of each responding agency
19.6and the adequacy of the overall response and shall report to the agencies involved and
19.7the governor.The commissioner shall also identify opportunities for state agencies to
19.8coordinate with federal departments and agencies and political subdivisions of the state
19.9for preparedness and response actions.
19.10 Sec. 28. Minnesota Statutes 2010, section 115E.08, subdivision 4, is amended to read:
19.11 Subd. 4. Annual report. The commissioner of public safety shall annually report
19.12to the appropriate committees of the legislature on the readiness of state government to
19.13respond appropriately to discharges of oil or hazardous substances.
19.14 Sec. 29. Minnesota Statutes 2010, section 116.073, subdivision 1, is amended to read:
19.15 Subdivision 1. Authority to issue. (a) Pollution Control Agency staff designated
19.16by the commissioner and Department of Natural Resources conservation officers may
19.17issue citations to a person who:
19.18(1) disposes of solid waste as defined in section116.06, subdivision 22 , at a location
19.19not authorized by law for the disposal of solid waste without permission of the owner
19.20of the property;
19.21(2) fails to report or recover discharges as required under section115.061 ;
19.22(3) fails to take discharge preventive or preparedness measures required under
19.23chapter 115E; or
19.24(4) fails to install or use vapor recovery equipment during the transfer of gasoline
19.25from a transport delivery vehicle to an underground storage tank as required in section
19.26116.49, subdivisions 3 and 4
.
19.27(b) In addition, Pollution Control Agency staff designated by the commissioner may
19.28issue citations to owners and operators of facilities who violate sections116.46 to
116.50
19.29and Minnesota Rules, chapters 7150 and 7151 and parts 7001.4200 to 7001.4300. A
19.30citation issued under this subdivision must include a requirement that the person cited
19.31remove and properly dispose of or otherwise manage the waste or discharged oil or
19.32hazardous substance, reimburse any government agency that has disposed of the waste or
19.33discharged oil or hazardous substance and contaminated debris for the reasonable costs of
19.34disposal, or correct any storage tank violations.
20.1(c) Citations for violations of sections115E.045 and
116.46 to
116.50 and Minnesota
20.2Rules, chapters 7150 and 7151, may be issued only after the owners and operators have
20.3had a 60-day period to correct violations stated in writing by Pollution Control Agency
20.4staff, unless there is a discharge associated with the violation or the violation is a repeat
20.5violation from a previous inspection.
20.6 Sec. 30. REVISOR'S INSTRUCTION.
20.7In Minnesota Statutes, section 115C.13, the revisor of statutes shall delete the
20.8reference to section 115C.065.
20.9 Sec. 31. REPEALER.
20.10Minnesota Statutes 2010, sections 115C.065; 115E.01, subdivisions 7, 11a, and 13;
20.11115E.04, subdivisions 1, 2, and 3; 115E.045; and 115E.08, subdivision 3, are repealed.
1.3Minnesota Statutes 2010, sections 114C.11, subdivision 6; 115.01, by adding
1.4subdivisions; 115.061; 115E.01, subdivisions 3, 4, 6, 11, 11a, 11c, by adding
1.5subdivisions; 115E.02; 115E.03; 115E.04; 115E.05; 115E.08, subdivisions 2, 4;
1.6116.073, subdivision 1; repealing Minnesota Statutes 2010, sections 115C.065;
1.7115E.01, subdivisions 7, 11a, 13; 115E.04, subdivisions 1, 2, 3; 115E.045;
1.8115E.08, subdivision 3.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2010, section 114C.11, subdivision 6, is amended to read:
1.11 Subd. 6. Plans and progress reports under chapters 115D and 115E. A permittee
1.12complies with the plan content and timing requirements of sections
1.14in an overall environmental management plan satisfactory alternative information. A
1.15permittee complies with the progress report content and timing requirements of section
1.17reporting requirements satisfactory alternative information, and specifies a schedule for
1.18submitting the information.
1.19 Sec. 2. Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision to
1.20read:
1.21 Subd. 2a. Contain and recover. "Contain and recover" means actions to prevent
1.22the spread or escape of spilled or discharged pollutant material and to remove the spilled
1.23or discharged pollutant material from soil or water or places where it may reach waters of
1.24the state. Contain and recover includes corrective actions under chapters 115B and 115C
1.25and compliant removal and disposal or treatment of contaminated soil, water, and debris.
2.1 Sec. 3. Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision to
2.2read:
2.3 Subd. 2b. Container. "Container" means a device used to store, hold, or convey
2.4liquid or solid pollutant materials including a tank, process tank, hose, pipe, pipeline,
2.5cargo vessel, cargo railcar, cargo truck or trailer, vehicle fuel tank, or treatment works.
2.6 Sec. 4. Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision to
2.7read:
2.8 Subd. 4a. Discovery. "Discovery" means identification of the fact that a spill or
2.9discharge is or may be occurring or has occurred, by any means including notification
2.10by another person.
2.11 Sec. 5. Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision to
2.12read:
2.13 Subd. 6a. Hazardous substance. "Hazardous substance" has the meaning given
2.14under section 115B.02.
2.15 Sec. 6. Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision to
2.16read:
2.17 Subd. 7a. Immediately notify. "Immediately notify" means notify as soon as
2.18possible but in no case later than one hour after the discovery of a spill or discharge.
2.19 Sec. 7. Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision to
2.20read:
2.21 Subd. 8a. Oil. "Oil" has the meaning given under section 115E.01.
2.22 Sec. 8. Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision to
2.23read:
2.24 Subd. 10a. Person in control. "Person in control" means a person who, at the time
2.25of a spill or discharge or leading up to a discharge, is transporting, filling, emptying,
2.26maintaining, or operating the container or who had physical control of the pollutant
2.27material.
2.28 Sec. 9. Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision to
2.29read:
3.1 Subd. 12a. Pollutant material. "Pollutant material" means oil, hazardous
3.2substances, hazardous wastes, and all other substances that, if spilled or discharged and
3.3not recovered, could cause water pollution.
3.4 Sec. 10. Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision
3.5to read:
3.6 Subd. 15a. Responsible person. "Responsible person" means a person who is liable
3.7under chapter 115B or 115C, or for materials that are not covered under chapter 115B or
3.8115C, the owner or operator of the pollutant material or the material's container or the
3.9owner or operator of the facility that discharged the pollutant material.
3.10 Sec. 11. Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision
3.11to read:
3.12 Subd. 18a. Spill. "Spill" means escape or loss of a pollutant material, in solid
3.13or liquid form, from its container, accidental or otherwise, recent or in the past, in any
3.14outdoor place above or below ground or in any indoor place where the pollutant material
3.15might enter a sanitary or storm sewer or drain or infiltrate into the ground or might
3.16otherwise escape from the building or structure. Spill includes release as defined under
3.17sections 115B.02, subdivision 15, and 115C.02, subdivision 12.
3.18 Sec. 12. Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision
3.19to read:
3.20 Subd. 19a. State duty officer. "State duty officer" means the single point answering
3.21system established by the Department of Public Safety under section 115E.09.
3.22 Sec. 13. Minnesota Statutes 2010, section 115.01, is amended by adding a subdivision
3.23to read:
3.24 Subd. 19b. Storage tank system. "Storage tank system" means any one or
3.25combination of containers, including tanks, vessels, enclosures, or structures and
3.26appurtenances connected to them, whether above or below ground, that is used to contain
3.27or dispense pollutant material.
3.28 Sec. 14. Minnesota Statutes 2010, section 115.061, is amended to read:
3.29115.061 SPILLS OR DISCHARGES; DUTY TO NOTIFY
3.30
4.1 Subdivision 1. Duty to contain and recover. (a)
4.2
4.3
4.4
4.5
4.6
4.7
4.8discharge, a responsible person must immediately stop the spill or discharge and take steps
4.9to thoroughly contain and recover the pollutant material to the extent safe and feasible.
4.10A responsible person must also take response or corrective actions necessary to prevent
4.11pollution or threats to public health.
4.12(b)
4.13
4.14
4.15for a spill or discharge, they may, by mutual agreement, select one responsible person to
4.16act on behalf of all responsible persons. If there is no agreement, each responsible person
4.17remains responsible to contain and recover the pollutant material and to take response or
4.18corrective actions.
4.19(c) Actions initiated or taken by third parties such as local officials, fire departments,
4.20or public works personnel do not relieve a responsible person from the duty to contain and
4.21recover spilled or discharged pollutant material and take other necessary response and
4.22corrective actions.
4.23 Subd. 2. Notification; spills and discharges that have entered state waters.
4.24A person in control or a responsible person who discovers that a pollutant material has
4.25directly or indirectly entered waters of the state by spillage, runoff, infiltration, or other
4.26means must immediately notify the agency regardless of the quantity of pollutant material
4.27discharged or spilled and regardless of whether the discharge or spill was intentional
4.28or accidental. Notification and follow-up reporting must be made as required under
4.29subdivision 5.
4.30 Subd. 3. Notification; spills that have not yet reached state waters. Except as
4.31provided in subdivision 4, a person in control or a responsible person must immediately
4.32notify the agency of the discovery of a pollutant material that has been spilled but that has
4.33not yet reached waters of the state, unless the spill of the pollutant material is known to
4.34be less than the volumes in Table I. Notification and follow-up reporting must be made
4.35as required under subdivision 5.
5.48 Subd. 4. Notification in specific circumstances. (a) A property owner or a person
5.49in control of or responsible for a container or pollutant material must immediately notify
5.50the agency, according to subdivision 5, of the discovery of a spill the volume of which is
6.1not known and cannot be reasonably estimated or discovery of a spill of a material that
6.2cannot be reasonably identified.
6.3(b) A person in control or responsible person must immediately notify the agency,
6.4according to subdivision 5, of every spill or discharge of hazardous waste and every spill
6.5or discharge of fluid containing 50 parts per million or more PCB's.
6.6(c) For storage tank systems:
6.7(1) a responsible person must immediately notify the agency, according to
6.8subdivision 5, of the discovery of all pollutant material leaks, spills, and overfills or
6.9leaking pipes, hoses, or appurtenances; discovery of the presence of pollutant material in
6.10sumps, basins, and secondary containment; and discovery of other loss of stored pollutant
6.11material from a storage tank system if the loss exceeds the quantities in Table I under
6.12subdivision 3 or if the quantity of the loss cannot be reliably estimated. Notification shall
6.13be made regardless of whether the spill is or appears to be contained by a secondary
6.14containment structure either separate from or integral to the tank or piping design. As used
6.15in this clause, "secondary containment" includes an engineered structure such as a dike,
6.16sump, vault, or holding basin; the interstice of double-walled and doubled-floored tanks;
6.17and a curbed pad and tank overfill catchment structure for substance transfer operations;
6.18(2) notification of leak testing or leak detection method results must be according
6.19to this clause. Any leak testing or leak detection method performed on a storage tank or
6.20tank appurtenance must be done by qualified personnel. Examples of leak testing and
6.21leak detection methods include, but are not limited to, visual monitoring, internal tank
6.22inspection, tightness testing, automatic tank gauging, interstitial monitoring, sensing
6.23devices, monitoring wells, chemical marker, vacuum testing, pressure testing, hydrostatic
6.24testing, and inventory reconciliation:
6.25(i) if, in the opinion of test personnel pursuant to the applicable testing protocol or
6.26detection procedure, the storage tank or tank appurtenance is leaking or has leaked or has
6.27failed the leak test, the test personnel must immediately notify the responsible person, who
6.28must immediately notify the agency according to subdivision 5;
6.29(ii) if, in the opinion of an agency inspector or test personnel pursuant to the
6.30applicable testing protocol or detection procedure, the storage tank or tank appurtenance
6.31may have a leak or the test result is inconclusive, the test personnel and responsible person
6.32must immediately repeat the test or take further investigatory steps to determine whether a
6.33leak is occurring or has occurred. If a definitive test result cannot be reached within 48
6.34hours of the first test, the test personnel must notify the responsible person, who must
6.35immediately notify the agency according to subdivision 5;
7.1(iii) if, in the opinion of test personnel pursuant to the applicable testing protocol
7.2or detection procedure, the storage tank or tank appurtenance does not have a leak or
7.3has passed the leak test, no notification is required. In such case, the responsible person
7.4must retain the qualified test personnel's report on the test and must provide the report
7.5to the agency upon request; and
7.6(iv) the agency may be rule, permit, or guidance establish procedures for leak testing
7.7and leak detection, such as acceptable methods, qualifications, test protocols, thresholds,
7.8record keeping, and reporting;
7.9(3) if contaminated soil, contaminated groundwater, free product as a liquid or
7.10vapor, or other indication of a historic spill is discovered by measurement or observation
7.11during operation or repair of an active storage tank system or tank appurtenance, the
7.12property owner or responsible person must immediately notify the agency according to
7.13subdivision 5. If the condition is discovered during repair or removal of an inactive and
7.14empty storage tank, the property owner or responsible person must notify the agency
7.15the next business day; and
7.16(4) a person such as a consultant or contractor involved in the testing, inspection,
7.17repair, investigation, closure, or removal of a storage tank or tank appurtenance must
7.18immediately notify the responsible person if field instruments, observations, or laboratory
7.19tests indicate that a spill or leak has or may have occurred. The person must notify the
7.20agency of the indication of a spill or leak by the next business day if the person has not
7.21confirmed that the responsible person has notified the agency.
7.22 Subd. 5. Notifications and follow-up reports. (a) Notification to the agency under
7.23subdivisions 2 to 4 must be made by telephone call to the state duty officer or by an
7.24electronic notification system if the state duty officer makes such a system available.
7.25(b) If there is more than one person in control or responsible for a pollutant material
7.26that was spilled or discharged, they may, by mutual agreement, make a single notification
7.27on behalf of all persons required to notify. Each remains responsible, however, for the
7.28completeness and accuracy of the notification and for follow-up information and reporting
7.29under paragraph (e). If there is no agreement, each person who is required to notify must
7.30make a notification.
7.31(c) A notification made by a third party such as a fire department or passerby
7.32does not relieve any person in control or responsible person from a spill or discharge
7.33notification duty. A notification to the state duty officer does not replace a 911 call to a
7.34local public safety answering point, any required calls to a local sanitary sewer operator,
7.35or any calls mandated by other state or federal law, except as specifically provided
7.36under chapter 115E. A notification to the state duty officer under this section that is
8.1related to hazardous substances or oil also serves as a notification to the Department of
8.2Transportation, Department of Public Safety, and Department of Agriculture if the caller
8.3identifies those other agencies as requiring notice.
8.4(d) The person making the notification to the state duty officer must provide the
8.5following information, to the extent known at the time of the notification:
8.6(1) the material spilled or discharged or the type of material if the exact material
8.7identification is not known;
8.8(2) the quantity spilled or an estimate or description of the quantity if the exact
8.9volume of spill is not known;
8.10(3) the location of the spill, extent of spread of the spill, and proximity of the spill to
8.11surface waters, storm or sanitary sewers, wells, and structures;
8.12(4) the circumstances of the spill, including, if known, cause, time of spill, and
8.13time of discovery;
8.14(5) whether a responsible person or another person has committed to contain,
8.15recover, and otherwise respond to the spill;
8.16(6) actions taken and actions planned to contain, recover, and otherwise respond to
8.17the spill;
8.18(7) whether the person in control, a responsible person, a property owner, a local
8.19official, or a third party requests assistance or guidance from the agency or other state
8.20personnel;
8.21(8) a telephone number that will be answered for the next hour by a knowledgeable
8.22person in control or responsible person at the scene of the spill, a telephone number that
8.23will be answered the next business day, and an e-mail or other electronic contact for the
8.24responsible person; and
8.25(9) an explanation for any late report or delayed containment and recovery.
8.26(e) Follow-up notifications must be made to the state duty officer by telephone or
8.27e-mail when previously unknown required information under paragraph (d) becomes
8.28known to the person in control or the responsible person.
8.29(f) For spills or discharges greater than ten times the volume of notification
8.30thresholds under subdivision 3, Table I, and as requested by the agency under section
8.31116.091, a responsible person must submit a written report on the spill or discharge to the
8.32agency containing the information in clauses (1) to (5) within 30 days after the date of the
8.33notification to the state duty officer. The written report must identify the spill by state duty
8.34officer report number and must summarize:
8.35(1) the quantity of the spill as finally determined;
9.1(2) the quantity of spilled material that was recovered as liquid or solid material,
9.2estimated quantity of material that was recovered in soil or debris, estimated quantity of
9.3material treated on site, quantity of material that was disposed of off site, and quantity of
9.4spilled material that was not recovered;
9.5(3) the location and facilities used for disposal;
9.6(4) the cause of the spill; and
9.7(5) the actions taken to prevent or prepare for similar spills in the future.
9.8 Sec. 15. Minnesota Statutes 2010, section 115E.01, subdivision 3, is amended to read:
9.9 Subd. 3.
9.10the commissioner of
9.11
9.12
9.13
9.14 Sec. 16. Minnesota Statutes 2010, section 115E.01, is amended by adding a subdivision
9.15to read:
9.16 Subd. 3b. Container. "Container" has the meaning given under section 115.01.
9.17 Sec. 17. Minnesota Statutes 2010, section 115E.01, subdivision 4, is amended to read:
9.18 Subd. 4. Discharge. "Discharge"
9.19
9.20
9.21and also includes release as defined in
9.22115C.02, subdivision 12.
9.23 Sec. 18. Minnesota Statutes 2010, section 115E.01, subdivision 6, is amended to read:
9.24 Subd. 6. Hazardous substance. "Hazardous substance" has the meaning given in
9.25section
9.26agricultural chemical under chapter 18D or 18E.
9.27 Sec. 19. Minnesota Statutes 2010, section 115E.01, subdivision 11, is amended to read:
9.28 Subd. 11. Response. "Response" has the meaning given in section
9.29subdivision 18
9.304
10.1rehabilitation, replacement, or acquisition of the equivalent of the natural resources
10.2affected by the discharge of hazardous substances or oil.
10.3 Sec. 20. Minnesota Statutes 2010, section 115E.01, subdivision 11a, is amended to
10.4read:
10.5 Subd. 11a. Response area. "Response area" means the area designated by the
10.6federal on-scene coordinator
10.7
10.8 Sec. 21. Minnesota Statutes 2010, section 115E.01, subdivision 11c, is amended to
10.9read:
10.10 Subd. 11c. Responsible party. "Responsible party" means a responsible person as
10.11defined under section 115.01 or chapter 115B or 115C or a responsible party as defined in
10.12section 1001 of the Oil Pollution Act of 1990.
10.13 Sec. 22. Minnesota Statutes 2010, section 115E.01, is amended by adding a subdivision
10.14to read:
10.15 Subd. 11d. Spill. "Spill" has the meaning given under section 115.01.
10.16 Sec. 23. Minnesota Statutes 2010, section 115E.02, is amended to read:
10.17115E.02 DUTY TO PREVENT DISCHARGES AND SPILLS.
10.18A person who owns or operates a vessel or facility transporting, storing, or otherwise
10.19handling hazardous substances or oil or who is otherwise in control of hazardous
10.20substances or oil shall take reasonable steps to prevent the discharge or spill of those
10.21materials in a place or manner that might cause pollution of the land, waters, or air of
10.22the state or that might threaten the public's
10.23Control Agency rules and permits, Department of Transportation rules, United States
10.24Environmental Protection Agency regulations, United States Coast Guard regulations,
10.25established fire and building codes, and nationally recognized industrial standards is
10.26considered among the reasonable required steps to prevent discharges.
10.27 Sec. 24. Minnesota Statutes 2010, section 115E.03, is amended to read:
10.28115E.03 DUTY TO PREPARE FOR RESPONSE TO DISCHARGES AND
10.29SPILLS.
10.30 Subdivision 1. General preparedness. A person who owns or operates a vessel or
10.31facility transporting, storing, or otherwise handling hazardous substances or oil or who is
11.1otherwise in control of hazardous substances or oil shall be prepared at all times to rapidly
11.2and thoroughly recover discharged or spilled hazardous substances or oil that were under
11.3that person's control and to take all other actions necessary to minimize or abate pollution
11.4of land, waters, and air of the state and to protect the public's
11.5 Subd. 2. Specific preparedness. The following persons shall comply with the
11.6specific requirements of subdivisions 3 and 4 and section
11.7(1) persons who own or operate a vessel that is constructed or adapted to carry, or
11.8that carried, oil or hazardous substances in bulk as cargo or cargo residue;
11.9(2) persons who own or operate railroad car rolling stock transporting an aggregate
11.10total of more than 100,000 gallons of oil or hazardous substance as cargo in Minnesota
11.11in any calendar month;
11.12(3) persons who own or operate facilities containing
11.13more of oil or hazardous substance in tank storage at any time;
11.14(4) persons who own or operate facilities where there is transfer of an average
11.15monthly aggregate total of more than
11.16substances to or from vessels, tanks, rolling stock, vehicles, or pipelines
11.17
11.18(5) persons who own or operate hazardous liquid pipeline facilities through which
11.19more than 100,000 gallons of oil or hazardous substance is transported in any calendar
11.20month;
11.21(6) persons
11.22operate trucks or cargo trailer rolling stock transporting an average monthly aggregate total
11.23of more than 10,000 gallons of oil or hazardous substances as bulk cargo in this state; and
11.24(7) persons who own electrical equipment with more than 100,000 aggregate total
11.25gallons of dielectric fluid in the state.
11.26 Subd. 3. Level of preparedness. (a) A person described in subdivision 2 that is
11.27subject to the federal Oil Pollution Act of 1990 shall maintain
11.28
11.29effective response can reliably be made to worst case discharges as defined by federal
11.30law and regulation.
11.31(b) A person described in subdivision 2 that is not subject to the federal Oil Pollution
11.32Act of 1990 shall maintain a level of preparedness that ensures that effective response
11.33can reliably be made to spills of all materials that the person stores, transports, transfers,
11.34or otherwise handles, for the quantities of the largest containers that the person owns,
11.35operates, transports, or otherwise handles.
12.1 Subd. 4. Demonstration of satisfactory preparedness. A person required to
12.2maintain preparedness under subdivision 2 may demonstrate satisfactory preparedness to
12.3the commissioner
12.4(1) adequate response personnel and equipment in the usual employ of the person;
12.5(2) adequate response personnel and equipment available from for-hire cleanup
12.6contractors with arrangements made for their deployment;
12.7(3) adequate response personnel and equipment from a response cooperative or
12.8community awareness and emergency response organization
12.9
12.10(4) adequate response personnel and equipment of local, state, or federal public
12.11sector response organizations with arrangements made for their deployment.
12.12 Subd. 5. Department of Transportation. The commissioner of transportation may
12.13examine the evidence of financial responsibility required under section 1016 of the Oil
12.14Pollution Act of 1990 for a vessel and may apply the sanctions in that section.
12.15 Sec. 25. Minnesota Statutes 2010, section 115E.04, is amended to read:
12.16115E.04
12.17
12.18
12.19
12.20
12.21
12.22
12.23
12.24
12.25
12.26
12.27
12.28
12.29
12.30
12.31
12.32
12.33
12.34
13.1
13.2
13.3
13.4
13.5
13.6
13.7
13.8
13.9
13.10
13.11
13.12
13.13
13.14
13.15
13.16
13.17 Subd. 1a. Specific prevention and preparedness measures; plans required.
13.18(a) Persons who own or operate facilities listed in section 115E.03, subdivision 2, must
13.19comply with the prevention and preparedness measures of subdivisions 1a to 3d.
13.20(b) Facilities listed in section 115E.03, subdivision 2, that are subject to federal Oil
13.21Pollution Act of 1990 plan requirements must maintain a compliant federal plan that
13.22contains or describes the information under subdivisions 2a to 3d or may maintain a
13.23separate spill prevention and response plan that contains the information in subdivisions
13.242a to 3d.
13.25(c) Facilities listed in section 115E.03, subdivision 2, that are not subject to federal
13.26Oil Pollution Act of 1990 plan requirements must maintain a written spill prevention and
13.27response plan that contains or describes the information in subdivisions 2a to 3d.
13.28(d) The written federal Oil Pollution Act of 1990 plan or the written spill prevention
13.29and response plan must be maintained on site, must be updated with all major changes in
13.30facility, operations, contacts, or materials, and must be available to employees or other
13.31parties with any role in the plan.
13.32
13.33
13.34
13.35
13.36
14.1
14.2
14.3
14.4
14.5
14.6
14.7
14.8
14.9 Subd. 2a. Site diagrams and maps. (a) All facilities listed in section 115E.03,
14.10subdivision 2, that operate in a fixed location, including major pumping stations and
14.11terminals of pipeline systems, electrical substations with more than 10,000 gallons of
14.12dielectric fluid, and major fueling and yard locations of railroads must have a site diagram
14.13that is posted on site or accessible at all times to employees and first responders and
14.14that shows:
14.15(1) the oil and hazardous substance storage, transfer, use, and control locations
14.16on the site;
14.17(2) drainage on the site, including direction of drainage, storm and sanitary sewer
14.18inlets, ditches, storm water structures, and storm water outfalls;
14.19(3) adjacent private wells and any public water supply wellhead protection zones
14.20in the area of the facility;
14.21(4) location of on-site containment and response equipment; and
14.22(5) contact information for the facility operators and the state duty officer.
14.23(b) In addition to the site diagram under paragraph (a), all facilities listed in section
14.24115E.03, subdivision 2, that are subject to the federal Oil Pollution Act of 1990 must have:
14.25(1) for fixed facilities, a map showing:
14.26(i) the receiving water body into which the site's storm water and drainage drains;
14.27(ii) response access points to those receiving waters;
14.28(iii) the sensitive areas of those receiving waters as shown in the federal
14.29Environmental Protection Agency Inland Sensitivity Atlas and sensitive areas from which
14.30to divert spilled material; and
14.31(iv) potential areas in those receiving waters in which to recover spilled material and
14.32strategies to recover spilled material; and
14.33(2) for railroad and pipeline facilities and for vessels in scheduled routes, a map
14.34showing:
14.35(i) the sensitive areas adjacent to and downstream of the facility right-of-way or
14.36route as shown in the federal Environmental Protection Agency Inland Sensitivity Atlas
15.1and sensitive areas from which to divert spilled material adjacent to and downstream of
15.2major water bodies adjacent to rights-of-way; and
15.3(ii) potential areas in and strategies with which to recover spilled material.
15.4
15.5
15.6
15.7
15.8
15.9
15.10
15.11
15.12
15.13
15.14
15.15
15.16
15.17
15.18
15.19 Subd. 3a. Equipment. (a) All facilities listed in section 115E.03, subdivision 2, that
15.20operate in a fixed location, including major pumping stations and terminals of pipeline
15.21systems, electrical substations with more than 10,000 gallons of dielectric fluid, and major
15.22fueling and yard locations of railroads must have:
15.23(1) equipment and materials maintained on site for use by trained employees or first
15.24responders to contain spills by diking, blocking drainage, covering storm sewer inlets, and
15.25absorbing oil; and
15.26(2) for facilities adjacent to surface water or with oil storage or transfer within 50
15.27feet of a storm sewer, access to at least 50 feet of on-water spill containment boom and
15.28sorbent boom or pads suitable for deployment at a storm sewer outfall. The equipment
15.29may be housed at a local fire department or public works department under a written
15.30agreement and may be jointly owned with nearby facilities under a written agreement.
15.31(b) All facilities listed in section 115E.03, subdivision 2, that are subject to the
15.32federal Oil Pollution Act of 1990 equipment requirements must maintain equipment and
15.33materials required by the federal Oil Pollution Act of 1990 in compliance with the act.
15.34(c) Vessel, railroad, and trucking mobile facilities listed in section 115E.03,
15.35subdivision 2, that are not subject to the federal Oil Pollution Act of 1990 equipment
15.36requirements must have equipment and materials on the vessel, train, or truck sufficient to
16.1provide initial containment and storm sewer blockage in the event of a fuel tank leak or
16.2small cargo tank leak or a transfer operation spill.
16.3 Subd. 3b. Contracts and arrangements. (a) All facilities listed in section 115E.03,
16.4subdivision 2, that are subject to the federal Oil Pollution Act of 1990 must maintain
16.5written contracts with oil spill removal organizations and other contractors in compliance
16.6with the act.
16.7(b) All facilities listed in section 115E.03, subdivision 2, that are not subject to the
16.8federal Oil Pollution Act of 1990 must maintain written arrangements with contractors
16.9and other parties qualified to stop, contain, and recover spilled materials from the facility.
16.10(c) All facilities listed in section 115E.03, subdivision 2, must have an employee
16.11who is authorized to hire response contractors readily available on site or available by
16.12telephone at all times to on-site staff and first responders.
16.13 Subd. 3c. Containment safeguards for liquid material transfer. (a) Facilities
16.14listed in section 115E.03, subdivision 2, that routinely transfer oil or liquid hazardous
16.15substances must provide an engineered impermeable spill containment structure at the
16.16locations in the facility where oil or hazardous substance transfer is routinely made
16.17between tanks and cargo railcars or cargo trucks or trailers or between railcars and cargo
16.18trucks or trailers and locations in the facility for fueling railroad locomotives. The
16.19engineered containment must be capable of containing the largest cargo compartment
16.20involved in any transfer and also capable of containing five minutes worth of normal
16.21transfer volume. The containment structure must safely hold any spilled material until
16.22it is recovered.
16.23(b) The engineered containment structure is not required at locations for fueling
16.24vehicles or for transfers done by permanent piping between storage tanks.
16.25 Subd. 3d. Training and exercising. Facilities listed in section 115E.03, subdivision
16.262, must train new employees and must, at least annually, provide refresher training to
16.27existing employees on:
16.28(1) spill notification of local public safety responders, appropriate company officials,
16.29the state duty officer, and contracted response companies;
16.30(2) safe procedures for stopping leaks and spills by emergency shutoffs and valves
16.31and similar means;
16.32(3) procedures for isolating spill areas from traffic, people, and sources of ignition;
16.33(4) procedures for containing spills or procedures for making on-site containment
16.34equipment available to local first responders; and
16.35(5) procedures for deployment of spill containment and sorbent equipment at the
16.36surface water or storm sewer outfall connected to a fixed location facility storm sewers.
17.1 Subd. 4. Review of prevention and response
17.2A person required to show specific preparedness under section
17.3must submit a copy of the federal or state prevention and response plan to
17.4
17.5with appropriate jurisdiction upon the official's request, or the plan and equipment and
17.6material named in the plan may be examined upon the request of an authorized agent of
17.7
17.8(b) Upon the request of
17.9shall demonstrate the adequacy of prevention and response plans and preparedness
17.10measures by conducting announced or unannounced drills, calling persons and
17.11organizations named in a prevention and response plan and verifying roles and capabilities,
17.12locating and testing response equipment, questioning response personnel, or other means
17.13that in the judgment of the
17.14
17.15
17.16
17.17commissioner, the person conducting the drill may not be required to conduct an additional
17.18unannounced drill in the same calendar year.
17.19 Subd. 5. Citizens advisory groups. The commissioner
17.20
17.21
17.22following a discharge of oil or a hazardous substance. The purpose of the citizens advisory
17.23group is to facilitate exchange of information and concerns related to the discharge
17.24and response between the owner or operator of the vessel or facility, the governmental
17.25responders, and the affected members of the public.
17.26 Sec. 26. Minnesota Statutes 2010, section 115E.05, is amended to read:
17.27115E.05 ORDERS AND INJUNCTIONS; ENFORCEMENT.
17.28 Subdivision 1. Amendment to plan. If
17.29commissioner finds the prevention and response plans or preparedness measures of a
17.30person do not meet the requirements of this chapter, the commissioner
17.31
17.32reasonable additional preventive or preparedness measures be implemented in a timely
17.33fashion.
17.34 Subd. 2. Compliance. If oil or a hazardous substance is discharged while it is
17.35under the control of a person not identified in section
18.1the
18.2prevention and response plan requirements of sections
18.3manner if:
18.4(1) land, water, or air of the state is polluted or threatened; or
18.5(2) human life, safety, health, natural resources, or property is damaged or threatened.
18.6 Subd. 3. Financial assurance for response.
18.7
18.8
18.9
18.10
18.11
18.12
18.13
18.14circumstances exist which indicate adequate response will not continue. When ordered by
18.15the
18.16discharge of a hazardous substance or oil shall provide financial assurance acceptable to
18.17the
18.18cover the reasonable response costs, as determined within one year after discharge by the
18.19
18.20necessary under applicable laws and regulations.
18.21
18.22under this subdivision for a single incident involving the discharge of hazardous
18.23substances or oil.
18.24
18.25
18.26
18.27completion of a response in accordance with applicable laws and regulations.
18.28 Subd. 4. Other enforcement powers. For the purposes of enforcing this chapter,
18.29the commissioner
18.30enforcement powers in chapters 115 and 116
18.31
18.32
18.33 Sec. 27. Minnesota Statutes 2010, section 115E.08, subdivision 2, is amended to read:
18.34 Subd. 2. Duties. The commissioner of public safety shall at least annually assess
18.35the preparedness of each state agency for carrying out its responsibilities
19.1
19.2of representatives of each agency to prepare for coordinated response. The commissioner
19.3of public safety shall develop an incident command system for use by state agency
19.4responders in consultation with the affected state agencies. Following each major incident,
19.5the commissioner of public safety shall review the performance of each responding agency
19.6and the adequacy of the overall response and shall report to the agencies involved and
19.7the governor.
19.8
19.9
19.10 Sec. 28. Minnesota Statutes 2010, section 115E.08, subdivision 4, is amended to read:
19.11 Subd. 4. Annual report. The commissioner of public safety shall annually report
19.12to the appropriate committees of the legislature on the readiness of state government to
19.13respond appropriately to discharges of oil or hazardous substances.
19.14 Sec. 29. Minnesota Statutes 2010, section 116.073, subdivision 1, is amended to read:
19.15 Subdivision 1. Authority to issue. (a) Pollution Control Agency staff designated
19.16by the commissioner and Department of Natural Resources conservation officers may
19.17issue citations to a person who:
19.18(1) disposes of solid waste as defined in section
19.19not authorized by law for the disposal of solid waste without permission of the owner
19.20of the property;
19.21(2) fails to report or recover discharges as required under section
19.22(3) fails to take discharge preventive or preparedness measures required under
19.23chapter 115E; or
19.24(4) fails to install or use vapor recovery equipment during the transfer of gasoline
19.25from a transport delivery vehicle to an underground storage tank as required in section
19.27(b) In addition, Pollution Control Agency staff designated by the commissioner may
19.28issue citations to owners and operators of facilities who violate sections
19.29and Minnesota Rules, chapters 7150 and 7151 and parts 7001.4200 to 7001.4300. A
19.30citation issued under this subdivision must include a requirement that the person cited
19.31remove and properly dispose of or otherwise manage the waste or discharged oil or
19.32hazardous substance, reimburse any government agency that has disposed of the waste or
19.33discharged oil or hazardous substance and contaminated debris for the reasonable costs of
19.34disposal, or correct any storage tank violations.
20.1(c) Citations for violations of sections
20.2Rules, chapters 7150 and 7151, may be issued only after the owners and operators have
20.3had a 60-day period to correct violations stated in writing by Pollution Control Agency
20.4staff, unless there is a discharge associated with the violation or the violation is a repeat
20.5violation from a previous inspection.
20.6 Sec. 30. REVISOR'S INSTRUCTION.
20.7In Minnesota Statutes, section 115C.13, the revisor of statutes shall delete the
20.8reference to section 115C.065.
20.9 Sec. 31. REPEALER.
20.10Minnesota Statutes 2010, sections 115C.065; 115E.01, subdivisions 7, 11a, and 13;
20.11115E.04, subdivisions 1, 2, and 3; 115E.045; and 115E.08, subdivision 3, are repealed.
