Title Minnesota Statutes, Minnesota Statutes

116.33 PROOF OF OFFENSE. In a prosecution for an offense under sections 116.21 to 116.35, it is sufficient proof of the offense to establish that it was committed by an employee or agent of the accused whether or not the employee agent is identified or has been prosecuted for the…

116.34 TIME LIMITED FOR PROCEEDINGS. Proceedings in respect of an offense under sections 116.21 to 116.35, may be instituted at any time within two years after the time when the subject matter of the proceedings arose. History: 1971 c 896 s 14

116.35 TRIAL OF OFFENSES. Any complaint or information in respect of an offense under sections 116.21 to 116.35, may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter o…

116.36 DEFINITIONS. § Subdivision 1.Applicability. For the purposes of sections 116.36 to 116.38, the following terms have the meanings given. § Subd. 2.Agency. "Agency" means the Minnesota Pollution Control Agency. § Subd. 3.Commissioner. "Commissioner" means the commissioner of…

116.37 PCB; PROHIBITED USE. § Subdivision 1.Certificate of exemption. Beginning January 1, 1978, no person shall use, possess, sell, purchase or manufacture PCB or any product containing PCB unless the use, possession, sale, purchase or manufacture of PCB or products containing P…

116.38 PCB BURNING. § Subdivision 1.State policy. The legislature finds that risks to human health must be adequately evaluated before a facility may burn PCBs. The legislature also finds that if there is a risk to human health, all human health must be treated with equal concern…

116.385 TRICHLOROETHYLENE; BAN. § Subdivision 1.Definitions. (a) For the purposes of this section, the following terms have the meanings given. (b) "Small business" means a business that has less than 500 full-time equivalent employees. (c) "Trichloroethylene" means a chemical wi…

116.39 OZONE LAYER; PRESERVATION. § Subdivision 1.Sale prohibited. Except as provided by subdivision 3, after July 1, 1979, no person shall sell or offer for sale in this state any pressurized container which contains as a propellant trichloromonofluoromethane, difluorodichlorome…

116.391 RESILIENT COMMUNITY ASSISTANCE PROGRAM. § Subdivision 1.Citation. This section may be cited as the "Minnesota Resilient Community Act." § Subd. 2.Definitions. (a) For purposes of this section, the terms defined in this subdivision have the meanings given. (b) "Commissione…

116.41 WASTE AND WASTE FACILITIES TRAINING AND CERTIFICATION. § Subdivision 1. [Repealed, 1983 c 373 s 72] § Subd. 1a. [Repealed, 1983 c 373 s 72] § Subd. 2.Training and certification programs. (a) The agency shall develop standards of competence for persons operating and inspect…

116.42 ACID DEPOSITION; LEGISLATIVE INTENT. The legislature recognizes that acid deposition substantially resulting from the conduct of commercial and industrial operations, both within and without the state, poses a present and severe danger to the delicate balance of ecological…

116.43 ACID DEPOSITION DEFINED. As used in sections 116.42 to 116.44, "acid deposition" means the wet or dry deposition from the atmosphere of chemical compounds, usually in the form of rain or snow, having the potential to form an aqueous compound with a pH level lower than the …

116.44 SENSITIVE AREAS; STANDARDS. § Subdivision 1.List of areas. By January 1, 1983, the Pollution Control Agency shall publish a preliminary list of counties determined to contain natural resources sensitive to the impacts of acid deposition. Sensitive areas shall be designated…

116.45 [Obsolete, 1Sp2005 c 1 art 2 s 161]

116.454 MONITORING PROGRAM. By July 1, 1993, the agency shall establish a statewide monitoring program for, and inventory of probable sources of, releases into the air, ambient concentrations in the air, and deposition from the air of toxic substances. History: 1992 c 546 s 3

116.46 DEFINITIONS. § Subdivision 1.Scope. As used in sections 116.47 to 116.50, the terms defined in this section have the meanings given them. § Subd. 1a.Aboveground storage tank. "Aboveground storage tank" means any one or a combination of containers, vessels, and enclosures, …

116.47 EXEMPTIONS. Sections 116.48, 116.49, and 116.491 do not apply to: (1) farm or residential tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes; (2) tanks of 1,100 gallons or less capacity used for storing heating oil for consumptiv…

116.48 NOTIFICATION REQUIREMENTS. § Subdivision 1.Tank status. (a) An owner of an underground storage tank must notify the agency by June 1, 1986, or within 30 days after installation, whichever is later, of the tank's existence and specify the age, size, type, location, uses, an…

116.481 MONITORING. § Subdivision 1.Measuring tank capacity. (a) By September 1, 1996, all aboveground tanks of 2,000 gallons or more used for storage and subsequent resale of petroleum products must be equipped with: (1) a gauge in working order that shows the current level of p…

116.482 PETROLEUM RELEASE; NOTIFICATION. (a) When a potential receptor survey is conducted for a petroleum tank release as provided in agency guidance documents, the tank owner must provide information on the results of the survey, reports of all releases, and any corrective acti…

116.49 ENVIRONMENTAL PROTECTION REQUIREMENTS. § Subdivision 1.Rules. The agency must adopt rules applicable to all owners and operators of underground storage tanks. The rules must establish the safeguards necessary to protect human health and the environment. The agency may dela…

116.491 TANK INSTALLERS; TRAINING AND CERTIFICATION. § Subdivision 1.Requirement. (a) After the effective date of rules adopted under subdivision 3, a person may not install, repair, or take an aboveground or underground tank permanently out of service without first obtaining a c…

116.492 BASEMENT STORAGE TANKS; REMOVAL. A person who removes a basement heating oil storage tank shall ensure that fill and vent pipes through the basement wall to the outside are also removed or permanently sealed. History: 1992 c 597 s 3

116.50 PREEMPTION. Sections 116.46 to 116.49 preempt conflicting local and municipal rules or ordinances requiring notification or establishing environmental protection requirements for underground storage tanks. A state agency or local unit of government may not adopt rules or o…

116.70 DEFINITIONS. § Subdivision 1.Applicability. The definitions in this section apply to sections 116.731 to 116.734. § Subd. 2. [Repealed, 1Sp2001 c 2 s 162] § Subd. 3.Chlorofluorocarbons or CFCs. "Chlorofluorocarbons" or "CFCs" means the substances identified as class I or c…

116.731 REQUIREMENTS TO RECYCLE CFC'S. § Subdivision 1.Salvage automobiles. A person who processes automobiles for salvage must remove CFCs for recycling prior to disposal or sale of the materials containing CFCs. This subdivision does not apply to crushed automobiles or automobi…

116.732 REQUIREMENT TO RECYCLE FIRE EXTINGUISHER HALONS. A person who recharges, services, or retires fire extinguishers must recapture and recycle halons. History: 1990 c 560 art 2 s 5

116.733 MEDICAL DEVICE EXEMPTION. Laws 1990, chapter 560, article 2, sections 1 and 2, and sections 116.70, 116.731, and 116.732, do not apply to processes using CFCs or halons on medical devices, in sterilization processes in health care facilities, or by a person or facility in…

116.734 UNIFORM CFC REGULATION. It is the policy of this state to regulate and manage CFCs in a uniform manner throughout the state. Political subdivisions may not adopt, and are preempted from adopting or enforcing, requirements relating to CFCs that are different than state law…

116.735 TRAINING AND CERTIFICATION. (a) The agency shall develop standards of competence for persons who engage in activities relating to products that may contain CFCs, as described in section 116.731, subdivisions 1 to 4, and the commissioner may conduct training programs for t…

116.75 CITATION. Sections 116.76 to 116.82 may be cited as the "Infectious Waste Control Act." History: 1989 c 337 s 1; 1993 c 206 s 2

116.76 DEFINITIONS. § Subdivision 1.Applicability. The definitions in this section apply to sections 116.76 to 116.83. § Subd. 2.Agency. "Agency" means the Pollution Control Agency. § Subd. 3.Blood. "Blood" means waste human blood and blood products in containers, or solid waste …

116.77 COVERAGE. Sections 116.75 to 116.83 and 609.671, subdivision 11, cover any person, including a veterinarian, who generates, treats, stores, transports, or disposes of infectious or pathological waste but not including infectious or pathological waste generated by household…

116.78 WASTE MANAGEMENT. § Subdivision 1.Segregation. All untreated infectious waste must be segregated from other waste material at its point of generation and maintained in separate packaging throughout collection, storage, and transport. Infectious waste must be packaged, cont…

116.79 MANAGEMENT PLANS. § Subdivision 1.Preparing management plans. (a) To the extent applicable to the facility, a person in charge of a facility that generates, stores, decontaminates, incinerates, or disposes of infectious or pathological waste must prepare a management plan …

116.80 TRANSPORTING INFECTIOUS WASTE. § Subdivision 1.Transferring infectious waste. (a) A generator may not transfer infectious waste to a commercial transporter unless the transporter is registered with the commissioner. (b) A transporter may not deliver infectious waste to a f…

116.801 INCINERATING INFECTIOUS WASTE; PERMIT REQUIRED. (a) Except as provided in paragraph (b), a person may not construct, or expand the capacity of, a facility for the incineration of infectious waste, as defined in section 116.76, without having obtained an air emission permi…

116.802 INCINERATING INFECTIOUS WASTE; ENVIRONMENTAL IMPACT. Until the Pollution Control Agency adopts revisions to its air emission rules for incinerators, a new or expanded facility for the incineration of infectious waste that is subject to the permit requirement in section 11…

116.81 RULES. § Subdivision 1.Agency rules. The agency, in consultation with the commissioner of health, may adopt rules to implement sections 116.76 to 116.82. The agency, before adopting rules affecting animals or research animal waste, must consult the commissioner of agricult…

116.82 AUTHORITY OF LOCAL GOVERNMENT. § Subdivision 1.Preemption. A county, municipality, or other political subdivision of the state may not adopt a definition of infectious or pathological waste that differs from the definitions in section 116.76, or management requirements for…

116.83 ENFORCEMENT. § Subdivision 1.Enforcement authority. The agency may enforce sections 116.76 to 116.81. § Subd. 2. [Repealed, 1Sp1993 c 1 art 9 s 75] § Subd. 3.Access to information and property. Subject to section 144.651, the commissioner of the Pollution Control Agency ma…

116.835 SAFE SHARPS MANAGEMENT. (a) A sharps manufacturer that sells or distributes sharps that are usually intended for home use and a pharmaceutical manufacturer that sells or distributes a medication in Minnesota that is usually intended to be self-injected in a home resulting…

116.84 MONITORS REQUIRED FOR PCB INCINERATORS. Notwithstanding any other law to the contrary, an incinerator permit issued to a facility that allows burning of PCBs must, as a condition of the permit, require the installation of a continuous emission monitoring system approved by…

116.85 MONITORS REQUIRED FOR OTHER INCINERATORS. § Subdivision 1.Emission monitors. Notwithstanding any other law to the contrary, an incinerator permit that contains emission limits for dioxin, cadmium, chromium, lead, or mercury must, as a condition of the permit, require the i…

116.87 DEFINITIONS. § Subdivision 1.Residential lead paint waste. "Residential lead paint waste" means waste produced by removing lead paint from the interior or exterior structure or the ground surface of a residence. Residential lead paint waste does not include: (1) lead paint…

116.875 AUTHORIZED MANAGEMENT METHODS. § Subdivision 1.Disposal. Notwithstanding any other law, a person who disposes of residential lead paint waste in the state may dispose of the waste at: (1) a land disposal facility that meets the requirements of Minnesota Rules, chapter 704…