Chapter 116 — Pollution Control Agency

116.01 Policy Sets the state policy to create a Pollution Control Agency to protect Minnesota's water, air, and land from pollution. 116.011 Section renumbered or repealed. See current statutes for updated provisions. 116.02 Pollution Control Agency; Creation and Powers Creates the Minnesota Pollution Control Agency (MPCA) and makes it the successor to the old Water Pollution Control … 116.03 Commissioner Creates the office of MPCA Commissioner, who is appointed by the governor and runs the agency. 116.035 Environmental Review and Permitting; Coordinated Project Plans Requires coordinated project plans for environmental review and permitting of large projects needing multiple permits. 116.037 Coordination With Minnesota Business First Stop Requires data center permit inquiries to be referred to the Minnesota Business First Stop Program. 116.04 Executive Secretary Names the MPCA Commissioner as the executive secretary and chief officer of the agency. 116.05 Cooperation Requires all state agencies to cooperate with the MPCA and help it do its job. 116.06 Definitions Defines key terms used throughout the pollution control laws, including air contaminant, emission, disposal facility, … 116.061 Air Pollution; Emissions and Abatement Requires sources of air pollution to report abnormal or excessive unpermitted emissions to the MPCA right away. 116.062 Air Toxics Emissions Reporting Requires facilities in the Twin Cities metro area to report their toxic air emissions to the MPCA. 116.064 Odor Management Gives the MPCA authority to manage odor complaints from facilities through odor management plans. 116.065 Cumulative Impacts Analysis; Permit Decisions in Environmental Justice Areas Requires the MPCA to analyze cumulative pollution impacts when making permit decisions in environmental justice areas. 116.07 Powers and Duties Lists the MPCA's main powers and duties, including setting air and water quality standards and issuing pollution … 116.071 Cause of Action for Abandoning Hazardous Waste on Property of Another Gives property owners the right to sue someone who abandons hazardous waste on their land to recover cleanup costs. 116.0711 Feedlot Permits; Conditions; County Grants Sets conditions for feedlot permits, including record-keeping rules and county grants for feedlot programs. 116.0712 Modified Level One Feedlot Inventory Allows counties with a modified level 1 feedlot inventory to skip the full inventory requirement. 116.0713 Livestock Odor Requires the MPCA to address livestock odor issues through research, standards, and technical help. 116.0714 Section renumbered or repealed. See current statutes for updated provisions. 116.0715 Limit on Basis for Action Bars the MPCA from denying a permit based only on computer models predicting particulate matter violations. 116.0716 Rule Variance Lets the MPCA grant variances from particulate matter standards for certain mining and industrial permits. 116.0717 Minerals Deposition Allows the MPCA to permit deposition of fine mine tailings into certain areas despite groundwater rules. 116.072 Administrative Penalties Gives the MPCA commissioner power to issue administrative penalty orders for pollution violations. 116.073 Field Citations Allows MPCA staff and DNR officers to issue field citations for minor environmental violations. 116.074 Notice of Permit Conditions to Local Governments Requires the MPCA to notify local governments before granting or changing permits for solid waste facilities. 116.075 Hearings and Records Public Makes all MPCA hearings on pollution matters open to the public with public records. 116.08 Section repealed. See current statutes for updated provisions. 116.081 Prohibitions; Air Contaminant and Waste Facilities and Systems Makes it illegal to build or operate a pollution facility or system without getting the required MPCA permit first. 116.082 Burning Leaves; Local Ordinances Allows towns and cities to pass local rules about burning leaves, within state fire safety limits. 116.09 Section repealed. See current statutes for updated provisions. 116.091 Systems and Facilities Requires operators of emission facilities to give the MPCA access for testing and information when requested. 116.10 Policy; Long-range Plan; Purpose Directs the MPCA to create a long-range plan for reducing pollution of state waters. 116.101 Hazardous Waste; Control and Spill Contingency Plan Requires the MPCA to study hazardous waste problems and create a statewide hazardous waste spill response plan. 116.11 Emergency Powers Gives the MPCA commissioner emergency powers to act quickly when pollution creates an immediate danger to public health. 116.12 Hazardous Waste Administration Fees Requires the MPCA to set fees for hazardous waste permits, monitoring, and inspections. 116.125 Notification of Fee Increases Requires the MPCA to notify legislative committees before raising fees to cover a revenue shortfall. 116.14 Hazardous Waste Facilities; Liability of Guarantor Makes financial guarantors liable for hazardous waste cleanup if the facility owner goes bankrupt. 116.15 Section repealed. See current statutes for updated provisions. 116.155 Remediation Fund Creates the remediation fund to pay for cleaning up hazardous substance releases in Minnesota. 116.156 Section repealed. See current statutes for updated provisions. 116.16 Minnesota State Water Pollution Control Program Creates the Minnesota State Water Pollution Control Program to fund wastewater treatment projects for local governments. 116.162 Section repealed. See current statutes for updated provisions. 116.163 Agency Review; Financial Assistance and Bids Requires the MPCA to approve or deny wastewater facility grant or loan applications within 90 days. 116.165 Inspection Responsibility Requires wastewater plant owners to conduct their own inspections when federal inspections are also happening. 116.167 Section repealed. See current statutes for updated provisions. 116.17 Minnesota State Water Pollution Control Bonds Authorizes the state to issue bonds to fund the water pollution control program for municipal wastewater projects. 116.18 Water Pollution Control Funds; Appropriations and Bonds Appropriates up to $167 million from bond proceeds for the MPCA to fund water pollution control projects. 116.181 Section repealed. See current statutes for updated provisions. 116.182 Financial Assistance Program Creates a financial assistance program with grants and loans for wastewater and stormwater projects. 116.19 Section repealed. See current statutes for updated provisions. 116.195 Beneficial Use of Wastewater and Stormwater; Capital Grants for Demonstration Projects Provides capital grants for projects that demonstrate beneficial reuse of wastewater and stormwater. 116.201 Section repealed. See current statutes for updated provisions. 116.202 Coal Tar Sealant; Use and Sale Prohibited Bans the use and sale of coal tar sealant products in Minnesota to protect water quality. 116.2021 State Salt Purchase Report and Reduction Goal Requires state agencies to report on deicing salt purchases and work toward reducing salt use by 25 percent. 116.2022 State Nitrogen Fertilizer Purchase Report and Reduction Goal Requires state agencies to report on nitrogen fertilizer purchases and work toward reducing fertilizer use. 116.21 Nutrients in Cleaning Agents and Water Conditioners; Control; Statement of Policy Declares the state policy to control nutrients like phosphorus in cleaning agents and water conditioners to protect … 116.22 Definitions Defines terms used in the cleaning agent nutrient control laws, including cleaning agent and chemical water conditioner. 116.23 Prohibition and Restrictions Bans making or importing cleaning products or water conditioners that contain too much of a restricted nutrient. 116.24 Rules Gives the MPCA authority to make rules about nutrient limits in cleaning agents and water conditioners. 116.25 Seizure Lets the MPCA seize cleaning products that violate nutrient content rules. 116.26 Restoring Seized Items Allows owners to get back seized cleaning products by proving they comply with nutrient limits. 116.27 Additional Prohibition Bans the sale of household laundry and dishwashing compounds that do not meet state nutrient standards. 116.28 Lists Required Requires stores to display a list of approved cleaning products near where they are sold. 116.29 Forfeiture Allows the court to order forfeiture of cleaning products when someone is convicted of violating nutrient rules. 116.30 Section repealed. See current statutes for updated provisions. 116.31 Section repealed. See current statutes for updated provisions. 116.32 Order to Refrain Lets the court order a convicted person to stop violating cleaning agent nutrient rules. 116.33 Proof of Offense Explains what proof is needed to prosecute violations of cleaning agent nutrient rules. 116.34 Time Limited for Proceedings Sets a two-year deadline for starting legal proceedings for cleaning agent nutrient violations. 116.35 Trial of Offenses Allows cleaning agent nutrient violation cases to be tried where the offense occurred or where the products were found. 116.36 Definitions Defines terms used in the PCB (polychlorinated biphenyl) regulations. 116.37 Pcb; Prohibited Use Bans the use, sale, purchase, and manufacture of PCBs and PCB-containing products in Minnesota. 116.38 Pcb Burning Requires health risk evaluation before any facility can burn PCBs, with public notice and comment. 116.385 Trichloroethylene; Ban Bans the use and sale of trichloroethylene (TCE) in Minnesota with limited exceptions. 116.39 Ozone Layer; Preservation Bans the sale of aerosol products using ozone-destroying CFC propellants, with limited exceptions. 116.391 Resilient Community Assistance Program Creates the Resilient Community Assistance Program to help communities prepare for climate change impacts. 116.41 Waste and Waste Facilities Training and Certification Requires the MPCA to set training and certification standards for people who operate waste disposal facilities. 116.42 Acid Deposition; Legislative Intent Declares that acid rain from industrial pollution is a serious danger to Minnesota's natural resources. 116.43 Acid Deposition Defined Defines acid deposition (acid rain) as wet or dry chemical deposits from the atmosphere, mainly sulfur and nitrogen … 116.44 Sensitive Areas; Standards Requires the MPCA to identify areas sensitive to acid rain and set standards to protect them. 116.45 Section repealed. See current statutes for updated provisions. 116.454 Monitoring Program Requires the MPCA to run a statewide air toxics monitoring program and track sources of toxic air releases. 116.46 Definitions Defines terms used in the underground storage tank regulations, including owner, operator, and tank. 116.47 Exemptions Lists the types of tanks and situations exempt from underground storage tank rules. 116.48 Notification Requirements Requires underground storage tank owners to register their tanks with the MPCA and report any changes. 116.481 Monitoring Requires aboveground petroleum tanks of 2,000+ gallons to have leak monitoring and secondary containment by set … 116.482 Petroleum Release; Notification Requires petroleum tank owners to notify nearby property owners and the public about tank release contamination. 116.49 Environmental Protection Requirements Requires the MPCA to adopt rules protecting health and the environment from underground storage tank risks. 116.491 Tank Installers; Training and Certification Requires people who install, repair, or remove storage tanks to be trained and certified. 116.492 Basement Storage Tanks; Removal Requires that when a basement heating oil tank is removed, the fill and vent pipes must also be removed or sealed. 116.50 Preemption Makes state underground storage tank rules override any conflicting local rules. 116.51 Section repealed. See current statutes for updated provisions. 116.52 Section repealed. See current statutes for updated provisions. 116.53 Section with minimal content. May have been partially repealed or renumbered. 116.54 Section repealed. See current statutes for updated provisions. 116.55 Section repealed. See current statutes for updated provisions. 116.60 Section repealed. See current statutes for updated provisions. 116.61 Section repealed. See current statutes for updated provisions. 116.62 Section repealed. See current statutes for updated provisions. 116.63 Section repealed. See current statutes for updated provisions. 116.64 Section repealed. See current statutes for updated provisions. 116.65 Section repealed. See current statutes for updated provisions. 116.66 Section repealed. See current statutes for updated provisions. 116.67 Section repealed. See current statutes for updated provisions. 116.70 Definitions Defines terms used in the CFC (chlorofluorocarbon) recycling laws. 116.71 Section repealed. See current statutes for updated provisions. 116.72 Section repealed. See current statutes for updated provisions. 116.73 Section repealed. See current statutes for updated provisions. 116.731 Requirements to Recycle Cfc's Requires auto salvage operators to remove and recycle CFCs from vehicles before disposal or sale. 116.732 Requirement to Recycle Fire Extinguisher Halons Requires fire extinguisher service companies to recapture and recycle halons from fire extinguishers. 116.733 Medical Device Exemption Exempts certain medical devices from CFC recycling and ozone protection requirements. 116.734 Uniform Cfc Regulation Makes CFC regulation a state-only matter, barring cities and counties from passing their own CFC rules. 116.735 Training and Certification Requires the MPCA to set training standards for people who work with CFC-containing products. 116.74 Section repealed. See current statutes for updated provisions. 116.75 Citation Names the Infectious Waste Control Act, which covers sections 116.76 through 116.82. 116.76 Definitions Defines terms used in the Infectious Waste Control Act, including infectious waste and pathological waste. 116.77 Coverage Says who must follow the infectious waste rules, including hospitals, clinics, vets, and funeral homes. 116.78 Waste Management Requires infectious waste to be separated from other trash at its source and kept in special containers. 116.79 Management Plans Requires facilities that handle infectious waste to prepare a written waste management plan. 116.80 Transporting Infectious Waste Sets rules for transporting infectious waste, requiring transporters to register with the MPCA. 116.801 Incinerating Infectious Waste; Permit Required Requires a permit to build or expand an infectious waste incinerator, with public notice requirements. 116.802 Incinerating Infectious Waste; Environmental Impact Requires environmental impact review for new or expanded infectious waste incinerators. 116.81 Rules Gives the MPCA authority to adopt rules for implementing the infectious waste laws. 116.82 Authority of Local Government Bars local governments from defining infectious waste differently than state law. 116.83 Enforcement Gives the MPCA authority to enforce the infectious waste control laws. 116.835 Safe Sharps Management Requires manufacturers of needles and injectable medications to provide safe disposal options for home users. 116.84 Monitors Required for Pcb Incinerators Requires continuous emission monitors on incinerators permitted to burn PCBs. 116.85 Monitors Required for Other Incinerators Requires continuous emission monitors on incinerators with limits for dioxin or toxic metals. 116.86 Section repealed. See current statutes for updated provisions. 116.87 Definitions Defines residential lead paint waste as waste from removing lead paint from homes. 116.875 Authorized Management Methods Lists the approved methods for disposing of residential lead paint waste in Minnesota. 116.88 Prohibited Methods of Management Bans disposal of residential lead paint waste at unlined landfills. 116.885 Recycling and Treatment Encourages recycling and treatment of lead paint waste and allows the MPCA to develop alternative disposal methods. 116.89 Enforcement Gives the MPCA authority to adopt rules for enforcing the lead paint waste disposal laws. 116.90 Section repealed. See current statutes for updated provisions. 116.91 Citizen Reports of Environmental Violations Requires the MPCA to maintain a toll-free hotline for citizens to report environmental violations. 116.915 Mercury Reduction Sets a state goal to reduce mercury releases into air and water by 70% from 1990 levels by 2025. 116.92 Mercury Emissions; Reduction Requires sellers of mercury to provide safety data sheets and bars improper disposal of mercury products. 116.921 Multistate Clearinghouse Authorizes the MPCA to join the Interstate Mercury Education and Reduction Clearinghouse (IMERC). 116.925 Electric Energy; Mercury Emissions Report Requires electric utilities to report their mercury emissions to the MPCA. 116.93 Lamp Recycling Facilities Sets rules for facilities that recycle mercury from fluorescent lamps and light bulbs. 116.931 Wheel Weights and Balancing Products; Lead and Mercury Prohibition Bans the sale and use of wheel weights and tire balancing products that contain lead or mercury. 116.94 Section repealed. See current statutes for updated provisions. 116.9401 Definitions Defines terms for the Toxic Free Kids Act, which tracks harmful chemicals in children's products. 116.9402 Identifying Chemicals of High Concern Requires the state to create a list of chemicals of high concern found in children's products. 116.9403 Identifying Priority Chemicals Lets the state designate certain high-concern chemicals as priority chemicals requiring manufacturer action. 116.9405 Applicability Lists what products and situations are exempt from the Toxic Free Kids Act requirements. 116.9406 Donations to the State Allows the MPCA commissioner to accept donations and grants to fund the Toxic Free Kids Act program. 116.9407 Participating in Interstate Chemicals Clearinghouse Authorizes Minnesota to join with other states in an interstate chemicals clearinghouse for product safety. 116.943 Products Containing Pfas Restricts products containing PFAS (forever chemicals) and requires disclosure and phase-out of their use. 116.95 Citation Names the Small Business Air-Quality Compliance Assistance Act, covering sections 116.96 through 116.99. 116.96 Definitions Defines terms used in the small business air-quality compliance assistance program. 116.97 Small Business Air-quality Compliance Assistance Program Requires the MPCA to run a program helping small businesses understand and meet air quality rules. 116.98 Ombudsman for Small Business Air-quality Compliance Assistance Program Creates an ombudsman position at the MPCA to help small businesses with air quality compliance. 116.99 Small Business Air-quality Compliance Advisory Council Creates an advisory council to guide the small business air-quality compliance assistance program. 116.991 Section repealed. See current statutes for updated provisions. 116.992 Section repealed. See current statutes for updated provisions. 116.993 Small Business Environmental-improvement Loan Program Creates a revolving loan program to help small businesses buy equipment that reduces pollution. 116.994 Small Business Environmental-improvement Loan Accounting Requires loan repayments from the small business environmental loan program to go back into the fund.