§ 103G.2991 — PENALTIES; ENFORCEMENT

Minnesota § 103G.2991

• Jurisdiction: Minnesota
• Part: WATER
• Ch. 103G: WATERS OF THE STATE

Text

Subdivision 1.Civil penalties.
(a) The commissioner, according to section103G.134, may issue a notice to a person who violates:
(1) this chapter;
(2) a permit issued under this chapter or a term or condition of a permit issued under this chapter;
(3) a duty under this chapter to permit an inspection, entry, or monitoring activity or a duty under this chapter to carry out an inspection or monitoring activity;
(4) a rule adopted under this chapter;
(5) a stipulation agreement, variance, or schedule of compliance entered into under this chapter; or
(6) an order issued by the commissioner under this chapter.
(b) A person issued a notice forfeits and must pay to the state a penalty, in an amount to be determined by the district court, of not more than $10,000 per day of violation.
(c) In the discretion of the district court, a defendant under this section may be required to:
(1) forfeit and pay to the state a sum that adequately compensates the state for the reasonable value of restoration, monitoring, and other expenses directly resulting from the unauthorized use of or damage to natural resources of the state; and
(2) forfeit and pay to the state an additional sum to constitute just compensation for any damage, loss, or destruction of the state's natural resources and for other actual damages to the state caused by an unauthorized use of natural resources of the state.
(d) As a defense to damages assessed under paragraph (c), a defendant may prove that the violation was caused solely by:
(1) an act of God;
(2) an act of war;
(3) negligence on the part of the state;
(4) an act or failure to act that constitutes sabotage or vandalism; or
(5) any combination of clauses (1) to (4).
(e) The civil penalties and damages provided for in this subdivision may be recovered by a civil action brought by the attorney general in the name of the state in Ramsey County District Court. Civil penalties and damages provided for in this subdivision may be resolved by the commissioner through a negotiated stipulation agreement according to the authority granted to the commissioner in section103G.134.

Subd. 2.Enforcement.
This chapter and rules, standards, orders, stipulation agreements, schedules of compliance, and permits adopted or issued by the commissioner under this chapter or any other law for preventing, controlling, or abating damage to natural resources may be enforced by one or more of the following:
(1) criminal prosecution;
(2) action to recover civil penalties;
(3) injunction;
(4) action to compel performance; or
(5) other appropriate action according to this chapter.

Subd. 3.Injunctions.
A violation of this chapter or rules, standards, orders, stipulation agreements, variances, schedules of compliance, and permits adopted or issued under this chapter constitutes a public nuisance and may be enjoined as provided by law in an action, in the name of the state, brought by the attorney general.

Subd. 4.Actions to compel performance.
(a) In an action to compel performance of an order issued by the commissioner for any purpose related to preventing, controlling, or abating damage to natural resources under this chapter, the court may require a defendant adjudged responsible to do and perform any and all acts set forth in the commissioner's order and all things within the defendant's power that are reasonably necessary to accomplish the purposes of the order.
(b) If a municipality or its governing or managing body or any of its officers is a defendant, the court may require the municipality to exercise its powers, without regard to any limitation of a requirement for an election or referendum imposed thereon by law and without restricting the powers of the commissioner, to do any or all of the following, without limiting the generality hereof:
(1) levy taxes or special assessments;
(2) prescribe service or use charges;
(3) borrow money;
(4) issue bonds;
(5) employ assistance;
(6) acquire real or personal property;
(7) let contracts;
(8) otherwise provide for doing work or constructing, installing, maintaining, or operating facilities; and
(9) do all acts and things reasonably necessary to accomplish the purposes of the commissioner's order.
(c) The court must grant a municipality under paragraph (b) the opportunity to determine the appropriate financial alternatives to be used to comply with the court-imposed requirements.
(d) An action brought under this subdivision must be venued in Ramsey County District Court.

Legislative History

2023 c 60 art 4 s 91