114C.24 ENFORCEMENT.
    Subdivision 1. Deferred enforcement. The state must defer for at least 90 days enforcement
of an environmental requirement against the owner or operator of a facility if a report that meets
the requirements of section 114C.22, subdivision 2, has been submitted to the commissioner. If
the report includes a performance schedule, and the performance schedule is approved under
section 114C.23, the state must defer enforcement for the term of the approved performance
schedule unless the owner or operator of the facility fails to meet an interim performance date
contained in the schedule.
    Subd. 2. Penalties waived. If, within 90 days after the report required in section 114C.22,
subdivision 2 , is received by the commissioner or within the time specified in an approved
performance schedule, the owner or operator of a facility corrects the violations identified in the
audit or by the environmental management system and certifies to the commissioner that the
violations have been corrected, the state may not impose or bring an action for any administrative,
civil, or criminal penalties against the owner or operator of the facility for the reported violations.
    Subd. 3. Exceptions. Notwithstanding subdivisions 1 and 2, the state may at any time bring:
(1) a criminal enforcement action against any person who commits a violation under section
609.671;
(2) a civil or administrative enforcement action, which may include a penalty, under section
115.071 or 116.072, against the owner or operator of a facility if:
(i) the owner or operator discloses a violation in the audit report required under section
114C.22, which (A) was part of an enforcement action initiated in the previous three years
involving the imposition of a monetary penalty, or (B) occurred within one year after resolution of
an enforcement action which did not include the imposition of a monetary penalty;
(ii) the owner or operator discloses a violation in the audit report required under section
114C.22 which was also disclosed in a previous audit report submitted within the last year;
(iii) a violation caused serious harm to, or presents an imminent and substantial
endangerment to, human health or the environment;
(iv) a violation is of the specific terms of an administrative order, a judicial order or consent
decree, a stipulation agreement, or a schedule of compliance;
(v) a violation has resulted in a substantial economic benefit which gives the violator a clear
advantage over its business competitors; or
(vi) a violation is identified through a legally mandated monitoring or sampling requirement
prescribed by statute, regulation, permit, judicial or administrative order, or consent agreement; or
(3) an enforcement action against the owner or operator of a facility to enjoin an imminent
and substantial danger under section 116.11.
    Subd. 4. Good faith consideration. If the state finds that one of the conditions in subdivision
3 exists, the state must take into account the good faith efforts of the regulated entity to comply
with environmental requirements in deciding whether to pursue an enforcement action, whether
an enforcement action should be civil or criminal, and what, if any, penalty should be imposed. In
determining whether the regulated entity has acted in good faith, the state must consider whether:
(1) when noncompliance was discovered, the regulated entity took corrective action that
was timely under the circumstances;
(2) the regulated entity exercised reasonable care in attempting to prevent the violations and
ensure compliance with environmental requirements;
(3) the noncompliance resulted in significant economic benefit to the regulated entity;
(4) prior to implementing the audit program or the environmental management system, the
regulated entity had a history of good faith efforts to comply with the environmental requirements;
(5) the regulated entity demonstrated good faith efforts to achieve compliance since
implementing an environmental auditing program or the environmental management system; and
(6) the regulated entity has demonstrated efforts to implement pollution prevention
opportunities.
    Subd. 5. Violations discovered by the state. Nothing in sections 114C.20 to 114C.28
precludes the state from taking any enforcement action the state is authorized to take with respect
to violations discovered by the state prior to the time a regulated entity has submitted to the
commissioner a report that meets the requirements of section 114C.22, subdivision 2.
    Subd. 6. False statements. (a) A person may not knowingly make a false material statement
or representation in the report filed in accordance with section 114C.22, subdivision 2. As used in
this subdivision, "knowingly" has the meaning given in section 609.671, subdivision 2.
(b) A person found to have knowingly made a false material statement or representation shall
be subject to the administrative penalties and process set forth in section 116.072.
History: 1995 c 168 s 13; 1996 c 359 s 6-9; 1996 c 437 s 24; 1999 c 158 s 7-10; 2000 c
260 s 94; 2001 c 187 s 2