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S.F. No. 2016 - Groundwater Sustainability (First Engrossment)
 
Author: Senator Charles W. Wiger
 
Prepared By:
 
Date: March 20, 2014



 

Senate File No. 2016 is based on the report from the Department of Natural Resources, titled: “Additional Tools to Implement Groundwater Sustainability Requirements” (January 15, 2014).

Section 1 [Water investigations] expands current water investigation authority of the Department of Natural Resources (DNR) to include investigation of activities conducted with a permit.

Section 2 [Once-through water use permits] extends the current prohibition on water use permits for once-through heating and cooling systems to include systems that use less than five million gallons per year.

Section 3 [Water use permit processing fee] provides for a minimum fee of $150 for failure to pay the water use processing fee and allows the DNR to waive the water use permit fee for installations that use storm water runoff from impervious sources.

Section 4 [Measuring and records required; water use permits] provides that water use records must be preserved and available for seven years.

Section 5 [Penalties for noncompliant reporting; water use permits] Allows the DNR to assess a penalty of the greater of $300 or two percent of the water use processing fee for noncompliant reporting incidents. For entities, other than a municipal water supplier, with three or more noncompliant reporting incidents in a five-year period, the DNR shall terminate the applicable permit.

Section 6 [Administrative penalties]

            Subd. 1 [Authority to issue penalty orders] authorizes the DNR to issue administrative penalty orders for  violations of water use permit and public waters work permit statutes and rules.

            Subd. 2 [Amount of penalty; considerations] provides for an administrative penalty amount based on the level of harm and deviation from compliance of the violation. The levels and maximum amounts are:

  1. Minor potential for harm and deviation, up to $1,000;
  2. Moderate potential for harm and deviation, up to $10,000; and
  3. Severe potential for harm and deviation, up to $20,000.

In determining the amount of the penalty, the DNR must consider the gravity of the violation; the history of violations; the number of violations; the economic benefit gained by the person; and other factors as justice may require. For second and subsequent violations, the DNR must also consider the similarity with past violations; the time elapsed since the last violation; the number of previous violations; and the response of the person to the most recent violation.

            Subd. 3 [Contents of the order] provides details on what must be included in the administrative penalty order.

            Subd. 4 [Correction order] authorizes the DNR to require corrective action as a part of the administrative penalty order.

            Subd. 5 [Penalty] provides when the penalty payment is due, unless it is appealed.

            Subd. 6 [Expedited Administrative hearing] allows a person subject to an order under this section to request an expedited hearing with an administrative law judge on the order.

            Subd. 7 [Mediation] allows the DNR to enter into mediation on an administrative penalty order.

            Subd. 8 [Penalty enforcement] allows the DNR enforce administrative penalties in any manner provided by law.

            Subd. 9 [Revocation and suspension of permit] allows the DNR to revoke a permit for failure to pay the penalty order.

            Subd. 10 [Cumulative remedy] provides that the administrative penalty order is in addition to other remedies available to the DNR, but the state may not seek civil penalties under any other provision of law for violations covered by the administrative penalty order.

            Subd. 11 [Deposit of fees] provides that all fees collected under this section are deposited in the water management account.

            Subd. 12 [Plan for use of administrative penalties] establishes a process for the DNR to prepare and adopt a plan for using the administrative penalty authority.

 Section 7 [Penalty; unauthorized appropriation of water] establishes a $300 per calendar year of violation, up to a maximum of $2,100, for an unauthorized appropriation of water.

Section 8 [EQB report] directs the Environmental Quality Board (EQB) to report on water reuse. The report is due by January 15, 2016.

GK:dv

 

 
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