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609.671.10(f)

Statute ID: 14920

Statute Function ID: 32309

Fail to Report Release Hazardous Subs - Penalty exception for employee acting in scope of duty

In Effect

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Statute Number:

609.671.10(f)

Enactment Date:

May 24, 2013

Effective Date:

Jan 1, 2014

Expiration Date:

Repealed?:

Summary Text:

Fail to Report Release Hazardous Subs - Penalty exception for employee acting in scope of duty

Statute ID:

14920

Created:

Dec 19, 2013 by mnjis.legal.analyst@state.mn.us

Updated:

Dec 19, 2013 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

2013 c 92 s 1; New; effective 01/01/2014

Summary Text:

Fail to Report Release Hazardous Subs - Penalty exception for employee acting in scope of duty

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/609/671.html

Legislative Session:

2013 - Regular

Session Law Text?:

Statute text last updated on:

Dec 19, 2013

(a) A person is, upon conviction, subject to a fine of up to $25,000 or imprisonment for up to two years, or both, who:

(1) is required to report the release of a hazardous substance under United States Code, title 42, section 9603, or the release of an extremely hazardous substance under United States Code, title 42, section 11004;

(2) knows that a hazardous substance or an extremely hazardous substance has been released; and

(3) fails to provide immediate notification of the release of a reportable quantity of a hazardous substance or an extremely hazardous substance to the state emergency response center and, if directed by the center, to notify a local 911 emergency dispatch center.

For purposes of clause (3), the state emergency response center shall direct a caller to notify a local 911 emergency dispatch center if the situation requires an immediate response or the area is unknown to the center. In all other cases, the state emergency response center must notify a local firefighting or law enforcement organization of the situation within 24 hours of receiving the notification.

(b) For a second or subsequent conviction under this subdivision, the violator is subject to a fine of up to $50,000 or imprisonment for not more than five years, or both.

(c) For purposes of this subdivision, a "hazardous substance" means a substance on the list established under United States Code, title 42, section 9602.

(d) For purposes of this subdivision, an "extremely hazardous substance" means a substance on the list established under United States Code, title 42, section 11002.

(e) For purposes of this subdivision, a "reportable quantity" means a quantity that must be reported under United States Code, title 42, section 9602 or 11002.

(f) The penalties in paragraphs (a) and (b) do not apply to an employee of a state emergency response center to the extent that the employee is acting in the scope of that employee's official duties.