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609.671.8(e)

Statute ID: 4580

Statute Function ID: 4340

Water Pollution Second or Subsequent Offense is a Felony

In Effect

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Penalty

Classifications

Offense Level:

Felony (F)

General Offense Code:

Other (9)

Offense Summary Code & Rank:

Crimes Against Govt (Y) (Rank 19)

Detailed Offense Code:

Environmental Regulation (911)

Offense Severity Level:

Function Text:

UCR Code

Description

Flags

Crime of Violence:

Targeted Misdemeanor:

Predatory Offender Registration Review:

Enhanceable:

Yes

Certify to DPS:

Report to DNR:

DPS Group:

Conditional Release:

Payable:

Petty Misdemeanor Only if Prosecutor Certifies:

Third Violation Indicator:

Qualified Domestic Violence Related:

Nonviolent Controlled Substance Offender Review:

Wildlife Restitution:

Statute Number:

609.671.8(e)

Enactment Date:

Jan 1, 1859

Effective Date:

Aug 1, 1987

Expiration Date:

Repealed?:

Summary Text:

Water Pollution Second or Subsequent Offense is a Felony

Statute ID:

4580

Created:

Sep 1, 2006 by mnjis.legal.analyst@state.mn.us

Updated:

Nov 20, 2023 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Corrected

Legal Analyst Comment:

2023 Subd. 1 Revisor Instruction 2023 c 52 art 6 s 16. Changed "one year" to "364 days"

Summary Text:

Water Pollution Second or Subsequent Offense is a Felony

Link to MN Statute Text:

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

Legislative Session:

0 - NA

Session Law Text?:

Statute text last updated on:

Sep 1, 2006

(a) A person is guilty of a felony who knowingly:

(1) causes the violation of an effluent standard or limitation for a toxic pollutant in a national pollutant discharge elimination system permit or state disposal system permit;

(2) introduces into a sewer system or into a publicly owned treatment works a hazardous substance that the person knew or reasonably should have known is likely to cause personal injury or property damage; or

(3) except in compliance with all applicable federal, state, and local requirements and permits, introduces into a sewer system or into a publicly owned treatment works a hazardous substance that causes the treatment works to violate an effluent limitation or condition of the treatment works' national pollutant discharge elimination system permit.

(b) For purposes of paragraph (a), "hazardous substance" means a substance on the list established under United States Code, title 33, section 1321(b).

(c) A person convicted under paragraph (a) may be sentenced to imprisonment for not more than three years, or to payment of a fine of not more than $50,000 per day of violation, or both.

(d) A person is guilty of a crime who knowingly:

(1) violates any effluent standard or limitation, or any water quality standard adopted by the agency;

(2) violates any material term or condition of a national pollutant discharge elimination system permit or state disposal system permit;

(3) fails to carry out any recording, reporting, monitoring, sampling, or information gathering requirement provided for under chapter 115 or 116; or

(4) fails to file a discharge monitoring report or other document required for compliance with a national pollutant discharge elimination system or state disposal system permit.

(e) A person convicted under paragraph (d) may be sentenced to imprisonment for not more than 364 days, or to payment of a fine of not less than $2,500 and not more than $25,000 per day of violation, or both. A person convicted for a second or subsequent offense may be sentenced to imprisonment for not more than two years, or to payment of a fine of not more than $50,000 per day of violation, or both.