Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Amount of reduction.
Pursuant to Minnesota Statutes, section
115C.09,
subdivision 3, paragraph (i), the board must reduce the amount of reimbursement
to be made to an applicant as follows:
A. The board must reduce the amount of
reimbursement for failure to comply with state and federal rules and
regulations applicable to the tank as follows:
(1) by 15 percent for failure to provide
corrosion protection;
(2) by 15
percent for failure to provide leak detection;
(3) by 15 percent for failure to provide
spill and overfill protection;
(4)
by 15 percent for failure to provide secondary containment; and
(5) by up to 50 percent for failure to comply
with a state or federal rule or regulation applicable to the tank not
specifically cited in this subpart.
B. For failure to give the agency notice of
the release as required by Minnesota Statutes, section
115.061,
the board must consider the timeliness of the release reporting in determining
the amount of the reduction. The board must reduce the amount of reimbursement
by a minimum of $1,000. The minimum amount of the reduction must be $200,
rather than $1,000, for a limited use applicant unaware of the reporting
requirement.
C. For failure to
cooperate fully with the agency in responding to the release, the board must
reduce the amount of reimbursement by up to 50 percent.
Subp. 2. [Repealed, 18 SR 1471]
Subp. 2a.
Calculations of
reductions.
Percentage or dollar reductions must be applied as specified in
this subpart. If the board imposes more than one dollar reduction on an
application, the dollar amounts must be added together and the total dollar
amount of reduction must be applied to the application. If the board imposes
more than one percentage reduction on an application, the percentage amounts
must be added together and then applied to the reimbursement request to
determine a dollar amount of the reduction. If the board imposes both
percentage and dollar amount reductions on an application, the dollar amount
reductions must be applied after the percentage reductions.
Subp. 3.
Deviations.
The board may increase or decrease the amount of reduction by
up to 100 percent of the original amount of reimbursement, or use either dollar
amounts or percentages for a reduction, based on the following factors:
A. the reasonable determination by the agency
that the noncompliance poses a threat to the environment;
B. whether the noncompliance was negligent,
knowing, or willful;
C. the
deterrent effect of the award reduction on other tank owners and
operators;
D. the amount of
reimbursement reduction recommended by the commissioner; and
E. the documentation of noncompliance
provided by the commissioner.
Subp.
4.
Supplemental applications.
A. When the board imposes a reduction in the
form of a percentage, the percentage for that reduction must continue to be
imposed on supplemental applications for the same release.
B. When the board imposes a reduction in the
form of a dollar amount, the amount of the reduction must be a onetime penalty.
That dollar amount reduction must not continue to be imposed on supplemental
applications unless necessary to fully impose the reduction.
Statutory Authority: MS s
115C.07
