2005 Minnesota Statutes - 116.061 — Air pollution emissions and abatement.

     116.061 Air pollution emissions and abatement. 


    Subdivision 1.    Emission notification required.  (a) A 
 person who controls the source of an emission must notify the 
 agency immediately of excessive or abnormal unpermitted 
 emissions that:  


    (1) may cause air pollution endangering human health; 


    (2) may cause air pollution damaging property; or 


    (3) cause obnoxious odors constituting a public nuisance.  


    (b) If a person who controls the source of an emission has 
 knowledge of an event that has occurred and that will 
 subsequently cause an emission described in paragraph (a), the 
 person must notify the agency when the event occurs.  


    Subd. 2.    Abatement required.  A person who is 
 required to notify the agency under subdivision 1 must take 
 immediate and reasonable steps to minimize the emissions or 
 abate the air pollution and obnoxious odors caused by the 
 emissions. 


    Subd. 3.    Exemption.  The following are exempt from 
 the requirements of subdivisions 1 and 2: 


    (1) emissions resulting from the activities of public fire 
 services or law enforcement services; 


    (2) emissions from motor vehicles, as defined in section 
 169.01, subdivision 3; 


    (3) emissions from an agricultural operation deemed not a 
 nuisance under section 561.19, subdivision 2; or 


    (4) emissions from agency regulated sources that are 
 routine or authorized by the agency. 


    Subd. 4.    Penalty exception.  A person who notifies 
 the agency of emissions under subdivision 1 and who complies 
 with subdivision 2 shall not be subject to criminal prosecution 
 under section 115.071, subdivision 2. 


    Subd. 5.    Use of notification.  Any notice submitted 
 under subdivision 1 is not admissible in any proceeding as an 
 admission of causation. 


    HIST: 1988 c 600 s 1