Section 18D.315 — Administrative Penalties.
18D.315 ADMINISTRATIVE PENALTIES. Subdivision 1. Assessment. (a) In determining the amount of the administrative penalty, the commissioner shall consider the economic gain received by the person allowing or committing the violation, the gravity of the violation in terms of actual or potential damage to human health and the environment, and the violator’s culpability, good faith, […]
Section 18D.321 — Appeal Of Commissioner’s Orders.
18D.321 APPEAL OF COMMISSIONER’S ORDERS. Subdivision 1. Notice of appeal. (a) After service of an order, a person has 45 days from receipt of the order to notify the commissioner in writing that the person intends to contest the order. (b) If the person fails to notify the commissioner that the person intends to contest […]
Section 18D.323 — Crediting Of Penalties, Fees, And Costs.
18D.323 CREDITING OF PENALTIES, FEES, AND COSTS. Except for money repaid to the agricultural chemical response and reimbursement account under section 18E.04, subdivision 6, penalties, cost reimbursements, fees, and other moneys collected under this chapter must be deposited into the state treasury and credited to the appropriate pesticide or fertilizer regulatory account. History: 1990 c […]
Section 18D.325 — Civil Penalties.
18D.325 CIVIL PENALTIES. Subdivision 1. General penalty. Except as provided in subdivisions 2 and 3, a person who violates this chapter, chapter 18B, 18C, or 18F or a special order, standard, stipulation, agreement, or schedule of compliance of the commissioner is subject to a civil penalty of up to $7,500 per day of violation as […]
Section 18D.331 — Criminal Penalties.
18D.331 CRIMINAL PENALTIES. Subdivision 1. General violation. Except as provided in subdivisions 2 and 3, a person is guilty of a misdemeanor if the person violates a provision of this chapter, chapter 18B, 18C, or 18F or a special order, standard, stipulation, agreement, or schedule of compliance of the commissioner. Subd. 2. Violation endangering humans. […]
Section 18D.40 — Enhanced Penalties; Outdoor Recreation Lands.
18D.40 ENHANCED PENALTIES; OUTDOOR RECREATION LANDS. Notwithstanding limitations placed on administrative or civil penalty amounts under sections 18D.315 and 18D.325, a person who applies a pesticide resulting in damage to adjacent property that is part of the state outdoor recreation system may be subject to a monetary penalty equal to twice the amount that the […]
Section 18D.311 — Damages For Administrative Action Without Cause.
18D.311 DAMAGES FOR ADMINISTRATIVE ACTION WITHOUT CAUSE. If the commissioner did not have probable cause for an administrative action, including the issuance of a stop-sale, stop-use, or removal order, a court may allow recovery for damages caused by the administrative action. History: 1989 c 326 art 7 s 10
Section 18D.103 — Report Of Incidents Required.
18D.103 REPORT OF INCIDENTS REQUIRED. Subdivision 1. Report to commissioner. A responsible party or an owner of real property must, on discovering an incident has occurred, immediately report the incident to the commissioner. The responsible party must immediately take all reasonable action necessary to minimize or abate the incident and to recover any agricultural chemicals […]
Section 18D.105 — Corrective Action Orders.
18D.105 CORRECTIVE ACTION ORDERS. Subdivision 1. Corrective action orders. (a) After determining an incident has occurred, the commissioner may order the responsible party to take reasonable and necessary corrective actions. (b) The commissioner shall notify the owner of real property where corrective action is ordered that access to the property will be required for the […]
Section 18D.1051 — Response To Agricultural Chemical Incidents.
18D.1051 RESPONSE TO AGRICULTURAL CHEMICAL INCIDENTS. The commissioner of agriculture may take corrective action under this chapter, or response and remedial action under chapter 115B, or both, as provided under those chapters, in responding to an agricultural chemical incident, release, or threatened release. History: 1990 c 597 s 72