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1 ,-~._..," ' LEGI;'-LATIVE REFERENCE LIBRAR, j.kj~li~~~1jlmliir~ii~lill~i~ii~ I... '. --;-' ? ~,. ~n1)n. ', >;; ~ (,'V".,. ~ "0;1 ',". '., This document is made available electronicall b the Minnesota Legislative Reference Librar as part of an ongoing digital archiving project. ',.._.., - -':. Field Citation pilot Project,.. '! I. i A Report to the Legislative Commission on Waste Management November 1992.] <I Minnesota Pollution Control Agenc and Minnesota Department Natural Resources KFM 5754.A35 A2 1992a [~ Pursuant to 1991 LaWS, Chapter 347.r ARticJ.e 1, section 15, subd 6 Printed on Reccled Paper

2 Field Citation pilot Project A Report to the Legislative Commission on Waste Management November 1992 Minnesota Pollution Control Agenc and Minnesota Department Natural Resources

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4 Introduction As part of the environmental enforcement act of 1991, the Minnesota Legislature created a pilot project for issuing field citations for the illegal disposal of solid waste. A cop of the legislation is included in Attachment 1 of this report. This report summarizes the current status of the pilot project, discusses the effectiveness and limitations identified to date, and provides recommendations for future considerations for field citations. The Minnesota Pollution Control Agenc (MPCA), in consultation with Minnesota Department of Natural Resources (DNR) and the Minnesota Attorne General (AG), provides this stud to the Legislative Commission on Waste Management (LCWM) as required b Minn. Statutes Chapter 347, Sec. 15, subd. 6. Status Summar The pilot project was initiated with a joint training session and development of the citation form in October A cop of the citation can be found in Attachment 2. DNR Conservation Officers (COs) and MPCA Solid Waste Specialists (SWS) attended the training session conducted b staff from the AG office and DNR and MPCA staff. Attachment 3 provides a summar status of the citations issued as of September 30, 1992, and Attachment 4 contains a current listing as of October 27, As of September 30, 1992, 77 citations have been issued with an average penalt amount of $ Of these 8 (10.4%) citations have been appealed and 12 (15.6%) citations have not been paid with corresponding penalt amounts of $5,878 and $3,540, respectivel. DNR COs are issuing citations statewide, tpicall where waste has been disposed of on public land. The MPCA Commissioner initiall authorized one SWS to issue citations.and the remaining SWS have served as liaisons with the COs. With the experience gained this last ear, the MPCA Commissioner will shortl authorize all SWS to issue citations. AG staff has served as the point person in responding to appeals and coordinating administrative hearings. Effectiveness and Limitations Two of the main objectives of this pilot project are to deter indiscriminate dumping and to penalize people who dispose of waste illegall. Based upon the low percentage of appeals and nonpament of penalties in comparison with the experience of DNR with other ticketing programs, this first ear has been successful. We believe that it is too soon to accuratel assess the effectiveness of the pilot project. However, based on anecdotal evidence the citation is an effective tool for the encouragement of proper waste

5 -2- handling. We propose to surve count solid waste officers, sheriff departments, count transportation staff and MPCA and DNR field staff on their perceptions of the field citation in the coming ear. The results of this surve will provide an objective assessment on the effectiveness of this tool. Another objective is removal of the illegall disposed waste to an authorized area. Staff involved in this program have been effective in ensuring that waste is removed from the unpermitted area. Two primar methods generall have been used. If the waste disposer is present at the time of the citation issuance, he is encouraged to remove the waste. If the waste owner is not present, field staff will make a follow-up visit to ensure removal of the waste from the area. Major limitations identified to date are: no ordered cleanup, lack of an alternate procedure for collection of unpaid penalties, and high costs of administrative hearings. As discussed above, removal of the waste is a prime objective of this program, although the current statutor language does not specificall address it. The citation form includes a requirement to remove the waste to a permitted facilit. However, if the person refuses to remove the waste, additional statutes must be invoked to order the person to remove the waste, and the efficiencies of this civil enforcement tool are lost. We believe the program would be more effective if the statute included language that required cleanup of the area. The statute does authorize the attorne general to bring civil actions in district court for pament of penalties, which ma include recover of costs. However, these actions do require a fair amount of staff time that ma be used more effectivel in other critical cases or issues. Currentl certified letters are sent to citation recipients notifing them that the penalt is delinquent and requiring pament. These have been fairl effective, but there are still penalties outstanding. Presentl, MPCA staff is investigating the use of a collection agenc for pament of outstanding penalties. Administrative hearing costs are high in comparison with the tpical penalt amount. An opportunit for review of a citation is necessar.~ Tpicall, when an appeal is received b the Commissioner, the attorne general reviews the facts and advises the MPCA and DNR on the merits of the case. If a hearing is scheduled, the state's case is presen~ed before an Administrative Law Judge (ALJ). The citation recipient also has an opportunit ~o present his point of view. The ALJ makes a determination of the case and presents his recommendations to the MPCA Commissioner who makes the final decision. Five hearings have been scheduled to date; one appeal was settled prior to the hearing, one appeal was upheld b the ALJ and three are pending.

6 -3- Since this is a pilot project, the program does have a limited focus. However, field staff and local officials have provided comments on the constraints of the pilot. Some of these comments have suggested expanding the program to include such things as burn barrels. Others have identified frustration with the statutor language excluding a citation when the landowner has given permission for the unauthorized disposal of solid waste. The referenced surve should provide more information on how the program is received. Also, MPCA program managers will be evaluating what particular aspects of their specific regulator programs could benefit from a similar citation program. Summar and Recommendations In summar, we believe that the pilot project is successful. Eight citations have been issues as of October 27, Of these, seven are under appeal or have been withdrawn or denied. There also has been a 75 percent pament rate of the remaining 73. Prior to recommending' that the Legislature make this authorit permanent, we would like to complete the activities discussed in this report. Therefore, we recommend that the Legislature extend this pilot project for another ear. During this time period, we would gain additional experience with the citation program and evaluate the effectiveness of a collection agenc. Reactions of'local officials and expansion of the citation authorit into other environmental regulator programs will also be assessed and incorporated with the findings of this pilot project and presented to the LCWM.

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8 Attachment 1 Chapter 347 Article 1. Civil Enforcement Sec. 15. Field Citation Pilot Project Subdivision 1. Authorit to issue. Pollution control agenc staff designated b the commissioner and department of natural resources conservation officers ma issue citations to a person who disposes of solid waste as defined in Minnesota Statutes, section , subdivision 10, at a location not authorized b law for the disposal of solid waste without permission of the owner of the propert. Subd. 2. Penalt amount. The citation must impose the following penalt amounts: (1) $100 per major appliance, as defined Minnesota Statutes, section 115A.03, subdivision 17a, up to a maximum of $2,000; (2) $25 per waste tire, as defined in Minnesota Statutes, section 115A.90, subdivision 11, unless utilized in an agricultural pursuit, up to a maximum of $2,OOOi (3) $25 per lead acid batter governed b Minnesota Statutes, section 115A.915, up to a maximum of $2,OOOi (4) $1 per pound of other solid waste or $20 per cubic foot up to a maximum of $2,OOOi and (5) up to $200 for an amount of waste that escapes from a vehicle used for the transportation of solid waste if, after receiving actual notice that waste has escaped the vehicle, the person or compan transporting the waste fails to collect the waste. Subd. 3. Appeals. Citations ma be appealed under the procedures in Minnesota Statutes, section , subdivision 6, if the person requests a hearing b notifing the commissioner within 15 das after receipt of the citation. If a hearing is not requested within the 15-da period, the citation becomes a final order not subject to further review. Subd. 4. Enforcement of field citations. Field citations ma be enforced under Minnesota Statutes, section , subdivisions 9 and 10. Subd. 5. Cumulative remed. The authorit of conservation officers to issue field citations is in addition to other remedies available under statutor or common law, except that the state ma not seek penalties under an other provision of law for the incident subject to the citation. Subd. 6. Stud of field citation pilot program. The pollution control agenc, in consultation with the department of natural resources and the attorne general, shall prepare a stud on the effectiveness and limitations of the field citation pilot program.

9 -2- The stud must make recommendations about the continued use of field citations. The stud must be submitted to the legislative commission on waste management b November 15, Note: This section is repealed on Jul 1, 1993.

10 I. 1~~TrnT~ i?~ ~I 'DEPARTMENT 1~ OF NATURAL RESOURCES ArrrACHMENT 2 ~ Minnesota Pollution Control Agenc' '::c;cr NOTICE OF SOLID WASTE DISPOSAL VIOLATION,.CIVIL CITATION, AND IM'POSITION OF PENALT Nf! ~ ISSUE DATE TIME I~~~_ ;;:;-=--, ;-:-::=~ ;::-:::-:::"---' lame (LAS!) (FIRS!) (MIDDLE) D.O.B. ICR.----r:::-;;-:-:~ Ie less; STREET CIT STATE ZIP!.:JCATIONI (8) PROJECT CODE COUNT (2) VIOLATION DATEITIME DA OF WEEK ACT (3) CODE VIOLATION (3) CODE SPECIES (4) CODE!,JCATlON DESCRIPTION ISHICLE EAR., MAKE MODEL COLOR UCENSE VIN/SER/BHN I 'lis civil citation is being issued to ou in lieu of crimin~1 charges for unlawful disposal of solid waste on public "qpert or on private propert without the permission of the owner. ou are hereb directed to remit within 30 das Ie following amount for this unlawful disposal of solid waste:.....'. Major Appliances!:. Waste Tires 13. Lead Acid Batter (Number) x $100 each = $.. (Maximum $2,000) (Number) x $ 25 each = $ (Maximum $2,000; r ; (Number) x $ 25 each = $ (Maximum $2,000; '--- -J I I> Other Solid Waste (either pounds or cubic feet, or c.ombination): c=j (Pounds) x $ 1 per pound =$ c=j (Cubic Feet) x $ per cubic ft = $ D Solid materials (waste) that has escaped from a vehicle. INOTiCE OATEiT1ME = $ f----- I (Maximum $2,000, (Maximum $2, (Maximum $ 200: TOTAL OF THIS CITATION = $1 1, I ~ereb acknowledge receipt of this notice and order of Civil Citation and Penalt. I I-VIOLATOR'S SIGNATURE OFFICER'S SIGNATURE STATION # I -.l l- --..:....l...- _ r I I j'jament of the'amount specified must be s'ent within 30 das to: I.. Commissioner MN PCA Solid Waste Section' 520 Lafaette Road St. Paul, MN ~8. IAPpeafs to this citation must be made in writing within 15 das after issue in accordance with provisions loutlined / on the back of this notice. This citation becomes final and is not subject to further review after 15 das from the date of issue. SEE BACK OF THIS FORM FOR SPECIFIC APPEAL PROCEDURES. "JFORMATION REGARDING THE REiVl0VAL NOTICE AND APPEAL PROVISIONS IS ALSO PRINTED ON THE 3ACK OF NOTICE.

11 I II I I ).!."., APPEALS OF CIVIL CITATIONS: Citations ma be appealed under the procedures in Minnesota Statutes, Section , Subdivision 6, if the pers'on requests a hearing b notifing the Commissioner of the Pollution Control Agenc within 15 das after receipt of the citation. If a hearing is "'not" requested within the 15 da period, the citation becomes a final order not subject to.,. f.~.~herj~v.ie'":.'.~pp~~ls ma be filed at the address provided for pament of the penalt..,,' -~. "'- j ~.:~: '.' i" - ".,'... NOTICE TO REMOVE:... ou are required under Minnesota law to remove an solid waste that has' been disposed of in an unpermitted location. Failure to remove unlawfull placed solid waste.~:... _ within 30 das as cited on the Notice of Solid Waste DisDosal Violation, Civil Citation, and Imposition of Penalt ma result in additional legal actions, including penalties, "under Minnesota law... i I t. "..'...,:..,.,... ~..,:... ~...,i: :... '" I IL' '::! "...~..., _,,'.:' j i.. j ;; :, :..:./; "::::: r; ",' :;: -:. i!'.:1.!)<"';;;. It 1"-' I j I _.....,...,. INarrative Report: l , I r r _-:...-_ '.. ;.. ; _:.. - I I.,. _ I... A Separate Report Exists Regarding This Case =,.'... :r. ('.... ~ i. : j,

12 ATTACHMENT 3 FIELD CITATION PILOT PROJECT PRELIMINAR DATA (as of September 30, 1992) F 1992 F 1993 Total General Citations Issued Penalt Assessed $7978 $9775 $17753 Average Penalt Assessed $ $ $ Disposition Numbers Paid Amount Paid $5?65 $740 $6405 Average Paid $ $67.67 $ Numbers Appealed Dollars Appealed $83 $5795 $5878 Numbers Settled Dollars Settled ($83) ($540) ($623) Numbers - Nonpament Dollars Not Paid #2230 $1220 $3450 Average $223 $610 $ Number Not et Due o 5 5 Amount $4495 $4495

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14 '--' ({J t.;' :,.) ~ 10/27/92 11:50:13 Minnesota Department o~ Natural Resources CIVIL CITATIONS ISSUED B CONSERVATION OFFICERS (Listing b Issue Date) CITA FIRST NAME! AMT OF TION LAST PLEA/ APPEAL MIDDLE CITA VIOLATION ISSUE NO. LAST NAME ACTION APPEAL DECI INITIAL TION DATE DATE DATE FILED SION 3001 FUSS JOHN T 50 11/17/91 11/26/91 4/17/ JASMER CAR W /08/91 12/08/91 8/10/ THOMSEN MICHAEL R 40 1/09/92 1/10/92 2/20/92 '. 111 HARSEN JEFFER G 200 1/14/92 1/15/92 2/24/ BRINKMAN. ~~~FFRE T 50 :1127/92 '2/04/92 2/13/92./,:'~;: ' 1191 PETERS9N JOSEPH D 300 2/05/92 2/10/92' 2/13/ HESTER JAMES M 250 1/00/92 2/11/92 3/13/92 52 PHILIPPI JOHN L 11/20/91 2/16/92 2/20/92 56 BRANNAN JAMES A 11/20/91 2/18/92 4/16/92 54 FUNK PAUL o 2/16/92 2/18/92 4/10/92 53 JUVENILE JUVENILE J.>,. 2/16/92 2/18/92' 3/19/ SNOW MICHAEL K 240 2/13/92 2/19/92 3/18/92 55 JUVENILE JUVENILE J. 2/16/92 2/19/92 4/01/ PHILLIPSON JEROLD S 80 2/20/92 2/20/92 3/05/ DEBAUCHE JOHN V 2/23/92 2/f3/9~ 4/13/ DANI ELOWSK I JON M 100 2/08/92 2/25/92.8/rO/92 'i 682 PRUDEN LEO H 10 1/00/92 2/26/92 3/16/ WHITTED SCOTTI. J 2/14/92 2/27/92 4/13/ CARON MICHAEL o 4q 2/29/92 2/29/92 3/12/ FIELD ROBERT W 40 3/02/92 3/02/92 4/23/ ROHRB'ECK RAMOND R 40 2/00/92 3/02/92 3/23/ REED RAMOND W 100 1/00/92 3/07/92 8/10/92,.341 HALL DEBORAH C 2Q 3/04/92 3/08/92 4/02/92 H APPEAL CODE DEFINITIONS: N = Sustained/Not Gui It CITA TION PAID '. D = Withdl'awn b DNR/PCA V, BADGE/ AMT OF STATION PAMENT NO. ' A ;,50.!.~..~ PAGE. COUN T CODE ~ f)! ~ ,

15 10/27/92 11:50:13 CITA TION NO. 112 LATTIMER 1441 BROWNLEE 2771 SULLIVAN 2772 MIELKE 712 HOLTZCLAW 31 PFAFF 713 JUVENILE 1192 THOMPSON 2731 HUGHLE 891 ROSTON 883 BOLSTER 631 ERPELDING 884 HANSON 1003 ALSLEBEN 1234 MAZNIO 1091 SCHMITZ 885 MALAVE 701 BOCKOVEN 742 HUNT LAST NAME 211 MARTIl'!?ON 1092 SANFORD 744 BURRIS 57 MEER FIRST NAME/ MIDDLE INITIAL Minnesota Department of Natural Resources CIVIL CITATIONS ISSUED B CONSERVATION OFFICERS (Listing b Issue Date).AMT OF LAST PLEA/ APPEAL CITA VIOLATION ISSUE ACTION:APREAL DECI TION DATE DATE DATE FILED SION GEORGE J 2/18/92 3/12/92 3/26/92 DUANE D. 3/13/92 3/13/92 3/24/92 RICHARD D 160 2/29/92 3/17/92 8/10/92 WILLIAM o 3/12/92 3/23/92 4/10/92 ERNEST S 60 3/26/92 "3/26/92 4/27/92 NORMAN R 200 3/26/92 3/29/92 4/10/92 JUVENILE J /12/91 3/30/92 8/06/92 LARR M 30 12/00/91 3/30/92 4/03/92 DAVID E 83 3/31/92 4/01/92 5/11/92 THOMAS T 80 4/03/92 4/03/92 5/01/92 LARR C,350 4/04/92 4/06/92 8/06/92 CRAIG W 3/25/92 4/06/92 5/04/92 JEFFRE MICHAEL G A 225 4/07/92 4/06/92 4/08/92 4/08/92 8/10/92 4/14/92 BRIAN T 175 4/06/92 4/10/92 8/10/92, LLOD R.60 4/22/92 4/22/92 9/11/92 JESUS 40 4/26/92 4/26/92 7/14/92 RAMOND 40 4/27/92 4/27/92 5/11/92. TIMOTH S 300 4/27/92 5/03/92 6/01/92 RICHARD C 160 4/27/92 5/10/92 6/12/92 WANE '1 0/00/90 5/14/92 7/07/92 PATRICK J 360 4/03/~2 5/16/92 9/11/92 DONALD' A 3 5/01/92 5/17/92 6/10/92 APPEAL CODE DEFINITIONS: N = Sustained/Not Gui It N CITA TION PAID. D = Withdrawn b DNR/PCA BADGE/ AMT OF STAT ION' PAMENT NO..h PAGE 2 COUN T CODE ' , ~:\i~~(!.:! ;[.g~,:.1

16 \_1 ~, ':":~:':"':l \~, 10/27/92 11:50:13 Minnesota Department of Natural Resources CIVIL CITATIONS ISSUED B CONSERVATION OFFICERS (Listing b Issue Date) CITA 'FIRST NAME/ AMT OF TION LAST PLEA/ APPEAL MIDDLE CITA VIOLATION ISSUE NO. ACTION APPEAL DECI LAST NAME INITIAL TION DATE DATE DATE F ILED S,ION 58 HAGSTROM RUSSELL J 1 3/31/92 5/19/92 6/05/ BAKER LAWRENCE L 5/22/92 5/23/92 6/19/ PIPPENGER TIMOTH C 200 5/15/92 5/24/92 6/24/92, 1122 SCHAFER MARVIN W, 75 5/26/92 5/26/92 6/03/ BOVEE BECK S 200 '0/00/91 " 5/27/92 I 7/02/ MATEJKA GERALD J 2,000 5/26/92,::11.~.' ~,t, l:r~': 5/29/92 6/02/ CARLSON COR R 1,200 5/26/92 6/02/92 9/11/ GREEN JASON o 40 6/06/92 6/06/92 8/17/ DAHL STEPHEN R 100 5/00/92 6/16/92 6/22/ ADAMS GILBERTO G 500 6/07/92 6/18/92 8/14/92 N N 3004 JONES BRIAN P 825 5/19/92 6/22/92 8/13/92,684 BALISS MARK G 40 7/13/92 7/13/92 9/03/92 D 691 MOE JASON L ' 7/07/92 7/13/92 10/19/ HASBROUCK RICHARD L 150 5/27/92 7/15/92 8/04/92, 2981 BOLES' DONNA M 80 7/21/92 7/28/92 9/30'/ OHARA JAMES T 5/25/92 ' 7/29/92 8/05/92 "r 6 RODERICK JOEL J 8'25 5/18/92 8/05/92 8/13/92 5 CHILDRE CHRIS'L 825 5/18/92 8/05/92 8/13/9~ :'j!, DURBIN CHRISTINE A 160 6/16/92 8/06/92 9/18/ LUND "'. ROBERT E 50 7/01/92 8/11/92 8/25/ THOREN ERIC P 200 8/06/92 8/22/92 N 212 BLAKE ORRIE L 100 8/29/92 8/29/92 9/28/ SOPIWNIK DUKE S 60 8/29/92 8/31/92 9/10/92. BADGE/- AMT OF STATION PAMENT NO...., CITA TION PAID APPEAL CODE DEFINITIONS: N =Sustained/Not Guilt D = Withdrawn b DNR/PCA N N PAGE 3 COUN T CODE 1' ,000.::: ' I 160, ' ' ' ' '

17 10/27/92 11:50:13 Minnesota Department of Natural Resources PAGE 4 CIVIL CITATIONS ISSUED B CONSERVATION OFFiCERS (Listing b I~sue Date) CITA- FIRST NAME/ AMT OF LAST PLEA/ APPEAL CITA- BADGE/ COUN- TION MIDDLE CITA- VIOLATION ISSUE ACTION APPEAL DECI- TION AMT OF STATION T NO. LAST NAME INITIAL TION DATE DATE DATE FILED SION PAID PAMENT NO. j..,.. CODE 685 CORWIN DENNIS D 9/04/92 9/05/92 9/09/92 135' JACOBSON THOMAS G 40 9/03/92 9/10/92 9/25/92 ' LATTERNER JOHN G 500 6/26/89 9/10/92 N HEFFRON KELL J 80 9/01/92 9/16/92 N BURFORD JAMES W /00/92" 9/18/92 10/09/92 D N ~OO , 531 CLMER RICHARD L 9/05/92 9/20/ ARD GARNET A 9/24/92 9/24/92 9/28/ HINSON DIANE M 80 7/00/92 9/29/92 10/20/ SPELTZ DONALD F 10/07/92 10/07/ , ROSILLO ALFREDO 2,000 9/22/92 10/13/ PATTERSON JORD L /10/92 10/14/ * * * END o F REP 0 R T * * * FINAL TOTALS TOTAL 17,953 6,505 COUNT 80 i, " "'1 APPEAL CODE DEFINITIONS: N.= Sustained/Not Gui It D = Withdrawn b DNR/PCA...,' 't "':_."!'~} (VFi;