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Chemical Dumping Penalties in Minnesota

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    Chemicals

    • There are several chemicals which must be disposed of in a certain fashion according to Minnesota law. Alkaline cleaning solvents, antifreeze, lead contaminated chemicals and liquids, chemicals containing mercury, fuels and industrial oils, PCBs and battery acids are all included in that list; dumping any of these chemicals outside of available regulations will likely result in penalties.

    Types of Prosecution

    • Chemical dumping can be punished by civil or criminal prosecution, as well as cleanup enforcement. Civil prosecution typically is only geared towards bringing polluters into compliance with state and federal pollution laws. Cleanup prosecution simply forces the responsible party to remove the dumped chemicals and dispose of them properly. Criminal prosecution is meant to investigate and punish "willful and deliberate violations of environmental laws or regulations," according to the EPA website, and may include criminal fines and prison time.

    Civil and Criminal Penalties

    • Civil enforcement measures include several procedures used to resolve various dumping problems, and may include mediation, mini-trials, arbitration, conciliation, and ombuds. Frequently, computer models are employed to assess civil penalties and measure the economic benefit obtained by the violator in dumping the chemicals, evaluating claims that the violator may not be able to afford proper disposal methods, and measuring the actual expense of proper disposal.

      According to Minnesota law, even the residential or household dumping of some chemicals can be worthy of criminal prosecution. Violators may be charged by their municipality, county, state or by the federal government. Depending on the severity of the dumping violation, fees may vary from several thousand to several million, and crimes committed in conjunction to illegal chemical dumping -- such as fraud and obstruction of justice -- will likely also be pursued in a criminal court.

    Legal Waste Removal Options

    • The Minnesota Pollution Control Agency, as well as numerous city and county websites, provide listings of companies which make it their job to legally manage chemical and hazardous waste disposal. Minnesota laws often require companies disposing of their own chemical waste to have certain state or federally-supplied certifications and specialized equipment or facilities, so contracting those services from listed companies can represent a substantial savings.

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