Subd. 1. Notice required.

At the earliest practicable moment, each person who transports hazardous materials, including hazardous wastes, shall give notice in accordance with subdivision 2 after each incident that occurs during the course of transportation including loading, unloading, and temporary storage, in which as a direct result of hazardous materials:

1. (1) a person is killed;
2. (2) a person receives injuries requiring hospitalization;
3. (3) estimated carrier or other property damage exceeds $50,000;
4. (4) an evacuation of the general public occurs lasting one or more hours;
5. (5) one or more major transportation arteries or facilities are closed or shut down for one hour or more;
6. (6) the operational flight pattern or routine of an aircraft is altered;
7. (7) fire, breakage, spillage, or suspected radioactive contamination occurs involving shipment of radioactive material;
8. (8) fire, breakage, spillage, or suspected contamination occurs involving shipment of etiologic agents;
9. (9) a situation exists of such a nature that, in the judgment of the carrier, it should be reported in accordance with subdivision 2 even though it does not meet the criteria of clause (1), (2), or (3), but a continuing danger to life exists at the scene of the incident; or
10. (10) there has been a release of a marine pollutant in a quantity exceeding 450 liters (119 gallons) for liquids or 450 kilograms (882 pounds) for solids.

Subd. 2. Information required.

Each notice required by subdivision 1 must be given to the Minnesota department of public safety, emergency services division. Notice involving etiologic agents must be given as required in Code of Federal Regulations, title 49, section 171.15. Each notice must include the following information:

1. (1) name of reporter;
2. (2) name and address of carrier represented by reporter;
3. (3) phone number where reporter can be contacted;
4. (4) date, time, and location of incident;
5. (5) extent of injuries, if any;
6. (6) classification, name, and quantity of hazardous materials involved, if the information is available; and

7. (7) type of incident and nature of hazardous material involvement and whether a continuing danger to life exists at the scene.

   Each carrier making a report under this subdivision shall also make the report required by subdivision 3.

Subd. 3. Time limit.

Each carrier who transports hazardous materials shall report in writing in duplicate on a form prescribed by the commissioner within 30 days of the date of discovery, each incident that occurs during the course of transportation, including loading, unloading, or temporary storage, in which any of the circumstances set forth in subdivision 1 occurs or there has been an unintentional release of hazardous materials from a package, including a tank, or any quantity of hazardous waste has been discharged during transportation.

Subd. 4. Report of hazardous waste discharge.

If a report pertains to a hazardous waste discharge, a copy of the hazardous waste manifest for the waste must be attached to the report, and an estimate of the quantity of the waste removed from the scene, the name and address of the facility to which it was taken, and the manner of disposition of any unremoved waste, must be reported.

Subd. 5. Discharge exemptions.

Except as provided in subdivision 6, the requirements of subdivision 3 do not apply to incidents involving the unintentional release of hazardous materials being transported under the following proper shipping names:

1. (1) consumer commodity;
2. (2) battery, electric storage, wet, filled with acid or alkali;
3. (3) paint, enamel, lacquer, stain, shellac or varnish aluminum, bronze, gold, wood filler, and liquid or lacquer base liquid when shipped in packagings of five gallons or less; or
4. (4) materials prepared and transported as a limited quantity according to Code of Federal Regulations, title 49, subchapter C.

Subd. 6. Reporting exceptions not applicable.

The exceptions to incident reporting provided in subdivision 5 do not apply to incidents required to be reported under subdivision 1 and incidents involving the transportation of hazardous waste.